End User License Agreement

Please read this End User License Agreement carefully. This End User License Agreement (“EULA”) governs your use of the videogame, application, software, their associated upgrades, patches, and updates and related services (the “Product”) which are provided to you by Short of Genius (“Short of Genius”, “We”, “Us” or “Our”). This EULA sets out the basis on which We make the Products available to you (“User” or ”You”) and on which You may use them.

Our Privacy Policy https://shortofgenius.com/privacy-policy. (“Privacy Policy”) and Our Terms of Use https://shortofgenius.com/terms-of-use (“Terms of Use”), represent an integral part of this EULA. By installing or using the Product, You agree to accept and to be bound at all time by (1) this EULA, (2) the Terms of Use and (3) the Privacy Policy. If You do not agree with one of these, please do not install or use the Product.

This EULA shall coexist with, and shall not supersede, the Terms of Use. To the extent that the provisions of this EULA conflict with the provisions of the Terms of Use, the conflicting provisions in the Terms of Use shall prevail.

We reserve the right to change, modify, add or delete articles in this EULA at any time, in accordance with the procedures described below in Changes to this EULA or to the Product Section.

Capitalized terms used in this EULA without definition shall have the meanings specified in the Terms of Use.

Grant of License

We (or Our licensors) grant You a non-exclusive, non-transferable, non-sublicensable, limited and revocable license to install and use one (1) copy of the Product (in whole or in part) solely and exclusively for your personal and non-commercial use for gameplay on a game platform (e.g., computer, mobile device, or gaming console) that you own or control (the “License”), for such time until either You or Us terminate this EULA. You must in no event use, nor allow others to use the Product or this License for commercial purposes without obtaining from Us a license to do so. Updates, upgrades, patches and modifications may be necessary in order to be able to continue to use the Product on certain hardware. THIS PRODUCT IS LICENSED TO YOU, NOT SOLD.

As applicable, certain parts of the Product may be using third-party features, some of which are managed by third-party providers for which additional terms and/or costs may apply. You must comply with such additional terms. Please review such additional terms and costs carefully.

You shall not, directly or indirectly:

  1. use the Product or permit the use of the Product, on more than one computer, game console, mobile device, handheld device or PDA at the same time by the same user account;
  2. use the Product, or permit use of the Product, or make the Product available for use in a network, multi-user arrangement, remote access arrangement, including where it could be downloaded by multiple users;
  3. sell, rent out, lease, license, distribute, market, exploit the Product or any of its parts commercially;
  4. reverse engineer, decompile, disassemble, adapt, reproduce, or create derivate works of the Product (except if the Product enables You through a specific feature to create, generate or submit user generated content and for which You will need to create an Account and comply with the Terms of Use), in whole or in part;
  5. create, use and/or distribute “auto”, “trainer”, “script” or “macro” computer programs or other “cheat” or “hack” programs or software applications for this Product (whether in an online multiplayer game or in a single player game over the internet or in local area network);
  6. remove, alter, disable or circumvent any copyright and trademark indications or other authorship and origin information, notices or labels contained on or within this Product; and
  7. export or re-export this Product or any copy of adaptation in violation of any applicable laws or regulations.

While using the Product, You agree to comply will all applicable laws, rules and regulations. You also agree to comply with certain rules of conduct that govern Your use of the Product (“Rules of Conduct”), which are not meant to be exhaustive and can be modified at any time by Us. In all cases, You may only use the Product according to the anticipated use of the Product.

For example purposes, and without limiting Our rights to take action against You, You may not:

  • create, use, share and/or publish by any means in relation to the Product any material (text, words, images, sounds, videos, etc.) which would constitute a breach of a duty of confidentiality, infringe any intellectual property right or an individual’s right to privacy or which would incite committing of an unlawful act (in particular, piracy, cracking or circulation of counterfeit software);
  • modify, distort, block, abnormally burden, disrupt, slow down and/or hinder the normal functioning of all or part of the Product, or their accessibility to other users, or the functioning of the partner networks of the Product, or attempt to do any of the above;
  • transmit or propagate any virus, trojan horse, worm, bomb, corrupted file and/or similar destructive device or corrupted data in relation to the Product, and/or organize, participate in or be involved in any way in an attack on Our servers and/or the Product and/or those of its service providers and partners;
  • create, supply or use alternative methods of using the Products, for example server emulators;
  • spam chat, whether for personal or commercial purposes, by disrupting the flow of conversation with repeated postings of a similar nature;
  • transmit or communicate any material or content which, in Our sole and exclusive discretion, is believed or deemed offensive, including, but not limited to, language that is harmful, threatening, unlawful, abusive, harassing, defamatory, disparaging, obscene, sexually explicit, or racially, ethnically, or otherwise objectionable;
  • harass or threaten any other users in the Product;
  • make inappropriate use of the help service or the claim buttons or send untruthful reports to members of Our personnel;
  • falsely claim to be Our employee or representative or one of Our partners and/or agents;
  • falsely claim an endorsement in connection with the Product or with Us.
Ownership

All title, ownership rights and intellectual property rights in and to the Product (including, without limitation, all text, graphics, music or sounds, all messages or items of information, fictional characters, names, themes, objects, scenery, costumes, effects, dialogues, slogans, places, characters, diagrams, concepts, choreographies, videos, audio-visual effects, domain names and any other elements which are part of the Product, individually or in combination) and any and all copies thereof are owned by Us or Our licensors. The Product is protected by national and international laws, copyright treaties and conventions and other laws. This Product may contain certain licensed materials and, in that event, Our licensors may protect their rights in the event of any violation of this Agreement. Any reproduction or representation of these licensed materials in any way and for any reason is prohibited without Our prior permission and, if applicable, prior permission of Our licensors and representatives. Except as expressly set forth in this EULA, all rights not granted hereunder to You are expressly held by Us.

This License confers no title or ownership in the Product and should not be construed as a sale of any rights in the Product.

Access to the product

The Product may be protected by digital rights management software (“DRM Software”). In such case, you hereby agree, acknowledge and consent to the following regarding the DRM Software: (i) the installation of the Product will cause the DRM Software to be installed on your device; (ii) the DRM Software may limit the number of installations of the Product; (iii) the DRM Software may install on your device additional components required for copy protection; and (iv) during the installation and/or the first launch of the Product, an online connection may be required to unlock the Product through the DRM Software. In no event shall We be liable in connection with the components that may be installed on your device by any DRM Software. For further information, please visit the website of the DRM Software appearing during the installation of the Product. An internet connection, an account and registration with enclosed single-use serial code may be required to play and access online services and features of this Product. Restrictions of age may be imposed to access online services and features in compliance with local laws.

For this EULA, “Compatible Mobile Terminal” designates any portable device capable of connecting to Internet to access the Products. The term Compatible Mobile Terminals covers in particular feature phones, smartphones, tablet computers, and personal digital assistants (PDAs).

To use the Product on a Compatible Mobile Terminal, You must have access to an electronic communication network. The connection costs (including but not limited to mobile providers’ and/or carriers’ costs), shall be exclusively borne by You. You acknowledge that the quality of the Products, the response time or access to certain features may depend on the capacities of Your Compatible Mobile Terminal and of the electronic communication network. We may in no case be held responsible for reduced user comfort. You acknowledge that the Product may not be available for use on all mobile devices or through all carriers or network service providers.

Consent to use data

When you use the Product, We may collect and store data from your computer or device, including information about your computer or device and operating system (such as IP Address and Device ID), information about your usage of Our software and service, gameplay and usage statistics, system interactions and peripheral hardware. If you use the Product offline, this data will be stored on your device and transmitted to Us when your device connects to the Internet. We use this information to improve the software and services, provide services to and communicate with you (including for marketing purposes), provide software updates, dynamically served content and software support, and trouble-shoot bugs or otherwise enhance your experience. You can manage certain data collection preferences in the Settings tab of the Product. Your data is collected, used, stored and transmitted by Us, in accordance with the Privacy Policy and Our Cookie Policy https://shortofgenius.com/cookie-policy.

When You are using the Product, the Product may monitor Your hardware random access memory (RAM) for unauthorized third-party programs prohibited by the Grant of License Section that interact with the Product. In the event that the Product detects such an unauthorized third-party program, information may be communicated back to Us, including the name of your Account, your internet protocol (IP) address, details about the unauthorized third-party program detected, and the time and date that the unauthorized third-party program was detected, along with the hardware specifications and performance characteristics of Your hardware, with or without additional notice to You. If the Product detects the use of an unauthorized third-party program, this License and Your access to the Product may be terminated with or without additional notice to You.

However, please note that We are not responsible for and do not endorse the opinions, advice and/or recommendations displayed or sent by You in the Product, including in game chats. Such communications are the sole responsibility of the user in question.

Warranty disclaimer, limitation of liability

YOU EXPRESSLY ACKNOWLEDGE THAT USE OF THE PRODUCT IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE PRODUCT IS SUPPLIED ON AN “AS IS” BASIS. WE, OUR LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS DO NOT MAKE AND HEREBY DISCLAIM ANY GUARANTEES, CONDITIONS, WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY OR OTHER TERMS INCLUDING AS TO: (A) ITS CONFORMITY, ACCURACY, CURRENTNESS, COMPLETENESS, RELIABILITY OR SECURITY (B) ITS SUITABILITY FOR A PARTICULAR USE; (C) IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT; (D) ITS MARKET VALUE; OR (E) YOUR SATISFACTION. WE DO NOT WARRANT THAT THE PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PRODUCT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR SELECTING THE PRODUCT TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE PRODUCT.

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT WILL WE, OUR LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS BE LIABLE FOR LOSS OR DAMAGE SUFFERED IN CONNECTION WITH THE USE OF THE PRODUCT OR ANY RELATED THIRD PARTY SERVICE. THIS INCLUDES WITHOUT LIMITATION (A) ALL LOSSES OF ANY KIND, WHETHER IN TORT (INCLUDING FOR NEGLIGENCE OR BREACH OF STATUTORY DUTY), CONTRACT, MISREPRESENTATION (WHETHER INNOCENT OR NEGLIGENT) OR OTHERWISE, (B) DIRECT LOSS; (C) ACCIDENTAL LOSS, (D) INCIDENTAL LOSS, (E) CONSEQUENTIAL LOSS, AND (F) INDIRECT LOSS.

NOTWITHSTANDING THE AFOREMENTIONED LIMITATIONS OF LIABILITY, YOUR SOLE REMEDY IN THE EVENT OF A DISPUTE WITH US OR OUR LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS IS TO CEASE TO USE THE PRODUCT; AND IF APPLICABLE, SEEK DAMAGES FOR YOUR LOSSES. FOR ANY PRODUCT PURCHASED FOR USE ON A COMPATIBLE MOBILE TERMINAL THAT WOULD NOT MEET THE APPLICABLE LEGAL WARRANTIES, OUR LIABILITY IS LIMITED TO THE REFUND (DIRECTLY OR INDIRECTLY THROUGH ITS CHANNEL PARTNERS OR ASSOCIATED SERVICE PROVIDERS) OF THE PURCHASE PRICE OF THE PRODUCT. IN NO EVENT WE, OUR AFFILIATES, LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS BE LIABLE FOR DAMAGES IN EXCESS OF ANY AMOUNT YOU HAVE PAID TO US FOR THE PRODUCT DURING THE TWELVE (12) MONTHS IMMEDIATELY PRIOR TO THE TIME YOUR CAUSE OF ACTION AROSE.

NOTHING IN THIS SECTION SHALL AFFECT OUR LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM OUR NEGLIGENCE, FOR FRAUD OR FRAUDULENT MISREPRESENTATION, NOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

FOR PURPOSES OF THIS SECTION, OUR LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS ARE THIRD-PARTY BENEFICIARIES TO THE LIMITATIONS OF LIABILITY SPECIFIED HEREIN AND THEY MAY ENFORCE THIS EULA AGAINST YOU, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.

Indemnity

You are solely responsible for any damage caused to Us, Our licensors, channel partners and associated service providers and subcontractors, other users of the Product or any other individual or legal entity as a result of Your violation of this EULA.

YOU HEREBY AGREE TO DEFEND, INDEMNIFY AND KEEP INDEMNIFIED US AND OUR AFFILIATES, THEIR LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS AND THEIR SUBCONTRACTORS AGAINST ANY CLAIM OR ALLEGED CLAIMS, LIABILITIES, LOSSES DAMAGES AND ALL COSTS (INCLUDING LAWYERS’ FEES), DIRECTLY OR INDIRECTLY ATTRIBUTABLE TO YOUR FAULT AND/OR RESULTING FROM (A) A VIOLATION OF ANY PROVISION OF THIS EULA OR (B) YOUR USE OR MISUSE OF THE PRODUCT. We reserve the right to take sole responsibility, at Our own expense, for conducting the defense of any claim for which You agreed to indemnify Us. The provisions of this Section shall remain in force after termination of this EULA.

Termination

The EULA is effective from the earlier of the date You purchase, download or use the Product, until terminated according to its terms. You and Us (or Our licensors) may terminate this EULA, at any time, for any reason. Termination from Our side will be effective upon earlier of the date of (a) notice to You or (b) termination of Your Account (if any) or (c) at the time of Our decision to discontinue offering and/or supporting the Product. This EULA will terminate automatically if You fail to comply with any of the terms and conditions of this EULA. Upon termination for any reason, You must immediately uninstall the Product and destroy all copies of the Product in Your possession.

Changes to this EULA or to the Product

We reserve the right, in our sole and absolute discretion, to revise, update, change, modify, add to, supplement, or delete certain terms of this EULA for security, legal, best practice, regulatory or other reasons. Such changes will be effective with or, as applicable, without prior notice to You. You can review the most current version of this EULA on our website at https://shortofgenius.com/eula. You are responsible for checking this EULA periodically for changes. If any future changes to this EULA are unacceptable to You or cause You to no longer be in agreement or compliance with this EULA, You may terminate this EULA in accordance with the Termination Section and must immediately uninstall the Product and destroy all copies of the Product. Your continued use of the Product following any revision to this EULA constitutes Your complete and irrevocable acceptance of any and all such changes.

We may modify the Product for any reason or without any specific reason, at any time and at its entire discretion, in particular for technical reasons such as updates, maintenance operations and/or resets to improve and/or optimize the Product. You agree that the Product may install or download the modifications automatically. You agree that We may stop to support previous versions of the Product upon availability of an updated version. Our channel partners and associated service providers shall have no obligation to furnish any maintenance or customer support with respect to the Product. We also reserve the right to amend the Rules of Conduct set out in the Grant of License Section to place limits on the use of the Product.

Miscellaneous

Export Controls. The Product is subject to all applicable export and import restrictions. You must comply with all export and import laws and restrictions and regulations of the Republic of Serbia and foreign agency or authority relating to the Product and Your use of the Product.

Severance. If any court of competent jurisdiction or competent authority finds that any provision of this EULA is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of this EULA shall not be affected. If any invalid, unenforceable or illegal provision of this EULA would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable to reflect Our initial intentions.

No Waiver. No failure or delay from Our side (or Our licensors) to exercise any right or remedy provided under this EULA or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy. Waiver of a right or remedy may be considered to have taken place only after signing of a written statement to this effect by Us or by the User.

Applicable law and Dispute Resolution. To the extent permitted by applicable law, this EULA and all disputes relating to it shall be governed by and construed in accordance with the laws of Republic of Serbia, without giving effect to conflict of law principles, and any such dispute shall be finally resolved by the courts of Belgrade, Republic of Serbia.

For any questions concerning this EULA, you may contact Us at the following address: [email protected].

THIS EULA IS APPLICABLE ONLY TO THE EXTENT AUTHORISED BY THE APPLICABLE LAW.