Terms of Use PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS GAME AND/OR COMPANION WEB SITE AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. THESE TERMS OF USE SET FORTH THE TERMS AND CONDITIONS UPON WHICH WE, JUNEBUD AB AND ITS LICENSORS (COLLECTIVELY, “JUNEBUD”, “WE”, “OUR” OR “US”) PERMIT YOU TO DOWNLOAD AND INSTALL SOFTWARE AND RELATED ONLINE OR ELECTRONIC DOCUMENTATION (COLLECTIVELY, THE “GAME SOFTWARE” or “GAME”) IN CONJUNCTION WITH THE FEATURES AND FUNCTIONALITY OFFERED BY US (THE “SERVICE”) AT THE MILMO WEBSITE AT WWW.MILMOGAME.COM (THE “WEBSITE”). BY ACCESSING, BROWSING OR USING THIS SERVICE, YOU ACKNOWLEDGE YOU HAVE READ, UNDERSTAND AND AGREE TO BE LEGALY BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, PLEASE DISCONTINUE YOUR USE OF THIS SERVICE IMMEDIATELY. Unless we have received a properly completed and acceptable parental consent form governing your use of this Site, we will assume (and by using this Site you warrant that) you have legal capacity to enter into the agreement set out in these Terms of Use. You are solely responsible for the compatability of the hardware and software on your personal computer. 1. Grant of a Limited License. On the condition that you agree to the Terms of Use as stated here, Junebud hereby grants you limited, non-exclusive, non-transferable and revocable license to: (a) download and install the Game Software on your personal computer, and (b) use the Game Software in conjunction with the Service and the Website. This use is restricted to non-commercial personal entertainment purposes only. 2. Ownership and intellectual property rights. Junebud holds and retains exlusive right (including all intellectual property) in and to the Game Software. This includes (but is not limited to) bug-fixes, patches, updates, improvements, modifications, concepts, artwork, computer code, environment designs, animations, sounds, music, story-lines and similar conceptual work. All such work as mentioned previously in this paragraph belongs solely to Junebud, and are protected under Swedish national, but also other national and international, copyright laws. The Game Software may contain certain licensed materials, and the licensors of those materials may enforce their rights in the event of any violation of these Terms of Use. Except as expressly and unambiguously provided in these Terms of Use, you are not granted any express or implied right, either by us or our licensors. Unless explessly granted by us or our licensors, all rights in the Game, Service and Website are retained. Only the license explicitly set forth in these Terms of Use is granted. No other licenses are granted under these Terms of Use, whether by implication, course of conduct or otherwise. 3. Specific Limitations. The license granted to you by these Terms of Use is personal and subject to the following further limitations. You shall not or permit any other person to: (a) in whole or in part, (i) modify or create any derivative work of the Game Software, or (ii) copy, photocopy, reproduce, translate, disassemble, reverse engineer, decompile, or otherwise attempt to derive source code, underlying ideas, algorithms, structure, or organization of the Game Software; (b) modify or remove any copyright, patent, confidentiality, and other notices, labels or legends in the Game Software; (c) sell, grant a security interest in or transfer reproductions of the Game or Game Software to other parties in any way not expressly authorized herein; (d) assign, rent, lease or license the Game or Game Software to others; (e) exploit the Game or Game Software or any of its parts for any commercial purpose, including, but not limited to, use at a cyber café, computer gaming center or any other location-based site without the express written consent of Junebud; (f) host, provide or develop matchmaking services for the Game or intercept, emulate or redirect the communication protocols used by Junebud or its licensors in any way, including, without limitation, through protocol emulation, tunneling, packet sniffing, modifying or adding components to the Game, use of a utility program or any other techniques now known or hereafter developed, for any purpose, including, but not limited to, unauthorized network play over the Internet, network play utilizing commercial or non-commercial gaming networks or as part of content aggregation networks; (g) use any third-party software to modify the Game Software to change Game play, including, but not limited to, cheats and/or hackers; or (h) create or maintain, under any circumstance, any unauthorized connections to the Game or the Service. All connections to the Game and/or the Service may only be made through methods and means expressly approved by Junebud. Under no circumstances may you connect, or create tools that allow you or others to connect, to the Game’s proprietary interface or interfaces other than those expressly provided by Junebud for public use. Your failure to comply with the restrictions and limitations listed above and elsewhere in these Terms of Use shall result in immediate, automatic termination of the license granted hereunder and may subject you to civil and/or criminal liability. 4. Termination. These Terms of Use are effective until terminated. You may terminate these Terms of Use at any time by (a) removing the Game Software from your personal computer hard drive; and (b) notifying Junebud of your intention to terminate these Terms of Use. Junebud and/or is licensors may, at their sole discretion, terminate these Terms of Use in the event that you fail to comply with the terms and conditions contained herein. In such event, you must immediately destroy and remove the Game Software from your personal computer hard drive. Upon termination of these Terms of Use for any reason, all licenses granted herein shall immediately terminate. 5. Modifications to Game Software. Junebud and/or its licensors may deploy or provide patches, updates, error corrections, bug-fixes, and modifications to the Game Software that must be installed and/or streamed for the user to continue to play the Game. Junebud and/or its licensors may update the Game Software remotely, including, without limitation, the Game Software residing on the user’s machine, without your knowledge or consent, and you hereby grant to Junebud and its licensors your consent to deploy and apply such patches, updates, error corrections, bug-fixes, and modifications to the Game Software. 6. Termination or Discontinuation of Service. The Game is an “on-line” computer game that must be played over the Internet through the Service, as provided by Junebud. You understand and agree that the Service is provided by Junebud at its discretion and may be terminated or otherwise discontinued by Junebud pursuant to these Terms of Use 7. Limited Warranty. You are solely responsible for the compatability of the hardware and software on your personal computer. Junebud and its licensors expressly disclaim any warranty for the Service, Game or the Game Software and any components thereto. The Service, Game and Game Software are provided “as is” without warranty of any kind, either express or implied, including, without limitation, any implied warranties of condition, defects, use, merchantability, fitness for a particular purpose or use, or noninfringement. You assume the entire risk arising out of use or performance of the Service, Game and Game Software. Some states do not allow the exclusion or limitation of implied warranties, so the above limitations may not apply to you. 8. Limitation of Liability. To the full extent permitted by law, the User agrees that Junebud will not be liable for any damages (including, without limitation, damages for any indirect or consequential or exemplary loss, including but not limited to work stoppage, computer failiure or malfunction, loss of business opportunities, data, goodwill, projects, or profits) howsoever arising and whether in contract, tort or otherwise from the use of, or inability to use, the Game, Website, Service or any of its contents and materials, or from any action or omission taken as a result of using the Service or any such contents, or any other matter relating to the Service. Junebud and its licensors shall not be responsible for any interruptions of service, including but not limited to, ISP disruptions, software or hardware failiures or any other event which may result in a loss of data or disruption of service. In no event will Junebud or its licensors be liable to you for any indirect, incidental, special, exemplary, punitive or consequential damages. 9. Equitable Remedies. You hereby agree to indemnify and hold Junebud and its licensors harmless from and against any liabilities, damages, judgments, losses, costs and expenses (including reasonable attorneys’ fees) arising out of your download, installation and use of the Game Software, and use of the Service, in a manner inconsistent with these Terms of Use or the Privacy Policy. In the event any litigation is brought by Junebud or its licensors in connection with these Terms of Service and either is deemed a prevailing party, each shall be entitled to recover from you all the costs, attorneys’ fees and other expenses it incurred in such litigation. 10. Terms of Use Amendments. Junebud and its licensors reserve the right, at their sole discretion, to amend, add or delete any of the terms and conditions of these Terms of Use when the Game Software is upgraded, effective upon prior notice as follows: Junebud will post notification of any such changes to these Terms of Use on the Website and will provide a link to the revised version of these Terms of Use, and may provide such other notice as Junebud in its sole discretion may elect. If any future changes to these Terms of Use are unacceptable to you or cause you to no longer be in compliance with these Terms of Use, you may terminate these Terms of Use in accordance with the terms herein. Your installation and use of any updated or modified Game Software or your continued use of the Game Software following notice of changes to these Terms of Use as described above means you accept any and all such changes. Junebud and its licensors may change, modify, suspend, or discontinue any aspect of the Game, Game Software and/or the Service at any time. Junebud may also impose limits on certain features or restrict your access to parts or all of the Game without notice or liability. You disclaim any right, title or interest, monetary or otherwise, in any feature or content contained in the Game, Game Software and/or the Service. As a convenience to you, the Service may contain or direct you to links to other sites on the Internet maintained by third parties. These sites may contain information or material that you may find inappropriate or offensive. We do not operate or control, in any respect, or necessarily endorse the content, products or services found on or the security of any information you may provide to such third-party sites. These third party sites may be governed by different terms of use and privacy policies. You assume sole responsibility for your use of any third-party links and sites. 11. User Submissions and Posted Content You are solely responsible for any information, ideas, opinions, avatar data and actions, photographs, images, video, creative works, or any other material that you publish, display, post, submit on or in conjunction with the Service or transmit to other users of the Service (hereinafter, "Posted Content"). By submitting any Posted Content, you warrant and represent that you own or possess all necessary rights or licenses to submit the Posted Content, that the Posted Content and all information contained therein does not infringe any proprietary or other rights of third parties or contain any libelous, defamatory, or otherwise unlawful or harmful information and that the Posted Content is not intended to promote any third party commercial or other business activity. In no event shall we assume or have any responsibility or liability for any Posted Content or for any claims, damages, or losses resulting from the use or transmission of any Posted Content and/or its display on this Site. Posted Content does not necessarily reflect the views of Junebud. By uploading or otherwise submitting any Posted Content to us and/or the Service, you (and your parents, if you're under age 18) automatically grant (or warrant that the owner of such rights has expressly granted) to Junebud, a perpetual, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, and distribute such materials or incorporate such Posted Content into any form, medium, or technology (now known or hereafter developed or devised) throughout the world. In addition, you warrant that all "moral rights" and other similar rights recognized throughout the world in that Posted Content has been waived. We reserve the right, in our sole discretion and judgment, to refuse to post, edit, or delete any Posted Content that violates these Terms of Use or which might be offensive, illegal, or inappropriate, which might violate the rights of, harm, or threaten the safety of other users of the Service, seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise, or which contains a virus, worm, "Trojan Horse" or other computer code or file designed to disrupt, interrupt, destroy or limit the functionality of the Site or any other computer or telecommunications software or hardware, and to suspend or terminate the account of and refuse any and all current or future use of any Site or any portion thereof by users who violate these Terms of Use or submit such Posted Content 12. Premium Service Fees Junebud offers Premium Services for which the User is charged a special fee. The Premium Services include, but are not limited to, the purchase of resources needed to acquire “virtual accessories” for MilMo player avatars. All items sold in the MilMo Shop are made accessible on Junebud's servers and they are made accessible according to these Terms of Use. Such items cannot be down- loaded onto the User's computer. Junebud reserves the right to add, or remove, or change these Premium Services. The User always pays a special fee for Premium Services. Junebud dictates the method of payment for and the price of these Premium Services. These prices may be subject to change over time. Junebud offers the User a credit in the form of so-called June Coins, to be stored on the User's virtual account on the Service (MilMo account). June Coin credit can be obtained through (among other methods) premium text messages that the User sends to a number/address per Junebud's directions. The cost for such text messages is charged on the phone bill/ subsciption used by the User. June Coins are used to buy Premium Services , and an amount corresponding to the price of the Premium Service is deducted from the User's MilMo account. When the User purchases physical merchandise from Junebud, the User always has the right to cancel such a purchase, provided that he/she notifies Junebud of the deci- sion within 14 days of delivery and provided that the physical merchandise can be returned in an essentially unaltered condition. The User will always cover the costs included in returning the physical merchandise to Junebud or whomever Junebud appoints. When the user purchases services, including Premium Services, from Junebud via the Service, he/she may not cancel the agrement of service/Premium Service and Junebud does not offer refunds, unless stated in these Terms of Use. Miscellaneous The Site is controlled and operated by Junebud from its offices at Anckargripsgatan 3, Malmö, PO 211 19, Sweden. These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the Sweden, as they are applied to agreements entered into and to be performed entirely within Sweden. Any action you, any third party or Junebud may bring to enforce these Terms of Use or, in connection with any matters related to the Service shall be brought only in Courts located in Sweden, and you expressly consent to the jurisdiction of said courts. If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable for these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. The failure of Junebud to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. These Terms of Use and the Privacy Policy contain the entire agreement between the parties relating to use of the Service, Game, Game Software and Website and the matters set forth herein and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Junebud with respect to the Service and the Materials. These Terms of Use shall be deemed to include all other notices, policies, disclaimers, and other terms contained in the Service; provided, however, that in the event of a conflict between such other terms and the Terms of Use, the Terms of Use shall control. The Privacy Policy may be reviewed at : http://www.milmogame.com/Legal/MilMoPrivacyPolicy.php These Terms of Use are not assignable, transferable of sub licensable by you except with Juebud's prior written consent. Contact Information Please contact us at the following address with any questions concerning these Terms of Use or to report any violations of these Terms of Use. Junebud AB (publ) ATT: Terms of Use Anckargripsgatan 3 211 19 Malmö Sweden terms@junebud.com Recent Updates These Terms of Use were last updated on 12/08/2009