End-User License Agreement

Updated at 2022-08-08

This End User Licence Agreement (or “EULA”) governs the relationship between you and Frag Lab, LLC, 02000 Brovarskyi ave 2B, Kyiv, Ukraine, in relation to our game Shatterline, and related updates, upgrades and features.

You must also accept and comply with all rules of external platforms applicable to specific Game, including but not limited to, Steam, Xbox® games and other Xbox® services rules, PlayStation™Network licences and other Sony Interactive Entertainment Inc. rules.


Definitions and key terms

To help explain things as clearly as possible in this Eula, every time any of these terms are referenced, they are strictly defined as:

  • Content is the software, technology, text, forum posts, chat posts, profiles, widgets, messages, links, emails, music, sound, graphics, pictures, video, code, and all audio visual or other material appearing on or coming from Shatterline, as well as the design and appearance of our website. Content also includes user-generated Content (“UGC”). UGC includes forum posts, profile content and other Content contributed by users to Shatterline.
  • Entitlements are rights that Frag Lab, LLC licenses to you to access or use the online or off-line elements of Shatterline. Examples of Entitlements include access to digital or unlockable Content; additional or enhanced functionality (including multiplayer services); subscriptions; virtual assets; unlock keys or codes, serial codes or online authentication; in-game accomplishments; and virtual points, coins, or currencies.
  • Company: when this policy mentions “Company,” “we,” “us,” or “our,” it refers to Frag Lab, LLC, 02000 Brovarskyi ave 2B, Kyiv, Ukraine that is responsible for your information under this Eula.
  • Country: where Shatterline or the owners/founders of Frag Lab, LLC are based, in this case in Ukraine.
  • Service: refers to the service provided by Frag Lab, LLC as described in the relative terms (if available) and on this platform.
  • Third-party service: refers to advertisers, contest sponsors, promotional and marketing partners, and others who provide our content or whose products or services we think may interest you.
  • You: a person or entity that is registered with Shatterline to use the Services.

Introduction

This End User License Agreement (the “Agreement”) is a binding agreement between you (“End User”,“you” or “your”) and Frag Lab, LLC (“Company”, “we”, “us” or “our”). This Agreement governs the relationship between you and us, and your use of the Company Shatterline. Throughout this Agreement, End User and Company may each be referred to as a “Party” or collectively, the “Parties”.

If you are using the app on behalf of your employer or other entity (an “Organisation”) for whose benefit you utilise the app or who owns or otherwise controls the means through which you utilise or access the app, then the terms “End User”, “you”, and “your” shall apply collectively to you as an individual and to the Organisation.

By downloading, installing, accessing, or using the app you: (a) affirm that you have all of the necessary permissions and authorisations to access and use the app; (b) if you are using the app pursuant to a license purchased by an organisation, that you are authorised by that organisation to access and use the app(c) acknowledge that you have read and that you understand this agreement; (d) represent that you are of sound mind and of legal age (18 years of age or older) to enter into a binding agreement (If you are under 18 years of age, please ask your parent or guardian to review and approve this EULA on your behalf); and (e) accept and agree to be legally bound by the terms and conditions of this agreement.

If you do not agree to these terms, do not download, install, access, or use the software. If you have already downloaded the software, delete it from your computing device.

The Application is licensed, not sold, to you by Shatterline for use strictly in accordance with the terms of this Agreement.


License

Shatterline is licensed to you, not sold. Frag Lab, LLC grants you a personal, limited, non-transferable (i.e., not for sharing), revocable and non-exclusive license to use the Shatterline game, to which you have access for your non-commercial use, subject to your compliance with this Agreement.

Subject to the terms of this Agreement and, if applicable, those terms provided in the License Agreement, Shatterline grants you a personal, limited, non-exclusive, revocable, and non-transferable license to:

(a) download, install and use the Software on one (1) Computing Device per single user license that you have purchased and been granted. If you have multiple Computer Devices in which you wish to use the Software, you agree to acquire a license for the number of devices you intend to use;

(b) access, view, and use on such Computing Device the End User Provided Materials made available in or otherwise accessible through the Software, strictly in accordance with this Agreement, and any other terms and conditions applicable to such End User Provided Materials;


Restrictions

You agree not to, and you will not permit others to:

  • Access, copy, modify any Frag Lab LLC Service, Content or Entitlements, unless expressly authorized by Frag Lab, LLC or permitted by law.
  • Reverse engineer or attempt to extract or otherwise use source code or other data from Shatterline, unless expressly authorized by Frag Lab, LLC or permitted by law..
  • License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Application or make the Application available to any third party.
  • Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Shatterline or its affiliates, partners, suppliers or the licensors of the Application.

Frag Lab, LLC own and reserve all other rights, including all right, title and interest in the EA Services and associated intellectual property rights


Intellectual Property

All intellectual property rights, including copyrights, patents, patent disclosures and inventions (whether patentable or not), trademarks service marks, trade secrets, know-how and other confidential information, trade dress, trade names, logos, corporate names and domain names, together with all of the good will associated there with, derivative works and all other rights (collectively, “Intellectual Property Rights”) that are part of the Software that are otherwise owned by Shatterline shall always remain the exclusive property of Frag Lab, LLC (or of its suppliers or licensors, if and when applicable). Nothing in this Agreement grants you (or any Organisation) a license to Shatterline Intellectual Property Rights.

You agree that this Agreement conveys a limited license to use Shatterline Intellectual Property Rights, solely as part of Shatterline (and not independently of it), and only for the effective Term of the license granted to you hereunder. Accordingly, your use of any of Shatterline Intellectual Property Rights independently of the Software or outside the scope of this Agreement shall be considered an infringement of Shatterline Intellectual Property Rights. This shall not limit, however, any claim Frag Lab, LLC may have for a breach of contract in the event you breach a term or condition of this Agreement. You shall use the highest standard of care to safeguard Shatterline (including all copies thereof) from infringement, misappropriation, theft, misuse or unauthorised access. Except as expressly granted in this Agreement, Frag Lab, LLC reserves and shall retain all rights, title, and interest in Shatterline, including all copyrights and copyrightable subject matter, trademarks and trademark able subject matter, patents and patentable subject matter, trade secrets, and other intellectual property rights, registered, unregistered, granted, applied-for, or both now in existence or that may be created, relating to the thereto.

You shall retain ownership of all Intellectual Property Rights in and to the work products that you create through or with the assistance of Shatterline.


Your Suggestions

Any feedback, comments, ideas, improvements or suggestions (collectively, “Suggestions”) provided by you to Shatterline with respect to the Application shall remain the sole and exclusive property of Frag Lab, LLC.

Frag Lab, LLC shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to you.


Modifications to Application

Shatterline reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to you.


Updates to Application

Shatterline may from time to time provide enhancements or improvements to the features/ functionality of the Application, which may include patches, bug fixes, updates, upgrades and other modifications (“Updates”).

Updates may modify or delete certain features and/or functionalities of the Application. You agree that Shatterline has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Application to you.

You further agree that all Updates will be (i) deemed to constitute an integral part of the Application, and (ii) subject to the terms and conditions of this Agreement.


Term and Termination

This Agreement shall remain in effect until terminated by you or Frag Lab, LLC.

Frag Lab, LLC may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.

This Agreement will terminate immediately, without prior notice from Frag Lab, LLC, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies thereof from your computer or console.

Upon termination of this Agreement, you shall cease all use of the Application and delete all copies of the Application from your computer or console.

Termination of this Agreement will not limit any of Frag Lab, LLC rights or remedies at law or in equity in case of breach by you (during the term of this Agreement) of any of your obligations under the present Agreement.


Indemnification

You agree to indemnify, defend and hold harmless Frag Lab, LLC and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, arising from or relating to: i) your use or misuse of the Software; ii) your failure to comply with any applicable law, regulation, or government directive; iii) your breach of this Agreement; or iv) your agreement or relationship with an Organisation (if applicable) or any third party. Furthermore, you agree that Shatterline assumes no responsibility for the information or content you submit or make available through this Software or the content that is made available to you by third parties.


Availability of Shatterline Services and Updates

The Application is provided to you “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind.

We do not guarantee that any Shatterline Content or Entitlement will be available at all times, in all locations, or at any given time or that we will continue to offer a particular Shatterline Content or Entitlements for any particular length of time. Frag Lab, LLC does not guarantee that Shatterline can be accessed on all devices, by means of a specific Internet or connection provider, or in all geographic locations.

Without limiting the foregoing, neither Shatterline nor any Shatterline provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Application, or the information, content, and materials or products included thereon; (ii) that the Application will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Application; or (iv) that the Application, its servers, the content, or e-mails sent from or on behalf of Shatterline are free of viruses, scripts, trojan horses, worms, malware, time bombs or other harmful components.

To the maximum extent permitted under applicable law, Shatterline, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Application, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, Shatterline provides no warranty or undertaking, and makes no representation of any kind that the Application will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.


Rules of Conduct

When you access or use Shatterline, you agree that you will not:

  • Violate any law, rule or regulation.
  • Interfere with or disrupt Shatterline or any server or network used to support or provide Shatterline, including any hacking or cracking into Shatterline.
  • Use any software or program that damages, interferes with or disrupts Shatterline or another’s computer or property, such as denial of service attacks, spamming, hacking, or uploading computer viruses, worms, Trojan horses, cancelbots, spyware, corrupted files and time bombs.
  • Interfere with or disrupt another player’s use of Shatterline. This includes disrupting the normal flow of game play, chat or dialogue within Shatterline by, for example, using vulgar or harassing language, being abusive, excessive shouting (all caps), spamming, flooding or hitting the return key repeatedly.
  • Harass, threaten, bully, embarrass, spam or do anything else to another player that is unwanted, such as repeatedly sending unwanted messages or making personal attacks or statements about race, sexual orientation, religion, heritage, etc. Hate speech is not tolerated.
  • Contribute UGC or organize or participate in any activity, group or guild that is inappropriate, abusive, harassing, profane, threatening, hateful, offensive, vulgar, obscene, sexually explicit, defamatory, infringing, invades another’s privacy, or is otherwise reasonably objectionable.
  • Publish, post, upload or distribute UGC or content that is illegal or that you don’t have permission to freely distribute.
  • Publish, post, upload or distribute any content, such as a topic, name, screen name, avatar, persona, or other material or information, that Frag Lab, LLC (acting reasonably and objectively) determines is inappropriate, abusive, hateful, harassing, profane, defamatory, threatening, obscene, sexually explicit, infringing, privacy-invasive, vulgar, offensive, indecent or unlawful.
  • Post a message for any purpose other than personal communication. Prohibited messages include advertising, spam, chain letters, pyramid schemes and other types of solicitation or commercial activities.
  • Impersonate another person or falsely imply that you are a Frag Lab, LLC employee or representative.
  • Improperly use in-game support or complaint buttons or make false reports to Frag Lab, LLC staff.
  • Attempt to obtain, or phish for, a password, account information, or other private information from anyone else on Shatterline.
  • Make use of any payment methods or refund systems to access, purchase or refund Shatterline Content or Entitlements for fraudulent purposes, or without permission of the authorized owner, or otherwise concerning a criminal offence or other unlawful activity.
  • Use any robot, spider or other automated device or process to access Shatterline for any purpose such as scraping data, abuse Shatterline, account creation, or copying material.
  • Modify any file or any other part of Shatterline that Frag Lab, LLC does not specifically authorize you to modify.
  • Use or distribute unauthorized software programs or tools (such as “auto”, “macro”, hack or cheat software), or use exploits, bugs or problems in Shatterline to gain unfair advantage.
  • Engage or assist in cheating or other anticompetitive behavior (such as boosting, collusion, and match or matchmaking manipulation).
  • Use or distribute counterfeit software or Shatterline Content, including Shatterline Virtual Currency.
  • Attempt to use Shatterline on or through any service that is not controlled or authorized by Frag Lab, LLC, or otherwise intentionally obfuscate your network connection or location or other metadata to gain access to Shatterline, make purchases, or otherwise access Shatterline.
  • Sell, buy, share, trade or otherwise transfer or offer to transfer your Shatterline Account, any personal access to Shatterline, or any Shatterline Content associated with your Shatterline Account, including Shatterline Virtual Currency and other Entitlements, either within Shatterlinee or on a third-party website, or in connection with any out-of-game transaction, unless expressly authorized by Frag Lab, LLC.
  • Use Shatterline in a country in which Frag Lab, LLC is prohibited from offering such services under applicable export control laws.
  • If Shatterline requires you to create a “username” or a “persona” to represent yourself in-game and online, you should not use your real name and may not use a username or persona that is used by someone else or that Frag Lab, LLC determines is vulgar or offensive or violates someone else’s rights.
  • Engage in any other activity that significantly disturbs the peaceful, fair and respectful gaming environment of Shatterline.
  • Use information about users publicly available in Shatterline (e.g. on a leaderboard) for any purpose unrelated to Shatterline, including to attempt to identify such users in the real world.
  • Promote, encourage or take part in any prohibited activity described above.

If you or someone using your Shatterline account violates these rules and fails to remedy this violation after a warning, Frag Lab, LLC may take action against you, including revoking access to certain or all Shatterline Content or Entitlements, or terminating your Shatterline Account. In case of severe violations, Frag Lab, LLC may take these actions without issuing a prior warning. Some examples of severe violations include, but are not limited to: promoting, encouraging or engaging in hacking, selling Shatterline accounts or entitlements (including virtual currencies and items) without Frag Lab, LLC permission, extreme harassment, or threatening illegal activities. When practical, Frag Lab, LLC will notify you of the action it will take in response to violations of these rules or breach of this Agreement.


Limitation of Liability

Notwithstanding any damages that you might incur, the entire liability of Shatterline and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for the Application.

To the maximum extent permitted by applicable law, in no event shall Shatterline or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the Application, third-party software and/or third-party hardware used with the Application, or otherwise in connection with any provision of this Agreement), even if Shatterline or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.


Severability

If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.


Waiver

No failure to exercise, and no delay in exercising, on the part of either party, any right or any power under this Agreement shall operate as a waiver of that right or power. Nor shall any single or partial exercise of any right or power under this Agreement preclude further exercise of that or any other right granted herein. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.


Amendments to this Agreement

Shatterline reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Application after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Application.


Governing Law

The laws of Ukraine, excluding its conflicts of law rules, shall govern this Agreement and your use of the Application. Your use of the Application may also be subject to other local, state, national, or international laws.


Changes to this agreement

We reserve the exclusive right to make changes to this Agreement from time to time. Your continued access to and use of the app constitutes your agreement to be bound by, and your acceptance of, the terms and conditions posted at such time. You acknowledge and agree that you accept this Agreement (and any amendments thereto) each time you load, access, or use the app. Therefore, we encourage you to review this Agreement regularly.

If, within thirty (30) days of us posting changes or amendments to this Agreement, you decide that you do not agree to the updated terms, you may withdraw your acceptance to the amended terms by providing us with written notice of your withdrawal. Upon providing us with the written notice of the withdrawal of your acceptance, you are no longer authorised to access or use the app.


No Employment or Agency Relationship

No provision of this Agreement, or any part of relationship between you and Shatterline, is intended to create nor shall they be deemed or construed to create any relationship between you and Shatterline other than that of and end user of the app and services provided.


Equitable Relief

You acknowledge and agree that your breach of this Agreement would cause Shatterline irreparable harm for which money damages alone would be inadequate. In addition to damages and any other remedies to which Shatterline may be entitled, you acknowledge and agree that we may seek injunctive relief to prevent the actual, threatened or continued breach of this Agreement.


Headings

The headings in this Agreement are for reference only and shall not limit the scope of, or otherwise affect, the interpretation of this Agreement.


Geographic Restrictions

The Company is based in Ukraine and provides for app’s access and use primarily by persons located in Ukraine. Thus it maintains compliance with Ukrainian laws and regulations. If you use the app from outside Ukraine, you are solely and exclusively responsible for compliance with local laws.


Limitation of Time to File Claims

Any cause of action or claim you may have arising out of or relating to this agreement or the app must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.


Entire Agreement

The Agreement constitutes the entire agreement between you and Frag Lab, LLC regarding your use of the Application and supersedes all prior and contemporaneous written or oral agreements between you and Shatterline.

You may be subject to additional terms and conditions that apply when you use or purchase other Shatterline services, which Frag Lab, LLC will provide to you at the time of such use or purchase.


Contact Us

Don’t hesitate to contact us if you have any questions about this Agreement.