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END USER LICENCE AGREEMENT FOR SPECTRE
This End User Licence Agreement (“Agreement”) contains certain rights and obligations and is a legal binding agreement between you (“you” or “your”) and Symbiosis Game Inc. (“Symbiosis”). This Agreement supplements any agreements that apply to the platform from which you downloaded the Spectre (as defined below), such as the Steam Subscriber Agreement (“Subscriber Agreement”). If a conflict exists between this Agreement and the Subscriber Agreement, this Agreement shall prevail.
Spectre is a competitive multiplayer video game featuring a combination of first and third person action gameplay that can be downloaded and played on your device (“Spectre”).
Downloading or using Spectre indicates your acceptance of the terms and conditions of this Agreement. Accordingly, please read this Agreement before installing Spectre.
1 Licence Grant. Symbiosis grants you a limited, non-transferable, non-exclusive, licence to download Spectre to your device and access the multi-player capability in accordance with the applicable Subscriber Agreement. As long as you have paid the licence fee for Spectre, Symbiosis permits you to install and use multiple copies of Spectre on multiple devices owned by you, but you cannot operate them concurrently.
2 Licence Restrictions. You may use Spectre only as permitted by this Agreement. You may not rent, sublicense, make Spectre accessible to a third party (other than its multi-player capability), or otherwise transfer or distribute Spectre. You may not copy or modify Spectre. You may not attempt to reverse compile, disassemble, alter, add to, delete from, or modify Spectre. You may not publish or transfer Spectre, or any copy thereof, in whole or in part, except as expressly permitted by this Agreement. You may not use Spectre, or any of Spectre’s elements, to create derivative works or other works that are similar to Spectre. You may not remove any copyright or other proprietary notices from Spectre or any portion thereof.
3 Proprietary Rights. All rights and title in and to Spectre, including patents, copyrights, trade-marks and trade secret rights, belong to Symbiosis. Symbiosis holds title to each copy of Spectre, and any portion thereof. You acknowledge that the licence granted does not provide you with title to, or ownership of, Spectre, but rather a right of limited use under the terms and conditions of this Agreement. No other rights are granted to you with respect to Spectre.
4 Limited Warranty and Remedies. Symbiosis warrants that Spectre will be of an acceptable quality when first installed and for 60 days thereafter (“Warranty”), If you notify Symbiosis of a failure of Spectre to conform to the Warranty, Symbiosis’ sole obligation (subject to applicable law), and your sole remedy, shall be replacement of the version of Spectre you downloaded with another copy or newer version. This Warranty does not apply if Spectre doesn’t perform due to your hardware or software configuration or failure to meet the minimum requirements to run Spectre.
5 Warranty Disclaimer. Except as provided in section 4, Spectre is provided “as is” without warranty or conditions of any kind, express or implied, including, without limitation, any implied warranties or conditions of merchantability, fitness for a particular purpose and non-infringement. You take the entire risk as to the quality and performance of Spectre. Some jurisdictions do not allow the exclusion of implied warranties or conditions, so the above exclusions may not apply to you.
6 Limitation of Liability. SYMBIOSIS’ SOLE OBLIGATION OR LIABILITY UNDER THIS AGREEMENT IS THE REPLACEMENT OF SPECTRE. IF SYMBIOSIS IS REQUIRED BY LAW OR A COURT OF COMPETENT JURISDICTION TO PAY DAMAGES, THE DAMAGES SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR SPECTRE. SYMBIOSIS SHALL NOT BE LIABLE FOR CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL OR SIMILAR DAMAGES, SUCH AS LOSS OF DATA RESULTING FROM THE USE OR INABILITY TO USE SPECTRE, EVEN IF SYMBIOSIS IS ADVISED OF THE POSSIBILITY OF THESE DAMAGES. IN ADDITION, SYMBIOSIS SHALL NOT BE LIABLE FOR ANY CLAIM BY A THIRD PARTY ARISING OUT OF YOUR USE SPECTRE. SYMBIOSIS’ LIABILITY IS LIMITED TO THE AMOUNT YOU PAID FOR SPECTRE OVER THE PAST 12 MONTHS. YOU ACKNOWLEDGE THAT THE AMOUNT PAID BY YOU FOR SPECTRE REFLECTS THIS ALLOCATION OF RISK. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
7 Term and Termination. This Agreement shall take effect upon you agreeing to these terms or your use of Spectre (whichever occurs first), and shall remain in effect unless terminated as provided below. If you fail to comply with your obligations set out in this Agreement, this Agreement will terminate immediately. Upon termination, you shall immediately discontinue use of Spectre and shall return or provide certification to Symbiosis of the destruction of all copies of Spectre. All provisions of this Agreement relating to disclaimers of warranties, limitation of liability, remedies or damages, and Symbiosis' proprietary rights, shall survive termination of this Agreement.
8 General.
a) Except for the Subscriber Agreement, this Agreement sets forth the entire agreement and understanding between you and Symbiosis and neither you nor Symbiosis shall be bound by any other conditions, definitions, warranties, understandings or representations with respect to Spectre. The failure of Symbiosis or you to require performance of any provision of this Agreement shall not affect your or Symbiosis’ rights to enforce its rights at a later time. No waiver by you or Symbiosis of any condition or of a breach of this Agreement shall be deemed to be or construed as a further or continuing waiver of the condition or breach. If a provision of this Agreement is inoperative or unenforceable, it shall not have the effect of rendering the provision in question inoperative or unenforceable in any other case or circumstance, or of rendering any other provision or provisions contained in this Agreement invalid, inoperative, or unenforceable. The invalidity of a portion of this Agreement shall not affect the remaining portions of this Agreement.
b) This Agreement shall be governed by the laws of the Province of Ontario, Canada, without regard to its conflicts of laws rules. You and Symbiosis consent to the exclusive personal jurisdiction and venue in the Province of Ontario. The United Nations Commission on International Trade Law Conventions on Contracts for the International Sales of Goods and Related Transactions is specifically excluded from this Agreement. This Agreement is written in the English language at the express request of both Parties. La présente convention est rédigée en anglais à la demande expresse des parties.
c) Questions regarding this Agreement, notices or other communication to Symbiosis shall be sent via e-mail to admin@symbiosisgames.com
Version No. 20230609_1
This End User Licence Agreement (“Agreement”) contains certain rights and obligations and is a legal binding agreement between you (“you” or “your”) and Symbiosis Game Inc. (“Symbiosis”). This Agreement supplements any agreements that apply to the platform from which you downloaded the Spectre (as defined below), such as the Steam Subscriber Agreement (“Subscriber Agreement”). If a conflict exists between this Agreement and the Subscriber Agreement, this Agreement shall prevail.
Spectre is a competitive multiplayer video game featuring a combination of first and third person action gameplay that can be downloaded and played on your device (“Spectre”).
Downloading or using Spectre indicates your acceptance of the terms and conditions of this Agreement. Accordingly, please read this Agreement before installing Spectre.
1 Licence Grant. Symbiosis grants you a limited, non-transferable, non-exclusive, licence to download Spectre to your device and access the multi-player capability in accordance with the applicable Subscriber Agreement. As long as you have paid the licence fee for Spectre, Symbiosis permits you to install and use multiple copies of Spectre on multiple devices owned by you, but you cannot operate them concurrently.
2 Licence Restrictions. You may use Spectre only as permitted by this Agreement. You may not rent, sublicense, make Spectre accessible to a third party (other than its multi-player capability), or otherwise transfer or distribute Spectre. You may not copy or modify Spectre. You may not attempt to reverse compile, disassemble, alter, add to, delete from, or modify Spectre. You may not publish or transfer Spectre, or any copy thereof, in whole or in part, except as expressly permitted by this Agreement. You may not use Spectre, or any of Spectre’s elements, to create derivative works or other works that are similar to Spectre. You may not remove any copyright or other proprietary notices from Spectre or any portion thereof.
3 Proprietary Rights. All rights and title in and to Spectre, including patents, copyrights, trade-marks and trade secret rights, belong to Symbiosis. Symbiosis holds title to each copy of Spectre, and any portion thereof. You acknowledge that the licence granted does not provide you with title to, or ownership of, Spectre, but rather a right of limited use under the terms and conditions of this Agreement. No other rights are granted to you with respect to Spectre.
4 Limited Warranty and Remedies. Symbiosis warrants that Spectre will be of an acceptable quality when first installed and for 60 days thereafter (“Warranty”), If you notify Symbiosis of a failure of Spectre to conform to the Warranty, Symbiosis’ sole obligation (subject to applicable law), and your sole remedy, shall be replacement of the version of Spectre you downloaded with another copy or newer version. This Warranty does not apply if Spectre doesn’t perform due to your hardware or software configuration or failure to meet the minimum requirements to run Spectre.
5 Warranty Disclaimer. Except as provided in section 4, Spectre is provided “as is” without warranty or conditions of any kind, express or implied, including, without limitation, any implied warranties or conditions of merchantability, fitness for a particular purpose and non-infringement. You take the entire risk as to the quality and performance of Spectre. Some jurisdictions do not allow the exclusion of implied warranties or conditions, so the above exclusions may not apply to you.
6 Limitation of Liability. SYMBIOSIS’ SOLE OBLIGATION OR LIABILITY UNDER THIS AGREEMENT IS THE REPLACEMENT OF SPECTRE. IF SYMBIOSIS IS REQUIRED BY LAW OR A COURT OF COMPETENT JURISDICTION TO PAY DAMAGES, THE DAMAGES SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR SPECTRE. SYMBIOSIS SHALL NOT BE LIABLE FOR CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL OR SIMILAR DAMAGES, SUCH AS LOSS OF DATA RESULTING FROM THE USE OR INABILITY TO USE SPECTRE, EVEN IF SYMBIOSIS IS ADVISED OF THE POSSIBILITY OF THESE DAMAGES. IN ADDITION, SYMBIOSIS SHALL NOT BE LIABLE FOR ANY CLAIM BY A THIRD PARTY ARISING OUT OF YOUR USE SPECTRE. SYMBIOSIS’ LIABILITY IS LIMITED TO THE AMOUNT YOU PAID FOR SPECTRE OVER THE PAST 12 MONTHS. YOU ACKNOWLEDGE THAT THE AMOUNT PAID BY YOU FOR SPECTRE REFLECTS THIS ALLOCATION OF RISK. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
7 Term and Termination. This Agreement shall take effect upon you agreeing to these terms or your use of Spectre (whichever occurs first), and shall remain in effect unless terminated as provided below. If you fail to comply with your obligations set out in this Agreement, this Agreement will terminate immediately. Upon termination, you shall immediately discontinue use of Spectre and shall return or provide certification to Symbiosis of the destruction of all copies of Spectre. All provisions of this Agreement relating to disclaimers of warranties, limitation of liability, remedies or damages, and Symbiosis' proprietary rights, shall survive termination of this Agreement.
8 General.
a) Except for the Subscriber Agreement, this Agreement sets forth the entire agreement and understanding between you and Symbiosis and neither you nor Symbiosis shall be bound by any other conditions, definitions, warranties, understandings or representations with respect to Spectre. The failure of Symbiosis or you to require performance of any provision of this Agreement shall not affect your or Symbiosis’ rights to enforce its rights at a later time. No waiver by you or Symbiosis of any condition or of a breach of this Agreement shall be deemed to be or construed as a further or continuing waiver of the condition or breach. If a provision of this Agreement is inoperative or unenforceable, it shall not have the effect of rendering the provision in question inoperative or unenforceable in any other case or circumstance, or of rendering any other provision or provisions contained in this Agreement invalid, inoperative, or unenforceable. The invalidity of a portion of this Agreement shall not affect the remaining portions of this Agreement.
b) This Agreement shall be governed by the laws of the Province of Ontario, Canada, without regard to its conflicts of laws rules. You and Symbiosis consent to the exclusive personal jurisdiction and venue in the Province of Ontario. The United Nations Commission on International Trade Law Conventions on Contracts for the International Sales of Goods and Related Transactions is specifically excluded from this Agreement. This Agreement is written in the English language at the express request of both Parties. La présente convention est rédigée en anglais à la demande expresse des parties.
c) Questions regarding this Agreement, notices or other communication to Symbiosis shall be sent via e-mail to admin@symbiosisgames.com
Version No. 20230609_1