END USER LICENSE AGREEMENT

Last updated 14-05-2020

IMPORTANT, PLEASE READ CAREFULLY

BY DOWNLOADING, INSTALLING, OR OTHERWISE USING THIS GAME, YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS:

This end-user license agreement (“EULA”) is a legal agreement between you (hereinafter referred to as “you”, or “End User”) and Swallowed Sun Games Pty Ltd (“SSG”) for the software product which this EULA is accompanying, all related software (such as editors) and all in-game content, any updates or additional content (such as patches, downloadable content (“DLC”) and expansions), manuals, and other materials in any media related to the software, including the unique alfa-numeric code for downloading the software product which may be provided to you with the software product or delivered to you electronically (all jointly, the “Game”). If you do not agree to the terms of this EULA, do not install or use the Game, instead contact your retailer regarding its return policy.
This Game is licensed, not sold, to you for use only under the terms and conditions of this EULA. All rights not expressly granted herein are reserved by SSG.
You agree that your use of the Game acknowledges that you have read this EULA, understand it, and agree to be bound by its terms and conditions, including the provisions in Section 5 on collection of information, and that you represent and warrant that you are an adult and are either accepting this EULA on behalf of yourself or on behalf of your child or ward, as the case may be. If you have not attained the age of majority, you must obtain the necessary permission in the form required by law from your parents or other legal representatives.
This EULA incorporates by reference SSG’ Privacy Policy (https://www.swallowedsungames.com/privacy). By accepting this EULA, you hereby accept the terms of the Privacy Policy.
Use of this Game may require you to download and use a separate third party platform (such as Steam) under the terms and conditions applicable by the third party platform holder. Such terms and conditions may or may not restrict any of the rights granted to you in relation to the Game under this EULA.

THIS GAME IS LICENSED TO YOU, NOT SOLD. Ownership to the Game and all intellectual property rights in and to it remains at all times the property of SSG and, as applicable, its licensors.
Subject to your compliance with the terms and conditions of the Agreement, SSG hereby grants you a non-exclusive, non-transferable, limited, fully revocable right and license to install, access and use (and to let members of your family or household to use) the Game on your personal computer, strictly for non-commercial purposes only. You may install the Game on different computers, but may only run the Game on one computer at a time.

In addition to installing and playing the Game on your personal computer, you may also, under the terms of this EULA:
i) Create and make publicly available so called “Let´s Play Videos” containing the images and sounds of the Game through the social media channels such as Twitch.tv and Youtube.com, whether monetized or not. Soundtracks may only be made publicly available in the context of a Let´s Play Video. In relation to any Let´s Play Video, the following copyright notice must be displayed prominently:
ii) Make copies of the Game as may be necessary for backup and archival purposes.

Unless otherwise provided in this EULA, you shall not
i) Remove or alter any copyright or trade mark notices on any and all copies of the Game;
ii) Copy, rent, lend, lease, sublicense or distribute the Game other than as may be permitted according to applicable law;
iii) Remove, disable or circumvent any security protections such as digital rights management, proprietary notices or labels contained on or within the Game;
iv) Modify, adapt, translate, reverse engineer, derive source code from, disassemble, decompile or create derivative works of the Game, other than may be permitted according to applicable law;
v) Use, develop, distribute or sell cheats, automation software (bots), hacks or any other unauthorized third-party software designed to modify the Game;
vi) Exploit the Game or any of its parts for any commercial purpose, including without limitation: (a) use at a cyber café, computer gaming center or any other location-based site and/or (b) performing in-game services in exchange for payment outside the Game, e.g., power-leveling; or
vii) Otherwise use the Game in a way which is not in compliance with all applicable laws.

Some of SSG´s Games allows you to create and make available to other users your own created content (“User Generated Content” or “UGC”). You hereby grant SSG and its affiliates a nonexclusive, irrevocable, royalty-free, sublicensable, perpetual right to use, reproduce, modify, create derivative works from, distribute, transmit, broadcast, and otherwise communicate, publicly display and publicly perform your UGC, and derivative works of your UGC, in connection with the operation and promotion of the Game.
SSG is under no obligation to use, distribute or continue to distribute UGC, and you understand that SSG may restrict, or remove, your UGC for any reason.
You represent and warrant that the UGC, and your grant of rights in such UGC, does not violate any applicable contract, law or regulation, and that the UGC is your original work and does not infringe any third party´s intellectual property rights or any other rights.
SSG specifically disclaims any liability with regard to User Generated Content.

SSG may collect information from you when you use the Game. Such information includes your SteamID, computer configuration, gameplay behavior and progress, browser type, platform type and software usage. This information is gathered periodically to facilitate the provision of software updates, product support and other services related to the Game.
SSG may use any collected information to improve its products, administer the Game, analyze trends, or to provide services to you. In addition, SSG may use this information for the purpose of research, development, administration, support and marketing of SSG products and services. For more information, please see SSG’s Privacy Policy available at
https://www.swallowedsungames.com/privacy.

You acknowledge and accept that from time to time, SSG may patch or update the Game for the purpose of resolving software bugs or other issues, rebalancing the Game or adding and/or removing features in the Game.

This License is effective until terminated.
You may terminate it at any time by destroying the Game with all copies, full or partial, and removing all of its component parts.
Without prejudice to any other rights, SSG may terminate this EULA if you fail to comply with the terms and conditions of this EULA. You shall then cease all use of the Game and destroy all copies, modifications, printed or written materials, and merged portions in any form and remove all component parts of the Game which have been downloaded to your unit.

This limited warranty is in addition to, and does not affect, those of your statutory rights which cannot be excluded or limited in any way under applicable law.
SSG warrants that the Game will provide the features and functions generally described in the product specification on www.swallowedsungames.com or the Steam Store Page at the time of your purchase and in the product documentation.
SSG DOES NOT WARRANT THAT THE GAME OR YOUR ABILITY TO USE IT WILL BE UNINTERRUPTED OR ERROR-FREE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

Cascading Failure 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. SSG, 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, SSG, Epic, and Epic’s affiliates make no warranty that (1) any of the Epic Materials will operate properly, including as integrated in the Cascading Failure, (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 Cascading Failure, or will not revoke approval of this Game 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 SSG and Epic. SSG, 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 SSG, Epic, Epic’s licensors, nor its or their affiliates, nor any of SSG’s or Epic’s service providers, shall be liable in any way for loss or damage of any kind resulting from the use or inability to use the Epic Materials or otherwise in connection with this EULA, 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 SSG, Epic, Epic’s licensors, nor its or their affiliates, nor any of SSG’s or Epic’s service providers be liable for any loss of profits or any indirect, incidental, consequential, special, punitive, or exemplary damages, or any other damages arising out of or in connection with this EULA or the Epic Materials, or the delay or inability to use or lack of functionality of the Epic Materials, even in the event of SSG’s, Epic’s, or Epic’s affiliates’ fault, tort (including negligence), strict liability, indemnity, product liability, breach of contract, breach of warranty, or otherwise and even if SSG, 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 SSG, Epic, Epic’s licensors, its and their affiliates, and any of SSG’s or Epic’s service providers shall be limited to the full extent permitted by law.
Nothing in this EULA limits our liability to you in the event of death or personal injury resulting from gross negligence, fraud, or knowing misrepresentation on our part.

You agree that this EULA shall be deemed to have been made and executed in Australia and any dispute arising under this EULA shall be resolved in accordance with the laws of Australia, excluding the law of conflicts and the Convention on Contracts for the International Sale of Goods.
11. Dispute Resolution
Most concerns regarding this EULA or the Game (“Disputes”) can be resolved by contacting SSG at swallowedsungames@gmail.com. Therefore, you agree to first attempt to negotiate any Dispute informally with SSG for at least thirty (30) days before initiating any court proceeding. Should the Dispute not be resolved by informal negotiations, you agree, to the extent permitted by applicable law, to the exclusive personal and subject matter jurisdiction of the courts located in Perth, Australia, for making and resolving any such claims, and hereby waive any right to participate in any type of law suit brought and/or maintained as a class action or similar in nature to a class action.

We may amend this EULA from time to time by posting a prominent notice on our web site.. Your continued use of the Game after changes are posted means you agree to be legally bound by the EULA as updated and amended.

If for any reason a court of competent jurisdiction finds any provision, or portion thereof, of this EULA to be unenforceable, the remainder of this EULA shall continue in full force and effect.

If you have a question regarding this EULA, or want to give us feedback about it, please contact us at swallowedsungames@gmail.com
THIS EULA IS APPLICABLE ONLY TO THE EXTENT AUTHORIZED BY LAW, ESPECIALLY CONSUMER PROTECTION LAWS.