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SINGLE USE SOFTWARE LICENSE AGREEMENT AND TERMS OF USE
READ THIS SOFTWARE LICENSE AGREEMENT CAREFULLY BEFORE PROCEEDING TO INSTALL THE SOFTWARE PRODUCT AND OR UTILISING ANY OF OUR SERVICES. BY PRESSING “AGREE,” YOU AGREE TO BE BOUND BY THIS LICENSE AND THE TERMS HEREIN (collectively “LICENSE”). IF YOU DO NOT AGREE, PRESS “DISAGREE”. THIS LICENSE AGREEMENT AND THE TERMS ARE A LEGALLY BINDING CONTRACT BETWEEN YOU AND SLITHERINE LTD. AND/OR ITS SUBSIDIARIES, AFFILIATES OR SUB LICENSEES (collectively “PUBLISHER”)
1. General.
This software product (“SOFTWARE”) in its entirety is copyrighted and is protected by international law. The SOFTWARE and any accompanying documentation, media or services including this LICENSE whether on disk, in read only memory, or in any other form is licensed, not sold, to you by PUBLISHER and is for use only under the terms of this LICENSE. PUBLISHER reserves all rights not expressly granted to you. The rights granted herein are limited and do not include any patents or intellectual property rights. PUBLISHER expressly retains ownership of the SOFTWARE.
By pressing Agree or using PUBLISHER Services, you affirm that you are at least 18 years of age (or have reached the age of majority if that is not 18 years of age where you live) or that you have reviewed this LICENSE and the terms herein with your parent or guardian and he or she assents to comply on your behalf and takes full responsibility for your further compliance. You agree that you and or your parent, or guardian are fully able and competent to enter into the terms, conditions, obligations, representations and responsibilities and to abide and comply with the LICENSE and the terms herein.
2. Permitted License Uses and Restrictions.
This LICENSE and the terms herein allow you to install and use one copy of the SOFTWARE and or PUBLISHER services on a single computer only at any time, for personal, private, non-commercial, non-transferable limited uses as set forth herein.
Content and all other intellectual property rights in or on the SOFTWARE and services, are owned by PUBLISHER and are protected by United States and International copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. You may not copy or download any Content or SOFTWARE from PUBLISHER Service unless you are expressly authorized to do so. In addition, unless expressly authorized by PUBLISHER, you may not distribute, publicly perform or display, lease, sell, transmit, transfer, publish, edit, copy, create derivative works, rent, sub-license, decompile, disassemble, reverse engineer or otherwise make unauthorized use of the SOFTWARE or Content. Any commercial use is prohibited.
You agree not to remove, obscure, or alter copyright, patent, trademark, or other proprietary rights notices affixed to SOFTWARE or Content. Your rights are subject to your compliance with this LICENSE as well as any other agreements applicable to the PUBLISHER Services you are using.
PUBLISHER reserves all right, title and interest in SOFTWARE, Content, and all associated copyrights, trademarks, and other intellectual property rights therein that are not expressly granted to you. Your permitted use of the SOFTWARE, Content and services described herein is limited by the intellectual property rights of PUBLISHER and does not include any rights to other patents or intellectual property.
Making unauthorized copies or distribution of the SOFTWARE and/or Content found on PUBLISHER Services may result in the termination of your Account(s), prohibition on use of the SOFTWARE and further legal action. Content owners may also take criminal or civil action against you for unauthorized use of intellectual property. You agree to indemnify and hold harmless PUBLISHER from any unauthorized or illegal conduct by you, or through the use of your Account, on PUBLISHER Services.
3. Content.
Content on PUBLISHER Services includes SOFTWARE, technology, text, forum posts, chat posts, profiles, widgets, messages, links, emails, music, sound, graphics, pictures, video, code, and all audio visual or other material appearing on or emanating to and or from PUBLISHER, as well as the design and appearance of our websites. Content also includes user-generated Content (“UGC”).
UGC includes but is not limited to Account personas, forum posts, profile content and any other Content contributed by users to PUBLISHER Services. The SOFTWARE may contain an Editor that assists users to create new assets, modify existing assets or files or create custom levels, scenarios or other materials for use solely in connection with the existing SOFTWARE. Whether or not an Editor has been supplied by PUBLISHER, users are not permitted to use, or allow third parties to use, the Editor and or any materials created for any commercial purposes whatsoever, without the express prior written permission of PUBLISHER. Any person so doing is committing an offence and or a copyright violation and may be subject to appropriate civil or criminal action. PUBLISHER Content and UGC collectively shall be referred to as “Content.” All Content, with the exception of UGC is owned by PUBLISHER or its affiliates, subsidiaries, licensors or suppliers. You bear the entire risk of the legality, completeness, accuracy and or usefulness of your UGC.
4. Contributing UGC.
PUBLISHER does not pre-screen all UGC and does not endorse or approve any UGC that you and other users may contribute to PUBLISHER Services. You are solely responsible for your UGC and may be held liable for UGC that you post.
PUBLISHER respects the intellectual property rights of others. You must have the legal right to upload UGC to PUBLISHER Services. You may not upload or post any UGC on PUBLISHER Services that infringes the copyright, trademark or other intellectual property rights of a third party nor may you upload UGC that violates the law, this LICENSE or the terms herein and or any third party’s right of privacy or right of publicity. You may upload only UGC that you are permitted to upload by the owner or by law. PUBLISHER may, without prior notice to you and in its sole judgment, remove UGC that may infringe the intellectual property or other rights of a third party. If you are a repeat infringer of PUBLISHER’s or a third party’s intellectual property or other rights, PUBLISHER may terminate your Account without notice to you. If your Account(s) are terminated, you are not entitled to a refund for any fees you have paid, and you will lose access to PUBLISHER services.
PUBLISHER reserves the right (but has no obligation except as required by law) to remove, block, edit, move or disable UGC for any reason, including when PUBLISHER determines that UGC violates these terms. The decision to remove UGC or other Content at any time is in PUBLISHER’s sole and final discretion. To the maximum extent permitted by applicable law, PUBLISHER does not assume any responsibility or liability for UGC or for removal of UGC or any failure to, or delay in removing UGC or other Content.
5. UGC License.
When you contribute UGC to any PUBLISHER Service, you expressly grant to PUBLISHER and its licensors a non-exclusive, perpetual, worldwide, complete, sub-licensable and irrevocable right to quote, re-post, publish, use, adapt, translate, archive, store, reproduce, modify, create derivative works from, syndicate, License, print, sublicense, distribute, transmit, broadcast, and otherwise communicate, and publicly display and perform the UGC, or any portion thereof, in any manner or form and in any medium or forum, whether now known or hereafter devised, without notice, payment or attribution of any kind to you or any third party. You grant PUBLISHER and its licensors all licenses, consents and clearances to enable PUBLISHER and its licensors to use such UGC for any purpose. You waive and agree not to assert any moral or similar rights you may have in such UGC. If the PUBLISHER Service on which you contribute UGC permits other users to access and use that UGC as part of the PUBLISHER Service, then you also grant all other users of the relevant PUBLISHER Service the right to use, copy, modify, display, perform, create derivative works from, and otherwise communicate and distribute your UGC on or through the relevant PUBLISHER Service without further notice, attribution or compensation to you.
6. Software Updates.
PUBLISHER may require or allow you to download software, updates or patches, or other utilities and tools from PUBLISHER services onto your computer, entertainment system or device. Your use of such downloads is subject to this LICENSE. Such downloads may affect characters, gameplay, or other elements in the SOFTWARE. Publisher reserves the right to make such changes without informing you and is not liable to you in any way for anything resulting from these changes.
7. Online Access and Game Servers.
This LICENSE and the terms herein and all supplemental terms, as amended from time to time, govern your use of any online, or mobile product, servers or service to which you have been granted access, any product or service that requires an internet connection or account to access, install or play the game, or services offered by PUBLISHER for any game system, platform or mobile device. An account may be required to access and use some PUBLISHER Services.
To create an account, you must have an email address, and provide truthful and accurate information where required. You must be eligible to use the PUBLISHER Services for which you are registering. In addition, some Services may require creation of a “user name” or a “persona” to represent you in game and online. User names and personas are tied to your account. You may not use a user name or persona that is used by someone else or in the opinion of PUBLISHER is vulgar or offensive, or otherwise violates this LICENSE or the terms herein. You are solely responsible for all activity on your account and your account may be terminated if someone else uses it to engage in activity that violates the LICENSE or the terms herein, or is otherwise improper or illegal. You should not reveal your account password to others. PUBLISHER at its sole discretion reserves the right to remove, deny or prevent any person from using the Companies services for any reason whatsoever without consultation or notice.
8. Beta Tests.
In its sole discretion, PUBLISHER may contact you to review and evaluate one or more games, aspects of games, or online features and materials prior to commercial release, or as part of an early release programme (collectively “Pre Release Version”), for the purpose of identifying errors. You will be asked to provide to PUBLISHER only, certain feedback and suggestions while reviewing and evaluating the Pre Release Version. As part of a Beta Test the game data may be reset at any time, during or after the testing process.
You must sign and return to PUBLISHER a Non Disclosure Agreement (“NDA”) before you will be allowed to be a Beta Tester (“Tester”). Your participation as a Tester is subject to the NDA. You understand and agree that the Pre Release Version provided to you is confidential. You agree as a condition of participating in a Beta Test not to copy or reproduce the Pre Release Version, or provide access to the Pre Release Version to any other person and fully comply with the terms and conditions of the NDA. You agree that breach of the above obligations will cause irreparable harm to PUBLISHER, and PUBLISHER is entitled, in addition to any other remedies available to it, ex parte injunctive relief to prevent the breach or threatened breach of your obligations. Your obligation to keep the beta games confidential will continue until PUBLISHER publicly distributes, or has otherwise disclosed to the public through no fault of yours, each of the games and the content that you are testing. Upon request, you agree to immediately return to PUBLISHER all copies of the Pre-Release Version and confidential or proprietary information PUBLISHER provided to you.
9. Support & Multiplayer.
In certain situations and at its sole discretion PUBLISHER may refuse technical support and/or access to multiplayer, or online functionality, including but not limited to where the user attempts or assist others to bypass security measures on the SOFTWARE, or the user is abusive to PUBLISHER’s staff and or it’s community, or PUBLISHER has reason to suspect the user is attempting to cheat, or assisting others to cheat, or PUBLISHER suspect that the person or entity is not the original purchaser of the SOFTWARE, or PUBLISHER has terminated the Licence.
10. Rules of Conduct.
You may violate the LICENSE or the terms herein, if as determined by PUBLISHER in its sole discretion, you;
a. Post, transmit, promote, or distribute Content that is illegal.
b. Harass, threaten, embarrass, spam or do anything else to another player that is unwanted, inappropriate, or organise, effectuate, or participate in any activity that is harmful, abusive, offensive, obscene, threatening, vulgar, sexually explicit, defamatory, or encourages conduct that would violate a law.
c. Engage in disruptive behaviour or cheating.
d. Impersonate another person.
e. Attempt to obtain a password, account information, or other private information from anyone else.
f. Upload any software or Content that you do not own, or have permission to distribute.
g. Promote, encourage or take part in any activity involving hacking, cracking, phishing, or distribution of counterfeit software, or any activities that violate the laws of any jurisdiction including but not limited to copyright and trademark infringement.
h. Upload files that contain a virus, corrupted data or other programs that may cause damage.
i. Post messages for any purpose other than personal communication.
j. Post or transmit unsolicited advertising, or any form of promotional materials in-game or in the forums. PUBLISHER reserves the right to terminate your Account and to prevent your use of any and all PUBLISHER Services if you breach the Rules of Conduct or engage in illegal activity or violate this LICENSE. Unless otherwise specified, there is no requirement or expectation that PUBLISHER will monitor or record any online activity on PUBLISHER Services, including communications.
However, PUBLISHER reserves the right to access and or record any online activity on PUBLISHER Services and you hereby give PUBLISHER your express consent to access and record your activities.
PUBLISHER reserves the right to remove any content from any PUBLISHER Service at PUBLISHER’s sole discretion. PUBLISHER has no liability for you or any third party’s violation of this LICENSE or the terms herein. If you encounter another user who is violating any of the Rules of Conduct, please report this activity to PUBLISHER.
11. Services Not Controlled By Publisher.
Some SOFTWARE may give you the option of using PUBLISHER SOFTWARE on or through a service that is not controlled by PUBLISHER. PUBLISHER takes no responsibility for your use of PUBLISHER Software on or through any such service and otherwise has no control over how those services are offered, administered, or operated. Any such use is at your own risk and may subject you to additional or different terms and restrictions by the third party running the service.
12. Termination.
This LICENSE is effective until terminated. Your rights under this LICENSE will terminate automatically without notice from PUBLISHER if you fail to comply with this LICENSE or the terms herein. Upon the termination of this LICENSE, you shall cease all use of the SOFTWARE.
13. Limitations on Warranty and Liability.
To the maximum extent permitted by applicable law, you expressly agree that the use of PUBLISHER services, SOFTWARE and the internet is at your sole risk. PUBLISHER services, SOFTWARE and third-party services and products are provided on an “as is” and “as available” basis for your use, without warranties of any kind, either express or implied.
No warranty is given about the quality, functionality, availability, or performance of SOFTWARE or services. PUBLISHER does not assume liability for inability to obtain, or use any content, goods or services. PUBLISHER provides SOFTWARE and services on a commercially reasonable basis and does not guarantee that you will be able to access or use SOFTWARE or services at times or locations of you’re choosing, or that PUBLISHER will have adequate capacity for PUBLISHER services as a whole, or in any specific geographic area. To the maximum extent permitted by applicable law, you acknowledge and agree that your sole and exclusive remedy for any dispute with PUBLISHER. or its licensors arising out of or relating to the SOFTWARE or services is to cease using and or to cancel your account. You acknowledge and agree that PUBLISHER, its licensors, licensees and affiliates are not liable for any act or failure to act by them, or any other person regarding conduct, communication or content on PUBLISHER services or use of PUBLISHER SOFTWARE. In no case shall PUBLISHER, or its licensors’, licensees’, affiliates’, employees’, officers’, or directors’ (collectively, “PUBLISHER affiliates”) liability to you exceed the amount that you paid to PUBLISHER for PUBLISHER SOFTWARE or services. In no case, or as limited and permitted by law in certain jurisdictions, shall PUBLISHER, or PUBLISHER affiliates be liable for incidental or consequential damages arising from your use of the PUBLISHER services, SOFTWARE, the internet or for any other claim related in any way to your use of SOFTWARE or PUBLISHER services. PUBLISHER uses commercially reasonable means to protect your personal information, however PUBLISHER and PUBLISHER affiliates assume no liability for loss of data, damage caused to your software, or hardware, and any other loss or damage suffered by you or any third party, whether direct, indirect, incidental, special, or consequential and however arising, as a result of accessing or using any PUBLISHER service, content or SOFTWARE.
14. Indemnification.
Upon PUBLISHER’s and or PUBLISHER affiliates request, you agree to defend, indemnify and hold harmless PUBLISHER, its licensors and PUBLISHER Affiliates, contractors, vendors, and content providers from all liabilities, claims and expenses, including attorneys’ fees, that arise from or relate to a breach of this LICENSE and the terms stated herein, for which you are responsible, or in connection with your distribution of any Content on, or through PUBLISHER Services.
Without limiting the generality of the foregoing, you agree to indemnify and hold PUBLISHER and PUBLISHER Affiliates harmless for any improper or illegal use, including the illegal or improper use by someone to whom you have given permission to use the SOFTWARE or services. You agree that you will be personally responsible for your use of SOFTWARE and PUBLISHER Services and for all of your communication and activity on PUBLISHER Services, including any Content you contribute, and that you will indemnify and hold harmless PUBLISHER and PUBLISHER Affiliates from any liability or damages arising from your conduct, including any Content that you contribute. PUBLISHER and its licensors reserve the right, at their own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification to PUBLISHER and or PUBLISHER Affiliates in that matter. This Section shall survive termination of this LICENSE and the terms stated herein.
15. Severability.
If any part of this LICENSE or the terms herein is held invalid, or unenforceable, that portion shall be interpreted in a manner consistent with applicable law to reflect, as nearly as possible; the original intentions of PUBLISHER and the remaining portions shall remain in full force and effect.
16. Waiver.
Failure of PUBLISHER to exercise, or enforce any right or provision of LICENSE or the terms herein will not constitute waiver of such right or provision. Any waiver of any provision will be effective only if in writing, signed by a Director of PUBLISHER.
17. Governing Law.
The laws of England, excluding its conflicts-of-law rules, govern this LICIENSE and you expressly agree that the exclusive jurisdiction for any claim or dispute with PUBLISHER, relating in any way to the LICENSE or the terms herein, resides in the Courts of England and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of England in connection with any such dispute including any claim involving PUBLISHER or PUBLISHER Affiliates, employees, contractors, officers, directors, vendors and content providers. Your conduct may also be subject to other jurisdiction, or national or international laws.
18. Entire Agreement.
The LICENSE and the terms herein and any other Supplemental Terms, posted rules, or instructions regarding a particular game, activity, contest, or any other issue, constitute the entire agreement between you and PUBLISHER as to your rights and obligations in the use of the LICENSE or PUBLISHER Services. If there is any conflict between the LICENSE or the terms herein and any other rules or instructions posted on any PUBLISHER Service, PUBLISHER in its sole discretion shall resolve the conflict.
EPILEPSY WARNING
PLEASE READ THIS NOTICE BEFORE PLAYING THIS GAME, OR BEFORE ALLOWING YOUR CHILDREN OR ANY PERSON WHOM YOU ARE RESPONSIBLE FOR TO PLAY.
Certain individuals may experience epileptic seizures or loss of consciousness when subjected to strong, flashing lights for long periods of time. Such individuals may therefore experience a seizure while operating computer or video games.
This can also affect individuals who have no prior medical record of epilepsy or have never previously experienced a seizure.
If you or any family member, or any person whom you are responsible for has ever experienced epilepsy symptoms (seizures or loss of consciousness) after exposure to flashing lights, please consult your doctor before playing this game.
Parental guidance is always suggested when children are using a computer and video games. Should you or your child or any person whom you have responsibility for experience dizziness, poor eyesight, eye or muscle twitching, loss of consciousness, feelings of disorientation or any type of involuntary movements or cramps while playing this game, turn it off immediately and consult your doctor before playing again.
PRECAUTIONS DURING USE:
• Do not sit too close to the monitor.
• Sit as far as comfortably possible.
• Use as small a monitor as possible.
• Do not play when tired.
• Take care that there is sufficient lighting in the room.
• Be sure to take a break of 10-15 minutes every hour.
USE OF THIS PRODUCT IS SUBJECT TO ACCEPTANCE OF THE SINGLE USE SOFTWARE LICENSE AGREEMENT
©2017 Slitherine Ltd. All Rights Reserved.
READ THIS SOFTWARE LICENSE AGREEMENT CAREFULLY BEFORE PROCEEDING TO INSTALL THE SOFTWARE PRODUCT AND OR UTILISING ANY OF OUR SERVICES. BY PRESSING “AGREE,” YOU AGREE TO BE BOUND BY THIS LICENSE AND THE TERMS HEREIN (collectively “LICENSE”). IF YOU DO NOT AGREE, PRESS “DISAGREE”. THIS LICENSE AGREEMENT AND THE TERMS ARE A LEGALLY BINDING CONTRACT BETWEEN YOU AND SLITHERINE LTD. AND/OR ITS SUBSIDIARIES, AFFILIATES OR SUB LICENSEES (collectively “PUBLISHER”)
1. General.
This software product (“SOFTWARE”) in its entirety is copyrighted and is protected by international law. The SOFTWARE and any accompanying documentation, media or services including this LICENSE whether on disk, in read only memory, or in any other form is licensed, not sold, to you by PUBLISHER and is for use only under the terms of this LICENSE. PUBLISHER reserves all rights not expressly granted to you. The rights granted herein are limited and do not include any patents or intellectual property rights. PUBLISHER expressly retains ownership of the SOFTWARE.
By pressing Agree or using PUBLISHER Services, you affirm that you are at least 18 years of age (or have reached the age of majority if that is not 18 years of age where you live) or that you have reviewed this LICENSE and the terms herein with your parent or guardian and he or she assents to comply on your behalf and takes full responsibility for your further compliance. You agree that you and or your parent, or guardian are fully able and competent to enter into the terms, conditions, obligations, representations and responsibilities and to abide and comply with the LICENSE and the terms herein.
2. Permitted License Uses and Restrictions.
This LICENSE and the terms herein allow you to install and use one copy of the SOFTWARE and or PUBLISHER services on a single computer only at any time, for personal, private, non-commercial, non-transferable limited uses as set forth herein.
Content and all other intellectual property rights in or on the SOFTWARE and services, are owned by PUBLISHER and are protected by United States and International copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. You may not copy or download any Content or SOFTWARE from PUBLISHER Service unless you are expressly authorized to do so. In addition, unless expressly authorized by PUBLISHER, you may not distribute, publicly perform or display, lease, sell, transmit, transfer, publish, edit, copy, create derivative works, rent, sub-license, decompile, disassemble, reverse engineer or otherwise make unauthorized use of the SOFTWARE or Content. Any commercial use is prohibited.
You agree not to remove, obscure, or alter copyright, patent, trademark, or other proprietary rights notices affixed to SOFTWARE or Content. Your rights are subject to your compliance with this LICENSE as well as any other agreements applicable to the PUBLISHER Services you are using.
PUBLISHER reserves all right, title and interest in SOFTWARE, Content, and all associated copyrights, trademarks, and other intellectual property rights therein that are not expressly granted to you. Your permitted use of the SOFTWARE, Content and services described herein is limited by the intellectual property rights of PUBLISHER and does not include any rights to other patents or intellectual property.
Making unauthorized copies or distribution of the SOFTWARE and/or Content found on PUBLISHER Services may result in the termination of your Account(s), prohibition on use of the SOFTWARE and further legal action. Content owners may also take criminal or civil action against you for unauthorized use of intellectual property. You agree to indemnify and hold harmless PUBLISHER from any unauthorized or illegal conduct by you, or through the use of your Account, on PUBLISHER Services.
3. Content.
Content on PUBLISHER Services includes SOFTWARE, technology, text, forum posts, chat posts, profiles, widgets, messages, links, emails, music, sound, graphics, pictures, video, code, and all audio visual or other material appearing on or emanating to and or from PUBLISHER, as well as the design and appearance of our websites. Content also includes user-generated Content (“UGC”).
UGC includes but is not limited to Account personas, forum posts, profile content and any other Content contributed by users to PUBLISHER Services. The SOFTWARE may contain an Editor that assists users to create new assets, modify existing assets or files or create custom levels, scenarios or other materials for use solely in connection with the existing SOFTWARE. Whether or not an Editor has been supplied by PUBLISHER, users are not permitted to use, or allow third parties to use, the Editor and or any materials created for any commercial purposes whatsoever, without the express prior written permission of PUBLISHER. Any person so doing is committing an offence and or a copyright violation and may be subject to appropriate civil or criminal action. PUBLISHER Content and UGC collectively shall be referred to as “Content.” All Content, with the exception of UGC is owned by PUBLISHER or its affiliates, subsidiaries, licensors or suppliers. You bear the entire risk of the legality, completeness, accuracy and or usefulness of your UGC.
4. Contributing UGC.
PUBLISHER does not pre-screen all UGC and does not endorse or approve any UGC that you and other users may contribute to PUBLISHER Services. You are solely responsible for your UGC and may be held liable for UGC that you post.
PUBLISHER respects the intellectual property rights of others. You must have the legal right to upload UGC to PUBLISHER Services. You may not upload or post any UGC on PUBLISHER Services that infringes the copyright, trademark or other intellectual property rights of a third party nor may you upload UGC that violates the law, this LICENSE or the terms herein and or any third party’s right of privacy or right of publicity. You may upload only UGC that you are permitted to upload by the owner or by law. PUBLISHER may, without prior notice to you and in its sole judgment, remove UGC that may infringe the intellectual property or other rights of a third party. If you are a repeat infringer of PUBLISHER’s or a third party’s intellectual property or other rights, PUBLISHER may terminate your Account without notice to you. If your Account(s) are terminated, you are not entitled to a refund for any fees you have paid, and you will lose access to PUBLISHER services.
PUBLISHER reserves the right (but has no obligation except as required by law) to remove, block, edit, move or disable UGC for any reason, including when PUBLISHER determines that UGC violates these terms. The decision to remove UGC or other Content at any time is in PUBLISHER’s sole and final discretion. To the maximum extent permitted by applicable law, PUBLISHER does not assume any responsibility or liability for UGC or for removal of UGC or any failure to, or delay in removing UGC or other Content.
5. UGC License.
When you contribute UGC to any PUBLISHER Service, you expressly grant to PUBLISHER and its licensors a non-exclusive, perpetual, worldwide, complete, sub-licensable and irrevocable right to quote, re-post, publish, use, adapt, translate, archive, store, reproduce, modify, create derivative works from, syndicate, License, print, sublicense, distribute, transmit, broadcast, and otherwise communicate, and publicly display and perform the UGC, or any portion thereof, in any manner or form and in any medium or forum, whether now known or hereafter devised, without notice, payment or attribution of any kind to you or any third party. You grant PUBLISHER and its licensors all licenses, consents and clearances to enable PUBLISHER and its licensors to use such UGC for any purpose. You waive and agree not to assert any moral or similar rights you may have in such UGC. If the PUBLISHER Service on which you contribute UGC permits other users to access and use that UGC as part of the PUBLISHER Service, then you also grant all other users of the relevant PUBLISHER Service the right to use, copy, modify, display, perform, create derivative works from, and otherwise communicate and distribute your UGC on or through the relevant PUBLISHER Service without further notice, attribution or compensation to you.
6. Software Updates.
PUBLISHER may require or allow you to download software, updates or patches, or other utilities and tools from PUBLISHER services onto your computer, entertainment system or device. Your use of such downloads is subject to this LICENSE. Such downloads may affect characters, gameplay, or other elements in the SOFTWARE. Publisher reserves the right to make such changes without informing you and is not liable to you in any way for anything resulting from these changes.
7. Online Access and Game Servers.
This LICENSE and the terms herein and all supplemental terms, as amended from time to time, govern your use of any online, or mobile product, servers or service to which you have been granted access, any product or service that requires an internet connection or account to access, install or play the game, or services offered by PUBLISHER for any game system, platform or mobile device. An account may be required to access and use some PUBLISHER Services.
To create an account, you must have an email address, and provide truthful and accurate information where required. You must be eligible to use the PUBLISHER Services for which you are registering. In addition, some Services may require creation of a “user name” or a “persona” to represent you in game and online. User names and personas are tied to your account. You may not use a user name or persona that is used by someone else or in the opinion of PUBLISHER is vulgar or offensive, or otherwise violates this LICENSE or the terms herein. You are solely responsible for all activity on your account and your account may be terminated if someone else uses it to engage in activity that violates the LICENSE or the terms herein, or is otherwise improper or illegal. You should not reveal your account password to others. PUBLISHER at its sole discretion reserves the right to remove, deny or prevent any person from using the Companies services for any reason whatsoever without consultation or notice.
8. Beta Tests.
In its sole discretion, PUBLISHER may contact you to review and evaluate one or more games, aspects of games, or online features and materials prior to commercial release, or as part of an early release programme (collectively “Pre Release Version”), for the purpose of identifying errors. You will be asked to provide to PUBLISHER only, certain feedback and suggestions while reviewing and evaluating the Pre Release Version. As part of a Beta Test the game data may be reset at any time, during or after the testing process.
You must sign and return to PUBLISHER a Non Disclosure Agreement (“NDA”) before you will be allowed to be a Beta Tester (“Tester”). Your participation as a Tester is subject to the NDA. You understand and agree that the Pre Release Version provided to you is confidential. You agree as a condition of participating in a Beta Test not to copy or reproduce the Pre Release Version, or provide access to the Pre Release Version to any other person and fully comply with the terms and conditions of the NDA. You agree that breach of the above obligations will cause irreparable harm to PUBLISHER, and PUBLISHER is entitled, in addition to any other remedies available to it, ex parte injunctive relief to prevent the breach or threatened breach of your obligations. Your obligation to keep the beta games confidential will continue until PUBLISHER publicly distributes, or has otherwise disclosed to the public through no fault of yours, each of the games and the content that you are testing. Upon request, you agree to immediately return to PUBLISHER all copies of the Pre-Release Version and confidential or proprietary information PUBLISHER provided to you.
9. Support & Multiplayer.
In certain situations and at its sole discretion PUBLISHER may refuse technical support and/or access to multiplayer, or online functionality, including but not limited to where the user attempts or assist others to bypass security measures on the SOFTWARE, or the user is abusive to PUBLISHER’s staff and or it’s community, or PUBLISHER has reason to suspect the user is attempting to cheat, or assisting others to cheat, or PUBLISHER suspect that the person or entity is not the original purchaser of the SOFTWARE, or PUBLISHER has terminated the Licence.
10. Rules of Conduct.
You may violate the LICENSE or the terms herein, if as determined by PUBLISHER in its sole discretion, you;
a. Post, transmit, promote, or distribute Content that is illegal.
b. Harass, threaten, embarrass, spam or do anything else to another player that is unwanted, inappropriate, or organise, effectuate, or participate in any activity that is harmful, abusive, offensive, obscene, threatening, vulgar, sexually explicit, defamatory, or encourages conduct that would violate a law.
c. Engage in disruptive behaviour or cheating.
d. Impersonate another person.
e. Attempt to obtain a password, account information, or other private information from anyone else.
f. Upload any software or Content that you do not own, or have permission to distribute.
g. Promote, encourage or take part in any activity involving hacking, cracking, phishing, or distribution of counterfeit software, or any activities that violate the laws of any jurisdiction including but not limited to copyright and trademark infringement.
h. Upload files that contain a virus, corrupted data or other programs that may cause damage.
i. Post messages for any purpose other than personal communication.
j. Post or transmit unsolicited advertising, or any form of promotional materials in-game or in the forums. PUBLISHER reserves the right to terminate your Account and to prevent your use of any and all PUBLISHER Services if you breach the Rules of Conduct or engage in illegal activity or violate this LICENSE. Unless otherwise specified, there is no requirement or expectation that PUBLISHER will monitor or record any online activity on PUBLISHER Services, including communications.
However, PUBLISHER reserves the right to access and or record any online activity on PUBLISHER Services and you hereby give PUBLISHER your express consent to access and record your activities.
PUBLISHER reserves the right to remove any content from any PUBLISHER Service at PUBLISHER’s sole discretion. PUBLISHER has no liability for you or any third party’s violation of this LICENSE or the terms herein. If you encounter another user who is violating any of the Rules of Conduct, please report this activity to PUBLISHER.
11. Services Not Controlled By Publisher.
Some SOFTWARE may give you the option of using PUBLISHER SOFTWARE on or through a service that is not controlled by PUBLISHER. PUBLISHER takes no responsibility for your use of PUBLISHER Software on or through any such service and otherwise has no control over how those services are offered, administered, or operated. Any such use is at your own risk and may subject you to additional or different terms and restrictions by the third party running the service.
12. Termination.
This LICENSE is effective until terminated. Your rights under this LICENSE will terminate automatically without notice from PUBLISHER if you fail to comply with this LICENSE or the terms herein. Upon the termination of this LICENSE, you shall cease all use of the SOFTWARE.
13. Limitations on Warranty and Liability.
To the maximum extent permitted by applicable law, you expressly agree that the use of PUBLISHER services, SOFTWARE and the internet is at your sole risk. PUBLISHER services, SOFTWARE and third-party services and products are provided on an “as is” and “as available” basis for your use, without warranties of any kind, either express or implied.
No warranty is given about the quality, functionality, availability, or performance of SOFTWARE or services. PUBLISHER does not assume liability for inability to obtain, or use any content, goods or services. PUBLISHER provides SOFTWARE and services on a commercially reasonable basis and does not guarantee that you will be able to access or use SOFTWARE or services at times or locations of you’re choosing, or that PUBLISHER will have adequate capacity for PUBLISHER services as a whole, or in any specific geographic area. To the maximum extent permitted by applicable law, you acknowledge and agree that your sole and exclusive remedy for any dispute with PUBLISHER. or its licensors arising out of or relating to the SOFTWARE or services is to cease using and or to cancel your account. You acknowledge and agree that PUBLISHER, its licensors, licensees and affiliates are not liable for any act or failure to act by them, or any other person regarding conduct, communication or content on PUBLISHER services or use of PUBLISHER SOFTWARE. In no case shall PUBLISHER, or its licensors’, licensees’, affiliates’, employees’, officers’, or directors’ (collectively, “PUBLISHER affiliates”) liability to you exceed the amount that you paid to PUBLISHER for PUBLISHER SOFTWARE or services. In no case, or as limited and permitted by law in certain jurisdictions, shall PUBLISHER, or PUBLISHER affiliates be liable for incidental or consequential damages arising from your use of the PUBLISHER services, SOFTWARE, the internet or for any other claim related in any way to your use of SOFTWARE or PUBLISHER services. PUBLISHER uses commercially reasonable means to protect your personal information, however PUBLISHER and PUBLISHER affiliates assume no liability for loss of data, damage caused to your software, or hardware, and any other loss or damage suffered by you or any third party, whether direct, indirect, incidental, special, or consequential and however arising, as a result of accessing or using any PUBLISHER service, content or SOFTWARE.
14. Indemnification.
Upon PUBLISHER’s and or PUBLISHER affiliates request, you agree to defend, indemnify and hold harmless PUBLISHER, its licensors and PUBLISHER Affiliates, contractors, vendors, and content providers from all liabilities, claims and expenses, including attorneys’ fees, that arise from or relate to a breach of this LICENSE and the terms stated herein, for which you are responsible, or in connection with your distribution of any Content on, or through PUBLISHER Services.
Without limiting the generality of the foregoing, you agree to indemnify and hold PUBLISHER and PUBLISHER Affiliates harmless for any improper or illegal use, including the illegal or improper use by someone to whom you have given permission to use the SOFTWARE or services. You agree that you will be personally responsible for your use of SOFTWARE and PUBLISHER Services and for all of your communication and activity on PUBLISHER Services, including any Content you contribute, and that you will indemnify and hold harmless PUBLISHER and PUBLISHER Affiliates from any liability or damages arising from your conduct, including any Content that you contribute. PUBLISHER and its licensors reserve the right, at their own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification to PUBLISHER and or PUBLISHER Affiliates in that matter. This Section shall survive termination of this LICENSE and the terms stated herein.
15. Severability.
If any part of this LICENSE or the terms herein is held invalid, or unenforceable, that portion shall be interpreted in a manner consistent with applicable law to reflect, as nearly as possible; the original intentions of PUBLISHER and the remaining portions shall remain in full force and effect.
16. Waiver.
Failure of PUBLISHER to exercise, or enforce any right or provision of LICENSE or the terms herein will not constitute waiver of such right or provision. Any waiver of any provision will be effective only if in writing, signed by a Director of PUBLISHER.
17. Governing Law.
The laws of England, excluding its conflicts-of-law rules, govern this LICIENSE and you expressly agree that the exclusive jurisdiction for any claim or dispute with PUBLISHER, relating in any way to the LICENSE or the terms herein, resides in the Courts of England and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of England in connection with any such dispute including any claim involving PUBLISHER or PUBLISHER Affiliates, employees, contractors, officers, directors, vendors and content providers. Your conduct may also be subject to other jurisdiction, or national or international laws.
18. Entire Agreement.
The LICENSE and the terms herein and any other Supplemental Terms, posted rules, or instructions regarding a particular game, activity, contest, or any other issue, constitute the entire agreement between you and PUBLISHER as to your rights and obligations in the use of the LICENSE or PUBLISHER Services. If there is any conflict between the LICENSE or the terms herein and any other rules or instructions posted on any PUBLISHER Service, PUBLISHER in its sole discretion shall resolve the conflict.
EPILEPSY WARNING
PLEASE READ THIS NOTICE BEFORE PLAYING THIS GAME, OR BEFORE ALLOWING YOUR CHILDREN OR ANY PERSON WHOM YOU ARE RESPONSIBLE FOR TO PLAY.
Certain individuals may experience epileptic seizures or loss of consciousness when subjected to strong, flashing lights for long periods of time. Such individuals may therefore experience a seizure while operating computer or video games.
This can also affect individuals who have no prior medical record of epilepsy or have never previously experienced a seizure.
If you or any family member, or any person whom you are responsible for has ever experienced epilepsy symptoms (seizures or loss of consciousness) after exposure to flashing lights, please consult your doctor before playing this game.
Parental guidance is always suggested when children are using a computer and video games. Should you or your child or any person whom you have responsibility for experience dizziness, poor eyesight, eye or muscle twitching, loss of consciousness, feelings of disorientation or any type of involuntary movements or cramps while playing this game, turn it off immediately and consult your doctor before playing again.
PRECAUTIONS DURING USE:
• Do not sit too close to the monitor.
• Sit as far as comfortably possible.
• Use as small a monitor as possible.
• Do not play when tired.
• Take care that there is sufficient lighting in the room.
• Be sure to take a break of 10-15 minutes every hour.
USE OF THIS PRODUCT IS SUBJECT TO ACCEPTANCE OF THE SINGLE USE SOFTWARE LICENSE AGREEMENT
©2017 Slitherine Ltd. All Rights Reserved.