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PLEASE READ THE FOLLOWING END USER LICENSE AGREEMENT (“AGREEMENT”) BEFORE INSTALLING OUT OF REACH, (THE “GAME SOFTWARE”). BY INSTALLING, COPYING, AND/OR OTHERWISE USING THE GAME SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT AS SET FORTH BY SPACE BOAT STUDIOS SP. Z O.O., LOCATED AT ABRAMOWSKIEGO 6/10 M 10 90-355 ŁÓDŹ.
YOUR USE OF THE GAME SOFTWARE IS ALSO SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN THE STEAM™ SUBSCRIBER AGREEMENT AND/OR ANY OTHER TERMS SET FORTH BY VALVE CORPORATION IN RELATION TO THE STEAM SERVICE.
IF YOU AGREE TO THE TERMS SET FORTH IN THIS AGREEMENT, select “I ACCEPT” to install the Game Software and to indicate your acceptance of these terms and your understanding of the conditions of use of the Game Software.
IF YOU DO NOT AGREE TO THE TERMS SET FORTH IN THIS AGREEMENT, select “I DO NOT ACCEPT” and Space Boat Studios Sp. z o.o. shall not grant to you the License (defined below) to the Game Software.
LIMITED USE LICENSE
The term “Game Software” includes the software included in this video game, the associated media, any software associated with the online mode of the video game (subject to any additional terms of use applicable to such online mode), any printed materials, manuals, any online or electronic documentation, and any and all copies of such software and materials. Space Boat Studios Sp. z o.o. grants to you the non-exclusive, non-transferable, limited right and license to install and use one (1) copy of the Game Software on one (1) computer hard drive at any given time solely for your personal use (the “License”). All rights not specifically granted under this License are hereby reserved by Space Boat Studios Sp. z o.o. and, as applicable, by its licensors. The Game Software is licensed to you, not sold. This License does not give you any title or ownership in the Game Software, and should not be construed as a sale or transfer of any intellectual property or other rights to the Game Software.
OWNERSHIP
You agree and acknowledge that all title, ownership rights, and intellectual property rights connected with the Game Software and any and all copies thereof (including but not limited to any derivative works, titles, computer code, themes, objects, characters, character names, stories, dialogs, catch phrases, locations, concepts, artwork, graphics, animation, sounds, musical compositions, audio-visual effects, text, screen displays, methods of operation, moral rights, “applets” incorporated into the Game Software, and any related documentation) are owned by Space Boat Studios Sp. z o.o. or its licensors.
The Game Software is protected by the international copyright treaties and conventions, common law trademark laws, and other laws. All rights are reserved worldwide. The Game Software contains certain materials licensed by Space Boat Studios Sp. z o.o. from others, and Space Boat Studios Sp. z o.o. and Space Boat Studios Sp. z o.o. licensors may protect their rights in the event of any violation of this Agreement.
LICENSE CONDITIONS AND RESTRICTIONS
You agree to only use the Game Software, or any part of it, in a manner that is consistent with this License and you SHALL NOT:
(a) without written permission from Space Boat Studios Sp. z o.o., use, advertise or exploit in any manner the Game Software or any of its parts commercially, including but not limited to use at a cyber (Internet) café, computer gaming center or any other location-based site;
(b) without a separate, additional license from Space Boat Studios Sp. z o.o., use the Game Software or permit the use of the Game Software, on more than one computer, game console, handheld device or PDA at the same time;
(c) use the Game Software, or permit use of the Game Software, in a network, multi-user arrangement or remote access arrangement, including any online use, except as otherwise explicitly permitted by Space Boat Studios Sp. z o.o. in writing;
(d) make copies of the Game Software or any part thereof, except that you may make one (1) copy of the Game Software for backup or archival purposes, or make copies of the materials accompanying the Game Software for non-commercial backup and reference only;
(e) sell, rent, lease, license, distribute, upload to any Internet server or web site, or otherwise transfer any portion of this Game Software or any copies without the express prior written consent of Space Boat Studios Sp. z o.o.
(f) reverse engineer, derive source code, modify, decompile, disassemble, or create derivative works of the Game Software, in whole or in part (except as the applicable law expressly permits, in which case all and any lawful modifications, adaptations, improvements, etc., and all copyrights and morale rights therein, shall be deemed assigned to, and shall belong to, vest in and be the exclusive property of Space Boat Studios Sp. z o.o. and/or its licensors on creation, in any event);
(g) remove, disable or circumvent any security protections or any technical measures that control access to the Game Software;
(h) remove, modify, deface or circumvent any proprietary notices or labels contained on or within the Game Software;
(i) export or re-export the Game Software or any copy or adaptation in violation of any applicable laws or regulations; or
(j) create data or executable programs that mimic data or functionality in the Game Software.
(k) use cheats, automation software (bots), hacks, mods or any other unauthorized third-party software designed to modify the Out of Reach experience;
(l). use any unauthorized third-party software that intercepts, "mines", or otherwise collects information from or through the Game Software or the Service, including without limitation any software that reads areas of RAM used by the Game Software to store information about a character or the game environment; provided, however, that Space Boat Studios Sp. z o.o. may, at its sole and absolute discretion, allow the use of certain third party user interfaces;
(m). modify or cause to be modified any files that are a part of the Game Software in any way not expressly authorized by Space Boat Studios Sp. z o.o.;
GAME SOFTWARE UPDATES AND PATCHES
Space Boat Studios Sp. z o.o. may provide updates, patches and other modifications to the Game Software that must be installed for the user to continue to play the game properly or at all. Space Boat Studios Sp. z o.o. may update, patch or modify the Game Software remotely and access the Game Software residing on your machine for such purpose, and you hereby grant to Space Boat Studios Sp. z o.o. the right to deploy and apply such patches, updates and modifications. All provisions of this Agreement that refer to the “Game Software” shall also include all such patches, updates and modifications.
Duration of the "On-line" Component of the Game.
This Game is an 'on-line' game that must be played over the Internet through the Service as provided by Space Boat Studios Sp. z o.o.. You understand and agree that the Service is provided by Space Boat Studios Sp. z o.o. at its discretion and may be terminated or otherwise discontinued by Space Boat Studios Sp. z o.o. pursuant to the Terms of Use.
LIMITED WARRANTY
You are aware and agree that use of the Game Software and the media on which it is recorded is at your sole risk. Space Boat Studios Sp. z o.o. warrants to the original consumer purchaser of the Game Software that the recording medium on which the Game Software is recorded shall be free from defects in material and workmanship for a period of ninety (90) days from the original date of purchase (the “Limited Warranty”). If a defect covered by the Limited Warranty occurs during this ninety (90) day period, the defective Game Software shall be replaced by the retailer from which you purchased the Game Software, free of charge. Please retain the original or a photocopy of your dated sales receipt to establish the date of purchase for in-warranty replacement. For replacement, return the product, with its original packaging and receipt, to the retailer from which the software was originally purchased.
THE FOREGOING IS YOUR SOLE AND EXCLUSIVE REMEDY FOR THE EXPRESS WARRANTY SET FORTH IN THIS SECTION.
This Limited Warranty does not apply if the defects have been caused by your negligence, accident, unreasonable use, modification, tampering, or any other causes not related to defective materials or manufacturing workmanship, and Space Boat Studios Sp. z o.o. and its licensors shall not be held liable for any damage, injury or loss if caused as a result of any of these reasons.
OTHER THAN EXPRESSLY SET FORTH IN THIS AGREEMENT, THE GAME SOFTWARE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. NO ORAL OR WRITTEN ADVICE OR INFORMATION GIVEN BY SPACE BOAT STUDIOS SP. Z O.O. OR ANY OF ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS LIMITED WARRANTY.
Some states and jurisdictions do not allow the exclusion of, or limitations on, limited or implied warranties, and in such states and jurisdictions, Space Boat Studios Sp. z o.o. and its licensors’ liability shall be limited to the maximum extent permitted by law. You may have other rights that vary from state-to-state or from jurisdiction-to-jurisdiction. Under no circumstances shall any implied warranty required by law exceed the 90-day period of the Limited Warranty above.
LIMITATIONS ON DAMAGES
IN NO EVENT SHALL SPACE BOAT STUDIOS SP. Z O.O. OR ITS LICENSORS BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, USE OR MALFUNCTION OF THE GAME SOFTWARE, INCLUDING WITHOUT LIMITATION ANY LOSSES OR DAMAGES CONNECTED WITH OR CONSISTING OF LOST PROFITS, DAMAGE TO PROPERTY, LOST OR CORRUPTED DATA OR FILES, LOSS OF GOODWILL, CONSOLE, COMPUTER OR HANDHELD DEVICE FAILURE, ERRORS AND LOST BUSINESS OR OTHER INFORMATION AS A RESULT OF POSSESSION, USE OR MALFUNCTION OF THE GAME SOFTWARE, OR PERSONAL INJURIES, EVEN IF SPACE BOAT STUDIOS SP. Z O.O. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. FURTHERMORE, IN NO EVENT SHALL SPACE BOAT STUDIOS SP. Z O.O. OR ITS LICENSORS BE LIABLE FOR SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES RESULTING FROM THE BREACH OF ANY EXPRESS OR IMPLIED WARRANTIES OR ANY OTHER TERMS OF THIS AGREEMENT. SPACE BOAT STUDIOS SP. Z O.O. TOTAL LIABILITY IN ALL CASES SHALL NOT EXCEED THE ACTUAL PRICE PAID FOR THE GAME SOFTWARE. THE FOREGOING APPLIES EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
INJUNCTION
Because Space Boat Studios Sp. z o.o. would be irreparably damaged if the terms of this Agreement were not specifically enforced, you agree that Space Boat Studios Sp. z o.o. shall be entitled, without bond or other security or proof of damages, to take such action as may be required, including seeking an injunction and other equitable remedies, in addition to any other remedies available to it under the applicable law.
INDEMNITY
You agree to indemnify, defend and hold harmless Space Boat Studios Sp. z o.o., its partners, affiliates, contractors, licensors, officers, directors, employees and agents from all claims, damages, costs and expenses (including reasonable legal fees) arising directly or indirectly from your acts or omissions in connection with using the Game Software or any breach by you of the terms of this Agreement.
CHOICE OF LAW AND JURISDICTION
THIS AGREEMENT, AND THE RIGHTS AND OBLIGATIONS OF YOU AND SPACE BOAT STUDIOS SP. Z O.O. CONCERNING THE GAME SOFTWARE, SHALL BE CONSTRUED AND ENFORCED UNDER POLISH LAW AS SUCH LAW IS APPLIED TO AGREEMENTS BETWEEN POLISH RESIDENTS ENTERED INTO AND TO BE PERFORMED WITHIN POLAND, WITHOUT REGARD TO POLISH CONFLICTS OF LAW PRINCIPLES. TO THE EXTENT ANY CLAIMS ARE GOVERNED BY FEDERAL LAW, SUCH FEDERAL LAW ALSO SHALL BE APPLICABLE. YOU AND SPACE BOAT STUDIOS SP. Z O.O. CONSENT TO THE EXCLUSIVE PERSONAL JURISDICTION OF COURTS LOCATED IN ŁÓDŹ, POLAND, IN CONNECTION WITH ANY CLAIM OR DISPUTE CONCERNING THIS AGREEMENT OR THE GAME SOFTWARE, AND YOU AND SPACE BOAT STUDIOS SP. Z O.O. WAIVE ANY OBJECTION BASED ON THE VENUE OR INCONVENIENCE OF SUCH FORUM.
Informal Negotiations and Binding Arbitration
To expedite resolution and control the cost of any dispute, controversy or claim related to this License Agreement ("Dispute"), you and Space Boat Studios Sp. z o.o. agree to first attempt to negotiate any Dispute informally for at least 30 days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other. Space Boat Studios Sp. z o.o. will send its notice to your billing address and email you a copy to the email address you have provided to us. You will send your notice to Space Boat Studios Sp. z o.o. Abramowskiego 6/10 m 10 90-355 Łódź.
If you and Space Boat Studios Sp. z o.o. are unable to resolve a Dispute through informal negotiations, either you or Space Boat Studios Sp. z o.o. may elect to have the Dispute finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other.
AMENDMENTS
Space Boat Studios Sp. z o.o. reserves the right to amend this Agreement at any time, at its sole discretion, but will post such changes on the Space Boat Studios Sp. z o.o. website and/or will communicate such changes through the Steam service. If any such future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you may terminate this Agreement in accordance with the above Termination provisions. Your installation and use of any updates or modifications to the Game Software or your continued use of the Game Software following notice of changes to this Agreement will constitute your acceptance of any and all such changes to the terms of this Agreement.
MISCELLANEOUS
This Agreement represents the complete agreement between you and Space Boat Studios Sp. z o.o. concerning the License and your rights to use the Game Software, and supersedes all prior agreements and representations, warranties or understandings between you and Space Boat Studios Sp. z o.o. (whether negligently or innocently made but excluding those made fraudulently), regarding the same subject matter. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and the remaining provisions of this Agreement shall remain in full force and not be affected.
YOUR USE OF THE GAME SOFTWARE IS ALSO SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN THE STEAM™ SUBSCRIBER AGREEMENT AND/OR ANY OTHER TERMS SET FORTH BY VALVE CORPORATION IN RELATION TO THE STEAM SERVICE.
IF YOU AGREE TO THE TERMS SET FORTH IN THIS AGREEMENT, select “I ACCEPT” to install the Game Software and to indicate your acceptance of these terms and your understanding of the conditions of use of the Game Software.
IF YOU DO NOT AGREE TO THE TERMS SET FORTH IN THIS AGREEMENT, select “I DO NOT ACCEPT” and Space Boat Studios Sp. z o.o. shall not grant to you the License (defined below) to the Game Software.
LIMITED USE LICENSE
The term “Game Software” includes the software included in this video game, the associated media, any software associated with the online mode of the video game (subject to any additional terms of use applicable to such online mode), any printed materials, manuals, any online or electronic documentation, and any and all copies of such software and materials. Space Boat Studios Sp. z o.o. grants to you the non-exclusive, non-transferable, limited right and license to install and use one (1) copy of the Game Software on one (1) computer hard drive at any given time solely for your personal use (the “License”). All rights not specifically granted under this License are hereby reserved by Space Boat Studios Sp. z o.o. and, as applicable, by its licensors. The Game Software is licensed to you, not sold. This License does not give you any title or ownership in the Game Software, and should not be construed as a sale or transfer of any intellectual property or other rights to the Game Software.
OWNERSHIP
You agree and acknowledge that all title, ownership rights, and intellectual property rights connected with the Game Software and any and all copies thereof (including but not limited to any derivative works, titles, computer code, themes, objects, characters, character names, stories, dialogs, catch phrases, locations, concepts, artwork, graphics, animation, sounds, musical compositions, audio-visual effects, text, screen displays, methods of operation, moral rights, “applets” incorporated into the Game Software, and any related documentation) are owned by Space Boat Studios Sp. z o.o. or its licensors.
The Game Software is protected by the international copyright treaties and conventions, common law trademark laws, and other laws. All rights are reserved worldwide. The Game Software contains certain materials licensed by Space Boat Studios Sp. z o.o. from others, and Space Boat Studios Sp. z o.o. and Space Boat Studios Sp. z o.o. licensors may protect their rights in the event of any violation of this Agreement.
LICENSE CONDITIONS AND RESTRICTIONS
You agree to only use the Game Software, or any part of it, in a manner that is consistent with this License and you SHALL NOT:
(a) without written permission from Space Boat Studios Sp. z o.o., use, advertise or exploit in any manner the Game Software or any of its parts commercially, including but not limited to use at a cyber (Internet) café, computer gaming center or any other location-based site;
(b) without a separate, additional license from Space Boat Studios Sp. z o.o., use the Game Software or permit the use of the Game Software, on more than one computer, game console, handheld device or PDA at the same time;
(c) use the Game Software, or permit use of the Game Software, in a network, multi-user arrangement or remote access arrangement, including any online use, except as otherwise explicitly permitted by Space Boat Studios Sp. z o.o. in writing;
(d) make copies of the Game Software or any part thereof, except that you may make one (1) copy of the Game Software for backup or archival purposes, or make copies of the materials accompanying the Game Software for non-commercial backup and reference only;
(e) sell, rent, lease, license, distribute, upload to any Internet server or web site, or otherwise transfer any portion of this Game Software or any copies without the express prior written consent of Space Boat Studios Sp. z o.o.
(f) reverse engineer, derive source code, modify, decompile, disassemble, or create derivative works of the Game Software, in whole or in part (except as the applicable law expressly permits, in which case all and any lawful modifications, adaptations, improvements, etc., and all copyrights and morale rights therein, shall be deemed assigned to, and shall belong to, vest in and be the exclusive property of Space Boat Studios Sp. z o.o. and/or its licensors on creation, in any event);
(g) remove, disable or circumvent any security protections or any technical measures that control access to the Game Software;
(h) remove, modify, deface or circumvent any proprietary notices or labels contained on or within the Game Software;
(i) export or re-export the Game Software or any copy or adaptation in violation of any applicable laws or regulations; or
(j) create data or executable programs that mimic data or functionality in the Game Software.
(k) use cheats, automation software (bots), hacks, mods or any other unauthorized third-party software designed to modify the Out of Reach experience;
(l). use any unauthorized third-party software that intercepts, "mines", or otherwise collects information from or through the Game Software or the Service, including without limitation any software that reads areas of RAM used by the Game Software to store information about a character or the game environment; provided, however, that Space Boat Studios Sp. z o.o. may, at its sole and absolute discretion, allow the use of certain third party user interfaces;
(m). modify or cause to be modified any files that are a part of the Game Software in any way not expressly authorized by Space Boat Studios Sp. z o.o.;
GAME SOFTWARE UPDATES AND PATCHES
Space Boat Studios Sp. z o.o. may provide updates, patches and other modifications to the Game Software that must be installed for the user to continue to play the game properly or at all. Space Boat Studios Sp. z o.o. may update, patch or modify the Game Software remotely and access the Game Software residing on your machine for such purpose, and you hereby grant to Space Boat Studios Sp. z o.o. the right to deploy and apply such patches, updates and modifications. All provisions of this Agreement that refer to the “Game Software” shall also include all such patches, updates and modifications.
Duration of the "On-line" Component of the Game.
This Game is an 'on-line' game that must be played over the Internet through the Service as provided by Space Boat Studios Sp. z o.o.. You understand and agree that the Service is provided by Space Boat Studios Sp. z o.o. at its discretion and may be terminated or otherwise discontinued by Space Boat Studios Sp. z o.o. pursuant to the Terms of Use.
LIMITED WARRANTY
You are aware and agree that use of the Game Software and the media on which it is recorded is at your sole risk. Space Boat Studios Sp. z o.o. warrants to the original consumer purchaser of the Game Software that the recording medium on which the Game Software is recorded shall be free from defects in material and workmanship for a period of ninety (90) days from the original date of purchase (the “Limited Warranty”). If a defect covered by the Limited Warranty occurs during this ninety (90) day period, the defective Game Software shall be replaced by the retailer from which you purchased the Game Software, free of charge. Please retain the original or a photocopy of your dated sales receipt to establish the date of purchase for in-warranty replacement. For replacement, return the product, with its original packaging and receipt, to the retailer from which the software was originally purchased.
THE FOREGOING IS YOUR SOLE AND EXCLUSIVE REMEDY FOR THE EXPRESS WARRANTY SET FORTH IN THIS SECTION.
This Limited Warranty does not apply if the defects have been caused by your negligence, accident, unreasonable use, modification, tampering, or any other causes not related to defective materials or manufacturing workmanship, and Space Boat Studios Sp. z o.o. and its licensors shall not be held liable for any damage, injury or loss if caused as a result of any of these reasons.
OTHER THAN EXPRESSLY SET FORTH IN THIS AGREEMENT, THE GAME SOFTWARE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. NO ORAL OR WRITTEN ADVICE OR INFORMATION GIVEN BY SPACE BOAT STUDIOS SP. Z O.O. OR ANY OF ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS LIMITED WARRANTY.
Some states and jurisdictions do not allow the exclusion of, or limitations on, limited or implied warranties, and in such states and jurisdictions, Space Boat Studios Sp. z o.o. and its licensors’ liability shall be limited to the maximum extent permitted by law. You may have other rights that vary from state-to-state or from jurisdiction-to-jurisdiction. Under no circumstances shall any implied warranty required by law exceed the 90-day period of the Limited Warranty above.
LIMITATIONS ON DAMAGES
IN NO EVENT SHALL SPACE BOAT STUDIOS SP. Z O.O. OR ITS LICENSORS BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, USE OR MALFUNCTION OF THE GAME SOFTWARE, INCLUDING WITHOUT LIMITATION ANY LOSSES OR DAMAGES CONNECTED WITH OR CONSISTING OF LOST PROFITS, DAMAGE TO PROPERTY, LOST OR CORRUPTED DATA OR FILES, LOSS OF GOODWILL, CONSOLE, COMPUTER OR HANDHELD DEVICE FAILURE, ERRORS AND LOST BUSINESS OR OTHER INFORMATION AS A RESULT OF POSSESSION, USE OR MALFUNCTION OF THE GAME SOFTWARE, OR PERSONAL INJURIES, EVEN IF SPACE BOAT STUDIOS SP. Z O.O. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. FURTHERMORE, IN NO EVENT SHALL SPACE BOAT STUDIOS SP. Z O.O. OR ITS LICENSORS BE LIABLE FOR SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES RESULTING FROM THE BREACH OF ANY EXPRESS OR IMPLIED WARRANTIES OR ANY OTHER TERMS OF THIS AGREEMENT. SPACE BOAT STUDIOS SP. Z O.O. TOTAL LIABILITY IN ALL CASES SHALL NOT EXCEED THE ACTUAL PRICE PAID FOR THE GAME SOFTWARE. THE FOREGOING APPLIES EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
INJUNCTION
Because Space Boat Studios Sp. z o.o. would be irreparably damaged if the terms of this Agreement were not specifically enforced, you agree that Space Boat Studios Sp. z o.o. shall be entitled, without bond or other security or proof of damages, to take such action as may be required, including seeking an injunction and other equitable remedies, in addition to any other remedies available to it under the applicable law.
INDEMNITY
You agree to indemnify, defend and hold harmless Space Boat Studios Sp. z o.o., its partners, affiliates, contractors, licensors, officers, directors, employees and agents from all claims, damages, costs and expenses (including reasonable legal fees) arising directly or indirectly from your acts or omissions in connection with using the Game Software or any breach by you of the terms of this Agreement.
CHOICE OF LAW AND JURISDICTION
THIS AGREEMENT, AND THE RIGHTS AND OBLIGATIONS OF YOU AND SPACE BOAT STUDIOS SP. Z O.O. CONCERNING THE GAME SOFTWARE, SHALL BE CONSTRUED AND ENFORCED UNDER POLISH LAW AS SUCH LAW IS APPLIED TO AGREEMENTS BETWEEN POLISH RESIDENTS ENTERED INTO AND TO BE PERFORMED WITHIN POLAND, WITHOUT REGARD TO POLISH CONFLICTS OF LAW PRINCIPLES. TO THE EXTENT ANY CLAIMS ARE GOVERNED BY FEDERAL LAW, SUCH FEDERAL LAW ALSO SHALL BE APPLICABLE. YOU AND SPACE BOAT STUDIOS SP. Z O.O. CONSENT TO THE EXCLUSIVE PERSONAL JURISDICTION OF COURTS LOCATED IN ŁÓDŹ, POLAND, IN CONNECTION WITH ANY CLAIM OR DISPUTE CONCERNING THIS AGREEMENT OR THE GAME SOFTWARE, AND YOU AND SPACE BOAT STUDIOS SP. Z O.O. WAIVE ANY OBJECTION BASED ON THE VENUE OR INCONVENIENCE OF SUCH FORUM.
Informal Negotiations and Binding Arbitration
To expedite resolution and control the cost of any dispute, controversy or claim related to this License Agreement ("Dispute"), you and Space Boat Studios Sp. z o.o. agree to first attempt to negotiate any Dispute informally for at least 30 days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other. Space Boat Studios Sp. z o.o. will send its notice to your billing address and email you a copy to the email address you have provided to us. You will send your notice to Space Boat Studios Sp. z o.o. Abramowskiego 6/10 m 10 90-355 Łódź.
If you and Space Boat Studios Sp. z o.o. are unable to resolve a Dispute through informal negotiations, either you or Space Boat Studios Sp. z o.o. may elect to have the Dispute finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other.
AMENDMENTS
Space Boat Studios Sp. z o.o. reserves the right to amend this Agreement at any time, at its sole discretion, but will post such changes on the Space Boat Studios Sp. z o.o. website and/or will communicate such changes through the Steam service. If any such future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you may terminate this Agreement in accordance with the above Termination provisions. Your installation and use of any updates or modifications to the Game Software or your continued use of the Game Software following notice of changes to this Agreement will constitute your acceptance of any and all such changes to the terms of this Agreement.
MISCELLANEOUS
This Agreement represents the complete agreement between you and Space Boat Studios Sp. z o.o. concerning the License and your rights to use the Game Software, and supersedes all prior agreements and representations, warranties or understandings between you and Space Boat Studios Sp. z o.o. (whether negligently or innocently made but excluding those made fraudulently), regarding the same subject matter. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and the remaining provisions of this Agreement shall remain in full force and not be affected.