Endbenutzer-Lizenzvertrag (EULA)

1. Definitions and Scope

1.1. This End User License Agreement (the “EULA”) is concluded between the User and Skagry, the operator of the Skagry Universe game (the “Operator”), and governs the use of the Game Client.

1.2. “Game Client” means the software, graphics, audio and other content delivered to the User’s browser or device to enable the User to play the game, including any version distributed through a Platform. Other capitalized terms, including “Applicable Law”, have the meanings given to them in the Terms of Service.

1.3. This EULA forms an integral part of the Terms of Service. By accessing or using the Game Client, the User accepts this EULA. A User who does not accept this EULA must not use the Game Client.

2. Grant of License

2.1. Subject to compliance with this EULA and the Terms of Service, the Operator grants the User a limited, non-exclusive and revocable license to access and use the Game Client for non-commercial entertainment purposes, solely in order to play the game through the Service.

2.2. The Game Client is licensed, not sold. All rights not expressly granted to the User are reserved by the Operator and its licensors.

3. Restrictions

3.1. Except as expressly permitted by this EULA or under Applicable Law, the User shall not:

(a) copy, modify, adapt or translate the Game Client or any part of it, or create derivative works based on it;

(b) reverse engineer, decompile or disassemble the Game Client or otherwise attempt to derive its source code, except where and to the extent that Applicable Law expressly permits such activity notwithstanding this restriction;

(c) use bots, scripts, macros, cheats or other automation, or software that intercepts, emulates, modifies or redirects communication between the Game Client and the Operator’s servers;

(d) circumvent, disable or interfere with any security, access-control or other technical protection measure;

(e) sell, rent, lease, lend, sublicense, distribute, publish or otherwise commercially exploit the Game Client or its Content, including its art, models, music and text;

(f) remove or alter any copyright, trademark or other proprietary notice;

(g) use the Game Client to develop a competing product, or extract data from the Service by automated means.

3.2. Any breach or suspected breach of this EULA is subject to the enforcement measures set out in section 10 (Enforcement) of the Terms of Service.

4. Intellectual Property

4.1. The Game Client, the Service and the Content, and all intellectual property rights in them, are owned by the Operator or its licensors and are protected by copyright, trademark and other intellectual property laws.

4.2. Virtual Items form part of the Content. The User receives only a limited license to use them in accordance with the Terms of Service, and they do not constitute property of the User.

5. User Content

5.1. Content created or uploaded by the User by means of the Game Client constitutes User Content within the meaning of the Terms of Service, which govern the User’s responsibility for it and the license granted by the User to the Operator.

6. Third-Party Components and Platforms

6.1. The Game Client contains third-party software, including open-source software such as the BabylonJS engine, React and Next.js. Each such component is provided under its own license, which applies to that component in place of this EULA; nothing in this EULA restricts the User’s rights under such licenses. Copies of the license notices are available upon request.

6.2. Where the Game Client is obtained through a Platform, such as Steam or Google Play, the terms of that Platform also apply. The Platform is not responsible for the Game Client and is not a party to this EULA, unless its terms provide otherwise.

7. Updates and Technical Requirements

7.1. The Operator may update the Game Client at any time, including automatically, and may require the use of the latest version in order to continue playing. Updates may add, modify or remove features. This EULA applies to all updates unless they are accompanied by separate terms.

7.2. The User is responsible for the device, browser, internet connection and any costs necessary to use the Game Client. The Game Client uses three-dimensional graphics (WebGL), and the Operator does not warrant that it will operate on every device.

8. Term and Termination

8.1. This EULA remains in force until terminated. It terminates automatically upon a breach of this EULA or of the Terms of Service or upon termination of the Account, and the Operator may terminate it upon discontinuation of the Game Client or of the Service. Upon termination, the User shall cease all use of the Game Client. Sections 4, 9 and 10 survive termination.

9. Disclaimer and Limitation of Liability

9.1. The Game Client is provided “as is” and “as available”. Sections 9, 13 and 14 of the Terms of Service, including the exclusion and limitation of liability and the provision that nothing excludes any liability which cannot be excluded under Applicable Law or any mandatory right of the User as a consumer, apply to the Game Client and to this EULA.

9.2. To the maximum extent permitted under Applicable Law, the Operator bears no liability for any loss, alteration, unavailability or removal of Virtual Items, game progress or data in connection with the Game Client, whatever the cause.

10. Governing Law and Dispute Resolution

10.1. This EULA is governed by the laws of Spain, and any dispute arising out of or in connection with it is resolved as set out in section 17 of the Terms of Service. Where the User is a consumer, this is without prejudice to the mandatory consumer-protection provisions of the law of the User’s country of habitual residence.

11. Contact

11.1. Questions concerning this EULA may be sent to info@skagry.com. The legal particulars of the Operator are published at https://skagry.com/legal/imprint (öffnet sich in neuem Tab).