END USER LICENSE AGREEMENT
Effective date: 2013-05-28 (b)
IMPORTANT, PLEASE READ CAREFULLY
BY EITHER REMOVING THE SHRINK WRAP AND/OR JEWEL CASE SEAL OR DOWNLOADING,
INSTALLING, COPYING, OR OTHERWISE USING THIS SOFTWARE PRODUCT, YOU AGREE TO
BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS:
1. END USER LICENSE AGREEMENT.
This end-user license agreement (“EULA”) is a legal agreement between you
(either an individual or a single entity), hereinafter sometimes referred
to as “You,” “End User” or “Licensee,” and HB Seatribe (“Seatribe” or “we”)
for the software product accompanying this EULA which includes video game
related software and may include associated media, printed media, and on-
line or electronic documentation (collectively, “Software Product” or,
alternatively, the “Game”). Any and all uses of the Software Product are
governed by the terms of this EULA. If you do not agree to the terms of
this EULA, you should not install, copy, download or use the Software
Product and in which case you should contact your vendor regarding its
return policy. If you are purchasing this Software Product from a
distributor website (a “Website”) and do not agree, click
“disagree/decline.” You agree that your use of the software acknowledges
that you have read this agreement, understand it, and agree to be bound by
its terms and conditions, and that you represent and warrant that you are
an adult and are either accepting this EULA on behalf of yourself or on
behalf of your child or ward, as the case may be. If the End User has not
attained the age of majority, he/she is obliged to obtain the necessary
permission in the form required by law from the parents or other legal
representatives. No child under the age of 13 is allowed to play the Game.
2. OWNERSHIP.
It is hereby understood and agreed that Seatribe and Paradox Interactive AB
(“Paradox”) are the owners of all right titles, ownership rights,
intellectual property rights and interests in and to the Software Product
and all copies thereof (including without limitation any titles, computer
codes, themes, objects, characters, character names, stories, dialog, catch
phrases, locations, concepts, artworks, character inventories, structural
or landscape designs, animations, sounds, musical compositions and
recordings, audio-visual effects, storylines, character likenesses, methods
of operation, moral rights, and any related documentation), regardless of
the media or form of the original download, whether online, by disk or
otherwise. You, as Licensee, through your downloading, installing, copying
or use of this product do not acquire any ownership rights to the Software
Product.
3. GENERAL.
The Software Product is licensed, not sold, to you for use only under the
terms and conditions of this EULA. The Software Product is protected by
copyright laws and international copyright treaties, as well as other
intellectual property laws and treaties. The rights granted herein are
limited to the Software Product and do not include any other patents or
intellectual property rights. The Software Product may contain license
management software (also known as digital rights management software) that
restricts your use of the Software Product.
4. SOFTWARE PRODUCT.
The Software Product, as used in this EULA, means, collectively and/or as
applicable:
A. The Software Product package;
B. Any and all contents, components, attachments, software, media, and
code with which this EULA is provided and delivered via disk or a
Website;
C. Any and all game design, characters, images, graphics, photographs,
art, art work, clip art, text, fonts, music, sounds, voices or
other sensory content (the “Game Content”);
D. Related explanatory written materials and instructions, and any
other possible documentation related thereto (“Documentation”); and
E. Upgrades, modified versions, updates, additions, expansion packs
and copies of the Software Product (the “Upgrades”), if any,
provided to you under this EULA.
The terms of this EULA will govern any Upgrades provided that replace
and/or supplement the original Software Product, unless such Upgrade is
accompanied by a separate license in which case the terms of that license
will govern.
5. GRANT OF LICENSE AND RESTRICTIONS.
A. Subject to your agreement to and continuing compliance with this
EULA, Seatribe hereby grants, and you hereby accept, a limited, non-
exclusive, non-transferable End User license to: (1) install the
Software Product on the local hard disk(s) or other permanent
storage media of one computer, or, on one other game play device
owned by you or under your legitimate control (each a “Unit”); and
(2) use the Software Product for non-commercial entertainment
purposes only. Licensee may physically transfer the Software
Product between Units provided that it is used on only one Unit at
any given time.
B. Unless provided otherwise in the Documentation, you shall not
display, modify, reproduce and distribute any Game Content, or
portion(s) thereof, included with or relating to the Software
Product, if any. Any such authorized display, modification,
reproduction and distribution shall be in full accord with this
EULA. Under no circumstances will your use, display, modification,
reproduction and distribution of the Game Content give you any
intellectual property or proprietary rights in the Game Content or
in any logos and/or trade or service marks displayed in the Game.
C. Except for the initial loading of the Software Product on a hard
disk or other permanent storage media for archival/backup purposes,
you shall not, without Seatribe’s express written consent:
i. Copy or reproduce, auction, loan, lease, sublicense, gift or
transfer the Software Product;
ii. Electronically transfer the Software Product through a LAN
(local area network) or file sharing network; or
iii. Modify, adapt, translate, reverse engineer, derive source
code from, disassemble, decompile or create derivative works
based on the Software Product or any accompanying materials
registered in the server of the Software Product.
Notwithstanding the foregoing, End User shall have the right,
at his/her own risk, to adjust and rearrange the content of
the Software Product while using the Game at their own end as
long as these adjustment are allowed and included in the rule
of the Game. End User acknowledges that Seatribe shall not be
liable for any such readjustment done by End User in the
course of a part while playing the Game.
D. By accepting the terms of this EULA, you further agree that you
will not, under any circumstances:
i. use, develop or sell cheats, automation software (bots),
hacks, mods or any other unauthorized third-party software
designed to modify the Software Product;
ii. exploit the Software Product or any of its part for any
commercial purpose, including without limitation (a) use at a
cyber café, computer gaming center or any other location-
based site; (b) for gathering in-game currency, items or
resources for sale outside the Game; or (c) performing in-
game services in exchange for payment outside the Game, e.g.,
power-leveling;
iii. remove, disable or circumvent any security protections,
proprietary notices or labels contained on or within the
Software Product; or
iv. use any obscene, pornographic, provocative or racist language
or material on the Forums and chats relating to the Game.
Any use of the Software Product in violation of these limitations will be
regarded as an infringement to this EULA and will be pursued to the fullest
extent permissible under the law.
6. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
A. From time to time, at Seatribe’s sole discretion, Seatribe may
provide you with support services related to the Software Product
(“Support Services”). Seatribe reserves the right to alter,
suspend, and terminate the Support Services at any time and for any
reason. You can contact Seatribe for Support Services at: .
B. Any supplemental software, code, content, or media provided to you
in the course of Support Services shall be considered part of the
Software Product and subject to the terms and conditions of this
EULA.
C. You shall not modify, sublicense, assign, or transfer the Software
Product or any rights under this EULA, except as expressly provided
in this EULA. Any attempt to otherwise sublicense, assign, or
transfer any of the rights, duties, or obligations will be void.
D. Seatribe shall have the right, at any time, without notice to the
End User to: (1) unilaterally suspend or modify the Game process
and the Game conditions; (2) modify or delete any information
posted by End User on the Forum and chats relating to the Game,
including statements and declarations; and (3) improve or modify
the Game, or any of its part. As a consequence, End User can
participate in the Game in its current version.
E. End User agrees to take appropriate measures to ensure the safety
of its account in the Game and passwords and to prevent
unauthorized use of these by a third party. If End User has reason
to believe that third parties have obtained such information or can
obtain it, the End User shall immediately inform Seatribe and
change its data. Unauthorized access by any third parties to End
User’s personal information, account and in-game currency account
in the Game is strictly forbidden. End User agrees and acknowledges
that he/she shall not sell, give or transfer its account, in-game
currency account or personal information to any third parties.
7. COLLECTION AND USE OF PERSONAL INFORMATION.
Seatribe and Paradox shall have the right to collect End User’s
personal and technical information, including but not limited to
name, user ID, country of residence, language, email address, IP
address, computer configuration and software usage, which is
gathered periodically to facilitate the provision of software
updates, product support and other services related to the Software
Product. Seatribe and Paradox may use this information to improve
their products or to provide services or technologies to End User.
Such information shall not be sold or transferred to any third
parties without the prior consent of End User.
8. ADDITIONAL SERVICES.
“Additional services” means providing the user with additional,
special in-game features for a fee under the conditions specified in
this Agreement. Additional services are not a necessary condition for
participation in the Game and are provided by End User’s request only.
Additional services consist of the in-game currency that can be
purchased by the End User in the game and the game values that can be
provided only when the End User is in the game. As a condition to the
use of additional services, End User acknowledges and agrees that:
A. No one under the age of 18 is permitted to purchase in-game
currency. If it comes to Seatribe’s or Paradox’s attention that
End User under the age of 18 has purchased some in-game
currency, Seatribe and Paradox have the right to immediately
cancel that End User’s account and the entire account balance
will be deemed forfeited.
B. A maximum limit of ten thousand U.S. dollar (US$ 10,000) applies
to in-game currency that can be purchased in total per week by
one End User.
C. If End User does not enter the game by “logging in” to his/her
account for a period of three hundred and sixty five (365) days,
Seatribe has the right to immediately cancel the End User’s
account and the entire account balance and in-game currency will
be deemed abandoned and forfeited.
D. Seatribe and Paradox do not perform the exchange of the in-game
values obtained from the provided services, including the in-
game currency, to cash or non-cash money.
E. The list and cost of additional services, and the methods and
conditions of purchasing the in-game currency are published on
the Web-site of the Game. For policies and procedures of the
payment systems used to purchase the in-game currency, the End
User shall contact the legal holders of such payment systems.
Neither Paradox nor Seatribe will make any explanations to the
End User regarding the rules and procedures of such payment
systems. No money compensation will be made to End User who
performed funds transfer operations to purchase the in-game
currency using the payment systems, if such payments were to
failed and as the result the money was not received.
Notwithstanding the foregoing, the End User is obliged to keep
documents proving the payment of additional services for the
whole time period the End User stays in the game, and, if such
documents are requested by Paradox or Seatribe, the End User
shall provide them.
F. If you choose to use additional services, you shall be obliged
to indicate in the information file the following data: first
name, surname, date of birth and other information that will
allow to identify the actual person with the User account in the
Game. End Users shall be solely responsible for the accuracy,
completeness, reliability, and correctness of their personal
data.
G. If Paradox has reason to think that the End User performs
illegal activities or fraud related to payments of additional
services in the Game, Paradox has the right to send relevant
information to law enforcement bodies to investigate these
facts.
H. If Paradox or Seatribe has reason to believe or suspects that
the End User is exploiting any defects in the Game or is
maliciously using any third party software to increase his/her
amount of in-game currency, or if Paradox or Seatribe has reason
to believe that such increase of in-game currency originates
from a flaw in the system, Paradox and Seatribe have the right
to immediately delete that End User’s account and the entire
account balance shall be deemed forfeited.
I. If End User is prohibited from receiving on-line game services
by the legislation of their country or in case of any other
legal restrictions, including age restrictions, End User shall
not be allowed to use the Game or individual services in the
Game. In this case End User shall be solely responsible for the
use of the Game on the territory of their country in accordance
with local laws.
J. End User agrees to take appropriate measures to ensure the
safety of its account in the Game and passwords and to prevent
unauthorized use of these by a third party. If End User has
reason to believe that third parties have obtained such
information or can obtain it, End User shall immediately inform
Seatribe and change their data. Unauthorized access by any third
parties to End User’s personal information, account and in-game
currency account in the Game is strictly forbidden. End User
agrees and acknowledges that he/she shall not sell, transfer or
give its account, in-game currency account or personal
information to any third parties.
K. Money, paid by End User for an additional service, is not
subject to return and neither Seatribe nor Paradox shall be
liable for the loss of the End User’s in-game values.
L. End User agrees, understands and accepts that this game is not a
gambling or cash game, contest or betting and that purchase of
additional services is End User’s own will and desire and is not
necessary or mandatory to participate in the game and the game
process.
9. TERM.
A. This License is effective until terminated. Licensee may terminate
it at any time by destroying the Software Product with all copies,
full or partial, and removing all of its component parts. Seatribe
may terminate this Agreement at any time for any reason. Upon such
termination, all licenses granted herein shall immediately
terminate and you must immediately and permanently destroy all
copies of the Game in your possession and control and remove the
Software Product from your hard drive. The term of this EULA runs
concurrently with the period during which the consumer uses and
retains the Software Product. If the Software Product is
transferred (to the extent allowed under this EULA), the license is
transferred with it.
B. Your rights under this EULA will terminate automatically without
notice if you fail to comply with any term(s) or condition(s) of
this EULA. In such event, no notice shall be required by Seatribe
to effect such termination.
C. Upon termination of this EULA, you shall cease all use of the
Software Product and destroy all copies, full or partial, together
with all backup copies, modifications, printed or written
materials, and merged portions in any form and remove all component
parts of the Software Product which have been downloaded onto your
Unit.
10. INTELLECTUAL PROPERTY RIGHTS.
A. You acknowledge that Seatribe and Paradox shall retain all right,
title, and interest in the Software Product and to any
modifications or improvements made thereto, and any upgrades,
updates or Documentation provided to End User.
B. You acknowledge Seatribe and Paradox’s exclusive rights in the
Software Product and that the Software Product is unique and
original. Unless otherwise permitted by law, End User shall not,
at any time during or after the effective Term of the Agreement,
dispute or contest, directly or indirectly, Seatribe’s or Paradox’s
exclusive right and title to the Software Product or the validity
thereof.
C. You shall not attempt to develop any Software Product that contains
the “look and feel” of any of the Software Product.
D. You hereby expressly agree not to extract information, reverse
engineer, disassemble, decompile, or translate the Software
Product, or otherwise attempt to derive the source code of the
Software Product, except to the extent allowed under any applicable
law or allowed by the rules of the Game. In the event that such
activities are permitted by applicable law, any information you, or
your authorized agent, discover shall be promptly disclosed to
Seatribe and shall be deemed the confidential information of
Seatribe.
11. EXPORT LAW ASSURANCES.
You may not export or re-export the Software Product except as authorized
by United States law and the laws of the jurisdiction in which the Software
Product was obtained. In particular, but without limitation, the Software
Product may not be exported or re-exported (a) into or to a nation or a
resident of any U.S. embargoed countries or (b) to anyone on the U.S.
Treasury Department’s list of Specially Designated Nationals or the U.S.
Department of Commerce Denied Person’s List or Entity List. By installing
or using any component of the Software Product, you represent and warrant
that you are not located in, under control of, or a national or resident of
any such country or on any such list.
12. DISCLAIMER OF WARRANTIES.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE PRODUCT IS AT
YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY,
PERFORMANCE, AND ACCURACY IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, THE SOFTWARE PRODUCT IS PROVIDED “AS IS,” WITH ALL FAULTS
AND WITHOUT WARRANTY OF ANY KIND, AND SEATRIBE AND PARADOX HEREBY DISCLAIM
ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE PRODUCT, EITHER
EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY,
OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND
NON-INFRINGEMENT OF THIRD PARTY RIGHTS. SEATRIBE DOES NOT WARRANT AGAINST
INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE PRODUCT, THAT THE
FUNCTIONS CONTAINED IN THE SOFTWARE PRODUCT WILL MEET YOUR REQUIREMENTS,
THAT THE OPERATION OF THE SOFTWARE PRODUCT OR THE ADDITIONAL SERVICES WILL
BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE PRODUCT
WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY
SEATRIBE OR A SEATRIBE AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY.
SHOULD THE SOFTWARE PRODUCT PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF
ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION ON APPLICABLE
STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY
NOT APPLY TO YOU.
13. LIMITATION OF LIABILITY.
A. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
SHALL SEATRIBE, PARADOX, THEIR AFFILIATES OR LICENSEES, BE LIABLE
FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES
WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS
INFORMATION, LOSS OF IN-GAME CURRENCY AND VALUES OR ANY OTHER
PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE
SOFTWARE PRODUCT OR DEFECT IN OR CAUSED BY THE SOFTWARE PRODUCT,
INCLUDING BUT NOT LIMITED TO COMPROMISING THE SECURITY OF YOUR
UNIT, OPERATING SYSTEM OR FILES, OR THE PROVISION OF OR FAILURE TO
PROVIDE SUPPORT SERVICES.
B. Seatribe does not accept liability for: (1) any possible criminal
actions committed by End User; (2) statements of the End User, made
or published on the Forums and chats relating to the Game, or End
User’s behavior in the Game, including the conduct, manner and
ideology of the in-game characters, managed by the End User,
actions of in-game characters in the Game, disrespect for other End
Users and their in-game characters; (3) the loss of access means by
the End Users to their in-game accounts (loss of login, password
and other information required for participation to the Game); and
(4) the loss of the End User’s in-game currency and values provided
by the Game or purchased by End User.
C. IN ANY CASE, SEATRIBE’S OR PARADOX’S ENTIRE LIABILITY UNDER ANY
PROVISION OF THIS EULA SHALL BE SOLELY LIMITED TO THE AMOUNT
ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT (EXCLUDING THE AMOUNT
PAID BY YOU TO GET IN-GAME CURRENCY) OR REPLACEMENT OF THE SOFTWARE
PRODUCT WITH PRODUCT OF COMPARABLE RETAIL VALUE, AS SEATRIBE OR
PARADOX MAY ELECT IN THEIR SOLE DISCRETION; PROVIDED HOWEVER, IF
YOU HAVE ENTERED INTO A SUPPORT SERVICES AGREEMENT, SEATRIBE’S
ENTIRE LIABILITY REGARDING SUPPORT SERVICES SHALL BE GOVERNED BY
THE TERMS OF THAT AGREEMENT. BECAUSE SOME STATES AND JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU IN PART OR WHOLE.
14. DEFECTS AND SECURITY WARNING.
A. WITHOUT LIMITING THE FOREGOING, SEATRIBE DOES NOT ENSURE
CONTINUOUS, ERROR-FREE, SECURE OR VIRUS-FREE OPERATION OF THE
SOFTWARE PRODUCT.
B. WARNING: BY INSTALLATION AND/OR USE OF THE SOFTWARE PRODUCT, YOU
MAY BE INSTALLING INTO YOUR UNIT SOFTWARE THAT IS ALLEGED OR MAY BE
ALLEGED TO COMPROMISE THE SECURITY OF YOUR UNIT, ITS OPERATING
SYSTEM AND FILES. IF AT ANY TIME YOU WISH TO DE-INSTALL THE
SOFTWARE PRODUCT BECAUSE YOU BELIEVE THE SECURITY OF YOUR UNIT,
OPERATING SYSTEM OR FILES MAY BE OR HAS BEEN COMPROMISED, YOU MAY
NEED TO EXECUTE A SEPARATE ROUTINE TO DE-INSTALL THE FEATURE THAT
MAY BE COMPROMISING YOUR SECURITY. DAMAGES YOU MAY RECOVER FOR ANY
SUCH ALLEGED SECURITY BREACHES ARE SUBJECT TO THE LIMITATION OF
LIABILITY AS SET FORTH HEREIN.
15. INDEMNIFICATION
You hereby agree to indemnify, defend and hold harmless Seatribe, Paradox,
their affiliates and their respective officers, employees, directors,
agents, licensees (excluding you), sublicensees (excluding you), successors
and assigns from and against any and all liability, costs, losses, damages,
and expenses (including reasonable attorneys’ fees and expenses) arising
out of any claim, suit, or cause of action relating to and/or arising from
(a) your breach of any term of this EULA; (b) your violation of any rights
of any third party; or (c) your use or misuse of the Software Product.
Your indemnification obligations set forth in the immediately preceding
sentence shall survive the termination of this EULA.
16. GOVERNING LAW.
A. Informal Negotiations: To expedite resolution and control the cost
of any dispute, controversy or claim related to this EULA
(“Dispute”), you agree to first attempt to negotiate any Dispute
informally for at least thirty (30) days before initiating any
arbitration or court proceeding. You will send your notice to HB
Seatribe, Blockhusvägen 46, 187 46 Täby, Sweden.
B. Governing Law and Dispute Resolution: This EULA will be governed by
and construed in accordance with the laws of Sweden. This EULA
shall not be governed by the United Nations Convention on Contracts
for the International Sale of Goods, the application of which is
expressly excluded. By agreeing to these terms and conditions, in
the event of any claim you may have arising from or related to the
Software Product or this EULA you agree to the exclusive personal
and subject matter jurisdiction of the courts located in Stockholm,
Sweden for making and resolving any such claims, and hereby waive
any right to participate in any type of law suit brought and/or
maintained as a class action or similar in nature to a class
action. Seatribe reserves the right to make any claim against you
and seek and be granted any legal or equitable remedy against you
in any court anywhere in the world.
17. WAIVER & SEVERABILITY.
A failure on the part of Seatribe to act with respect to a breach by you or
others of this EULA does not waive our right to act with respect to
subsequent or similar breaches. If for any reason a court of competent
jurisdiction finds any provision, or portion thereof, to be unenforceable,
the remainder of this EULA shall continue in full force and effect.
18. ALL RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY SEATRIBE.