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Eclipsed End User License Agreement
For the the protection of Eclipsed (my "Game"), I need an end user license terms to set the rules of downloading and using my Game. This is a legal license agreement between you and me and describes the terms and conditions for using the Game. I don't mind long lines for this but no one likes to read too much of things, so I will try to keep this as short and understandable as possible. If the rules are not followed we may stop you from using the Game. If I think it is necessary, I might even have to ask my lawyers to help out.
If you buy, download, use or play the Game, you are agreeing to follow the rules of the end user license agreement ("EULA") terms. If you do not or can not agree to these rules, then you must not buy, download, use or play our Game. By agreeing to this EULA you also agree to all of the terms of the foregoing documents, so please read through them carefully.
BINDING ARBITRATION AND CLASS ACTION WAIVER IF YOU LIVE IN THE UNITED STATES
For those that who live in the United States, please click here to review the binding arbitration agreement and class action waiver that is part of this EULA. Under the agreement, we both agree to use a neutral arbitrator to decide any individual claims that may arise and thus agree to waive our rights to bring individual claims in court for consideration by a judge or jury. We also agree that class action lawsuits and class-wide arbitrations are not allowed under the terms of the agreement.
The complete Arbitration Agreement is on this page. You and I agree to it; please read it.
ONE MAJOR RULE
The one major rule is that you must not distribute anything I've made unless we specifically agree to it. By "distribute anything I've made" what I mean is; give copies of our Game to anyone else; make commercial use of anything I've made; try to make money from anything I've made; or let other people get access to anything I've made in a way that is unfair or unreasonable;
unless we specifically agree to it. And so that we are crystal clear, "the Game" or "what I have made" includes, but is not limited to, Eclipsed and other games that are made by me. It also includes updates, patches, downloadable content, add-ons, or modified versions of a Game, part of those things, or anything else I've made.
Otherwise I am quite relaxed about this but just don't do those things that we say you can't.
USING OUR GAME
You have been granted a license to the Game so you can play and use it, yourself, on your devices.
Below I also give you limited rights to do other things but I have to draw a line somewhere or else people will go too far. If you wish to make something pertaining to anything I've made, I would love to see that, but please make sure that it can't be interpreted as being official and that it complies with this EULA and the brand and asset usage guidelines and above all do not make commercial use of anything I've made.
The license and permission we give you to use and play our Game can be revoked if you break any of the terms of this EULA.
When you buy my Game, you receive a license that gives you permission to install the Game on your own personal computer and use and play it on that computer as set out in this EULA. This permission is personal to you, so you are not allowed to distribute the Game (or any part of it) to anyone else. This also means you cannot sell or rent the Game, or make it available for access to other people and you cannot pass on or resell any license keys. This is important to help us stop piracy and fraud and to protect our Game. It is also important to prevent members of our community from buying pirated versions of our Game or fraudulent license keys such as in the case of fraud.
Within reason you're free to do whatever you want with screenshots and videos of the Game. By "within reason" we mean that you can't make any commercial use of them or do things that are unfair or adversely affect our rights unless we've specifically said it's okay in this EULA, allowed it through the Brand and Asset Usage Guidelines, or provided for it in a specific agreement with you. If you upload videos of the game to video sharing and streaming sites you are however allowed to put ads on them. Also, don't just rip art resources and pass them around, that's no fun.
Essentially the simple rule is do not make commercial use of anything we've made unless we've specifically said it's okay. Oh and if the law expressly allows it, such as under a "fair use" or "fair dealing" doctrine then that's ok too - but only to the extent that the law applicable to you says so.
In order to ensure the integrity of the Game, we need all Game downloads and updates to come from a single central source: steam. It's also important for us that 3rd party tools/services don't seem "official" as we can't guarantee their quality. It's part of the responsibility we have to the customers of Eclipsed. Make sure that you read through our brand and asset usage guidelines too.
OWNERSHIP OF OUR GAME AND OTHER THINGS
Although I license you permission to install on your computer and play our Game, I am still the owners of it. I am also the owner of our brands and any content contained in the Game. Therefore, when you pay for our Game, you are buying a license to play / use my Game in accordance with this EULA - you are not buying the Game itself. The only permissions you have in connection with the Game and your installation of it are the permissions set out in this EULA.
If you make any content available on or through our Game, you agree to give us permission to use, copy, modify, adapt, distribute, and publicly display that content. This permission is irrevocable, and you also agree to let us permit other people to use, copy, modify, adapt, distribute, and publicly display your content. You are not giving up your ownership rights in your content, you are just giving us and other users permission to use it. For example, we may need to copy, reformat, and distribute content that you post on our website so others can read it. If you don't want to give us these permissions, do not make content available on or through our Game. Please think carefully before you make any content available, because it may be made public and might even be used by other people in a way you don't like.
If you are going to make something available on or through our Game, it must not be offensive to people or illegal, it must be honest, and it must be your own creation. Some examples of the types of things you must not make available using our Game include: posts that include racist or homophobic language; posts that are bullying or trolling; posts that are offensive or that damage our or another person's reputation; posts that include porn or someone else's creation or image; or posts that impersonate a moderator or try to trick or exploit people.
Any content you make available on our Game must also be your creation or you must have permission or the legal right to do it. You must not and you agree that you will not make any content available, using the Game that infringes the rights of others.
I reserve the right to take down any content in my discretion.
UPDATES
I might make upgrades, updates or patches (I call them all "updates") available from time to time, but I don't have to. I am also not obliged to provide ongoing support or maintenance of any Game. Of course, I hope to continue to release new updates for our Game, I just can't guarantee that I will do so. With updates come changes that might not work well which will be fixed as soon as possible. If that is the case, try running an older version.
MY LIABILITY, GOVERNING LAW, AND PLACE TO RESOLVE DISPUTES
The terms of this EULA do not affect any legal (statutory) rights that you may have under the law that applies to you for the Game. You might have certain rights which the law that applies to you says cannot be excluded. Nothing I say in these terms will affect those legal rights, even if I say something which sounds like it contradicts your legal rights. That’s what I mean when I say “subject to applicable law”.
SUBJECT TO APPLICABLE LAW, When you get a copy of our Game, I provide it "'as is"'. Updates are also provided "'as is"'. This means that I am not making any promises to you about the standard or quality of my Game, or that my Game will be uninterrupted or error free. I am not responsible for any loss or damage that it may cause. You bear the entire risk as to its quality and performance. You have to accept that I may release games well before they are complete and so they may (and often will) have bugs -but I prefer to release these features early than make you wait for perfection. If you would like to notify us about a potential bug, I have a site for that here.
If you and I ever have a dispute in court (and we hope that won't happen just as much as you do), the exclusive forum (that is, the place it will be handled) will be a state or federal court in Montreal (if you live in Canada). (If you live in the United States, most disputes go to arbitration, not court.) The laws of your state or province govern this EULA and all disputes, including disputes relating to it, my Game, or my Website, regardless of conflict of laws principles, except that the Federal Arbitration Act governs everything related to arbitration.
THE POKE
Under any circumstances, occasions and events, I am able to poke you, the owner of the game, on the nose and make a "boop" sound. Reacting confused is allowed, especially when you do not read the End User License Agreement. You are allowed to do the same on a once per day limit. Doing more than the intended amount within 24 hours violates the End User License Agreement but yet will not cause for termination. Unless the act has been exaggeratedly, overly or repeatedly done multiple times.
TERMINATION
If I want I can terminate this EULA if you breach any of the terms. You can terminate it too, at any time; all you have to do is uninstall the Game from your computer and the EULA will be terminated. If the EULA is terminated, you will no longer have any of the rights to the Game given in this license. You do still have the right to things you have created yourself with the game of course. The Arbitration Agreement (if you live in the United States) and the paragraphs about "Ownership of Our Game", "Our Liability" and "General Stuff" will continue to apply even after the EULA is terminated.
GENERAL STUFF
Your local law may give you rights that this EULA cannot change; if so, this EULA applies as far as the law allows. Nothing in this license limits our liability for death or bodily injury resulting from our negligence or fraudulent misrepresentations.
I may change this EULA from time to time, if I have reason to, such as changes to my games, my practices, or my legal obligation. But those changes will be effective only to the extent that they can legally apply. For example if you use the Game only in single-player mode and don't use the updates we make available then the old EULA applies but if you do use the updates or use parts of the game that rely on our providing ongoing online services then the new EULA will apply. In that case I'll inform you of the change before it takes effect, either by posting a notice on our Website or by other reasonable means. I am not going to be unfair about this though - but sometimes the law changes or someone does something that affects other users of the Game and I therefore need to put a lid on it.
If you come to me with a suggestion for any one of my Websites or Games, that suggestion is made for free and we have no obligation to accept or consider it. This means I can use or not use your suggestion in any way I want and I don't have to pay you for it. If you think you have a suggestion that we would be willing to pay you for, please do not submit your suggestion unless you have first told mr you expect to be paid and I have responded in writing by asking you to submit the suggestion.
For the the protection of Eclipsed (my "Game"), I need an end user license terms to set the rules of downloading and using my Game. This is a legal license agreement between you and me and describes the terms and conditions for using the Game. I don't mind long lines for this but no one likes to read too much of things, so I will try to keep this as short and understandable as possible. If the rules are not followed we may stop you from using the Game. If I think it is necessary, I might even have to ask my lawyers to help out.
If you buy, download, use or play the Game, you are agreeing to follow the rules of the end user license agreement ("EULA") terms. If you do not or can not agree to these rules, then you must not buy, download, use or play our Game. By agreeing to this EULA you also agree to all of the terms of the foregoing documents, so please read through them carefully.
BINDING ARBITRATION AND CLASS ACTION WAIVER IF YOU LIVE IN THE UNITED STATES
For those that who live in the United States, please click here to review the binding arbitration agreement and class action waiver that is part of this EULA. Under the agreement, we both agree to use a neutral arbitrator to decide any individual claims that may arise and thus agree to waive our rights to bring individual claims in court for consideration by a judge or jury. We also agree that class action lawsuits and class-wide arbitrations are not allowed under the terms of the agreement.
The complete Arbitration Agreement is on this page. You and I agree to it; please read it.
ONE MAJOR RULE
The one major rule is that you must not distribute anything I've made unless we specifically agree to it. By "distribute anything I've made" what I mean is; give copies of our Game to anyone else; make commercial use of anything I've made; try to make money from anything I've made; or let other people get access to anything I've made in a way that is unfair or unreasonable;
unless we specifically agree to it. And so that we are crystal clear, "the Game" or "what I have made" includes, but is not limited to, Eclipsed and other games that are made by me. It also includes updates, patches, downloadable content, add-ons, or modified versions of a Game, part of those things, or anything else I've made.
Otherwise I am quite relaxed about this but just don't do those things that we say you can't.
USING OUR GAME
You have been granted a license to the Game so you can play and use it, yourself, on your devices.
Below I also give you limited rights to do other things but I have to draw a line somewhere or else people will go too far. If you wish to make something pertaining to anything I've made, I would love to see that, but please make sure that it can't be interpreted as being official and that it complies with this EULA and the brand and asset usage guidelines and above all do not make commercial use of anything I've made.
The license and permission we give you to use and play our Game can be revoked if you break any of the terms of this EULA.
When you buy my Game, you receive a license that gives you permission to install the Game on your own personal computer and use and play it on that computer as set out in this EULA. This permission is personal to you, so you are not allowed to distribute the Game (or any part of it) to anyone else. This also means you cannot sell or rent the Game, or make it available for access to other people and you cannot pass on or resell any license keys. This is important to help us stop piracy and fraud and to protect our Game. It is also important to prevent members of our community from buying pirated versions of our Game or fraudulent license keys such as in the case of fraud.
Within reason you're free to do whatever you want with screenshots and videos of the Game. By "within reason" we mean that you can't make any commercial use of them or do things that are unfair or adversely affect our rights unless we've specifically said it's okay in this EULA, allowed it through the Brand and Asset Usage Guidelines, or provided for it in a specific agreement with you. If you upload videos of the game to video sharing and streaming sites you are however allowed to put ads on them. Also, don't just rip art resources and pass them around, that's no fun.
Essentially the simple rule is do not make commercial use of anything we've made unless we've specifically said it's okay. Oh and if the law expressly allows it, such as under a "fair use" or "fair dealing" doctrine then that's ok too - but only to the extent that the law applicable to you says so.
In order to ensure the integrity of the Game, we need all Game downloads and updates to come from a single central source: steam. It's also important for us that 3rd party tools/services don't seem "official" as we can't guarantee their quality. It's part of the responsibility we have to the customers of Eclipsed. Make sure that you read through our brand and asset usage guidelines too.
OWNERSHIP OF OUR GAME AND OTHER THINGS
Although I license you permission to install on your computer and play our Game, I am still the owners of it. I am also the owner of our brands and any content contained in the Game. Therefore, when you pay for our Game, you are buying a license to play / use my Game in accordance with this EULA - you are not buying the Game itself. The only permissions you have in connection with the Game and your installation of it are the permissions set out in this EULA.
If you make any content available on or through our Game, you agree to give us permission to use, copy, modify, adapt, distribute, and publicly display that content. This permission is irrevocable, and you also agree to let us permit other people to use, copy, modify, adapt, distribute, and publicly display your content. You are not giving up your ownership rights in your content, you are just giving us and other users permission to use it. For example, we may need to copy, reformat, and distribute content that you post on our website so others can read it. If you don't want to give us these permissions, do not make content available on or through our Game. Please think carefully before you make any content available, because it may be made public and might even be used by other people in a way you don't like.
If you are going to make something available on or through our Game, it must not be offensive to people or illegal, it must be honest, and it must be your own creation. Some examples of the types of things you must not make available using our Game include: posts that include racist or homophobic language; posts that are bullying or trolling; posts that are offensive or that damage our or another person's reputation; posts that include porn or someone else's creation or image; or posts that impersonate a moderator or try to trick or exploit people.
Any content you make available on our Game must also be your creation or you must have permission or the legal right to do it. You must not and you agree that you will not make any content available, using the Game that infringes the rights of others.
I reserve the right to take down any content in my discretion.
UPDATES
I might make upgrades, updates or patches (I call them all "updates") available from time to time, but I don't have to. I am also not obliged to provide ongoing support or maintenance of any Game. Of course, I hope to continue to release new updates for our Game, I just can't guarantee that I will do so. With updates come changes that might not work well which will be fixed as soon as possible. If that is the case, try running an older version.
MY LIABILITY, GOVERNING LAW, AND PLACE TO RESOLVE DISPUTES
The terms of this EULA do not affect any legal (statutory) rights that you may have under the law that applies to you for the Game. You might have certain rights which the law that applies to you says cannot be excluded. Nothing I say in these terms will affect those legal rights, even if I say something which sounds like it contradicts your legal rights. That’s what I mean when I say “subject to applicable law”.
SUBJECT TO APPLICABLE LAW, When you get a copy of our Game, I provide it "'as is"'. Updates are also provided "'as is"'. This means that I am not making any promises to you about the standard or quality of my Game, or that my Game will be uninterrupted or error free. I am not responsible for any loss or damage that it may cause. You bear the entire risk as to its quality and performance. You have to accept that I may release games well before they are complete and so they may (and often will) have bugs -but I prefer to release these features early than make you wait for perfection. If you would like to notify us about a potential bug, I have a site for that here.
If you and I ever have a dispute in court (and we hope that won't happen just as much as you do), the exclusive forum (that is, the place it will be handled) will be a state or federal court in Montreal (if you live in Canada). (If you live in the United States, most disputes go to arbitration, not court.) The laws of your state or province govern this EULA and all disputes, including disputes relating to it, my Game, or my Website, regardless of conflict of laws principles, except that the Federal Arbitration Act governs everything related to arbitration.
THE POKE
Under any circumstances, occasions and events, I am able to poke you, the owner of the game, on the nose and make a "boop" sound. Reacting confused is allowed, especially when you do not read the End User License Agreement. You are allowed to do the same on a once per day limit. Doing more than the intended amount within 24 hours violates the End User License Agreement but yet will not cause for termination. Unless the act has been exaggeratedly, overly or repeatedly done multiple times.
TERMINATION
If I want I can terminate this EULA if you breach any of the terms. You can terminate it too, at any time; all you have to do is uninstall the Game from your computer and the EULA will be terminated. If the EULA is terminated, you will no longer have any of the rights to the Game given in this license. You do still have the right to things you have created yourself with the game of course. The Arbitration Agreement (if you live in the United States) and the paragraphs about "Ownership of Our Game", "Our Liability" and "General Stuff" will continue to apply even after the EULA is terminated.
GENERAL STUFF
Your local law may give you rights that this EULA cannot change; if so, this EULA applies as far as the law allows. Nothing in this license limits our liability for death or bodily injury resulting from our negligence or fraudulent misrepresentations.
I may change this EULA from time to time, if I have reason to, such as changes to my games, my practices, or my legal obligation. But those changes will be effective only to the extent that they can legally apply. For example if you use the Game only in single-player mode and don't use the updates we make available then the old EULA applies but if you do use the updates or use parts of the game that rely on our providing ongoing online services then the new EULA will apply. In that case I'll inform you of the change before it takes effect, either by posting a notice on our Website or by other reasonable means. I am not going to be unfair about this though - but sometimes the law changes or someone does something that affects other users of the Game and I therefore need to put a lid on it.
If you come to me with a suggestion for any one of my Websites or Games, that suggestion is made for free and we have no obligation to accept or consider it. This means I can use or not use your suggestion in any way I want and I don't have to pay you for it. If you think you have a suggestion that we would be willing to pay you for, please do not submit your suggestion unless you have first told mr you expect to be paid and I have responded in writing by asking you to submit the suggestion.