End User Licence Agreement
of ByteRockers’ Games GmbH & Co KG, Schlossstraße 110, 12163 Berlin, HRA 40774B at Amtsgericht Berlin-Charlottenburg (hereinafter "ByteRockers’", "we" or "us").
By selecting the "I agree" button, installing or playing our Games, you agree to be bound by these End User Licence Agreement (the "EULA"). Acceptance of these EULA is mandatory for the installation and use of the software and other services provided by us. Installation or other use of our Games is prohibited without consent.
§ 1 Subject of the contract
The subject matter of these EULA is the use of the software and other services created by us (collectively in these EULA "Games").
§ 2 Licence
(1) ByteRockers’ grants you a personal, time-limited, non-transferable, revocable and non-exclusive licence for the private use of the Games. Use of the Games means those types of actions that are necessary to play/operate/install the Games. Any further actions are not covered by this licence.
(2) Sub-licensing, renting, lending or otherwise passing on the licence is prohibited, unless ByteRockers’ explicitly declares its prior consent or the use is permitted by law, e.g., the German Copyright Act (UrhG).
(3) Any physical usage of the Games, e.g. distribution or reproduction, is prohibited unless permitted under paragraph (1), ByteRockers’ has given its prior consent or such usage is permitted by law, in particular under the UrhG.
(4) Any public display or reproduction of the Games, e.g. in the form of making the Games available to the public or public display, is prohibited, unless such reproduction is permitted under paragraph (1), ByteRockers’ has given its prior consent or such reproduction is permitted by statutory provisions, in particular under the UrhG. We tolerate the streaming of the Games on streaming portals, such as Twitch or YouTube, or the embedding of in-game recordings on video portals, such as YouTube, insofar as this is covered by the declaration of consent available at https://www.byterockers.games/duldungserklärung?lang=en.
§ 3 Hardware, Installation
(1) You are solely responsible for ensuring that our Games are executable and usable in the hardware and system environment used by you. In this regard, we specify minimum system requirements that are based on the current version of the operating system of the respective platform at the time of the release of our Games.
(2) You are responsible for the installation of our Games.
§ 4 Online stores
§ 5 Early Access
We make some of our Games available to you before their release (“early-access-games”). Until the release of the game in version 1.0, functionalities may be limited.
§ 6 Your duties
(1) We are committed to providing each of our users with the best possible user-experience in our Games. For this reason, we have established the following rules of conduct, which you agree to abide by installing or using/playing our Games or by agreeing to these EULA.
(2) You are obliged to observe the laws and guidelines applicable to you, in particular the provisions of copyright, trademark, patent, design and other intellectual property law as well as the criminal laws and principles of general personal rights.
(3) You are obliged to regularly back up your data in systems in which our Games are installed in and to take appropriate security measures against possible data loss. The question of regularity and appropriateness depends on the significance of the data in question; the more significant the data, the more often it must be backed up and the more extensive the protective measures must be. For data used for business purposes, a backup must be carried out at least daily and data loss must be protected by regular hardware maintenance and anti-virus software.
(4) Beyond that, you commit yourself,
not to interrupt, obstruct or otherwise interfere with servers used for the use of our Games and the respective networks;
not to harass, annoy, restrict, bully, or otherwise interfere with a third party in such a way that their experience of our Games is unreasonably adversely affected,
not to develop, support, sell or otherwise use any software, scripts, robots or other mechanisms designed to alter, exploit, abridge or otherwise influence the mechanics of our Games, in particular where this involves "cheating",
not to infringe intellectual property rights, in particular by using, sharing or otherwise publicly reproducing protected legal rights in the context of our Games,
not to offer or provide any services that involve the use or playing of our Games for a third party, in particular "boosting" or "leveling",
not to distribute, advertise or otherwise bring into circulation any malware through our Games,
not to identify other users or people in the real world using public information available in our Games,
not to read and/or decompile the source code of our Games, unless this is explicitly permitted in accordance with § 2 of these EULA,
not to deliberately hinder or otherwise impair the user experience of our Games, in particular by intentionally causing server overloads (DDoS attacks).
(5) We have the right to monitor the obligations set out above by taking protective measures, warning you, suspending you temporarily or permanently and taking other actions to enforce the obligations. If we do not make use of our rights under this paragraph, this will not constitute a waiver.
§ 7 Updates
We are constantly working to improve your gaming experience. To do so, it may be necessary to update or otherwise modify our Games. This may result in the loss or unusability of savegames, in-game purchases, achievements or other game-related content. These may have an adverse effect on you.
§ 8 Termination and other measures
(1) In the event of violations of these EULA, in particular of your obligations standardised in § 6, we are entitled to terminate this Agreement immediately without notice.
(2) The right to terminate in accordance with the statutory provisions remains unaffected.
§ 9 Data protection
(1) We process your personal data in accordance with the legal requirements and our data protection regulations. You can see the latest information regarding the processing of your personal data at: https://www.byterockers.games/datenschutz?lang=en
§ 10 Responsibility, accessibility
(1) Some of our Games or certain functionalities of the Games can only be used via the Internet. We are not responsible for the quality and/or availability of your internet connection; please contact your internet provider.
(2) ByteRockers’ does not guarantee that the Games will be available at all times and/or worldwide. We also reserve the right to discontinue support for our Games in accordance with the statutory provisions and/or to remove Games from the market entirely. Thus, we are also entitled, within the framework of the legal requirements, to discontinue functionalities of our Games permanently or temporarily, in particular online functions.
§ 11 Our liability
(1) Our liability is determined by the following conditions:
(2) We are liable without limitation
in the event of intent or gross negligence,
for injury to life, body or health,
in accordance with the provisions of the Product Liability Act and
to the extent of any warranty assumed by us.
(3) In the event of a slight negligent breach of an obligation arising from a paid contract which is essential for achieving the purpose of the contract (cardinal obligation), the amount of our liability shall be limited to the damage which is foreseeable and typical according to the nature of the transaction in question. Cardinal obligations are those whose fulfilment is necessary to achieve the objective of the contract. In the case of Games provided free of charge, our liability is limited as stated in paragraph (2).
(4) We shall not be liable for any other breach of duty and the resulting damage. This includes in particular damages caused by slight negligence which are not based on the breach of a cardinal obligation within the meaning of paragraph (2).
(5) The abovementioned limitation of liability also applies to the personal liability of our employees, representatives and corporate bodies.
§ 12 Applicable Law; Arbitration Board
(1) These EULA and our contractual relationship will be governed by the laws of your jurisdiction as set out below:
(2) If you are a resident of a Member State of the European Union, Brazil, Hong Kong, Mexico, Russia, Switzerland, South Korea, the United States or the United Kingdom, this Agreement is governed by the laws of your country of residence.
(3) If you are domiciled in a country other than the countries referred to in paragraph (2), this Agreement shall be governed by the laws of the Federal Republic of Germany to the extent permitted by the laws of your country of domicile.
(4) The European Commission provides an online dispute resolution platform (ODR platform) for consumers. We are not obliged to participate or cooperate in a dispute resolution procedure. We reserve the right to participate in proceedings before the arbitration board in individual cases. You can reach the ODR platform at https://ec.europa.eu/consumers/odr
§ 14 Final provisions
(2) Each contracting party is only entitled to set off claims if these are undisputed or have been stated by a court of law.
(3) If any provision of these EULA is void or voidable for any other reason, the remaining EULA shall nevertheless remain in effect. You and we are aware that, according to the case law of the German Federal Court of Justice, a severability clause only leads to a reversal of the burden of proof. However, it is the express intention of the parties to these EULA to preserve the validity of the remaining provisions in any case and accordingly to exclude the applicability of § 139 of the German Civil Act (BGB) altogether. In such a case, the contracting parties undertake to agree on a provision in place of the void, voidable or ineffective provision which comes as close as possible to its meaning and ensures a corresponding economic success.