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1. About these terms
1.1 This agreement: This End User Licence Agreement (agreement) applies to your download, access, installation and otherwise use of any Golden Creative Games, including Half Past Disaster (each a Game, or collectively the Games). Please read this agreement carefully. In this agreement, we or us means Golden Age Creative (ACN 612 715 223).
1.2 Acceptance: You are deemed to have accepted and agreed to be bound by the terms and conditions of this agreement with effect from the date you first download, access, install or otherwise use the Game (Commencement Date). If you do not agree to any term or condition of this agreement please do not download, install, access or otherwise use the Game. You represent that you are at least 13 years old and that if you are between 13 years and 18 years old, your parent or legal guardian has reviewed and agreed to this agreement and your download, access, installation and use of the Games.
1.3 Game Platform Terms: This agreement applies in addition to any terms and conditions, rules and policies imposed by the operator of any app stores, platform or website from which you download or access the Games, such as Steam, the on-line entertainment platform service offered by Valve Corporation Pty Ltd at http://store.steampowered.com (Platform Operator). These may include any terms and conditions of your account with the Platform Operator (e.g. your Steam Account), the Steam Subscriber Agreement, Rules of Use, the Valve Video Policy, the Valve Privacy Policy (collectively Game Platform Terms).
2. Licence for the Game
2.1 Non-exclusive Licence: Subject to your compliance with this agreement and the Game Platform Terms, we grant to you from the Commencement Date a limited, non-exclusive, non-transferable and revocable licence to download, install, access and otherwise use the Game on an electronic device (including any computer, smart phone, mobile phone, hand-held devices or other electronic devices) for which the Game was designed, for your personal, non-commercial use, as allowed under the Game Platform Terms.
2.2 Restrictions on Use: You must not (even after the termination or expiry of this agreement):
(a) acquire, download, reproduce, or install the Game, in whole or in part other than as permitted under this agreement;
(b) sell, lease, license, sub-license, rent, loan, timeshare, encumber, distribute or otherwise transfer the Game, in whole or in part, to any other person;
(c) make a copy of the Game or any part thereof, except that you may make one (1) copy of the Game and any material accompanying the Game for backup or archival purposes;
(d) except as otherwise specifically provided by this agreement, install, access or otherwise use the Game (or permit others to do the same) on a network, for on-line use, or on more than one computer, mobile device or gaming unit at the same time;
(e) use the Game, in whole or in part, to provide outsourcing or computer bureau services, or in any application or for any purpose requiring continuous or fail-safe operation for the avoidance of personal injury, death or illness of any person;
(f) decompile, disassemble, reverse engineer, attempt to derive the source code for, modify, adapt, translate or copy the Game, in whole or in part;
(g) provide, disclose, divulge, make available to, or permit use of the Game, in whole or in part, by any unauthorised third party, including on a network or for on-line use;
(h) develop any software or create derivative works based on the Game;
(i) remove, tamper with, seek to override or otherwise interfere with any security or technological protection measure forming part of the Game; or
(j) alter, remove, obliterate, or obscure from view any copyright, trade mark or confidentiality notice or legend appearing on or within the Game.
2.6 Updates: We may, at our discretion, release any modifications, enhancements, improvements, or revisions to the Game (Updates) from time to time at no additional charge. Installation, access and otherwise use of all Updates are subject to this agreement.
3. Fees
3.1 Payments to Platform Operator: Any fees and payments in relation to the Game are payable to the Platform Operator. We will not be receiving any direct payments from you.
4. Intellectual Property and Privacy
4.1 Intellectual Property: You acknowledge and agree that all intellectual property (including copyright and neighbouring rights, future copyright, all rights in relation to inventions, trade marks, design rights, whether registered or not) subsisting in or otherwise relating to the Game, any part or component of the Game and all associated materials, including but not limited to any manuals, commentary, derivative works, components, titles, source codes, themes, objects, characters, character names, stories, dialogs, catch phrases, locations, concepts, artwork, graphics, animation, sounds, musical compositions, audio-visual effects, text screen displays, methods of operation, used in or otherwise associated with the Game is owned by (or licensed to) us. Apart from the permitted use under this agreement, you acquire no right, title or interest in or to any of the above by virtue of this agreement.
4.3 No Challenge: To the extent permitted by law, you agree not to take any action, and not to assist any person to take any action that may jeopardise, limit, challenge or interfere with our ownership of or rights with respect to the Game or our intellectual property provisions under this clause 4.
4.4 Infringement:. Without limiting any other provisions of this agreement, if the Game infringes the Intellectual Property rights of any third party, we may at our discretion, modify or re-work the Game so that such infringement is removed; procure the right for you to continue enjoying the benefit of the Game in accordance with this agreement; or terminate this agreement upon immediate written notice to you (where we do so, this will be our sole liability to you to the extent permitted by law).
4.5 Personal Information: We do not collect, use, handle or disclose any personal information about you. Please refer to the privacy policy of the Platform Operator for any personal information you submitted to the Platform Operator. We are not responsible or liable for any breach of privacy in relation to the personal information you have disclosed to the Platform Operator.
5. Limitation of Liability
5.1 Prescribed Terms: Nothing in this agreement excludes, restricts or modifies the application of any legislation which by law cannot be excluded, restricted or modified. Without limiting the foregoing, if you are residing in Australia and are considered a “consumer” within the meaning of the Australian Consumer Law (ACL) we give the guarantees to the extent required by the ACL (Consumer Guarantees) with respect to the Game.
5.2 No Warranty: Subject to clause 5.1 and to the extent permitted by law, all representations, warranties, guarantees, terms and conditions which would otherwise be implied or imposed in this agreement in connection with the Game or otherwise relating to the performance of our obligations under this agreement, or any other goods or services supplied or to be supplied by us under this agreement, are excluded (including any warranty with regard to merchantability, durability, fitness for purpose, or non-infringement of third party rights).
5.3 Exclusions: To the extent permitted by law, we do not warrant that the Game will be error free or that the access or use will be uninterrupted, will operate in combination with other software or any particular equipment or system, or will provide any function (other than as communicated by us from time to time).
5.4 Limitation of Liability: Without limiting the generality of this clause 5:
(a) we will not be liable to you for any special, indirect or consequential loss or damage arising out of or relating to this agreement, including claims arising out of the use, not being able to use or any delay in using the Game, whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise;
(b) to the extent permitted by law, our liability for any claim arising from a breach of any term or condition implied or imposed by statute which cannot by law be excluded is limited, at our option, to the repair or replacement of the Game, the cost of repairing or replacing the Game, the re-supply of the Game; and
(c) our aggregate liability under or in relation to this agreement however arising, including under contract, tort (including negligence), under statute or otherwise, arising out of any act, omission or event or connected series of acts, omissions or events will not exceed the fees paid for the Game to the Platform Operator.
6. Term and Termination
6.1 Term: This agreement commences on the Commencement Date and continues for as long as you access or otherwise use the Game unless it is terminated in accordance with its terms.
6.2 Termination by Us: This agreement will terminate immediately if you are in breach of any terms and conditions of this agreement.
6.3 Termination by you: You may terminate this agreement at any time by uninstalling the Game from your electronic device.
6.4 Consequences of Termination: On termination for any reason, all licences granted under this agreement terminate and you must uninstall and destroy all copies of the Game. All fees paid by you will not be refundable.
6.5 Surviving clauses: Clauses 2.2 (Restrictions on Use), 4 (Intellectual Property anad Privacy), 5 (Limitation of Liability) and 6.4 (Consequences of Termination) survive termination or expiry of this agreement for any reason.
7. General
7.1 Entire Agreement: This agreement and any Game Platform Terms constitutes the entire agreement between you and us with respect to this subject matter and supersedes and replaces all prior agreements and understandings between you and us relating to that subject matter. No part of this agreement is to be construed to the disadvantage of a party because that party was responsible for its preparation.
7.2 Amendment: We reserve the right to amend this agreement at any time at our discretion. Any amendments will be communicated to you through your Platform Operator and effective on the date of notification. If any amendments to the agreement are unacceptable to you, you may terminate this agreement in accordance with clause 6 above. Any continued use or further installation of the Game and or its Updates will constitute your acceptance of any amendments to this agreement.
7.3 Assignment: You may not assign or transfer your rights or obligations under this agreement unless with our prior written consent.
7.4 Severance: If any provision of this agreement is held invalid, unenforceable or illegal for any reason, this agreement shall remain otherwise in full force apart from such provision which shall be deemed deleted.
7.5 No Waiver: Any delay or failure by us in enforcing our rights under this agreement is not to be construed as a waiver of those rights.
7.6 Governing Law: This agreement is governed by the laws of New South Wales and, the parties submit to the non-exclusive jurisdiction of the courts of New South Wales.
8. Interpretation
8.1 Interpretation Principles: In this agreement, unless the contrary intention appears:
(a) the singular includes the plural and vice versa;
(b) a person includes a corporation, unincorporated association, partnership, joint venture or public, statutory or governmental association or agency;
(c) a statute or regulation includes an amendment, replacement or re-enactment of that statute or regulation;
(d) 'including' and similar words are not words of limitation;
(e) headings are for convenience only and do not form part of this agreement or affect its interpretation.
1.1 This agreement: This End User Licence Agreement (agreement) applies to your download, access, installation and otherwise use of any Golden Creative Games, including Half Past Disaster (each a Game, or collectively the Games). Please read this agreement carefully. In this agreement, we or us means Golden Age Creative (ACN 612 715 223).
1.2 Acceptance: You are deemed to have accepted and agreed to be bound by the terms and conditions of this agreement with effect from the date you first download, access, install or otherwise use the Game (Commencement Date). If you do not agree to any term or condition of this agreement please do not download, install, access or otherwise use the Game. You represent that you are at least 13 years old and that if you are between 13 years and 18 years old, your parent or legal guardian has reviewed and agreed to this agreement and your download, access, installation and use of the Games.
1.3 Game Platform Terms: This agreement applies in addition to any terms and conditions, rules and policies imposed by the operator of any app stores, platform or website from which you download or access the Games, such as Steam, the on-line entertainment platform service offered by Valve Corporation Pty Ltd at http://store.steampowered.com (Platform Operator). These may include any terms and conditions of your account with the Platform Operator (e.g. your Steam Account), the Steam Subscriber Agreement, Rules of Use, the Valve Video Policy, the Valve Privacy Policy (collectively Game Platform Terms).
2. Licence for the Game
2.1 Non-exclusive Licence: Subject to your compliance with this agreement and the Game Platform Terms, we grant to you from the Commencement Date a limited, non-exclusive, non-transferable and revocable licence to download, install, access and otherwise use the Game on an electronic device (including any computer, smart phone, mobile phone, hand-held devices or other electronic devices) for which the Game was designed, for your personal, non-commercial use, as allowed under the Game Platform Terms.
2.2 Restrictions on Use: You must not (even after the termination or expiry of this agreement):
(a) acquire, download, reproduce, or install the Game, in whole or in part other than as permitted under this agreement;
(b) sell, lease, license, sub-license, rent, loan, timeshare, encumber, distribute or otherwise transfer the Game, in whole or in part, to any other person;
(c) make a copy of the Game or any part thereof, except that you may make one (1) copy of the Game and any material accompanying the Game for backup or archival purposes;
(d) except as otherwise specifically provided by this agreement, install, access or otherwise use the Game (or permit others to do the same) on a network, for on-line use, or on more than one computer, mobile device or gaming unit at the same time;
(e) use the Game, in whole or in part, to provide outsourcing or computer bureau services, or in any application or for any purpose requiring continuous or fail-safe operation for the avoidance of personal injury, death or illness of any person;
(f) decompile, disassemble, reverse engineer, attempt to derive the source code for, modify, adapt, translate or copy the Game, in whole or in part;
(g) provide, disclose, divulge, make available to, or permit use of the Game, in whole or in part, by any unauthorised third party, including on a network or for on-line use;
(h) develop any software or create derivative works based on the Game;
(i) remove, tamper with, seek to override or otherwise interfere with any security or technological protection measure forming part of the Game; or
(j) alter, remove, obliterate, or obscure from view any copyright, trade mark or confidentiality notice or legend appearing on or within the Game.
2.6 Updates: We may, at our discretion, release any modifications, enhancements, improvements, or revisions to the Game (Updates) from time to time at no additional charge. Installation, access and otherwise use of all Updates are subject to this agreement.
3. Fees
3.1 Payments to Platform Operator: Any fees and payments in relation to the Game are payable to the Platform Operator. We will not be receiving any direct payments from you.
4. Intellectual Property and Privacy
4.1 Intellectual Property: You acknowledge and agree that all intellectual property (including copyright and neighbouring rights, future copyright, all rights in relation to inventions, trade marks, design rights, whether registered or not) subsisting in or otherwise relating to the Game, any part or component of the Game and all associated materials, including but not limited to any manuals, commentary, derivative works, components, titles, source codes, themes, objects, characters, character names, stories, dialogs, catch phrases, locations, concepts, artwork, graphics, animation, sounds, musical compositions, audio-visual effects, text screen displays, methods of operation, used in or otherwise associated with the Game is owned by (or licensed to) us. Apart from the permitted use under this agreement, you acquire no right, title or interest in or to any of the above by virtue of this agreement.
4.3 No Challenge: To the extent permitted by law, you agree not to take any action, and not to assist any person to take any action that may jeopardise, limit, challenge or interfere with our ownership of or rights with respect to the Game or our intellectual property provisions under this clause 4.
4.4 Infringement:. Without limiting any other provisions of this agreement, if the Game infringes the Intellectual Property rights of any third party, we may at our discretion, modify or re-work the Game so that such infringement is removed; procure the right for you to continue enjoying the benefit of the Game in accordance with this agreement; or terminate this agreement upon immediate written notice to you (where we do so, this will be our sole liability to you to the extent permitted by law).
4.5 Personal Information: We do not collect, use, handle or disclose any personal information about you. Please refer to the privacy policy of the Platform Operator for any personal information you submitted to the Platform Operator. We are not responsible or liable for any breach of privacy in relation to the personal information you have disclosed to the Platform Operator.
5. Limitation of Liability
5.1 Prescribed Terms: Nothing in this agreement excludes, restricts or modifies the application of any legislation which by law cannot be excluded, restricted or modified. Without limiting the foregoing, if you are residing in Australia and are considered a “consumer” within the meaning of the Australian Consumer Law (ACL) we give the guarantees to the extent required by the ACL (Consumer Guarantees) with respect to the Game.
5.2 No Warranty: Subject to clause 5.1 and to the extent permitted by law, all representations, warranties, guarantees, terms and conditions which would otherwise be implied or imposed in this agreement in connection with the Game or otherwise relating to the performance of our obligations under this agreement, or any other goods or services supplied or to be supplied by us under this agreement, are excluded (including any warranty with regard to merchantability, durability, fitness for purpose, or non-infringement of third party rights).
5.3 Exclusions: To the extent permitted by law, we do not warrant that the Game will be error free or that the access or use will be uninterrupted, will operate in combination with other software or any particular equipment or system, or will provide any function (other than as communicated by us from time to time).
5.4 Limitation of Liability: Without limiting the generality of this clause 5:
(a) we will not be liable to you for any special, indirect or consequential loss or damage arising out of or relating to this agreement, including claims arising out of the use, not being able to use or any delay in using the Game, whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise;
(b) to the extent permitted by law, our liability for any claim arising from a breach of any term or condition implied or imposed by statute which cannot by law be excluded is limited, at our option, to the repair or replacement of the Game, the cost of repairing or replacing the Game, the re-supply of the Game; and
(c) our aggregate liability under or in relation to this agreement however arising, including under contract, tort (including negligence), under statute or otherwise, arising out of any act, omission or event or connected series of acts, omissions or events will not exceed the fees paid for the Game to the Platform Operator.
6. Term and Termination
6.1 Term: This agreement commences on the Commencement Date and continues for as long as you access or otherwise use the Game unless it is terminated in accordance with its terms.
6.2 Termination by Us: This agreement will terminate immediately if you are in breach of any terms and conditions of this agreement.
6.3 Termination by you: You may terminate this agreement at any time by uninstalling the Game from your electronic device.
6.4 Consequences of Termination: On termination for any reason, all licences granted under this agreement terminate and you must uninstall and destroy all copies of the Game. All fees paid by you will not be refundable.
6.5 Surviving clauses: Clauses 2.2 (Restrictions on Use), 4 (Intellectual Property anad Privacy), 5 (Limitation of Liability) and 6.4 (Consequences of Termination) survive termination or expiry of this agreement for any reason.
7. General
7.1 Entire Agreement: This agreement and any Game Platform Terms constitutes the entire agreement between you and us with respect to this subject matter and supersedes and replaces all prior agreements and understandings between you and us relating to that subject matter. No part of this agreement is to be construed to the disadvantage of a party because that party was responsible for its preparation.
7.2 Amendment: We reserve the right to amend this agreement at any time at our discretion. Any amendments will be communicated to you through your Platform Operator and effective on the date of notification. If any amendments to the agreement are unacceptable to you, you may terminate this agreement in accordance with clause 6 above. Any continued use or further installation of the Game and or its Updates will constitute your acceptance of any amendments to this agreement.
7.3 Assignment: You may not assign or transfer your rights or obligations under this agreement unless with our prior written consent.
7.4 Severance: If any provision of this agreement is held invalid, unenforceable or illegal for any reason, this agreement shall remain otherwise in full force apart from such provision which shall be deemed deleted.
7.5 No Waiver: Any delay or failure by us in enforcing our rights under this agreement is not to be construed as a waiver of those rights.
7.6 Governing Law: This agreement is governed by the laws of New South Wales and, the parties submit to the non-exclusive jurisdiction of the courts of New South Wales.
8. Interpretation
8.1 Interpretation Principles: In this agreement, unless the contrary intention appears:
(a) the singular includes the plural and vice versa;
(b) a person includes a corporation, unincorporated association, partnership, joint venture or public, statutory or governmental association or agency;
(c) a statute or regulation includes an amendment, replacement or re-enactment of that statute or regulation;
(d) 'including' and similar words are not words of limitation;
(e) headings are for convenience only and do not form part of this agreement or affect its interpretation.