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.
1. Granting of rights
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:
removing or altering copyright notices or symbols on or in a copy of the game;
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;
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;
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);
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;
using the game or parts thereof for commercial purposes, in particular
offering third parties, for commercial ends, the opportunity to play the game (e.g. in a cyber cafe, computer gaming centre or other location)
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.)
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
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
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
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.
If you have any questions or would like to give us feedback regarding this EULA, please contact us at:
Smilegate Games GmbH