End-User License Agreement (EULA) of Arctium

LAST REVISED October 5, 2019

THIS VERSION OF ARCTIUM END USER LICENSE AGREEMENT WILL BECOME EFFECTIVE ON October 5, 2019.

YOU SHOULD CAREFULLY READ THIS AGREEMENT ("EULA") BEFORE INSTALLING OR USING ARCTIUM PRODUCTS AND SERVICES. IF YOU DO NOT AGREE WITH ALL OF THE TERMS OF THIS AGREEMENT, YOU MAY NOT INSTALL OR OTHERWISE ACCESS THE PLATFORM.

This End-User License Agreement ("EULA") is a legal agreement between you and Arctium

This EULA agreement governs your acquisition and use of our Arctium Products and Services ("Platform") directly from Arctium or indirectly through a Arctium authorized reseller or distributor (a "Reseller").

Please read this EULA agreement carefully before completing the installation process and using the Arctium Platform. It provides a license to use the Arctium Platform and contains warranty information and liability disclaimers.

If you register for a free trial of the Arctium Platform, this EULA agreement will also govern that trial. By clicking "accept" or installing and/or using the Arctium Platform, you are confirming your acceptance of the Platform and agreeing to become bound by the terms of this EULA agreement.

If you are entering into this EULA agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions. If you do not have such authority or if you do not agree with the terms and conditions of this EULA agreement, do not install or use the Platform, and you must not accept this EULA agreement.

This EULA agreement shall apply only to the Platform supplied by Arctium herewith regardless of whether other Platform is referred to or described herein. The terms also apply to any Arctium updates, supplements, Internet-based services, and support services for the Platform, unless other terms accompany those items on delivery. If so, those terms apply.

License Grant

Arctium hereby grants you a personal, non-transferable, non-exclusive licence to use the Arctium Platform on your devices in accordance with the terms of this EULA agreement.

You are permitted to load the Arctium Platform (for example a PC, laptop, mobile or tablet) under your control. You are responsible for ensuring your device meets the minimum requirements of the Arctium Platform.

You are not permitted to:

  • Edit, alter, modify, adapt, translate or otherwise change the whole or any part of the Platform nor permit the whole or any part of the Platform to be combined with or become incorporated in any other Platform, nor decompile, disassemble or reverse engineer the Platform or attempt to do any such things
  • Reproduce, copy, distribute, resell or otherwise use the Platform for any purpose
  • Allow any third party to use the Platform on behalf of or for the benefit of any third party
  • Use the Platform in any way which breaches any applicable local, national or international law
  • Use the Platform for any purpose that Arctium considers is a breach of this EULA agreement

Anti-Cheating & Anti-Piracy

In an effort to combat the efforts of those individuals who are willing to violate the EULA, Arctium utilizes an 'anti-cheating' utility that runs as part of Arctium products and services. This 'anti-cheating' utility performs limited scans of:

  • the Random Access Memory ('RAM') that is occupied by a Arctium product to confirm that the Arctium products program has not been altered or 'hacked' in violation of the EULA;
  • the Arctium products 'process' to determine if any unauthorized third-party programs or computer code has been attached to the Arctium products process;
  • the Windows Process List to determine if any confirmed hacking, botting or cheating programs are presently open in violation of the EULA
  • the Windows Handles list to see which processes have a handle to the Arctium products 'process'. Additional information obtained from RAM and/or disc for the processes that have a handle to the Arctium products 'process' will be used to determine if it is a confirmed hacking, botting or cheating program in violation of the EULA.

The information that is obtained from this activity is communicated to Arctium, who uses it solely to determine if the computer that a user is using to log on or to use Arctium services and prodcuts has any unauthorized third-party programs, such as 'hacks', 'bots', or 'cheats' that violate the EULA and is not used for any marketing purposes, and will never be sold, leased, or otherwise transferred to any third party (except as required for judicial action).

In the event that Arctium detects an unauthorized third-party program, Arctium may in its sole determination:

  • communicate information back to Arctium, including without limitation your Arctium services account name, details about the unauthorized third party program(s) detected, and the time and date the unauthorized third party program was detected; and/or
  • exercise any or all of its rights under the EULA, with or without prior notice to you.

Intellectual Property and Ownership

Arctium shall at all times retain ownership of the Platform as originally downloaded by you and all subsequent downloads of the Platform by you. The Platform (and the copyright, and other intellectual property rights of whatever nature in the Platform, including any modifications made thereto) are and shall remain the property of Arctium.

Arctium reserves the right to grant licences to use the Platform to third parties.

Termination

This EULA agreement is effective from the date you first use the Platform and shall continue until terminated. You may terminate it at any time upon written notice to Arctium.

It will also terminate immediately if you fail to comply with any term of this EULA agreement. Upon such termination, the licenses granted by this EULA agreement will immediately terminate and you agree to stop all access and use of the Platform. The provisions that by their nature continue and survive will survive any termination of this EULA agreement.

Disclaimer

This Platform is provided "AS IS" without warranty of any kind including, but not limited to, warranties of merchantability, fitness for a particular purpose and non-infringement. In no event will Arctium be liable for any direct, indirect, incidental, special, exemplary or consequential damages, including damages for loss of profits, loss or inaccuracy of data, incurred by any person from such person's usage of this Platform even if advised of the possibility of such damages.

Governing Law

This EULA agreement, and any dispute arising out of or in connection with this EULA agreement, shall be governed by and construed in accordance with the laws of Germany.

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