End-User License Agreement ("Agreement")

Last updated: 7th of September 2020
Please read this End-User License Agreement carefully before clicking the "I Agree" button, downloading or using Blood Oath: When the Sword Rises.

Interpretation and Definitions

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of this End-User License Agreement:

• Agreement means this End-User License Agreement that forms the entire agreement between You and the Company regarding the use of the Application. This Agreement has been created with the help of the EULA Generator.
  
• Application means the software program provided by the Company downloaded by You to a Device, named Blood Oath: When the Sword Rises
  
• Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Distorsion Games SL.
  
• Content refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
  
• Device means any device that can access the Application such as a computer, a cell phone, or a digital tablet.
  
• Third-Party Services means any services or content (including data, information, applications, and other products services) provided by a third-party that may be displayed, included, or made available by the Application.
  
• You means the individual accessing or using the Application or the company, or other legal entity on behalf of which such individual is accessing or using the Application, as applicable.

By clicking the "I Agree" button, downloading or using the Application, You are agreeing to be bound by the terms and conditions of this Agreement. If You do not agree to the terms of this Agreement, do not click on the "I Agree" button, do not download or do not use the Application.
This Agreement is a legal document between You and the Company, and it governs your use of the Application made available to You by the Company.
The Application is licensed, not sold, to You by the Company for use strictly in accordance with the terms of this Agreement.
The Company grants You a revocable, non-exclusive, non-transferable, limited license to download, install and use the Application strictly in accordance with the terms of this Agreement.
The license that is granted to You by the Company is solely for your personal, non-commercial purposes strictly in accordance with the terms of this Agreement.
The Application may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services.
You acknowledge and agree that the Company shall not be responsible for any Third-party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. The Company does not assume and shall not have any liability or responsibility to You or any other person or entity for any Third-party Services.
You must comply with applicable Third parties' Terms of agreement when using the Application. Third-party Services and links thereto are provided solely as a convenience to You and Your access and use them entirely at your own risk and subject to such third parties' Terms and conditions.
This Agreement shall remain in effect until terminated by You or the Company. The Company may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.
This Agreement will terminate immediately, without prior notice from the Company, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies thereof from your Device or from your computer.
Upon termination of this Agreement, You shall cease all use of the Application and delete all copies of the Application from your Device.
Termination of this Agreement will not limit any of the Company's rights or remedies at law or in equity in case of breach by You (during the term of this Agreement) of any of your obligations under the present Agreement.
You agree to indemnify and hold the Company and its parents, 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 Application; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.
The Application is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Application, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Application will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Application, or the information, content, and materials or products included thereon; (ii) that the Application will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Application; or (iv) that the Application, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law. To the extent any warranty exists under law that cannot be disclaimed, the Company shall be solely responsible for such warranty.
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You for the Application or through the Application.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Application, third-party software and/or third-party hardware used with the Application, or otherwise in connection with any provision of this Agreement), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to You.



The product offers the user the ability to alter or add content on private servers, which are managed by third parties to the company.
The Company is not responsible for content that may be consider abusive, offensive, degrading, that may express political, racial, sexist or religious ideologies of any kind that may be considered inappropriate or insulting, but hereby lends itself to actively warn and report such behaviour, whether administratively, including but not limited to termination of service, or legally to the pertinent authorities, and in turn, the company reserves the right to the removal or modification of such content.
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
The Company does not make any warranties concerning the Application.

Where possible, the company encourages its users to express their ideas through the creation of modifications (including but not limited to new items, weapons, characters, models, textures, levels, story lines, music and game modes) for use with the Product (“Mod” or “Mods”). In order to protect the Company, any third-party licensors that have licensed intellectual property to the company for use in the Product, and users that create Mods, the following terms apply (“Modding Terms”). Please review these rules carefully before you create, share, distribute, use or otherwise exploit any Mods.

1. OWNERSHIP

You acknowledge that you shall have no ownership or other proprietary interest in the Product and/or any Mods which you create, except as expressly stated herein. Any Mods that you create shall belong to you only insofar as the Mod contains your original creative work. You acknowledge and agree that all rights, title and interest in any elements of the Mod which represent, comprise, derive or are based upon any intellectual property rights which subsist in the Product (including but not limited to any computer code, themes, objects, characters, character names, stories, dialogs, catch phrases, locations, concepts, artwork, images, animation, sounds, musical compositions, audio-visual effects or text), including without limitation copyrights, trademarks and other intellectual properties therein and/or related thereto, whether or not registered or registrable, are owned by, or for the benefit of Distorsion Games and its licensors.

2. LICENCE

Subject to your compliance with the terms and conditions of the EULA and the Modding Terms, Distorsion Games hereby grants you a non-exclusive, non-transferable, limited, fully revocable right and licence to install, access and use the in-game modding tools, any graphical assets and/or other related tools provided by Distorsion Games (“Modding Tools”) solely and exclusively to create Mods for use with the Product and to publish those Mods on the applicable Distorsion Games approved third party Modding webpage for the Product (“Modding Libraries”). Please note that certain Modding Libraries may be owned and operated by third parties such as Valve (https://store.steampowered.com/) and EPIC (https://www.epicgames.com/store/en-US/), (collectively, the “Third Party Platforms”)and may be subject to additional terms and conditions published by those Third Party Platforms. You acknowledge and agree that your use of the Modding Tools is at your own discretion and risk and that you will be solely responsible for any obligations, damages or losses which arise from your registration, access and use of the Modding Tools.

You agree to use the Modding Tools to create Mods in a manner that is consistent with this Agreement, and with any additional terms and conditions published by the Third Party Platforms, including an agreement that you shall not sell, rent, lease, license, distribute or otherwise transfer or exploit the Modding Tools and/or Mods or any copies thereof, for commercial gain or otherwise, except as permitted by this Agreement and/or the Third Party Platforms. A breach of the provisions of this licence shall constitute a material breach which has the effect of terminating the EULA (including the Modding Terms) and which may subject you to civil and criminal liability.

In consideration of the above grant of rights, you hereby grant Distorsion Games, its affiliates, its licensors and any Third Party Platforms all the necessary consents, clearances and an irrevocable, sub-licensable, worldwide, royalty-free, perpetual license and right to use, reproduce, modify, adapt, display, distribute or otherwise exploit any Mod which is uploaded to the Modding Libraries in any way Distorsion Games and/or any Third Party Platforms see fit for use with the Product. You waive and agree never to assert against Distorsion Games or its affiliates, licensors, or the Third-Party Platforms any moral rights or similar rights, however designated, that you may have in or to any Mods.

3. CONTENT RESTRICTIONS

Any element which you include in your Mod (except for the Modding Tools) must be your own original work created by you or you must have obtained the necessary permissions to use such materials. You are responsible for the content of any Mods which you create and publish on the Modding Libraries and shall warrant and represent to Distorsion Games and any Third-Party Platform that your Mods do not contain:

Any materials which are discriminatory, racist, obscene, libellous, offensive, illegal, defamatory, inappropriate, invasive, or likely to adversely affect the reputation or goodwill of Distorsion Games and/or its licensors.
Any resemblance to any recognizable third party brand, character or personality, including but not limited to any trademark, logos or third party assets except for those assets provided to you by Distorsion Games within the Modding Tools as necessary for the creation of the Mod for use with the Product;
Any assets from other games published by Distorsion Games and its affiliates or any other third party without permission, where such use constitutes an infringement of third-party intellectual property rights.
Any materials which do not comply with any additional instructions provided to you by Distorsion Games and/or the Third-Party Platforms as published on the Modding Libraries or within the Modding Tools, which may be updated by Distorsion Games and/or the Third Party Platforms from time to time.
Any malicious code, including viruses, spyware, Trojan horses, worms, time bombs, cancelbots, corrupted data, or other content that contains malicious code or in any way damages or interfere with the operation of the Product.
Distorsion Games does not pre-vet or monitor any Mods which are uploaded to the Modding Libraries and does not monitor, endorse, or approve any Mods. You are solely responsible for your Mod and may be held liable for any Mod which you create and upload to the Modding Libraries. Distorsion Games and the Third-Party Platforms reserve the right, in their sole and final discretion, to remove any Mods from the Modding Libraries which violates the content restrictions above. To the maximum extent permitted by applicable law, Distorsion Games does not assume any responsibility or liability for the Mods or for removal of Mods, or any failure or delay in removing such Mods.

4. INDEMNIFICATION

You agree to indemnify, defend and hold Distorsion Games, affiliates, licensors, licensees, contractors, officers, directors, employees, agents and the Third Party Platforms harmless from any damages, losses, cost and expenses (including attorneys’ fees) arising directly or indirectly from any acts and omissions associated with the use of any Mod which you create and publish, including but not limited to any allegation that the Mod violates the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party, or any other violation of these terms.

5. OUR LIABILITY

WE PROVIDE THE PRODUCT, THE MODDING TOOLS AND ANY MODS ON AN “AS IS” BASIS AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. YOU ACKNOWLEDGE AND AGREE THAT YOUR EXCLUSIVE REMEDY FOR ANY DISPUTE WITH Distorsion Games IS TO STOP USING THE PRODUCT (INCLUDING BUT NOT LIMITED TO THE MODDING TOOLS AND/OR ANY MODS). IN NO EVENT SHALL Distorsion Games AND ITS LICENSORS, OR ANY THIRD PARTY PLATFORMS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE PRODUCT, THE MODDING TOOLS AND ANY MODS. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES AND/OR PERSONAL INJURY, DEATH, FRAUD AND/OR CERTAIN IMPLIED WARRANTIES, IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF Distorsion Games AND ITS LICENSORS SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

6. TERMINATION

Distorsion Games and the Third-Party Platforms reserve the right to suspend access to, or terminate the license for, any Mods, Modding Tools and the Modding Libraries at any time for any reason. If you commit any breach of clauses of the Modding Terms, your licence to use the Product, the Modding Tools and/or any Mods shall automatically terminate, without notice. Your grant of the licence to Distorsion Games to use any Mods which you create and publish to the Modding Libraries shall survive termination.

Because Distorsion Games would be irreparably damaged if the terms of this Agreement were not specifically enforced, you agree that Distorsion Games shall be entitled to take such action as may be required, including seeking an injunction and other equitable remedies, in addition to any other remedies available to it under the applicable law.

7. MISCELLANEOUS

This Agreement represents the complete agreement between you and Distorsion Games concerning Mods and the Modding Tools and supersedes all prior agreements and representations, warranties or understandings between you and Distorsion Games (whether negligently or innocently made but excluding those made fraudulently), regarding the same subject matter. Distorsion Games reserves the right to amend or modify these terms at any time, in any manner, without any liability to Distorsion Games and at Distorsion Games’ sole discretion.

To ensure the integrity of Distorsion Games’ intellectual property, to clarify the terms relating to ownership and use of Custom Games the following terms apply.

1. Ownership
Custom Games are and shall remain the sole and exclusive property of the company. Without limiting the foregoing, you hereby assign to Distorsion Games all of your rights, title, and interest in and to all Custom Games, including but not limited to any copyrights in the content of any Custom Games. If for any reason you are prevented or restricted from assigning any rights in the Custom Games to Distorsion Games, you grant to the company an exclusive, perpetual, worldwide, unconditional, royalty free, irrevocable license enabling Distorsion Games to fully exploit the Custom Games (or any component thereof) for any purpose and in any manner whatsoever. Without limiting Distorsion Games’ rights or ownership in the Custom Games, the company reserves the right, in its sole and absolute discretion, to remove Custom Games from its systems and/or require that a Custom Game developer cease any and/or all development and distribution of a Custom Game.
2. Third-Party Content in Custom Games
You represent and warrant that neither the content you use to create or incorporate into any Custom Games, nor the compilation, arrangement or display of such content (collectively, the “User Content”), infringes or will infringe any copyright, trademark, patent, trade secret or other intellectual property right of any third party.

3. Commercial Use and Exploitation
Unless otherwise authorized by Distorsion Games in writing, Custom Game developers cannot develop Custom Games for profit.

4. Donations for Custom Game Development
We recognize that the time and resources needed to create a Custom Game may be considerable. As such, Custom Game developers are permitted to fund the development costs through donations, subject to some restrictions:
Donors shall not be provided with any in-game special advantages, such as private access to a Custom Game, special levels, experience boosts, etc. All users are to be able to play the same Custom Game.
Corporations, limited liability companies, partnerships, etc., cannot be listed in the credits section of a Custom Game; only individuals may be listed.
A donor’s access to a Custom Game may not be tied to access to the Custom Game prior to general publication.
The company reserves the right to demand, that a developer of a Custom Game ceases with immediate effect any requests for funding, and the developer of the Custom Game agrees to promptly comply with such demand.
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Changes to this Agreement

The Company reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at the sole discretion of the Company.
By continuing to access or use the Application 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 Application.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Agreement and your use of the Application. Your use of the Application may also be subject to other local, state, national, or international laws.

Entire Agreement

The Agreement constitutes the entire agreement between You and the Company regarding your use of the Application and supersedes all prior and contemporaneous written or oral agreements between You and the Company.
You may be subject to additional terms and conditions that apply when You use or purchase other Company's services, which the Company will provide to You at the time of such use or purchase.

If you have any questions about this Agreement, You can contact Us:

• By email: info@distorsiongames.com