iGP Manager
End User License Agreement (EULA)

IGP Manager is a computer game developed and operated by iGP Games (the “Game”).  In this agreement, “iGP Games” means iGP Games Limited and its other subsidiaries and affiliates; “you” and “your” mean the user of the computer on which the Game will be or has been installed.  All portions of this End User License Agreement are valid regardless of which entity of iGP Games is providing the Game to you.

PLEASE READ THIS END USER LICENSE AGREEMENT (THIS “EULA” OR “LICENSE AGREEMENT") CAREFULLY. BY CLICKING THE "ACCEPT" BUTTON BELOW OR USING THE GAME OR INSTALLING THE GAME CLIENT SOFTWARE (THE "SOFTWARE"), YOU AGREE THAT THIS LICENSE AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN CONTRACT SIGNED BY YOU. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS LICENSE AGREEMENT, CLICK ON THE BUTTON THAT INDICATES THAT YOU DO NOT AGREE TO ACCEPT THE TERMS OF THIS LICENSE AGREEMENT, AND DO NOT COMPLETE INSTALLATION OF THE SOFTWARE.  BY ENTERING INTO THIS LICENSE AGREEMENT, YOU REPRESENT THAT YOU ARE AN ADULT AND HAVE THE LEGAL CAPACITY TO ENTER INTO A CONTRACT IN THE JURISDICTION WHERE YOU RESIDE. 

I. LIMITED USE LICENSE

Subject to the terms and conditions of this License Agreement and your agreement therewith, iGP Games hereby grants to you and you hereby accept a limited, non-exclusive, non-transferable license to internally install and execute solely as a component of the Game (i) the Software and related explanatory materials (“Documentation”); and (ii) any Software upgrades, patches, subsequent versions, and updates (collectively, “Updates”) licensed to you by iGP Games.  The Software and the Game are provided for your individual, non-commercial, entertainment purposes only.  Except as may be expressly permitted by iGP Games, you may not sell, copy, exchange, transfer, publish, assign or otherwise distribute anything you copy or derive from the Software or the Game.

II. REQUIREMENTS

In installing and using the Software and playing the Game, you acknowledge that you have read, understand and agree with the terms of this License Agreement.  You must also: (i) read, understand and agree to the iGP Games Terms of Service (the “Terms of Service”), incorporated herein by reference; (ii) register for an account in the Game (an “Account”) (as further explained in the Terms of Service); and (iii) meet the hardware and connection requirements published at igpmanager.com (the “Site”). These requirements may change as the Game evolves.  You are wholly responsible for the cost of all internet connection fees, along with all equipment, servicing, or repair costs necessary to allow you access to the Game. 

III. ADDITIONAL LICENSE LIMITATIONS

The limited license granted to you in Section I is subject to the additional limitations set forth below in this Section III.  Any use of the Software in violation of the license limitations set forth below is an unauthorised use of the Software outside of the license granted to you in Section I, and will be regarded as an infringement of the copyrights iGP Games holds in and to the Software and the Game.  You agree that you will not, under any circumstances:

A. Sell, lease, rent, loan or otherwise transfer the Software, or grant a security interest in or transfer reproductions of the Software or the Game, to a third party;

B. Copy, photocopy, reproduce, translate, reverse engineer, decompile, derive source code from, or disassemble, in whole or in part, the Software or the Game, or create derivative works based on the Game, except that you are authorised to (i) make one (1) copy of the Software and the Documentation for personal archival purposes only; and (ii) use third party image and video capture software to capture the output of the Software as audio, video and/or still image files for personal, not for profit use pursuant to the Terms of Service;

C. Modify or cause to be modified any files that are part of the Software in any way not expressly authorised by iGP Games;

D. Make use of, or cause any other person or entity to make use of, the Software or the Game for any commercial purpose, including but not limited to (i) participating in the Game in exchange for payment (e.g. “levelling” services”); or (ii) selling in-Game items outside of the Game, or selling Game Accounts, except such transactions as may be authorised by iGP Games and conducted via services provided by iGP Games; or

E. Use any unauthorised third-party programs that interact with the Software in any way, including but not limited to, “mods,” “hacks,” “cheats,” “scripts,” “bots,” “trainers,” or automation programs, or any third-party programs that intercept, emulate or redirect any communication between the Software and iGP Games, or that collect information about the Game by reading areas of memory used by the Software to store information about the Game.

IV. OWNERSHIP

All rights and title in and to the Software and the Game, and all content included therein (including, without limitation, Accounts, computer code, titles, objects, artefacts, characters, character names, locations, location names, stories, story lines, dialogue, catch phrases, artwork, graphics, structural or landscape designs, animations, sounds, musical compositions and recordings, audio-visual works, character likenesses, and methods of operation) are owned by iGP Games or its licensors.  The Software and the Game and all content therein are protected by United Kingdom and other international intellectual property laws.  iGP Games and its licensors reserve all rights in connection with the Software and the Game, including, without limitation, the exclusive right to create derivative works therefrom, and you agree that you will not create any work of authorship based on the Game except as expressly permitted by iGP Games.  You acknowledge and agree that you have no interest, monetary or otherwise, in any feature or content contained in the Game. You further acknowledge and agree that you shall have no ownership or other property interest in your Account, and you acknowledge and agree that all rights in and to the Account are and shall forever be owned by and inure to the benefit of iGP Games.  Please see the Terms of Service for a complete espousal of all of iGP Games ownership rights.

V. CODE OF CONDUCT

While using the Software and playing the Game, you agree to comply with all applicable laws, rules and regulations.  You also agree to comply with certain additional rules that govern your use of the Game (the "Code of Conduct"). The Code of Conduct is not meant to be exhaustive, and iGP Games reserves the right to modify this Code of Conduct at any time, as well as take any appropriate disciplinary measures including Account termination and deletion to protect the integrity and spirit of the Game, regardless of whether a specific behaviour is listed here as prohibited.  The following are examples of behaviour that warrant disciplinary measures:

A.  Impersonating any person, business, or entity, including an employee of iGP Games, or communicating in any way that makes it appear that the communication originates from iGP Games;

B. Posting identifying information about yourself, or any other user, in the Game;

C. Harassing, stalking, or threatening any other users in the Game;

D. Removing, altering or concealing any copyright, trademark, patent or other proprietary rights notices of iGP Games contained in the Game.  You also may not transmit content that violates or infringes the rights of others, including without limitation, patent, trademark, trade secret, copyright, publicity, or other proprietary rights;

E. Transmitting or communicating any content which, in the sole and exclusive discretion of iGP Games, is deemed offensive, including, but not limited to, language that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, or racially, ethnically, or otherwise objectionable;

F. Transmitting or facilitating the transmission of any content that contains a virus, corrupted data, trojan horse, bot keystroke logger, worm, time bomb, cancelbot or other computer programming routines that are intended to and/or actually damage, detrimentally interfere with, surreptitiously intercept or mine, scrape or expropriate any system, data or personal information;

G. Spamming chat, whether for personal or commercial purposes, by disrupting the flow of conversation with repeated postings of a similar nature;

H. Participating in any action which, in the sole and exclusive judgement of iGP Games, "exploits" an undocumented aspect of the Game in order to secure an unfair advantage over other users;

I. Participating in any action which, in the sole and exclusive judgement of iGP Games, defrauds any other user of the Game, including, but not limited to, by "scamming" or "social engineering;”

J. Accessing or attempting to access areas of the Game or Game servers that have not been made available to the public;

K. Selecting a game name or supplying manager information that is falsely indicative of an association with iGP Games, contains personally identifying information, infringes on the proprietary rights of third parties, or that is offensive, defamatory, vulgar, obscene, sexually explicit, racially, ethnically, or otherwise objectionable. You may not use a misspelling or an alternative spelling to circumvent this restriction on game name choices.  iGP Games may modify any name or manager information which, in the sole and exclusive judgement of iGP Games, violates this provision without further notification to you, and may take further disciplinary measures, including Account termination, for repeated violations.

VI. CONSENT TO MONITORING

When you are using the Software, the Software may monitor your computer's random access memory (RAM) for unauthorised third party programs prohibited by Section III.E that interact with the Software and/or the Game.  In the event that the Software detects such an unauthorised third party program, information may be communicated back to iGP Games, including the name of your Account, your internet protocol (IP) address, details about the unauthorised third party program detected, and the time and date that the unauthorised third party program was detected, along with the hardware specs and performance characteristics of your computer, with or without additional notice to you. No other information about you or your computer will be communicated to iGP Games with the Software.  If the Software detects the use of an unauthorised third party program, your access to the Game may be terminated with or without additional notice to you.

VII. UPDATES AND MODIFICATIONS

A. The Software and the Game.  iGP Games may provide Updates to the Software that must be installed for you to continue to play the Game.  Each time you launch the Software to play the Game, you hereby give your consent to iGP Games to remotely install any Updates to the Software that resides on your computer, with or without additional notification to you.

B. License Agreement.  iGP Games reserves the right, in its sole and absolute discretion, to revise, update, change, modify, add to, supplement, or delete certain terms of this License Agreement as the Game and the law evolve; provided, however, that material changes to this License Agreement will not be applied retroactively.  Such changes will be effective with or without prior notice to you.  You can review the most current version of this License Agreement by clicking on the “EULA” link located at the bottom of the Site.  You are responsible for checking this License Agreement periodically for changes.  If the Software requires an Update at the time you launch the Software to access the Game, you will also have the opportunity review and to accept or reject the current version of this License Agreement.  If any future changes to this License Agreement are unacceptable to you or cause you to no longer be in agreement or compliance with this License Agreement, you may terminate this License Agreement in accordance with Section IX and must immediately stop playing the Game and uninstall the Software.  Your continued use of the Game following any revision to this License Agreement constitutes your complete and irrevocable acceptance of any and all such changes. 

VIII. TERMINATION OF AGREEMENT

This License Agreement is effective until terminated. You may terminate this License Agreement at any time by notifying iGP Games of your intention to terminate.  iGP Games may terminate this License Agreement at any time, for any reason or no reason.  Upon termination, whether by you or iGP Games, the license granted to you in Section I shall immediately terminate, and you must immediately and permanently remove the Software from your computer’s permanent memory and destroy any and all copies of the Software that may be in your possession.

IX. TERMINATION OF GAME SERVICE

The Game is an “on-line” game that must be played over the internet through a service provided by or on behalf of iGP Games.  You acknowledge and agree that iGP Games, in its sole and absolute discretion, may stop providing support for or access to the Game at any time, for any reason or no reason. You also agree that iGP Games may change, modify, suspend, discontinue, or restrict your access to any features or parts of the Game at any time without notice or liability to you. You acknowledge that you have no interest, monetary or otherwise, in any feature of or content in the Software or the Game.

X. EXPORT CONTROLS

The Software is subject to all applicable export restrictions.  You must comply with all export and import laws and restrictions and regulations of any English or foreign agency or authority relating to the Software and its use. The Software may not be re-exported, download or otherwise exported to, or downloaded or installed by a national or resident of, any country to which the United Kingdom has embargoed goods. You represent and warrant that you are not located in, under the control of, or a national or resident of any such country.

XI. WARRANTY DISCLAIMER

THE GAME (INCLUDING WITHOUT LIMITATION THE SOFTWARE AND THE DOCUMENTATION) IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED.  TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, iGP Games DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WHICH MIGHT APPLY TO THE GAME OR THE SOFTWARE, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, AND ANY WARRANTIES AS TO THE ACCURACY, RELIABILITY OR QUALITY OF ANY CONTENT OR INFORMATION CONTAINED WITHIN THE GAME AND/OR THE SOFTWARE.  iGP Games DOES NOT WARRANT THAT THE GAME AND/OR THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SOFTWARE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  YOU ASSUME ALL RESPONSIBILITY FOR SELECTING THE GAME AND/OR THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE GAME AND THE SOFTWARE. 

Because some states or jurisdictions do not allow the disclaimer of implied warranties, the forgoing disclaimer may, in whole or in part, not apply to you. 

XII. INDEMNIFICATION

YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS iGP Games FROM AND AGAINST ANY AND ALL CLAIMS, LAWSUITS, DAMAGES, LOSSES, LIABILITIES AND COSTS (INCLUDING ATTORNEYS’ FEES) THAT DIRECTLY OR INDIRECTLY ARISE OR RESULT FROM YOUR USE OR MISUSE OF THE GAME AND/OR THE SOFTWARE, OR ANY VIOLATION BY YOU OF ANY OF THE PROVISIONS OF THIS LICENSE AGREEMENT.  iGP Games reserves the right, at its own expense and in its sole and absolute discretion, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with iGP Games in asserting any available defences.

XIII. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL THEORY, WHETHER IN CONTRACT, DELICT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, SHALL iGP Games BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA, LOSS OF GOOD WILL, OR LOST PROFITS), OR ANY DAMAGES FOR GROSS NEGLIGENCE OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES) ARISING FROM YOUR USE OR MISUSE OF THE SOFTWARE AND/OR THE GAME, EVEN IF iGP Games KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.  FURTHER, iGP Games SHALL NOT BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE TO PLAYER CHARACTERS, VIRTUAL GOODS OR VIRTUAL CURRENCY, ACCOUNTS, STATISTICS, OR USER STANDINGS, RANKS, OR PROFILE INFORMATION STORED BY THE GAME. iGP Games SHALL NOT BE RESPONSIBLE FOR ANY INTERRUPTIONS OF SERVICE, INCLUDING WITHOUT LIMITATION ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES, OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE.  IN NO EVENT SHALL iGP Games BE LIABLE FOR ANY DAMAGES IN EXCESS OF ANY AMOUNT YOU HAVE PAID TO iGP Games FOR GAME-RELATED TRANSACTIONS, IF ANY, DURING THE SIX (6) MONTHS IMMEDIATELY PRIOR TO THE TIME YOUR CAUSE OF ACTION AROSE.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of iGP Games shall be limited to the fullest extent permitted by applicable law.

XIV. EQUITABLE REMEDIES

You hereby acknowledge and agree that iGP Games would suffer irreparable harm if this License Agreement were not specifically enforced.  Consequently, in addition to such monetary and other relief as may be recoverable at law, you agree that iGP Games shall be entitled to specific performance or other remedy, without security, or proof of damages, as remedy for any breach or threatened breach of this License Agreement.  Additionally, in the event any legal or administrative action or proceeding is brought by either party in connection with this License Agreement and consistent with Section XVI below, the prevailing party in such action or proceeding shall be entitled to recover from the other party all the costs, legal fees and other expenses incurred by such prevailing party as the result of the action or proceeding.

XV. NEGOTIATIONS AND COURT PROCEEDINGS

A. Negotiations.  Disputes can be expensive and time consuming for both parties. In an effort to accelerate resolution and reduce the cost of any dispute or claim related to this License Agreement (“Claim”), you and iGP Games agree to first attempt to informally negotiate any Claim for at least thirty (30) days (except those Claims expressly excluded in Section XVI.B below) before initiating any court proceeding or other administrative action.  Negotiations will begin upon written notice from one party to the other.  iGP Games will send its notice to the email address associated with your Account.  You will send your notice to iGP Games, Third Floor, 207 Regent Street, London, W1B 3HH.  Please note that this informal resolution procedure does not suspend any statutory limitation periods applicable to the bringing of a Claim.

B. Exceptions to Negotiations. You and iGP Games agree that the provisions above regarding negotiations will not apply to the following Claims: (i) any Claims relating to the enforcement, protection of, or concerning the validity of any of your or iGP Games intellectual property rights; (ii) any Claims related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorised use; and (iii) any claim for injunctive relief.  You further agree not to bring Claims on a representative or class member basis, or as a private attorney general.

C. Governing Law.  This Agreement shall be governed by, and will be construed under, the laws of England. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Other laws may apply if you choose to access the Game from outside of the England.  In such an event, those local laws shall affect this Agreement only to the extent necessary in that jurisdiction, and this Agreement shall be interpreted to give maximum effect to the terms and conditions in this Agreement.  You are responsible for compliance with all local laws if and to the extent local laws are applicable. The New Zealand Consumer Guarantees Act of 1993 (the “Act”) may apply to the Game if you access the Game from, and are a resident of, New Zealand.  Notwithstanding anything to the contrary in this Agreement, if the Act applies then you may have other rights or remedies as set out in the Act which may apply in addition to or instead of those set out in this Agreement. You and iGP Games expressly understand and agree that any Claim arising under this Agreement will be brought exclusively in the courts of England and you hereby consent to their exclusive jurisdiction.

XVI. MISCELLANEOUS

This License Agreement represents the complete agreement between you and iGP Games with respect to the subject matter hereof, and supersedes any prior or contemporaneous agreements between you and iGP Games; provided however that this License Agreement shall coexist with, and shall not supersede, the Terms of Service or the Privacy Policy.  To the extent that the provisions of this License Agreement conflict with the Terms of Service, the conflicting provisions in the Terms of Service shall govern.  The Game is operated by iGP Games in England. Those who choose to access the Game from locations outside England do so on their own initiative and are responsible for compliance with applicable local laws.  iGP Games failure to enforce any provision of this License Agreement shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by iGP Games of any provision, condition or requirement of this License Agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement. If any provision of this License Agreement is held to be invalid or unenforceable for any reason, such provision shall be reformed to the extent necessary to make it enforceable to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this License Agreement shall continue in full force and effect.  If, however, it is determined that such provision cannot be reformed, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.  The provisions of Sections IV, and X through XVI shall survive any termination of this License Agreement.  If you have any questions concerning these terms and conditions, or if you would like to contact iGP Games for any other reason, please contact iGP Games support.

YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE FOREGOING END USER LICENSE AGREEMENT AND AGREE THAT BY CLICKING “ACCEPT” AND/OR INSTALLING THE SOFTWARE AND PLAYING THE GAME, YOU ARE AKNOWLEDGING YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT.