GOALS End User License Agreement

BACKGROUND

We are GOALS, a Stockholm-based games developer on a mission to blur the line between playing and creating. This end user license agreement (the "Agreement") forms a contract between You and Us, so please read it carefully as it sets out what You can and cannot do and the terms and conditions You need to follow when downloading, installing, and playing GOALS.

By opening, downloading, installing, copying, or otherwise using the software, games, games services, and digital content, as well as all GOALS" related websites, forums, chat rooms, accounts, apps, and any other services GOALS provide and any other materials included with the software (the "Product"), you agree to be bound by the terms of this Agreement with Goals AB, reg. no. 559313-9750, with its main offices at Nybrogatan 55, 114 40 Stockholm, Sweden ("GOALS", "GOALS", "We", "Us", or "Our"), as well as confirm that You have read and understood GOALS" privacy policy (the "Privacy Policy") located at: https://playgoals.com/privacy-policy

This Agreement sets out the basis on which GOALS make the Product available to You (the "User" or "You") and on which You may use the Product.

1. GRANT OF LICENSE

1.1 GOALS (or its licensors) grants You a non-exclusive, non-transferable, non-sublicensed, non-commercial and personal license to install and/or use the Product (in whole or in part) and any Product, for such time until either You or GOALS terminates this Agreement (the “License”). You must in no event use, nor allow others to use, the Product or this License for commercial purposes without obtaining a licence to do so from GOALS. Updates, upgrades, patches, and modifications may be necessary in order to be able to continue to use the Product on certain hardware. For the avoidance of doubt, note that this Product is licensed to You, not sold.

1.2 As applicable, certain parts of the Product may be using third-party features, some of which are managed by third-party providers for which additional terms and/or costs may apply. You must comply with such additional terms.

1.3 You shall not, directly or indirectly (i) sell, rent out, lease, license, distribute, market, exploit the Product or any of its parts commercially, (ii) reverse engineer, decompile, disassemble, adapt, reproduce, or create derivate works of this Product (except if the Product enable You through a specific feature to create, generate, or submit user generated content and for which You will need to create an account and comply with thereto related terms), in whole or in part; (iii) create, use and/or distribute “auto”, “trainer”, “script” or “macro” computer programs or other “cheat” or “hack” programs or software applications for this Product (whether in an online multiplayer game or in a single player game over the internet or in local area network); (iv) remove, alter, disable, or circumvent any copyright and trademark indications or other authorship and origin information, notices or labels contained on or within this Product and (v) export or re-export any copy of adaptation of the Product in violation of any applicable laws or regulations.

1.4 While using the Product, You agree to comply will all applicable laws, rules and regulations. In all cases, You may only use the Product according to anticipated use of the Product. For example purposes, and without limiting GOALS’ rights to take action against You, You may not:

1. a) create, use, share and/or publish by any means in relation to the Product any material (text, words, images, sounds, videos, etc.) which would breach a duty of confidentiality, infringe any intellectual property right or an individual’s right to privacy, or which would incite the committing of an unlawful act (in particular, piracy, cracking or circulation of counterfeit software);
2. b) modify, distort, block, abnormally burden, disrupt, slow down, and/or hinder the normal functioning of all or part of the Product, their accessibility to other Users, the functioning of the partner networks of the Product, or attempt to do any of the above;
3. c) transmit or propagate any virus, trojan horse, worm, bomb, corrupted file and/or similar destructive device or corrupted data in relation to the Product, and/or organise, participate in, or be involved in any way in an attack on GOALS’ servers and/or the Product and/or those of its service providers and partners;
4. d) create, supply or use alternative methods of using the Product, for example server emulators;
5. e) spamming chat, whether for personal or commercial purposes, by disrupting the flow of conversation with repeated postings of a similar nature;
6. f) transmitting or communicating any material or content which, in the sole and exclusive discretion of GOALS, is believed or deemed offensive, including, but not limited to, language that is harmful, threatening, unlawful, abusive, harassing, defamatory, disparaging, obscene, sexually explicit, or racially, ethnically, or otherwise objectionable;
7. g) harassing or threatening any other Users in the Product;
8. h) make inappropriate use of the help service or the claim buttons or send untruthful reports to members of GOALS’ personnel;
9. i) falsely claim to be an employee or representative of GOALS or its partners and/or agents; and
10. j) falsely claim an endorsement in connection with the Product or with GOALS.

2. OWNERSHIP

2.1 All title, ownership rights and intellectual property rights in and to the Product (including, without limitation, all text, graphics, music or sounds, all messages or items of information, fictional characters, names, themes, objects, scenery, costumes, effects, dialogues, slogans, places, characters, diagrams, concepts, choreographies, videos, audio-visual effects, domain names and any other elements which are part of the Product, individually or in combination (the "Assets")), any User-led in-game modification of the Assets, and any and all copies thereof are owned by GOALS or its licensors. The Product is protected by national and international laws, copyright treaties, conventions, and other applicable laws. This Product may contain certain licensed materials, in which case GOALS’ licensors may protect their rights in the event of any violation of this Agreement or any third-party terms and conditions.

2.2 Any reproduction or representation of these licensed materials in any way and for any reason is prohibited without GOALS’ prior permission and, if applicable, the permission of GOALS’ licensors and representatives. Except as expressly set forth in this Agreement, all rights not granted hereunder to You are expressly reserved by GOALS. This License confers no title or ownership in the Product and should not be construed as a sale of any rights in the Product. The License is granted for the period of time You are part of this Agreement. If this Agreement is terminated for any reason, You must immediately stop using the Product and uninstall the Product and any thereto related software from all computers and/or devices on which You have downloaded the Product.

3. ACCESS TO THE PRODUCT

3.1 The Product may be protected by digital rights management software (“DRM Software”). In such case, You hereby agree, acknowledge and consent to the following regarding the DRM software: (i) the installation of the Product will cause the DRM Software to be installed on Your computer; (ii) the DRM Software may limit the number of installations of the Product; (iii) the DRM Software may install on Your computer additional components required for copy protection; and (iv) during the installation and/or the first launch of the Product, an online connection may be required to unlock the Product through the DRM Software. In no event shall GOALS be liable in connection with the components that may be installed on Your computer by any DRM Software. For further information, please visit the website of the DRM Software appearing during the installation of the Product. An internet connection, a GOALS account and installation of the GOALS software may be required to play and access online services and features of this Product. Restrictions of age may be imposed to access online services and features in compliance with local laws.

3.2 You need internet access to access and use the Product. Your computer/device and internet access will need to meet the minimum specifications for the Product. GOALS develop and improve the Product over time, so such minimum specifications may change. Please note, for the avoidance of doubt, that You may need to upgrade Your computer, device and/or internet access in order to continue to access and use the Product.

3.3 Accessibility

In order to enter into this Agreement and access and use the Product You must be of the legal age of majority in your country of residence. By entering into this Agreement, You affirm that You have reached such legal age of majority and understand and accept the contents of this Agreement. If You are over 13 years of age but under 18 years of age, You can only access the Product if You have the consent of Your parent, legal guardian, or whoever has parental responsibility for You, and that person consent to this Agreement.

3.4 Collection of personal data

In order to provide You with a better game experience, adapted services and Product support, GOALS may process personal data concerning You in relation to Your use of the Product and Your connection information. Certain data is recorded, archived, analysed and used to create User statistics. Your privacy is very important to GOALS and GOALS will not reveal Your personal data to third parties except when expressly authorised by You to do so or in limited and special circumstances (such as for certain marketing purposes). GOALS may be under a duty to disclose or share Your personal data in order to comply with a legal obligation, or in order to protect GOALS’ rights and those of other Users and third parties. For further information concerning GOALS’ use of Your personal data, please see GOALS’ Privacy Policy: https://playgoals.com/privacy-policy

3.5 Analytics Tools

GOALS uses third-party analytics tools to collect information concerning Your and other Users’ gaming habits and use of the Product. The information collected may contain the following, without limitation: device identifiers and settings, carrier, operating system, localization information, date and time spent on the Product, game scores, game metrics and statistics, feature usage, advertising conversion rates, monetization rate, purchase history and other similar information. The analytics tools and ad serving technologies may use server log files, web beacons, cookies, tracking pixels and other technologies to collect said information and may combine the information collected on other GOALS Product and services with information collected from other third-party websites and mobile products and services and with demographic, advertisement, market and other analytics surveys. Standing alone, this information is not personal data; however, if GOALS combines any of this information with personal data, GOALS will treat this information as personal data pursuant to GOALS’ Privacy Policy. You will find a non-exhaustive list of GOALS’ partners whose analytic tools and ad serving technologies are used in the Product can be found in GOALS’ Privacy Policy (https://playgoals.com/privacy-policy) and GOALS’ Cookie Policy (https://playgoals.com/cookies). GOALS makes its best efforts to provide You with the links to GOALS’ partners’ own privacy policies according to which their tools and technologies are used and when available the link to allow You to opt-out from their services.

4. LIMITATION OF LIABILITY

4.1 You expressly acknowledge that use of the Product is at Your own risk. To the fullest extent permissible under applicable law, the Product is supplied on an "as is" and "as available" basis. GOALS’ licensors, channel partners and associated service providers do not make and hereby disclaim any guarantees, conditions, warranties of any kind, express, implied or statutory or other terms including as to (i) its conformity, accuracy, currentness, completeness, reliability, or security, (ii) its suitability for a particular use, (iii) implied warranties of title, non-infringement, (iv) its market value, or (v) Your satisfaction. GOALS does not warrant that the Product will be uninterrupted or error-free, that defects will be corrected, or that the Product is free of viruses or other harmful components. You assume all responsibility for selecting the Product to achieve Your intended results, and for the installation of, use of, and results obtained from the Product.

4.2 To the fullest extent permissible under applicable law, in no event will GOALS, GOALS’ licensors, channel partners and associated service providers be liable for loss or damages suffered in connection with the use of the Product or any related third-party service.

4.3 Notwithstanding the aforementioned limitations of liability, Your sole remedy in the event of a dispute with GOALS or its licensors, channel partners and associated service providers is to cease to use the Product and, if applicable, seek damages for Your losses. In no event shall GOALS, its affiliates, licensors, channel partners and associated service providers be liable for damages.

4.4 If defective digital content which GOALS have supplied damages a device or digital content belonging to You and this is caused by GOALS’ failure to use reasonable care and skill, GOALS will either repair the damage or pay You compensation. GOALS will not, however, be liable for damage which You could have avoided by following GOALS’ advice to apply an update offered to You free of charge or for damage which was caused by You failing to correctly follow installation instructions or to have in place the minimum system requirements advised by Us. The Product is for personal and private use only and GOALS are not liable for business losses. GOALS are also not responsible for any loss of profit, loss of business, business interruption, or loss of business opportunity.

4.5 Nothing in this Section 4 shall exclude or limit in any way GOALS’ liability to You where it would be unlawful to do so. This includes liability for death or personal injury caused by GOALS’ negligence or the negligence of GOALS’ employees, agents, or subcontractors for (i) fraud or fraudulent misrepresentation or (ii) breach of Your legal rights for non-conform content or services.

4.6 GOALS rely on certain information You provide to GOALS being accurate, such as Your address and contact details. GOALS will not be responsible for any losses You suffer because You have provide GOALS with inaccurate information.

4.7 For purposes of this Section 4, GOALS’ licensors, channel partners and associated service providers are third-party beneficiaries to the limitations of liability specified herein and they may enforce this Agreement against You.

5. INDEMNITY

5.1 You are solely responsible for any damage caused to GOALS, its licensors, channel partners and associated service providers and subcontractors, other Users of the Product or any other individual or legal entity as a result of Your violation of this Agreement.

5.2 You hereby agree to defend, indemnify and keep indemnified GOALS and its affiliates, their licensors, channel partners and associated service providers and their subcontractors against any claim or alleged claims, liabilities, losses damages and all costs (including lawyers’ fees), directly or indirectly attributable to Your fault and/or resulting from (i) a violation of any provision of this Agreement or (ii) Your use or misuse of the Product. GOALS reserves the right to take sole responsibility, at its own expense, for conducting the defense of any claim for which You agreed to indemnify GOALS. The provisions of this Section 5 shall remain in force following termination of this Agreement.

6. TERM AND TERMINATION

6.1 The Agreement is effective from the earlier of the date You purchase, download, or use the Product and remains in force until terminated. You and GOALS (or its licensors) may terminate this Agreement at any time and for any reason. Termination by GOALS will be effective upon (i) notice to You, (ii) termination of Your account (if any), or (iii) at the time of GOALS’ decision to discontinue offering and/or supporting the Product.

6.2 This Agreement will terminate automatically if You fail to comply with any of the terms and conditions herein. Upon termination, for any reason, You must immediately uninstall the Product and destroy all copies of the Product in Your possession, digital, physical, or otherwise.

7. CHANGES TO THIS AGREEMENT OR TO THE PRODUCT

7.1 GOALS reserves the right, in its sole and absolute discretion, to revise, update, change, modify, add to, supplement, or delete certain terms of this Agreement for security, legal, best practice or regulatory reasons. If GOALS do, You will have the opportunity to review the new terms before agreeing to them, unless the change is either only a technical one, or a legally required one. Such changes will not have a negative effect on the quality of the Product or Your rights. GOALS will notify You of any such changes in advance.

7.2 You can review the most current version of this Agreement by clicking on the link located on the Product or on https://playgoals.com/eula. Make sure to check this resource periodically for changes. If any future changes to this Agreement are unacceptable to You or cause You to no longer be in agreement or compliance with this Agreement, You may terminate this Agreement in accordance with the above Section 6. Your continued use of the Product following any revision to this Agreement constitutes Your complete and irrevocable acceptance of any and all such changes.

7.3 GOALS may modify the Product from time to time and at its sole discretion when such modification is necessary in order to preserve the functionality of the Product, in particular for technical reasons such as updates, maintenance operations, and/or resets to improve and/or optimize the Product, in order to improve the user experience. You agree that the Product may install or download the modifications automatically. You also agree that GOALS may stop to support previous versions of the Product upon availability of an updated version.

8. MISCELLANEOUS

8.1 Severance

If any court of competent jurisdiction or competent authority finds that any provision of this Agreement is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be severed from the rest of this Agreement, and the validity and enforceability of the other provisions of this Agreement shall not be affected and remain in full force. If any invalid, unenforceable or illegal provision of this Agreement would be valid, enforceable and legal if some part of it was deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable to reflect GOALS’ original intention(s).

8.2 No Waiver

No failure or delay by GOALS (or its licensors) to exercise any right or remedy provided under this Agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy. Waiver of a right or remedy may be considered to have taken place only after signing of a written statement to this effect by GOALS or by the User.

8.3 Governing Law and Disputes

This Agreement and any disputes or claims arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with the laws of Sweden.

You irrevocably agree that the courts of Sweden have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the Agreement or its subject matter or formation (including non-contractual disputes or claims).

8.4 For any questions concerning this Agreement, You may contact GOALS at the following address: policy@playgoals.com