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END USER LICENSE AGREEMENT

This End User License Agreement (or "EULA") is a legal agreement between you (either in your individual capacity, or on behalf of an entity), hereafter sometimes referred to as "you," "Licensee," or "End User" and MADFINGER Games, a.s. in order to give you a license to use the Game as set forth in this Agreement under the conditions in this Agreement, as well as to use the additional (mandatory) services provided by MADFINGER Games, a.s.

By downloading, installing, accessing or using any of MADFINGER Games Game(s)/Product(s), you acknowledge agreement with the terms of this EULA. If you do not wish to agree with terms, then do not download, install, access or use any of our Games/Products. By downloading, installing, accessing or using the Game, you agree that you have read, understood and agreed to be bound by this EULA. For residents of some countries, you agree to the arbitration agreement and class action waiver described below to resolve any disputes. (e.g. further term Game for all our products).

1. Definitions

  1. In the context of this EULA, the term “Game” refers to all Products created and operated by MADFINGER Games, a.s. including all updates and upgrades.
  2. “User Account” refers the online account that is created for the purpose of registration and authorization.For full details, please see the relevant section of our website.
  3. “Consumer” refers to the Licensee, i.e. the person who has licensed the Game for personal use.
  4. “Free Version” refers to the product provided by MADFINGER Games, a.s. to you at no charge.
  5. This EULA can also be referred to as the “License”.

2. Ownership/Intellectual Property Rights

  1. You, as Licensee, through your downloading, installing or use of this product do not acquire any ownership rights to the Game. The Game is protected by intellectual property laws and treaties. The rights to use the Game as set out in this Agreement are licensed, not sold, to you by MADFINGER Games, a.s.
  2. Third party trademarks, trade names, product names and logos may be the trademarks or registered trademarks of their respective owners. You may not remove or alter any trademark, trade names, product names, logo, copyright or other proprietary notices, legends, symbols or labels in the Game. This EULA does not authorize you to use MADFINGER Games' or its licensors' names or any of their respective trademarks.
  3. As between you and MADFINGER Games, a.s., MADFINGER Games, a.s. is the owner of all right, title and interest in and to the Game (including all copyrights, trademarks and patents) regardless of the media or form of the Game; whether online, by disk or otherwise.
  4. You shall not, at any time during or after the effective Term of the EULA, dispute or contest, directly or indirectly, MADFINGER Games' exclusive right and title to the Game or the validity thereof.
  5. You shall not attempt to develop any Game that contains the "look and feel" of any of the Game, or is otherwise derivative of the Game.

3. License grant

  1. Under the condition that:
  2. You have legally acquired the rights to the Game,
  3. paid the applicable price and
  4. have registered and You hold valid User Account, MADFINGER Games, a.s. grants You a personal, limited, non-exclusive license to install and use the Game for your personal, non - commercial use solely as set forth in this License and any accompanying documentation. Any commercial use is prohibited. You are expressly prohibited from sublicensing, renting, leasing or otherwise distributing the Game or rights to use the Game. The term of your license shall commence on the date that you start to download, install or otherwise use the Game, and shall end on the earlier of the date that you dispose of the Game or MADFINGER Games' termination of this License. You may not translate, reverse engineer, decompile, disassemble, or create derivative works from the Game.
  5. You may download the Game from an authorized source. The number of copies that you can download during a consecutive period of days may be limited. You may not make a copy of the Game available on a network where it could be used by multiple users at the same time. You may not make the Game available over a network where it could be downloaded by multiple users.
  6. You acknowledge and agree that the Game may use information regarding your computer, hardware, media, software and your use of the Game to validate your license rights and to update the Game.
  7. You agree that the Game may automatically download and install updates, upgrades and additional features that MADFINGER Games, a.s. deems reasonable, beneficial to you and/or reasonably necessary. You acknowledge and agree that any obligation MADFINGER Game, a.s. may have to support the previous version(s) may be ended upon the availability of the update, upgrade and/or implementation of additional features.

4. Consent to Collection and Use of Data

  1. During the process of registration and unlocking, updating or upgrading the Game and when technical support is provided, MADFINGER Games, a.s. may collect and use technical information for improvement of the Game or for support purposes.
  2. By playing the Game, you give consent for MADFINGER Games a.s. to collect and monitor Game data and statistics for the purpose of detecting the use of illegal third party applications, such as 'hacks', 'mods' and 'bots' (including digital documentation) from your use of the Game and aggregate such Data in order to record and prevent instances of cheating. In the event of a discrepancy in the data being found, further information will be reported to MADFINGER Games a.s. including your account name, details of the data discrepancy, time and date. MADFINGER Games a.s. may exercise any or all of its rights under this agreement, with or without prior notice to you.
  3. MADFINGER Games, a.s. knows that information about our customers is an important part of our business. MADFINGER Games, a.s. would never sell Your personally identifiable information to anyone, nor would it ever use spyware or install spyware on users' machines.
  4. Personal information that You give MADFINGER Games, a.s. directly and information that MADFINGER Games, a.s. collects as specified in section b. of this article will be used for purposes such as improving our products and services, troubleshooting bugs and otherwise to improve your user experience.
  5. Further information about MADFINGER Games, a.s. data collection and privacy policies for the user account can be found at our website.

5. Conduct Settings

  1. Through the action of downloading and installing the products of MADFINGER Games, a.s. you acknowledge and agree that you will not to:
  2. create a false identity for purposes of misleading others,
  3. violate the rights of others, defame, abuse, harass, threaten, spam or otherwise interfere with others'use uf the Game,
  4. publish, transfer or distribute any inappropriate, indecent, obscene, foul or unlawful conduct,
  5. transfer, stream or otherwise make available material that contains viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files or any other similar material that may damage the device.

6. Limitation of Liability

  1. The Games are provided on an “as is “basis without any additional warranty, this means that MADFINGER Games, a.s. does not warrant that the Games are free of errors.
  2. The MADFINGER Games, a.s. is responsible for the loss or damage You suffer where that loss or damage is foreseeable result of MADFINGER Games´ breach of this EULA, up to amount of 50 USD.
  3. MADFINGER Games, a.s shall only be liable without restriction according to the statutory provisions for any damages of the Licensee caused by intentional or gross negligent conduct of MADFINGER Games, a.s or its agents. The same applies to personal injury and damages according to the Czech Product Liability Act or comparable laws in other jurisdictions that may apply.
  4. Otherwise, the liability of MADFINGER Games, a.s. for damage claims – for whatever legal reason – is limited in accordance with the mentioned conditions, unless otherwise provided by an explicit guarantee of MADFINGER Games, a.s. for damages caused by slight negligence, MADFINGER Games, a.s is only liable insofar as they cause damage to contractual obligations (cardinal obligations). Cardinal obligations are those contractual obligations which must be fulfilled in order to ensure orderly implementation of the contract and in whose observance the Licensee should be able to trust. Insofar as MADFINGER Games, a.s. is responsible for simple negligence hereafter, the liability of MADFINGER Games, a.s. is limited to the typically foreseeable losses.
  5. The above liability restrictions shall also apply to agents of MADFINGER Games, a.s.
  6. You agree that provisions in this License that limit liability are essential terms of this License.

7. Indemnification

  1. Licensee agrees to indemnify, defend and hold harmless MADFINGER Games, a.s. and its affiliates and their respective officers, employees, directors, agents, licensees (excluding you), sublicensees (excluding you), successors and assigns from and against any and all liability, costs, losses, damages, and expenses (including reasonable attorneys’ fees and expenses) arising out of any claim, suit, or cause of action relating to and/or arising from
  • ( a ) your breach of any term of this EULA;
  • ( b ) your violation of any rights of any third party; or
  • ( c ) your use or misuse of the Game.
  1. Your indemnification obligations set forth in the immediately preceding sentence shall survive the termination of this EULA.

8. Third Party Content and Game

  1. The Game may utilize or include third party content, software or other copyrighted material ("Third Party Content"). Your use of such third-party material is governed by their respective terms and conditions. By accepting this EULA, you are also accepting the additional terms and conditions, of the third party. MADFINGER Games, a.s. expressly disclaims any all warranties in connection with the Third-Party Content, and shall have no liability in connection therewith.
  2. Your use of the Game may allow you to connect with third party applications or websites ("Third Party Applications"). Your use of the Third-Party Applications is governed by the terms and conditions thereof. By accepting this EULA, you are also accepting the additional terms and conditions, if any, set forth therein. MADFINGER Games, a.s. expressly disclaims and all warranties in connection with the Third-Party Applications, and shall have no liability in connection therewith.
  3. MADFINGER Games, a.s is not liable for costs arising out of services demanded by the Licensee that are not provided by MADFINGER Games, a.s.. This shall in particular apply to costs of data transfer from or to the Licensee’s device to a third party.

9. License Limitations

  1. MADFINGER Games a.s. is the owner and licensee of all rights, titles and interests to the Game clients, service, Games, accounts and all features and components thereof. The service or Games may contain materials licensed by third parties to MADFINGER Games a.s., and those third parties may enforce their ownership rights against you if you violate this agreement. The following, without limitation, are owned or licensed by MADFINGER Games a.s.:
  2. All virtual content appearing within the service or Games, such as:
  3. Visual Components: Locations, artwork, structural or landscape designs, animations, and audio-visual effects;
  4. Narrations: Themes, concepts, stories, and storylines;
  5. Characters: The names, likenesses, inventories, and catch phrases of Game characters;
  6. Items: Virtual goods, currency, potions, wearable items, pets, mounts, etc.;
  7. All data and communications generated by or occurring through the service or the Games.
  8. All sounds, musical compositions and recordings, and sound effects originating in the service or Games;
  9. All recordings, Game replays, reenactments of in-Game matches, battles, duels, etc.;
  10. Computer code, including but not limited to “Applets” and source code;
  11. Titles, methods of operation, software, related documentation, and all other original works of authorship contained in the service or Games;
  12. All Accounts. Note that MADFINGER Games, a.s. owns all Accounts, and that all use of an Account shall work to MADFINGER Games´ benefit. MADFINGER Games, a.s. does not recognize the transfer of Accounts. You may not purchase, sell, gift or trade any Account, or offer to purchase, sell, gift, or trade any Account, and any such attempt shall be null and void and may result in the forfeiture of the Account;
  13. All Moral Rights that relate to the service or a Game, including Custom Games, such as the right of attribution, and the right to the integrity of certain original works of authorship; and
  14. The right to create derivative works, and as part of this Agreement, you agree that you will not create any work based on the service or Games, except as expressly set fort in this Agreement or otherwise by MADFINGER Games, a.s. in certain contest rules, Madfinger Fan Policies, or addendum to this Agreement.
  15. You agree that you will not, in whole or in part or under any circumstances, do the following:
  16. Create derivative works - You will not copy or reproduce the Game, translate, reverse engineer, derive source code, modify, disassemble, decompile, or create derivative works based on or related to the products of MADFINGER Games, a.s.
  17. Cheat - You will not create, use, offer, advertise, make available, distribute methods of cheating - namely methods of influencing or facilitating Gameplay, including exploits of in-Game bugs, or other means of granting yourself or any other user and advantage over other players who are not using such methods.
  18. Use ‘bots’ - You will not create, use, offer, advertise, make available or distribute any software that allows automated control of the Games, services, or any component or feature thereof.
  19. Use ‘hacks’ - You will not create, use, offer, advertise, make available or distribute any software that accesses or modifies the Game or Service in any manner unless specifically authorised by MADFINGER Games a.s.

10. Usage of Premium Support Tokens

Player may use Premium Support Tokens (or „Tokens“) while contacting Customer Support service in case he has special request (nonstandard one) towards Customer Support such as if access to the Account is lost, forgetting a password etc. By using this Premium Support Token he will be able to retrieve of the Account details. Tokens can be purchased from MADFINGER Games a.s. for real currency.11. Termination of the License

  1. The Licensee may terminate this EULA at any time by removing the Game from all their devices, together with all copies in any form. This EULA will also terminate automatically upon conditions set forth elsewhere in this EULA, or if the Licensee fails to comply with any term or condition of this EULA, without notice to the Licensee. Upon such termination, The Licensee agrees remove the Game from all their devices, together with all copies in any form.
  2. MADFINGER Games, a.s. may terminate this EULA immediately when Licensee breaches terms and conditions of this EULA . MADFINGER Games, a.s. is justified immediately to inhibit the Licensee to use the Game.
  3. The failure or delay of MADFINGER Games, a.s. to exercise any of its rights under this EULA or upon any breach of this EULA shall not be deemed a waiver of those rights or of the breach.
  4. This agreement constitutes the complete and exclusive agreement between MADFINGER Games, a.s. and Licensee with respect to the subject matter hereof and supersedes all proposals, representations, understandings and prior agreements, whether oral or written, and all other related communication between the parties. All rights not explicitly granted in this agreement are reserved. Any clause in this agreement, which is found to be invalid or unenforceable shall be deemed deleted and the rest of this agreement shall remain unaffected.
  5. Nothwithstanding any provisions in this Agreement to the contrary, we agrese that if MADFINGER Games, a.s. makes any future changes to this Agreement you may reject any such change by sending us written notice within 30 days of the change.

12. Governing Law/Place of Performance and Jurisdiction/Dispute Resolution

  1. Exclusively Czech law applies, with the exception of the its conflicts- of- law rules, even if the Licensee has his/her residential or business seat abroad. If the Licensee is a Consumer, this choice of law shall not, however, have the result of depriving the consumer of the protection afforded to him by provisions that cannot be derogated from by agreement by virtue of the law which, in the absence of choice, would have been applicable.
  2. For all present and future claims from this Agreement, the exclusive jurisdiction is Brno. The same jurisdiction applies if the Licensee has no general jurisdiction inside Czech Republic, if he/she relocates his/her residence or habitual abode out of the country, or if his/her residence or habitual abode is not known at the time of institution of legal proceedings. Mandatory regulations of the Council Regulation (EC) on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters are unaffected hereby.

13. General

  1. The Licensee can only offset claims of MADFINGER Games, a.s. with undisputed or legally established counterclaims. The Licensee can only exercise a right of retention if his/her counterclaim is based on the same contractual relationship. The transfer of the Licensee's claims against MADFINGER Games, a.s. is prohibited.
  2. All rights not explicitly granted in this agreement are reserved.
  3. The failure or delay of MADFINGER Games, a.s. to exercise any of its rights under this EULA or upon any breach of this EULA shall not be deemed a waiver of those rights or of the breach.
  4. This agreement constitutes the complete and exclusive agreement between MADFINGER Games, a.s. and Licensee with respect to the subject matter hereof and supersedes all proposals, representations, understandings and prior agreements, whether oral or written, and all other related communication between the parties. All rights not explicitly granted in this agreement are reserved. Any clause in this agreement, which is found to be invalid or unenforceable shall be deemed deleted and the rest of this agreement shall remain unaffected.
  5. Notwithstanding any provisions in this Agreement to the contrary, we agree that if MADFINGER Games, a.s. makes any future changes to this Agreement you may reject any such change by sending us written notice within 30 days of the change.

14. Changes to the Agreement

  1. MADFINGER Games, a.s. may modify this EULA from time to time, so please review it frequently. If you accept a version of this license before it has been modified, the revisions will become effective 30 days after being posted publicly. Your continued use of the application means that you accept the new terms. Once you accept a version of the license, we will not enforce future material changes without your express agreement to them. If you are asked to accept material changes to this license and you decline to do so, you may not be able to continue to use the application.

15. Health and Safety

  1. Playing one of our Games may involve the risk of personal injury, discomfort or property damage. To ensure your safety please refer to the relevant safety manual of Oculus Rift and Samsung Gear VR.
  2. Usage of the Game on any platform not supported officially by MADFINGER Games a.s. is prohibited. By using Game you agree that you have necessary hardware, software and capability ( including a suitable connection to the Internet) required for the use of the Game. MADFINGER Games, a.s. accepts no responsibility or liability for any failure of your system to meet technical requirements of the Game.