GOLD TOWN GAMES END USER LICENCE AGREEMENT

GOLD TOWN GAMES END USER LICENCE

AGREEMENT (EULA)

Date of Last Revision: 20 May 2018

IMPORTANT NOTICE:

The following end user licence terms ("EULA") apply to all use,

download and installation of each version of World Hockey Manager and World Football Manager

("the Game”).

Please read this EULA carefully before using the game and if you have

any concerns regarding this document please contact

support@goldtowngames.com.

YOU SHOULD READ THE FOLLOWING EULA CAREFULLY, BEFORE

USING, DOWNLOADING OR INSTALLING THE GAME. ALL USE OF

THE GAME IS GOVERNED BY AND CONDITIONAL ON YOUR

ACCEPTANCE OF AND COMPLIANCE WITH THIS EULA. ANY USE,

REPRODUCTION OR REDISTRIBUTION OF THE GAME NOT IN

ACCORDANCE WITH THE TERMS OF THIS EULA IS EXPRESSLY

PROHIBITED. IF YOU DO NOT ACCEPT THE TERMS OF THE GAME

EULA, YOU MAY NOT USE, DOWNLOAD OR INSTALL THE GAME.

1.1 This game and any accompanying online or electronic

documentation or artwork has been produced by and is the property of

Gold Town Games AB company number 559000-7430. In this document

also referenced as “we” and “ous”.

1.2 THE TERMS AND CONDITIONS BELOW SET OUT THE

AGREEMENT BETWEEN YOU ("you") AND US FOR THE

DOWNLOAD, INSTALLATION AND USE OF THE GAME (AND ANY INAPP

PURCHASES, COMPETITIONS, CONTENT AND SERVICES) SO

PLEASE READ THIS CAREFULLY.

1.3 BY DOWNLOADING AND USING THE GAME YOU ARE

AGREEING TO BE BOUND BY AND BECOME A PARTY TO THIS

EULA. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS

EULA YOU SHOULD NOT PURCHASE, DOWNLOAD OR USE THE

GAME.

2. IMPORTANT TERMS

2.1 ANY USE, REPRODUCTION OR REDISTRIBUTION OF THE

GAME EXCEPT IN ACCORDANCE WITH THIS EULA IS EXPRESSLY

PROHIBITED.

2.2 THIS EULA LIMITS OUR LIABILITY AS SET OUT IN CLAUSE 11

BELOW.

2.3 IF YOU ARE UNDER THE AGE OF 16 YOU MUST GET YOUR

PARENT OR GUARDIAN’S PERMISSION TO DOWNLOAD, INSTALL

AND USE THE GAME.

3. THIRD PARTY SERVICES

3.1 We may link to, incorporate or use third party software and services

such as social networking or sharing features within the Game. Use of

any such software or services is subject to the terms of those third

parties, and you agree to comply with any such third party terms and

conditions when using the Game.

4. YOUR USE OF THE GAME

4.1 By downloading and installing the Game, you confirm that you are

either over 18 years of age, or if you are under 18 years old, that you

are 13 years of age and older and you have obtained your parent or

guardian’s consent to download, install and use the Game subject to this

EULA which they have read.

4.2 As a condition of using the Game, our Privacy Policy shall apply. You

confirm that you have read the Privacy Policy so that you understand

how we collect personal and non-personal data. All data that we collect

is used to understand and improve your use of the Game, and to

provide the functionality of the Game to you as otherwise set out in the

Privacy Policy.

4.3 Subject to the privacy settings in the Game as set by you, we may

send you push notifications to your device whilst the Game is installed

and including whilst the Game is not running in the foreground or in the

background.

4.4 You acknowledge that we have no control over how other users use

the Game and therefore we have no control over the quality of

information posted on the service. Accordingly we give no warranties or

representations with respect of the accuracy or reliability of any content

made available via the Game and the service generally.

5. OWNERSHIP OF THE GAME AND CONTENT

5.1 Unless otherwise expressly specified, all right, title, interest and

ownership rights and any copyright, design right, database right, patents

and any rights to inventions, know-how, trade and business names,

trade secrets and trade marks (whether registered or unregistered) and

any applications therefor and other intellectual property rights (together

"Intellectual Property Rights") in the Game and the Game content,

including but not limited to all musical samples, text, software, scripts,

code, designs, graphics, photos, sounds, music, videos, applications,

interactive features and all other content ("Content") belong to us. All

rights are asserted and reserved, save for those granted under this

EULA.

5.2 You are not sold the Game or any Content but, subject to your

compliance with all conditions of this EULA, we grant you a nonexclusive,

personal, revocable, non-transferable licence to use the

Game and Content for your lifetime on devices which you own or control

and which have the necessary specifications to run and operate the

Game.

5.3 All third party trade names and trade marks are the property of their

respective owners and we make no warranty or representation in

relation thereto. More specifically, we do not claim or assert any right

title or interest in any third party communications or any information or

data contained in the Game that refers to real world events, people,

organisations, teams, clubs, places, stadia, companies, or competitions

("Real World Data").

5.4 All Real World Data and all rights in Real World Data are the

property of their respective owners and we do not have and do not

represent any connection or association with any Real World Data or

any subject of any Real World Data.

5.5 If you are a rights owner (or agent acting for a rights owner) and

believe that any content made available through the Game infringes

your intellectual property rights and you wish us to remove it or suspend/

disable access to it, please send a notice by email to

support@goldtowngames.com with "Intellectual property rights" in the

email subject line. In your email you must set out the following

information: Details of the content you claim is infringed, together which

sufficient information for us to identify the content within the Game.

6. ACCOUNTS

6.1 You need to set up an account in order to use and access the Game.

To set up an account you will need to register by submitting certain

information and choose a username and password.

6.2 The username and password chosen by and issued to you upon

registration with us is personal to you and shall not be disclosed to any

third party without our prior written consent.

6.3 You agree, accept and understand that:

6.3.1 you will ensure information held about you by us is accurate and

up to date and that you can amend your registration details at any time

by writing to us at support@goldtowngames.com;

6.3.2 you are and shall remain responsible for maintaining the

confidentiality of your account credentials;

6.3.3 you are solely liable for any use of the Game using your account.

6.3.4 The name you have signed up with will be part of the game

storyline and will be visible to other players.

7. ONLINE SERVICE

7.1 We may, but shall not be obliged to, provide and maintain certain

online functionality, online network play connectivity and interactivity and

other online features relating to the Game ("Online Service") subject to

the terms and conditions of this EULA. In connection therewith the

following additional terms in this clause 9 shall apply.

7.2 We will not be liable in any amount for failure to perform any

obligation under this EULA if such failure is caused by the occurrence of

any unforeseen contingency beyond its reasonable control including

without limitation Internet outages, communications outages, fire, flood,

war.

7.3 Except as expressly provided above there are no other warranties,

conditions or other terms, express or implied, statutory or otherwise, and

all such terms are hereby excluded to the maximum extent permitted by

law, and subject to your mandatory consumer rights.

7.4 To the maximum extent permitted by law, and save as expressly

provided in this EULA, we give no warranty in connection with the

Online Service and exclude liability for any loss or damage of any kind

howsoever arising, including without limitation any direct, indirect,

punitive or consequential loss whether or not such arises out of any

problem you notify to us and we shall have no liability to pay any money

by way of compensation, including without limitation all liability in relation

to:

7.4.1 the availability of the Online Service;

7.4.2 any incorrect or inaccurate information on the Online Service and

all errors, interruptions to or delays in updating the Online Service;

9.4.3 the infringement by any person of any Intellectual Property Rights

of any third party caused by their use of the Online Service;

7.5 We cannot guarantee that the Online Service or a particular part of

the Online Service or any Contributions (as defined in clause 10) will

always be available.

8. COMMUNICATIONS

8.1 The Game may allow you and other users of the Game to send

communications to us or third parties or contribute content of your own

for use in the Game or otherwise by us or third parties (each a

"Contribution"). To the extent that such Contributions are permitted by

the Game, it is an information and entertainment service and ancillary to

this we are involved in the transmission, storage, retrieval, hosting,

formatting or translation of third party communications without selection

or alteration of the content of the communication, for which the Game is

a mere conduit. By installing or using the Game you agree we have no

responsibility to review the content of any Contributions and that all

Contributions are made available on the basis that we are not required

to and do not exercise any control or judgement in respect of their

content. For the avoidance of doubt, the views expressed in any

Contributions are the views of the individual authors and not those of us

unless expressly specified otherwise by us.

8.2 We shall be entitled to remove, restrict, suspend or alter any user

account and any Contribution (and the ability to share or create

Contributions) for any reason in our discretion including, without

limitation, because conduct or content associated with such account or

Contributions might be unacceptable as described in this EULA.

8.3 You agree we may use, publish, edit, modify and adapt the

Contributions you make available, or post to or transmit to the Game

("Your Contributions") for any and all purposes relating to the Game and

our business and you hereby grant us an irrevocable, sub-licensable,

unrestricted non-exclusive right and licence and all necessary

permissions, consents and licences required for us to use Your

Contributions in that way. You further waive all so called moral rights in

Your Contributions.

8.4 To the extent that Your Contributions are derived from the Game or

material provided by us you hereby assign to us all intellectual property

rights subsisting in Your Contributions which are owned by you.

8.5 You agree and undertake that you are entitled to make available, or

post to or transmit to the Game Your Contributions and to grant us those

rights set out in clause 8.3, and will not make available, or post to or

transmit to the Game any statement, material or other Contributions, nor

use the Game in any way, that:

8.5.1 is abusive, seditious, pornographic, aggressive, homophobic,

defamatory, libellous, untrue, hateful, discriminatory, obscene,

inflammatory or racist;

8.5.2 harasses, bullies or intimidates any person;

8.5.3 involves exploitative behaviour, through but not limited to, third

party programs, bots, scripts or other means which are reasonably

prohibited by us from time to time, or which take advantage of bugs,

unintended errors, or features that have not been documented, to

access restricted parts of the Game or gain an unfair advantage;

8.5.4 involves selling or trading your Game account or characters, or

dealing or trading in currency (whether or not this occurs inside or

outside of the game for in-game items) or which otherwise constitutes

activity which we reasonably deem against the "spirit" of the Game;

8.5.5 encourages any violation of this EULA or of a TPSP’s terms of

service;

8.5.6 is unlawful, malicious, misleading (including impersonation),

discriminatory or which gives rise to civil or criminal liability or which

might call us or the Game into disrepute;

8.5.7 infringes upon the intellectual property or other rights of any third

party or facilitates or encourages such infringement or entails the

distribution of any player’s personal information (other than your own, as

a private message);

8.5.8 is technically harmful such as the introduction of computer viruses,

worms, logic bombs or other malicious software or harmful data, or

otherwise attempts to or actually does modify or interfere with the Game

or overburden or disrupt any computer or server used by the Game;

8.5.9 may be deemed a marketing or commercial communication;

8.5.10 promotes any illegal or unlawful activity including but not limited

to solicitation, gambling or the sale of prescription medicines;

8.5.11 is aimed at persons under the age of 18 or which seeks or

attempts to make any arrangement to meet a person under the age of

18;

8.5.12 contains any restricted material, including but not limited to

passwords, medical information or confidential information of any

person;

8.5.13 constitutes, in our reasonable opinion, cheating or misuse of the

Game, or an attempt to gain unauthorised access to the Game or parts

thereof, or to the accounts of other users or networks or devices; or

8.5.14 solicits, invites, encourages, advocates, incites or provokes any

or all of the foregoing.

8.6 If you discover Communications which you believe contravene the

EULA please notify us via the email address

support@goldtowngames.com.

8.7 In the event that you breach any provision of this EULA we may

suspend your access to the Game or part thereof.

9. VIRTUAL GOODS

9.1 This clause applies insofar as the Game permits you to use a third

party payment mechanism such as Google Play IAP and Appstore IAP

to obtain virtual in-game items ("Virtual Items").

9.2 Purchases of Virtual Items are subject to the terms of any TPSP

through which your purchase is made. To the extent that this clause 9

conflicts with such agreement between you and the relevant TPSP in

respect of your purchase of Virtual Items, the terms of your agreement

with the TPSP shall prevail.

9.3 To cancel a purchase you can request a refund through the platform

on which you made that purchase.

9.4 You understand and agree that Virtual Items have no cash or

redemption value and your licence to use them will be suspended and/or

terminated if you are denied access to your account or your account is

shut down, frozen or terminated for any reason in accordance with this

EULA and we shall have no obligation to make any refund or otherwise

compensate you in any amount under such circumstances unless

expressly indicated otherwise, and subject to your mandatory consumer

rights.

10. INDEMNITY / COMPENSATION

10.1 You agree to indemnify (compensate) us and keep us indemnified

from and against all claims, damages, expenses, costs and liabilities

(including legal fees) relating to or arising from your use of the Game or

arising from any breach or suspected breach of this EULA by you or

your violation of any law or the rights of any third party.

10.2 You further agree that we would be irreparably damaged if the

terms of this EULA were not specifically enforced, and therefore you

agree that we shall be entitled, without bond, other security, or proof of

damages, to appropriate equitable remedies with respect to breaches of

this EULA, in addition to such other remedies as we might otherwise

have available under applicable laws.

11. TERM AND TERMINATION

This EULA takes effect upon your download, installation and/or use of

the Game and remains effective until terminated by either of us. You

may terminate this EULA at any time by deleting all copies of the Game

from devices on which you have installed it. The EULA shall

automatically terminate if you fail to comply with any term or condition of

this EULA. Upon termination you shall cease all use of the Game and

delete all copies of the Game.

12. SUPPORT AND CONTACTING US

12.1 The Game is provided "as is". However if you need any help and

support please email info@undergroundcreative.com and we shall

endeavour to assist you.

13. OUR LIMITATIONS OF LIABILITY

13.1 THE GAME (INCLUDING ANY VIRTUAL ITEMS) IS PROVIDED

‘AS IS’ AND ON AN ‘AS AVAILABLE’ BASIS WITHOUT ANY

REPRESENTATION, ENDORSEMENT OR WARRANTY OF ANY KIND

OTHER THAN THAT IT WILL BE OF SATISFACTORY QUALITY, AS

DESCRIBED, AND FIT FOR PURPOSE.

13.2 WE DO NOT GUARANTEE THAT THE GAME WILL BE (I) FREE

OF ERRORS OR BUGS OR OTHER DEFECTS; OR (II) THAT THE

GAME OR ANY INFORMATION DISPLAYED OR DISTRIBUTED

THROUGH THE GAME OR IN THE ACCOMPANYING

DOCUMENTATION WILL BE ACCURATE OR COMPLETE; OR (III)

THAT ANY DEFECTS IN THE GAME WILL BE CORRECTED; OR (IV)

THAT OPERATION OF THE GAME WILL BE UNINTERRUPTED.

13.3 WE SHALL HAVE NO LIABILITY IN RESPECT OF THE

CONTENT, TRANSMISSION, RECEIPT, HOSTING, PROCESSING OR

OTHER USE OF ANY CONTRIBUTION.

13.4 YOU ACKNOWLEDGE THAT USE OF THE GAME OR RELIANCE

ON ANY SUCH INFORMATION SHALL BE AT YOUR SOLE RISK.

13.5 NOTHING IN THIS EULA SHALL EXCLUDE OR LIMIT OUR

LIABILITY FOR FRAUDULENT MISREPRESENTATIONS OR FOR

DEATH OR PERSONAL INJURY RESULTING FROM OUR

NEGLIGENCE OR THAT OF OUR EMPLOYEES OR AGENTS.

13.6 TO THE FULLEST EXTENT PERMISSABLE BY LAW, INCLUDING

IN YOUR LOCAL JURISDICTION, WE EXCLUDE ALL OTHER

LIABILITY FOR ANY LOSS OR DAMAGE, INCLUDING ANY LIABILTY

OR DAMAGE TO ANY DEVICE OR COMPUTER SYSTEM (SAVE TO

THE EXTENT THAT DAMAGE TO YOUR DEVICE OR OTHER DIGITAL

CONTENT WHICH YOU OWN IS CAUSED BY THE GAME AS A

RESULT OF OUR FAILURE TO USE REASONABLE CARE AND SKILL

IN WHICH CASE YOU MAY BE ENTITLED TO COMPENSATION OR

WE MAY BE OBLIGED TO REPAIR YOUR DEVICE).

13.7 NOTHING IN THIS EULA SHALL LIMIT YOUR STATUTORY

CONSUMER RIGHTS AND THIS EULA MAY BE INTERPRETED

ACCORDINGLY BY DEEMING IT TO INCORPORATE THE MINMUM

NECESSARY CHANGES TO GIVE EFFECT TO YOUR LOCAL

STATUTORY CONSUMER RIGHTS.

13.8 YOU ACKNOWLEDGE THAT THE GAME HAS NOT BEEN

DEVELOPED TO MEET YOUR INDIVIDUAL REQUIREMENTS AND

THAT IT IS THEREFORE YOUR RESPONSIBILITY TO ENSURE THAT

THE FACILITIES AND FUNCTIONS OF THE GAME MEET YOUR

REQUIREMENTS.

13.9 OUR ENTIRE LIABILITY TO YOU, AND TO THE EXTENT WE

CAN NOT EXCLUDE IT, WHERE PERMISSABLE BY LAW, SHALL BE

LIMITED TO THE PURCHASE PRICE OF THE GAME OR ANY IN-APP

PURCHASES MADE FROM US BY YOU IN THE 3 MONTHS

IMMEDIATELY PRECEDING THE DATE UPON WHICH THE CAUSE

OF ACTION AROSE. IN THE EVENT THE FOREGOING IS DEEMED

UNREASONABLE BY A COURT OF COMPETENT JURISDICTION,

YOU AGREE THAT OUR LIABILITY IS CAPPED AT £10.

13.10 IN THE EVENT THAT TPSP REFUNDS YOU THE PURCHASE

PRICE AND/OR IN-APP PURCHASE PRICE (IF APPLICABLE) IN

ACCORDANCE WITH THE TERMS OF SALE OF THAT TPSP, THEN

BOTH THAT TPSP AND WE WILL HAVE NO FURTHER WARRANTY

OBLIGATION WHATSOEVER WITH RESPECT TO THE GAME, AND

ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR

EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM WITH

THE WARRANTIES SET OUT IN THIS EULA OR OTHERWISE

IMPLIED BY LAW. AS A CONDITION OF THE REFUND, YOU ARE

REQUIRED TO DELETE THE GAME.

14. RESTRICTIONS

14.1 You may only use the Game for your personal, private and noncommercial

use, and you agree not to:

14.1.1 hack, attempt to hack, modify, adapt, merge, translate,

disassemble, decompile or reverse engineer or create derivative works

out of the Game or any information contained in it, to the fullest extent

permitted by applicable law;

14.1.2 make the Game available to any third party;

14.1.3 use or deal in the Game except as permitted by these terms and

conditions;

14.1.4 include contact details intended to facilitate communication

outside of the Game, in any Contribution;

14.1.5 use your access to the Game, or information gathered from it, for

the sending of unsolicited bulk email;

14.1.6 make any public or commercial use of the Game without our prior

written consent;

14.1.7 display, publish, copy, print, post or otherwise use the Game and

the information contained therein for the benefit of any third party or web

site without our prior written consent;

14.1.8 use the Game and any Contributions nor process or use the

information contained on or within the Game unfairly or for any illegal or

immoral purpose;

14.1.9 use the Game and any Contribution nor process or use the

information contained on or within the Game for any commercial or

business purpose;

14.1.10 sell, distribute, reproduce, transfer, publicly display, translate,

modify, adapt, create derivative works from, deconstruct, reverse

engineer, decompile or disassemble, rent, lease, loan, sub-license or

otherwise deal in copies or reproductions of the Game or Content in any

way except as expressly permitted by this EULA;

14.1.11 remove, delete, obscure, disable, modify, add to or tamper with

any program code or data, copyright, trade mark or other proprietary

notices and legends contained on or in the Game or the Content;

14.1.12 create software which replicates or mimics any data or

functionality in the Game;

14.1.13 remove, disable or circumvent any copy protection software

contained on or within the Game or Content;

14.2 Notwithstanding clause 14.1 you may reverse engineer, decompile

or disassemble the Game only insofar as you are entitled to do so by the

Copyright, Designs and Patents Act 1988 or other applicable law.

14.3 All works or copies of works arising from activities permitted by

clause 16.2 shall belong to, vest in and be the exclusive property of us

upon creation, and you shall permanently delete all such works in your

possession or control immediately once you have concluded those

activities.

15. CHANGES TO THIS EULA

15.1 We may change this EULA for any legal, regulatory or security

reasons, or for any other reason we reasonably decide, including

without limitation, where such change is required or encouraged by a

TPSP. We will notify you of any changes and you will be required to

accept the changes to continue to use the Game.

16. SEVERANCE

16.1 If any provisions of this EULA are held to be invalid or

unenforceable, the remaining provisions will remain in full force and

effect.

17. COMPLAINTS AND ALTERNATIVE DISPUTE RESOLUTION

17.1 Should you have any queries or complaints, please get in touch at:

support@goldtowngames.com.