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Dragon: The Game End User License Agreement
Dragon: The Game is licensed, not sold.This End User License Agreement ( "EULA" ) is a binding agreement between you ( "You" or "Your" ) and Red Level Games ( "RLG" ). This EULA governs your use of Dragon: The Game ( "Dragon: The Game" ).
Definitions
EULA shall mean this End User License Agreement. RLG shall mean Red Level Games.
You and Your shall mean you.
Dragon: The Game shall mean the game Dragon: The Game, related documentation, and any updates and upgrades that replace or supplement the game in any respect.
DRM shall mean Digital Rights Management.
Personal Computer shall mean any personal computer, including but not limited to any personal computer that uses Windows, Mac, or Linux operating system software.
Alpha shall mean the pre-release version of Dragon: The Game with major features and content missing.
Beta shall mean the pre-release version of Dragon: The Game following Alpha with major features and content complete.
Final Release shall mean the full retail version of Dragon: The Game following Beta.
The headings to clauses are inserted for convenience only and shall not affect the construction of this Agreement.
Words expressed in the singular shall where the context so requires of permits include the plural.
Acknowledgement
By downloading, installing, copying or otherwise using Dragon: The Game you agree to the terms of this EULA and agree to be bound by it. This EULA is updated from time to time and the current version will be posted at http://store.steampowered.com/eula/305960_eula_0.
Dragon: The Game is being licensed to you and you hereby acknowledge that no title or ownership in Dragon: The Game is being transferred or assigned and this EULA should not be construed as a sale of any rights in Dragon: The Game.
Grant Of Limited License
Subject to the terms of the EULA, RLG hereby grants you a non-exclusive, non-transferable, revocable limited right and license to install and use Dragon: The Game for your personal non-commercial use. Any commercial use is prohibited. Your acquired rights are subject to your compliance with this EULA.
The term of this EULA shall commence on the date that you install or otherwise use Dragon: The Game, and shall end on the earlier date that you dispose of Dragon: The Game, or RLG's termination of this EULA.
License Conditions
You agree not to distribute, sell, lease, rent, loan or otherwise transfer or assign Dragon: The Game, or any copies of Dragon: The Game. You agree not to copy, reproduce, decompile, disassemble, derive source code from or reverse engineer, in whole or in part, Dragon: The Game, or to prepare derivative works based on Dragon: The Game without the express prior permission of RLG.
You agree not to modify or cause to be modified any files that are part of Dragon: The Game in any way not expressly authorized by RLG.
You agree not to make a copy of Dragon: The Game on a network that is accessible by users other than yourself, including but not limited to public file sharing networks.
You agree not to remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols, or labels in Dragon: The Game.
You agree not to transport, export or re-export into any country that may result in a violation of local import/export laws or regulations.
Technical Protection
Dragon: The Game may include measures to control access to Dragon: The Game, control access to certain features or content, prevent unauthorized copies, or otherwise attempt to prevent anyone from exceeing the limited rights and licenses granted under this EULA. Only licensed installations of Dragon: The Game can be used to access online services, including downloading updates and patches. You may not interfere with such access control measures or attempt to disable or circumvent such security features. If you disable or otherwise tamper with the technical protection measures, Dragon: The Game may not function properly. Your license will immediately terminate should you attempt to circumvent any DRM protection for Dragon: The Game.
Reservation Of Rights
RLG reserves all right, title and interest in Dragon: The Game, including but not limited to all copyrights, trademarks, trade names, patents, titles, characters, character names, stories, story lines, locations, location names, artwork and graphics, audio, animations, text assets and any other intellectual property therein. User Created Content
Dragon: The Game may allow you to create content, including but not limited to gameplay maps. In exchange for your use of Dragon: The Game, and to the extend that your contributions through use of Dragon: The Game give rise to any copyright interest, you hereby grant RLG an exclusive, perpetual, irrevocable, fully transferable and sub-licensable worldwide right and license to use your contributions in any way and for any purpose in connection with Dragon: The Game, including the rights to reproduce, copy, adapt, modify, perform, display, publish, broadcast, transmit, or otherwise communicate to the public by any means whether now known or unknown and distribute your contributions without any further notice or compensation to you of any kind for the whole duration of protection granted to intellectual property rights by applicable laws and international conventions. You hereby waive any moral rights of paternity, publication, reputation, or attribution with respect to RLG's and other players' use and enjoyment of such assets in connection with Dragon: The Game under applicable law. This license grant to RLG, and the above waiver or any applicable moral rights, survives any termination of this EULA. Internet Connection
Dragon: The Game may require an internet connection to access internet-based features, including but not limited to uploading and downloading user generated content. Without an internet connection, such features may cease to work properly. Information Collection and Usage
You agree that RLG may transfer, share, and/or store your user data outside the European Economic Area where reasonably necessary to administer, operate, maintain and support Dragon: The Game. When connected to the Internet and using Dragon: The Game, RLG may receive information including by not limited to your hardware MAC address, internet protocol address, and your usage of various game features. All information collected by RLG is intended to be anonymous information that does not disclose your identity or constitute personal information. However, if you include personal information such as your real name in your user ID, then such personal information will automatically be transmitted to RLG and used as described herein. The information collected by RLG may be posted by RLG on publicly-accessible web sites, shared with hardware manufacturers, shared with platform hosts, shared with RLG's marketing partners or used by RLG for any other lawful purpose. By using Dragon: The Game you consent to RLG's use of related data, including public display of your data such as identification of your user created content or displaying your scores, ranking, achievements and other gameplay data. If you do not want your information shared in this manner, then you should not use Dragon: The Game.
RLG does not guarantee that your information will not be disclosed to third parties. While RLG's aim is to keep your information confidential, third parties may unlawfully intercept transmissions or private communications, or access data within the System.
Seizure Warning
In rare instances, some users may experience seizures when exposed to certain light patterns or flashing lights. Exposure to certain light patterns or backgrounds on a video monitor may induce an epileptic seizure, even in persons who have no history of prior seizures or epilepsy. Termination
This EULA is effective until terminated. RLG may terminate this EULA immediately without prior notice if you fail to comply or otherwise violate the terms of this EULA, or if you infringe the intellectual property rights of any third party.
You may terminate this EULA at any time by informing RLG by sending an email to info@redlevelgames.com.
Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DRAGON: THE GAME IS PROVIDED ON AN "AS IS" BASIS, WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND, AND RLG HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. YOUR USE IS AT YOUR SOLE RISK. RLG does not warrant the performance of Dragon: The Game on your specific Personal Computer.
RLG does not warrant that Dragon: The Game will run permanently or uninterupted on your Personal Computer.
RLG does not warrant against interference with your enjoyment of Dragon: The Game; that Dragon: The Game will be uninterupted, virus-free or error-free, or that Dragon: The Game will be compatible with third party software or that any errors in Dragon: The Game will be corrected.
RLG is not liable for delays or difficulties that are due to circumstances beyond its control.
You acknowledge and agree that your exclusive remedy for any dispute with RLG is to stop using Dragon: The Game.
No oral or written advice by RLG or authorized representative shall create a warranty.
At some point in the future Dragon: The Game may go out of date, and RLG makes no commitment to update Dragon: The Game.
Information and related graphics published as part of Dragon: The Game may include technical inaccuracies or typographical errors.
Whereby Dragon: The Game is made available for licensing during the Alpha or Beta phases of development via services such as Steam Early Access, you acknowledge and agree that during development features and content included are subject to change without prior notice, and that the Final Release of Dragon: The Game may not include major features and content included in the earlier Alpha and Beta releases.
Indemnification
By using Dragon: The Game, you hereby agree to defend, indemnify and hold harmless RLG, it's employees and its directors from and against any and all claims, liabilities, losses, injury damages, costs or expenses ( including reasonable solicitor's fees ) incurred by RLG arising out of or from your use of Dragon: The Game. Limitation Of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL RLG BE LIABLE FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, LOSS OF DATA, LOSS OF GOOD WILL, LOSS OF BUSINESS, COST OF SUBSTITUTE GOODS OR SERVICES, OR ANY FORM OF INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, WHETHER ARISING IN TORT ( INCLUDING NEGLIGENCE ), CONTRACT, STRICT LIABILITY OR OTHERWISE, WHETHER OR NOT RLG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. The entire risk of satisfactory quality and performance resides with you.
Except as required by applicable law, RLG shall not be liable to you for any acts or omissions by an operator.
In no event shall RLG's total liability to you for all damages exceed the amount actually paid by you for Dragon: The Game.
You agree that a breach of this EULA may cause irreparable injury to RLG for which monetary damages would not be an adequate remedy and RLG shall in such event by entitled to seek equitable relief in addition to any other remedies it may have hereunder or at law.
Applicable Law
This EULA shall be governed by and construed and interpreted in accordance with English law, and the parties hereby submit to the exclusive jurisdiction of the courts of England. The parties agree that the UN Convention on Contracts for the International Sale of Goods ( Vienna, 1980 ) shall not apply to this EULA or to any dispute or transaction arising out of this EULA.
Both parties agree that they before initiating any action in court, first seek to resolve any dispute between them through good faith negotiations of up to 15 days initiated by written communication, except in the case of injunctive relief.
This EULA is in substitution for all previous contracts express or implied between the parties.
This EULA embodies the entire understanding of the parties in respect of the matters contained or referred to in it and there are no promises, terms, conditions or obligations, oral or written, express or implied, other than those contained in this EULA.
Severability
If any provision of this EULA shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect the other provisions of this Agreement (as appropriate) and all provisions not affected by such invalidity or unenforceability shall remain in full force and effect.