Language: |
End User License Agreement
1. General
1.1. This agreement is a contract between you and Nusakan Studio[[/i]/b], governing your use of then Taurus VR game.
1.2. For the purpose of this agreement, the term Taurus VR game includes the software of the videogame itself, all of its components, for example; the source code, graphical content and musical score.
1.3. This agreement applies to the Taurus VR game and all of its future updates and expansions, unless the expansion is governed by a separate agreement. If an expansion to the Taurus VR game is governed by a separate agreement, you will be explicitly asked to agree to the separate agreement.
1.4. If you are a minor (below the legal age of majority in your country), please have the agreement reviewed and agreed to by your parent or legal guardian.
2. Application of a distributor's terms and conditions
2.1. Nusakan Studio generally use the services of a distributor to market our Taurus VR game. The distributor usually has its own terms and conditions governing your use of its services and the distribution of software via its services to you. If there is anything in the distributor's terms and conditions that overlaps with the legal matters regulated in this agreement, the distributor's terms and conditions take precedence unless they provide that this agreement between you and Nusakan Studio preferentially.
3. Health and safety warning
3.1. Due to its virtual-reality nature, the Taunus VR game can be physically challenging. Please consider your state of health before you start playing. If you have any doubts, consult a physician. Take breaks regularly and stay hydrated.
3.2. Please be careful and mindful of your environment when playing Taurus VR game. Always make sure there is enough space for you to play safely and that there are no obstacles or dangerous objects around you.
3.3. If you are a minor (below the legal age of majority in your country), please have the health and safety concerns checked by your parent or another responsible adult person before you start to play the Taurus VR game.
3.4. Please note that you, the player, take full responsibility for your actions while you play the Taurus VR game. Nusakan Studio does not take responsibility for any injury or any damage caused by your actions while playing the Taurus VR game.
4. License terms and ownership
4.1. Nusakan Studio gives you the right to use the Taurus VR game (a license) to the extent of downloading it, installing it, and playing it for your personal non-commercial enjoyment.
4.2. You may not do the following with the Taurus VR game:
4.2.1. use the Taurus VR game for commercial purposes, including but not limited to; e-sports, VR Café’s / arcades or any similar events, without the prior consent of Nusakan Studio or their distributor, unless specifically permitted in this Agreement;
4.2.2. grant a sublicense to another person;
4.2.3. copy the Taurus VR game, apart from creating copies necessary to run the Taurus VR game on your gaming device;
4.2.4. sell, rent, lease or otherwise distribute the Taurus VR game;
4.2.5. edit, merge, distribute, translate, reverse engineer, decompile, disassemble the Taurus VR game unless specifically permitted in this Agreement, or by Nusakan Studio prior consent, or by the mandatory rules of the applicable law;
4.2.6. cheat, wilfully exploit bugs or glitches, wilfully harass or grief other players, or utilize any software or other means to do any of the aforementioned activities in the Taurus VR game;
4.2.7. bypass or remove any measure preventing misuse of the Taurus VR game;
4.2.8. misuse the Taurus VR game in any way contrary to the applicable law, including good morals rules.
4.3. Nusakan Studio retains complete ownership rights to the Taurus VR game. No proprietary right is assigned to you via this agreement.
4.4. Nusakan Studio reserve the right to provide or unilaterally deploy patches, updates and other modifications to the Taurus VR game in order to remove or correct a bug, glitch or other issue, to prevent misuse of the game or breach of this agreement, or to enhance the gameplay (e.g., provide players with additional content).
4.5. Be considerate and polite while using any of the Taurus VR games online features of the game, especially when communicating with other players. Do not choose a rude or offensive user-name or any user-name infringing rights of others, especially personal rights. If you do this, Nusakan Studio reserve the right to take the appropriate measures, for example, change the player’s user-name, block the player’s access to the online features of Taurus VR game, or suspend or block the player’s access to the Taurus VR game.
5. Liability
5.1. Nusakan Studio grants you all the rights under this agreement to the Taurus VR game "as is" and "as available". That means that Nusakan Studio does not grant you any guarantee that the Taurus VR game works without any bugs, glitches, or other issues. In as much as the applicable law permits, Nusakan Studio does not take any responsibility or liability for the Taurus VR game having any bugs, glitches, or other issues.
5.2. Nusakan Studio warrants to you that we have the right to conclude this agreement with you and that we have the right to grant you the rights under this agreement (namely the license to use the Taurus VR game).
6. Termination
6.1. If you materially breach this agreement, we have the right to terminate the agreement without any notice period. If it comes to this, you will lose all the rights granted by this agreement, namely the right to use the Taurus VR game, whereas we shall have no further obligations to you stemming from this agreement.
7. Governing law and dispute resolution
7.1. This agreement, your use of the Taurus VR game and all claims based on, arising from or related to this agreement or its execution, including rights and obligations regarding compensation of damages caused by a breach of this agreement or rights and obligations regarding any unjust enrichment incurred in relation to this agreement, shall be governed by and enforced in accordance with the law of the Kingdom of Spain (excluding conflict-of-law rules), including its statutes of limitations.
7.2. Any dispute pertaining to this agreement shall be judged and resolved exclusively by the courts of the Kingdom of Spain
8. Changes and amendments
8.1. Nusakan Studio reserves the right to make changes to this agreement. In such case, we will post the changes and amended text of the agreement online and take reasonable steps to draw your attention to it.
8.2. The changes shall come into effect (become legally binding) 30 days after we post the amended agreement online, unless a longer period is stipulated in the amendment. If you don't agree to the changes, you can terminate this agreement by simply ceasing to use the Taurus VR game (including deleting any copy installed on your gaming device). If you continue to use the Taurus VR game after the changes have come into effect, it shall be construed that you agree to the amended agreement in its entirety.
9. Other legal matters
9.1. You may not assign this agreement or any of the rights granted in the agreement to another person.
9.2. In as much as the applicable law permits, the provisions of this agreement shall be interpreted to the fullest extent expressed in this agreement. If any of the provisions of this agreement is deemed to be void, inapplicable, or unenforceable, the remaining provisions shall not be affected.
10. Contact
10.1. If you have any questions, comments or feedback, you can contact us at: support@nusakanstudio.com.
Unreal® Engine Disclaimers and Limitation of Liability
Taurus VR 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. Nusakan Studio, 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, Nusakan Studio, Epic, and Epic’s affiliates make no warranty that (1) any of the Epic Materials will operate properly, including as integrated in the Taurus VR , (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 this [Product], or will not revoke approval of this Taurus VR 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 Nusakan Studio and Epic. Nusakan Studio, 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 Nusakan Studio, Epic, Epic’s licensors, nor its or their affiliates, nor any of Nusakan Studio 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 Nusakan Studio, Epic, Epic’s licensors, nor its or their affiliates, nor any of Nusakan Studio 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 Nusakan Studio, 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 Nusakan Studio, 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 Nusakan Studio, Epic, Epic’s licensors, its and their affiliates, and any of Nusakan Studio or Epic’s service providers shall be limited to the full extent permitted by law.
1. General
1.1. This agreement is a contract between you and Nusakan Studio[[/i]/b], governing your use of then Taurus VR game.
1.2. For the purpose of this agreement, the term Taurus VR game includes the software of the videogame itself, all of its components, for example; the source code, graphical content and musical score.
1.3. This agreement applies to the Taurus VR game and all of its future updates and expansions, unless the expansion is governed by a separate agreement. If an expansion to the Taurus VR game is governed by a separate agreement, you will be explicitly asked to agree to the separate agreement.
1.4. If you are a minor (below the legal age of majority in your country), please have the agreement reviewed and agreed to by your parent or legal guardian.
2. Application of a distributor's terms and conditions
2.1. Nusakan Studio generally use the services of a distributor to market our Taurus VR game. The distributor usually has its own terms and conditions governing your use of its services and the distribution of software via its services to you. If there is anything in the distributor's terms and conditions that overlaps with the legal matters regulated in this agreement, the distributor's terms and conditions take precedence unless they provide that this agreement between you and Nusakan Studio preferentially.
3. Health and safety warning
3.1. Due to its virtual-reality nature, the Taunus VR game can be physically challenging. Please consider your state of health before you start playing. If you have any doubts, consult a physician. Take breaks regularly and stay hydrated.
3.2. Please be careful and mindful of your environment when playing Taurus VR game. Always make sure there is enough space for you to play safely and that there are no obstacles or dangerous objects around you.
3.3. If you are a minor (below the legal age of majority in your country), please have the health and safety concerns checked by your parent or another responsible adult person before you start to play the Taurus VR game.
3.4. Please note that you, the player, take full responsibility for your actions while you play the Taurus VR game. Nusakan Studio does not take responsibility for any injury or any damage caused by your actions while playing the Taurus VR game.
4. License terms and ownership
4.1. Nusakan Studio gives you the right to use the Taurus VR game (a license) to the extent of downloading it, installing it, and playing it for your personal non-commercial enjoyment.
4.2. You may not do the following with the Taurus VR game:
4.2.1. use the Taurus VR game for commercial purposes, including but not limited to; e-sports, VR Café’s / arcades or any similar events, without the prior consent of Nusakan Studio or their distributor, unless specifically permitted in this Agreement;
4.2.2. grant a sublicense to another person;
4.2.3. copy the Taurus VR game, apart from creating copies necessary to run the Taurus VR game on your gaming device;
4.2.4. sell, rent, lease or otherwise distribute the Taurus VR game;
4.2.5. edit, merge, distribute, translate, reverse engineer, decompile, disassemble the Taurus VR game unless specifically permitted in this Agreement, or by Nusakan Studio prior consent, or by the mandatory rules of the applicable law;
4.2.6. cheat, wilfully exploit bugs or glitches, wilfully harass or grief other players, or utilize any software or other means to do any of the aforementioned activities in the Taurus VR game;
4.2.7. bypass or remove any measure preventing misuse of the Taurus VR game;
4.2.8. misuse the Taurus VR game in any way contrary to the applicable law, including good morals rules.
4.3. Nusakan Studio retains complete ownership rights to the Taurus VR game. No proprietary right is assigned to you via this agreement.
4.4. Nusakan Studio reserve the right to provide or unilaterally deploy patches, updates and other modifications to the Taurus VR game in order to remove or correct a bug, glitch or other issue, to prevent misuse of the game or breach of this agreement, or to enhance the gameplay (e.g., provide players with additional content).
4.5. Be considerate and polite while using any of the Taurus VR games online features of the game, especially when communicating with other players. Do not choose a rude or offensive user-name or any user-name infringing rights of others, especially personal rights. If you do this, Nusakan Studio reserve the right to take the appropriate measures, for example, change the player’s user-name, block the player’s access to the online features of Taurus VR game, or suspend or block the player’s access to the Taurus VR game.
5. Liability
5.1. Nusakan Studio grants you all the rights under this agreement to the Taurus VR game "as is" and "as available". That means that Nusakan Studio does not grant you any guarantee that the Taurus VR game works without any bugs, glitches, or other issues. In as much as the applicable law permits, Nusakan Studio does not take any responsibility or liability for the Taurus VR game having any bugs, glitches, or other issues.
5.2. Nusakan Studio warrants to you that we have the right to conclude this agreement with you and that we have the right to grant you the rights under this agreement (namely the license to use the Taurus VR game).
6. Termination
6.1. If you materially breach this agreement, we have the right to terminate the agreement without any notice period. If it comes to this, you will lose all the rights granted by this agreement, namely the right to use the Taurus VR game, whereas we shall have no further obligations to you stemming from this agreement.
7. Governing law and dispute resolution
7.1. This agreement, your use of the Taurus VR game and all claims based on, arising from or related to this agreement or its execution, including rights and obligations regarding compensation of damages caused by a breach of this agreement or rights and obligations regarding any unjust enrichment incurred in relation to this agreement, shall be governed by and enforced in accordance with the law of the Kingdom of Spain (excluding conflict-of-law rules), including its statutes of limitations.
7.2. Any dispute pertaining to this agreement shall be judged and resolved exclusively by the courts of the Kingdom of Spain
8. Changes and amendments
8.1. Nusakan Studio reserves the right to make changes to this agreement. In such case, we will post the changes and amended text of the agreement online and take reasonable steps to draw your attention to it.
8.2. The changes shall come into effect (become legally binding) 30 days after we post the amended agreement online, unless a longer period is stipulated in the amendment. If you don't agree to the changes, you can terminate this agreement by simply ceasing to use the Taurus VR game (including deleting any copy installed on your gaming device). If you continue to use the Taurus VR game after the changes have come into effect, it shall be construed that you agree to the amended agreement in its entirety.
9. Other legal matters
9.1. You may not assign this agreement or any of the rights granted in the agreement to another person.
9.2. In as much as the applicable law permits, the provisions of this agreement shall be interpreted to the fullest extent expressed in this agreement. If any of the provisions of this agreement is deemed to be void, inapplicable, or unenforceable, the remaining provisions shall not be affected.
10. Contact
10.1. If you have any questions, comments or feedback, you can contact us at: support@nusakanstudio.com.
Unreal® Engine Disclaimers and Limitation of Liability
Taurus VR 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. Nusakan Studio, 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, Nusakan Studio, Epic, and Epic’s affiliates make no warranty that (1) any of the Epic Materials will operate properly, including as integrated in the Taurus VR , (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 this [Product], or will not revoke approval of this Taurus VR 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 Nusakan Studio and Epic. Nusakan Studio, 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 Nusakan Studio, Epic, Epic’s licensors, nor its or their affiliates, nor any of Nusakan Studio 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 Nusakan Studio, Epic, Epic’s licensors, nor its or their affiliates, nor any of Nusakan Studio 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 Nusakan Studio, 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 Nusakan Studio, 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 Nusakan Studio, Epic, Epic’s licensors, its and their affiliates, and any of Nusakan Studio or Epic’s service providers shall be limited to the full extent permitted by law.