2. SCOPE OF THE AGREEMENT
2.1. Grant of License. Subject to your unconditional acceptance of and compliance with this Agreement, SuperGG.Com grants you a non-exclusive, non-transferable, non-sublicensable, revocable, and personal limited license to or use one copy of the applicable Game Software on a single game platform (e.g. personal computer, gaming console, or mobile device) for non-commercial purposes.
2.2. Ownership. SuperGG.Com, respective game developers and copyright owners reserve all rights, title, and interest in the Game Software not expressly granted to you pursuant to this EULA. The License under this EULA confers no title or ownership of the Game Software.
2.3. Territory. The Licensor hereby notifies you, and you acknowledge that the availability of the Game Software and its features may vary from country to country, and certain Game Software published by SuperGG.Com may not be available in your country.
2.4. Third-Party Terms and Conditions. Your purchase and use of the Game Software may be governed by the additional terms and conditions of end user license agreements between you and digital stores / marketplaces operated by third parties. Acceptance of such terms and conditions may be required in order to purchase access, download, install, and use the Game Software.
Terms and conditions established by digital stores and marketplaces may include additional restrictions and/or impose upon you additional obligations as compared to this EULA.
2.5. Description of Game Software. Prior to purchasing the License, you should carefully read the description of the Game Software, including minimum technical requirements. You may send questions and inquiries regarding the descriptions of the Game Software via the support service or email.3. GAME SOFTWARE DELIVERY
3.1. Access to Game Software. Subject to the terms and conditions of digital stores and marketplaces operated by third parties, SuperGG.Com grants you a License to use the Game Software. Depending on the type of the Game Software, you will be able to download and install the Game Software on your device, activate and use certain features and virtual items, or otherwise obtain access to the Game Software. The Game Software will be considered to be duly supplied at the moment when the Game Software is made accessible to you for download or use irrespective of the time when you actually downloaded, installed, consumed, exchanged, or otherwise started using it.
3.2. Third-Party Services. You are responsible for any access or data charges incurred from third parties (such as your internet service provider or mobile operator) in connection with downloading, accessing, and using the Game Software.
3.3. Updates. Game Software may need to be updated from time to time, for example, for bug fixes, enhanced functions, and new versions. You may be required to install updates to begin or continue using the Game Software. You agree that such updates may be downloaded and installed on your devices automatically without additional consent or notice. You also acknowledge that updates may affect gameplay, graphics, performance, virtual items, characters, and other features of the Game Software. However, nothing in this Clause shall be construed as the Licensor’s obligation or warranty to develop updates, patches, or other modifications of the Game Software.4. RESTRICTIONS
4.1. Limited License. You must not use the Game Software in any way or form not expressly permitted under this Agreement. In particular, you may not:
- copy, reproduce, distribute, modify, reverse engineer, decompile, create derivative works of the Game Software or any parts or elements thereof or attempt to do so;
- remove any notices or labels from the Game Software or any parts or elements thereof. You may not reverse engineer the Game Software or extract the source code or data from the Game Software or attempt to do so;
- use the Game Software at a computer gaming center or any other location-based site;
- make a copy of the Game Software available on a network for use or download by multiple users;
- cheat or utilize any unauthorized robot, spider, or other program in connection with any online features of the Game Software;
- lease, sell, rent, offer for sale or otherwise attempt to transfer the Game Software or any parts or elements thereof, including virtual items or virtual currency.
4.2. Non-Transferable License. You may not sublicense, assign, or transfer the License to the Game Software to any third parties.
4.3. Technological Measures. The Game Software may be protected by technological measures designed to prevent or restrict actions related to the Game Software not authorized by this EULA and the terms and conditions established by game developers and copyright owners. You must not attempt to, assist in, authorize, or encourage others to circumvent, disable, or defeat any technological measures of the Game Software.
You acknowledge and agree that technological measures may conflict with third-party software, including software emulating user activity, and result in the improper functioning of such software. In order to avoid conflicts, you may uninstall the Game Software from your device.
4.4. Other Restrictions. You shall not purchase or use Licenses to the Game Software on behalf or in favor of third parties that support countries to which encryption or software exports are at the time of exportation restricted by governmental or international authorities. You also represent and warrant that you are not located in, under the control of, or a national or resident of any such prohibited country.5. PAYMENTS
5.1. Digital Stores. Game Software may be distributed by SuperGG.Com through digital stores or marketplaces operated by third parties (“Digital Stores”). This Agreement is solely between you and SuperGG.Com, and not with any such Digital Stores (“Digital Stores”).
5.2. Fees and Prices. Fees and prices for Licenses to the Game Software are displayed through the Digital Stores and subject to change at any time prior to purchase.
5.3. Payments. All payment transactions are administered by the Digital Stores, not SuperGG.Com. SuperGG.Com expressly disclaims any liability for any such transactions, and you agree that your sole remedy regarding all payments is from or through such Digital Stores.
5.4. No refund. Unless otherwise expressly set forth in the terms and conditions of Digital Stores, all payments and Licenses are final and non-refundable in whole or in part, regardless of the payment method. However, the Digital Stores may establish various refund policies and you may request a refund according to such policies.6. USER GENERATED CONTENT
6.1. User Generated Content. The following terms apply in relation to content (e.g. text, screenshots, let’s play videos, streams, etc.), which you make available either to SuperGG.Com or to other persons, as well as to any other content which you create using the Game Software ("User Generated Content").
6.2. License. In exchange for use of the Game Software, and to the extent that your User Generated Content through use of the Software give rise to any intellectual property rights, you hereby grant SuperGG.Com an exclusive, perpetual, irrevocable, fully transferable and sub-licensable worldwide right and license to use the User Generated Content.
6.3. Scope. The license to the User Generated Content includes the rights of SuperGG.Com 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 User Generated Content 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.
6.4. Restrictions. If the User Generated Content involves any video, audio, graphics, text, gameplay, characters, or other elements of the Game Software, you may use and share the User Generated Content for personal enjoyment only. It forbidden to use such User Generated Content for any other purposes including any commercial purposes, use in third party games, services or standalone products of any kind. If you have any doubts regarding the use of the User Generated Content, please contact us.
6.5. Moral rights. To the maximum extent permitted by the applicable laws, you waive any moral rights of paternity, publication, reputation, or attribution with respect to the User Generated Content.
6.6. Term. This Section survives any termination of this EULA.7. REPRESENTATIONS AND WARRANTIES
7.1. Licensor’ Representations and Warranties. The Licensor represents and warrants that it has the legal capacity to enter into this EULA and grant you the right and license to use the Game Software.
7.2. No other Representations and Warranties. To the maximum extent permitted by applicable law, the Game Software, SuperGG.Com support services, and elements thereof are provided on an “as is” basis. SuperGG.Com disclaims and does not provide any express, implied, or statutory warranties or guarantees, except as expressly set forth in Section 7, including warranties of merchantability, satisfactory quality, fitness for a particular purpose, non-infringement on third-party rights, and warranties arising out of the course of transactions, usage, or practice. The Licensor does not warrant that the operation of the Game Software and its elements will be uninterrupted or remain free from errors, bugs, hacking, interference, or losses and does not warrant the comparability of the Game Software with any other software.
7.3. Personal Requirements. The Licenses and Game Software published by SuperGG.Com are not custom-made. SuperGG.Com does not warrant that the Game Software, SuperGG.Com support services, and elements thereof will meet your personal requirements and expectations.
7.4. Support Service. SuperGG.Com does not provide any warranties that the support service can and will solve all issues, bugs, and issues or answer certain questions relating to the Game Software, or handle your request within a definite time. The support service’s feedback is of a recommendatory nature. It is your responsibility and choice to follow or decline the recommendations given by the support service, and you will bear all liability for any risks resulting from this choice and decision.