DEVELOPER GAME LICENSE AGREEMENT
This Agreement. This Agreement governs Your right to provide Games for distribution through Our Distribution
Platform. By submitting Your Games to Our Distribution Platform, You allow Us to make Your Games available for
Users, where In-Game Ads will be displayed and In-Game Purchases may be offered. In exchange, You will
receive a Developer Revenue Share of the Net Revenue generated from such Ads and In-Game Purchases
associated with Your Games. You agree that Your Games shall not be distributed as part of a subscription or
pay-to-own model, nor via native apps.
Acceptance of terms. By accepting this Agreement, whether by clicking a box or executing an order form
referencing these terms, You confirm that You have read, understood, and agreed to comply with all terms,
conditions, and obligations outlined herein, including compliance with applicable laws.
Company customers. If you are entering into this Agreement on behalf of a company or other legal entity, you
represent that you have the authority to bind such entity and its affiliates to these terms and conditions, in which
case the terms “You” or “Your” will refer to such entity and its affiliates. If you do not have such authority, or if you
do not agree with these terms and conditions, you must not accept this Agreement and may not use the
Distribution Platform.
No monitoring. You may not access the Distribution Platform, including the Games, for monitoring availability,
performance, or functionality, or for benchmarking or competitive purposes without prior written consent. Any
unauthorized access for these purposes may constitute a breach of this Agreement and applicable laws,
including the Digital Services Act (“DSA”).
Date. This Agreement was last updated on 19 June 2025 It is effective between You and Us as of the date of You
accepting this Agreement.
1. DEFINITIONS
“Agreement”: means this Developer Game License Agreement.
“Developer”: means the third-parties that provide the Games to Distributor for distribution on the Distribution
Platform.
“Developer Net Revenue” means the share of Net Revenue paid to the Developer hereunder, as defined in
Section 3.1.
“Distribution Platform”: means the distribution platform and associated services exploited by Distributor under
the domain name www.gamedistribution.com.
“Games”: means the games owned by You and/or Your licensor which You will upload to the Distribution Platform
to make them available for Publisher Properties.
“In-Games Ads Revenue”: means the gross revenues generated and received by Distributor through In-Game
Ads less: (i) In-Game Ads and Hosting costs; (ii) any applicable Invalid Traffic / Fraud deductions and
reservations.
"In-Game Purchase Revenue”: means the gross revenue generated and received by Distributor through
In-Game Purchase less (i) payment provider costs; and (ii) VAT.
“In-Game Purchase” or “(IGP)”: means a micro-transaction that allows Users to purchase a digital
product/item/service within the Games.
“In-Game Ads” or “Ads”: means the digital advertising displayed to Users when they view and play the Games.
In-Game Ads can but are not limited to the in-game display formats of interstitials, banners, pre-roll / mid-roll /
post-roll and rewarded video ads.
“In-Game Ads and Hosting Costs”: means the ln-Game Ads platform costs and fees, and content hosting costs
and fees incurred by Distributor in connection with the distribution and making available of the Games and
including In-Game Ads.
“Intellectual Property Rights”: means all intellectual property rights, either registered or unregistered, including
trademarks, patent rights, design rights, trade names, copyrights, neighboring rights, moral rights, database
rights, and similar proprietary rights.
“Invalid Traffic / Fraud”: means any In-Game Ads and/or IGPs, impressions, clicks, purchases or similar billing
events that are determined by Distributor , advertisers, and/or third-party providers, to be fraudulent, suspect in
quality, or unusable according to such party’s standards. Invalid Traffic / Fraud includes, but is not limited to,
pop-unders, click-jacking, auto scrolling, forced navigation, auto navigation, dark pages, auto-play video in
pop-under with sound off, auto-refresh of ad slots, call video ads behind the video player, referrer stripping or
replacement, empty or spoofed domains, unauthorized (re)selling of ad inventory by seller, stacked redirects,
auto-click on recommendation widget tile, content-recommendation tile trick play, rogue mobile apps auto-loading
impressions, fraudulent or abnormal numbers of clicks per install / download, or refund fraud.
“Net Revenue”: means the In-Game Ads Revenue and/or In Game Purchase Revenue.
“Publisher”: means the third parties who are Our registered partners that owns or operates the Publisher
Properties where they provide access to the Games for Users.
“Publisher Properties”: means the desktop (PC) and mobile website(s), domain(s) or other content hosting
infrastructure, which is owned by or licensed to Publisher where Publisher will display the Games or provide links
to the Games (in an iFrame or otherwise).
“Sanctioned Person”: means at any time during the term of this Agreement, any natural person, corporation, or
other legal entity: (i) listed on any Sanctions-related list of designated or blocked persons; (ii) that is any agency
or instrumentality of the government of, resident in, or organized under the laws of a country or territory that is the
subject of comprehensive restrictive Sanctions from time to time (as of the date of this Agreement) such as but
not limited to Cuba, Iran, North Korea, the Crimea Region of Ukraine, Donetsk People's Republic and Luhansk
People's Republic, and Syria); or (iii) 50% or more owned or controlled by any of, including a combination of, the
foregoing.
“Sanctions”: means individually and collectively, any and all applicable economic or financial sanctions or trade
embargoes imposed, administered or enforced from time to time by: (i) the United States of America, including
those administered by Office of Foreign Asset Control (OFAC), the U.S. Department of State or through any
existing or future executive order; (ii) the United Nations; (iii) the European Union or any European Union
member state; (iv) HM Treasury of the United Kingdom; or (v) other similar governmental authority having
jurisdiction over any Party to this Agreement.
“SDK”: means software code (and associated documentation) provided by Distributor to Developers to implement
in the Games, to allow for, including but not limited to, ad tracking features, ad code(s), statistics, and IGP
capability, and to calculate, monitor and optimize revenues and game performance.
“Term”: means the term of this Agreement as described in Section 7.
“Third-Party Supplier”: means a third-party, which may include corporate affiliates of Us, that delivers a
product or service to Us in connection with Us offering the Distribution Platform and the Games, to select and
deliver the In-Game Ads and In-Game Purchases, and any associated products and services as part thereof, as
supplier or subcontractor.
“You” or “Your”: the company or other legal entity for which you are accepting this Agreement, as entered into
the sign-up form, and Affiliates of that company or entity. For the purposes of this Agreement, “You” or “Your”
shall also be referred to as the Developer.
“We,” “Us”, “Our”, “Distributor” or “GameDistribution”: KEYGAMES NETWORK B.V., a Dutch company with
Company registration number 14077784, with its registered office at Boeing Avenue 30, 1119 PE, Schiphol-Rijk,
the Netherlands doing business as GameDistribution.
“Party”: means You or Us separately, “Parties” means You and We together.
“Users”: means users that access the Games on Publisher Properties.
2. DEVELOPER LICENSE / DEVELOPER & DISTRIBUTOR SERVICES
2.1 Subject to this Agreement, Developer hereby grants to Distributor a worldwide, royalty-free, non-exclusive
license, with the right to sublicense to the extent necessary for the proper performance of this Agreement,
including without limitation, to distribute, publish, commercially exploit, advertise and promote the Games through
the Distribution Platform, Publisher Properties, applications, and other platforms.
2.2 Distributor may subcontract its obligations under this Agreement to any third party.
2.3 Developer hereby grants to Distributor a non-exclusive, limited license to use and publish Developer
trademarks and logos in connection with the execution of the Agreement.
2.4 Developer will not alter, change, modify, observe, reverse-engineer, or interfere with, in any way whatsoever,
the SDK, provided by Distributor.
2.5 Distributor will, with respect to the Games, use commercially reasonable efforts to make the Games available
and to sell In-Game Ads and In-Game Purchases, and to solve any defects in the operation of the Games, but
otherwise does not undertake or promise that the Games, including the In-Game Ads and In-Game Purchases
will be available at all times, or without interruption or error, for inclusion on the Publisher Properties.
2.6 During the Term of this Agreement, Developer shall:
2.6.1 be solely responsible for all programming, design and game development of the Games;
2.6.2 not use any copyrighted or registered trademarks of any kind of names and/or visual materials in the
Games that are not owned by Developer;
2.6.3 before uploading the Games, implement the SDK in the Games as instructed by the Distributor; failure
to do this will result in a denied request for publishing;
2.6.4 ensure that all Games updates and features of the Games are made available for the version integrated
on the Distribution Platform and that Games distributed on the Distribution Platform hereunder is always
identical to the latest version of the Games published on other platforms/websites, apps etc.;
2.6.5 provide the games localized at least in English language;
2.6.6 be responsible for providing user support in relation to the Games, including community management;
2.6.7 not include any link to a web domain or content(s) outside the Distribution Platform in Games integrated
on the Distribution Platform without Distributor’s prior consent;
2.6.8 not include any third-party Ads, In-Game Purchases or data tracking software;
2.6.9 use commercially reasonable efforts to make the Games available and to make available to sell
In-Game Ads and In-Game Purchases, and to solve any defects in the operation of the Games, for
inclusion on the Publisher Properties;
2.6.10 comply with Developer Guidelines which are indicated under the following link:
https://static.gamedistribution.com/developer/developers-guidelines.html.
2.6.11 clearly and distinguishably disclose that a content that is part of the Games has been artificially created
or manipulated by labelling the AI output accordingly and disclosing its artificial origin, if such content is
constituted as deep fake. Throughout this Agreement and for this obligation deep fake content is defined
as AI-generated or manipulated image, audio or video content that resembles existing persons, objects,
places, entities or events and would falsely appear to a person to be authentic or truthful.
2.7 Distributor will communicate updates or changes to the Developer Guidelines to Developer.
2.8 With respect to the Games, during the Term, the Developer adheres and agrees to meet the levels of
dedication required for operating/distributing an online gaming experience on the Distribution Platform.
2.9 Subject to the terms and conditions of this Agreement, during the Term, Distributor shall host the Games in
full on the Distribution Platform. Exceptions for hosting the Games in full will be accepted only by written consent
of the Distributor. Distributor shall use commercially reasonable efforts to serve the advertisements within the
Games through use of the SDK, but otherwise does not undertake or promise that the Games, including the
In-Game Ads and In-Game Purchases will be available at all times, or without interruption or error, for inclusion
on the Publisher Properties. Distributor has the right to block any outgoing links in the Games through the SDK
in order to meet Publisher property requirements for placing content.
3. REVENUE SHARE
3.1 During the Term of this Agreement the Developer is entitled to a revenue share of 33% (thirty three percent)
of the Net Revenue (the "Developer Revenue Share”).
3.2 During the Term of this Agreement the Developer can access at any time the revenue share reports on the
Developer Net Revenue made each preceding calendar month in the reporting section of Your account on the
Distribution Platform.
3.3 Within 60 days after the report for the preceding calendar month becoming available, the Distributor will pay
the Developer Revenue Share with respect to that month if: (i) the Developer Revenue Share is at least EUR
100; and (ii) the Developer has filled out the payment information needed to make the payment in its account,
including any VAT information, if applicable. If the Developer Revenue Share is less than EUR 100, it will
accumulate and be paid when the Developer Revenue Share is EUR 100 or more. The Developer agrees that the
Distributor sends a credit invoice to the Developer for the payments made by the Distributor to the Developer.
3.4 Each party will be responsible for its own taxes of whatever nature.
3.5 The Developer declares by entering into this Agreement that it acts as a VAT taxable person within the
meaning of Article 9 of the EU VAT Directive 2006 (Council Directive 2006/112/EC, PbEU, L 347), if applicable.
Where required under law, Distributor will add applicable VAT (BTW) to be charged by Developer to the
Developer Revenue Share. Developer agrees to pay or to bear the costs of all applicable taxes and charges
imposed by any government entity in connection with this Agreement, including without limitation taxes and
charges related to Developer’s receipt of Developer Net Revenue, such as withholding tax. Notwithstanding the
foregoing, in the event Distributor operates in multiple jurisdictions, Distributor may appoint another Distributor
entity to issue credit invoices and make the corresponding payments.
3.6 Detection of or any reasonable suspicion of any Invalid Traffic / Fraud as evidenced by Distributor’s and
Third-Party Suppliers Invalid Traffic /Fraud hold-backs and reports gives Distributor the right to: (i) withhold or
set-off any Publisher Revenue Share related to such Invalid Traffic / Fraud; (ii) obtain a refund of prior payments
(or any portion thereof) made to Publisher relating to Invalid Traffic. In order to be able to detect such Invalid
Traffic / Fraud and control In-Game Ads quality, Distributor has the right to use third-party verification tools and
Publisher is obliged to assist and to cooperate with Distributor where and when needed. Any costs associated
with the deployment and/or use of third-party verification tools by Distributor related to Invalid Traffic / Fraud are
at the expense of Publisher.
4. INTELLECTUAL PROPERTY RIGHTS
4.1. All Intellectual Property Rights which already existed at the time of entering into this Agreement remain the
property of the party to which they belonged at that time. Parties will only acquire rights from the other Party as
are explicitly granted in this Agreement, and nothing in this Agreement shall confer on the Developer any right of
ownership in the Distribution Platform, and/or SDK and/or anything embodying or featuring any of them, or any
goodwill inuring to them, and subject to the limited rights expressly granted hereunder, We and Our licensors and
Third-Party Suppliers reserve all of Our/their right, title and interest therein. Developer agrees that it will not
modify, prepare derivative works from, or reverse engineer the Distribution Platform (including the SDK), or
create or attempt to create a substitute or similar service or product through use of or access to the Distribution
Platform (including the SDK), or proprietary information related thereto.
4.2 Developer hereby grants to Distributor a worldwide, royalty-free license, with the right to sublicense to the
extent necessary for the proper performance of this Agreement, including without limitation, to distribute, publish,
advertise and promote the Games through the Distribution Platform and Publisher Properties.
5. DATA PROTECTION
5.1. The Developer hereby agrees and confirms that it will comply with all applicable data protection laws, in
particular with the General Data Protection Regulation (“GDPR” 2016/679/EU), the e-Privacy Directive
(2002/58/EG) and local data protection laws. The Developer shall have a valid legal basis for processing of
personal data for each of its processing activities.
5.2. The Developer hereby agrees and confirms that it will not place any tracking tool except agreed upon under
this Agreement (SDK, pixel, cookies etc.) or collect personal data of the end users (“Data Subjects”) any other
way through the games it will provide to Company.
5.3. In this regard, the Distributor may, at its sole discretion scan the game in its best effort to detect if the
Developer processes any personal data. If the Distributor becomes aware of any data processing by the
Developer except the processing that is strictly necessary, the Developer warrants that it will terminate such data
processing immediately.
5.4. If the Developer fails to comply with this Clause hereby, the Distributor may terminate this Agreement without
any liability thereof.
5.5. In the course of this Agreement, Parties will promptly notify each other and in any case, -to the extent
applicable- within the timeframes envisaged in the GDPR, if one of the parties receive a data subject request,
assessment, enquiry, notice or investigation from a Supervisory Authority (that is, a data protection authority
established by a member state pursuant to Article 51 of the GDPR) or a self-regulatory organization or become
aware of a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized
disclosure of, or access to, personal data transmitted, stored or otherwise processed ("Data Breach").
5.6. In the event that there is a change in the technical integration, including but not limited to implementation of
the Distributor's SDK or any change in ad serving, Parties will promptly sign a data protection agreement as an
addendum to this Agreement
6. REPRESENTATIONS AND WARRANTIES / INDEMNIFICATION / LIABILITY
6.1 The Distributor represents and warrants that: (i) Distributor is authorized to enter in this Agreement.
6.2 The Developer represents and warrants that:
(i) Developer is authorized to enter into this Agreement and perform its obligations
hereunder;
(ii) Developer hereby represents and warrants that:
a. it conducts its business in compliance with all applicable laws, rules and regulations, including
without limitation applicable data protection laws and Distributor’s Developer Guideline Document
which is available at Developer Guidelines as part of this Agreement and Distributor’s SDK
Documentation which is available at Quality Guidelines as part of this Agreement and Design
Guidelines which is available at Quality Guidelines as part of this Agreement ;
b. it will comply with all applicable laws on personal data protection as well as Distributor privacy
policy in respect of the collection, use and disclosure of any personally identifiable information;
c. the execution of this Agreement and the performance of its obligations hereunder will not conflict
with or cause a breach or violation of any agreement, law, regulation or other obligation to which
it is a party or subject;
d. it owns all or has a license to the Intellectual Property Rights in the Games, including the right to
(sub)license to Distributor under this Agreement;
e. the Games will be up-to-date, true, correct, accurate, and will not: (i) be misleading or deceptive;
(ii) be obscene, defamatory or otherwise unlawful; (iii) be violent, sexual or abusive in nature so
as to be reasonably likely to cause offence to any material group of people;
f. the Games, including any product or services offered through the Games, and the use thereof
will not infringe any right of any person or entity, will not infringe any Intellectual Property right or
other rights of any person or entity, and will not breach any applicable law, regulation, rule or
relevant industry codes;
g. the availability of, and support for the Games will be at all times of a high quality, and will meet
the specifications and service level criteria under this Agreement;
h. Distributor nor the Publishers or the Users will be exposed to any computer virus (or any similar
or other damaging components) from the Games;
i. there is no current or impending claim or proceedings anywhere in the world in respect to the
Games.
(iii) Developer will not:
a. abuse, decompile, reverse engineer, attempt to derive the source code, or disassemble the
Distribution Platform or any parts thereof;
b. interrupt or attempt to interrupt the proper operation or exploitation of the Distribution Platform or
any parts thereof in any way whatsoever;
c. register any rights regarding the Games which are not legally owned by Developer or the
Distribution Platform, or Distributor and their business or any parts thereof; and
d. violate any applicable laws, including data protection laws.
6.3 Developer will fully defend, indemnify, and hold the Distributor harmless from and against any and all
liabilities, losses, damages, government actions, penalties costs and/or expenses (including legal fees and
expenses) associated with any claim or action brought against the Distributor or its affiliates or its Publishers
regarding (a) actual or alleged infringement of any Intellectual Property Rights in the Games;(b) a breach of
above mentioned representations and warranties; (c) any end user’s/ player’s use of the Games including,
without limitation, any actions or claims in product liability, tort, contract, or equity.
6.4 Developer acknowledges that the Distribution Platform and any advertising, information, data, or Game
thereon are “AS IS”. Except as expressly provided in this Agreement, Distributor disclaims any and all
representations and warranties with respect to the Distribution Platform and all advertising, information, data and
Game thereon including without limitation, any implied warranties and any warranty of continuous, uninterrupted,
bug-free, secure, virus-free access to the Distribution Platform and/or any of its advertising, information, data and
Game.
6.5 Distributor’s total aggregate liability in connection with an attributable failure to fulfil any obligations under the
Agreement, a wrongful act and/or any other legal grounds, for any kind of damage including claims of third
parties, including data subjects, and regulatory authorities, will be limited to the amount of revenue share paid out
by Distributor to Developer in the previous three (3) months prior to the date the alleged failure to fulfil any
obligations under the Agreement and/or the wrongful act first arose, but in no event to exceed €10,000 (ten
thousand euro). Distributor is not liable for any indirect, special or consequential damages, including, without
limitation, any loss or damage to business earnings, lost profits or goodwill, suffered by any person. Distributor
will have no obligation or liability to the Developer if a claim is made with the competent court after a period of
one (1) year from the date on which Developer was aware or could have been aware of the facts on which the
claim is based.
6.6 The restrictions to the liability as included in this article shall also apply in favor of all Third-Party Suppliers
that Distributor engages for the performance of this Agreement.
6.7 The limitations of liability in this Agreement are not applicable in case of willful misconduct or gross
negligence (opzet en bewuste roekeloosheid).
7. TERM AND TERMINATION
7.1 This Agreement will be entered into for indefinite duration (the “Term”), with each Party able to terminate this
Agreement with thirty (30) days’ notice at any time.
7.2 In addition, either Party may terminate the Agreement before the end of the Term if:
(i) the other Party materially breaches a term or conditions of the Agreement and fails to cure such
breach within ten (10) business days of written notice specifying the breach;
(ii) the other Party is put into liquidation or has ceased to conduct its business;
(iii) the other Party requests or obtains (provisional) suspension of payments or is declared bankrupt;
(iv) the other Party loses command over its assets or part thereof due to seizure, by being placed under
trusteeship or in any other way, and such command is not returned within thirty (30) days after the
loss thereof;
(v) it can be reasonably expected that the other Party can no longer meet its obligations under this
Agreement.
(vi) The other Party is found to be in violation of its respective obligations under the GDPR and other
applicable data protection laws, or its contractual data protection commitments.
7.3 Notwithstanding with the Section 7.2 of this Agreement, Distributor may terminate this Agreement, in whole or
in part with immediate effect and without any liability for damages in the case where: (i) the Games or any related
services or part thereof infringes any third party rights or is in violation of any applicable laws or regulations, (ii)
the warranties of Developers set out in the Agreement are not fulfilled, (iii) in case there is a direct breach of any
general terms of this Agreement by the Developer that materially affects the ability of the Distributor to operate
legally or effectively;
7.4 The termination grounds referred to in 7.2 and 7.3 do not prejudice the causes for termination and relating
remedies arising from law.
7.5 Obligations, which, according to their nature, are destined to continue also after the termination of this
Agreement, will survive any termination of this Agreement.
8. SANCTIONS
8.1 Without limiting any previously stated compliance obligations herein, Developer hereby represents and
warrants that:
(i) neither Developer, nor any person(s) or entity(ies) owning or controlling (whether individually or
collectively) 50% or more of Developer, is a Sanctioned Person,
(ii) neither Developer nor its agents, directly or knowingly indirectly: (a) has transacted any business
with, provided or received any services to/from, or otherwise acted for the benefit of any Sanctioned Person; or
(b) will transact any business with, provide or receive any services from, or otherwise act for the benefit of any
Sanctioned Person.
(iii) it is compliant with the Sanctions.
8.2. Developer covenants that it shall, in fulfillment of its obligations in this Agreement, follow reasonable
procedures and conduct appropriate due diligence to assure that it does not engage, formally or informally, with
any Sanctioned Person in connection with its performance under this Agreement. Developer agrees that if such
activity is identified or if Developer itself becomes subject to any Sanctions whether directly or because of 50% or
more ownership by one or more Sanctioned Persons), it will immediately notify Distributor, which may, in its sole
discretion, immediately suspend or terminate this Agreement and/or any agreement between the Parties, without
limiting any other right, without liability and without a notice period.
9. MISCELLANEOUS
9.1 Distributor will provide the services under this Agreement, including the provision of In-Game Ads and
In-Game Purchases, and the Games to the best of its knowledge and capabilities, and in a professional and
workmanlike manner in accordance with generally accepted industry standards, but cannot and does not warrant
or guarantee that the Games will be available at all times or operate error free, or that Developer will receive a
guaranteed level of Developer Revenue Share from exploitation of In-Game Ads and In-Game Purchases
through the making available of Games on the Publisher Properties. More specifically, Distributor makes no
warranties or representations about, and assumes no liability or responsibility for: (i) tags results and/or any third
party ad-serving content products or services, (ii) any errors, mistakes, or inaccuracies incorporated into its
services and/or any third party ad-serving content products and/or services, (iii) any interruption or cessation of
transmission to or from Distributors services, the Games, and/or In-Games Ads and In-Game Purchases, (iv) any
bugs, viruses, trojan horses, or the like which may be transmitted to or through Distributor, the Games, In-Games
Ads and/or In-Game Purchases, or (iv) any partial removal and/or termination of the availability of the Games, the
In-Games Ads and/or In-Game Purchases at any time whatsoever. In the case of Invalid Traffic or Fraud,
deductions and recalculations regarding In-Game Ads Revenue may be required, and Distributor reserves the
right to adjust the Publisher Net Revenue within 90 days if Invalid Traffic or Fraud is reported.
9.2 The Parties hereto are and will remain independent contractors. Nothing herein will be deemed to establish a
partnership, joint venture, or agency relationship between the Parties. Neither Party will be deemed to be an
employee, agent or legal representative of the other Party for any purpose, and neither will have any right, power
or authority to create any obligation or responsibility on behalf of the other Party.
9.3 Except as expressly and unambiguously allowed herein, or provided by the relevant privacy statements of
GameDistribution or any of its group companies, or provided by the relevant privacy statements of
GameDistribution or any of its group companies, each Party will hold in confidence and not use (other than
necessary for the proper performance of this Agreement or by the relevant privacy statements of
GameDistribution or its Third-Party Suppliers) or disclose any Confidential Information and will similarly bind its
employees and contractors in writing. “Confidential Information” means all information disclosed by a party to
the other party, whether orally or in writing, that is designated as confidential or that reasonably should be
understood to be confidential given the nature of the information and the circumstances of disclosure. Excluded
from the definition of Confidential Information is information that:
(i) Is or becomes publicly known (other than through unauthorized disclosure);
(ii) disclosed by the owner of such information to a third party free of any obligation or confidentiality;
(iii) was already known by the other Party without an obligation of confidentiality;
(iv) is rightful received by the other Party free of any obligation of confidentiality; or
(v) is mandatorily required by law or order of a court, administrative body or other governmental body to
be disclosed by the receiving Party.
The Parties' obligations with respect to Confidential Information will remain in effect for ten (10) years from the
date of last disclosure made by any Party.
9.4 Developer will not assign, transfer, encumber or otherwise dispose of the Agreement without the prior written
approval of the Distributor. Any attempted assignment, transfer, encumbrance or other disposal of the Agreement
by Developer in violation of this provision will constitute a material default and breach of this Agreement. Except
as otherwise provided, this Agreement will be binding upon and inure to the benefit of the Parties' successors
and lawful assigns.
9.5 Distributor is entitled to suspend its services under any Agreement during the period that Developer is in
breach of Developers warranties and obligations in this Agreement.
9.6 Distributor is allowed to transfer its legal relationship with the Developer to a third party. Developer gives it
irrevocable permission in advance for such a transfer.
9.7 No Party will be deemed in default hereunder for any cessation, interruption or delay in the performance of its
obligations due to causes beyond its reasonable control, including but not limited to: earthquake, flood, or other
natural disaster, act of God, labor controversy, pandemic, civil disturbance, war (whether or not officially declared)
or the inability to obtain sufficient supplies, transportation, or other essential commodity or service required in the
conduct of its business, or any change in or the adoption of any law, regulation, judgment or decree (each a
“Force Majeure Event”). Each Party will have the right to terminate the Agreement immediately upon written
notice if any Force Majeure Event of another Party continues for more than thirty (30) days.
9.8 A Party’s failure to exercise or delay in exercising any right, power or privilege under this Agreement will not
operate as a waiver thereof; nor will any single or partial exercise of any right, power or privilege preclude any
other or further exercise thereof.
9.9 This Agreement may be periodically updated and the current version will be published on the Distribution
Platform. You will be notified of any significant changes to the Agreement through clear notice on the Distribution
Platform or via email, if an email address has been provided. Your continued use of the Distribution Platform after
a revised Agreement has been published on the Distribution Platform constitutes Your acceptance of its terms.
However, if You do not agree with the updated terms, You have the right to stop using the Distribution Platform.
9.10 Without prejudice to the foregoing, Distributor may at its sole discretion at any time take-down the
Distribution Platform or remove or change the Games or any part thereof from the Distribution Platform, or to
require adjustments to the Games, for any reason whatsoever and Distributor is not required to provide
Developer with any reasoned motivation in connection with such take-down, removal, change or required
adjustment.
9.11 The applicability of the Developer’s general or special terms and conditions, however named, is hereby
expressly rejected.
9.12 In the event of technical issues or questions regarding any actions taken under this Agreement, You may
contact Our support team for assistance and further evaluation.
9.13 Any provision of this Agreement which is prohibited or unenforceable in any jurisdiction will, as to such
jurisdiction, be ineffective only to the minimum extent necessary without invalidating the remaining provisions of
this Agreement or affecting the validity or enforceability of such provisions in any other jurisdiction and Parties will
in good faith negotiate to replace the invalid/unenforceable provisions with valid/enforceable provisions.
9.14 This Agreement will be governed by the laws of The Netherlands with the exclusion of its conflict of laws
rules, including the UN Convention on Contracts for the International Sale of Goods (CISG). Disputes, claims and
all other issues arising out of or in connection with this Agreement or further contracts resulting thereof will be
submitted to the exclusive jurisdiction of the competent court in Amsterdam, the Netherlands.
