General Terms Of Use For Games From Nocode Games
Any agreement between NOCODE GAMES ApS (”the Company”) and the customer (”the Customer”) about deliveries of games shall be subject to these general terms of use and licence:
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User account
- The Customer shall register as a user on the Company’s homepage www.nocodegames.com and maintain this user profile during the term of the contractual relationship with the Company.
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Customer’s licence
- All rights to any game as well as any competition, quiz or service (hereinafter ”Game” or “Games”) placed at the disposal of the Customer by the Company shall belong to the Company. Any delivery from the Company to the Customer shall only constitute a non-exclusive licence for the Customer (i) to market and supply the Company’s Games on the Customer’s homepage, or on a homepage at the Customer's option, and (ii) to adapt the graphics, sound, user data and configuration otherwise(“the Licence”). Hard or soft copies of Game versions or the software that forms the basis of the Games will not be provided.
- The Customer is not entitled to copy, provide access to, modify or in any other way use the Games and/or their source codes outside the scope of the Licence set out in Clause 2.1.
- The Company warrants that on delivery to the Customer, the source codes for the Games do not infringe any third party rights. It shall, however, be the responsibility of the Customer that any modification and application of the Games in Denmark and abroad performed by the Customer comply with the legislation in force from time to time, including legislation on marketing, e-trade and personal data as well as third party rights.
- In the event of a claim raised by a third party against the Company or the Customer as a result of the Customer’s supply or application of a Game, the Customer shall immediate remove the Game from its homepage and cease to use the Game commercially on the Company’s demand to that effect. The Company is entitled to remove the Game, if the Customer has failed to fulfil a demand to that effect within not more than 24 hours after receipt of such demand.
- The Customer may reassign the right of modification and execution of Games to customers of the Customer, however, so that the Company only maintains the rights and obligations set out in the agreement with the Customer.
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Execution of Game
- The execution of the Game is hosted by the Company on its platform.
- The Customer obtains the Licence by purchase of credits (”Credits”) from the Company. The Purchase of Credits shall be paid in cash in accordance with the prices applicable from time to time specified on the Company’s homepage. The Licence shall be in force as long as the stock of Credits is in the Customer’s favour.
- The Customer’s stock of Credits shall be reduced after a Game has been active for more than 30 minutes and hereafter when the previous Credit expires. The reduction shall be 1 Credit for every 30.000 executions of the Game since the last reduction of Credits. Credits are valid for a period of one year upon acquisition after which unused Credits shall lapse. Such lapse shall not, however, imply a financial crediting of the Customer. One month prior to the lapse of Credits, the Customer shall receive notice hereof via an e-mail from the Company.
- The Customer shall dispose discretionarily of the Credits acquired by it. The Customer shall be liable and carry the risk that the acquired Credits are applied in accordance with the allocations to the Customer and that no erroneous or unauthorised use hereof occurs.
- Inquiries from the users of the Customer concerning participation in Games or competitions provided by the Customer shall be of no concern to the Company and shall be handled by the Customer.
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Awarding of prizes
- The Company shall not be liable or have any obligations for the awarding of prizes to the Customer’s users of the Games.
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Support
- The Company shall not supply any continuous support, unless otherwise agreed specifically. Support shall be settled by a reduction in the Customer’s Credits in proportion to the current rate specified on the homepage of the Company.
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Breakdowns
- The Company shall not be liable for breakdowns, lost data, downtime, hacker attacks, virus attacks, etc., which directly or indirectly affect the Customer or its users’ IT-systems, homepage or use of the Games.
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Liability in damages
- The Company shall only be liable in damages if the Customer in connection with its use of the Games incurs a loss as a result of gross negligence on the part of the Company. In such event, the Customer is entitled to claim damages for its direct loss in consequence of the grossly negligent conduct by the Company. The Company shall not be liable in damages for the Customer’s indirect loss of any kind, including loss of turnover. Any liability in damages for the Customer’s direct loss shall never exceed an amount equal to the Credits purchased by the Customer within the past year prior to the actionable act.


