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DUSK END USER LICENSE AGREEMENT
This is the End User License Agreement (“Agreement”) for “DUSK”. Please read through this document carefully. By creating an account, copying, installing, downloading, or otherwise using this game software, you agree that you understand, accept, and comply with the terms set forth below. Failure to comply with these terms may result in enforcement actions against you. If you need clarification, explanations for the terms are italicized below.
This Agreement is the binding legal agreement between you, the individual end user (“you”), and New Blood Interactive LLC (“New Blood”, “we”, “us”), a California Limited Liability Corporation, for the download and use of the game “DUSK” (“Game”). For purposes of this Agreement the “Game” means collectively the interactive video game client “DUSK”, any user account(s) created by you, and all applicable client software (including, among other things, installer software, the game client, launcher software, and download management software) that you will or have installed on your computer, including all printed materials, digital or electronic documentation obtained by you through our website, or by any other distribution channels now known or hereafter devised, regardless of the legal standing of that distributor.
1. LICENSE. New Blood retains exclusive rights for any and all of any and all State, Federal, and International intellectual property and proprietary rights in and to the Game and all copies of the Game, including and without limitation all copyrights, inventions, trademark rights, trade secret rights, trade dress rights, and any and all other intellectual property and proprietary rights embodied in or derived from the Game. We prohibit the copying, reproduction, and circumvention of technology of the Game beyond the terms of this license. The Game is licensed to you, as opposed to being sold or assigned to you, and your continued legal use of the Game is contingent upon your compliance with this Agreement and the License Terms set forth below.
2. What this means: Although you own a copy of the Game, the underlying rights still belong to the developer, us, and your use of your copy is limited to the terms of the license. If you exceed the rights granted in this license, you’re committing copyright infringement, which is illegal and could put you at risk of legal action against you.
3. LICENSE TERMS. New Blood hereby grant you a non-exclusive, revocable, non-transferrable, and limited right to license one copy of the Game for your personal, non-commercial use. Continued use of the Game is contingent upon your compliance with the following:
a. Except as otherwise set forth herein pursuant to Subsection 2(d), you may not modify,distribute, transmit, display, perform, reproduce (except for one archival and backup copyas permitted by applicable laws), publish, license, create derivative works from, adapt,translate, sublicense, auction, rent, lease or sell all or any part of the Game. In addition,
you may not reverse engineer, decompile, or disassemble any part of the Game. All rights not expressly granted are reserved by us. You agree that you have no interest, monetary or otherwise, in any feature, content, or intellectual property contained in the Game.
What this means: Selling or giving away the Game isn’t allowed. This includes sharing your account information. Additionally, reverse engineering or using/adapting any part of the Game’s code or other content for commercial or redistribution purposes isn’t permitted.
b. You must abide by the Code of Conduct set forth in Section 4 of this Agreement. Failure to comply with the Code of Conduct will result in the revocation of all rights set forth herein. Any breach substantial enough to cause harm to New Blood or a third party may be accompanied by the application of any and all legal rights and claims reserved by New
Blood herein. What this means: Follow the rules. If we learn that you’ve broken the rules we have the right to terminate your account, bro.
c. Absent a valid distribution Agreement between you and New Blood, you may not make the Game available on any third party network, FTP, internet website, torrent site, filesharing service, intranet, or “cloud”, whereby individuals other than you may download and install the Game. You further agree that you will not link to any such third party network, torrent, FTP, file-sharing service, intranet, or “cloud” that is not legally owned by New Blood or its distributors.
What this means: Redistribution of the Game without a license to do so is considered piracy, which is illegal under Federal and International law. This license is not a license for redistribution, so if you distribute the Game you’re violating this license, dickhead. And as stated before, that’s copyright infringement, or piracy. The most popular means of piracy is through digital distribution, such as torrent clients or other file-sharing services. We want to continue providing worthwhile content for our users, but we can’t do it if our games are pirated—we need to eat, too, and we can’t make money off of pirated software. Seriously. Don't be that guy. Yarrrrrr.
d. We may make available, or have others make available, modding tools or other tools for player modification purposes (herein the “Software Development Kit” or “SDK”). These tools are considered proprietary assets in and to the game (“Game Assets”) and are in and of themselves subject to the same licensing restrictions set forth in this Agreement, provided the following: Players may use the SDK or other modding tools provided by us or authorized by us solely for the purpose of creating non-commercial modifications to and derivative works of the Game. Unless otherwise provided in this EULA, you may use the SDK and modding tools for non-commercial purposes, and solely to develop a modified version of DUSK compatible with the lawfully purchased and licensed original source engine of the Game ("Mod"), or to create derivative works of the Game's content (such as new levels, in-game items, and audio-visual inclusions) that are also solely compatible with a legally purchased and licensed version of the original Game ("Derivative Works"). Except as otherwise set forth in this EULA, you may (i) reproduce and distribute the Mods and in object code form solely to licensed end users of the Game, and (ii) reproduce and distribute Derivative Works in object code form, solely to
2 licensed end users of the Game. Any distribution of either Mods or Derivative works is wholly contingent upon the releases being available to players without charge and on a non-commercial basis. You are prohibited from reproducing or distributing the modified version of the Game-you may only distribute the object code of the Mods or Derivative Works. It is understood that Mods or Derivative Works of the Game may only be distributed on a non-commercial basis, and in no event are you authorized to commercialize the same without New Blood’s express written consent (and the NFLs)
What this means: We want you to have fun with the game and we want to give players the opportunity to make the game even crazier. To do that we're prepared to allow you use of proprietary Unity based modding tools for DUSK. We also want you to make those mods available to other players who have purchased the game. However, since we own the game and provide the tools you'll be using, we can't allow you to make a profit from those mods (unless we make a deal). We also can't allow you to release or distribute modifications that are functional on un-licensed or pirated versions of the game. You can
distribute them for free through Steam Workshop or similar platforms to those who have lawfully purchased the Game, but you cannot reproduce or distribute the modified version of the Game or any part of the original work. Mods may not be used to enable the distribution of un-licensed or pirated versions of the game.
e. By playing DUSK you agree that New Blood may collect personally identifiable information from you for purposes related to your use of our products and services and that some personally identifiable information provided by you may be stored outside the country in which you reside.
What this means: We may ask for certain information when you create your account (whether through surveys or your own user feedback) We’ll do our best to keep that information secure, but please bear in mind that you share your information at your own risk.
4. CODE OF CONDUCT. You agree that you will comply with the following code of conduct. Failure to comply may result in account termination, John Connor.
a. Treat others as you would like to be treated and respect fellow players. Harassment, racism, sexism, obscene or vulgar behavior, spamming, trolling, taunting, baiting, bullying, or otherwise being a fuckhead and engaging in behavior that keeps your fellow players from enjoying the game is strictly prohibited.
b. Do not share your account information with anyone. You are the asshole in charge of your own destiny.
c. Report all issues, bugs, exploits, or other problems or reasons for concern that you come across. If you find something you suspect is a bug or design issue, try to gather steps to reproduce the issue and report it (especially if it is not on the known issues list). In addition, if you feel someone is not following the Code of Conduct, you can and should report it. IF YOU SEE SOMETHING SAY SOMETHING (but snitches get stitches)
d. If you find a bug or exploit that gives you or another player an unfair advantage, report it. Do not keep that information to yourself in the hopes that you will be able to use said exploit in the commercial release. Using an exploit (except to comply with item c., above) is grounds for a paddlin'.
e. Do not attempt to hack, modify, decompile, or manipulate the Game’s data files. This is already prohibited by the License Terms, but it bears repeating.
5. INDEPENDENT ORIGIN. All characters, events, and portrayals contained in the Game are purely fictional and any resemblance to real events or real individuals (except Dave) whether alive or dead is purely coincidental. We do not claim any rights or interest in or to existing trademarks, trade names, personalities or likenesses that may incidentally resemble an existing product, service, or person. Especially you. You're not special.
What this means: We do our level best to avoid these situations, but sometimes coincidences happen. If you share the name of one of our characters, we’re not stalking you—it really was a coincidence. Unless your name is DuskDude. In which case, oof.
6. DISCLAIMER. ALL INFORMATION, CONTENT, SERVICES, AND MATERIAL AVAILABLE IN THE GAME AND RELATED SOFTWARE ARE PROVIDED ON AN “AS IS” BASIS. TO THE FULL EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT
THE NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT.
WHAT THIS MEANS: WE DO OUR BEST TO MAKE THE HIGHEST QUALITY GAMES OUT THERE, BUT WE CAN’T GUARANTEE THAT YOUR COPY ISN’T DEFECTIVE. THIS IS BOLD BECAUSE IT’S IMPORTANT—THERE IS NO WARRANTY TO THIS GAME, SO YOU PURCHASE AND DOWNLOAD AT YOUR OWN RISK. WE DO NOT GUARANTEE THAT THE COPY OF THE GAME YOU’VE PURCHASED IS BUG FREE, OR EVEN FUNCTIONAL ON YOUR SYSTEM. BUT YOU'RE NOT GONNA READ THIS AND WE ALREADY GOT YO MONEY, SUCKA.
7. NO WARRANTIES. IN ADDITION, NEW BLOOD AND ITS LICENSORS AND DISTRIBUTORS DISCLAIM ANY AND ALL WARRANTIES WITH RESPECT TO THE PRIVACY AND INTEGRITY OF THE COMPUTER RESOURCES YOU USE TO OPERATE THE SOFTWARE. NEITHER WE NOR OUR LICENSORS OR DISTRIBUTORS SHALL BE LIABLE FOR ANY DISRUPTIONS, DELAYS OR OTHER OMISSIONS IN ANY CONNECTION, DATA EXCHANGE OR OTHER
INTERACTION THAT YOU MAY EXPERIENCE WHEN YOU USE THE GAME, REGARDLESS OF CAUSE (I.E., ANY SYSTEM FAILURE, SERVER ACCESS LOSS, OR DATA BREACH RESULTING FROM ANY CAUSE, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, NATURE OR OTHER CAUSES (BY WAY OF EXAMPLE, BUT BY NO MEANS A LIMITATION OF THE FOREGOING, EVENTS SUCH AS WAR, EMBARGO, ALIEN ABDUCTION, HOSTILE DOMINATION BY UNKNOWN SENTIENT LIFE FORMS, OR ANY BACTERIA, VIRUS, TRIADS, YAKUZA, HELLS ANGELS, YO MOMMA, THE MAFIA OR ANY OTHER UNKNOWN
INFECTION OR PATHOGEN THAT RESULTS IN ANY COMMUNICABLE DISEASE THAT CAUSES LIFE TERMINATION AND THE SUBSEQUENT REANIMATION OF BODILY FUNCTIONS ACCOMPANIED BY LIMITED BRAIN ACTIVITY. NEITHER WE NOR OUR LICENSORS OR DISTRIBUTORS SHALL BE RESPONSIBLE FOR THE CONDUCT OF ANY USERS OR COMPUTERS THAT CONNECT (INCLUDING THOSE INFECTED BY THE ABOVE REFERENCED NONSENSE), EXCHANGE DATA, OR OTHERWISE INTERACT WITH YOU OR YOUR COMPUTER AS A RESULT OF YOUR USE OF THE GAME. WHAT THIS MEANS: WE’RE NOT MAKING ANY WARRANTIES OR GUARANTEES REGARDING THE INFORMATION COLLECTED THROUGH OUR MULTIPLAYER SYSTEMS. HOWEVER, WE GENERALLY ONLY USE THIS INFORMATION TO IMPROVE THE GAME. WE CANNOT WARRANT OR GUARANTEE THAT YOU’LL LIVE.
8. LIMITED WARRANTY FOR PRODUCT PURCHASED AS A PHYSICAL MEDIUM. If you purchased DUSK as a physical medium (CD, cartridge, laserdisc, VHS or DVD), this Section 8 is applicable to you:
New Blood warrants that the physical medium containing the Game shall be free from defects in material and workmanship for a period of ninety (90) days from the date of your purchase of such medium. In the event that the medium containing the Game proves to be defective during that time period, New Blood will, at New Blood’s option, free of charge, (a) correct any defect, (b) replace the Game, (c) substitute a similar Game of equal or greater value (in the event the Game is not longer being manufactured by New Blood or available in New Blood’s inventory), or (d) refund your money when you present New Blood with written proof of purchase of the defective medium. THIS IS YOUR SOLE AND EXCLUSIVE REMEDY FOR THE EXPRESS WARRANTY
SET FORTH IN THIS SECTION. When returning the Game for warranty replacement please send the original Game disc, cartridge or DVD, as applicable, only in protective packaging and include: (1) a photocopy of your dated sales receipt; (2) your name and return address typed or clearly printed; (3) a brief note describing the defect, the problem(s) you are encountering and the
hardware and system on which you are running the Game.
What this means: We hope you are able to enjoy our games trouble-free. However, if you do purchase a disc copy of our game and you find a defect in your purchase, we may elect to repair, replace, substitute, or refund you for your purchase at no cost to you. If we do, you understandthat our decision to replace, repair, substitute or refund is the extent of your available remedies under this agreement.
9. LIMITATION OF LIABILITY. YOUR PURCHASE AND USE OF THE GAME IS AT YOUR OWNRISK. WE DO NOT WARRANT THAT YOUR ABILITY TO PLAY THE GAME WILL BE TIMELY,SECURE, UNINTERRUPTED OR DEFECT-FREE. IN NO EVENT WILL NEW BLOOD (INCLUDING ITS OFFICERS, DIRECTORS, PERSONNEL, AGENTS, OR EMPLOYEES) NOR ITS AFFILIATES BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF BUSINESS, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE OR LOSS OF DATA, OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT ARISING IN ANY WAY OUT OF PURCHASE OR USE OF THE GAME. WHAT THIS MEANS: SINCE YOU KNOW THERE IS NO WARRANTY OR GUARANTEE REGARDING THE GAME, YOU’RE ASSUMING THE RISK IN PURCHASING AND DOWNLOADING IT. WE ALSO CAN’T GUARANTEE THAT OUR SITE WON’T GET HACKED AND THE COPY YOU’VE DOWNLOADED IS NOTHING MORE THAN A VIRUS, AND WE WON’T BE LIABLE TO YOU IF THAT HAPPENS. YOU CAN’T HOLD US LIABLE FOR LEGAL DAMAGES IF THE COPY OF THE GAME YOU’VE DOWNLOADED CRASHES YOUR SYSTEM, DOESN’T FUNCTION, OR SENDS YOU TO SOME CRAZY FETISH SITE—WE’LL DO OUR BEST TO KEEP IT FROM HAPPENING, BUT SOFTWARE IS NEVER A RISK FREE PRODUCT.
10. DISPUTE RESOLUTION: You agree to follow this Agreement’s dispute resolution policy as set forth below in connection with any potential claims or disputes arising from your purchase and use of the Game:
a. Informal Negotiations. Parties to a dispute concerning this Agreement or purchase and use of the Game will attempt to informally negotiate a potential settlement or resolution to the dispute.
b. Online Arbitration. In the event that informal negotiations are unsuccessful, the parties agree to follow the American Arbitration Association’s online arbitration procedures to resolve the dispute.
c. Binding Arbitration. If for any reason online arbitration is unsuccessful or unavailable to the parties, parties agree to submit to binding arbitration in the State of California.
d. You and New Blood agree that any arbitration shall be limited to the claim between New Blood and you individually. YOU AND NEW BLOOD AGREE THAT (A) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (B) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (C) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER. DON'T SUE US.
What this means: Arbitration is cheaper and easier than litigation. If there’s a dispute, we want to resolve it in the cheapest and most efficient way possible—this benefits both you, the user, and us. If you have a problem with our Game we welcome you to provide feedback. If the matter is significant enough, mediation and arbitration are our first steps in resolving that matter. Additionally, if violate the license terms of this Agreement, our first steps will be through arbitration. All arbitration is personal—you can’t bring a class action claim to arbitration.
11. NO WAIVER. Our failure to enforce at any time any of the provisions of this Agreement or related agreements shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the right of any party to enforce each and every such provision. The express waiver by New Blood of any provision, condition or requirement of this Agreement or related agreements shall not constitute a waiver of any future obligation to comply with such provision,
condition or requirement.
What this means: If you break any of the license terms of this agreement and we don’t pursue it, we still retain the right to pursue it in the future, and not pursuing doesn’t make it okay to continue breaking the rules. Even if we don’t go after every breach of this Agreement, we reserve to right to enforce the Agreement for any breach.
12. MISCELLENEOUS PROVISIONS. The parties additionally agree to the following:
a. Jurisdiction and Choice of Law. The validity, interpretation, and performance of this Agreement are governed and controlled by the laws and regulations of the State of California. In the event of a dispute you agree to submit to the personal and exclusive jurisdiction of the State and Federal Courts of California.
What this means: If there is a dispute, that dispute will be resolved in California. You’re agreeing that your sole means of remedy is placed in the hands of the California courts; additionally, you’re agreeing that California not only governs this document but governs your actions in connection with this license. And Arnold is still governor in our hearts.
b. Severability. If any portion of this Agreement is found invalid by any competent Court of Law, the invalidity will not affect other provisions or applications of the remainder of this Agreement which can be given effect without the invalid portion.
What this means: If a court determines that any part of this Agreement isn’t legal or enforceable, the rest of the Agreement that IS legal and enforceable remains in force. The entirety and enforceability of this license doesn’t hinge on the enforceability of any one particular provision.
c. Notification of Changes to this Agreement. We may from time to time change this agreement. You agree that notification to you of these changes will be effective upon updating the EULA in an update of the Game or on the Game web site.
What this means: this Agreement may change at any time. When it does, we will notify you through our website. Or not. Nobody reads these things anyway, lol.
d. Prior Versions. This Agreement constitutes the full understanding of your agreement with us. Any prior versions of this document have no effect on this Agreement. What this means: Only this version of the Agreement is binding. Prior versions are no longer enforceable.
e. Assignment. This Agreement, may be assigned by New Blood to any third party at our sole discretion. You may permanently transfer all of your rights under this License to a recipient, provided that the recipient agrees to the terms of this License and you remove the Program from your computer.
What this means: Studios and/or their game properties get bought out from time to time. If that happens, this Agreement will still be enforceable by the third party who assumes ownership over us or the Game.
f. Legal Fees. In the event that either party is required to obtain the assistance of an attorney in order to enforce the terms of this Agreement, the Party prevailing in such an enforcement action will be entitled to recovery of all reasonable attorney’s fees in connection with such action. What this means: Attorneys aren’t cheap. If you violate this Agreement, in addition to other damages, you may be liable for our attorney fees. Get rekt noob.
g. Survival. The following sections shall remain in full force and effect after the expiration or termination of this Agreement: 1, 3, 5, 6, 7, 8, 9-12
THE END.
This is the End User License Agreement (“Agreement”) for “DUSK”. Please read through this document carefully. By creating an account, copying, installing, downloading, or otherwise using this game software, you agree that you understand, accept, and comply with the terms set forth below. Failure to comply with these terms may result in enforcement actions against you. If you need clarification, explanations for the terms are italicized below.
This Agreement is the binding legal agreement between you, the individual end user (“you”), and New Blood Interactive LLC (“New Blood”, “we”, “us”), a California Limited Liability Corporation, for the download and use of the game “DUSK” (“Game”). For purposes of this Agreement the “Game” means collectively the interactive video game client “DUSK”, any user account(s) created by you, and all applicable client software (including, among other things, installer software, the game client, launcher software, and download management software) that you will or have installed on your computer, including all printed materials, digital or electronic documentation obtained by you through our website, or by any other distribution channels now known or hereafter devised, regardless of the legal standing of that distributor.
1. LICENSE. New Blood retains exclusive rights for any and all of any and all State, Federal, and International intellectual property and proprietary rights in and to the Game and all copies of the Game, including and without limitation all copyrights, inventions, trademark rights, trade secret rights, trade dress rights, and any and all other intellectual property and proprietary rights embodied in or derived from the Game. We prohibit the copying, reproduction, and circumvention of technology of the Game beyond the terms of this license. The Game is licensed to you, as opposed to being sold or assigned to you, and your continued legal use of the Game is contingent upon your compliance with this Agreement and the License Terms set forth below.
2. What this means: Although you own a copy of the Game, the underlying rights still belong to the developer, us, and your use of your copy is limited to the terms of the license. If you exceed the rights granted in this license, you’re committing copyright infringement, which is illegal and could put you at risk of legal action against you.
3. LICENSE TERMS. New Blood hereby grant you a non-exclusive, revocable, non-transferrable, and limited right to license one copy of the Game for your personal, non-commercial use. Continued use of the Game is contingent upon your compliance with the following:
a. Except as otherwise set forth herein pursuant to Subsection 2(d), you may not modify,distribute, transmit, display, perform, reproduce (except for one archival and backup copyas permitted by applicable laws), publish, license, create derivative works from, adapt,translate, sublicense, auction, rent, lease or sell all or any part of the Game. In addition,
you may not reverse engineer, decompile, or disassemble any part of the Game. All rights not expressly granted are reserved by us. You agree that you have no interest, monetary or otherwise, in any feature, content, or intellectual property contained in the Game.
What this means: Selling or giving away the Game isn’t allowed. This includes sharing your account information. Additionally, reverse engineering or using/adapting any part of the Game’s code or other content for commercial or redistribution purposes isn’t permitted.
b. You must abide by the Code of Conduct set forth in Section 4 of this Agreement. Failure to comply with the Code of Conduct will result in the revocation of all rights set forth herein. Any breach substantial enough to cause harm to New Blood or a third party may be accompanied by the application of any and all legal rights and claims reserved by New
Blood herein. What this means: Follow the rules. If we learn that you’ve broken the rules we have the right to terminate your account, bro.
c. Absent a valid distribution Agreement between you and New Blood, you may not make the Game available on any third party network, FTP, internet website, torrent site, filesharing service, intranet, or “cloud”, whereby individuals other than you may download and install the Game. You further agree that you will not link to any such third party network, torrent, FTP, file-sharing service, intranet, or “cloud” that is not legally owned by New Blood or its distributors.
What this means: Redistribution of the Game without a license to do so is considered piracy, which is illegal under Federal and International law. This license is not a license for redistribution, so if you distribute the Game you’re violating this license, dickhead. And as stated before, that’s copyright infringement, or piracy. The most popular means of piracy is through digital distribution, such as torrent clients or other file-sharing services. We want to continue providing worthwhile content for our users, but we can’t do it if our games are pirated—we need to eat, too, and we can’t make money off of pirated software. Seriously. Don't be that guy. Yarrrrrr.
d. We may make available, or have others make available, modding tools or other tools for player modification purposes (herein the “Software Development Kit” or “SDK”). These tools are considered proprietary assets in and to the game (“Game Assets”) and are in and of themselves subject to the same licensing restrictions set forth in this Agreement, provided the following: Players may use the SDK or other modding tools provided by us or authorized by us solely for the purpose of creating non-commercial modifications to and derivative works of the Game. Unless otherwise provided in this EULA, you may use the SDK and modding tools for non-commercial purposes, and solely to develop a modified version of DUSK compatible with the lawfully purchased and licensed original source engine of the Game ("Mod"), or to create derivative works of the Game's content (such as new levels, in-game items, and audio-visual inclusions) that are also solely compatible with a legally purchased and licensed version of the original Game ("Derivative Works"). Except as otherwise set forth in this EULA, you may (i) reproduce and distribute the Mods and in object code form solely to licensed end users of the Game, and (ii) reproduce and distribute Derivative Works in object code form, solely to
2 licensed end users of the Game. Any distribution of either Mods or Derivative works is wholly contingent upon the releases being available to players without charge and on a non-commercial basis. You are prohibited from reproducing or distributing the modified version of the Game-you may only distribute the object code of the Mods or Derivative Works. It is understood that Mods or Derivative Works of the Game may only be distributed on a non-commercial basis, and in no event are you authorized to commercialize the same without New Blood’s express written consent (and the NFLs)
What this means: We want you to have fun with the game and we want to give players the opportunity to make the game even crazier. To do that we're prepared to allow you use of proprietary Unity based modding tools for DUSK. We also want you to make those mods available to other players who have purchased the game. However, since we own the game and provide the tools you'll be using, we can't allow you to make a profit from those mods (unless we make a deal). We also can't allow you to release or distribute modifications that are functional on un-licensed or pirated versions of the game. You can
distribute them for free through Steam Workshop or similar platforms to those who have lawfully purchased the Game, but you cannot reproduce or distribute the modified version of the Game or any part of the original work. Mods may not be used to enable the distribution of un-licensed or pirated versions of the game.
e. By playing DUSK you agree that New Blood may collect personally identifiable information from you for purposes related to your use of our products and services and that some personally identifiable information provided by you may be stored outside the country in which you reside.
What this means: We may ask for certain information when you create your account (whether through surveys or your own user feedback) We’ll do our best to keep that information secure, but please bear in mind that you share your information at your own risk.
4. CODE OF CONDUCT. You agree that you will comply with the following code of conduct. Failure to comply may result in account termination, John Connor.
a. Treat others as you would like to be treated and respect fellow players. Harassment, racism, sexism, obscene or vulgar behavior, spamming, trolling, taunting, baiting, bullying, or otherwise being a fuckhead and engaging in behavior that keeps your fellow players from enjoying the game is strictly prohibited.
b. Do not share your account information with anyone. You are the asshole in charge of your own destiny.
c. Report all issues, bugs, exploits, or other problems or reasons for concern that you come across. If you find something you suspect is a bug or design issue, try to gather steps to reproduce the issue and report it (especially if it is not on the known issues list). In addition, if you feel someone is not following the Code of Conduct, you can and should report it. IF YOU SEE SOMETHING SAY SOMETHING (but snitches get stitches)
d. If you find a bug or exploit that gives you or another player an unfair advantage, report it. Do not keep that information to yourself in the hopes that you will be able to use said exploit in the commercial release. Using an exploit (except to comply with item c., above) is grounds for a paddlin'.
e. Do not attempt to hack, modify, decompile, or manipulate the Game’s data files. This is already prohibited by the License Terms, but it bears repeating.
5. INDEPENDENT ORIGIN. All characters, events, and portrayals contained in the Game are purely fictional and any resemblance to real events or real individuals (except Dave) whether alive or dead is purely coincidental. We do not claim any rights or interest in or to existing trademarks, trade names, personalities or likenesses that may incidentally resemble an existing product, service, or person. Especially you. You're not special.
What this means: We do our level best to avoid these situations, but sometimes coincidences happen. If you share the name of one of our characters, we’re not stalking you—it really was a coincidence. Unless your name is DuskDude. In which case, oof.
6. DISCLAIMER. ALL INFORMATION, CONTENT, SERVICES, AND MATERIAL AVAILABLE IN THE GAME AND RELATED SOFTWARE ARE PROVIDED ON AN “AS IS” BASIS. TO THE FULL EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT
THE NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT.
WHAT THIS MEANS: WE DO OUR BEST TO MAKE THE HIGHEST QUALITY GAMES OUT THERE, BUT WE CAN’T GUARANTEE THAT YOUR COPY ISN’T DEFECTIVE. THIS IS BOLD BECAUSE IT’S IMPORTANT—THERE IS NO WARRANTY TO THIS GAME, SO YOU PURCHASE AND DOWNLOAD AT YOUR OWN RISK. WE DO NOT GUARANTEE THAT THE COPY OF THE GAME YOU’VE PURCHASED IS BUG FREE, OR EVEN FUNCTIONAL ON YOUR SYSTEM. BUT YOU'RE NOT GONNA READ THIS AND WE ALREADY GOT YO MONEY, SUCKA.
7. NO WARRANTIES. IN ADDITION, NEW BLOOD AND ITS LICENSORS AND DISTRIBUTORS DISCLAIM ANY AND ALL WARRANTIES WITH RESPECT TO THE PRIVACY AND INTEGRITY OF THE COMPUTER RESOURCES YOU USE TO OPERATE THE SOFTWARE. NEITHER WE NOR OUR LICENSORS OR DISTRIBUTORS SHALL BE LIABLE FOR ANY DISRUPTIONS, DELAYS OR OTHER OMISSIONS IN ANY CONNECTION, DATA EXCHANGE OR OTHER
INTERACTION THAT YOU MAY EXPERIENCE WHEN YOU USE THE GAME, REGARDLESS OF CAUSE (I.E., ANY SYSTEM FAILURE, SERVER ACCESS LOSS, OR DATA BREACH RESULTING FROM ANY CAUSE, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, NATURE OR OTHER CAUSES (BY WAY OF EXAMPLE, BUT BY NO MEANS A LIMITATION OF THE FOREGOING, EVENTS SUCH AS WAR, EMBARGO, ALIEN ABDUCTION, HOSTILE DOMINATION BY UNKNOWN SENTIENT LIFE FORMS, OR ANY BACTERIA, VIRUS, TRIADS, YAKUZA, HELLS ANGELS, YO MOMMA, THE MAFIA OR ANY OTHER UNKNOWN
INFECTION OR PATHOGEN THAT RESULTS IN ANY COMMUNICABLE DISEASE THAT CAUSES LIFE TERMINATION AND THE SUBSEQUENT REANIMATION OF BODILY FUNCTIONS ACCOMPANIED BY LIMITED BRAIN ACTIVITY. NEITHER WE NOR OUR LICENSORS OR DISTRIBUTORS SHALL BE RESPONSIBLE FOR THE CONDUCT OF ANY USERS OR COMPUTERS THAT CONNECT (INCLUDING THOSE INFECTED BY THE ABOVE REFERENCED NONSENSE), EXCHANGE DATA, OR OTHERWISE INTERACT WITH YOU OR YOUR COMPUTER AS A RESULT OF YOUR USE OF THE GAME. WHAT THIS MEANS: WE’RE NOT MAKING ANY WARRANTIES OR GUARANTEES REGARDING THE INFORMATION COLLECTED THROUGH OUR MULTIPLAYER SYSTEMS. HOWEVER, WE GENERALLY ONLY USE THIS INFORMATION TO IMPROVE THE GAME. WE CANNOT WARRANT OR GUARANTEE THAT YOU’LL LIVE.
8. LIMITED WARRANTY FOR PRODUCT PURCHASED AS A PHYSICAL MEDIUM. If you purchased DUSK as a physical medium (CD, cartridge, laserdisc, VHS or DVD), this Section 8 is applicable to you:
New Blood warrants that the physical medium containing the Game shall be free from defects in material and workmanship for a period of ninety (90) days from the date of your purchase of such medium. In the event that the medium containing the Game proves to be defective during that time period, New Blood will, at New Blood’s option, free of charge, (a) correct any defect, (b) replace the Game, (c) substitute a similar Game of equal or greater value (in the event the Game is not longer being manufactured by New Blood or available in New Blood’s inventory), or (d) refund your money when you present New Blood with written proof of purchase of the defective medium. THIS IS YOUR SOLE AND EXCLUSIVE REMEDY FOR THE EXPRESS WARRANTY
SET FORTH IN THIS SECTION. When returning the Game for warranty replacement please send the original Game disc, cartridge or DVD, as applicable, only in protective packaging and include: (1) a photocopy of your dated sales receipt; (2) your name and return address typed or clearly printed; (3) a brief note describing the defect, the problem(s) you are encountering and the
hardware and system on which you are running the Game.
What this means: We hope you are able to enjoy our games trouble-free. However, if you do purchase a disc copy of our game and you find a defect in your purchase, we may elect to repair, replace, substitute, or refund you for your purchase at no cost to you. If we do, you understandthat our decision to replace, repair, substitute or refund is the extent of your available remedies under this agreement.
9. LIMITATION OF LIABILITY. YOUR PURCHASE AND USE OF THE GAME IS AT YOUR OWNRISK. WE DO NOT WARRANT THAT YOUR ABILITY TO PLAY THE GAME WILL BE TIMELY,SECURE, UNINTERRUPTED OR DEFECT-FREE. IN NO EVENT WILL NEW BLOOD (INCLUDING ITS OFFICERS, DIRECTORS, PERSONNEL, AGENTS, OR EMPLOYEES) NOR ITS AFFILIATES BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF BUSINESS, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE OR LOSS OF DATA, OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT ARISING IN ANY WAY OUT OF PURCHASE OR USE OF THE GAME. WHAT THIS MEANS: SINCE YOU KNOW THERE IS NO WARRANTY OR GUARANTEE REGARDING THE GAME, YOU’RE ASSUMING THE RISK IN PURCHASING AND DOWNLOADING IT. WE ALSO CAN’T GUARANTEE THAT OUR SITE WON’T GET HACKED AND THE COPY YOU’VE DOWNLOADED IS NOTHING MORE THAN A VIRUS, AND WE WON’T BE LIABLE TO YOU IF THAT HAPPENS. YOU CAN’T HOLD US LIABLE FOR LEGAL DAMAGES IF THE COPY OF THE GAME YOU’VE DOWNLOADED CRASHES YOUR SYSTEM, DOESN’T FUNCTION, OR SENDS YOU TO SOME CRAZY FETISH SITE—WE’LL DO OUR BEST TO KEEP IT FROM HAPPENING, BUT SOFTWARE IS NEVER A RISK FREE PRODUCT.
10. DISPUTE RESOLUTION: You agree to follow this Agreement’s dispute resolution policy as set forth below in connection with any potential claims or disputes arising from your purchase and use of the Game:
a. Informal Negotiations. Parties to a dispute concerning this Agreement or purchase and use of the Game will attempt to informally negotiate a potential settlement or resolution to the dispute.
b. Online Arbitration. In the event that informal negotiations are unsuccessful, the parties agree to follow the American Arbitration Association’s online arbitration procedures to resolve the dispute.
c. Binding Arbitration. If for any reason online arbitration is unsuccessful or unavailable to the parties, parties agree to submit to binding arbitration in the State of California.
d. You and New Blood agree that any arbitration shall be limited to the claim between New Blood and you individually. YOU AND NEW BLOOD AGREE THAT (A) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (B) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (C) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER. DON'T SUE US.
What this means: Arbitration is cheaper and easier than litigation. If there’s a dispute, we want to resolve it in the cheapest and most efficient way possible—this benefits both you, the user, and us. If you have a problem with our Game we welcome you to provide feedback. If the matter is significant enough, mediation and arbitration are our first steps in resolving that matter. Additionally, if violate the license terms of this Agreement, our first steps will be through arbitration. All arbitration is personal—you can’t bring a class action claim to arbitration.
11. NO WAIVER. Our failure to enforce at any time any of the provisions of this Agreement or related agreements shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the right of any party to enforce each and every such provision. The express waiver by New Blood of any provision, condition or requirement of this Agreement or related agreements shall not constitute a waiver of any future obligation to comply with such provision,
condition or requirement.
What this means: If you break any of the license terms of this agreement and we don’t pursue it, we still retain the right to pursue it in the future, and not pursuing doesn’t make it okay to continue breaking the rules. Even if we don’t go after every breach of this Agreement, we reserve to right to enforce the Agreement for any breach.
12. MISCELLENEOUS PROVISIONS. The parties additionally agree to the following:
a. Jurisdiction and Choice of Law. The validity, interpretation, and performance of this Agreement are governed and controlled by the laws and regulations of the State of California. In the event of a dispute you agree to submit to the personal and exclusive jurisdiction of the State and Federal Courts of California.
What this means: If there is a dispute, that dispute will be resolved in California. You’re agreeing that your sole means of remedy is placed in the hands of the California courts; additionally, you’re agreeing that California not only governs this document but governs your actions in connection with this license. And Arnold is still governor in our hearts.
b. Severability. If any portion of this Agreement is found invalid by any competent Court of Law, the invalidity will not affect other provisions or applications of the remainder of this Agreement which can be given effect without the invalid portion.
What this means: If a court determines that any part of this Agreement isn’t legal or enforceable, the rest of the Agreement that IS legal and enforceable remains in force. The entirety and enforceability of this license doesn’t hinge on the enforceability of any one particular provision.
c. Notification of Changes to this Agreement. We may from time to time change this agreement. You agree that notification to you of these changes will be effective upon updating the EULA in an update of the Game or on the Game web site.
What this means: this Agreement may change at any time. When it does, we will notify you through our website. Or not. Nobody reads these things anyway, lol.
d. Prior Versions. This Agreement constitutes the full understanding of your agreement with us. Any prior versions of this document have no effect on this Agreement. What this means: Only this version of the Agreement is binding. Prior versions are no longer enforceable.
e. Assignment. This Agreement, may be assigned by New Blood to any third party at our sole discretion. You may permanently transfer all of your rights under this License to a recipient, provided that the recipient agrees to the terms of this License and you remove the Program from your computer.
What this means: Studios and/or their game properties get bought out from time to time. If that happens, this Agreement will still be enforceable by the third party who assumes ownership over us or the Game.
f. Legal Fees. In the event that either party is required to obtain the assistance of an attorney in order to enforce the terms of this Agreement, the Party prevailing in such an enforcement action will be entitled to recovery of all reasonable attorney’s fees in connection with such action. What this means: Attorneys aren’t cheap. If you violate this Agreement, in addition to other damages, you may be liable for our attorney fees. Get rekt noob.
g. Survival. The following sections shall remain in full force and effect after the expiration or termination of this Agreement: 1, 3, 5, 6, 7, 8, 9-12
THE END.