EULA

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End User Licensing Agreement for CrossFire Europe

This End User Licensing Agreement ("EULA") defines the extent to which and the terms under which you are permitted to use the game software CrossFire Europe provided free of charge by Smilegate Games GmbH (hereinafter "Smilegate", " we" or "us"). Upon your expression of consent to this EULA, a licensing agreement becomes effective between you (hereinafter " you", or "end user") and us in respect of the elements of the game software CrossFire Europe protected by copyright or other statutory protection rights, including the software codes, game interface, any updates which might be provided by us, patches and extensions, in-game items (virtual assets) and instructions (hereinafter, the "Game" or the "Game Software"). All rights which are not expressly granted to you in this Agreement will remain with Smilegate.

If you do not agree with the conditions of this EULA, you may not install, activate or use the game. The use of the game requires a Smilegate user account ("Smilegate Account") to be created, on the basis of our Terms of Use http://gamerage.com/Home/TOU/EN. During the registration of the Smilegate Account as well as the use of the game, we collect, store and process personal data. The data processing occurs exclusively on the basis of the consent granted by you as well as on the basis of statutory provisions governing permissions. You can find the content of the Declarations of Consent as well as comprehensive information on the type, extent and purpose of the data processing undertaken in connection with the game in our Privacy Policy http://gamerage.com/Home/PrivacyPolicy/EN.

The use of the game is only permitted for adults or minors with the consent of their parents or legal guardians. Effective consent on the part of a parent or legal guardian may only be granted if the parent or legal guardian has had the opportunity to read this EULA as well as our Terms of Use and Privacy Policy.

1. Granting of rights

On the basis and according to the conditions of this EULA, we hereby grant you a personal, non-exclusive licence to install this game software and use it in accordance with our Terms of Use.

To this end, we grant you a non-transferable and non-exclusive right to install the game on your private computer, to access the game and to use it for non-commercial purposes. You are entitled to install the game on a number of computers and to make - solely for back-up and archiving purposes - copies of the game.

2. Unauthorised use

You are expressly prohibited from the following:

  1. removing or altering copyright notices or symbols on or in a copy of the game;

  2. copying, reproducing, renting, lending, leasing or sublicensing the game. Further distribution is only permitted within the strict limits set by the case law on the exhaustion of copyright in software;

  3. deactivating or circumventing any security measures designed to prevent unauthorised use of the game, such as digital rights management, proprietary notices or designations which are intended to appear within the game;

  4. modifying, adapting, translating, reverse engineering, decompiling or disassembling the game unless you are expressly permitted to do so by law (e.g. Sec. 69 e German Copyright Act);

  5. using, in the game or in connection with the game, cheats, bots or any other unauthorised software or technology from a third party which have been designed to modify the game or otherwise interfere in the intended course of the game;

  6. using the game or parts thereof for commercial purposes, in particular

(a) offering third parties, for commercial ends, the opportunity to play the game (e.g. in a cyber cafe, computer gaming centre or other location)

(b) providing third parties, in return for payment, services related to the game and/or offering third parties, in return for payment, game features, player skills, game achievements etc. (e.g. power leveling, gold-farming, etc.)

  1. using the game in a manner which does not comply with applicable laws.

3. Anti-Cheat Measures

When you play online we monitor the gameplay through so called "anti-cheat software" to establish whether users are using cheating software or are interfering with the gameplay intended by the game in any other unauthorised way ("cheating"). This anti-cheat software is installed together with the game on your end device.

Whenever you connect to our game online, the anti-cheat software checks the course of your game, the game files and, in the operation of the working memory (RAM) of your hardware, to identify unauthorised third party programs running simultaneously with your game and modifications to game files which facilitate or support cheating. "Non-authorised third party programs" in this sense means, for example, "add-ons", "mods", "hacks", "trainers", or other "cheats" which enable you to interfere with the gameplay stipulated by the game, or to modify this.

In the event that the anti-cheat software discovers the use of an unauthorised third party program, or any other prohibited interference in the gameplay of the game, the game will automatically end and we will receive the information that a respective violation has occurred via your user account, specifying the date, time and classification of the violation. The anti-cheat software will be deactivated when you end the connection to the game server.

4. User generated content

Some game elements will, where necessary, offer you the option to create your own content and make it available to other users ("User Generated Content"). By creating User Generated Content within the game, you grant Smilegate and its associated companies the exclusive right, royalty-free and in perpetuity, to use your User Generated Content in connection with the game, in particular the right to reproduce, distribute, broadcast, make it available to the public and to otherwise communicate it to the public, provided this occurs on the basis of our Terms of Use and Privacy Policy, with a direct connection to Crossfire Europe. Smilegate is authorised to edit your content to the extent as may be required, for example, for technical reasons.

You hereby declare and warrant that your User Generated Content does not violate any statutory prohibitions or infringe any rights of third parties. Smilegate is not obligated to use your User Generated Content and is entitled to restrict or remove your User Generated Content upon discovery of a violation of the aforementioned declaration.

Should you be of the opinion that User Generated Content of other users infringes your rights or the rights of third parties, you may notify our support thereof accordingly.

5. Patches, updates and changes

You have no right to the use of a specific version or a specific software status of the game on the basis of this EULA. We reserve the right to supply patches or updates to the game at any time, for example to effect improvements, to remedy software bugs or other problems, to balance out the game or to add, remove, or modify functions. The EULA does not establish any right to have such changes made nor any right to the unchanged continued existence of the original game.

6. Licence Term and Termination

The licence commences as soon as you accept this EULA and ends

  • when you delete the software or

  • when Smilegate stops the operation or the support of the game software, whereby Smilegate will notify you of this in a timely manner and will adequately take into account your interests; or

  • when Smilegate contractually terminates this licence on the basis of this EULA or our Terms of Use.

Without prejudice to any additional rights of termination as stipulated in our Terms of Use, we are entitled to terminate this EULA with immediate effect if the end user uses the game in violation of a provision of this EULA or beyond the scope stipulated in this EULA and such use is not stopped within a reasonable time period upon the request of Smilegate. The right to termination without notice for cause remains unaffected thereby.

You may, at any time, demand the deletion of your account and your data. Details on the deletion of your personal details can be found in our Privacy Policyhttp://gamerage.com/Home/PrivacyPolicy/EN.

Once this EULA has ended, you may not use the game any longer and must destroy or delete any and all copies of the game in your possession or located on your data storage media.

7. Limited Scope of services

As software is, by its nature, complex, we do not guarantee that the game will meet your expectations and will be available with no limitations in all circumstances and without interruptions. You also generally have no right to the continued availability of specific functions as the game is the subject of ongoing further developments.

8. Limitation of liability

Our liability in relation to the game is, except in cases of injury to body, life, or health, limited to cases of intent and gross negligence. Moreover we shall only be liable for the culpable infringement of essential contractual obligations ("principal obligations") whose fulfilment is essential for the fulfilment of the contract and on whose fulfilment you are entitled to rely. Liability in the event of simple negligent infringement of such an essential contractual obligation is limited to typical damage that was foreseeable for us at the time of conclusion of this EULA in light of the prevailing circumstances.

Liability on the grounds of the German Product Liability Act (Produkthaftungsgesetz) or guarantees undertaken by us remain unaffected by this.

9. Virtual currency

You have the option to purchase virtual currency for some Smilegate Services which you may use within the game to unlock certain functions, achievements or upgrades e.g. in the form of virtual goods ("In-Game Items"), boosts and features (hereinafter "Virtual Goods"). The purchase of Virtual Goods grants you a non-transferable and non-sub-licensable right, tied to your Smilegate Account, to use the corresponding function or service, as was offered or described to you in the game. Virtual goods may, depending on their description, be time limited or be bound by a limited number of uses. For more detailed information on the purchase of virtual currency and Virtual Goods, please see our Terms of Use http://gamerage.com/Home/TOU/EN.

10. Arbitration and consumer dispute resolution

Your concerns in relation to this EULA or the game can be resolved via our support. We trust that we will be able to resolve conflicts with the user amicably. We will therefore not participate in consumer arbitration before a consumer arbitration body as per the German Consumer Dispute Resolution Act (Verbraucherstreitbeilegungsgesetz, VSBG) or the Online Dispute Resolution Regulation (ODR Regulation).

Information on online dispute resolution as per Art. 14 (1) ODR Regulation:

The EU Commission has provided an internet platform for the online resolution of disputes ("ODR platform"). The ODR platform can be used as a contact point for the extrajudicial resolution of disputes arising from online purchase contracts or service contracts. The ODR platform can be found at the internet address http://ec.europa.eu/consumers/odr.

11. Updating these terms

We may update this EULA for genuine reasons, in particular as a reaction to new technical developments, changes to case law, the legal situation or other equivalent reasons. We will notify you clearly and distinctly of any such changes and their precise content at least four weeks in advance of their coming into effect. By continuing to use the game after the changes come into effect, you declare that you agree to the changes and are legally bound by them.

12. Applicable law

This EULA as well as all non-tortious disputes in relation to the software are governed by German law. Mandatory consumer protection regulations of the jurisdiction in which the customer has his/her permanent residence will remain unaffected by this choice of law.

13. Contact

If you have any questions or would like to give us feedback regarding this EULA, please contact us at:

Smilegate Games GmbH
Bergmannstraße 72
10961 Berlin

legal@smilegate-global.com