| Language: |
End user licence agreement
Please read this EULA carefully, as it sets out the basis upon which we license the
Game for use.
By clicking "accept agreement" when you first install the Game, you agree to be
bound by the provisions of this EULA. If you do not agree to be bound by the
provisions of this EULA, you must click "reject agreement" during the installation
process and promptly (and in any case within the period of 14 days following your
purchase) return the Game (on the media upon which the Game was provided) to
your supplier. Upon returning the Game and providing proof of purchase, you will be
entitled to a refund.
By agreeing to be bound by this EULA, you warrant to us that you are at least 18
years of age; if you are not, you must not use the Game.
This EULA should be read in conjunction with our privacy policy, which is available
at Blackonyx.ie
WARNING: The light patterns in some video games may trigger epileptic seizures or
blackouts in a very small number of individuals. If you have an epileptic condition,
you should consult a medical professional before playing the Game. If you
experience dizziness, muscle twitching, changes to vision, disorientation, seizures,
convulsions and/or any involuntary movements while playing the Game, you should
immediately stop playing and consult a medical professional.
Custom section
Custom section
1. Definitions
1.1 In this EULA, except to the extent expressly provided otherwise:
"Distribution Platform" means any digital distribution platform operated by
a third party by means of which the User lawfully acquired the Game;
"Distribution Platform Terms and Conditions" means the terms and
conditions of the Distribution Platform that set out any rights and/or
obligations of the User in relation to the Game;
"DLC" means any downloadable or other supplemental content for the Game
made available by the Licensor and purchased or otherwise lawfully acquired
by the User;
"Documentation" means any documentation for the Game produced by the
Licensor and supplied or made available by the Licensor to the User;
"Effective Date" means the date upon which the User accepts the terms of
this EULA in accordance with the preamble to this EULA;
"EULA" means this end user licence agreement, including any amendments
to this end user licence agreement from time to time;
"Game" means [identify video game], as modified, patched, updated and
upgraded from time to time by or with the authorisation of the Licensor,
including any DLC;
"Intellectual Property Rights" means all intellectual property rights
wherever in the world, whether registrable or unregistrable, registered or
unregistered, including any application or right of application for such rights
(and these "intellectual property rights" include copyright and related rights,
database rights, confidential information, trade secrets, know-how, business
names, trade names, trade marks, service marks, passing off rights, unfair
competition rights, patents, petty patents, utility models, semi-conductor
topography rights and rights in designs);
"Licensor" means Marcelo Milo / Co-founder and CTO of Black Onyx
Interactive, incorporated in Italy and Ireland registration number registration
number having its registered office at Tag Milano or a partnership established
under the law of Italy and Ireland having its principal place of business at Via
Ariscovo Calabiana 6, Milano. Italy. ;
"Permitted Hardware" means a single pc that is owned by and in the
physical control of the User and meets the minimum hardware requirements
for the Game published by the Licensor from time to time;
"Term" means the term of this EULA, commencing in accordance with Clause
3.1 and ending in accordance with Clause 3.2; and
"User" means the person to whom the Licensor grants a right to use the
Game under this EULA in accordance with the preamble to this EULA.
2. Credit
2.1 This document was created using a template from Docular
(https://docular.net).
You must retain the above credit. Use of this document without the credit is an
infringement of copyright. However, you can purchase from us an equivalent
document that does not include the credit.
3. Term
3.1 This EULA shall come into force upon the Effective Date.
3.2 This EULA shall continue in force indefinitely, subject to termination in
accordance with Clause 10 or any other provision of this EULA.
4. Licence
4.1 The Licensor hereby grants to the User from the date of supply of the Game to
the User until the end of the Term a worldwide, non-exclusive, nontransferable licence to:
(a) install a copy of the Game on the Permitted Hardware;
(b) install a copy of the Documentation on the Permitted Hardware;
(c) use a single instance of the Game on the Permitted Hardware in
accordance with the Documentation;
(d) view the Documentation on the Permitted Hardware; and
(e) create, store and maintain up to 5 back up copies of the Game,
for the private and domestic purposes of the User and subject to the
limitations and exclusions set out and referred to in this Clause 4. This licence
is granted subject to the payment of any applicable Licensor, Distribution
Platform and supplier charges.
4.2 The User may permit the family members and friends of the User to use the
User's installation of the Game on the Permitted Hardware in accordance with
the Documentation; providing that the User must not allow any other person
or persons to use the Game.
4.3 Any licence granted to the User under this Clause 4 shall be subject to the
following prohibitions:
(a) the User must not sell, resell, rent, lease, loan, license, sub-license, gift,
supply, transfer, publish, distribute or redistribute the Game;
(b) the User must not make the Game available for download or access by
others;
(c) the User must not commercially exploit the Game or use the Game to
provide any service (including using the Game at an internet cafe or
computer gaming centre);
(d) the User must not use the Game in connection with any marketing,
advertising or promotional activity;
(e) the User must not modify, alter, edit, adapt or create derivative works of
the Game;
(f) the User must not decompile, de-obfuscate or reverse engineer, or
attempt to decompile, de-obfuscate or reverse engineer, the Game;
(g) the User must not delete, remove, disable or circumvent any security
protection measures or proprietary notices in or associated with the
Game; and
(h) the User must not import or export the Game, or otherwise use the
Game, in contravention of any applicable laws,
save to the extent expressly permitted by this EULA or permitted by
applicable law on a non-excludable basis. The prohibitions in this Clause 4.3
relating to the Game shall apply equally to the Documentation.
4.4 The User acknowledges that the use of the Game and the exercise of the
rights of the User under this EULA may require the use of an activation code
or key, and further that:
(a) the User shall be responsible for securely storing the activation code or
key; and
(b) the Licensor shall have no obligation to replace a lost, stolen or
corrupted activation code or key.
5. Distribution Platforms
5.1 In addition to this EULA, the Distribution Platform Terms and Conditions may
affect the rights, obligations and liabilities of the User in relation to the Game.
5.2 In the event of any conflict between this EULA and the Distribution Platform
Terms and Conditions, the provisions of the latter shall take precedence.
5.3 Those provisions of the Distribution Platform Terms and Conditions that
impose obligations and/or liabilities on the User in relation to the Game
excluding those relating to payments are hereby incorporated into this EULA
for the benefit of the Licensor, and as such shall be enforceable by the
Licensor against the User.
5.4 For the avoidance of doubt, the following matters shall be governed by the
provisions of the Distribution Platform Terms and Conditions: the amounts
payable by the User in respect of this EULA; the methods of payment to be
used by the User; and any rights of the User to cancel this EULA and receive
any refunds of amounts paid in respect of this EULA.
5.5 The User acknowledges that the operator of the Distribution Platform has
rights under the Distribution Platform Terms and Conditions which may affect
the exercise of the User's rights under this EULA. Subject to Clause 9.1, the
Licensor will not be in breach of this EULA as a result of, and will not be liable
to the User in respect of:
(a) any act or omission of the operator; or
(b) any loss or damage arising out of the operator's exercise of its rights
under the Distribution Platform Terms and Conditions.
6. Intellectual Property Rights
6.1 Nothing in this EULA shall constitute an assignment or transfer of any
Intellectual Property Rights of the Licensor.
6.2 Save to the extent expressly provided otherwise in this EULA, all the
Intellectual Property Rights and other rights in:
(a) the Game;
(b) the works and materials comprised in the Game; and
(c) any other software or services of the Licensor,
are hereby reserved to the Licensor and its licensors.
7. Warranties
7.1 If the Licensor reasonably determines, or any third party alleges, that the use
of the Game by the User in accordance with this EULA infringes any person's
Intellectual Property Rights, the Licensor may acting reasonably at its own
cost and expense:
(a) modify the Game in such a way that it no longer infringes the relevant
Intellectual Property Rights; or
(b) procure for the User the right to use the Game in accordance with this
EULA.
7.2 The User warrants to the Licensor that it has the legal right and authority to
enter into this EULA and to perform its obligations under this EULA.
7.3 All of the parties' warranties and representations in respect of the subject
matter of this EULA are expressly set out in this EULA. To the maximum extent
permitted by applicable law, no other warranties or representations
concerning the subject matter of this EULA will be implied into this EULA or
any related contract.
8. Acknowledgements and warranty limitations
8.1 The User acknowledges that the use of the Game will require computer
hardware and software meeting the minimum requirements specified by the
Licensor. The User further acknowledges that, as the Game is updated, those
requirements may change and, accordingly, the Game may cease to function
on the hardware of the User.
8.2 The User acknowledges that complex software is never wholly free from
defects, errors and bugs; and the Licensor gives no warranty or representation
that the Game will be wholly free from defects, errors and bugs.
8.3 The User acknowledges that complex software is never entirely free from
security vulnerabilities; and the Licensor gives no warranty or representation
that the Game will be entirely secure.
9. Limitations and exclusions of liability
9.1 Nothing in this EULA will:
(a) limit or exclude any liability for death or personal injury resulting from
negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable
law; or
(d) exclude any liabilities that may not be excluded under applicable law,
and any statutory rights you may have as a consumer will not be excluded or
limited by this EULA, except to the extent permitted by law.
9.2 The limitations and exclusions of liability set out in this Clause 9 and
elsewhere in this EULA:
(a) are subject to Clause 9.1; and
(b) govern all liabilities arising under this EULA or relating to the subject
matter of this EULA, including liabilities arising in contract, in tort
(including negligence) and for breach of statutory duty, except to the
extent expressly provided otherwise in this EULA.
9.3 We will not be liable to you in respect of any losses arising out of any event or
events beyond our reasonable control.
9.4 We will not be liable to you in respect of any business losses, including
(without limitation) loss of or damage to profits, income, revenue, use,
production, anticipated savings, business, contracts, commercial opportunities
or goodwill.
9.5 Our aggregate liability to you in respect of this EULA shall not exceed the
greater of:
(a) 25USD; and
(b) the total amount paid and payable to us under this EULA.
10. Termination
11. Effects of termination
11.1 Upon the termination of this EULA, all of the provisions of this EULA shall
cease to have effect, save that the following provisions of this EULA shall
survive and continue to have effect (in accordance with their express terms or
otherwise indefinitely): Clauses 1, 5, 9, 11 and 12.
11.2 Except to the extent that this EULA expressly provides otherwise, the
termination of this EULA shall not affect the accrued rights of either party.
11.3 For the avoidance of doubt, all licences granted to the User under this EULA
shall terminate upon the termination of this EULA. Accordingly, the User must
immediately cease to use the Game and all other works and materials
licensed to the User under this EULA upon the termination of this EULA.
11.4 Within 2 days following the date of effective termination of this EULA, the User
must irreversibly delete or destroy all copies of the Game and all copies of all
other works and materials licensed to the User under this EULA in the
possession or control of the User.
12. General
12.1 No breach of any provision of this EULA shall be waived except with the
express written consent of the party not in breach.
12.2 If any provision of this EULA is determined by any court or other competent
authority to be unlawful and/or unenforceable, the other provisions of this
EULA will continue in effect. If any unlawful and/or unenforceable provision
would be lawful or enforceable if part of it were deleted, that part will be
deemed to be deleted, and the rest of the provision will continue in effect
(unless that would contradict the clear intention of the parties, in which case
the entirety of the relevant provision will be deemed to be deleted).
12.3 The Licensor may vary this EULA by giving to the User at least 30 days' prior
written notice of the variation or by updating the version of this EULA
published on its website. The continued use of the Game by the User following
any such variation constitutes the acceptance by the User of that variation.
Subject to this, this EULA may only be varied by a written document signed by
or on behalf of each of the parties.
12.4 This EULA is made for the benefit of the parties, and is not intended to benefit
any third party or be enforceable by any third party. The rights of the parties
to terminate, rescind, or agree any amendment, waiver, variation or
settlement under or relating to this EULA are not subject to the consent of any
third party.
12.5 Subject to Clause 9.1, this EULA shall constitute the entire agreement
between the parties in relation to the subject matter of this EULA, and shall
supersede all previous agreements, arrangements and understandings
between the parties in respect of that subject matter.
12.6 This EULA shall be governed by and construed in accordance with English law.
12.7 Subject to any mandatory requirements of applicable law, the courts of
England shall have exclusive jurisdiction to adjudicate any dispute arising
under or in connection with this EULA.
Please read this EULA carefully, as it sets out the basis upon which we license the
Game for use.
By clicking "accept agreement" when you first install the Game, you agree to be
bound by the provisions of this EULA. If you do not agree to be bound by the
provisions of this EULA, you must click "reject agreement" during the installation
process and promptly (and in any case within the period of 14 days following your
purchase) return the Game (on the media upon which the Game was provided) to
your supplier. Upon returning the Game and providing proof of purchase, you will be
entitled to a refund.
By agreeing to be bound by this EULA, you warrant to us that you are at least 18
years of age; if you are not, you must not use the Game.
This EULA should be read in conjunction with our privacy policy, which is available
at Blackonyx.ie
WARNING: The light patterns in some video games may trigger epileptic seizures or
blackouts in a very small number of individuals. If you have an epileptic condition,
you should consult a medical professional before playing the Game. If you
experience dizziness, muscle twitching, changes to vision, disorientation, seizures,
convulsions and/or any involuntary movements while playing the Game, you should
immediately stop playing and consult a medical professional.
Custom section
Custom section
1. Definitions
1.1 In this EULA, except to the extent expressly provided otherwise:
"Distribution Platform" means any digital distribution platform operated by
a third party by means of which the User lawfully acquired the Game;
"Distribution Platform Terms and Conditions" means the terms and
conditions of the Distribution Platform that set out any rights and/or
obligations of the User in relation to the Game;
"DLC" means any downloadable or other supplemental content for the Game
made available by the Licensor and purchased or otherwise lawfully acquired
by the User;
"Documentation" means any documentation for the Game produced by the
Licensor and supplied or made available by the Licensor to the User;
"Effective Date" means the date upon which the User accepts the terms of
this EULA in accordance with the preamble to this EULA;
"EULA" means this end user licence agreement, including any amendments
to this end user licence agreement from time to time;
"Game" means [identify video game], as modified, patched, updated and
upgraded from time to time by or with the authorisation of the Licensor,
including any DLC;
"Intellectual Property Rights" means all intellectual property rights
wherever in the world, whether registrable or unregistrable, registered or
unregistered, including any application or right of application for such rights
(and these "intellectual property rights" include copyright and related rights,
database rights, confidential information, trade secrets, know-how, business
names, trade names, trade marks, service marks, passing off rights, unfair
competition rights, patents, petty patents, utility models, semi-conductor
topography rights and rights in designs);
"Licensor" means Marcelo Milo / Co-founder and CTO of Black Onyx
Interactive, incorporated in Italy and Ireland registration number registration
number having its registered office at Tag Milano or a partnership established
under the law of Italy and Ireland having its principal place of business at Via
Ariscovo Calabiana 6, Milano. Italy. ;
"Permitted Hardware" means a single pc that is owned by and in the
physical control of the User and meets the minimum hardware requirements
for the Game published by the Licensor from time to time;
"Term" means the term of this EULA, commencing in accordance with Clause
3.1 and ending in accordance with Clause 3.2; and
"User" means the person to whom the Licensor grants a right to use the
Game under this EULA in accordance with the preamble to this EULA.
2. Credit
2.1 This document was created using a template from Docular
(https://docular.net).
You must retain the above credit. Use of this document without the credit is an
infringement of copyright. However, you can purchase from us an equivalent
document that does not include the credit.
3. Term
3.1 This EULA shall come into force upon the Effective Date.
3.2 This EULA shall continue in force indefinitely, subject to termination in
accordance with Clause 10 or any other provision of this EULA.
4. Licence
4.1 The Licensor hereby grants to the User from the date of supply of the Game to
the User until the end of the Term a worldwide, non-exclusive, nontransferable licence to:
(a) install a copy of the Game on the Permitted Hardware;
(b) install a copy of the Documentation on the Permitted Hardware;
(c) use a single instance of the Game on the Permitted Hardware in
accordance with the Documentation;
(d) view the Documentation on the Permitted Hardware; and
(e) create, store and maintain up to 5 back up copies of the Game,
for the private and domestic purposes of the User and subject to the
limitations and exclusions set out and referred to in this Clause 4. This licence
is granted subject to the payment of any applicable Licensor, Distribution
Platform and supplier charges.
4.2 The User may permit the family members and friends of the User to use the
User's installation of the Game on the Permitted Hardware in accordance with
the Documentation; providing that the User must not allow any other person
or persons to use the Game.
4.3 Any licence granted to the User under this Clause 4 shall be subject to the
following prohibitions:
(a) the User must not sell, resell, rent, lease, loan, license, sub-license, gift,
supply, transfer, publish, distribute or redistribute the Game;
(b) the User must not make the Game available for download or access by
others;
(c) the User must not commercially exploit the Game or use the Game to
provide any service (including using the Game at an internet cafe or
computer gaming centre);
(d) the User must not use the Game in connection with any marketing,
advertising or promotional activity;
(e) the User must not modify, alter, edit, adapt or create derivative works of
the Game;
(f) the User must not decompile, de-obfuscate or reverse engineer, or
attempt to decompile, de-obfuscate or reverse engineer, the Game;
(g) the User must not delete, remove, disable or circumvent any security
protection measures or proprietary notices in or associated with the
Game; and
(h) the User must not import or export the Game, or otherwise use the
Game, in contravention of any applicable laws,
save to the extent expressly permitted by this EULA or permitted by
applicable law on a non-excludable basis. The prohibitions in this Clause 4.3
relating to the Game shall apply equally to the Documentation.
4.4 The User acknowledges that the use of the Game and the exercise of the
rights of the User under this EULA may require the use of an activation code
or key, and further that:
(a) the User shall be responsible for securely storing the activation code or
key; and
(b) the Licensor shall have no obligation to replace a lost, stolen or
corrupted activation code or key.
5. Distribution Platforms
5.1 In addition to this EULA, the Distribution Platform Terms and Conditions may
affect the rights, obligations and liabilities of the User in relation to the Game.
5.2 In the event of any conflict between this EULA and the Distribution Platform
Terms and Conditions, the provisions of the latter shall take precedence.
5.3 Those provisions of the Distribution Platform Terms and Conditions that
impose obligations and/or liabilities on the User in relation to the Game
excluding those relating to payments are hereby incorporated into this EULA
for the benefit of the Licensor, and as such shall be enforceable by the
Licensor against the User.
5.4 For the avoidance of doubt, the following matters shall be governed by the
provisions of the Distribution Platform Terms and Conditions: the amounts
payable by the User in respect of this EULA; the methods of payment to be
used by the User; and any rights of the User to cancel this EULA and receive
any refunds of amounts paid in respect of this EULA.
5.5 The User acknowledges that the operator of the Distribution Platform has
rights under the Distribution Platform Terms and Conditions which may affect
the exercise of the User's rights under this EULA. Subject to Clause 9.1, the
Licensor will not be in breach of this EULA as a result of, and will not be liable
to the User in respect of:
(a) any act or omission of the operator; or
(b) any loss or damage arising out of the operator's exercise of its rights
under the Distribution Platform Terms and Conditions.
6. Intellectual Property Rights
6.1 Nothing in this EULA shall constitute an assignment or transfer of any
Intellectual Property Rights of the Licensor.
6.2 Save to the extent expressly provided otherwise in this EULA, all the
Intellectual Property Rights and other rights in:
(a) the Game;
(b) the works and materials comprised in the Game; and
(c) any other software or services of the Licensor,
are hereby reserved to the Licensor and its licensors.
7. Warranties
7.1 If the Licensor reasonably determines, or any third party alleges, that the use
of the Game by the User in accordance with this EULA infringes any person's
Intellectual Property Rights, the Licensor may acting reasonably at its own
cost and expense:
(a) modify the Game in such a way that it no longer infringes the relevant
Intellectual Property Rights; or
(b) procure for the User the right to use the Game in accordance with this
EULA.
7.2 The User warrants to the Licensor that it has the legal right and authority to
enter into this EULA and to perform its obligations under this EULA.
7.3 All of the parties' warranties and representations in respect of the subject
matter of this EULA are expressly set out in this EULA. To the maximum extent
permitted by applicable law, no other warranties or representations
concerning the subject matter of this EULA will be implied into this EULA or
any related contract.
8. Acknowledgements and warranty limitations
8.1 The User acknowledges that the use of the Game will require computer
hardware and software meeting the minimum requirements specified by the
Licensor. The User further acknowledges that, as the Game is updated, those
requirements may change and, accordingly, the Game may cease to function
on the hardware of the User.
8.2 The User acknowledges that complex software is never wholly free from
defects, errors and bugs; and the Licensor gives no warranty or representation
that the Game will be wholly free from defects, errors and bugs.
8.3 The User acknowledges that complex software is never entirely free from
security vulnerabilities; and the Licensor gives no warranty or representation
that the Game will be entirely secure.
9. Limitations and exclusions of liability
9.1 Nothing in this EULA will:
(a) limit or exclude any liability for death or personal injury resulting from
negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable
law; or
(d) exclude any liabilities that may not be excluded under applicable law,
and any statutory rights you may have as a consumer will not be excluded or
limited by this EULA, except to the extent permitted by law.
9.2 The limitations and exclusions of liability set out in this Clause 9 and
elsewhere in this EULA:
(a) are subject to Clause 9.1; and
(b) govern all liabilities arising under this EULA or relating to the subject
matter of this EULA, including liabilities arising in contract, in tort
(including negligence) and for breach of statutory duty, except to the
extent expressly provided otherwise in this EULA.
9.3 We will not be liable to you in respect of any losses arising out of any event or
events beyond our reasonable control.
9.4 We will not be liable to you in respect of any business losses, including
(without limitation) loss of or damage to profits, income, revenue, use,
production, anticipated savings, business, contracts, commercial opportunities
or goodwill.
9.5 Our aggregate liability to you in respect of this EULA shall not exceed the
greater of:
(a) 25USD; and
(b) the total amount paid and payable to us under this EULA.
10. Termination
11. Effects of termination
11.1 Upon the termination of this EULA, all of the provisions of this EULA shall
cease to have effect, save that the following provisions of this EULA shall
survive and continue to have effect (in accordance with their express terms or
otherwise indefinitely): Clauses 1, 5, 9, 11 and 12.
11.2 Except to the extent that this EULA expressly provides otherwise, the
termination of this EULA shall not affect the accrued rights of either party.
11.3 For the avoidance of doubt, all licences granted to the User under this EULA
shall terminate upon the termination of this EULA. Accordingly, the User must
immediately cease to use the Game and all other works and materials
licensed to the User under this EULA upon the termination of this EULA.
11.4 Within 2 days following the date of effective termination of this EULA, the User
must irreversibly delete or destroy all copies of the Game and all copies of all
other works and materials licensed to the User under this EULA in the
possession or control of the User.
12. General
12.1 No breach of any provision of this EULA shall be waived except with the
express written consent of the party not in breach.
12.2 If any provision of this EULA is determined by any court or other competent
authority to be unlawful and/or unenforceable, the other provisions of this
EULA will continue in effect. If any unlawful and/or unenforceable provision
would be lawful or enforceable if part of it were deleted, that part will be
deemed to be deleted, and the rest of the provision will continue in effect
(unless that would contradict the clear intention of the parties, in which case
the entirety of the relevant provision will be deemed to be deleted).
12.3 The Licensor may vary this EULA by giving to the User at least 30 days' prior
written notice of the variation or by updating the version of this EULA
published on its website. The continued use of the Game by the User following
any such variation constitutes the acceptance by the User of that variation.
Subject to this, this EULA may only be varied by a written document signed by
or on behalf of each of the parties.
12.4 This EULA is made for the benefit of the parties, and is not intended to benefit
any third party or be enforceable by any third party. The rights of the parties
to terminate, rescind, or agree any amendment, waiver, variation or
settlement under or relating to this EULA are not subject to the consent of any
third party.
12.5 Subject to Clause 9.1, this EULA shall constitute the entire agreement
between the parties in relation to the subject matter of this EULA, and shall
supersede all previous agreements, arrangements and understandings
between the parties in respect of that subject matter.
12.6 This EULA shall be governed by and construed in accordance with English law.
12.7 Subject to any mandatory requirements of applicable law, the courts of
England shall have exclusive jurisdiction to adjudicate any dispute arising
under or in connection with this EULA.