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END USER LICENCE AGREEMENT
This end-user license agreement (“EULA”) is a legal agreement between you (hereinafter referred to as “you”, or “End User”) and Detach Entertainment UG (haftungsbeschränkt) (“Detach Entertainment”) for the software product which this EULA is accompanying, all related software (such as editors) and all in-game content, any updates or additional content (such as patches, downloadable content (“DLC”) and expansions), manuals, and other materials in any media related to the software, including the unique alfa-numeric code for downloading the software product which may be provided to you with the software product or delivered to you electronically (all jointly, the “Game”). If you do not agree to the terms of this EULA, do not install or use the Game, instead contact your retailer regarding its return policy.
This Game is licensed, not sold, to you for use only under the terms and conditions of this EULA. All rights not expressly granted herein are reserved by Detach Entetainment.
You agree that your use of the Game acknowledges that you have read this EULA, understand it, and agree to be bound by its terms and conditions, including the provisions in Section 2 on collection of information, and that you represent and warrant that you are an adult and are either accepting this EULA on behalf of yourself or on behalf of your child or ward, as the case may be. If you have not attained the age of majority, you must obtain the necessary permission in the form required by law from your parents or other legal representatives.
1. Liability with regard to Purchases in Europe (European Union)
1.1 Detach Entertainment (Detach Entertainment UG (haftungsbeschränkt)) is liable according to the statutory provisions under the applicable law for damages of Users caused by intentional or grossly negligent conduct by Detach Entertainment or its vicarious agents (Erfüllungsgehilfen) and for personal injury and damages according to the German Product Liability Act (Produkthaftungsgesetz).
1.2 In all other cases, Detach Entertainment‘s liability for damages – irrespective of the legal grounds – shall be limited as stipulated in the provisions below unless a guarantee accepted by Detach Entertainment says otherwise:
1.2.1 Detach Entertainment shall only be liable for damages caused by slight negligence to the extent that such damages result from violating essential contractual obligations (cardinal duties, Kardinalpflichten), i.e. such obligations whose fulfillment is a prerequisite for properly fulfilling the Agreement and which Users may normally expect. Accordingly, insofar as Detach Entertainment is liable for slight negligence, Detach Entertainment liability shall be limited to the typically foreseeable damage.
1.2.2 Detach Entertainment’s liability for damages caused by loss of data and/or programs due to slight negligence is limited to the typical cost of restoration, which would have been incurred in case of regular and appropriate data backup by the Users.
1.3 The provisions of the above paragraph 1.2 apply accordingly to a limitation of the obligation to indemnify for futile expenses (section 284 German Civil Code).
1.4 The above limitations of liability apply in favor of Detach Entertainment’s vicarious agents (Erfüllungsgehilfen) as well.
1.5 Detach Entertainment is not liable for costs incurred by the Users for services which are expressly not offered by Detach Entertainment, in particular costs for data transfer to or from the Users’ mobile devices.
1.6 The parties agree that insofar as the providing of the Services can be considered a lease contract under German civil law, Detach Entertainment shall not be liable according to section 536a subsection 1 of the German Civil Code, and this statutory provision shall not be applicable (meaning: no warranty without culpability for defects present from the outset).
1.7 The Game includes the Unreal® Engine code and other code, materials, and information (the “Epic Materials”) from Epic Games, Inc. (“Epic”). All Epic Materials are provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind. We are required to inform you, the Epic, and Epic’s affiliates disclaim all warranties, conditions, common law duties, and representations (express, implied, oral, and written) with respect to the Epic Materials to extent set forth below. However, we will accept the liability as the Licensor of the game in this regard to the extent set out above.
If you purchase the game outside Europe
NB.: THIS CLAUSE DOES NOT APPLY IF YOU PURCHASE THE GAME IN EUROPE
Scribble It! includes the Unreal® Engine code and other code, materials, and information (the “Epic Materials”) from Epic Games, Inc. (“Epic”). All Epic Materials are provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind. Detach Entertainment, Epic, and Epic’s affiliates disclaim all warranties, conditions, common law duties, and representations (express, implied, oral, and written) with respect to the Epic Materials, including without limitation all express, implied, and statutory warranties and conditions of any kind, such as title, non-interference with your enjoyment, authority, non-infringement, merchantability, fitness or suitability for any purpose (whether or not Epic knows or has reason to know of any such purpose), system integration, accuracy or completeness, results, reasonable care, workmanlike effort, lack of negligence, and lack of viruses, whether alleged to arise under law, by reason of custom or usage in the trade, or by course of dealing. Without limiting the generality of the foregoing, Detach Entertainment, Epic, and Epic’s affiliates make no warranty that (1) any of the Epic Materials will operate properly, including as integrated in Scribble It! (2) that the Epic Materials will meet your requirements, (3) that the operation of the Epic Materials will be uninterrupted, bug free, or error free in any or all circumstances, (4) that any defects in the Epic Materials can or will be corrected, (5) that the Epic Materials are or will be in compliance with a platform manufacturer’s rules or requirements, or (6) that a platform manufacturer has approved or will approve Scribble It!, or will not revoke approval of Scribble It! for any or no reason. Any warranty against infringement that may be provided in Section 2-312 of the Uniform Commercial Code or in any other comparable statute is expressly disclaimed by Detach Entertainment and Epic. Detach Entertainment, Epic, and Epic’s affiliates do not guarantee continuous, error-free, virus-free, or secure operation of or access to the Epic Materials. This paragraph will apply to the maximum extent permitted by applicable law.
To the maximum extent permitted by applicable law, neither Detach Entertainment, Epic, Epic’s licensors, nor its or their affiliates, nor any of Detach Entertainment’s or Epic’s service providers, shall be liable in any way for loss or damage of any kind resulting from the use or inability to use the Epic Materials or otherwise in connection with this [Agreement], including but not limited to loss of goodwill, work stoppage, computer failure, or malfunction, or any and all other commercial damages or losses. In no event will Detach Entertainment, Epic, Epic’s licensors, nor its or their affiliates, nor any of Detach Entertainment’s or Epic’s service providers be liable for any loss of profits or any indirect, incidental, consequential, special, punitive, or exemplary damages, or any other damages arising out of or in connection with this Agreement or the Epic Materials, or the delay or inability to use or lack of functionality of the Epic Materials, even in the event of Detach Entertainment’s, Epic’s, or Epic’s affiliates’ fault, tort (including negligence), strict liability, indemnity, product liability, breach of contract, breach of warranty, or otherwise and even if Detach Entertainment, Epic or Epic’s affiliates have been advised of the possibility of such damages. These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate compensation.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Detach Entertainment, Epic, Epic’s licensors, its and their affiliates, and any of Detach Entertainment’s or Epic’s service providers shall be limited to the full extent permitted by law.
2. Collection of Information
Detach Entertainment may collect information from you when you use the Game. Such information includes your SteamID, computer configuration, gameplay behavior and progress, browser type, platform type and software usage. This information is gathered periodically to facilitate the provision of software updates, product support and other services related to the Game.
Detach Entertainment may use any collected information to improve its products, administer the Game, analyze trends, or to provide services to you. In addition, Detach Entertainment may use this information for the purpose of research, development, administration, support and marketing of Detach Entertainment products and services. For more information, please see Detach Entertainment’s Privacy Policy available at
https://www.detach-entertainment.com/privacy
3. User Generated Content
This game allows you to create and make available to other users your own created content (“User Generated Content” or “UGC”). You hereby grant Detach Entertainment a nonexclusive, irrevocable, royalty-free, sublicensable, perpetual right to use, reproduce, modify, create derivative works from, distribute, transmit, broadcast, and otherwise communicate, publicly display and publicly perform your UGC, and derivative works of your UGC, in connection with the operation and promotion of the Game.
Detach Entertainment is under no obligation to use, distribute or continue to distribute UGC, and you understand that Detach Entertainment may restrict, or remove, your UGC for any reason.
You represent and warrant that the UGC, and your grant of rights in such UGC, does not violate any applicable contract, law or regulation, and that the UGC is your original work and does not infringe any third party´s intellectual property rights or any other rights.
Detach Entertainment specifically disclaims any liability with regard to User Generated Content.
Anyone who believes that their original work has been reproduced as UGC through one of our Games in a way that constitutes copyright infringement may notify us by sending an email to support@detach-entertainment.com.
This end-user license agreement (“EULA”) is a legal agreement between you (hereinafter referred to as “you”, or “End User”) and Detach Entertainment UG (haftungsbeschränkt) (“Detach Entertainment”) for the software product which this EULA is accompanying, all related software (such as editors) and all in-game content, any updates or additional content (such as patches, downloadable content (“DLC”) and expansions), manuals, and other materials in any media related to the software, including the unique alfa-numeric code for downloading the software product which may be provided to you with the software product or delivered to you electronically (all jointly, the “Game”). If you do not agree to the terms of this EULA, do not install or use the Game, instead contact your retailer regarding its return policy.
This Game is licensed, not sold, to you for use only under the terms and conditions of this EULA. All rights not expressly granted herein are reserved by Detach Entetainment.
You agree that your use of the Game acknowledges that you have read this EULA, understand it, and agree to be bound by its terms and conditions, including the provisions in Section 2 on collection of information, and that you represent and warrant that you are an adult and are either accepting this EULA on behalf of yourself or on behalf of your child or ward, as the case may be. If you have not attained the age of majority, you must obtain the necessary permission in the form required by law from your parents or other legal representatives.
1. Liability with regard to Purchases in Europe (European Union)
1.1 Detach Entertainment (Detach Entertainment UG (haftungsbeschränkt)) is liable according to the statutory provisions under the applicable law for damages of Users caused by intentional or grossly negligent conduct by Detach Entertainment or its vicarious agents (Erfüllungsgehilfen) and for personal injury and damages according to the German Product Liability Act (Produkthaftungsgesetz).
1.2 In all other cases, Detach Entertainment‘s liability for damages – irrespective of the legal grounds – shall be limited as stipulated in the provisions below unless a guarantee accepted by Detach Entertainment says otherwise:
1.2.1 Detach Entertainment shall only be liable for damages caused by slight negligence to the extent that such damages result from violating essential contractual obligations (cardinal duties, Kardinalpflichten), i.e. such obligations whose fulfillment is a prerequisite for properly fulfilling the Agreement and which Users may normally expect. Accordingly, insofar as Detach Entertainment is liable for slight negligence, Detach Entertainment liability shall be limited to the typically foreseeable damage.
1.2.2 Detach Entertainment’s liability for damages caused by loss of data and/or programs due to slight negligence is limited to the typical cost of restoration, which would have been incurred in case of regular and appropriate data backup by the Users.
1.3 The provisions of the above paragraph 1.2 apply accordingly to a limitation of the obligation to indemnify for futile expenses (section 284 German Civil Code).
1.4 The above limitations of liability apply in favor of Detach Entertainment’s vicarious agents (Erfüllungsgehilfen) as well.
1.5 Detach Entertainment is not liable for costs incurred by the Users for services which are expressly not offered by Detach Entertainment, in particular costs for data transfer to or from the Users’ mobile devices.
1.6 The parties agree that insofar as the providing of the Services can be considered a lease contract under German civil law, Detach Entertainment shall not be liable according to section 536a subsection 1 of the German Civil Code, and this statutory provision shall not be applicable (meaning: no warranty without culpability for defects present from the outset).
1.7 The Game includes the Unreal® Engine code and other code, materials, and information (the “Epic Materials”) from Epic Games, Inc. (“Epic”). All Epic Materials are provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind. We are required to inform you, the Epic, and Epic’s affiliates disclaim all warranties, conditions, common law duties, and representations (express, implied, oral, and written) with respect to the Epic Materials to extent set forth below. However, we will accept the liability as the Licensor of the game in this regard to the extent set out above.
If you purchase the game outside Europe
NB.: THIS CLAUSE DOES NOT APPLY IF YOU PURCHASE THE GAME IN EUROPE
Scribble It! includes the Unreal® Engine code and other code, materials, and information (the “Epic Materials”) from Epic Games, Inc. (“Epic”). All Epic Materials are provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind. Detach Entertainment, Epic, and Epic’s affiliates disclaim all warranties, conditions, common law duties, and representations (express, implied, oral, and written) with respect to the Epic Materials, including without limitation all express, implied, and statutory warranties and conditions of any kind, such as title, non-interference with your enjoyment, authority, non-infringement, merchantability, fitness or suitability for any purpose (whether or not Epic knows or has reason to know of any such purpose), system integration, accuracy or completeness, results, reasonable care, workmanlike effort, lack of negligence, and lack of viruses, whether alleged to arise under law, by reason of custom or usage in the trade, or by course of dealing. Without limiting the generality of the foregoing, Detach Entertainment, Epic, and Epic’s affiliates make no warranty that (1) any of the Epic Materials will operate properly, including as integrated in Scribble It! (2) that the Epic Materials will meet your requirements, (3) that the operation of the Epic Materials will be uninterrupted, bug free, or error free in any or all circumstances, (4) that any defects in the Epic Materials can or will be corrected, (5) that the Epic Materials are or will be in compliance with a platform manufacturer’s rules or requirements, or (6) that a platform manufacturer has approved or will approve Scribble It!, or will not revoke approval of Scribble It! for any or no reason. Any warranty against infringement that may be provided in Section 2-312 of the Uniform Commercial Code or in any other comparable statute is expressly disclaimed by Detach Entertainment and Epic. Detach Entertainment, Epic, and Epic’s affiliates do not guarantee continuous, error-free, virus-free, or secure operation of or access to the Epic Materials. This paragraph will apply to the maximum extent permitted by applicable law.
To the maximum extent permitted by applicable law, neither Detach Entertainment, Epic, Epic’s licensors, nor its or their affiliates, nor any of Detach Entertainment’s or Epic’s service providers, shall be liable in any way for loss or damage of any kind resulting from the use or inability to use the Epic Materials or otherwise in connection with this [Agreement], including but not limited to loss of goodwill, work stoppage, computer failure, or malfunction, or any and all other commercial damages or losses. In no event will Detach Entertainment, Epic, Epic’s licensors, nor its or their affiliates, nor any of Detach Entertainment’s or Epic’s service providers be liable for any loss of profits or any indirect, incidental, consequential, special, punitive, or exemplary damages, or any other damages arising out of or in connection with this Agreement or the Epic Materials, or the delay or inability to use or lack of functionality of the Epic Materials, even in the event of Detach Entertainment’s, Epic’s, or Epic’s affiliates’ fault, tort (including negligence), strict liability, indemnity, product liability, breach of contract, breach of warranty, or otherwise and even if Detach Entertainment, Epic or Epic’s affiliates have been advised of the possibility of such damages. These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate compensation.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Detach Entertainment, Epic, Epic’s licensors, its and their affiliates, and any of Detach Entertainment’s or Epic’s service providers shall be limited to the full extent permitted by law.
2. Collection of Information
Detach Entertainment may collect information from you when you use the Game. Such information includes your SteamID, computer configuration, gameplay behavior and progress, browser type, platform type and software usage. This information is gathered periodically to facilitate the provision of software updates, product support and other services related to the Game.
Detach Entertainment may use any collected information to improve its products, administer the Game, analyze trends, or to provide services to you. In addition, Detach Entertainment may use this information for the purpose of research, development, administration, support and marketing of Detach Entertainment products and services. For more information, please see Detach Entertainment’s Privacy Policy available at
https://www.detach-entertainment.com/privacy
3. User Generated Content
This game allows you to create and make available to other users your own created content (“User Generated Content” or “UGC”). You hereby grant Detach Entertainment a nonexclusive, irrevocable, royalty-free, sublicensable, perpetual right to use, reproduce, modify, create derivative works from, distribute, transmit, broadcast, and otherwise communicate, publicly display and publicly perform your UGC, and derivative works of your UGC, in connection with the operation and promotion of the Game.
Detach Entertainment is under no obligation to use, distribute or continue to distribute UGC, and you understand that Detach Entertainment may restrict, or remove, your UGC for any reason.
You represent and warrant that the UGC, and your grant of rights in such UGC, does not violate any applicable contract, law or regulation, and that the UGC is your original work and does not infringe any third party´s intellectual property rights or any other rights.
Detach Entertainment specifically disclaims any liability with regard to User Generated Content.
Anyone who believes that their original work has been reproduced as UGC through one of our Games in a way that constitutes copyright infringement may notify us by sending an email to support@detach-entertainment.com.