- arabic
- brazilian
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- dutch
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- french
- german
- greek
- hungarian
- indonesian
- italian
- japanese
- koreana
- latam
- malay
- norwegian
- polish
- portuguese
- romanian
- russian
- schinese
- spanish
- swedish
- tchinese
- thai
- turkish
- ukrainian
- vietnamese
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KWALEE’S END USER LICENSEKwalee General PC & Console End User Licence Agreement
These terms and conditions and end user license agreement (the “Agreement”) are between you (“you or “You”) and Kwalee Ltd, a company incorporated and registered under the laws of England and Wales with company number 07648078 whose registered office is at Kwalee Ltd, Southam Road, Radford Semele, Leamington Spa, CV31 1FQ (“Kwalee” or “us”) and govern your use of any Kwalee games and related services, including any content or materials provided with or in connection with the games ("Materials") and any In-Game Purchases (as defined below) (collectively, the “Game”).
By downloading, installing, accessing or using the Game or by uploading or downloading any other content or materials provided with or in connection with a Game (together “Materials”), or by making any In Game Purchases (as defined below), or by tapping or clicking “I AGREE” in the Game or in an app or game store, or by otherwise signifying your acceptance of this Agreement, you agree to be bound by this Agreement (the earliest of such dates is the “Effective Date”).
PLEASE READ THIS AGREEMENT(PC & CONSOLE)
Issued By KWALEE LIMITED
Last Updated: 19 August 2024.
Welcome to Kwalee’s end user licence agreement (EULA) hub for all of our PC & Console games.CAREFULLY BEFORE USING THE GAME. THIS AGREEMENT AFFECTS YOUR LEGAL RIGHTS AND OBLIGATIONS. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, UNINSTALL AND DO NOT ACCESS OR USE THE GAME.
THIS AGREEMENT CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. IT AFFECTS HOW DISPUTES ARE RESOLVED. PLEASE READ IT.
You represent, warrant and agree that you are at least 13 years old and that if you are between 13 years and 18 years old, your legal guardian has reviewed this Agreement and agrees to its terms. If this is not true, you must not download, access and/or use the Game.
1. Amendments
The Kwalee General PC & Console End User LicenceWe may amend this Agreement (below) applies to all PC & Console games published by Kwalee unless your game is listed below, in which case its own separate game-specific EULA shall apply instead.
Game-Specific End User Licence Agreements
Please follow the links below for the EULAs applicable to the following games:
For Wildmender please follow link here: http://www.kwalee.com/eula-pcc-wildmender
For Robobeat please follow link here: http://www.kwalee.com/eula-pcc-robobeat
Kwalee General PC & Console End User Licence Agreement
These terms and conditions and end user license agreement (the “Agreement”) are between you (“you or “You”) and Kwalee Ltd, a company incorporated and registered under the laws of England and Wales with company number 07648078 whose registered office isat Kwalee Ltd, Southam Road, Radford Semele, Leamington Spa, CV31 1FQ (“Kwalee” or “us”) and govern your use of any of Kwalee games and any related services (the “Game”). By downloading, installing, accessing or using the Game or by uploading or downloading any other content or materials provided with or in connection with a Game (together “Materials”), or by making any In Game Purchases (as defined below), or by tapping or clicking “I AGREE” in the Game or in an app or game store, or by otherwise signifying your acceptance of this Agreement, you agree to be bound by this Agreement (the earliest of such dates is the “Effective Date”).
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE GAME. THIS AGREEMENT AFFECTS YOUR LEGAL RIGHTS AND OBLIGATIONS. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, UNINSTALL AND DO NOT ACCESS OR USE THE GAME.
THIS AGREEMENT CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. IT AFFECTS HOW DISPUTES ARE RESOLVED. PLEASE READ IT.
You represent, warrant and agree that you are at least 13 years old and that if you are between 13 years and 18 years old, your legal guardian has reviewed this Agreement and agrees to its terms. If this is not true, you must not download, access and/or use the Game.
1. Amendments. We may amend this Agreement at anytime. Any such amendment will operate prospectively only. We will give you notice of any amendments to this Agreement within the Game or by other means such as posting updated terms on our website located at http://www.kwalee.com/eula-pccwww.kwalee.com/eula-pcc/. Your tapping or clicking “I AGREE” in the Game when asked to confirm acceptance of an amendment, or continued access or use of the Game after such notice, is and will be deemed to be your acceptance of the amended Agreement, which will take effect immediately upon such acceptance. If you do not agree to any change to the terms of this Agreement, you must uninstall and discontinue using or accessing the Game.
2. PrivacyandAnd Consent toTo Use Of Data.
We may collect certain technical, hardware, and gameplay analytics data to help us optimize, patch, and improve the Game and other Kwalee products. We do not collect any data that personally identifies you.
Our data practices, including your rights to access, restrict, or request the erasure ofData. your data, are detailed in our Privacy Policy located at https://www.kwalee.com/legal/pp-pcc . By accepting this Agreement, you acknowledge that you have been provided access to, and have reviewed, our Privacy Policy. You understand that your data will be processed in accordance with that policy and applicable data protection laws.
3. License
3.1. Kwaleecollects analytics data including technical information about thegrants to you a limited, non-exclusive, non-transferrable, revocable license to access or use the Game solely on the device (which for the purposes of thethis agreement may be a PC, game console or tablet, as the case may be) for which it was supplied by Kwalee for your personal, non-commercial purposes, subject to the terms of this Agreement (the “End User License”).
3.2. The terms of this Agreement will govern any update or upgrade provided by Kwalee that replaces and/or supplements the original Gameto help us improve the Game and other Kwalee products. The data we collect does not directly or indirectly identify individuals using the game. In the interest(all of openness and transparency regarding data collection practices, our Privacy Policy (located at http://www.kwalee.com/pp-pcc ) explains the basis on which analytics data may be collected, used, processed, and disclosedtogether are included in the definition of the term “Game”), unless such update or upgrade is accompanied by us or on our behalf. By accepting this Agreement, you agreea separate license in which case the terms of that you have had access to, have read and understood the Privacy Policy.
3. License.
(a) Kwalee grants to you a limited, non-exclusive, non-transferrable, revocablelicense to access or use the Game solely on the device (which for the purposes of this agreement may be a PC, game console or tablet, as the case may be) for which it was supplied by Kwalee for your personal, non-commercial purposes, subject to the terms of this Agreement (the “End User License”). The terms of this Agreement will govern any update or upgrade provided by Kwalee that replaces and/or supplements the original Game (all of which together are included in the definition of the term “Game”), unless such update or upgrade is accompanied by a separate license in which case the terms of that license will govern. The terms of this Agreement also govern Materials and any In Game Purchases (as defined below), which are also both included in the definition of the term “Game”. You may use any Materials provided to you as part of the Game solely in connection with your playing the game through the Game in accordance with any rules made available by Kwalee from time to time.
(b) The End User License does not allow you to use the Game on any device that you do not own or control, and except as otherwise provided in this Agreement, you may not distribute or otherwise make the Game available such as, without limitation, over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, transfer, redistribute, make available to third persons, or sublicense the Game and, if you sell a device on which the Game has been installed to a third party, you must uninstall the Game from the device before doing so. You agree not to copy (except as expressly permitted by this Agreement), decompile, disassemble, derive the source code of, or otherwise reverse engineer or attempt to reverse engineer, modify, or create derivative works of the Game, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law).
(c) You agree not to copy, distribute, display, perform including perform in public, transmit, communicate to the public including making available to the public, broadcast publish, modify or create derivative works of the Game, except in connection with playing the Game.
(d) Any rights not expressly granted herein are expressly reserved.
4. Responsibility for your Content. You may use any Materials provided to you as part of the Game solely in connection with your playing the game through the Game in accordance with any rules made available by Kwalee from time to time.
3.3. The End User License does not allow you to use the Game on any device that you do not own or control, and except as otherwise provided in this Agreement, you may not distribute or otherwise make the Game available such as, without limitation, over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, transfer, redistribute, make available to third persons, or sublicense the Game. You agree not to copy (except as expressly permitted by this Agreement), decompile, disassemble, derive the source code of, or otherwise reverse engineer or attempt to reverse engineer, modify, or create derivative works of the Game, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law).
3.4. You agree not to copy, distribute, display, perform including perform in public, transmit, communicate to the public including making available to the public, broadcast publish, modify or create derivative works of the Game, except in connection with playing the Game.
Any rights not expressly granted herein are expressly reserved.
4. Your Content
4.1. User Generated Content and Player Mods.
You retain ownership in your user generated content, for example, any original data, text, assets, or graphics that you independently create and upload to the Game via authorized modding tools (“UGC”) if supported by the Game. By submitting UGC, you grant Kwalee a non-exclusive, worldwide, royalty-free, perpetual, and irrevocable license to host, store, cache, distribute, publicly display, run, and execute that UGC solely in connection with the Game, supported third-party modding platforms, and any third party community platforms. This license therefore allows other players to download and use your UGC within their copy of the Game. You represent and warrant that your UGC does not infringe upon any third-party intellectual property or copyright laws, and must not contain malware, hacks, cheats, exploits, or any defamatory, obscene, offensive or unlawful material. Kwalee reserves the right, in its sole discretion, to revoke its permission to use or create mods, and to remove any mod at any time, for any reason.
4.2. Content Creation and Streaming Policy.
We love creators! We hereby grant you a personal, non-exclusive, revocable, and non-transferable license to create, stream, record, and upload videos or streams featuring gameplay footage, audio, and commentary from the Game (“Fan Content”) to third-party video sharing, live-streaming, and social media platforms (including, but not limited to, Twitch, YouTube, TikTok, and similar services).[DB1.1] You are explicitly permitted to commercially monetize your Fan Content via standard platform partner programs (such as YouTube AdSense, Twitch subscriptions, bits, and viewer donations). However, this streaming permission is subject to the following guardrails:
• No Paywalls: You may not charge users a direct fee or require a paid subscription to view or access your Fan Content.
• No Asset Separation: You may not extract or distribute individual game assets (such as the game's soundtrack, art assets, or voice lines) separate from active gameplay footage.
• No Official Endorsement: You must not state or imply that your Fan Content is officially sponsored, endorsed, or approved by us.
• Revocation: We reserve the right to revoke this content creation and image capture license or issue a takedown notice if your Fan Content or in-Game Captures violates our community guidelines, promotes illegal activity, or infringes upon third-party rights. As outlined in Clause 6, Kwalee retains all Intellectual Property Rights in the underlying Game and its assets.
4.3. In-Game Captures and Game Assets.
Kwalee grants you a personal, non-exclusive, revocable, and non-transferable license to capture, share, and display screenshots, photographs, and static images generated from your gameplay (“In-Game Captures”) on social media, fan sites, and personal portfolios.
Your use of In-Game Captures is subject to the same guardrails established for Fan Content above, including the prohibitions on Paywalls and Official Endorsements. Furthermore, this license is strictly limited to capturing visual output generated during normal gameplay. You are explicitly prohibited from:
• Asset Extraction: You may not datamine, rip, extract, or export underlying game assets (including but not limited to 2D sprites, 3D models, textures, audio files, or UI elements) directly from the Game’s files.
• Commercial Merchandising: You may not use In-Game Captures or extracted game assets to manufacture, print, or sell physical merchandise (such as apparel, posters, or 3D prints) or digital products (such as NFTs or standalone asset packs).
• Third-Party Importation: You may not import extracted game assets into third-party engines, games, or software without our express written consent.
As outlined in Clause 6, Kwalee retains all Intellectual Property Rights in the underlying Game and its assets as depicted in any In-Game Captures. We reserve the right to revoke this license or issue a takedown notice if your use of In-Game Captures or assets violates these terms or infringes upon our intellectual property rights.
4.4. Your Content.
You are solely responsible for yourconductconduct, your UGC and any other content you create using Game assets or related to the Game, including, but not limited to, data, text, files, information, usernames, images, graphics, photos, profiles, memes, audio and video clips, sounds, musical works, sound recordings, works of authorship, applications, links and other content or materials that you submit, upload, share, post, use, provide, transmit, or display on or via the Game (“Your Content”). You must ensure that you (i) own or (ii) or have obtained in advance all necessary rights from the relevant rights owner to use Your Content (including but not limited to any music files)files).
4.5. User-Submitted Files via Support and Feedback Channels.
When you submit files such as images, videos, or documents through our support or feedback forms (including Zendesk), you agree that these files may be used by Kwalee solely for the purpose of addressing your inquiry, feedback, or complaint. Accepted file formats include but are not limited to: .jpg, .jpeg, .png, .gif, .webp, .mp4, .mov, .avi, .mkv, .pdf, .doc, .docx, .txt, .rtf, .xls, and .xlsx. You warrant that you have all necessary rights to submit such content and that it complies with applicable laws and does not infringe on any third-party rights. Kwalee will handle such files in accordance with our Privacy Policy and applicable data protection laws, taking reasonable measures to protect your data. However, please be aware that transmission of files over the internet may not be completely secure.
5. Your Conduct
5.1. You may not submit, upload, share, post, use, provide, transmit, or display violent, nude, discriminatory, illegal, infringing, hateful, pornographic or sexually suggestive photos or other content via or in relation to the Game.
5.2. You are responsible for any activity that occurs through your account (if any) and you agree that you will not sell, transfer, license or assign your account, followers, username, or any other account rights. Further, you may not create through unauthorised means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
5.3. You agree that you are responsible for keeping any passwords or other authentication means safe and secure.
5.4. You agree that you are responsible for all data charges you incur through the access or use of the Game.
5.5. You understand and agree that you use the Game and Materials at your own risk.
5.6. You are solely responsible for your interaction with other users of the Game, whether online or offline. You agree that neither Kwalee nor any third party is responsible or liable for the conduct of any user. Kwalee reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users.
5.7. Kwalee reserves the right to change, suspend, remove or disable access to the Game and Your Content for any reason, including but not limited to complaints or allegations of infringement or other unlawful conduct, without liability to you, and at any time without notice.
5.8. There may be links from the Game, or from communications you receive from Kwalee, to third-party web sites or services. There may also be links to third-party web sites, applications, content or services within the text or images in the Game. The Game may also include third-party materials that we do not control, maintain or endorse. Functionality in the Game may also permit interactions between the Game and a third-party web site or service, including locations that connect the Game or your profile in the Game with a third-party web site or service. For example, the Game may include a feature that enables you to share content from the Game or Your Content with a third party, which may be publicly posted on that third party's web site or service. Using this functionality may require you to login to your account on the third-party web site or service and you do so at your own risk. Kwalee does not control any of these third-party web sites or services or any of their content. You expressly acknowledge and agree that Kwalee is in no way responsible or liable for any such third-party web sites or services and your dealings with third parties are at your own risk and between you and the third parties. You may choose, at your sole and absolute discretion and risk, to use applications that connect the Game or your profile on the Game with a third-party web site or service (each, an "Application") and such Application may interact with, connect to or gather and/or pull information from and to your profile. By using such Applications, you acknowledge and agree to the following: (i) if you use an Application to share information, you are consenting to personal data about your profile on the Application being shared; (ii) your use of an Application may cause personal data to be publicly disclosed and/or associated with you, even if Kwalee has not itself provided such information; and (iii) your use of an Application is at your own option and risk, and you will indemnify and hold Kwalee harmless for activity, and claims for loss or damages related to the Application.
6. Intellectual Property Rights
You do not hereby acquire any Intellectual Property Right inassociationor relating to the Game. As between you and Kwalee, Kwalee owns and retains all rights including Intellectual Property Rights in the Game. You will not remove, alter or conceal any copyright, trademark, service mark or any proprietary rights notices incorporated in or accompanying the Game.
7. Payments And Fees
The Game may include functionality that enables you to receive additional services, artifacts, content, rights, or licenses for use within or in connection with the Game ("In Game Purchases"). In Game Purchases (i) may be used solely by you within the Game, (ii) may not be transferred to another device, (iii) can be downloaded only once; and (iv) after being downloaded, cannot be replaced. All In Game Purchases are deemed to be part of the Game and subject to the terms of this Agreement. You must acquire and pay for the In Game Purchases at the app store, where available.
8. Termination
This Agreement is effective upon the Effective Date until terminated by you or Kwalee, or as otherwise set out in this Agreement. Your End User License will terminate automatically without notice from Kwalee if you fail to comply with or breach any term(s) of this Agreement. Upon termination of the Agreement, you will cease all use of the Game and uninstall all copies, full or partial, of the Game.
5. Your Content.Clauses 2, 4-7 and 9-20 inclusive shall survive in perpetuity.
9. Warranty And Disclaimer
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE GAME IS AT YOUR SOLE RISK AND THAT TO THE FULLEST EXTENT POSSIBLE UNDER LAW THE GAME IS PROVIDED ON AN “AS IS” BASIS. KWALEE DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, COVENANTS AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, STATUTORY, ARISING BY CUSTOM OR USAGE OF TRADE, OR OTHERWISE TO THE FULLEST EXTENT PERMITTED BY LAW INCLUDING ANY WARRANTIES OR CONDITIONS OF FITNESS FOR PURPOSE, MERCHANTABLE QUALITY, SATISFACTORY QUALITY, DURABILITY, TITLE, NON-INFRINGEMENT, AND SALE BY DESCRIPTION. FOR CLARITY, NOTHING IN ANY STORE-SPECIFIC TERMS ENLARGE OR CREATE ANY OBLIGATION OR LIABILITY ON KWALEE HEREUNDER. KWALEE’S SOLE OBLIGATIONS AND LIABILITY SHALL ARISE, IF ANY, UNDER THE TERMS OF THIS AGREEMENT.
10. Limitations Of Liability
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, AND THE BINDING TERMS OF ANY AUTHORIZED THIRD-PARTY PLATFORM THROUGH WHICH YOU ACQUIRED THE GAME, IN NO EVENT WILL KWALEE BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, LOSS OF PROFITS, LOSS OF DATA, MENTAL DISTRESS, INTERRUPTION OF USE OR ACCESS, OR ANY OTHER DAMAGES OR LOSSES ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE GAME OR YOUR CONTENT, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (INCLUDING CONTRACT, TORT INCLUDING NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF KWALEE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF KWALEE ARISING FROM OR RELATED TO THIS AGREEMENT OR THE GAME OR THE USE THEREOF EXCEED THE GREATER OF (I) THE AMOUNT PAID BY YOU FOR THE USE OF THE GAME THAT GAVE RISE TO THE CLAIM, AND (II) UK £100, EVEN IF A CLAIM IS A CONTINUING ONE. IN NO EVENT SHALL ANY OFFICER, DIRECTOR, AGENT, CONTRACTOR, OR EMPLOYEE OF KWALEE OR ANY AFFLIATE OF KWALEE HAVE ANY LIABILITY ARISING FROM OR RELATED TO THIS AGREEMENT AND SUCH PERSONS ARE INTENDED THIRD PARTY BENEFICIARIES OF THIS LIMITATION. NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE THE PARTIES’ LIABILITY FOR PERSONAL INJURY OR DEATH ARISING FROM THEIR NEGLIGENCE, FRAUD OR FRAUDULENT MISREPRESENTATION, OR ANY OTHER LIABILITY SOLELY TO THE EXTENT THAT THEIR LIMITATION OR EXCLUSION IS PRECLUDED BY SUCH LAWS.
11. Maintenance And Support
Youwill own Your Content. You hereby grant toacknowledge that Kwalee a transferrable, sublicensable, royalty free perpetual worldwide right and license to use, host, copy, reproduce, distribute, display, perform including perform in public, communicate to the public including making available to the public, transmit, broadcast, publish, adapt, modify and create new or derivative works of or using Your Content to the extent necessary to make the Game available to you on your devices, and to do all of the foregoing with such adapted, modified, or derivative works, and to authorise others including other users of the Game to do the foregoing (the “UGC License”).has no obligation to furnish any maintenance and support, except where required by law.
12. Governing Law, Dispute Resolution And Class Action WaiverKwalee may like, share, repost or refer to content that you upload to social media platforms and similar communication channels in connection with the Game, but will always seek your permission before otherwise using Your Content in connection with the promotion of the Game. You represent, warrant, and covenant and can demonstrate to Kwalee’s full satisfaction upon request that you (a) own or otherwise have lawfully obtained the rights to Your Content; (b) Your Content you submit, share, post, use, provide, transmit, or display on or through the Materials does not violate, misappropriate or infringe the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademarks, rights in trade secrets or confidential information and/or other intellectual property rights (“Intellectual Property Rights”); (c) have the permission to use the name and likeness of each identifiable individual person in such Your Content and to use such individual’s identifying or personal information as contemplated by this Agreement; and (e) have the legal right and capacity to grant the UGC License to Kwalee. Kwalee may, in its sole discretion, remove, suspend, edit or disable the functionality to use Your Content in the Game, including if Kwalee considers that Your Content is in breach of this Agreement.
6. Your Conduct.
(a) You may not submit, upload, share, post, use, provide, transmit, or display violent, nude, discriminatory, illegal, infringing, hateful, pornographic or sexually suggestive photos or other content via or in relation to the Game.
(b) You are responsible for any activity that occurs through your account (if any) and you agree that you will not sell, transfer, license or assign your account, followers, username, or any other account rights. Further, you may not create through unauthorised means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
(c) You agree that you are responsible for keeping any passwords or other authentication means safe and secure.
(d) You agree that you are responsible for all data charges you incur through the access or use of the Game.
(e) You understand and agree that you use the Game and Materials at your own risk.
(f) You are solely responsible for your interaction with other users of the Game, whether online or offline. You agree that neither Kwalee nor any third party is responsible or liable for the conduct of any user. Kwalee reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users.
(g) Kwalee reserves the right to change, suspend, remove or disable access to the Game and Your Content for any reason, including but not limited to complaints or allegations of infringement or other unlawful conduct, without liability to you, and at any time without notice.
(g) There may be links from the Game, or from communications you receive from Kwalee, to third-party web sites or services. There may also be links to third-party web sites, applications, content or services within the text or images in the Game. The Game may also include third-party materials that we do not control, maintain or endorse. Functionality in the Game may also permit interactions between the Game and a third-party web site or service, including locations that connect the Game or your profile in the Game with a third-party web site or service. For example, the Game may include a feature that enables you to share content from the Game or Your Content with a third party, which may be publicly posted on that third party's web site or service. Using this functionality may require you to login to your account on the third-party web site or service and you do so at your own risk. Kwalee does not control any of these third-party web sites or services or any of their content. You expressly acknowledge and agree that Kwalee is in no way responsible or liable for any such third-party web sites or services and your dealings with third parties are at your own risk and between you and the third parties. You may choose, at your sole and absolute discretion and risk, to use applications that connect the Game or your profile on the Game with a third-party web site or service (each, an "Application") and such Application may interact with, connect to or gather and/or pull information from and to your profile. By using such Applications, you acknowledge and agree to the following: (i) if you use an Application to share information, you are consenting to personal data about your profile on the Application being shared; (ii) your use of an Application may cause personal data to be publicly disclosed and/or associated with you, even if Kwalee has not itself provided such information; and (iii) your use of an Application is at your own option and risk, and you will indemnify and hold Kwalee harmless for activity, and claims for loss or damages related to the Application.
7. Intellectual Property Rights. You do not hereby acquire any Intellectual Property Right in or relating to the Game. As between you and Kwalee, Kwalee owns and retains all rights including Intellectual Property Rights in the Game. You will not remove, alter or conceal any copyright, trademark, service mark or any proprietary rights notices incorporated in or accompanying the Game.
8. Payments and Fees. The Game may include functionality that enables you to receive additional services, artifacts, content, rights, or licenses for use within or in connection with the Game ("In Game Purchases"). In Game Purchases (i) may be used solely by you within the Game, (ii) may not be transferred to another device, (iii) can be downloaded only once; and (iii) after being downloaded, cannot be replaced. All In Game Purchases are deemed to be part of the Game and subject to the terms of this Agreement. You must acquire and pay for the In Game Purchases at the app store, where available.
9. Termination. This Agreement is effective upon the Effective Date until terminated by you or Kwalee, or as otherwise set out in this Agreement. Your End User License will terminate automatically without notice from Kwalee if you fail to comply with or breach any term(s) of this Agreement. Upon termination of the Agreement, you will cease all use of the Game and uninstall all copies, full or partial, of the Game. Clauses 2, 4-8 and 10-21 inclusive shall survive in perpetuity.
10. Warranty and Disclaimer. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE GAME IS AT YOUR SOLE RISK AND THAT TO THE FULLEST EXTENT POSSIBLE UNDER LAW THE GAME IS PROVIDED ON AN “AS IS” BASIS. KWALEE DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, COVENANTS AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, STATUTORY, ARISING BY CUSTOM OR USAGE OF TRADE, OR OTHERWISE TO THE FULLEST EXTENT PERMITTED BY LAW INCLUDING ANY WARRANTIES OR CONDITIONS OF FITNESS FOR PURPOSE, MERCHANTABLE QUALITY, SATISFACTORY QUALITY, DURABILITY, TITLE, NON-INFRINGEMENT, AND SALE BY DESCRIPTION. FOR CLARITY, NOTHING IN ANY STORE-SPECIFIC TERMS ENLARGE OR CREATE ANY OBLIGATION OR LIABILITY ON KWALEE HEREUNDER. KWALEE’S SOLE OBLIGATIONS AND LIABILITY SHALL ARISE, IF ANY, UNDER THE TERMS OF THIS AGREEMENT.
11. Limitations of Liability. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL KWALEE BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, LOSS OF PROFITS, LOSS OF DATA, MENTAL DISTRESS, INTERRUPTION OF USE OR ACCESS, OR ANY OTHER DAMAGES OR LOSSES ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE GAME OR YOUR CONTENT, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (INCLUDING CONTRACT, TORT INCLUDING NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF KWALEE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF KWALEE ARISING FROM OR RELATED TO THIS AGREEMENT OR THE GAME OR THE USE THEREOF EXCEED THE GREATER OF (I) THE AMOUNT PAID BY YOU FOR THE USE OF THE GAME THAT GAVE RISE TO THE CLAIM, AND (II) UK £100, EVEN IF A CLAIM IS A CONTINUING ONE. IN NO EVENT SHALL ANY OFFICER, DIRECTOR, AGENT, CONTRACTOR, OR EMPLOYEE OF KWALEE OR ANY AFFIATE OF KWALEE HAVE ANY LIABILITY ARISING FROM OR RELATED TO THIS AGREEMENT AND SUCH PERSONS ARE INTENDED THIRD PARTY BENEFICIARIES OF THIS LIMITATION. NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE THE PARTIES’ LIABILITY FOR PERSONAL INJURY OR DEATH ARISING FROM THEIR NEGLIGENCE, FRAUD OR FRAUDULENT MISREPRESENTATION, OR ANY OTHER LIABILITY SOLELY TO THE EXTENT THAT THEIR LIMITATION OR EXCLUSION IS PRECLUDED BY SUCH LAWS.
12. Maintenance and Support. You acknowledge that Kwalee has no obligation to furnish any maintenance and support, except where required by law.
13. Governing Law, Dispute Resolution and Class Action Waiver.
This Agreement is to be governed by and construed under the laws of the England and Wales, excluding any body of law governing conflicts of law. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods is hereby excluded in its entirety from application to this Agreement. Except to the extent specifically prohibited by applicable law in your jurisdiction, any disagreement or dispute arising from or related to this Agreement shall be settled by final and binding arbitration by the London Court of International Arbitration (LCIA) to be conducted in London, England, in accordance with the LCIA Arbitration Rules (the “Rules”) and shall be heard by one arbitrator appointed in accordance with the said Rules and to be mutually agreed to by the parties within thirty (30) days of the appointment of the arbitrator, failing which theAmerican Arbitration AssociationLCIA Court shall appoint the arbitrator. Each Party shall bear one half of the costs associated with the arbitration proceedings. However, if you initiate arbitration seeking $1,000 (or equivalent local currency) or less in damages, Kwalee will pay or reimburse your portion of the arbitration filing and administrative fees up to a maximum of $1,000, provided the arbitrator in accordance with the Rules. Each Party shall bear one half of the costs associated with the arbitration proceedings.does not determine your claim to be frivolous. Except to the extent specifically prohibited by applicable law in your jurisdiction, no dispute between the parties, or involving any person but you, may be joined or combined together, including in a class action without the prior written consent of Kwalee. Judgment upon the award rendered by the arbitrator may be entered in any Court having jurisdiction thereof. Notwithstanding the foregoing, Kwalee has the right to institute legal or equitable proceedings, including proceedings seeking injunctive relief, in a court of law for claims or disputes regarding: (i) amounts owed by you to Kwalee in connection with your acquisition of the Game or any portion thereof, or (ii) your violation or threatened violation of this Agreement. You irrevocably waive any objection on the grounds of venue, forum non-conveniens or any similar grounds and irrevocably consent to service of process by mail or in any other manner permitted by applicable law and irrevocably consent and attorn to the jurisdiction of the courts located in England and Wales, for any such claims, or any claims which pursuant to applicable law cannot be resolved through arbitration as set out herein. The parties agree that, in the event that there is a dispute under this Agreement and such dispute is to be resolved in a court of law, such dispute shall not be resolved by jury trial. The parties hereby waive all rights to a trial by jury in any matter related to or arising from this Agreement.
13. Indemnification
You agree to indemnify and hold harmless Kwalee, its affiliates and each of its employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable lawyers’ fees (i) for all third-party claims or demands that arise from or relate to your use of the Game or Your Content, and (ii) from any breach of this Agreement by you.
14.Indemnification.U.S. Legal Compliance
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. If this representation and warranty is breached, you may not access, download, or use the Game.
15. Territorial Restrictions
You agreeto indemnify and hold harmless Kwalee,that the Game will not be exported, imported, used, transferred, or re-exported from the country in which it is provided to you (except, subject to clause 14 above, for your own personal, non-commercial use on a personal device while temporarily traveling). The Game is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Kwalee to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Game or any portion of the Game, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that Kwalee provides.
16. Severability
If any term(s) of this Agreement is held to be invalid or unenforceable under any applicable local laws or by an applicable court, that part shall be interpreted in a manner consistent with applicable law as nearly as possible to the original intentions of the parties as set out herein and the remaining terms of the Agreement will remain valid and enforceable.
17. No Waiver
Kwalee’s failure to exercise or enforce itsaffiliates and eachrights under this Agreement does not waive our right to enforce such right. Any waiver of its employees, contractors, directors, suppliers and representatives fromsuch rights will only be effective if it is in writing and signed by us.
18. Assignment
This Agreement is personal to Kwalee and you may not assign this Agreement without the express written consent of Kwalee. Kwalee shall have the right to assign this Agreement to a group company. For the purposes of this clause “group company” means any subsidiary, affiliate or holding company of Kwalee or any subsidiary affiliate or holding company of such holding affiliate or subsidiary company. Kwalee shall also have the right to assign the Agreement in connection with the sale of allliabilities, claims, and expenses, including reasonable lawyers’ fees (i) for all third-party claims or demands that arise from or relate to your useor a substantial part of the Game or Your Content, and (ii) from any breachassets of this Agreement by you.
15. U.S. Legal Compliance.Kwalee or in connection with a reorganisation of Kwalee or merger or amalgamation of Kwalee with another entity.
19. Contact InformationYou represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. If this representation and warranty is breached, you may not access, download, or use the Game.
16. Territorial Restrictions. You agree that the Game will not be exported, imported, used, transferred, or re-exported from the country in which it is provided to you. The Game is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Kwalee to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Game or any portion of the Game, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that Kwalee provides.
17. Severability. If any term(s) of this Agreement is held to be invalid or unenforceable under any applicable local laws or by an applicable court, that part shall be interpreted in a manner consistent with applicable law as nearly as possible to the original intentions of the parties as set out herein and the remaining terms of the Agreement will remain valid and enforceable.
18. No Waiver. Kwalee’s failure to exercise or enforce its rights under this Agreement does not waive our right to enforce such right. Any waiver of such rights will only be effective if it is in writing and signed by us.
19. Assignment. This Agreement is personal to Kwalee and you may not assign this Agreement without the express written consent of Kwalee. Kwalee shall have the right to assign this Agreement to a group company. For the purposes of this clause “group company” means any subsidiary, affiliate or holding company of Kwalee or any subsidiary affiliate or holding company of such holding affiliate or subsidiary company. Kwalee shall also have the right to assign the Agreement in connection with the sale of all or a substantial part of the assets of Kwalee or in connection with a reorganisation of Kwalee or merger or amalgamation of Kwalee with another entity.
20. Contact Information.
Should you have any questions, complaints, or claims relating to the Kwalee or the Game, please contact us at [email protected] or via post addressed to Kwalee Ltd., Southam Road, Radford Semele, Leamington Spa, CV31 1FQ. You can find this Agreement by visiting www.kwalee.com.
21.
20. Claims Of Copyright Infringement
Notifications of claimed copyright infringement and counter notices must be sent to our designated agent:
ATTENTION: CopyrightInfringement. Notifications of claimed copyright infringement and counter notices must be sent to our designated agent:
ATTENTION: CopyrightIntake Administrator
Address: Kwalee Ltd., Southam Road, Radford Semele,
Leamington Spa, CV31 1FQ,Fax: +44(0)1926 801100, United Kingdom
Email: [email protected]
We are only able to accept notices in the languages into which these terms are made available by us.
We will respond expeditiously to claims of copyright infringement committed using the Game that are reported to our Designated Copyright Agent in accordance with applicable laws.
These terms and conditions and end user license agreement (the “Agreement”) are between you (“you or “You”) and Kwalee Ltd, a company incorporated and registered under the laws of England and Wales with company number 07648078 whose registered office is at Kwalee Ltd, Southam Road, Radford Semele, Leamington Spa, CV31 1FQ (“Kwalee” or “us”) and govern your use of any Kwalee games and related services, including any content or materials provided with or in connection with the games ("Materials") and any In-Game Purchases (as defined below) (collectively, the “Game”).
By downloading, installing, accessing or using the Game or by uploading or downloading any other content or materials provided with or in connection with a Game (together “Materials”), or by making any In Game Purchases (as defined below), or by tapping or clicking “I AGREE” in the Game or in an app or game store, or by otherwise signifying your acceptance of this Agreement, you agree to be bound by this Agreement (the earliest of such dates is the “Effective Date”).
PLEASE READ THIS AGREEMENT
Issued By KWALEE LIMITED
Last Updated: 19 August 2024.
Welcome to Kwalee’s end user licence agreement (EULA) hub for all of our PC & Console games.
THIS AGREEMENT CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. IT AFFECTS HOW DISPUTES ARE RESOLVED. PLEASE READ IT.
You represent, warrant and agree that you are at least 13 years old and that if you are between 13 years and 18 years old, your legal guardian has reviewed this Agreement and agrees to its terms. If this is not true, you must not download, access and/or use the Game.
1. Amendments
The Kwalee General PC & Console End User Licence
Game-Specific End User Licence Agreements
Please follow the links below for the EULAs applicable to the following games:
For Wildmender please follow link here: http://www.kwalee.com/eula-pcc-wildmender
For Robobeat please follow link here: http://www.kwalee.com/eula-pcc-robobeat
Kwalee General PC & Console End User Licence Agreement
These terms and conditions and end user license agreement (the “Agreement”) are between you (“you or “You”) and Kwalee Ltd, a company incorporated and registered under the laws of England and Wales with company number 07648078 whose registered office is
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE GAME. THIS AGREEMENT AFFECTS YOUR LEGAL RIGHTS AND OBLIGATIONS. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, UNINSTALL AND DO NOT ACCESS OR USE THE GAME.
THIS AGREEMENT CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. IT AFFECTS HOW DISPUTES ARE RESOLVED. PLEASE READ IT.
You represent, warrant and agree that you are at least 13 years old and that if you are between 13 years and 18 years old, your legal guardian has reviewed this Agreement and agrees to its terms. If this is not true, you must not download, access and/or use the Game.
1. Amendments. We may amend this Agreement at any
2. Privacy
We may collect certain technical, hardware, and gameplay analytics data to help us optimize, patch, and improve the Game and other Kwalee products. We do not collect any data that personally identifies you.
Our data practices, including your rights to access, restrict, or request the erasure of
3. License
3.1. Kwalee
3.2. The terms of this Agreement will govern any update or upgrade provided by Kwalee that replaces and/or supplements the original Game
3. License.
(a) Kwalee grants to you a limited, non-exclusive, non-transferrable, revocable
(b) The End User License does not allow you to use the Game on any device that you do not own or control, and except as otherwise provided in this Agreement, you may not distribute or otherwise make the Game available such as, without limitation, over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, transfer, redistribute, make available to third persons, or sublicense the Game and, if you sell a device on which the Game has been installed to a third party, you must uninstall the Game from the device before doing so. You agree not to copy (except as expressly permitted by this Agreement), decompile, disassemble, derive the source code of, or otherwise reverse engineer or attempt to reverse engineer, modify, or create derivative works of the Game, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law).
(c) You agree not to copy, distribute, display, perform including perform in public, transmit, communicate to the public including making available to the public, broadcast publish, modify or create derivative works of the Game, except in connection with playing the Game.
(d) Any rights not expressly granted herein are expressly reserved.
4. Responsibility for your Content.
3.3. The End User License does not allow you to use the Game on any device that you do not own or control, and except as otherwise provided in this Agreement, you may not distribute or otherwise make the Game available such as, without limitation, over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, transfer, redistribute, make available to third persons, or sublicense the Game. You agree not to copy (except as expressly permitted by this Agreement), decompile, disassemble, derive the source code of, or otherwise reverse engineer or attempt to reverse engineer, modify, or create derivative works of the Game, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law).
3.4. You agree not to copy, distribute, display, perform including perform in public, transmit, communicate to the public including making available to the public, broadcast publish, modify or create derivative works of the Game, except in connection with playing the Game.
Any rights not expressly granted herein are expressly reserved.
4. Your Content
4.1. User Generated Content and Player Mods.
You retain ownership in your user generated content, for example, any original data, text, assets, or graphics that you independently create and upload to the Game via authorized modding tools (“UGC”) if supported by the Game. By submitting UGC, you grant Kwalee a non-exclusive, worldwide, royalty-free, perpetual, and irrevocable license to host, store, cache, distribute, publicly display, run, and execute that UGC solely in connection with the Game, supported third-party modding platforms, and any third party community platforms. This license therefore allows other players to download and use your UGC within their copy of the Game. You represent and warrant that your UGC does not infringe upon any third-party intellectual property or copyright laws, and must not contain malware, hacks, cheats, exploits, or any defamatory, obscene, offensive or unlawful material. Kwalee reserves the right, in its sole discretion, to revoke its permission to use or create mods, and to remove any mod at any time, for any reason.
4.2. Content Creation and Streaming Policy.
We love creators! We hereby grant you a personal, non-exclusive, revocable, and non-transferable license to create, stream, record, and upload videos or streams featuring gameplay footage, audio, and commentary from the Game (“Fan Content”) to third-party video sharing, live-streaming, and social media platforms (including, but not limited to, Twitch, YouTube, TikTok, and similar services).[DB1.1] You are explicitly permitted to commercially monetize your Fan Content via standard platform partner programs (such as YouTube AdSense, Twitch subscriptions, bits, and viewer donations). However, this streaming permission is subject to the following guardrails:
• No Paywalls: You may not charge users a direct fee or require a paid subscription to view or access your Fan Content.
• No Asset Separation: You may not extract or distribute individual game assets (such as the game's soundtrack, art assets, or voice lines) separate from active gameplay footage.
• No Official Endorsement: You must not state or imply that your Fan Content is officially sponsored, endorsed, or approved by us.
• Revocation: We reserve the right to revoke this content creation and image capture license or issue a takedown notice if your Fan Content or in-Game Captures violates our community guidelines, promotes illegal activity, or infringes upon third-party rights. As outlined in Clause 6, Kwalee retains all Intellectual Property Rights in the underlying Game and its assets.
4.3. In-Game Captures and Game Assets.
Kwalee grants you a personal, non-exclusive, revocable, and non-transferable license to capture, share, and display screenshots, photographs, and static images generated from your gameplay (“In-Game Captures”) on social media, fan sites, and personal portfolios.
Your use of In-Game Captures is subject to the same guardrails established for Fan Content above, including the prohibitions on Paywalls and Official Endorsements. Furthermore, this license is strictly limited to capturing visual output generated during normal gameplay. You are explicitly prohibited from:
• Asset Extraction: You may not datamine, rip, extract, or export underlying game assets (including but not limited to 2D sprites, 3D models, textures, audio files, or UI elements) directly from the Game’s files.
• Commercial Merchandising: You may not use In-Game Captures or extracted game assets to manufacture, print, or sell physical merchandise (such as apparel, posters, or 3D prints) or digital products (such as NFTs or standalone asset packs).
• Third-Party Importation: You may not import extracted game assets into third-party engines, games, or software without our express written consent.
As outlined in Clause 6, Kwalee retains all Intellectual Property Rights in the underlying Game and its assets as depicted in any In-Game Captures. We reserve the right to revoke this license or issue a takedown notice if your use of In-Game Captures or assets violates these terms or infringes upon our intellectual property rights.
4.4. Your Content.
You are solely responsible for your
4.5. User-Submitted Files via Support and Feedback Channels.
When you submit files such as images, videos, or documents through our support or feedback forms (including Zendesk), you agree that these files may be used by Kwalee solely for the purpose of addressing your inquiry, feedback, or complaint. Accepted file formats include but are not limited to: .jpg, .jpeg, .png, .gif, .webp, .mp4, .mov, .avi, .mkv, .pdf, .doc, .docx, .txt, .rtf, .xls, and .xlsx. You warrant that you have all necessary rights to submit such content and that it complies with applicable laws and does not infringe on any third-party rights. Kwalee will handle such files in accordance with our Privacy Policy and applicable data protection laws, taking reasonable measures to protect your data. However, please be aware that transmission of files over the internet may not be completely secure.
5. Your Conduct
5.1. You may not submit, upload, share, post, use, provide, transmit, or display violent, nude, discriminatory, illegal, infringing, hateful, pornographic or sexually suggestive photos or other content via or in relation to the Game.
5.2. You are responsible for any activity that occurs through your account (if any) and you agree that you will not sell, transfer, license or assign your account, followers, username, or any other account rights. Further, you may not create through unauthorised means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
5.3. You agree that you are responsible for keeping any passwords or other authentication means safe and secure.
5.4. You agree that you are responsible for all data charges you incur through the access or use of the Game.
5.5. You understand and agree that you use the Game and Materials at your own risk.
5.6. You are solely responsible for your interaction with other users of the Game, whether online or offline. You agree that neither Kwalee nor any third party is responsible or liable for the conduct of any user. Kwalee reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users.
5.7. Kwalee reserves the right to change, suspend, remove or disable access to the Game and Your Content for any reason, including but not limited to complaints or allegations of infringement or other unlawful conduct, without liability to you, and at any time without notice.
5.8. There may be links from the Game, or from communications you receive from Kwalee, to third-party web sites or services. There may also be links to third-party web sites, applications, content or services within the text or images in the Game. The Game may also include third-party materials that we do not control, maintain or endorse. Functionality in the Game may also permit interactions between the Game and a third-party web site or service, including locations that connect the Game or your profile in the Game with a third-party web site or service. For example, the Game may include a feature that enables you to share content from the Game or Your Content with a third party, which may be publicly posted on that third party's web site or service. Using this functionality may require you to login to your account on the third-party web site or service and you do so at your own risk. Kwalee does not control any of these third-party web sites or services or any of their content. You expressly acknowledge and agree that Kwalee is in no way responsible or liable for any such third-party web sites or services and your dealings with third parties are at your own risk and between you and the third parties. You may choose, at your sole and absolute discretion and risk, to use applications that connect the Game or your profile on the Game with a third-party web site or service (each, an "Application") and such Application may interact with, connect to or gather and/or pull information from and to your profile. By using such Applications, you acknowledge and agree to the following: (i) if you use an Application to share information, you are consenting to personal data about your profile on the Application being shared; (ii) your use of an Application may cause personal data to be publicly disclosed and/or associated with you, even if Kwalee has not itself provided such information; and (iii) your use of an Application is at your own option and risk, and you will indemnify and hold Kwalee harmless for activity, and claims for loss or damages related to the Application.
6. Intellectual Property Rights
You do not hereby acquire any Intellectual Property Right in
7. Payments And Fees
The Game may include functionality that enables you to receive additional services, artifacts, content, rights, or licenses for use within or in connection with the Game ("In Game Purchases"). In Game Purchases (i) may be used solely by you within the Game, (ii) may not be transferred to another device, (iii) can be downloaded only once; and (iv) after being downloaded, cannot be replaced. All In Game Purchases are deemed to be part of the Game and subject to the terms of this Agreement. You must acquire and pay for the In Game Purchases at the app store, where available.
8. Termination
This Agreement is effective upon the Effective Date until terminated by you or Kwalee, or as otherwise set out in this Agreement. Your End User License will terminate automatically without notice from Kwalee if you fail to comply with or breach any term(s) of this Agreement. Upon termination of the Agreement, you will cease all use of the Game and uninstall all copies, full or partial, of the Game.
5. Your Content.
9. Warranty And Disclaimer
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE GAME IS AT YOUR SOLE RISK AND THAT TO THE FULLEST EXTENT POSSIBLE UNDER LAW THE GAME IS PROVIDED ON AN “AS IS” BASIS. KWALEE DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, COVENANTS AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, STATUTORY, ARISING BY CUSTOM OR USAGE OF TRADE, OR OTHERWISE TO THE FULLEST EXTENT PERMITTED BY LAW INCLUDING ANY WARRANTIES OR CONDITIONS OF FITNESS FOR PURPOSE, MERCHANTABLE QUALITY, SATISFACTORY QUALITY, DURABILITY, TITLE, NON-INFRINGEMENT, AND SALE BY DESCRIPTION. FOR CLARITY, NOTHING IN ANY STORE-SPECIFIC TERMS ENLARGE OR CREATE ANY OBLIGATION OR LIABILITY ON KWALEE HEREUNDER. KWALEE’S SOLE OBLIGATIONS AND LIABILITY SHALL ARISE, IF ANY, UNDER THE TERMS OF THIS AGREEMENT.
10. Limitations Of Liability
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, AND THE BINDING TERMS OF ANY AUTHORIZED THIRD-PARTY PLATFORM THROUGH WHICH YOU ACQUIRED THE GAME, IN NO EVENT WILL KWALEE BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, LOSS OF PROFITS, LOSS OF DATA, MENTAL DISTRESS, INTERRUPTION OF USE OR ACCESS, OR ANY OTHER DAMAGES OR LOSSES ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE GAME OR YOUR CONTENT, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (INCLUDING CONTRACT, TORT INCLUDING NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF KWALEE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF KWALEE ARISING FROM OR RELATED TO THIS AGREEMENT OR THE GAME OR THE USE THEREOF EXCEED THE GREATER OF (I) THE AMOUNT PAID BY YOU FOR THE USE OF THE GAME THAT GAVE RISE TO THE CLAIM, AND (II) UK £100, EVEN IF A CLAIM IS A CONTINUING ONE. IN NO EVENT SHALL ANY OFFICER, DIRECTOR, AGENT, CONTRACTOR, OR EMPLOYEE OF KWALEE OR ANY AFFLIATE OF KWALEE HAVE ANY LIABILITY ARISING FROM OR RELATED TO THIS AGREEMENT AND SUCH PERSONS ARE INTENDED THIRD PARTY BENEFICIARIES OF THIS LIMITATION. NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE THE PARTIES’ LIABILITY FOR PERSONAL INJURY OR DEATH ARISING FROM THEIR NEGLIGENCE, FRAUD OR FRAUDULENT MISREPRESENTATION, OR ANY OTHER LIABILITY SOLELY TO THE EXTENT THAT THEIR LIMITATION OR EXCLUSION IS PRECLUDED BY SUCH LAWS.
11. Maintenance And Support
You
12. Governing Law, Dispute Resolution And Class Action Waiver
6. Your Conduct.
(a) You may not submit, upload, share, post, use, provide, transmit, or display violent, nude, discriminatory, illegal, infringing, hateful, pornographic or sexually suggestive photos or other content via or in relation to the Game.
(b) You are responsible for any activity that occurs through your account (if any) and you agree that you will not sell, transfer, license or assign your account, followers, username, or any other account rights. Further, you may not create through unauthorised means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
(c) You agree that you are responsible for keeping any passwords or other authentication means safe and secure.
(d) You agree that you are responsible for all data charges you incur through the access or use of the Game.
(e) You understand and agree that you use the Game and Materials at your own risk.
(f) You are solely responsible for your interaction with other users of the Game, whether online or offline. You agree that neither Kwalee nor any third party is responsible or liable for the conduct of any user. Kwalee reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users.
(g) Kwalee reserves the right to change, suspend, remove or disable access to the Game and Your Content for any reason, including but not limited to complaints or allegations of infringement or other unlawful conduct, without liability to you, and at any time without notice.
(g) There may be links from the Game, or from communications you receive from Kwalee, to third-party web sites or services. There may also be links to third-party web sites, applications, content or services within the text or images in the Game. The Game may also include third-party materials that we do not control, maintain or endorse. Functionality in the Game may also permit interactions between the Game and a third-party web site or service, including locations that connect the Game or your profile in the Game with a third-party web site or service. For example, the Game may include a feature that enables you to share content from the Game or Your Content with a third party, which may be publicly posted on that third party's web site or service. Using this functionality may require you to login to your account on the third-party web site or service and you do so at your own risk. Kwalee does not control any of these third-party web sites or services or any of their content. You expressly acknowledge and agree that Kwalee is in no way responsible or liable for any such third-party web sites or services and your dealings with third parties are at your own risk and between you and the third parties. You may choose, at your sole and absolute discretion and risk, to use applications that connect the Game or your profile on the Game with a third-party web site or service (each, an "Application") and such Application may interact with, connect to or gather and/or pull information from and to your profile. By using such Applications, you acknowledge and agree to the following: (i) if you use an Application to share information, you are consenting to personal data about your profile on the Application being shared; (ii) your use of an Application may cause personal data to be publicly disclosed and/or associated with you, even if Kwalee has not itself provided such information; and (iii) your use of an Application is at your own option and risk, and you will indemnify and hold Kwalee harmless for activity, and claims for loss or damages related to the Application.
7. Intellectual Property Rights. You do not hereby acquire any Intellectual Property Right in or relating to the Game. As between you and Kwalee, Kwalee owns and retains all rights including Intellectual Property Rights in the Game. You will not remove, alter or conceal any copyright, trademark, service mark or any proprietary rights notices incorporated in or accompanying the Game.
8. Payments and Fees. The Game may include functionality that enables you to receive additional services, artifacts, content, rights, or licenses for use within or in connection with the Game ("In Game Purchases"). In Game Purchases (i) may be used solely by you within the Game, (ii) may not be transferred to another device, (iii) can be downloaded only once; and (iii) after being downloaded, cannot be replaced. All In Game Purchases are deemed to be part of the Game and subject to the terms of this Agreement. You must acquire and pay for the In Game Purchases at the app store, where available.
9. Termination. This Agreement is effective upon the Effective Date until terminated by you or Kwalee, or as otherwise set out in this Agreement. Your End User License will terminate automatically without notice from Kwalee if you fail to comply with or breach any term(s) of this Agreement. Upon termination of the Agreement, you will cease all use of the Game and uninstall all copies, full or partial, of the Game. Clauses 2, 4-8 and 10-21 inclusive shall survive in perpetuity.
10. Warranty and Disclaimer. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE GAME IS AT YOUR SOLE RISK AND THAT TO THE FULLEST EXTENT POSSIBLE UNDER LAW THE GAME IS PROVIDED ON AN “AS IS” BASIS. KWALEE DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, COVENANTS AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, STATUTORY, ARISING BY CUSTOM OR USAGE OF TRADE, OR OTHERWISE TO THE FULLEST EXTENT PERMITTED BY LAW INCLUDING ANY WARRANTIES OR CONDITIONS OF FITNESS FOR PURPOSE, MERCHANTABLE QUALITY, SATISFACTORY QUALITY, DURABILITY, TITLE, NON-INFRINGEMENT, AND SALE BY DESCRIPTION. FOR CLARITY, NOTHING IN ANY STORE-SPECIFIC TERMS ENLARGE OR CREATE ANY OBLIGATION OR LIABILITY ON KWALEE HEREUNDER. KWALEE’S SOLE OBLIGATIONS AND LIABILITY SHALL ARISE, IF ANY, UNDER THE TERMS OF THIS AGREEMENT.
11. Limitations of Liability. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL KWALEE BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, LOSS OF PROFITS, LOSS OF DATA, MENTAL DISTRESS, INTERRUPTION OF USE OR ACCESS, OR ANY OTHER DAMAGES OR LOSSES ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE GAME OR YOUR CONTENT, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (INCLUDING CONTRACT, TORT INCLUDING NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF KWALEE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF KWALEE ARISING FROM OR RELATED TO THIS AGREEMENT OR THE GAME OR THE USE THEREOF EXCEED THE GREATER OF (I) THE AMOUNT PAID BY YOU FOR THE USE OF THE GAME THAT GAVE RISE TO THE CLAIM, AND (II) UK £100, EVEN IF A CLAIM IS A CONTINUING ONE. IN NO EVENT SHALL ANY OFFICER, DIRECTOR, AGENT, CONTRACTOR, OR EMPLOYEE OF KWALEE OR ANY AFFIATE OF KWALEE HAVE ANY LIABILITY ARISING FROM OR RELATED TO THIS AGREEMENT AND SUCH PERSONS ARE INTENDED THIRD PARTY BENEFICIARIES OF THIS LIMITATION. NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE THE PARTIES’ LIABILITY FOR PERSONAL INJURY OR DEATH ARISING FROM THEIR NEGLIGENCE, FRAUD OR FRAUDULENT MISREPRESENTATION, OR ANY OTHER LIABILITY SOLELY TO THE EXTENT THAT THEIR LIMITATION OR EXCLUSION IS PRECLUDED BY SUCH LAWS.
12. Maintenance and Support. You acknowledge that Kwalee has no obligation to furnish any maintenance and support, except where required by law.
13. Governing Law, Dispute Resolution and Class Action Waiver.
This Agreement is to be governed by and construed under the laws of the England and Wales, excluding any body of law governing conflicts of law. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods is hereby excluded in its entirety from application to this Agreement. Except to the extent specifically prohibited by applicable law in your jurisdiction, any disagreement or dispute arising from or related to this Agreement shall be settled by final and binding arbitration by the London Court of International Arbitration (LCIA) to be conducted in London, England, in accordance with the LCIA Arbitration Rules (the “Rules”) and shall be heard by one arbitrator appointed in accordance with the said Rules and to be mutually agreed to by the parties within thirty (30) days of the appointment of the arbitrator, failing which the
13. Indemnification
You agree to indemnify and hold harmless Kwalee, its affiliates and each of its employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable lawyers’ fees (i) for all third-party claims or demands that arise from or relate to your use of the Game or Your Content, and (ii) from any breach of this Agreement by you.
14.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. If this representation and warranty is breached, you may not access, download, or use the Game.
15. Territorial Restrictions
You agree
16. Severability
If any term(s) of this Agreement is held to be invalid or unenforceable under any applicable local laws or by an applicable court, that part shall be interpreted in a manner consistent with applicable law as nearly as possible to the original intentions of the parties as set out herein and the remaining terms of the Agreement will remain valid and enforceable.
17. No Waiver
Kwalee’s failure to exercise or enforce its
18. Assignment
This Agreement is personal to Kwalee and you may not assign this Agreement without the express written consent of Kwalee. Kwalee shall have the right to assign this Agreement to a group company. For the purposes of this clause “group company” means any subsidiary, affiliate or holding company of Kwalee or any subsidiary affiliate or holding company of such holding affiliate or subsidiary company. Kwalee shall also have the right to assign the Agreement in connection with the sale of all
15. U.S. Legal Compliance.
19. Contact Information
16. Territorial Restrictions. You agree that the Game will not be exported, imported, used, transferred, or re-exported from the country in which it is provided to you. The Game is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Kwalee to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Game or any portion of the Game, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that Kwalee provides.
17. Severability. If any term(s) of this Agreement is held to be invalid or unenforceable under any applicable local laws or by an applicable court, that part shall be interpreted in a manner consistent with applicable law as nearly as possible to the original intentions of the parties as set out herein and the remaining terms of the Agreement will remain valid and enforceable.
18. No Waiver. Kwalee’s failure to exercise or enforce its rights under this Agreement does not waive our right to enforce such right. Any waiver of such rights will only be effective if it is in writing and signed by us.
19. Assignment. This Agreement is personal to Kwalee and you may not assign this Agreement without the express written consent of Kwalee. Kwalee shall have the right to assign this Agreement to a group company. For the purposes of this clause “group company” means any subsidiary, affiliate or holding company of Kwalee or any subsidiary affiliate or holding company of such holding affiliate or subsidiary company. Kwalee shall also have the right to assign the Agreement in connection with the sale of all or a substantial part of the assets of Kwalee or in connection with a reorganisation of Kwalee or merger or amalgamation of Kwalee with another entity.
20. Contact Information.
Should you have any questions, complaints, or claims relating to the Kwalee or the Game, please contact us at [email protected] or via post addressed to Kwalee Ltd., Southam Road, Radford Semele, Leamington Spa, CV31 1FQ. You can find this Agreement by visiting www.kwalee.com.
21.
20. Claims Of Copyright Infringement
Notifications of claimed copyright infringement and counter notices must be sent to our designated agent:
ATTENTION: Copyright
ATTENTION: Copyright
Address: Kwalee Ltd., Southam Road, Radford Semele,
Leamington Spa, CV31 1FQ,
Email: [email protected]
We are only able to accept notices in the languages into which these terms are made available by us.
We will respond expeditiously to claims of copyright infringement committed using the Game that are reported to our Designated Copyright Agent in accordance with applicable laws.
~
<b>KWALEE’S END USER LICENSE
Kwalee General PC & Console End User Licence Agreement<br><br><br>These terms and conditions and end user license agreement (the “Agreement”) are between you (“you or “You”) and Kwalee Ltd, a company incorporated and registered under the laws of England and Wales with company number 07648078 whose registered office is at Kwalee Ltd, Southam Road, Radford Semele, Leamington Spa, CV31 1FQ (“Kwalee” or “us”) and govern your use of any Kwalee games and related services, including any content or materials provided with or in connection with the games ("Materials") and any In-Game Purchases (as defined below) (collectively, the “Game”). <br><br>By downloading, installing, accessing or using the Game or by uploading or downloading any other content or materials provided with or in connection with a Game (together “Materials”), or by making any In Game Purchases (as defined below), or by tapping or clicking “I AGREE” in the Game or in an app or game store, or by otherwise signifying your acceptance of this Agreement, you agree to be bound by this Agreement (the earliest of such dates is the “Effective Date”). <br><br>PLEASE READ THIS
AGREEMENT
(PC & CONSOLE) </b><br><br><b>Issued By KWALEE LIMITED</b><br><br>Last Updated: 19 August 2024. <br><br>Welcome to Kwalee’s end user licence agreement (EULA) hub for all of our PC & Console games.
CAREFULLY BEFORE USING THE GAME. THIS AGREEMENT AFFECTS YOUR LEGAL RIGHTS AND OBLIGATIONS. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, UNINSTALL AND DO NOT ACCESS OR USE THE GAME.<br>THIS AGREEMENT CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. IT AFFECTS HOW DISPUTES ARE RESOLVED. PLEASE READ IT.<br><br>You represent, warrant and agree that you are at least 13 years old and that if you are between 13 years and 18 years old, your legal guardian has reviewed this Agreement and agrees to its terms. If this is not true, you must not download, access and/or use the Game.<br><br><br>1. Amendments
<br>
<br>The Kwalee General PC & Console End User Licence
We may amend this
Agreement
(below) applies to all PC & Console games published by Kwalee unless your game is listed below, in which case its own separate game-specific EULA shall apply instead. <br><br><b>Game-Specific End User Licence Agreements</b><br><br>Please follow the links below for the EULAs applicable to the following games:<br><br>For <b>Wildmender</b> please follow link here: <a class="bb_link" href="https://steamcommunity.com/linkfilter/?u=http%3A%2F%2Fwww.kwalee.com%2Feula-pcc-wildmender" target="_blank" rel=" noopener">http://www.kwalee.com/eula-pcc-wildmender</a><br><br>For <b>Robobeat</b> please follow link here: <a class="bb_link" href="https://steamcommunity.com/linkfilter/?u=http%3A%2F%2Fwww.kwalee.com%2Feula-pcc-robobeat" target="_blank" rel=" noopener">http://www.kwalee.com/eula-pcc-robobeat</a><br><br><b>Kwalee General PC & Console End User Licence Agreement</b><br><br>These terms and conditions and end user license agreement (the “<b>Agreement</b>”) are between you (“<b>you </b>or “<b>You</b>”) and Kwalee Ltd, a company incorporated and registered under the laws of England and Wales with company number 07648078 whose registered office is
at
Kwalee Ltd, Southam Road, Radford Semele, Leamington Spa, CV31 1FQ (“<b>Kwalee</b>” or “<b>us</b>”) and govern your use of
any
of Kwalee games and any related services (the “<b>Game</b>”). By downloading, installing, accessing or using the Game or by uploading or downloading any other content or materials provided with or in connection with a Game (together “<b>Materials</b>”), or by making any In Game Purchases (as defined below), or by tapping or clicking “I AGREE” in the Game or in an app or game store, or by otherwise signifying your acceptance of this Agreement, you agree to be bound by this Agreement (the earliest of such dates is the “<b>Effective Date</b>”). <br><br><b>PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE GAME. THIS AGREEMENT AFFECTS YOUR LEGAL RIGHTS AND OBLIGATIONS. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, UNINSTALL AND DO NOT ACCESS OR USE THE GAME. <br><br>THIS AGREEMENT CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. IT AFFECTS HOW DISPUTES ARE RESOLVED. PLEASE READ IT. </b><br><br>You represent, warrant and agree that you are at least 13 years old and that if you are between 13 years and 18 years old, your legal guardian has reviewed this Agreement and agrees to its terms. If this is not true, you must not download, access and/or use the Game. <br><br><u>1. Amendments.</u> We may amend this Agreement at any
time.
Any such amendment will operate prospectively only. We will give you notice of any amendments to this Agreement within the Game or by other means such as posting updated terms on our website located at
<a class="bb_link" href="https://steamcommunity.com/linkfilter/?u=http%3A%2F%2Fwww.kwalee.com%2Feula-pcc" target="_blank" rel=" noopener">http://www.kwalee.com/eula-pcc
<a class="bb_link" href="https://steamcommunity.com/linkfilter/?u=http%3A%2F%2Fwww.kwalee.com%2Feula-pcc%2F" target="_blank" rel=" noopener">www.kwalee.com/eula-pcc/
</a>. Your tapping or clicking “I AGREE” in the Game when asked to confirm acceptance of an amendment, or continued access or use of the Game after such notice, is and will be deemed to be your acceptance of the amended Agreement, which will take effect immediately upon such acceptance. If you do not agree to any change to the terms of this Agreement, you must uninstall and discontinue using or accessing the Game. <br><br>
<u>
<br>
2. Privacy
and
And
Consent
to
To
Use
Of Data. <br>We may collect certain technical, hardware, and gameplay analytics data to help us optimize, patch, and improve the Game and other Kwalee products. We do not collect any data that personally identifies you.<br>Our data practices, including your rights to access, restrict, or request the erasure
of
Data.</u>
your data, are detailed in our Privacy Policy located at <a class="bb_link" href="https://steamcommunity.com/linkfilter/?u=https%3A%2F%2Fwww.kwalee.com%2Flegal%2Fpp-pcc" target="_blank" rel=" noopener">https://www.kwalee.com/legal/pp-pcc</a> . By accepting this Agreement, you acknowledge that you have been provided access to, and have reviewed, our Privacy Policy. You understand that your data will be processed in accordance with that policy and applicable data protection laws.<br><br><br>3. License<br><br>3.1.
Kwalee
collects analytics data including technical information about the
grants to you a limited, non-exclusive, non-transferrable, revocable license to access or
use
the Game solely on the device (which for the purposes
of
the
this agreement may be a PC, game console or tablet, as the case may be) for which it was supplied by Kwalee for your personal, non-commercial purposes, subject to the terms of this Agreement (the “End User License”). <br><br>3.2. The terms of this Agreement will govern any update or upgrade provided by Kwalee that replaces and/or supplements the original
Game
to help us improve the Game and other Kwalee products. The data we collect does not directly or indirectly identify individuals using the game. In the interest
(all
of
openness and transparency regarding data collection practices, our Privacy Policy (located at <a class="bb_link" href="https://steamcommunity.com/linkfilter/?u=http%3A%2F%2Fwww.kwalee.com%2Fpp-pcc" target="_blank" rel=" noopener">http://www.kwalee.com/pp-pcc</a> ) explains the basis on
which
analytics data may be collected, used, processed, and disclosed
together are included in the definition of the term “Game”), unless such update or upgrade is accompanied
by
us or on our behalf. By accepting this Agreement, you agree
a separate license in which case the terms of
that
you have had access to, have read and understood the Privacy Policy. <br><br><u>3. License.</u><br><br>(a) Kwalee grants to you a limited, non-exclusive, non-transferrable, revocable
license
to access or use the Game solely on the device (which for the purposes of this agreement may be a PC, game console or tablet, as the case may be) for which it was supplied by Kwalee for your personal, non-commercial purposes, subject to the terms of this Agreement (the “<b>End User License</b>”). The terms of this Agreement
will
govern any update or upgrade provided by Kwalee that replaces and/or supplements the original Game (all of which together are included in the definition of the term “Game”), unless such update or upgrade is accompanied by a separate license in which case the terms of that license will
govern.
The terms of this Agreement also govern Materials and any In Game Purchases (as defined below), which are also both included in the definition of the term “Game”. You may use any Materials provided to you as part of the Game solely in connection with your playing the game through the Game in accordance with any rules made available by Kwalee from time to time.<br><br>(b) The End User License does not allow you to use the Game on any device that you do not own or control, and except as otherwise provided in this Agreement, you may not distribute or otherwise make the Game available such as, without limitation, over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, transfer, redistribute, make available to third persons, or sublicense the Game and, if you sell a device on which the Game has been installed to a third party, you must uninstall the Game from the device before doing so. You agree not to copy (except as expressly permitted by this Agreement), decompile, disassemble, derive the source code of, or otherwise reverse engineer or attempt to reverse engineer, modify, or create derivative works of the Game, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law). <br><br>(c) You agree not to copy, distribute, display, perform including perform in public, transmit, communicate to the public including making available to the public, broadcast publish, modify or create derivative works of the Game, except in connection with playing the Game. <br><br>(d) Any rights not expressly granted herein are expressly reserved. <br><br><u>4. Responsibility for your Content.</u>
You
may use any Materials provided to you as part of the Game solely in connection with your playing the game through the Game in accordance with any rules made available by Kwalee from time to time.<br> <br>3.3. The End User License does not allow you to use the Game on any device that you do not own or control, and except as otherwise provided in this Agreement, you may not distribute or otherwise make the Game available such as, without limitation, over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, transfer, redistribute, make available to third persons, or sublicense the Game. You agree not to copy (except as expressly permitted by this Agreement), decompile, disassemble, derive the source code of, or otherwise reverse engineer or attempt to reverse engineer, modify, or create derivative works of the Game, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law).<br> <br>3.4. You agree not to copy, distribute, display, perform including perform in public, transmit, communicate to the public including making available to the public, broadcast publish, modify or create derivative works of the Game, except in connection with playing the Game.<br><br>Any rights not expressly granted herein
are
expressly reserved. <br><br><br>4. Your Content <br><br>4.1. User Generated Content and Player Mods.<br>You retain ownership in your user generated content, for example, any original data, text, assets, or graphics that you independently create and upload to the Game via authorized modding tools (“UGC”) if supported by the Game. By submitting UGC, you grant Kwalee a non-exclusive, worldwide, royalty-free, perpetual, and irrevocable license to host, store, cache, distribute, publicly display, run, and execute that UGC
solely
in connection with the Game, supported third-party modding platforms, and any third party community platforms. This license therefore allows other players to download and use your UGC within their copy of the Game. You represent and warrant that your UGC does not infringe upon any third-party intellectual property or copyright laws, and must not contain malware, hacks, cheats, exploits, or any defamatory, obscene, offensive or unlawful material. Kwalee reserves the right, in its sole discretion, to revoke its permission to use or create mods, and to remove any mod at any time, for any reason. <br><br>4.2. Content Creation and Streaming Policy. <br>We love creators! We hereby grant you a personal, non-exclusive, revocable, and non-transferable license to create, stream, record, and upload videos or streams featuring gameplay footage, audio, and commentary from the Game (“Fan Content”) to third-party video sharing, live-streaming, and social media platforms (including, but not limited to, Twitch, YouTube, TikTok, and similar services).[DB1.1] You are explicitly permitted to commercially monetize your Fan Content via standard platform partner programs (such as YouTube AdSense, Twitch subscriptions, bits, and viewer donations). However, this streaming permission is subject to the following guardrails:<br>• No Paywalls: You may not charge users a direct fee or require a paid subscription to view or access your Fan Content. <br>• No Asset Separation: You may not extract or distribute individual game assets (such as the game's soundtrack, art assets, or voice lines) separate from active gameplay footage.<br>• No Official Endorsement: You must not state or imply that your Fan Content is officially sponsored, endorsed, or approved by us.<br>• Revocation: We reserve the right to revoke this content creation and image capture license or issue a takedown notice if your Fan Content or in-Game Captures violates our community guidelines, promotes illegal activity, or infringes upon third-party rights. As outlined in Clause 6, Kwalee retains all Intellectual Property Rights in the underlying Game and its assets.<br><br>4.3. In-Game Captures and Game Assets. <br>Kwalee grants you a personal, non-exclusive, revocable, and non-transferable license to capture, share, and display screenshots, photographs, and static images generated from your gameplay (“In-Game Captures”) on social media, fan sites, and personal portfolios.<br>Your use of In-Game Captures is subject to the same guardrails established for Fan Content above, including the prohibitions on Paywalls and Official Endorsements. Furthermore, this license is strictly limited to capturing visual output generated during normal gameplay. You are explicitly prohibited from:<br>• Asset Extraction: You may not datamine, rip, extract, or export underlying game assets (including but not limited to 2D sprites, 3D models, textures, audio files, or UI elements) directly from the Game’s files.<br>• Commercial Merchandising: You may not use In-Game Captures or extracted game assets to manufacture, print, or sell physical merchandise (such as apparel, posters, or 3D prints) or digital products (such as NFTs or standalone asset packs).<br>• Third-Party Importation: You may not import extracted game assets into third-party engines, games, or software without our express written consent.<br>As outlined in Clause 6, Kwalee retains all Intellectual Property Rights in the underlying Game and its assets as depicted in any In-Game Captures. We reserve the right to revoke this license or issue a takedown notice if your use of In-Game Captures or assets violates these terms or infringes upon our intellectual property rights.<br><br>4.4. Your Content. <br>You are solely
responsible for your
conduct
conduct, your UGC
and any
other content you create using Game assets or related to the Game, including, but not limited to,
data, text, files, information, usernames, images, graphics, photos, profiles,
memes,
audio and video clips, sounds, musical works, sound recordings, works of authorship, applications, links and other content or materials that you submit, upload, share, post, use, provide, transmit, or display
on or via the Game
(“Your Content”). You must ensure that you (i) own or (ii)
or
have obtained in advance all necessary rights from the relevant rights owner to use Your Content (including but not limited to any music
files)
files).<br><br>4.5. User-Submitted Files via Support and Feedback Channels. <br>When you submit files such as images, videos, or documents through our support or feedback forms (including Zendesk), you agree that these files may be used by Kwalee solely for the purpose of addressing your inquiry, feedback, or complaint. Accepted file formats include but are not limited to: .jpg, .jpeg, .png, .gif, .webp, .mp4, .mov, .avi, .mkv, .pdf, .doc, .docx, .txt, .rtf, .xls, and .xlsx. You warrant that you have all necessary rights to submit such content and that it complies with applicable laws and does not infringe on any third-party rights. Kwalee will handle such files
in
accordance with our Privacy Policy and applicable data protection laws, taking reasonable measures to protect your data. However, please be aware that transmission of files over the internet may not be completely secure.<br><br><br>5. Your Conduct<br><br>5.1. You may not submit, upload, share, post, use, provide, transmit, or display violent, nude, discriminatory, illegal, infringing, hateful, pornographic or sexually suggestive photos or other content via or in relation to the Game.<br><br>5.2. You are responsible for any activity that occurs through your account (if any) and you agree that you will not sell, transfer, license or assign your account, followers, username, or any other account rights. Further, you may not create through unauthorised means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.<br><br>5.3. You agree that you are responsible for keeping any passwords or other authentication means safe and secure.<br><br>5.4. You agree that you are responsible for all data charges you incur through the access or use of the Game.<br><br>5.5. You understand and agree that you use the Game and Materials at your own risk.<br><br>5.6. You are solely responsible for your interaction with other users of the Game, whether online or offline. You agree that neither Kwalee nor any third party is responsible or liable for the conduct of any user. Kwalee reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users.<br><br>5.7. Kwalee reserves the right to change, suspend, remove or disable access to the Game and Your Content for any reason, including but not limited to complaints or allegations of infringement or other unlawful conduct, without liability to you, and at any time without notice.<br><br>5.8. There may be links from the Game, or from communications you receive from Kwalee, to third-party web sites or services. There may also be links to third-party web sites, applications, content or services within the text or images in the Game. The Game may also include third-party materials that we do not control, maintain or endorse. Functionality in the Game may also permit interactions between the Game and a third-party web site or service, including locations that connect the Game or your profile in the Game with a third-party web site or service. For example, the Game may include a feature that enables you to share content from the Game or Your Content with a third party, which may be publicly posted on that third party's web site or service. Using this functionality may require you to login to your account on the third-party web site or service and you do so at your own risk. Kwalee does not control any of these third-party web sites or services or any of their content. You expressly acknowledge and agree that Kwalee is in no way responsible or liable for any such third-party web sites or services and your dealings with third parties are at your own risk and between you and the third parties. You may choose, at your sole and absolute discretion and risk, to use applications that connect the Game or your profile on the Game with a third-party web site or service (each, an "Application") and such Application may interact with, connect to or gather
and/or
pull information from and to your profile. By using such Applications, you acknowledge and agree to the following: (i) if you use an Application to share information, you are consenting to personal data about your profile on the Application being shared; (ii) your use of an Application may cause personal data to be publicly disclosed and/or associated with you, even if Kwalee has not itself provided such information; and (iii) your use of an Application is at your own option and risk, and you will indemnify and hold Kwalee harmless for activity, and claims for loss or damages related to the Application.<br><br><br>6. Intellectual Property Rights <br>You do not hereby acquire any Intellectual Property Right
in
association
or relating to the Game. As between you and Kwalee, Kwalee owns and retains all rights including Intellectual Property Rights in the Game. You will not remove, alter or conceal any copyright, trademark, service mark or any proprietary rights notices incorporated in or accompanying the Game.<br><br><br>7. Payments And Fees <br>The Game may include functionality that enables you to receive additional services, artifacts, content, rights, or licenses for use within or in connection
with the
Game ("In Game Purchases"). In Game Purchases (i) may be used solely by you within the Game, (ii) may not be transferred to another device, (iii) can be downloaded only once; and (iv) after being downloaded, cannot be replaced. All In Game Purchases are deemed to be part of the Game and subject to the terms of this Agreement. You must acquire and pay for the In Game Purchases at the app store, where available.<br><br><br>8. Termination <br>This Agreement is effective upon the Effective Date until terminated by you or Kwalee, or as otherwise set out in this Agreement. Your End User License will terminate automatically without notice from Kwalee if you fail to comply with or breach any term(s) of this Agreement. Upon termination of the Agreement, you will cease all use of the Game and uninstall all copies, full or partial, of the
Game.
<br><br><u>5. Your Content.</u>
Clauses 2, 4-7 and 9-20 inclusive shall survive in perpetuity.<br><br><br>9. Warranty And Disclaimer
<br>YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE GAME IS AT YOUR SOLE RISK AND THAT TO THE FULLEST EXTENT POSSIBLE UNDER LAW THE GAME IS PROVIDED ON AN “AS IS” BASIS. KWALEE DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, COVENANTS AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, STATUTORY, ARISING BY CUSTOM OR USAGE OF TRADE, OR OTHERWISE TO THE FULLEST EXTENT PERMITTED BY LAW INCLUDING ANY WARRANTIES OR CONDITIONS OF FITNESS FOR PURPOSE, MERCHANTABLE QUALITY, SATISFACTORY QUALITY, DURABILITY, TITLE, NON-INFRINGEMENT, AND SALE BY DESCRIPTION. FOR CLARITY, NOTHING IN ANY STORE-SPECIFIC TERMS ENLARGE OR CREATE ANY OBLIGATION OR LIABILITY ON KWALEE HEREUNDER. KWALEE’S SOLE OBLIGATIONS AND LIABILITY SHALL ARISE, IF ANY, UNDER THE TERMS OF THIS AGREEMENT.<br><br><br>10. Limitations Of Liability <br>TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, AND THE BINDING TERMS OF ANY AUTHORIZED THIRD-PARTY PLATFORM THROUGH WHICH YOU ACQUIRED THE GAME, IN NO EVENT WILL KWALEE BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, LOSS OF PROFITS, LOSS OF DATA, MENTAL DISTRESS, INTERRUPTION OF USE OR ACCESS, OR ANY OTHER DAMAGES OR LOSSES ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE GAME OR YOUR CONTENT, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (INCLUDING CONTRACT, TORT INCLUDING NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF KWALEE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF KWALEE ARISING FROM OR RELATED TO THIS AGREEMENT OR THE GAME OR THE USE THEREOF EXCEED THE GREATER OF (I) THE AMOUNT PAID BY YOU FOR THE USE OF THE GAME THAT GAVE RISE TO THE CLAIM, AND (II) UK £100, EVEN IF A CLAIM IS A CONTINUING ONE. IN NO EVENT SHALL ANY OFFICER, DIRECTOR, AGENT, CONTRACTOR, OR EMPLOYEE OF KWALEE OR ANY AFFLIATE OF KWALEE HAVE ANY LIABILITY ARISING FROM OR RELATED TO THIS AGREEMENT AND SUCH PERSONS ARE INTENDED THIRD PARTY BENEFICIARIES OF THIS LIMITATION. NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE THE PARTIES’ LIABILITY FOR PERSONAL INJURY OR DEATH ARISING FROM THEIR NEGLIGENCE, FRAUD OR FRAUDULENT MISREPRESENTATION, OR ANY OTHER LIABILITY SOLELY TO THE EXTENT THAT THEIR LIMITATION OR EXCLUSION IS PRECLUDED BY SUCH LAWS.<br><br><br>11. Maintenance And Support <br>
You
will own Your Content. You hereby grant to
acknowledge that
Kwalee
a transferrable, sublicensable, royalty free perpetual worldwide right and license to use, host, copy, reproduce, distribute, display, perform including perform in public, communicate to the public including making available to the public, transmit, broadcast, publish, adapt, modify and create new or derivative works of or using Your Content to the extent necessary to make the Game available to you on your devices, and to do all of the foregoing with such adapted, modified, or derivative works, and to authorise others including other users of the Game to do the foregoing (the “UGC License”).
has no obligation to furnish any maintenance and support, except where required by law.<br><br><br>12. Governing Law, Dispute Resolution And Class Action Waiver
Kwalee may like, share, repost or refer to content that you upload to social media platforms and similar communication channels in connection with the Game, but will always seek your permission before otherwise using Your Content in connection with the promotion of the Game. You represent, warrant, and covenant and can demonstrate to Kwalee’s full satisfaction upon request that you (a) own or otherwise have lawfully obtained the rights to Your Content; (b) Your Content you submit, share, post, use, provide, transmit, or display on or through the Materials does not violate, misappropriate or infringe the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademarks, rights in trade secrets or confidential information and/or other intellectual property rights (“Intellectual Property Rights”); (c) have the permission to use the name and likeness of each identifiable individual person in such Your Content and to use such individual’s identifying or personal information as contemplated by this Agreement; and (e) have the legal right and capacity to grant the UGC License to Kwalee. Kwalee may, in its sole discretion, remove, suspend, edit or disable the functionality to use Your Content in the Game, including if Kwalee considers that Your Content is in breach of this Agreement. <br><br><u>6. Your Conduct.</u><br><br>(a) You may not submit, upload, share, post, use, provide, transmit, or display violent, nude, discriminatory, illegal, infringing, hateful, pornographic or sexually suggestive photos or other content via or in relation to the Game. <br><br>(b) You are responsible for any activity that occurs through your account (if any) and you agree that you will not sell, transfer, license or assign your account, followers, username, or any other account rights. Further, you may not create through unauthorised means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper. <br><br>(c) You agree that you are responsible for keeping any passwords or other authentication means safe and secure. <br><br>(d) You agree that you are responsible for all data charges you incur through the access or use of the Game. <br><br>(e) You understand and agree that you use the Game and Materials at your own risk. <br><br>(f) You are solely responsible for your interaction with other users of the Game, whether online or offline. You agree that neither Kwalee nor any third party is responsible or liable for the conduct of any user. Kwalee reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users. <br><br>(g) Kwalee reserves the right to change, suspend, remove or disable access to the Game and Your Content for any reason, including but not limited to complaints or allegations of infringement or other unlawful conduct, without liability to you, and at any time without notice. <br><br>(g) There may be links from the Game, or from communications you receive from Kwalee, to third-party web sites or services. There may also be links to third-party web sites, applications, content or services within the text or images in the Game. The Game may also include third-party materials that we do not control, maintain or endorse. Functionality in the Game may also permit interactions between the Game and a third-party web site or service, including locations that connect the Game or your profile in the Game with a third-party web site or service. For example, the Game may include a feature that enables you to share content from the Game or Your Content with a third party, which may be publicly posted on that third party's web site or service. Using this functionality may require you to login to your account on the third-party web site or service and you do so at your own risk. Kwalee does not control any of these third-party web sites or services or any of their content. You expressly acknowledge and agree that Kwalee is in no way responsible or liable for any such third-party web sites or services and your dealings with third parties are at your own risk and between you and the third parties. You may choose, at your sole and absolute discretion and risk, to use applications that connect the Game or your profile on the Game with a third-party web site or service (each, an "Application") and such Application may interact with, connect to or gather and/or pull information from and to your profile. By using such Applications, you acknowledge and agree to the following: (i) if you use an Application to share information, you are consenting to personal data about your profile on the Application being shared; (ii) your use of an Application may cause personal data to be publicly disclosed and/or associated with you, even if Kwalee has not itself provided such information; and (iii) your use of an Application is at your own option and risk, and you will indemnify and hold Kwalee harmless for activity, and claims for loss or damages related to the Application. <br><br><u>7. Intellectual Property Rights.</u> You do not hereby acquire any Intellectual Property Right in or relating to the Game. As between you and Kwalee, Kwalee owns and retains all rights including Intellectual Property Rights in the Game. You will not remove, alter or conceal any copyright, trademark, service mark or any proprietary rights notices incorporated in or accompanying the Game. <br><br><u>8. Payments and Fees.</u> The Game may include functionality that enables you to receive additional services, artifacts, content, rights, or licenses for use within or in connection with the Game ("<b>In Game Purchases</b>"). In Game Purchases (i) may be used solely by you within the Game, (ii) may not be transferred to another device, (iii) can be downloaded only once; and (iii) after being downloaded, cannot be replaced. All In Game Purchases are deemed to be part of the Game and subject to the terms of this Agreement. You must acquire and pay for the In Game Purchases at the app store, where available. <br><br><u>9. Termination.</u> This Agreement is effective upon the Effective Date until terminated by you or Kwalee, or as otherwise set out in this Agreement. Your End User License will terminate automatically without notice from Kwalee if you fail to comply with or breach any term(s) of this Agreement. Upon termination of the Agreement, you will cease all use of the Game and uninstall all copies, full or partial, of the Game. Clauses 2, 4-8 and 10-21 inclusive shall survive in perpetuity. <br><br><u>10. Warranty and Disclaimer.</u> YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE GAME IS AT YOUR SOLE RISK AND THAT TO THE FULLEST EXTENT POSSIBLE UNDER LAW THE GAME IS PROVIDED ON AN “AS IS” BASIS. KWALEE DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, COVENANTS AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, STATUTORY, ARISING BY CUSTOM OR USAGE OF TRADE, OR OTHERWISE TO THE FULLEST EXTENT PERMITTED BY LAW INCLUDING ANY WARRANTIES OR CONDITIONS OF FITNESS FOR PURPOSE, MERCHANTABLE QUALITY, SATISFACTORY QUALITY, DURABILITY, TITLE, NON-INFRINGEMENT, AND SALE BY DESCRIPTION. FOR CLARITY, NOTHING IN ANY STORE-SPECIFIC TERMS ENLARGE OR CREATE ANY OBLIGATION OR LIABILITY ON KWALEE HEREUNDER. KWALEE’S SOLE OBLIGATIONS AND LIABILITY SHALL ARISE, IF ANY, UNDER THE TERMS OF THIS AGREEMENT. <br><br><u>11. Limitations of Liability.</u> TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL KWALEE BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, LOSS OF PROFITS, LOSS OF DATA, MENTAL DISTRESS, INTERRUPTION OF USE OR ACCESS, OR ANY OTHER DAMAGES OR LOSSES ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE GAME OR YOUR CONTENT, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (INCLUDING CONTRACT, TORT INCLUDING NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF KWALEE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF KWALEE ARISING FROM OR RELATED TO THIS AGREEMENT OR THE GAME OR THE USE THEREOF EXCEED THE GREATER OF (I) THE AMOUNT PAID BY YOU FOR THE USE OF THE GAME THAT GAVE RISE TO THE CLAIM, AND (II) UK £100, EVEN IF A CLAIM IS A CONTINUING ONE. IN NO EVENT SHALL ANY OFFICER, DIRECTOR, AGENT, CONTRACTOR, OR EMPLOYEE OF KWALEE OR ANY AFFIATE OF KWALEE HAVE ANY LIABILITY ARISING FROM OR RELATED TO THIS AGREEMENT AND SUCH PERSONS ARE INTENDED THIRD PARTY BENEFICIARIES OF THIS LIMITATION. NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE THE PARTIES’ LIABILITY FOR PERSONAL INJURY OR DEATH ARISING FROM THEIR NEGLIGENCE, FRAUD OR FRAUDULENT MISREPRESENTATION, OR ANY OTHER LIABILITY SOLELY TO THE EXTENT THAT THEIR LIMITATION OR EXCLUSION IS PRECLUDED BY SUCH LAWS. <br><br><u>12. Maintenance and Support.</u> You acknowledge that Kwalee has no obligation to furnish any maintenance and support, except where required by law. <br><br><u>13. Governing Law, Dispute Resolution and Class Action Waiver.</u>
<br>
This Agreement is to be governed by and construed under the laws of the England and Wales, excluding any body of law governing conflicts of law. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods is hereby excluded in its entirety from application to this Agreement. Except to the extent specifically prohibited by applicable law in your jurisdiction, any disagreement or dispute arising from or related to this Agreement shall be settled by final and binding arbitration by the London Court of International Arbitration (LCIA) to be conducted in London, England, in accordance with the LCIA Arbitration Rules (the “Rules”) and shall be heard by one arbitrator appointed in accordance with the said Rules and to be mutually agreed to by the parties within thirty (30) days of the appointment of the arbitrator, failing which the
American Arbitration Association
LCIA Court
shall appoint the
arbitrator. Each Party shall bear one half of the costs associated with the arbitration proceedings. However, if you initiate arbitration seeking $1,000 (or equivalent local currency) or less in damages, Kwalee will pay or reimburse your portion of the arbitration filing and administrative fees up to a maximum of $1,000, provided the
arbitrator
in accordance with the Rules. Each Party shall bear one half of the costs associated with the arbitration proceedings.
does not determine your claim to be frivolous.
Except to the extent specifically prohibited by applicable law in your jurisdiction, no dispute between the parties, or involving any person but you, may be joined or combined together, including in a class action without the prior written consent of Kwalee. Judgment upon the award rendered by the arbitrator may be entered in any Court having jurisdiction thereof. Notwithstanding the foregoing, Kwalee has the right to institute legal or equitable proceedings, including proceedings seeking injunctive relief, in a court of law for claims or disputes regarding: (i) amounts owed by you to Kwalee in connection with your acquisition of the Game or any portion thereof, or (ii) your violation or threatened violation of this Agreement. You irrevocably waive any objection on the grounds of venue, forum non-conveniens or any similar grounds and irrevocably consent to service of process by mail or in any other manner permitted by applicable law and irrevocably consent and attorn to the jurisdiction of the courts located in England and Wales, for any such claims, or any claims which pursuant to applicable law cannot be resolved through arbitration as set out herein. The parties agree that, in the event that there is a dispute under this Agreement and such dispute is to be resolved in a court of law, such dispute shall not be resolved by jury trial. The parties hereby waive all rights to a trial by jury in any matter related to or arising from this Agreement.
<br><br><u>
<br><br><br>13. Indemnification <br>You agree to indemnify and hold harmless Kwalee, its affiliates and each of its employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable lawyers’ fees (i) for all third-party claims or demands that arise from or relate to your use of the Game or Your Content, and (ii) from any breach of this Agreement by you.<br><br><br>
14.
Indemnification.</u>
U.S. Legal Compliance
<br>
You
represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. If this representation and warranty is breached, you may not access, download, or use the Game.<br><br><br>15. Territorial Restrictions <br>You
agree
to indemnify and hold harmless Kwalee,
that the Game will not be exported, imported, used, transferred, or re-exported from the country in which it is provided to you (except, subject to clause 14 above, for your own personal, non-commercial use on a personal device while temporarily traveling). The Game is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Kwalee to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Game or any portion of the Game, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that Kwalee provides.<br><br><br>16. Severability <br>If any term(s) of this Agreement is held to be invalid or unenforceable under any applicable local laws or by an applicable court, that part shall be interpreted in a manner consistent with applicable law as nearly as possible to the original intentions of the parties as set out herein and the remaining terms of the Agreement will remain valid and enforceable.<br><br><br>17. No Waiver <br>Kwalee’s failure to exercise or enforce
its
affiliates and each
rights under this Agreement does not waive our right to enforce such right. Any waiver
of
its employees, contractors, directors, suppliers and representatives from
such rights will only be effective if it is in writing and signed by us.<br><br><br>18. Assignment <br>This Agreement is personal to Kwalee and you may not assign this Agreement without the express written consent of Kwalee. Kwalee shall have the right to assign this Agreement to a group company. For the purposes of this clause “group company” means any subsidiary, affiliate or holding company of Kwalee or any subsidiary affiliate or holding company of such holding affiliate or subsidiary company. Kwalee shall also have the right to assign the Agreement in connection with the sale of
all
liabilities, claims, and expenses, including reasonable lawyers’ fees (i) for all third-party claims or demands that arise from or relate to your use
or a substantial part
of the
Game or Your Content, and (ii) from any breach
assets
of
this Agreement by you. <br><br><u>15. U.S. Legal Compliance.</u>
Kwalee or in connection with a reorganisation of Kwalee or merger or amalgamation of Kwalee with another entity.<br><br><br>19. Contact Information
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. If this representation and warranty is breached, you may not access, download, or use the Game. <br><br><u>16. Territorial Restrictions.</u> You agree that the Game will not be exported, imported, used, transferred, or re-exported from the country in which it is provided to you. The Game is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Kwalee to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Game or any portion of the Game, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that Kwalee provides. <br><br><u>17. Severability.</u> If any term(s) of this Agreement is held to be invalid or unenforceable under any applicable local laws or by an applicable court, that part shall be interpreted in a manner consistent with applicable law as nearly as possible to the original intentions of the parties as set out herein and the remaining terms of the Agreement will remain valid and enforceable. <br><br><u>18. No Waiver.</u> Kwalee’s failure to exercise or enforce its rights under this Agreement does not waive our right to enforce such right. Any waiver of such rights will only be effective if it is in writing and signed by us. <br><br><u>19. Assignment.</u> This Agreement is personal to Kwalee and you may not assign this Agreement without the express written consent of Kwalee. Kwalee shall have the right to assign this Agreement to a group company. For the purposes of this clause “group company” means any subsidiary, affiliate or holding company of Kwalee or any subsidiary affiliate or holding company of such holding affiliate or subsidiary company. Kwalee shall also have the right to assign the Agreement in connection with the sale of all or a substantial part of the assets of Kwalee or in connection with a reorganisation of Kwalee or merger or amalgamation of Kwalee with another entity. <br><br><u>20. Contact Information. </u>
<br>
Should you have any questions, complaints, or claims relating to the Kwalee or the Game, please contact us at <a href="mailto:[email protected]">[email protected]</a> or via post addressed to Kwalee Ltd., Southam Road, Radford Semele, Leamington Spa, CV31 1FQ. You can find this Agreement by visiting <a class="bb_link" href="https://steamcommunity.com/linkfilter/?u=http%3A%2F%2Fwww.kwalee.com" target="_blank" rel=" noopener">www.kwalee.com</a>.<br>
<br><u>21.
<br><br>20.
Claims
Of Copyright Infringement <br>Notifications
of
claimed copyright infringement and counter notices must be sent to our designated agent:<br> ATTENTION:
Copyright
Infringement.</u> Notifications of claimed copyright infringement and counter notices must be sent to our designated agent: <br><br>ATTENTION: Copyright
Intake Administrator
<br>
<br>
Address: Kwalee Ltd., Southam Road, Radford Semele,
<br>
Leamington Spa, CV31 1FQ,
Fax: +44(0)1926 801100,
United Kingdom<br>
Email: <a href="mailto:[email protected]">[email protected]</a>
<br>
<br>We are only able to accept notices in the languages into which these terms are made available by us.
<br>
<br>We will respond expeditiously to claims of copyright infringement committed using the Game that are reported to our Designated Copyright Agent in accordance with applicable laws.
−
KWALEE’S END USER LICENSE AGREEMENT (PC & CONSOLE)
−
Issued By KWALEE LIMITED
−
Last Updated: 19 August 2024.
−
Welcome to Kwalee’s end user licence agreement (EULA) hub for all of our PC & Console games.
−
The Kwalee General PC & Console End User Licence Agreement (below) applies to all PC & Console games published by Kwalee unless your game is listed below, in which case its own separate game-specific EULA shall apply instead.
−
Game-Specific End User Licence Agreements
−
Please follow the links below for the EULAs applicable to the following games:
−
For Wildmender please follow link here: http://www.kwalee.com/eula-pcc-wildmender
−
For Robobeat please follow link here: http://www.kwalee.com/eula-pcc-robobeat
Kwalee General PC & Console End User Licence Agreement
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These terms and conditions and end user license agreement (the “Agreement”) are between you (“you or “You”) and Kwalee Ltd, a company incorporated and registered under the laws of England and Wales with company number 07648078 whose registered office is at Kwalee Ltd, Southam Road, Radford Semele, Leamington Spa, CV31 1FQ (“Kwalee” or “us”) and govern your use of any of Kwalee games and any related servicesservices, (the “Game”). By downloading, installing, accessing or using the Game or by uploading or downloadingincluding any other content or materials provided with or in connection with athe Gamegames (together("Materials") “Materials”), or by makingand any In GameIn-Game Purchases (as defined below),below) or by tapping or clicking “I AGREE” in(collectively, the Game“Game”). or in an app or game store, or by otherwise signifying your acceptance of this Agreement, you agree to be bound by this Agreement (the earliest of such dates is the “Effective Date”).
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PLEASEBy READdownloading, THISinstalling, AGREEMENTaccessing CAREFULLYor BEFOREusing USINGthe THEGame GAME.or THISby AGREEMENTuploading AFFECTSor YOURdownloading LEGALany RIGHTSother ANDcontent OBLIGATIONS.or IFmaterials YOUprovided DOwith NOTor AGREEin TOconnection BEwith BOUNDa BYGame THIS(together AGREEMENT,“Materials”), UNINSTALLor ANDby DOmaking NOTany ACCESSIn ORGame USEPurchases THE(as GAME.defined below), or by tapping or clicking “I AGREE” in the Game or in an app or game store, or by otherwise signifying your acceptance of this Agreement, you agree to be bound by this Agreement (the earliest of such dates is the “Effective Date”).
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PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE GAME. THIS AGREEMENT AFFECTS YOUR LEGAL RIGHTS AND OBLIGATIONS. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, UNINSTALL AND DO NOT ACCESS OR USE THE GAME.
THIS AGREEMENT CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. IT AFFECTS HOW DISPUTES ARE RESOLVED. PLEASE READ IT.
~
You represent, warrant and agree that you are at least 13 years old and that if you are between 13 years and 18 years old, your legal guardian has reviewed this Agreement and agrees to its terms. If this is not true, you must not download, access and/or use the Game.
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1. Amendments. Amendments
We may amend this Agreement at any time. Any such amendment will operate prospectively only. We will give you notice of any amendments to this Agreement within the Game or by other means such as posting updated terms on our website located at http://www.kwalee.com/eula-pcc.www.kwalee.com/eula-pcc/. Your tapping or clicking “I AGREE” in the Game when asked to confirm acceptance of an amendment, or continued access or use of the Game after such notice, is and will be deemed to be your acceptance of the amended Agreement, which will take effect immediately upon such acceptance. If you do not agree to any change to the terms of this Agreement, you must uninstall and discontinue using or accessing the Game.
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2. Privacy andAnd Consent toTo Use ofOf Data. Kwalee
We collectsmay collect certain technical, hardware, and gameplay analytics data including technical information about the use of the Game to help us optimize, patch, and improve the Game and other Kwalee products. TheWe do not collect any data wethat collectpersonally doesidentifies notyou.
Our directlydata practices, including your rights to access, restrict, or indirectly identify individuals usingrequest the game. In the interesterasure of opennessyour anddata, transparencyare regardingdetailed data collection practices,in our Privacy Policy (locatedlocated at http://www.kwalee.com/pp-pcchttps://www.kwalee.com/legal/pp-pcc ) explains the basis on which analytics data may be collected, used, processed, and disclosed by us or on our behalf.. By accepting this Agreement, you agreeacknowledge that you have hadbeen provided access to, and have readreviewed, and understood theour Privacy Policy. You understand that your data will be processed in accordance with that policy and applicable data protection laws.
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3. License.License
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(a)3.1. Kwalee grants to you a limited, non-exclusive, non-transferrable, revocable license to access or use the Game solely on the device (which for the purposes of this agreement may be a PC, game console or tablet, as the case may be) for which it was supplied by Kwalee for your personal, non-commercial purposes, subject to the terms of this Agreement (the “End User License”). The terms of this Agreement will govern any update or upgrade provided by Kwalee that replaces and/or supplements the original Game (all of which together are included in the definition of the term “Game”), unless such update or upgrade is accompanied by a separate license in which case the terms of that license will govern. The terms of this Agreement also govern Materials and any In Game Purchases (as defined below), which are also both included in the definition of the term “Game”. You may use any Materials provided to you as part of the Game solely in connection with your playing the game through the Game in accordance with any rules made available by Kwalee from time to time.
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(b)3.2. The terms of this Agreement will govern any update or upgrade provided by Kwalee that replaces and/or supplements the original Game (all of which together are included in the definition of the term “Game”), unless such update or upgrade is accompanied by a separate license in which case the terms of that license will govern. You may use any Materials provided to you as part of the Game solely in connection with your playing the game through the Game in accordance with any rules made available by Kwalee from time to time.
3.3. The End User License does not allow you to use the Game on any device that you do not own or control, and except as otherwise provided in this Agreement, you may not distribute or otherwise make the Game available such as, without limitation, over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, transfer, redistribute, make available to third persons, or sublicense the Game and, if you sell a device on which the Game has been installed to a third party, you must uninstall the Game from the device before doing so.Game. You agree not to copy (except as expressly permitted by this Agreement), decompile, disassemble, derive the source code of, or otherwise reverse engineer or attempt to reverse engineer, modify, or create derivative works of the Game, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law).
3.4. You agree not to copy, distribute, display, perform including perform in public, transmit, communicate to the public including making available to the public, broadcast publish, modify or create derivative works of the Game, except in connection with playing the Game.
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(c)Any You agreerights not toexpressly copy,granted distribute,herein display,are performexpressly including perform in public, transmit, communicate to the public including making available to the public, broadcast publish, modify or create derivative works of the Game, except in connection with playing the Game.reserved.
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(d)4. AnyYour rights not expressly granted herein are expressly reserved.Content
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4.4.1. ResponsibilityUser Generated Content and Player Mods.
You retain ownership in your user generated content, for yourexample, Content.any original data, text, assets, or graphics that you independently create and upload to the Game via authorized modding tools (“UGC”) if supported by the Game. YouBy aresubmitting UGC, you grant Kwalee a non-exclusive, worldwide, royalty-free, perpetual, and irrevocable license to host, store, cache, distribute, publicly display, run, and execute that UGC solely responsiblein forconnection yourwith conductthe Game, supported third-party modding platforms, and any data,third text,party files,community information,platforms. usernames,This images,license graphics,therefore photos,allows profiles,other audioplayers to download and videouse clips,your sounds,UGC musicalwithin works,their sound recordings, workscopy of authorship,the applications,Game. linksYou represent and otherwarrant contentthat your UGC does not infringe upon any third-party intellectual property or materialscopyright thatlaws, youand submit,must upload,not share,contain post,malware, use,hacks, provide,cheats, transmit,exploits, or displayany ondefamatory, obscene, offensive or viaunlawful material. Kwalee reserves the Game (“Your Content”). You must ensure that you (i) own or (ii) or have obtainedright, in advanceits allsole necessarydiscretion, rightsto fromrevoke theits relevant rights ownerpermission to use Youror Contentcreate (includingmods, but not limitedand to remove any musicmod files)at inany and/ortime, infor associationany with the Game. reason.
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5.4.2. YourContent Content. YouCreation willand ownStreaming YourPolicy.
We Content.love Youcreators! We hereby grant to Kwaleeyou a transferrable,personal, sublicensable,non-exclusive, royalty free perpetual worldwide rightrevocable, and non-transferable license to use,create, host,stream, copy, reproduce, distribute, display, perform including perform in public, communicate to the public including making available to the public, transmit, broadcast, publish, adapt, modifyrecord, and createupload newvideos or derivativestreams worksfeaturing ofgameplay orfootage, usingaudio, Yourand Contentcommentary to the extent necessary to makefrom the Game available(“Fan Content”) to youthird-party onvideo yoursharing, devices,live-streaming, and to do all of the foregoing with such adapted, modified, or derivative works, and to authorise others including other users of the Game to do the foregoing (the “UGC License”). Kwalee may like, share, repost or refer to content that you upload to social media platforms (including, but not limited to, Twitch, YouTube, TikTok, and similar communicationservices).[DB1.1] You channelsare explicitly permitted to commercially monetize your Fan Content via standard platform partner programs (such as YouTube AdSense, Twitch subscriptions, bits, and viewer donations). However, this streaming permission is subject to the following guardrails:
• No Paywalls: You may not charge users a direct fee or require a paid subscription to view or access your Fan Content.
• No Asset Separation: You may not extract or distribute individual game assets (such as the game's soundtrack, art assets, or voice lines) separate from active gameplay footage.
• No Official Endorsement: You must not state or imply that your Fan Content is officially sponsored, endorsed, or approved by us.
• Revocation: We reserve the right to revoke this content creation and image capture license or issue a takedown notice if your Fan Content or in-Game Captures violates our community guidelines, promotes illegal activity, or infringes upon third-party rights. As outlined in connectionClause with6, theKwalee Game,retains butall will always seek your permission before otherwise using Your Content in connection with the promotion of the Game. You represent, warrant, and covenant and can demonstrate to Kwalee’s full satisfaction upon request that you (a) own or otherwise have lawfully obtained the rights to Your Content; (b) Your Content you submit, share, post, use, provide, transmit, or display on or through the Materials does not violate, misappropriate or infringe the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademarks, rights in trade secrets or confidential information and/or other intellectual property rights (“IntellectualIntellectual Property Rights”); (c) have the permission to use the name and likeness of each identifiable individual person in such Your Content and to use such individual’s identifying or personal information as contemplated by this Agreement; and (e) have the legal right and capacity to grant the UGC License to Kwalee. Kwalee may, in its sole discretion, remove, suspend, edit or disable the functionality to use Your ContentRights in the Game,underlying includingGame ifand Kwaleeits considers that Your Content is in breach of this Agreement. assets.
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6.4.3. In-Game Captures and Game Assets.
Kwalee grants you a personal, non-exclusive, revocable, and non-transferable license to capture, share, and display screenshots, photographs, and static images generated from your gameplay (“In-Game Captures”) on social media, fan sites, and personal portfolios.
Your Conduct.use of In-Game Captures is subject to the same guardrails established for Fan Content above, including the prohibitions on Paywalls and Official Endorsements. Furthermore, this license is strictly limited to capturing visual output generated during normal gameplay. You are explicitly prohibited from:
• Asset Extraction: You may not datamine, rip, extract, or export underlying game assets (including but not limited to 2D sprites, 3D models, textures, audio files, or UI elements) directly from the Game’s files.
• Commercial Merchandising: You may not use In-Game Captures or extracted game assets to manufacture, print, or sell physical merchandise (such as apparel, posters, or 3D prints) or digital products (such as NFTs or standalone asset packs).
• Third-Party Importation: You may not import extracted game assets into third-party engines, games, or software without our express written consent.
As outlined in Clause 6, Kwalee retains all Intellectual Property Rights in the underlying Game and its assets as depicted in any In-Game Captures. We reserve the right to revoke this license or issue a takedown notice if your use of In-Game Captures or assets violates these terms or infringes upon our intellectual property rights.
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(a)4.4. Your Content.
You mayare solely responsible for your conduct, your UGC and any other content you create using Game assets or related to the Game, including, but not limited to, data, text, files, information, usernames, images, graphics, photos, profiles, memes, audio and video clips, sounds, musical works, sound recordings, works of authorship, applications, links and other content or materials that you submit, upload, share, post, use, provide, transmit, or display violent,(“Your nude,Content”). You discriminatory,must illegal,ensure infringing,that hateful,you pornographic(i) own or sexually(ii) suggestivehave photos or other content via orobtained in relationadvance all necessary rights from the relevant rights owner to theuse Game.Your Content (including but not limited to any music files).
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(b)4.5. YouUser-Submitted areFiles responsiblevia forSupport anyand activityFeedback thatChannels.
When occursyou submit files such as images, videos, or documents through yourour accountsupport (ifor any)feedback andforms (including Zendesk), you agree that these files may be used by Kwalee solely for the purpose of addressing your inquiry, feedback, or complaint. Accepted file formats include but are not limited to: .jpg, .jpeg, .png, .gif, .webp, .mp4, .mov, .avi, .mkv, .pdf, .doc, .docx, .txt, .rtf, .xls, and .xlsx. You warrant that you have all necessary rights to submit such content and that it complies with applicable laws and does not infringe on any third-party rights. Kwalee will nothandle sell,such transfer,files licensein oraccordance assignwith our Privacy Policy and applicable data protection laws, taking reasonable measures to protect your account,data. followers,However, username,please orbe anyaware otherthat accounttransmission rights.of Further,files youover the internet may not createbe throughcompletely unauthorised means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper. secure.
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(c)5. YouYour agree that you are responsible for keeping any passwords or other authentication means safe and secure. Conduct
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(d)5.1. You agreemay thatnot yousubmit, areupload, responsibleshare, forpost, alluse, dataprovide, charges you incur through the accesstransmit, or usedisplay ofviolent, nude, discriminatory, illegal, infringing, hateful, pornographic or sexually suggestive photos or other content via or in relation to the Game.
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(e)5.2. You understandare responsible for any activity that occurs through your account (if any) and you agree that you usewill thenot Gamesell, andtransfer, Materialslicense ator assign your ownaccount, risk. followers, username, or any other account rights. Further, you may not create through unauthorised means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
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(f) You are solely responsible for your interaction with other users of the Game, whether online or offline.5.3. You agree that neitheryou Kwaleeare norresponsible for keeping any third party is responsiblepasswords or liableother forauthentication themeans conduct of any user. Kwalee reserves the right, but has no obligation, to monitor or become involved in disputes between yousafe and other users. secure.
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(g)5.4. KwaleeYou reservesagree that you are responsible for all data charges you incur through the right to change, suspend, removeaccess or disableuse access toof the Game and Your Content for any reason, including but not limited to complaints or allegations of infringement or other unlawful conduct, without liability to you, and at any time without notice. Game.
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(g)5.5. ThereYou mayunderstand beand linksagree from the Game, or from communicationsthat you receive from Kwalee, to third-party web sites or services. There may also be links to third-party web sites, applications, content or services within the text or images in the Game. The Game may also include third-party materials that we do not control, maintain or endorse. Functionality in the Game may also permit interactions betweenuse the Game and a third-party web site or service, including locations that connect the Game or your profile in the Game with a third-party web site or service. For example, the Game may include a feature that enables you to share content from the Game or Your Content with a third party, which may be publicly posted on that third party's web site or service. Using this functionality may require you to login to your account on the third-party web site or service and you do soMaterials at your own risk. Kwalee does not control any of these third-party web sites or services or any of their content. You expressly acknowledge and agree that Kwalee is in no way responsible or liable for any such third-party web sites or services and your dealings with third parties are at your own risk and between you and the third parties. You may choose, at your sole and absolute discretion and risk, to use applications that connect the Game or your profile on the Game with a third-party web site or service (each, an "Application") and such Application may interact with, connect to or gather and/or pull information from and to your profile. By using such Applications, you acknowledge and agree to the following: (i) if you use an Application to share information, you are consenting to personal data about your profile on the Application being shared; (ii) your use of an Application may cause personal data to be publicly disclosed and/or associated with you, even if Kwalee has not itself provided such information; and (iii) your use of an Application is at your own option and risk, and you will indemnify and hold Kwalee harmless for activity, and claims for loss or damages related to the Application.
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7.5.6. Intellectual Property Rights. You doare notsolely herebyresponsible acquirefor your interaction with other users of the Game, whether online or offline. You agree that neither Kwalee nor any Intellectualthird Propertyparty Rightis responsible or liable for the conduct of any user. Kwalee reserves the right, but has no obligation, to monitor or become involved in or relating to the Game. Asdisputes between you and Kwalee,other Kwalee owns and retains all rights including Intellectual Property Rights in the Game. You will not remove, alter or conceal any copyright, trademark, service mark or any proprietary rights notices incorporated in or accompanying the Game. users.
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8.5.7. PaymentsKwalee andreserves Fees. Thethe Game may include functionality that enables youright to receivechange, additionalsuspend, services, artifacts, content, rights,remove or licensesdisable for use within or in connection with the Game ("In Game Purchases"). In Game Purchases (i) may be used solely by you within the Game, (ii) may not be transferredaccess to another device, (iii) can be downloaded only once; and (iii) after being downloaded, cannot be replaced. All In Game Purchases are deemed to be part of the Game and subjectYour Content for any reason, including but not limited to thecomplaints termsor allegations of thisinfringement Agreement.or Youother mustunlawful acquireconduct, without liability to you, and pay for the In Game Purchases at theany apptime store,without where available. notice.
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9.5.8. Termination. ThisThere Agreementmay isbe effectivelinks uponfrom the EffectiveGame, Dateor untilfrom terminated bycommunications you orreceive from Kwalee, to third-party web sites or asservices. otherwiseThere setmay outalso be links to third-party web sites, applications, content or services within the text or images in thisthe Agreement.Game. YourThe EndGame Usermay Licensealso willinclude terminatethird-party automaticallymaterials withoutthat noticewe fromdo Kwaleenot ifcontrol, you fail to comply withmaintain or breachendorse. anyFunctionality term(s) of this Agreement. Upon termination ofin the Agreement,Game youmay willalso ceasepermit allinteractions use ofbetween the Game and uninstalla allthird-party copies,web fullsite or partial,service, including locations that connect the Game or your profile in the Game with a third-party web site or service. For example, the Game may include a feature that enables you to share content from the Game or Your Content with a third party, which may be publicly posted on that third party's web site or service. Using this functionality may require you to login to your account on the third-party web site or service and you do so at your own risk. Kwalee does not control any of thethese Game.third-party Clausesweb 2,sites 4-8or services or any of their content. You expressly acknowledge and 10-21agree inclusivethat shallKwalee surviveis in perpetuity.no way responsible or liable for any such third-party web sites or services and your dealings with third parties are at your own risk and between you and the third parties. You may choose, at your sole and absolute discretion and risk, to use applications that connect the Game or your profile on the Game with a third-party web site or service (each, an "Application") and such Application may interact with, connect to or gather and/or pull information from and to your profile. By using such Applications, you acknowledge and agree to the following: (i) if you use an Application to share information, you are consenting to personal data about your profile on the Application being shared; (ii) your use of an Application may cause personal data to be publicly disclosed and/or associated with you, even if Kwalee has not itself provided such information; and (iii) your use of an Application is at your own option and risk, and you will indemnify and hold Kwalee harmless for activity, and claims for loss or damages related to the Application.
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10.6. WarrantyIntellectual Property Rights
You do not hereby acquire any Intellectual Property Right in or relating to the Game. As between you and Disclaimer. YOUKwalee, EXPRESSLYKwalee ACKNOWLEDGEowns ANDand AGREEretains THATall USErights OFincluding THEIntellectual GAMEProperty ISRights ATin YOURthe SOLEGame. RISKYou ANDwill THATnot TOremove, THEalter FULLESTor EXTENTconceal POSSIBLEany UNDERcopyright, LAWtrademark, THEservice GAMEmark ISor PROVIDEDany ONproprietary ANrights “ASnotices IS”incorporated BASIS.in KWALEEor DISCLAIMSaccompanying ALLthe REPRESENTATIONS, WARRANTIES, COVENANTS AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, STATUTORY, ARISING BY CUSTOM OR USAGE OF TRADE, OR OTHERWISE TO THE FULLEST EXTENT PERMITTED BY LAW INCLUDING ANY WARRANTIES OR CONDITIONS OF FITNESS FOR PURPOSE, MERCHANTABLE QUALITY, SATISFACTORY QUALITY, DURABILITY, TITLE, NON-INFRINGEMENT, AND SALE BY DESCRIPTION. FOR CLARITY, NOTHING IN ANY STORE-SPECIFIC TERMS ENLARGE OR CREATE ANY OBLIGATION OR LIABILITY ON KWALEE HEREUNDER. KWALEE’S SOLE OBLIGATIONS AND LIABILITY SHALL ARISE, IF ANY, UNDER THE TERMS OF THIS AGREEMENT. Game.
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11.7. LimitationsPayments And Fees
The Game may include functionality that enables you to receive additional services, artifacts, content, rights, or licenses for use within or in connection with the Game ("In Game Purchases"). In Game Purchases (i) may be used solely by you within the Game, (ii) may not be transferred to another device, (iii) can be downloaded only once; and (iv) after being downloaded, cannot be replaced. All In Game Purchases are deemed to be part of Liability. TOthe THEGame EXTENTand NOTsubject PROHIBITEDto BYthe APPLICABLEterms LAW,of INthis NOAgreement. EVENTYou WILLmust KWALEEacquire BEand LIABLEpay FORfor PERSONALthe INJURYIn ORGame ANYPurchases INCIDENTAL,at SPECIAL,the INDIRECT,app ORstore, CONSEQUENTIALwhere DAMAGES WHATSOEVER, LOSS OF PROFITS, LOSS OF DATA, MENTAL DISTRESS, INTERRUPTION OF USE OR ACCESS, OR ANY OTHER DAMAGES OR LOSSES ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE GAME OR YOUR CONTENT, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (INCLUDING CONTRACT, TORT INCLUDING NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF KWALEE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF KWALEE ARISING FROM OR RELATED TO THIS AGREEMENT OR THE GAME OR THE USE THEREOF EXCEED THE GREATER OF (I) THE AMOUNT PAID BY YOU FOR THE USE OF THE GAME THAT GAVE RISE TO THE CLAIM, AND (II) UK £100, EVEN IF A CLAIM IS A CONTINUING ONE. IN NO EVENT SHALL ANY OFFICER, DIRECTOR, AGENT, CONTRACTOR, OR EMPLOYEE OF KWALEE OR ANY AFFIATE OF KWALEE HAVE ANY LIABILITY ARISING FROM OR RELATED TO THIS AGREEMENT AND SUCH PERSONS ARE INTENDED THIRD PARTY BENEFICIARIES OF THIS LIMITATION. NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE THE PARTIES’ LIABILITY FOR PERSONAL INJURY OR DEATH ARISING FROM THEIR NEGLIGENCE, FRAUD OR FRAUDULENT MISREPRESENTATION, OR ANY OTHER LIABILITY SOLELY TO THE EXTENT THAT THEIR LIMITATION OR EXCLUSION IS PRECLUDED BY SUCH LAWS. available.
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12.8. MaintenanceTermination
This Agreement is effective upon the Effective Date until terminated by you or Kwalee, or as otherwise set out in this Agreement. Your End User License will terminate automatically without notice from Kwalee if you fail to comply with or breach any term(s) of this Agreement. Upon termination of the Agreement, you will cease all use of the Game and Support. Youuninstall acknowledgeall thatcopies, Kwaleefull hasor nopartial, obligationof tothe furnishGame. anyClauses maintenance2, 4-7 and support,9-20 exceptinclusive whereshall requiredsurvive byin law. perpetuity.
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13.9. GoverningWarranty Law,And DisputeDisclaimer
YOU ResolutionEXPRESSLY andACKNOWLEDGE ClassAND ActionAGREE Waiver. ThisTHAT AgreementUSE isOF toTHE beGAME governedIS byAT andYOUR construedSOLE underRISK theAND lawsTHAT ofTO theTHE EnglandFULLEST andEXTENT Wales,POSSIBLE excludingUNDER anyLAW bodyTHE ofGAME lawIS governingPROVIDED conflictsON ofAN law. The“AS partiesIS” agreeBASIS. thatKWALEE theDISCLAIMS UnitedALL NationsREPRESENTATIONS, ConventionWARRANTIES, onCOVENANTS ContractsAND forCONDITIONS, theWHETHER InternationalEXPRESS SaleOR ofIMPLIED, GoodsSTATUTORY, isARISING herebyBY excludedCUSTOM inOR itsUSAGE entiretyOF fromTRADE, applicationOR toOTHERWISE thisTO Agreement.THE ExceptFULLEST toEXTENT thePERMITTED extentBY specificallyLAW prohibitedINCLUDING byANY applicableWARRANTIES lawOR inCONDITIONS yourOF jurisdiction,FITNESS anyFOR disagreementPURPOSE, orMERCHANTABLE disputeQUALITY, arisingSATISFACTORY fromQUALITY, orDURABILITY, relatedTITLE, toNON-INFRINGEMENT, thisAND AgreementSALE shallBY beDESCRIPTION. settledFOR byCLARITY, finalNOTHING andIN bindingANY arbitrationSTORE-SPECIFIC byTERMS theENLARGE LondonOR CourtCREATE ofANY InternationalOBLIGATION ArbitrationOR (LCIA)LIABILITY toON beKWALEE conductedHEREUNDER. inKWALEE’S London,SOLE England,OBLIGATIONS inAND accordanceLIABILITY withSHALL theARISE, LCIAIF ArbitrationANY, RulesUNDER (theTHE “Rules”)TERMS andOF shallTHIS be heard by one arbitrator appointed in accordance with the said Rules and to be mutually agreed to by the parties within thirty (30) days of the appointment of the arbitrator, failing which the American Arbitration Association shall appoint the arbitrator in accordance with the Rules. Each Party shall bear one half of the costs associated with the arbitration proceedings. Except to the extent specifically prohibited by applicable law in your jurisdiction, no dispute between the parties, or involving any person but you, may be joined or combined together, including in a class action without the prior written consent of Kwalee. Judgment upon the award rendered by the arbitrator may be entered in any Court having jurisdiction thereof. Notwithstanding the foregoing, Kwalee has the right to institute legal or equitable proceedings, including proceedings seeking injunctive relief, in a court of law for claims or disputes regarding: (i) amounts owed by you to Kwalee in connection with your acquisition of the Game or any portion thereof, or (ii) your violation or threatened violation of this Agreement. You irrevocably waive any objection on the grounds of venue, forum non-conveniens or any similar grounds and irrevocably consent to service of process by mail or in any other manner permitted by applicable law and irrevocably consent and attorn to the jurisdiction of the courts located in England and Wales, for any such claims, or any claims which pursuant to applicable law cannot be resolved through arbitration as set out herein. The parties agree that, in the event that there is a dispute under this Agreement and such dispute is to be resolved in a court of law, such dispute shall not be resolved by jury trial. The parties hereby waive all rights to a trial by jury in any matter related to or arising from this Agreement. AGREEMENT.
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14.10. Indemnification. YouLimitations agreeOf toLiability
TO indemnifyTHE andEXTENT holdNOT harmlessPROHIBITED Kwalee,BY itsAPPLICABLE affiliatesLAW, andAND eachTHE ofBINDING itsTERMS employees,OF contractors,ANY directors,AUTHORIZED suppliersTHIRD-PARTY andPLATFORM representativesTHROUGH fromWHICH allYOU liabilities,ACQUIRED claims,THE andGAME, expenses,IN includingNO reasonableEVENT lawyers’WILL feesKWALEE (i)BE forLIABLE allFOR third-partyPERSONAL claimsINJURY orOR demandsANY thatINCIDENTAL, ariseSPECIAL, fromINDIRECT, orOR relateCONSEQUENTIAL toDAMAGES yourWHATSOEVER, useLOSS ofOF thePROFITS, GameLOSS orOF YourDATA, Content,MENTAL andDISTRESS, (ii)INTERRUPTION fromOF anyUSE breachOR ofACCESS, thisOR AgreementANY byOTHER you.DAMAGES OR LOSSES ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE GAME OR YOUR CONTENT, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (INCLUDING CONTRACT, TORT INCLUDING NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF KWALEE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF KWALEE ARISING FROM OR RELATED TO THIS AGREEMENT OR THE GAME OR THE USE THEREOF EXCEED THE GREATER OF (I) THE AMOUNT PAID BY YOU FOR THE USE OF THE GAME THAT GAVE RISE TO THE CLAIM, AND (II) UK £100, EVEN IF A CLAIM IS A CONTINUING ONE. IN NO EVENT SHALL ANY OFFICER, DIRECTOR, AGENT, CONTRACTOR, OR EMPLOYEE OF KWALEE OR ANY AFFLIATE OF KWALEE HAVE ANY LIABILITY ARISING FROM OR RELATED TO THIS AGREEMENT AND SUCH PERSONS ARE INTENDED THIRD PARTY BENEFICIARIES OF THIS LIMITATION. NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE THE PARTIES’ LIABILITY FOR PERSONAL INJURY OR DEATH ARISING FROM THEIR NEGLIGENCE, FRAUD OR FRAUDULENT MISREPRESENTATION, OR ANY OTHER LIABILITY SOLELY TO THE EXTENT THAT THEIR LIMITATION OR EXCLUSION IS PRECLUDED BY SUCH LAWS.
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15.11. U.S.Maintenance LegalAnd Compliance. Support
You representacknowledge that Kwalee has no obligation to furnish any maintenance and warrantsupport, thatexcept (i)where you are not located in a country that is subject to a U.S. Government embargo, or that has been designatedrequired by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. If this representation and warranty is breached, you may not access, download, or use the Game. law.
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16.12. TerritorialGoverning Restrictions.Law, Dispute Resolution And Class Action Waiver
This Agreement is to be governed by and construed under the laws of the England and Wales, excluding any body of law governing conflicts of law. YouThe parties agree that the GameUnited Nations Convention on Contracts for the International Sale of Goods is hereby excluded in its entirety from application to this Agreement. Except to the extent specifically prohibited by applicable law in your jurisdiction, any disagreement or dispute arising from or related to this Agreement shall be settled by final and binding arbitration by the London Court of International Arbitration (LCIA) to be conducted in London, England, in accordance with the LCIA Arbitration Rules (the “Rules”) and shall be heard by one arbitrator appointed in accordance with the said Rules and to be mutually agreed to by the parties within thirty (30) days of the appointment of the arbitrator, failing which the LCIA Court shall appoint the arbitrator. Each Party shall bear one half of the costs associated with the arbitration proceedings. However, if you initiate arbitration seeking $1,000 (or equivalent local currency) or less in damages, Kwalee will pay or reimburse your portion of the arbitration filing and administrative fees up to a maximum of $1,000, provided the arbitrator does not determine your claim to be exported,frivolous. imported,Except used,to transferred,the extent specifically prohibited by applicable law in your jurisdiction, no dispute between the parties, or re-exported from the country in which it is provided to you. The Game is not intended for distribution to or use byinvolving any person but you, may be joined or entitycombined together, including in a class action without the prior written consent of Kwalee. Judgment upon the award rendered by the arbitrator may be entered in any Court having jurisdiction orthereof. countryNotwithstanding wherethe such distribution or use would be contrary to law or regulation or which would subjectforegoing, Kwalee to any registration requirement within such jurisdiction or country. We reservehas the right to limitinstitute thelegal availabilityor equitable proceedings, including proceedings seeking injunctive relief, in a court of law for claims or disputes regarding: (i) amounts owed by you to Kwalee in connection with your acquisition of the Game or any portion thereof, or (ii) your violation or threatened violation of this Agreement. You irrevocably waive any objection on the grounds of venue, forum non-conveniens or any similar grounds and irrevocably consent to service of process by mail or in any other manner permitted by applicable law and irrevocably consent and attorn to the jurisdiction of the Game,courts located in England and Wales, for any such claims, or any claims which pursuant to applicable law cannot be resolved through arbitration as set out herein. The parties agree that, in the event that there is a dispute under this Agreement and such dispute is to be resolved in a court of law, such dispute shall not be resolved by jury trial. The parties hereby waive all rights to a trial by jury in any person,matter geographicrelated area,to or jurisdiction,arising atfrom anythis time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that Kwalee provides. Agreement.
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17.13. Severability. IfIndemnification
You agree to indemnify and hold harmless Kwalee, its affiliates and each of its employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable lawyers’ fees (i) for all third-party claims or demands that arise from or relate to your use of the Game or Your Content, and (ii) from any term(s)breach of this Agreement is held to be invalid or unenforceable under any applicable local laws or by an applicable court, that part shall be interpreted in a manner consistent with applicable law as nearly as possible to the original intentions of the parties as set out herein and the remaining terms of the Agreement will remain valid and enforceable. you.
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18.14. NoU.S. Waiver. Kwalee’sLegal failureCompliance
You represent and warrant that (i) you are not located in a country that is subject to exercisea U.S. Government embargo, or enforcethat itshas rightsbeen underdesignated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. If this Agreementrepresentation doesand warranty is breached, you may not waiveaccess, ourdownload, rightor touse enforcethe such right. Any waiver of such rights will only be effective if it is in writing and signed by us. Game.
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19.15. Assignment.Territorial ThisRestrictions
You Agreementagree that the Game will not be exported, imported, used, transferred, or re-exported from the country in which it is personalprovided to Kwalee and you may(except, subject to clause 14 above, for your own personal, non-commercial use on a personal device while temporarily traveling). The Game is not assignintended thisfor Agreementdistribution withoutto theor expressuse writtenby consentany ofperson Kwalee.or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Kwalee shallto haveany registration requirement within such jurisdiction or country. We reserve the right to assign this Agreement to a group company. Forlimit the purposesavailability of thisthe clause “group company” means any subsidiary, affiliate or holding company of KwaleeGame or any subsidiary affiliate or holding company of such holding affiliate or subsidiary company. Kwalee shall also have the right to assign the Agreement in connection with the sale of all or a substantial partportion of the assetsGame, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of Kwaleeany content, program, product, service or inother connectionfeature with a reorganisation ofthat Kwalee or merger or amalgamation of Kwalee with another entity. provides.
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20.16. Contact Information. Should you haveSeverability
If any questions,term(s) complaints,of this Agreement is held to be invalid or claimsunenforceable relatingunder any applicable local laws or by an applicable court, that part shall be interpreted in a manner consistent with applicable law as nearly as possible to the Kwaleeoriginal orintentions of the Game,parties pleaseas contactset usout atherein [email protected]and orthe viaremaining postterms addressedof to Kwalee Ltd., Southam Road, Radford Semele, Leamington Spa, CV31 1FQ. You can find thisthe Agreement bywill visitingremain www.kwalee.com.
21. Claims of Copyright Infringement. Notifications of claimed copyright infringementvalid and counter notices must be sent to our designated agent: enforceable.
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ATTENTION:17. CopyrightNo IntakeWaiver
Kwalee’s Administrator
Address:failure Kwaleeto Ltd.,exercise Southamor Road,enforce Radfordits Semele,rights Leamingtonunder Spa,this CV31Agreement 1FQ,does Fax:not +44(0)1926waive 801100,our Email:right [email protected] to enforce such right. Any waiver of such rights will only be effective if it is in writing and signed by us.
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We18. areAssignment
This onlyAgreement ableis personal to acceptKwalee noticesand you may not assign this Agreement without the express written consent of Kwalee. Kwalee shall have the right to assign this Agreement to a group company. For the purposes of this clause “group company” means any subsidiary, affiliate or holding company of Kwalee or any subsidiary affiliate or holding company of such holding affiliate or subsidiary company. Kwalee shall also have the right to assign the Agreement in connection with the languagessale intoof whichall theseor termsa aresubstantial madepart availableof bythe us.assets of Kwalee or in connection with a reorganisation of Kwalee or merger or amalgamation of Kwalee with another entity.
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We19. willContact respondInformation
Should expeditiouslyyou have any questions, complaints, or claims relating to claimsthe ofKwalee copyright infringement committed usingor the GameGame, thatplease arecontact reportedus at [email protected] or via post addressed to ourKwalee DesignatedLtd., CopyrightSoutham AgentRoad, inRadford accordanceSemele, withLeamington applicableSpa, laws.CV31 1FQ. You can find this Agreement by visiting www.kwalee.com.
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20. Claims Of Copyright Infringement
Notifications of claimed copyright infringement and counter notices must be sent to our designated agent:
ATTENTION: Copyright Intake Administrator
Address: Kwalee Ltd., Southam Road, Radford Semele,
Leamington Spa, CV31 1FQ, United Kingdom
Email: [email protected]
We are only able to accept notices in the languages into which these terms are made available by us.
We will respond expeditiously to claims of copyright infringement committed using the Game that are reported to our Designated Copyright Agent in accordance with applicable laws.