END USER AGREEMENT

 INTRODUCTION

Please read this End User License Agreement carefully, as it constitutes a legally binding agreement between you and StickyLock Studios B.V. This EULA governs your use of Histera and related services. By downloading and/or using Histera, you agree to be bound by the terms and conditions of this EULA. In case you do not agree to the EULA, you are not able to use Histera.

PRIVACY

We believe it is important to be transparent about how we process your personal data. For more information we refer to our privacy policy which can be found at https://histera.com/privacy-policy/

  1. Terminology

The following definitions are used in the EULA:

Distribution Partner” means the operator of a Distribution Platform, including Valve Corporation with respect to the Steam platform;

Distribution Platform” means any digital distribution platform operated by a third party by means of which the User lawfully acquired the Game, including the Steam platform;

Distribution Platform T&Cs” means the terms and conditions of the relevant Distribution Platform that set out any rights and/or obligations of the User in relation to the Game;

DLC” means any downloadable or other supplemental content for the Game made available by StickyLock and purchased or otherwise lawfully acquired by the User, including skins, characters, weapons, levels, modes and passes;

EULA” means this end user licence agreement, including any amendments to this end user licence agreement from time to time;

Hard Currency” means in-Game credits purchased by the User for money;

Hardware” means any desktop, laptop or other personal computer that is owned by and/or in the physical possession of the User and meets the minimum hardware requirements for the Game published by StickyLock from time to time;

Histera” means the video game created by StickyLock and known as Histera, as modified, patched, updated and upgraded from time to time by or with the authorisation of StickyLock, including the Online Services any and all DLC;

Intellectual Property Rights” means all copyrights, database rights, trade marks and other intellectual property rights wherever in the world, whether registrable or unregistrable, registered or unregistered, including any application or right of application for such rights;

Online Services” means the software-based services provided by StickyLock via the internet and designed for use in conjunction with the Game;

StickyLock” means StickyLock Studios B.V., a company incorporated in the Netherlands (KVK number 81681321) having its address at Zekeringstraat 17 A, 1014BM Amsterdam;

Term” means the term of this EULA, commencing in accordance with Clause 12.1 and ending in accordance with Clause 12.2 or applicable legislation;

Update” means a hotfix, patch or version update or upgrade (minor or major) to the Game;

User” means the person to whom StickyLock grants a right to use the Game under this EULA in accordance with the preamble to this EULA. Alternatively, the User will be referred to as “You” in this EULA;

User Generated Content” means all works and materials (including text and images) that the User submits to Histera or has created in Histera;

User Creations” means screenshots, audio recordings and video footage created by the User that reproduce content from the Game, together with any derivative works of such screenshots, audio recordings and video footage created by the User (such as memes, reviews, game guides, Let’s Play videos and livestreams).

2. License

2.1 StickyLock hereby grants you a personal, revocable, non-exclusive, non-transferable license to:

a. Download a copy of Histera on your Hardware; and

b. Run and play Histera on your Hardware, which means that you are only allowed to use Histera for non-commercial purposes (other than described in article 3 of this EULA).

2.2 The license that is granted to you under this EULA is subject to your compliance with all terms and conditions of this EULA. StickyLock has the right to suspend and/or terminate your license to Histera in case you do not comply with these terms and conditions.

3. Streaming of Histera & User Creations

3.1 In addition to the license granted in article 2 of this EULA, StickyLock hereby grants you a personal, revocable, non-exclusive, non-transferable license to:

A. publicly display Histera on online video streaming websites, including but not limited to youtube.com and twitch.com;
B. create and publish other User Creations in accordance with the content creation guidelines as published by StickyLock on its website from time to time;

3.2 The license as referred to in article 3.1 is subject to compliance with all terms and conditions of this EULA, including the rules of conduct as referred to in article 4 of this EULA.

3.3 You will comply with the following obligations with regards to User Creations:

A. You will seek to earn money from the User Creations and must not exploit the User Creations for any commercial purpose. With this, we mean that you are not allowed to sell, rent, lease, loan, license, transfer or distribute the User Creations for money. However, you are allowed to earn money from subscriptions to channels or advertisements;

B. You will not use User Creations in any way that is likely to have a material negative effect on the reputation or goodwill of StickyLock or Histera.

3.4 StickyLock has the right to terminate the license as referred to in article 3.1 of this EULA at any time.

4. Rules of conduct

4.1 You will comply with the following obligations when using and/or operating Histera:

A. You will not copy, modify or create derivative works of Histera or any part of it, including data held in memory;
B. You will not distribute, transfer, sublicense, lease, lend, rent, grant a security interest in or otherwise provide access to Histera to any third party;
C. You will not buy, sell or transfer (the contents of) your account of Histera;
D. You will not modify, alter, edit, adapt or create derivative works of Histera;
E. You will not reproduce, decompile and/or reverse engineer Histera, except if this is authorized by mandatory law;
F. You will not conduct any systematic or automated data collection activities (including scraping, data mining, data extraction and data harvesting);
G.
You will not delete, remove, disable or circumvent any security protection  measures, anti-cheating measures or proprietary notices in or associated with Histera;
H. You will not violate any law, rule and/or regulation

4.2 We think it is important that Histera is a safe and enjoyable for everyone and the use and/or access to Histera for harmful activities is expressly prohibited. Therefore you will comply with the following rules of conduct:

A. You will not cheat when playing Histera or take unfair advantage of errors and/or bugs in Histera;
B. You will not share information and/or content that is misleading or untruthful;
C. You will not share information and/or content that is libelous, defamatory, abusive, harassing, threatening, bullying, racist, discriminatory or hateful;
D. You will not share information and/or content that is erotic and/or pornographic;
E. You will not share information and/or content that contains hyperlinks, torrents or similar information that includes and/or refers to material that infringes the rights of third parties;
F. You will not share information and/or content that contains commercial, charitable and/or idealistic communication;
G. You will not share information and/or content that contains viruses, malware, Trojan horses, worms, bots or other (malicious) software;
H. You will not share information and/or content that contain tools and/or solutions with which Histera can be examined and/or used in an improper way;
I. You will not share information and/or content which infringes the rights, reputation of interests of StickyLock and/or third parties;
J.
You will not share information and/or content which is unlawful;
K. You will not publicly name and/or reveal the identity of any other player;
L. You will not impersonate another person or falsely imply that you are an employee and/or representative of StickyLock
M. You will not interfere with or disrupt any server and/or network used to support or provide Histera and/or any service provided by StickyLock (including any hacking or cracking into Histera);
N. You will not interfere with and/or disrupt another player’s use of Histera or any service provided by StickyLock;
O.
You will not negatively affect other players’ enjoyment of Histera.

5. Online Services

5.1 As Histera is an online multiplayer game, it is designed to be used in conjunction with the Online Services. This means that Histera will not function properly or function at all in the absence of access to the Online Services.

5.2 You are responsible for arranging and maintaining an internet connection sufficient for access to the Online Services.

5.3 You understand and agree that the Online Services are provided on an “as is” basis without any warranty of any kind. This means that StickyLock does not guarantee that the Online Services are free from bugs and/or defects, work flawlessly and/or are available at all times. In particular, the Online Services may be unavailable as a result of Updates, scheduled maintenance, emergency maintenance, unanticipated resource requirements, hardware failures, software failures and service provider failures.

5.4 All provisions regarding Histera in this EULA also apply to the Online Services. To avoid any misunderstanding in this regard, the Online Services have also been included in the definition “Histera” as described in article 1 of this EULA.

6. Hard Currency

6.1 StickyLock offers the possibility to Users to purchase Hard Currency, which can be used in Histera.

6.2 When you purchase Hard Currency, StickyLock provides you with a limited license to use the Hard Currency in Histera. While you as a User may benefit from using Hard Currency in Histera, you do not obtain any ownership rights in respect of the Hard Currency. You understand that Hard Currency does not have an intrinsic, real-world value and do not correspond to any value in euros or any other real-world currency.

6.3 The price for the purchase of Hard Currency is shown when making the purchase in Histera or on the applicable Platform. You can pay using the indicated payment methods. Prices include any applicable taxes.

6.4 Obious errors and obvious mistakes in prices are not binding. This includes situations where Hard Currency is priced incorrectly. StickyLock will let you know that something was priced incorrectly and then you will have the option to (still) buy the Hard Currency for the correct price. If you are not interested in that, we will cancel your purchase and you will receive a full refund of the payment you made earlier.

6.5 You understand and agree that:

A. You are not allowed to trade, exchange and/or sell the Hard Currency for real-world money;
B. Hard Currency will be deleted and/or lost when you lose access to your account;
C. StickyLock is not obliged to offer Hard Currency to you. This means that StickyLock can decide to stop offering Hard Currency to certain players, within certain countries or regions, for legal, regulatory of business considerations.

6.6 Upon termination of this EULA, any and all rights you have in relation to the Hard Currency shall immediately and automatically terminate as well.

7. Intellectual Property Rights

All intellectual property rights to Histera are owned by StickyLock. This Agreement does only provide for a license and does not transfer and/or sell any intellectual property rights to Histera or to any copy thereof. All rights that are granted to you are expressly mentioned in and are limited by this EULA, which means that no license, permission or right of access shall be implied.

8. User Generated Content

8.1 You grant StickyLock a worldwide, non-exclusive, royalty-free, transferrable, sub-licensable and irrevocable license to use your User Generated Content for any purpose.

8.2 You guarantee that the User Generated Content complies with the rules of conduct as described in article 4 of this EULA.

9. Third Party Software & Distribution Partner T&C 

It is possible that Histera includes Third Party Software which StickyLock has obtained under a license. Additionally, the Distribution Platform T&C apply to your use of Histera. As a consequence, StickyLock may be obliged to ensure that you comply with the terms and conditions of these licenses. If that is the case, StickyLock will notify you of these terms and conditions. Your use of Histera is subject to your compliance with these terms and conditions and by agreeing to this EULA, you also agree to be bound by the terms and conditions of these licenses. In case the contents of this EULA conflict with the terms and conditions of third parties, the terms and conditions of third parties will prevail.

10. Conformity and liability

10.1 Histera is provided on an “as is” basis without any warranty of any kind. This means that StickyLock does not guarantee that Histera is free from bugs and/or defects, works flawlessly and/or is available at all times.

10.2 StickyLock will not be liable to you for:

A. Any losses caused by events beyond the reasonable control of StickyLock
B. Any loss or corruption of any data, database or software

10.3 In no event shall StickyLock be liable under or in connection with this EULA for the following losses and/or damages (regardless of the cause thereof):

A. Indirect damages and losses;
B. Incidental damages and losses;
C. Consequential damages and losses;
D. Special damages and losses;
E. Punitive damages and losses;
F. Exemplary damages and losses.

10.4 Nothing in this EULA will:

A. Limit or exclude any liability for death or personal injury resulting from negligence of StickyLock;
B. Limit or exclude any liability for fraud or fraudulent misrepresentation;
C. Limit any liabilities in any way which is not permitted under applicable statutory laws.

10.5 Notwithstanding the limitation of liability as referred to in article 5.2 of this EULA, the liability on the part of StickyLock is limited to the amount that you have paid for (the license to) Histera.

11. Updates

11.1 StickyLock may supply or make available Updates to Users. Any Update will be automatically downloaded when playing Histera. As Histera is an online multiplayer game, it is necessary to install any Updates before playing the game. In case you do not download any Update to Histera, you will not be able to play Histera.

11.2 You acknowledge that StickyLock will use technical measures to enforce article 11.1 of this EULA.

12. Term & termination

12.1 This EULA comes into force upon your acceptance of this EULA and will continue to remain into effect until it is terminated in accordance with the terms and conditions of this EULA.

12.2 StickyLock may, by giving at least 30 days’ written notice to you, terminate the EULA, providing that the effective date of any such termination must be after the end of the period of 90 days following the last date that the User purchased Hard Currency or DLC using money.

13. Modification of this EULA 

StickyLock has the right to unilaterally update and/or change the terms and conditions of this EULA. You will be notified in advance of any updated and/or changed terms and conditions of the EULA via Histera and/or the applicable Distribution Platform. Your continued use of Histera after a change of the terms and conditions of this EULA constitutes your acceptance of these terms. In case you do not want to be bound by the amended terms and conditions, you have the right to terminate this EULA.

14. Miscellaneous

14.1 This EULA constitutes the entire and exclusive understanding and agreement between StickyLock and you regarding Histera. This EULA supersedes and replaces any and all prior oral or written understandings or agreements between StickyLock and you regarding Histera.

14.2 You cannot assign or otherwise transfer this EULA or any right granted or obligation imposed hereunder, except in case you have received prior written consent of StickyLock for the assignment or transfer. StickyLock may freely assign or transfer this EULA without restriction, providing that the transfer does not serve to reduce the guarantees benefitting you under this EULA.

14.3 If any term of this EULA is held invalid or unenforceable by a court of competent jurisdiction, that term will be deemed not to form part of this EULA but the remainder of this EULA shall remain in full force and effect.

14.4 Where this EULA specifies that StickyLock shall provide written notice to you, StickyLock may do so by: (a) sending the notice to any email address supplied or made available by you; or (b) publishing a notice, addressed to users of Histera generally, on its website.

14.5 This EULA shall be governed by and construed under the laws of the Netherlands.

14.6 Any and all disputes arising from or in connection with this EULA shall be subjected to the exclusive jurisdiction of the court of Breda, The Netherlands.

If you have any questions about this EULA, please contact StickyLock at info@stickylock.com