Spreadcamp Store - Terms Of Service - End User License Agreement
1.	Background
1.1	The Spreadcamp Store (“Spreadcamp Store”) is owned and operated by Rainer Liessem, Oesterreicherstr 1, 86154 Augsburg, Germany. Your use of the Spreadcamp Store is governed by a legal agreement between you and Spreadcamp consisting of these Terms of Service ("Terms") which you must accept by way of a clicking on the "License Agreement" webpage appearing prior to your purchase.
1.2	In addition any Asset that you acquire from the Spreadcamp Store that has been developed by Spreadcamp or that has been made available by third-parties ("Providers") that are not affiliated with Spreadcamp, will be subject to Spreadcamp's standard End User License Agreement ("Spreadcamp-EULA"), which is Appendix 1 to these Terms and which you have accepted as an integrated part of these Terms by way of a clicking on the "License Agreement" webpage appearing prior to your purchase.
1.3	Further, any free Asset that you acquire from the Spreadcamp Store that has been made available by Providers may also be governed by such Provider's End User License Agreement ("Provider-EULA"), which you must also accept by way of a clicking at the time when you acquire a third party free Asset.
1.4	In the event that the Provider does not furnish a Provider-EULA for any free Asset to Spreadcamp, then such Assets will also (mutatis mutandis) be subject to the Spreadcamp-EULA, which you accept as an integrated part of these Terms by way of a clicking when you are registered as a user of the Spreadcamp Store.
1.5	You may use Spreadcamp Store to browse, locate, and download Assets (defined as (i) software designed in order to facilitate the development of electronic games and interactive media (ii) content (for example – without limitation – computer graphics, including 3D computer graphics, sounds and music), tutorials and other digital materials created in order to become integrated parts of electronic games). Some of these Assets may be offered by Spreadcamp while others may be made available by Providers. You agree that Spreadcamp is not responsible for any Asset on the Spreadcamp Store that originates from a source other than Spreadcamp. Additionally, some Assets may be made available to you at no charge while other Assets may be purchased for a fee. You agree that you are solely responsible for all fees associated with purchases you make on the Spreadcamp Store.
1.6	In order to use Spreadcamp Store you must be 18 years of age or older. On using the service you warrant that you have legal capacity to enter into the agreement.
2.	Spreadcamp's provision of the Spreadcamp Store
2.1	You agree that Spreadcamp may stop (permanently or temporarily) providing the Spreadcamp Store (or any features within the Spreadcamp Store) to you or to users generally at Spreadcamp’s sole discretion, without prior notice to you.
2.2	You agree that Spreadcamp may stop (permanently or temporarily) providing the Spreadcamp Store (or any features within the Spreadcamp Store) to you or to users generally at Spreadcamp’s sole discretion, without prior notice to you.
2.3	Spreadcamp may make available to you various payment processing methods to facilitate the purchase of Assets from the Spreadcamp Store. You agree to abide by any relevant terms of service or other legal agreement, whether with Spreadcamp or a third party, that governs your use of a given payment processing method. You agree that Spreadcamp reserves the right to add or remove payment processing methods at its sole discretion and without notice to you.
3.	Your Use of the Spreadcamp Store
3.1	In order to access certain services in the Spreadcamp Store, you may be required to provide information about yourself such as your name, address, and billing details. You agree that any such information you provide to Spreadcamp will always be accurate, correct and up to date.
3.2	You agree to use the Spreadcamp Store only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. You agree to comply with all local laws and regulations regarding the download, installation and/or use of the Assets.
3.3	You agree not to access (or attempt to access) the Spreadcamp Store by any means other than through the interface that is provided by Spreadcamp, unless you have been specifically allowed to do so in a separate agreement with Spreadcamp. You specifically agree not to access (or attempt to access) the Spreadcamp Store through any automated means (including use of scripts, crawlers or similar technologies from time to time).
3.4	You agree that you will not engage in any activity that interferes with or disrupts the Spreadcamp Store (or the servers and networks which are connected to the Spreadcamp Store). You agree that you will not use any of the Assets found on the Spreadcamp Store in a way that interferes or disrupts any servers, networks, or websites operated by Spreadcamp or any third party.
3.5	Unless you have been specifically permitted to do so in a separate agreement with Spreadcamp and except as permitted under the Spreadcamp-EULA or a Provider-EULA (for free Assets only), you agree that you will not reproduce, duplicate, copy, sell, trade or resell any Asset that you have acquired from the Spreadcamp Store for any purpose.
3.6	You agree that you are solely responsible for (and that Spreadcamp has no responsibility to you or to any third party for) your use of the Spreadcamp Store or any Assets, any breach of your obligations under the Terms, and for the consequences (including loss or damage of any kind which Spreadcamp may suffer) of any such breach.
3.7	You agree to comply with any and all applicable tax laws, including the reporting and payment of any taxes arising in connection with your use of the Spreadcamp Store or the purchase of Assets through the Spreadcamp Store, and that the reporting and payment of any such applicable taxes are your responsibility.
3.8	You agree that Spreadcamp and/or third parties own all right, title and interest in and to the Spreadcamp Store and the Assets available through the Spreadcamp Store, including without limitation all applicable Intellectual Property Rights in the Assets. "Intellectual Property Rights" means any and all intellectual property rights wherever in the world and whenever arising (and including any application), including patent laws, copyright, trade secrets, know-how, confidential information, business names and domain names, computer programs, trademark laws, service marks, trade names, utility models, design rights, semi-conductor topography rights, database rights, goodwill or rights to sue for passing off, and any and all other proprietary rights worldwide. You agree that you will not, and will not allow any third party to,
	(i) copy, sell, license, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Assets, unless otherwise permitted,
	(ii) take any action to circumvent or defeat the security or content usage rules provided, deployed or enforced by any functionality (including without limitation digital rights management or forward-lock functionality) in the Assets,
	(iii) use the Assets to access, copy, transfer, transcode or retransmit content in violation of any law or third party rights, or
	(iv) remove, obscure, or alter Spreadcamp's or any third party's copyright notices, trademarks, or other proprietary rights notices affixed to or contained within the Assets.
3.9	While Spreadcamp does not undertake any legal obligation to monitor, prescreen, review, flag, filter, modify, refuse or remove any or all Assets or their content from the Spreadcamp Store, Spreadcamp reserves the right to do so, and if Spreadcamp is notified by Provider or otherwise becomes aware and determines in its sole discretion that an Asset or any portion thereof; (a) violates the intellectual property rights or any other rights of any third party; (b) violates any applicable law or is subject to an injunction; (c) is pornographic, obscene or otherwise violates Spreadcamp's hosting policies or other terms of service as may be updated by Spreadcamp from time to time in its sole discretion; (d) is being distributed by Provider improperly; (e) may create liability for Spreadcamp; (f) is deemed by Spreadcamp to have a virus or is deemed to be malware, spyware or have an adverse impact on Spreadcamp; (g) violates the terms of this Agreement; or (h) the display of the Asset is impacting the integrity of Spreadcamp servers (i.e., Customers are unable to access such content or otherwise experience difficulty), Spreadcamp may demand that Provider fixes the Asset. In addition Spreadcamp shall itself be entitled to edit and make changes in the Asset. Finally Spreadcamp shall be entitled to remove the Asset from the Spreadcamp Store immediately, or reclassify the Asset at its sole discretion. Spreadcamp reserves the right to suspend and/or bar any Provider from the Spreadcamp Store at its sole discretion. Irrespective of the above, you agree that by using the Spreadcamp Store you may be exposed to Assets that you may find offensive, indecent or objectionable and that you use the Spreadcamp Store at your own risk.
4.	Spreadcamp Services and Third Party Assets and Services
4.1	Some components of Assets (whether developed by Spreadcamp or third parties) may also be governed by applicable open source software licenses. In the event of a conflict between the Terms and any such licenses, the open source software licenses shall prevail with respect to those components.
5.	Export Restrictions
5.1	Assets available on the Spreadcamp Store may be subject to laws, administrative regulations and executive orders of those authorities responsible according to any applicable laws relating to the control of imports and exports of the Assets (“Export Laws”). You agree to comply with all applicable Export Laws and you shall not export or re-export directly or indirectly (including via remote access) any part of the Assets to any country to which a license is required under the Export Laws without first obtaining a license.
6.	Indemnifications
6.1	To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless Spreadcamp, its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from your use of the Spreadcamp Asset Store, including your downloading, installation,
7.	Termination
7.1	These Terms will continue to apply until terminated by either you or Spreadcamp as set out below.
7.2	If you want to terminate these Terms, you may do so by ceasing your use of the Spreadcamp Store and any Assets downloaded from the Spreadcamp Store.
7.3	Spreadcamp may at any time, terminate these Terms with you if: (A) you have breached any provision of these Terms; or (B) Spreadcamp is required to do so by law; or (C) Spreadcamp decides to no longer provide the Spreadcamp Asset Store.
7.4	When these Terms come to an end, all of the legal rights, obligations and liabilities that you and Spreadcamp have benefited from, been subject to (or which have accrued over time whilst these Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of Section 11.7 shall continue to apply to such rights, obligations and liabilities indefinitely.
8.	Disclaimer of Warranties
8.1	YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE Store AND ANY ASSETS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE Spreadcamp Store IS AT YOUR SOLE RISK AND THAT THE Spreadcamp Store IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. IN PARTICULAR, Spreadcamp, ITS SUBSIDIARIES, HOLDING COMPANIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
	(A) YOUR USE OF THE ASSETS WILL MEET YOUR REQUIREMENTS,
	(B) YOUR USE OF THE ASSETS WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
	(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE ASSETS WILL BE ACCURATE OR RELIABLE, AND
	(D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE ASSETS WILL BE CORRECTED.
8.2	YOUR USE OF THE Spreadcamp Store AND ANY ASSETS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE Spreadcamp Store IS AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, OR OTHER DEVICE, OR LOSS OF DATA THAT RESULTS FROM SUCH USE.
8.3	TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Spreadcamp FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES TERMS OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES TERMS AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WITH RESPECT TO ANY ASSETS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE Spreadcamp Store AS WELL AS THE Spreadcamp Store ITSELF.
8.4	NONE OF THE ASSETS ARE INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, LIFE SUPPORT SYSTEMS, EMERGENCY COMMUNICATIONS, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, OR ANY OTHER SUCH ACTIVITIES IN WHICH CASE THE FAILURE OF THE ASSETS COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
9.	Limitation of Liability
9.1	SUBJECT ALWAYS TO CLAUSE 10.3, YOU EXPRESSLY UNDERSTAND AND AGREE THAT Spreadcamp AND ITS SUBSIDIARIES, HOLDING COMPANIES AND OTHER AFFILIATES SHALL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY (WHETHER CONTRACT, TORT INCLUDING NEGLIGENCE OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU THROUGH YOUR USE OF THE Spreadcamp Store OR ANY ASSETS DOWNLOADED OR OTHERWISE OBTAINED FROM THE Spreadcamp Store, INCLUDING ANY LOSS OF DATA, GOODWILL, BUSINESS REPUTATION OR OTHER INTANGIBLE LOSS WHETHER OR NOT Spreadcamp OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
9.2	YOU EXPRESSLY UNDERSTAND AND AGREE THAT Spreadcamp, ITS SUBSIDIARIES, HOLDING COMPANIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
	(I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY, DEVELOPER, ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS IN THE ASSETS OR ON THE Spreadcamp Store;
	(II) ANY CHANGES WHICH Spreadcamp MAY MAKE TO THE ASSETS OR ON THE Spreadcamp Store, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE Spreadcamp Store OR THE ASSETS (OR ANY FEATURES WITHIN THE ASSETS);
	(III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE Spreadcamp Store OR THE ASSETS;
	(III) YOUR FAILURE TO PROVIDE Spreadcamp WITH ACCURATE ACCOUNT INFORMATION;
9.3	NOTHING IN THE TERMS EXCLUDES THE LIABILITY FOR Spreadcamp, ITS SUBSIDIARIES OR AFFILIATES FOR: (I) DEATH AND PERSONAL INJURY CAUSED BY NEGLIGENCE; (II) FRAUDULENT MISREPRESENTATION; OR (III) ANY OTHER LIABILITY WHICH CANNOT BE LIMITED BY APPLICABLE LAW.
10.	Change of Terms
10.1	Spreadcamp may make changes to Terms from time to time. When these changes are made, Spreadcamp will make a new copy of the Terms available at the Spreadcamp Store and any new additional Terms will be made available to you at the Spreadcamp Store.
10.2	You understand and agree that if you use the Spreadcamp Store and the Assets after the date on which the Terms have changed Spreadcamp will treat your use as acceptance of the updated Terms or additional Terms.
11.	General Legal Terms
11.1	These Terms constitutes the whole legal agreement between you and Spreadcamp and govern your use of the Spreadcamp Store and the Assets, and completely replace any prior agreements between you and Spreadcamp in relation to the Spreadcamp Store and the Assets. Each party confirms that, in entering into the Terms it has not relied upon any representations or statements not expressly incorporated herein. Notwithstanding anything else in the Terms, neither party limits or excludes liability for fraudulent misrepresentation.
11.2	You agree that if Spreadcamp does not exercise or enforce any legal right or remedy which is contained in these Terms (or which Spreadcamp has the benefit of under any applicable law), this will not be taken to be a formal waiver of Spreadcamp’s rights and that those rights or remedies will still be available to Spreadcamp.
11.3	If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of these Terms will continue to be valid and enforceable.
11.4	You acknowledge and agree that each member of the group of companies with which Spreadcamp is affiliated shall be third party beneficiaries to these Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of these Terms that confers a benefit on (or rights in favour of) them. Other than this, no other person or company shall be third party beneficiaries to these Terms. (whether pursuant to the contract, law or otherwise).
11.5	The rights granted in the Terms may not be assigned or transferred by you without the prior written approval of Spreadcamp. Nor shall you be permitted to delegate your responsibilities or obligations under these Terms without the prior written approval of Spreadcamp.
11.6	The rights granted in the Terms may be assigned or transferred by Spreadcamp without your prior written approval. In addition Spreadcamp shall be permitted to delegate its responsibilities or obligations under these Terms without your written approval.
11.7	These Terms, and your relationship with Spreadcamp under these Terms, shall be governed by the laws of Germany without regard to its conflict of laws provisions. You agree that Spreadcamp shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.