S’more King 0.000961 License Agreement
END USER LICENSE AGREEMENT FOR USE OF SOFTWARE TITLED “S’more King”
Acceptance of the terms and conditions of this End User License Agreement (hereinafter referred to as the “EULA” or “Agreement”) is obligatory for your to use any of The Man In The Back’s software. Please read the terms and conditions of the EULA carefully before installing the software on your device (depending on what is applicable: personal computer, mobile device) (hereinafter referred to as the “Device”). If you disagree with the terms and conditions of this Agreement or you cannot use the software according to the terms and conditions of this Agreement, please abort the software installation and/or immediately delete the software from your Device.
1. General Provisions.
1.1. This EULA is an agreement between You, an individual with full legal capacity who is the end user of The Man In The Back’s software stipulated below (hereinafter “the User”) and The Man In The Back (hereinafter “The Man In The Back”) regarding “S’more King” software (hereinafter “the Software” and/or “the Game”).
1.2. “S’more King” software is the copyright free-to-play massively multiplayer online video game.
1.3. If the User is under 18 years old (or other age of majority according to the laws of the User’s country) or for other reasons the User does not have full legal capacity, the User must obtain the consent of one of the User’s lawful representatives. Any use of the Software shall mean that the User, who does not have full legal capacity, has received such consent at the time of acceptance of this EULA.
1.4. The Man In The Back has all necessary rights to enter into this EULA. The Man In The Back hereby notifies that The Man In The Back uses all libraries contained in the Software under relevant conditions and applicable licenses (if any), access to which may be obtained at the web site of their owners. Any use of the Software shall be subject to the Agreement of The Man In The Back The User may not change or delete copyright notices and/or any trademarks contained in the Software.
1.5. Installation and/or use of the Software are indicative of the User’s full and unconditional consent to the terms and conditions of this EULA which means also User’s consent with any other related documents. The User must read the terms and conditions of this EULA and other related documents and accept them prior to installation of the Software on a Device.
1.6. The Users can find on the official website of the Game the minimum and recommended Device’s system requirements for proper use of the Software. Due to potential programming changes and improvements, the minimum and recommended system Device’s requirements for the Software may change over time, and the Game may become unavailable on some types of Devices.
1.7. If version of the Software is designed for the mobile devices, it means that the Software is designed solely for use on mobile devices. To clarify the possibility of using of the Software on emulators of the mobile devices Users may contact the Unified Contact Center. In any case, if the User uses the Software using third party software to run the Software not on the mobile device, technical support will not be provided to such User.
1.8. The Game may provide the possibility for the Users to obtain bonuses in Game for activation of the pin-codes. The rules of activation of such pin-codes are posted on the Game’s official web-site on the The Man In The Back’s subdomain.
1.9. The Unified Support Center is located at http://TheManInTheBack.com/SmoreKing.
2. Limited License.
2.1. From the moment of acceptance of this EULA the User receives free of charge (unless otherwise specified) non-exclusive license to install the Software (install and record the Software into the memory of a certain kind of Device) and use the Software as intended. The Man In The Back does not provide any rights to the User for Software use, except for the rights expressly stated in this EULA.
2.2. The User is prohibited from:
• distributing, renting, leasing the Software or its copies for payment among any third parties;
• altering, merging, adapting, decompiling, disassembling, modifying, translating into other languages or in any way changing the Software or any of its components;
• creating derivative works based upon the Software;
• using the Software in other ways that are not expressly stipulated in this EULA.
2.3. The User may use the Software during the term of validity of this EULA in the above-mentioned ways anywhere in the world.
2.4. The Software is intended solely for the User’s private non-commercial use.
2.5. All rights not expressly granted in this EULA are reserved.
3. Automatic Update of the Software.
3.1. In order to improve the Software, The Man In The Back reserves the right to introduce automatic updates and modifications into the Software so long as the User’s Device is connected to the Internet, without the User needing to install the said updates and modifications manually. In order to ensure efficiency of the mentioned updates and modifications and to enable the User to continue using the Software, the User hereby expresses consent to the introduction of such updates and modifications.
3.2. This EULA also applies to any automatic updates (additions, modifications) of the Software made by The Man In The Back by means of the Internet global network. All updates constitute an integral part of the Software and the rules of this EULA shall apply to such updates.
4. Users’ Authorization. Use of Data.
4.1. To use the Software the User must be authorized via one of the accounts envisaged in the Software interface unless otherwise provided herein. All actions performed via the User’s account are deemed to be performed by the User. The User is obliged to ensure the security of his/her account and confidentiality of his/her authorization data on a regular basis.
4.2. The User hereby agrees that The Man In The Back may collect, store for an indefinite term and otherwise process anonymous information on the Software using by the User, information on hardware and software installed on the User’s Device, and any other anonymous technical and statistical information, which The Man In The Back needs in order to identify and eliminate problems with operation of the Software, to improve the Software, and for marketing purposes. Thereby, the User hereby agrees that The Man In The Back has the right to upload software program files to User’s Device, that will record CPU, RAM, operating system, video card, sound card, software and application of the other developers, peripherals, geolocation and any other anonymous technical and statistical information from User’s computer.
5.1. The User shall comply with all rules and restrictions set forth in this EULA, Terms of Service and any other related documents as well as with the rules of any accompanying services.
5.2. The Man In The Back reserves the right to form its own final legal conclusion regarding whether or not certain actions or situations are in compliance with certain provisions of this EULA and/or its related documents. The Man In The Back may use its own confidential data to draw mentioned conclusion.
5.3. The Users are prohibited from performing the following actions with their accounts and Game characters:
• giving as a gift;
• spreading information about any intention to perform the above.
5.4. The Users are prohibited from performing or encouraging the following actions with any in-Game object, functionality, valuables or Game currency:
• selling outside of the Game and/or selling for out-of-Game valuables (includes selling for cash or other methods of payments used in the Game);
• buying for out-of-Game valuables (includes buying for cash or other methods of payments used in the Game);
• exchanging for out-of-Game valuables, items, services, or obligations;
• spreading information about any intention to perform the above actions.
5.5. The Users are forbidden to create and use in the Game any bots (game characters that are controlled by the means of a program), other programs or any other technical and/or other methods of emulating the activities of the User in the Game;
5.6. The Users are forbidden to use, to spread information about, to promote the use of, or publicly advertise any errors, whether they are errors in the Game or any errors in the accompanying software. User that has discovered such errors has to stop using them and to report them to The Man In The Back via Unified Support Center within 24 hours following the discovery, providing detailed and truthful circumstances of their discovery and use. If the User has any doubts regarding whether any Game process or object at the moment is functioning as expected or whether its functioning contains anomalies, deviations, or errors, the User has to stop using such process or object and contact the Unified Support Center to obtain clarifications on the matter.
5.7. The Users may use only their own means of payment within the Game (for the avoidance of doubt, credit payment options, without reimbursing/paying back the credit part of the payments in a timely manner, and/or engaging in any other activities designed to hide the fact of the use of such payment methods or to obtain benefits without reimbursing/paying back on time any such payments are forbidden).
5.8. The Users are forbidden to make payments both by the means of payment whose liquidity is temporarily restricted, and by any methods that do not allow verification of the legality of the accomplished transaction. On The Man In The Back’s demand the User must prove the legality of owning certain means of payment.
5.9. The Users are forbidden to spread slander or denigrating information about The Man In The Back, other Users and the Game and its services in general.
5.10. The Users are forbidden to engage in spamming (information mailings or advertisements unrelated to the gaming process) or flooding (repeating, reproducing, copying, etc. some information many times over) in any types of the Game’s information services (chats, private messages, in-game letters, bulletin boards, etc.), and to use the Game and/or game services to organize some activity that is illegal or unrelated to the Game.
5.11. The Users are forbidden to use any information services of the Game for the purpose of disseminating information about political parties, systems, public or religious organizations and movements, and about their events, activities, marches, etc., to invite people to participate in the above or transfer any such activities into the game in any form since they are certain to provoke strife and conflicts among other Users.
5.12. The Users are forbidden to make any advertisement in any form without a prior permission of The Man In The Back (that includes reproducing any links to web pages in the Game).
5.13. The following is forbidden to be used by the Users (in any form) within the Game or within its services: (without limitation) any words or symbols that are obscene, insulting, provocative, promotional, or not meant to be used in the Game. The Man In The Back reserves the right to form its own final opinion regarding whether or not any expressions or words are in compliance with this clause. If multiple interpretations of words and expressions are possible, then, in order to avoid any controversies, the User should first contact the Unified Support Center to obtain an official response regarding whether or not their use is permissible.
5.14. The Users are forbidden to use obscene language and insults and in all, without exception, channels or message types, they are forbidden to use the following: (without limitation) threats of violence or bodily harm, advertisement of drugs, pornographic materials or advertisement of any third-party resources that allow open access to such materials, promotion of intolerance on a racial, national, ethnic, religious, cultural, ideological, sexual, language-related, or political basis, as well as the encouragement of such actions or statements with regard to other Users. The Man In The Back reserves the right to form its own final opinion regarding whether or not any expressions or words are in compliance with this clause. If multiple interpretations of words and expressions are possible, then, in order to avoid any controversies, the User should first contact the Unified Support Center to obtain an official response regarding whether or not their use is permissible.
5.15. The Users are forbidden to intentionally engage in any actions that make it more difficult or impossible for other Users to access the Game or for The Man In The Back to perform its obligations. It is forbidden to create in the Game intentional obstructions (not intended to occur in the usual existing game process) for other Users.
5.16. The Users are forbidden to publish any information (links, microblog tags, method descriptions, etc.) or to upload any files that contain malware (viruses, Trojans, etc.), damaged or modified files, and other similar software that may harm the Software or interfere with the operation of other User’s accounts or communication devices or with the integrity of Users’ game accounts.
5.17. The Users are forbidden to act in a manner that creates an impression of User’s connection with The Man In The Back and/or its partners or impression that User acts on behalf The Man In The Back and/or its partners.
5.18. The Users are forbidden to decompile, decode, and reverse engineer data, to bypass data security systems, to crack or attempt to crack the software components of the Game or its services, and/or to intercept the data going to or from the server. The following is forbidden: (inter alia) any modification, change, decompilation, decoding, sale, or distribution of modified materials of the Software as a whole or in parts (or the means and materials required for performing such actions), using programming errors, making changes in the program code, and obtaining unauthorized access to the server and database of the Software. In certain specific cases, The Man In The Back has the right to immediately suspend the User’s access to the Game subject to the provisions herein and to request appropriate authorities to prevent any breach of EULA and/or applicable law provisions.
5.19. The Users are forbidden to falsify, remove or disconnect any copyright information; specifically, references to the author, legal confirmations of the copyright or any other messages or instructions, as well as any notes on the origin or source of the software or other content.
5.20. The Users are forbidden to “act as a character” or cite “role-playing” in justification of illegal actions of any type.
5.21. Should the provisions of this EULA or any related documents be violated by the User, The Man In The Back may apply the following sanctions subject to the provisions herein:
• restrict the use of in-Game communication services;
• partially restrict the Game functionality of an account and/or that of a character;
• restrict the access to any components of in-Game content;
• perform a forced renaming of: a character, user communities or organizations, or in-Game objects;
• remove items, in-Game currency, or other in-Game valuables;
• restrict, suspend, or completely terminate the access to one or more characters of a Game account;
• change the values of achievements and the parameters of the development of characters;
• remove characters or accounts.
Depending on the violation and its consequences for the Game as a whole, the type and/or extent of a sanction may be changed at The Man In The Back discretion.
6. WARRANTY DISCLAIMER.
TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW THE MAN IN THE BACK EXPRESSLY WAIVES ANY WARRANTIES, DIRECT OR INDIRECT, TOWARDS THE USER REGARDING THE SOFTWARE, INCLUDING BUT NOT LIMITED TO ANY INDIRECT WARRANTIES TOWARDS QUALITY, SUITABILITY FOR SPECIFIC PURPOSES AND OBSERVATION OF RIGHTS. THE SOFTWARE SHALL BE PROVIDED “AS IS” WITHOUT FURTHER WARRANTIES OF ANY NATURE. THE USER SHALL ASSUME ALL RISKS RELATED TO ANY DAMAGE AND LOSSES ARISING FROM USE OR IMPOSSIBILITY OF USING THE SOFTWARE. THE MAN IN THE BACK DOES NOT GUARANTEE THAT THE SOFTWARE MEETS THE USER’S REQUIREMENTS AND THAT SOFTWARE OPERATION WILL BE UNFAILING AND ERROR-FREE.
7. LIMITATION OF LIABILITY.
TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW NEITHER THE THE MAN IN THE BACK NOR ITS LICENSORS AND/OR PARTNERS SHALL BEAR ANY LIABILITY TO THE USER FOR ANY DAMAGE (INCLUDING BUT NOT LIMITED TO IT, ACTUAL LOSSES, INCIDENTAL LOSSES, INDIRECT LOSSES, LOST PROFIT OR LOST DATA, REGARDLESS OF WHETHER SUCH DAMAGE WAS PREDICTABLE OR NOT) ARISING IN CONNECTION WITH THIS EULA AND WITH THE USER’S OPERATION OF THE SOFTWARE AND OF OTHER MATERIALS PROVIDED TO THE USER BY THE THE MAN IN THE BACK.
THE MAN IN THE BACK SHALL NOT BEAR LIABILITY FOR INABILITY TO INSTALL OR LAUNCH THE SOFTWARE ON THE USER’S PERSONAL COMPUTER AND ALSO FOR POSSIBLE ERRORS AND FAILURES IN THE SOFTWARE OPERATION. THE USER MUST CONNECT TO THE INTERNET IN ORDER TO USE THE SOFTWARE. ALL COSTS OF THE INTERNET CONNECTION SHALL BE INCURRED BY THE USER. THE MAN IN THE BACK SHALL NOT BE LIABLE FOR ANY DAMAGE CAUSED TO THE USER AS A RESULT OF CONNECTION TO THE INTERNET OR INSTALLATION OF MALICIOUS SOFTWARE ON THE USER’S COMPUTER.
8. Applicable Law. Jurisdiction.
This EULA shall be governed by the laws of the England and Wales. All disputes arising in connection with this EULA should be resolved by the parties without recourse to a court and, in case the parties fail to come to agreement without recourse to a court, disputes shall be resolved by a court of relevant jurisdiction in the The Man In The Back’s location.
Each User must observe the law of the England and Wales and the law of his/ her country of residence. Every User is solely responsible and liable for his/ her violation of such regulations.
9.1. This EULA remains valid until one of the Parties unilaterally repudiates fulfillment of the terms and conditions hereof. The User may terminate this EULA at any time by deleting the Software from his/her Device. The Man In The Back may terminate the EULA by notifying the User of termination via any means available to The Man In The Back; in this case the User is obliged to immediately delete the Software from his/her Device.
9.2. The Man In The Back may modify functions and informational contents of the Software at any time at its own discretion without additional notice to the User.
9.3. The Man In The Back instructions due to Game process or any similar User’s activities are obligatory for the User.
9.4. The Man In The Back may at its own discretion at any time assign and/or delegate its rights and obligations under this EULA or any part of them to any third party without notice to the User. The rights of each User are personal and are not subject to assignment.
9.5. In case of termination of this EULA, Sections 6, 7, 8 and clauses 5.16 and 9.4. shall remain in force.
9.6. This EULA and related documents, unless otherwise stipulated within EULA, constitute full agreement of the Parties regarding use of the Software by the User and substitute any previous oral and written agreements or oral and written agreements that are simultaneous with the making of this EULA regarding the subject hereof that are united in this EULA.
9.7. If any provision of this EULA shall be held by a court of competent jurisdiction to be contrary to law, or is inapplicable to the particular type of the Device, that provision will be enforced to the maximum extent permissible, and the remaining provisions of this EULA will remain in full force and effect.
9.8. The Man In The Back reserves the right to revise the terms of the License by updating the EULA on the website located at www.TheManInTheBack.com or by notifying the Users by email. The revised EULA comes into force on the date on which it is published. Users are advised to check the website periodically for notices concerning such revisions. Your continued use of the Software shall be deemed to constitute acceptance of any revised terms.
On all issues related to this EULA, please use the e-mail address [email protected]
Version 1.0 as of December 14, 2021.
Only the English version of this document has legal effect. Any translations of this document to other languages are provided for your convenience only.
©The Man In The Back, Moshe Dayan, Ramat gan, Israel