1. GRANT OF LICENSE
1.1. Subject to the terms and conditions of this Agreement, IN4VIC grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable, royalty-free license to download, install and use the Game Software for your personal and non-commercial use.
1.2. The license does not give you any title or ownership in the Game Software, and should not be construed as a sale or transfer, or any other form of assignment, other than described in Clause 1.1 of this Agreement above, of any intellectual property rights to the Game Software. All rights not specifically granted under this Agreement are reserved by IN4VIC.
1.3. While using the Game Software, you may not: (a) directly or indirectly, sell, rent out, lease, license, distribute, market, exploit or otherwise transfer the Game Software or any of its parts for commercial purposes; (b) use the Game Software on more than one computer, game console, mobile device or handheld device at the same time; (c) modify, alter, or create any derivative works of the Game Software; (d) reverse engineer, derive source code, modify, decompile, disassemble, copy, or create derivative works of the Game Software, in whole or in part; (e) remove, disable or circumvent any security protections, proprietary notices or labels contained on or within the Game Software; (f) collect or store any personally identifiable information from the Game Software or from other users of the Game Software without their express permission.
2.1. All title, ownership rights and intellectual property rights in and to the Game Software (including, without limitation, all text, graphics, music or sounds, all messages or items of information, fictional characters, names, themes, objects, scenery, costumes, effects, dialogues, slogans, places, characters, diagrams, concepts, choreographies, videos, audio-visual effects, domain names and any other elements which are part of the Game Software, individually or in combination) and any and all copies thereof are owned by IN4VIC.
2.2. The Game Software is protected by the copyright laws of the Sweden, international copyright treaties and conventions, and other applicable laws.
3. DISCLAIMERS AND LIMITATION OF LIABILITY
3.1. The Game Software includes the Unreal® Engine code and other code, materials, and information (the “Epic Materials”) from Epic Games, Inc. (“Epic”). The Game Software and all Epic Materials are provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind. IN4VIC, Epic, and Epic’s affiliates disclaim all warranties, conditions, common law duties, and representations (express, implied, oral, and written) with respect to the Game Software and Epic Materials, including without limitation all express, implied, and statutory warranties and conditions of any kind, such as title, non-interference with your enjoyment, authority, non-infringement, merchantability, fitness or suitability for any purpose (whether or not IN4VIC or Epic knows or has reason to know of any such purpose), system integration, accuracy or completeness, results, reasonable care, workmanlike effort, lack of negligence, and lack of viruses, whether alleged to arise under law, by reason of custom or usage in the trade, or by course of dealing. Without limiting the generality of the foregoing, IN4VIC, Epic, and Epic’s affiliates make no warranty that (1) the Game Software or any of the Epic Materials will operate properly, including as integrated in the Game Software, (2) that the Game Software and Epic Materials will meet your requirements, (3) that the operation of the Game Software and Epic Materials will be uninterrupted, bug free, or error free in any or all circumstances, (4) that any defects in the Game Software and Epic Materials can or will be corrected, (5) that the Game Software and Epic Materials are or will be in compliance with a platform manufacturer’s rules or requirements, or (6) that a platform manufacturer has approved or will approve this Game Software or will not revoke approval of this Game Software for any or no reason. Any warranty against infringement that may be provided in Section 2-312 of the Uniform Commercial Code of the United States of America or in any other comparable statute is expressly disclaimed by IN4VIC and Epic. IN4VIC, Epic, and Epic’s affiliates do not guarantee continuous, error-free, virus-free, or secure operation of or access to the Game Software and Epic Materials. This paragraph will apply to the maximum extent permitted by applicable law.
3.2. To the maximum extent permitted by applicable law, neither IN4VIC, Epic, Epic’s licensors, nor its or their affiliates, nor any of IN4VIC’s or Epic’s service providers, shall be liable in any way for loss or damage of any kind resulting from the use or inability to use the Game Software and Epic Materials or otherwise in connection with this Agreement, including but not limited to loss of goodwill, work stoppage, computer failure, or malfunction, or any and all other commercial damages or losses. In no event will IN4VIC, Epic, Epic’s licensors, nor its or their affiliates, nor any of IN4VIC’s or Epic’s service providers be liable for any loss of profits or any indirect, incidental, consequential, special, punitive, or exemplary damages, or any other damages arising out of or in connection with this Agreement or the Game Software or the Epic Materials, or the delay or inability to use or lack of functionality of the Game Software or the Epic Materials, even in the event of IN4VIC’s, Epic’s, or Epic’s affiliates’ fault, tort (including negligence), strict liability, indemnity, product liability, breach of contract, breach of warranty, or otherwise and even if IN4VIC, Epic or Epic’s affiliates have been advised of the possibility of such damages. These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate compensation.
3.3. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for actual, consequential or incidental damages, in such states or jurisdictions, the liability of IN4VIC, Epic, Epic’s licensors, its and their affiliates, and any of IN4VIC’s or Epic’s service providers shall be limited to the full extent permitted by law.
4. CHANGES TO THE AGREEMENT OR TO THE GAME SOFTWARE
4.1. IN4VIC reserves the right, in its sole and absolute discretion, to revise, update, change, modify, add to, supplement, or delete certain terms of this Agreement for security, legal, best practice or regulatory reasons. Such changes will be effective with or, as applicable, without prior notice to you. You are responsible for checking this Agreement periodically for changes. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in agreement or compliance with this Agreement, you may terminate this Agreement in accordance with Section 6 of this Agreement and must immediately uninstall the Game Software and destroy all copies of the Game Software. Your continued use of the Game Software following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes.
4.2. IN4VIC may modify the Game Software for any reason or without any specific reason, at any time and at its entire discretion, in particular for technical reasons such as updates, maintenance operations and/or resets to improve and/or optimize the Game Software. You agree that the Game Software may install or download the modifications automatically. You agree that IN4VIC may stop to support previous versions of the Game Software upon availability of an updated version. IN4VIC’s channel partners and associated service providers shall have no obligation to furnish any maintenance or customer support with respect to the Game Software.
5. COLLECTION OF PERSONAL DATA
5.1. In order to provide you with a better game experience, adapted services and the Game Software support, IN4VIC may collect and store data about you in relation to your use of the Game Software and/or your connection information. Certain data is recorded, archived, analysed and used to create user statistics.
5.2. Your privacy is very important to IN4VIC and IN4VIC will not reveal your personal data to third parties except when expressly authorised by you to do so or in special circumstances. IN4VIC may be under a duty to disclose or share your personal data in order to comply with a legal obligation, or in order to protect IN4VIC’s rights and those of other users and third parties. In addition, IN4VIC reserves the right to collect, store and use anonymous data about you.
6. TERM OF THE AGREEMENT AND TERMINATION
6.1. This Agreement is effective from the earlier of the date you purchase, download or use the Game Software, until terminated according to its terms.
6.2. You and IN4VIC may terminate this Agreement, at any time, for any reason.
6.3. Termination by IN4VIC will be effective upon (a) notice to you or (b) at the time of IN4VIC’s decision to discontinue offering and/or supporting the Game Software. This Agreement will terminate automatically if you fail to comply with any of the terms and conditions of this Agreement.
6.4. Upon termination of this Agreement for any reason, you must immediately uninstall the Game Software and destroy all copies of the Game Software in your possession.
7. APPLICABLE LAW AND DISPUTE RESOLUTION
7.1. Any disputes or claims arising out of or in connection with this Agreement are governed by and construed in accordance with the laws of Sweden.
7.2. Any dispute arising with respect to this Agreement, the Game Software, or any related service will be referred to and finally resolved [by the competent court in accordance with the laws of Sweden].
8.1. Upon a request by IN4VIC, you agree to defend, indemnify, and hold IN4VIC and its affiliates harmless from all liabilities, claims, losses, costs and expenses, including attorney's fees, that arise from (a) your use of, or activities in connection with the Game Software; (b) any violation of the Agreement by you; or (c) any allegation that any content that you make available via the Game Software infringes or otherwise violates the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party. IN4VIC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with IN4VIC in asserting any available defenses. The provisions of this Clause shall remain in force after termination of this Agreement.
9.1. This Agreement represents the complete agreement between you and IN4VIC concerning the Game Software and supersedes all prior agreements and representations, warranties or understandings between you and IN4VIC regarding the subject matter.
9.2. In case any of the provisions of this Agreement becomes invalid, unlawful or unenforceable in accordance with the applicable law, all other provisions of this Agreement remain in full force and effect.
9.3. Considering that the Game Software may be accessible worldwide, we make no representation that the Game Software is appropriate or available for use in locations where its content may be construed as illegal or prohibited by local laws. Those who choose to access the Game Software from such locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
9.4. You may not assign this Agreement or any of your rights and obligations hereunder without the prior consent of IN4VIC, and any such assignment in violation of this Clause, shall be void.