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DOVETAIL GAMES.
Dovetail Games Train Simulator – Train Sim World CSX Heavy Haul Private Beta End User Licence Agreement
(Latest version: 19 October 2016)
YOU SHOULD READ THE FOLLOWING EULA CAREFULLY, BEFORE USING, DOWNLOADING OR INSTALLING THE BETA SOFTWARE (as defined below). ALL USE OF BETA SOFTWARE IS GOVERNED BY AND CONDITIONAL ON YOUR ACCEPTANCE OF AND COMPLIANCE WITH THIS EULA. ANY USE, REPRODUCTION OR REDISTRIBUTION OF THE BETA SOFTWARE NOT IN ACCORDANCE WITH THE TERMS OF THIS EULA IS EXPRESSLY PROHIBITED. IF YOU DO NOT ACCEPT THE TERMS OF THE BETA SOFTWARE EULA, YOU MAY NOT USE, DOWNLOAD OR INSTALL THE BETA SOFTWARE.
YOU SPECIFICALLY AGREE, ACKNOWLEDGE AND ACCEPT THAT:
- THE BETA SOFTWARE IS MADE AVAILABLE FOR A PERIOD OF TIME DETERMINED BY US “AS IS” AS WORK IN PROGRESS AND AS PART OF A PRE-RELEASE PROGRAMME FOR EVALUATION AND DEMONSTRATION PURPOSES ONLY, IN ORDER TO ASSESS AND EVALUATE ITS PERFORMANCE INCLUDING THE IDENTIFICATION OF ANY ERRORS OR DEFECTS. GUIDANCE ON HOW TO PROVIDE YOUR FEEDBACK IS AVAILABLE HERE;
- USE OF THE BETA SOFTWARE WILL NOT ENTITLE YOU TO A FREE COPY OR A DISCOUNT ON TRAIN SIM WORLD CSX HEAVY HAUL WHEN IT RELEASES;
- THE BETA SOFTWARE MAY (AND LIKELY WILL) CONTAIN DEFECTS AND/OR ERRORS;
- THE BETA SOFTWARE MAY AND PROBABLY WILL CRASH AND / OR CAUSE DATA LOSS;
- YOU USE, DOWNLOAD AND INSTALL THE BETA SOFTWARE AT YOUR OWN RISK, KNOWING THAT IT IS PROVIDED AS IS AND WITH FAULTS.
- ANY AND ALL INTELLECTUAL PROPERTY IN RESPECT OF YOUR FEEDBACK SHALL BE THE SOLE AND EXCLUSIVE PROPERTY OF DOVETAIL GAMES AND YOU SHALL NOT HAVE ANY RIGHTS OF ANY KIND WHATSOEVER IN THE GAME.
YOU ARE ADVISED TO BACK-UP AND OTHERWISE SAFEGUARD ALL DATA AND SOFTWARE ON YOUR COMPUTER AND TO NOT RELY ON THE CORRECT FUNCTIONING OR PERFORMANCE OF THE GAME. USE OF THE BETA SOFTWARE WILL NOT AFFECT YOUR ABILITY TO PLAY TRAIN SIMULATOR 2017 PIONEERS EDITION OR TO USE YOUR INSTALLED CONTENT FOR THAT GAME.
1. ABOUT THIS End User Licence Agreement ("EULA")
1.1 Your right to access the Beta Software is dependent on you meeting the Hardware Requirements (see section 6) and that you own a valid license for Train Simulator 2017 Pioneers Edition before 1st December 2016. Train Simulator 2017 Pioneers Edition is made available under a different EULA and you will have received that at the time you purchased a licence for that game.
1.2 This EULA governs your use of the beta version of the Train Sim World CSX Heavy Haul Private Beta and its successors, and any add-ons, user-generated content or downloadable content (which we will call the "Beta Software" in this EULA). You will not be entitled to the full version of Train Sim World CSX Heavy Haul, either free of charge or discounted, when the Beta Software is withdrawn. Please read it carefully because it is an important document: a lot of time and effort has gone into making the Beta Software and, in order for us to keep working on them, we need to have some rules about what you can and cannot do when using them. If you have any queries, please contact https://dovetailgames.kayako.com.
1.3 By clicking on the "Yes" or “Install” button, or by downloading or using the Beta Software in any way, you confirm your agreement to all the terms in this EULA. If you do not agree to the terms of this EULA, please click the "No" or “Exit” button and do not use the Beta Software.
1.4 If you are a minor (which will depend on your country of residence), please ask your parent or guardian to review and approve this EULA on your behalf (because legally minors cannot enter into agreements like this EULA).
1.5 From time to time, we have tried to explain some of the more 'legal' concepts in this EULA in a helpful manner. For the avoidance of any doubt, these explanations are just to aid your comprehension of this EULA and are not intended to affect the legal meaning of any part of this EULA.
2. LICENCE TO THE BETA SOFTWARE
2.1 We give you the personal right (known as a 'licence') to download, install (and enjoy!) the Beta Software for your personal use. We can terminate this licence in certain circumstances, which are explained further below. This licence is 'non-exclusive', meaning that we can grant similar licences to other people as well.
2.2 You may not transfer or sub-license this licence in any way to anyone else unless we first agree to it in writing.
3. ABOUT US
3.1 We are Dovetail Games, a trading name of RailSimulator.Com Limited and its associated companies. We're also referred to in this EULA as "Dovetail Games" or "we" or "us".
3.2 Please send any correspondence to: Dovetail Games, The Observatory, Chatham Maritime, Chatham, Kent ME4 4NT, UK.
4. USING THE BETA SOFTWARE
4.1 In order to use the Beta Software you must have a Steam account. If you don’t already have one, creating one is free from http://store.steampowered.com/ and setting it up involves creating a username and password – which you should keep secure and confidential (i.e. don't give it to anyone else). You must not allow anyone else to access your account.
4.2 Please note that the Beta Software is intended strictly for leisure purposes only. It is not designed for, and must not be used, for any training or in any way as a realistic simulation. We accept no responsibility or liability for any failure by users to comply with this clause 4.2.
5. PATCHES, UPDATES AND CHANGES TO THE BETA SOFTWARE
5.1 From time to time, we may need to deploy or provide patches, updates, additional content or other modifications to the Beta Software (for example to enhance the Beta Software, to add new features or to resolve some of the many software bugs). You hereby grant us your consent for us to deploy and apply such patches, updates or other modifications to the Beta Software automatically.
5.2 From time to time, we may also at our absolute discretion remove or suspend access to particular features, content or other parts of the Beta Software from time to time.
6. HARDWARE REQUIREMENTS
6.1 Please be aware that Beta Software has been developed by us to operate on the following minimum specs:
(a) OS: 64-Bit Windows 7 Service Pack 1, Windows 8 / 8.1 or Windows 10
(b) Processor: 2 GHz Dual-Core 64-bit CPU
(c) Memory: 8 GB RAM
(d) Graphics: DirectX10 Compatible GPU with 2 GB Video RAM
(e) DirectX: Version 10
(f) Storage: 40 GB available space
(g) Sound: DirectX compatible
(h) Internet connection required
6.2 The minimum specs above are HIGHER than the specs required to operate Train Simulator 2017 Pioneers Edition. Therefore, it is your obligation to ensure that you are running at least the minimum specs above. By using the Beta Software you agree that you have the necessary hardware, software and capability required for its use. We accept no responsibility or liability for any failure of your system to meet the technical requirements of the Beta Software as amended or updated from time to time.
7. INTELLECTUAL PROPERTY RIGHTS IN THE BETA SOFTWARE
7.1 By "Intellectual Property Rights" what we mean is: all ownership rights and interests in copyright, design right, database rights, patents and any rights to inventions, know-how, trade and business names, confidential information and trade marks (whether registered or unregistered) and any applications and other like rights.
7.2 We own and reserve all of the Intellectual Property Rights in the Beta Software (or we license them from third parties) unless we inform you otherwise.
8. WHAT YOU MUST NOT DO REGARDING THE BETA SOFTWARE:
8.1 You must not do or try (or permit to be done or tried on your behalf) any of the following:
(a) use the Beta Software for any purpose except for personal entertainment (for example, you may not use the Beta Software for commercial purposes such as, but not limited to, training, route planning, infrastructure design, advertising or promotion);
(b) except as authorised by us in this EULA (or as permitted by law) to: copy, rent, sub-license, loan, modify, adapt, merge, translate, reverse engineer, decompile, disassemble or create derivative works based on the whole or any part of the Beta Software;
(c) hack, attempt to hack, distribute, modify, transmit, re-use, re-post, or use any, all or part of the Beta Software (including Intellectual Property Rights or copy protection software that forms part of the Beta Software or Steam or is supplied with either of them) for any purpose unless first authorised by us by writing;
(d) use the Beta Software for any illegal purpose; or
(e) anything else that may harm the Beta Software.
8.2 Please make sure you fully understand and comply with these requirements, since failure to do so can lead to serious legal consequences. Please note this Beta Software is in beta and will contain errors and bugs.
9. WARRANTIES AND LIMITATION OF LIABILITY REGARDING THE BETA SOFTWARE
A warranty is a legal statement of fact, some of which we make below. If you have any question regarding the meaning of these terms, please contact us through our customer support system at http://dovetailgames.kayako.com, but please note that you will still be bound by section 1.3 of this EULA).
Warranties
9.1 We warrant that:
(a) we have the right to enter into this EULA and to grant a licence over the Beta Software to you;
(b) we will provide our services regarding the Beta Software with reasonable skill and care; and
(c) we will use reasonable endeavours to comply with applicable laws in the performance of our obligations under this EULA.
Limitation of liability
9.2 However, please also note that (to the maximum extent permitted by law):
(a) we provide the Beta Software for personal entertainment, on an "as is" basis. This means that we make no warranties or representations about the features, content or other parts of the Beta Software from time to time;
(b) we make no warranties in any way regarding whether the Beta Software or any part of it is of satisfactory quality or fitness for purpose or for a particular use;
(c) we do not make any warranties regarding the operation of the Beta Software or that it will be uninterrupted or error free indeed as it is in beta this Beta Software will contain errors and bugs and will most likely crash; and
(d) the Beta Software is produced in the United Kingdom (which is where we are based). Unfortunately therefore we cannot make any representation or warranty regarding whether the Beta Software complies with the local laws of any other country.
9.3 To the maximum extent permitted by law, we exclude liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect, punitive or consequential loss whether or not such arises out of any problem you notify to us and we shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:
(a) any breach of the warranties at clause 9.2 above;
(b) any incorrect or inaccurate information within the Beta Software and all interruptions to or delays in updating the Beta Software;
(c) any third party infringement of Intellectual Property Rights;
(d) viruses or other malicious software that may infect a user's computer equipment, software, data or other property caused by persons accessing, using or downloading the Beta Software or from transmissions via emails or attachments received from us or our licensees; and
(e) any harm or loss you suffer as a result of any interactions by you with third party software, content (including UGC) or web sites (whether or not at our suggestion).
9.4 These terms above will not limit your consumer rights (if any) which we cannot exclude under applicable law, nor will they exclude or limit our liability for death or personal injury resulting from our negligence nor any fraudulent representation.
Indemnity
9.5 You hereby agree on demand to indemnify and hold harmless us and our officers, directors, employees and agents from and against any and all damages, claims, suits, actions, judgments and costs and expenses whatsoever, including reasonable legal fees and costs, arising out of (without limitation): (i) your use of the Beta Software; and (ii) your creation or distribution of any UGC (including any third party claims of infringement of Intellectual Property Rights regarding such UGC); and (iii) any breach by you of the terms of this EULA.
10. PRIVACY
10.1 We take your personal privacy very seriously. We have defined our privacy policy in a short document which can be found here. By using this Beta Software, you agree to the terms of that privacy agreement.
10.2 Dovetail Games will only ever use your personal details for the purposes of administering this Beta Software, and will not publish them or provide them to anyone without permission.
11. TERMINATION
11.1 This EULA will continue in force until you stop using the Beta Software or unless earlier terminated under clause 11.2 of this EULA.
11.2 We are entitled to remove, cancel or suspend your access to and use of the Beta Software if you breach any part of this EULA. This will not restrict us from taking any other action that we consider necessary under this EULA or otherwise.
12. FORCE MAJEURE
12.1 We will not be liable for any failure by us to perform any obligation under this EULA if that failure is caused by the happening of any unforeseen event beyond our reasonable control including without limitation: Internet outages, communications outages, fire, flood, war or act of God.
(Explanatory note: this provision means that if unforeseen events beyond our control happen, then we won't be liable to you if we are unable to perform any part of this EULA, e.g. to make the Beta Software available to you).
13. GENERAL
13.1 If you breach this EULA and we take no or limited action against you, we will still be fully entitled to take action in any other situation where you breach this EULA.
13.2 If any part of this EULA is held to be unenforceable, then we and you agree to interpret it and the rest of this EULA in such a way as to reflect the parties' intentions as far as possible. Also, if any part of this EULA is held to be unenforceable then that will not affect the enforceability of any other part of this EULA.
13.3 No term of this EULA is enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to it.
13.4 This EULA constitutes the entire agreement and understanding between you and us regarding the Beta Software and supersedes any previous agreement or understanding between you and us. You and we agree that neither of us have relied upon any statement, representation, warranty, undertaking or promise which is not expressly set out in this EULA.
13.5 Where we have provided you with a translation of the English language version of this agreement, you agree that the translation is provided for your convenience only and that the English language version will govern your relationship with us. If there is any contradiction between the English language version and a translation, the English language version will take precedence.
14. GOVERNING LAW AND JURISDICTION
14.1 You and we agree that:
(a) your use of the Beta Software, and the validity and meaning of this EULA, shall be governed by and interpreted according to the laws of England and Wales; and
(b) any dispute regarding this EULA shall be heard exclusively by the courts of England and Wales.
15. CHANGES TO THIS EULA
15.1 We may vary this EULA as and when we consider it appropriate or necessary. If so, then we will make the revised EULA available at www.dovetailgames.com/terms. Please always refer to the latest version of the EULA.
Dovetail Games Train Simulator – Train Sim World CSX Heavy Haul Private Beta End User Licence Agreement
(Latest version: 19 October 2016)
YOU SHOULD READ THE FOLLOWING EULA CAREFULLY, BEFORE USING, DOWNLOADING OR INSTALLING THE BETA SOFTWARE (as defined below). ALL USE OF BETA SOFTWARE IS GOVERNED BY AND CONDITIONAL ON YOUR ACCEPTANCE OF AND COMPLIANCE WITH THIS EULA. ANY USE, REPRODUCTION OR REDISTRIBUTION OF THE BETA SOFTWARE NOT IN ACCORDANCE WITH THE TERMS OF THIS EULA IS EXPRESSLY PROHIBITED. IF YOU DO NOT ACCEPT THE TERMS OF THE BETA SOFTWARE EULA, YOU MAY NOT USE, DOWNLOAD OR INSTALL THE BETA SOFTWARE.
YOU SPECIFICALLY AGREE, ACKNOWLEDGE AND ACCEPT THAT:
- THE BETA SOFTWARE IS MADE AVAILABLE FOR A PERIOD OF TIME DETERMINED BY US “AS IS” AS WORK IN PROGRESS AND AS PART OF A PRE-RELEASE PROGRAMME FOR EVALUATION AND DEMONSTRATION PURPOSES ONLY, IN ORDER TO ASSESS AND EVALUATE ITS PERFORMANCE INCLUDING THE IDENTIFICATION OF ANY ERRORS OR DEFECTS. GUIDANCE ON HOW TO PROVIDE YOUR FEEDBACK IS AVAILABLE HERE;
- USE OF THE BETA SOFTWARE WILL NOT ENTITLE YOU TO A FREE COPY OR A DISCOUNT ON TRAIN SIM WORLD CSX HEAVY HAUL WHEN IT RELEASES;
- THE BETA SOFTWARE MAY (AND LIKELY WILL) CONTAIN DEFECTS AND/OR ERRORS;
- THE BETA SOFTWARE MAY AND PROBABLY WILL CRASH AND / OR CAUSE DATA LOSS;
- YOU USE, DOWNLOAD AND INSTALL THE BETA SOFTWARE AT YOUR OWN RISK, KNOWING THAT IT IS PROVIDED AS IS AND WITH FAULTS.
- ANY AND ALL INTELLECTUAL PROPERTY IN RESPECT OF YOUR FEEDBACK SHALL BE THE SOLE AND EXCLUSIVE PROPERTY OF DOVETAIL GAMES AND YOU SHALL NOT HAVE ANY RIGHTS OF ANY KIND WHATSOEVER IN THE GAME.
YOU ARE ADVISED TO BACK-UP AND OTHERWISE SAFEGUARD ALL DATA AND SOFTWARE ON YOUR COMPUTER AND TO NOT RELY ON THE CORRECT FUNCTIONING OR PERFORMANCE OF THE GAME. USE OF THE BETA SOFTWARE WILL NOT AFFECT YOUR ABILITY TO PLAY TRAIN SIMULATOR 2017 PIONEERS EDITION OR TO USE YOUR INSTALLED CONTENT FOR THAT GAME.
1. ABOUT THIS End User Licence Agreement ("EULA")
1.1 Your right to access the Beta Software is dependent on you meeting the Hardware Requirements (see section 6) and that you own a valid license for Train Simulator 2017 Pioneers Edition before 1st December 2016. Train Simulator 2017 Pioneers Edition is made available under a different EULA and you will have received that at the time you purchased a licence for that game.
1.2 This EULA governs your use of the beta version of the Train Sim World CSX Heavy Haul Private Beta and its successors, and any add-ons, user-generated content or downloadable content (which we will call the "Beta Software" in this EULA). You will not be entitled to the full version of Train Sim World CSX Heavy Haul, either free of charge or discounted, when the Beta Software is withdrawn. Please read it carefully because it is an important document: a lot of time and effort has gone into making the Beta Software and, in order for us to keep working on them, we need to have some rules about what you can and cannot do when using them. If you have any queries, please contact https://dovetailgames.kayako.com.
1.3 By clicking on the "Yes" or “Install” button, or by downloading or using the Beta Software in any way, you confirm your agreement to all the terms in this EULA. If you do not agree to the terms of this EULA, please click the "No" or “Exit” button and do not use the Beta Software.
1.4 If you are a minor (which will depend on your country of residence), please ask your parent or guardian to review and approve this EULA on your behalf (because legally minors cannot enter into agreements like this EULA).
1.5 From time to time, we have tried to explain some of the more 'legal' concepts in this EULA in a helpful manner. For the avoidance of any doubt, these explanations are just to aid your comprehension of this EULA and are not intended to affect the legal meaning of any part of this EULA.
2. LICENCE TO THE BETA SOFTWARE
2.1 We give you the personal right (known as a 'licence') to download, install (and enjoy!) the Beta Software for your personal use. We can terminate this licence in certain circumstances, which are explained further below. This licence is 'non-exclusive', meaning that we can grant similar licences to other people as well.
2.2 You may not transfer or sub-license this licence in any way to anyone else unless we first agree to it in writing.
3. ABOUT US
3.1 We are Dovetail Games, a trading name of RailSimulator.Com Limited and its associated companies. We're also referred to in this EULA as "Dovetail Games" or "we" or "us".
3.2 Please send any correspondence to: Dovetail Games, The Observatory, Chatham Maritime, Chatham, Kent ME4 4NT, UK.
4. USING THE BETA SOFTWARE
4.1 In order to use the Beta Software you must have a Steam account. If you don’t already have one, creating one is free from http://store.steampowered.com/ and setting it up involves creating a username and password – which you should keep secure and confidential (i.e. don't give it to anyone else). You must not allow anyone else to access your account.
4.2 Please note that the Beta Software is intended strictly for leisure purposes only. It is not designed for, and must not be used, for any training or in any way as a realistic simulation. We accept no responsibility or liability for any failure by users to comply with this clause 4.2.
5. PATCHES, UPDATES AND CHANGES TO THE BETA SOFTWARE
5.1 From time to time, we may need to deploy or provide patches, updates, additional content or other modifications to the Beta Software (for example to enhance the Beta Software, to add new features or to resolve some of the many software bugs). You hereby grant us your consent for us to deploy and apply such patches, updates or other modifications to the Beta Software automatically.
5.2 From time to time, we may also at our absolute discretion remove or suspend access to particular features, content or other parts of the Beta Software from time to time.
6. HARDWARE REQUIREMENTS
6.1 Please be aware that Beta Software has been developed by us to operate on the following minimum specs:
(a) OS: 64-Bit Windows 7 Service Pack 1, Windows 8 / 8.1 or Windows 10
(b) Processor: 2 GHz Dual-Core 64-bit CPU
(c) Memory: 8 GB RAM
(d) Graphics: DirectX10 Compatible GPU with 2 GB Video RAM
(e) DirectX: Version 10
(f) Storage: 40 GB available space
(g) Sound: DirectX compatible
(h) Internet connection required
6.2 The minimum specs above are HIGHER than the specs required to operate Train Simulator 2017 Pioneers Edition. Therefore, it is your obligation to ensure that you are running at least the minimum specs above. By using the Beta Software you agree that you have the necessary hardware, software and capability required for its use. We accept no responsibility or liability for any failure of your system to meet the technical requirements of the Beta Software as amended or updated from time to time.
7. INTELLECTUAL PROPERTY RIGHTS IN THE BETA SOFTWARE
7.1 By "Intellectual Property Rights" what we mean is: all ownership rights and interests in copyright, design right, database rights, patents and any rights to inventions, know-how, trade and business names, confidential information and trade marks (whether registered or unregistered) and any applications and other like rights.
7.2 We own and reserve all of the Intellectual Property Rights in the Beta Software (or we license them from third parties) unless we inform you otherwise.
8. WHAT YOU MUST NOT DO REGARDING THE BETA SOFTWARE:
8.1 You must not do or try (or permit to be done or tried on your behalf) any of the following:
(a) use the Beta Software for any purpose except for personal entertainment (for example, you may not use the Beta Software for commercial purposes such as, but not limited to, training, route planning, infrastructure design, advertising or promotion);
(b) except as authorised by us in this EULA (or as permitted by law) to: copy, rent, sub-license, loan, modify, adapt, merge, translate, reverse engineer, decompile, disassemble or create derivative works based on the whole or any part of the Beta Software;
(c) hack, attempt to hack, distribute, modify, transmit, re-use, re-post, or use any, all or part of the Beta Software (including Intellectual Property Rights or copy protection software that forms part of the Beta Software or Steam or is supplied with either of them) for any purpose unless first authorised by us by writing;
(d) use the Beta Software for any illegal purpose; or
(e) anything else that may harm the Beta Software.
8.2 Please make sure you fully understand and comply with these requirements, since failure to do so can lead to serious legal consequences. Please note this Beta Software is in beta and will contain errors and bugs.
9. WARRANTIES AND LIMITATION OF LIABILITY REGARDING THE BETA SOFTWARE
A warranty is a legal statement of fact, some of which we make below. If you have any question regarding the meaning of these terms, please contact us through our customer support system at http://dovetailgames.kayako.com, but please note that you will still be bound by section 1.3 of this EULA).
Warranties
9.1 We warrant that:
(a) we have the right to enter into this EULA and to grant a licence over the Beta Software to you;
(b) we will provide our services regarding the Beta Software with reasonable skill and care; and
(c) we will use reasonable endeavours to comply with applicable laws in the performance of our obligations under this EULA.
Limitation of liability
9.2 However, please also note that (to the maximum extent permitted by law):
(a) we provide the Beta Software for personal entertainment, on an "as is" basis. This means that we make no warranties or representations about the features, content or other parts of the Beta Software from time to time;
(b) we make no warranties in any way regarding whether the Beta Software or any part of it is of satisfactory quality or fitness for purpose or for a particular use;
(c) we do not make any warranties regarding the operation of the Beta Software or that it will be uninterrupted or error free indeed as it is in beta this Beta Software will contain errors and bugs and will most likely crash; and
(d) the Beta Software is produced in the United Kingdom (which is where we are based). Unfortunately therefore we cannot make any representation or warranty regarding whether the Beta Software complies with the local laws of any other country.
9.3 To the maximum extent permitted by law, we exclude liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect, punitive or consequential loss whether or not such arises out of any problem you notify to us and we shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:
(a) any breach of the warranties at clause 9.2 above;
(b) any incorrect or inaccurate information within the Beta Software and all interruptions to or delays in updating the Beta Software;
(c) any third party infringement of Intellectual Property Rights;
(d) viruses or other malicious software that may infect a user's computer equipment, software, data or other property caused by persons accessing, using or downloading the Beta Software or from transmissions via emails or attachments received from us or our licensees; and
(e) any harm or loss you suffer as a result of any interactions by you with third party software, content (including UGC) or web sites (whether or not at our suggestion).
9.4 These terms above will not limit your consumer rights (if any) which we cannot exclude under applicable law, nor will they exclude or limit our liability for death or personal injury resulting from our negligence nor any fraudulent representation.
Indemnity
9.5 You hereby agree on demand to indemnify and hold harmless us and our officers, directors, employees and agents from and against any and all damages, claims, suits, actions, judgments and costs and expenses whatsoever, including reasonable legal fees and costs, arising out of (without limitation): (i) your use of the Beta Software; and (ii) your creation or distribution of any UGC (including any third party claims of infringement of Intellectual Property Rights regarding such UGC); and (iii) any breach by you of the terms of this EULA.
10. PRIVACY
10.1 We take your personal privacy very seriously. We have defined our privacy policy in a short document which can be found here. By using this Beta Software, you agree to the terms of that privacy agreement.
10.2 Dovetail Games will only ever use your personal details for the purposes of administering this Beta Software, and will not publish them or provide them to anyone without permission.
11. TERMINATION
11.1 This EULA will continue in force until you stop using the Beta Software or unless earlier terminated under clause 11.2 of this EULA.
11.2 We are entitled to remove, cancel or suspend your access to and use of the Beta Software if you breach any part of this EULA. This will not restrict us from taking any other action that we consider necessary under this EULA or otherwise.
12. FORCE MAJEURE
12.1 We will not be liable for any failure by us to perform any obligation under this EULA if that failure is caused by the happening of any unforeseen event beyond our reasonable control including without limitation: Internet outages, communications outages, fire, flood, war or act of God.
(Explanatory note: this provision means that if unforeseen events beyond our control happen, then we won't be liable to you if we are unable to perform any part of this EULA, e.g. to make the Beta Software available to you).
13. GENERAL
13.1 If you breach this EULA and we take no or limited action against you, we will still be fully entitled to take action in any other situation where you breach this EULA.
13.2 If any part of this EULA is held to be unenforceable, then we and you agree to interpret it and the rest of this EULA in such a way as to reflect the parties' intentions as far as possible. Also, if any part of this EULA is held to be unenforceable then that will not affect the enforceability of any other part of this EULA.
13.3 No term of this EULA is enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to it.
13.4 This EULA constitutes the entire agreement and understanding between you and us regarding the Beta Software and supersedes any previous agreement or understanding between you and us. You and we agree that neither of us have relied upon any statement, representation, warranty, undertaking or promise which is not expressly set out in this EULA.
13.5 Where we have provided you with a translation of the English language version of this agreement, you agree that the translation is provided for your convenience only and that the English language version will govern your relationship with us. If there is any contradiction between the English language version and a translation, the English language version will take precedence.
14. GOVERNING LAW AND JURISDICTION
14.1 You and we agree that:
(a) your use of the Beta Software, and the validity and meaning of this EULA, shall be governed by and interpreted according to the laws of England and Wales; and
(b) any dispute regarding this EULA shall be heard exclusively by the courts of England and Wales.
15. CHANGES TO THIS EULA
15.1 We may vary this EULA as and when we consider it appropriate or necessary. If so, then we will make the revised EULA available at www.dovetailgames.com/terms. Please always refer to the latest version of the EULA.