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End-User License Agreement (EULA) of Scorched Islands
This End-User License Agreement ("EULA") is a legal agreement between you and Ignis Game Studio, a company registered in Polish Tax Office under number 7311474117 (“Ignis Game Studio”).
This EULA agreement governs your acquisition and use of our Scorched Islands software (also as the "Software") directly from Ignis Game Studio or indirectly through the Ignis Game Studio’s authorized reseller or distributor (a "Reseller").
Please read this EULA agreement carefully before completing the installation process and using the Software. It provides a license to use the Software and contains warranty information and liability disclaimers.
If you register for a free trial of the Software, this EULA agreement will also govern that trial. By clicking "accept" or installing and/or using the Software, you are confirming your acceptance of the Software and agreeing to become bound by the terms of this EULA agreement.
If you are entering into this EULA agreement on behalf of a company or other legal entity, subject to the provision stated in Miscellaneous section regarding commercial use, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions. If you do not have such authority or if you do not agree with the terms and conditions of this EULA agreement, do not install or use the Software, and you must not accept this EULA agreement.
This EULA agreement shall apply only to the Software supplied by Ignis Game Studio herewith regardless of whether other software is referred to or described herein. This EULA applies to all versions of the Software – the ones made available online (both website and mobile versions) as well as an offline one. The online version may be offer via websites of third party providers, therefore we encourage you to read their terms of use as well as other relevant documents, especially privacy policy. If you download the Software from the App Store (if available), please see also the provisions regarding that part. The terms also apply to any Ignis Game Studio’s updates, supplements, Internet-based services, and support services for the Software, unless other terms accompany those items on delivery. If so, those terms apply.
Privacy Policy, available at https://ignisgamestudio.pl/privacy-policy constitutes an integral part of this EULA. You are also required to comply with any terms and conditions regarding the Software, if provided by Ignis Game Studio.
License Grant
The Software, as may be updated or replaced by future software updates, is licensed, not sold, to you by Ignis Game Studio. The Software and all of its parts are protected by copyright laws as well as other intellectual property laws. This EULA does not include the right to receive and use the source code or object code of the Software.
Therefore Ignis Game Studio hereby grants you a limited, personal, non-transferable, non-exclusive, revocable license to install and use the Software on your devices in accordance with the terms of this EULA agreement.
You are permitted to load the Software (for example a PC, laptop, mobile or tablet) under your control. You are responsible for ensuring your device meets the minimum requirements of the Software. The Software works only on systems and types of devices indicated by Ignis Game Studio. Regarding mobile version (if available), it can be install through mobile app distribution platforms determined by Ignis Game Studio. Minimum technical requirements for specific systems or devices as well as kinds of mobile app distribution platforms are described in details on the following website: ignisgamestudio.pl .
You are not permitted to and agree not to:
edit, alter, modify, adapt, translate or otherwise change the whole or any part of the Software nor permit the whole or any part of the Software to be combined with or become incorporated in any other software, nor decompile, disassemble or reverse engineer the Software, attempt to derive source code of the Software, create derivate works or modify the Software or any of its parts or attempt to do any such things,
reproduce, copy, distribute, resell or otherwise use the Software for any commercial purpose,
transfer, assign, rent, lease, lend, sell, bring on the market or redistribute this Software, or sublicense proprietary copyrights to it without additional written consent given by Ignis Game Studio,
allow any third party to use the Software on behalf of or for the benefit of any third party,
use the Software to provide services of a profitable nature,
remove, obscure or alter any proprietary notices, including trademark and copyright notices, and information about the Software’s authors from the Software,
use the Software in any way which breaches any applicable local, national or international law, including local laws of the region or the country you reside in,
not use the license to the Software in a way that leads to breaching the rights of third parties,
use the Software in a way that may potentially be illegal, offensive, obscene, immoral, publicly objectionable within the online community, or deteriorate quality, value and reputation of Ignis Game Studio,
use the Software for any purpose that Ignis Game Studio considers is a breach of this EULA agreement.
Pursuant to the applicable provisions on the rights of third parties, a person who is not a party to this EULA, does not have any rights to rely on any term of the content of EULA or its implementation. However, this does not affect rights or remedies vested in third parties on a basis other than applicable law, if this is not contrary to the provisions of EULA.
Intellectual Property and Ownership
Ignis Game Studio shall at all times retain ownership of the Software as originally purchased by you and all subsequent purchases of the Software by you. The Software (and the copyright, industrial property laws and property rights to the services and other intellectual property rights of whatever nature in the Software, including any modifications made thereto) are and shall remain the property of Ignis Game Studio and/or its providers.
Ignis Game Studio reserves the right to grant licenses to use the Software to third parties.
Any rights that have not been explicitly granted in this EULA are considered not granted; this EULA does not grant you any proprietary rights regarding the Software, and under any circumstances cannot be understood as sales agreement. Ignis Game Studio gives you consent to use its services solely in accordance with conditions of this EULA. Ignis Game Studio reserves all the rights not explicitly given in this EULA.
In case of any third party’s claim that the Software or your possession and use of that Software infringes that third party’s intellectual property rights, Ignis Game Studio will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. However Ignis Game Studio shall not be obligated to indemnify or defend you with respect to any third party’s claim arising out of or relating to the Software unless to the extent that is required by applicable law.
Disclaimer, Limited Warranty
Ignis Game Studio warrants to you, for thirty (30) days from the date of the installation of the Software, the Software shall be in operable condition as described in the documentation provided as part of the Software. Ignis Game Studio does not warrant that the Software will function without errors or interruptions. In the event that the Software fails to conform to this warranty for reasons attributable to Ignis Game Studio, Ignis Game Studio’s sole liability and your exclusive remedy shall be, at Ignis Game Studio’s option, either (a) return of the price paid by you, or (b) repair or replacement of the Software. This limited warranty does not apply to Demo Licenses or Software identified as “beta”, “pre-release”, “test,” “AS-IS”, or the like, or to any support or other services performed by Ignis Game Studio, all of which are supplied on an “AS-IS” basis without any warranty of any kind. This limited warranty is void if failure of the Software resulted from your negligence, abuse, accident, or improper or unauthorized use of the Software as well as any breach of this EULA’s provisions.
Moreover, Ignis Game Studio hereby informs you that in case of alterations made by you or other person in the operating system of your devices or installing or using other types of software or apps which may affect the use of the Software, the Software may not work or may not work properly, for which Ignis Game Studio is not liable.
THE FOREGOING LIMITED WARRANTY IS IN LIEU OF AND IGNIS GAME STUDIO DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL OTHER WARRANTIES, EXPRESS OR IMPLIED (WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE), INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, CONDITIONS OF QUALITY, QUIET ENJOYMENT AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU.
IGNIS GAME STUDIO DOES NOT WARRANT THAT THE FUNCTIONS AND SERVICES PROVIDED BY THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY SERVICE WILL CONTINUE TO BE MADE AVAILABLE (ESPECIALLY THE ONE PROVIDED ONLINE), THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED OR THAT SOFTWARE WILL BE COMPATIBLE OR WORK WITH ANY THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES.
THE FOREGOING LIMITED WARRANTY SHALL FURTHER NOT BE ENLARGED OR OTHERWISE AFFECTED BY IGNIS GAME STUDIO’S RENDERING OF ANY SUPPORT SERVICES OR TECHNICAL OR OTHER ADVICE OR SERVICE IN CONNECTION WITH THE SOFTWARE OR YOUR USE THERE OF. HOWEVER IGNIS GAME STUDIO MAY BE RESPONSIBLE FOR PROVIDING ANY MAINTENACE AND SUPPORT SERVICES WITH RESPECT TO THE SOFTWARE, IF REQUIRED UNDER APPLICABLE LAW. IGNIS GAME STUDIO SHALL NOT BE HELD RESPONSIBLE FOR THE PERFORMANCE OF OR OUTPUT OBTAINED FROM THE SOFTWARE NOR FOR ANY LIABILITY TO ANY PARTY ARISING OUT OF USE OF THE SOFTWARE.
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY DEPENDING ON THE PLACE OF YOUR RESIDENCE.
You agree that Ignis Game Studio has no obligation to provide any updates, upgrades, patches, bug fixes or other modifications of the Software, but can provide them on its sole discretion. Ignis Game Studio has also no obligation to provide or enable any particular features or functionalities of the Software which can be modified or deleted by aforementioned modifications. You further agree that all updates or any other modifications shall be deemed to constitute an integral part of the Software, and shall be subject to the provisions of this EULA.
If you are a consumer, depending on the country or region you reside in, the laws of that region or country may not allow the exclusion of warranties to apply to you to the extend stated above.
Limitation of liability
EXTENT NOT PROHIBITED BY LAW, IN NO WAY SHALL IGNIS GAME STUDIO BE LIABLE FOR PERSONAL INJURY OR ANY ACCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF IGNIS GAME STUDIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN PARTICULAR, IGNIS GAME STUDIO SHALL NOT BE LIABLE FOR YOUR ACTS OR OMMISIONS BREACHING THE PROVISIONS OF THIS EULA OR PROVISIONS OF APPLICABLE LAW, ACTS OR OMMISIONS OF INTERNET SERVICE PROVIDERS, ANY DAMAGE CAUSED BY FAILURES OF YOUR DEVICES, YOUR USE OF DEVICES INCOMPATIBLE WITH THE SOFTWARE OR YOUR INABILITY TO USE THE SOFTWARE OR OTHER PROBLEMS WITH USING THE SOFTWARE ESPECIALLY CAUSED BY LACK OF INTERNET CONNECTION IN ONLINE VERSIONS OF THE SOFTWARE. IGNIS GAME STUDIO IS NOT LIABLE FOR RESTRICTIONS IN USING OR INABILITY TO USE THE SOFTWARE TO THE FULLEST, IF SUCH RESTRICTIONS ARE BASED ON INCOMPATIBILITY OF YOUR SYSTEM OR DEVICE.
IGNIS GAME STUDIO IS NOT LIABLE FOR THE CONTENT OF WEBSITES OR SERVICES OF THIRD PARTIES THROUGH WHICH THE SOFTWARE IS AVALIABLE OR, LINKS IN OR TO WEBSITES OR SERVICES OF THIRD PARTIES AND CHANGES OR UPDATES OF WEBSITES OR SERVICES OF THE THIRD PARTIES DONE FOR THE PURPOSES OF THE SERVICE OR IN ANY OTHER WAY. IGNIS GAME STUDIO SHARES LINKS AND GIVES ACCESS TO WEBSITES AND SERVICES OF THIRD PARTIES FOR YOU ONLY FOR CONVENIENCE REASONS, AND SHARING ANY LINKS OR GIVING ACCESS DOES NOT SUGGEST SUPPORTING GIVEN WEBSITE OR SERVICE OF THE THIRD PARTY BY IGNIS GAME STUDIO. YOU DECIDE HOW YOU WANT TO USE LINKS OR WEBSITES OF THIRD PARTIES AND YOU TAKE ALL RISK CONNECTED TO IT. YOU SHALL NOT USE IT IN ANY ILLEGAL WAY OR TO COMMIT FRAUD.
NEITHER IGNIS GAME STUDIO, NOR ITS PROVIDERS ARE LIABLE (ON THE BASIS OF CONTRACT LIABILITY, NEGLIGENCE OR ANY OTHER) FOR YOU OR THIRD PARTIES: (I) ON THE ACCOUNT OF THE LACK OF POSSIBILITY TO USE DEVICES OF THIRD PARTIES OR ACCESS TO DATA, THE LOSS OF DAMAGE OF DATA, BUSINESS DAMAGE, LOSS OF PROFIT, INCOME AND EXPECTED SAVINGS, DISRUPTION OF ACTIVITY, OR OTHER SIMILAR INCIDENTS (NO MATTER IF A GIVEN LOSS OR DAMAGE IS DIRECT OR INDIRECT); OR (II) ON THE ACCOUNT OF ALL INDIRECT, ACCIDENTAL, SECONDARY, LOSSES OR DAMAGES OF ANY KIND, IN ANY CASE, RESULTING FROM USING OR INABILITY TO USE THE SERVICES, EVEN IF IGNIS GAME STUDIO HAS BEEN INFORMED ON THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
REGARDLESS OF DAMAGES YOU CAN SUFFER FROM FOR ANY REASON (IN PARTICULAR ANY DAMAGES LISTED IN THIS EULA AND ALL DIRECT AND GENERAL DAMAGES BASED ON CONTRACT LIABILITY OR OTHER BASIS), IGNIS GAME STUDIO’S TOTAL LIABILITY AND LIABILITY OF ITS PROVIDERS RESULTING FROM THIS EULA OR CONNECTED WITH IT, IS RESTRICTED TO THE AMOUNT EQUAL TO THAT ACTUALLY PAID BY YOU TO IGNIS GAME STUDIO IN CONNECTION WITH YOUR USE OF THE SOFTWARE.
If you are a consumer, depending on the country or region you reside in, the laws of that region or country may not allow the limitation or exclusion of liability to apply to you to the extend stated above.
In all cases, the above limitation of liability does not apply to damage caused by intentional fault of Ignis Game Studio. Moreover some states do not allow to the exclusion or limitation of incidental or consequential damages so the above exclusion or limitation may not apply to you.
Termination
This EULA agreement is effective from the date you first use the Software and shall continue until terminated. You may terminate it at any time by deinstallation and seize of further use of the Software.
It will also terminate immediately if you fail to comply with any term of this EULA agreement. Upon such termination, the licenses granted by this EULA agreement will immediately terminate and you agree to stop all access and use of the Software as well as uninstall it relevant parts from your devices. Failure to comply with the above sentence may expose you to additional costs related to continued use of the Software. The provisions that by their nature continue and survive will survive any termination of this EULA agreement.
Moreover Ignis Game Studio reserves the right to stop providing updates, new versions and supplements to services delivered to or uploaded to you by using the Software.
External Services
The Software may enable access to Ignis Game Studio’s and/or third-party services and websites (collectively and individually, “External Services”). You agree to use the External Services at your sole risk. Ignis Game Studio is not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services. Data displayed by the Software or External Service is for general informational purposes only and is not guaranteed by Ignis Game Studio in any way, especially regarding its accuracy. You will not use the External Services in any manner that is inconsistent with the terms of this EULA or that infringes the intellectual property rights of Ignis Game Studio or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that Ignis Game Studio is not responsible for any such use. External Services may not be available in all languages or in the country or region you reside in, and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. Ignis Game Studio reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you. If applicable, you must comply with third-party terms of services.
Assignment
You hereby agrees that Ignis Game studio is entitled to assign any of its rights and obligations under this EULA to any third party and at any time without your separate consent.
Controlling law and jurisdiction
This EULA, and any dispute arising out of or in connection with this EULA, shall be governed by, and construed in accordance with, the laws of Republic of Poland, except for its conflict of law provisions, without giving any effect to any choice of law provisions thereof that would cause the application of the laws of any other jurisdiction. The EULA shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
Any litigation based hereon, or arising out of, under, or in connection with this EULA shall be brought and maintained exclusively in the court in Warsaw competent for Ignis Game Studio’s business seat. You and Ignis Game Studio hereto hereby expressly and irrevocably submit to the jurisdiction of the abovementioned courts for the purpose of any such litigation as set forth above. In addition, you and Ignis Game Studio irrevocably and unconditionally waives application of the procedures for service of process pursuant to the Hague Convention for Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters. You and Ignis Game Studio hereto hereby expressly and irrevocably waive, to the fullest extent permitted by law, any objection which it may now or hereafter have to the laying of venue of any such litigation brought in any such court referred to above and any claim that any such litigation has been brought in an inconvenient forum.
You and Ignis Game Studio hereby waives, to the fullest extent permitted by applicable law, any right to a trial by jury in any action or proceeding to enforce or defend any rights under this EULA and any amendment, instrument, document or agreement delivered or which may in the future be delivered in connection herewith or therewith, and agrees that any such action or proceeding shall be tried before a court and not before a jury.
Severability
If any provision of this EULA is found to be illegal, unenforceable, or invalid in whole or in part for any reason, the validity and enforceability of the remaining provisions, or portions of them, will not be affected. Notwithstanding the foregoing, if such provision could be more narrowly drawn so as not to be invalid, prohibited or unenforceable it shall be so narrowly drawn, without invalidating the remaining provisions of this EULA or affecting the validity or enforceability of such provision.
Indemnification
You agree to indemnify and hold Ignis Game Studio and its parent companies, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of your: (a) use of the Software; (b) violation of this EULA or any law or regulation; or (c) violation of any right of a third party.
Miscellaneous
This EULA is concluded between Ignis Game Studio and you only. Ignis Game Studio is solely responsible for the EULA and content thereof.
Except as may be set forth in an written agreement signed between you and Ignis Game Studio, this EULA constitutes the final, complete, and exclusive statement of the terms of the use of the Software and supersedes all prior and contemporaneous understandings or agreements between you and Ignis Game Studio.
Ignis Game Studio reserves the right, at its sole discretion, to modify or replace this Ignis Game Studio’s EULA at any time. If a revision is material Ignis Game Studio will provide at least 14 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at the sole discretion of the Ignis Game Studio. By continuing to access or use the Software after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Software.
If you want to use the Software commercially, you should enter into an additional agreement with Ignis Game Studio.
The provisions of this EULA may not infringe upon the consumer’s rights if they apply. In such a case these provisions shall not apply to the relevant extent.
The prevailing version of this EULA is the English version. Any translations if made, shall be available only for convenience.
Any notice, communication or statement as well as all claims and requests regarding the Software or the EULA shall be sent using contact form available at ignisgamestudio.com.
If you provide Ignis Game Studio with feedback or suggestions regarding the Software, Ignis Game Studio may use that feedback to upgrade the Software accordingly; in such case you will not be entitled to any remuneration, compensation or credits.
Any complaints or claims that arise from this EULA or the use of Software will be handled within a reasonable timeframe, not exceeding 30 (thirty) days.
This End-User License Agreement ("EULA") is a legal agreement between you and Ignis Game Studio, a company registered in Polish Tax Office under number 7311474117 (“Ignis Game Studio”).
This EULA agreement governs your acquisition and use of our Scorched Islands software (also as the "Software") directly from Ignis Game Studio or indirectly through the Ignis Game Studio’s authorized reseller or distributor (a "Reseller").
Please read this EULA agreement carefully before completing the installation process and using the Software. It provides a license to use the Software and contains warranty information and liability disclaimers.
If you register for a free trial of the Software, this EULA agreement will also govern that trial. By clicking "accept" or installing and/or using the Software, you are confirming your acceptance of the Software and agreeing to become bound by the terms of this EULA agreement.
If you are entering into this EULA agreement on behalf of a company or other legal entity, subject to the provision stated in Miscellaneous section regarding commercial use, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions. If you do not have such authority or if you do not agree with the terms and conditions of this EULA agreement, do not install or use the Software, and you must not accept this EULA agreement.
This EULA agreement shall apply only to the Software supplied by Ignis Game Studio herewith regardless of whether other software is referred to or described herein. This EULA applies to all versions of the Software – the ones made available online (both website and mobile versions) as well as an offline one. The online version may be offer via websites of third party providers, therefore we encourage you to read their terms of use as well as other relevant documents, especially privacy policy. If you download the Software from the App Store (if available), please see also the provisions regarding that part. The terms also apply to any Ignis Game Studio’s updates, supplements, Internet-based services, and support services for the Software, unless other terms accompany those items on delivery. If so, those terms apply.
Privacy Policy, available at https://ignisgamestudio.pl/privacy-policy constitutes an integral part of this EULA. You are also required to comply with any terms and conditions regarding the Software, if provided by Ignis Game Studio.
License Grant
The Software, as may be updated or replaced by future software updates, is licensed, not sold, to you by Ignis Game Studio. The Software and all of its parts are protected by copyright laws as well as other intellectual property laws. This EULA does not include the right to receive and use the source code or object code of the Software.
Therefore Ignis Game Studio hereby grants you a limited, personal, non-transferable, non-exclusive, revocable license to install and use the Software on your devices in accordance with the terms of this EULA agreement.
You are permitted to load the Software (for example a PC, laptop, mobile or tablet) under your control. You are responsible for ensuring your device meets the minimum requirements of the Software. The Software works only on systems and types of devices indicated by Ignis Game Studio. Regarding mobile version (if available), it can be install through mobile app distribution platforms determined by Ignis Game Studio. Minimum technical requirements for specific systems or devices as well as kinds of mobile app distribution platforms are described in details on the following website: ignisgamestudio.pl .
You are not permitted to and agree not to:
edit, alter, modify, adapt, translate or otherwise change the whole or any part of the Software nor permit the whole or any part of the Software to be combined with or become incorporated in any other software, nor decompile, disassemble or reverse engineer the Software, attempt to derive source code of the Software, create derivate works or modify the Software or any of its parts or attempt to do any such things,
reproduce, copy, distribute, resell or otherwise use the Software for any commercial purpose,
transfer, assign, rent, lease, lend, sell, bring on the market or redistribute this Software, or sublicense proprietary copyrights to it without additional written consent given by Ignis Game Studio,
allow any third party to use the Software on behalf of or for the benefit of any third party,
use the Software to provide services of a profitable nature,
remove, obscure or alter any proprietary notices, including trademark and copyright notices, and information about the Software’s authors from the Software,
use the Software in any way which breaches any applicable local, national or international law, including local laws of the region or the country you reside in,
not use the license to the Software in a way that leads to breaching the rights of third parties,
use the Software in a way that may potentially be illegal, offensive, obscene, immoral, publicly objectionable within the online community, or deteriorate quality, value and reputation of Ignis Game Studio,
use the Software for any purpose that Ignis Game Studio considers is a breach of this EULA agreement.
Pursuant to the applicable provisions on the rights of third parties, a person who is not a party to this EULA, does not have any rights to rely on any term of the content of EULA or its implementation. However, this does not affect rights or remedies vested in third parties on a basis other than applicable law, if this is not contrary to the provisions of EULA.
Intellectual Property and Ownership
Ignis Game Studio shall at all times retain ownership of the Software as originally purchased by you and all subsequent purchases of the Software by you. The Software (and the copyright, industrial property laws and property rights to the services and other intellectual property rights of whatever nature in the Software, including any modifications made thereto) are and shall remain the property of Ignis Game Studio and/or its providers.
Ignis Game Studio reserves the right to grant licenses to use the Software to third parties.
Any rights that have not been explicitly granted in this EULA are considered not granted; this EULA does not grant you any proprietary rights regarding the Software, and under any circumstances cannot be understood as sales agreement. Ignis Game Studio gives you consent to use its services solely in accordance with conditions of this EULA. Ignis Game Studio reserves all the rights not explicitly given in this EULA.
In case of any third party’s claim that the Software or your possession and use of that Software infringes that third party’s intellectual property rights, Ignis Game Studio will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. However Ignis Game Studio shall not be obligated to indemnify or defend you with respect to any third party’s claim arising out of or relating to the Software unless to the extent that is required by applicable law.
Disclaimer, Limited Warranty
Ignis Game Studio warrants to you, for thirty (30) days from the date of the installation of the Software, the Software shall be in operable condition as described in the documentation provided as part of the Software. Ignis Game Studio does not warrant that the Software will function without errors or interruptions. In the event that the Software fails to conform to this warranty for reasons attributable to Ignis Game Studio, Ignis Game Studio’s sole liability and your exclusive remedy shall be, at Ignis Game Studio’s option, either (a) return of the price paid by you, or (b) repair or replacement of the Software. This limited warranty does not apply to Demo Licenses or Software identified as “beta”, “pre-release”, “test,” “AS-IS”, or the like, or to any support or other services performed by Ignis Game Studio, all of which are supplied on an “AS-IS” basis without any warranty of any kind. This limited warranty is void if failure of the Software resulted from your negligence, abuse, accident, or improper or unauthorized use of the Software as well as any breach of this EULA’s provisions.
Moreover, Ignis Game Studio hereby informs you that in case of alterations made by you or other person in the operating system of your devices or installing or using other types of software or apps which may affect the use of the Software, the Software may not work or may not work properly, for which Ignis Game Studio is not liable.
THE FOREGOING LIMITED WARRANTY IS IN LIEU OF AND IGNIS GAME STUDIO DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL OTHER WARRANTIES, EXPRESS OR IMPLIED (WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE), INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, CONDITIONS OF QUALITY, QUIET ENJOYMENT AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU.
IGNIS GAME STUDIO DOES NOT WARRANT THAT THE FUNCTIONS AND SERVICES PROVIDED BY THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY SERVICE WILL CONTINUE TO BE MADE AVAILABLE (ESPECIALLY THE ONE PROVIDED ONLINE), THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED OR THAT SOFTWARE WILL BE COMPATIBLE OR WORK WITH ANY THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES.
THE FOREGOING LIMITED WARRANTY SHALL FURTHER NOT BE ENLARGED OR OTHERWISE AFFECTED BY IGNIS GAME STUDIO’S RENDERING OF ANY SUPPORT SERVICES OR TECHNICAL OR OTHER ADVICE OR SERVICE IN CONNECTION WITH THE SOFTWARE OR YOUR USE THERE OF. HOWEVER IGNIS GAME STUDIO MAY BE RESPONSIBLE FOR PROVIDING ANY MAINTENACE AND SUPPORT SERVICES WITH RESPECT TO THE SOFTWARE, IF REQUIRED UNDER APPLICABLE LAW. IGNIS GAME STUDIO SHALL NOT BE HELD RESPONSIBLE FOR THE PERFORMANCE OF OR OUTPUT OBTAINED FROM THE SOFTWARE NOR FOR ANY LIABILITY TO ANY PARTY ARISING OUT OF USE OF THE SOFTWARE.
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY DEPENDING ON THE PLACE OF YOUR RESIDENCE.
You agree that Ignis Game Studio has no obligation to provide any updates, upgrades, patches, bug fixes or other modifications of the Software, but can provide them on its sole discretion. Ignis Game Studio has also no obligation to provide or enable any particular features or functionalities of the Software which can be modified or deleted by aforementioned modifications. You further agree that all updates or any other modifications shall be deemed to constitute an integral part of the Software, and shall be subject to the provisions of this EULA.
If you are a consumer, depending on the country or region you reside in, the laws of that region or country may not allow the exclusion of warranties to apply to you to the extend stated above.
Limitation of liability
EXTENT NOT PROHIBITED BY LAW, IN NO WAY SHALL IGNIS GAME STUDIO BE LIABLE FOR PERSONAL INJURY OR ANY ACCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF IGNIS GAME STUDIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN PARTICULAR, IGNIS GAME STUDIO SHALL NOT BE LIABLE FOR YOUR ACTS OR OMMISIONS BREACHING THE PROVISIONS OF THIS EULA OR PROVISIONS OF APPLICABLE LAW, ACTS OR OMMISIONS OF INTERNET SERVICE PROVIDERS, ANY DAMAGE CAUSED BY FAILURES OF YOUR DEVICES, YOUR USE OF DEVICES INCOMPATIBLE WITH THE SOFTWARE OR YOUR INABILITY TO USE THE SOFTWARE OR OTHER PROBLEMS WITH USING THE SOFTWARE ESPECIALLY CAUSED BY LACK OF INTERNET CONNECTION IN ONLINE VERSIONS OF THE SOFTWARE. IGNIS GAME STUDIO IS NOT LIABLE FOR RESTRICTIONS IN USING OR INABILITY TO USE THE SOFTWARE TO THE FULLEST, IF SUCH RESTRICTIONS ARE BASED ON INCOMPATIBILITY OF YOUR SYSTEM OR DEVICE.
IGNIS GAME STUDIO IS NOT LIABLE FOR THE CONTENT OF WEBSITES OR SERVICES OF THIRD PARTIES THROUGH WHICH THE SOFTWARE IS AVALIABLE OR, LINKS IN OR TO WEBSITES OR SERVICES OF THIRD PARTIES AND CHANGES OR UPDATES OF WEBSITES OR SERVICES OF THE THIRD PARTIES DONE FOR THE PURPOSES OF THE SERVICE OR IN ANY OTHER WAY. IGNIS GAME STUDIO SHARES LINKS AND GIVES ACCESS TO WEBSITES AND SERVICES OF THIRD PARTIES FOR YOU ONLY FOR CONVENIENCE REASONS, AND SHARING ANY LINKS OR GIVING ACCESS DOES NOT SUGGEST SUPPORTING GIVEN WEBSITE OR SERVICE OF THE THIRD PARTY BY IGNIS GAME STUDIO. YOU DECIDE HOW YOU WANT TO USE LINKS OR WEBSITES OF THIRD PARTIES AND YOU TAKE ALL RISK CONNECTED TO IT. YOU SHALL NOT USE IT IN ANY ILLEGAL WAY OR TO COMMIT FRAUD.
NEITHER IGNIS GAME STUDIO, NOR ITS PROVIDERS ARE LIABLE (ON THE BASIS OF CONTRACT LIABILITY, NEGLIGENCE OR ANY OTHER) FOR YOU OR THIRD PARTIES: (I) ON THE ACCOUNT OF THE LACK OF POSSIBILITY TO USE DEVICES OF THIRD PARTIES OR ACCESS TO DATA, THE LOSS OF DAMAGE OF DATA, BUSINESS DAMAGE, LOSS OF PROFIT, INCOME AND EXPECTED SAVINGS, DISRUPTION OF ACTIVITY, OR OTHER SIMILAR INCIDENTS (NO MATTER IF A GIVEN LOSS OR DAMAGE IS DIRECT OR INDIRECT); OR (II) ON THE ACCOUNT OF ALL INDIRECT, ACCIDENTAL, SECONDARY, LOSSES OR DAMAGES OF ANY KIND, IN ANY CASE, RESULTING FROM USING OR INABILITY TO USE THE SERVICES, EVEN IF IGNIS GAME STUDIO HAS BEEN INFORMED ON THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
REGARDLESS OF DAMAGES YOU CAN SUFFER FROM FOR ANY REASON (IN PARTICULAR ANY DAMAGES LISTED IN THIS EULA AND ALL DIRECT AND GENERAL DAMAGES BASED ON CONTRACT LIABILITY OR OTHER BASIS), IGNIS GAME STUDIO’S TOTAL LIABILITY AND LIABILITY OF ITS PROVIDERS RESULTING FROM THIS EULA OR CONNECTED WITH IT, IS RESTRICTED TO THE AMOUNT EQUAL TO THAT ACTUALLY PAID BY YOU TO IGNIS GAME STUDIO IN CONNECTION WITH YOUR USE OF THE SOFTWARE.
If you are a consumer, depending on the country or region you reside in, the laws of that region or country may not allow the limitation or exclusion of liability to apply to you to the extend stated above.
In all cases, the above limitation of liability does not apply to damage caused by intentional fault of Ignis Game Studio. Moreover some states do not allow to the exclusion or limitation of incidental or consequential damages so the above exclusion or limitation may not apply to you.
Termination
This EULA agreement is effective from the date you first use the Software and shall continue until terminated. You may terminate it at any time by deinstallation and seize of further use of the Software.
It will also terminate immediately if you fail to comply with any term of this EULA agreement. Upon such termination, the licenses granted by this EULA agreement will immediately terminate and you agree to stop all access and use of the Software as well as uninstall it relevant parts from your devices. Failure to comply with the above sentence may expose you to additional costs related to continued use of the Software. The provisions that by their nature continue and survive will survive any termination of this EULA agreement.
Moreover Ignis Game Studio reserves the right to stop providing updates, new versions and supplements to services delivered to or uploaded to you by using the Software.
External Services
The Software may enable access to Ignis Game Studio’s and/or third-party services and websites (collectively and individually, “External Services”). You agree to use the External Services at your sole risk. Ignis Game Studio is not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services. Data displayed by the Software or External Service is for general informational purposes only and is not guaranteed by Ignis Game Studio in any way, especially regarding its accuracy. You will not use the External Services in any manner that is inconsistent with the terms of this EULA or that infringes the intellectual property rights of Ignis Game Studio or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that Ignis Game Studio is not responsible for any such use. External Services may not be available in all languages or in the country or region you reside in, and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. Ignis Game Studio reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you. If applicable, you must comply with third-party terms of services.
Assignment
You hereby agrees that Ignis Game studio is entitled to assign any of its rights and obligations under this EULA to any third party and at any time without your separate consent.
Controlling law and jurisdiction
This EULA, and any dispute arising out of or in connection with this EULA, shall be governed by, and construed in accordance with, the laws of Republic of Poland, except for its conflict of law provisions, without giving any effect to any choice of law provisions thereof that would cause the application of the laws of any other jurisdiction. The EULA shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
Any litigation based hereon, or arising out of, under, or in connection with this EULA shall be brought and maintained exclusively in the court in Warsaw competent for Ignis Game Studio’s business seat. You and Ignis Game Studio hereto hereby expressly and irrevocably submit to the jurisdiction of the abovementioned courts for the purpose of any such litigation as set forth above. In addition, you and Ignis Game Studio irrevocably and unconditionally waives application of the procedures for service of process pursuant to the Hague Convention for Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters. You and Ignis Game Studio hereto hereby expressly and irrevocably waive, to the fullest extent permitted by law, any objection which it may now or hereafter have to the laying of venue of any such litigation brought in any such court referred to above and any claim that any such litigation has been brought in an inconvenient forum.
You and Ignis Game Studio hereby waives, to the fullest extent permitted by applicable law, any right to a trial by jury in any action or proceeding to enforce or defend any rights under this EULA and any amendment, instrument, document or agreement delivered or which may in the future be delivered in connection herewith or therewith, and agrees that any such action or proceeding shall be tried before a court and not before a jury.
Severability
If any provision of this EULA is found to be illegal, unenforceable, or invalid in whole or in part for any reason, the validity and enforceability of the remaining provisions, or portions of them, will not be affected. Notwithstanding the foregoing, if such provision could be more narrowly drawn so as not to be invalid, prohibited or unenforceable it shall be so narrowly drawn, without invalidating the remaining provisions of this EULA or affecting the validity or enforceability of such provision.
Indemnification
You agree to indemnify and hold Ignis Game Studio and its parent companies, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of your: (a) use of the Software; (b) violation of this EULA or any law or regulation; or (c) violation of any right of a third party.
Miscellaneous
This EULA is concluded between Ignis Game Studio and you only. Ignis Game Studio is solely responsible for the EULA and content thereof.
Except as may be set forth in an written agreement signed between you and Ignis Game Studio, this EULA constitutes the final, complete, and exclusive statement of the terms of the use of the Software and supersedes all prior and contemporaneous understandings or agreements between you and Ignis Game Studio.
Ignis Game Studio reserves the right, at its sole discretion, to modify or replace this Ignis Game Studio’s EULA at any time. If a revision is material Ignis Game Studio will provide at least 14 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at the sole discretion of the Ignis Game Studio. By continuing to access or use the Software after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Software.
If you want to use the Software commercially, you should enter into an additional agreement with Ignis Game Studio.
The provisions of this EULA may not infringe upon the consumer’s rights if they apply. In such a case these provisions shall not apply to the relevant extent.
The prevailing version of this EULA is the English version. Any translations if made, shall be available only for convenience.
Any notice, communication or statement as well as all claims and requests regarding the Software or the EULA shall be sent using contact form available at ignisgamestudio.com.
If you provide Ignis Game Studio with feedback or suggestions regarding the Software, Ignis Game Studio may use that feedback to upgrade the Software accordingly; in such case you will not be entitled to any remuneration, compensation or credits.
Any complaints or claims that arise from this EULA or the use of Software will be handled within a reasonable timeframe, not exceeding 30 (thirty) days.