END USER LICENSE AGREEMENT
Last updated: October 2020
THIS AGREEMENT IS A LEGALLY BINDING CONTRACT; PLEASE READ IT CAREFULLY.
Welcome to Slide Stars! Lion Castle B.V. (“Lion Castle”) is proud to provide you with Slide Stars the video game software (together with any updates, the “Game Client”) for use with the online component of Slide Stars (a “Game Server”). Together, the Game Client and a Game Server make up the game Slide Stars (the “Game”). This End User License Agreement (the “EULA” or “Agreement”) governs your use of the Game Client. By installing or using the Game Client, you agree to be bound by the terms of this Agreement.
Accepting this EULA shall be lawful where a person is at least 16 years old. If a person is below the age of 16 years, this shall be lawful only if consent is given or authorised by the holder of parental responsibility over this person.
1. Limited License. The Game Client is licensed, not sold. Subject to your agreement to and continued compliance with the terms and conditions of this EULA, Lion Castle hereby grants to you a limited, revocable, non-exclusive, nontransferable, personal license to (a) download and install the Game Client onto a Nintendo Switch™ console (a “System”). owned by you, and (b) use the Game Client in conjunction with a Game Server for your non-commercial entertainment purposes only. The foregoing license does not permit you to do any of the following, and you agree that the violation of any of the following license limitations will constitute an infringement of Lion Castle’s intellectual property rights.
- You may not sell, license or transfer the Game Client, or any reproductions or modifications thereof, to any person or entity;
- You may not develop, distribute or host any server or software designed to interact with the Game Client or to redirect or emulate the communications protocols used by Lion Castle;
- You may not modify the Game Client or any portion thereof;
- You may not, or allow or authorize others, to copy, translate, reverse engineer, derive source code from, modify, disassemble, decompile, or create derivative works based on the Game Client or any portion thereof;
- You may not develop, distribute or use any third party program designed to impact the Game experience, including without limitation software bots, cheats, hacks or any other software designed to provide a player with an advantage;
- You may not exploit the Game, or any portion thereof, for any commercial purpose;
The license granted herein confers no title or ownership in the Game (including without limitation the Game Client) and should not be construed as a sale of any rights to the Game. All rights, titles and interests in and to the Game and any and all copies thereof (including without limitation any and all titles, computer code, technology, themes, objects, characters, character names, stories, dialog, catchphrases, locations, concepts, artwork, music, etc.) are owned by Lion Castle or its licensors.
2. Term. This EULA is effective until terminated, and those provisions which by their nature should survive termination shall survive termination, including without limitation those provisions addressing license limitations, disclaimer of warranties, limitation of liability, indemnification and ownership. You may terminate this EULA at any time by permanently destroying all copies of the Game and related documentation in your possession, including without limitation any and all Game Clients under your custody or control.
3. Ownership. You agree that, between you and Lion Castle, Lion Castle owns and shall continue to own all rights, title and interest in and to the Game, all copies thereof, and all content therein. The Game is protected by copyright laws. The Game may contain materials licensed by third parties, and the licensors of those materials are third party beneficiaries of this Agreement with the right to enforce their rights against you if you violate this Agreement.
4. Consent to Monitor. When the Game is running, Lion Castle, its affiliates or its contractors may monitor your Entertainment System for uses that violate the Limited License Section. You hereby grant Lion Castle, its affiliates and its contractors permission to monitor your Entertainment System for purposes of identifying such use and communicating potential violations to Lion Castle.
Lion Castle, its affiliates and its contractors are under no obligation to monitor your System.
5. DISCLAIMER OF WARRANTIES. THE GAME SERVERS ARE MADE AVAILABLE, TO THE EXTENT PERMISSIBLE BY LAW, ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE EXTENT PERMISSIBLE BY LAW, ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ARE EXCLUDED.
7. LIMITATION OF LIABILITY.
- Neither you, Lion Castle, its directors, parent, affiliates, licensors, or contractors will be liable for any consequential or indirect loss under or in connection with this EULA, or any collateral contract, whether arising under statute or arising in or for breach of contract, tort (including negligence), breach of statutory duty, misrepresentation or otherwise.
- Nothing in this EULA will exclude or limit either party’s liability:
(i) for fraud or fraudulent misrepresentation;
(ii) for death or personal injury caused by its negligence;
(iii) under the indemnity in the Indemnification Section; or
(iv) for any other liability which cannot be excluded or limited by law.
8. INDEMNIFICATION. YOU HEREBY AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS LION CASTLE, ITS DIRECTORS, PARENT, SUBSIDIARIES, AFFILIATES, LICENSORS AND CONTRACTORS, FROM AND AGAINST ANY CLAIM, LIABILITY, INJURY, DAMAGE, LOSS OR EXPENSE (INCLUDING REASONABLE ATTORNEYS’ FEES) INCURRED AS A RESULT OF, ARISING FROM, OR RELATING TO ANY BREACH BY YOU OF THE LIMITED LICENSE SECTION.
9. Changes to Agreement and Game. Lion Castle may update this Agreement at its sole discretion, and you agree to the revised version of the EULA by continuing to play the Game after receiving such revised EULA. Lion Castle may change, modify, suspend, or discontinue any aspect of the Game at any time. You have no interest, monetary or otherwise, in any feature or content contained in the Game.
10. Patches and Updates. Lion Castle may apply patches, updates and modifications (collectively, “Updates”) to the Game at any time, including Updates to the Game Client installed on your Entertainment System. Updates are not optional. You agree that Lion Castle may deploy and install Updates remotely, with or without your knowledge, and you hereby provide your consent for Lion Castle to download and apply such Updates.
11. Remedies. You acknowledge that Lion Castle may suffer irreparable damage if you breach any of the provisions governing ownership, the licence granted or licence limitations. In the event of such a breach, Lion Castle shall be entitled to apply for injunctive relief and/or a decree for specific performance and such other and further relief as may be appropriate.
12. Seizure Warning. A very small percentage of people experience epileptic seizures when exposed to certain light patterns or flashing lights. Exposure to these patterns or backgrounds on a television, or while playing video games, may induce an epileptic seizure in these individuals. If you, or anyone in your family, have an epileptic condition, consult your physician prior to playing. If you experience dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, or convulsions while playing the game, immediately discontinue use and consult your physician.
13. Dispute Resolution and Governing Law.
- The construction, validity and performance of this EULA and all non-contractual obligations arising from or connected with this EULA, shall be governed by the law of the country of your habitual residence.
- Any action or proceeding brought to adjudicate any dispute related to this EULA or the Service shall be subject to the non-exclusive jurisdiction of the courts of the country of your habitual residence (unless otherwise agreed in writing by both parties).
- Severability. You and Lion Castle agree that if any portion of this Agreement is found illegal or unenforceable, that portion shall be severed and the remainder of the Section shall be given full force and effect.
14. Miscellaneous. The terms set forth in this Agreement, including the Disclaimer of Warranties, Limitation of Liability and Indemnification provisions are fundamental elements of the basis of the agreement between Lion Castle and you. Lion Castle would not be able to provide the Game (including without limitation the Game Client) on an economic basis without such limitations. Such Disclaimer of Warranties, Limitation of Liability and Indemnification provisions inure to the benefit of Lion Castle’ licensors, successors and assigns. You agree that you are not considered, and shall not represent yourself as, an agent, employee, joint venturer, or partner of Lion Castle. You may not assign this Agreement, in whole or in part, without Lion Castle’s prior written consent and any attempted assignment in violation of this provision shall be null and void. Lion Castle may assign this Agreement or any of its rights or obligations under this Agreement without your consent at any time. No waiver of any default, condition or breach of this Agreement shall constitute a waiver of any other default, condition or breach of this Agreement, whether of a similar nature or otherwise.
Any provision found unlawful by a court or regulator having jurisdiction shall be deemed to be severed from the Agreement, but such severance shall have no effect on the enforceability of the remaining provisions of the Agreement. This Agreement, along with the End User License Agreement in the manual of the Game (if any) incorporating all the applicable documents referenced herein, represents the entire agreement between you and Lion Castle with respect to the Game Client and supersedes all prior agreements between you and Lion Castle pertaining to the Game Client. In the event this Agreement and the terms of the End User License Agreement in the manual of the Game conflict, the terms of this Agreement shall control. You agree that you will comply with all applicable laws in connection with the Game Client and this Agreement, including without limitation export control laws. You must supply all necessary facilities, utilities and equipment necessary to play the Game, including appropriate computer equipment and Internet connections, at your sole risk and expense. This Agreement may be amended only by a writing executed by both parties.
Your purchase of the Game is a contract for the supply of services which will commence immediately upon you clicking “I Accept” below. Upon commencement of the services you will lose your right, under your jurisdiction’s legislation implementing the Distance Selling Directive 97/7/EC, to cancel the contract for convenience.
15. Third Party Software. The Game contains font software licensed from third parties. Such font software shall only be used with the Game and may not be extracted from the Game for any purpose.
16. Customer Support. In the unlikely event of a problem with your Game, you may only need simple instructions to correct the problem. Please contact the Lion Castle Customer Service Department by email at email@example.com before returning the Game to a retailer.