END USER LICENSE AGREEMENT

This End User License Agreement (the EULA) is a legal agreement between you
(either in your individual capacity, or on behal o an entity), hereater sometimes reerred
to as you, Licensee, or End User and !A"#$%&E' &ames, a(s( in order to give you
a license to use the &ame as set orth in this Agreement under the conditions in this
Agreement, as well as to use the additional (mandatory) services provided by
!A"#$%&E' &ames, a(s( (
)y clic*ing the acceptance button that ollows this EULA and+or using the &ame (as
deined below), you ac*nowledge that you have read this EULA, understand its terms
and conditions, and agree to be bound by such terms and condition(
1. Definitions:
a. The term , &ame , means products supplied by !A"#$%&E' &ames, a(s( and it also
includes any updates or upgrades(
b. The term User Account means the online account that is necessary or the
registration and authori-ation, or details please see. madingergames(com+privacy(html
c. The term /onsumer means a Licensee who is a natural person who licensed the
&ame(
d. The term #ree 0ersion means &ame that is provided by !A"#$%&E' &ames, a(s(
to you or ree(
e. End 1 user licence agreement 1 sometimes reerred to as 2 EULA 2 or 2Licence 2(
2. Ownes!i"#Inte$$ect%a$ &o"et' Ri(!ts:
a. 3ou, as Licensee, through your downloading, installing or use o this product do not
ac4uire any ownership rights to the &ame( The &ame is protected by intellectual
property laws and treaties( The rights to use the &ame as set out in this Agreement are
licensed, not sold, to you by !A"E#$%&E' &ames, a(s((
b. Third party trademar*s, trade names, product names and logos may be the
trademar*s or registered trademar*s o their respective owners( 3ou may not remove or
alter any trademar*, trade names, product names, logo, copyright or other proprietary
notices, legends, symbols or labels in the &ame( This EULA does not authori-e you to
use !A"#$%&E' &ames5 or its licensors6 names or any o their respective trademar*s(
c. As between you and !A"#$%&E' &ames, a(s(, !A"#$%&E' &ames, a(s( is the
owner o all right, title and interest in and to the &ame (including all copyrights,
trademar*s and patents) regardless o the media or orm o the &ame7 whether online,
by dis* or otherwise(
d. 3ou shall not, at any time during or ater the eective Term o the EULA, dispute or
contest, directly or indirectly, !A"#$%&E' &ames5e8clusive right and title to the &ame
or the validity thereo(
e. 3ou shall not attempt to develop any &ame that contains the loo* and eel o any o
the &ame, or is otherwise derivative o the &ame(
). License (ant:
a. Under the condition that.
9 3ou have legally ac4uired the rights to the &ame,
9 paid the applicable price and
9 have registered and 3ou hold valid User Account,
!A"#$%&E' &ames, a(s( grants 3ou a personal, limited, non9e8clusive license to install
and use the &ame or your personal, noncommercial use solely as set orth in this
License and any accompanying documentation( Any commercial use is prohibited( 3ou
are e8pressly prohibited rom sublicensing, renting, leasing or otherwise distributing the
&ame or rights to use the &ame( The term o your license shall commence on the date
that you start to download, install or otherwise use the &ame, and shall end on the
earlier o the date that you dispose o the &ame or !A"#$%&E' &ames5 termination o
this License( 3ou may not translate, reverse engineer, decompile, disassemble, or create
derivative wor*s rom the &ame(
b. 3ou may download the &ame rom an authori-ed source( The number o copies that
you can download during a consecutive period o days may be limited( 3ou may not
ma*e a copy o the &ame available on a networ* where it could be used by multiple
users at the same time( 3ou may not ma*e the &ame available over a networ* where it
could be downloaded by multiple users(
c. 3ou ac*nowledge and agree that the &ame may use inormation regarding your
computer, hardware, media, sotware and your use o the &ame to validate your license
rights and to update the &ame(
d. 3ou agree that the &ame may automatically download and install updates, upgrades
and additional eatures that !A"#$%&E' &ames, a(s( deems reasonable, beneicial to
you and+or reasonably necessary( 3ou ac*nowledge and agree that any obligation
!A"#$%&E' &ame, a(s( may have to support the previous version(s) may be ended
upon the availability o the update, upgrade and+or implementation o additional eatures(
e. $n order to ta*e part in the :hadowgun. "ead;one &ame, participants (Licensees)
must be <= years o age or older(
f. Licensees are solely responsible or their behavior in the game and chat(
(. 3ou are not allowed to modiy the game content or behavior by any *ind o hac*s or
unoicial cheats(
!. Licensees are responsible or protecting their Accounts rom access by others( 3ou
are strongly encouraged to select a hard9to9guess password and not re9use that
password on any other sites where it may be read by the owners or administrators o
that site(
*. Consent to Co$$ection and Use of Data.
a. "uring the process o registration and unloc*ing, updating or upgrading the &ame and
when technical support is provided, !A"#$%&E' &ames, a(s( may collect and use
technical inormation or improvement o the &ame or or support purposes(
b. !A"#$%&E' &ames, a(s( may trac* and collect inormation rom your use o the
&ame and aggregate such "ata( This "ata is anonymous( 3ou may decide whether or
not this "ata to be aggregated by !A"#$%&E' &ames, a(s(
c. !A"#$%&E' &ames, a(s( *nows that inormation about our customers is an
important part o our business( !A"#$%&E' &ames, a(s( would never sell 3our
personally identiiable inormation to anyone, nor would it ever use spyware or install
spyware on users5 machines(
d. >ersonal inormation that 3ou give !A"#$%&E' &A!E:, a(s( directly and
inormation that !A"#$%&E' &ames, a(s( collects as speciied in section b( o this
article will be used or purposes such as improving our products and services,
troubleshooting bugs and otherwise to improve your user e8perience(
e. #urther inormation about !A"#$%&E' &ames, a(s( data collection and privacy
policies or the user account can be ound at madingergames(com+privacy(html(
+. Cond%ct Settin(s
a. )y installing and using &ame you ac*nowlledge and agrese that you will not to .
9 create a alse identity or purposes o misleading others,
9 violate the rights o others, deame, abuse, harass, threaten, spam or otherwise
interere with others5use u the &ame,
9 publish, transer or distribute any inappropriate, indecent, obscene, oul or unlawul
conduct,
9 transer, stream or otherwise ma*e available materi?l that contains viruses, Tro@an
horses, worms, time bombs, cancel bots, corrupted ines or any other similar material
that may damage the device(
,. Li-itation of Liabi$it'
a. !A"#$%&E' &ames, a(s shall only be liable without restriction according to the
statutory provisions or any damages o the Licensee caused by intentional or gross
negligent conduct o !A"#$%&E' &ames, a(s or its agents( The same applies to
personal in@ury and damages according to the /-ech >roduct Liability Act or comparable
laws in other @urisdictions that may apply(
b. Atherwise, the liability o !A"#$%&E' &ames, a(s( or damage claims 1 or whatever
legal reason 1 is limited in accordance with the ollowing conditions, unless otherwise
provided by an e8plicit guarantee o !A"#$%&E' &ames, a(s( or damages caused by
slight negligence, !A"#$%&E' &ames, a(s is only liable insoar as they cause damage
to contractual obligations (cardinal obligations)( /ardinal obligations are those
contractual obligations which must be ulilled in order to ensure orderly implementation
o the contract and in whose observance the Licensee should be able to trust( $nsoar as
!A"#$%&E' &ames, a(s( is responsible or simple negligence hereater, the liability o
!A"#$%&E' &ames, a(s( is limited to the typically oreseeable losses(
c. The above liability restrictions shall also apply to agents o !A"#$%&E' &ames,
a(s( (
d. 3ou agrese that provisions in this License that limit liability are essential terms o this
Licence(
.. Inde-nification:
a. Licensee agrees to indemniy, deend and hold harmless !A"#$%&E' &ames, a(s(
and its ailiates and their respective oicers, employees, directors, agents, licensees
(e8cluding you), sublicensees (e8cluding you), successors and assigns rom and against
any and all liability, costs, losses, damages, and e8penses (including reasonable
attorneysB ees and e8penses) arising out o any claim, suit, or cause o action relating to
and+or arising rom
(a) your breach o any term o this EULA7
(b) your violation o any rights o any third party7 or
(c) your use or misuse o the &ame(
3our indemniication obligations set orth in the immediately preceding sentence shall
survive the termination o this EULA(
/. T!id &at' Content and Ga-e
a. The &ame may utili-e or include third party content, sotware or other copyrighted
material (Third >arty /ontent)( 3our use o such third party material is governed by
their respective terms and conditions( )y accepting this EULA, you are also accepting
the additional terms and conditions, o the third party ( !A"#$%&E' &ames, a(s(
e8pressly disclaims any all warranties in connection with the Third >arty /ontent, and
shall have no liability in connection therewith(
b. 3our use o the &ame may allow you to connect with third party applications or
websites (Third >arty Applications)( 3our use o the Third >arty Applications is
governed by the terms and conditions thereo( )y accepting this EULA, you are also
accepting the additional terms and conditions, i any, set orth therein( !A"#$%&E'
&ames, a(s( e8pressy disclaims and all warranties in connection with the Third >arty
Applications, and shall have no liability in connection therewith(
c. !A"#$%&E' &ames, a(s is not liable or costs arising out o services demanded by
the Licensee that are not provided by !A"#$%&E' &ames, a(s( ( This shall in particular
apply to costs o data transer rom or to the LicenseeBs device to a third party(
0. Te-ination of t!e License
a. The Licensee may terminate this EULA at any time by destroying the &ame together
with all copies in any orm( This EULA will also terminate automatically upon conditions
set orth elsewhere in this EULA, or i the Licensee ails to comply with any term or
condition o this EULA, without notice to the Licensee( The Licensee agrees upon such
termination to destroy the &ame together with all copies in any orm(
b. !A"#$%&E' &ames, a(s( may terminate this EULA immediately when Licensee
breaches terms and condtions o this EULA ( !A"#$%&E' &ames, a(s( is @ustiied
immediately to inhibit the Licensee to use the &ame (
11. Go2enin( Law#&$ace of &efo-ance and 3%isdiction#Dis"%te Reso$%tion:
a. E8clusively /-ech law applies, with the e8ception o the its conlicts9 o9 law rules,
even i the Licensee has his+her residential or business seat abroad( $ the Licensee is a
/onsumer, this choice o law shall not, however, have the result o depriving the
consumer o the protection aorded to him by provisions that cannot be derogated rom
by agreement by virtue o the law which, in the absence o choice, would have been
applicable(
b. #or all present and uture claims rom this Agreement, the e8*lusive @urisdiction is
)rno( The same @urisdiction applies i the Licensee has no general @urisdiction inside
/-ech 'epublic, i he+she relocates his+her residence or habitual abode out o the
country, or i his+her residence or habitual abode is not *nown at the time o institution o
legal proceedings( !andatory regulations o the /ouncil 'egulation (E/) on Curisdiction
and the 'ecognition and Enorcement o Cudgments in /ivil and /ommercial !atters are
unaected hereby(
11. Genea$
a. The Licensee can only oset claims o !A"#$%&E' &ames, a(s( with undisputed or
legally established counterclaims( The Licensee can only e8ercise a right o retention i
his+her counterclaim is based on the same contractual relationship( The transer o the
Licensee6s claims against !A"#$%&E' &ames, a(s( is prohibited(
b. All rights not e8plicitly granted in this agreement are reserved(
c. The ailure or delay o !A"#$%&E' &ames, a(s( to e8ercise any o its rights under
this EULA or upon any breach o this EULA shall not be deemed a waiver o those rights
or o the breach(
d. This agreement constitutes the complete and e8clusive agreement between
!A"#$%&E' &ames, a(s( and Licensee with respect to the sub@ect matter hereo and
supersedes all proposals, representations, understandings and prior agreements,
whether oral or written, and all other related communication between the parties( All
rights not e8plicitly granted in this agreement are reserved( Any clause in this
agreement, which is ound to be invalid or unenorceable shall be deemed deleted and
the rest o this agreement shall remain unaected(
e. %othwithstanding any provisions in this Agreement to the contrary, we agrese that i
!A"#$%&E' &ames, a(s( ma*es any uture changes to this Agreement you may re@ect
any such change by sending us written notice within =D days o the change(