END USER AGREEMENT
This End User License Agreement (the “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 Infinite8 in order to give you a license to use LandRocker Game as set forth in this Agreement under the conditions in this Agreement, as well as to use the additional (mandatory) services provided by Infinite8. By clicking the “accept” button that follows this EULA and/or using the Game (as defined below), you acknowledge that you have read this EULA, understand its terms and conditions, and agree to be bound by such terms and condition.
- The term “Game” means LandRocker product, supplied by Infinite8 and it also includes any updates or upgrades.
- The term “Consumer” means a Licensee who is a natural person who licensed the Game.
- The term “Free Version” means the Game that is provided by Infinite8 to you for free.
- End – user license agreement – sometimes referred to as “EULA” or “License”.
2- Ownership/Intellectual Property Rights:
- 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 Infinite8.
- 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 Infinite8′ or its licencors’ names or any of their respective trademarks.
- As between you and Infinite8, Infinite8 is the owner of all rights, titles and interests 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.
- You shall not, at any time during or after the effective Term of the EULA, dispute or contest, directly or indirectly, Infinite8′ 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 kind of the Game, or is otherwise derivative of the Game.
- Under the condition that:
- You have legally acquired the rights to the Game,
- paid the applicable price and
- have registered and You hold a valid User Account,
Infinite8 grants You a personal, limited, non-exclusive license to install and use the Game for your personal, noncommercial use solely as set forth in this License and any accompanying documentation. Any commercial use is prohibited. You are expressly prohibited from sub licensing, 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 Infinite8′ termination of 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 such as Steam. 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.
- 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 Infinite8 deems reasonable, beneficial to you and/or reasonably necessary. You acknowledge and agree that any obligation Infinite8 may have to support the previous version(s) may be ended upon the availability of the update, upgrade and/or implementation of additional features.
- Game Currency and Content Infinite8 may offer you the ability to acquire licenses to in-game currency (“Game Currency”) or Content, such as by: (a) purchasing a limited license to use Game Currency for a fee (“Purchased Game Currency”), (b) earning a limited license to use Game Currency by performing or accomplishing specific tasks in the Software, or (c) purchasing for a fee, exchanging Game Currency for, or earning a limited license to use Content. Also, Infinite8 may facilitate the exchange of certain Content through the Software, in some cases for a fee. You may only use such Game Currency or Content if you pay the associated fee (if any). When you earn or pay the fee to obtain such Game Currency or Content, you are obtaining or purchasing from Infinite8 the right to have your License include such Game Currency or Content. Regardless of any references Infinite8 may make outside this Agreement to purchasing or selling Game Currency or Content, both Game Currency and Content are licensed, not sold, to you under the License. Use of an Infinite8 Account Balance to purchase Game Currency or Content is subject to Infinite8’s Terms of Service. Neither Game Currency nor Content are redeemable for money or monetary value from Infinite8 or any other person, except as otherwise required by applicable law. Game Currency and Content do not have an equivalent value in real currency and do not act as a substitute for real currency. Neither Infinite8 nor any other person or entity has any obligation to exchange Game Currency or Content for anything of value, including, but not limited to, real currency. You agree that Infinite8 may engage in actions that may impact the perceived value or purchase price, if applicable, of Game Currency and Content at any time, except as prohibited by applicable law. All purchases of Purchased Game Currency and Content are final and are not refundable, transferable, or exchangeable under any circumstances, except as otherwise required by applicable law. Infinite8, in its sole discretion, may impose limits on the amount of Game Currency or Content that may be purchased, earned, accumulated, redeemed or otherwise used.
Except as otherwise prohibited by applicable law, Infinite8, in its sole discretion, has the absolute right to manage, modify, substitute, replace, suspend, cancel or eliminate Game Currency or Content, including your ability to access or use Game Currency or Content, without notice or liability to you. You may not transfer, sell, gift, exchange, trade, lease, sub license, or rent Game Currency or Content except within the Software and as expressly permitted by Infinite8. Except as otherwise prohibited by applicable law, Infinite8 reserves and retains all rights, title, and interest, property or otherwise, in and to the Game Currency and Content. The license to Game Currency and Content under the License will terminate upon termination of the License and as otherwise provided herein. When you provide payment information to Infinite8 or its authorized processor, you represent that you are an authorized user of the payment card, PIN, key, account or other payment method specified by you, and you authorize Infinite8 to charge such payment method for the full amount of the transaction.
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, Infinite8 may collect and use technical information for improvement of the Game or for support purposes.
- Infinite8 may track and collect information from your use of the Game and aggregate such Data. This Data is anonymous. You may decide whether or not this Data to be aggregated by Infinite8.
- Infinite8 knows that information about our customers is an important part of our business. Infinite8 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 Infinite8 directly and information that Infinite8 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- Conduct Settings
- By installing and using Game you acknowledge and agree that you will not to:
- 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, cancel bots, corrupted fines or any other similar material that may damage the device.
6- Limitation of Liability
- Infinite8 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 Infinite8 or its agents. The same applies to personal injury and damages according to the Hungarian Product Liability Act or comparable laws in other jurisdictions that may apply.
- Otherwise, the liability of Infinite8 for damage claims – for whatever legal reason – is limited in accordance with the following conditions, unless otherwise provided by an explicit guarantee of Infinite8 for damages caused by slight negligence, Infinite8 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 Infinite8 is responsible for simple negligence hereafter, the liability of Infinite8 is limited to the typically foreseeable losses.
- The above liability restrictions shall also apply to agents of Infinite8.
- You agree that provisions in this License that limit liability are essential terms of this License.
- Licensee agrees to indemnify, defend and hold harmless Infinite8 and its affiliates and their respective officers, employees, directors, agents, licensees (excluding you), sub licenses (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.
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. Infinite8 expressly disclaims any 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 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. Infinite8 expressly disclaims and all warranties in connection with the Third Party Applications, and shall have no liability in connection therewith.
- Infinite8 is not liable for costs arising out of services demanded by the Licensee that are not provided by Infinite8. This shall in particular apply to costs of data transfer from or to the Licensee’s device to a third party.
9- Termination of the License:
- The Licensee may terminate this EULA at any time by destroying the Game 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. The Licensee agrees upon such termination to destroy the Game together with all copies in any form.
- Infinite8 may terminate this EULA immediately when Licensee breaches terms and conditions of this EULA . Infinite8 is justified immediately to inhibit the Licensee to use the Game.
10- Governing Law/Place of Performance and Jurisdiction/Dispute Resolution:
- Exclusively Hungarian law applies, with the exception of 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.
- For all present and future claims from this Agreement, the exclusive jurisdiction is Budapest. The same jurisdiction applies if the Licensee has no general jurisdiction inside Hungary, 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.
- The Licensee can only offset claims of Infinite8 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 Infinite8 is prohibited.
- All rights not explicitly granted in this agreement are reserved.
- The failure or delay of Infinite8 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 Infinite8 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.
- Not withstanding any provisions in this Agreement to the contrary, we agree that if Infinite8 makes any future changes to this Agreement you may reject any such change by sending us written notice within 30 days of the change.