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END USER LICENCE AGREEMENT
You should carefully read the following terms and conditions of this End User License Agreement (“EULA”) before accessing this software or associated documentation or services (“Software”). To the extent permitted by law, installing or using the Software indicates your acceptance of these terms and conditions. If you do not agree with them, or if you do not understand them, you should not install or use the Software. If you have any questions concerning this EULA, you may contact Black Delta Trading Pty Ltd (“Black Delta”) by emailing support@blackdelta.com.au.
1 Access
(a) Only individuals expressly authorised by Black Delta are permitted to access the Software. Black Delta will provide you with access to the Software on the terms set out below.
(b) Except as otherwise agreed, you are responsible for acquiring, installing, configuring and maintaining your systems (including without limitation appropriate hardware, software, interfaces and internet connection) to enable access to the Software.
(c) Following your purchase of the Software, Black Delta will provide you with a single-use redeemable digital Steam key to enable you to access the Software via digital platforms or retail stores as advised by Black Delta from time to time.
(d) If you are a beta testing registrant, Black Delta will give you access to the beta version of the Software by providing you with a single-use redeemable digital Steam key to enable you to access the Software via store.steampowered.com, During the registration process to become a beta testing participant you will be issued with a User ID and Password which will give you access to the KartKraft Forum, via forum.kartkraftgame.com (“Login Details”). You must keep your Login Details confidential and secure, and ensure that no other person is allowed access to the Software. You are responsible for all electronic communications and other information entered using your Login Details. You must notify Black Delta immediately upon becoming aware of a breach of confidentiality or security of Login Details, or of any access by a third party.
(e) Your licence to access and use the Software is also subject to the following:
(i) you will only operate the Software in accordance with the written documentation relating to the Software, installation guides, help files contained in the Software, and relevant online information to which Black Delta may direct you from time to time, each of the foregoing as amended from time to time (“Documentation”); and
(ii) you must only use the Software for your own personal entertainment or in order to create and publish unbiased reviews of the Software in the media.
(f) You are required to comply with all security procedures, as may be modified by Black Delta from time to time, in order to maximise the security of the Software.
2 Proprietary Rights
(a) You acknowledge that all rights, title and interests (including intellectual property rights) in and to the Software are owned by Black Delta or its licensors. You agree that you do not acquire any intellectual property rights in the Software under this EULA.
(b) Subject to paragraph 3 below, your licence to use the Software is non-transferable and limited to screen access only. You must not, nor allow any third party to:
(i) sell, rent, lend or sublicense the Software to any third party;
(ii) download or reproduce the Software on any hard drive or server other than:
(A) as required for the original installation of one copy of the Software on your own computer system; or
(B) for the purposes of creating or sharing self-recorded screenshots or video segments for producing unbiased reviews of the Software for a public audience;
(iii) directly or indirectly electronically transfer, copy, modify, adapt, translate, disassemble, merge or reverse engineer or decompile the whole or any part of the Software, or create derivative works based on the whole or any part of the Software (including images, audio components or accompanying documentation);
(iv) remove or alter any copyright notices on any copies of the Software; or
(v) access, reproduce or alter in any way the source code of the Software.
3 Modding
(a) Black Delta may permit modding (community development of content) (“Mod Content”) from time to time on terms specified by Black Delta within the Software. Where modding is permitted, you are licensed to use and modify the supplied templates (Textures / 3D Models / Sounds / Text Files) for the sole purpose of creating content for KartKraft.
(b) You warrant that you have the right to contribute all Mod Content which you submit to the Software platform and that Black Delta’s ongoing use of such Mod Content within the Software will not infringe the rights of third parties.
(c) You hereby assign to Black Delta:
(i) all intellectual property rights, including future copyright, in Mod Content (“Mod Content IP”); and
(ii) all common law and statutory rights and remedies and any rights of action available to you in relation to the Mod Content IP.
The assignment under this sub-clause is deemed to take effect from the date of creation of the Mod Content IP and you agree to execute any further documents necessary to give effect to this sub-clause.
(d) You permit Black Delta, its licensees and successors in title to exercise all rights comprised in copyright works contained within your Mod Content including (but not limited to) the right to use, deal with, publicly perform, communicate, reproduce, transmit, publish, exhibit, modify or adapt the copyright works:
(i) without attribution of authorship to the author;
(ii) bearing the name of Black Delta or any other person as directed by Black Delta; and
(iii) even if it results in ‘derogatory treatment’ under section 195AJ of the Copyright Act 1968 (Cth) which may be prejudicial to the author.
(e) You further agree that you provide to Black Delta:
(i) an unconditional and irrevocable waiver to the extent permitted by law, of all and any moral rights in respect of copyright works in Mod Content to which the author may be or may become entitled overseas; and
(ii) an acknowledgment that the consents and waivers in this clause relating to Mod Content IP are genuinely given and not obtained from the author under duress by Black Delta or any third party.
4 Changes to Software
Black Delta reserves the right, in Black Delta’s sole discretion, and from time to time, to change the format or content of the Software or update, modify or enhance the Software whether or not such changes, updates, modifications or enhancements require changes to your systems or your modes of operation. Black Delta will not be responsible for providing any updates, replacements, revisions, enhancements, additions or conversions or otherwise maintaining your systems or for any data loss or corruption caused where such updates, modifications or enhancements occur.
5 Monitoring
You agree to furnish Black Delta on request with such information concerning your use of the Software as Black Delta may reasonably request for the purposes of monitoring compliance with this EULA.
6 No warranties
You agree that the Software is made available to you “as is” and that use of the Software is at your sole risk. Black Delta is under no obligation to provide support services relating to the Software. Black Delta makes no warranty that the Software meets the requirements of the computer system used nor that the Software is error or defect free. To the extent permitted by law, Black Delta makes no representations or warranties, express or implied in respect of the Software. Your use of the Software is at your own risk and you acknowledge that your use of the Software may cause problems with your computer or result in damage or loss.
7 User Indemnity
You indemnify Black Delta in respect of, and defend and hold Black Delta harmless from and against, any and all damages, losses, liability and expenses (including legal costs on a full indemnity basis) suffered or incurred by Black Delta arising out of:
(a) any breach by you of your obligations under this EULA;
(b) any action or inaction by any person you permit to have access to the Software where such action or inaction on your part would constitute a breach of this EULA.
8 Limitation of Liability
(a) To the extent permitted by law, Black Delta, its licensors and group companies will not be liable for any damages or loss of any kind whatsoever (including, without limitation, any liability for consequential damages or loss) arising out of Black Delta’s grant of access to the Software or your use of or inability to use or access the Software, whether arising from any act, omission or failure (and whether negligent or not) of Black Delta, its officers, servants, agents, group companies, independent contractors or otherwise.
(b) To the extent Black Delta is liable for a breach of condition or warranty under Schedule 2 of the Competition and Consumer Act 2010 (Cth) which cannot be excluded by law, Black Delta’s liability is limited to any one or more of the limitations specified in section 64A(1)(a) and (b) of that Act, as Black Delta in its sole discretion considers appropriate.
9 Termination
Black Delta may suspend or terminate your right to access the Software at any time and in its sole and unfettered discretion.
10 General
(a) In the event that any provision of this EULA is not enforceable, the remainder of this EULA remains in full force and effect.
(b) No waiver of any right by Black Delta under this EULA will be effective unless given in writing by an authorised representative of Black Delta.
(c) This EULA constitutes the entire agreement and understanding between the parties with respect to the subject matter of this EULA and supersedes any and all other agreements, written or oral, that the parties may have had with respect to the subject matter herein.
(d) Black Delta may change the terms of this EULA from time to time. Black Delta will be deemed to have notified you of the updated EULA terms by sending an email to the email address which you supplied Black Delta during your purchase of the Software. It is your responsibility to notify Black Delta via support@blackdelta.com.au if your preferred contact details change. You will be deemed to accept revised EULA terms by clicking to accept them prior to accessing the Software on each occasion that you are notified that the EULA terms have changed.
(e) This EULA is governed by and construed in accordance with the laws in force in the State of Victoria, Australia. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of Victoria, Australia.
11 Additional Disclaimers
KartKraft includes the Unreal® Engine code and other code, materials, and information (the “Epic Materials”) from Epic Games, Inc. (“Epic”). All Epic Materials are provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind. Black Delta, Epic, and Epic’s affiliates disclaim all warranties, conditions, common law duties, and representations (express, implied, oral, and written) with respect to the Epic Materials, including without limitation all express, implied, and statutory warranties and conditions of any kind, such as title, non-interference with your enjoyment, authority, non-infringement, merchantability, fitness or suitability for any purpose (whether or not Epic knows or has reason to know of any such purpose), system integration, accuracy or completeness, results, reasonable care, workmanlike effort, lack of negligence, and lack of viruses, whether alleged to arise under law, by reason of custom or usage in the trade, or by course of dealing. Without limiting the generality of the foregoing, Black Delta, Epic, and Epic’s affiliates make no warranty that (1) any of the Epic Materials will operate properly, including as integrated in the KartKraft, (2) that the Epic Materials will meet your requirements, (3) that the operation of the Epic Materials will be uninterrupted, bug free, or error free in any or all circumstances, (4) that any defects in the Epic Materials can or will be corrected, (5) that the Epic Materials are or will be in compliance with a platform manufacturer’s rules or requirements, or (6) that a platform manufacturer has approved or will approve KartKraft, or will not revoke approval of KartKraft for any or no reason. Any warranty against infringement that may be provided in Section 2-312 of the Uniform Commercial Code or in any other comparable statute is expressly disclaimed by Black Delta and Epic. Black Delta, Epic, and Epic’s affiliates do not guarantee continuous, error-free, virus-free, or secure operation of or access to the Epic Materials. This paragraph will apply to the maximum extent permitted by applicable law.
To the maximum extent permitted by applicable law, neither Black Delta, Epic, Epic’s licensors, nor its or their affiliates, nor any of Black Delta's or Epic’s service providers, shall be liable in any way for loss or damage of any kind resulting from the use or inability to use the Epic Materials or otherwise in connection with this [Agreement], including but not limited to loss of goodwill, work stoppage, computer failure, or malfunction, or any and all other commercial damages or losses. In no event will Black Delta, Epic, Epic’s licensors, nor its or their affiliates, nor any of Black Delta's or Epic’s service providers be liable for any loss of profits or any indirect, incidental, consequential, special, punitive, or exemplary damages, or any other damages arising out of or in connection with this [Agreement] or the Epic Materials, or the delay or inability to use or lack of functionality of the Epic Materials, even in the event of Black Delta's, Epic’s, or Epic’s affiliates’ fault, tort (including negligence), strict liability, indemnity, product liability, breach of contract, breach of warranty, or otherwise and even if Black Delta, Epic or Epic’s affiliates have been advised of the possibility of such damages. These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate compensation.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Black Delta, Epic, Epic’s licensors, its and their affiliates, and any of Black Delta's or Epic’s service providers shall be limited to the full extent permitted by law.
You should carefully read the following terms and conditions of this End User License Agreement (“EULA”) before accessing this software or associated documentation or services (“Software”). To the extent permitted by law, installing or using the Software indicates your acceptance of these terms and conditions. If you do not agree with them, or if you do not understand them, you should not install or use the Software. If you have any questions concerning this EULA, you may contact Black Delta Trading Pty Ltd (“Black Delta”) by emailing support@blackdelta.com.au.
1 Access
(a) Only individuals expressly authorised by Black Delta are permitted to access the Software. Black Delta will provide you with access to the Software on the terms set out below.
(b) Except as otherwise agreed, you are responsible for acquiring, installing, configuring and maintaining your systems (including without limitation appropriate hardware, software, interfaces and internet connection) to enable access to the Software.
(c) Following your purchase of the Software, Black Delta will provide you with a single-use redeemable digital Steam key to enable you to access the Software via digital platforms or retail stores as advised by Black Delta from time to time.
(d) If you are a beta testing registrant, Black Delta will give you access to the beta version of the Software by providing you with a single-use redeemable digital Steam key to enable you to access the Software via store.steampowered.com, During the registration process to become a beta testing participant you will be issued with a User ID and Password which will give you access to the KartKraft Forum, via forum.kartkraftgame.com (“Login Details”). You must keep your Login Details confidential and secure, and ensure that no other person is allowed access to the Software. You are responsible for all electronic communications and other information entered using your Login Details. You must notify Black Delta immediately upon becoming aware of a breach of confidentiality or security of Login Details, or of any access by a third party.
(e) Your licence to access and use the Software is also subject to the following:
(i) you will only operate the Software in accordance with the written documentation relating to the Software, installation guides, help files contained in the Software, and relevant online information to which Black Delta may direct you from time to time, each of the foregoing as amended from time to time (“Documentation”); and
(ii) you must only use the Software for your own personal entertainment or in order to create and publish unbiased reviews of the Software in the media.
(f) You are required to comply with all security procedures, as may be modified by Black Delta from time to time, in order to maximise the security of the Software.
2 Proprietary Rights
(a) You acknowledge that all rights, title and interests (including intellectual property rights) in and to the Software are owned by Black Delta or its licensors. You agree that you do not acquire any intellectual property rights in the Software under this EULA.
(b) Subject to paragraph 3 below, your licence to use the Software is non-transferable and limited to screen access only. You must not, nor allow any third party to:
(i) sell, rent, lend or sublicense the Software to any third party;
(ii) download or reproduce the Software on any hard drive or server other than:
(A) as required for the original installation of one copy of the Software on your own computer system; or
(B) for the purposes of creating or sharing self-recorded screenshots or video segments for producing unbiased reviews of the Software for a public audience;
(iii) directly or indirectly electronically transfer, copy, modify, adapt, translate, disassemble, merge or reverse engineer or decompile the whole or any part of the Software, or create derivative works based on the whole or any part of the Software (including images, audio components or accompanying documentation);
(iv) remove or alter any copyright notices on any copies of the Software; or
(v) access, reproduce or alter in any way the source code of the Software.
3 Modding
(a) Black Delta may permit modding (community development of content) (“Mod Content”) from time to time on terms specified by Black Delta within the Software. Where modding is permitted, you are licensed to use and modify the supplied templates (Textures / 3D Models / Sounds / Text Files) for the sole purpose of creating content for KartKraft.
(b) You warrant that you have the right to contribute all Mod Content which you submit to the Software platform and that Black Delta’s ongoing use of such Mod Content within the Software will not infringe the rights of third parties.
(c) You hereby assign to Black Delta:
(i) all intellectual property rights, including future copyright, in Mod Content (“Mod Content IP”); and
(ii) all common law and statutory rights and remedies and any rights of action available to you in relation to the Mod Content IP.
The assignment under this sub-clause is deemed to take effect from the date of creation of the Mod Content IP and you agree to execute any further documents necessary to give effect to this sub-clause.
(d) You permit Black Delta, its licensees and successors in title to exercise all rights comprised in copyright works contained within your Mod Content including (but not limited to) the right to use, deal with, publicly perform, communicate, reproduce, transmit, publish, exhibit, modify or adapt the copyright works:
(i) without attribution of authorship to the author;
(ii) bearing the name of Black Delta or any other person as directed by Black Delta; and
(iii) even if it results in ‘derogatory treatment’ under section 195AJ of the Copyright Act 1968 (Cth) which may be prejudicial to the author.
(e) You further agree that you provide to Black Delta:
(i) an unconditional and irrevocable waiver to the extent permitted by law, of all and any moral rights in respect of copyright works in Mod Content to which the author may be or may become entitled overseas; and
(ii) an acknowledgment that the consents and waivers in this clause relating to Mod Content IP are genuinely given and not obtained from the author under duress by Black Delta or any third party.
4 Changes to Software
Black Delta reserves the right, in Black Delta’s sole discretion, and from time to time, to change the format or content of the Software or update, modify or enhance the Software whether or not such changes, updates, modifications or enhancements require changes to your systems or your modes of operation. Black Delta will not be responsible for providing any updates, replacements, revisions, enhancements, additions or conversions or otherwise maintaining your systems or for any data loss or corruption caused where such updates, modifications or enhancements occur.
5 Monitoring
You agree to furnish Black Delta on request with such information concerning your use of the Software as Black Delta may reasonably request for the purposes of monitoring compliance with this EULA.
6 No warranties
You agree that the Software is made available to you “as is” and that use of the Software is at your sole risk. Black Delta is under no obligation to provide support services relating to the Software. Black Delta makes no warranty that the Software meets the requirements of the computer system used nor that the Software is error or defect free. To the extent permitted by law, Black Delta makes no representations or warranties, express or implied in respect of the Software. Your use of the Software is at your own risk and you acknowledge that your use of the Software may cause problems with your computer or result in damage or loss.
7 User Indemnity
You indemnify Black Delta in respect of, and defend and hold Black Delta harmless from and against, any and all damages, losses, liability and expenses (including legal costs on a full indemnity basis) suffered or incurred by Black Delta arising out of:
(a) any breach by you of your obligations under this EULA;
(b) any action or inaction by any person you permit to have access to the Software where such action or inaction on your part would constitute a breach of this EULA.
8 Limitation of Liability
(a) To the extent permitted by law, Black Delta, its licensors and group companies will not be liable for any damages or loss of any kind whatsoever (including, without limitation, any liability for consequential damages or loss) arising out of Black Delta’s grant of access to the Software or your use of or inability to use or access the Software, whether arising from any act, omission or failure (and whether negligent or not) of Black Delta, its officers, servants, agents, group companies, independent contractors or otherwise.
(b) To the extent Black Delta is liable for a breach of condition or warranty under Schedule 2 of the Competition and Consumer Act 2010 (Cth) which cannot be excluded by law, Black Delta’s liability is limited to any one or more of the limitations specified in section 64A(1)(a) and (b) of that Act, as Black Delta in its sole discretion considers appropriate.
9 Termination
Black Delta may suspend or terminate your right to access the Software at any time and in its sole and unfettered discretion.
10 General
(a) In the event that any provision of this EULA is not enforceable, the remainder of this EULA remains in full force and effect.
(b) No waiver of any right by Black Delta under this EULA will be effective unless given in writing by an authorised representative of Black Delta.
(c) This EULA constitutes the entire agreement and understanding between the parties with respect to the subject matter of this EULA and supersedes any and all other agreements, written or oral, that the parties may have had with respect to the subject matter herein.
(d) Black Delta may change the terms of this EULA from time to time. Black Delta will be deemed to have notified you of the updated EULA terms by sending an email to the email address which you supplied Black Delta during your purchase of the Software. It is your responsibility to notify Black Delta via support@blackdelta.com.au if your preferred contact details change. You will be deemed to accept revised EULA terms by clicking to accept them prior to accessing the Software on each occasion that you are notified that the EULA terms have changed.
(e) This EULA is governed by and construed in accordance with the laws in force in the State of Victoria, Australia. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of Victoria, Australia.
11 Additional Disclaimers
KartKraft includes the Unreal® Engine code and other code, materials, and information (the “Epic Materials”) from Epic Games, Inc. (“Epic”). All Epic Materials are provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind. Black Delta, Epic, and Epic’s affiliates disclaim all warranties, conditions, common law duties, and representations (express, implied, oral, and written) with respect to the Epic Materials, including without limitation all express, implied, and statutory warranties and conditions of any kind, such as title, non-interference with your enjoyment, authority, non-infringement, merchantability, fitness or suitability for any purpose (whether or not Epic knows or has reason to know of any such purpose), system integration, accuracy or completeness, results, reasonable care, workmanlike effort, lack of negligence, and lack of viruses, whether alleged to arise under law, by reason of custom or usage in the trade, or by course of dealing. Without limiting the generality of the foregoing, Black Delta, Epic, and Epic’s affiliates make no warranty that (1) any of the Epic Materials will operate properly, including as integrated in the KartKraft, (2) that the Epic Materials will meet your requirements, (3) that the operation of the Epic Materials will be uninterrupted, bug free, or error free in any or all circumstances, (4) that any defects in the Epic Materials can or will be corrected, (5) that the Epic Materials are or will be in compliance with a platform manufacturer’s rules or requirements, or (6) that a platform manufacturer has approved or will approve KartKraft, or will not revoke approval of KartKraft for any or no reason. Any warranty against infringement that may be provided in Section 2-312 of the Uniform Commercial Code or in any other comparable statute is expressly disclaimed by Black Delta and Epic. Black Delta, Epic, and Epic’s affiliates do not guarantee continuous, error-free, virus-free, or secure operation of or access to the Epic Materials. This paragraph will apply to the maximum extent permitted by applicable law.
To the maximum extent permitted by applicable law, neither Black Delta, Epic, Epic’s licensors, nor its or their affiliates, nor any of Black Delta's or Epic’s service providers, shall be liable in any way for loss or damage of any kind resulting from the use or inability to use the Epic Materials or otherwise in connection with this [Agreement], including but not limited to loss of goodwill, work stoppage, computer failure, or malfunction, or any and all other commercial damages or losses. In no event will Black Delta, Epic, Epic’s licensors, nor its or their affiliates, nor any of Black Delta's or Epic’s service providers be liable for any loss of profits or any indirect, incidental, consequential, special, punitive, or exemplary damages, or any other damages arising out of or in connection with this [Agreement] or the Epic Materials, or the delay or inability to use or lack of functionality of the Epic Materials, even in the event of Black Delta's, Epic’s, or Epic’s affiliates’ fault, tort (including negligence), strict liability, indemnity, product liability, breach of contract, breach of warranty, or otherwise and even if Black Delta, Epic or Epic’s affiliates have been advised of the possibility of such damages. These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate compensation.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Black Delta, Epic, Epic’s licensors, its and their affiliates, and any of Black Delta's or Epic’s service providers shall be limited to the full extent permitted by law.