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. (hereinafter as “MADFINGER”) 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.
By downloading, installing, accessing or using any of MADFINGER Game(s)/Product(s) (hereinafter as “the Game”), you acknowledge agreement with the terms of this EULA. If you do not wish to agree with these terms, then do not download, install, access or use any of our Games. 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.
- In the context of this EULA, the term “the Game” refers to all Products created and operated by MADFINGER Games, a.s. including all updates and different versions.
- “User Account” refers to the online account that is created for the purpose of registration and authorization. For full details, please see the relevant section of our website.
- “Consumer” refers to the Licensee, i.e. the person who has licensed the Game for personal use.
- “Free Version” refers to the product provided by MADFINGER to you at no charge.
- This EULA can also be referred to as the “License”.
2. Ownership/Intellectual Property Rights
- You, as the 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.
- 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's or its licensors' names or any of their respective trademarks.
- As between MADFINGER and you, MADFINGER is the owner of all rights, 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, on disk or otherwise.
- You shall not, at any time during or after the effective Term of the EULA, dispute or contest, directly or indirectly, MADFINGER's exclusive right and title to the Game or the validity thereof.
- You shall not attempt to develop any Game that contains the "look and feel" of any of the Games, or is otherwise derivative of the Game.
3. License grant
- Under the condition that:
- You have legally acquired the rights to the Game
- Paid the applicable price
- Registered and You hold valid User Account, MADFINGER 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 terms 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 I. when you dispose of the Game or II. MADFINGER terminates this License. You may not translate, reverse engineer, decompile, disassemble, or create derivative works from the Game.
- 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 the Game available on a network where it could be used or downloaded by multiple users.
- 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.
- You agree that the Game may automatically download and install updates, upgrades and additional features that MADFINGER deems reasonable, beneficial to you and/or reasonably necessary. You acknowledge and agree that any obligation MADFINGER to support the previous version(s) will be ended upon the availability of the update, upgrade and/or implementation of additional features.
4. Consent to Collection and Use of Data
- During the process of registration and unlocking, updating or upgrading the Game and when technical support is provided, MADFINGER may collect and use technical information for improvement of the Game or for support purposes.
- By playing the Game, you give consent to MADFINGER 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 including your account name, details of the data discrepancy, time and date. MADFINGER may exercise any or all of its rights under this agreement, with or without prior notice to you.
- MADFINGER knows that information about our customers is an important part of our business. MADFINGER would never sell Your personally identifiable information to anyone, nor would it ever use spyware or install spyware on users' machines.
- Personal information that You give to MADFINGER directly and information that MADFINGER collects as specified in the second point of this section will be used for purposes such as improving our products and services, troubleshooting bugs and otherwise to improve your user experience.
- Further information about MADFINGER data collection and privacy policies for the user account can be found on our website.
5. Code of Conduct
- Through the action of downloading and installing the products of MADFINGER you acknowledge and agree that you will not:
- create a false identity for purposes of misleading others,
- violate the rights of others, defame, abuse, harass, threaten, spam or otherwise interfere with others' use of the Game,
- publish, transfer or distribute any inappropriate, indecent, obscene, foul or unlawful conduct,
- transfer, stream or otherwise make available material that contains viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or any other similar material that may damage the device.
- use 3rd party apps, such as GameGuardian, to modify games.
- use emulators or alternative Android systems such as LineageOS.
- exploit bugs to your personal gain or to diminish the experience of other players. Any ingame items or currency obtained by exploiting bugs will be removed from your account without compensation.
- You are responsible for your account and your behavior in the game. Any form of cheating will result in a permanent account ban. Action may be taken also retroactively, if applicable. Using a modified version of the game, using third-party programs to change any aspect of the game, exploiting bugs, or engaging in any activity that grants an unfair advantage is considered cheating.
- Exploiting other players is an equally serious offense. Scamming, griefing and anything else that may degrade the gaming experience for other players will be punished accordingly at MADFINGER’s discretion. This may include, but is not limited to, using your own or another player’s account to boost your score or statistics, circumventing game mechanics to gain a favorable score or other advantages to your account, and any other way that is harmful to the game.
- It is our common goal to create the best gaming environment where players will feel safe.
- When you communicate with other players, regardless of the channel (in-game chat, Discord, Facebook and others), you are responsible for your behavior. You may not use offensive or vulgar language (or what might be considered offensive or vulgar by other players) when taking part in communication with other members of the community or with MADFINGER’s employees. You may not abuse any channels by any form of spamming.
- Hate speech or any kind of discriminatory language has no place in our community. The same goes for harassing or threatening other players. Any similar action will lead to punishment in the form of temporary or permanent account ban, or removal from channels that we provide for our community.
- Names of characters, guilds, or accounts are also governed by the same rules as above and must be appropriate and inoffensive. Names reported or found to be inappropriate will be changed without prior notice. Repeated offense against this rule will lead to a temporary or permanent account ban as per MADFINGER’s discretion.
- We encourage all players to report any behavior that they deem inappropriate or disrespectful. However, false reporting is also unacceptable and can lead to punishment.
6. Limitation of Liability
- The Games are provided on an “as is“ basis without any additional warranty, this means that MADFINGER does not warrant that the Games are free of errors.
- MADFINGER is responsible for the loss or damage You suffer where that loss or damage is a foreseeable result of MADFINGER breach of this EULA, up to an amount of 50 USD.
- MADFINGER 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 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.
- Otherwise, the liability of MADFINGER for damage claims – for whatever legal reason – is limited in accordance with the mentioned conditions, unless otherwise provided by an explicit guarantee of MADFINGER for damages caused by slight negligence, MADFINGER 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 is responsible for simple negligence hereafter, the liability of MADFINGER is limited to the typically foreseeable losses.
- The above liability restrictions shall also apply to agents of MADFINGER
- You agree that provisions in this License that limit liability are essential terms of this License.
- Licensee agrees to indemnify, defend and hold harmless MADFINGER 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
- your breach of any term of this EULA;
- your violation of any rights of any third party; or
- your use or misuse of the Game.
- Your indemnification obligations set forth in the immediately preceding sentence shall survive the termination of this EULA.
8. Third Party Content and Game
- 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 expressly disclaims any and all warranties in connection with the Third-Party Content, and shall have no liability in connection therewith.
- Your use of the Game may allow you to connect with third party applications or websites ("Third Party Applications"). Your use of 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 expressly disclaims all warranties in connection with the Third Party Applications, and shall have no liability in connection therewith.
- MADFINGER is not liable for costs arising out of services demanded by the Licensee that are not provided by MADFINGER. This shall in particular apply to costs of data transfer from or to the Licensee’s device to a third party.
9. License Limitations
- MADFINGER 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 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:
- All virtual content appearing within the service or Games, such as:
- Visual Components: Locations, artwork, structural or landscape designs, animations, and audio-visual effects;
- Narrations: Themes, concepts, stories, and storylines;
- Characters: The names, likenesses, inventories, and catch phrases of Game characters;
- Items: Virtual goods, currency, potions, wearable items, pets, mounts, etc.;
- All data and communications generated by or occurring through the service or the Games;
- All sounds, musical compositions, recordings, and sound effects originating in the service or Games;
- All recordings, Game replays, reenactments of in-Game matches, battles, duels, etc.;
- Computer code, including but not limited to “Applets” and source code;
- Titles, methods of operation, software, related documentation, and all other original works of authorship contained in the service or Games;
- All Accounts. Note that MADFINGER owns all Accounts, and that all use of an Account shall work to MADFINGER´s benefit. MADFINGER 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;
- 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
- 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 forth in this Agreement or otherwise by MADFINGER in certain contest rules, Madfinger Fan Policies, or addendum to this Agreement.
- You agree that you will not, in whole or in part or under any circumstances, do the following:
- 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;
- 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 an advantage over other players who are not using such methods;
- 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;
- 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.
10. Governing Law/Place of Performance and Jurisdiction/Dispute Resolution
- Exclusively Czech law applies, without giving effect to its conflict of law provisions, 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, result in depriving the Consumer protection granted by law.
- All present and future claims from this Agreement shall be finally resolved by the eligible court in Brno regardless if the Licensee has residence inside, outside Czech Republic or not known. Mandatory regulations of the Council Regulation (EC) on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters are unaffected hereby.
- The Licensee can only offset claims of MADFINGER 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 is prohibited.
- All rights not explicitly granted in this agreement are reserved.
- The failure or delay of MADFINGER 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.
- This agreement constitutes the complete and exclusive agreement between MADFINGER 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.
- Notwithstanding any provisions in this Agreement to the contrary, we agree that if MADFINGER 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. Changes to the Agreement
- MADFINGER may modify this EULA from time to time, so please review it regularly. If you accept a version of this license before modification, revisions will become effective 30 days after publication. 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.
13. Health and Safety
- 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.
- Usage of the Game on any platform not supported officially by MADFINGER is prohibited. By using the 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 accepts no responsibility or liability for any failure of your system to meet technical requirements of the Game.