Refugio3D. End User License Agreement

IMPORTANT: PLEASE READ THE FOLLOWING END USER LICENSE AGREEMENT (“AGREEMENT”) BEFORE INSTALLING Kamikazo VR. BY INSTALLING, COPYING, AND/OR OTHERWISE USING THE GAME, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT AS SET FORTH BY Refugio3D.

YOUR USE OF THE GAME IS ALSO SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN THE STEAM™ SUBSCRIBER AGREEMENT AND/OR ANY OTHER TERMS SET FORTH BY VALVE CORPORATION IN RELATION TO THE STEAM SERVICE.

IF YOU AGREE TO THE TERMS SET FORTH IN THIS AGREEMENT, select “I ACCEPT” to install the Game and to indicate your acceptance of these terms and your understanding of the conditions of use of the Game.

IF YOU DO NOT AGREE TO THE TERMS SET FORTH IN THIS AGREEMENT, select “I DO NOT ACCEPT” and Refugio3D shall not grant to you the License (defined below) to the Game.


LIMITED USE LICENSE

The term “Game” includes the software included in this video game, the associated media, any software associated with the online mode of the video game (subject to any additional terms of use applicable to such online mode), any printed materials, manuals, any online or electronic documentation, and any and all copies of such software and materials. Refugio3D grants to you the non-exclusive, non-transferable, limited right and license to install and use one (1) copy of the Game on one (1) computer hard drive at any given time solely for your personal use (the “License”). All rights not specifically granted under this License are hereby reserved by Refugio3D and, as applicable, by its licensors. The Game is licensed to you, not sold. This License does not give you any title or ownership in the Game, and should not be construed as a sale or transfer of any intellectual property or other rights to the Game.


OWNERSHIP

You agree and acknowledge that all title, ownership rights, and intellectual property rights connected with the Game and any and all copies thereof (including but not limited to any derivative works, titles, computer code, 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, moral rights, “applets” incorporated into the Game, and any related documentation) are owned by Refugio3D or its licensors.

The Game is protected by the copyright laws of Bundesrepublik Deutschland (GERMANY), international copyright treaties and conventions, PRC trademark laws, and other laws. All rights are reserved worldwide.


LICENSE CONDITIONS AND RESTRICTIONS

You agree to only use the Game, or any part of it, in a manner that is consistent with this License and you SHALL NOT:

(a) without written permission from Refugio3D, use, advertise or exploit in any manner the Game or any of its parts commercially, including but not limited to use at a cyber (Internet) café, computer gaming center or any other location-based site;

(b) without a separate, additional license from Refugio3D, use the Game or permit the use of the Game, on more than one computer, game console, handheld device or PDA at the same time;

(c) use the Game, or permit use of the Game, in a network, multi-user arrangement or remote access arrangement, including any online use, except as otherwise explicitly permitted by Refugio3D in writing;

(d) make copies of the Game or any part thereof, except that you may make one (1) copy of the Game for backup or archival purposes, or make copies of the materials accompanying the Game for non-commercial backup and reference only;

(e) sell, rent, lease, license, distribute, upload to any Internet server or web site, or otherwise transfer any portion of this Game or any copies without the express prior written consent of Refugio3D.

(f) reverse engineer, derive source code, modify, decompile, disassemble, or create derivative works of the Game, in whole or in part (except as the applicable law expressly permits, in which case all and any lawful modifications, adaptations, improvements, etc., and all copyrights and morale rights therein, shall be deemed assigned to, and shall belong to, vest in and be the exclusive property of Refugio3D and/or its licensors on creation, in any event);

(g) remove, disable or circumvent any security protections or any technical measures that control access to the Game;

(h) remove, modify, deface or circumvent any proprietary notices or labels contained on or within the Game;

(i) export or re-export the Game or any copy or adaptation in violation of any applicable laws or regulations; or

(j) create data or executable programs that mimic data or functionality in the Game.

Furthermore, you agree that you shall abide by the safety information, maintenance instructions or other relevant notices contained in the manual that is included with the Game.


GAME UPDATES AND PATCHES

Refugio3D may provide updates, patches and other modifications to the Game that must be installed for the user to continue to play the game properly or at all. Refugio3D may update, patch or modify the Game remotely and access the Game residing on your machine for such purpose, and you hereby grant to Refugio3D the right to deploy and apply such patches, updates and modifications. All provisions of this Agreement that refer to the “Game” shall also include all such patches, updates and modifications.


LIMITED WARRANTY

This limited warranty is in addition to, and does not affect, those of your statutory rights which cannot be excluded or limited in any way under applicable law.

Refugio3D warrants that the Game will provide the features and functions generally described in the specification on the product pages on steampowered.com at the time of your purchase and in the product documentation.

Refugio3D DOES NOT WARRANT THAT THE GAME OR YOUR ABILITY TO USE IT WILL BE UNINTERRUPTED OR ERROR-FREE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ANY IMPLIED WARRANTY OF MERCHANT-ABILITY OR FITNESS FOR A PARTICULAR PURPOSE.


LIMITATIONS ON DAMAGES

IN NO EVENT SHALL Refugio3D OR ITS LICENSORS BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, USE OR MALFUNCTION OF THE GAME, INCLUDING WITHOUT LIMITATION ANY LOSSES OR DAMAGES CONNECTED WITH OR CONSISTING OF LOST PROFITS, DAMAGE TO PROPERTY, LOST OR CORRUPTED DATA OR FILES, LOSS OF GOODWILL, CONSOLE, COMPUTER OR HANDHELD DEVICE FAILURE, ERRORS AND LOST BUSINESS OR OTHER INFORMATION AS A RESULT OF POSSESSION, USE OR MALFUNCTION OF THE GAME, OR PERSONAL INJURIES, EVEN IF Refugio3D HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. FURTHERMORE, IN NO EVENT SHALL Refugio3D OR ITS LICENSORS BE LIABLE FOR SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES RESULTING FROM THE BREACH OF ANY EXPRESS OR IMPLIED WARRANTIES OR ANY OTHER TERMS OF THIS AGREEMENT. Refugio3D TOTAL LIABILITY IN ALL CASES SHALL NOT EXCEED THE ACTUAL PRICE PAID FOR THE GAME. THE FOREGOING APPLIES EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.


TERM AND TERMINATION

Without prejudice to any other rights of Refugio3D, the License shall remain in effect for as long as you use, operate or run the Game. The License shall terminate automatically if you fail to comply with its terms and conditions. In such event, you must uninstall and destroy all copies of the Game. You may also terminate the License at any time by uninstall and destroy all copies of the Game. The Sections entitled “Ownership,” “License Conditions and Restrictions,” “Limitations on Damages,” “Term and Termination,” “Injunction,” “Indemnity,” “Choice of Law and Jurisdiction,” and “Miscellaneous” shall survive any termination of this License.

If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and the remaining provisions of this Agreement shall remain in full force and not be affected.


INJUNCTION

Because Refugio3D would be irreparably damaged if the terms of this Agreement were not specifically enforced, you agree that Refugio3D shall be entitled, without bond or other security or proof of damages, to take such action as may be required, including seeking an injunction and other equitable remedies, in addition to any other remedies available to it under the applicable law.


INDEMNITY

You agree to indemnify, defend and hold harmless Refugio3D, its partners, affiliates, contractors, licensors, officers, directors, employees and agents from all claims, damages, costs and expenses (including reasonable legal fees) arising directly or indirectly from your acts or omissions in connection with using the Game or any breach by you of the terms of this Agreement.



AMENDMENTS

Refugio3D reserves the right to amend this Agreement at any time, at its sole discretion, but will post such changes on the steampowered.com and/or will communicate such changes through the Steam service. If any such future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you may terminate this Agreement in accordance with the above Termination provisions. Your installation and use of any updates or modifications to the Game or your continued use of the Game following notice of changes to this Agreement will constitute your acceptance of any and all such changes to the terms of this Agreement.


MISCELLANEOUS

This Agreement represents the complete agreement between you and Refugio3D concerning the License and your rights to use the Game, and supersedes all prior agreements and representations, warranties or understandings between you and Refugio3D (whether negligently or innocently made but excluding those made fraudulently), regarding the same subject matter.


If you have any questions concerning this license, you may contact Refugio3D at info@refugio3d.de