Applicable from: February 5, 2014.
“Services” shall mean all services made available by Play Magnus, including but not limited to services accessed through mobile games, by means of a browser or by other online communication method.
"Software" shall mean all software programs distributed, published or otherwise made available by Play Magnus including, but not limited to mobile games, downloadable/installable games for personal computer, and games accessed by means of a browser or other online communication method. Software also includes updates and upgrades as well as accompanying manual(s), packaging and other written, files, electronic or on-line materials or documentation, and any and all copies of such software and its materials.
Software and Services are collectively referred to as “Play Magnus Services”.
The Software is licensed, not sold. By installing, using or accessing the Play Magnus Services you are considered to have accepted the terms of this EULA.
If you do not accept the terms of this EULA, do not install, use or access the Play Magnus Services.1. LICENSES
Subject to this EULA and subject to your compliance with this EULA, Play Magnus grants you a non-exclusive, non-transferable, non-sublicensable, limited license to use one copy of the Software for your personal non-commercial use for gameplay on a single computer or gaming unit. The Software is being licensed to you and you hereby acknowledge that no title or ownership in the Software is being transferred or assigned and this EULA is not to be construed as a sale of any rights in the Software.
Subject to this EULA and subject to your compliance with this EULA, Play Magnus hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited license to use the Services as provided by Play Magnus, for your personal non-commercial use, in the manner permitted by this EULA.
The term of your licenses under this EULA shall commence on the date that you install or otherwise use or access the Play Magnus Services and ends on the earlier date of either your disposal of the Play Magnus Services or Play Magnus’ termination of this EULA. Your license terminates immediately if you attempt to circumvent any technical protection measures used in connection with Play Magnus Services or you otherwise use the Play Magnus Services in breach of the terms of this EULA, cf. also section 9 of this EULA.
Play Magnus retains all right, title and interest in and to the Play Magnus Services, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, and patents whether registered or not and all applications thereof. The Play Magnus Services are protected by applicable laws and treaties throughout the world. Unless expressly authorized by mandatory legislation, you may not copy, reproduce or distribute the Play Magnus Services in any manner or medium, in whole or in part, without prior written consent from Play Magnus. All rights not expressly granted to you herein are reserved by Play Magnus.2. THIRD PARTY SERVICES
Play Magnus Services may include links to third party services and/or the third party services may be made available to you via Play Magnus Services. These services may include, but are not limited to photo sharing, email service, analytics and the like. These services are subject to respective third party terms and conditions.3. GENERAL LICENSE TERMS
YOU AGREE NOT TO:
a. commercially exploit the Play Magnus Services;
b. distribute, lease, license, sell, rent, lend, convey or otherwise transfer or assign the Play Magnus Services, any copies thereof, or any passwords or usernames of Play Magnus Services, without the express prior written consent of Play Magnus or as set forth in this EULA;
c. make a copy of the Play Magnus Services or any part thereof, including but not limited to Software (other than as set forth herein);
d. make the Play Magnus Services publicly available or available on a network for use or download by multiple users;
e. use or copy the Play Magnus Services at a computer gaming center or any other location-based site; provided, that Play Magnus may offer you a separate site license agreement to make the Play Magnus Services available for commercial use;
f. except as otherwise specifically provided by the Play Magnus Services or this EULA, use or install the Play Magnus Services (or permit others to do same) on a network, for on-line use, or on more than one computer or gaming unit at the same time;
g. copy, decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works based on or otherwise modify the Play Magnus Services, or any part thereof, unless expressly authorized by mandatory legislation;
h. remove, obscure or modify any copyright, trademark or other proprietary rights notices contained on or within the Play Magnus Services, falsify or delete any author attributions, legal notices or other labels of the origin or source of the material;
i. misrepresent the source of ownership of the Play Magnus Services;
j. scrape, build databases or otherwise create permanent copies of content returned from the Play Magnus Services; or
k. post, upload, transmit or otherwise disseminate information or photos to the Play Magnus Services that are obscene, indecent, vulgar, pornographic, sexual or otherwise objectionable.
However, with regards to installable Software that was delivered on a physical storage medium, you may transfer the entire Software and accompanying documentation on a permanent basis to another person as long as you retain no copies (including archival or backup copies) of the Software, accompanying documentation, or any portion or component of the Software accompanying documentation, and the recipient agrees to the terms of this EULA The Software is intended for private use only.
The Play Magnus Services may include measures to control access to the Play Magnus Service, prevent unauthorized copies, or otherwise attempt to prevent anyone from exceeding the limited rights and licenses granted under this EULA. Only Play Magnus Services subject to a valid license can be used to access online services, and download updates and patches. You may not interfere with such access control measures or attempt to disable or circumvent such security features. If you disable or otherwise tamper with the technical protection measures, the Play Magnus Services will not function properly.
The Play Magnus Services may require an internet connection to access the Play Magnus Services or its internet-based features, authenticate the Software, or perform other functions. In order for certain features of the Play Magnus Services to operate properly, you may be required to have and maintain an adequate internet connection and/or a valid and active account with an online service. By using the Play Magnus Services, you acknowledge and agree that third party data transfer fees may apply depending on your data plan.4. ADVERTISING
YOU ACKNOWLEDGE AND AGREE THAT:
a. the Play Magnus Services may feature advertisements from Play Magnus and/or third parties;
b. Play Magnus may at its sole discretion introduce advertising into any Play Magnus Services that do not presently contain advertising; and
Play Magnus may license to you certain virtual goods to be used within Play Magnus Services such as training videos and upgrades. Unless otherwise specified, these virtual goods shall be deemed an integral part of the Software. These virtual goods may be licensed both for a fee and without any separate fee, as applicable from time to time and as communicated in the Play Magnus app.
Any and all virtual goods are licensed to you on limited, personal, non-transferable, non-sublicensable and revocable basis and limited only for non-commercial use.
Play Magnus may manage, regulate, control, modify or eliminate virtual goods at any time, with or without notice. Play Magnus shall have no liability to you or any third party in the event that Play Magnus exercises any such rights.
Subject to mandatory legislation and the right to withdrawal cf. Section 6, you acknowledge that Play Magnus is not required to provide a refund for virtual goods for any reason, and that you will not receive money or other compensation for unused virtual goods, whether your loss of license under this EULA was voluntary or involuntary.7. RIGHT OF WITHDRAWAL
You have the right to withdraw from your purchase of virtual goods without penalty and without giving any reason until delivery of the relevant product has started.8. NO WARRANTIES
To the maximum extent permitted by applicable law, the Play Magnus Services are provided to you “as is,” with all faults, without warranty or guarantees of any kind, without performance assurances, and your use is at your sole risk. Play Magnus do not make, and hereby disclaim, any and all express, implied or statutory warranties, including implied warranties of condition, uninterrupted use, accuracy of data (including but not limited to location data), merchantability, satisfactory quality, fitness for a particular purpose and non-infringement of third party rights. Play Magnus do not warrant that operation of the Play Magnus Services will be uninterrupted or error-free, or that the Play Magnus Services will interoperate or be compatible with any other Play Magnus Services or that any errors in the Play Magnus Services will be corrected. No oral or written advice provided by Play Magnus or any authorized representative shall create a warranty. The above exclusions and limitations apply only to the fullest extent permitted by law in the applicable jurisdiction.9. LIMITATION OF LIABILITY
In no event will Play Magnus be liable for special, incidental or consequential damages resulting from possession, access, use or malfunction of the Play Magnus Services, including but not limited to, damages to property, loss of goodwill, computer failure or malfunction and, to the extent permitted by law, damages for personal injuries, property damage, lost profits or punitive damages from any causes of action arising out of or related to this EULA or the Software whether or not Play Magnus have been advised of the possibility of such damages.
This limitation of liability shall apply to the maximum extent permitted by law in the applicable jurisdiction. This EULA gives you specific legal rights, and you may have other rights that vary from jurisdiction to jurisdiction.
In no event shall Play Magnus’ liability for all damages (except as required by applicable law) exceed the actual price paid by you for use of the Play Magnus Services or ten euros (euro 10), whichever less.10. OTHER TERMS AND CONDITIONS
This EULA will terminate automatically if you fail to comply with its terms and conditions. In such event, you must destroy all copies of the Software and all of its component parts and cease and desist from accessing any Play Magnus Services. With regards to Software delivered on a physical storage medium you can end this EULA by destroying the Software and all copies and reproductions of the Software and deleting and permanently purging the Software from any client server or computer on which it has been installed.
This EULA represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them. Play Magnus reserves the right, at its discretion, to change, modify, add or remove portions of this EULA by posting the updated EULA on Play Magnus’ website www.magnuscarlsen.com/playmagnus. You will be deemed to have accepted such changes by continuing to use the Play Magnus Services. If any provision of this EULA is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the remaining provisions of this EULA shall not be affected.
You agree to indemnify, defend and hold Play Magnus, its partners, contractors, officers, directors, employees and agents harmless from and against any and all damages, losses and expenses arising directly or indirectly from: (i) your acts and omissions to act in using the Play Magnus Services pursuant to the terms of the EULA; or (ii) your breach of this EULA.
For purposes of this EULA, an “affiliate” or Play Magnus means any legal entity that is directly or indirectly controlled by Play Magnus for so long as such control lasts. Control shall exist through direct or indirect ownership of more than 50 % of the nominal value of the issued equity share capital or more than 50 % of the shares entitling the holders to vote for the election of the members of the board of directors or persons performing similar functions.
GOVERNING LAW AND DISPUTE RESOLUTION
This EULA will be governed by the laws of Norway. The United Nations Convention for the International Sale of Goods shall not apply. Any dispute, controversy or claim arising out of or relating to this EULA or the breach, termination or validity thereof which is not settled amicably shall be finally settled by Norwegian courts.
IF YOU HAVE ANY QUESTIONS CONCERNING THIS EULA, YOU MAY CONTACT firstname.lastname@example.org.