END USER LICENSE AGREEMENT
IMPORTANT: PLEASE REVIEW THIS AGREEMENT CAREFULLY BEFORE USING THE GAME.
This is the End User License Agreement (the "EULA" or "Agreement") between you, the individual end user ("you" or "your"), and Gliding Knight Games, LLC ("Gliding Knight Games," "us," "we," or "our") that governs your participation and use of the videogame "Top Check" and any associated software, services we provide, files, patches, updates, upgrades, media, documentation, material (collectively the "Game").
BY CLICKING THE "ACCEPT" BUTTON OR OTHERWISE ACKNOWLEDGING YOUR ACCEPTANCE OF THIS EULA OR BY USING THE GAME, YOU ACCEPT THIS EULA AND AGREE TO BE LEGALLY BOUND BY ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, GLIDING KNIGHT GAMES DOES NOT LICENSE THIS GAME TO YOU AND YOU MAY NOT DOWNLOAD, INSTALL, ACCESS, OR OTHERWISE USE THE GAME.
If you are based outside the European Union, you must not use the Game if you are under 13 years of age, and if you are 13 or over but under the age of majority in your jurisdiction, a parent or legal guardian must agree to and accept this EULA before you can use the Game.
If you are based in the European Union, you must not use the Game if you are under 16 years of age, and if you are 16 or over but under the age of majority in your jurisdiction, a parent or legal guardian must agree to and accept this EULA before you can use the Game.
You acknowledge that some or all of the features of the Game may require an internet connection for purposes of authentication or for other internet-based functionality.
You acknowledge that in order to access or use some or all of the features of the Game, you may be required to create and maintain a user account with Gliding Knight Games or an affiliate of Gliding Knight Games ("User Account"). Your User Account may be associated with an account you maintain with a third-party gaming platform that you use to access the Game.
The Game is licensed, not sold, to you. This Agreement confers no title or ownership in the Game. All rights, title, and interest to the Game (including but not limited to all computer code, text, images, artwork, animations, audio, video, designs, themes, audio-video effects, sounds, musical compositions, concepts, look and feel, related documentation, and all intellectual property rights therein) are owned by Gliding Knight Games or our licensors. The Game is protected by U.S. copyright law and relevant international copyright treaties, conventions, and other laws. All rights not expressly granted to you herein are reserved by Gliding Knight Games and, as applicable, our licensors.
You acknowledge and agree that Gliding Knight Games is free to retain, use, and build upon any ideas, suggestions, advice, or other feedback you provide regarding the Game, without payment of royalties or other consideration.
Subject to this Agreement and its terms and conditions, Gliding Knight Games grants you a limited, non-exclusive, non-transferable, non-sublicensable and fully revocable license to access and use the Game for your personal non-commercial use.
You agree not to:
⦁ Impair any other user's ability to use and enjoy any online features of the Game;
⦁ Harass, threaten, badger, or spam any representative of Gliding Knight Games or any other user(s);
⦁ Use the Game to post or communicate any real-world personal information of any representative of Gliding Knight Games or any other user(s);
⦁ Transmit to us or any other user(s) any content which, in the sole and exclusive discretion of Gliding Knight Games, could be considered threatening, obscene, abusive, sexually explicit, defamatory, libelous, unlawful, in violation of a third party's intellectual property, privacy, or other rights, or that may give rise to civil or other liability;
⦁ Transmit to us or any other user(s) any content which, in the sole and exclusive discretion of Gliding Knight Games, could be viewed as hate speech, including but not limited to any bigoted or discriminatory content about race, sexual orientation, culture or religion;
⦁ Transmit to us or any other user(s) a virus, corrupted data, or other program that could cause harm to us and/or other user(s);
⦁ Use exploits, glitches, or other means to cheat or gain an unfair advantage over other users;
⦁ Use, develop, distribute, or promote any program that could be used to cheat, any program that could be used to intercept, redirect, emulate, or interfere with any communication related to the Game, or any automated program or "bot" in relation to your access or use of the Game;
⦁ Conduct any actions that may result in the servers and other devices used to support the Game to crash or otherwise malfunction;
⦁ Attempt to gain unauthorized access to the Game, its related computer systems and networks, or the accounts and/or info of other users, by any means, including but not limited to hacking, password mining, and social engineering;
⦁ Play on another user's User Account to "boost" that User Account's status or value;
⦁ Impersonate another person, or attempt to mislead any other user(s) by falsely claiming to be a representative of Gliding Knight Games;
⦁ Make a copy of the Game or any part thereof (other than as set forth herein);
⦁ Make a copy of the Game available on a network, fileshare, or torrent for use or download by multiple users;
⦁ Remove, obscure, or modify any copyright, trademark, or proprietary rights notice contained within the Game;
⦁ Reverse engineer, disassemble, decompile, translate, extract information from, or otherwise modify the Game in whole or in part without our prior written consent;
⦁ Make derivative works based on or derived from the Game in whole or in part without our prior written consent;
⦁ Use the Game to operate a service or enterprise for any form of compensation without our prior written consent;
⦁ Use the Game to engage in any form of illegal activity; or
⦁ Violate any terms, licenses, policies, or code of conduct related to the Game or its online features.
You acknowledge that the above list of restrictions is not intended to be an exhaustive or exclusive list, and that your conduct in relation to the Game should be guided by common sense and respect for Gliding Knight Games and any other users who access and use the Game. Gliding Knight Games reserves the right to terminate this Agreement if you breach any of the foregoing restrictions on conduct.
YOU ACKNOWLEDGE AND AGREE THAT USE OF THE GAME IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. THE GAME IS PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS, DEFECTS, AND ERRORS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, GLIDING KNIGHT GAMES DISCLAIMS ALL WARRANTIES (EXPRESS, IMPLIED, STATUTORY, AND OTHERWISE) IN RESPECT TO THE GAME AND ITS SUITABILITY FOR YOUR INTENDED USE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, AND NON-INFRINGEMENT. GLIDING KNIGHT GAMES DOES NOT WARRANT THAT THE GAME WILL MEET YOUR REQUIREMENTS, THAT THE GAME WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE GAME WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR CONTENT. NO ORAL OR WRITTEN COMMUNICATION ON THE PART OF GLIDING KNIGHT GAMES OR AN AUTHORIZED REPRESENTATIVE OF GLIDING KNIGHT GAMES WILL CREATE A WARRANTY. SHOULD THE GAME PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, GLIDING KNIGHT GAMES, ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, SERVICE PROVIDERS, AGENTS, AFFILIATES, AND REPRESENTATIVES WILL HAVE NO LIABILITY FOR ANY DAMAGES OR LOSS ARISING FROM THIS AGREEMENT OR FROM YOUR DOWNLOAD OF, INSTALLATION OF, ACCESS TO, USE OF, OR INABILITY TO USE THE GAME, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, GENERAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, LOSS OF BUSINESS, OR PECUNIARY LOSS, EVEN IF GLIDING KNIGHT GAMES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. IN THE EVENT ANY LIMITATION OR PROVISION SET FORTH IN THIS AGREEMENT IS HELD TO BE INVALID OR UNENFORCEABLE FOR ANY REASON AND WE BECOME LIABLE TO YOU IN RESPECT TO THE GAME OR OTHERWISE UNDER THIS AGREEMENT, THE CUMULATIVE LIABILITY WILL BE LIMITED TO THE SMALLER OF THE AMOUNT THAT YOU PAID TO US IN RELATION TO THE GAME IN THE 3 MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE LIABILITY OR US$10.
SOME COUNTRIES, STATES, OR JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATIONS ON LIABILITY SET FORTH IN THIS AGREEMENT. IN SUCH JURISDICTIONS, THE EXCLUSIONS SET FORTH ABOVE WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY THE LAWS OF SUCH JURISDICTIONS.
To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Gliding Knight Games, its directors, officers, employees, contractors, service providers, agents, affiliates, and representatives from and against all claims, damages, demands, losses, liabilities, costs, and expenses (including without limitation any attorney fees, cost, or expert witness fees) arising out of or related to: (a) your access to and use of the Game; (b) your violation of any third party's privacy, property, or other rights; or (c) any claim that, if true, would constitute a breach by you of any of the terms of this Agreement. You agree to reimburse us for any defense costs incurred by us and any payments made or loss suffered by us, whether in court judgement or in settlement, based on any matter covered by this Section 8.
You hereby acknowledge and agree that Gliding Knight Games would be irreparably damaged if the terms of this Agreement were not specifically enforced. Consequently, you agree that Gliding Knight Games shall be entitled, without bond, other security, or proof of damages, to seek appropriate equitable remedies, including specific performance and injunctive relief, for any breach or threatened breach of this Agreement.
We may from time to time and without notice or liability provide updates to the Game that add new features, remove existing features, or otherwise modify the Game. The terms of this Agreement will govern any such updates. INSTALLING SUCH UPDATES MAY BE REQUIRED TO ACCESS OR MAKE FULL USE OF THE GAME, AND SUCH UPDATES MAY CHANGE OR RESET CERTAIN PARAMETERS THAT CAUSE YOU SETBACKS WITHIN THE GAME. IN NO EVENT WILL GLIDING KNIGHT GAMES BE LIABLE TO YOU FOR ANY CHANGE, RESET, OR SETBACK CAUSED BY OR RELATING TO SUCH UPDATES. YOU HEREBY CONSENT TO US REMOTELY INSTALLING SUCH UPDATES TO THE GAME SOFTWARE ON YOUR DEVICES.
We may without notice or liability suspend, discontinue, or impose limits on your access to or use of the Game. Gliding Knight Games does not have any support or maintenance obligation in respect to the Game. Gliding Knight Games reserves the right to temporarily or permanently discontinue the Game, or any features or portions thereof, without notice or liability.
We may modify this Agreement from time to time. Your continued use of the Game after modification of the Agreement will constitute your acceptance of, and agreement to be bound by, the modified terms or policies. Should this Agreement be modified, the latest version will be accessible from www.glidingknightgames.com/top-check-eula. Please check this Agreement for changes before using the Game.
You may terminate this Agreement at any time by (i) requesting Gliding Knight Games to terminate and delete your User Account which is used to access the game (if any) and (ii) deleting all copies of the Game in your custody, possession, or control. Gliding Knight Games reserves the right to terminate this Agreement at any time, for any reason or no reason. This license and your rights thereunder will terminate automatically in the event you fail to adhere to any term(s) of this Agreement, and in such an event Gliding Knight Games shall not be required to provide notice to effect such termination. Should this Agreement terminate, you must cease all use of the Game immediately, and destroy all copies of the Game in your possession.
Sections 1-4, 6 (except the last sentence), 7-11, 12 (last sentence only), and 13-24 of this Agreement shall survive termination of this Agreement.
The Game is subject to all applicable export laws and restrictions. The Game may not be downloaded, exported, or re-exported to any country to which the United States maintains an embargo or that has been designated by the United States Government as a "terrorist supporting" country. The Game may not be downloaded or installed by a resident or national of any such countries, or by an individual on the United States Treasury Department's list of Specially Designated Nationals or the United States Department of Commerce Denied Persons List or Entity List. You represent and warrant that you are not located in, a national or resident of, or under control of any such country or on any such list.
The Game constitutes "commercial computer software" or "commercial computer software documentation" for purposes of 48 C.F.R. §12.212 and 48 C.F.R. §227.7202, as applicable. If acquired by any agency of the United States government, such agency's rights are limited to those specifically granted under this Agreement.
Parties in a dispute relating to this Agreement or use of the Game agree to first attempt to address that dispute informally for at least 60 days before initiating any arbitration or court proceeding. In the event that informal negotiations prove unsuccessful, the parties agree to finally resolve the dispute by binding arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, with the seat of arbitration being Tolland County, Connecticut. Such arbitration will be decided by a singular arbitrator, and the language of arbitration will be English. The parties agree that any hearing will be conducted via electronic communications unless the AAA rules require an in-person hearing, or the arbitrator finds good cause to require an in-person hearing. The venue of any in-person hearing will be Tolland County, CT, or some other location mutually agreed upon by the parties.
This Agreement shall be governed by and interpreted in accordance with the laws of the State of Connecticut, without regard to its conflicts of law provisions. In the event of a dispute that is not subject to binding individual arbitration, each party irrevocably consents to the jurisdiction and venue of the federal and state courts located in Tolland County, Connecticut.
Gliding Knight Games may assign this Agreement, in whole or in part, to any third party at our sole discretion. You may not assign or sublicense this Agreement or any of your rights or obligations hereunder without our prior written consent. Any attempted assignment or sublicense without such consent will be null and void. Subject to the foregoing restriction, this Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and permitted assigns.
If any provision of this Agreement is found invalid or unenforceable such provision shall not affect other provisions of this Agreement which can be given effect without the invalid provision. Invalid provisions will be replaced with valid ones reflecting the original intentions of Gliding Knight Games to the maximum extent possible and in accordance with applicable law.
Any failure or delay by Gliding Knight Games to enforce or exercise any rights, remedies, or provisions hereunder shall not constitute a present or future waiver of such rights, remedies, or provisions. The express waiver by Gliding Knight Games of any provision, requirement, or condition of this Agreement on one occasion shall not constitute a waiver of such provision, requirement, or condition on any other occasion.
Notwithstanding the other terms of this Agreement, Gliding Knight Games shall not be liable for any delay or failure to perform due wholly or in part to any circumstance beyond our reasonable control.
The original language of this Agreement is English. You agree to waive any right you may have under the law of your country to have this Agreement written, executed, or construed in any other language. You further agree that any correspondence from you relating to this Agreement will be written in the English language.
In the event of any conflict between this Agreement and any other agreement relating to the Game, the terms of this Agreement will take precedence, unless such other agreement is the Privacy Policy, in which case the Privacy Policy shall govern with respect to the handling of personal information, while this Agreement shall govern all other terms. A supplemental term and/or omission will not be deemed a conflict.
This Agreement and our Privacy Policy constitute the entire agreement between you and Gliding Knight Games in respect of their subject matter and supersede any previous written or oral agreements between you and Gliding Knight Games on that subject matter.