End-User License Agreement
Updated: 17 November 2020
This license is a legal agreement between you (the “User”) and us (“EdenNetwork Italia”).
In order to set some rules for using our product (the “Service”) you (the “User”) must agree to this legal agreement in its entire form.
EdenNetwork (the “Service”) is a free service developed and operated by a group of volunteers. In this agreement, “EdenNetwork Italia” means the group of people that runs the Service. EdenNetwork is not affiliated to any trademarks, brands or any other corporation or group; “you” and “your” mean the user of the computer on which the Service will be or has been installed.
By downloading, using, installing or otherwise holding a copy of our software (“The software”) you (“the user”) agree to this license, in its entire form. YOU (“the user”) AGREE THAT THIS LICENSE AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN CONTRACT SIGNED BY YOU (“the user”). BY ENTERING INTO THIS LICENSE AGREEMENT, YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OF AGE (EVEN IF YOU’RE ENTERING INTO THIS AGREEMENT ON BEHALF OF AN AUTHORIZED USER WHO IS UNDER 18 YEARS OF AGE) AND HAVE THE LEGAL CAPACITY TO ENTER INTO A CONTRACT IN THE JURISDICTION WHERE YOU RESIDE.
THE TERMS OF THIS AGREEMENT MAY BE AMENDED, SUPPLEMENTED OR MODIFIED AT ANY TIME BY EDENNETWORK IN ITS DISCRETION, WHEN EDENNETWORK UPDATES OR UPGRADES THE SOFTWARE PRODUCT EFFECTIVE UPON PRIOR NOTICE AS FOLLOWS: EdenNetwork will post the revised version of this Agreement here: eden.network (the “Website”), and may provide such other notice as EdenNetwork may elect in its sole discretion. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you may terminate this Agreement in accordance with Section 7 below. Your installation and use of any of EdenNetwork’s updates, upgrades or modifications to the Software or your continued use of the Software following notice of changes to this Agreement, shall conclusively demonstrate your acceptance of such changes. EdenNetwork may change, modify, suspend, or discontinue any aspect of the Software at any time. EdenNetwork may also impose limits on certain features or restrict your access to parts or all of the Software Product without notice or liability. You have no interest, monetary or otherwise, in any feature or content contained in the Software.
1. LIMITED USE LICENSE
If you agree to this License Agreement, you may install the Software onto your computer for purposes of using the Service by registering for and accessing a User Account (“Service”). Subject to your agreement to and continuing compliance with this License Agreement, EdenNetwork hereby grants, and you hereby accept, a limited, non-exclusive license to (a) install the Software on one or more computers owned by you or under your legitimate control, and (b) use the Software in conjunction with the Service for your non-commercial entertainment purposes only. All use of the Software is subject to this License Agreement which you must accept before you can use your User Account (hereinafter referred to as “Account”) to use the Service.
2. LICENSE RESTRICTIONS AND LIMITATIONS
The limited, personal use license granted to you in Section 1 is subject to the following restrictions and limitations as well as all other terms and conditions of this Agreement (collectively, the “License Limitations”). You agree that you will not, under any circumstances: a. sell, sublicense, assign, rent, lease, sell or otherwise transfer the Software, except as expressly permitted by this Agreement; b. reverse engineer, decompile, disassemble or otherwise derive source code or service data from the Software or reduce the Software to a human-readable form, except to the extent that such actions are expressly permitted by applicable law; c. copy, photocopy or reproduce the Software, in whole or in part; provided, however, that you may make one (1) copy of the Service Software and the Service manual for archival purposes only; d. modify, translate or create derivative works based on or utilizing the Software, Service or Software experience, or any portion thereof; e. remove or tamper with any copyright or other proprietary notices contained in or relating to the Software, Service or Service experience, or any portion thereof; f. use cheats, automation software (bots), hacks, mods or any other unauthorized third-party software, tools or content designed to modify the Software, the Service or the Service experience; g. exploit the Software, the Service, the Service experience or any portion thereof for any commercial purpose, including without limitation, (i) use at a cyber cafe, computer gaming center or any other location-based site without the express written consent of EdenNetwork; (ii) for gathering in-game currency, items or resources for sale outside the Software; or (iii) performing in-game services in exchange for payment outside the Software (e.g., power-leveling and similar activities); h. use any unauthorized third-party software that intercepts, “mines”, or otherwise collects information from, within or through the Software or Service, including without limitation, any software that reads areas of RAM used by the Software to store information about a character, in-game items or the Software environment; provided, however, that EdenNetwork may, in its sole discretion, allow the use of specified third party user interfaces; i. modify, or allow or cause to be modified, any files that are a part of the Software in any way not expressly authorized by EdenNetwork in writing in each instance; j. host, provide or develop matchmaking services for the Software or Service or intercept, emulate or redirect the communication protocols used by EdenNetwork in any way, for any purpose, including without limitation, unauthorized use over the Internet, network use, or as part of content aggregation networks; k. facilitate, create or maintain any unauthorized connection to the Software or Service, including without limitation, (i) any connection to any unauthorized server that emulates, or attempts to emulate, the Service; or (ii) any connection using programs or tools not expressly approved by EdenNetwork in writing in each instance; l. create any other software or content that incorporates the Software or Service or any portion thereof; or m. sell, grant a security interest in or transfer reproductions of the Software to other parties in any way not expressly authorized herein, or rent, lease or license the Software to others.
3. COPYRIGHTS, TRADEMARKS AND PROPRIETARY RIGHTS
a. EdenNetwork and certain related names and logos are registered or unregistered trademarks, service marks and/or trade names of EdenNetwork. These and all other trademarks, service marks and trade names used in or in connection with the Software (the “Marks”) are proprietary rights owned by EdenNetwork or its licensors. b. All rights and title in and to the Software, the Service, the Site, your Account and all content included therein (including, without limitation, Accounts, computer code, titles, objects, artifacts, characters, character names, locations, location names, stories, storylines, 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 EdenNetwork or its licensors. The Software may contain materials licensed by third parties, and the licensors of those materials may enforce their rights in the event of any violation of this Agreement. The Software and all content therein are protected by Italian and other international intellectual property laws. EdenNetwork and its licensors reserve all rights in connection with the Software, including, without limitation, the exclusive right to create derivative works there from, and you agree that you will not create any work of authorship based on the Service except as expressly permitted by EdenNetwork. You acknowledge and agree that you have no interest, monetary or otherwise, in any feature or content contained in the Service. 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 EdenNetwork.
4. CONSENT TO MONITOR
When running the Software, EdenNetwork may monitor your use of the Software and collect data regarding your use of the software in accordance with EdenNetwork’s Privacy Policy found at the website eden.network. In addition, the software may monitor your computer’s Random Access Memory (RAM) for unauthorized third-party programs running concurrently with the Software. An “Unauthorized Third-Party Program” as used herein shall be defined as any third-party software prohibited by Section 2. In the event that the Software detects an Unauthorized Third-Party Program, the Software may communicate information back to EdenNetwork, including without limitation, your Account name, details about the Unauthorized Third-Party Program detected and the time and date; and EdenNetwork may exercise any or all of its rights under this agreement, with or without prior notice to you, including without limitation, termination of this agreement and your right to continue use of the Software.
5. PATCHES AND UPDATES
EdenNetwork may deploy or provide patches, updates and modifications to the Service client that must be installed for you to continue to use the Service. EdenNetwork may update the Service client remotely including without limitation the Service client and the Software residing on the your machine, without your knowledge, and you hereby grant to EdenNetwork your consent to deploy and apply such patches, updates and modifications.
6. DURATION OF ONLINE SERVICES
The Software is an online service that must be used over the Internet through the Service as provided by EdenNetwork. You understand and agree that the Service is provided by EdenNetwork at its discretion and may be terminated or otherwise discontinued by EdenNetwork at any time for any reason or no reason.
7. TERMINATION
This License Agreement is effective until terminated. You may terminate the License Agreement at any time by (i) permanently destroying all copies of the Service client in your possession or control; (ii) removing the Software from your hard drive or data storing hardware device. EdenNetwork may terminate this Agreement at any time for any reason or no reason. Upon termination for any reason or no reason, all licenses granted herein shall immediately terminate and you must immediately and permanently destroy all copies of the Service client in your possession and control and remove the Software from your hard drive or data storing hardware device.
8. WARRANTY DISCLAIMER
TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE AND ALL INFORMATION, CONTENT AND SERVICES CONTAINED THEREON ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. EDENNETWORK EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. USE OF THE SERVICE IS AT YOUR SOLE RISK. NEITHER EDENNETWORK, EDENNETWORK'S THIRD-PARTY PROVIDERS, NOR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY CONTENT OR SERVICES CONTAINED IN THE SERVICE, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, MAKE ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE OR AS TO THE ACCURACY, RELIABILITY, QUALITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED ON OR THROUGH THE SERVICE, INCLUDING, WITHOUT LIMITATION, ALL EDENNETWORK’S COMMUNICATION FEATURES.
9. LIMITATION OF LIABILITY
EDENNETWORK SHALL NOT BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING OUT OF THE SERVICE OR ANY USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES. FURTHER, EDENNETWORK SHALL NOT BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE TO VIRTUAL GOODS OR CURRENCY, ACCOUNTS, STATISTICS OR USER RANKS, OR PROFILE INFORMATION STORED BY THE SERVICE CLIENT AND/OR THE SERVICE. EDENNETWORK 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 WILL EDENNETWORK BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES. 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 EdenNetwork shall be limited to the fullest extent permitted by applicable law.
10. EQUITABLE REMEDIES
You hereby agree that EdenNetwork would be irreparably damaged if the terms of this Agreement were not specifically enforced, and therefore you agree that EdenNetwork shall be entitled, without bond or other security or proof of damages, to appropriate equitable remedies in any court of competent jurisdiction with respect to any breach of this Agreement, which equitable remedies shall be in addition to such other remedies as EdenNetwork may otherwise have available under applicable law. In the event any litigation is brought by either party in connection with this Agreement, the prevailing party in such litigation shall be entitled to recover from the other party all the costs, attorneys’ fees and other expenses incurred by such prevailing party in the litigation.
11. GOVERNING LAW; DISPUTE RESOLUTION
a. Negotiations - To expedite resolution and control the cost of any dispute, controversy or claim related to this License Agreement (“Dispute”), you and EdenNetwork agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least 30 days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other. EdenNetwork will send its notice by email to you at the email address you have provided to create your EdenNetwork account. You will send your notice to EdenNetwork by submitting an email at support@eden.network. b. Binding Arbitration - If you and EdenNetwork are unable to resolve a Dispute through informal negotiations, either you or EdenNetwork may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the jurisdiction of Italian courts. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this License Agreement, you and EdenNetwork may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. c. Restrictions - You and EdenNetwork agree that any arbitration shall be limited to the Dispute between EdenNetwork and you individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. d. Exceptions to Negotiations and Arbitration - You and EdenNetwork agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or EdenNetwork’s intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (3) any claim for injunctive relief.
12. MISCELLANEOUS
This License Agreement represents the complete agreement between you and EdenNetwork with respect to the subject matter hereof, and supersedes any prior or contemporaneous agreements between you and EdenNetwork; provided however, that this License Agreement shall coexist with, and shall not supersede, the Terms of Use or the Privacy Policy. To the extent that the provisions of this License Agreement conflict with the Terms of Use, the conflicting provisions in the Terms of Use shall govern. The Service is operated by EdenNetwork in Italy. Those who choose to access the Service from locations outside Italy do so on their own initiative and are responsible for compliance with applicable local laws. EdenNetwork’s 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 EdenNetwork 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 2, 3, 4 and 8 through 12 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 EdenNetwork for any other reason, please contact EdenNetwork through mail at support@eden.network YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE FOREGOING END USER LICENSE AGREEMENT AND AGREE THAT BY CLICKING “I AGREE” AND/OR INSTALLING THE SOFTWARE AND USING THE SERVICE, YOU ARE ACKNOWLEDGING YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT.
13. REQUIREMENTS
The user declares under this agreement to possess the physical, mental and any other medical related requirement needed to use the software and to agree to this contract. This includes, but is not limited to, any software licenses or any other accounts needed to use the Service. EdenNetwork Italia declines every responsibility if any of these requirements are not met by the User that download, use or install the software. The User also agrees to any software license and requirements needed by third party components used in the Service. The licenses required to use the Service are the possession of a legally owned copy of “Minecraft: Java Edition” (owned by Mojang Synergies AB) and the acceptance of the relative legal terms for its use.