END USER LICENCE AGREEMENT (EULA) – FORMSLINGERS

PLEASE READ THIS END USER LICENCE AGREEMENT CAREFULLY BEFORE PURCHASING, DOWNLOADING OR INSTALLING THIS SOFTWARE OR USING THE ONLINE SERVICE.

This End User License Agreement (“EULA”, “Agreement”) governs your use of the videogame, application, software, their associated upgrades, patches, and updates and related services (the “Product”, “Software”, “Game”, “Service”) currently provided or which will be provided by Formslingers UG (haftungsbeschraenkt) (“Formslingers”, “Licensor”). This EULA sets out the basis on which Formslingers makes the Products available to you (“User” or ”You”) and on which You may use them.

This Agreement may be periodically updated and the current version will be posted at https://pinballwicked.com/eula (the “Website”). Your continued use of the Product after a revised Agreement has been posted constitutes your acceptance of its terms.

THE “PRODUCT” INCLUDES ALL SOFTWARE INCLUDED WITH THIS AGREEMENT, THE ACCOMPANYING MANUAL(S), PACKAGING, AND OTHER WRITTEN FILES, ELECTRONIC OR ON-LINE MATERIALS OR DOCUMENTATION, AND ANY AND ALL COPIES OF SUCH SOFTWARE AND ITS MATERIALS.

THE SOFTWARE IS LICENSED, NOT SOLD. BY OPENING, DOWNLOADING, INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE, AND ANY OTHER MATERIALS INCLUDED WITH THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT WITH THE GERMAN COMPANY FORMSLINGERS UG (HAFTUNGSBESCHRAENKT), AS WELL AS THE PRIVACY POLICY LOCATED AT https://pinballwicked.com/privacy.

IF YOU DO NOT AGREE TO ALL THE TERMS OF THIS AGREEMENT OR THE PRIVACY POLICY, YOU ARE NOT PERMITTED TO OPEN, DOWNLOAD, INSTALL, COPY, OR USE THE SOFTWARE.

LICENSE

Subject to this Agreement and its terms and conditions, Formslingers hereby grants you a nonexclusive, non-transferable, limited, and revocable right and license to use one copy of the Software for your personal, non-commercial use for gameplay on a single Game Platform (e.g. computer, mobile device, or gaming console) unless otherwise expressly specified in the Software documentation. You must in no event use, nor allow others to use, the Product or this License for commercial purposes without obtaining a license to do so from Formslingers.
Your license rights are subject to your compliance with this Agreement. The term of your license under this Agreement shall commence on the date that you install or otherwise use the Software and ends on the earlier date of either your disposal of the Software or the termination of this Agreement (see below).

You shall not, directly or indirectly (i) sell, rent out, lease, license, distribute, market, exploit the Product or any of its parts commercially, (ii) reverse engineer, decompile, disassemble, adapt, reproduce, or create derivative works of this Product (except if the Product enables You through a specific feature to create, generate or submit User Generated Content and for which You will need to create an Account and comply to Terms of Use), in whole or in part; (iii) create, use and/or distribute “auto”, “trainer”, “script” or “macro” computer programs or other “cheat” or “hack” programs or software applications for this Product (whether in an online multiplayer game or in a single player game over the internet or in local area network); (iv) remove, alter, disable or circumvent any copyright and trademark indications or other authorship and origin information, notices or labels contained on or within this Product and (v) export or re-export this Product or any copy or adaptation in violation of any applicable laws or regulations.

While using the Product, You agree to comply with all applicable laws, rules and regulations. In all cases, You may only use the Product according to the anticipated use of the Product.

For example purposes, and without limiting Formslingers’ rights to take action against You, You may not:

* commercially exploit the Software; distribute, lease, license, sell, rent, convert into convertible currency, or otherwise transfer or assign the Software, or any copies of the Software, including but not limited to Virtual Goods or Virtual Currency (defined below) without the express prior written consent of Formslingers or as expressly set forth in this Agreement
* use or copy the Software at a computer gaming center or any other location-based site; provided, that Formslingers may offer you a separate license agreement to make the Software available for commercial use
* create, use, share and/or publish by any means in relation to the Product any material (text, words, images, sounds, videos, etc.) which would breach of a duty of confidentiality, infringe any intellectual property right or an individual’s right to privacy or which would incite the committing of an unlawful act (in particular, piracy, cracking or circulation of counterfeit software)
* create, supply or use alternative methods of using the Products
* spamming chat, whether for personal or commercial purposes, by disrupting the flow of conversation with repeated postings of a similar nature
* transmitting or communicating any material or content which, in the sole and exclusive discretion of Formslingers, is believed or deemed offensive, including, but not limited to, language that is harmful, threatening, unlawful, abusive, harassing, defamatory, disparaging, obscene, sexually explicit, or racially, ethnically, or otherwise objectionable
* harassing or threatening any other users in the Product
* make inappropriate use of the support services
* falsely claim to be an employee or representative of Formslingers
* falsely claim an endorsement in connection with the Product or with Formslingers

OWNERSHIP

All title, ownership rights and intellectual property rights in and to the Product (including, without limitation, all text, graphics, music or sounds, all messages or items of information, fictional characters, names, themes, objects, effects, dialogues, slogans, diagrams, concepts, in-game chat transcripts, character profile information, videos, audio-visual effects, domain names and any other elements which are part of the Product, individually or in combination) and any and all copies thereof are owned by Formslingers or its licensors.

The Product is protected by national and international laws, copyright treaties and conventions and other laws. This Product may contain certain licensed materials and, in that event, Formslingers’ licensors may protect their rights in the event of any violation of this Agreement. Any reproduction or representation of these licensed materials in any way and for any reason is prohibited without Formslingers’ prior permission and, if applicable, Formslingers’ licensors’ and representatives’. Except as expressly set forth in this EULA, all rights not granted hereunder to You are expressly reserved by FORMSLINGERS.

This License confers no title or ownership in the Product and should not be construed as a sale of any rights in the Product.

ACCESS TO THE PRODUCT AND SPECIAL FEATURES

The Product is currently accessible through Steam, and you must have a Steam account to access, download, and play the Game. You acknowledge and agree that your Steam Account is provided and managed by Steam, not by FORMSLINGERS, and that your creation and use of that Steam account is subject to Steam’s applicable terms and conditions and privacy policies.

Membership in a third-party service and/or membership in a Licensor service (including acceptance of related terms and policies) may be required to access certain unlockable, downloadable, online, or other special content, services, and/or functions (collectively, “Special Features”). Access to Special Features is limited to a single User Account per serial code and access to Special Features cannot be transferred, sold, leased, licensed, rented, converted into convertible virtual currency, or re-registered by another user unless otherwise expressly specified. The provisions of this paragraph supersede any other term in this Agreement.

We reserve the right, in our sole discretion, to terminate or suspend your Account if we believe, or have been notified by a third party of its belief, that you may be infringing the rights of others, violating the copyrights of others, or engaging in any inappropriate behavior. We also reserve the right, in our sole discretion, to terminate your access to all or part of the Game or to any product or service available through the Game or any Formslingers website for any reason or no reason, with or without notice. In the event of termination, your Account will be disabled, and you will not have access to your Account. You should be aware that, if your Account is terminated, we may not be able to return your content to you and that you may not otherwise have access to your content, although residual copies of such information may remain in our system for back-up purposes and for compliance with legal reporting obligations.

AGE

The PRODUCT is available only to individuals who are of legal age to form a binding contract. The PRODUCT may be used by an individual older than 13 but younger than 19 only with express authorization from that individual’s parent or legal guardian. Subject to the laws of your jurisdiction of residence, individuals older than 13 but younger than 19 may only access and use the PRODUCT through an account established by, and with the approval of, their parents or legal guardians. If you permit your minor child or legal ward to use your Account to access and use the PRODUCT, you agree to this Agreement on your behalf and on behalf of your minor child or legal ward, and you understand and agree that you will be responsible for all use of your Account by your minor child or legal ward regardless of whether you authorized that use (including the purchase of items for which we charge a fee).

You hereby confirm that you are at least 19 years of age, are of the age of majority in the jurisdiction from which you access the PRODUCT, and are an individual who can form a legally binding contract.

WARNING PHOTOSENSITIVITY/EPILEPSY/SEIZURE

Please consult a doctor before use if you have a history of epilepsy or seizures. STOP PLAYING IMMEDIATELY IF you experience dizziness, disorientation, eye or muscle twitches, disorientation,loss of awareness, altered vision, seizures or convulsions and consult your physician before resuming gameplay.

USER CREATED CONTENT

The Product may allow you to create content, including, but not limited to, a game play map, scenario, screenshot, game part/model/toy design, item, or video of your game play. In exchange for use of the Product, and to the extent that your contributions through use of the Product give rise to any copyright interest, you hereby grant Licensor an exclusive, perpetual, irrevocable, fully transferable, and sub-licensable worldwide right and license to use your contributions in any way and for any purpose in connection with the Product and related goods and services, including, but not limited to, the rights to reproduce, copy, adapt, modify, perform, display, publish, broadcast, transmit, or otherwise communicate to the public by any means whether now known or unknown and distribute your contributions without any further notice or compensation to you of any kind for the whole duration of protection granted to intellectual property rights by applicable laws and international conventions. You hereby waive and agree never to assert any moral rights of paternity, publication, reputation, or attribution with respect to Licensor’s and other players’ use and enjoyment of such assets in connection with the Product and related goods and services under applicable law. This license grants to Licensor, and terms above regarding any applicable moral rights, will survive any termination of this Agreement.

VIRTUAL PROPERTY

You have no property interest in any virtual currency, items or other property (collectively “Virtual Property”) that you obtain or purchase through or in connection with the Product. Any purchase or acquisition of Virtual Property is the purchase of a limited, non-transferable, revocable licence to use that Virtual Property within the Product. You may not transfer or resell Virtual Property for commercial gain. Virtual Property has no monetary value, and cannot be refunded or exchanged for cash or any other tangible value. If your Account is terminated or suspended for any reason, or if we discontinue the Product, all Virtual Property is unconditionally forfeited.

We have no liability for hacking or loss of your Virtual Property, and we have no obligation to (and will not) reimburse you for any Virtual Property lost due to your breach of this Agreement.

CONSENT TO MONITOR.

When You are using the Product, the Product may monitor Your hardware random access memory (RAM) for unauthorized prohibited third party programs that interact with the Product. In the event that the Product detects such an unauthorized third party program, information may be communicated back to Formslingers, 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 specifications and performance characteristics of Your hardware, with or without additional notice to You. If the Product detects the use of an unauthorized third party program, this License and Your access to the Product may be terminated with or without additional notice to You.

Please note that Formslingers is not responsible for and does not endorse the opinions, advice and/or recommendations displayed or sent by You in the Product, including in game chats. Such communications are the sole responsibility of the user in question.

INDEMNITY

You are solely responsible for any damage caused to Formslingers, its licensors, channel partners and associated service providers and subcontractors, other users of the product or any other individual or legal entity as a result of Your violation of this EULA.

YOU HEREBY AGREE TO DEFEND, INDEMNIFY AND KEEP INDEMNIFIED FORMSLINGERS AND ITS AFFILIATES, THEIR LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS AND THEIR SUBCONTRACTORS AGAINST ANY CLAIM OR ALLEGED CLAIMS, LIABILITIES, LOSSES DAMAGES AND ALL COSTS (INCLUDING LAWYERS’ FEES), DIRECTLY OR INDIRECTLY ATTRIBUTABLE TO YOUR FAULT AND/OR RESULTING FROM (A) A VIOLATION OF ANY PROVISION OF THIS EULA OR (B) YOUR USE OR MISUSE OF THE PRODUCT. Formslingers reserves the right to take sole responsibility, at its own expense, for conducting the defense of any claim for which You agreed to indemnify Formslingers. The provisions of this Section shall remain in force after termination of this EULA.

CHANGES TO THE PRODUCT

Formslingers may modify the Product 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 Product. You agree that the Product may install or download the modifications automatically. You agree that Formslingers may stop to support previous versions of the Product upon availability of an updated version.

TERMINATION

Formslingers may terminate this Agreement at any time, with or without cause, immediately upon notice to you.

You may terminate this Agreement by ceasing use of the Product and Service, cancelling any account you may have with us to use the Service (if any), and permanently deleting all copies of the Product in your possession or control.
All other Sections of this Agreement will survive such termination.

SEVERANCE

If any court of competent jurisdiction or competent authority finds that any provision of this EULA is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of this EULA shall not be affected. If any invalid, unenforceable or illegal provision of this EULA would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable to reflect Formslingers’ initial intentions.

NO WAIVER

No failure or delay by Formslingers (or its licensors) to exercise any right or remedy provided under this EULA or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy. Waiver of a right or remedy may be considered to have taken place only after signing of a written statement to this effect by Formslingers or by the User.

LAW, JURISDICTION AND DISPUTE RESOLUTION

Other than as specifically indicated below, to the extent permitted by applicable law, this EULA and any disputes or claims arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with the laws of Berlin and the Federal Republic of Germany (“Germany”). You irrevocably agree that the courts of Berlin, Germany have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the EULA or its subject matter or formation (including non-contractual disputes or claims).

DISCLAIMERS AND LIMITATION OF LIABILITY

EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT WILL FORMSLINGERS BE LIABLE FOR PERSONAL INJURY OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES (INCLUDING FOR LOSS OF DATA, LOSS OF CONTENT OR INABILITY TO ACCESS THE PRODUCT.

IN NO EVENT SHALL FORMSLINGERS AGGREGATE LIABILITY ARISING FROM YOUR USE OR INABILITY TO USE THE PRODUCT EXCEED MONIES ACTUALLY PAID BY YOU TO ACCESS THE SOFTWARE UNLESS YOUR JURISDICTION DOES NOT ALLOW SUCH EXCLUSIONS OR LIMITATIONS.

THE PRODUCT IS PROVIDED “AS IS”, WITH ALL FAULTS, DEFECTS AND ERRORS, AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FORMSLINGERS DISCLAIMS ALL WARRANTIES (EXPRESS, IMPLIED, ARISING BY LAW OR OTHERWISE) REGARDING THE PRODUCT AND ITS PERFORMANCE OR SUITABILITY FOR YOUR INTENDED USE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. YOUR USE IS AT YOUR SOLE RISK.

The Game includes the Unreal® Engine code and other code, materials, and information (the “Epic Materials”) from Epic Games, Inc. (“Epic”). All Epic Materials are provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind. Formslingers UG (haftungsbeschraenkt) (“Formslingers”), Epic, and Epic’s affiliates disclaim all warranties, conditions, common law duties, and representations (express, implied, oral, and written) with respect to the 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 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, Formslingers, Epic, and Epic’s affiliates make no warranty that (1) any of the Epic Materials will operate properly, including as integrated in the Game, (2) that the Epic Materials will meet your requirements, (3) that the operation of the Epic Materials will be uninterrupted, bug free, or error free in any or all circumstances, (4) that any defects in the Epic Materials can or will be corrected, (5) that the 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, or will not revoke approval of this Game for any or no reason. Any warranty against infringement that may be provided in Section 2-312 of the Uniform Commercial Code or in any other comparable statute is expressly disclaimed by Formslingers and Epic. Formslingers, Epic, and Epic’s affiliates do not guarantee continuous, error-free, virus-free, or secure operation of or access to the Epic Materials. This paragraph will apply to the maximum extent permitted by applicable law.

To the maximum extent permitted by applicable law, neither Formslingers, Epic, Epic’s licensors, nor its or their affiliates, nor any of Formslingers’ 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 Epic Materials or otherwise in connection with this EULA, 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 Formslingers, Epic, Epic’s licensors, nor its or their affiliates, nor any of Formslingers’ 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 EULA or the Epic Materials, or the delay or inability to use or lack of functionality of the Epic Materials, even in the event of Formslingers, 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 Formslingers, 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.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Formslingers, Epic, Epic’s licensors, its and their affiliates, and any of Formslingers’ or Epic’s service providers shall be limited to the full extent permitted by law.