AGB

General

• By downloading, opening or otherwise using software developed by Dorneger Electronic Systems e.U. or software marketed under the name “JDDev0” or any other connected services or products (Open source software which are explicitly licensed otherwise: [e.g. MIT license] are not regulated by these Terms of Services) (hereafter referred to as “software” or “products”) you agree to be bound by these Terms of Services. These constitute an agreement with Dorneger Electronic Systems e.U. (Firmenbuchnummer [company register number]: FN 592217h, Firmenbuchgericht [company register court]: Regional court for civil cases Graz, Firmensitz [Company seat]: Lebring-Sankt Margarethen, located at Parkring 6, 8403 Lebring-St.Margarethen, Austria) (hereafter referred to as “DES” or “developer”).

License

• DES products are licensed, not sold. No title or ownership of that software is being transferred or assigned. These Terms of Services shall not be interpreted as a sale of any rights of those products. DES retains all right, title, and interest to those products, but not limited to, all copyrights, trademarks, trade secrets, trade name, proprietary rights, source code and its parts, art assets or normal rights.

• Subject to the provisions of these Terms of Services, you are granted a non-exclusive, non-transferable, limited, and revocable right and license to use the purchased or downloaded copy of DES software for your personal, non-commercial use. Your license rights are subject to your compliance with these Terms of Services.

• The term of your license under these Terms of Services shall commence on the date that you install or otherwise use DES software or any other connected services or products and ends on the date you uninstall or otherwise dispose of DES products.

Nature of DES products

• DES products might be updated and improved at any time.

• You download, install, or use DES products at your own risk. DES is not liable for any damage that might be caused to you by downloading, installing, and using our software.

• There is always the possibility of DES products being discontinued at any time.

• Some DES products with online functionality will require an account to access.

• Back-end functionality of DES products might not be always available. There might be offline functionality which can be used alternatively.

• Some DES products are supporting the use of back-end infrastructure of 3rd parties, those services might be subject to an additional 3rd party Terms of Services, these services could contain inappropriate content, and must be used at your own risk.

Payments, paid content

• You get access to some DES products by installing it free of charge, buying the software once, or renting the software for a certain amount of time (Payment type and or access times for rented software will be shown in those products).

• DES products (even free of charge products) can contain in-app purchases which unlock additional content, which unlock cosmetic content, or which boost your progress.

• Content and prices of DES products are subject to change in the future. We reserve the right to change the prices and modify any content when we fell it is beneficial for the future development of that software or other DES products.

Ads and product placements

• DES products (mostly free of charge products) might contain ads or product placements which are clearly marked as such.

• Those ads and product placements help us to improve your experience with DES products.

• Some DES products offer ways to remove ads (e.g. renting or buying a premium membership for particular products).

• Ads may not be disabled otherwise except the product has no intended way to disable ads and the product is promoted to a large audience.

• If you disable ads anyway you might harm the improvement of the software you are using.

Purchase and refunds

• Refunds depend on the platforms used to distribute DES products (This might differ for particular products).

Online stores and distribution services

• If a DES product is provided through an authorized external online store or other authorized distribution service, these Terms of Services and such provision of the software is subject to the additional terms and conditions adopted by particular online store or distribution service. All such applicable terms and conditions are part of these Terms of Services by this referenced and in case of collision with these Terms of Services such applicable terms and conditions shall prevail.

Intellectual property rights and sharing

• You may use DES products for your own personal use.

• All the content in those products are owned by DES. This also includes the user provided content that becomes part of game (e.g. translations).

• If you distribute or otherwise publish your derivative work or modifications of the source code or/and art assets, you automatically grant to DES the irrevocable, perpetual, royalty free, sublicensable right and license under all applicable copyrights and intellectual property rights laws to use, reproduce, modify, adapt, perform, display, distribute and otherwise exploit and/or dispose of the modifications and/or derivative works (or any part of them) in any way DES considers appropriate. You also waive and agree never to assert against DES or its affiliates, distributors or licensors any moral rights or similar rights, that you may have in respect of such modifications and/or derivative works.

• DES products are not free software, copy-left or public domain software. The source code and all art assets are copyrighted and licensed by DES and any use of them is subject to the rules stated in these Terms of Services or, if applicable, an express consent of DES.

• You are not allowed to copy, transfer, or distribute DES products, there hacked or otherwise altered versions, any of there parts or any of the paid content.

• Distribution of the original art assets such as models, fonts or textures is not permitted, unless it is necessary to create your own mods in accordance with the previous paragraphs.

• Any commercial use of DES product source code, art assets, or other affiliated assets is subject to express consent of DES. This does not affect the social media policy set out below.

• For DES products with the possibility to use 3rd party back-end services, you can run and operate a commercial service providing servers to users. However we reserve the right to request the cessation of the service should an issue with the service provider arise.

Use of service

• If you wish to cancel your account for a DES product requiring it please send us an email to office [at] dorneger.at.

• We reserve the right to restrict or suspend accounts of users that will clearly violate the Terms of Services or our Privacy Policy. In such a case we will first try to resolve the situation by communicating with the user. Suspending the account is the last resort.

Social media policy

• If you are a valid user of the game, you may use our content for the purpose of creating social media content (such as tutorials, reviews, etc.), uploading them on social media platforms (such as YouTube) and monetize those.

• You are not allowed to extract assets from our content and distribute those separately (e.g. sound effects, graphics, music).

• We reserve the right to revoke this permission if the social media content is being used in a way we see as inappropriate, and reserve the right to takedown such content.

Other

• Do not do anything that could harm the development of DES products or there distribution.

• The materials appearing in those products or on the official DES website may include technical or typographical errors. We don't warrant that any of the materials are complete, accurate, or up to date.

• Any kind of abusive or clearly inappropriate behavior with regard to services with user generated content we run is a violation of these Terms of Services.

• Any legal disputes arising in connection with application of these Terms of Services shall be resolved in accordance with the law of Austria and will be resolved by the competent courts of Austria.

• Each provision of these Terms of Services operates separately. In the case that any provision of these Terms of Services has been invalid or unenforceable for any reason, this fact does not cause invalidity or ineffectiveness of other parts of the Terms of Services.

• We reserve the right to update these terms at any point in time with immediate effect. Last update was on March 13^th, 2023.