National ESL: Download - Electronic Sports League

Software Licence Agreement "Aequitas"

THIS LICENCE AGREEMENT ("CONTRACT") IS A LEGALLY BINDING CONTRACT BETWEEN YOU AND TURTLE ENTERTAINMENT GMBH, SIEGBURGER STRASSE 189, D-50679 COLOGNE ("TURTLE").  PLEASE READ THIS CONTRACT CAREFULLY.

BY CLICKING THE "ACCEPT" BUTTON BELOW YOU CONFIRM YOUR AGREEMENT WITH THE TERMS AND CONDITIONS OF THIS LICENCE.  AT THE SAME TIME YOU AGREE THAT THE DATA SPECIFIED IN CLAUSE 4.2 OF THIS AGREEMENT ARE TRANSMITTED TO TURTLE.  SHOULD YOU NOT AGREE TO THE TRANSMISSION OF SUCH DATA OR TO THE TERMS AND CONDITIONS OF THIS LICENCE, PLEASE CLICK  THE "CANCEL" BUTTON.  THE SOFTWARE CAN THEN NOT BE DOWNLOADED AND/OR INSTALLED.  THE CONCLUSION OF THIS CONTRACT IS PRECONDITION FOR THE LEGITIMATE USE OF THE "AEQUITAS" SOFTWARE.

1. Subject Matter / Scope of Application

1.1 The subject matter of this Contract is the Software "ESL-Aequitas".  "ESL-Aequitas" is a software enabling the monitoring of ESL users' compliance with ESL league rules when playing computer games on the internet for the benefit of all ESL users.  The software serves to detect illicit tools during ESL league matches and so-called "fake accounts".  The term "illicit tools" refers in particular to the use of game configurations ("configs"), modified game files and the use of additional auxiliary routines ("cheats").  The definition of illicit tools is based on the ESL rules for the respective game.  The ESL rules (available at www.esl-europe.net) are an integral part of this Contract.

1.2 The software source code is not a subject matter of this Contract.

1.3 These conditions of use are applicable also to any updates and upgrades of "ESL-Aequitas", unless they are subject to specific provisions, or unless this contract version has meanwhile been replaced by a more recent contract version.

2. Granting of Rights

2.1 Turtle grants you free of charge the non-exclusive (simple), non-transferrable right limited to the duration of this Contract to use the software "ESL-Aequitas".

2.2 Any duplication of the software is permitted only to the extent absolutely necessary in order to allow the contractual use of the software.  Hence, necessary duplications include the installation of the software as well as storing it in the main memory.  Furthermore, you may duplicate the software for safety purposes as many times as absolutely necessary.  The respective backup copies may be used for archiving purposes only.  Your are not permitted to make any additional copies, including the output of the program code via a printer.

2.3 Any decompilation of the program codes into other forms of code as well as any other type of reverse engineering is permitted only to the extent needed to obtain the information necessary to achieve interaction with a computer program that is generated independently, and such information cannot be obtained elsewhere.

2.4 You are not entitled to distribute the software to third parties, to sell and/or lease or lend it.

2.5 You are not entitled under any circumstances to remove any copyright notices, serial numbers or any other markings which serve to identify the software, or to modify or obliterate them.  Similar applies to any suppression of the display of respective notices   and features on the monitor.  Nor are you entitled to modify the software in any way.

Turtle points out that any violation of the licence terms above or any other provisions of this Contract will be persecuted by any means available under civil and criminal law.

3. Damage Claims, Liability

3.1 Turtle shall be liable only for intent and gross negligence.  Any further liability is excluded.

3.2 Turtle shall be liable for any compensation in damages only in the event of malicious silence with regard to a defect in law or in the software.  Any further liability for defects is excluded.

3.3 In no event shall Turtle be liable for any lack of economic success, loss of profit, indirect and/or consequential damages.  You are responsible for the periodical saving of your data.  Therefore, in accordance with the provision above, in the event of any loss of data due to fault Turtle shall be liable only for the cost of data duplication, the backup copies to be produced and for the cost of replacing the data which would have been lost also if the data had been backed-up properly.

3.4 Any damage claims of Turtle shall become time-barred after two years.

4. Confidentiality, Data Protection

4.1 You are bound to treat any programs, codes and documentation supplied by Turtle as well as conceptual material as business secrets of Turtle and to keep them strictly confidential.

4.2 For the purpose of monitoring compliance with the ESL rules it is necessary that the following data are collected from your computer through the "Aequitas" software and transmitted to the servers of Turtle:

4.2.1 General information:
- ESL match information (Match ID, Match time)
- MAC address
- Operating system
- Unequivocal hardware ID as hash
- Windows uptime
- Local time of the PC
- Process log (hash and path information)
- Internet access information (IP, RWIN, MTU).

4.2.2 Game data:
- Game path
- Checksum and size of executable file (.exe) of game
- Speech setup of the game
- Process information of the game (start parameter, process ID)
- Configuration files of game (contents, path, read only (yes/no))
- Contents of game directory.

In addition, screenshots of the game will be made and transmitted to Turtle's servers 	together with the game configurations used, and stored on the servers.

4.2.3 Debug / Crash information:
If Aequitas detects an error or a program crash, the following additional information will be transmitted:
- Aequitas application data (process ID, path, MD5, name executable, software version number)
- Aequitas traffic log (what has so far been received/transmitted)
- Contents of Aequitas file.

4.3 Turtle is obligated to store the data only for such time as is absolutely necessary to monitor compliance with the ESL rules.  The data listed under 4.2 above will not be disclosed to third parties and are used only for the purpose of monitoring compliance with the ESL rules.

4.4 You hereby agree with the collection, use and storage of data as described above.

5. Duration of Contract

5.1 This Contract is entered into for an indefinite period of time.

5.2 This Contract may be terminated by either party at any time.  The right to terminate the Contract for cause (extraordinary termination) remains unaffected.  The termination must be made in writing to be given effect, the notice of termination by E-mail being deemed to satisfy the requirement of the written form.

5.3 Furthermore, this Contract, and hence your right to use the "Aequitas" software, shall end automatically at such time as the ESL user relationship is terminated; no separate termination of this Contract is required.

5.4 Upon termination of this Contract you are to refrain from any further use of the software.   You are obligated to delete the software immediately and completely.

6. Miscellaneous

6.1 Any agreements containing an amendment, supplementation or specification of these Contract terms as well as specific undertakings, guarantees or understandings must be done in writing.  If made by third parties or support personnel of Turtle, they shall be binding only if Turtle consents thereto in writing.

6.2 You are entitled to any set-off only to the extent that any counter-claim on your part is determined with legal effect and/or acknowledged and unchallenged by Turtle.  You are entitled to exercise the right of retention only with reference to any claims under this Contract.

6.3 This Contract is governed by German law exclusively.  UN purchasing law is excluded.  The courts of the city of Cologne (Germany) shall, to the extent permitted by law, have sole jurisdiction over any disputes arising from and in relation to this Contract .

6.4 Should any provision of this Contract be or become invalid, this shall not affect the validity of the remaining provisions.  To the extent reasonable, the parties of this Contract shall in good faith replace the invalid provision by a lawful provision which closely reflects the original economic intent, provided this does not result in any material modification of the contents of this Contract.

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