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RAVENOUS GAMES INC.
End User License Agreement
Last Updated: January 31, 2020
THIS SOFTWARE END USER LICENSE AGREEMENT ("EULA") IS A LEGAL AGREEMENT BETWEEN YOU AND RAVENOUS GAMES INC. ("LICENSOR") FOR YOUR ACCESS TO AND USE OF A VIDEOGAME CURRENTLY KNOWN AS DEADTIME DEFENDERS ("GAME"). THIS AGREEMENT INCORPORATES BY REFERENCE LICENSOR'S PRIVACY POLICY (http://ravenousgames.com/privacy) ("PRIVACY POLICY") AND LICENSOR'S TERMS OF USE POLICY (http://ravenousgames.com/termsofuse) ("TERMS OF USE"). By installing, copying, downloading or otherwise using the GAME, you shall be deemed to have agreed to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install, copy, download or otherwise use the GAME.
1. GRANT OF LICENSE. Subject to the payment of any applicable license fee, LICENSOR grants you the revocable, limited, non-exclusive, non-transferable license to install the GAME onto a single computer for your personal use. You may not use, modify, sell, lease, lend, rent, distribute, sublicense, transfer or disclose any part of the GAME, except as provided in this EULA. You may not reverse engineer, decompile, or disassemble the GAME, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
2. AGE RESTRICTION. The GAME is designed to be used by individuals who are over the age of the majority in their jurisdiction of residence (the "DESIGNATED AGE"). If you are under the DESIGNATED AGE, you must be at least 16 years old and may download and/or use the GAME only in conjunction with, and under the supervision of, your parent or guardian, and your parent or guardian must read and agree to this EULA of use before you access and/or use the GAME. If you do not qualify, you may not download or use the GAME. You represent and warrant that you are over the DESIGNATED AGE in your jurisdiction or have the necessary parent or guardian permission and supervision as described in this paragraph.
3. GAME FEES. You may be required to purchase a license to the GAME. By purchasing a license, you agree to pay the fee quoted to you at the time of purchase and any applicable taxes. You further agree that your payment will be processed by Steam and/or its third-party payment processors, and you agree to be bound by any applicable terms and/or refund policies of such third-party.
4. RESERVATION OF RIGHTS AND OWNERSHIP. LICENSOR reserves all rights not expressly granted to you in this EULA. The GAME is licensed, not sold. Except for the license expressly granted hereunder, LICENSOR retains all right, title and interest in and to the GAME and all copies thereof. The GAME, including names, artwork, videos, music, characters, logos, and other content, is protected by Canadian, United States and international copyright laws and international treaty provisions. You acknowledge that LICENSOR owns all copyright and other intellectual property rights in and to the GAME. You may not remove the copyright and other proprietary rights notices from the GAME. Your feedback, analysis, suggestions and comments to LICENSOR (including, but not limited to, bug reports and test results) (collectively, "FEEDBACK") shall be the sole and exclusive property of LICENSOR, and you hereby assign all of your right, title and interest in the FEEDBACK, and all intellectual property rights related thereto, to LICENSOR.
5. USER RESPONSIBILITIES AND RESTRICTIONS. You are responsible for all activity occurring on your user account used to access the GAME and for the compliance with this EULA. Without limiting the generality of the foregoing, you agree that you will not:
(a) use the GAME to send, store, publish, post, upload or otherwise transmit any information in violation of any laws, rules or regulations including those relating to and privacy, or in violation of any of Your warranties, representations or obligations under this EULA;
(b) use the GAME to upload, collect, transmit, store, use or process any information or other data:
(i) that you do not have the lawful right to copy, transmit, distribute, and display;
(ii) for which you do not have the consent or permission from the owner of any personal information contained therein;
(iii) that is tortious, defamatory, obscene, or offensive; or
(iv) that violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil or criminal liability;
(c) use the GAME to send, store, publish, post, upload or otherwise transmit any viruses, Trojan horses, worms, corrupted files or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any systems, data, personal information or property of another;
(d) use the GAME in a manner that interferes with or disrupts the integrity or performance of the GAME;
(e) attempt to gain unauthorized access to the GAME or its related systems or networks;
(f) use or knowingly permit the use of any security testing tools in order to probe, scan or attempt to penetrate or ascertain the security of the GAME;
(g) use any data mining, robots or similar data gathering or extraction methods;
(h) access the GAME for the purpose of building a similar or competitive product or service or for the purpose of obtaining unauthorized access to the GAME; or
(i) use, develop or sell, cheats, automation software (bots), hacks, mods or any other unauthorized third-party software designed to modify the GAME.
6. SOFTWARE; UPDATES AND SUPPORT. The GAME may not operate correctly and may be substantially modified in the future. In the event of a problem with the GAME, you may only need simple instructions to correct the problem. Please contact LICENSOR via email at support@ravenousgames.com. LICENSOR may provide updates to the GAME from time to time, but LICENSOR shall have no obligation to provide updates or support services for the GAME.
7. COLLECTION OF INFORMATION. LICENSOR may collect information from you when you download or use the GAME. Such information includes your SteamID, computer configuration, gameplay behavior and progress, and GAME usage. This information is gathered to improve its products, provide software updates, to monitor any cheats, hacks or tampering, to analyze trends, provide product support, and other services related to the GAME. In addition, LICENSOR may use this information for the purpose of research, development, administration, support, and marketing of LICENSOR products and services. For information on how LICENSOR collects and used personal information, please visit the PRIVACY POLICY at: http://ravenousgames.com/privacy.
8. VIRTUAL GOODS. Our GAME may include virtual items or currencies, including, but not limited to, "coins", "crystals", or "gold", some of which may be earned by playing the GAME or purchased for real money ("VIRTUAL GOODS"). You must be at least the DESIGNATED AGE to purchase VIRTUAL GOODS with real money. Your account and any related items, including VIRTUAL GOODS, are owned by LICENSOR. LICENSOR gives you a limited license to use your account and the related items while we offer the GAME. If your account is terminated in accordance with this EULA, we reserve the right to also delete and terminate any VIRTUAL GOODS associated with your account.
9. DISCLAIMER OF WARRANTIES. YOU ACKNOWLEDGE THAT THE GAME MAY CONTAIN ERRORS AND DEFECTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR PROVIDES THE GAME AND SUPPORT SERVICES (IF ANY) AS IS AND WITH ALL FAULTS, AND HEREBY DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, NON-INFRINGEMENT,TITLE, FITNESS FOR A PARTICULAR PURPOSE, OF RELIABILITY OR AVAILABILITY, OF ACCURACY OR COMPLETENESS OF RESPONSES, OF RESULTS, OF WORKMANLIKE EFFORT, OF LACK OF VIRUSES, AND OF LACK OF NEGLIGENCE.
10. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. To the maximum extent permitted by applicable law, in no event shall LICENSOR be liable for any special, incidental, punitive, indirect, or consequential damages (including, but not limited to, damages for loss of profits, for personal injury, for loss of privacy, for failure to meet any duty including of good faith or of reasonable care, for negligence, and for any other pecuniary or other loss whatsoever) arising out of or in any way related to the use of or inability to use the GAME, the provision of or failure to provide support or other services, information and related content through the GAME or otherwise arising out of the use of the GAME, or otherwise under or in connection with any provision of this EULA, even in the event of the fault, tort (including negligence), misrepresentation, strict liability, breach of contract or breach of warranty of LICENSOR, and even if LICENSOR has been advised of the possibility of such damages.
11. LIMITATION OF LIABILITY AND REMEDIES. THE ENTIRE LIABILITY OF LICENSOR AND YOUR EXCLUSIVE REMEDY HEREUNDER SHALL BE LIMITED TO THE ACTUAL DAMAGES YOU INCUR IN REASONABLE RELIANCE ON THE GAME UP TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE GAME. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
12. INDEMNIFICIATION. YOU SHALL INDEMNIFY, DEFEND AND HOLD LICENSOR AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, SERVICE PROVIDERS, AND EMPLOYEES, HARMLESS FROM ALL CLAIMS, THREATS, ACTIONS, PROCEEDINGS, DEMANDS, DAMAGES, LOSSES, OBLIGATIONS, COSTS, AND EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF MATERIALS SUBMITTED, POSTED, TRANSMITTED OR MADE AVAILABLE BY YOU THROUGH THE GAME, ANY VIOLATION BY YOU OF THE EULA, OR ANY VIOLATION BY YOU OF ANY RIGHTS OF ANOTHER (INCLUDING, WITHOUT LIMITATION, ALL INTELLECTUAL PROPERTY RIGHTS AND RIGHTS OF PUBLICITY, PERSONALITY OR PRIVACY), ANY VIOLATION BY YOU OF ANY APPLICABLE LAWS, RULES AND REGULATIONS.
13. TERM/TERMINATION. This EULA is effective until terminated, and those provisions which by their nature should survive termination shall survive termination, including without limitation those provisions addressing license limitations, disclaimer of warranties, limitation of liability, indemnification and ownership. LICENSOR may terminate the GAME at any time in its discretion. You may terminate this EULA at any time by permanently destroying all copies of the GAME and related documentation in your possession. Note: Your license terminates immediately if you attempt to circumvent any technical protection measures used in connection with the GAME.
14. APPLICATION PROVIDER. In the event you are using the GAME in connection with a device and an application (an "APPLICATION") accessed through or downloaded from any app store or distribution platform (including, but not limited to, Steam, Apple App Store or Google Play) where the APPLICATION is made available (each an "APPLICATION PROVIDER"). You acknowledge and agree that:
(a) This Agreement is concluded between you and LICENSOR, and not with the APPLICATION PROVIDER, and LICENSOR (not the APPLICATION PROVIDER), is solely responsible for the APPLICATION.
(b) The APPLICATION PROVIDER has no obligation to furnish any maintenance and support services with respect to the APPLICATION.
(c) In the event of any failure of the APPLICATION to conform to any applicable warranty, you may notify the APPLICATION PROVIDER, and the APPLICATION PROVIDER may refund the purchase price for the APPLICATION to you (if applicable) and to the maximum extent permitted by applicable law, the APPLICATION PROVIDER will have no other warranty obligation whatsoever with respect to the APPLICATION. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of LICENSOR.
(d) The APPLICATION PROVIDER is not responsible for addressing any claims you have or any claims of any third party relating to the APPLICATION or your possession and use of the APPLICATION, including, but not limited to:
(i) product liability claims;
(ii) any claim that the APPLICATION fails to conform to any applicable legal or regulatory requirement; and
(iii) claims arising under consumer protection or similar legislation.
(e) In the event of any third party claim that the APPLICATION or your possession and use of that APPLICATION infringes that third party's intellectual property rights, LICENSOR will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement.
(f) The APPLICATION PROVIDER, and its subsidiaries, are third party beneficiaries of this Agreement as related to your license of the APPLICATION, and that, upon your acceptance of the terms and conditions of this EULA, the APPLICATION PROVIDER will have the right (and will be deemed to have accepted the right) to enforce this Agreement as related to your license of the APPLICATION against you as a third party beneficiary thereof.
(g) You must also comply with all applicable third party terms of service when using the APPLICATION.
15. EXPORT CONTROL. You acknowledge and agree that the GAME may be subject to export and import controls under the regulations of Canada, the United States and other countries, and you shall comply with all export and import control regulations of such countries. You shall not use the GAME for any purposes prohibited by export laws, including, without limitation, nuclear, chemical or biological weapons proliferation. You shall be responsible for procuring all required permissions for any subsequent export, import or use of the GAME.
16. GOVERNING LAW/JURISDICTION. This EULA shall be construed and controlled by the laws of the Province of Ontario, and you consent to exclusive jurisdiction and venue in the federal and provincial courts in the Province of Ontario located in Ottawa, ON.
17. THIRD PARTY SOFTWARE AND CONTENT. LICENSOR does not control any third-party services or content and the GAME uses certain third-party software, which may not be extracted from the GAME for any purpose, including software licensed by Unity Technologies ApS, brainCloud, and GameAnalytics, among others. These third parties may collect certain data from your use of the GAME as further described in our PRIVACY POLICY. The presence on the website of a link to any third-party websites does not imply that LICENSOR endorses or accepts any responsibility for the content or use of such websites, and you hereby release LICENSOR from all liability and/damages that may arise from your use of such websites or receipt of services from any such websites.
18. CHANGES TO EULA AND GAME. LICENSOR reserves the right, in its sole and absolute discretion, to revise, update, change, modify, add to, supplement, or delete certain terms of this EULA for security, legal, best practice or regulatory reasons. Such changes will be effective with or, as applicable, without prior notice to You. You can review the most current version of this EULA by clicking on the "EULA" link on Steam. You are responsible for checking this EULA periodically for changes. If any future changes to this EULA are unacceptable to you or cause you to no longer be in agreement or compliance with this EULA, you may terminate this EULA in accordance with Section 13 and must immediately uninstall the GAME and destroy all copies of the GAME. Your continued use of the GAME following any revision to this EULA constitutes your complete and irrevocable acceptance of any and all such changes. LICENSOR may change, modify, suspend, or discontinue any aspect of the GAME at any time. You have no interest, monetary or otherwise, in any feature or content contained in the GAME.
19. ENTIRE AGREEMENT; SEVERABILITY. This EULA (including the Ravenous Terms of Use and Privacy Policy) constitutes the complete and exclusive agreement between you and LICENSOR with respect to the subject matter hereof, and supersedes all prior or contemporaneous oral or written communications, proposals, representations, understandings or agreements not specifically incorporated herein. If any provision of this EULA is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.
20. ASSIGNMENT. You may not assign this EULA, or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise without LICENSOR's prior written consent. LICENSOR may assign this EULA, or any rights or licenses granted hereunder, at any time without notice.
21. ENGLISH LANGUAGE. It is the express wish of the parties that this agreement and all related documents be drawn up in English.
22. CONTACT. If you have any questions about this EULA or if you wish to make any complaint or claim with respect to the GAME please contact us at: support@ravenousgames.com.
End User License Agreement
Last Updated: January 31, 2020
THIS SOFTWARE END USER LICENSE AGREEMENT ("EULA") IS A LEGAL AGREEMENT BETWEEN YOU AND RAVENOUS GAMES INC. ("LICENSOR") FOR YOUR ACCESS TO AND USE OF A VIDEOGAME CURRENTLY KNOWN AS DEADTIME DEFENDERS ("GAME"). THIS AGREEMENT INCORPORATES BY REFERENCE LICENSOR'S PRIVACY POLICY (http://ravenousgames.com/privacy) ("PRIVACY POLICY") AND LICENSOR'S TERMS OF USE POLICY (http://ravenousgames.com/termsofuse) ("TERMS OF USE"). By installing, copying, downloading or otherwise using the GAME, you shall be deemed to have agreed to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install, copy, download or otherwise use the GAME.
1. GRANT OF LICENSE. Subject to the payment of any applicable license fee, LICENSOR grants you the revocable, limited, non-exclusive, non-transferable license to install the GAME onto a single computer for your personal use. You may not use, modify, sell, lease, lend, rent, distribute, sublicense, transfer or disclose any part of the GAME, except as provided in this EULA. You may not reverse engineer, decompile, or disassemble the GAME, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
2. AGE RESTRICTION. The GAME is designed to be used by individuals who are over the age of the majority in their jurisdiction of residence (the "DESIGNATED AGE"). If you are under the DESIGNATED AGE, you must be at least 16 years old and may download and/or use the GAME only in conjunction with, and under the supervision of, your parent or guardian, and your parent or guardian must read and agree to this EULA of use before you access and/or use the GAME. If you do not qualify, you may not download or use the GAME. You represent and warrant that you are over the DESIGNATED AGE in your jurisdiction or have the necessary parent or guardian permission and supervision as described in this paragraph.
3. GAME FEES. You may be required to purchase a license to the GAME. By purchasing a license, you agree to pay the fee quoted to you at the time of purchase and any applicable taxes. You further agree that your payment will be processed by Steam and/or its third-party payment processors, and you agree to be bound by any applicable terms and/or refund policies of such third-party.
4. RESERVATION OF RIGHTS AND OWNERSHIP. LICENSOR reserves all rights not expressly granted to you in this EULA. The GAME is licensed, not sold. Except for the license expressly granted hereunder, LICENSOR retains all right, title and interest in and to the GAME and all copies thereof. The GAME, including names, artwork, videos, music, characters, logos, and other content, is protected by Canadian, United States and international copyright laws and international treaty provisions. You acknowledge that LICENSOR owns all copyright and other intellectual property rights in and to the GAME. You may not remove the copyright and other proprietary rights notices from the GAME. Your feedback, analysis, suggestions and comments to LICENSOR (including, but not limited to, bug reports and test results) (collectively, "FEEDBACK") shall be the sole and exclusive property of LICENSOR, and you hereby assign all of your right, title and interest in the FEEDBACK, and all intellectual property rights related thereto, to LICENSOR.
5. USER RESPONSIBILITIES AND RESTRICTIONS. You are responsible for all activity occurring on your user account used to access the GAME and for the compliance with this EULA. Without limiting the generality of the foregoing, you agree that you will not:
(a) use the GAME to send, store, publish, post, upload or otherwise transmit any information in violation of any laws, rules or regulations including those relating to and privacy, or in violation of any of Your warranties, representations or obligations under this EULA;
(b) use the GAME to upload, collect, transmit, store, use or process any information or other data:
(i) that you do not have the lawful right to copy, transmit, distribute, and display;
(ii) for which you do not have the consent or permission from the owner of any personal information contained therein;
(iii) that is tortious, defamatory, obscene, or offensive; or
(iv) that violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil or criminal liability;
(c) use the GAME to send, store, publish, post, upload or otherwise transmit any viruses, Trojan horses, worms, corrupted files or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any systems, data, personal information or property of another;
(d) use the GAME in a manner that interferes with or disrupts the integrity or performance of the GAME;
(e) attempt to gain unauthorized access to the GAME or its related systems or networks;
(f) use or knowingly permit the use of any security testing tools in order to probe, scan or attempt to penetrate or ascertain the security of the GAME;
(g) use any data mining, robots or similar data gathering or extraction methods;
(h) access the GAME for the purpose of building a similar or competitive product or service or for the purpose of obtaining unauthorized access to the GAME; or
(i) use, develop or sell, cheats, automation software (bots), hacks, mods or any other unauthorized third-party software designed to modify the GAME.
6. SOFTWARE; UPDATES AND SUPPORT. The GAME may not operate correctly and may be substantially modified in the future. In the event of a problem with the GAME, you may only need simple instructions to correct the problem. Please contact LICENSOR via email at support@ravenousgames.com. LICENSOR may provide updates to the GAME from time to time, but LICENSOR shall have no obligation to provide updates or support services for the GAME.
7. COLLECTION OF INFORMATION. LICENSOR may collect information from you when you download or use the GAME. Such information includes your SteamID, computer configuration, gameplay behavior and progress, and GAME usage. This information is gathered to improve its products, provide software updates, to monitor any cheats, hacks or tampering, to analyze trends, provide product support, and other services related to the GAME. In addition, LICENSOR may use this information for the purpose of research, development, administration, support, and marketing of LICENSOR products and services. For information on how LICENSOR collects and used personal information, please visit the PRIVACY POLICY at: http://ravenousgames.com/privacy.
8. VIRTUAL GOODS. Our GAME may include virtual items or currencies, including, but not limited to, "coins", "crystals", or "gold", some of which may be earned by playing the GAME or purchased for real money ("VIRTUAL GOODS"). You must be at least the DESIGNATED AGE to purchase VIRTUAL GOODS with real money. Your account and any related items, including VIRTUAL GOODS, are owned by LICENSOR. LICENSOR gives you a limited license to use your account and the related items while we offer the GAME. If your account is terminated in accordance with this EULA, we reserve the right to also delete and terminate any VIRTUAL GOODS associated with your account.
9. DISCLAIMER OF WARRANTIES. YOU ACKNOWLEDGE THAT THE GAME MAY CONTAIN ERRORS AND DEFECTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR PROVIDES THE GAME AND SUPPORT SERVICES (IF ANY) AS IS AND WITH ALL FAULTS, AND HEREBY DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, NON-INFRINGEMENT,TITLE, FITNESS FOR A PARTICULAR PURPOSE, OF RELIABILITY OR AVAILABILITY, OF ACCURACY OR COMPLETENESS OF RESPONSES, OF RESULTS, OF WORKMANLIKE EFFORT, OF LACK OF VIRUSES, AND OF LACK OF NEGLIGENCE.
10. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. To the maximum extent permitted by applicable law, in no event shall LICENSOR be liable for any special, incidental, punitive, indirect, or consequential damages (including, but not limited to, damages for loss of profits, for personal injury, for loss of privacy, for failure to meet any duty including of good faith or of reasonable care, for negligence, and for any other pecuniary or other loss whatsoever) arising out of or in any way related to the use of or inability to use the GAME, the provision of or failure to provide support or other services, information and related content through the GAME or otherwise arising out of the use of the GAME, or otherwise under or in connection with any provision of this EULA, even in the event of the fault, tort (including negligence), misrepresentation, strict liability, breach of contract or breach of warranty of LICENSOR, and even if LICENSOR has been advised of the possibility of such damages.
11. LIMITATION OF LIABILITY AND REMEDIES. THE ENTIRE LIABILITY OF LICENSOR AND YOUR EXCLUSIVE REMEDY HEREUNDER SHALL BE LIMITED TO THE ACTUAL DAMAGES YOU INCUR IN REASONABLE RELIANCE ON THE GAME UP TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE GAME. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
12. INDEMNIFICIATION. YOU SHALL INDEMNIFY, DEFEND AND HOLD LICENSOR AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, SERVICE PROVIDERS, AND EMPLOYEES, HARMLESS FROM ALL CLAIMS, THREATS, ACTIONS, PROCEEDINGS, DEMANDS, DAMAGES, LOSSES, OBLIGATIONS, COSTS, AND EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF MATERIALS SUBMITTED, POSTED, TRANSMITTED OR MADE AVAILABLE BY YOU THROUGH THE GAME, ANY VIOLATION BY YOU OF THE EULA, OR ANY VIOLATION BY YOU OF ANY RIGHTS OF ANOTHER (INCLUDING, WITHOUT LIMITATION, ALL INTELLECTUAL PROPERTY RIGHTS AND RIGHTS OF PUBLICITY, PERSONALITY OR PRIVACY), ANY VIOLATION BY YOU OF ANY APPLICABLE LAWS, RULES AND REGULATIONS.
13. TERM/TERMINATION. This EULA is effective until terminated, and those provisions which by their nature should survive termination shall survive termination, including without limitation those provisions addressing license limitations, disclaimer of warranties, limitation of liability, indemnification and ownership. LICENSOR may terminate the GAME at any time in its discretion. You may terminate this EULA at any time by permanently destroying all copies of the GAME and related documentation in your possession. Note: Your license terminates immediately if you attempt to circumvent any technical protection measures used in connection with the GAME.
14. APPLICATION PROVIDER. In the event you are using the GAME in connection with a device and an application (an "APPLICATION") accessed through or downloaded from any app store or distribution platform (including, but not limited to, Steam, Apple App Store or Google Play) where the APPLICATION is made available (each an "APPLICATION PROVIDER"). You acknowledge and agree that:
(a) This Agreement is concluded between you and LICENSOR, and not with the APPLICATION PROVIDER, and LICENSOR (not the APPLICATION PROVIDER), is solely responsible for the APPLICATION.
(b) The APPLICATION PROVIDER has no obligation to furnish any maintenance and support services with respect to the APPLICATION.
(c) In the event of any failure of the APPLICATION to conform to any applicable warranty, you may notify the APPLICATION PROVIDER, and the APPLICATION PROVIDER may refund the purchase price for the APPLICATION to you (if applicable) and to the maximum extent permitted by applicable law, the APPLICATION PROVIDER will have no other warranty obligation whatsoever with respect to the APPLICATION. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of LICENSOR.
(d) The APPLICATION PROVIDER is not responsible for addressing any claims you have or any claims of any third party relating to the APPLICATION or your possession and use of the APPLICATION, including, but not limited to:
(i) product liability claims;
(ii) any claim that the APPLICATION fails to conform to any applicable legal or regulatory requirement; and
(iii) claims arising under consumer protection or similar legislation.
(e) In the event of any third party claim that the APPLICATION or your possession and use of that APPLICATION infringes that third party's intellectual property rights, LICENSOR will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement.
(f) The APPLICATION PROVIDER, and its subsidiaries, are third party beneficiaries of this Agreement as related to your license of the APPLICATION, and that, upon your acceptance of the terms and conditions of this EULA, the APPLICATION PROVIDER will have the right (and will be deemed to have accepted the right) to enforce this Agreement as related to your license of the APPLICATION against you as a third party beneficiary thereof.
(g) You must also comply with all applicable third party terms of service when using the APPLICATION.
15. EXPORT CONTROL. You acknowledge and agree that the GAME may be subject to export and import controls under the regulations of Canada, the United States and other countries, and you shall comply with all export and import control regulations of such countries. You shall not use the GAME for any purposes prohibited by export laws, including, without limitation, nuclear, chemical or biological weapons proliferation. You shall be responsible for procuring all required permissions for any subsequent export, import or use of the GAME.
16. GOVERNING LAW/JURISDICTION. This EULA shall be construed and controlled by the laws of the Province of Ontario, and you consent to exclusive jurisdiction and venue in the federal and provincial courts in the Province of Ontario located in Ottawa, ON.
17. THIRD PARTY SOFTWARE AND CONTENT. LICENSOR does not control any third-party services or content and the GAME uses certain third-party software, which may not be extracted from the GAME for any purpose, including software licensed by Unity Technologies ApS, brainCloud, and GameAnalytics, among others. These third parties may collect certain data from your use of the GAME as further described in our PRIVACY POLICY. The presence on the website of a link to any third-party websites does not imply that LICENSOR endorses or accepts any responsibility for the content or use of such websites, and you hereby release LICENSOR from all liability and/damages that may arise from your use of such websites or receipt of services from any such websites.
18. CHANGES TO EULA AND GAME. LICENSOR reserves the right, in its sole and absolute discretion, to revise, update, change, modify, add to, supplement, or delete certain terms of this EULA for security, legal, best practice or regulatory reasons. Such changes will be effective with or, as applicable, without prior notice to You. You can review the most current version of this EULA by clicking on the "EULA" link on Steam. You are responsible for checking this EULA periodically for changes. If any future changes to this EULA are unacceptable to you or cause you to no longer be in agreement or compliance with this EULA, you may terminate this EULA in accordance with Section 13 and must immediately uninstall the GAME and destroy all copies of the GAME. Your continued use of the GAME following any revision to this EULA constitutes your complete and irrevocable acceptance of any and all such changes. LICENSOR may change, modify, suspend, or discontinue any aspect of the GAME at any time. You have no interest, monetary or otherwise, in any feature or content contained in the GAME.
19. ENTIRE AGREEMENT; SEVERABILITY. This EULA (including the Ravenous Terms of Use and Privacy Policy) constitutes the complete and exclusive agreement between you and LICENSOR with respect to the subject matter hereof, and supersedes all prior or contemporaneous oral or written communications, proposals, representations, understandings or agreements not specifically incorporated herein. If any provision of this EULA is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.
20. ASSIGNMENT. You may not assign this EULA, or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise without LICENSOR's prior written consent. LICENSOR may assign this EULA, or any rights or licenses granted hereunder, at any time without notice.
21. ENGLISH LANGUAGE. It is the express wish of the parties that this agreement and all related documents be drawn up in English.
22. CONTACT. If you have any questions about this EULA or if you wish to make any complaint or claim with respect to the GAME please contact us at: support@ravenousgames.com.