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By pressing accept, you acknowledge and agree that the provisions of this End User Licence Agreement (“Agreement”) is entered into as immediately effective by and between you (“End User” or “Receiving Party”) and Dinomite AB, (“Disclosing Party”), a company incorporated under the laws of Sweden.
RECITALS
Upon End Users‘s acceptance of the Agreement, the receiving party will be given access to Information which is the property of the Disclosing Party. All End Users will be accepted into any beta test program at the sole discretion of the Disclosing Party.
IT IS AGREED AS FOLLOWS:
1. Confidential Information
1.1. In this Agreement, unless the context otherwise requires, “Confidential Information” shall mean all information and material whether commercial, financial, technical, creative or
otherwise, including without limitation all secret or confidential information, of or relating to the Disclosing Party or its affiliates, suppliers and customers in whatever form supplied,
together with any details of games, programs, software, business methods and systems, customer lists, contact information, all analyses, compilations, data, studies, method of presentation, look and feel of presentation, or other documents or materials prepared by the Disclosing Party and all such information, data or material prepared by the Receiving Party which are derived from or in connection with the Disclosing Parties Confidential Information, data or material or which contain or are based in whole or in part upon such information and material.
2. Confidentiality Obligations
2.1. The Receiving Party acknowledges that the Confidential Information is a valuable, special, and unique asset belonging to the Disclosing Party. The Receiving Party agrees to keep the
Confidential Information of the Disclosing Party strictly confidential and save as expressly permitted under this Agreement not to disclose such Confidential Information to any other
person, firm, corporation, association or other entity for any reason or purpose whatsoever.
2.2. The Receiving Party agrees that it shall not copy, utilize, employ, exploit, reverse engineer, or in any other manner whatsoever use the Confidential Information without the written
consent of the Disclosing Party
3. Title
3.1. All Confidential Information of the Disclosing Party is acknowledged by the Receiving Party to be the property of the Disclosing Party and the Receiving Party acknowledges that all
rights, including copyright, data and trade secret protection and all other intellectual and industrial property rights therein, shall remain the property of the Disclosing Party and disclosure of the Confidential Information to the Receiving Party by the Disclosing Party shall not be deemed to confer any rights in respect of the Confidential Information to the
Receiving Party
4. Standard of Care
4.1. The Receiving Party agrees that it shall protect the Confidential Information of the Disclosing Party by storing and handling the Confidential Information in a secure manner, to
prevent unauthorized disclosure.
5. Return of Confidential Information
5.1. The Receiving Party shall ensure that:
a) Any Confidential Information disclosed pursuant to the terms of this Agreement, and any copies thereof, in whatever medium, shall be returned or destroyed (upon the request of the Disclosing Party and at the Disclosing Party’s discretion) and the Receiving Party shall provide (when requested by the Disclosing Party) a written statement to the effect that upon such return or destruction the Receiving Party has not retained in its possession or under its control, either directly or indirectly, any Confidential Information or copies thereof in any form and that all copies thereof in any electronic storage medium have been deleted. The Receiving Party shall comply with any such request within seven (7) days of receipt of such request; and
b) Any part of the Confidential Information including analyses, compilations, studies, or other documents prepared by or for the Receiving Party will be destroyed on request of the Disclosing Party, such destruction to be confirmed by the Receiving Party in writing
6. Excluded Information
6.1. The obligations of confidentiality of this Agreement shall not apply to any Confidential Information that:
a) is in possession of the Receiving Party prior to receipt from the Disclosing Party as evidenced by its records;
b) is or becomes publicly known or is available to a third party, otherwise than as a consequence of a breach of this Agreement; and
c) is disclosed by the Receiving Party to satisfy the legal demand of a competent court of law or government body, provided that the Receiving Party shall advise the Disclosing Party prior to disclosure so that the Disclosing Party has an opportunity to defend, limit or protect against such disclosure, and provided that the Receiving Party will disclose only that portion of the Confidential Information which is legally required to be disclosed, and provided that the Receiving Party will exercise its reasonable efforts to obtain a protective order or other reliable assurance that confidential treatment will be accorded to any Confidential Information required to be disclosed.
7. Representations & Warranties
7.1. The Receiving Party represents that it has full power and authority, including any age restrictions according to applicable law, to enter into and perform this Agreement. The
Receiving Party acknowledges that the Disclosing Party makes no representation or warranty as to the accuracy or completeness of the Confidential Information.
8. Indemnity
8.1. The Receiving Party agrees fully and effectively to keep the Disclosing Party indemnified from any losses, damages, claims, liabilities, costs, or expenses (including legal fees) arising directly or indirectly from any breach of its obligations hereunder
8.2. The Receiving Party agrees that, in addition to monetary damages for a breach by it of the provisions of this Agreement, the Disclosing Party shall be entitled to specific performance, injunction or other equitable relief together with all associated costs as further remedy for such breach.
9. Notices
9.1. All notices, demands or other communications by a Party under this Agreement shall be given or made in writing and shall be delivered or sent by e‐mail, addressed to the party to whom they are directed and shall be deemed to have been received by the Receiving Party upon transmission by the Disclosing Party. Disclosing Party may also deliver such messages through in‐game or service provider (e.g. Steam) messaging.
10. Receiving Party’s Duties & Data Privacy
10.1. Receiving Party agrees to report any flaws, errors or imperfections discovered in any software or other materials to which Receiving Party has been granted access. Receiving Party understands that prompt and accurate reporting is the purpose of the Receiving Party and undertakes to use best efforts to provide frequent reports on all aspects of the product
both positive and negative and acknowledges that any improvements, modifications, and changes arising from or in connection with the Receiving Party’s contribution to the Software,
remain or become the exclusive property of the Disclosing Party.
11. Data Processing
11.1. Receiving Party acknowledges that by accessing the software or by participation in any prior or future playtest such as alpha/beta tests, may require collection, with your permission, of your email and other contact information in order to be able to reach you or evaluate your feedback. In certain cases, and upon informing you, we may even collect details about your hardware. We will only collect this information to be able to improve the quality of our product. Dinomite AB will only collect, use, store, and transfer (process) your personal information in accordance with applicable data protection legislation, including but not limited to the (EU) General Data Protection Regulation (2016/679) (“GDPR”) and applicable national data protection.
11.2. Legal Grounds for processing your data:
11.3.1. Dinomite AB does not and will not sell personal information from our users. We only disclose your data strictly as stated in this policy. We may only share information with the types of third parties described below and always ensure, when sharing information, that such third parties adhere to the same principles.
11.3.2. Third party that perform services such as, e.g., quality assurance, website management and hosting, shipping, customer support applications or email communications. In such instances, your personal information will be shared with these agents, contractors, or partners but only for the purpose of performing services on behalf of Dinomite AB and in accordance with this policy.
11.3.3. Parties with whom it might be necessary when required by law or in connection with legal proceedings; to prevent harm to Dinomite AB or its customers; for the prevention and detection of crime or the apprehension or prosecution of offenders; to protect the rights or property of Dinomite AB.
11.3.4. Parties with whom it might be necessary to complete a financial or corporate transaction such as a merger or sale of assets.
11.3.5. Dinomite AB’s associated companies, meaning legal entities directly or indirectly controlling or controlled by or under common control with the Studio, irrespective of
the country of registration of such legal entity. Such sharing may be necessary due to collaborations and cross‐utilization of competencies.
11.4. How to Access and Control Your Personal Information
11.4.1. You can view, edit, or delete the data we collect about you by reaching out to us directly to info@dinomitegames.com
12. Risks
12.1. Receiving Party understands that the Software is provided “as is” and may contain faults or errors that result in unexpected consequences. Receiving Party accepts and acknowledges that use of the software is entirely at the Receiving Party’s own risk and is without warranty, implied or otherwise. In no event will Disclosing Party be liable for any damages whatsoever or any consequential damages whether resulting from impaired or lost data or software or computer failure, or any other cause, or from any other claim by a Receiving Party or any third party.
13. Additional Terms and Provisions
13.1. You are not permitted to:
13.2. End User's accounts (including but not limited to any Steam key codes provided to allow access to the Software) are non‐transferable under any circumstances; any such keys will be revoked at the discretion of the Disclosing Party.
13.3. Local laws in your respective jurisdiction may require that you are of a certain age in order to enter into certain legally binding arrangements such as the terms of this Agreement. In the event that you are under the required age, you may not continue to use the Software, unless your parent or legal guardian has reviewed and agreed to these terms.
13.4. The Receiving Party shall execute and deliver such other documents and do such other acts and things as may be necessary or desirable to carry out the terms, provisions,
and purposes of this Agreement.
13.5. No amendment, modification, or waiver of any provisions of this Agreement shall be effective unless made in writing and signed by the Disclosing Party.
13.6. The failure to enforce at any time or for any period any one or more of the provisions of this Agreement shall not be a waiver of them or of the right at any time subsequently to enforce all terms and conditions of this Agreement.
13.7. Headings are used for convenience only and shall not affect the meaning orconstruction of the contents of this Agreement.
14. Governing Law
14.1. This Agreement shall be governed by and construed in accordance with the laws of Sweden, excluding any conflict of law provisions. Any legal dispute shall be exclusively
submitted to, and decided by, the competent court of Uppsala, Sweden.
15. Entire Agreement, Severability & Survivability
15.1. This Agreement contains the entire agreement of the parties with respect to the subject matter of this Agreement and supersedes all prior agreements between the parties,
whether written or oral.
15.2. If any term or provision of this Agreement shall be held by any judicial, arbitral, regulatory, or other public authority of competent jurisdiction to be invalid, illegal, or unenforceable in any respect, it will be to that extent omitted and the validity or enforceability of the remainder of this Agreement shall not be affected.
15.3. Except as explicitly stated otherwise, all obligations of this Agreement shall survive the termination, for whatever reason, of this Agreement, unless otherwise agreed by the Disclosing Party in writing.
16. Counterparts & Termination
16.1. This Agreement may be executed in counterparts, all of which shall constitute one agreement, and each such counterpart shall be deemed to have been made, executed, and
delivered on the date of acceptance by the End User.
16.2. This Agreement is effective until terminated. Receiving Party may terminate this Agreement at any time by: (i) removing the Software from their hard drive; and (ii) notifying the Disclosing Party of their intention to terminate this Agreement. The Disclosing Party may terminate this Agreement at its sole discretion for any reason or no reason. In such event, Receiving Party must immediately remove the Software from their hard drive.
RECITALS
Upon End Users‘s acceptance of the Agreement, the receiving party will be given access to Information which is the property of the Disclosing Party. All End Users will be accepted into any beta test program at the sole discretion of the Disclosing Party.
IT IS AGREED AS FOLLOWS:
1. Confidential Information
1.1. In this Agreement, unless the context otherwise requires, “Confidential Information” shall mean all information and material whether commercial, financial, technical, creative or
otherwise, including without limitation all secret or confidential information, of or relating to the Disclosing Party or its affiliates, suppliers and customers in whatever form supplied,
together with any details of games, programs, software, business methods and systems, customer lists, contact information, all analyses, compilations, data, studies, method of presentation, look and feel of presentation, or other documents or materials prepared by the Disclosing Party and all such information, data or material prepared by the Receiving Party which are derived from or in connection with the Disclosing Parties Confidential Information, data or material or which contain or are based in whole or in part upon such information and material.
2. Confidentiality Obligations
2.1. The Receiving Party acknowledges that the Confidential Information is a valuable, special, and unique asset belonging to the Disclosing Party. The Receiving Party agrees to keep the
Confidential Information of the Disclosing Party strictly confidential and save as expressly permitted under this Agreement not to disclose such Confidential Information to any other
person, firm, corporation, association or other entity for any reason or purpose whatsoever.
2.2. The Receiving Party agrees that it shall not copy, utilize, employ, exploit, reverse engineer, or in any other manner whatsoever use the Confidential Information without the written
consent of the Disclosing Party
3. Title
3.1. All Confidential Information of the Disclosing Party is acknowledged by the Receiving Party to be the property of the Disclosing Party and the Receiving Party acknowledges that all
rights, including copyright, data and trade secret protection and all other intellectual and industrial property rights therein, shall remain the property of the Disclosing Party and disclosure of the Confidential Information to the Receiving Party by the Disclosing Party shall not be deemed to confer any rights in respect of the Confidential Information to the
Receiving Party
4. Standard of Care
4.1. The Receiving Party agrees that it shall protect the Confidential Information of the Disclosing Party by storing and handling the Confidential Information in a secure manner, to
prevent unauthorized disclosure.
5. Return of Confidential Information
5.1. The Receiving Party shall ensure that:
a) Any Confidential Information disclosed pursuant to the terms of this Agreement, and any copies thereof, in whatever medium, shall be returned or destroyed (upon the request of the Disclosing Party and at the Disclosing Party’s discretion) and the Receiving Party shall provide (when requested by the Disclosing Party) a written statement to the effect that upon such return or destruction the Receiving Party has not retained in its possession or under its control, either directly or indirectly, any Confidential Information or copies thereof in any form and that all copies thereof in any electronic storage medium have been deleted. The Receiving Party shall comply with any such request within seven (7) days of receipt of such request; and
b) Any part of the Confidential Information including analyses, compilations, studies, or other documents prepared by or for the Receiving Party will be destroyed on request of the Disclosing Party, such destruction to be confirmed by the Receiving Party in writing
6. Excluded Information
6.1. The obligations of confidentiality of this Agreement shall not apply to any Confidential Information that:
a) is in possession of the Receiving Party prior to receipt from the Disclosing Party as evidenced by its records;
b) is or becomes publicly known or is available to a third party, otherwise than as a consequence of a breach of this Agreement; and
c) is disclosed by the Receiving Party to satisfy the legal demand of a competent court of law or government body, provided that the Receiving Party shall advise the Disclosing Party prior to disclosure so that the Disclosing Party has an opportunity to defend, limit or protect against such disclosure, and provided that the Receiving Party will disclose only that portion of the Confidential Information which is legally required to be disclosed, and provided that the Receiving Party will exercise its reasonable efforts to obtain a protective order or other reliable assurance that confidential treatment will be accorded to any Confidential Information required to be disclosed.
7. Representations & Warranties
7.1. The Receiving Party represents that it has full power and authority, including any age restrictions according to applicable law, to enter into and perform this Agreement. The
Receiving Party acknowledges that the Disclosing Party makes no representation or warranty as to the accuracy or completeness of the Confidential Information.
8. Indemnity
8.1. The Receiving Party agrees fully and effectively to keep the Disclosing Party indemnified from any losses, damages, claims, liabilities, costs, or expenses (including legal fees) arising directly or indirectly from any breach of its obligations hereunder
8.2. The Receiving Party agrees that, in addition to monetary damages for a breach by it of the provisions of this Agreement, the Disclosing Party shall be entitled to specific performance, injunction or other equitable relief together with all associated costs as further remedy for such breach.
9. Notices
9.1. All notices, demands or other communications by a Party under this Agreement shall be given or made in writing and shall be delivered or sent by e‐mail, addressed to the party to whom they are directed and shall be deemed to have been received by the Receiving Party upon transmission by the Disclosing Party. Disclosing Party may also deliver such messages through in‐game or service provider (e.g. Steam) messaging.
10. Receiving Party’s Duties & Data Privacy
10.1. Receiving Party agrees to report any flaws, errors or imperfections discovered in any software or other materials to which Receiving Party has been granted access. Receiving Party understands that prompt and accurate reporting is the purpose of the Receiving Party and undertakes to use best efforts to provide frequent reports on all aspects of the product
both positive and negative and acknowledges that any improvements, modifications, and changes arising from or in connection with the Receiving Party’s contribution to the Software,
remain or become the exclusive property of the Disclosing Party.
11. Data Processing
11.1. Receiving Party acknowledges that by accessing the software or by participation in any prior or future playtest such as alpha/beta tests, may require collection, with your permission, of your email and other contact information in order to be able to reach you or evaluate your feedback. In certain cases, and upon informing you, we may even collect details about your hardware. We will only collect this information to be able to improve the quality of our product. Dinomite AB will only collect, use, store, and transfer (process) your personal information in accordance with applicable data protection legislation, including but not limited to the (EU) General Data Protection Regulation (2016/679) (“GDPR”) and applicable national data protection.
11.2. Legal Grounds for processing your data:
- We will only use and process personal information from you for one of the following reasons:
- to fulfil a contract we have with you (for example, when you purchase a game);
- when it is our legal duty (for example, to identify your age and make sure we are not collecting data from young children);
- when you consent to it (for example, when subscribing to our newsletter); or
- when it is in our legitimate interest (for example, to enforce our policies, manage our everyday
- business, for direct marketing purposes, to ensure information security, to prevent fraud or to transfer the data to different part of the organization when necessary).
11.3.1. Dinomite AB does not and will not sell personal information from our users. We only disclose your data strictly as stated in this policy. We may only share information with the types of third parties described below and always ensure, when sharing information, that such third parties adhere to the same principles.
11.3.2. Third party that perform services such as, e.g., quality assurance, website management and hosting, shipping, customer support applications or email communications. In such instances, your personal information will be shared with these agents, contractors, or partners but only for the purpose of performing services on behalf of Dinomite AB and in accordance with this policy.
11.3.3. Parties with whom it might be necessary when required by law or in connection with legal proceedings; to prevent harm to Dinomite AB or its customers; for the prevention and detection of crime or the apprehension or prosecution of offenders; to protect the rights or property of Dinomite AB.
11.3.4. Parties with whom it might be necessary to complete a financial or corporate transaction such as a merger or sale of assets.
11.3.5. Dinomite AB’s associated companies, meaning legal entities directly or indirectly controlling or controlled by or under common control with the Studio, irrespective of
the country of registration of such legal entity. Such sharing may be necessary due to collaborations and cross‐utilization of competencies.
11.4. How to Access and Control Your Personal Information
11.4.1. You can view, edit, or delete the data we collect about you by reaching out to us directly to info@dinomitegames.com
12. Risks
12.1. Receiving Party understands that the Software is provided “as is” and may contain faults or errors that result in unexpected consequences. Receiving Party accepts and acknowledges that use of the software is entirely at the Receiving Party’s own risk and is without warranty, implied or otherwise. In no event will Disclosing Party be liable for any damages whatsoever or any consequential damages whether resulting from impaired or lost data or software or computer failure, or any other cause, or from any other claim by a Receiving Party or any third party.
13. Additional Terms and Provisions
13.1. You are not permitted to:
- Modify any software and files provided (“Software”) in any capacity, unless otherwise specified by the Disclosing Party or their representatives.
- Reverse engineer the Software or make third party programs that would otherwise tamper with the Software’s original code.
- Reproduce, resell, copy, or distribute the Software for monetary gain.
- Use the Software in a way which breaches any applicable local, national, or international law.
- Use the Software for any purpose that the Disclosing Party considers is a breach of this Agreement.
- Abuse Software mechanics and features in a way that provide a significant unfair advantage over other players.
- Use racist, xenophobic, homophobic, transphobic or any derogatory terms that could insult a person’s ethnicity, religion and/or identity.
- Use the Software and its features to create third party tools for commercial purposes.
- Use the Software and its features to create so called real money trading environments.
13.2. End User's accounts (including but not limited to any Steam key codes provided to allow access to the Software) are non‐transferable under any circumstances; any such keys will be revoked at the discretion of the Disclosing Party.
13.3. Local laws in your respective jurisdiction may require that you are of a certain age in order to enter into certain legally binding arrangements such as the terms of this Agreement. In the event that you are under the required age, you may not continue to use the Software, unless your parent or legal guardian has reviewed and agreed to these terms.
13.4. The Receiving Party shall execute and deliver such other documents and do such other acts and things as may be necessary or desirable to carry out the terms, provisions,
and purposes of this Agreement.
13.5. No amendment, modification, or waiver of any provisions of this Agreement shall be effective unless made in writing and signed by the Disclosing Party.
13.6. The failure to enforce at any time or for any period any one or more of the provisions of this Agreement shall not be a waiver of them or of the right at any time subsequently to enforce all terms and conditions of this Agreement.
13.7. Headings are used for convenience only and shall not affect the meaning orconstruction of the contents of this Agreement.
14. Governing Law
14.1. This Agreement shall be governed by and construed in accordance with the laws of Sweden, excluding any conflict of law provisions. Any legal dispute shall be exclusively
submitted to, and decided by, the competent court of Uppsala, Sweden.
15. Entire Agreement, Severability & Survivability
15.1. This Agreement contains the entire agreement of the parties with respect to the subject matter of this Agreement and supersedes all prior agreements between the parties,
whether written or oral.
15.2. If any term or provision of this Agreement shall be held by any judicial, arbitral, regulatory, or other public authority of competent jurisdiction to be invalid, illegal, or unenforceable in any respect, it will be to that extent omitted and the validity or enforceability of the remainder of this Agreement shall not be affected.
15.3. Except as explicitly stated otherwise, all obligations of this Agreement shall survive the termination, for whatever reason, of this Agreement, unless otherwise agreed by the Disclosing Party in writing.
16. Counterparts & Termination
16.1. This Agreement may be executed in counterparts, all of which shall constitute one agreement, and each such counterpart shall be deemed to have been made, executed, and
delivered on the date of acceptance by the End User.
16.2. This Agreement is effective until terminated. Receiving Party may terminate this Agreement at any time by: (i) removing the Software from their hard drive; and (ii) notifying the Disclosing Party of their intention to terminate this Agreement. The Disclosing Party may terminate this Agreement at its sole discretion for any reason or no reason. In such event, Receiving Party must immediately remove the Software from their hard drive.