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IN ORDER TO PROTECT US (BLUE VOLCANO STUDIO) AND YOU, THIS EULA IS NECESSARY.
BY INSTALLING SIDE DECIDE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA (THE "AGREEMENT") AS SET FORTH BY BLUE VOLCANO STUDIO. YOUR USE OF THE GAME SOFTWARE 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.
“Game Software” refers to the software included in Side Decide (video game), the associated media, any online or electronic documentation, game patches, updates, modifications, and any and all copies of such software and materials.
STREAMING, LET'S PLAY, REVIEWS, REMIXES AND OTHER TRANSITIVE WORKS
Blue Volcano Studio actively encourages streaming and full (video) monetization of the Game Software.
LIMITED USE LICENSE
Blue Volcano Studio grants to you the non-exclusive, non-transferable right and license to install and backup the Game Software, as often and as on as many personally-owned devices as you damn well please.
This right and license IS NOT a sale or transfer of any intellectual property or other rights to the Game Software and using the license to unlawfully redistribute the Game Software or otherwise circumvent Steam's DRM is STRICTLY PROHIBITED.
GAME SOFTWARE UPDATES AND PATCHES
Blue Volcano Studio may provide updates, patches and other modifications to the Game Software that may be installed to improve performance, features, and functionality. Blue Volcano Studio may update, patch or modify the Game Software through Steam for such purpose, and if you allow Steam to automatically update the Game Software, you hereby grant to Blue Volcano Studio the right to deploy and apply such patches, updates and modifications in this matter.
OWNERSHIP
You agree and acknowledge that all title, ownership rights, and intellectual property rights connected with the Game Software and any and all copies thereof (including all elements incorporated into the Game Software, and any related documentation) are owned by Blue Volcano Studio.
The Game Software is protected by the copyright laws of Australia, and international copyright treaties and conventions. All rights are reserved. The Game Software contains certain materials licensed by Blue Volcano Studio from others, and Blue Volcano Studio and licensees may protect their rights in the event of any violation of this Agreement.
LICENSE CONDITIONS AND RESTRICTIONS
You agree to only use the Game Software, or any part of it, in a manner that is consistent with this License and you SHALL NOT:
(a) use the Game Software, or permit use of the Game Software, in a network, multi-user arrangement or remote access arrangement, including any online use, except as otherwise explicitly permitted by Blue Volcano Studio in writing;
(b) sell, rent, lease, license, distribute, upload to any Internet server or web site, or otherwise transfer any portion of this Game Software or any copies.
(c) remove, disable or circumvent any security protections or technical measures that control access to the Game Software;
(d) remove, modify, deface or circumvent proprietary notices or labels contained on or within the Game Software;
(e) export or re-export the Game Software or any copy or adaptation in violation of applicable laws or regulations; or
(f) create data or executable programs that mimic data or functionality in the Game Software.
LIMITATIONS ON DAMAGES
IN NO EVENT SHALL BLUE VOLCANO STUDIO OR ITS LICENSEES BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, USE OR MALFUNCTION OF THE GAME SOFTWARE, 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 FAILURE, ERRORS AND LOST BUSINESS OR OTHER INFORMATION AS A RESULT OF POSSESSION, USE OR MALFUNCTION OF THE GAME SOFTWARE, OR PERSONAL INJURIES, EVEN IF BLUE VOLCANO STUDIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. FURTHERMORE, IN NO EVENT SHALL BLUE VOLCANO STUDIO OR ITS LICENSEES 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. BLUE VOLCANO STUDIO'S TOTAL LIABILITY IN ALL CASES SHALL NOT EXCEED THE ACTUAL PRICE PAID FOR THE GAME SOFTWARE. THE FOREGOING APPLIES EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
TERM AND TERMINATION
Without prejudice to any other rights of Blue Volcano Studio, 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 these terms and conditions. In such events, you must uninstall all copies of the Game Software.
INDEMNITY
You agree to indemnify, defend and hold harmless Blue Volcano Studio, its partners, affiliates, contractors, licensees, 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 Software or any breach by you of the terms of this Agreement.
CHOICE OF LAW AND JURISDICTION
THIS AGREEMENT, AND THE RIGHTS AND OBLIGATIONS OF YOU AND BLUE VOLCANO STUDIO CONCERNING THE GAME SOFTWARE, SHALL BE CONSTRUED AND ENFORCED UNDER AUSTRALIAN LAW AS SUCH LAW IS APPLIED TO AGREEMENTS BETWEEN AUSTRALIAN RESIDENTS ENTERED INTO AND TO BE PERFORMED WITHIN AUSTRALIA, WITHOUT REGARD TO AUSTRALIA'S CONFLICTS OF LAW PRINCIPLES. TO THE EXTENT ANY CLAIMS ARE GOVERNED BY FEDERAL LAW, SUCH FEDERAL LAW ALSO SHALL BE APPLICABLE. YOU AND BLUE VOLCANO STUDIO CONSENT TO THE EXCLUSIVE PERSONAL JURISDICTION OF THE STATE AND FEDERAL COURTS LOCATED IN NEW SOUTH WALES, AUSTRALIA, IN CONNECTION WITH ANY CLAIM OR DISPUTE CONCERNING THIS AGREEMENT OR THE GAME SOFTWARE, AND YOU AND BLUE VOLCANO STUDIO WAIVE ANY OBJECTION BASED ON THE VENUE OR INCONVENIENCE OF SUCH FORUM. IF YOU ARE FROM OUTSIDE AUSTRALIA, THE APPLICATION OF THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY EXCLUDED.
AMENDMENTS
Blue Volcano Studio reserves the right to amend this Agreement at any time, at its sole discretion, but 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.
MISCELLANEOUS
This Agreement represents the complete agreement between you and Blue Volcano Studio concerning the License and your rights to use the Game Software, and supersedes all prior agreements and representations, warranties or understandings between you and Blue Volcano Studio (whether negligently or innocently made but excluding those made fraudulently), regarding the same subject matter.
BY INSTALLING SIDE DECIDE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA (THE "AGREEMENT") AS SET FORTH BY BLUE VOLCANO STUDIO. YOUR USE OF THE GAME SOFTWARE 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.
“Game Software” refers to the software included in Side Decide (video game), the associated media, any online or electronic documentation, game patches, updates, modifications, and any and all copies of such software and materials.
STREAMING, LET'S PLAY, REVIEWS, REMIXES AND OTHER TRANSITIVE WORKS
Blue Volcano Studio actively encourages streaming and full (video) monetization of the Game Software.
LIMITED USE LICENSE
Blue Volcano Studio grants to you the non-exclusive, non-transferable right and license to install and backup the Game Software, as often and as on as many personally-owned devices as you damn well please.
This right and license IS NOT a sale or transfer of any intellectual property or other rights to the Game Software and using the license to unlawfully redistribute the Game Software or otherwise circumvent Steam's DRM is STRICTLY PROHIBITED.
GAME SOFTWARE UPDATES AND PATCHES
Blue Volcano Studio may provide updates, patches and other modifications to the Game Software that may be installed to improve performance, features, and functionality. Blue Volcano Studio may update, patch or modify the Game Software through Steam for such purpose, and if you allow Steam to automatically update the Game Software, you hereby grant to Blue Volcano Studio the right to deploy and apply such patches, updates and modifications in this matter.
OWNERSHIP
You agree and acknowledge that all title, ownership rights, and intellectual property rights connected with the Game Software and any and all copies thereof (including all elements incorporated into the Game Software, and any related documentation) are owned by Blue Volcano Studio.
The Game Software is protected by the copyright laws of Australia, and international copyright treaties and conventions. All rights are reserved. The Game Software contains certain materials licensed by Blue Volcano Studio from others, and Blue Volcano Studio and licensees may protect their rights in the event of any violation of this Agreement.
LICENSE CONDITIONS AND RESTRICTIONS
You agree to only use the Game Software, or any part of it, in a manner that is consistent with this License and you SHALL NOT:
(a) use the Game Software, or permit use of the Game Software, in a network, multi-user arrangement or remote access arrangement, including any online use, except as otherwise explicitly permitted by Blue Volcano Studio in writing;
(b) sell, rent, lease, license, distribute, upload to any Internet server or web site, or otherwise transfer any portion of this Game Software or any copies.
(c) remove, disable or circumvent any security protections or technical measures that control access to the Game Software;
(d) remove, modify, deface or circumvent proprietary notices or labels contained on or within the Game Software;
(e) export or re-export the Game Software or any copy or adaptation in violation of applicable laws or regulations; or
(f) create data or executable programs that mimic data or functionality in the Game Software.
LIMITATIONS ON DAMAGES
IN NO EVENT SHALL BLUE VOLCANO STUDIO OR ITS LICENSEES BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, USE OR MALFUNCTION OF THE GAME SOFTWARE, 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 FAILURE, ERRORS AND LOST BUSINESS OR OTHER INFORMATION AS A RESULT OF POSSESSION, USE OR MALFUNCTION OF THE GAME SOFTWARE, OR PERSONAL INJURIES, EVEN IF BLUE VOLCANO STUDIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. FURTHERMORE, IN NO EVENT SHALL BLUE VOLCANO STUDIO OR ITS LICENSEES 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. BLUE VOLCANO STUDIO'S TOTAL LIABILITY IN ALL CASES SHALL NOT EXCEED THE ACTUAL PRICE PAID FOR THE GAME SOFTWARE. THE FOREGOING APPLIES EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
TERM AND TERMINATION
Without prejudice to any other rights of Blue Volcano Studio, 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 these terms and conditions. In such events, you must uninstall all copies of the Game Software.
INDEMNITY
You agree to indemnify, defend and hold harmless Blue Volcano Studio, its partners, affiliates, contractors, licensees, 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 Software or any breach by you of the terms of this Agreement.
CHOICE OF LAW AND JURISDICTION
THIS AGREEMENT, AND THE RIGHTS AND OBLIGATIONS OF YOU AND BLUE VOLCANO STUDIO CONCERNING THE GAME SOFTWARE, SHALL BE CONSTRUED AND ENFORCED UNDER AUSTRALIAN LAW AS SUCH LAW IS APPLIED TO AGREEMENTS BETWEEN AUSTRALIAN RESIDENTS ENTERED INTO AND TO BE PERFORMED WITHIN AUSTRALIA, WITHOUT REGARD TO AUSTRALIA'S CONFLICTS OF LAW PRINCIPLES. TO THE EXTENT ANY CLAIMS ARE GOVERNED BY FEDERAL LAW, SUCH FEDERAL LAW ALSO SHALL BE APPLICABLE. YOU AND BLUE VOLCANO STUDIO CONSENT TO THE EXCLUSIVE PERSONAL JURISDICTION OF THE STATE AND FEDERAL COURTS LOCATED IN NEW SOUTH WALES, AUSTRALIA, IN CONNECTION WITH ANY CLAIM OR DISPUTE CONCERNING THIS AGREEMENT OR THE GAME SOFTWARE, AND YOU AND BLUE VOLCANO STUDIO WAIVE ANY OBJECTION BASED ON THE VENUE OR INCONVENIENCE OF SUCH FORUM. IF YOU ARE FROM OUTSIDE AUSTRALIA, THE APPLICATION OF THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY EXCLUDED.
AMENDMENTS
Blue Volcano Studio reserves the right to amend this Agreement at any time, at its sole discretion, but 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.
MISCELLANEOUS
This Agreement represents the complete agreement between you and Blue Volcano Studio concerning the License and your rights to use the Game Software, and supersedes all prior agreements and representations, warranties or understandings between you and Blue Volcano Studio (whether negligently or innocently made but excluding those made fraudulently), regarding the same subject matter.