End User License Agreement for Evil Noob
Please read this End User License Agreement (“EULA”) before You interact with or play the Game.
By signing up or playing the Game, You agree, without reservation, to be bound by the terms of this EULA. If You do not agree with the terms of this EULA, please do not play the game.
If You accept the terms and conditions in this EULA on behalf of a company or other legal entity, You warrant that You have full legal authority to accept the terms and conditions in this EULA on behalf of such company or other legal entity, and to legally bind such company or other legal entity.
You may not accept this EULA if You are not of legal age to form a binding contract with Evil Noob.
In this EULA the expressions below shall have the meaning assigned to them in this clause, unless the context requires otherwise:
- “Game” Products supplied by Evil Noob and it also includes any updates or upgrades, such as Warscrap;
- “Evil Noob” Evil Noob LLC, Miami, Florida, United States;
- “Documentation” The detailed information about the Game, its features and the system requirements as made available on the website of Evil Noob or Warscrap, as amended from time to time;
- “User Account” the online account that is necessary for the registration and authorization;
- “Updates” any modified versions and updates of, and additions to the Game;
- “Use” the access, download, install, copy or get benefit from using the Software in accordance with the documentation.
- “You” you, the final and ultimate user of the Software or the authorized representative of a company or other legal entity that will be the final and ultimate user of the Software, and the company or other legal entity that will be the final and ultimate user of the Software, if applicable.
The Licensee can only offset claims of Evil Noob with undisputed or legally established counterclaims. The Licensee can only exercise a right of retention if his/her counterclaim is based on the same contractual relationship. The transfer of the Licensee's claims against Evil Noob is prohibited..
All rights not explicitly granted in this agreement are reserved.
The failure or delay of Evil Noob to exercise any of its rights under this EULA or upon any breach of this EULA shall not be deemed a waiver of those rights or of the breach.
This agreement constitutes the complete and exclusive agreement between Evil Noob and Licensee with respect to the subject matter hereof and supersedes all proposals, representations, understandings and prior agreements, whether oral or written, and all other related communication between the parties. All rights not explicitly granted in this agreement are reserved. Any clause in this agreement, which is found to be invalid or unenforceable shall be deemed deleted and the rest of this agreement shall remain unaffected.
Ownership/Intellectual Property Rights
You, as Licensee, through your downloading, installing or use of this product do not acquire any ownership rights to the Game. The Game is protected by intellectual property laws and treaties. The rights to use the Game as set out in this Agreement are licensed, not sold, to you by Evil Noob.
Third party trademarks, trade names, product names and logos may be the trademarks or registered trademarks of their respective owners. You may not remove or alter any trademark, trade names, product names, logo, copyright or other proprietary notices, legends, symbols or labels in the Game. This EULA does not authorize you to use Evil Noob' or its licensors' names or any of their respective trademarks.
As between you and Evil Noob, Evil Noob is the owner of all right, title and interest in and to the Game (including all copyrights, trademarks and patents) regardless of the media or form of the Game; whether online, by disk or otherwise.
You shall not, at any time during or after the effective Term of the EULA, dispute or contest, directly or indirectly, Evil Noob exclusive right and title to the Game or the validity thereof.
You shall not attempt to develop any Game that contains the "look and feel" of any of the Game, or is otherwise derivative of the Game.
Evil Noob grants You a non-exclusive, non-transferable, limited, revocable license to play the Game in accordance with this EULA. Evil Noob reserves all rights not expressly granted to You.
Evil Noob is and remains the owner of any intellectual property rights with respect to the Software. You shall not acquire any ownership to the Software as result of Your purchase of the License Key or Your Use of the Software.
Consent to Collection and Use of Data
Evil Noob may track and collect information from your use of the Game and aggregate such Data. This Data is anonymous. You may decide whether or not this Data to be aggregated by Evil Noob.
Evil Noob knows that information about our customers is an important part of our business. Evil Noob would never sell Your personally identifiable information to anyone, nor would it ever use spyware or install spyware on users'machines.
Personal information that You give Evil Noob directly and information that Evil Noob collects as specified in section b. of this article will be used for purposes such as improving our products and services, troubleshooting bugs and otherwise to improve your user experience.
Third Party Content and Game
The Game may utilize or include third party content, software or other copyrighted material ("Third Party Content"). Your use of such third party material is governed by their respective terms and conditions. By accepting this EULA, you are also accepting the additional terms and conditions, of the third party. Evil Noob expressly disclaims any all warranties in connection with the Third Party Content, and shall have no liability in connection therewith.
Your use of the Game may allow you to connect with third party applications or websites ("Third Party Applications"). Your use of the Third Party Applications is governed by the terms and conditions thereof. By accepting this EULA, you are also accepting the additional terms and conditions, if any, set forth therein. Evil Noob expressy disclaims and all warranties in connection with the Third Party Applications, and shall have no liability in connection therewith.
Evil Noob is not liable for costs arising out of services demanded by the Licensee that are not provided by Evil Noob. This shall in particular apply to costs of data transfer from or to the Licensee’s device to a third party.
You Use the Game at Your own risk and the entire risk as to satisfactory quality, performance and accuracy is with You.
The Game and accompanying documentation are provided on an “as is” and “as available” basis without warranty - express or implied- of any kind, and Evil Noob specifically disclaims the warranty of fitness for a particular purpose. No oral or written advice given by Evil Noob, its dealers, distributors, agents or employees shall create a warranty or in any way increase the scope of this warranty and You may not rely upon such information or advice.
The liability of Evil Noob and any third party that has been involved in the creation, production, or delivery of the Game for all damages arising out of or in any way relating to the Game and/or this EULA shall in no event exceed the total amount of $10.
Evil Noob and any third party that has been involved in the creation, production, or delivery of the Game are under no circumstances liable for consequential or indirect damages (including damage for loss of profit, business interruption, loss of data, and the like arising out of the use or inability to use the Game).
The limitations of liability referred to the two above clauses (1 and 2) shall not apply in the event that: (i) any negligence on the part of Evil Noob leads to death or physical injury or (ii) damages arise from the intent, willful misconduct or gross negligence of Evil Noob or the management of Evil Noob.
Evil Noob is entitled to terminate the Game and your account with immediate effect and without prior notice in the event You fail to comply with the terms in this EULA.
Evil Noob may terminate this EULA immediately when Licensee breaches terms and condtions of this EULA. Evil Noob is justified immediately to inhibit the Licensee to use the Game.
You acknowledge that the provisions of this EULA, which by their nature are intended to survive termination, will remain in effect after termination of this EULA.
Governing law and disputes
This EULA shall be governed by and construed in accordance with the laws of the United States, excluding its conflicts of law rules.
Any dispute between Evil Noob and You shall exclusively be submitted to a court in Miami, Florida, United States.