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his End User License Agreement, as amended from time to time (hereinafter referred to as “Terms” or “EULA”), set forth the terms and govern your use of the games and software (hereinafter referred to as “Games” and “Software”) offered by Koch Media GmbH, Gewerbegebiet 1, A-6604 Hoefen, Austria (hereinafter referred to as “Koch Media”). Koch Media may, at any time in its sole discretion, update this EULA Agreement. Please find further information in this regard under Section 17 of this agreement.
Please read this EULA carefully, as this EULA is a legal document stating your rights and obligations in connection with the use of our Game/Software, including any services you access through the Game/Software and any purchases you make through the Game/Software. By downloading or using the Game/Software, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, do not download or use our Game/Software.
The Game and any files enabling you to play or perform updates either online or offline including packaging, manuals, etc. (hereinafter called “Materials”) and all works derived from the Game and these Materials (as a whole: the “Game”) are both protected by law, including, without limitation, copyright and trademark law. Use of the Game shall be subject to the terms of this EULA. The Game shall be distributed and rented exclusively by authorized traders and shall be used solely for private purposes. Any use, reproduction or redistribution of the Game not expressly authorized hereunder shall be expressly prohibited.
Please also read our Privacy Policy carefully that you can find at https://www.kochmedia.com/en/privacy-policy/. By downloading or using the Game, you also confirm that you have read Koch Media's Privacy Policy (please see also Section 16of this agreement).
[format:title]1. ACCEPTANCE OF TERMS[/format]
Before downloading, installing, accessing and/or using the Game please go through the following Terms precisely. The EULA is an electronic agreement that sets out the legally binding terms of your use of the Game. When you use the Game you acknowledge and agree that you (i) are at least 14 years old (or such other minimum age as is applicable for such an agreement in your country of residence), (ii) have the full legal right, authority and capacity to enter into this Agreement and (iii) have read, understand and agree to be bound by the terms of this Agreement. If you do not agree to these Terms, please do not use the Game and/or Services.
THESE TERMS ARE ONLY APPLICABLE FOR THE USE OF THE GAME. FOR OTHER SERVICES; PRODUCTS OR GAMES THAT ARE OFFERED BY KOCH MEDIA OR BY THIRD PARTIES, OTHER SPECIFIC END USER LICENSE AGREEMENTS MAY APPLY ADDITIONALLY.
In addition, our Privacy Policy provides you with understandable information about our use of the personal information we may collect from you during your use of our Games or other Services. Please read all of these documents carefully before accessing our Games.
[format:title]2. RIGHT OF USE[/format]
By purchasing this Game and subject to the User Requirements below, Koch Media grants to you a non-exclusive, non-sublicensable, non-transferable, non-assignable, terminable and revocable personal right to install and use the Game on one computer / console. Any other use without Koch Media’s prior consent is prohibited. Using the Game is solely intended for your personal, non-commercial use in accordance with these Terms. The creation of backup copies is only allowed within the scope of legal regulations.
With regard to Games purchased from retailers on original media (e.g., on CD-ROM, DVD, Blu ray etc.) you may permanently transfer all of your rights and obligations related to the use of a Game under this Agreement to another person who agrees to the terms of this Agreement by physically transferring the original media, original packaging, and all manuals or other documentation distributed with the Game provided that you permanently delete all copies and installations of the Game in your possession or control. You agree to be solely responsible for any taxes, fees, charges, duties, withholdings, assessments, and similar charges, together with any interest, penalties, and additions imposed in connection with such transfer. Other than as set forth above, Koch Media does not recognize any purported transfer of the Games.
Except as expressly authorized in these Terms, any use of any portion of the Game without our prior written permission is strictly prohibited and constitutes an immediate termination of the license granted herein. Any such unauthorized use may also violate applicable laws, including civil laws (particularly, copyright and trademark laws) and criminal laws, applicable communications regulations and statutes, and similar regulations. Except as expressly stated herein, nothing in this EULA shall be construed as conferring any license or intellectual property rights, whether by estoppel, implication or otherwise.
Unauthorized duplication of the Game is a criminal offence and can be punished with a prison term or with a fine, depending on the legislation the user is subject to. Any person who duplicates, distributes or publicly reproduces the Game without permission in any way, or assists another person in doing so, is liable to prosecution. Copied media duplicated without permission may be confiscated by the prosecutor’s office and destroyed.
In the event of violation of these Terms, in order to protect our intellectual property, Koch Media expressly reserves the right to take all legal measures that it is legally entitled to for the protection of its intellectual property.
This license is subject to these Terms and is conditioned upon your agreement with its contents, including, without limitation, the User Requirements below.
[format:title]3. PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS[/format]
All proprietary and intellectual property rights in relation to the Game/ Software are the property of Koch Media or its licensors. The product is protected by national and international laws, copyright treaties and agreements and other laws. Any reproduction or reproduction of these Materials without the prior approval of Koch Media is prohibited. Except as expressly provided in this agreement, all rights are expressly reserved by Koch Media.
[format:title]4. USER GENERATED CONTENT[/format]
We may offer the ability to users to create, modify, design, upload, embellish, or otherwise alter objects or other elements (“User Generated Content” or “UGC”).
By submitting UGC, you grant to Koch Media, its affiliates and partners, and their successors in business and assignees, employees, licensees, agents, representatives a perpetual, irrevocable, worldwide, assignable and sublicensable non-exclusive royalty free license to reproduce, distribute, perform, modify, edit, display, adapt, create derivative works from, and market and promote UGC, for any commercial or noncommercial purposes, and in any medium now existing or hereinafter developed without your prior approval or the payment of any compensation and without notice. To the extent permitted by applicable laws, you hereby waive any moral rights and rental rights you may have in the UGC you submit. You also grant each user of the game a non-exclusive license to access your UGC as permitted through the functionality of the game and under these Terms. This license grant, and the above waiver of any applicable moral rights, survives any termination of this License.
Although our game and its content can be used to provide you with access to UGC, neither these Terms nor your use of any UGC override the UGC owners’ requirements and restrictions.
By making UGC available through our game, you represent that you have the right to create and/or provide an/or post and that such content, or its use by us as contemplated in these Terms, does not violate these Terms, applicable law or third party rights (including, without limitation, intellectual rights and personal rights), are neither defamatory, libelous, false, obscene or offensive. You agree and acknowledge that we cannot control each UGC, nor can we verify the accuracy, correctness or authenticity of the UGC provided. We do not assume any responsibility for any UGC or responsibility for any loss of or damage to any to any UGC made available by you or any third party in connection with the game. We do not actively monitor, nor are we in any way responsible for, the content of any UGC.
THE CONTENT OF THE CONTRIBUTIONS DOES NOT REFLECT THE VIEWS OF KOCH MEDIA OR ITS AFFILIATES OR SUBSIDIARIES, ANYONE ASSOCIATED WITH KOCH MEDIA, ITS LICENSORS OR LICENSEES, THE SERVICES OR ANY WEBSITE. KOCH MEDIA RESERVES THE RIGHT TO REVIEW AND REMOVE ANY UGC AT ANY TIME, WITHOUT NOTICE, FOR ANY REASON AND IN ITS SOLE DISCRETION. KOCH MEDIA SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO UGC.
Some UGC may have elements of content that some may regard as excessively violent, vulgar, distasteful, explicit, sexually provocative, lewd, crude, hateful, taunting, harassing, threatening, and otherwise of questionable taste. If you object to or are sensitive to such content, and do not want to be exposed to it, please do not proceed.
If you encounter something you find objectionable and in violation of these Terms, you can report it to customer service.
IN ALL CASES, YOU ARE SOLELY RESPONSIBLE FOR CREATING AND/OR MAKING USE OF UGC.
[format:title]5. USER REQUIREMENTS[/format]
Koch Media may suspend or revoke your license to use the Game, or parts, components and/or single features thereof, or other products (real and/or virtual) and/or services and/or websites connected to the Game (collectively, “Services”) if you violate, or assist others in violating, the points set forth below. You agree that you will not, in whole or in part or under any circumstances, do the following:
- Copy or reproduce, translate, reverse engineer, derive source code from, modify, disassemble, decompile display or distribute any part of the Game or other Services in any medium, or create derivative works based on or related to the Game and its contents.
- Alter or modify or attempt to alter or modify any part of the Game or other Services.
- Use the Game or other Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
- Use any unauthorized process or software that intercepts, collects, reads, or “mines” information generated or stored by the Game or other Services.
- Publish, post, upload, transmit, distribute or disseminate content that is beyond the acceptable level of content Koch Media has set for its Games and Services such as content that is illegal, harmful, abusive, threatening, harassing, vulgar, distasteful, sexually explicit, political, libelous, defamatory, obscene, embarrassing, unwanted, rude, hateful or racially, ethnically, sexually, or, in a reasonable person’s view, otherwise offensive or objectionable, or encourage others to do so.
- Use, upload, transmit, distribute or otherwise make available any material or information, which contain any materials that could infringe any copyright, trademark, patent, trade secret, publicity or privacy right or any other proprietary right or disclose any trade secret of or violate any confidential obligation of any person or entity, unless you have first received permission from the owner of those rights to use the materials in this manner.
- Use the Game or other Services in any manner that could damage, disable, overburden, or impair any Koch Media server, or the network(s) connected to any Koch Media server, or interfere with any other party’s use and enjoyment of the Game.
- Take any action to interfere with, interrupt, destroy or limit the functionality of the Game or other Services, or any computer software or hardware or telecommunications equipment.
- Upload files that contain viruses, trojan horses, worms, time bombs, cancel bots, corrupted files or data, or any other similar software or programs that may damage the operation of the Game or other Services or other users’ computers.
- Restrict or inhibit the use of the Game or other Services by other users in any way (for example, by running programs directed against the website, reverse engineering APIs, harassment, targeted computer attacks, unauthorized modification of the website, etc.).
- Attempt to gain unauthorized access to the Game or other Services, computer systems or networks connected to any Koch Media server or to any game and/or third party site, through hacking, cracking, distribution of counterfeit software, password mining or any other means.
- Use our the Game or other Services for fraudulent transactions or other criminal means.
- Use, develop or distribute “auto” software programs, “macro” software programs, prohibited robots, spiders or other “cheat utility” software program or applications.
- Use any automated devices, such as spiders, robots or data mining techniques to catalog, download, store or otherwise reproduce, store or distribute content available on the Service or to manipulate the Game or other Services and/or a third party site in any manner not consistent with its or their intended purpose(s).
- Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Game or other Services.
- Advertise or offer to sell or buy any goods or services for any purpose.
- Falsify, delete or disable any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Impersonate or create a false identity (such as a celebrity or Koch Media representative) for the purpose of misleading others.
- Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users or other user or usage information or any portion thereof.
- Improperly use support or complaint buttons or make false reports to Koch Media administrators.
- Use a bulletin board or other communications service in any manner other than for personal communication as an individual user (i.e. not as a corporation or other entity).
- Exploit, distribute or publicly communicate any error, miscue or bug which gives an unintended advantage.
- Sell, buy, or transfer access to your account.
- Maintain more than one account.
- Use the Game or other Services to violate any applicable law or regulation.
- Encourage or assist anyone else to commit any of the foregoing violations.
Please note that Koch Media has adopted and operates a zero tolerance policy. If any such aforementioned behavior is detected, your access to our Games or Services may be terminated with or without additional notice to you.
If you consider that any content made available on any Service by users does not comply with these Terms, you may report this to Koch Media by sending an e-mail to office@kochmedia.at or a letter to the following address to Koch Media GmbH, Gewerbegebiet 1, A-6604 Hoefen, Austria. All decisions in such cases will be made solely and at the sole discretion of Koch Media and the respective right holders.
[format:title]6. BETA TESTS[/format]
In its sole discretion, Koch Media may contact you to propose that you review and evaluate one or more games, aspects of games, online features or any services prior to commercial release for the purpose of identifying program errors and bugs and/or improve their functioning (“Beta Test”).
If you agree to a Beta Test, you must sign and return to Koch Media a Beta Test Confidentiality Terms (“Confidentiality Terms”) for each specific Beta Test BEFORE any software or feature will be provided or made accessible to you.
In connection with the Beta Test, Koch Media may provide you, on a temporary basis, a pre-release copy of a game or access to a feature on the Koch Media site. You understand and agree that the pre-release copy and all other materials provided to you are confidential or proprietary information of Koch Media. “Confidential Information” shall mean any information designated as confidential, any information relating to Koch Media’ products, plans, product designs, product costs, product prices, product names, personnel, research, development, know-how and/or source codes, including without limitation its underlying logic and concepts. You shall use Confidential Information solely to the limited extent necessary for the Beta Test. You shall prevent and not allow any Confidential Information to be disclosed, used, sold, assigned, leased, sub-licensed, commercially exploited or marketed in any way or manner. At the earlier of (a) the end of the Beta Test (b) the date that Koch Media request you to return or destroy the Confidential Information you shall immediately discontinue the use of the Confidential Information and return the Confidential Information and all copies thereof in all material forms to Koch Media. Notwithstanding the completion of the Beta Test, Confidential Information shall remain confidential in perpetuity. You agree as a condition of participating in a Beta Test to (i) not copy or reproduce the pre-release copy and confidential or proprietary information, (ii) safeguard the pre-release copy and confidential and proprietary information and prevent unauthorized access to, reproduction of, disclosure of and/or unauthorized use of, the pre-release copy and confidential and proprietary information, and (iii) fully comply with the terms and conditions of the Confidentiality Terms.
You must perform the Beta Test personally and must not provide access to pre-release materials to any other person. You will be asked to inform Koch Media of your reactions and suggestions following your experience of the games, game elements, content, features and/or services in the Beta Test. All comments, feedback, suggestions, ideas, criticisms and other data passed on, disclosed or offered to Koch Media in the course of the Beta Tests, or more generally in the course of use of the services, will be the exclusive property of Koch Media. You therefore agree not to make your feedback accessible by any means or process to any outside party other than Koch Media. You acknowledge that, unless prohibited from doing so under the applicable legislation, Koch Media may use, sell, promote and exploit the feedback in any way, without restriction and without compensation to you.
You agree that breach of the above obligations will cause irreparable harm to Koch Media, and Koch Media is entitled to (in addition to any other remedies available to it) ex parte injunctive relief without bond to prevent the breach or threatened breach of your obligations. Your obligation to keep the games and features provided or given access to for the Beta Test confidential until Koch Media publicly distributes, or has otherwise disclosed to the public through no fault of yours, each of the games and the features that you are testing.
Upon request, you agree to immediately return to Koch Media all copies of the pre-release copy and confidential or proprietary information Koch Media provided to you. You are invited to test pre-released services for the sole purpose of evaluating the service and identifying errors. Nothing in these guidelines, or on this site, shall be construed as granting you any rights or privileges of any kind with respect to the beta service or content that you find here. The beta service are provided for testing on an “as is” and “as available” basis and we make no warranty to you of any kind, express or implied. When testing some beta services, you may accumulate treasure, experience points, equipment, or other value or status indicators. This data may be reset at any time during the testing process, and it may be reset when the particular service completes a testing phase. In this case, all player history and data will be erased and each player will return to novice status. You explicitly agree that: (i) playing using beta versions is at your own risk and you know that the games may include known or unknown bugs, (ii) any value or status indicators that you achieve may be erased at any time, (iii) Koch Media has no obligation to make these services available without charge for any period of time, nor to make them available at all, (iv) these services may be available only by subscription once the Beta Test process is complete or at any time in the future; (v) these Terms apply to your use of the services during the testing phase, and (vi) if it is a closed beta test, you will keep all information about the beta games confidential as stated above and not disclose such information to any other person. Beta Test accounts are non-transferable under any circumstances.
</text></entry>
Please read this EULA carefully, as this EULA is a legal document stating your rights and obligations in connection with the use of our Game/Software, including any services you access through the Game/Software and any purchases you make through the Game/Software. By downloading or using the Game/Software, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, do not download or use our Game/Software.
The Game and any files enabling you to play or perform updates either online or offline including packaging, manuals, etc. (hereinafter called “Materials”) and all works derived from the Game and these Materials (as a whole: the “Game”) are both protected by law, including, without limitation, copyright and trademark law. Use of the Game shall be subject to the terms of this EULA. The Game shall be distributed and rented exclusively by authorized traders and shall be used solely for private purposes. Any use, reproduction or redistribution of the Game not expressly authorized hereunder shall be expressly prohibited.
Please also read our Privacy Policy carefully that you can find at https://www.kochmedia.com/en/privacy-policy/. By downloading or using the Game, you also confirm that you have read Koch Media's Privacy Policy (please see also Section 16of this agreement).
[format:title]1. ACCEPTANCE OF TERMS[/format]
Before downloading, installing, accessing and/or using the Game please go through the following Terms precisely. The EULA is an electronic agreement that sets out the legally binding terms of your use of the Game. When you use the Game you acknowledge and agree that you (i) are at least 14 years old (or such other minimum age as is applicable for such an agreement in your country of residence), (ii) have the full legal right, authority and capacity to enter into this Agreement and (iii) have read, understand and agree to be bound by the terms of this Agreement. If you do not agree to these Terms, please do not use the Game and/or Services.
THESE TERMS ARE ONLY APPLICABLE FOR THE USE OF THE GAME. FOR OTHER SERVICES; PRODUCTS OR GAMES THAT ARE OFFERED BY KOCH MEDIA OR BY THIRD PARTIES, OTHER SPECIFIC END USER LICENSE AGREEMENTS MAY APPLY ADDITIONALLY.
In addition, our Privacy Policy provides you with understandable information about our use of the personal information we may collect from you during your use of our Games or other Services. Please read all of these documents carefully before accessing our Games.
[format:title]2. RIGHT OF USE[/format]
By purchasing this Game and subject to the User Requirements below, Koch Media grants to you a non-exclusive, non-sublicensable, non-transferable, non-assignable, terminable and revocable personal right to install and use the Game on one computer / console. Any other use without Koch Media’s prior consent is prohibited. Using the Game is solely intended for your personal, non-commercial use in accordance with these Terms. The creation of backup copies is only allowed within the scope of legal regulations.
With regard to Games purchased from retailers on original media (e.g., on CD-ROM, DVD, Blu ray etc.) you may permanently transfer all of your rights and obligations related to the use of a Game under this Agreement to another person who agrees to the terms of this Agreement by physically transferring the original media, original packaging, and all manuals or other documentation distributed with the Game provided that you permanently delete all copies and installations of the Game in your possession or control. You agree to be solely responsible for any taxes, fees, charges, duties, withholdings, assessments, and similar charges, together with any interest, penalties, and additions imposed in connection with such transfer. Other than as set forth above, Koch Media does not recognize any purported transfer of the Games.
Except as expressly authorized in these Terms, any use of any portion of the Game without our prior written permission is strictly prohibited and constitutes an immediate termination of the license granted herein. Any such unauthorized use may also violate applicable laws, including civil laws (particularly, copyright and trademark laws) and criminal laws, applicable communications regulations and statutes, and similar regulations. Except as expressly stated herein, nothing in this EULA shall be construed as conferring any license or intellectual property rights, whether by estoppel, implication or otherwise.
Unauthorized duplication of the Game is a criminal offence and can be punished with a prison term or with a fine, depending on the legislation the user is subject to. Any person who duplicates, distributes or publicly reproduces the Game without permission in any way, or assists another person in doing so, is liable to prosecution. Copied media duplicated without permission may be confiscated by the prosecutor’s office and destroyed.
In the event of violation of these Terms, in order to protect our intellectual property, Koch Media expressly reserves the right to take all legal measures that it is legally entitled to for the protection of its intellectual property.
This license is subject to these Terms and is conditioned upon your agreement with its contents, including, without limitation, the User Requirements below.
[format:title]3. PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS[/format]
All proprietary and intellectual property rights in relation to the Game/ Software are the property of Koch Media or its licensors. The product is protected by national and international laws, copyright treaties and agreements and other laws. Any reproduction or reproduction of these Materials without the prior approval of Koch Media is prohibited. Except as expressly provided in this agreement, all rights are expressly reserved by Koch Media.
[format:title]4. USER GENERATED CONTENT[/format]
We may offer the ability to users to create, modify, design, upload, embellish, or otherwise alter objects or other elements (“User Generated Content” or “UGC”).
By submitting UGC, you grant to Koch Media, its affiliates and partners, and their successors in business and assignees, employees, licensees, agents, representatives a perpetual, irrevocable, worldwide, assignable and sublicensable non-exclusive royalty free license to reproduce, distribute, perform, modify, edit, display, adapt, create derivative works from, and market and promote UGC, for any commercial or noncommercial purposes, and in any medium now existing or hereinafter developed without your prior approval or the payment of any compensation and without notice. To the extent permitted by applicable laws, you hereby waive any moral rights and rental rights you may have in the UGC you submit. You also grant each user of the game a non-exclusive license to access your UGC as permitted through the functionality of the game and under these Terms. This license grant, and the above waiver of any applicable moral rights, survives any termination of this License.
Although our game and its content can be used to provide you with access to UGC, neither these Terms nor your use of any UGC override the UGC owners’ requirements and restrictions.
By making UGC available through our game, you represent that you have the right to create and/or provide an/or post and that such content, or its use by us as contemplated in these Terms, does not violate these Terms, applicable law or third party rights (including, without limitation, intellectual rights and personal rights), are neither defamatory, libelous, false, obscene or offensive. You agree and acknowledge that we cannot control each UGC, nor can we verify the accuracy, correctness or authenticity of the UGC provided. We do not assume any responsibility for any UGC or responsibility for any loss of or damage to any to any UGC made available by you or any third party in connection with the game. We do not actively monitor, nor are we in any way responsible for, the content of any UGC.
THE CONTENT OF THE CONTRIBUTIONS DOES NOT REFLECT THE VIEWS OF KOCH MEDIA OR ITS AFFILIATES OR SUBSIDIARIES, ANYONE ASSOCIATED WITH KOCH MEDIA, ITS LICENSORS OR LICENSEES, THE SERVICES OR ANY WEBSITE. KOCH MEDIA RESERVES THE RIGHT TO REVIEW AND REMOVE ANY UGC AT ANY TIME, WITHOUT NOTICE, FOR ANY REASON AND IN ITS SOLE DISCRETION. KOCH MEDIA SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO UGC.
Some UGC may have elements of content that some may regard as excessively violent, vulgar, distasteful, explicit, sexually provocative, lewd, crude, hateful, taunting, harassing, threatening, and otherwise of questionable taste. If you object to or are sensitive to such content, and do not want to be exposed to it, please do not proceed.
If you encounter something you find objectionable and in violation of these Terms, you can report it to customer service.
IN ALL CASES, YOU ARE SOLELY RESPONSIBLE FOR CREATING AND/OR MAKING USE OF UGC.
[format:title]5. USER REQUIREMENTS[/format]
Koch Media may suspend or revoke your license to use the Game, or parts, components and/or single features thereof, or other products (real and/or virtual) and/or services and/or websites connected to the Game (collectively, “Services”) if you violate, or assist others in violating, the points set forth below. You agree that you will not, in whole or in part or under any circumstances, do the following:
- Copy or reproduce, translate, reverse engineer, derive source code from, modify, disassemble, decompile display or distribute any part of the Game or other Services in any medium, or create derivative works based on or related to the Game and its contents.
- Alter or modify or attempt to alter or modify any part of the Game or other Services.
- Use the Game or other Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
- Use any unauthorized process or software that intercepts, collects, reads, or “mines” information generated or stored by the Game or other Services.
- Publish, post, upload, transmit, distribute or disseminate content that is beyond the acceptable level of content Koch Media has set for its Games and Services such as content that is illegal, harmful, abusive, threatening, harassing, vulgar, distasteful, sexually explicit, political, libelous, defamatory, obscene, embarrassing, unwanted, rude, hateful or racially, ethnically, sexually, or, in a reasonable person’s view, otherwise offensive or objectionable, or encourage others to do so.
- Use, upload, transmit, distribute or otherwise make available any material or information, which contain any materials that could infringe any copyright, trademark, patent, trade secret, publicity or privacy right or any other proprietary right or disclose any trade secret of or violate any confidential obligation of any person or entity, unless you have first received permission from the owner of those rights to use the materials in this manner.
- Use the Game or other Services in any manner that could damage, disable, overburden, or impair any Koch Media server, or the network(s) connected to any Koch Media server, or interfere with any other party’s use and enjoyment of the Game.
- Take any action to interfere with, interrupt, destroy or limit the functionality of the Game or other Services, or any computer software or hardware or telecommunications equipment.
- Upload files that contain viruses, trojan horses, worms, time bombs, cancel bots, corrupted files or data, or any other similar software or programs that may damage the operation of the Game or other Services or other users’ computers.
- Restrict or inhibit the use of the Game or other Services by other users in any way (for example, by running programs directed against the website, reverse engineering APIs, harassment, targeted computer attacks, unauthorized modification of the website, etc.).
- Attempt to gain unauthorized access to the Game or other Services, computer systems or networks connected to any Koch Media server or to any game and/or third party site, through hacking, cracking, distribution of counterfeit software, password mining or any other means.
- Use our the Game or other Services for fraudulent transactions or other criminal means.
- Use, develop or distribute “auto” software programs, “macro” software programs, prohibited robots, spiders or other “cheat utility” software program or applications.
- Use any automated devices, such as spiders, robots or data mining techniques to catalog, download, store or otherwise reproduce, store or distribute content available on the Service or to manipulate the Game or other Services and/or a third party site in any manner not consistent with its or their intended purpose(s).
- Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Game or other Services.
- Advertise or offer to sell or buy any goods or services for any purpose.
- Falsify, delete or disable any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Impersonate or create a false identity (such as a celebrity or Koch Media representative) for the purpose of misleading others.
- Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users or other user or usage information or any portion thereof.
- Improperly use support or complaint buttons or make false reports to Koch Media administrators.
- Use a bulletin board or other communications service in any manner other than for personal communication as an individual user (i.e. not as a corporation or other entity).
- Exploit, distribute or publicly communicate any error, miscue or bug which gives an unintended advantage.
- Sell, buy, or transfer access to your account.
- Maintain more than one account.
- Use the Game or other Services to violate any applicable law or regulation.
- Encourage or assist anyone else to commit any of the foregoing violations.
Please note that Koch Media has adopted and operates a zero tolerance policy. If any such aforementioned behavior is detected, your access to our Games or Services may be terminated with or without additional notice to you.
If you consider that any content made available on any Service by users does not comply with these Terms, you may report this to Koch Media by sending an e-mail to office@kochmedia.at or a letter to the following address to Koch Media GmbH, Gewerbegebiet 1, A-6604 Hoefen, Austria. All decisions in such cases will be made solely and at the sole discretion of Koch Media and the respective right holders.
[format:title]6. BETA TESTS[/format]
In its sole discretion, Koch Media may contact you to propose that you review and evaluate one or more games, aspects of games, online features or any services prior to commercial release for the purpose of identifying program errors and bugs and/or improve their functioning (“Beta Test”).
If you agree to a Beta Test, you must sign and return to Koch Media a Beta Test Confidentiality Terms (“Confidentiality Terms”) for each specific Beta Test BEFORE any software or feature will be provided or made accessible to you.
In connection with the Beta Test, Koch Media may provide you, on a temporary basis, a pre-release copy of a game or access to a feature on the Koch Media site. You understand and agree that the pre-release copy and all other materials provided to you are confidential or proprietary information of Koch Media. “Confidential Information” shall mean any information designated as confidential, any information relating to Koch Media’ products, plans, product designs, product costs, product prices, product names, personnel, research, development, know-how and/or source codes, including without limitation its underlying logic and concepts. You shall use Confidential Information solely to the limited extent necessary for the Beta Test. You shall prevent and not allow any Confidential Information to be disclosed, used, sold, assigned, leased, sub-licensed, commercially exploited or marketed in any way or manner. At the earlier of (a) the end of the Beta Test (b) the date that Koch Media request you to return or destroy the Confidential Information you shall immediately discontinue the use of the Confidential Information and return the Confidential Information and all copies thereof in all material forms to Koch Media. Notwithstanding the completion of the Beta Test, Confidential Information shall remain confidential in perpetuity. You agree as a condition of participating in a Beta Test to (i) not copy or reproduce the pre-release copy and confidential or proprietary information, (ii) safeguard the pre-release copy and confidential and proprietary information and prevent unauthorized access to, reproduction of, disclosure of and/or unauthorized use of, the pre-release copy and confidential and proprietary information, and (iii) fully comply with the terms and conditions of the Confidentiality Terms.
You must perform the Beta Test personally and must not provide access to pre-release materials to any other person. You will be asked to inform Koch Media of your reactions and suggestions following your experience of the games, game elements, content, features and/or services in the Beta Test. All comments, feedback, suggestions, ideas, criticisms and other data passed on, disclosed or offered to Koch Media in the course of the Beta Tests, or more generally in the course of use of the services, will be the exclusive property of Koch Media. You therefore agree not to make your feedback accessible by any means or process to any outside party other than Koch Media. You acknowledge that, unless prohibited from doing so under the applicable legislation, Koch Media may use, sell, promote and exploit the feedback in any way, without restriction and without compensation to you.
You agree that breach of the above obligations will cause irreparable harm to Koch Media, and Koch Media is entitled to (in addition to any other remedies available to it) ex parte injunctive relief without bond to prevent the breach or threatened breach of your obligations. Your obligation to keep the games and features provided or given access to for the Beta Test confidential until Koch Media publicly distributes, or has otherwise disclosed to the public through no fault of yours, each of the games and the features that you are testing.
Upon request, you agree to immediately return to Koch Media all copies of the pre-release copy and confidential or proprietary information Koch Media provided to you. You are invited to test pre-released services for the sole purpose of evaluating the service and identifying errors. Nothing in these guidelines, or on this site, shall be construed as granting you any rights or privileges of any kind with respect to the beta service or content that you find here. The beta service are provided for testing on an “as is” and “as available” basis and we make no warranty to you of any kind, express or implied. When testing some beta services, you may accumulate treasure, experience points, equipment, or other value or status indicators. This data may be reset at any time during the testing process, and it may be reset when the particular service completes a testing phase. In this case, all player history and data will be erased and each player will return to novice status. You explicitly agree that: (i) playing using beta versions is at your own risk and you know that the games may include known or unknown bugs, (ii) any value or status indicators that you achieve may be erased at any time, (iii) Koch Media has no obligation to make these services available without charge for any period of time, nor to make them available at all, (iv) these services may be available only by subscription once the Beta Test process is complete or at any time in the future; (v) these Terms apply to your use of the services during the testing phase, and (vi) if it is a closed beta test, you will keep all information about the beta games confidential as stated above and not disclose such information to any other person. Beta Test accounts are non-transferable under any circumstances.
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