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END USER LICENSE AGREEMENT
Last updated 2020-05-13
BY DOWNLOADING, INSTALLING, OR OTHERWISE USING THIS GAME, YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS:
This end user license agreement (“EULA”) is a legal agreement between you (hereinafter referred to as “you” or “End User”) and Fatshark AB (hereinafter referred to as “us” or “Fatshark”) for the software product which this EULA is accompanying, all related software (such as editors and Modding Tools) and all in-game content, any updates or additional content (such as patches, downloadable content (“DLC”) and expansions), manuals, and other materials in any media related to the software (all jointly, the “Game”). If you do not agree to the terms of this EULA, do not install or use the Game, instead contact your retailer regarding its return policy.
This Game is licensed, not sold, to you for use only under the terms and conditions of this EULA. All rights not expressly granted herein are reserved by Fatshark.
You agree that your use of the Game acknowledges that you have read this EULA, understand it, and agree to be bound by its terms and conditions, including the provisions in Sections 5 and 6 on collection of information, and that you represent and warrant that you are an adult and are either accepting this EULA on behalf of yourself or on behalf of your child or ward, as the case may be. If you have not attained the age of majority, you must obtain the necessary permission in the form required by law from your parents or other legal representatives.
Use of this Game may require you to download and use a separate third party platform (such as Steam) under the terms and conditions applicable by the third party platform holder. Such terms and conditions may or may not restrict any of the rights granted to you in relation to the Game under this EULA.
1. Grant of License.
THIS GAME IS LICENSED TO YOU, NOT SOLD. Ownership to the Game and all intellectual property rights in and to it remains at all times the property of Fatshark and, as applicable, its licensors.
Subject to your compliance with the terms and conditions of the EULA, Fatshark hereby grants you a non-exclusive, non-transferable, limited, fully revocable right and license to install, access and use (and to let members of your family or household to use) the Game on your personal computer or any other game play device on which the Game is used (“Unit”), strictly for non-commercial purposes only. You may install the Game on different Units, but may only run the Game on one Unit at a time.
2. Permitted use
In addition to installing and playing the Game on your Unit, you may also, under the terms of this EULA:
3. Prohibited use
Unless otherwise provided in this EULA, you shall not:
4. User Generated Content
Some of Fatshark’s Games allows you to create and make available your User Generated Content.
In relation to any User Generated Content, the following copyright notice must be displayed prominently:
“Warhammer: Vermintide 2 © Games Workshop Limited 2018. Warhammer: Vermintide 2, Games Workshop and their associated logos are either ® or TM and/or © Games Workshop Limited. Published under licence to Fatshark. © Fatshark AB 2018”
Soundtracks may only be made publicly available in the context of a Let’s Play Video or game stream. If soundtracks from the Game are used, the artist and/or composer of each soundtrack must be credited as well.
You hereby grant Fatshark and its affiliates and licensors a worldwide, nonexclusive, unconditional, irrevocable, royalty-free, sublicensable, perpetual license and right to use, reproduce, modify, create derivative works from, distribute, transmit, broadcast, and otherwise communicate, publicly display and publicly perform your UGC, and derivative works of your UGC. Fatshark is under no obligation to use, distribute or continue to distribute UGC, and you understand that Fatshark may restrict, or remove, your UGC for any reason.
You represent and warrant that the UGC, and your grant of rights in such UGC:
You may not sell, rent, lease, license, distribute or exploit the UGC for commercial gain or otherwise.
You acknowledge and agree that all right, title and interest in any elements of any UGC which represent, comprise, derive or are based upon any intellectual property rights which subsist in the Game, including without limitation copyrights, trademarks and other intellectual properties therein and/or related thereto, whether or not registered or registrable, are owned by or for the benefit of, Fatshark and its licensors.
Fatshark specifically disclaims any liability with regard to User Generated Content.
The extent of this permission is subject to change from time to time and may be withdrawn at Fatshark’s sole discretion.
Anyone who believes that their original work has been reproduced as UGC through one of our Games in a way that constitutes copyright infringement may notify us by using the contact form at www.fatsharkgames.com/contact.
5. Collection of Information
Fatshark may collect information from you when you use the Game. Such information includes your SteamID, computer configuration, gameplay behavior and progress, browser type, platform type and software usage. This information is gathered periodically to facilitate the provision of software updates, product support and other services related to the Game.
Fatshark may use any collected information to improve its products, administer the Game, analyze trends, or to provide services to you. In addition, Fatshark may use this information for the purpose of research, development, administration, support and marketing of Fatshark products and services.
This EULA incorporates by reference Fatshark's Privacy Policy ( https://www.fatshark.se/privacy-policy ); by installing the game and accepting this EULA, you hereby accept the terms of the Privacy Policy.
6. Anti-cheat
Fatshark is using EasyAntiCheat anti-cheat service (“EasyAntiCheat”), which is operated by a third-party service provider offering services to Fatshark. EasyAntiCheat has a client software (“Client”) that is integrated into the Game. When you start a new Game session the Client will automatically load and install its latest version to the Unit. When you are using the Game on your Unit EasyAntiCheat is monitoring the Unit, analyzing the Game binaries and scanning the memory of the Unit for the purpose of detecting and preventing cheating in the Game (“Purpose”). For this Purpose EasyAntiCheat is storing information regarding cheating methods used in the Game (“Data”). By installing, copying, or otherwise using the Game, you give your consent that EasyAntiCheat may gather, store, share and publish Data for the sole purpose of the Purpose. The Data will be used solely for the Purpose including but not limited to identifying and banning players who are cheating in computer games, analyzing cheating behavior and cheating codes as well as sharing data about cheats with affiliates of EasyAntiCheat. You are entitled to use the Game only in accordance with these terms and conditions and privacy statement of EasyAntiCheat.
You will find more information about the privacy practices of EasyAntiCheat on the privacy statement of EasyAntiCheat at www.easyanticheat.net/privacy. If you deny EasyAntiCheat to process your personal data in accordance with the said privacy statement or request EasyAntiCheat to remove or delete your personal data, Fatshark, EasyAntiCheat or a third party (appointed by Fatshark or EasyAntiCheat) has a right to block your access to the Game and prevent your use of the Game.
7. Support Services
From time to time, at Fatshark’s sole discretion, Fatshark may provide you with technical support and community management services related to the Game (“Support Services”). Fatshark reserves the right to alter, suspend, and terminate the Support Services at any time and for any reason. You can contact Fatshark for Support Services by using the contact form at www.fatsharkgames.com/contact or visiting www.fatsharkgames.com/support.
8. Patches, Updates and Changes
You acknowledge and accept that from time to time, Fatshark may patch or update the Game for any purpose, including but not limited to resolving software bugs or other issues, rebalancing the Game or adding and/or removing features in the Game.
9. Termination
This License is effective until terminated.
You may terminate it at any time by destroying the Game with all copies, full or partial, and removing all of its component parts.
Without prejudice to any other rights, Fatshark may terminate this EULA if you fail to comply with the terms and conditions of this EULA. You shall then cease all use of the Game and destroy all copies, modifications, printed or written materials, and merged portions in any form and remove all component parts of the Game which have been downloaded to your Unit.
Fatshark reserves the right to terminate this Agreement at any time for any reason, or for no reason, with or without notice to you. For purposes of explanation and not limitation, most Game suspensions and terminations are the result of violations of this Agreement. In case of minor violations of these rules, Fatshark may provide you with a prior warning and/or suspend your use of the Game due to your non-compliance prior to terminating the Agreement.
In the event of a termination of this Agreement, any right you may have had to any pre-purchased Game access or virtual goods, such as DLC or in-Game purchases etc., are forfeit, and you agree and acknowledge that you are not entitled to any refund for any amounts which were pre-paid prior to any termination of this Agreement. In addition, you will not be able to use the Game.
The provisions of Sections 3, 9, 10, 11, 12 and Schedule 1 shall survive any termination of this EULA.
10. Limited Warranty
This limited warranty is in addition to, and does not affect, those of your statutory rights which cannot be excluded or limited in any way under applicable law.
Fatshark warrants that the Game will provide the features and functions generally described in the product specification at the time of your purchase and in the product documentation.
FATSHARK DOES NOT WARRANT THAT THE GAME OR YOUR ABILITY TO USE IT WILL BE UNINTERRUPTED OR ERROR-FREE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
11. Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall Fatshark, its affiliates, licensees or licensors be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the Game or defect in or caused by the Game, including but not limited to compromising the security of your unit on which the Game is run, operating system or files, or the provision of or failure to provide Support Services, even if Fatshark has been advised of the possibility of such damages.
Nothing in this EULA limits our liability to you in the event of death or personal injury resulting from gross negligence, fraud, or knowing misrepresentation on our part.
12. Governing Law
You agree that this EULA shall be deemed to have been made and executed in Sweden and any dispute arising under this EULA shall be resolved in accordance with the laws of Sweden, excluding the law of conflicts and the Convention on Contracts for the International Sale of Goods.
13. Dispute Resolution
Most concerns regarding this EULA or the Game (“Disputes”) can be resolved by contacting Fatshark at www.fatsharkgames.com/support. Therefore, you agree to first attempt to negotiate any Dispute informally with Fatshark for at least thirty (30) days before initiating any court proceeding. Should the Dispute not be resolved by informal negotiations, you agree, to the extent permitted by applicable law, to the exclusive personal and subject matter jurisdiction of the courts located in Stockholm, Sweden, for making and resolving any such claims, and hereby waive any right to participate in any type of law suit brought and/or maintained as a class action or similar in nature to a class action.
14. Update of these terms
We may amend this EULA from time to time by posting a notice on our website www.fatsharkgames.com. Your continued use of the Game after changes are posted means you agree to be legally bound by the EULA as updated and amended.
15. Severability
If for any reason a court of competent jurisdiction finds any provision, or portion thereof, of this EULA to be unenforceable, the remainder of this EULA shall continue in full force and effect.
16. Miscellaneous
This EULA represents the complete agreement between you and Fatshark concerning the Game and supersedes all prior agreements and representations, warranties or understandings between us (whether negligently or innocently made but excluding those made fraudulently), regarding the same subject matter.
The Schedules to this EULA is incorporated into and form an integral part of this EULA.
Fatshark may assign this EULA, in whole or in part, at any time. You may not assign, transfer or sublicense any or all of your rights or obligations under this EULA without Fatshark’s express prior written consent.
Nothing in this EULA gives or claims to give to any third party any benefit or right to enforce any term of this EULA.
17. Contact us
If you have a question regarding this EULA, or want to give us feedback about it, please contact us at www.fatsharkgames.com/support.
THIS EULA IS APPLICABLE ONLY TO THE EXTENT AUTHORIZED BY LAW, ESPECIALLY CONSUMER PROTECTION LAWS.
Fatshark AB
Rosenlundsgatan 29C
118 63 Stockholm
SWEDEN
www.fatsharkgames.com
SCHEDULE 1 - MODDING TERMS
Fatshark encourages its users to express their creativity and enhance the experience of the Game through the creation of modifications for use with the Game (“Mod” or “Mods”). In order to protect Fatshark, the Game, any third party licensors that have licensed intellectual property to Fatshark for use in the Game, and users that create Mods, this Schedule and its terms apply (“Modding Terms”). Please review these rules carefully before you create, share, distribute, use or otherwise exploit any Mods.
Please note that laws in your respective jurisdiction may require that you are of a certain age in order to enter into legally binding arrangements such as the terms of this Modding Terms. In the event that you are under the required age, you may not create any Mods, unless your parent or legal guardian has reviewed and agreed to these terms.
The licence we provide to you to create and use Mods with the Game may be revoked if you breach the Modding Terms.
1. Ownership
You acknowledge that you shall have no ownership or other proprietary interest in the Game and/or any Mods which you create, except as expressly stated herein. Any Mod that you create shall belong to you only insofar as the Mod contains your original creative work. You acknowledge and agree that all right, title and interest in any elements of the Mod which represent, comprise, derive or are based upon any intellectual property rights which subsist in the Game (including but not limited to any computer code, themes, objects, characters, character names, stories, dialogs, catch phrases, locations, concepts, artwork, images, animation, sounds, musical compositions, audio-visual effects or text), including without limitation copyrights, trademarks and other intellectual properties therein and/or related thereto, whether or not registered or registrable, are owned by or for the benefit of, Fatshark and its licensors.
2. Licence
Subject to your compliance with the terms and conditions of the EULA and the Modding Terms, Fatshark hereby grants you a non-exclusive, non-transferable, limited, fully revocable right and licence to install, access and use the in-game modding tools and any other related tools provided by Fatshark (“Modding Tools”) solely and exclusively to create Mods for use with the Game and to publish those Mods to the Warhammer: Vermintide 2 Steam Workshop Modding page (“Modding Page”) available at http://store.steampowered.com/app/552500/workshop, or as updated from time to time, which is owned and operated by Valve Corporation (“Valve”). Please visit Valve’s website for more details: http://store.steampowered.com/. Please note that Valve is a third party platform and this link is provided for your information only. You acknowledge and agree that your use of the Steam platform and the Modding Page is at your own discretion and risk and that you will be solely responsible for any obligations, damages or losses which arise from your registration, access and use of this service.
You agree to use the Modding Tools to create Mods in a manner that is consistent with this EULA, including an agreement that you shall not sell, rent, lease, licence, distribute or otherwise transfer or exploit the Modding Tools and/or Mods or any copies thereof, for commercial gain or otherwise, except as permitted by this EULA, which means that you may only publish the Mod to the Modding Page. A breach of the provisions of this licence shall constitute a material breach which has the effect of terminating the EULA (including the Modding Terms) and which may subject you to civil and criminal liability.
In consideration of the above grant of rights, you hereby grant Fatshark, its affiliates and its licensors all the necessary consents, clearances and an irrevocable, sub-licensable, worldwide, royalty-free, perpetual licence and right to use, reproduce, modify, adapt, display, distribute or otherwise exploit any Mod which is uploaded to the Modding Page in any way Fatshark or its licensors see fit for use with the Game and any other products published by Fatshark. You waive and agree never to assert against Fatshark or its affiliates, distributors or licensors any moral rights or similar rights, however designated, that you may have in or to any Mods.
3. Content Restrictions
Any element which you include in your Mod must be your own original work created by you or you must have obtained the necessary permissions to use such materials. You are responsible for the content of any Mods which you create and publish on the Modding Page and shall warrant and represent to Fatshark that your Mods do not contain:
Fatshark does not pre-vet or monitor any Mods which are uploaded to the Modding Page and does not monitor, endorse or approve any Mods. You are solely responsible for your Mod and may be held liable for any Mod which you create and upload to the Modding Page. Fatshark reserves the right, in its sole and final discretion, to request that Valve remove any Mods from the Modding Page which violate the content restrictions above. To the maximum extent permitted by applicable law, Fatshark does not assume any responsibility or liability for the Mods or for removal of Mods or any failure to or delay in removing such Mods.
4. Indemnification
You agree to indemnify, defend and hold Fatshark and its parent companies, affiliates, licensees, contractors, officers, directors, employees and agents harmless from any damages, losses, cost and expenses (including attorneys’ fees) arising directly or indirectly from any acts and omissions associated with the use of any Mod which you create and publish, including but not limited to any allegation that the Mod violates the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party, or any other violation by you of the terms of the Modding Terms.
5. Our Liability
WE PROVIDE THE GAME, THE MODDING TOOLS AND ANY MODS ON AN “AS IS” BASIS AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. YOU ACKNOWLEDGE AND AGREE THAT YOUR EXCLUSIVE REMEDY FOR ANY DISPUTE WITH FATSHARK IS TO STOP USING THE GAME (INCLUDING BUT NOT LIMITED TO THE MODDING TOOLS AND/OR ANY MODS). IN NO EVENT SHALL FATSHARK AND ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE GAME, THE MODDING TOOLS AND ANY MODS. 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 FATSHARK AND ITS LICENSORS SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
6. Termination
We reserve the right to suspend access to, or terminate the licence for, any Mods, Modding Tools and the Modding Page at any time for any reason. If you commit any breach of the Modding Terms or the EULA, the licence to use the Game, the Modding Tools and/or any Mods shall automatically terminate, without notice. Your grant of the licence to Fatshark to use any Mods which you create and publish to the Modding Page shall survive termination.
Because Fatshark would be irreparably damaged if the terms of this EULA were not specifically enforced, you agree that Fatshark shall be entitled to take such action as may be required, including seeking an injunction and other equitable remedies, in addition to any other remedies available to it under the applicable law.
Last updated 2020-05-13
BY DOWNLOADING, INSTALLING, OR OTHERWISE USING THIS GAME, YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS:
This end user license agreement (“EULA”) is a legal agreement between you (hereinafter referred to as “you” or “End User”) and Fatshark AB (hereinafter referred to as “us” or “Fatshark”) for the software product which this EULA is accompanying, all related software (such as editors and Modding Tools) and all in-game content, any updates or additional content (such as patches, downloadable content (“DLC”) and expansions), manuals, and other materials in any media related to the software (all jointly, the “Game”). If you do not agree to the terms of this EULA, do not install or use the Game, instead contact your retailer regarding its return policy.
This Game is licensed, not sold, to you for use only under the terms and conditions of this EULA. All rights not expressly granted herein are reserved by Fatshark.
You agree that your use of the Game acknowledges that you have read this EULA, understand it, and agree to be bound by its terms and conditions, including the provisions in Sections 5 and 6 on collection of information, and that you represent and warrant that you are an adult and are either accepting this EULA on behalf of yourself or on behalf of your child or ward, as the case may be. If you have not attained the age of majority, you must obtain the necessary permission in the form required by law from your parents or other legal representatives.
Use of this Game may require you to download and use a separate third party platform (such as Steam) under the terms and conditions applicable by the third party platform holder. Such terms and conditions may or may not restrict any of the rights granted to you in relation to the Game under this EULA.
1. Grant of License.
THIS GAME IS LICENSED TO YOU, NOT SOLD. Ownership to the Game and all intellectual property rights in and to it remains at all times the property of Fatshark and, as applicable, its licensors.
Subject to your compliance with the terms and conditions of the EULA, Fatshark hereby grants you a non-exclusive, non-transferable, limited, fully revocable right and license to install, access and use (and to let members of your family or household to use) the Game on your personal computer or any other game play device on which the Game is used (“Unit”), strictly for non-commercial purposes only. You may install the Game on different Units, but may only run the Game on one Unit at a time.
2. Permitted use
In addition to installing and playing the Game on your Unit, you may also, under the terms of this EULA:
- Subject to Section 4 below, create and make publicly available Let’s Play Videos, game streams and other synchronized audio, visual or audiovisual content reproduced from the Game containing the images and sounds of the Game (“User Generated Content” or “UGC”) through social media channels such as Twitch.tv, Youtube.com and Mixer.com whether monetized or not;
- Subject to Schedule 1 hereto, make Mods; and
- Make copies of the Game as may be necessary for backup and archival purposes.
3. Prohibited use
Unless otherwise provided in this EULA, you shall not:
- Remove or alter any copyright or trade mark notices on any and all copies of the Game;
- Copy, rent, lend, lease, sublicense or distribute the Game other than as may be permitted according to applicable law;
- Remove, disable or circumvent any security protections such as digital rights management, proprietary notices or labels contained on or within the Game;
- Modify, adapt, translate, reverse engineer, derive source code from, disassemble, decompile or create derivative works of the Game, other than may be permitted according to applicable law;
- Use, develop, distribute or sell cheats, automation software (bots), hacks or any other unauthorized third-party software designed to modify the Game;
- Exploit the Game or any of its parts for any commercial purpose, including without limitation: (a) use at a cyber café, computer gaming center or any other location-based site and/or (b) performing in-game services in exchange for payment outside the Game, e.g., power-leveling; or
- Otherwise use the Game in a way which is not in compliance with all applicable laws or this EULA, or participating in such use or activities together with others (whether controlled or instigated by you or a third party).
4. User Generated Content
Some of Fatshark’s Games allows you to create and make available your User Generated Content.
In relation to any User Generated Content, the following copyright notice must be displayed prominently:
“Warhammer: Vermintide 2 © Games Workshop Limited 2018. Warhammer: Vermintide 2, Games Workshop and their associated logos are either ® or TM and/or © Games Workshop Limited. Published under licence to Fatshark. © Fatshark AB 2018”
Soundtracks may only be made publicly available in the context of a Let’s Play Video or game stream. If soundtracks from the Game are used, the artist and/or composer of each soundtrack must be credited as well.
You hereby grant Fatshark and its affiliates and licensors a worldwide, nonexclusive, unconditional, irrevocable, royalty-free, sublicensable, perpetual license and right to use, reproduce, modify, create derivative works from, distribute, transmit, broadcast, and otherwise communicate, publicly display and publicly perform your UGC, and derivative works of your UGC. Fatshark is under no obligation to use, distribute or continue to distribute UGC, and you understand that Fatshark may restrict, or remove, your UGC for any reason.
You represent and warrant that the UGC, and your grant of rights in such UGC:
- does not violate any applicable contract, law or regulation;
- does not contain any materials which are discriminatory, racist, obscene, libelous, offensive, illegal, defamatory, inappropriate, invasive, or likely to adversely affect the reputation or goodwill of Fatshark and/or its licensors; and
- is your original work and does not infringe any third party’s intellectual property rights or any other rights.
You may not sell, rent, lease, license, distribute or exploit the UGC for commercial gain or otherwise.
You acknowledge and agree that all right, title and interest in any elements of any UGC which represent, comprise, derive or are based upon any intellectual property rights which subsist in the Game, including without limitation copyrights, trademarks and other intellectual properties therein and/or related thereto, whether or not registered or registrable, are owned by or for the benefit of, Fatshark and its licensors.
Fatshark specifically disclaims any liability with regard to User Generated Content.
The extent of this permission is subject to change from time to time and may be withdrawn at Fatshark’s sole discretion.
Anyone who believes that their original work has been reproduced as UGC through one of our Games in a way that constitutes copyright infringement may notify us by using the contact form at www.fatsharkgames.com/contact.
5. Collection of Information
Fatshark may collect information from you when you use the Game. Such information includes your SteamID, computer configuration, gameplay behavior and progress, browser type, platform type and software usage. This information is gathered periodically to facilitate the provision of software updates, product support and other services related to the Game.
Fatshark may use any collected information to improve its products, administer the Game, analyze trends, or to provide services to you. In addition, Fatshark may use this information for the purpose of research, development, administration, support and marketing of Fatshark products and services.
This EULA incorporates by reference Fatshark's Privacy Policy ( https://www.fatshark.se/privacy-policy ); by installing the game and accepting this EULA, you hereby accept the terms of the Privacy Policy.
6. Anti-cheat
Fatshark is using EasyAntiCheat anti-cheat service (“EasyAntiCheat”), which is operated by a third-party service provider offering services to Fatshark. EasyAntiCheat has a client software (“Client”) that is integrated into the Game. When you start a new Game session the Client will automatically load and install its latest version to the Unit. When you are using the Game on your Unit EasyAntiCheat is monitoring the Unit, analyzing the Game binaries and scanning the memory of the Unit for the purpose of detecting and preventing cheating in the Game (“Purpose”). For this Purpose EasyAntiCheat is storing information regarding cheating methods used in the Game (“Data”). By installing, copying, or otherwise using the Game, you give your consent that EasyAntiCheat may gather, store, share and publish Data for the sole purpose of the Purpose. The Data will be used solely for the Purpose including but not limited to identifying and banning players who are cheating in computer games, analyzing cheating behavior and cheating codes as well as sharing data about cheats with affiliates of EasyAntiCheat. You are entitled to use the Game only in accordance with these terms and conditions and privacy statement of EasyAntiCheat.
You will find more information about the privacy practices of EasyAntiCheat on the privacy statement of EasyAntiCheat at www.easyanticheat.net/privacy. If you deny EasyAntiCheat to process your personal data in accordance with the said privacy statement or request EasyAntiCheat to remove or delete your personal data, Fatshark, EasyAntiCheat or a third party (appointed by Fatshark or EasyAntiCheat) has a right to block your access to the Game and prevent your use of the Game.
7. Support Services
From time to time, at Fatshark’s sole discretion, Fatshark may provide you with technical support and community management services related to the Game (“Support Services”). Fatshark reserves the right to alter, suspend, and terminate the Support Services at any time and for any reason. You can contact Fatshark for Support Services by using the contact form at www.fatsharkgames.com/contact or visiting www.fatsharkgames.com/support.
8. Patches, Updates and Changes
You acknowledge and accept that from time to time, Fatshark may patch or update the Game for any purpose, including but not limited to resolving software bugs or other issues, rebalancing the Game or adding and/or removing features in the Game.
9. Termination
This License is effective until terminated.
You may terminate it at any time by destroying the Game with all copies, full or partial, and removing all of its component parts.
Without prejudice to any other rights, Fatshark may terminate this EULA if you fail to comply with the terms and conditions of this EULA. You shall then cease all use of the Game and destroy all copies, modifications, printed or written materials, and merged portions in any form and remove all component parts of the Game which have been downloaded to your Unit.
Fatshark reserves the right to terminate this Agreement at any time for any reason, or for no reason, with or without notice to you. For purposes of explanation and not limitation, most Game suspensions and terminations are the result of violations of this Agreement. In case of minor violations of these rules, Fatshark may provide you with a prior warning and/or suspend your use of the Game due to your non-compliance prior to terminating the Agreement.
In the event of a termination of this Agreement, any right you may have had to any pre-purchased Game access or virtual goods, such as DLC or in-Game purchases etc., are forfeit, and you agree and acknowledge that you are not entitled to any refund for any amounts which were pre-paid prior to any termination of this Agreement. In addition, you will not be able to use the Game.
The provisions of Sections 3, 9, 10, 11, 12 and Schedule 1 shall survive any termination of this EULA.
10. Limited Warranty
This limited warranty is in addition to, and does not affect, those of your statutory rights which cannot be excluded or limited in any way under applicable law.
Fatshark warrants that the Game will provide the features and functions generally described in the product specification at the time of your purchase and in the product documentation.
FATSHARK DOES NOT WARRANT THAT THE GAME OR YOUR ABILITY TO USE IT WILL BE UNINTERRUPTED OR ERROR-FREE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
11. Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall Fatshark, its affiliates, licensees or licensors be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the Game or defect in or caused by the Game, including but not limited to compromising the security of your unit on which the Game is run, operating system or files, or the provision of or failure to provide Support Services, even if Fatshark has been advised of the possibility of such damages.
Nothing in this EULA limits our liability to you in the event of death or personal injury resulting from gross negligence, fraud, or knowing misrepresentation on our part.
12. Governing Law
You agree that this EULA shall be deemed to have been made and executed in Sweden and any dispute arising under this EULA shall be resolved in accordance with the laws of Sweden, excluding the law of conflicts and the Convention on Contracts for the International Sale of Goods.
13. Dispute Resolution
Most concerns regarding this EULA or the Game (“Disputes”) can be resolved by contacting Fatshark at www.fatsharkgames.com/support. Therefore, you agree to first attempt to negotiate any Dispute informally with Fatshark for at least thirty (30) days before initiating any court proceeding. Should the Dispute not be resolved by informal negotiations, you agree, to the extent permitted by applicable law, to the exclusive personal and subject matter jurisdiction of the courts located in Stockholm, Sweden, for making and resolving any such claims, and hereby waive any right to participate in any type of law suit brought and/or maintained as a class action or similar in nature to a class action.
14. Update of these terms
We may amend this EULA from time to time by posting a notice on our website www.fatsharkgames.com. Your continued use of the Game after changes are posted means you agree to be legally bound by the EULA as updated and amended.
15. Severability
If for any reason a court of competent jurisdiction finds any provision, or portion thereof, of this EULA to be unenforceable, the remainder of this EULA shall continue in full force and effect.
16. Miscellaneous
This EULA represents the complete agreement between you and Fatshark concerning the Game and supersedes all prior agreements and representations, warranties or understandings between us (whether negligently or innocently made but excluding those made fraudulently), regarding the same subject matter.
The Schedules to this EULA is incorporated into and form an integral part of this EULA.
Fatshark may assign this EULA, in whole or in part, at any time. You may not assign, transfer or sublicense any or all of your rights or obligations under this EULA without Fatshark’s express prior written consent.
Nothing in this EULA gives or claims to give to any third party any benefit or right to enforce any term of this EULA.
17. Contact us
If you have a question regarding this EULA, or want to give us feedback about it, please contact us at www.fatsharkgames.com/support.
THIS EULA IS APPLICABLE ONLY TO THE EXTENT AUTHORIZED BY LAW, ESPECIALLY CONSUMER PROTECTION LAWS.
Fatshark AB
Rosenlundsgatan 29C
118 63 Stockholm
SWEDEN
www.fatsharkgames.com
SCHEDULE 1 - MODDING TERMS
Fatshark encourages its users to express their creativity and enhance the experience of the Game through the creation of modifications for use with the Game (“Mod” or “Mods”). In order to protect Fatshark, the Game, any third party licensors that have licensed intellectual property to Fatshark for use in the Game, and users that create Mods, this Schedule and its terms apply (“Modding Terms”). Please review these rules carefully before you create, share, distribute, use or otherwise exploit any Mods.
Please note that laws in your respective jurisdiction may require that you are of a certain age in order to enter into legally binding arrangements such as the terms of this Modding Terms. In the event that you are under the required age, you may not create any Mods, unless your parent or legal guardian has reviewed and agreed to these terms.
The licence we provide to you to create and use Mods with the Game may be revoked if you breach the Modding Terms.
1. Ownership
You acknowledge that you shall have no ownership or other proprietary interest in the Game and/or any Mods which you create, except as expressly stated herein. Any Mod that you create shall belong to you only insofar as the Mod contains your original creative work. You acknowledge and agree that all right, title and interest in any elements of the Mod which represent, comprise, derive or are based upon any intellectual property rights which subsist in the Game (including but not limited to any computer code, themes, objects, characters, character names, stories, dialogs, catch phrases, locations, concepts, artwork, images, animation, sounds, musical compositions, audio-visual effects or text), including without limitation copyrights, trademarks and other intellectual properties therein and/or related thereto, whether or not registered or registrable, are owned by or for the benefit of, Fatshark and its licensors.
2. Licence
Subject to your compliance with the terms and conditions of the EULA and the Modding Terms, Fatshark hereby grants you a non-exclusive, non-transferable, limited, fully revocable right and licence to install, access and use the in-game modding tools and any other related tools provided by Fatshark (“Modding Tools”) solely and exclusively to create Mods for use with the Game and to publish those Mods to the Warhammer: Vermintide 2 Steam Workshop Modding page (“Modding Page”) available at http://store.steampowered.com/app/552500/workshop, or as updated from time to time, which is owned and operated by Valve Corporation (“Valve”). Please visit Valve’s website for more details: http://store.steampowered.com/. Please note that Valve is a third party platform and this link is provided for your information only. You acknowledge and agree that your use of the Steam platform and the Modding Page is at your own discretion and risk and that you will be solely responsible for any obligations, damages or losses which arise from your registration, access and use of this service.
You agree to use the Modding Tools to create Mods in a manner that is consistent with this EULA, including an agreement that you shall not sell, rent, lease, licence, distribute or otherwise transfer or exploit the Modding Tools and/or Mods or any copies thereof, for commercial gain or otherwise, except as permitted by this EULA, which means that you may only publish the Mod to the Modding Page. A breach of the provisions of this licence shall constitute a material breach which has the effect of terminating the EULA (including the Modding Terms) and which may subject you to civil and criminal liability.
In consideration of the above grant of rights, you hereby grant Fatshark, its affiliates and its licensors all the necessary consents, clearances and an irrevocable, sub-licensable, worldwide, royalty-free, perpetual licence and right to use, reproduce, modify, adapt, display, distribute or otherwise exploit any Mod which is uploaded to the Modding Page in any way Fatshark or its licensors see fit for use with the Game and any other products published by Fatshark. You waive and agree never to assert against Fatshark or its affiliates, distributors or licensors any moral rights or similar rights, however designated, that you may have in or to any Mods.
3. Content Restrictions
Any element which you include in your Mod must be your own original work created by you or you must have obtained the necessary permissions to use such materials. You are responsible for the content of any Mods which you create and publish on the Modding Page and shall warrant and represent to Fatshark that your Mods do not contain:
- any materials which are discriminatory, racist, obscene, libelous, offensive, illegal, defamatory, inappropriate, invasive, or likely to adversely affect the reputation or goodwill of Fatshark and/or its licensors;
- any resemblance to any recognisable third party brand, character or personality, including but not limited to any trademark logos or third party assets except for those assets provided to you by Fatshark as necessary for the creation of the Mod for use with the Game;
- any assets from other games published by Fatshark, its affiliates or licensors, or any other third party;
- any materials which do not comply with any additional instructions provided to you by Fatshark including but not limited to as published on the Modding Page which may be updated by Fatshark from time to time; and
- any malicious code, including viruses, spyware, Trojan horses, worms, time bombs, cancelbots, corrupted data, or other content that contains malicious code or in any way damages or interfere with the operation of the Game.
Fatshark does not pre-vet or monitor any Mods which are uploaded to the Modding Page and does not monitor, endorse or approve any Mods. You are solely responsible for your Mod and may be held liable for any Mod which you create and upload to the Modding Page. Fatshark reserves the right, in its sole and final discretion, to request that Valve remove any Mods from the Modding Page which violate the content restrictions above. To the maximum extent permitted by applicable law, Fatshark does not assume any responsibility or liability for the Mods or for removal of Mods or any failure to or delay in removing such Mods.
4. Indemnification
You agree to indemnify, defend and hold Fatshark and its parent companies, affiliates, licensees, contractors, officers, directors, employees and agents harmless from any damages, losses, cost and expenses (including attorneys’ fees) arising directly or indirectly from any acts and omissions associated with the use of any Mod which you create and publish, including but not limited to any allegation that the Mod violates the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party, or any other violation by you of the terms of the Modding Terms.
5. Our Liability
WE PROVIDE THE GAME, THE MODDING TOOLS AND ANY MODS ON AN “AS IS” BASIS AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. YOU ACKNOWLEDGE AND AGREE THAT YOUR EXCLUSIVE REMEDY FOR ANY DISPUTE WITH FATSHARK IS TO STOP USING THE GAME (INCLUDING BUT NOT LIMITED TO THE MODDING TOOLS AND/OR ANY MODS). IN NO EVENT SHALL FATSHARK AND ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE GAME, THE MODDING TOOLS AND ANY MODS. 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 FATSHARK AND ITS LICENSORS SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
6. Termination
We reserve the right to suspend access to, or terminate the licence for, any Mods, Modding Tools and the Modding Page at any time for any reason. If you commit any breach of the Modding Terms or the EULA, the licence to use the Game, the Modding Tools and/or any Mods shall automatically terminate, without notice. Your grant of the licence to Fatshark to use any Mods which you create and publish to the Modding Page shall survive termination.
Because Fatshark would be irreparably damaged if the terms of this EULA were not specifically enforced, you agree that Fatshark shall be entitled to take such action as may be required, including seeking an injunction and other equitable remedies, in addition to any other remedies available to it under the applicable law.