Last updated: August 15th, 2016
Skies Technologies Inc., trading address: 1013 Centre Road, Suite 403-B, Wilmington, Delaware, 19805, USA, (“Skies Technologies Inc.”) provides this game client software application (along with any updates, the “Software”) in relation to our game, The Skies (the “Game”, and collectively with the Software and Skies Technologies Inc’s related services, the “Service”), for your personal use only, subject to this End User License Agreement (the “EULA”) as well as Skies Technologies Inc’s Terms of Service (the “Terms”), which are incorporated by reference herein. This EULA and the Terms, as modified from time to time, govern your use of the Game, Software and Service.
By downloading, installing, accessing or using the Software, you agree that you have read, understood, and agree to be bound by this EULA and the Terms. If you do not agree, you may not download, install, access or use the Software.
This EULA incorporates the rules and guidelines that apply to your use of the Game (the “Game Rules”). The Game Rules are incorporated herein (Exhibit A), and form part of this EULA. You confirm your agreement to this EULA including the Game Rules as part of the installation process of the Game (if applicable) or by using the Game. If you do not agree to this EULA or the Game Rules, please do not attempt to install the Software or use the Game.
0. Limited License
3.1 Subject to your compliance with the terms and conditions set forth in this EULA and the Terms (including without limitation payment of any applicable fees), Skies Technologies grants you:
(a) a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use one copy of the Software as downloaded directly from Skies Technologies Inc. or made available by an authorized Skies Technologies Inc’s distributor, solely in object code format and solely for your personal, non-commercial use for lawful purposes; and
(b) non-exclusive permission to access and use the Service for your personal, non-commercial use for lawful purposes, solely through the use of a licensed copy of the Software.
3.2 You may not reproduce, distribute, publicly display, publicly perform, or otherwise use the Software, except as expressly set forth herein. Except and solely to the extent such a restriction is impermissible under applicable law, you may not (a) decompile, reverse engineer, or otherwise access or attempt to access the source code for the Software, or make or attempt to make any modification to the Software or any portion thereof; or (b) interfere with or circumvent any feature of the Software or the Service, including without limitation any security, or access control mechanism, or use any automated scripts, tools, “bots” or otherwise exploit the system for the purpose of altering the game play or eliminating, reducing, or otherwise circumventing fees that would otherwise be payable, or attempt to do any of the foregoing. The term Software, as used herein, includes any update or modification to the Software made available to you by Skies Technologies Inc. (unless provided with separate terms). If you are prohibited under applicable law from using the Software or the Service, you may not use them.
0. Amendments to this EULA and the Game Rules
4.1 Skies Technologies Inc. reserves the right, in its sole discretion, to change, modify, add, or remove portions of this EULA on a going forward basis at any time by making such modified EULA available to you on the Skies Technologies Inc’s websites (the “Sites”) or through the Software, or both. The EULA will be identified as of the most recent date of revision and will be effective immediately upon posting, except as follows: (a) in the event any such modification materially alters your rights hereunder, we will attempt to notify you directly through a message sent to the email address you have provided to Skies Technologies Inc, if any, or a pop-up window or other notification when you access or use the Service, (b) such materially modified EULA will be effective upon the earlier of your use of the Service with actual knowledge of the changes or thirty days after the changes are made available to you, and (c) any dispute between you and Skies Technologies will be resolved in accordance with the EULA and Terms in place at the time such dispute arose. Your use of the Service after modifications to the EULA become effective constitutes your binding acceptance of such changes. If you are dissatisfied with the terms of the EULA, then you agree that your sole and exclusive remedy is to discontinue any use of the Service.
4.2 From time to time we may also need to amend the Game Rules, for example to address issues that may arise in the Game or the way that the Game is being played and to ensure that the Game continues to be enjoyable for all users. The latest version of the Game Rules will always be available on the Sites. Any new version of the Game Rules shall take effect immediately upon the date of posting on the Sites. If you continue to use the Game after a new version of the Game Rules takes effect, then you shall be considered to have accepted the amended Game Rules.
0. Technical Requirements
By using the Software you agree that you have the necessary hardware, software and capability (including a suitable connection to the Internet) required for the use of the Game. We accept no responsibility or liability for any failure of your system to meet the technical requirements of our Game.
0. Patches, Updates and Changes
6.1 From time to time, we may need to:
(a) deploy or provide patches, updates, additional content or other modifications to the Software (for example to enhance online gameplay, to add new features or to resolve software bugs); and
(b) remove or suspend access to particular features, content or other parts of the Game.
6.2 We need to take the actions referred to in section 6.1 automatically in order to keep the Software and Game running efficiently. It is therefore not practicable to ask for your approval or even to notify you before we take these actions and you confirm that you consent to us taking these actions without your prior approval and without any prior notice.
0. Intellectual Property
7.1 The Service, including the Software, is owned and operated by Skies Technologies Inc. and its third party suppliers and licensors. The Software and Game, including without limitation the code, graphics, game play, user interface, audio and other content (the “Skies Technologies Inc.’s Materials”), are protected by copyright, trade dress, patent, and trademark laws of the United States and other jurisdictions, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. As between you and Skies Technologies Inc., all Skies Technologies Inc. Materials, including intellectual property rights therein and thereto, are the sole and exclusive property of Skies Technologies Inc. or its subsidiaries or affiliated companies and/or third-party licensors. You may not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or make any use of the Skies Technologies Inc. Materials except as expressly permitted in this EULA. Skies Technologies reserves all rights not expressly granted in this EULA. You shall not acquire any right, title or interest in or to the Skies Technologies Inc. Materials, whether by implication, estoppel, or otherwise, except for the limited rights set forth in this EULA.
7.2 “Skies Technologies Inc.” and “The Skies” and their respective logos are trade marks or registered trade marks of Skies Technologies Inc. (in the United States and other countries). You may not use or display such trademarks in any manner, except as expressly set out in this EULA. All third party trademarks and service marks that appear in the Game are the property of their respective owners and all rights in them are reserved.
0. Game Rules
8.1 The Game Rules set out how we expect you to behave when playing the Game. Please review the Game Rules carefully before playing the Game. Please note that ‘role-playing’ is not an excuse for contravening the Game Rules.
8.2 If you contravene the Game Rules, then we may, at our sole discretion and without any notice to you, take any or all of the following actions:
(a) suspend or terminate your access to certain Game functionality, including the ‘game chat’ functionality in the Game; or
(b) suspend or terminate your Account as provided in the Terms of Service.
8.3 If you encounter another user who is contravening any of the Game Rules, please report this activity to Skies Technologies Inc. using the firstname.lastname@example.org email
9. Epilepsy Warning
Certain people are susceptible to epileptic seizures or loss of consciousness when exposed to certain flashing lights or light patterns in everyday life. Such people may have a seizure while watching certain monitor images or playing certain video games. This may happen even if the person has no medical history of epilepsy or has never had any epileptic seizures. If you or anyone in your family has ever had symptoms related to epilepsy (seizures or loss of consciousness) when exposed to flashing lights, consult your doctor prior to playing. We advise that parents should monitor the use of video games by their children. If you or your child experience any of the following symptoms: dizziness, blurred vision, eye or muscle twitches, loss of consciousness, disorientation, any involuntary movement or convulsion, while playing a video game, IMMEDIATELY discontinue use of the video game and consult your doctor. Please also note that when using a video game you should take certain standard health and safety precautions, including avoiding playing the game when tired and not had much sleep, taking 10 to 15 minute breaks every hour, sitting at a reasonable distance from the screen, and playing the game in a well-lit environment.
0. Term and Termination
This EULA will remain in effect until terminated. The EULA, and your rights and licenses hereunder, will terminate immediately upon your breach of the EULA, or any termination or suspension of your right to use the Service, as provided in the Terms. Upon any termination of this EULA, you must immediately cease use of the Software. Skies Technologies may terminate this EULA at any time for any reason. Sections 2, 3.2, 4, 7, 8, 10, 11, 12, 13, 14, 15 and 16 shall survive any termination of this EULA.
0. Warranties and Liability regarding the Game
THE SOFTWARE IS PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SKIES TECHNOLOGIES DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, QUALITY, AND NONINFRINGEMENT. SKIES TECHNOLOGIES INC EXPRESSLY DISCLAIMS ANY WARRANTIES OF ANY KIND WITH RESPCT TO THE ACCURACY, VALIDITY, OR COMPLETENESS OF ANY INFORMATION OR FEATURES AVAILABLE THROUGH THE SOFTWARE OR SERVICE, OR THE QUALITY OR CONSISTENCY OF THE SOFTWARE OR SERVICE. UNDER NO CIRCUMSTANCES WILL SKIES TECHNOLOGIES BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES WHATSOEVER ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE OR THE SERVICE, EVEN IF SKIES TECHNOLOGIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN NO EVENT WILL SKIES TECHNOLOGIES INC’S AGGREGATED LIABILITY FOR DAMAGES ARISING OUT OF THIS EULA EXCEED THE GREATER OF (I) THE AMOUNTS YOU HAVE PAID TO SKIES TECHNOLOGIES INC IN THE 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY OR (II) $100. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH AN EVENT THE ABOVE LIMITATIONS WILL BE ENFORCED TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
You agree to indemnify, defend and hold Skies Technologies Inc. and its affiliates, officers, directors, suppliers, and customers harmless from and against any and all liability and costs, including reasonable attorneys’ fees incurred by such parties, in connection with or arising out of your use or misuse of the Service or the Software or the Game, your violation of this EULA, any applicable law or regulation, or the rights of any third parties related to the use of the Service.
0. Force Majeure
Skies Technologies will not be liable for any failure to perform any obligation under this EULA, and we will not be liable for any failure or to make the Game available for download, installation or use, if that failure is caused by the happening of any unforeseen event beyond our control including without limitation: Internet outages, communications outages, hacking, fire, flood, war or act of God.
0. Governing Law and Dispute Resolution
This EULA will be governed by the laws of USA, Delaware, without respect to choice of law provisions. Any claim or dispute arising out of or in connection with this EULA must be resolved in accordance with the Terms, which you agree and understand requires us to resolve most of our disputes by binding arbitration, and that by using the Software or the Service, YOU ARE WAIVING YOUR RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION SUIT AGAINST SKIES TECHNOLOGIES INC.
This EULA and the Terms constitute the entire agreement between you and Skies Technologies, and supersedes any and all prior agreements, negotiations, or other communications between you and Skies Technologies, whether oral or written, with respect to your use of the Software. In the event that any provision of this EULA is held to be invalid or unenforceable, then: (a) such provision shall be deemed reformed to the extent strictly necessary to render such provision valid and enforceable, or if not capable of such reformation shall be deemed severed from this EULA; and (b) the validity and enforceability of all of the other provisions hereof, shall in no way be affected or impaired thereby. You may not assign this EULA without the prior written consent of Skies Technologies Inc., whether expressly, by operation of law, or otherwise, including in connection with a merger or change of control, and any such attempted assignment shall be void and of no effect. Skies Technologies Inc. may assign this EULA without restriction. Subject to the foregoing, this EULA shall be binding on the parties and their respective heirs, successors, and permitted assigns. The failure to exercise, or delay in exercising, a right, power or remedy provided in this EULA or by law shall not constitute a waiver of that right, power or remedy. Skies Technologies Inc.’s waiver of any obligation or breach of this EULA shall not operate as a waiver of any other obligation or subsequent breach of the EULA. The English language version of this EULA shall be the official and controlling version, and any translation provided is solely for convenience.
0. Contact Us
If you have any questions, complaints, or comments regarding this EULA, please contact us at email@example.com
Last updated: August 15th, 2016