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Last updated: 17th January 2018
The following terms of service and EULA constitute an agreement between you and Ľuboš Duda and/or any of its affiliates (“LD”).
Please read this End-User License Agreement ("EULA") carefully before clicking the "I Agree" or the “I Confirm” or the “I Accept” button, downloading or using Hexed ("Application").
All services made available by LD are referred to as “Services”; these include but are not limited to services accessed via games, services accessed/used by means of a browser or by any other online communication method/technology.
By clicking the "I Agree" or the “I Confirm” or the “I Accept” button, downloading or using the Application, using Services, you are agreeing to be bound by the terms and conditions of this EULA.
If you do not agree to the terms of this EULA, do not click on the "I Agree" or the “I Confirm” or the “I Accept” button and do not download or use the Application, and do not use Services that are only made available to you as long as you agree to the terms on this EULA.
The purpose of this EULA is to govern your use of Application and Services. Application and Services are collectively referred to as “LD Services”.
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LD grants you a revocable, non-exclusive, non-transferable, limited rights and license: (i) to download, install and use the Application for your personal non-commercial use for gameplay within a single Steam subscriber account; or (ii) to download, install and use the Application for your personal non-commercial use for gameplay on a single computer or other device unless otherwise specified in the Application documentation, strictly in accordance with the terms of this EULA.
THE APPLICATION IS NOT SOLD, IT IS LICENSED. BY INSTALLING, DOWNLOADING OR USING THE APPLICATION, AND/OR BY ACCESSING OR USING THE SERVICES OR ANY CONTENT INCLUDED IN OR WITH THE LD SERVICES, YOU HEREBY ACCEPT THE TERMS SET BY THIS EULA. YOU ALSO HEREBY ACKNOWLEDGE THAT NO TITLE OR OWNERSHIP IN THE LD SERVICES IS BEING ASSIGNED TO YOU, AND THAT LD HOLDS ALL THE RIGHTS AND OWNERSHIP.
ALL RIGHTS GRANTED TO YOU BY THIS EULA ARE STRICTLY A SUBJECT TO YOUR COMPLETE COMPLIANCE WITH THIS EULA.
1.1 License term
The term of your license(s) under this EULA commences on the date you accept this EULA and/or (i) download, install or use the Application; (ii) or access or use Services made available to you by LD as long as you accept this EULA. The term of your license(s) under this EULA ends/terminates on the earliest of following dates: (i) the date of your disposal of the Application; (ii) or the date of your disposal and/or termination of use of the Services; (iii) or the date of LD’s termination of this EULA. Your license(s) terminate(s) with an immediate effect if you in any form or by any method attempt or succeed to: (i) amend or copy and reuse any part of the LD Services and/or any content or materials included in or with any of the LD Services; (ii) or reverse-engineer any part of the LD Services and/or any content or materials included in or with any of the LD Services; (iii) or plagiarise any part of the LD Services and/or any content or materials included in or with any of the LD Services; (iii) or use any part of the LD Services and/or any content or materials included in or with any of the LD Services for other than your personal non-commercial use.
ANY BREACH OF THE TERMS HEREIN SET BY THIS EULA EFFECTIVELY AND WITH AN IMMEDIATE EFFECT TERMINATES ALL LICENSES GRANTED TO YOU BY THIS EULA.
LD may, in its sole discretion, at any time and for any or no reason, suspend or terminate this EULA with or without prior notice.
Upon termination of this EULA, you shall cease all use of the Application and delete all copies of the Application from your computer(s) or device(s).
1.2 General license conditions
The LD Services may allow you to create content, including: (a) gameplay screenshots of the Application; and/or (b) gameplay videos of the Application. Any such content created by you and in any way published or made available to the public domain via the Internet or any other publicly or privately accessible networks or means, or made available to LD or the LD Services via measures provided by either LD Services or the Steam platform, is collectively referred to as “Your Content”. You hereby grant LD an exclusive, irrevocable, royalty-free, fully transferable, perpetual and sub-licensable worldwide right and license to use, publish, display, transmit, broadcast, reproduce, copy, modify, perform, distribute, sell, adapt or communicate Your Content by any other means to the public domain for the whole duration of protection granted to intellectual and industrial property rights by applicable international laws, conventions, treaties and legal agreements. You also hereby grant LD an exclusive, irrevocable, royalty-free, fully transferable, perpetual and sub-licensable worldwide right and license to: (i) either remove any part or all of Your Content from the public domain or from any part of the public domain; or (ii) request you to remove or delete or otherwise stop Your Content or any part of Your Content from being publicly accessible and available within the whole public domain or within any specific part of the public domain, and you hereby acknowledge and accept that in such case you would comply with such request(s) and you would act immediately in order to preserve the intellectual property and rights of LD and in order not to harm the interests of LD and the LD Services in any way or method. You hereby waive any moral rights of paternity, reputation, attribution, or publication with respect to Your Content: (i) being used in any herein mentioned or not mentioned way by LD or the LD Services; and/or (ii) being stopped from being used, accessed, or made available via public domain by LD or the LD Services.
Internet connectivity and connection(s) may be required in order to access the LD Services or parts of the LD Services that are internet-based, and hence in order to use certain features or parts of the LD Services, or to enable certain features or parts of the LD Services to operate properly, you may be required to: (a) maintain an adequate internet connection and/or (b) maintain a valid and active Steam subscriber account used with the Steam platform.
You hereby acknowledge that you may not use the LD Services to link, reference, or submit to any content which: (i) is or might be by some perceived as abusive, threatening, hateful, defamatory, offending, spam or spam-like; or (ii) contains objectionable content, or nudity, or content that can be in any way classified as being illegal and/or morally wrong and/or politically incorrect and/or sexually, religiously, racially, or otherwise offensive or objectionable; or (iii) contains copyright or trademarks infringement, or encourages or supports any kind of unlawful or illegal activities, or is in any way in violation with any laws. You also hereby acknowledge that you may not use any mods and/or modifications, hacks and/or cheats, any kind of third party software or measures designed to modify or hack or in any way interfere with the LD Services. You also hereby acknowledge you may not attempt to disrupt or disrupt any part of the LD and/or the LD Services. You also hereby acknowledge that you may not harass, offend, or in any way harm: (i) anyone using the LD Services; and/or (ii) anyone working for or with LD or the LD Services; and/or (iii) LD or the LD Services.
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You hereby acknowledge that LD retains all rights, title and interests in and to the LD Services and /or any part or content or materials included in or with the LD Services unless stated otherwise by documentation set by the LD Services. Applicable laws and treaties throughout the world are protecting the LD Services and all rights of LD and the ownership of the LD Services by LD. All rights not expressly granted to you herein are strictly reserved and retained by LD.
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You agree not to, and you will not permit others to:
a) license, sell, rent, lease, assign, distribute, transmit, host, outsource, rent, lend, disclose or otherwise commercially exploit the Application or make the Application available to any third party
b) reverse-engineer, hack, interfere with, exploit, publish or otherwise allow or enable others to access or examine or use any security measures in use by any of the LD Services
c) reverse-engineer, hack, exploit, publish or otherwise allow or enable others to access or examine or use any part of the software in use by the LD Services and/or any content or materials included in or with the LD Services
YOU HEREBY ACKNOWLEDGE AND FULLY AGREE THAT YOU MAY BRING CLAIMS AGAINST LD ONLY IN YOUR INDIVIDUAL CAPACITY.
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LD reserves the right to modify, suspend or discontinue, temporarily or permanently, the LD Services or any single part of the LD Services, with or without notice and without liability to you. You hereby waive any rights of bringing claims against LD or any partners of LD in relation to any modifications, updates, suspensions, or discontinuing of the LD Services.
--------------------
Certain virtual goods and/or services might be licensed to you to be used within the LD Services. All of the virtual goods and/or services shall be deemed an integral part of the Application or the LD Services. All virtual goods and/or services are licensed to you on personal, non-transferable, revocable, strictly limited and non-sublicensable basis. All virtual goods and/or services made available to you as an end user of the LD Services via this limited licensing are intended to be used, accessed and/or stored by you strictly for non-commercial personal purposes.
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Links or references to third party services may be included within the LD Services, or third party services may be made available to you by LD Services. These services are subject to the respective third party terms and conditions, and these terms and conditions constitute an agreement between you and these third party services, and do NOT constitute an agreement between you and LD in any form, and do NOT constitute an agreement between these third party services and LD in any form.
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If any provision of this EULA is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
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LD reserves the right, at its sole discretion, to modify, add or remove parts of this EULA, or replace this EULA at any time, and any such changes to this EULA will be made available to you via: (i) LD’s publicly accessible website; or (ii) the Steam platform, in which case you as a Steam subscriber will be required to re-accept or re-confirm your agreement with the new or updated EULA before you use the Application. Shall you in any form avoid or omit re-accepting or re-confirming your agreement with a new or updated EULA, and shall you in such case in any way continue to use the Application and/or the LD Services, your continuing use of the LD Services and/or the Application will implicitly mean you re-accepted or re-confirmed your agreement with the new or updated EULA.
If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
--------------------
There are currently no privacy policy or data collection and usage terms specified and enforced by LD, and the only data LD and the LD Services collect, and use, are gameplay-related data. These data are completely anonymous, and are in no way or form user-specific, and are not considered to be sensitive data, and their sole purpose is to help us improve our services and your gameplay experience. You hereby, by accepting this EULA, and/or by downloading, installing, and using the Application, and/or by accessing, and using the Services, express your full consent to these non-sensitive data related to your Application gameplay or use of the LD Services being: (i) collected, stored, and used by LD; and/or (ii) transferred and/or exchanged between LD and partners of LD; and/or (iii) analysed by LD or partners of LD in order to produce gameplay-related or user-experience statistics, and/or improve products and services provided by LD and/or partners of LD.
Shall any future privacy policy be introduced by LD, this policy shall be made available to you and the whole public domain on the LD’s website, and herein by updating this EULA with a link or reference to the privacy policy to be introduced.
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LD AND/OR PARTNERS OF LD ARE IN NO EVENT LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR INDIRECT DAMAGES ARISING FROM OR RELATING TO ACCESS, POSSESSION, USE OR MALFUNCTION OF THE LD SERVICES OR ANY CONTENT OR MATERIALS INCLUDED IN OR WITH THE LD SERVICES, INCLUDING BUT NOT LIMITED TO, DAMAGES TO COMPUTERS OR OTHER USED DEVICES OR SOFTWARE WITHIN COMPUTERS OR SOFTWARE WITHIN OTHER USED DEVICES, COMPUTER OR OTHER USED DEVICES MALFUNCTION AND/OR FAILURE, ANY PUNITIVE DAMAGES THAT MIGHT BE CAUSED BY ACTIONS ARISING OUT OF OR RELATED TO THE LD SERVICES OR THIS EULA, DAMAGES FOR PERSONAL INJURIES AND/OR ILLNESSES AND/OR DISEASES, ANY PROPERTY DAMAGE, LOST PROFITS, OR ANY OTHER HEREIN UNSPECIFIED DAMAGE.
IN NO EVENT SHALL LIABILITY OF LD, AND/OR LIABILITY OF PARTNERS OF LD, OR LIABILITY OF PRINCIPALS OF LD, SHAREHOLDERS OF LD, OFFICERS OF LD, EMPLOYEES OF LD EXCEED THE ACTUAL PRICE PAID BY YOU FOR USE OF THE LD SERVICES OR FIVE BRITISH POUNDS (GBP 5), WHICHEVER IS LESS.
IN NO EVENT SHALL LIABILITY OF ANY OF THE BELOW LISTED ENTITIES EXCEED THE ACTUAL PRICE PAID BY YOU FOR USE OF THE LD SERVICES OR FIVE BRITISH POUNDS (GBP 5), WHICHEVER IS LESS. THE LIST OF ENTITIES THAT ARE APPLICABLE TO THE ABOVE STATED LIABILITY CLAUSE INCLUDES BUT IS NOT LIMITED TO THE FOLLOWING:
a) LD
b) PARTNERS OF LD
c) PRINCIPALS OF LD
d) SHAREHOLDERS OF LD
e) OFFICERS OF LD
f) EMPLOYEES OF LD
g) AFFILIATES OF LD
h) CONTRACTORS OF LD
i) SUBSIDIARIES OF LD
j) PARENT OR SIBLING ORGANISATIONS OF LD
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THE LD SERVICES ARE PROVIDED TO YOU “AS IS”, MEANING THE LD SERVICES ARE PROVIDED OR MADE AVAILABLE TO YOU WITH ALL FAULTS AND WITHOUT A WARRANTY OF ANY KIND. NO GUARANTEES OR PERFORMANCE ASSURANCES ARE MADE BY LD TO YOU AS THE END USER OF THE LD SERVICES. THE ENTIRE RISK OF FITNESS FOR PURPOSE, PERFORMANCE AND SATISFACTORY QUALITY RESIDES ENTIRELY WITH YOU, AND LD IN NO WAY OR FORM GUARANTEES YOUR ABSOLUTE SATISFACTION, OR THE APPLICATION’S FITNESS FOR YOUR INTEDED PURPOSE.
LD AND PARTNERS OF LD HEREBY DISCLAIM AND DO NOT MAKE ANY WARRANTY OF ANY HEREIN MENTIONED OR NOT MENTIONED TYPE OR KIND, INDLUDING WARRANTIES OF UNINTERRUPTED USE, WARRANTIES OF ACCURACCY OF DATA, WARRANTY OF FITNESS FOR PURPOSE, OR NONINFRINGEMENT OF ANY THIRD PARTY RIGHTS. ALSO NO WRITTEN OR ORAL COMMUNICATION BETWEEN YOU AND LD OR BETWEEN YOU AND ANY OF THE PARTNERS OF LD, SHALL CREATE A WARRANTY OF ANY KIND/TYPE.
LD AND PARTNERS OF LD DO NOT WARRANT:
a) THAT YOUR REQUIREMENTS AND EXPECTATIONS WILL BE MET BY THE LD SERVICES
b) THAT THERE WOULD BE NO INTERFERENCE WITH THE LD SERVICES OR WITH YOUR ENJOYMENT OF USING THE LD SERVICES
c) THAT THE LD SERVICES WILL OPERATE WITHOUT ANY INTERRUPTIONS
d) THAT THE LD SERVICES WILL NOT CONTAIN ANY ERRORS OR BUGS
e) THAT THE LD SERVICES WILL BE COMPATIBLE WITH ANY OTHER LD SERVICES PROVIDED BY LD
f) THAT ANY ERRORS IN THE LD SERVICES WILL BE CORRECTED AND/OR ALL ISSUES, BUGS, OR ERRORS WILL BE FULLY RESOLVED
AS SOME JURISDICTIONS DO NOT ALLOW FOR LIMITATION ON OR EXCLUSION OF CERTAIN KINDS OF WARRANTIES OR APPLICABLE CONSUMER RIGHTS, SOME OR ALL OF THE ABOVE WARRANTY LIMITATIONS AND/OR EXCLUSIONS APPLY ONLY TO THE FULLEST APPLICABLE EXTENT PERMITTED BY LAW IN THESE JURISDICTIONS.
--------------------
If you have any questions about this EULA, please contact us.
The following terms of service and EULA constitute an agreement between you and Ľuboš Duda and/or any of its affiliates (“LD”).
Please read this End-User License Agreement ("EULA") carefully before clicking the "I Agree" or the “I Confirm” or the “I Accept” button, downloading or using Hexed ("Application").
All services made available by LD are referred to as “Services”; these include but are not limited to services accessed via games, services accessed/used by means of a browser or by any other online communication method/technology.
By clicking the "I Agree" or the “I Confirm” or the “I Accept” button, downloading or using the Application, using Services, you are agreeing to be bound by the terms and conditions of this EULA.
If you do not agree to the terms of this EULA, do not click on the "I Agree" or the “I Confirm” or the “I Accept” button and do not download or use the Application, and do not use Services that are only made available to you as long as you agree to the terms on this EULA.
The purpose of this EULA is to govern your use of Application and Services. Application and Services are collectively referred to as “LD Services”.
--------------------
1 License
LD grants you a revocable, non-exclusive, non-transferable, limited rights and license: (i) to download, install and use the Application for your personal non-commercial use for gameplay within a single Steam subscriber account; or (ii) to download, install and use the Application for your personal non-commercial use for gameplay on a single computer or other device unless otherwise specified in the Application documentation, strictly in accordance with the terms of this EULA.
THE APPLICATION IS NOT SOLD, IT IS LICENSED. BY INSTALLING, DOWNLOADING OR USING THE APPLICATION, AND/OR BY ACCESSING OR USING THE SERVICES OR ANY CONTENT INCLUDED IN OR WITH THE LD SERVICES, YOU HEREBY ACCEPT THE TERMS SET BY THIS EULA. YOU ALSO HEREBY ACKNOWLEDGE THAT NO TITLE OR OWNERSHIP IN THE LD SERVICES IS BEING ASSIGNED TO YOU, AND THAT LD HOLDS ALL THE RIGHTS AND OWNERSHIP.
ALL RIGHTS GRANTED TO YOU BY THIS EULA ARE STRICTLY A SUBJECT TO YOUR COMPLETE COMPLIANCE WITH THIS EULA.
1.1 License term
The term of your license(s) under this EULA commences on the date you accept this EULA and/or (i) download, install or use the Application; (ii) or access or use Services made available to you by LD as long as you accept this EULA. The term of your license(s) under this EULA ends/terminates on the earliest of following dates: (i) the date of your disposal of the Application; (ii) or the date of your disposal and/or termination of use of the Services; (iii) or the date of LD’s termination of this EULA. Your license(s) terminate(s) with an immediate effect if you in any form or by any method attempt or succeed to: (i) amend or copy and reuse any part of the LD Services and/or any content or materials included in or with any of the LD Services; (ii) or reverse-engineer any part of the LD Services and/or any content or materials included in or with any of the LD Services; (iii) or plagiarise any part of the LD Services and/or any content or materials included in or with any of the LD Services; (iii) or use any part of the LD Services and/or any content or materials included in or with any of the LD Services for other than your personal non-commercial use.
ANY BREACH OF THE TERMS HEREIN SET BY THIS EULA EFFECTIVELY AND WITH AN IMMEDIATE EFFECT TERMINATES ALL LICENSES GRANTED TO YOU BY THIS EULA.
LD may, in its sole discretion, at any time and for any or no reason, suspend or terminate this EULA with or without prior notice.
Upon termination of this EULA, you shall cease all use of the Application and delete all copies of the Application from your computer(s) or device(s).
1.2 General license conditions
The LD Services may allow you to create content, including: (a) gameplay screenshots of the Application; and/or (b) gameplay videos of the Application. Any such content created by you and in any way published or made available to the public domain via the Internet or any other publicly or privately accessible networks or means, or made available to LD or the LD Services via measures provided by either LD Services or the Steam platform, is collectively referred to as “Your Content”. You hereby grant LD an exclusive, irrevocable, royalty-free, fully transferable, perpetual and sub-licensable worldwide right and license to use, publish, display, transmit, broadcast, reproduce, copy, modify, perform, distribute, sell, adapt or communicate Your Content by any other means to the public domain for the whole duration of protection granted to intellectual and industrial property rights by applicable international laws, conventions, treaties and legal agreements. You also hereby grant LD an exclusive, irrevocable, royalty-free, fully transferable, perpetual and sub-licensable worldwide right and license to: (i) either remove any part or all of Your Content from the public domain or from any part of the public domain; or (ii) request you to remove or delete or otherwise stop Your Content or any part of Your Content from being publicly accessible and available within the whole public domain or within any specific part of the public domain, and you hereby acknowledge and accept that in such case you would comply with such request(s) and you would act immediately in order to preserve the intellectual property and rights of LD and in order not to harm the interests of LD and the LD Services in any way or method. You hereby waive any moral rights of paternity, reputation, attribution, or publication with respect to Your Content: (i) being used in any herein mentioned or not mentioned way by LD or the LD Services; and/or (ii) being stopped from being used, accessed, or made available via public domain by LD or the LD Services.
Internet connectivity and connection(s) may be required in order to access the LD Services or parts of the LD Services that are internet-based, and hence in order to use certain features or parts of the LD Services, or to enable certain features or parts of the LD Services to operate properly, you may be required to: (a) maintain an adequate internet connection and/or (b) maintain a valid and active Steam subscriber account used with the Steam platform.
You hereby acknowledge that you may not use the LD Services to link, reference, or submit to any content which: (i) is or might be by some perceived as abusive, threatening, hateful, defamatory, offending, spam or spam-like; or (ii) contains objectionable content, or nudity, or content that can be in any way classified as being illegal and/or morally wrong and/or politically incorrect and/or sexually, religiously, racially, or otherwise offensive or objectionable; or (iii) contains copyright or trademarks infringement, or encourages or supports any kind of unlawful or illegal activities, or is in any way in violation with any laws. You also hereby acknowledge that you may not use any mods and/or modifications, hacks and/or cheats, any kind of third party software or measures designed to modify or hack or in any way interfere with the LD Services. You also hereby acknowledge you may not attempt to disrupt or disrupt any part of the LD and/or the LD Services. You also hereby acknowledge that you may not harass, offend, or in any way harm: (i) anyone using the LD Services; and/or (ii) anyone working for or with LD or the LD Services; and/or (iii) LD or the LD Services.
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2 Ownership
You hereby acknowledge that LD retains all rights, title and interests in and to the LD Services and /or any part or content or materials included in or with the LD Services unless stated otherwise by documentation set by the LD Services. Applicable laws and treaties throughout the world are protecting the LD Services and all rights of LD and the ownership of the LD Services by LD. All rights not expressly granted to you herein are strictly reserved and retained by LD.
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3 Restrictions
You agree not to, and you will not permit others to:
a) license, sell, rent, lease, assign, distribute, transmit, host, outsource, rent, lend, disclose or otherwise commercially exploit the Application or make the Application available to any third party
b) reverse-engineer, hack, interfere with, exploit, publish or otherwise allow or enable others to access or examine or use any security measures in use by any of the LD Services
c) reverse-engineer, hack, exploit, publish or otherwise allow or enable others to access or examine or use any part of the software in use by the LD Services and/or any content or materials included in or with the LD Services
YOU HEREBY ACKNOWLEDGE AND FULLY AGREE THAT YOU MAY BRING CLAIMS AGAINST LD ONLY IN YOUR INDIVIDUAL CAPACITY.
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4 Modifications to Application and/or Services
LD reserves the right to modify, suspend or discontinue, temporarily or permanently, the LD Services or any single part of the LD Services, with or without notice and without liability to you. You hereby waive any rights of bringing claims against LD or any partners of LD in relation to any modifications, updates, suspensions, or discontinuing of the LD Services.
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5 Virtual goods and/or Services
Certain virtual goods and/or services might be licensed to you to be used within the LD Services. All of the virtual goods and/or services shall be deemed an integral part of the Application or the LD Services. All virtual goods and/or services are licensed to you on personal, non-transferable, revocable, strictly limited and non-sublicensable basis. All virtual goods and/or services made available to you as an end user of the LD Services via this limited licensing are intended to be used, accessed and/or stored by you strictly for non-commercial personal purposes.
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6 Third party services
Links or references to third party services may be included within the LD Services, or third party services may be made available to you by LD Services. These services are subject to the respective third party terms and conditions, and these terms and conditions constitute an agreement between you and these third party services, and do NOT constitute an agreement between you and LD in any form, and do NOT constitute an agreement between these third party services and LD in any form.
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7 Severability
If any provision of this EULA is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
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8 Amendments to this EULA
LD reserves the right, at its sole discretion, to modify, add or remove parts of this EULA, or replace this EULA at any time, and any such changes to this EULA will be made available to you via: (i) LD’s publicly accessible website; or (ii) the Steam platform, in which case you as a Steam subscriber will be required to re-accept or re-confirm your agreement with the new or updated EULA before you use the Application. Shall you in any form avoid or omit re-accepting or re-confirming your agreement with a new or updated EULA, and shall you in such case in any way continue to use the Application and/or the LD Services, your continuing use of the LD Services and/or the Application will implicitly mean you re-accepted or re-confirmed your agreement with the new or updated EULA.
If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
--------------------
9 Privacy policy
There are currently no privacy policy or data collection and usage terms specified and enforced by LD, and the only data LD and the LD Services collect, and use, are gameplay-related data. These data are completely anonymous, and are in no way or form user-specific, and are not considered to be sensitive data, and their sole purpose is to help us improve our services and your gameplay experience. You hereby, by accepting this EULA, and/or by downloading, installing, and using the Application, and/or by accessing, and using the Services, express your full consent to these non-sensitive data related to your Application gameplay or use of the LD Services being: (i) collected, stored, and used by LD; and/or (ii) transferred and/or exchanged between LD and partners of LD; and/or (iii) analysed by LD or partners of LD in order to produce gameplay-related or user-experience statistics, and/or improve products and services provided by LD and/or partners of LD.
Shall any future privacy policy be introduced by LD, this policy shall be made available to you and the whole public domain on the LD’s website, and herein by updating this EULA with a link or reference to the privacy policy to be introduced.
--------------------
10 Limitations of liability
LD AND/OR PARTNERS OF LD ARE IN NO EVENT LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR INDIRECT DAMAGES ARISING FROM OR RELATING TO ACCESS, POSSESSION, USE OR MALFUNCTION OF THE LD SERVICES OR ANY CONTENT OR MATERIALS INCLUDED IN OR WITH THE LD SERVICES, INCLUDING BUT NOT LIMITED TO, DAMAGES TO COMPUTERS OR OTHER USED DEVICES OR SOFTWARE WITHIN COMPUTERS OR SOFTWARE WITHIN OTHER USED DEVICES, COMPUTER OR OTHER USED DEVICES MALFUNCTION AND/OR FAILURE, ANY PUNITIVE DAMAGES THAT MIGHT BE CAUSED BY ACTIONS ARISING OUT OF OR RELATED TO THE LD SERVICES OR THIS EULA, DAMAGES FOR PERSONAL INJURIES AND/OR ILLNESSES AND/OR DISEASES, ANY PROPERTY DAMAGE, LOST PROFITS, OR ANY OTHER HEREIN UNSPECIFIED DAMAGE.
IN NO EVENT SHALL LIABILITY OF LD, AND/OR LIABILITY OF PARTNERS OF LD, OR LIABILITY OF PRINCIPALS OF LD, SHAREHOLDERS OF LD, OFFICERS OF LD, EMPLOYEES OF LD EXCEED THE ACTUAL PRICE PAID BY YOU FOR USE OF THE LD SERVICES OR FIVE BRITISH POUNDS (GBP 5), WHICHEVER IS LESS.
IN NO EVENT SHALL LIABILITY OF ANY OF THE BELOW LISTED ENTITIES EXCEED THE ACTUAL PRICE PAID BY YOU FOR USE OF THE LD SERVICES OR FIVE BRITISH POUNDS (GBP 5), WHICHEVER IS LESS. THE LIST OF ENTITIES THAT ARE APPLICABLE TO THE ABOVE STATED LIABILITY CLAUSE INCLUDES BUT IS NOT LIMITED TO THE FOLLOWING:
a) LD
b) PARTNERS OF LD
c) PRINCIPALS OF LD
d) SHAREHOLDERS OF LD
e) OFFICERS OF LD
f) EMPLOYEES OF LD
g) AFFILIATES OF LD
h) CONTRACTORS OF LD
i) SUBSIDIARIES OF LD
j) PARENT OR SIBLING ORGANISATIONS OF LD
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11 Warranty
THE LD SERVICES ARE PROVIDED TO YOU “AS IS”, MEANING THE LD SERVICES ARE PROVIDED OR MADE AVAILABLE TO YOU WITH ALL FAULTS AND WITHOUT A WARRANTY OF ANY KIND. NO GUARANTEES OR PERFORMANCE ASSURANCES ARE MADE BY LD TO YOU AS THE END USER OF THE LD SERVICES. THE ENTIRE RISK OF FITNESS FOR PURPOSE, PERFORMANCE AND SATISFACTORY QUALITY RESIDES ENTIRELY WITH YOU, AND LD IN NO WAY OR FORM GUARANTEES YOUR ABSOLUTE SATISFACTION, OR THE APPLICATION’S FITNESS FOR YOUR INTEDED PURPOSE.
LD AND PARTNERS OF LD HEREBY DISCLAIM AND DO NOT MAKE ANY WARRANTY OF ANY HEREIN MENTIONED OR NOT MENTIONED TYPE OR KIND, INDLUDING WARRANTIES OF UNINTERRUPTED USE, WARRANTIES OF ACCURACCY OF DATA, WARRANTY OF FITNESS FOR PURPOSE, OR NONINFRINGEMENT OF ANY THIRD PARTY RIGHTS. ALSO NO WRITTEN OR ORAL COMMUNICATION BETWEEN YOU AND LD OR BETWEEN YOU AND ANY OF THE PARTNERS OF LD, SHALL CREATE A WARRANTY OF ANY KIND/TYPE.
LD AND PARTNERS OF LD DO NOT WARRANT:
a) THAT YOUR REQUIREMENTS AND EXPECTATIONS WILL BE MET BY THE LD SERVICES
b) THAT THERE WOULD BE NO INTERFERENCE WITH THE LD SERVICES OR WITH YOUR ENJOYMENT OF USING THE LD SERVICES
c) THAT THE LD SERVICES WILL OPERATE WITHOUT ANY INTERRUPTIONS
d) THAT THE LD SERVICES WILL NOT CONTAIN ANY ERRORS OR BUGS
e) THAT THE LD SERVICES WILL BE COMPATIBLE WITH ANY OTHER LD SERVICES PROVIDED BY LD
f) THAT ANY ERRORS IN THE LD SERVICES WILL BE CORRECTED AND/OR ALL ISSUES, BUGS, OR ERRORS WILL BE FULLY RESOLVED
AS SOME JURISDICTIONS DO NOT ALLOW FOR LIMITATION ON OR EXCLUSION OF CERTAIN KINDS OF WARRANTIES OR APPLICABLE CONSUMER RIGHTS, SOME OR ALL OF THE ABOVE WARRANTY LIMITATIONS AND/OR EXCLUSIONS APPLY ONLY TO THE FULLEST APPLICABLE EXTENT PERMITTED BY LAW IN THESE JURISDICTIONS.
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12 Contact Information
If you have any questions about this EULA, please contact us.