End User License Agreement

Last Updated: May 7, 2022

Limited Software Warranty and License Agreement

This End User License Agreement constitutes the Users Agreement and Terms of Service (hereafter the “EULA”) between The 7th Seal (the “Game”), owned and operated by Good Game Technologies, LLC. dba Legacy Gameworks (referred to as “LEGACY” or the “Site”) and any person, customer, or entity (referred as the “User”) utilizing the Software, using any video game, application, software, associated upgrades, patches, and updates (Collectively, the Game, Site, and Software are referred to herein as “Game Services”). This EULA does not create any agency, partnership, or joint venture between LEGACY and User. By using the Software or any associated websites, APIs, or mobile applications, the User acknowledges, agrees, and consents to this EULA. This EULA may be amended and updated at any time at the sole discretion of LEGACY. Revised versions will be considered effective as of the date and time posted on the Site. LEGACY may or may not choose to email the User with a summary of changes at its discretion or update the date near the top of the EULA. The User is expected and encouraged to review the EULA frequently. If the User does not agree to any updated terms included in the EULA, the User may not use the Game.

THE "SOFTWARE" INCLUDES ALL SOFTWARE INCLUDED WITH THIS AGREEMENT (INCLUDING RELATED SERVICES), THE ACCOMPANYING MANUAL(S), PACKAGING, AND OTHER WRITTEN FILES, ELECTRONIC OR ON-LINE MATERIALS OR DOCUMENTATION, AND ANY AND ALL COPIES OF SUCH SOFTWARE AND ITS MATERIALS.

THE SOFTWARE IS LICENSED, NOT SOLD. BY OPENING, DOWNLOADING, INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE, AND ANY OTHER MATERIALS INCLUDED WITH THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT WITH LEGACY AS WELL AS THE PRIVACY POLICY LOCATED HERE AND TERMS OF SERVICE LOCATED HERE. LEGACY RESERVES ALL RIGHTS NOT EXPRESSLY GRANTED TO THE USER.

GRANT OF LIMITED LICENSE

Subject to this Agreement and the LEGACY Terms and Conditions (and compliance with same), LEGACY hereby grants to the User a non-transferable, non-exclusive, limited, revocable right and license (“License”) to install, access and use one copy of the Software solely and exclusively for the User’s personal and non-commercial use for gameplay on a single game access platform (computer, console, mobile device, etc.). This Agreement shall also apply to any patches, updates or upgrades to the Software. The User may not duplicate, copy, reproduce, reverse engineer, or otherwise, the Software, or its underlying materials/code/intellectual property, to any other third party or location or server for the purposes of reproduction or otherwise. The User may not cause or permit the sale or other commercial distribution or commercial exploitation (e.g., by renting, licensing, sublicensing, leasing, disseminating, uploading, downloading, transmitting, whether on a pay-per-play basis or otherwise) of the Software (or any part thereof), without the express prior written consent of LEGACY.

The User understands that it has a license to use the Software, and therefore has no title or ownership in the Software, and in no way may any purchase on the Site or otherwise be construed as the sale of any rights in the Software by Legacy Gameworks. Legacy Gameworks retains all right, title, and interest to the Software, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, audiovisual effects, themes, characters, character names, stories, dialog, settings, artwork, sounds effects, musical works, and moral rights. The Software is protected by U.S. copyright and trademark law and applicable laws and treaties throughout the world. The Software may not be copied, reproduced, altered, modified, or distributed in any manner or medium, in whole or in part, without prior written consent from Legacy Gameworks.

CONDITIONS TO LICENSE

The License is granted subject to the User not doing any of the following at LEGACY’s determination and discretion:

(i) the User’s use of the Game Services poses a security risk to the Game Services or any third-party, could adversely impact LEGACY or any other LEGACY users, or could subject LEGACY, its affiliates, or any third-party to liability, or could be fraudulent; (ii) the User is in breach of the Terms & Conditions or this EULA; (iii) the User has ceased to operate in the ordinary course, made an assignment for the benefit of creditors or similar disposition assets, or become the subject of any bankruptcy, reorganization, liquidation, dissolution or similar proceeding; (iv) the User uses the Game from a country sanctioned by the United States; (v) the User exploits or attempts to exploit the Game Services commercially; (vi) the User sells, rents, leases, licenses, distributes or otherwise transfers the Software; (vii) the User removes, disables or circumvents any security protections, proprietary notices or labels constrained on or within the Software; (viii) the User makes a copy of the Software; (ix) the User reverse engineers, decompiles, disassembles, displays, performs, prepares derivative works based on, or otherwise modifies the Software, in whole or in part, or; (x) for any other reason that LEGACY determines, at LEGACY’s sole discretion.

TERMINATION

LEGACY may suspend or terminate the User’s access and use of Game Services immediately and without notice if for any other reason that LEGACY determines, at LEGACY’s sole discretion, the User is in breach of any of the above conditions to the License.

Effect of Suspension or Termination.

Should LEGACY suspend or terminate the User’s right to access or use of Game Services, at any time and for any reason, neither LEGACY nor the Game shall have any liability or obligation to the User. The User will not be entitled to any refund or other damages.

REPRESENTATIONS AND WARRANTIES

Each party represents and warrants that: (i) it has full power and authority to enter into these EULA; and (ii) it will comply with all laws and regulations applicable to its provision or use of Game Services.

USER OBLIGATIONS

Login Credentials.

The User represents and warrants that the User is responsible for the preservation of confidentiality of the User’s login credentials on the Software and any other login for the Software. Login credentials generated for the User by the Software are for the User’s use only. In addition, the User is strictly prohibited from selling, transferring, or sub-licensing them to any other entity or person. The User is solely responsible for preserving the confidentiality of the User’s Blockchain account, private and public keys, and any other information required to integrate a Blockchain account with Game Services.

Children.

USER AFFIRMS HE/SHE IS OVER THE AGE OF 18, AS THE PLATFORM AND PLATFORM SERVICES ARE NOT INTENDED FOR CHILDREN UNDER THE AGE OF 18.

Responsibility for Conduct.

The User takes responsibility for all activities that occur for its use of the Game Services. The User accepts all risks of any authorized or unauthorized access to the Game Services, to the maximum extent permitted by law. The User represents and warrants that the User is familiar with and accepts the risks associated with digital Apps and private keys, including the risks described herein. The User is solely responsible for its conduct while accessing or using the Game Services and for any consequences thereof. The User agrees to use the Game Services for purposes that are legal, proper, and in accordance with these Terms and any applicable laws or regulations. By way of example, and not as a limitation, the User may not, and may not allow any third-party to: (i) send, upload, distribute or disseminate any unlawful, defamatory, harassing, abusive, fraudulent, obscene, or otherwise objectionable content; (ii) distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature; (iii) impersonate another person (via the use of an email address or otherwise); (iv) upload, post, transmit or otherwise make available through the Game Services any content that infringes the intellectual proprietary rights of any party; (v) use the Game Services to violate the legal rights (such as rights of privacy and publicity) of others; (vi) engage in, promote, or encourage illegal activity (including, without limitation, money laundering); (vii) interfere with other users’ enjoyment of the Game or attempt to defraud other users on the Game; (viii) exploit the Game for any unauthorized commercial purpose (including, but not limited to the sale of fraudulent Game Assets; (ix) modify, adapt, translate, or reverse engineer any portion of the Game Services; (x) remove any copyright, trademark or other proprietary rights notices contained in or on the Game or any part of it; (xi) reformat or frame any portion of the Game; (xii) display any content on the Game that contains any hate-related or violent content or contains any other material, products or services that violate or encourage conduct that would violate any criminal laws, any other applicable laws, or any third-party rights; (xiii) use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Game or the content posted on the Game, or to collect information about its users for any unauthorized purpose; or (xiv) create user accounts by automated means or under false or fraudulent pretenses.

DISCLAIMER

EXCEPT AS EXPRESSLY PROVIDED FOR IN THIS EULA, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LEGACY, ITS AFFILIATES, AND ITS SUPPLIERS DO NOT MAKE ANY OTHER WARRANTY OF ANY KIND, WHETHER EXPRESSED, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE AND NON-INFRINGEMENT. LEGACY, ITS AFFILIATES, AND ITS SUPPLIERS ARE NOT RESPONSIBLE OR LIABLE FOR THE DELETION, FAILURE TO STORE, OR ANY LOSS OF ANY USER DATA, INCLUDING BLOCKCHAIN DATA, NFT, AND DIGITAL REWARDS DERIVED, MAINTAINED, OR TRANSMITTED THROUGH THE USE OF PLATFORM SERVICES. THE USER IS SOLELY RESPONSIBLE FOR SECURING ITS CUSTOMER DATA AND ASSETS. NEITHER LEGACY, ITS AFFILIATES, NOR ITS SUPPLIERS WARRANT THAT THE OPERATION OF PLATFORM SERVICES, LEGACY BLOCKCHAIN, OR ANY OTHER SUPPORTED BLOCKCHAIN WILL BE: (1) ERROR-FREE, (2) UNINTERRUPTED, (3) THAT THE SOFTWARE WILL PROTECT AGAINST OR BE FREE OF ANY AND ALL POSSIBLE THREATS OR MALWARE OR THE LIKE, (4) OR THAT THE APPLICATION OR SERVICES OR CONTENT AVAILABLE THROUGH APPLICATION WILL CONTINUE TO BE AVAILABLE . LEGACY, ITS AFFILIATES, AND ITS SUPPLIERS ARE NOT RESPONSIBLE OR LIABLE FOR ANY LOSSES OR OPPORTUNITY COSTS RESULTING FROM BLOCKCHAIN NETWORK AND PROTOCOL OR THIRD-PARTY SOFTWARE ISSUES, WHICH MAY, IN TURN, RESULT IN THE INABILITY TO PROCESS TRANSACTIONS ON ANY BLOCKCHAIN AT ALL OR WITHOUT INCURRING SUBSTANTIAL FEES.

LIMITATION OF LIABILITY

Limitation of Indirect Liability.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LEGACY SHALL NOT BE LIABLE TO THE USER UNDER THIS EULA FOR LOST REVENUES, OPPORTUNITY COSTS, OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, EVEN IF LEGACY KNEW OR SHOULD HAVE KNOWN THAT SUCH DAMAGES WERE POSSIBLE AND EVEN IF DIRECT DAMAGES DO NOT SATISFY A REMEDY. THIS LIMITATION OF LIABILITY DOES NOT APPLY TO VIOLATIONS OF LEGACY’S INTELLECTUAL PROPERTY RIGHTS, INDEMNIFICATION OBLIGATIONS, OR THE USER’S PAYMENT OBLIGATIONS.

Limitation of Amount of Liability.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER LEGACY NOR ITS AFFILIATES OR SUPPLIERS MAY BE HELD LIABLE UNDER THESE TERMS & CONDITIONS FOR MORE THAN THE AMOUNT PAID BY THE USER TO LEGACY UNDER THESE TERMS & CONDITIONS FOR THE 12 MONTH PERIOD PRECEDING THE DATE THE CLAIM AROSE, MINUS ANY REWARDS GENERATED OR RECEIVED BY THE USER AS A RESULT OF THE USE OF LEGACY SERVICES.

INDEMNIFICATION

Unless prohibited by applicable law, the User will defend and indemnify LEGACY and its Affiliates against any settlement amounts approved by the User and damages and costs finally awarded against the User and its affiliates by a court of competent jurisdiction in any formal legal proceeding filed by an unaffiliated third party before a court or government tribunal (including any appellate proceeding) to the extent arising from the User’s use of the Game Services.

MISCELLANEOUS.

Assignment.

The User will not assign or otherwise transfer the User’s rights and obligations under this EULA without the prior written consent of LEGACY, which may be unreasonably withheld. Any assignment or transfer in violation of this section will be void. At any time and without the need for the User’s consent, LEGACY may assign any obligation, right, and this EULA. Subject to the foregoing, this EULA will be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns. The User may not merge this EULA with any other agreements with which LEGACY may be a party.

Disputes.

Any dispute, controversy, difference, or claim arising out of or relating to this EULA or relating in any way to the User’s use of the site or Game Services, including the existence, validity, interpretation, performance, breach, or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to this EULA the parties may agree to first attempt mediation before a single mediator, administered by the International Centre for Dispute Resolution under its mediation rules, to be held in any location agreed to by the parties, or Michigan in the English language. If the parties do not agree on mediation, the matter shall be referred to and finally resolved by arbitration before a single arbitrator to be held in Michigan, USA, administered by the International Centre for Dispute Resolution in accordance with International Dispute Resolution Rules. The arbitrator’s decision is final and binding on the parties and enforceable in a court of competent jurisdiction. The User shall not be entitled to costs and reasonable attorneys’ fees for the arbitration. Notwithstanding the foregoing, LEGACY and the User agree that LEGACY may bring suit in any court of law to enjoin infringement or other misuses of LEGACY’s intellectual property rights. Any disputes that may arise beyond the scope of the arbitration provision shall be exclusively subject to the State or Federal Courts located in Michigan. The User and LEGACY consent to personal jurisdiction in those courts. CLASS ACTION WAIVER: TO THE EXTENT PERMISSIBLE BY LAW, ALL CLAIMS MUST BE BROUGHT IN A PARTY’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING (COLLECTIVELY “CLASS ACTION WAIVER”). THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS OR ENGAGE IN ANY CLASS ARBITRATION. USER ACKNOWLEDGES THAT, BY AGREEING TO THESE TERMS, EACH PARTY WAIVES THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION.

Entire Agreement.

These EULA sets out all the terms agreed between the parties and supersedes all other agreements relating to its subject matter. In entering into this EULA, neither party has relied on, and neither party will have any right or remedy based on, any statement, representation, or warranty (whether made negligently or innocently), except those expressly set out in this EULA. These terms may be updated on LEGACY sites.

Force Majeure.

LEGACY and its affiliates will not be liable for any failure or delay in performance of an obligation under this EULA where the failures or delay results from any cause beyond reasonable control, including, but not limited to, acts of God, labor disputes, or other industrial disturbances, electrical or power outages, utilities or other telecommunications failures, earthquake, storms or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war. Force Majeure events include, but are not limited to, upgrades to the validation rules of a given blockchain (e.g., a “hard fork” or “soft fork”).

Governing Law.

Any claim or dispute between the User and LEGACY arising out of or relating to the User’s use of Game Services, or this EULA, in whole or in part, shall be governed by the laws of the State of Michigan, USA, without respect to its conflict of laws provisions.

Language.

All communications and notices made or given pursuant to this EULA must be in English. If we provide a translation of the English language version of this EULA, the English version will control any conflict.

Notices to the User and LEGACY.

LEGACY may provide any notice to the User under this EULA by (i) posting a notice on the LEGACY Site (including via changing the date on this page); or (ii) sending a message to the email address associated with the User’s account. Notices provided on the LEGACY Site will be effective upon posting. Notices provided by email will be effective when the email is sent. It is the User’s responsibility to keep the User’s email address current. To give LEGACY notice under this EULA, the User must contact LEGACY at support@legacygameworks.com. LEGACY may update the address for notices by posting on the LEGACY Site.

Severability.

If any portion of this EULA is deemed invalid or unenforceable, the remaining portions will remain in full force and effect.

Acknowledgement.

You hereby acknowledge that you have read and understood this Limited Software Warranty and License Agreement and agree that by clicking “I Accept” on screen, or any other button as part of distribution channel in order in order to download the Application you are acknowledging you agreement to be bound by this License Agreement.