EULA
LICENCE TO USE THE MULTIMEDIA PRODUCT


Please read this Licence carefully before installing the game (“Multimedia Product”).
This Licence is an agreement between you, the “User”, and Offworld Industries LTD and/or its licensors and/or its beneficiaries (“Offworld Industries”), which grants the User the non-exclusive and non-transferable right to use the Multimedia Product. If you are not 18 years of Age, have your parents review this license.
By installing the Multimedia Product, the User undertakes to respect the terms and conditions of the Licence.

1. The Licence

Offworld Industries grants the User a non-exclusive and non-transferable Licence to use the Multimedia Product, but remains the owner of all the rights relating thereto as well as all rights to any patches or updates added to the product after the purchase date. Offworld Industries reserves the right to revoke access to the Multimedia Product without notice, for any reason.

Any rights not specifically transferred by this Licence remain the property of Offworld Industries.
The Multimedia Product is licensed and not sold to the User, for private use.
The Licence does not confer any right or title to the Multimedia Product and cannot be understood as a transfer of intellectual property rights to the Multimedia Product.

ACCESS TO SPECIAL FEATURES AND/OR SERVICES, INCLUDING DIGITAL COPIES. Multimedia Product download, redemption of a unique serial code, registration of the Multimedia Product, membership in a third-party services and/or membership in a Licensor service (including acceptance of related terms and policies), may be required to access digital copies of the Multimedia Product or certain un-lockable , downloadable, online or other special content, services, and/or functions (collectively, the “Special Features”). Access to Special Features is limited to a single user account per serial code and access to Special Features cannot be transferred, sold, or re-registered by another user unless otherwise specified. The provisions of this paragraph supersede any other term in this Agreement.

TECHNICAL PROTECTIONS. The Multimedia Product may include measures to control access to the Multimedia Product, control access to certain features or content, prevent unauthorized copies, or otherwise attempt to prevent anyone from exceeding the limited rights and licenses granted under this Agreement. If the Multimedia Product permits access to Special Features, only one copy of the Multimedia Product may access those features at one time. Additional terms and registration may be required to access online services and to download Multimedia Product updates and patches. Only Multimedia Products subject to a valid license can be used to access online services, including downloading updates and patches. You may not interfere with such access control measures or attempt to disable or circumvent such security features. If you disable or otherwise tamper with the technical protection measures, the Multimedia Product will not function properly.

USER CREATED CONTENT: The Multimedia Product may allow you to create content, including but not limited to a gameplay map, screenshot or a video of your game play. In exchange for use of the Multimedia Product, and to the extent that your contributions through use of the Multimedia Product give rise to any copyright interest, you hereby grant Licensor an exclusive, perpetual, irrevocable, fully transferable and sub-licensable worldwide right and license to use your contributions in any way and for any purpose in connection with the Multimedia Product and related goods and services, including the rights to reproduce, copy, adapt, modify, perform, display, publish, broadcast, transmit, or otherwise communicate to the public by any means whether now known or unknown and distribute your contributions without any further notice or compensation to you of any kind for the whole duration of protection granted to intellectual property rights by applicable laws and international conventions. You hereby waive any moral rights of paternity, publication, reputation, or attribution with respect to Licensor’s and other players’ use and enjoyment of such assets in connection with the Multimedia Product and related goods and services under applicable law. This license grant to Licensor, and the above waiver of any applicable moral rights, survives any termination of this License.

INTERNET CONNECTION. The Multimedia Product will require an internet connection to access internet-based features, authenticate the Multimedia Product, or perform other functions. In order for certain features of the Multimedia Product to operate properly, you may be required to have and maintain (a) an adequate internet connection and/or (b) a valid and active account with an online service as set forth in the Multimedia Product documentation, including but not limited to third-party gaming platform, Licensor or a Licensor affiliate. If you do not maintain such accounts, then certain features of the Multimedia Product may not operate or may cease to function properly, either in whole or in part.

THE MULTIMEDIA PRODUCT IS PROTECTED BY A UNIQUE AND PERSONAL KEY CODE PROVIDED BY Offworld Industries TO THE USER (“KEY CODE”). THE USER HEREBY AGREES, ACKNOWLEDGES AND CONSENTS TO THE FOLLOWING REGARDING THE KEY CODE AND THE USE OF THE MULTIMEDIA PRODUCT: A PERMANENT ONLINE CONNECTION AND A STEAM ACCOUNT ARE REQUIRED TO USE THE MULTIMEDIA PRODUCT AT ALL TIMES. THE USER SHALL BEAR THE COSTS OF THE INTERNET CONNECTION AND MAY CONTACT HIS INTERNET ACCESS PROVIDER FOR DETAILS. FOR FURTHER INFORMATION AND THE CREATION OF A STEAM ACCOUNT, PLEASE VISIT THE STEAM WEBSITE AT STEAMPOWERED.COM

2. Ownership of the Multimedia Product

The User recognises that all of the rights associated with the Multimedia Product and its components (in particular the titles, computer codes, themes, characters, character names, plots, stories, dialogues, places, concepts, images, photographs, animation, videos, music and text contained in the Multimedia Product), and all saved games and data associated with the Multimedia Product saved on Offworld Industries’s online servers, as well as the rights relating to the trademark, royalties and copyrights, are the property of Offworld Industries and are protected by Canadian regulations or other laws, treaties and international agreements concerning intellectual property.

3. Use of the Multimedia Product

The User is authorised to use the Multimedia Product in accordance with the instructions provided in the digital manual.
The Licence is granted solely for private use.

It is not permitted:
  • To make copies of the Multimedia Product,
  • To operate the Multimedia Product commercially,
  • To use it contrary to morality or the laws in force,
  • To modify the Multimedia Product or create any derived work,
  • To transmit the Multimedia Product via a telephone network or any other electronic means, except during multi-player games on authorised networks,
  • To create or distribute unauthorised levels and/or scenarios, assets and/or art,
  • To decompile, reverse engineer or disassemble the Multimedia Product.
  • To remove, disable or circumvent any security protections, proprietary notices or labels contained on or within the Multimedia Product;
  • To modify or alter the Multimedia Product to cheat or hack.
  • To charge or require payment for user created content and or mods.

The Multimedia Product can only be played after the User registers the Multimedia Product and obtains a unique Steam account. This Multimedia Product is distributed solely for use by the authorized end User who has registered the Multimedia Product and obtained a unique Steam account.
The User cannot transfer, sell, resell, sublicense, rent or lease the Multimedia Product to a third party.
You understand and agree that this Multimedia Product requires an online connection at all times and the Multimedia Product must be played through the Internet services provided at Steampowered.com.
4. Termination of the Licence
It is terminated automatically by Offworld Industries without notice if the User fails to adhere to the terms and conditions of the Licence.

5. Warranty

Offworld Industries products are sold "as is", without any expressed or implied warranties of any kind, and Offworld Industries is not liable for any losses or damages of any kind resulting from use of its products. Offworld Industries reserves the right to delete the Key Code in the event the Multimedia Product is returned by the User.
EQUITABLE REMEDIES: You hereby agree that if the terms of this Agreement are not specifically enforced, Licensor will be irreparably damaged, and therefore you agree that Licensor shall be entitled, without bond, other security, proof of damages, to appropriate equitable remedies with respect any of this Agreement, in addition to any other available remedies.
TERMINATION: This Agreement is effective until terminated by you, by the Licensor, or automatically upon your failure to comply with its terms and conditions. Upon any termination, you must destroy or return the physical copy of the Multimedia Product to the Licensor, as well as permanently destroy all copies of the Multimedia Product, accompanying documentation, associated materials, and all of its component parts in your possession or control including from any client server or computer on which it has been installed

6. Warranty Limitation

The User recognises expressly that he uses the Multimedia Product at his own risk.
The Multimedia Product is provided as is. The User is responsible for any costs of repairing and/or correcting the Multimedia Product.
To the extent of what is laid down by the law, Offworld Industries rejects any warranty relating to the market value of the Multimedia Product, the User’s satisfaction or its capacity to perform a specific use.
The User is responsible for all risks connected with lost profit, lost data, errors and lost business or other information as a result of owning or using the Multimedia Product.
As some legislations do not allow for the aforementioned warranty limitation, it is possible that it does not apply to the User.

7. Liability

In no event can Offworld Industries be held liable for any direct, consequential, accidental, special, ancillary or other damages arising out of the following: (1) the use or inability to use the Multimedia Product, (2) inadequate performance or poor functioning of the Multimedia Product; (3) the loss of any data or information, including but not limited to the loss of any saved games or data associated with the Multimedia Product saved on Offworld Industries’s servers; and (4) the loss of any profit or business as a result of owning or using the Multimedia Product, even if Offworld Industries has been advised of the possibility of such damages. However caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of this software, even if advised of the possibility of such damage.
In particular, Offworld Industries accepts no liability regarding use of the Multimedia Product contrary to the precautions for use set out in the manual.
As some legislations do not allow exemption from liability in the event of direct or incidental damages, it is possible that the aforementioned exclusion does not apply to the User.
This Licence to use the Multimedia Product grants specific rights to the User and he may have other rights depending on the laws in his country or state.

8. Indemnification

Upon a request by Offworld Industries, you agree to defend, indemnify, and hold Offworld Industries and its affiliates harmless from all liabilities, claims, losses, costs and expenses, including attorney's fees, that arise from (a) your use of, or activities in connection with the Game Software; (b) any violation of the Agreement by you; or (c) any allegation that any content that you make available via the Game Software infringes or otherwise violates the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party. Offworld Industries reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Offworld Industries in asserting any available defenses.

9. Servers & Server Donations

Anyone who has purchased or has received a gift or press release copy of the game has permission to receive server donations from players. Server owners MAY NOT charge hard currency (tangible money such as cash, credit, bitcoin, etc. that has monetary value) for soft currency (in game currency that has no monetary value) or in game items. Server owners MAY allow priority access to players that make a donation.

10. Information Collection & Usage.

By installing and using this Multimedia Product, you consent to these information collection and usage terms. If you connect to the Internet when using the Multimedia Product, either through a gaming platform network, or any other method, Licensor may receive information from hardware manufacturers or gaming platform hosts and may automatically collect certain information from your computer or gaming unit. This information may include, but is not limited to, user IDs (such as gamer tags and screen names), game scores, game statistics, game achievements, game performance, locations visited, friends lists, hardware MAC address, internet protocol address, and your usage of various game features. All information collected by Licensor is intended to be anonymous information that does not disclose your identity or constitute personal information, however, if you include personal information (such as your real name) in your user ID, then such personal information will automatically be transmitted to Licensor and used as described herein.
The information collected by Licensor may be posted by Licensor on publicly-accessible web sites, shared with hardware manufacturers, shared with platform hosts, shared with Licensor’s marketing partners or used by Licensor for any other lawful purpose. By using this Multimedia Product you consent to the Licensor’s use of related data, including public display of your data such as identification of your user created content or displaying your scores, ranking, achievements and other gameplay data. If you do not want your information shared in this manner, then you should not use the Multimedia Product.

11. Miscellaneous

11.1 Export Controls. The Product is subject to all applicable export restrictions. You must comply with all export and import laws and restrictions and regulations of any Canadian and foreign agency or authority relating to the Product and Your use of the Product..
11.2 Severance. If any court of competent jurisdiction or competent authority finds that any provision of this EULA is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of this EULA shall not be affected. If any invalid, unenforceable or illegal provision of this EULA would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable to reflect Offworld Industries’s initial intentions.
11.3 No Waiver. No failure or delay by Offworld Industries (or its licensors) to exercise any right or remedy provided under this EULA or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy. Waiver of a right or remedy may be considered to have taken place only after signing of a written statement to this effect by Offworld Industries or by the User.
11.4 Law and Jurisdiction. (i) This EULA is governed by the laws of Canada and the province in which you reside; and (ii) you expressly acknowledge the exclusive jurisdiction of the federal courts and province courts within the jurisdiction of the place of your principal residence for any complaint or any dispute with Offworld Industries resulting from or related in any way to this EULA or the use you make of the Product, and you also accept and freely consent to the exercising of territorial jurisdiction in said courts in relation to any dispute of this kind, including any complaint concerning Offworld Industries and/or its affiliated companies and subsidiaries and their respective employees, subcontractors, managers, directors, vendors and content suppliers.

Easy Anti-Cheat
Publisher is using EasyAntiCheat anti-cheat service (“EasyAntiCheat”), which is operated by a third-party service provider offering services to Publisher. EasyAntiCheat has a client software (“Client”) that is integrated into the Software Product. When you start a new Game session the Client will automatically load and install its latest version to the Unit. When you are using the Software Product on your Unit EasyAntiCheat is monitoring the Unit, analyzing the Game binaries and scanning the memory of the Unit for the purpose of detecting and preventing cheating in the Game (“Purpose”). For the Purpose EasyAntiCheat is storing information regarding cheating methods used in the Game (“Data”). By installing, copying, or otherwise using this Software Product, you give your consent that EasyAntiCheat may gather, store and publish Data for the sole purpose of the Purpose. The Data will be used solely for the Purpose including but not limited to identifying and banning players who are cheating in computer games, analyzing cheating behavior and cheating codes as well as sharing data about cheats with affiliates of EasyAntiCheat.

For more information regarding Easy Anti-Cheat visit https://www.easyanticheat.net/privacy/

For any question concerning this EULA, you may contact Offworld Industries at the following address: admin@offworldindustries.com

THIS EULA IS APPLICABLE ONLY TO THE EXTENT AUTHORISED BY LAW.
YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS EULA AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CLICKING ON THE "I UNDERSTAND AND AGREE" BUTTON AND/OR CONTINUING TO INSTALL OR USE THE SOFTWARE, YOU EXPRESSLY AND IRREVOCABLY CONSENT TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH IN THIS EULA.