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FAERIA® END USER LICENSE AGREEMENT (EULA)
Last Modified: January 22, 2016 - 12:30 CET

Faeria® (the “Game”) is a free-to-play, session-based, multiplayer online strategy card game developed and operated by Abrakam SA (“Abrakam”). This agreement also covers the Early Access period of Faeria®, during which the Game won’t be accessible for free.

Protecting Faeria® (our “Game”) as well as our players and the community is something we value a lot, this is why we are laying down this EULA which acts as a legal agreement between you and us (Abrakam SA) and describes the terms and conditions for using the Game. Reading legal documents is no fun and this is why we have tried to keep it as short as possible. Simply speaking, if you break these rules we may stop you from using our Game. If we think it is necessary, we might even have to ask our lawyers to help out. Please read, print (or save at tree) and save a copy of these terms and conditions for your records because a copy won't be saved for you.
If you buy, download, use or play our Game, you are agreeing to stick to the rules of these end user license agreement ("EULA") terms. If you don't want to or can't agree to these rules, then you must not buy, download, use or play our Game. This EULA incorporates our Terms of Use, Privacy Policy and our Brand & Assets Guidelines. By agreeing to this EULA you also agree to all of the terms of the foregoing documents, so please read through them carefully.

ONE MAJOR RULE

This one major rule is that you must not distribute anything we've made unless we specifically agree to it. By "distribute anything we've made" what we mean is:

- give copies of our Game to anyone else;
- make commercial use of anything we've made;
- try to make money from anything we've made; or
- let other people get access to anything we've made in a way that is unfair or unreasonable;

unless we specifically agree to it. And so that we are crystal clear, "the Game" or "what we have made" includes, but is not limited to, the client or the server software for our Game. It also includes updates, patches, downloadable content, add-ons, or modified versions of a Game, part of those things, or anything else we've made.
Otherwise we are quite relaxed about what you do - in fact we really encourage you to do cool stuff - but just don't do those things that we say you can't.

ENJOYING OUR GAME

You have been granted a license to the Game so you can play and use it, yourself, on your devices.
Below we also give you limited rights to do other things but we have to draw a line somewhere or else people will go too far. If you wish to make something pertaining to anything we've made we're humbled, but please make sure that it can't be interpreted as being official and that it complies with this EULA and the brand and asset usage guidelines and above all do not make commercial use of anything we've made.
The license and permission we give you to use and play our Game can be revoked if you break any of the terms of this EULA.
When you buy/access our Game, you receive a license that gives you permission to install the Game on your own personal computer and use and play it on that computer as set out in this EULA. This permission is personal to you, so you are not allowed to distribute the Game (or any part of it) to anyone else. This also means you cannot sell or rent the Game, or make it available for access to other people and you cannot pass on or resell any license keys. You may however give gift codes that have been bought through our official gift code system. This is important to help us stop piracy and fraud and to protect our Game. It is also important to prevent members of our community from buying pirated versions of our Game or fraudulent license keys - which we may cancel, such as in the case of fraud.
Within reason you're free to do whatever you want with screenshots and videos of the Game. By "within reason" we mean that you can't make any commercial use of them or do things that are unfair or adversely affect our rights unless we've specifically said it's okay in this EULA, allowed it through the Intellectual Property Usage Guidelines, or provided for it in a specific agreement with you. If you upload videos of the game to video sharing and streaming sites you are however allowed to put ads on them. Also, don't just rip art resources and pass them around, that's no fun.
Essentially the simple rule is do not make commercial use of anything we've made unless we've specifically said it's okay. Oh and if the law expressly allows it, such as under a "fair use" or fair dealing" doctrine then that's ok too - but only to the extent that the law applicable to you says so.
In order to ensure the integrity of the Game, we need all Game downloads and updates to come from a single central source: us.

OWNERSHIP OF OUR GAME

Although we license you permission to install on your computer and play our Game, we are still the owners of it. We are also the owners of our brands and any content contained in the Game. Therefore, when you pay for our Game, you are buying a license to play / use our Game in accordance with this EULA - you are not buying the Game itself. The only permissions you have in connection with the Game and your installation of it are the permissions set out in this EULA.

CODE OF CONDUCT

While playing the Game, you agree to comply with all applicable laws, rules and regulations. You also agree to comply with certain additional rules that govern your use of the Game (the “Code of Conduct”). The Code of Conduct is not meant to be exhaustive, and Abrakam reserves the right to modify this Code of Conduct at any time, as well as take any appropriate disciplinary measures including Account termination and deletion to protect the integrity and spirit of the Game, regardless of whether a specific behavior is listed here as prohibited. In addition to this Code of Conduct, please see the Player’s Code for additional guidance on exemplary game-play behavior.

The list below consist of examples of behaviour that warrant disciplinary measures:

a. Impersonating any person, business, or entity, including an employee of Abrakam, or communicating in any way that makes it appear that the communication originates from Abrakam;
b. Posting identifying information about yourself, or any other user, in the Game;
c. Harassing, stalking, or threatening any other users in the Game;
d. Removing, altering or concealing any copyright, trademark, patent or other proprietary rights notices of Abrakam contained in the Game and/or the Software. You also may not transmit content that violates or infringes the rights of others, including without limitation, patent, trademark, trade secret, copyright, publicity, personal rights or other proprietary or non-proprietary rights;
e. Transmitting or communicating any content which, in the sole and exclusive discretion of Abrakam, is deemed offensive, including, but not limited to, language that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, or racially, ethnically, or otherwise objectionable;
f. Transmitting or facilitating the transmission of any content that contains a virus, corrupted data, trojan horse, bot keystroke logger, worm, time bomb, cancelbot or other computer programming routines that are intended to and/or actually damage, detrimentally interfere with, surreptitiously intercept or mine, scrape or expropriate any system, data or personal information;
g. Spamming chat, whether for personal or commercial purposes, by disrupting the flow of conversation with repeated postings of a similar nature;
h. Participating in any action which, in the sole and exclusive judgment of Abrakam, “exploits” an undocumented aspect of the Game in order to secure an unfair advantage over other users;
i. Participating in any action which, in the sole and exclusive judgment of Abrakam, defrauds any other user of the Game, including, but not limited to, by “scamming” or “social engineering;”
j. Accessing or attempting to access areas of the Game or Game servers that have not been made available to the public;
k. Selecting a nickname that is falsely indicative of an association with Abrakam, contains personally identifying information, infringes on the proprietary or non-proprietary rights of third parties, or that is offensive, defamatory, vulgar, obscene, sexually explicit, racially, ethnically, or otherwise objectionable. You may not use a misspelling or an alternative spelling to circumvent this restriction on nicknames choices. Abrakam may modify any name which, in the sole and exclusive judgment of Abrakam, violates this provision without further notification to you, and may take further disciplinary measures, including Account termination, for repeated violations.

CONSENT TO MONITORING

When you are playing the Game, we may monitor your computer's random access memory (RAM) for unauthorised third party programs prohibited that interact with the Game. In the event that the Game detects such an unauthorised third party program, information may be communicated back to Abrakam, including the name of your Account, your internet protocol (IP) address, details about the unauthorized third party program detected, and the time and date that the unauthorized third party program was detected, along with the hardware specs and performance characteristics of your computer, with or without additional notice to you. No other information about you or your computer will be communicated to Abrakam. If the Game detects the use of an unauthorised third party program, your access to the Game may be terminated with or without additional notice to you.

CONTENT

If you make any content available on or through our Game, you agree to give us permission to use, copy, modify, adapt, distribute, and publicly display that content. This permission is irrevocable, and you also agree to let us permit other people to use, copy, modify, adapt, distribute, and publicly display your content. You are not giving up your ownership rights in your content, you are just giving us and other users permission to use it. For example, we may need to copy, reformat, and distribute content that you post on our website so others can read it. If you don't want to give us these permissions, do not make content available on or through our Game. Please think carefully before you make any content available, because it may be made public and might even be used by other people in a way you don't like.
If you are going to make something available on or through our Game, it must not be offensive to people or illegal, it must be honest, and it must be your own creation. Some examples of the types of things you must not make available using our Game include: posts that include racist or homophobic language; posts that are bullying or trolling; posts that are offensive or that damage our or another person's reputation; posts that include porn or someone else's creation or image; or posts that impersonate a moderator or try to trick or exploit people.
Any content you make available on our Game must also be your creation or you must have permission or the legal right to do it. You must not and you agree that you will not make any content available, using the Game that infringes the rights of others.
We reserve the right to take down any content in our discretion.
Please watch out if you are talking to people in our Game. It is hard for either you or us to know for sure that what people say is true, or even if people are really who they say they are. You should think twice about giving out information about yourself.

PURCHASES

Even though the Game is free-to-play, some aspects or features may require you to pay a fee, and you agree that you will provide accurate and complete payment information to the third-party payment provider used by Abrakam. You further agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. Abrakam may revise the pricing for the Game or any item associated therewith at any time. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes due and payable. Abrakam may, from time to time, modify, amend, or supplement its fees and fee-billing methods, and such changes shall be effective immediately upon posting in this Agreement or elsewhere on the Site or in the Game. If there is a dispute regarding payment of fees to Abrakam, your Account may be closed without warning or notice at the sole discretion of Abrakam.
You acknowledge and agree that any applicable fees and other charges for fee-based services are payable in advance and not refundable in whole or in part. You are fully liable for all charges to your account, including unauthorised charges.

UPDATES

We might make upgrades, updates or patches (we call them all "updates") available from time to time, but we don't have to. We are also not obliged to provide ongoing support or maintenance of any Game. Of course, we hope to continue to release new updates for our Game, we just can't guarantee that we will do so.

LIABILITY AND GOVERNING LAW

The terms of this EULA do not affect any legal (statutory) rights that you may have under the law that applies to you for the Game. You might have certain rights which the law that applies to you says cannot be excluded. Nothing we say in these terms will affect those legal rights, even if we say something which sounds like it contradicts your legal rights. That's what we mean when we say "subject to applicable law".
SUBJECT TO APPLICABLE LAW, WHEN YOU GET A COPY OF OUR GAME, WE PROVIDE IT "'AS IS"'. UPDATES ARE ALSO PROVIDED "'AS IS"'. THIS MEANS THAT WE ARE NOT MAKING ANY PROMISES TO YOU ABOUT THE STANDARD OR QUALITY OF OUR GAME, OR THAT OUR GAME WILL BE UNINTERRUPTED OR ERROR FREE. WE ARE NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT IT MAY CAUSE. YOU BEAR THE ENTIRE RISK AS TO ITS QUALITY AND PERFORMANCE. YOU HAVE TO ACCEPT THAT WE MAY RELEASE GAMES WELL BEFORE THEY ARE COMPLETE AND SO THEY MAY (AND OFTEN WILL) HAVE BUGS -BUT WE PREFER TO RELEASE THESE FEATURES EARLY THAN MAKE YOU WAIT FOR PERFECTION. IF YOU WOULD LIKE TO NOTIFY US ABOUT A POTENTIAL BUG, WE HAVE A SITE FOR THAT HERE.
The laws of the country where you have your habitual residence govern this EULA and all disputes, including disputes relating to it, our Game, or our Website, regardless of conflict of laws principles.

TERMINATION

If we want we can terminate this EULA if you breach any of the terms. You can terminate it too, at any time; all you have to do is uninstall the Game from your computer and the EULA will be terminated. If the EULA is terminated, you will no longer have any of the rights to the Game given in this license. You do still have the right to things you have created yourself with the game of course. The paragraphs about "Ownership of Our Game", "Our Liability" and "General Stuff" will continue to apply even after the EULA is terminated.

WRAPPING-UP

Your local law may give you rights that this EULA cannot change; if so, this EULA applies as far as the law allows. Nothing in this license limits our liability for death or bodily injury resulting from our negligence or fraudulent misrepresentations.
We may change this EULA from time to time, if we have reason to, such as changes to our games, our practices, or our legal obligation. But those changes will be effective only to the extent that they can legally apply. In that case we'll inform you of the change before it takes effect, either by posting a notice on our Website or by other reasonable means. We're not going to be unfair about this though - but sometimes the law changes or someone does something that affects other users of the Game and we therefore need to put a lid on it.
If you come to us with a suggestion for any one of our Websites or Games, that suggestion is made for free and we have no obligation to accept or consider it. This means we can use or not use your suggestion in any way we want and we don't have to pay you for it. If you think you have a suggestion that we would be willing to pay you for, please do not submit your suggestion unless you have first told us you expect to be paid and we have responded in writing by asking you to submit the suggestion.