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END USER LICENSE AGREEMENT
Last updated: November 05, 2018
PLEASE READ THIS EULA AGREEMENT CAREFULLY
Terminal Conflict, including all software, the accompanying manual(s), and other written files, electronic or on-line materials or documentation, and any and all copies of such software and materials relating to the software (all jointly, the “Game”) is licensed and not sold. This End User License Agreement (“Agreement”) is a legal agreement between you (“you” or “your”) and Strategy Mill AB or its subsidiaries, affiliates and suppliers (collectively “Strategy Mill”). All rights not expressly granted herein are reserved by Strategy Mill.
1. ACCEPTANCE
YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BY OPENING, DOWNLOADING OR BY INSTALLING, USING OR COPYING THE GAME AND ANY OTHER MATERIALS INCLUDED WITH THE GAME. YOU AGREE THAT YOUR USE OF THE GAME ACKNOWLEDGES THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS AND THAT YOU REPRESENT AND WARRANT THAT YOU ARE AN ADULT AND ARE EITHER ACCEPTING THIS AGREEMENT ON BEHALF OF YOURSELF OR ON BEHALF OF YOUR CHILD OR WARD, AS THE CASE MAY BE. IF YOU HAVE NOT ATTAINED THE AGE OF MAJORITY, YOU MUST OBTAIN THE NECESSARY PERMISSION IN THE FORM REQUIRED BY LAW FROM YOUR PARENTS OR OTHER LEGAL REPRESENTATIVES. YOU MUST AGREE TO ALL OF THE TERMS OF THIS AGREEMENT BEFORE YOU WILL BE ALLOWED TO DOWNLOAD THE GAME. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST NOT INSTALL, USE, OR COPY THE GAME, INSTEAD CONTACT YOUR RETAILER REGARDING ITS RETURN POLICY.
2. GRANT OF LICENSE
THIS GAME IS LICENSED TO YOU, NOT SOLD. Ownership to the Game and all intellectual property rights in and to it remains at all times the property of Strategy Mill and, as applicable, its licensors. Subject to this Agreement and its terms and conditions, Strategy Mill hereby grants you a nonexclusive, non-transferable, limited, and revocable license to use one copy of the Game for your personal, strictly non-commercial use for gameplay on a Game Platform (e.g., computer, mobile device, or gaming console) under your legitimate control and may only run the Game on one Game Platform at a time. Your license rights are subject to your full and uninterrupted compliance with this Agreement. The term of the license under this agreement commences on the date that you install or otherwise use the Game and ends upon the earlier date of (i) your disposal of the Game; or (ii) termination by Strategy Mill.
You hereby acknowledge that no title or ownership in the Game is being transferred or assigned, and this Agreement does not represent a sale of any individual rights in the Game to you. Strategy Mill retains all right, title, and interest to the Game, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, audiovisual effects, themes, characters, character names, stories, dialog, settings, artwork, sound effects, musical works, and moral rights (“Assets”).
The Game may not be copied, reproduced, or distributed in any manner or medium, in whole or in part, without prior written consent from Strategy Mill. The Game contains certain licensed materials, for which other licensors may also assert their rights against you in the event of any violation of this Agreement. All rights not expressly granted under this Agreement are reserved by Strategy Mill and, as applicable, its licensors.
3. LICENSE LIMITATIONS
Strategy Mill may suspend or revoke your license to use the Game if you violate, or assist others in violating, the license limitations set forth below. You agree that you will not, in whole or in part or under any circumstances, do the following:
i) Derivative Works: Copy or reproduce (except as provided in Section 2), translate, reverse engineer, derive source code from, modify, disassemble, decompile, or create derivative works based on or related to the Game.
ii) Cheating: Create, use, offer, promote, advertise, make available and/or distribute the following or assist therein:
1. cheats; i.e. methods not expressly authorized by Strategy Mill, influencing and/or facilitating the gameplay, including exploits of any in-game bugs, and thereby granting you and/or any other user an advantage over other players not using such methods;
2. bots; i.e. any code and/or software, not expressly authorized by Strategy Mill, that allows the automated control of a Game, or any other feature of the Game, e.g. the automated control of a character in a Game;
3. hacks; i.e. accessing or modifying the software of the Game in any manner not expressly authorized by Strategy Mill; and/or
4. any code and/or software, not expressly authorized by Strategy Mill, that can be used in connection with the Game and/or any component or feature thereof which changes and/or facilitates the gameplay or other functionality;
iii) Prohibited Commercial Uses: Exploit, in its entirety or individual components, the Game for any purpose not expressly authorized by Strategy Mill, including, without limitation:
1. playing the Game(s) at commercial establishments (subject to Section 2);
2. performing in-game services including, without limitation, account rank-boosting, in exchange for payment.
iv) “esports”: Use the Game for any esports or group competition sponsored, promoted or facilitated by any commercial or non-profit entity without obtaining additional authorization from Strategy Mill or obtaining Strategy Mill’s prior written consent. For more information on obtaining appropriate authorization, please visit Strategy Mill’s website.
v) Matchmaking: Host, provide or develop matchmaking services for the Game, or intercept, emulate or redirect the communication protocols used by Strategy Mill in any way, for any purpose.
vi) Disruption / Harassment: Engage in any conduct intended to disrupt or diminish the game experience for other players, or disrupt operation of Strategy Mill’s Game in any way.
vii) Violation of Laws: use the Game to violate any applicable law or regulation.
4. USER-GENERATED CONTENT
Some of Strategy Mill’s Games allows you to create and make available to other users your own created content (collectively, the “User Content”). You hereby grant Strategy Mill an exclusive, perpetual, irrevocable, fully transferable, and sub-licensable worldwide right and license to use your contributions in any way and for any purpose in connection with the Game and related goods and services, including, but not limited to, the rights to reproduce, copy, adapt, modify, perform, display, publish, broadcast, transmit, and otherwise communicate to the public by any means available, and distribute your contributions without any further notice or compensation to you of any kind, unless expressly agreed between you and Strategy Mill, and Strategy Mill may freely use any such submission in any manner it deems appropriate. Any such submission by you shall not create any contractual relationship between you and Strategy Mill. Except to the extent that any such waiver is prohibited by law, you hereby waive and agree never to assert any rights or claims with respect to Strategy Mill's and other players' use and enjoyment of such assets in connection with the Game and related goods and services. This license grant to Strategy Mill, and terms above regarding any applicable moral rights, survive any termination of this Agreement and shall inure to the benefit of Strategy Mill. You represent and warrant that the User Content, and your grant of rights in such User Content, does not violate any applicable contract, law or regulation, and that the User Content is your original work and does not infringe any third party´s intellectual property rights or any other rights. You further represent and warrant that you will not use or contribute User Content that is unlawful, tortious, defamatory, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist or otherwise objectionable or inappropriate. Strategy Mill is under no obligation to use, distribute or continue to distribute User Content, and you understand that Strategy Mill may restrict, or remove, any User Content and related content at its sole discretion. Strategy Mill specifically disclaims any liability with regard to User Content.
5. MODS
Some of Strategy Mill’s Games allow you to create custom games, levels, maps, scenarios or other content (“Mods”). For purposes of this Agreement and any agreements referenced herein, “Mods” includes all content created for the Game(s) by you, including but not limited to all digital files associated with such Mods, as well as (1) all content contained within such files, including but not limited to player and non-player characters, audio and video elements, environments, objects, items, skins, and textures, (2) all titles, trademarks, trade names, character names, or other names and phrases associated with or included within the Mods, and (3) any other intellectual property rights contained within the Mod, including any and all content, game concepts, methods or ideas, independent of channel of distribution (whether through Steam Workshop, file sharing websites or both).
Mods for the Game(s) cannot be sold or otherwise commercially-exploited by users. Such uses are not approved or endorsed by Strategy Mill, and should not be described as such without Strategy Mill’s express authorization. By making any Mod content available, you are providing your irrevocable permission for Strategy Mill and authorized users to license, use, copy, modify and adapt that content. Any content you make available for the Game(s) must be your original creation and, by making it available, you represent and warrant that it does not infringe the rights of anyone else. Any tools provided by Strategy Mill or third parties are provided is “AS IS,” without warranties of any kind, and you accept that your use is of your own free will, exclusive expense and liability.
6. INFORMATION COLLECTION AND USAGE
THE GAME MAY COMMUNICATE INFORMATION BACK TO STRATEGY MILL, INCLUDING WITHOUT LIMITATION YOUR STEAMID, GAMEPLAY BEHAVIOR, GAME PLATFORM TYPE AND THE TIME AND DATE; AND/OR STRATEGY MILL MAY EXERCISE ANY OR ALL OF ITS RIGHTS UNDER THIS AGREEMENT, WITH OR WITHOUT PRIOR NOTICE TO THE USER. Additionally, certain Games include a tool that will allow your computer system to forward information to Strategy Mill in the event that the Game crashes, including system and driver data, and by agreeing hereto you consent to Strategy Mill receiving and/or using this data. Strategy Mill may use any collected information to improve its products, administer the Game, analyze trends, or to provide services to you.
7. LIMITED WARRANTY
THE GAME(S), AND RELATED SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE,” BASIS FOR USE, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED OR ERROR-FREE USE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. The entire risk arising out of use or performance of the Game(s) and related software remains with the user. Strategy Mill warrants that the Game will provide the features and functions generally described in the product specification on www.strategy-mill.com at the time of your purchase and in the product documentation.
8. LIMITATIONS OF LIABILITY
Strategy Mill, subsidiaries, licensors and affiliates shall not be liable for any loss or damage arising out of your use of, or inability to access or use, the Game. Strategy Mill’s liability shall never exceed the total fees paid by you to Strategy Mill during the six (6) months prior to your making a claim against Strategy Mill. Because some jurisdictions do not allow the exclusion or limitation of consequential or incidental damages, Strategy Mill’s liability shall be limited to the fullest extent permitted by law.
9. INDEMNITY
You hereby agree to defend and indemnify Strategy Mill, subsidiaries, licensors and affiliates against and from any third party claims, liabilities, losses, injuries, damages, costs or expenses incurred by Strategy Mill arising out of or from your use of the Game(s), or any specific services or features associated therewith, including but not limited to User Content, Mods, Game Editors, and this Agreement.
10. GOVERNING LAW
You agree that this Agreement shall be exclusively governed by, and construed in accordance with, the laws of Sweden and any dispute arising under this Agreement shall be resolved in accordance with the laws of Sweden. The application of the United Nations Convention on Contracts for the International Sale of Goods to this Agreement is expressly excluded.
11. DISPUTE RESOLUTION
Any claim or dispute notice regarding the terms of this Agreement or the Game (“Dispute”) must be sent by contacting Strategy Mill at http://strategy-mill.com/contact.html . In an effort to accelerate resolution and reduce the cost of any Dispute related to, or arising out of, this Agreement, you and Strategy Mill agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before either party initiates any arbitration or court proceeding. Should the Dispute not be resolved by informal negotiations, you agree, to the extent permitted by applicable law, to the exclusive personal and subject matter jurisdiction of the courts located in Stockholm, Sweden, for making and resolving any such claims, and hereby waive any right to participate in any type of law suit brought and/or maintained as a class action or similar in nature to a class action.
12. UPDATE OF THESE TERMS
We may amend this Agreement from time to time by posting a prominent notice on our web site. Your continued use of the Game after changes are posted means you agree to be legally bound by the Agreement as updated and amended.
13. SEVERABILITY
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
14. CONTACT US
If you have a question concerning this Agreement, please contact us at support@strategy-mill.com.