| Language: |
END USER LICENSE AGREEMENT
FOR RUSTBUCKET RUMBLE™
This End User License Agreement (“EULA”) applies to the Rustbucket Rumble™ video game published by Scrap Yard Productions, LLC (“Licensor”) that you have downloaded from Steam (the “Game”). The use of the Game constitutes your agreement to be bound by the EULA terms stated below.
PLEASE READ THIS AGREEMENT CAREFULLY. IF YOU DO NOT AGREE TO ALL THE TERMS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO INSTALL, OR USE THE GAME.
1. LICENSE
Licensor hereby grants you a nonexclusive, non-transferable, limited, and revocable right and license to use one copy of the Game for your personal, non-commercial use for gameplay on a single Steam account. Your license rights are subject to your compliance with this Agreement. The term of your license begins on the date that you install or otherwise use the Game and ends on the earlier of your disposal of the Game or the termination of this Agreement.
The Game is licensed, not sold, to you and you hereby acknowledge that no title or ownership in the Game is being transferred or assigned. Licensor retains sole ownership of the Game, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, audiovisual effects, themes, characters, character names, stories, dialog, settings, artwork, sounds effects, musical works, and moral rights. The Game is protected by U.S. copyright and trademark law and applicable laws and treaties throughout the world. The Game may not be copied, reproduced, or distributed in any manner or medium, in whole or in part, without prior written consent from Licensor. Any persons copying, reproducing, or distributing all or any portion of the Game in any manner or medium, will be willfully violating the copyright laws and may be subject to civil and criminal penalties in the U.S. or their local country. U.S. copyright violations are subject to statutory penalties of up to $150,000 per violation. The Game contains certain materials licensed from third parties and Licensor’s licensors may also protect their rights in the event of any violation of this Agreement. All rights not expressly granted under this Agreement are reserved by Licensor and, as applicable, its licensors.
2. LICENSE CONDITIONS
You agree not to:
a. commercially exploit the Game;
b. distribute, lease, license, sell, rent, or otherwise transfer or assign the Game, or any copies of the Game, without the express prior written consent of Licensor;
c. make a copy of the Game or any part thereof (other than as permitted herein);
d. make a copy of the Game available on a network for use or download by multiple users;
e. except as specifically permitted by the Game software, use or install the Game (or permit others to do same) on a network or for on-line use.
f. reverse engineer, decompile, disassemble, display, perform, prepare derivative works based on, or otherwise modify the Game, in whole or in part;
g. remove or modify any proprietary notices, marks, or labels contained on or within the Game;
h. restrict or inhibit any other user from using and enjoying any online features of the Game;
i. cheat or utilize any unauthorized robot, spider, or other program in connection with any features of the Game; or
j. violate any terms, policies, licenses, or code of conduct for any features of the Game.
3. ACCESS TO SPECIAL FEATURES
Redemption of a unique serial code, registration of the Game, membership in a third-party service and/or membership in a Licensor service (including acceptance of related terms and policies) may be required to activate the Game or access certain un-lockable, downloadable or other special content, services, and/or functions (collectively, “Special Features”). Access to Special Features is limited to a single User Account (as defined below) per serial code and access to Special Features cannot be transferred, sold, leased, licensed, rented, or re-registered by another user unless otherwise expressly specified. The provisions of this paragraph supersede any other term in this Agreement.
4. TECHNICAL PROTECTIONS
The Game may include measures to control access to the Game, control access to certain features or content, prevent unauthorized copies, or otherwise attempt to prevent anyone from exceeding the limited rights and licenses granted under this Agreement. Such measures may include incorporating license management, product activation, and other security technology in the Game and monitoring usage, including, but not limited to, time, date, access, or other controls, counters, serial numbers, and/or other security devices designed to prevent the unauthorized access, use, and copying of the Game, or any portions or components thereof, including any violations of this Agreement. Licensor reserves the right to monitor use of the Game at any time. You may not interfere with access control measures or attempt to disable or circumvent security features, and if you do, the Game may not function properly. Only a Game that is subject to a valid license can be used to access online services, including downloading updates and patches. Except as otherwise prohibited by applicable law, Licensor may limit, suspend, or terminate the license granted hereunder and access to the Game, including, but not limited to, any related services and products, at any time without notice for any reason whatsoever.
5. POSTING GAMEPLAY
You may (i) post screen shots or videos of your gameplay on the Internet; and (ii) live stream your gameplay, in each case provided that any posting or live streaming does not present the Game in a derogatory manner.
6. GAME STORE TERMS
This Agreement and the provision of the Game through Steam is subject to the additional terms and conditions required by the Steam game store and all such applicable terms and conditions are incorporated herein by this reference. Licensor is not responsible or liable to you for any credit card or bank-related charges or other charges or fees related to your purchase transactions through the Steam game store. All such transactions are administered by the Steam game store, not Licensor. Licensor expressly disclaims any liability for any such transactions, and you agree that your sole remedy regarding all transactions is from or through the Steam game store.
7. INFORMATION COLLECTION & USAGE
By installing and using the Game, you consent to the information collection and usage terms set forth in this section including (i) the public display of your data, such as displaying your scores, ranking, achievements, and other gameplay data on websites and other platforms; (ii) the sharing of your gameplay data with platform hosts, and Licensor’s marketing partners; and (iii) other uses and disclosures of information as permitted by law. If you do not want your information used or shared in this manner, then you should not use the Game.
8. LIMITED WARRANTY
Licensor warrants to you (if you are the original purchaser of the Game but not if you obtain the Game and accompanying documentation as a transfer from the original purchaser) that the Game is compatible with a computer or gaming unit meeting the minimum system requirements listed on the Steam game store website. The foregoing warranty expires 90 days after the date of purchase. However, due to variations in hardware, Game, internet connections, and individual usage, Licensor does not warrant the performance of the Game on your specific computer or gaming unit. Licensor does not warrant against interference with your enjoyment of the Game; that the Game will meet your requirements; that operation of the Game will be uninterrupted or error-free; or that the Game will be compatible with third-party Game or hardware or that any errors in the Game will be corrected. No oral or written advice provided by Licensor or any authorized representative shall create a warranty. Because some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, some or all of the above exclusions and limitations may not apply to you.
If you discover a bug or another anomaly with the Game, you may notify Licensor through its website. Licensor may, in its sole discretion, correct or work around that problem and distribute an updated version of the Game to you and other Game users.
Except as set forth above, this warranty is in lieu of all other warranties, whether oral or written, express or implied, including any other warranty of merchantability, fitness for a particular purpose, or non-infringement, and no other representations or warranties of any kind shall be binding on Licensor.
9. INDEMNITY
You agree to indemnify, defend, and hold Licensor, its licensors, affiliates, contractors, officers, directors, employees, and agents harmless from all damages, losses, and expenses arising directly or indirectly from your acts and omissions to act in using the Game.
IN NO EVENT WILL LICENSOR BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, USE, OR MALFUNCTION OF THE GAME, INCLUDING, BUT NOT LIMITED TO, DAMAGES TO PROPERTY, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION, AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, PROPERTY DAMAGE, OR LOST PROFITS OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE GAME, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY, OR OTHERWISE, WHETHER OR NOT LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL LICENSOR’S LIABILITY FOR ALL DAMAGES (EXCEPT AS REQUIRED BY APPLICABLE LAW) EXCEED THE ACTUAL PRICE PAID BY YOU FOR USE OF THE GAME.
BECAUSE SOME STATES/COUNTRIES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS AND/OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, DEATH, OR PERSONAL INJURY RESULTING FROM NEGLIGENCE, FRAUD, OR WILLFUL MISCONDUCT, THESE LIMITATIONS AND/OR EXCLUSIONS AND ANY EXCLUSION OR LIMITATION OTHERWISE RESULTING FROM THE ABOVE INDEMNITY MAY NOT APPLY TO YOU. THIS COVENANT SHALL NOT BE APPLICABLE SOLELY TO THE EXTENT THAT ANY SPECIFIC PROVISION OF THIS COVENANT IS PROHIBITED BY ANY FEDERAL, STATE, OR MUNICIPAL LAW, WHICH CANNOT BE PRE-EMPTED. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
WE DISCLAIM ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO THIRD-PARTY ACTIONS OR INACTIONS THAT IMPAIR OR DISRUPT YOUR CONNECTIONS TO THE INTERNET, WIRELESS SERVICES, OR PORTIONS THEREOF OR THE USE OF THE GAME AND RELATED SERVICES AND PRODUCTS.
10. TERMINATION
This Agreement is effective until terminated by you or by the Licensor. This Agreement automatically terminates when Licensor ceases to operate the Game servers, if Licensor determines or believes your use of the Game involves or may involve any illicit activity, or upon your failure to comply with terms and conditions of this Agreement, including, but not limited to, the License Conditions above. You may terminate this Agreement at any time by requesting Licensor to terminate and delete your User Account that is used to access or use the Game using the method set forth on the Steam game store website. Deleting the Game from your Game Platform will not delete the information associated with your User Account. If you reinstall the Game using the same User Account, then you may still have access to your prior User Account information. If this Agreement terminates due to your violation of this Agreement, Licensor may prohibit you from re-registering or re-accessing the Game. Upon any termination of this Agreement, you must permanently delete all copies of the Game, accompanying documentation, in your possession or control, including from any client server, computer, gaming unit, or mobile device on which it has been installed. Upon termination of this Agreement, your rights to use the Game will terminate immediately, and you must cease all use of the Game. The termination of this Agreement will not affect our rights or your obligations arising under this Agreement.
11. EQUITABLE REMEDIES
You acknowledge that if the terms of this Agreement are not specifically enforced, Licensor will be irreparably damaged, and therefore you agree that Licensor shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to any violation of this Agreement, including temporary and permanent injunctive relief, in addition to any other available remedies.
12. MISCELLANEOUS
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 not be affected.
13. GOVERNING LAW
This Agreement shall be construed (without regard to conflicts or choice of law principles) under the laws of the State of Michigan, USA, except as governed by U.S. federal law. Unless expressly waived by Licensor in writing for the particular instance or contrary to local law, the sole and exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the state and federal courts located in Licensor’s principal corporate place of business (Washtenaw County, Michigan, U.S.A.). You and Licensor consent to the jurisdiction of such courts and agree that process may be served in the manner provided herein for giving of notices or otherwise as allowed by Michigan state or federal law. The UN Convention on Contracts for the International Sale of Goods (Vienna, 1980) shall not apply to this Agreement or to any dispute or transaction arising out of this Agreement.
FOR RUSTBUCKET RUMBLE™
This End User License Agreement (“EULA”) applies to the Rustbucket Rumble™ video game published by Scrap Yard Productions, LLC (“Licensor”) that you have downloaded from Steam (the “Game”). The use of the Game constitutes your agreement to be bound by the EULA terms stated below.
PLEASE READ THIS AGREEMENT CAREFULLY. IF YOU DO NOT AGREE TO ALL THE TERMS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO INSTALL, OR USE THE GAME.
1. LICENSE
Licensor hereby grants you a nonexclusive, non-transferable, limited, and revocable right and license to use one copy of the Game for your personal, non-commercial use for gameplay on a single Steam account. Your license rights are subject to your compliance with this Agreement. The term of your license begins on the date that you install or otherwise use the Game and ends on the earlier of your disposal of the Game or the termination of this Agreement.
The Game is licensed, not sold, to you and you hereby acknowledge that no title or ownership in the Game is being transferred or assigned. Licensor retains sole ownership of the Game, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, audiovisual effects, themes, characters, character names, stories, dialog, settings, artwork, sounds effects, musical works, and moral rights. The Game is protected by U.S. copyright and trademark law and applicable laws and treaties throughout the world. The Game may not be copied, reproduced, or distributed in any manner or medium, in whole or in part, without prior written consent from Licensor. Any persons copying, reproducing, or distributing all or any portion of the Game in any manner or medium, will be willfully violating the copyright laws and may be subject to civil and criminal penalties in the U.S. or their local country. U.S. copyright violations are subject to statutory penalties of up to $150,000 per violation. The Game contains certain materials licensed from third parties and Licensor’s licensors may also protect their rights in the event of any violation of this Agreement. All rights not expressly granted under this Agreement are reserved by Licensor and, as applicable, its licensors.
2. LICENSE CONDITIONS
You agree not to:
a. commercially exploit the Game;
b. distribute, lease, license, sell, rent, or otherwise transfer or assign the Game, or any copies of the Game, without the express prior written consent of Licensor;
c. make a copy of the Game or any part thereof (other than as permitted herein);
d. make a copy of the Game available on a network for use or download by multiple users;
e. except as specifically permitted by the Game software, use or install the Game (or permit others to do same) on a network or for on-line use.
f. reverse engineer, decompile, disassemble, display, perform, prepare derivative works based on, or otherwise modify the Game, in whole or in part;
g. remove or modify any proprietary notices, marks, or labels contained on or within the Game;
h. restrict or inhibit any other user from using and enjoying any online features of the Game;
i. cheat or utilize any unauthorized robot, spider, or other program in connection with any features of the Game; or
j. violate any terms, policies, licenses, or code of conduct for any features of the Game.
3. ACCESS TO SPECIAL FEATURES
Redemption of a unique serial code, registration of the Game, membership in a third-party service and/or membership in a Licensor service (including acceptance of related terms and policies) may be required to activate the Game or access certain un-lockable, downloadable or other special content, services, and/or functions (collectively, “Special Features”). Access to Special Features is limited to a single User Account (as defined below) per serial code and access to Special Features cannot be transferred, sold, leased, licensed, rented, or re-registered by another user unless otherwise expressly specified. The provisions of this paragraph supersede any other term in this Agreement.
4. TECHNICAL PROTECTIONS
The Game may include measures to control access to the Game, control access to certain features or content, prevent unauthorized copies, or otherwise attempt to prevent anyone from exceeding the limited rights and licenses granted under this Agreement. Such measures may include incorporating license management, product activation, and other security technology in the Game and monitoring usage, including, but not limited to, time, date, access, or other controls, counters, serial numbers, and/or other security devices designed to prevent the unauthorized access, use, and copying of the Game, or any portions or components thereof, including any violations of this Agreement. Licensor reserves the right to monitor use of the Game at any time. You may not interfere with access control measures or attempt to disable or circumvent security features, and if you do, the Game may not function properly. Only a Game that is subject to a valid license can be used to access online services, including downloading updates and patches. Except as otherwise prohibited by applicable law, Licensor may limit, suspend, or terminate the license granted hereunder and access to the Game, including, but not limited to, any related services and products, at any time without notice for any reason whatsoever.
5. POSTING GAMEPLAY
You may (i) post screen shots or videos of your gameplay on the Internet; and (ii) live stream your gameplay, in each case provided that any posting or live streaming does not present the Game in a derogatory manner.
6. GAME STORE TERMS
This Agreement and the provision of the Game through Steam is subject to the additional terms and conditions required by the Steam game store and all such applicable terms and conditions are incorporated herein by this reference. Licensor is not responsible or liable to you for any credit card or bank-related charges or other charges or fees related to your purchase transactions through the Steam game store. All such transactions are administered by the Steam game store, not Licensor. Licensor expressly disclaims any liability for any such transactions, and you agree that your sole remedy regarding all transactions is from or through the Steam game store.
7. INFORMATION COLLECTION & USAGE
By installing and using the Game, you consent to the information collection and usage terms set forth in this section including (i) the public display of your data, such as displaying your scores, ranking, achievements, and other gameplay data on websites and other platforms; (ii) the sharing of your gameplay data with platform hosts, and Licensor’s marketing partners; and (iii) other uses and disclosures of information as permitted by law. If you do not want your information used or shared in this manner, then you should not use the Game.
8. LIMITED WARRANTY
Licensor warrants to you (if you are the original purchaser of the Game but not if you obtain the Game and accompanying documentation as a transfer from the original purchaser) that the Game is compatible with a computer or gaming unit meeting the minimum system requirements listed on the Steam game store website. The foregoing warranty expires 90 days after the date of purchase. However, due to variations in hardware, Game, internet connections, and individual usage, Licensor does not warrant the performance of the Game on your specific computer or gaming unit. Licensor does not warrant against interference with your enjoyment of the Game; that the Game will meet your requirements; that operation of the Game will be uninterrupted or error-free; or that the Game will be compatible with third-party Game or hardware or that any errors in the Game will be corrected. No oral or written advice provided by Licensor or any authorized representative shall create a warranty. Because some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, some or all of the above exclusions and limitations may not apply to you.
If you discover a bug or another anomaly with the Game, you may notify Licensor through its website. Licensor may, in its sole discretion, correct or work around that problem and distribute an updated version of the Game to you and other Game users.
Except as set forth above, this warranty is in lieu of all other warranties, whether oral or written, express or implied, including any other warranty of merchantability, fitness for a particular purpose, or non-infringement, and no other representations or warranties of any kind shall be binding on Licensor.
9. INDEMNITY
You agree to indemnify, defend, and hold Licensor, its licensors, affiliates, contractors, officers, directors, employees, and agents harmless from all damages, losses, and expenses arising directly or indirectly from your acts and omissions to act in using the Game.
IN NO EVENT WILL LICENSOR BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, USE, OR MALFUNCTION OF THE GAME, INCLUDING, BUT NOT LIMITED TO, DAMAGES TO PROPERTY, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION, AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, PROPERTY DAMAGE, OR LOST PROFITS OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE GAME, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY, OR OTHERWISE, WHETHER OR NOT LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL LICENSOR’S LIABILITY FOR ALL DAMAGES (EXCEPT AS REQUIRED BY APPLICABLE LAW) EXCEED THE ACTUAL PRICE PAID BY YOU FOR USE OF THE GAME.
BECAUSE SOME STATES/COUNTRIES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS AND/OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, DEATH, OR PERSONAL INJURY RESULTING FROM NEGLIGENCE, FRAUD, OR WILLFUL MISCONDUCT, THESE LIMITATIONS AND/OR EXCLUSIONS AND ANY EXCLUSION OR LIMITATION OTHERWISE RESULTING FROM THE ABOVE INDEMNITY MAY NOT APPLY TO YOU. THIS COVENANT SHALL NOT BE APPLICABLE SOLELY TO THE EXTENT THAT ANY SPECIFIC PROVISION OF THIS COVENANT IS PROHIBITED BY ANY FEDERAL, STATE, OR MUNICIPAL LAW, WHICH CANNOT BE PRE-EMPTED. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
WE DISCLAIM ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO THIRD-PARTY ACTIONS OR INACTIONS THAT IMPAIR OR DISRUPT YOUR CONNECTIONS TO THE INTERNET, WIRELESS SERVICES, OR PORTIONS THEREOF OR THE USE OF THE GAME AND RELATED SERVICES AND PRODUCTS.
10. TERMINATION
This Agreement is effective until terminated by you or by the Licensor. This Agreement automatically terminates when Licensor ceases to operate the Game servers, if Licensor determines or believes your use of the Game involves or may involve any illicit activity, or upon your failure to comply with terms and conditions of this Agreement, including, but not limited to, the License Conditions above. You may terminate this Agreement at any time by requesting Licensor to terminate and delete your User Account that is used to access or use the Game using the method set forth on the Steam game store website. Deleting the Game from your Game Platform will not delete the information associated with your User Account. If you reinstall the Game using the same User Account, then you may still have access to your prior User Account information. If this Agreement terminates due to your violation of this Agreement, Licensor may prohibit you from re-registering or re-accessing the Game. Upon any termination of this Agreement, you must permanently delete all copies of the Game, accompanying documentation, in your possession or control, including from any client server, computer, gaming unit, or mobile device on which it has been installed. Upon termination of this Agreement, your rights to use the Game will terminate immediately, and you must cease all use of the Game. The termination of this Agreement will not affect our rights or your obligations arising under this Agreement.
11. EQUITABLE REMEDIES
You acknowledge that if the terms of this Agreement are not specifically enforced, Licensor will be irreparably damaged, and therefore you agree that Licensor shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to any violation of this Agreement, including temporary and permanent injunctive relief, in addition to any other available remedies.
12. MISCELLANEOUS
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 not be affected.
13. GOVERNING LAW
This Agreement shall be construed (without regard to conflicts or choice of law principles) under the laws of the State of Michigan, USA, except as governed by U.S. federal law. Unless expressly waived by Licensor in writing for the particular instance or contrary to local law, the sole and exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the state and federal courts located in Licensor’s principal corporate place of business (Washtenaw County, Michigan, U.S.A.). You and Licensor consent to the jurisdiction of such courts and agree that process may be served in the manner provided herein for giving of notices or otherwise as allowed by Michigan state or federal law. The UN Convention on Contracts for the International Sale of Goods (Vienna, 1980) shall not apply to this Agreement or to any dispute or transaction arising out of this Agreement.