End User License Agreement

This End User License Agreement(“EULA”) is applicable on your use of of the videogame, application, software, tool, editor, their associated upgrades, patches, and updates and related services (the “Product”) currently provided or which will be provided by M2H B.V., or any one of its subsidiaries or affiliated companies. (hereinafter collectively referred to as “M2H” or “We”). “you” and “your” mean the user of the computer, console or mobile device on which the Product will be or has been installed or used and who therefore agrees to this License Agreement.

This EULA shall coexist with, and shall not supersede, the Terms of Service. To the extent that the provisions of this Agreement conflict with the provisions of the Terms of Service, the conflicting provisions in the Terms of Service shall govern.

By installing, opening, copying and/or otherwise using this Product you hereby acknowledge, accept and agree to be bound by the terms of this agreement. If you do not agree to the terms of this agreement you are not allowed to install, copy, open or otherwise use our Product.

Your remedy for dissatisfaction with the Product or any other material made available by M2H is to stop using such Product.

Compliance of the agreement will become in effect immediately upon using our Product.

1. Limited Use License

The Product you are using from M2H is licensed and not sold. This license does not give you any title or ownership and should not be construed as a sale or transfer of any intellectual property rights in or relating to the Product. The license is subject to the terms of this EULA. This EULA is a binding contract between you and M2H and its licensors, licensees and suppliers.

If M2H deems that you have violated any of the terms of this EULA, all of your rights to use of the Product will be restricted to the fullest extent allowed by law, up to and including complete termination of those rights, without any further notification from M2H or anyone else. If your license is terminated, you will be obliged to immediately cease usage of the Product.

2. Commercial

You may not use our Product for any commercial purposes without the prior written consent of M2H or its authorized licensees.

3. Usage Restrictions

You agree to only use our Product in a way that is described in this agreement. You are not allowed to, without explicit permission:

Reverse engineer, modify or disassemble the Product.
Reproduce the Product.
Sell, license, rent, lease, license, distribute or otherwise transfer this Product or any copies.
Remove, disable or circumvent any security measures from the Product.
Use the Product, or permit use of such Product, or make the Product available for situations where it could be downloaded or accessed by multiple users.

Any breach of this agreement can result in termination of the usage of the Product without notice and and may subject you to civil and criminal liability.

Furthermore, you agree that you shall abide by any documentation accompanying the Product.

4. Access Restrictions

Children under the age of sixteen can not accept without the permission of a parent or guardian. By accepting this agreement, you guarantee us that you are older than sixteen or that a parent/guardian gave you the permission to accept.

5. Code of Conduct

Usage of our Product require you to adhere to rules set forward in this agreement
It is your responsibility to know, understand and abide by this Code of Conduct. You are also responsible for all activity tracing back to you while using the product. The following rules are not meant to be exhaustive, and M2H reserves the right to determine which conduct it considers to be outside the spirit of the Product and to take such disciplinary measures as it sees fit up to and including termination of usage of the Product. M2H reserves the right to modify this Code of Conduct at any time.

You may be in violation of the Code of Conduct if while using out Product you:

Post, transmit, promote, or distribute anything that violates any applicable law, regulation or treaty while using or accessing the Product.
Attempt to transmit damaging programs and/or data that contain malicious software.
Attempt to use tools or software designed to crash our Product.
Disrupt normal Product functionality, or otherwise act in a manner that negatively affects other participants and/or the overall Product experience.
Harass, embarrass , threaten or cause distress or discomfort upon another users or entities.
Transmitting or communicating any content which is deemed offensive, including language that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, or racially, ethically, or otherwise objectionable.
Participating in any action such as scamming or social engineering.
Engage in “Griefing”(disruptive behavior towards other users).
Impersonate any entity, including but not limited to M2H entities.
Accessing or attempting to access areas of the Product that have not been made available to the public
Engage in any behaviors that are illegal, such as invading the privacy or violate or infringe any right of any person or entity including any intellectual property right.
Post or transmit any unsolicited advertising or any other forms of solicitation
Sending repeated unsolicited or unwelcome messages to a single user or repeatedly posting similar messages in a messaging/chat/forum area managed by M2H or its licensors, including without limitation continuous advertisements to sell goods or products.
Removing, altering or concealing any copyright, trademark, patent or other proprietary rights notice of M2H in the Product.
Anything that M2H considers contrary to the the Product.

M2H has no obligation to monitor, approve, verify or screen the code of conduct. M2H reserves the right(but has no obligation) to apply penalties at any time for any reason or for no reason, with or without notice to you on violation of the Code of Conduct. Such penalties can include but is not limited to:

Revoking/Suspend/Delete/Terminate (online)access to the Product or parts of the Product.
Reporting your activities to potentially concerned parties
Apply a ban at a third party such as Steam

6. Virtual Goods & Virtual Currency

You have no ownership or other property interest in any of the Virtual Goods & Virtual Currency you unlock or buy within the Product. Virtual Goods & Virtual Currency have no monetary value. Refunds for purchases, including Virtual Goods and Virtual Currency, are handled by the store you bought from under that store’s refund policy, and by the law that applies to you. We do not offer refunds outside of that.

We have the right to delete, alter, move, remove, or transfer any and all Product Content, including Virtual Goods & Virtual Currency, in whole or in part, at any time and for any reason or no reason, with or without notice to you, and with no liability of any kind to you.

We don’t provide or guarantee, and expressly disclaim, any value, cash or otherwise, attributed to any data residing on servers we operate or control, including any Product Content attributed to your account. The sale or transfer of your Virtual Goods & Virtual Currency may only be conducted via Product approved of or provided by us, if any.

7. Copyright Notices

The copyrights, trademarks and other intellectual property rights related to the usage of our Product are property of M2H or its licensors, licensees or suppliers and is protected by Dutch copyright laws, international copyright treaties and conventions, and other laws. All rights are reserved. M2H and M2H’s licensors may protect their rights in the event of any violation of this Agreement.

8. Limitation of liability

M2H or any of its representatives shall never be liable to any damages that result from the usage or inability to use our Product. This also applies if the user has been informed of those possible damages.

M2H or any of its representatives shall never be liable to any personal injury or any wrongful act committed by you or any other user of the Product.

In no event shall our total liability to you for all damages, losses, and causes of action exceed the amount paid by you for the used Product.

9. Privacy

You acknowledge that M2H can collect data from and through the usage of our Product. By accepting this agreement you also automatically agree with our privacy policy. Our privacy policy can be found here: http://www.M2H.nl/privacy.

10. Changes in terms, pricing or Product

Changes in terms

M2H can, at any time, change these terms on legal, safety or legislation reasons
We expect from you to regularly check change or revisions in these terms since these terms are binding for you. Any usage of the Product after the terms changed implies acceptance of those terms.

Changes in pricing of Product

M2H reserves its right to, at any time, change the prices of the Product and adjust the pricing to a free to use model.

Changes to Product and content

M2H can change Product content and data at any time, for any reason for updating purpose, maintenance or resets.

11. Warranty

Usage of our Product is at your own risk. Our Product is provided ‘AS IS’ and we disclaim all other warranties. We can not guarantee that the functions from our Product meet your requirements.

Any information given by us or our representatives can not create a warranty. If your jurisdiction does not allow the exclusions mentioned above it will not apply to you.

12. Jurisdiction and Applicable Law

This Agreement shall be construed under laws of the Netherlands and you consent to the exclusive jurisdiction of the Dutch Courts. If any term of this EULA is not forceable by a court that term should still be enforce to the maximum extent possible. The remaining terms will remain in full effect.

13. Indemnification

You hereby agree to indemnify, hold harmless and defend M2H and affiliates from and against any claims, damages, losses, lawsuits, costs and liabilities that results from direct or indirect misuse of the Product offered by M2H B.V, violation of agreements such as this on or any infringement by you of any third party’s rights.

14. Health

When using our Product we recommend you take measure to ensure your safety. It is advisable to:

Not use our Product when you are tired or sleep deprived
Make sure you use our Product in a well lit room
Take regular breaks

Some users can experience epileptic attacks when using our Product. Please consult your doctor before you make use of our Product.

Parents especially should pay close attention to their children using our Product. If they experience any of the behaviors such as: dizziness, visual problems, contraction of the eyes or muscles, disorientation, involuntary movements or spasms or temporary loss of consciousness, they should stop the usage of the Product immediately and should consult a doctor.

15. Acceptance of Terms

By using our Product or installing our Product you automatically agree to all the terms of this EULA and the Privacy Policy (www.m2h.nl/privacy).

16. Disclaimer

M2H does not warrant that its Product is free of viruses or other harmful components.

The information contained in our Product is for general information purposes only. The information is provided by M2H and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Product or the information, products, services, or related graphics contained on the Product for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

Through the Product you might be able to link to other content which are not under the control of M2H. We have no control over the nature, content and availability of that content. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

Every effort is made to keep the Product up and running smoothly. However, M2H takes no responsibility for, and will not be liable for, the Product being temporarily unavailable due to technical issues.

17. Miscellaneous

This agreement can always be found at: https://www.m2h.nl/eula/

For any questions regarding these terms you can contact us at: [email protected]

You agree that no joint venture, partnership, employment, or agency relationship exists between you and M2H as a result of this Agreement or your use of the M2H Product.

M2H shall not be liable for any delay or failure to perform, including, any failure to perform hereunder due to unforeseen circumstances or cause beyond M2H ’ control such as acts of god, war, terrorism, hacking, cyber-attacks, bomb-threats, data corruption/loss, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

M2H B.V.
The Netherlands
Chamber of Commerce: 66055210

Related links:
https://www.M2H.nl/EULA (This page)
www.m2h.nl/privacy
https://www.M2H.nl/TOS