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END USER LICENSE AGREEMENT
CONCERNING GAME REGENESIS ARCADE VERSIONS LITE AND DELUXE
I. Preliminary provisions
1. The present end user license agreement (‘Agreement’) may be periodically updated and the current version is posted at the website [http://store.steampowered.com/eula/642000_eula_0]. Continued use of the game Regenesis Arcade after a revised Agreement has been posted constitutes automatic acceptance of its terms
2. ‘Software’ or ‘Game’ includes all software included with this agreement. Lite and Deluxe version, the accompanying manual(s), packaging, and other written files, electronic or on-line materials or documentation, and any and all copies of such software and its materials.
3. ‘User’ in the present Agreement means an end user, installing or using the Game.
4. User is obliged to acquaint himself/herself thoroughly with the present Agreement. In case in which User does not express consent to observance of conditions of the present Agreement, he/she must not launch, download, install, copy or use in any manner or any form the Software. Acceptance of the present Contract by User, resulting in binding character of stipulations of the Agreement upon the User, takes place by installation of the Game or start of its using.
5. The Agreement determines rights, duties and liability of User and the company Blue Technology spółka z ograniczoną odpowiedzialnością with its registered seat in Białystok, address: Piłsudskiego 11/3 / 4 and 5, 15-443 Białystok, entered into the register of entrepreneurs of the National Court Register under KRS no.: 0000338423 for which the files are kept by the District Court in Białystok, tax identification number 5423145352 (‘the Licensor’) within the scope of using the Software by User.
6. Any rights that in that Agreement are not granted to User in express and unambiguous way, are vested with the Licensor.
7. The Licensor does not express consent to installation or use of the Game in case in which User does not accept the substance of the present Agreement or is not 18 or more years old, with the reservation that in case of persons who are younger than 18 years old, acceptance of the Agreement is expressed by their parents or legal guardians. In such case installation of the Game and its use by a person that is younger than 18 years old, requires supervision by a parent or legal guardian.
II. Version ‘Lite’
1. Subject to clause III below, the present Agreement concerns granting of the license for use of the Game Regenesis Arcade version ‘Lite’. That version is destined solely for the purpose of non-commercial use, without attaining any material profits in that respect, in particular financial profits. In order to acquire rights to use the Game commercially, User is obliged to obtain a separate license in accordance with rules determined at the website of the Licensor [http://www.hyperbookstudios.com]. Infringement of this clause is subject to penal and civil liability with regard to the Licensor, on the basis of rules determined by provisions of Polish law.
III. Version ‘Deluxe’
1. The Licensor, for a fee, grants the license to use the Game Regenesis Arcade version ‘Deluxe’ which is available at the website [http://store.steampowered.com/app/753370/REGENESIS_Arcade_DELUXE/]. Making that version accessible takes place on the basis of Early Access condition which means that it is the preliminary version and works concerning that version have not been brought to an end yet.
2. Cost of obtention of the license for the Game Regenesis Arcade version Deluxe on Early Access condition amounts to EUR 9.99.
3. Stipulations of the present Agreement are accordingly applicable to version Deluxe.
4. In connection with multiplayer option made accessible in version Deluxe, the Licensor makes a reservation that the Licensor does not incur any liability whatsoever for improper conduct of Users towards other users of the Game, or towards third parties.
IV. License
1. Subject to this Agreement and its terms and conditions, Licensor hereby grants to User a nonexclusive, non-transferable and limited license to use one copy of the Software for personal, non-commercial use, without attaining material profits in that respect, in particular financial profits, for gameplay on a single platform (e.g. computer, mobile device, or gaming console) unless otherwise expressly specified in the Software documentation (‘License’). The rights resulting from the License granted to User are subject to compliance, by the User, to stipulations of the Agreement.
2. The term of the license under this Agreement shall commence on the date of installation or other use of the Software and ends on removal of the Software by the User from possessed platform (computer, mobile device, or gaming console).
3. The License comprises the right to use the Game in accordance with its documentation solely for its own, non-commercial use by User.
4. The Software is licensed, not sold, to User, and User hereby acknowledge that no title or ownership in the Software is being transferred or assigned and this Agreement should not be construed as a sale of any rights in the Software. The Licensor retains all right, title, and interest to the Software, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, audiovisual effects, themes, characters, character names, stories, dialog, settings, artwork, sounds effects, musical works, and moral rights. The Software may not be copied, reproduced, modified, reverse engineered, decompiled, disassembled, or distributed in any manner or medium, in whole or in part, without prior written consent from Licensor. Infringement of the present clause is subject to civil and penal liability with regard to the Licensor, on the basis of rules determined by provisions of Polish law.
V. Guarantee
1. The Licensor gives a guarantee to User, under normal use and service, for 90 days from the date of installation of the Software by User, that the Software is compatible with a personal computer meeting the minimum system requirements listed in the Software documentation. However, due to variations in hardware, software, internet connections, and individual usage, the Licensor does not warrant the performance of the Software on the specific computer or gaming unit. The Licensor does not warrant against interference with enjoyment of the Software by User; that the Software will meet requirements of User; that operation of the Software will be uninterrupted or error-free; or that the Software will be compatible with third-party software or hardware or that any errors in the Software will be corrected. No oral or written advice provided by the Licensor or any authorized representative shall create a warranty.
2. Giving the guarantee takes place in accordance with rules determined in the Agreement; to the extent admissible by law, provisions of Polish Civil Code, as well as any other express or implied warranties or conditions, including, without limitation, warranties or conditions of satisfying quality or usefulness for a given purpose, are excluded.
3. The guarantee does not comprise, in particular, errors or improper functioning of the Game caused by:
(a) defects of hardware the Game is installed on, improper installation or settings of the Game or the software co-operating with the Game or database server,
(b) improper use of the Game.
4. In case in which within the guarantee period User notices any defect of the Software, the Licensor agrees to replace the Software that turned out to be defective within the guarantee period, gratuitously, if that Software is still produced by the Licensor. That guarantee comprises only the Software originally delivered by the Licensor. That guarantee is not valid and not in force if the defect results from circumstances not attributable to the Licensor, in particular improper use of the Game by User.
VI. Limitations of liability
1. The Licensor assures that it has the right to conclude the present Agreement and to grant to User the license to use the Game in accordance with rules determined in the present Agreement.
2. Liability of the Licensor is limited in the broadest possible extent which is admissible by virtue of Polish law, in particular contractual liability of the Licensor is excluded, except for willful causation of damage to User, as well as liability for delicts of the Licensor which is also excluded.
3. The Licensor does not bear liability for negative effects of use of the Game for health of User, in particular those resulting from excessive time of use of the Game and/or specific vulnerability of the organism of User to given impulses.
4. The Licensor draws the attention of User to the fact that some persons are prone to epilepsy attacks or loss of consciousness during being exposed to flashing lights or light patterns. Such persons, as a result of watching certain pictures on the screen or playing certain games, may face an attack. It may happen even when such person does not have any illness records within that scope and has never before suffered from epilepsy attacks. If any family member of User has ever shown symptoms related to epilepsy (attacks or loss of consciousness) due to being exposed to flashing lights, before commencement of playing User should consult with a doctor. If User during use of the Game experiences the following symptoms: dizziness, eyesight distortions, muscle or eyelids cramps, loss of consciousness, involuntary movements or convulsions, the User must IMMEDIATELY stop playing and consult with a doctor. During use of the Game it is necessary to ensure standard precautions concerning health and safety, such us avoiding playing in case of sleepiness or tiredness, observance of 10-15 minutes breaks once an hour, sitting in proper distance from the screen and playing in a room which is well-lit.
5. The Software provides for virtual reality gameplay and/or the use of third party virtual reality headsets and/or related equipment, to which the health and safety precautions determined in the present point 5 apply. The Licensor does not bear any liability for consequences of non-observance by the User of the precautions. Failing to review and/or adhere to the health and safety precautions set forth below and the precautions given by the manufacturer of a VR headset may cause damage to property, personal injury to the User or others, or even death. As with all virtual reality games, the User shall also carefully read and follow all health and safety precautions from a virtual reality headset manufacturer before use. The User shall always be aware of surroundings when playing the game. When playing with a virtual reality headset or other headset it is best to remain seated if that mode is supported. Since the Game is a virtual reality experience, the User may not be able to fully see or hear surroundings while playing. Whether or not the User remains seated during gameplay, the User shall give themselves plenty of room and make sure the play area is clear of objects and people that could be bumped into during gameplay. The User shall ensure that the User is in a safe environment and not near stairs, balconies, windows, walls, furniture, objects that could cause tripping hazards or other objects or people that may pose a danger to the User or them or could be damaged or cause injury during gameplay. Sound volume for the game should be kept at a low enough level so that the User can be aware of surroundings while playing, and to avoid any damage to hearing.
VII. Conditions for use of the Game
1. Rules of access to the Software and its use are subject to stipulations of the Agreement and documentation of the Software. The stipulations of the documentation constitute the integral part of the Agreement. They constitute the entirety of contractual provisions between User and the Licensor with regard to use of the Software and related services and products, and substitute any and all prior settlements, whether oral or written, concluded between User and the Licensor.
2. If any stipulation of the present Agreement is deemed invalid, ineffective or unenforceable, such occurrence does not influence the validity, efficiency and enforceability of the remaining stipulations of the Agreement.
VIII. Governing law and jurisdiction
1. The present Agreement shall be governed and construed in accordance with Polish law.
2. If the law binding in the country where User resides does not stipulate otherwise, any disputes related to conclusion and/or performance of the present Agreement shall be subject to exclusive jurisdiction of Polish courts. If that does not contravene generally applicable legal provisions, the competent court shall be the court […].
IX. Contact
1. In case of any questions, claims or remarks concerning the Agreement, User may contact the Licensor through the e-mail address: info@hyperbookstudio.com
CONCERNING GAME REGENESIS ARCADE VERSIONS LITE AND DELUXE
I. Preliminary provisions
1. The present end user license agreement (‘Agreement’) may be periodically updated and the current version is posted at the website [http://store.steampowered.com/eula/642000_eula_0]. Continued use of the game Regenesis Arcade after a revised Agreement has been posted constitutes automatic acceptance of its terms
2. ‘Software’ or ‘Game’ includes all software included with this agreement. Lite and Deluxe version, the accompanying manual(s), packaging, and other written files, electronic or on-line materials or documentation, and any and all copies of such software and its materials.
3. ‘User’ in the present Agreement means an end user, installing or using the Game.
4. User is obliged to acquaint himself/herself thoroughly with the present Agreement. In case in which User does not express consent to observance of conditions of the present Agreement, he/she must not launch, download, install, copy or use in any manner or any form the Software. Acceptance of the present Contract by User, resulting in binding character of stipulations of the Agreement upon the User, takes place by installation of the Game or start of its using.
5. The Agreement determines rights, duties and liability of User and the company Blue Technology spółka z ograniczoną odpowiedzialnością with its registered seat in Białystok, address: Piłsudskiego 11/3 / 4 and 5, 15-443 Białystok, entered into the register of entrepreneurs of the National Court Register under KRS no.: 0000338423 for which the files are kept by the District Court in Białystok, tax identification number 5423145352 (‘the Licensor’) within the scope of using the Software by User.
6. Any rights that in that Agreement are not granted to User in express and unambiguous way, are vested with the Licensor.
7. The Licensor does not express consent to installation or use of the Game in case in which User does not accept the substance of the present Agreement or is not 18 or more years old, with the reservation that in case of persons who are younger than 18 years old, acceptance of the Agreement is expressed by their parents or legal guardians. In such case installation of the Game and its use by a person that is younger than 18 years old, requires supervision by a parent or legal guardian.
II. Version ‘Lite’
1. Subject to clause III below, the present Agreement concerns granting of the license for use of the Game Regenesis Arcade version ‘Lite’. That version is destined solely for the purpose of non-commercial use, without attaining any material profits in that respect, in particular financial profits. In order to acquire rights to use the Game commercially, User is obliged to obtain a separate license in accordance with rules determined at the website of the Licensor [http://www.hyperbookstudios.com]. Infringement of this clause is subject to penal and civil liability with regard to the Licensor, on the basis of rules determined by provisions of Polish law.
III. Version ‘Deluxe’
1. The Licensor, for a fee, grants the license to use the Game Regenesis Arcade version ‘Deluxe’ which is available at the website [http://store.steampowered.com/app/753370/REGENESIS_Arcade_DELUXE/]. Making that version accessible takes place on the basis of Early Access condition which means that it is the preliminary version and works concerning that version have not been brought to an end yet.
2. Cost of obtention of the license for the Game Regenesis Arcade version Deluxe on Early Access condition amounts to EUR 9.99.
3. Stipulations of the present Agreement are accordingly applicable to version Deluxe.
4. In connection with multiplayer option made accessible in version Deluxe, the Licensor makes a reservation that the Licensor does not incur any liability whatsoever for improper conduct of Users towards other users of the Game, or towards third parties.
IV. License
1. Subject to this Agreement and its terms and conditions, Licensor hereby grants to User a nonexclusive, non-transferable and limited license to use one copy of the Software for personal, non-commercial use, without attaining material profits in that respect, in particular financial profits, for gameplay on a single platform (e.g. computer, mobile device, or gaming console) unless otherwise expressly specified in the Software documentation (‘License’). The rights resulting from the License granted to User are subject to compliance, by the User, to stipulations of the Agreement.
2. The term of the license under this Agreement shall commence on the date of installation or other use of the Software and ends on removal of the Software by the User from possessed platform (computer, mobile device, or gaming console).
3. The License comprises the right to use the Game in accordance with its documentation solely for its own, non-commercial use by User.
4. The Software is licensed, not sold, to User, and User hereby acknowledge that no title or ownership in the Software is being transferred or assigned and this Agreement should not be construed as a sale of any rights in the Software. The Licensor retains all right, title, and interest to the Software, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, audiovisual effects, themes, characters, character names, stories, dialog, settings, artwork, sounds effects, musical works, and moral rights. The Software may not be copied, reproduced, modified, reverse engineered, decompiled, disassembled, or distributed in any manner or medium, in whole or in part, without prior written consent from Licensor. Infringement of the present clause is subject to civil and penal liability with regard to the Licensor, on the basis of rules determined by provisions of Polish law.
V. Guarantee
1. The Licensor gives a guarantee to User, under normal use and service, for 90 days from the date of installation of the Software by User, that the Software is compatible with a personal computer meeting the minimum system requirements listed in the Software documentation. However, due to variations in hardware, software, internet connections, and individual usage, the Licensor does not warrant the performance of the Software on the specific computer or gaming unit. The Licensor does not warrant against interference with enjoyment of the Software by User; that the Software will meet requirements of User; that operation of the Software will be uninterrupted or error-free; or that the Software will be compatible with third-party software or hardware or that any errors in the Software will be corrected. No oral or written advice provided by the Licensor or any authorized representative shall create a warranty.
2. Giving the guarantee takes place in accordance with rules determined in the Agreement; to the extent admissible by law, provisions of Polish Civil Code, as well as any other express or implied warranties or conditions, including, without limitation, warranties or conditions of satisfying quality or usefulness for a given purpose, are excluded.
3. The guarantee does not comprise, in particular, errors or improper functioning of the Game caused by:
(a) defects of hardware the Game is installed on, improper installation or settings of the Game or the software co-operating with the Game or database server,
(b) improper use of the Game.
4. In case in which within the guarantee period User notices any defect of the Software, the Licensor agrees to replace the Software that turned out to be defective within the guarantee period, gratuitously, if that Software is still produced by the Licensor. That guarantee comprises only the Software originally delivered by the Licensor. That guarantee is not valid and not in force if the defect results from circumstances not attributable to the Licensor, in particular improper use of the Game by User.
VI. Limitations of liability
1. The Licensor assures that it has the right to conclude the present Agreement and to grant to User the license to use the Game in accordance with rules determined in the present Agreement.
2. Liability of the Licensor is limited in the broadest possible extent which is admissible by virtue of Polish law, in particular contractual liability of the Licensor is excluded, except for willful causation of damage to User, as well as liability for delicts of the Licensor which is also excluded.
3. The Licensor does not bear liability for negative effects of use of the Game for health of User, in particular those resulting from excessive time of use of the Game and/or specific vulnerability of the organism of User to given impulses.
4. The Licensor draws the attention of User to the fact that some persons are prone to epilepsy attacks or loss of consciousness during being exposed to flashing lights or light patterns. Such persons, as a result of watching certain pictures on the screen or playing certain games, may face an attack. It may happen even when such person does not have any illness records within that scope and has never before suffered from epilepsy attacks. If any family member of User has ever shown symptoms related to epilepsy (attacks or loss of consciousness) due to being exposed to flashing lights, before commencement of playing User should consult with a doctor. If User during use of the Game experiences the following symptoms: dizziness, eyesight distortions, muscle or eyelids cramps, loss of consciousness, involuntary movements or convulsions, the User must IMMEDIATELY stop playing and consult with a doctor. During use of the Game it is necessary to ensure standard precautions concerning health and safety, such us avoiding playing in case of sleepiness or tiredness, observance of 10-15 minutes breaks once an hour, sitting in proper distance from the screen and playing in a room which is well-lit.
5. The Software provides for virtual reality gameplay and/or the use of third party virtual reality headsets and/or related equipment, to which the health and safety precautions determined in the present point 5 apply. The Licensor does not bear any liability for consequences of non-observance by the User of the precautions. Failing to review and/or adhere to the health and safety precautions set forth below and the precautions given by the manufacturer of a VR headset may cause damage to property, personal injury to the User or others, or even death. As with all virtual reality games, the User shall also carefully read and follow all health and safety precautions from a virtual reality headset manufacturer before use. The User shall always be aware of surroundings when playing the game. When playing with a virtual reality headset or other headset it is best to remain seated if that mode is supported. Since the Game is a virtual reality experience, the User may not be able to fully see or hear surroundings while playing. Whether or not the User remains seated during gameplay, the User shall give themselves plenty of room and make sure the play area is clear of objects and people that could be bumped into during gameplay. The User shall ensure that the User is in a safe environment and not near stairs, balconies, windows, walls, furniture, objects that could cause tripping hazards or other objects or people that may pose a danger to the User or them or could be damaged or cause injury during gameplay. Sound volume for the game should be kept at a low enough level so that the User can be aware of surroundings while playing, and to avoid any damage to hearing.
VII. Conditions for use of the Game
1. Rules of access to the Software and its use are subject to stipulations of the Agreement and documentation of the Software. The stipulations of the documentation constitute the integral part of the Agreement. They constitute the entirety of contractual provisions between User and the Licensor with regard to use of the Software and related services and products, and substitute any and all prior settlements, whether oral or written, concluded between User and the Licensor.
2. If any stipulation of the present Agreement is deemed invalid, ineffective or unenforceable, such occurrence does not influence the validity, efficiency and enforceability of the remaining stipulations of the Agreement.
VIII. Governing law and jurisdiction
1. The present Agreement shall be governed and construed in accordance with Polish law.
2. If the law binding in the country where User resides does not stipulate otherwise, any disputes related to conclusion and/or performance of the present Agreement shall be subject to exclusive jurisdiction of Polish courts. If that does not contravene generally applicable legal provisions, the competent court shall be the court […].
IX. Contact
1. In case of any questions, claims or remarks concerning the Agreement, User may contact the Licensor through the e-mail address: info@hyperbookstudio.com