- arabic
- brazilian
- bulgarian
- czech
- danish
- dutch
- english
- finnish
- french
- german
- greek
- hungarian
- indonesian
- italian
- japanese
- koreana
- latam
- norwegian
- polish
- portuguese
- romanian
- russian
- schinese
- spanish
- swedish
- tchinese
- thai
- turkish
- ukrainian
- vietnamese
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END USER LICENCE AGREEMENTThis End User License Agreement (hereinafter referred to as “EULA”), together with our Privacy Policy, governs the use of the video game, application, software, associated upgrades, add-ons (e.g. DLCs), patches, and updates, as well as the associated services (collectively referred to as the “Product”) currently provided or to be provided by U&I Entertainment Limited or one of its subsidiaries or affiliates, including Flashpoint Germany GmbH, Sidewalk Games LLC and Sidewalk Games Ltd (collectively referred to as the “Company(ies)”) and licensed by a customer (the "Customer"), whether published directly by the Company or via a video game platform, store or system (including, for the avoidance of doubt, console, mobile and cloud-based) operated by a third-party, including without limitation the following: Nintendo Switch systems authorised by Nintendo, PlayStation systems authorised by Sony Interactive Entertainment, Xbox systems authorised by Microsoft, and the Steam platform operated by Valve (each a "Third-Party Platform"). The Companies have licensed their Products to the Third-Party Platforms, which issues sublicenses to the Customer through this EULA.
This EULA sets out the basis on which the Companies makes the Product available to the Customer and how the Customer may use it. By downloading or accessing the Products in any way (whether as part of the creation of an account or not and whether on any Company or Third-Party Platform), the Customer confirms that they are 18 years of age or over and have read and accept the terms of this EULA , or if the Customer is younger than 18, their parent or legal guardian has read and accepted the terms of this EULA. The Company may immediately terminate this EULA and stop the Customer's access to the Product if the Company is not satisfied that such acceptance by the parent or legal guardian has been given. The Customer and their parent(s) or legal guardian(s) must review the terms of this EULA together. Parents and legal guardians are responsible for the acts of children under 18 years of age when using a Product.
* BY CLICKING ON THE RELEVANT AFFIRMATIVE BUTTON (E.G. YES, ACCEPT, ETC), OR BY ACCESSING, DOWNLOADING OR INSTALLING THE PRODUCT OR OTHERWISE USING THE PRODUCT OR RELATED GAME IN ANY WAY, THE CUSTOMER AGREES TO THE TERMS OF THIS EULA (AND ALL TERMS INCORPORATED BY REFERENCE) AND ACKNOWLEDGES THAT SUCH EULA TERMS ARE LEGALLY BINDING.
* IF THE CUSTOMER DOES NOT AGREE TO THE TERMS OF THIS EULA, THE CUSTOMER SHALL CLICK THE RELEVANT NEGATIVE BUTTON (E.G. NO, REFUSE, ETC) AND/OR NOT USE THE PRODUCT IN ANY WAY. IN SUCH CIRCUMSTANCES THE COMPANY WILL NOT LICENSE THE PRODUCT TO THE CUSTOMER AND THE CUSTOMER WILL NOT BE PERMITTED TO INSTALL, DOWNLOAD, ACCESS, COPY OR USE THE PRODUCT IN ANY WAY WHATSOEVER. THE CUSTOMER'S CONTINUED USE OF THE PRODUCT IN ANY WAY (INCLUDING INSTALLATION OF THE PRODUCT), WILL INDICATE THE CUSTOMER'S ACCEPTANCE OF THE TERMS OF THIS EULA.
1. Content and Scope of the License
1.1. The Companies grant the Customer a non-exclusive, non-transferable, non-sublicensable, non-commercial, and personal license, limited in time to the term of the contract, to install and/or use the Product (hereinafter referred to as the “License”). For the avoidance of doubt, the Product may be made available to the Customer in whole or solely in parts (e.g. versions such as updates, patches, or demos where certain game modes or content is playable only) which shall be clearly set out by the Companies prior to installation/use of such Product. Under no circumstances may the Customer use the Product or this License for commercial purposes or make copies (e.g., for friends or family) without first obtaining a corresponding License from the Companies.
Please note: The Company licenses the use of the Products to the Customer on the basis of this EULA. The Company does not sell the Product to the Customer and the Company remains the owner of each Product at all times. To the extent that a Product is published via a Third-Party Platform, this EULA does not govern or change in any way the Customer's relationship with the Third-Party Platform under the Customer's applicable agreements with the Third-Party Platforms.
1.2. Certain parts of the Product may use third-party features, some of which are managed by third parties and may be subject to additional terms and conditions and/or costs. The Customer must comply with such third-parties parties' additional terms and conditions;
1.3. The Customer may not, unless expressly permitted by applicable law, either directly or indirectly (because these actions are not covered by the License):
i. sell, rent, lease, (sub)license, loan, publish, display, distribute, market, or otherwise commercially exploit the Product or parts thereof;
ii. reverse engineer, decompile, disassemble, translate, adapt, modify, merge, vary, adapt, reproduce, make alterations, combine with other programs, or create derivative works of a Product in whole or in part (unless the Product enables the Customer to create, generate, or transmit user-generated content through a specific function, for which the Customer may have to create a Customer account with the relevant Third-Party Platform and shall comply with their terms of use at all times);
iii. create, use, and/or distribute “auto,” “trainer,” “script,” or “macro” computer programs or other ‘cheat’ or “hack” programs or software applications for a Product (regardless of whether it is an online multiplayer game or a single-player game (online or offline));
iv. combine, associate, wrap-around, integrate, or align, any third-party software, components or add-on features with the Product or any part of it, in any manner whatsoever;
v. remove, alter, deactivate, or circumvent any copyright or trademark notices or other information, notices, or labels regarding authorship and origin contained on or in the Product (this applies in particular to any integrated copy protection);
vi. bypass or seek to bypass any security or technical measures (including de-obfuscating any code) relating to the Product, including by the adoption of techniques and technologies now known or hereafter developed; and
vii. export or re-export derivative products or copies thereof created in the manner described above.
1.4. All proprietary and intellectual property rights in the Product (including, but not limited to, all text, graphics, music or sounds, all messages or information, fictional characters, names, themes, objects, scenery, costumes, effects, dialogue, slogans, locations, characters, diagrams, concepts, choreography, videos, audiovisual effects, domain names, and all other elements that are part of the Product, individually or in combination) and its reproductions are the property of the Company or its licensors. The Product is protected by national and international laws, copyright treaties and conventions, and other laws. In case where there is a breach of this EULA that results in a breach of the Company's licensors' intellectual property rights, the Company's licensors shall have the right to protect their rights. Any reproduction or representation of these licensed materials in any form and for any reason is prohibited without the prior permission of the Company and, if applicable, the Company's licensors and agents. Unless expressly stated otherwise in this EULA, the Company reserves all rights not granted to the Customer herein.
1.5. Third-Party Platform Specific Terms
In addition to complying with this EULA, the Customer acknowleges and agrees to comply with the following Third-Party Platform specific terms, as applicable.
1.5.1. Nintendo
i. Use of the Product is subject to the Nintendo terms of service, available on (link), and any other Nintendo relevant policies.
ii. Online features require a Nintendo Account and may require an active Nintendo Switch Online subscription;
iii. Nintendo does not guarantee the continued availability of online services, matchmaking, leaderboards, or cloud features.
iv. Nintendo is not responsible for the content, operation, maintenance, or support of the Products.
v. Nintendo system updates may affect Product functionality.
vi. All Nintendo health and safety warnings apply.
1.5.2. PlayStation™
i. Use of the Product is subject to the PlayStation™ terms of service, available on (link), and any other Sony Interactive Entertainment/PlayStation™ relevant policies.
ii. Online features may require an account for PlayStation™ Network and PlayStation®Plus subscription.
iii. Sony Interactive Entertainment is not responsible for the Products' content, support, or maintenance.
iv. System software updates may affect functionality.
v. Sony Interactive Entertainment may collect data according to its privacy policies.
1.5.3. Xbox
i. Use of the Products is subject to the Microsoft terms of service, available on (link), and any other relevant Microsoft/Xbox policies.
ii. Online features may require an Xbox network account and subscription.
iii. Microsoft may update system software automatically.
iv. Microsoft is not responsible for the Products' content, support, or warranties.
1.5.4. Steam
Use of the Products is subject to the Steam terms of service, available on (link), and any other relevant Valve policies. Valve is not responsible for the Products' content or support.
2. DRM Software
The Product may be protected by digital rights management software (“DRM Software”). In such case, Customer hereby acknowledges, agrees, and consents to the following with respect to the DRM Software:
i. installing the Product will install the DRM Software on its console, computer or mobile device (including, in particular, feature phones, smartphones, tablet computers, and personal digital assistants) where the Customer will access the Product ("Device");
ii. the DRM Software may limit the number of installations of the Product as follows: [the Customer may only install the Product on a maximum of five (5) different Devices in a twenty-four (24) hour period];
iii. the DRM Software may install additional components on the Device that are necessary for copy protection; and
iv. during installation, and/or the first launch of the Product, an online connection may be required to activate the Product via the DRM Software.
Further information is provided to the Customer on the DRM Software website, which is displayed during the installation of the Product.
3. Need for Internet Access
3.1. Use of the Product may require an internet connection on the Device, account setup with third-party providers, including Third-Party Platforms, and the installation of additional software. Age restrictions may apply to access online services and features in accordance with local laws. For more information on youth protection, see Section 11 of this EULA.
3.2. Any connection costs (e.g., the costs of Device providers and/or network operators) are borne exclusively by the Customer. The Customer acknowledges that the quality of the Products, the response time, or access to certain functions may depend on the capabilities of the Device and the electronic communications network. The Companies cannot be held liable for reduced user comfort if this is due to the performance of the Device or the capacity of the electronic communications network.
3.3. The Customer acknowledges that the Product may not be available on all Devices or through all network operators or network service providers.
4. Payments and Subscriptions
4.1. Subject to any promotion, giveaway, offer, or partnership with a Third-Party Platform, the base version of the Products requires a one-off payment to access. Additional payments may be required to access future releases, such as paid expansion packs and paid downloadable content. The Company will announce to Customers if upcoming content requires additional payments in advance of its release.
PLEASE READ THIS END USER LICENCE AGREEMENT CAREFULLY.4.2. The Products do not require a subscription (for example, where the Customer is charged a regular fee to retain access to the game), but may allow in-game transactions (beyond the one-off payment to purchase the game) for access to additional content.
4.3. Any refunds and cancellations are governed strictly in accordance with the terms of this EULA, in particular Section 6 below.
5. Limitation of Liability and Warranty
5.1. To the fullest extent permissible under applicable law, each Product is provided "as is" with all faults, without warranty, performance assurances or guarantees of any kind, either express or implied, including without limitation any implied warranties of condition, quality, satisfaction, uninterrupted use, merchantability, fitness for a particular purpose, or non-infringement. The Customer's use is at their sole risk. The Company, its licensors or Third-Party Platforms do not warrant that the Product will be error-free, or that the Product will interoperate or be compatible with any other product or that any errors in the Product will be corrected.
5.2. To the maximum extent permitted by applicable law, the Company, its licensors or Third-Party Platforms do not represent or warrant that access to the Product will be uninterrupted or that there will be no failures, errors or omissions or loss of transmitted information, or that no viruses will be transmitted on the Product. The Company, its licensors or Third-Party Platforms do not guarantee that the Customer will be able to access or use the Product at times or locations of their choosing, or that the Company, its licensors or Third-Party Platforms will have adequate capacity for the Product as a whole or in any specific geographic area. The Customer acknowledges and agrees that they will be responsible for compliance with all applicable local laws in the location they access or use the Product.
5.3. To the maximum extent permissible by law the Company's total liability, whether arising in contract, tort, strict liability or otherwise and including liability for losses, costs, expenses or damages shall not exceed (in the aggregate) an amount equivalent to the fees, whether subscription, one-off or otherwise, relating to the Game, actually paid by the Customer to the Company during the twelve (12) months prior to the date of the cause of action first arising.
5.4. The Customer acknowledges and agrees that the Product has not been developed to meet their individual requirements and that it is their responsibility to ensure that the Product meets their requirements.
5.5. Nothing in this EULA shall limit or exclude the Companies' and their Affiliates' (including its vicarious agents) liability for: (a) death or injury to life, limb, or health, (b) to intentional acts, to grossly negligent acts, (c) fraud or fraudulent misrepresentation, (d) to essential contractual obligations, or (e) any other liability that cannot be excluded or limited by law.
5.6. The Companies shall only be liable for moderate or slight negligence. The Companies' liability is limited to the purchase price of the Product or the amount that the Customer has paid in total within the last twelve (12) months prior to the damage.
5.7. Third-Party Platforms' liability
i. Nintendo shall not be liable for any claims airising from use of the Software.
ii. Sony Interactive Entertainment bears no liability for claims related to the Software.
iii. Microsoft bears no liability for claims related to the Software.
iv. Valve bears no liability.
6. Refunds
6.1. All purchases relating to the License and the Product, including virtual content, games or any other digital content or services that the Company provides are final and non-refundable except as expressly set out below and as otherwise provided under applicable law or approved by the Companies and provided that such refund is available under the applicable Third-Party Platforms terms of service.
6.2. In addition to Section 6.1, for residents in the European Union and the United Kingdom, by clicking the relevant purchase order button on the purchase interface, the Customer agrees that the Licence will be supplied and delivered to the Customer immediately before the statutory withdrawal period ends and the Customer acknowledges that they will lose the right to withdraw from the contractual purchase of the Licence once the Licence has been downloaded, streamed and/or accessed, due to the nature of the Licenses.
6.3. The Customer shall only be entitled to a refund if they reject the EULA prior to having used or accessed the Product, or at any time prior to the Company providing the Product, following its purchase by the Customer.
7. Unauthorized Chargebacks by the Customer
The Customer shall contact the relevant Company before initiating a chargeback through the contacts displayed at the end of this EULA. Unauthorized chargebacks may result in the termination and withdrawal of Licenses, and/or other collection measures.
8. Rules of Conduct
The Customer agrees to comply with the following rules of conduct governing the use of the Product (hereinafter referred to as “Rules of Conduct”).
In any case, the Customer may only use the Product in accordance with the intended use of such Product.
Without limiting the Company's rights to take action against the Customer, the Customer is prohibited, for example, from:
i. creating, using, sharing, and/or publishing materials (text, words, images, sounds, videos, etc.) in connection with the Product that infringe intellectual property rights or a person's right to privacy, or incite the commission of an illegal act (in particular piracy, cracking, or distribution of counterfeit software);
ii. modifying, distorting, blocking, abnormally overloading, disrupting, slowing down, and/or hindering the Product in whole or in part, or its accessibility to other users or the functioning of the Product's partner networks, or attempt to do so;
iii. transmitting or distributing viruses, Trojan horses, worms, bombs, corrupted files, and/or similar destructive devices or corrupted data in relation to the Product and/or organizing, participating in, or being involved in any way in attacks on the Company's or any Third-Party Platform's servers and/or the Product and/or the servers of its service providers and partners;
iv. creating, providing, or using alternative methods of using the Products, such as server emulators;
v. disrupting chats for spam purposes, whether for personal or commercial purposes, by interrupting the flow of conversation with repeated posts of a similar nature;
vi. distributing materials, content, or posts that are likely to disparage other players or even persons outside the circle of recipients of the post. ThisEnd Userincludes, in particular, formal insults, but also materials, content, or posts that:
(1) contain threats of illegal acts or threats of any other kind,
(2) contain sexually explicit content,
(3) demonstrably false factual claims,
(4) racist content or ethnic stereotypes,
(5) anti-constitutional or otherwise criminal content,
vii. using the help service or complaint buttons inappropriately or sending false reports to Company employees;
viii. falsely claiming to be an employee or representative of the Company, the Third-Party Platforms, or their partners and/or representatives and/or
ix. falsely claiming a recommendation in connection with the Product or the Company or the Third-Party Platforms.
9. Changes to this EULA and/or the Product
9.1. The Company may make changes to this EULA from time to time, for example to ensure that it remains compliant with applicable laws or to reflect any changes the Company make to its services. The updated EULA will be posted on the Company's website. The Company may also notify the Customer when the Company makes material changes to this EULA via in-game communications, email or otherwise. It is the Customer's responsibility to ensure that they check this EULA regularly for any changes before using the Products. The Customer's continued use of the Products will be deemed as acceptance of any changes the Company makes to this EULA from time to time.
9.2. The Companies may revise, update, amend, or propose a completely new EULA for security, legal, practical, or regulatory reasons. If the Companies makes a change to this EULA, the Customer will be informed of this in writing. The notification will contain the full text of the amended EULA.
9.3. The content and scope of the changes are limited to what is necessary to achieve the respective valid reason and is reasonable for the Customer, taking into account their interests. In particular, changes will not result in the removal of essential main functions that were promised at the time of conclusion of the contract or in their significant restriction without equivalent replacement.
9.4. Changes within the meaning of this Section 9 shall not result in any additional costs for the Customer.
10. Termination
10.1. Termination by the Companies
Any Company may immediately suspend, restrict or terminate the Customer's access to the Products or any part of their services and consequently suspend or terminate this EULA (and any Licenses):
i. If the Customer breaches this EULA, its Rules of Conduct or other Company's terms of service or policies;
ii. For reasons of a system failure, maintenance or repair or due to events beyond the Companies' reasonable control.
iii. If the Companies decide to withdraw the Product and/or any other part of the services from the market for any reason at their sole discretion.
10.2. The Companies will use their reasonable endeavours to give the Customer reasonable notice before terminating or deleting their access to the Products. But if the Customer has seriously breached this EULA or other Company's terms of service or policies, or the Customer has been issued with previous warnings, any Company may immediately terminate this EULA. Under such circumstances the Companies will notify the Customer in writing by email or within the Product as appropriate and the LicenseAgreement (“EULA”) governs yourgranted in this EULA will terminate and the Customer must cease all use of the videogame, application, software, their associated upgrades, patches, and updates and related services (the “Product”) currently provided or which willapplicable Product.
11. Data Protection
Customer personal data may beprovided by U&I Entertainment Limited, or any one of its subsidiaries or affiliated companies (collectively referred to as the “Company”) and which you have purchased from Steam Store (‘the “Store”).
This EULA sets out the basis on which the Company makes the Productsprocessed, in accordance with the Companies' Privacy Policy. The detailed Privacy Policy is available to you (“User” or “You”) and on which You may use them. The Company’s Privacy Policy (“Privacy Policy “) which can be found at https://uient.com/privacy forms an integral part of
12. Final provisions
12.1. No Waiver
The failure or delay of the Companies (or their licensors) in exercising any right or remedy under this EULA or applicable law shall not constitute a waiver of that or any other right or remedy and shall not preclude or restrict the further exercise of that or any other right or remedy. The single or partial exercise of any such right or remedy shall not preclude or limit the further exercise of that or any other right or remedy. The waiver of any right or remedy shall only be deemed to have been made when the Companies or the Customer have signed a corresponding written statement.
12.2. Applicable Law and Jurisdiction
This EULA is governed exclusively by English law, excluding the UN Convention on Contracts for the International Sale of Goods. Any dispute arising out of this EULA or in connection herewith shall be subject to the exclusive jurisdiction of the English courts, unless otherwise set out by applicable laws.
12.3. Severability
Should any provision of this EULA be or become legally invalid, this shall not affect the remaining content of the EULA.By installing or using the Product, You agree to accept and toThe invalid clause shall be boundreplaced by (1) this EULA and (2) the Privacy Policy at all times. If You do not agree with one of these, please do not install or use the Product.
the statutory provisions.
12.4. Company Contact Details
TheCompany reserves the right to change, modify, add or delete articles in this EULA at any time, in accordance with the procedures described below in Section 9.
====================================================
1. LICENCE GRANT
the Company (or its licensors) grants You a non-exclusive, non-transferable, non-sublicensed, non-commercial and personal license to install and/or use the Product (in whole or in part) (the “License”),contact details for such time until either You or the Company terminates this EULA. You must in no event use, nor allow others to use the Product or this License for commercial purposes without obtaining a license to do so from the Company. Updates, upgrades, patches and modifications may be necessary in order to be able to continue to use the Product on certain hardware. THIS PRODUCT IS LICENSED TO YOU, NOT SOLD.
As applicable, certain parts of the Product may be using third party features, some of whichthe Company's Customer service department are managed by third-party providers for which additional terms and/or costs may apply. You must comply with such additional terms: for instance, if the Product is featuring a VoIP application, then You must comply with the associated wireless data service agreement when using the Product. Please review such additional terms and costs carefully.
1.2 You shall not, directly or indirectly: (i) sell, rent out, lease, license, distribute, market, exploit the Product or any of its parts commercially, (ii) reverse engineer, decompile, disassemble, adapt, reproduce, or create derivate works of this Product (except if the Product enable You through a specific feature to create, generate or submit User Generated Content and for which You will need to create an Account and comply Terms of Use), in whole or in part; (iii) create, use and/or distribute “auto”, “trainer”, “script” or “macro” computer programs or other “cheat” or “hack” programs or software applications for this Product (whether in an online multiplayer game or in a single player game over the internet or in local area network); (iv) remove, alter, disable or circumvent any copyright and trademark indications or other authorship and origin information, notices or labels contained on or within this Product and (v) export or re-export this Product or any copy of adaptation in violation of any applicable laws or regulations.
1.3 While using the Product, You agree to comply will all applicable laws, rules and regulations. You also agree to comply with certain rules of conduct that govern Your use of the Product (“Rules of Conduct”), which are not meant to be exhaustive and can be modified at any time by the Company. In all cases, You may only use the Product according to anticipated use of the Product.
For example, and without limiting the Company’s rights to take action against You, You may not:
a. create, use, share and/or publish by any means in relation to the Product any material (text, words, images, sounds, videos, etc.) which would breach of a duty of confidentiality, infringe any intellectual property right or an individual’s right to privacy or which would incite the committing of an unlawful act (in particular, piracy, cracking or circulation of counterfeit software);
b. modify, distort, block, abnormally burden, disrupt, slow down and/or hinder the normal functioning of all or part of the Product, or their accessibility to other users, or the functioning of the partner networks of the Product, or attempt to do any of the above;
c. transmit or propagate any virus, trojan horse, worm, bomb, corrupted file and/or similar destructive device or corrupted data in relation to the Product, and/or organise, participate in or be involved in any way in an attack on the Company’s servers and/or the Product and/or those of its service providers and partners;
d. create, supply or use alternative methods of using the Products, for example server emulators;
e. spamming chat, whether for personal or commercial purposes, by disrupting the flow of conversation with repeated postings of a similar nature;
f. transmitting or communicating any material or content which, in the sole and exclusive discretion of the Company, is believed or deemed offensive, including, but not limited to, language that is harmful, threatening, unlawful, abusive, harassing, defamatory, disparaging, obscene, sexually explicit, or racially, ethnically, or otherwise objectionable;
g. harassing or threatening any other users in the Product;
h. make inappropriate use of the help service or the claim buttons or send untruthful reports to members of the Company’s personnel;
i. falsely claim to be an employee or representative of the Company or its partners and/or agents;
j. falsely claim an endorsement in connection with the Product or with the Company.
2. OWNERSHIP
All title, ownership rights and intellectual property rights in and to the Product (including, without limitation, all text, graphics, music or sounds, all messages or items of information, fictional characters, names, themes, objects, scenery, costumes, effects, dialogues, slogans, places, characters, diagrams, concepts, choreographies, videos, audio-visual effects, domain names and any other elements which are part of the Product, individually or in combination) and any and all copies thereof are owned by the Company or its licensors. The Product is protected by national and international laws, copyright treaties and conventions and other laws. This Product may contain certain licensed materials and, in that event, the Company’s licensors may protect their rights in the event of any violation of this Agreement. Any reproduction or representation of these licensed materials in any way and for any reason is prohibited without the Company’s prior permission and, if applicable, the Company’s licensors’ and representatives’. Exceptas expressly set forth in this EULA, all rights not granted hereunder to You are expressly reserved by the Company.
This License confers no title or ownership in the Product and should not be construed as a sale of any rights in the Product.
3. RESTRICTIONS AND ACCESS TO THE PRODUCT
3.1 You may not reverse engineer, resell, sub-license, or circumvent DRM and/or the Product other than as expressly permitted by applicable law.
3.2 THE PRODUCT MAY BE PROTECTED BY DIGITAL RIGHTS MANAGEMENT SOFTWARE (“DRM SOFTWARE”). IN SUCH CASE, YOU HEREBY AGREE, ACKNOWLEDGE AND CONSENT TO THE FOLLOWING REGARDING THE DRM SOFTWARE: (I) THE INSTALLATION OF THE PRODUCT WILL CAUSE THE DRM SOFTWARE TO BE INSTALLED ON YOUR COMPUTER; (II) THE DRM SOFTWARE MAY LIMIT THE NUMBER OF INSTALLATIONS OF THE PRODUCT; (III) THE DRM SOFTWARE MAY INSTALL ON YOUR COMPUTER ADDITIONAL COMPONENTS REQUIRED FOR COPY PROTECTION; AND (IV) DURING THE INSTALLATION AND/OR THE FIRST LAUNCH OF THE PRODUCT, AN ONLINE CONNECTION MAY BE REQUIRED TO UNLOCK THE PRODUCT THROUGH THE DRM SOFTWARE. IN NO EVENT SHALL THE COMPANY BE LIABLE IN CONNECTION WITH THE COMPONENTS THAT MAY BE INSTALLED ON YOUR COMPUTER BY ANY DRM SOFTWARE. FOR FURTHER INFORMATION, PLEASE VISIT THE WEBSITE OF THE DRM SOFTWARE APPEARING DURING THE INSTALLATION OF THE PRODUCT. AN INTERNET CONNECTION, THIRD PARTY ACCOUNTS AND INSTALLATION OF ADDITIONAL SOFTWARE MAY BE REQUIRED TO USE THE PRODUCT. RESTRICTIONS BASED UPON AGE MAY BE IMPOSED TO ACCESS ONLINE SERVICES AND FEATURES IN COMPLIANCE WITH LOCAL LAWS.
3.3 Some Products require internet access, accounts, or third‑party integrations which are not the responsibility of the Company. If You are using the Product on a Compatible Mobile Terminal, this Section 3.3 is applicable to You and to Your use of the Product:
For this EULA, “Compatible Mobile Terminal” designates any portable device capable of connecting to Internet to access the Products. The term Compatible Mobile Terminals covers in particular feature phones, smartphones, tablet computers, and personal digital assistants (PDAs).
a. Product Access. To use the Product on a Compatible Mobile Terminal, You must have access to an electronic communication network. The connection costs (including but not limited to mobile providers’ and/or carriers’ costs), shall be exclusively borne by You. You acknowledge that the quality of the Products, the response time or access to certain features may depend on the capacities of Your Compatible Mobile Terminal and of the electronic communication network. The Company may in no case be held responsible for reduced user comfort. You acknowledge that the Product may not be available for use on all mobile devices or through all carriers or network service providers.
b. Collection of personal data: In order to provide You with a better game experience, adapted services and Product support, the Company may collect and store data about You in relation to Your use of the Product, Your connection information and/or Your Compatible Mobile Terminal. Certain data is recorded, archived, analysed and used to create user statistics. Your privacy is very important to the Company and the Company will not reveal Your personal data to third parties except when expressly authorised by You to do so or in special circumstances. the Company may be under a duty to disclose or share Your personal data in order to comply with a legal obligation, or in order to protect the Company’s rights and those of other users and third parties. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction. In addition, the Company reserves the right to collect, store and use anonymous data about You. For further information concerning the Company’s use of Your personal data, please refer to the Privacy Policy.
c. Analytics Tools and Ad Serving Technology. The Company or its licensors may use third party analytics tools to collect information concerning Your and other users’ gaming habits and use of the Product. The information collected may contain the following, without limitation: mobile device unique identity or other device identifiers and settings, carrier, operating system, localization information, date and time spent on the Product, game scores, game metrics and statistics, feature usage, advertising conversion rates, monetization rate, purchase history and other similar information. The Company uses third party ad serving technologies that may collect information as a result of ad serving in the Product and that may temporarily display advertisements in the Product. The information collected and used for the targeted advertising may contain the following, without limitation: age and gender, number views of an advertisement, mobile device unique identity or other device identifiers and settings, information about Your use of the Product, Compatible Mobile Terminal, and other Internet sites (including third party web pages and mobile Internet sites) viewed by You (as well as date and time viewed), advertisement(s) served, the advertisement(s)’ in game location and length, and Your response to the advertisement(s) (if any). The analytics tools and ad serving technologies may use server log files, web beacons, cookies, tracking pixels and other technologies to collect said information and may combine the information collected on other the Company Products and services with information collected from other third party websites and mobile products and services and with demographic, advertisement, market and other analytics surveys. Standing alone, this information is not personal data; however, if the Company combines any of this information with personal data, the Company will treat this information as personal data pursuant to our Privacy Policy.
4. CONSENT TO MONITOR.
When You are using the Product, the Product may monitor Your hardware random access memory (RAM) for unauthorized third party programs that interact with the Product. In the event that the Product detects such an unauthorized third party program, information may be communicated back to the Company, including the name of your Account, your internet protocol (IP) address, details about the unauthorized third party program detected, and the time and date that the unauthorized third party program was detected, along with the hardware specifications and performance characteristics of Your hardware, with or without additional notice to You. If the Product detects the use of an unauthorized third party program, this License and Your access to the Product may be terminated with or without additional notice to You.
However, please note that the Company is not responsible for and does not endorse the opinions, advice and/or recommendations displayed or sent by You in the Product, including in game chats. Such communications are the sole responsibility of the user in question.
5. UPDATES & PATCHES
We may provide mandatory or optional updates to the Products from time to time.
6. WARRANTY DISCLAIMER, LIMITATION OF LIABILITY.
YOU EXPRESSLY ACKNOWLEDGE THAT USE OF THE PRODUCT IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE PRODUCT IS SUPPLIED ON AN “AS IS” AND “AS AVAILABLE“ BASIS. THE COMPANY’S LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS DO NOT MAKE AND HEREBY DISCLAIM ANY GUARANTEES, CONDITIONS, WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY OR OTHER TERMS INCLUDING AS TO: (A) ITS CONFORMITY, ACCURACY, CURRENTNESS, COMPLETENESS, RELIABILITY OR SECURITY (B) ITS SUITABILITY FOR A PARTICULAR USE; (C) IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT; (D) ITS MARKET VALUE; OR (E) YOUR SATISFACTION. THE COMPANY DOES NOT WARRANT THAT THE PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PRODUCT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR SELECTING THE PRODUCT TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE PRODUCT.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT WILL THE COMPANY’S LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS BE LIABLE FOR LOSS OR DAMAGE SUFFERED IN CONNECTION WITH THE USE OF THE PRODUCT OR ANY RELATED THIRD PARTY SERVICE. THIS INCLUDES WITHOUT LIMITATION (A) ALL LOSSES OF ANY KIND, WHETHER IN TORT (INCLUDING FOR NEGLIGENCE OR BREACH OF STATUTORY DUTY), CONTRACT, MISREPRESENTATION (WHETHER INNOCENT OR NEGLIGENT) OR OTHERWISE, (B) DIRECT LOSS; (C) ACCIDENTAL LOSS, (D) INCIDENTAL LOSS, (E) CONSEQUENTIAL LOSS, AND (F) INDIRECT LOSS.
NOTWITHSTANDING THE AFOREMENTIONED LIMITATIONS OF LIABILITY, YOUR SOLE REMEDY IN THE EVENT OF A DISPUTE WITH THE COMPANY OR ITS LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS IS TO CEASE TO USE THE PRODUCT; AND IF APPLICABLE, SEEK DAMAGES FOR YOUR LOSSES. FOR ANY PRODUCT PURCHASED FOR USE ON A COMPATIBLE MOBILE TERMINAL THAT WOULD NOT MEET THE APPLICABLE LEGAL WARRANTIES, THE COMPANY’S LIABILITY IS LIMITED TO THE REFUND (DIRECTLY OR INDIRECTLY THROUGH ITS CHANNEL PARTNERS OR ASSOCIATED SERVICE PROVIDERS) OF THE PURCHASE PRICE OF THE PRODUCT. IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS BE LIABLE FOR DAMAGES IN EXCESS OF ANY AMOUNT YOU HAVE PAID TO THE COMPANY FOR THE PRODUCT DURING THE TWELVE (12) MONTHS IMMEDIATELY PRIOR TO THE TIME YOUR CAUSE OF ACTION AROSE.
NOTHING IN THIS SECTION 6 SHALL AFFECT THE COMPANY’S LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM THE COMPANY’S NEGLIGENCE, FOR FRAUD OR FRAUDULENT MISREPRESENTATION, NOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
FOR PURPOSES OF THIS SECTION 6, THE COMPANY’S LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS ARE THIRD PARTY BENEFICIARIES TO THE LIMITATIONS OF LIABILITY SPECIFIED HEREIN AND THEY MAY ENFORCE THIS EULA AGAINST YOU.
7. REFUNDS AND COMPANY CONTACT DETAILS
Refunds will only be given to the extent approved by the Company where required under applicable UK consumer protection laws.
Requests shall be requested in writing to the followingfollows:
- Email: [email protected] [and we may refuse refunds where:
- content has been accessed, downloaded, or used,
- the request falls outside of your statutory rights.
Contact details for customer service at the Company are as follows:
- email: [email protected]
Telephone (manned between) 9am and 5pm GMT on the following days: Monday – Friday.
8. CHARGEBACKS
Unauthorised chargebacks may result in:
- suspension of your account,
- removal of licences,
- recovery actions.
If you believe a payment is incorrect, contact us before initiating a chargeback.
9. CHANGES TO THIS EULA OR THE PRODUCT
The Company reserves the right, in its sole and absolute discretion, to revise, update, change, modify, add to, supplement, or delete certain terms of this EULA for security, legal, best practice or regulatory reasons. Such changes will be effective with or, as applicable, without prior notice to You. You can review the most current version of this EULA by clicking on the “EULA” link located on the Product or on https://uient.com. You are responsible for checking this EULA periodically for changes. If any future changes to this EULA are unacceptable to You or cause You to no longer be in agreement or compliance with this EULA, You may terminate this EULA in accordance with Section 8 and must immediately uninstall the Product and destroy all copies of the Product. Your continued use of the Product following any revision to this EULA constitutes Your complete and irrevocable acceptance of any and all such changes.
The Company may modify the Product for any reason or without any specific reason, at any time and at its entire discretion, in particular for technical reasons such as updates, maintenance operations and/or resets to improve and/or optimize the Product. You agree that the Product may install or download the modifications automatically. You agree that the Company may stop to support previous versions of the Product upon availability of an updated version. The Company’s channel partners and associated service providers shall have no obligation to furnish any maintenance or customer support with respect to the Product. The Company also reserves the right to amend the Rules of Conduct set out in Section 1 to place limits on the use of the Product.
10. ACCESSIBILITY
We aim to make the Store accessible to all users and follow WCAG 2.1 AA guidelines. Contact [email protected] for assistance.
11. TERMINATION
The EULA is effective from the earlier of the date You purchase, download or use the Product, until terminated according to its terms. You and the Company (or its licensors) may terminate this EULA, at any time, for any reason. Termination by the Company will be effective upon (a) notice to You or (b) termination of Your Company Account (if any) or (c) at the time of the Company’s decision to discontinue offering and/or supporting the Product. This EULA will terminate automatically if You fail to comply with any of the terms and conditions of this EULA. Upon termination for any reason, You must immediately uninstall the Product and destroy all copies of the Product in Your possession.
We may suspend or terminate this EULA in the event the user breaches the terms of this EULA.
12. MISCELLANEOUS
12.1 No Waiver. No failure or delay by the Company (or its licensors) to exercise any right or remedy provided under this EULA or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy. Waiver of a right or remedy may be considered to have taken place only after signing of a written statement to this effect by U&I Entertainment Limited or by the User.
12.2 Governing Law. To the extent permitted by applicable law, this EULA, and any disputes or claims arising out of or in connection with it, or its subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with the laws of England and Wales.
This EULA sets out the basis on which the Companies makes the Product available to the Customer and how the Customer may use it. By downloading or accessing the Products in any way (whether as part of the creation of an account or not and whether on any Company or Third-Party Platform), the Customer confirms that they are 18 years of age or over and have read and accept the terms of this EULA , or if the Customer is younger than 18, their parent or legal guardian has read and accepted the terms of this EULA. The Company may immediately terminate this EULA and stop the Customer's access to the Product if the Company is not satisfied that such acceptance by the parent or legal guardian has been given. The Customer and their parent(s) or legal guardian(s) must review the terms of this EULA together. Parents and legal guardians are responsible for the acts of children under 18 years of age when using a Product.
* BY CLICKING ON THE RELEVANT AFFIRMATIVE BUTTON (E.G. YES, ACCEPT, ETC), OR BY ACCESSING, DOWNLOADING OR INSTALLING THE PRODUCT OR OTHERWISE USING THE PRODUCT OR RELATED GAME IN ANY WAY, THE CUSTOMER AGREES TO THE TERMS OF THIS EULA (AND ALL TERMS INCORPORATED BY REFERENCE) AND ACKNOWLEDGES THAT SUCH EULA TERMS ARE LEGALLY BINDING.
* IF THE CUSTOMER DOES NOT AGREE TO THE TERMS OF THIS EULA, THE CUSTOMER SHALL CLICK THE RELEVANT NEGATIVE BUTTON (E.G. NO, REFUSE, ETC) AND/OR NOT USE THE PRODUCT IN ANY WAY. IN SUCH CIRCUMSTANCES THE COMPANY WILL NOT LICENSE THE PRODUCT TO THE CUSTOMER AND THE CUSTOMER WILL NOT BE PERMITTED TO INSTALL, DOWNLOAD, ACCESS, COPY OR USE THE PRODUCT IN ANY WAY WHATSOEVER. THE CUSTOMER'S CONTINUED USE OF THE PRODUCT IN ANY WAY (INCLUDING INSTALLATION OF THE PRODUCT), WILL INDICATE THE CUSTOMER'S ACCEPTANCE OF THE TERMS OF THIS EULA.
1. Content and Scope of the License
1.1. The Companies grant the Customer a non-exclusive, non-transferable, non-sublicensable, non-commercial, and personal license, limited in time to the term of the contract, to install and/or use the Product (hereinafter referred to as the “License”). For the avoidance of doubt, the Product may be made available to the Customer in whole or solely in parts (e.g. versions such as updates, patches, or demos where certain game modes or content is playable only) which shall be clearly set out by the Companies prior to installation/use of such Product. Under no circumstances may the Customer use the Product or this License for commercial purposes or make copies (e.g., for friends or family) without first obtaining a corresponding License from the Companies.
Please note: The Company licenses the use of the Products to the Customer on the basis of this EULA. The Company does not sell the Product to the Customer and the Company remains the owner of each Product at all times. To the extent that a Product is published via a Third-Party Platform, this EULA does not govern or change in any way the Customer's relationship with the Third-Party Platform under the Customer's applicable agreements with the Third-Party Platforms.
1.2. Certain parts of the Product may use third-party features, some of which are managed by third parties and may be subject to additional terms and conditions and/or costs. The Customer must comply with such third-parties parties' additional terms and conditions;
1.3. The Customer may not, unless expressly permitted by applicable law, either directly or indirectly (because these actions are not covered by the License):
i. sell, rent, lease, (sub)license, loan, publish, display, distribute, market, or otherwise commercially exploit the Product or parts thereof;
ii. reverse engineer, decompile, disassemble, translate, adapt, modify, merge, vary, adapt, reproduce, make alterations, combine with other programs, or create derivative works of a Product in whole or in part (unless the Product enables the Customer to create, generate, or transmit user-generated content through a specific function, for which the Customer may have to create a Customer account with the relevant Third-Party Platform and shall comply with their terms of use at all times);
iii. create, use, and/or distribute “auto,” “trainer,” “script,” or “macro” computer programs or other ‘cheat’ or “hack” programs or software applications for a Product (regardless of whether it is an online multiplayer game or a single-player game (online or offline));
iv. combine, associate, wrap-around, integrate, or align, any third-party software, components or add-on features with the Product or any part of it, in any manner whatsoever;
v. remove, alter, deactivate, or circumvent any copyright or trademark notices or other information, notices, or labels regarding authorship and origin contained on or in the Product (this applies in particular to any integrated copy protection);
vi. bypass or seek to bypass any security or technical measures (including de-obfuscating any code) relating to the Product, including by the adoption of techniques and technologies now known or hereafter developed; and
vii. export or re-export derivative products or copies thereof created in the manner described above.
1.4. All proprietary and intellectual property rights in the Product (including, but not limited to, all text, graphics, music or sounds, all messages or information, fictional characters, names, themes, objects, scenery, costumes, effects, dialogue, slogans, locations, characters, diagrams, concepts, choreography, videos, audiovisual effects, domain names, and all other elements that are part of the Product, individually or in combination) and its reproductions are the property of the Company or its licensors. The Product is protected by national and international laws, copyright treaties and conventions, and other laws. In case where there is a breach of this EULA that results in a breach of the Company's licensors' intellectual property rights, the Company's licensors shall have the right to protect their rights. Any reproduction or representation of these licensed materials in any form and for any reason is prohibited without the prior permission of the Company and, if applicable, the Company's licensors and agents. Unless expressly stated otherwise in this EULA, the Company reserves all rights not granted to the Customer herein.
1.5. Third-Party Platform Specific Terms
In addition to complying with this EULA, the Customer acknowleges and agrees to comply with the following Third-Party Platform specific terms, as applicable.
1.5.1. Nintendo
i. Use of the Product is subject to the Nintendo terms of service, available on (link), and any other Nintendo relevant policies.
ii. Online features require a Nintendo Account and may require an active Nintendo Switch Online subscription;
iii. Nintendo does not guarantee the continued availability of online services, matchmaking, leaderboards, or cloud features.
iv. Nintendo is not responsible for the content, operation, maintenance, or support of the Products.
v. Nintendo system updates may affect Product functionality.
vi. All Nintendo health and safety warnings apply.
1.5.2. PlayStation™
i. Use of the Product is subject to the PlayStation™ terms of service, available on (link), and any other Sony Interactive Entertainment/PlayStation™ relevant policies.
ii. Online features may require an account for PlayStation™ Network and PlayStation®Plus subscription.
iii. Sony Interactive Entertainment is not responsible for the Products' content, support, or maintenance.
iv. System software updates may affect functionality.
v. Sony Interactive Entertainment may collect data according to its privacy policies.
1.5.3. Xbox
i. Use of the Products is subject to the Microsoft terms of service, available on (link), and any other relevant Microsoft/Xbox policies.
ii. Online features may require an Xbox network account and subscription.
iii. Microsoft may update system software automatically.
iv. Microsoft is not responsible for the Products' content, support, or warranties.
1.5.4. Steam
Use of the Products is subject to the Steam terms of service, available on (link), and any other relevant Valve policies. Valve is not responsible for the Products' content or support.
2. DRM Software
The Product may be protected by digital rights management software (“DRM Software”). In such case, Customer hereby acknowledges, agrees, and consents to the following with respect to the DRM Software:
i. installing the Product will install the DRM Software on its console, computer or mobile device (including, in particular, feature phones, smartphones, tablet computers, and personal digital assistants) where the Customer will access the Product ("Device");
ii. the DRM Software may limit the number of installations of the Product as follows: [the Customer may only install the Product on a maximum of five (5) different Devices in a twenty-four (24) hour period];
iii. the DRM Software may install additional components on the Device that are necessary for copy protection; and
iv. during installation, and/or the first launch of the Product, an online connection may be required to activate the Product via the DRM Software.
Further information is provided to the Customer on the DRM Software website, which is displayed during the installation of the Product.
3. Need for Internet Access
3.1. Use of the Product may require an internet connection on the Device, account setup with third-party providers, including Third-Party Platforms, and the installation of additional software. Age restrictions may apply to access online services and features in accordance with local laws. For more information on youth protection, see Section 11 of this EULA.
3.2. Any connection costs (e.g., the costs of Device providers and/or network operators) are borne exclusively by the Customer. The Customer acknowledges that the quality of the Products, the response time, or access to certain functions may depend on the capabilities of the Device and the electronic communications network. The Companies cannot be held liable for reduced user comfort if this is due to the performance of the Device or the capacity of the electronic communications network.
3.3. The Customer acknowledges that the Product may not be available on all Devices or through all network operators or network service providers.
4. Payments and Subscriptions
4.1. Subject to any promotion, giveaway, offer, or partnership with a Third-Party Platform, the base version of the Products requires a one-off payment to access. Additional payments may be required to access future releases, such as paid expansion packs and paid downloadable content. The Company will announce to Customers if upcoming content requires additional payments in advance of its release.
4.3. Any refunds and cancellations are governed strictly in accordance with the terms of this EULA, in particular Section 6 below.
5. Limitation of Liability and Warranty
5.1. To the fullest extent permissible under applicable law, each Product is provided "as is" with all faults, without warranty, performance assurances or guarantees of any kind, either express or implied, including without limitation any implied warranties of condition, quality, satisfaction, uninterrupted use, merchantability, fitness for a particular purpose, or non-infringement. The Customer's use is at their sole risk. The Company, its licensors or Third-Party Platforms do not warrant that the Product will be error-free, or that the Product will interoperate or be compatible with any other product or that any errors in the Product will be corrected.
5.2. To the maximum extent permitted by applicable law, the Company, its licensors or Third-Party Platforms do not represent or warrant that access to the Product will be uninterrupted or that there will be no failures, errors or omissions or loss of transmitted information, or that no viruses will be transmitted on the Product. The Company, its licensors or Third-Party Platforms do not guarantee that the Customer will be able to access or use the Product at times or locations of their choosing, or that the Company, its licensors or Third-Party Platforms will have adequate capacity for the Product as a whole or in any specific geographic area. The Customer acknowledges and agrees that they will be responsible for compliance with all applicable local laws in the location they access or use the Product.
5.3. To the maximum extent permissible by law the Company's total liability, whether arising in contract, tort, strict liability or otherwise and including liability for losses, costs, expenses or damages shall not exceed (in the aggregate) an amount equivalent to the fees, whether subscription, one-off or otherwise, relating to the Game, actually paid by the Customer to the Company during the twelve (12) months prior to the date of the cause of action first arising.
5.4. The Customer acknowledges and agrees that the Product has not been developed to meet their individual requirements and that it is their responsibility to ensure that the Product meets their requirements.
5.5. Nothing in this EULA shall limit or exclude the Companies' and their Affiliates' (including its vicarious agents) liability for: (a) death or injury to life, limb, or health, (b) to intentional acts, to grossly negligent acts, (c) fraud or fraudulent misrepresentation, (d) to essential contractual obligations, or (e) any other liability that cannot be excluded or limited by law.
5.6. The Companies shall only be liable for moderate or slight negligence. The Companies' liability is limited to the purchase price of the Product or the amount that the Customer has paid in total within the last twelve (12) months prior to the damage.
5.7. Third-Party Platforms' liability
i. Nintendo shall not be liable for any claims airising from use of the Software.
ii. Sony Interactive Entertainment bears no liability for claims related to the Software.
iii. Microsoft bears no liability for claims related to the Software.
iv. Valve bears no liability.
6. Refunds
6.1. All purchases relating to the License and the Product, including virtual content, games or any other digital content or services that the Company provides are final and non-refundable except as expressly set out below and as otherwise provided under applicable law or approved by the Companies and provided that such refund is available under the applicable Third-Party Platforms terms of service.
6.2. In addition to Section 6.1, for residents in the European Union and the United Kingdom, by clicking the relevant purchase order button on the purchase interface, the Customer agrees that the Licence will be supplied and delivered to the Customer immediately before the statutory withdrawal period ends and the Customer acknowledges that they will lose the right to withdraw from the contractual purchase of the Licence once the Licence has been downloaded, streamed and/or accessed, due to the nature of the Licenses.
6.3. The Customer shall only be entitled to a refund if they reject the EULA prior to having used or accessed the Product, or at any time prior to the Company providing the Product, following its purchase by the Customer.
7. Unauthorized Chargebacks by the Customer
The Customer shall contact the relevant Company before initiating a chargeback through the contacts displayed at the end of this EULA. Unauthorized chargebacks may result in the termination and withdrawal of Licenses, and/or other collection measures.
8. Rules of Conduct
The Customer agrees to comply with the following rules of conduct governing the use of the Product (hereinafter referred to as “Rules of Conduct”).
In any case, the Customer may only use the Product in accordance with the intended use of such Product.
Without limiting the Company's rights to take action against the Customer, the Customer is prohibited, for example, from:
i. creating, using, sharing, and/or publishing materials (text, words, images, sounds, videos, etc.) in connection with the Product that infringe intellectual property rights or a person's right to privacy, or incite the commission of an illegal act (in particular piracy, cracking, or distribution of counterfeit software);
ii. modifying, distorting, blocking, abnormally overloading, disrupting, slowing down, and/or hindering the Product in whole or in part, or its accessibility to other users or the functioning of the Product's partner networks, or attempt to do so;
iii. transmitting or distributing viruses, Trojan horses, worms, bombs, corrupted files, and/or similar destructive devices or corrupted data in relation to the Product and/or organizing, participating in, or being involved in any way in attacks on the Company's or any Third-Party Platform's servers and/or the Product and/or the servers of its service providers and partners;
iv. creating, providing, or using alternative methods of using the Products, such as server emulators;
v. disrupting chats for spam purposes, whether for personal or commercial purposes, by interrupting the flow of conversation with repeated posts of a similar nature;
vi. distributing materials, content, or posts that are likely to disparage other players or even persons outside the circle of recipients of the post. This
(1) contain threats of illegal acts or threats of any other kind,
(2) contain sexually explicit content,
(3) demonstrably false factual claims,
(4) racist content or ethnic stereotypes,
(5) anti-constitutional or otherwise criminal content,
vii. using the help service or complaint buttons inappropriately or sending false reports to Company employees;
viii. falsely claiming to be an employee or representative of the Company, the Third-Party Platforms, or their partners and/or representatives and/or
ix. falsely claiming a recommendation in connection with the Product or the Company or the Third-Party Platforms.
9. Changes to this EULA and/or the Product
9.1. The Company may make changes to this EULA from time to time, for example to ensure that it remains compliant with applicable laws or to reflect any changes the Company make to its services. The updated EULA will be posted on the Company's website. The Company may also notify the Customer when the Company makes material changes to this EULA via in-game communications, email or otherwise. It is the Customer's responsibility to ensure that they check this EULA regularly for any changes before using the Products. The Customer's continued use of the Products will be deemed as acceptance of any changes the Company makes to this EULA from time to time.
9.2. The Companies may revise, update, amend, or propose a completely new EULA for security, legal, practical, or regulatory reasons. If the Companies makes a change to this EULA, the Customer will be informed of this in writing. The notification will contain the full text of the amended EULA.
9.3. The content and scope of the changes are limited to what is necessary to achieve the respective valid reason and is reasonable for the Customer, taking into account their interests. In particular, changes will not result in the removal of essential main functions that were promised at the time of conclusion of the contract or in their significant restriction without equivalent replacement.
9.4. Changes within the meaning of this Section 9 shall not result in any additional costs for the Customer.
10. Termination
10.1. Termination by the Companies
Any Company may immediately suspend, restrict or terminate the Customer's access to the Products or any part of their services and consequently suspend or terminate this EULA (and any Licenses):
i. If the Customer breaches this EULA, its Rules of Conduct or other Company's terms of service or policies;
ii. For reasons of a system failure, maintenance or repair or due to events beyond the Companies' reasonable control.
iii. If the Companies decide to withdraw the Product and/or any other part of the services from the market for any reason at their sole discretion.
10.2. The Companies will use their reasonable endeavours to give the Customer reasonable notice before terminating or deleting their access to the Products. But if the Customer has seriously breached this EULA or other Company's terms of service or policies, or the Customer has been issued with previous warnings, any Company may immediately terminate this EULA. Under such circumstances the Companies will notify the Customer in writing by email or within the Product as appropriate and the License
11. Data Protection
Customer personal data may be
This EULA sets out the basis on which the Company makes the Products
12. Final provisions
12.1. No Waiver
The failure or delay of the Companies (or their licensors) in exercising any right or remedy under this EULA or applicable law shall not constitute a waiver of that or any other right or remedy and shall not preclude or restrict the further exercise of that or any other right or remedy. The single or partial exercise of any such right or remedy shall not preclude or limit the further exercise of that or any other right or remedy. The waiver of any right or remedy shall only be deemed to have been made when the Companies or the Customer have signed a corresponding written statement.
12.2. Applicable Law and Jurisdiction
This EULA is governed exclusively by English law, excluding the UN Convention on Contracts for the International Sale of Goods. Any dispute arising out of this EULA or in connection herewith shall be subject to the exclusive jurisdiction of the English courts, unless otherwise set out by applicable laws.
12.3. Severability
Should any provision of this EULA be or become legally invalid, this shall not affect the remaining content of the EULA.
12.4. Company Contact Details
The
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1. LICENCE GRANT
the Company (or its licensors) grants You a non-exclusive, non-transferable, non-sublicensed, non-commercial and personal license to install and/or use the Product (in whole or in part) (the “License”),
As applicable, certain parts of the Product may be using third party features, some of which
1.2 You shall not, directly or indirectly: (i) sell, rent out, lease, license, distribute, market, exploit the Product or any of its parts commercially, (ii) reverse engineer, decompile, disassemble, adapt, reproduce, or create derivate works of this Product (except if the Product enable You through a specific feature to create, generate or submit User Generated Content and for which You will need to create an Account and comply Terms of Use), in whole or in part; (iii) create, use and/or distribute “auto”, “trainer”, “script” or “macro” computer programs or other “cheat” or “hack” programs or software applications for this Product (whether in an online multiplayer game or in a single player game over the internet or in local area network); (iv) remove, alter, disable or circumvent any copyright and trademark indications or other authorship and origin information, notices or labels contained on or within this Product and (v) export or re-export this Product or any copy of adaptation in violation of any applicable laws or regulations.
1.3 While using the Product, You agree to comply will all applicable laws, rules and regulations. You also agree to comply with certain rules of conduct that govern Your use of the Product (“Rules of Conduct”), which are not meant to be exhaustive and can be modified at any time by the Company. In all cases, You may only use the Product according to anticipated use of the Product.
For example, and without limiting the Company’s rights to take action against You, You may not:
a. create, use, share and/or publish by any means in relation to the Product any material (text, words, images, sounds, videos, etc.) which would breach of a duty of confidentiality, infringe any intellectual property right or an individual’s right to privacy or which would incite the committing of an unlawful act (in particular, piracy, cracking or circulation of counterfeit software);
b. modify, distort, block, abnormally burden, disrupt, slow down and/or hinder the normal functioning of all or part of the Product, or their accessibility to other users, or the functioning of the partner networks of the Product, or attempt to do any of the above;
c. transmit or propagate any virus, trojan horse, worm, bomb, corrupted file and/or similar destructive device or corrupted data in relation to the Product, and/or organise, participate in or be involved in any way in an attack on the Company’s servers and/or the Product and/or those of its service providers and partners;
d. create, supply or use alternative methods of using the Products, for example server emulators;
e. spamming chat, whether for personal or commercial purposes, by disrupting the flow of conversation with repeated postings of a similar nature;
f. transmitting or communicating any material or content which, in the sole and exclusive discretion of the Company, is believed or deemed offensive, including, but not limited to, language that is harmful, threatening, unlawful, abusive, harassing, defamatory, disparaging, obscene, sexually explicit, or racially, ethnically, or otherwise objectionable;
g. harassing or threatening any other users in the Product;
h. make inappropriate use of the help service or the claim buttons or send untruthful reports to members of the Company’s personnel;
i. falsely claim to be an employee or representative of the Company or its partners and/or agents;
j. falsely claim an endorsement in connection with the Product or with the Company.
2. OWNERSHIP
All title, ownership rights and intellectual property rights in and to the Product (including, without limitation, all text, graphics, music or sounds, all messages or items of information, fictional characters, names, themes, objects, scenery, costumes, effects, dialogues, slogans, places, characters, diagrams, concepts, choreographies, videos, audio-visual effects, domain names and any other elements which are part of the Product, individually or in combination) and any and all copies thereof are owned by the Company or its licensors. The Product is protected by national and international laws, copyright treaties and conventions and other laws. This Product may contain certain licensed materials and, in that event, the Company’s licensors may protect their rights in the event of any violation of this Agreement. Any reproduction or representation of these licensed materials in any way and for any reason is prohibited without the Company’s prior permission and, if applicable, the Company’s licensors’ and representatives’. Except
This License confers no title or ownership in the Product and should not be construed as a sale of any rights in the Product.
3. RESTRICTIONS AND ACCESS TO THE PRODUCT
3.1 You may not reverse engineer, resell, sub-license, or circumvent DRM and/or the Product other than as expressly permitted by applicable law.
3.2 THE PRODUCT MAY BE PROTECTED BY DIGITAL RIGHTS MANAGEMENT SOFTWARE (“DRM SOFTWARE”). IN SUCH CASE, YOU HEREBY AGREE, ACKNOWLEDGE AND CONSENT TO THE FOLLOWING REGARDING THE DRM SOFTWARE: (I) THE INSTALLATION OF THE PRODUCT WILL CAUSE THE DRM SOFTWARE TO BE INSTALLED ON YOUR COMPUTER; (II) THE DRM SOFTWARE MAY LIMIT THE NUMBER OF INSTALLATIONS OF THE PRODUCT; (III) THE DRM SOFTWARE MAY INSTALL ON YOUR COMPUTER ADDITIONAL COMPONENTS REQUIRED FOR COPY PROTECTION; AND (IV) DURING THE INSTALLATION AND/OR THE FIRST LAUNCH OF THE PRODUCT, AN ONLINE CONNECTION MAY BE REQUIRED TO UNLOCK THE PRODUCT THROUGH THE DRM SOFTWARE. IN NO EVENT SHALL THE COMPANY BE LIABLE IN CONNECTION WITH THE COMPONENTS THAT MAY BE INSTALLED ON YOUR COMPUTER BY ANY DRM SOFTWARE. FOR FURTHER INFORMATION, PLEASE VISIT THE WEBSITE OF THE DRM SOFTWARE APPEARING DURING THE INSTALLATION OF THE PRODUCT. AN INTERNET CONNECTION, THIRD PARTY ACCOUNTS AND INSTALLATION OF ADDITIONAL SOFTWARE MAY BE REQUIRED TO USE THE PRODUCT. RESTRICTIONS BASED UPON AGE MAY BE IMPOSED TO ACCESS ONLINE SERVICES AND FEATURES IN COMPLIANCE WITH LOCAL LAWS.
3.3 Some Products require internet access, accounts, or third‑party integrations which are not the responsibility of the Company. If You are using the Product on a Compatible Mobile Terminal, this Section 3.3 is applicable to You and to Your use of the Product:
For this EULA, “Compatible Mobile Terminal” designates any portable device capable of connecting to Internet to access the Products. The term Compatible Mobile Terminals covers in particular feature phones, smartphones, tablet computers, and personal digital assistants (PDAs).
a. Product Access. To use the Product on a Compatible Mobile Terminal, You must have access to an electronic communication network. The connection costs (including but not limited to mobile providers’ and/or carriers’ costs), shall be exclusively borne by You. You acknowledge that the quality of the Products, the response time or access to certain features may depend on the capacities of Your Compatible Mobile Terminal and of the electronic communication network. The Company may in no case be held responsible for reduced user comfort. You acknowledge that the Product may not be available for use on all mobile devices or through all carriers or network service providers.
b. Collection of personal data: In order to provide You with a better game experience, adapted services and Product support, the Company may collect and store data about You in relation to Your use of the Product, Your connection information and/or Your Compatible Mobile Terminal. Certain data is recorded, archived, analysed and used to create user statistics. Your privacy is very important to the Company and the Company will not reveal Your personal data to third parties except when expressly authorised by You to do so or in special circumstances. the Company may be under a duty to disclose or share Your personal data in order to comply with a legal obligation, or in order to protect the Company’s rights and those of other users and third parties. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction. In addition, the Company reserves the right to collect, store and use anonymous data about You. For further information concerning the Company’s use of Your personal data, please refer to the Privacy Policy.
c. Analytics Tools and Ad Serving Technology. The Company or its licensors may use third party analytics tools to collect information concerning Your and other users’ gaming habits and use of the Product. The information collected may contain the following, without limitation: mobile device unique identity or other device identifiers and settings, carrier, operating system, localization information, date and time spent on the Product, game scores, game metrics and statistics, feature usage, advertising conversion rates, monetization rate, purchase history and other similar information. The Company uses third party ad serving technologies that may collect information as a result of ad serving in the Product and that may temporarily display advertisements in the Product. The information collected and used for the targeted advertising may contain the following, without limitation: age and gender, number views of an advertisement, mobile device unique identity or other device identifiers and settings, information about Your use of the Product, Compatible Mobile Terminal, and other Internet sites (including third party web pages and mobile Internet sites) viewed by You (as well as date and time viewed), advertisement(s) served, the advertisement(s)’ in game location and length, and Your response to the advertisement(s) (if any). The analytics tools and ad serving technologies may use server log files, web beacons, cookies, tracking pixels and other technologies to collect said information and may combine the information collected on other the Company Products and services with information collected from other third party websites and mobile products and services and with demographic, advertisement, market and other analytics surveys. Standing alone, this information is not personal data; however, if the Company combines any of this information with personal data, the Company will treat this information as personal data pursuant to our Privacy Policy.
4. CONSENT TO MONITOR.
When You are using the Product, the Product may monitor Your hardware random access memory (RAM) for unauthorized third party programs that interact with the Product. In the event that the Product detects such an unauthorized third party program, information may be communicated back to the Company, including the name of your Account, your internet protocol (IP) address, details about the unauthorized third party program detected, and the time and date that the unauthorized third party program was detected, along with the hardware specifications and performance characteristics of Your hardware, with or without additional notice to You. If the Product detects the use of an unauthorized third party program, this License and Your access to the Product may be terminated with or without additional notice to You.
However, please note that the Company is not responsible for and does not endorse the opinions, advice and/or recommendations displayed or sent by You in the Product, including in game chats. Such communications are the sole responsibility of the user in question.
5. UPDATES & PATCHES
We may provide mandatory or optional updates to the Products from time to time.
6. WARRANTY DISCLAIMER, LIMITATION OF LIABILITY.
YOU EXPRESSLY ACKNOWLEDGE THAT USE OF THE PRODUCT IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE PRODUCT IS SUPPLIED ON AN “AS IS” AND “AS AVAILABLE“ BASIS. THE COMPANY’S LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS DO NOT MAKE AND HEREBY DISCLAIM ANY GUARANTEES, CONDITIONS, WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY OR OTHER TERMS INCLUDING AS TO: (A) ITS CONFORMITY, ACCURACY, CURRENTNESS, COMPLETENESS, RELIABILITY OR SECURITY (B) ITS SUITABILITY FOR A PARTICULAR USE; (C) IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT; (D) ITS MARKET VALUE; OR (E) YOUR SATISFACTION. THE COMPANY DOES NOT WARRANT THAT THE PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PRODUCT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR SELECTING THE PRODUCT TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE PRODUCT.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT WILL THE COMPANY’S LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS BE LIABLE FOR LOSS OR DAMAGE SUFFERED IN CONNECTION WITH THE USE OF THE PRODUCT OR ANY RELATED THIRD PARTY SERVICE. THIS INCLUDES WITHOUT LIMITATION (A) ALL LOSSES OF ANY KIND, WHETHER IN TORT (INCLUDING FOR NEGLIGENCE OR BREACH OF STATUTORY DUTY), CONTRACT, MISREPRESENTATION (WHETHER INNOCENT OR NEGLIGENT) OR OTHERWISE, (B) DIRECT LOSS; (C) ACCIDENTAL LOSS, (D) INCIDENTAL LOSS, (E) CONSEQUENTIAL LOSS, AND (F) INDIRECT LOSS.
NOTWITHSTANDING THE AFOREMENTIONED LIMITATIONS OF LIABILITY, YOUR SOLE REMEDY IN THE EVENT OF A DISPUTE WITH THE COMPANY OR ITS LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS IS TO CEASE TO USE THE PRODUCT; AND IF APPLICABLE, SEEK DAMAGES FOR YOUR LOSSES. FOR ANY PRODUCT PURCHASED FOR USE ON A COMPATIBLE MOBILE TERMINAL THAT WOULD NOT MEET THE APPLICABLE LEGAL WARRANTIES, THE COMPANY’S LIABILITY IS LIMITED TO THE REFUND (DIRECTLY OR INDIRECTLY THROUGH ITS CHANNEL PARTNERS OR ASSOCIATED SERVICE PROVIDERS) OF THE PURCHASE PRICE OF THE PRODUCT. IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS BE LIABLE FOR DAMAGES IN EXCESS OF ANY AMOUNT YOU HAVE PAID TO THE COMPANY FOR THE PRODUCT DURING THE TWELVE (12) MONTHS IMMEDIATELY PRIOR TO THE TIME YOUR CAUSE OF ACTION AROSE.
NOTHING IN THIS SECTION 6 SHALL AFFECT THE COMPANY’S LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM THE COMPANY’S NEGLIGENCE, FOR FRAUD OR FRAUDULENT MISREPRESENTATION, NOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
FOR PURPOSES OF THIS SECTION 6, THE COMPANY’S LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS ARE THIRD PARTY BENEFICIARIES TO THE LIMITATIONS OF LIABILITY SPECIFIED HEREIN AND THEY MAY ENFORCE THIS EULA AGAINST YOU.
7. REFUNDS AND COMPANY CONTACT DETAILS
Refunds will only be given to the extent approved by the Company where required under applicable UK consumer protection laws.
Requests shall be requested in writing to the following
- Email: [email protected]
- content has been accessed, downloaded, or used,
- the request falls outside of your statutory rights.
Contact details for customer service at the Company are as follows:
- email: [email protected]
Telephone (manned between) 9am and 5pm GMT on the following days: Monday – Friday.
8. CHARGEBACKS
Unauthorised chargebacks may result in:
- suspension of your account,
- removal of licences,
- recovery actions.
If you believe a payment is incorrect, contact us before initiating a chargeback.
9. CHANGES TO THIS EULA OR THE PRODUCT
The Company reserves the right, in its sole and absolute discretion, to revise, update, change, modify, add to, supplement, or delete certain terms of this EULA for security, legal, best practice or regulatory reasons. Such changes will be effective with or, as applicable, without prior notice to You. You can review the most current version of this EULA by clicking on the “EULA” link located on the Product or on https://uient.com. You are responsible for checking this EULA periodically for changes. If any future changes to this EULA are unacceptable to You or cause You to no longer be in agreement or compliance with this EULA, You may terminate this EULA in accordance with Section 8 and must immediately uninstall the Product and destroy all copies of the Product. Your continued use of the Product following any revision to this EULA constitutes Your complete and irrevocable acceptance of any and all such changes.
The Company may modify the Product for any reason or without any specific reason, at any time and at its entire discretion, in particular for technical reasons such as updates, maintenance operations and/or resets to improve and/or optimize the Product. You agree that the Product may install or download the modifications automatically. You agree that the Company may stop to support previous versions of the Product upon availability of an updated version. The Company’s channel partners and associated service providers shall have no obligation to furnish any maintenance or customer support with respect to the Product. The Company also reserves the right to amend the Rules of Conduct set out in Section 1 to place limits on the use of the Product.
10. ACCESSIBILITY
We aim to make the Store accessible to all users and follow WCAG 2.1 AA guidelines. Contact [email protected] for assistance.
11. TERMINATION
The EULA is effective from the earlier of the date You purchase, download or use the Product, until terminated according to its terms. You and the Company (or its licensors) may terminate this EULA, at any time, for any reason. Termination by the Company will be effective upon (a) notice to You or (b) termination of Your Company Account (if any) or (c) at the time of the Company’s decision to discontinue offering and/or supporting the Product. This EULA will terminate automatically if You fail to comply with any of the terms and conditions of this EULA. Upon termination for any reason, You must immediately uninstall the Product and destroy all copies of the Product in Your possession.
We may suspend or terminate this EULA in the event the user breaches the terms of this EULA.
12. MISCELLANEOUS
12.1 No Waiver. No failure or delay by the Company (or its licensors) to exercise any right or remedy provided under this EULA or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy. Waiver of a right or remedy may be considered to have taken place only after signing of a written statement to this effect by U&I Entertainment Limited or by the User.
12.2 Governing Law. To the extent permitted by applicable law, this EULA, and any disputes or claims arising out of or in connection with it, or its subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with the laws of England and Wales.
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END USER LICENCE AGREEMENT
This End User License Agreement (hereinafter referred to as “EULA”), together with our Privacy Policy, governs the use of the video game, application, software, associated upgrades, add-ons (e.g. DLCs), patches, and updates, as well as the associated services (collectively referred to as the “Product”) currently provided or to be provided by U&I Entertainment Limited or one of its subsidiaries or affiliates, including Flashpoint Germany GmbH, Sidewalk Games LLC and Sidewalk Games Ltd (collectively referred to as the “Company(ies)”) and licensed by a customer (the "Customer"), whether published directly by the Company or via a video game platform, store or system (including, for the avoidance of doubt, console, mobile and cloud-based) operated by a third-party, including without limitation the following: Nintendo Switch systems authorised by Nintendo, PlayStation systems authorised by Sony Interactive Entertainment, Xbox systems authorised by Microsoft, and the Steam platform operated by Valve (each a "Third-Party Platform"). The Companies have licensed their Products to the Third-Party Platforms, which issues sublicenses to the Customer through this EULA.<br><br>This EULA sets out the basis on which the Companies makes the Product available to the Customer and how the Customer may use it. By downloading or accessing the Products in any way (whether as part of the creation of an account or not and whether on any Company or Third-Party Platform), the Customer confirms that they are 18 years of age or over and have read and accept the terms of this EULA , or if the Customer is younger than 18, their parent or legal guardian has read and accepted the terms of this EULA. The Company may immediately terminate this EULA and stop the Customer's access to the Product if the Company is not satisfied that such acceptance by the parent or legal guardian has been given. The Customer and their parent(s) or legal guardian(s) must review the terms of this EULA together. Parents and legal guardians are responsible for the acts of children under 18 years of age when using a Product. <br><br>* BY CLICKING ON THE RELEVANT AFFIRMATIVE BUTTON (E.G. YES, ACCEPT, ETC), OR BY ACCESSING, DOWNLOADING OR INSTALLING THE PRODUCT OR OTHERWISE USING THE PRODUCT OR RELATED GAME IN ANY WAY, THE CUSTOMER AGREES TO THE TERMS OF THIS EULA (AND ALL TERMS INCORPORATED BY REFERENCE) AND ACKNOWLEDGES THAT SUCH EULA TERMS ARE LEGALLY BINDING.<br>* IF THE CUSTOMER DOES NOT AGREE TO THE TERMS OF THIS EULA, THE CUSTOMER SHALL CLICK THE RELEVANT NEGATIVE BUTTON (E.G. NO, REFUSE, ETC) AND/OR NOT USE THE PRODUCT IN ANY WAY. IN SUCH CIRCUMSTANCES THE COMPANY WILL NOT LICENSE THE PRODUCT TO THE CUSTOMER AND THE CUSTOMER WILL NOT BE PERMITTED TO INSTALL, DOWNLOAD, ACCESS, COPY OR USE THE PRODUCT IN ANY WAY WHATSOEVER. THE CUSTOMER'S CONTINUED USE OF THE PRODUCT IN ANY WAY (INCLUDING INSTALLATION OF THE PRODUCT), WILL INDICATE THE CUSTOMER'S ACCEPTANCE OF THE TERMS OF THIS EULA.<br> <br>1. Content and Scope of the License<br><br>1.1. The Companies grant the Customer a non-exclusive, non-transferable, non-sublicensable, non-commercial, and personal license, limited in time to the term of the contract, to install and/or use the Product (hereinafter referred to as the “License”). For the avoidance of doubt, the Product may be made available to the Customer in whole or solely in parts (e.g. versions such as updates, patches, or demos where certain game modes or content is playable only) which shall be clearly set out by the Companies prior to installation/use of such Product. Under no circumstances may the Customer use the Product or this License for commercial purposes or make copies (e.g., for friends or family) without first obtaining a corresponding License from the Companies. <br><br>Please note: The Company licenses the use of the Products to the Customer on the basis of this EULA. The Company does not sell the Product to the Customer and the Company remains the owner of each Product at all times. To the extent that a Product is published via a Third-Party Platform, this EULA does not govern or change in any way the Customer's relationship with the Third-Party Platform under the Customer's applicable agreements with the Third-Party Platforms.<br><br>1.2. Certain parts of the Product may use third-party features, some of which are managed by third parties and may be subject to additional terms and conditions and/or costs. The Customer must comply with such third-parties parties' additional terms and conditions; <br><br>1.3. The Customer may not, unless expressly permitted by applicable law, either directly or indirectly (because these actions are not covered by the License):<br><br>i. sell, rent, lease, (sub)license, loan, publish, display, distribute, market, or otherwise commercially exploit the Product or parts thereof;<br><br>ii. reverse engineer, decompile, disassemble, translate, adapt, modify, merge, vary, adapt, reproduce, make alterations, combine with other programs, or create derivative works of a Product in whole or in part (unless the Product enables the Customer to create, generate, or transmit user-generated content through a specific function, for which the Customer may have to create a Customer account with the relevant Third-Party Platform and shall comply with their terms of use at all times);<br><br>iii. create, use, and/or distribute “auto,” “trainer,” “script,” or “macro” computer programs or other ‘cheat’ or “hack” programs or software applications for a Product (regardless of whether it is an online multiplayer game or a single-player game (online or offline));<br><br>iv. combine, associate, wrap-around, integrate, or align, any third-party software, components or add-on features with the Product or any part of it, in any manner whatsoever; <br><br>v. remove, alter, deactivate, or circumvent any copyright or trademark notices or other information, notices, or labels regarding authorship and origin contained on or in the Product (this applies in particular to any integrated copy protection); <br><br>vi. bypass or seek to bypass any security or technical measures (including de-obfuscating any code) relating to the Product, including by the adoption of techniques and technologies now known or hereafter developed; and <br><br>vii. export or re-export derivative products or copies thereof created in the manner described above.<br><br>1.4. All proprietary and intellectual property rights in the Product (including, but not limited to, all text, graphics, music or sounds, all messages or information, fictional characters, names, themes, objects, scenery, costumes, effects, dialogue, slogans, locations, characters, diagrams, concepts, choreography, videos, audiovisual effects, domain names, and all other elements that are part of the Product, individually or in combination) and its reproductions are the property of the Company or its licensors. The Product is protected by national and international laws, copyright treaties and conventions, and other laws. In case where there is a breach of this EULA that results in a breach of the Company's licensors' intellectual property rights, the Company's licensors shall have the right to protect their rights. Any reproduction or representation of these licensed materials in any form and for any reason is prohibited without the prior permission of the Company and, if applicable, the Company's licensors and agents. Unless expressly stated otherwise in this EULA, the Company reserves all rights not granted to the Customer herein.<br><br>1.5. Third-Party Platform Specific Terms<br>In addition to complying with this EULA, the Customer acknowleges and agrees to comply with the following Third-Party Platform specific terms, as applicable.<br><br>1.5.1. Nintendo<br>i. Use of the Product is subject to the Nintendo terms of service, available on (link), and any other Nintendo relevant policies.<br><br>ii. Online features require a Nintendo Account and may require an active Nintendo Switch Online subscription;<br><br>iii. Nintendo does not guarantee the continued availability of online services, matchmaking, leaderboards, or cloud features.<br><br>iv. Nintendo is not responsible for the content, operation, maintenance, or support of the Products.<br><br>v. Nintendo system updates may affect Product functionality.<br><br>vi. All Nintendo health and safety warnings apply.<br><br>1.5.2. PlayStation™ <br>i. Use of the Product is subject to the PlayStation™ terms of service, available on (link), and any other Sony Interactive Entertainment/PlayStation™ relevant policies.<br><br>ii. Online features may require an account for PlayStation™ Network and PlayStation®Plus subscription.<br><br>iii. Sony Interactive Entertainment is not responsible for the Products' content, support, or maintenance.<br><br>iv. System software updates may affect functionality.<br><br>v. Sony Interactive Entertainment may collect data according to its privacy policies.<br><br>1.5.3. Xbox<br>i. Use of the Products is subject to the Microsoft terms of service, available on (link), and any other relevant Microsoft/Xbox policies.<br><br>ii. Online features may require an Xbox network account and subscription.<br><br>iii. Microsoft may update system software automatically.<br><br>iv. Microsoft is not responsible for the Products' content, support, or warranties.<br><br>1.5.4. Steam <br>Use of the Products is subject to the Steam terms of service, available on (link), and any other relevant Valve policies. Valve is not responsible for the Products' content or support.<br><br>2. DRM Software<br><br>The Product may be protected by digital rights management software (“DRM Software”). In such case, Customer hereby acknowledges, agrees, and consents to the following with respect to the DRM Software:<br><br>i. installing the Product will install the DRM Software on its console, computer or mobile device (including, in particular, feature phones, smartphones, tablet computers, and personal digital assistants) where the Customer will access the Product ("Device");<br><br>ii. the DRM Software may limit the number of installations of the Product as follows: [the Customer may only install the Product on a maximum of five (5) different Devices in a twenty-four (24) hour period];<br><br>iii. the DRM Software may install additional components on the Device that are necessary for copy protection; and<br><br>iv. during installation, and/or the first launch of the Product, an online connection may be required to activate the Product via the DRM Software.<br><br>Further information is provided to the Customer on the DRM Software website, which is displayed during the installation of the Product.<br><br>3. Need for Internet Access<br><br>3.1. Use of the Product may require an internet connection on the Device, account setup with third-party providers, including Third-Party Platforms, and the installation of additional software. Age restrictions may apply to access online services and features in accordance with local laws. For more information on youth protection, see Section 11 of this EULA. <br><br>3.2. Any connection costs (e.g., the costs of Device providers and/or network operators) are borne exclusively by the Customer. The Customer acknowledges that the quality of the Products, the response time, or access to certain functions may depend on the capabilities of the Device and the electronic communications network. The Companies cannot be held liable for reduced user comfort if this is due to the performance of the Device or the capacity of the electronic communications network. <br><br>3.3. The Customer acknowledges that the Product may not be available on all Devices or through all network operators or network service providers.<br> <br>4. Payments and Subscriptions<br><br>4.1. Subject to any promotion, giveaway, offer, or partnership with a Third-Party Platform, the base version of the Products requires a one-off payment to access. Additional payments may be required to access future releases, such as paid expansion packs and paid downloadable content. The Company will announce to Customers if upcoming content requires additional payments in advance of its release.
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PLEASE READ THIS END USER LICENCE AGREEMENT CAREFULLY.
4.2. The Products do not require a subscription (for example, where the Customer is charged a regular fee to retain access to the game), but may allow in-game transactions (beyond the one-off payment to purchase the game) for access to additional content.<br><br>4.3. Any refunds and cancellations are governed strictly in accordance with the terms of this EULA, in particular Section 6 below.<br><br>5. Limitation of Liability and Warranty<br><br>5.1. To the fullest extent permissible under applicable law, each Product is provided "as is" with all faults, without warranty, performance assurances or guarantees of any kind, either express or implied, including without limitation any implied warranties of condition, quality, satisfaction, uninterrupted use, merchantability, fitness for a particular purpose, or non-infringement. The Customer's use is at their sole risk. The Company, its licensors or Third-Party Platforms do not warrant that the Product will be error-free, or that the Product will interoperate or be compatible with any other product or that any errors in the Product will be corrected.<br><br>5.2. To the maximum extent permitted by applicable law, the Company, its licensors or Third-Party Platforms do not represent or warrant that access to the Product will be uninterrupted or that there will be no failures, errors or omissions or loss of transmitted information, or that no viruses will be transmitted on the Product. The Company, its licensors or Third-Party Platforms do not guarantee that the Customer will be able to access or use the Product at times or locations of their choosing, or that the Company, its licensors or Third-Party Platforms will have adequate capacity for the Product as a whole or in any specific geographic area. The Customer acknowledges and agrees that they will be responsible for compliance with all applicable local laws in the location they access or use the Product.<br><br>5.3. To the maximum extent permissible by law the Company's total liability, whether arising in contract, tort, strict liability or otherwise and including liability for losses, costs, expenses or damages shall not exceed (in the aggregate) an amount equivalent to the fees, whether subscription, one-off or otherwise, relating to the Game, actually paid by the Customer to the Company during the twelve (12) months prior to the date of the cause of action first arising.<br><br>5.4. The Customer acknowledges and agrees that the Product has not been developed to meet their individual requirements and that it is their responsibility to ensure that the Product meets their requirements. <br><br>5.5. Nothing in this EULA shall limit or exclude the Companies' and their Affiliates' (including its vicarious agents) liability for: (a) death or injury to life, limb, or health, (b) to intentional acts, to grossly negligent acts, (c) fraud or fraudulent misrepresentation, (d) to essential contractual obligations, or (e) any other liability that cannot be excluded or limited by law. <br><br>5.6. The Companies shall only be liable for moderate or slight negligence. The Companies' liability is limited to the purchase price of the Product or the amount that the Customer has paid in total within the last twelve (12) months prior to the damage.<br><br>5.7. Third-Party Platforms' liability<br>i. Nintendo shall not be liable for any claims airising from use of the Software.<br><br>ii. Sony Interactive Entertainment bears no liability for claims related to the Software.<br><br>iii. Microsoft bears no liability for claims related to the Software.<br><br>iv. Valve bears no liability.<br><br>6. Refunds<br><br>6.1. All purchases relating to the License and the Product, including virtual content, games or any other digital content or services that the Company provides are final and non-refundable except as expressly set out below and as otherwise provided under applicable law or approved by the Companies and provided that such refund is available under the applicable Third-Party Platforms terms of service.<br><br>6.2. In addition to Section 6.1, for residents in the European Union and the United Kingdom, by clicking the relevant purchase order button on the purchase interface, the Customer agrees that the Licence will be supplied and delivered to the Customer immediately before the statutory withdrawal period ends and the Customer acknowledges that they will lose the right to withdraw from the contractual purchase of the Licence once the Licence has been downloaded, streamed and/or accessed, due to the nature of the Licenses.<br><br>6.3. The Customer shall only be entitled to a refund if they reject the EULA prior to having used or accessed the Product, or at any time prior to the Company providing the Product, following its purchase by the Customer.<br><br>7. Unauthorized Chargebacks by the Customer<br><br>The Customer shall contact the relevant Company before initiating a chargeback through the contacts displayed at the end of this EULA. Unauthorized chargebacks may result in the termination and withdrawal of Licenses, and/or other collection measures.<br><br>8. Rules of Conduct<br><br>The Customer agrees to comply with the following rules of conduct governing the use of the Product (hereinafter referred to as “Rules of Conduct”). <br><br>In any case, the Customer may only use the Product in accordance with the intended use of such Product.<br><br>Without limiting the Company's rights to take action against the Customer, the Customer is prohibited, for example, from:<br><br>i. creating, using, sharing, and/or publishing materials (text, words, images, sounds, videos, etc.) in connection with the Product that infringe intellectual property rights or a person's right to privacy, or incite the commission of an illegal act (in particular piracy, cracking, or distribution of counterfeit software);<br><br>ii. modifying, distorting, blocking, abnormally overloading, disrupting, slowing down, and/or hindering the Product in whole or in part, or its accessibility to other users or the functioning of the Product's partner networks, or attempt to do so;<br><br>iii. transmitting or distributing viruses, Trojan horses, worms, bombs, corrupted files, and/or similar destructive devices or corrupted data in relation to the Product and/or organizing, participating in, or being involved in any way in attacks on the Company's or any Third-Party Platform's servers and/or the Product and/or the servers of its service providers and partners;<br><br>iv. creating, providing, or using alternative methods of using the Products, such as server emulators;<br><br>v. disrupting chats for spam purposes, whether for personal or commercial purposes, by interrupting the flow of conversation with repeated posts of a similar nature;<br><br>vi. distributing materials, content, or posts that are likely to disparage other players or even persons outside the circle of recipients of the post.
This
End User
includes, in particular, formal insults, but also materials, content, or posts that: <br><br>(1) contain threats of illegal acts or threats of any other kind,<br><br>(2) contain sexually explicit content,<br><br>(3) demonstrably false factual claims,<br><br>(4) racist content or ethnic stereotypes,<br><br>(5) anti-constitutional or otherwise criminal content,<br><br>vii. using the help service or complaint buttons inappropriately or sending false reports to Company employees;<br><br>viii. falsely claiming to be an employee or representative of the Company, the Third-Party Platforms, or their partners and/or representatives and/or<br><br>ix. falsely claiming a recommendation in connection with the Product or the Company or the Third-Party Platforms.<br><br>9. Changes to this EULA and/or the Product<br><br>9.1. The Company may make changes to this EULA from time to time, for example to ensure that it remains compliant with applicable laws or to reflect any changes the Company make to its services. The updated EULA will be posted on the Company's website. The Company may also notify the Customer when the Company makes material changes to this EULA via in-game communications, email or otherwise. It is the Customer's responsibility to ensure that they check this EULA regularly for any changes before using the Products. The Customer's continued use of the Products will be deemed as acceptance of any changes the Company makes to this EULA from time to time. <br><br>9.2. The Companies may revise, update, amend, or propose a completely new EULA for security, legal, practical, or regulatory reasons. If the Companies makes a change to this EULA, the Customer will be informed of this in writing. The notification will contain the full text of the amended EULA.<br><br>9.3. The content and scope of the changes are limited to what is necessary to achieve the respective valid reason and is reasonable for the Customer, taking into account their interests. In particular, changes will not result in the removal of essential main functions that were promised at the time of conclusion of the contract or in their significant restriction without equivalent replacement.<br><br>9.4. Changes within the meaning of this Section 9 shall not result in any additional costs for the Customer.<br><br>10. Termination<br><br>10.1. Termination by the Companies<br>Any Company may immediately suspend, restrict or terminate the Customer's access to the Products or any part of their services and consequently suspend or terminate this EULA (and any Licenses):<br><br>i. If the Customer breaches this EULA, its Rules of Conduct or other Company's terms of service or policies;<br><br>ii. For reasons of a system failure, maintenance or repair or due to events beyond the Companies' reasonable control.<br><br>iii. If the Companies decide to withdraw the Product and/or any other part of the services from the market for any reason at their sole discretion.<br><br>10.2. The Companies will use their reasonable endeavours to give the Customer reasonable notice before terminating or deleting their access to the Products. But if the Customer has seriously breached this EULA or other Company's terms of service or policies, or the Customer has been issued with previous warnings, any Company may immediately terminate this EULA. Under such circumstances the Companies will notify the Customer in writing by email or within the Product as appropriate and the
License
Agreement (“EULA”) governs your
granted in this EULA will terminate and the Customer must cease all
use of the
videogame, application, software, their associated upgrades, patches, and updates and related services (the “Product”) currently provided or which will
applicable Product. <br><br>11. Data Protection<br><br>Customer personal data may
be
provided by U&I Entertainment Limited, or any one of its subsidiaries or affiliated companies (collectively referred to as the “Company”) and which you have purchased from Steam Store (‘the “Store”). <br><br>This EULA sets out the basis on which the Company makes the Products
processed, in accordance with the Companies' Privacy Policy. The detailed Privacy Policy is
available
to you (“User” or “You”) and on which You may use them. The Company’s Privacy Policy (“Privacy Policy “) which can be found
at
<a class="bb_link" href="https://steamcommunity.com/linkfilter/?u=https%3A%2F%2Fuient.com%2Fprivacy" target="_blank" rel=" noopener">https://uient.com/privacy</a>
forms an integral part of
<br><br>12. Final provisions<br><br>12.1. No Waiver<br>The failure or delay of the Companies (or their licensors) in exercising any right or remedy under
this
EULA or applicable law shall not constitute a waiver of that or any other right or remedy and shall not preclude or restrict the further exercise of that or any other right or remedy. The single or partial exercise of any such right or remedy shall not preclude or limit the further exercise of that or any other right or remedy. The waiver of any right or remedy shall only be deemed to have been made when the Companies or the Customer have signed a corresponding written statement.<br><br>12.2. Applicable Law and Jurisdiction <br>This EULA is governed exclusively by English law, excluding the UN Convention on Contracts for the International Sale of Goods. Any dispute arising out of this EULA or in connection herewith shall be subject to the exclusive jurisdiction of the English courts, unless otherwise set out by applicable laws.<br> <br>12.3. Severability <br>Should any provision of this EULA be or become legally invalid, this shall not affect the remaining content of the
EULA.
By installing or using the Product, You agree to accept and to
The invalid clause shall
be
bound
replaced
by
(1) this EULA and (2) the Privacy Policy at all times. If You do not agree with one of these, please do not install or use the Product. <br>
the statutory provisions.<br><br>12.4. Company Contact Details
<br>The
Company reserves the right to change, modify, add or delete articles in this EULA at any time, in accordance with the procedures described below in Section 9. <br><br>==================================================== <br><br>1. LICENCE GRANT <br><br>the Company (or its licensors) grants You a non-exclusive, non-transferable, non-sublicensed, non-commercial and personal license to install and/or use the Product (in whole or in part) (the “License”),
contact details
for
such time until either You or the Company terminates this EULA. You must in no event use, nor allow others to use the Product or this License for commercial purposes without obtaining a license to do so from the Company. Updates, upgrades, patches and modifications may be necessary in order to be able to continue to use the Product on certain hardware. THIS PRODUCT IS LICENSED TO YOU, NOT SOLD. <br><br>As applicable, certain parts of the Product may be using third party features, some of which
the Company's Customer service department
are
managed by third-party providers for which additional terms and/or costs may apply. You must comply with such additional terms: for instance, if the Product is featuring a VoIP application, then You must comply with the associated wireless data service agreement when using the Product. Please review such additional terms and costs carefully. <br><br>1.2 You shall not, directly or indirectly: (i) sell, rent out, lease, license, distribute, market, exploit the Product or any of its parts commercially, (ii) reverse engineer, decompile, disassemble, adapt, reproduce, or create derivate works of this Product (except if the Product enable You through a specific feature to create, generate or submit User Generated Content and for which You will need to create an Account and comply Terms of Use), in whole or in part; (iii) create, use and/or distribute “auto”, “trainer”, “script” or “macro” computer programs or other “cheat” or “hack” programs or software applications for this Product (whether in an online multiplayer game or in a single player game over the internet or in local area network); (iv) remove, alter, disable or circumvent any copyright and trademark indications or other authorship and origin information, notices or labels contained on or within this Product and (v) export or re-export this Product or any copy of adaptation in violation of any applicable laws or regulations. <br><br>1.3 While using the Product, You agree to comply will all applicable laws, rules and regulations. You also agree to comply with certain rules of conduct that govern Your use of the Product (“Rules of Conduct”), which are not meant to be exhaustive and can be modified at any time by the Company. In all cases, You may only use the Product according to anticipated use of the Product. <br><br>For example, and without limiting the Company’s rights to take action against You, You may not: <br><br>a. create, use, share and/or publish by any means in relation to the Product any material (text, words, images, sounds, videos, etc.) which would breach of a duty of confidentiality, infringe any intellectual property right or an individual’s right to privacy or which would incite the committing of an unlawful act (in particular, piracy, cracking or circulation of counterfeit software); <br><br>b. modify, distort, block, abnormally burden, disrupt, slow down and/or hinder the normal functioning of all or part of the Product, or their accessibility to other users, or the functioning of the partner networks of the Product, or attempt to do any of the above; <br><br>c. transmit or propagate any virus, trojan horse, worm, bomb, corrupted file and/or similar destructive device or corrupted data in relation to the Product, and/or organise, participate in or be involved in any way in an attack on the Company’s servers and/or the Product and/or those of its service providers and partners; <br><br>d. create, supply or use alternative methods of using the Products, for example server emulators; <br><br>e. spamming chat, whether for personal or commercial purposes, by disrupting the flow of conversation with repeated postings of a similar nature; <br><br>f. transmitting or communicating any material or content which, in the sole and exclusive discretion of the Company, is believed or deemed offensive, including, but not limited to, language that is harmful, threatening, unlawful, abusive, harassing, defamatory, disparaging, obscene, sexually explicit, or racially, ethnically, or otherwise objectionable; <br><br>g. harassing or threatening any other users in the Product; <br><br>h. make inappropriate use of the help service or the claim buttons or send untruthful reports to members of the Company’s personnel; <br><br>i. falsely claim to be an employee or representative of the Company or its partners and/or agents; <br><br>j. falsely claim an endorsement in connection with the Product or with the Company. <br><br>2. OWNERSHIP <br><br>All title, ownership rights and intellectual property rights in and to the Product (including, without limitation, all text, graphics, music or sounds, all messages or items of information, fictional characters, names, themes, objects, scenery, costumes, effects, dialogues, slogans, places, characters, diagrams, concepts, choreographies, videos, audio-visual effects, domain names and any other elements which are part of the Product, individually or in combination) and any and all copies thereof are owned by the Company or its licensors. The Product is protected by national and international laws, copyright treaties and conventions and other laws. This Product may contain certain licensed materials and, in that event, the Company’s licensors may protect their rights in the event of any violation of this Agreement. Any reproduction or representation of these licensed materials in any way and for any reason is prohibited without the Company’s prior permission and, if applicable, the Company’s licensors’ and representatives’. Except
as
expressly set forth in this EULA, all rights not granted hereunder to You are expressly reserved by the Company. <br><br>This License confers no title or ownership in the Product and should not be construed as a sale of any rights in the Product. <br><br>3. RESTRICTIONS AND ACCESS TO THE PRODUCT <br><br>3.1 You may not reverse engineer, resell, sub-license, or circumvent DRM and/or the Product other than as expressly permitted by applicable law. <br><br>3.2 THE PRODUCT MAY BE PROTECTED BY DIGITAL RIGHTS MANAGEMENT SOFTWARE (“DRM SOFTWARE”). IN SUCH CASE, YOU HEREBY AGREE, ACKNOWLEDGE AND CONSENT TO THE FOLLOWING REGARDING THE DRM SOFTWARE: (I) THE INSTALLATION OF THE PRODUCT WILL CAUSE THE DRM SOFTWARE TO BE INSTALLED ON YOUR COMPUTER; (II) THE DRM SOFTWARE MAY LIMIT THE NUMBER OF INSTALLATIONS OF THE PRODUCT; (III) THE DRM SOFTWARE MAY INSTALL ON YOUR COMPUTER ADDITIONAL COMPONENTS REQUIRED FOR COPY PROTECTION; AND (IV) DURING THE INSTALLATION AND/OR THE FIRST LAUNCH OF THE PRODUCT, AN ONLINE CONNECTION MAY BE REQUIRED TO UNLOCK THE PRODUCT THROUGH THE DRM SOFTWARE. IN NO EVENT SHALL THE COMPANY BE LIABLE IN CONNECTION WITH THE COMPONENTS THAT MAY BE INSTALLED ON YOUR COMPUTER BY ANY DRM SOFTWARE. FOR FURTHER INFORMATION, PLEASE VISIT THE WEBSITE OF THE DRM SOFTWARE APPEARING DURING THE INSTALLATION OF THE PRODUCT. AN INTERNET CONNECTION, THIRD PARTY ACCOUNTS AND INSTALLATION OF ADDITIONAL SOFTWARE MAY BE REQUIRED TO USE THE PRODUCT. RESTRICTIONS BASED UPON AGE MAY BE IMPOSED TO ACCESS ONLINE SERVICES AND FEATURES IN COMPLIANCE WITH LOCAL LAWS. <br><br>3.3 Some Products require internet access, accounts, or third‑party integrations which are not the responsibility of the Company. If You are using the Product on a Compatible Mobile Terminal, this Section 3.3 is applicable to You and to Your use of the Product: <br><br>For this EULA, “Compatible Mobile Terminal” designates any portable device capable of connecting to Internet to access the Products. The term Compatible Mobile Terminals covers in particular feature phones, smartphones, tablet computers, and personal digital assistants (PDAs). <br><br>a. Product Access. To use the Product on a Compatible Mobile Terminal, You must have access to an electronic communication network. The connection costs (including but not limited to mobile providers’ and/or carriers’ costs), shall be exclusively borne by You. You acknowledge that the quality of the Products, the response time or access to certain features may depend on the capacities of Your Compatible Mobile Terminal and of the electronic communication network. The Company may in no case be held responsible for reduced user comfort. You acknowledge that the Product may not be available for use on all mobile devices or through all carriers or network service providers. <br><br>b. Collection of personal data: In order to provide You with a better game experience, adapted services and Product support, the Company may collect and store data about You in relation to Your use of the Product, Your connection information and/or Your Compatible Mobile Terminal. Certain data is recorded, archived, analysed and used to create user statistics. Your privacy is very important to the Company and the Company will not reveal Your personal data to third parties except when expressly authorised by You to do so or in special circumstances. the Company may be under a duty to disclose or share Your personal data in order to comply with a legal obligation, or in order to protect the Company’s rights and those of other users and third parties. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction. In addition, the Company reserves the right to collect, store and use anonymous data about You. For further information concerning the Company’s use of Your personal data, please refer to the Privacy Policy. <br><br>c. Analytics Tools and Ad Serving Technology. The Company or its licensors may use third party analytics tools to collect information concerning Your and other users’ gaming habits and use of the Product. The information collected may contain the following, without limitation: mobile device unique identity or other device identifiers and settings, carrier, operating system, localization information, date and time spent on the Product, game scores, game metrics and statistics, feature usage, advertising conversion rates, monetization rate, purchase history and other similar information. The Company uses third party ad serving technologies that may collect information as a result of ad serving in the Product and that may temporarily display advertisements in the Product. The information collected and used for the targeted advertising may contain the following, without limitation: age and gender, number views of an advertisement, mobile device unique identity or other device identifiers and settings, information about Your use of the Product, Compatible Mobile Terminal, and other Internet sites (including third party web pages and mobile Internet sites) viewed by You (as well as date and time viewed), advertisement(s) served, the advertisement(s)’ in game location and length, and Your response to the advertisement(s) (if any). The analytics tools and ad serving technologies may use server log files, web beacons, cookies, tracking pixels and other technologies to collect said information and may combine the information collected on other the Company Products and services with information collected from other third party websites and mobile products and services and with demographic, advertisement, market and other analytics surveys. Standing alone, this information is not personal data; however, if the Company combines any of this information with personal data, the Company will treat this information as personal data pursuant to our Privacy Policy. <br><br>4. CONSENT TO MONITOR. <br><br>When You are using the Product, the Product may monitor Your hardware random access memory (RAM) for unauthorized third party programs that interact with the Product. In the event that the Product detects such an unauthorized third party program, information may be communicated back to the Company, including the name of your Account, your internet protocol (IP) address, details about the unauthorized third party program detected, and the time and date that the unauthorized third party program was detected, along with the hardware specifications and performance characteristics of Your hardware, with or without additional notice to You. If the Product detects the use of an unauthorized third party program, this License and Your access to the Product may be terminated with or without additional notice to You. <br><br>However, please note that the Company is not responsible for and does not endorse the opinions, advice and/or recommendations displayed or sent by You in the Product, including in game chats. Such communications are the sole responsibility of the user in question. <br><br>5. UPDATES & PATCHES <br><br>We may provide mandatory or optional updates to the Products from time to time. <br><br>6. WARRANTY DISCLAIMER, LIMITATION OF LIABILITY. <br><br>YOU EXPRESSLY ACKNOWLEDGE THAT USE OF THE PRODUCT IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE PRODUCT IS SUPPLIED ON AN “AS IS” AND “AS AVAILABLE“ BASIS. THE COMPANY’S LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS DO NOT MAKE AND HEREBY DISCLAIM ANY GUARANTEES, CONDITIONS, WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY OR OTHER TERMS INCLUDING AS TO: (A) ITS CONFORMITY, ACCURACY, CURRENTNESS, COMPLETENESS, RELIABILITY OR SECURITY (B) ITS SUITABILITY FOR A PARTICULAR USE; (C) IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT; (D) ITS MARKET VALUE; OR (E) YOUR SATISFACTION. THE COMPANY DOES NOT WARRANT THAT THE PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PRODUCT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR SELECTING THE PRODUCT TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE PRODUCT. <br><br>TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT WILL THE COMPANY’S LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS BE LIABLE FOR LOSS OR DAMAGE SUFFERED IN CONNECTION WITH THE USE OF THE PRODUCT OR ANY RELATED THIRD PARTY SERVICE. THIS INCLUDES WITHOUT LIMITATION (A) ALL LOSSES OF ANY KIND, WHETHER IN TORT (INCLUDING FOR NEGLIGENCE OR BREACH OF STATUTORY DUTY), CONTRACT, MISREPRESENTATION (WHETHER INNOCENT OR NEGLIGENT) OR OTHERWISE, (B) DIRECT LOSS; (C) ACCIDENTAL LOSS, (D) INCIDENTAL LOSS, (E) CONSEQUENTIAL LOSS, AND (F) INDIRECT LOSS. <br><br>NOTWITHSTANDING THE AFOREMENTIONED LIMITATIONS OF LIABILITY, YOUR SOLE REMEDY IN THE EVENT OF A DISPUTE WITH THE COMPANY OR ITS LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS IS TO CEASE TO USE THE PRODUCT; AND IF APPLICABLE, SEEK DAMAGES FOR YOUR LOSSES. FOR ANY PRODUCT PURCHASED FOR USE ON A COMPATIBLE MOBILE TERMINAL THAT WOULD NOT MEET THE APPLICABLE LEGAL WARRANTIES, THE COMPANY’S LIABILITY IS LIMITED TO THE REFUND (DIRECTLY OR INDIRECTLY THROUGH ITS CHANNEL PARTNERS OR ASSOCIATED SERVICE PROVIDERS) OF THE PURCHASE PRICE OF THE PRODUCT. IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS BE LIABLE FOR DAMAGES IN EXCESS OF ANY AMOUNT YOU HAVE PAID TO THE COMPANY FOR THE PRODUCT DURING THE TWELVE (12) MONTHS IMMEDIATELY PRIOR TO THE TIME YOUR CAUSE OF ACTION AROSE. <br><br>NOTHING IN THIS SECTION 6 SHALL AFFECT THE COMPANY’S LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM THE COMPANY’S NEGLIGENCE, FOR FRAUD OR FRAUDULENT MISREPRESENTATION, NOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. <br><br>FOR PURPOSES OF THIS SECTION 6, THE COMPANY’S LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS ARE THIRD PARTY BENEFICIARIES TO THE LIMITATIONS OF LIABILITY SPECIFIED HEREIN AND THEY MAY ENFORCE THIS EULA AGAINST YOU. <br><br>7. REFUNDS AND COMPANY CONTACT DETAILS <br><br>Refunds will only be given to the extent approved by the Company where required under applicable UK consumer protection laws. <br><br>Requests shall be requested in writing to the following
follows:<br>- Email:
<a href="mailto:[email protected]">[email protected]</a>
[and we may refuse refunds where: <br><br>- content has been accessed, downloaded, or used, <br><br>- the request falls outside of your statutory rights. <br><br>Contact details for customer service at the Company are as follows:
<br>
<br>- email: <a href="mailto:[email protected]">[email protected]</a> <br><br>Telephone (manned between) 9am and 5pm GMT on the following days: Monday – Friday. <br><br>8. CHARGEBACKS <br><br>Unauthorised chargebacks may result in: <br><br>- suspension of your account, <br><br>- removal of licences, <br><br>- recovery actions. <br><br>If you believe a payment is incorrect, contact us before initiating a chargeback. <br><br>9. CHANGES TO THIS EULA OR THE PRODUCT <br><br>The Company reserves the right, in its sole and absolute discretion, to revise, update, change, modify, add to, supplement, or delete certain terms of this EULA for security, legal, best practice or regulatory reasons. Such changes will be effective with or, as applicable, without prior notice to You. You can review the most current version of this EULA by clicking on the “EULA” link located on the Product or on <a class="bb_link" href="https://steamcommunity.com/linkfilter/?u=https%3A%2F%2Fuient.com" target="_blank" rel=" noopener">https://uient.com</a>. You are responsible for checking this EULA periodically for changes. If any future changes to this EULA are unacceptable to You or cause You to no longer be in agreement or compliance with this EULA, You may terminate this EULA in accordance with Section 8 and must immediately uninstall the Product and destroy all copies of the Product. Your continued use of the Product following any revision to this EULA constitutes Your complete and irrevocable acceptance of any and all such changes. <br><br>The Company may modify the Product for any reason or without any specific reason, at any time and at its entire discretion, in particular for technical reasons such as updates, maintenance operations and/or resets to improve and/or optimize the Product. You agree that the Product may install or download the modifications automatically. You agree that the Company may stop to support previous versions of the Product upon availability of an updated version. The Company’s channel partners and associated service providers shall have no obligation to furnish any maintenance or customer support with respect to the Product. The Company also reserves the right to amend the Rules of Conduct set out in Section 1 to place limits on the use of the Product. <br><br>10. ACCESSIBILITY <br><br>We aim to make the Store accessible to all users and follow WCAG 2.1 AA guidelines. Contact <a href="mailto:[email protected]">[email protected]</a> for assistance. <br><br>11. TERMINATION <br><br>The EULA is effective from the earlier of the date You purchase, download or use the Product, until terminated according to its terms. You and the Company (or its licensors) may terminate this EULA, at any time, for any reason. Termination by the Company will be effective upon (a) notice to You or (b) termination of Your Company Account (if any) or (c) at the time of the Company’s decision to discontinue offering and/or supporting the Product. This EULA will terminate automatically if You fail to comply with any of the terms and conditions of this EULA. Upon termination for any reason, You must immediately uninstall the Product and destroy all copies of the Product in Your possession. <br><br>We may suspend or terminate this EULA in the event the user breaches the terms of this EULA. <br><br>12. MISCELLANEOUS <br><br>12.1 No Waiver. No failure or delay by the Company (or its licensors) to exercise any right or remedy provided under this EULA or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy. Waiver of a right or remedy may be considered to have taken place only after signing of a written statement to this effect by U&I Entertainment Limited or by the User. <br><br>12.2 Governing Law. To the extent permitted by applicable law, this EULA, and any disputes or claims arising out of or in connection with it, or its subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with the laws of England and Wales.
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ENDThis USEREnd LICENCEUser AGREEMENT License Agreement (hereinafter referred to as “EULA”), together with our Privacy Policy, governs the use of the video game, application, software, associated upgrades, add-ons (e.g. DLCs), patches, and updates, as well as the associated services (collectively referred to as the “Product”) currently provided or to be provided by U&I Entertainment Limited or one of its subsidiaries or affiliates, including Flashpoint Germany GmbH, Sidewalk Games LLC and Sidewalk Games Ltd (collectively referred to as the “Company(ies)”) and licensed by a customer (the "Customer"), whether published directly by the Company or via a video game platform, store or system (including, for the avoidance of doubt, console, mobile and cloud-based) operated by a third-party, including without limitation the following: Nintendo Switch systems authorised by Nintendo, PlayStation systems authorised by Sony Interactive Entertainment, Xbox systems authorised by Microsoft, and the Steam platform operated by Valve (each a "Third-Party Platform"). The Companies have licensed their Products to the Third-Party Platforms, which issues sublicenses to the Customer through this EULA.
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PLEASE READ THIS END USER LICENCE AGREEMENT CAREFULLY. This EndEULA Usersets Licenseout Agreementthe (“EULA”)basis governson yourwhich the Companies makes the Product available to the Customer and how the Customer may use it. By downloading or accessing the Products in any way (whether as part of the videogame,creation application,of software,an account or not and whether on any Company or Third-Party Platform), the Customer confirms that they are 18 years of age or over and have read and accept the terms of this EULA , or if the Customer is younger than 18, their associatedparent upgrades,or patches,legal guardian has read and updatesaccepted the terms of this EULA. The Company may immediately terminate this EULA and relatedstop servicesthe (theCustomer's “Product”)access currentlyto providedthe Product if the Company is not satisfied that such acceptance by the parent or whichlegal willguardian behas providedbeen bygiven. U&IThe EntertainmentCustomer Limited,and their parent(s) or anylegal oneguardian(s) must review the terms of itsthis subsidiariesEULA ortogether. affiliatedParents companiesand (collectivelylegal referredguardians toare asresponsible for the “Company”)acts andof whichchildren youunder have18 purchasedyears fromof Steamage Storewhen (‘theusing “Store”).a Product.
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This* BY CLICKING ON THE RELEVANT AFFIRMATIVE BUTTON (E.G. YES, ACCEPT, ETC), OR BY ACCESSING, DOWNLOADING OR INSTALLING THE PRODUCT OR OTHERWISE USING THE PRODUCT OR RELATED GAME IN ANY WAY, THE CUSTOMER AGREES TO THE TERMS OF THIS EULA sets(AND outALL TERMS INCORPORATED BY REFERENCE) AND ACKNOWLEDGES THAT SUCH EULA TERMS ARE LEGALLY BINDING.
* IF THE CUSTOMER DOES NOT AGREE TO THE TERMS OF THIS EULA, THE CUSTOMER SHALL CLICK THE RELEVANT NEGATIVE BUTTON (E.G. NO, REFUSE, ETC) AND/OR NOT USE THE PRODUCT IN ANY WAY. IN SUCH CIRCUMSTANCES THE COMPANY WILL NOT LICENSE THE PRODUCT TO THE CUSTOMER AND THE CUSTOMER WILL NOT BE PERMITTED TO INSTALL, DOWNLOAD, ACCESS, COPY OR USE THE PRODUCT IN ANY WAY WHATSOEVER. THE CUSTOMER'S CONTINUED USE OF THE PRODUCT IN ANY WAY (INCLUDING INSTALLATION OF THE PRODUCT), WILL INDICATE THE CUSTOMER'S ACCEPTANCE OF THE TERMS OF THIS EULA.
1. Content and Scope of the basis on which the Company makes the Products available to you (“User” or “You”) and on which You may use them. The Company’s Privacy Policy (“Privacy Policy “) which can be found at https://uient.com/privacy forms an integral part of this EULA. By installing or using the Product, You agree to accept and to be bound by (1) this EULA and (2) the Privacy Policy at all times. If You do not agree with one of these, please do not install or use the Product. License
~
1.1. The CompanyCompanies reservesgrant the rightCustomer a non-exclusive, non-transferable, non-sublicensable, non-commercial, and personal license, limited in time to change,the modify,term addof the contract, to install and/or use the Product (hereinafter referred to as the “License”). For the avoidance of doubt, the Product may be made available to the Customer in whole or delete articlessolely in thisparts EULA(e.g. atversions anysuch time,as inupdates, accordancepatches, withor demos where certain game modes or content is playable only) which shall be clearly set out by the proceduresCompanies describedprior belowto ininstallation/use Sectionof 9.such Product. Under no circumstances may the Customer use the Product or this License for commercial purposes or make copies (e.g., for friends or family) without first obtaining a corresponding License from the Companies.
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====================================================Please note: The Company licenses the use of the Products to the Customer on the basis of this EULA. The Company does not sell the Product to the Customer and the Company remains the owner of each Product at all times. To the extent that a Product is published via a Third-Party Platform, this EULA does not govern or change in any way the Customer's relationship with the Third-Party Platform under the Customer's applicable agreements with the Third-Party Platforms.
~
1.1.2. Certain LICENCEparts GRANTof the Product may use third-party features, some of which are managed by third parties and may be subject to additional terms and conditions and/or costs. The Customer must comply with such third-parties parties' additional terms and conditions;
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the1.3. The CompanyCustomer (ormay itsnot, licensors)unless grantsexpressly Youpermitted aby non-exclusive,applicable non-transferable,law, non-sublicensed,either non-commercialdirectly andor personalindirectly license(because tothese installactions and/orare usenot covered by the Product (in whole or in part) (the “License”), for such time until either You or the Company terminates this EULA. You must in no event use, nor allow others to use the Product or this License for commercial purposes without obtaining a license to do so from the Company. Updates, upgrades, patches and modifications may be necessary in order to be able to continue to use the Product on certain hardware. THIS PRODUCT IS LICENSED TO YOU, NOT SOLD. License):
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Asi. sell, applicable,rent, certainlease, parts(sub)license, ofloan, publish, display, distribute, market, or otherwise commercially exploit the Product mayor beparts using third party features, some of which are managed by third-party providers for which additional terms and/or costs may apply. You must comply with such additional terms: for instance, if the Product is featuring a VoIP application, then You must comply with the associated wireless data service agreement when using the Product. Please review such additional terms and costs carefully. thereof;
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1.2 You shall not, directly or indirectly: (i) sell, rent out, lease, license, distribute, market, exploit the Product or any of its parts commercially, (ii) ii. reverse engineer, decompile, disassemble, translate, adapt, modify, merge, vary, adapt, reproduce, make alterations, combine with other programs, or create derivatederivative works of thisa Product (except if the Product enable You through a specific feature to create, generate or submit User Generated Content and for which You will need to create an Account and comply Terms of Use), in whole or in part;part (iii)(unless the Product enables the Customer to create, use and/or distribute “auto”, “trainer”, “script”generate, or “macro”transmit computeruser-generated programscontent orthrough othera “cheat”specific or “hack” programs or software applicationsfunction, for thiswhich Productthe (whetherCustomer inmay anhave onlineto multiplayer game or increate a singleCustomer playeraccount game overwith the internetrelevant orThird-Party in local area network); (iv) remove, alter, disable or circumvent any copyrightPlatform and trademarkshall indicationscomply orwith othertheir authorship and origin information, notices or labels contained on or within this Product and (v) export or re-export this Product or any copyterms of adaptationuse inat violationall of any applicable laws or regulations. times);
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1.3iii. create, Whileuse, usingand/or thedistribute Product,“auto,” You“trainer,” agree“script,” toor comply“macro” willcomputer allprograms applicableor laws,other rules‘cheat’ andor regulations.“hack” Youprograms alsoor agreesoftware toapplications complyfor witha certainProduct rules(regardless of conductwhether thatit governis Youran useonline ofmultiplayer thegame Productor (“Rulesa ofsingle-player Conduct”),game which(online areor not meant to be exhaustive and can be modified at any time by the Company. In all cases, You may only use the Product according to anticipated use of the Product. offline));
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Foriv. combine, example,associate, andwrap-around, withoutintegrate, limitingor align, any third-party software, components or add-on features with the Company’sProduct rightsor toany takepart actionof againstit, You,in Youany maymanner not: whatsoever;
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a.v. remove, create,alter, use,deactivate, shareor and/or publish bycircumvent any meanscopyright or trademark notices or other information, notices, or labels regarding authorship and origin contained on or in relation to the Product any(this materialapplies (text,in words,particular images, sounds, videos, etc.) which would breach of a duty of confidentiality, infringeto any intellectualintegrated propertycopy right or an individual’s right to privacy or which would incite the committing of an unlawful act (in particular, piracy, cracking or circulation of counterfeit software);protection);
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b. modify, distort, block, abnormally burden, disrupt, slow down and/or hinder the normal functioning of allvi. bypass or partseek ofto bypass any security or technical measures (including de-obfuscating any code) relating to the Product, orincluding theirby accessibilitythe toadoption otherof users,techniques and technologies now known or thehereafter functioningdeveloped; of the partner networks of the Product, or attempt to do any of the above;and
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c. transmitvii. export or propagatere-export anyderivative virus, trojan horse, worm, bomb, corrupted file and/or similar destructive deviceproducts or corruptedcopies datathereof created in relation to the Product,manner and/ordescribed organise, participate in or be involved in any way in an attack on the Company’s servers and/or the Product and/or those of its service providers and partners; above.
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d.1.4. All create,proprietary supplyand intellectual property rights in the Product (including, but not limited to, all text, graphics, music or usesounds, alternativeall methodsmessages or information, fictional characters, names, themes, objects, scenery, costumes, effects, dialogue, slogans, locations, characters, diagrams, concepts, choreography, videos, audiovisual effects, domain names, and all other elements that are part of usingthe Product, individually or in combination) and its reproductions are the Products,property of the Company or its licensors. The Product is protected by national and international laws, copyright treaties and conventions, and other laws. In case where there is a breach of this EULA that results in a breach of the Company's licensors' intellectual property rights, the Company's licensors shall have the right to protect their rights. Any reproduction or representation of these licensed materials in any form and for exampleany serverreason emulators;is prohibited without the prior permission of the Company and, if applicable, the Company's licensors and agents. Unless expressly stated otherwise in this EULA, the Company reserves all rights not granted to the Customer herein.
~
e.1.5. Third-Party spammingPlatform chat,Specific whetherTerms
In foraddition personalto orcomplying commercialwith purposes,this by disruptingEULA, the flowCustomer ofacknowleges conversationand agrees to comply with repeatedthe postingsfollowing ofThird-Party aPlatform similarspecific nature;terms, as applicable.
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f. transmitting or communicating any material or content which, in the sole and exclusive discretion1.5.1. Nintendo
i. Use of the Company,Product is believedsubject orto deemedthe offensive,Nintendo including,terms butof notservice, limitedavailable to,on language(link), thatand isany harmful,other threatening,Nintendo unlawful,relevant abusive, harassing, defamatory, disparaging, obscene, sexually explicit, or racially, ethnically, or otherwise objectionable; policies.
~
g.ii. Online harassingfeatures orrequire threateninga anyNintendo otherAccount usersand inmay therequire Product;an active Nintendo Switch Online subscription;
~
h.iii. Nintendo makedoes inappropriatenot useguarantee the continued availability of theonline helpservices, servicematchmaking, leaderboards, or thecloud claim buttons or send untruthful reports to members of the Company’s personnel; features.
~
i.iv. Nintendo falselyis claimnot toresponsible befor anthe employeecontent, operation, maintenance, or representativesupport of the Company or its partners and/or agents; Products.
~
j.v. Nintendo falselysystem claimupdates anmay endorsement in connection with theaffect Product or with the Company. functionality.
~
2.vi. All OWNERSHIPNintendo health and safety warnings apply.
~
All1.5.2. PlayStation™
i. Use title,of ownershipthe rightsProduct andis intellectual property rights in andsubject to the ProductPlayStation™ (including, without limitation, all text, graphics, music or sounds, all messages or itemsterms of information,service, fictionalavailable characters,on names, themes, objects, scenery, costumes, effects, dialogues, slogans, places, characters, diagrams, concepts, choreographies, videos, audio-visual effects, domain names(link), and any other elementsSony whichInteractive areEntertainment/PlayStation™ partrelevant of the Product, individually or in combination) and any and all copies thereof are owned by the Company or its licensors. The Product is protected by national and international laws, copyright treaties and conventions and other laws. This Product may contain certain licensed materials and, in that event, the Company’s licensors may protect their rights in the event of any violation of this Agreement. Any reproduction or representation of these licensed materials in any way and for any reason is prohibited without the Company’s prior permission and, if applicable, the Company’s licensors’ and representatives’. Except as expressly set forth in this EULA, all rights not granted hereunder to You are expressly reserved by the Company. policies.
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Thisii. Online Licensefeatures confersmay norequire titlean oraccount ownershipfor inPlayStation™ the ProductNetwork and shouldPlayStation®Plus not be construed as a sale of any rights in the Product. subscription.
~
3.iii. Sony RESTRICTIONSInteractive ANDEntertainment ACCESSis TOnot THEresponsible PRODUCTfor the Products' content, support, or maintenance.
~
3.1iv. YouSystem software updates may notaffect reverse engineer, resell, sub-license, or circumvent DRM and/or the Product other than as expressly permitted by applicable law. functionality.
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3.2v. Sony THEInteractive PRODUCTEntertainment MAYmay BEcollect PROTECTEDdata BYaccording DIGITALto RIGHTSits MANAGEMENTprivacy SOFTWARE (“DRM SOFTWARE”). IN SUCH CASE, YOU HEREBY AGREE, ACKNOWLEDGE AND CONSENT TO THE FOLLOWING REGARDING THE DRM SOFTWARE: (I) THE INSTALLATION OF THE PRODUCT WILL CAUSE THE DRM SOFTWARE TO BE INSTALLED ON YOUR COMPUTER; (II) THE DRM SOFTWARE MAY LIMIT THE NUMBER OF INSTALLATIONS OF THE PRODUCT; (III) THE DRM SOFTWARE MAY INSTALL ON YOUR COMPUTER ADDITIONAL COMPONENTS REQUIRED FOR COPY PROTECTION; AND (IV) DURING THE INSTALLATION AND/OR THE FIRST LAUNCH OF THE PRODUCT, AN ONLINE CONNECTION MAY BE REQUIRED TO UNLOCK THE PRODUCT THROUGH THE DRM SOFTWARE. IN NO EVENT SHALL THE COMPANY BE LIABLE IN CONNECTION WITH THE COMPONENTS THAT MAY BE INSTALLED ON YOUR COMPUTER BY ANY DRM SOFTWARE. FOR FURTHER INFORMATION, PLEASE VISIT THE WEBSITE OF THE DRM SOFTWARE APPEARING DURING THE INSTALLATION OF THE PRODUCT. AN INTERNET CONNECTION, THIRD PARTY ACCOUNTS AND INSTALLATION OF ADDITIONAL SOFTWARE MAY BE REQUIRED TO USE THE PRODUCT. RESTRICTIONS BASED UPON AGE MAY BE IMPOSED TO ACCESS ONLINE SERVICES AND FEATURES IN COMPLIANCE WITH LOCAL LAWS. policies.
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3.3 Some Products require internet access, accounts, or third‑party integrations which are not the responsibility1.5.3. Xbox
i. Use of the Company.Products Ifis Yousubject are usingto the ProductMicrosoft terms of service, available on a Compatible Mobile Terminal, this Section 3.3 is applicable to You(link), and toany Yourother userelevant ofMicrosoft/Xbox the Product: policies.
~
Forii. Online thisfeatures EULA,may “Compatiblerequire Mobilean Terminal”Xbox designatesnetwork any portable device capable of connecting to Internet to access the Products. The term Compatible Mobile Terminals covers in particular feature phones, smartphones, tablet computers,account and personal digital assistants (PDAs). subscription.
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a. Product Access. To use the Product on a Compatible Mobile Terminal, You must have access to an electronic communication network. The connection costs (including but not limited to mobile providers’ and/or carriers’ costs), shall be exclusively borne by You. You acknowledge that the quality of the Products, the response time or access to certain featuresiii. Microsoft may dependupdate onsystem thesoftware capacities of Your Compatible Mobile Terminal and of the electronic communication network. The Company may in no case be held responsible for reduced user comfort. You acknowledge that the Product may not be available for use on all mobile devices or through all carriers or network service providers. automatically.
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b. Collection of personal data: In order to provide You with a better game experience, adapted services and Product support, the Company may collect and store data about You in relation to Your use of the Product, Your connection information and/or Your Compatible Mobile Terminal. Certain dataiv. Microsoft is recorded, archived, analysed and used to create user statistics. Your privacy is very important to the Company and the Company will not reveal Your personal data to third parties except when expressly authorised by You to do so or in special circumstances. the Company may be under a duty to disclose or share Your personal data in order to comply with a legal obligation, or in order to protect the Company’s rights and those of other users and third parties. This includes exchanging information with other companies and organisationsresponsible for the purposesProducts' ofcontent, fraudsupport, protectionor and credit risk reduction. In addition, the Company reserves the right to collect, store and use anonymous data about You. For further information concerning the Company’s use of Your personal data, please refer to the Privacy Policy. warranties.
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c. Analytics Tools and Ad Serving Technology. The Company or its licensors may use third party analytics tools to collect information concerning Your and other users’ gaming habits and use1.5.4. Steam
Use of the Product.Products Theis informationsubject collected may containto the following,Steam withoutterms limitation:of mobileservice, deviceavailable uniqueon identity(link), orand any other devicerelevant identifiersValve andpolicies. settings,Valve carrier,is operatingnot system, localization information, date and time spent on the Product, game scores, game metrics and statistics, feature usage, advertising conversion rates, monetization rate, purchase history and other similar information. The Company uses third party ad serving technologies that may collect information as a result of ad serving in the Product and that may temporarily display advertisements in the Product. The information collected and usedresponsible for the targetedProducts' advertising may contain the following, without limitation: age and gender, number views of an advertisement, mobile device unique identitycontent or other device identifiers and settings, information about Your use of the Product, Compatible Mobile Terminal, and other Internet sites (including third party web pages and mobile Internet sites) viewed by You (as well as date and time viewed), advertisement(s) served, the advertisement(s)’ in game location and length, and Your response to the advertisement(s) (if any). The analytics tools and ad serving technologies may use server log files, web beacons, cookies, tracking pixels and other technologies to collect said information and may combine the information collected on other the Company Products and services with information collected from other third party websites and mobile products and services and with demographic, advertisement, market and other analytics surveys. Standing alone, this information is not personal data; however, if the Company combines any of this information with personal data, the Company will treat this information as personal data pursuant to our Privacy Policy. support.
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4.2. DRM CONSENT TO MONITOR. Software
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When You are using the Product, the Product may monitor Your hardware random access memory (RAM) for unauthorized third party programs that interact with the Product. In the event that the Product detects such an unauthorized third party program, information may be communicated back to the Company, including the name of your Account, your internet protocol (IP) address, details about the unauthorized third party program detected, and the time and date that the unauthorized third party program was detected, along with the hardware specifications and performance characteristics of Your hardware, with or without additional notice to You. If the Product detects the use of an unauthorized third party program, this License and Your access to theThe Product may be terminatedprotected by digital rights management software (“DRM Software”). In such case, Customer hereby acknowledges, agrees, and consents to the following with or without additional noticerespect to You.the DRM Software:
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However, please note thati. installing the CompanyProduct iswill notinstall responsiblethe forDRM Software on its console, computer or mobile device (including, in particular, feature phones, smartphones, tablet computers, and doespersonal notdigital endorseassistants) where the opinions,Customer advicewill and/or recommendations displayed or sent by You inaccess the Product,Product including in game chats. Such communications are the sole responsibility of the user in question. ("Device");
~
5. UPDATESii. the &DRM PATCHESSoftware may limit the number of installations of the Product as follows: [the Customer may only install the Product on a maximum of five (5) different Devices in a twenty-four (24) hour period];
~
Weiii. the DRM Software may provideinstall mandatoryadditional orcomponents optional updates toon the ProductsDevice fromthat timeare tonecessary time.for copy protection; and
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6. WARRANTYiv. during DISCLAIMER,installation, LIMITATIONand/or OFthe LIABILITY.first launch of the Product, an online connection may be required to activate the Product via the DRM Software.
~
YOUFurther EXPRESSLYinformation ACKNOWLEDGEis THATprovided USEto OFthe THECustomer PRODUCTon ISthe ATDRM YOURSoftware OWNwebsite, RISK.which TOis THEdisplayed FULLESTduring EXTENTthe PERMISSIBLEinstallation UNDERof APPLICABLEthe LAW, THE PRODUCT IS SUPPLIED ON AN “AS IS” AND “AS AVAILABLE“ BASIS. THE COMPANY’S LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS DO NOT MAKE AND HEREBY DISCLAIM ANY GUARANTEES, CONDITIONS, WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY OR OTHER TERMS INCLUDING AS TO: (A) ITS CONFORMITY, ACCURACY, CURRENTNESS, COMPLETENESS, RELIABILITY OR SECURITY (B) ITS SUITABILITY FOR A PARTICULAR USE; (C) IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT; (D) ITS MARKET VALUE; OR (E) YOUR SATISFACTION. THE COMPANY DOES NOT WARRANT THAT THE PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PRODUCT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR SELECTING THE PRODUCT TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE PRODUCT. Product.
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TO3. Need THEfor FULLESTInternet EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT WILL THE COMPANY’S LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS BE LIABLE FOR LOSS OR DAMAGE SUFFERED IN CONNECTION WITH THE USE OF THE PRODUCT OR ANY RELATED THIRD PARTY SERVICE. THIS INCLUDES WITHOUT LIMITATION (A) ALL LOSSES OF ANY KIND, WHETHER IN TORT (INCLUDING FOR NEGLIGENCE OR BREACH OF STATUTORY DUTY), CONTRACT, MISREPRESENTATION (WHETHER INNOCENT OR NEGLIGENT) OR OTHERWISE, (B) DIRECT LOSS; (C) ACCIDENTAL LOSS, (D) INCIDENTAL LOSS, (E) CONSEQUENTIAL LOSS, AND (F) INDIRECT LOSS. Access
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NOTWITHSTANDING3.1. Use THEof AFOREMENTIONEDthe LIMITATIONSProduct OFmay LIABILITY,require YOURan SOLEinternet REMEDYconnection INon THEthe EVENTDevice, OFaccount Asetup DISPUTEwith WITHthird-party THEproviders, COMPANY ORincluding ITSThird-Party LICENSORS,Platforms, CHANNELand PARTNERSthe ANDinstallation ASSOCIATEDof SERVICEadditional PROVIDERSsoftware. ISAge TOrestrictions CEASEmay TOapply USEto THEaccess PRODUCT;online ANDservices IFand APPLICABLE,features SEEKin DAMAGESaccordance FORwith YOURlocal LOSSES.laws. FORFor ANYmore PRODUCTinformation PURCHASEDon FORyouth USEprotection, ONsee ASection COMPATIBLE11 MOBILEof TERMINALthis THAT WOULD NOT MEET THE APPLICABLE LEGAL WARRANTIES, THE COMPANY’S LIABILITY IS LIMITED TO THE REFUND (DIRECTLY OR INDIRECTLY THROUGH ITS CHANNEL PARTNERS OR ASSOCIATED SERVICE PROVIDERS) OF THE PURCHASE PRICE OF THE PRODUCT. IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS BE LIABLE FOR DAMAGES IN EXCESS OF ANY AMOUNT YOU HAVE PAID TO THE COMPANY FOR THE PRODUCT DURING THE TWELVE (12) MONTHS IMMEDIATELY PRIOR TO THE TIME YOUR CAUSE OF ACTION AROSE.EULA.
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NOTHING3.2. Any INconnection THIScosts SECTION(e.g., 6the SHALLcosts AFFECTof THEDevice COMPANY’Sproviders LIABILITYand/or FORnetwork DEATHoperators) ORare PERSONALborne INJURYexclusively ARISINGby FROMthe THECustomer. COMPANY’SThe NEGLIGENCE,Customer FORacknowledges FRAUDthat ORthe FRAUDULENTquality MISREPRESENTATION,of NORthe ANYProducts, OTHERthe LIABILITYresponse WHICHtime, CANNOTor BEaccess EXCLUDEDto ORcertain LIMITEDfunctions UNDERmay APPLICABLEdepend LAW.on the capabilities of the Device and the electronic communications network. The Companies cannot be held liable for reduced user comfort if this is due to the performance of the Device or the capacity of the electronic communications network.
~
FOR3.3. The PURPOSESCustomer OFacknowledges THISthat SECTIONthe 6,Product THEmay COMPANY’Snot LICENSORS,be CHANNELavailable PARTNERSon ANDall ASSOCIATEDDevices SERVICEor PROVIDERSthrough AREall THIRDnetwork PARTYoperators BENEFICIARIESor TOnetwork THEservice LIMITATIONSproviders.
4. Payments OFand LIABILITY SPECIFIED HEREIN AND THEY MAY ENFORCE THIS EULA AGAINST YOU. Subscriptions
~
7.4.1. REFUNDSSubject ANDto COMPANYany CONTACTpromotion, DETAILSgiveaway, offer, or partnership with a Third-Party Platform, the base version of the Products requires a one-off payment to access. Additional payments may be required to access future releases, such as paid expansion packs and paid downloadable content. The Company will announce to Customers if upcoming content requires additional payments in advance of its release.
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Refunds4.2. The willProducts onlydo benot givenrequire a subscription (for example, where the Customer is charged a regular fee to retain access to the extentgame), approvedbut bymay allow in-game transactions (beyond the Companyone-off wherepayment requiredto underpurchase applicablethe UKgame) consumerfor protectionaccess laws. to additional content.
~
Requests4.3. Any shallrefunds beand requestedcancellations are governed strictly in writingaccordance towith the followingterms [email protected]of [andthis weEULA, mayin refuseparticular refundsSection where:6 below.
~
-5. Limitation contentof hasLiability beenand accessed, downloaded, or used, Warranty
~
-5.1. To the requestfullest fallsextent outsidepermissible under applicable law, each Product is provided "as is" with all faults, without warranty, performance assurances or guarantees of yourany statutorykind, rights.either express or implied, including without limitation any implied warranties of condition, quality, satisfaction, uninterrupted use, merchantability, fitness for a particular purpose, or non-infringement. The Customer's use is at their sole risk. The Company, its licensors or Third-Party Platforms do not warrant that the Product will be error-free, or that the Product will interoperate or be compatible with any other product or that any errors in the Product will be corrected.
~
Contact5.2. To detailsthe maximum extent permitted by applicable law, the Company, its licensors or Third-Party Platforms do not represent or warrant that access to the Product will be uninterrupted or that there will be no failures, errors or omissions or loss of transmitted information, or that no viruses will be transmitted on the Product. The Company, its licensors or Third-Party Platforms do not guarantee that the Customer will be able to access or use the Product at times or locations of their choosing, or that the Company, its licensors or Third-Party Platforms will have adequate capacity for customerthe serviceProduct atas a whole or in any specific geographic area. The Customer acknowledges and agrees that they will be responsible for compliance with all applicable local laws in the Companylocation arethey asaccess follows: or use the Product.
~
-5.3. To email:the [email protected]maximum extent permissible by law the Company's total liability, whether arising in contract, tort, strict liability or otherwise and including liability for losses, costs, expenses or damages shall not exceed (in the aggregate) an amount equivalent to the fees, whether subscription, one-off or otherwise, relating to the Game, actually paid by the Customer to the Company during the twelve (12) months prior to the date of the cause of action first arising.
~
Telephone5.4. The (mannedCustomer between) 9amacknowledges and 5pmagrees GMT onthat the followingProduct days:has Mondaynot –been Friday.developed to meet their individual requirements and that it is their responsibility to ensure that the Product meets their requirements.
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8. CHARGEBACKS5.5. Nothing in this EULA shall limit or exclude the Companies' and their Affiliates' (including its vicarious agents) liability for: (a) death or injury to life, limb, or health, (b) to intentional acts, to grossly negligent acts, (c) fraud or fraudulent misrepresentation, (d) to essential contractual obligations, or (e) any other liability that cannot be excluded or limited by law.
~
Unauthorised5.6. The chargebacksCompanies mayshall resultonly in:be liable for moderate or slight negligence. The Companies' liability is limited to the purchase price of the Product or the amount that the Customer has paid in total within the last twelve (12) months prior to the damage.
~
-5.7. Third-Party suspensionPlatforms' liability
i. Nintendo shall not be liable for any claims airising from use of yourthe account, Software.
~
-ii. Sony removalInteractive ofEntertainment licences,bears no liability for claims related to the Software.
~
-iii. Microsoft recoverybears actions.no liability for claims related to the Software.
~
Ifiv. Valve youbears believeno a payment is incorrect, contact us before initiating a chargeback. liability.
~
9. CHANGES TO THIS EULA OR THE PRODUCT 6. Refunds
~
The6.1. All purchases relating to the License and the Product, including virtual content, games or any other digital content or services that the Company reservesprovides are final and non-refundable except as expressly set out below and as otherwise provided under applicable law or approved by the right, in its soleCompanies and absoluteprovided discretion,that tosuch revise,refund update,is change,available modify,under addthe to,applicable supplement,Third-Party or delete certainPlatforms terms of this EULA for security, legal, best practice or regulatory reasons. Such changes will be effective with or, as applicable, without prior notice to You. You can review the most current version of this EULA by clicking on the “EULA” link located on the Product or on https://uient.com. You are responsible for checking this EULA periodically for changes. If any future changes to this EULA are unacceptable to You or cause You to no longer be in agreement or compliance with this EULA, You may terminate this EULA in accordance with Section 8 and must immediately uninstall the Product and destroy all copies of the Product. Your continued use of the Product following any revision to this EULA constitutes Your complete and irrevocable acceptance of any and all such changes. service.
~
The6.2. In Companyaddition mayto modifySection 6.1, for residents in the ProductEuropean for any reason or without any specific reason, at any timeUnion and atthe itsUnited entireKingdom, discretion,by in particular for technical reasons such as updates, maintenance operations and/or resets to improve and/or optimizeclicking the Product.relevant Youpurchase agreeorder button on the purchase interface, the Customer agrees that the ProductLicence maywill installbe or download the modifications automatically. You agree that the Company may stop to support previous versions of the Product upon availability of an updated version. The Company’s channel partnerssupplied and associated service providers shall have no obligation to furnish any maintenance or customer support with respectdelivered to the Product.Customer Theimmediately Companybefore alsothe reservesstatutory withdrawal period ends and the Customer acknowledges that they will lose the right to amendwithdraw from the Rulescontractual of Conduct set out in Section 1 to place limits on the usepurchase of the Product.Licence once the Licence has been downloaded, streamed and/or accessed, due to the nature of the Licenses.
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10. ACCESSIBILITY6.3. The Customer shall only be entitled to a refund if they reject the EULA prior to having used or accessed the Product, or at any time prior to the Company providing the Product, following its purchase by the Customer.
~
We7. Unauthorized aimChargebacks to makeby the Store accessible to all users and follow WCAG 2.1 AA guidelines. Contact [email protected] for assistance. Customer
~
11. TERMINATIONThe Customer shall contact the relevant Company before initiating a chargeback through the contacts displayed at the end of this EULA. Unauthorized chargebacks may result in the termination and withdrawal of Licenses, and/or other collection measures.
~
The EULA is effective from the earlier8. Rules of the date You purchase, download or use the Product, until terminated according to its terms. You and the Company (or its licensors) may terminate this EULA, at any time, for any reason. Termination by the Company will be effective upon (a) notice to You or (b) termination of Your Company Account (if any) or (c) at the time of the Company’s decision to discontinue offering and/or supporting the Product. This EULA will terminate automatically if You fail to comply with any of the terms and conditions of this EULA. Upon termination for any reason, You must immediately uninstall the Product and destroy all copies of the Product in Your possession. Conduct
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WeThe mayCustomer suspendagrees orto terminatecomply this EULA inwith the eventfollowing rules of conduct governing the useruse breachesof the termsProduct (hereinafter referred to as “Rules of this EULA.Conduct”).
~
12. MISCELLANEOUSIn any case, the Customer may only use the Product in accordance with the intended use of such Product.
~
12.1 NoWithout Waiver. No failure or delay bylimiting the CompanyCompany's (or its licensors)rights to exercisetake anyaction right or remedy provided under this EULA or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrictagainst the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrictCustomer, the furtherCustomer exerciseis ofprohibited, thatfor orexample, any other right or remedy. Waiver of a right or remedy may be considered to have taken place only after signing of a written statement to this effect by U&I Entertainment Limited or by the User. from:
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12.2i. Governingcreating, Law.using, Tosharing, theand/or extentpublishing permittedmaterials by(text, applicablewords, law,images, thissounds, EULA,videos, and any disputes or claims arising out of oretc.) in connection with it,the Product that infringe intellectual property rights or itsa subjectperson's matterright to privacy, or formationincite (includingthe non-contractualcommission disputesof an illegal act (in particular piracy, cracking, or claims) are governed by and construed in accordance with the lawsdistribution of Englandcounterfeit and Wales.software);
~
ii. modifying, distorting, blocking, abnormally overloading, disrupting, slowing down, and/or hindering the Product in whole or in part, or its accessibility to other users or the functioning of the Product's partner networks, or attempt to do so;
~
iii. transmitting or distributing viruses, Trojan horses, worms, bombs, corrupted files, and/or similar destructive devices or corrupted data in relation to the Product and/or organizing, participating in, or being involved in any way in attacks on the Company's or any Third-Party Platform's servers and/or the Product and/or the servers of its service providers and partners;
~
iv. creating, providing, or using alternative methods of using the Products, such as server emulators;
~
v. disrupting chats for spam purposes, whether for personal or commercial purposes, by interrupting the flow of conversation with repeated posts of a similar nature;
~
vi. distributing materials, content, or posts that are likely to disparage other players or even persons outside the circle of recipients of the post. This includes, in particular, formal insults, but also materials, content, or posts that:
~
(1) contain threats of illegal acts or threats of any other kind,
~
(2) contain sexually explicit content,
~
(3) demonstrably false factual claims,
~
(4) racist content or ethnic stereotypes,
~
(5) anti-constitutional or otherwise criminal content,
~
vii. using the help service or complaint buttons inappropriately or sending false reports to Company employees;
~
viii. falsely claiming to be an employee or representative of the Company, the Third-Party Platforms, or their partners and/or representatives and/or
~
ix. falsely claiming a recommendation in connection with the Product or the Company or the Third-Party Platforms.
~
9. Changes to this EULA and/or the Product
~
9.1. The Company may make changes to this EULA from time to time, for example to ensure that it remains compliant with applicable laws or to reflect any changes the Company make to its services. The updated EULA will be posted on the Company's website. The Company may also notify the Customer when the Company makes material changes to this EULA via in-game communications, email or otherwise. It is the Customer's responsibility to ensure that they check this EULA regularly for any changes before using the Products. The Customer's continued use of the Products will be deemed as acceptance of any changes the Company makes to this EULA from time to time.
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9.2. The Companies may revise, update, amend, or propose a completely new EULA for security, legal, practical, or regulatory reasons. If the Companies makes a change to this EULA, the Customer will be informed of this in writing. The notification will contain the full text of the amended EULA.
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9.3. The content and scope of the changes are limited to what is necessary to achieve the respective valid reason and is reasonable for the Customer, taking into account their interests. In particular, changes will not result in the removal of essential main functions that were promised at the time of conclusion of the contract or in their significant restriction without equivalent replacement.
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9.4. Changes within the meaning of this Section 9 shall not result in any additional costs for the Customer.
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10. Termination
~
10.1. Termination by the Companies
Any Company may immediately suspend, restrict or terminate the Customer's access to the Products or any part of their services and consequently suspend or terminate this EULA (and any Licenses):
~
i. If the Customer breaches this EULA, its Rules of Conduct or other Company's terms of service or policies;
~
ii. For reasons of a system failure, maintenance or repair or due to events beyond the Companies' reasonable control.
~
iii. If the Companies decide to withdraw the Product and/or any other part of the services from the market for any reason at their sole discretion.
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10.2. The Companies will use their reasonable endeavours to give the Customer reasonable notice before terminating or deleting their access to the Products. But if the Customer has seriously breached this EULA or other Company's terms of service or policies, or the Customer has been issued with previous warnings, any Company may immediately terminate this EULA. Under such circumstances the Companies will notify the Customer in writing by email or within the Product as appropriate and the License granted in this EULA will terminate and the Customer must cease all use of the applicable Product.
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11. Data Protection
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Customer personal data may be processed, in accordance with the Companies' Privacy Policy. The detailed Privacy Policy is available at https://uient.com/privacy
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12. Final provisions
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12.1. No Waiver
The failure or delay of the Companies (or their licensors) in exercising any right or remedy under this EULA or applicable law shall not constitute a waiver of that or any other right or remedy and shall not preclude or restrict the further exercise of that or any other right or remedy. The single or partial exercise of any such right or remedy shall not preclude or limit the further exercise of that or any other right or remedy. The waiver of any right or remedy shall only be deemed to have been made when the Companies or the Customer have signed a corresponding written statement.
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12.2. Applicable Law and Jurisdiction
This EULA is governed exclusively by English law, excluding the UN Convention on Contracts for the International Sale of Goods. Any dispute arising out of this EULA or in connection herewith shall be subject to the exclusive jurisdiction of the English courts, unless otherwise set out by applicable laws.
12.3. Severability
Should any provision of this EULA be or become legally invalid, this shall not affect the remaining content of the EULA. The invalid clause shall be replaced by the statutory provisions.
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12.4. Company Contact Details
The contact details for the Company's Customer service department are as follows:
- Email: [email protected]