Photon Rush - Terms and conditions

1. Preamble: This Agreement, signed on May 26, 2017 (hereinafter: Effective Date) governs the relationship between Client, a Business Entity or Private Person, (hereinafter: Licensee) and Gametroleum SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, a duly registered company in whose principal place of business is Poland, Warszawa, Dzielnicowa 23a (hereinafter: Licensor). This Agreement sets the terms, rights, restrictions and obligations on using Photon Rush (hereinafter: The Software) created and owned by Licensor, as detailed herein

2. License Grant: Licensor hereby grants Licensee a Personal, Non-assignable & non-transferable, Pepetual, Non-commercial, Without the rights to create derivative works, Non-exclusive license, all with accordance with the terms set forth and other legal restrictions set forth in 3rd party software used while running Software.

2.1. Limited: Licensee may use Software for the purpose of:
- Running Software on Licensee’s Computer;
- Publishing Software’s output to Licensee and 3rd Parties;
- Modify Software to suit Licensee’s needs and specifications.
2.2. This license is granted perpetually, as long as you do not materially breach it.
2.3. Non Assignable & Non-Transferable: Licensee may not assign or transfer his rights and duties under this license.
2.4. Non-Commercial: Licensee may not use Software for commercial purposes. for the purpose of this license, commercial purposes means that a 3rd party has to pay in order to access Software or that the Website that runs Software is behind a paywall.

3. Term & Termination: The Term of this license shall be until terminated. Licensor may terminate this Agreement, including Licensee’s license in the case where Licensee :
3.1 became insolvent or otherwise entered into any liquidation process; or
3.2 exported The Software to any jurisdiction where licensor may not enforce his rights under this agreements in; or
3.3 Licensee was in breach of any of this license's terms and conditions and such breach was not cured, immediately upon notification; or
3.4 Licensee in breach of any of the terms of clause 2 to this license; or
3.5 Licensee otherwise entered into any arrangement which caused Licensor to be unable to enforce his rights under this License.

4. Payment: In consideration of the License granted under clause 2, Licensee shall pay Licensor a fee, via Credit-Card, PayPal or any other mean which Licensor may deem adequate. Failure to perform payment shall construe as material breach of this Agreement. Licensor can waive fee.

5. Upgrades, Updates and Fixes: Licensor may provide Licensee, from time to time, with Upgrades, Updates or Fixes, as detailed herein and according to his sole discretion. Licensee hereby warrants to keep The Software up-to-date and install all relevant updates and fixes, and may, at his sole discretion, purchase upgrades, according to the rates set by Licensor. Licensor shall provide any update or Fix free of charge; however, nothing in this Agreement shall require Licensor to provide Updates or Fixes.

6. Support: Software is provided under an AS-IS basis and without any support, updates or maintenance. Nothing in this Agreement shall require Licensor to provide Licensee with support or fixes to any bug, failure, mis-performance or other defect in The Software.

6.1. Bug Notification: Licensee may provide Licensor of details regarding any bug, defect or failure in The Software promptly and with no delay from such event; Licensee shall comply with Licensor's request for information regarding bugs, defects or failures and furnish him with information, screenshots and try to reproduce such bugs, defects or failures.

6.2. Feature Request: Licensee may request additional features in Software, provided, however, that (i) Licensee shall waive any claim or right in such feature should feature be developed by Licensor; (ii) Licensee shall be prohibited from developing the feature, or disclose such feature request, or feature, to any 3rd party directly competing with Licensor or any 3rd party which may be, following the development of such feature, in direct competition with Licensor; (iii) Licensee warrants that feature does not infringe any 3rd party patent, trademark, trade-secret or any other intellectual property right; and (iv) Licensee developed, envisioned or created the feature solely by himself.

7. Liability: To the extent permitted under Law, The Software is provided under an AS-IS basis. Licensor shall never, and without any limit, be liable for any damage, cost, expense or any other payment incurred by Licensee as a result of Software’s actions, failure, bugs and/or any other interaction between The Software and Licensee’s end-equipment, computers, other software or any 3rd party, end-equipment, computer or services. Moreover, Licensor shall never be liable for any defect in source code written by Licensee when relying on The Software or using The Software’s source code.

8. Warranty:

8.1. Intellectual Property: Licensor hereby warrants that The Software does not violate or infringe any 3rd party claims in regards to intellectual property, patents and/or trademarks and that to the best of its knowledge no legal action has been taken against it for any infringement or violation of any 3rd party intellectual property rights.

8.2. No-Warranty: The Software is provided without any warranty; Licensor hereby disclaims any warranty that The Software shall be error free, without defects or code which may cause damage to Licensee’s computers or to Licensee, and that Software shall be functional. Licensee shall be solely liable to any damage, defect or loss incurred as a result of operating software and undertake the risks contained in running The Software

8.3. Prior Inspection: Licensee hereby states that he inspected The Software thoroughly and found it satisfactory and adequate to his needs, that it does not interfere with his regular operation and that it does meet the standards and scope of his computer systems and architecture. Licensee hereby waives any claims regarding The Software's incompatibility, performance, results and features, and warrants that he inspected the The Software.

8.3. No Refunds: Licensee warrants that he inspected The Software according to clause 7(c) and that it is adequate to his needs. Accordingly, as The Software is intangible goods, Licensee shall not be, ever, entitled to any refund, rebate, compensation or restitution for any reason whatsoever, even if The Software contains material flaws.

8.4. Indemnification: Licensee hereby warrants to hold Licensor harmless and indemnify Licensor for any lawsuit brought against it in regards to Licensee’s use of The Software in means that violate, breach or otherwise circumvent this license, Licensor's intellectual property rights or Licensor's title in The Software. Licensor shall promptly notify Licensee in case of such legal action and request Licensee’s consent prior to any settlement in relation to such lawsuit or claim.

8.5. Governing Law, Jurisdiction: Licensee hereby agrees not to initiate class-action lawsuits against Licensor in relation to this license and to compensate Licensor for any legal fees, cost or attorney fees should any claim brought by Licensee against Licensor be denied, in part or in full.

9. You agree to our Privacy Notice
Privacy Notice:
Information We Collect or Receive

We generally collect or receive information in three ways: (1) you voluntarily provide information to us, such as by creating an account, making purchases, or signing up for email alerts, (2) we collect information automatically, such as through cookies or through use of our games and other software, and (3) other parties, such as social networks, may provide information to us. Each of these methods is described in more detail below.

(1) Information You Voluntarily Choose to Provide

You may provide your personal information to us when you choose to use our websites, games, game engines, or applications. Because we change our offerings and features from time to time, the options you have to provide us with information also may change. The following are some examples of situations in which you may provide information to us:

Creating an account to use our websites, online services, software, or applications;

Licensing and downloading our games or game engines;

Using a social feature of our games or applications (described further in the section of this policy titled “When You Use Social Features of Our Games and Applications”);

Purchasing something from us or otherwise engage in a transaction with us;

Entering online competitions or registering for or participate in special events;

Entering contests or sweepstakes, participating in any of our promotions, or accepting any prizes from us;

Signing up for email alerts or subscribing to receive other information from us;

Complete a survey;

Using a mobile device, such as a phone, to play our games or use our applications;

Contacting us for any reason, such as by email, including for technical support or customer service.

The personal information we collect from you will vary depending on the services you are using, the websites you are visiting, and how you access those services and websites. The information you provide to us may include your name, your display name, and your email address(es). If you choose to make a purchase, we will collect payment card information such as your card’s payment account number and expiration date. Sometimes we ask for your phone number, your postal address, your billing address, your date of birth, and your gender. Some of our websites also provide a feature that supports job applications, in which case we also ask for your resume.

(2) Information Collected Automatically When You Use Our Websites, Games, and Applications

We collect some information automatically when you visit our websites or use our games, game engines, and applications. If a combination of information that we collect does identify you as an individual, we will treat the combined information as personal information. We typically aggregate the data that we collect automatically and use it in statistical form to determine trends among groups of users, rather than using it to identify individuals. We collect information automatically through technologies such as web browsers, cookies, log files, web beacons, and our back-end servers collect usage data transmitted from our games and other software. We use the information for purposes such as modifying or improving features, managing advertising, addressing technical issues, preventing fraud, and conducting data analytics. The type of information that we automatically collect may vary, but generally includes:

Technical information about your computer, device, hardware, or software you use to access the Internet or our services, such as IP address or other transactional or identifier information for your device (such as device make and model, information about device operating systems and browsers, or other device or system related specifications);

Usage information and statistics about your interaction with our websites, games, game engines, and applications, which may include the URLs of our websites that you have visited, URLs of referring and exiting pages, page views, time spent on a page, number of clicks, platform type, the application you used or the game you played, how long you used or played it and when, and other usage statistics;

Crash reports, which may be automatically generated when a game or application crashes and includes information about your system and the crash;

Information that facilitates a safer and more personalized experience, such as your display name or other user identification provided in connection with your application use or game play, saved preferences, game progress, and device identifiers or usage information for authentication and fraud prevention purposes;

The location of your device, such as may be derived from your device’s IP address.

Please note that if certain features on our website are provided by third parties, those third parties may also use automated means of data collection and may record information about your use of our website or others’ websites over time. These features are subject to those third parties’ privacy notices and policies.

(3) Information We Receive from Others

In some cases, other parties provide us with information about you, or allow us to collect information about you. We generally collect or receive information from other parties in three ways: (1) you use our games or applications at a website that is not controlled by us, such as a game console or social network, (2) you choose to use a social feature of our games or applications, and (3) you purchase one of our games or applications from another party. In some cases, we are not able to control the amount or type of information that other parties like social networks, make available to us. In those cases, we use only the data that we need to provide the types of services we think our users want and expect. Although we cannot control your privacy settings at those websites or how those other parties protect your privacy, once we receive information about you through those websites, we will treat it in accordance with this policy.

When You Use Our Games and Applications at Third Party Websites

When you use any Epic game, application, or feature at a website not controlled by Epic, such as a social network, that website may allow Epic access to certain information about you. For example, social networks may provide us with information from your profile on their website such as contact information, demographics, and other information you provided to that website such as your photo, user name, and potentially any and all information that you agreed the social network or other party could provide to us when you use our games and applications.

When You Use Social Features of Our Games and Applications

When you choose to use a social feature of our games and applications, you allow Epic to receive information about you from social networks. Our social features promote and facilitate interaction among players, such as by allowing you and your friends to work together to meet a shared challenge presented by our game or application. You may be able to use these features to find out if your friends are actively playing the game and using the feature, to find out if they used it in the past, and to invite them to join with you to meet a game challenge. If you choose to use one of our social features, you may be asked to log into a social network through our game or application. The social network may then provide Epic with information such as your social network user ID, your profile picture, and the user IDs and profile pictures of your connections.

When You Buy Our Games and Applications from Other Parties

We may also receive information about you from the organizations that sell our games or applications, or which provided the gaming system you use. Those parties may provide us with information regarding your account or registration, but they do not give us your payment information. Because those organizations determine what information they will collect from you, it may vary according to their services, but it is likely to include information such as your name, email address, user ID, location, and date of birth.
How We Use and Share Information

As a general matter, we use your information to provide the services, experiences, merchandise, or information you request. We also may use your information:

To communicate with you, respond to your requests, or provide you with updates and information;

To better understand our users, their interests, and their preferences;

To personalize your experience, save your preferences, authenticate our users, and provide similar user-experience features;

To develop, deliver, and improve our products, services, and other offerings;

To enforce our licenses, agreements, and terms of service;

To manage and customize advertisements or promotional offers;

For security purposes;

For internal purposes such as auditing and data analysis.

We may share, or provide you with opportunities to share, information about you with other users of our websites, games, game engines, and applications as described in this policy. We also provide services that allow our users to communicate with Epic and each other, in which case personal information may be shared and account IDs may be displayed. We may share personal information we collect within our family of companies. We also will share information with service providers that perform services on our behalf and under our instructions. These service providers are not authorized by us to use or disclose the information except as necessary to perform services on our behalf or comply with legal requirements. We also may share certain limited information, such as device identifiers, with advertisers and other marketing partners for purposes of gauging the effectiveness of advertising and other marketing strategies. We may share information about you with your social network contacts when you and they use the same social features of our games and applications. We may also disclose information about you: (i) if we are required to do so by law, legal process, or a reasonable request from law enforcement authorities or other government officials, (ii) when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation of suspected or actual illegal activity, or (iii) if necessary to protect the vital interests of another individual (such as to prevent death, bodily harm, or serious damage to property). We reserve the right to transfer information about our users in the event we sell or transfer all or substantially all our business or assets.