END USER LICENSE AGREEMENT

Last updated: 24.05.2024

PLEASE READ THIS AGREEMENT CAREFULLY. YOU MUST ACCEPT THIS END USER LICENSE AGREEMENT AND BE AWARE OF THE TERMS OF OUR PRIVACY POLICY.

This End User License Agreement (the “Agreement”) is a legally binding contract between you and XTEN Limited (acting under publishing brand “Strikerz Inc.”) having its registered office at Office 701 Archiepiskopou Makariou III 169 CEDAR OASIS TOWER 3027 Limassol Cyprus (the “Publisher” “we” or “us”) regarding your access to and use of the Publisher’s free-to-play football simulation/management video game “UFL” (the “Game”) including any related content services and Modifications (as defined in Section 3.1) thereto and if purchased or otherwise earned according to this Agreement any Additional Content (as defined in Section 2 below) (collectively the “Services”).

If you are a resident of Australia European Economic Area South Korea United Kingdom or United States of America some specific provisions might apply to you see Section 16 for details.

IMPORTANT NOTICE FOR USERS FROM THE UNITED STATES OF AMERICA. THIS AGREEMENT CONTAINS A BINDING INDIVIDUAL ARBITRATION AND CLASS-ACTION WAIVER PROVISIONS SEE SECTION 16.5. FOR DETAILS.

To enter into this Agreement you must be a person of full legal capacity over 18 years of age (or the age of majority in your country of residence whichever is older). If you are under 18 years of age (or the age of majority in your country of residence) you must seek your parent or legal guardian to read and accept this Agreement before any use of the Services.

If you permit your minor child or legal ward to use the Services you agree to this Agreement on behalf of them and yourself and remain responsible for their actions including all purchases made by them. The Publisher recommends that parents and guardians familiarize themselves with parental controls on the devices used by their child.

BY DOWNLOADING ACCESSING OR USING ANY PART OF THE SERVICES CLICKING ON THE “ACCEPT” OR SIMILAR BUTTON OR OTHERWISE ACCEPTING THIS AGREEMENT YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE DO NOT DOWNLOAD ACCESS OR USE OUR GAME OR ANY OTHER PART OF THE SERVICES.

1. LICENSE

1.1. Upon your acceptance of this Agreement we grant you and you accept a personal non-exclusive non-transferable non-sublicensable revocable non-perpetual limited right and license to use the Services on compatible devices you own or control for your personal non-commercial and entertainment purposes (the “License”). Except as expressly set in this Agreement we do not grant any express or implied rights to you. The rights that we grant you under the License are subject to the terms of this Agreement and expressly conditioned upon your compliance with this Agreement.

1.2. You agree that you are solely responsible for the installation or deployment of any part of the Services or any part thereof and that we assume no responsibility to set up personalize control synchronize or provide you with any sort of instructions on installation or deployment or otherwise integrate the Services or any part thereof. We shall not be held liable and there will not be a lack of conformity due to shortcomings in the integration or deployment carried out by you or on your behalf.

2. IN-GAME CURRENCY ITEMS & PREMIUM UPGRADES

2.1. As part of the Services the Publisher may offer you the ability to acquire limited licenses (as set in Section 2.3. below) to certain additional digital content or digital services to be used within the Services. In particular when using the Services you may earn or purchase (as applicable) in-game virtual currency (the “In-Game Currency”) in-game virtual items (collectively the “In-Game Items”) or premium upgrades that provide additional digital content or digital services and intended to enhance your user experience (collectively the “Premium Upgrades”).

2.2. You agree that it is in our (and external platforms’) sole and absolute discretion to determine the In-Game Currency In-Game Items or Premium Upgrades (collectively the “Additional Content”) purchasing price offers or sales.

2.3. You acknowledge and agree that you do not own the Additional Content and that you only acquire a personal non-perpetual non-exclusive non-transferable non-sublicensable revocable limited right and license to use such Additional Content for your personal non-commercial and entertainment purposes as part of the Services. The license to use the Additional Content will terminate upon termination of this Agreement.

2.4. Additional Content cannot be used outside of the Services. It has no real value and cannot be exchanged redistributed traded consumed or redeemed for non-game (“real”) currency products goods services or property in any form neither by us nor by third parties except as expressly permitted in the Services. You further agree and acknowledge that In-Game Currency may only be used as part of the Services to acquire the In-Game Items or Premium Upgrades. In-Game Currency is depleted as it is consumed (used) and can be earned or purchased (as applicable) again.

2.5. Without prejudice to other terms of this Agreement we retain the right to inter alia delete withhold alter remove change amend replace re-price modify delist cancel or impose certain thresholds on the amount of the Additional Content that may be earned purchased redeemed held stored consumed or used in whole or in part at our sole and exclusive discretion with or without further notice to you. Neither the Publisher nor any other person or entity shall bear liability of any kind whatsoever based upon the above.

2.6. All online purchases and respective payment transactions are processed by external platforms associated with your device (and their respective payment service providers). By making online purchases you agree to comply with all terms and conditions set by those external platforms (and their respective payment service providers). The Publisher disclaims any liability of any nature for such external platforms’ actions. For platform specific terms please also see Section 15.

2.7. You agree that we will start the performance of the purchasing contract for the Additional Content (or for any other digital content or digital service we offer to purchase) immediately after acceptance of your request. Our duty to deliver is considered duly performed after the digital content (or any means suitable for accessing or downloading the digital content) is made available or accessible or the digital service is made accessible to you.

2.8. You agree that in case the Additional Content have not been delivered to you immediately after you request we shall be entitled to a cure period of 3 business days to deliver. We assume no liability based on the above except for the cases where the Service or the Additional Content have not been delivered after the cure period has expired or otherwise required by applicable law.

2.9. All purchases are final and non-refundable unless otherwise provided in this Agreement or as expressly provided by external platforms’ terms and conditions or as required by applicable law.

3. MODIFICATION OF THE SERVICES

3.1. From time to time the Publisher may introduce updates upgrades patches fixes changes or otherwise modify the Services (the “Modifications”) to maintain the Services in conformity or for other reasons like fixing software bugs or enhancing the functionality of the Services or introducing new digital content or digital services or other seasonal content at our sole discretion. However we do not assume any responsibility to provide ongoing support or maintenance to the Services.

3.2. You agree that the Modifications may be beyond what is necessary to maintain the Services in conformity. We may further introduce Modifications with respect to the Services’ gameplay mechanics balance settings genre features additional content graphics or any other portion thereof alone or combined.

3.3. As a general rule you will be required to install the Modifications to continue to use the Services. Some Modifications may be provided automatically when you sign in to the Services. You consent to the Publisher providing you with these automatic Modifications.

3.4. You agree that we may limit functionality or availability of the Services change any parameters in and to the Services including but not limited to the value and usage of any digital content or digital services or the amount of fee to purchase any digital content or digital service or any other parameters. Unless otherwise required by law we assume no liability whatsoever for any Modifications in or to the Services.

3.5. You agree that the Services or any portion thereof may be provided to you not in the most recent version available due to various reasons e.g. when we need additional time to carry out necessary quality assurance or bring the most recent version of the Services or any portion thereof to conformity or in accordance to the requirements imposed by law or any platform.

3.6. Unless otherwise provided by law you acknowledge and agree that in case you fail to install any Modifications provided by us or on our behalf the Services or any part thereof may not be in conformity and we assume no liability resulting from that.

4. OWNERSHIP & THIRD-PARTY LICENSES

4.1. The Services and all intellectual property rights title and interest therein are owned by the Publisher or its licensors. All rights granted to you under this Agreement are licensed only and not sold. The License does not grant you any title or ownership in any portion of the Services and should not be construed as a sale or transfer of any intellectual property or other rights to the Services.

4.2. The Services include certain components provided by the Publisher’s licensors. The list of credits and notices for third-party components may be found in the Game interface.

4.3. “UFL” “Strikerz Inc.” “STRZ” “FAIR TO PLAY” and “UFL FAIR TO PLAY” and their respective logos are trademarks or registered trademarks of the Publisher. You may not use or display such trademarks in any manner except as expressly set out in this Agreement.

4.4. All third-party trademarks service marks and copyright that appear in the Services are the property of their respective owners and all rights in them are reserved.

4.5. The Publisher respects the intellectual property rights of others. If you have reason to believe that your rights have been infringed by the Services kindly reach out to us via uflsupport@strikerz.inc.

5. RULES OF CONDUCT

5.1. When using the Services you shall comply with the terms of this Agreement and any applicable laws and regulations in the jurisdiction in which you reside.

5.2. You agree that the following comprises inappropriate and unacceptable behavior and that you will not will not attempt to or allow or cause or encourage anybody else to do directly or indirectly any of the following when using the Services:

5.2.1. Behaving offensively harassing or threatening other users of the Services.

5.2.2. Transmitting communicating or posting any content including User Generated Content (as defined in Section 6.1) which is illegal unlawful harmful hateful offensive abusive forbidden defamatory vulgar obscene pornographic harassing lewd threatening fraudulent or that you do not have permission to transmit communicate or post.

5.2.3. Using language that is unlawful harmful threatening abusive harassing defamatory vulgar obscene sexually explicit or racially ethically or otherwise objectionable.

5.2.4. Transmitting communicating or posting any language or content using a misspelling or an alternative spelling to circumvent the content or language restrictions set out above.

5.2.5. Transmitting communicating posting or using cheats bots mods (or any other computer program intended for performance of forbidden actions or getting additional advantages) as well as any other computer program or technical means that interfere with normal Services functioning or is aimed at getting additional advantages which are not authorized by us and not provided for by the rules logics or technical capabilities of the Services.

5.2.6. Excessively using or otherwise abusing our support service including but not limited to excessively submitting false or deemed to be false untrue or groundless reports or harassing threatening spamming trolling or otherwise flaming our support team.

5.2.7. Using the Services for any purpose other than your personal non-commercial and entertainment use or in any manner not explicitly authorized under this Agreement.

5.2.8. Selling renting leasing or otherwise exploiting the Services in a way not expressly allowed by us in writing.

5.2.9. Circumventing removing disabling altering deleting interfering or otherwise modifying any notices in the Services including trademark copyright attribution or other proprietary notices.

5.2.10. Circumventing removing disabling altering deleting interfering or otherwise modifying any security measures or security technology within or of the Services.

5.2.11. Promoting or causing gambling speculation lewdness or violence acts in the Services.

5.2.12. Promoting or causing any acts of infringing upon the rights of other persons (including publicity image or privacy rights) or violating the laws or regulations of the jurisdiction where you reside.

5.2.13. Griefing and otherwise disrupting the normal gameplay of the Services e.g. by passive play early exit from the match interrupting the gameplay.

5.2.14. Copy reproduce sell distribute publicly perform or display make available to the public publish lease rent loan grant a security interest in transmit transfer or otherwise make unauthorized use of the Services in whole or in part.

5.2.15. Reverse engineer derive source code from decompile or disassemble any part of the Services or any software included as part of the Services unless allowed under the applicable laws.

5.2.16. Modify alter or create derivative works from or based on the Services.

5.3. Your failure to comply with Section 5.1. or Section 5.2. may lead to temporary suspension limitation or termination of your access to and use of the Services in whole or in part or a termination of this Agreement according to Section 9.3. If we take any action described in this Section you will not be entitled to any refund (except where the law requires). We may also take other appropriate measures to protect us our users subsidiaries parental companies affiliates directors officers employees the Services the reputation and goodwill thereof at our sole discretion against inappropriate behavior regardless of whether such a behavior is listed herein. We may provide warnings before we take appropriate measures and when we take such measures we shall notify the details of the measures and the reason for taking the measures. A legitimate user restriction by the Publisher shall be exempt from any liability for damages.

5.4. Subject to the applicable data protection laws and our Privacy Policy the Publisher may at its own discretion monitor and record online activity or content transmitted communicated or posted by user on the Services and may remove any such content at its discretion.

6. USER-GENERATED CONTENT

6.1. You shall be responsible for anything you create upload post or make otherwise available in or through the Services (the “User Generated Content”). You own any intellectual property rights or other proprietary rights you may have in your own creative and original materials or content that forms part of User Generated Content except for the Services or any part thereof.

6.2. When you upload post or make otherwise available User Generated Content in or through the Services you grant us a non-exclusive fully paid and royalty-free worldwide irrevocable sublicensable and transferable right and license to use reproduce copy distribute publish edit adapt modify translate create derivative works based on communicate to the public publicly perform publicly display broadcast transmit or otherwise make available in whole or in part in original or modified form within the Services or on any other platforms and in any media channels your User Generated Content for the purposes of operating maintaining supporting or marketing the Services for the entire duration of the intellectual property rights. You acknowledge and agree that your User Generated Content may be available or accessible to other users.

6.3. To the maximum extent permitted by applicable law you waive and agree not to assert any moral rights or personal rights or any similar rights you may have according to any jurisdiction in any country in and to your User Generated Content. You acknowledge and agree that we are not required or obliged to credit attribute or compensate you. If the applicable law does not allow you to waive or not to assert your moral rights or personal rights you therefore grant us the right to use your User Generated Content without indicating your name or pseudonym (anonymously) and the right to make edits in and to your User Generated Content without prior consent or further notice to you.

6.4. You represent and warrant your User Generated Content does not violate this Agreement any intellectual property rights or any other rights (including publicity image or privacy rights) of any person or entity or is not subject to or will be not subject to any obligation. We assume no responsibility for your User Generated Content.

6.5. We do not endorse approve or support any User Generated Content and you agree that you will not assert declare suggest assume or claim that any User Generated Content has been endorsed approved or supported by us.

6.6. We assume no responsibility to examine check approve review or pre-screen any User Generated Content. However we reserve the right to suspend or remove any User Generated Content if there are reasonable grounds to believe that it violates this Agreement or any intellectual property rights or any other proprietary rights of any person or entity without prior or further notice or liability to you.

7. FEEDBACK

7.1. We appreciate your eagerness to contribute however we have to ask you to refrain from contributing sending or otherwise proving us with any creative ideas materials suggestions concepts or other types of creative works (the “Feedback”).

7.2. If you still submit your Feedback to us you therefore grant us a non-exclusive fully paid and royalty-free worldwide irrevocable sublicensable and transferable right and license to use reproduce copy distribute publish edit adapt modify translate create derivative works based on communicate to the public publicly perform publicly display broadcast transmit or otherwise make available sell rent lease offer or otherwise exploit the Feedback for any and all current and future purposes and methods of exploitation commercially or otherwise in whole or in part in any media known or developed in the future without further notice or compensation of any kind alone or accompanied by other material including any text image or other creative elements that may be used at our sole discretion on the territory of any country and for the entire duration of the intellectual property or other proprietary rights.

7.3. To the maximum extent permitted by applicable law you waive and agree not to assert any moral rights or personal rights or any similar rights you may have according to any jurisdiction in any country in and to your Feedback. You acknowledge and agree that we are not required or obliged to credit attribute or compensate you. If the applicable law does not allow you to waive or not to assert your moral rights or personal rights you therefore grant us the right to use your Feedback without indicating your name or pseudonym (anonymously) and the right to make edits in and to your Feedback without prior consent or further notice to you.

8. WARRANTIES AND LIABILITY

8.1. THIS AGREEMENT DOES NOT LIMIT OR EXCLUDE STATUTORY RIGHTS YOU MAY HAVE AS A CONSUMER ACCORDING TO CONSUMER PROTECTION LAWS IN YOUR JURISDICTION THUS SOME OF THE BELOW TERMS MAY NOT APPLY TO YOU.

8.2. IF YOU RESIDE IN AUSTRALIA UNITED KINGDOM OR SWITZERLAND WE WARRANT THAT THE SERVICES WILL BE PROVIDED WITH DUE CARE AND SKILL. MOREOVER IF YOU RESIDE IN EUROPEAN ECONOMIC AREA WE WARRANT THAT OUR DIGITAL GOODS AND DIGITAL SERVICES COME WITH A LEGAL GUARANTEE OF CONFORMITY PURSUANT TO THE PROVISIONS OF DIRECTIVE (EU) 2019/770 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL. NO OTHER PROMISES REPRESENTATIONS OR WARRANTIES ARE MADE.

8.3. IF YOU RESIDE OUTSIDE AUSTRALIA EUROPEAN ECONOMIC AREA UNITED KINGDOM OR SWITZERLAND THE SERVICES ARE PROVIDED ON AN “AS IS” “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY FITNESS FOR A PARTICULAR PURPOSE TITLE OR NON-INFRINGEMENT. ANY ACCESS TO OR USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK WE ASSUME NO RESPONSIBILITY FOR ANY DAMAGE IT MAY CAUSE. WE MAKE NO WARRANTIES THAT THE SERVICES ARE OF A PARTICULAR STANDARD QUALITY VALUE OR GRADE; THAT THE SERVICES WILL BE AVAILABLE; THAT THE SERVICES WILL BE ACCURATE TIMELY COMPLETE OR ERRORLESS. IN PARTICULAR WE MAKE NO WARRANTY THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES; THAT THE SERVICES WILL MEET YOUR NEEDS; THAT YOU WILL ENJOY THE SERVICES; THAT ALL THE ABOVE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT ANY DEFECTS OR OMISSIONS WILL BE FIXED OR CORRECTED.

8.4. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW NEITHER THE PUBLISHER NOR ITS LICENSORS SERVICE PROVIDERS OR CONTRACTORS NOR THEIR AFFILIATES DIRECTORS EMPLOYEES AGENTS OR SUBSIDIARIES SHALL BE LIABLE FOR ANY INDIRECT INCIDENTAL CONSEQUENTIAL SPECIAL PUNITIVE OR OTHER SIMILAR DAMAGES INCLUDING BUT NOT LIMITED TO LOST PROFITS LOSS OF REVENUE DAMAGE CAUSED TO YOUR PROPERTY LOST DATA OR OTHER INTANGIBLE ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENT OR THE SERVICES WHETHER BASED ON CONTRACT TORT OR ANY OTHER LEGAL THEORY EVEN IF WE HAVE BEEN ADVISED OF POSSIBILITY OF SUCH DAMAGES OR SHOULD HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES IN ANY OTHER WAY ARISING OUT OF USE OR INABILITY TO USE THE SERVICES. THUS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW YOU AGREE THAT THE AGGREGATE LIABILITY OF THE PUBLISHER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES SHALL BE ALWAYS LIMITED AND IN ANY WAY WILL NOT EXCEED THE TOTAL AMOUNTS YOU HAVE PAID (IF ANY) TO THE PUBLISHER SIX (6) MONTH PRECEDING THE DATE YOU FIRST ASSERT YOUR CLAIM. YOU HEREBY AGREE THAT IF YOU HAVE NOT PAID ANY AMOUNTS DURING SUCH PERIOD YOUR SOLE REMEDY (AND OUR SOLE LIABILITY) FOR ANY CLAIMS AND DISPUTES IS TO CEASE USING THE SERVICES. WE HOWEVER DO NOT LIMIT OR EXCLUDE OUR LIABILITY RESULTING FROM FRAUD GROSS NEGLIGENCE WILFULL MISCONDUCT OR IN THE EVENT OF DEATH OR PERSONAL INJURY RESULTING FROM AN ACT OR OMISSION BY US.

8.5. YOU ACKNOWLEDGE AND AGREE THAT THE DISLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY ABOVE IS AN ESSENTIAL TERM OF THE BARGAIN BETWEEN YOU AND THE PUBLISHER.

9. TERMINATION

9.1. This Agreement is effective until terminated by you or the Publisher.

9.2. You may terminate this Agreement at any time by ceasing all use of the Services and uninstalling the Game from your device or by notifying us.

9.3. The Publisher may terminate your access and use of any Services if you breach or threaten to breach this Agreement if you fail to comply with Section 5.1. or Section 5.2. or if you are in material breach with this Agreement or that there has been otherwise unlawful improper or fraudulent use of the Services by you. When practical we will notify you on the termination.

9.4. Notwithstanding the above we reserve the right to terminate this Agreement without any breach by you if we decide to stop providing the Services in whole or in part. We will notify you 30 days in advance by communicating to you directly or posting a notice on our website.

9.5. Upon termination of this Agreement your License to use the Services and any other rights granted under this Agreement shall cease immediately and you will no longer have access to the Services including but not limited to any purchases or other content linked to the account from the moment of termination. Unless otherwise provided in this Agreement or under applicable law you will not be entitled to any refunds after termination of this Agreement.

10. GOVERNING LAW AND JURISDICTION

10.1. Nothing in this Agreement limits or affects your statutory rights you may have according to applicable law.

10.2. This Agreement and any dispute or claim in connection with it shall be construed and governed by the laws of the Republic of Cyprus without regard to conflicts of laws principles. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.

10.3. Unless otherwise provided by applicable mandatory rules of consumer protection law in your jurisdiction you agree to the exclusive jurisdiction of the courts of Cyprus.

11. GENERAL

11.1. This Agreement does not intend to limit or exclude any statutory right you may have under applicable law.

11.2. If any provision of this Agreement is for any reason deemed invalid unlawful void or unenforceable then that provision will be deemed severable from this Agreement and the invalidity of the provision will not affect the validity or enforceability of the remainder of this Agreement.

11.3. This Agreement is for the benefit of its parties (i.e. you and us) and does not create any rights for any third parties.

11.4. The English version of this Agreement shall be the original governing instrument between you and us and in the event of any conflict between this English version and any other language version of the same the English version shall at all times prevail govern and control. If you read this Agreement in any other language either provided by us or translated by you these other language versions are for your convenience only and the English version always remains the controlling version.

11.5. You agree to fully comply with all export/import laws and regulations. You may not neither you may allow or authorize anyone else to use the Services or any portion thereof on the territory of any terrorist supporting country or the country in relation to which the appropriate restrictive measure or sanctions have been imposed. You represent and warrant that you are not located domiciled or resident in any of such countries.

11.6. We may assign or transfer this Agreement in whole or in part to anyone at our sole discretion if we find it necessary with or without notifying you. You may assign or transfer this Agreement provided however you will notify us in advance of any such assignment in writing. You agree that if you assign or transfer this Agreement without notifying us in advance any such assignment or transfer will be ineffective.

11.7. No failure or delay to exercise any right or remedy under this Agreement by us or you constitute a waiver of that right or remedy at a present or in the future.

12. CHANGES TO THIS AGREEMENT

12.1. This Agreement may be periodically updated changed amended altered or otherwise modified for various reasons e.g. to comply with the terms of the applicable legislation or to reflect certain changes in or to the Services at our sole discretion and at any time. Any changes amendments translations deletions or any other alterations of these terms whatsoever by you are not allowed and expressly rejected by us.

12.2. If we modify this Agreement we will notify you by sending an email or posting a notice within the Services or updating the “Last updated” date above. The current version will be made available to you with the indication of the date of the most recent change.

12.3. Any changes will become effective and legally binding 30 days after we post it on this website.

12.4. Your continued use of the Services in whole or in part constitutes your acceptance of changed terms. If you do not agree to the changes you must cease accessing and using the Services.

13. LINKS TO THIRD PARTIES’ WEBSITES AND RESOURCES

The Services may contain links to third parties’ websites and other resources. These links are provided for your reference only and the Publisher may not be held liable for any reason whatsoever as from your use of these links. You hereby expressly agree and acknowledge that the Publisher has neither power nor control over the contents of these third parties’ websites. By accessing or using these links you therefore make your own informed decision based upon your sole judgment.

14. CONTACT US

If you have any questions or complaints concerning the Services or if you simply would like to reach out to us you can find our contact details below:

Name: XTEN Limited
Address: Office 701 Archiepiskopou Makariou III 169 CEDAR OASIS TOWER 3027 Limassol Cyprus
Email: uflsupport@strikerz.inc

15. PLATFORM SPECIFIC TERMS

15.1. The below terms shall only apply to users who use the Services on PlayStation devices they own or control:
For SIEA users: Purchase and use of items are subject to the Network Terms of Service and User Agreement. This online service has been sublicensed to you by Sony Interactive Entertainment America.
For SIEE users: Any content purchased in an in-game store will be purchased from Sony Interactive Entertainment Network Europe Limited (“SIENE”) and be subject to PlayStation™ Network Terms of Service and User Agreement which is available on the PlayStation® Store. Please check usage rights for each purchase as these may differ from item to item. Unless otherwise shown content available in any in-game store has the same age rating as the game.

15.2. The below terms shall only apply to users who use the Services on Xbox devices they own or control:
The Publisher shall be solely liable under this Agreement Microsoft or its affiliates are not licensors under this Agreement. To the maximum extent allowed by the applicable law Microsoft or its affiliates are not responsible for the proper functioning of the Services and any compliance with the warranties set in this Agreement and no claims for damages with regards to the Services can be addressed to Microsoft or its affiliates.
Microsoft or its affiliates shall not provide any maintenance and support of the Services.
Microsoft’s applicable agreements including Xbox Live Terms of Use or any other agreement under which Microsoft grants the users the right to install and use the game shall in any case prevail over this Agreement which does not apply to the relationships between you and Microsoft or its affiliates.

16. COUNTRY SPECIFIC TERMS

16.1. AUSTRALIA

If you are a consumer habitually residing in the Commonwealth of Australia the below terms apply to you.

16.1.1. The Services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the Services you are entitled: (i) to cancel your service contract with us; and (ii) to a refund for the unused portion or to compensation for its reduced value. You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure you are entitled to have problems with the service rectified in a reasonable time and if this is not done to cancel your contract and obtain a refund for the unused portion of the contract.

16.1.2. To the maximum extent permitted by law and except for the consumer guarantees that cannot be excluded under the Australian Consumer Law we exclude any (i) warranty representation condition guarantee term or undertaking implied herein by applicable law (Schedule 2 of the Competition and Consumer Act 2010) common law trade or equity in their entirety and (ii) liability for losses damages charges or expenses arising out of or relating in any way to this agreement or the Services whether direct or indirect whether based on contract tort or any other legal theory even if we have been advised of possibility of thereof or should have foreseen the possibility of the above in any way arising out of use or inability to use the Services other than for personal injury or intentional damages directly caused by us. To the extent that the liability may not be excluded you acknowledge and agree that it is fair to limit our liability to the supplying of the Services again.

16.2. EUROPEAN ECONOMIC AREA

16.2.1. If you are a consumer habitually residing in a member state of the European Economic Area and accessing or using the Services the below terms and conditions apply to you and shall prevail over any conflicting term in this Agreement.

- The first sentence of paragraph 5 of the “Introduction” shall be replaced with the following: “If you permit your minor child or legal ward to use the Services you agree to this Agreement on behalf of them and yourself that you have the same duty of care as in your own matters and remain responsible for their actions including all purchases made by them.”

- Section 1.2. shall be replaced in its entirety as follows: “You agree that you are solely responsible for installation or deployment of any part of the Services or Modifications (as defined in Section 3 of this Agreement) and that we assume no responsibility to set up personalize control synchronize or otherwise integrate the Services or Modifications.”

- Section 2.5. shall be replaced in its entirety as follows: “Without prejudice to other terms of this Agreement we retain the right to change certain thresholds on the amount of the Additional Content in the future in whole or in part for business reasons or due to legal technical or other objective reasons. If we decide to stop providing Additional Content we will inform you 180 calendar days in advance and we will comply with our legal obligations to you. If we have to remove or stop providing Additional Content for legal technical or other objective reasons we will inform you in advance (unless immediate removal of Additional Content is required for legal reasons) and we assume no liability except if otherwise required by the applicable law.”

- The last sentence of Section 2.8. shall not apply.

- Section 3.1. shall be replaced in its entirety with the following: “From time to time the Publisher may introduce updates upgrades patches fixes changes or otherwise modify the Services (the “Modifications”) to maintain the Services in conformity or for other reasons like fixing software bugs or enhancing the functionality of the Services or introducing new digital content or digital services or other seasonal content.”

- Section 3.3. shall not apply.

- Section 3.4. shall be replaced in its entirety with the following: “We will notify you immediately about any Modification of purchased Additional Content if this Modification has a negative impact on your access to or use of your purchased Additional Content. This notification will include information on the Modification its characteristics and its effective date. If the impact of a Modification is not minor we undertake to inform you on a durable medium in a clear and comprehensible manner: (i) of such Modifications before or simultaneously with the upcoming Modification; (ii) the features and time of the Modification; and (iii) of your right to terminate free of charge the relevant contract on the purchase of the Additional Content which is affected by the Modification within 30 calendar days from receipt of such information or from the time when the relevant purchased Additional Content have been modified by us whichever is later. If you decide to terminate a contract in accordance with this Section 3.4. upon receiving a statement from you expressing your decision to terminate (i) we will reimburse you without undue delay and in any event not later than 14 calendar days from such notice the proportionate part of the contract value corresponding to the period of time during which the Additional Content was not in conformity and any part of the amount paid by you in advance for any period that would have remained had you decided not to terminate; and (ii) after the termination of said contract you undertake to refrain from using the purchased Additional Content and/or from making it available to third parties. We will carry out such reimbursement using the same means of payment that you used.”

- Section 8. WARRANTIES AND LIABILITY shall in its entirety be replaced with the following:
“8.1. WE WARRANT THAT THE SERVICES WILL BE PROVIDED WITH DUE CARE AND SKILL. MOREOVER IF YOU RESIDE IN EUROPEAN ECONOMIC AREA WE WARRANT THAT OUR DIGITAL GOODS AND DIGITAL SERVICES COME WITH A LEGAL GUARANTEE OF CONFORMITY.
8.2. IF THE SERVICES ARE NONCONFORMING YOU MAY IF APPLICABLE (i) DEMAND SUPPLEMENTARY PERFORMANCE (ii) AS THE CASE MAY BE WITHDRAW FROM OR TERMINATE THIS AGREEMENT OR REDUCE THE PRICE AND SUBJECT TO THE APPLICABLE LAW (iii) CLAIM DAMAGES OR REIMBURSEMENT OF FUTILE EXPENSES WITH THE EXCEPTION OF SERVICES THAT ARE OFFERED BY US FREE OF CHARGE.
8.3. WE SHALL BE LIABLE FOR DAMAGES AND PERSONAL HARM RESULTING FROM THE ABSENCE OF A WARRANTED CHARACTERISTIC OR DUE TO GROSS NEGLIGENCE OR INTENT ON OUR PART REPRESENTATIVES EMPLOYEES OR AGENTS. WE SHALL ALSO BE LIABLE IN THE EVENT OF SLIGHTLY NEGLIGENT BREACHES OF MATERIAL CONTRACTUAL OBLIGATION HOWEVER LIMITED TO THE AMOUNT OF DAMAGE TYPICALLY FORESEEABLE. MATERIAL CONTRACTUAL OBLIGATIONS ARE IN THE ABSTRACT OBLIGATIONS ON FULFILMENT THAT MAKE THE PROPER PERFORMANCE OF A CONTRACT POSSIBLE IN THE FIRST PLACE AND ON THE FULFILMENT OF WHICH THE CONTRACTING PARTIES MAY REGULARLY RELY.
8.4. IF GERMAN LAW APPLIES TO YOU WE ARE ALSO LIABLE FOR BREACH OF A GUARANTEE AND IN ACCORDANCE WITH THE GERMAN PRODUCT LIABILITY ACT (“PRODUKTHAFTUNGSGESETZ”); AND FOR THE SERVICES WHICH ARE OFFERED BY US FREE OF CHARGE WE ARE ONLY LIABLE FOR DAMAGES CAUSED INTENTIONALLY OR WITH GROSS NEGLIGENCE OR FOR PERSONAL HARM.
8.5. ANY FURTHER LIABILITY OF US IS HEREBY EXCLUDED TO THE MAXIMUM EXTENT PERMITTED UNDER THE APPLICABLE LAW.”

- Section 9.3. is replaced in as follows: “The Publisher may terminate this Agreement if you fail to comply with Section 5.1. or Section 5.2. or if you are in material breach with this Agreement. We will notify you on the termination.”

- In Section 9.4. the following is added: “In case of such termination or if we cause a termination for material breach of this Agreement you are entitled to a refund for any payments made by you for purchases Additional Content that at the time of termination has not been used by you. Other than that you will not be entitled to any refunds except as set forth in this Agreement or required under the applicable law including your consumer rights.”

- After the last sentence of Section 10.2. the following shall be added: “You also enjoy protection of the mandatory provisions of the law of your country of residence. The non-exclusive jurisdiction of the court of Cyprus is agreed. This means that you may bring an action to enforce your consumer protection rights in connection with this Agreement either in Cyprus or in your country of residence.”

- After the last sentence of Section 10.3. the following shall be added: “If you reside in Germany German law shall apply and the jurisdiction of the courts of Germany is agreed (this means that you may bring an action to enforce your consumer protection rights in connection with this Agreement in Germany).”

- A new section 10.4. shall be added after Section 10.3. as follows: “You may address the European Commission through its Online Dispute Resolution (ODR) platform for EU consumers: https://ec.europa.eu/consumers/odr/. We however do not participate in this platform. In addition you have the right to contact out-of-court dispute resolution bodies in your country of residence in case of a dispute with us based on the consumer protection law.”

- Section 11.6. shall be replaced in its entirety as follows: “We may assign or transfer this Agreement in whole or in part in accordance with the requirements of mandatory law.”

- Section 12.2. will be replaced as follows: “If we modify this Agreement we will notify of the changes via email or on other durable medium no later than 30 calendar days before such changes come into force. In the notification we will inform you about the changes your right to object the notice period and the legal consequences of a failure to object. We will also communicate to you the text of the updated Agreement. Changes to this Agreement shall not affect your accrued rights and shall not have retroactive effect.”

- Section 12.3. will be replaced as follows: We will obtain your consent in the change of the Agreement where required by law. Otherwise you shall be deemed to have accepted the changes unless you have notified us of your objection to such changes within thirty (30) calendar days from the moment of receiving the notification from us. In case you object to any changes the previous version of the Agreement shall continue to apply. However in that case we may terminate this Agreement with 14 calendar days’ notice. Also if you disagree with the changes you can terminate the Agreement as set out in Section 9.3.

- Section 12.4 does not apply.

- Section 13 does not apply.

- Additionally the following WITHDRAWAL RIGHT apply:

Instructions of withdrawal

Right of withdrawal

You have the right to withdraw from any contract within 14 calendar days without giving any reason. The withdrawal period will expire after 14 days from the day of conclusion of the contract. To exercise the right of withdrawal you must inform us:

XTEN Limited
Office 701 Archiepiskopou Makariou III 169 CEDAR OASIS TOWER
3027 Limassol
Republic of Cyprus
uflsupport@strikerz.inc

of your decision to withdraw from the contract by an unequivocal statement (e.g. a letter sent by post fax or email). You may use the model withdrawal form but it is not obligatory. To meet the withdrawal deadline it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effect of withdrawal

If you withdraw from the contract we shall reimburse to you all payments received from you under this contract including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us) without undue delay and in any event not later than 14 calendar days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event you will not incur any fees as a result of such reimbursement.

If you have requested that the Services begin during the withdrawal period you shall pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you have communicated us of the exercise of the right of withdrawal from that contract in comparison with the full coverage of these Services under the contract.

You lose your right of withdrawal after the Services have been fully supplied and if the supply has begun with your prior express consent and with the acknowledgement that you will lose your right of withdrawal once the Services have been fully supplied by us.

You lose your right of withdrawal insofar as the contract comprises the supply of Services which are not supplied on a tangible medium if the supply has begun with your prior express consent and your acknowledgment that you thereby lose your right of withdrawal.

Based on the aforesaid you understand that by purchasing Services you consent that we make available these Services to you directly after we have accepted your order. You will lose your right of withdrawal once the Services have been made fully available to you by us.

16.3. SOUTH KOREA

If you are a consumer habitually residing in the Republic of Korea and accessing or using the Services on our platforms the below terms apply to you.

16.3.1. You may cancel a purchase and obtain a refund within 7 days after the date of delivery of Additional Content (“right of withdrawal”). You will immediately lose your right of withdrawal when you have accessed downloaded or otherwise used the Additional Content. Notwithstanding the above you will not lose you right of withdrawal if the Additional Content is faulty or defective due to no your fault in which case you have an extended period to claim a refund within 30 days after you become aware of the defect.

16.3.2. If you are not eligible to enter into this Agreement either by yourself or with parental or guardian consent or if you have not obtained such consent (if necessary) or if you otherwise do not have legal capacity necessary for exercising rights and performing duties under this agreement then you may cancel a purchase and obtain a refund pursuant to the Korean Civil Act. However we may refuse to cancel a purchase and provide a refund if you had convincingly pretended to be an adult or to have obtained parental or guardian’s consent.

16.4. UNITED KINGDOM

If you are a consumer habitually residing in the United Kingdom the below terms apply to you.

16.4.1. If the Additional Content you have purchased is faulty you are entitled to a repair or a replacement.

16.4.2. If the fault cannot be fixed or if it has not been fixed within a reasonable time and without significant inconvenience you can request a refund.

16.5. UNITED STATES

If you are a resident of the United States of America the below terms apply to you.

16.5.1. Disputes. You and the Publisher agree to resolve any Dispute according to the procedure set forth below. The dispute resolution procedure will apply to any Disputes between you and the Publisher whether those arose before or after we entered into this Agreement or even when this Agreement is terminated for any reason or no reason. “Dispute” means any dispute claim or controversy between you and the Publisher arising out of or relating to this Agreement Privacy Policy the Services your use or attempted use of the Services or the breach termination enforcement interpretation or validity thereof including the determination of the scope or applicability of this Agreement to arbitrate whether based on contract statute regulation ordinance tort fraud negligence unfair competition injury misrepresentation rights of privacy or any other legal or equitable theory.

16.5.2. Informal Resolution. You and the Publisher agree to make a good faith effort to resolve any Dispute informally at least 30 days prior to starting an arbitration process as described below. This informal dispute resolution process starts as soon as we receive your written dispute notice through uflsupport@strikerz.inc (“Notice”). The Notice must identify the complaining party and include at least the full name and contact details describe the nature and basis of the Dispute the title of the specific Service subject to the Dispute and set forth the specific relief sought. Any Notice lacking any of the requirements set out above will be deemed void.

16.5.3. Arbitration Agreement. If you or the Publisher cannot resolve a Dispute informally as set out above you and the Publisher agree to resolve any Dispute exclusively through binding individual arbitration (not in a trial before judge or jury) pursuant to the U.S. Federal Arbitration Act. Any decision made by a neutral arbitrator (not a judge or jury) will be final. If you or the Publisher brings a Dispute that can be resolved by arbitration pursuant to the terms of this Agreement in court then either party may ask the court to order the parties to resolve the Dispute by arbitration. We both agree that the neutral arbitrator will have the exclusive authority to decide if any provision of this Section 16.5 is valid or enforceable or whether a Dispute is subject to arbitration. For clarity threshold questions of enforcement are to be delegated to the arbitrator. The provisions of this Section 16.5 shall survive termination of this Agreement of any reason.

16.5.4. Arbitration Procedure. The arbitration will be governed by the Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (“AAA”) available at www.adr.org. You and the Publisher agree that the arbitration will be conducted in English. You and the Publisher agree on the electronic submission of documents and allow participation by phone or by teleconference or in person at a mutually agreed location. Each side will pay their own attorneys’ fees and costs unless the claims allow for the prevailing party to recover attorneys’ fees and costs. If you or the Publisher unsuccessfully challenges the validity of the arbitrator’s decision or award through a court case the unsuccessful party shall pay the opposing party’s costs and attorneys’ fees associated with the challenge.

16.5.5. Exceptions. You and the Publisher agree that the informal resolution and arbitration agreement of this Section 16.5 will not apply to the following Disputes: (a) individual actions in small claims courts; (b) Disputes or other claims regarding the Publisher’s intellectual property including but not limited to Disputes concerning protection or enforcement of the Publisher’s trademarks trade dress trade secret patents copyrights or other intellectual property rights; (c) Disputes or other claims related to piracy or interference with the integrity of the Services.

16.5.6. Class-Action Waiver. You and the Publisher agree that any Dispute or other claim is personal to you and the Publisher and that we may bring Disputes or other claims against each other only in individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. You expressly waive any right to file or participate in a class action on a class or representative basis. Furthermore unless both you and the Publisher agree otherwise the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. If this Section 16.5.6 is found to be unenforceable then the entirety of section 16.5 shall be null and void.

16.5.7. Your Right to Opt-Out. You have the right to opt-out of the arbitration agreement and the class-action waiver provisions set out above and not be bound by them by sending us a written notice to opt-out to uflsupport@strikerz.inc. The notice must include (a) your full name and contact details; (b) your explicit statement that you would like to opt out of the arbitration agreement or the class-action waiver agreement or both; (c) the title of the specific Service to which your opt-out notice should apply; (d) your e-mail address. You must send us this notice within 30 days after you first accepted the terms of this Agreement or started using the Services or the Services have been made available to you whichever is earlier. If you do not send us the notice within that time or if the notice does not contain all the requirements set out above you will be bound to arbitrate Disputes according to the terms set out in this Section 16.5. If you opt out you and the Publisher will not be bound by the arbitration provisions of this Section 16.5.