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END USERS LICENCE AGREEMENT
Last updated 2020-10-05
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 (“you” or “End User”) and Pal’Sur Studios (“us” or “Pal’Sur Studios”) for the software product which this EULA is accompanying, 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 (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.
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 Sections 5 and 6 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.
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.
1. Grant of License.
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 Pal’Sur Studios and, as applicable, its licensors.
Subject to your compliance with the terms and conditions of the EULA, Pal’Sur Studios 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 or any other game play device on which the Game is used (“Unit”), strictly for non-commercial purposes only. You may install the Game on different Units, but may only run the Game on one Unit at a time.
2. Permitted use
In addition to installing and playing the Game on your Unit, you may also, under the terms of this EULA:
3. Prohibited use
Unless otherwise provided in this EULA, you shall not:
4. User Generated Content
The Game may contain materials licensed by third parties, and the licensors of those materials are third party beneficiaries of this Agreement with the right to enforce their rights against you if you violate this Agreement.
Soundtracks may only be made publicly available in the context of a Let’s Play Video or game stream. If soundtracks from the Game are used, the artist and/or composer of each soundtrack must be credited as well.
The extent of this permission is subject to change from time to time and may be withdrawn at Pal’Sur Studios’s sole discretion.
Anyone who believes that their original work has been reproduced as UGC through one of our Games in a way that constitutes copyright infringement may notify us by using the contact form at arran.the.game@gmail.com.
5. Collection of Information
Pal’Sur Studios 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.
Pal’Sur Studios may use any collected information to improve its products, administer the Game, analyze trends, or to provide services to you. In addition, Pal’Sur Studios may use this information for the purpose of research, development, administration, support and marketing of Pal’Sur Studios products and services.
6. Support Services
From time to time, at Pal’Sur Studios’s sole discretion, Pal’Sur Studios may provide you with technical support and community management services related to the Game (“Support Services”). Fatshark reserves the right to alter, suspend, and terminate the Support Services at any time and for any reason. You can contact Pal’Sur Studios for Support Services by using the contact form at https://steamcommunity.com/app/1545080/discussions/
7. Patches, Updates and Changes
You acknowledge and accept that from time to time, Pal’Sur Studios may patch or update the Game for any purpose, including but not limited to resolving software bugs or other issues, rebalancing the Game or adding and/or removing features in the Game.
8. Termination
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, Pal’Sur Studios 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.
Pal’Sur Studios reserves the right to terminate this Agreement at any time for any reason, or for no reason, with or without notice to you. For purposes of explanation and not limitation, most Game suspensions and terminations are the result of violations of this Agreement. In case of minor violations of these rules, Pal’Sur Studios may provide you with a prior warning and/or suspend your use of the Game due to your non-compliance prior to terminating the Agreement.
In the event of a termination of this Agreement, any right you may have had to any pre-purchased Game access or virtual goods, such as DLC or in-Game purchases etc., are forfeit, and you agree and acknowledge that you are not entitled to any refund for any amounts which were pre-paid prior to any termination of this Agreement. In addition, you will not be able to use the Game.
The provisions of Sections 3, 8, 9, 10, 11 shall survive any termination of this EULA.
9. Limited Warranty
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.
Pal’Sur Studios warrants that the Game will provide the features and functions generally described in the product specification at the time of your purchase and in the product documentation.
PAL’SUR STUDIOS 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.
10. Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall Pal’Sur Studios, its affiliates, licensees or licensors be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the Game or defect in or caused by the Game, including but not limited to compromising the security of your unit on which the Game is run, operating system or files, or the provision of or failure to provide Support Services, even if Pal’Sur Studios has been advised of the possibility of such damages.
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.
11. Governing Law
You agree that this EULA shall be deemed to have been made and executed in Argentina and any dispute arising under this EULA shall be resolved in accordance with the laws of Argentina, excluding the law of conflicts and the Convention on Contracts for the International Sale of Goods.
12. Dispute Resolution
Most concerns regarding this EULA or the Game (“Disputes”) can be resolved by contacting Pal’Sur Studios at arran.the.game@gmail.com . Therefore, you agree to first attempt to negotiate any Dispute informally with Pal’Sur Studios 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 Buenos Aires, Argentina, 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.
13. Update of these terms
We may amend this EULA from time to time. Your continued use of the Game after changes are posted means you agree to be legally bound by the EULA as updated and amended.
14. Severability
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.
15. Miscellaneous
This EULA represents the complete agreement between you and Pal’Sur Studios concerning the Game and supersedes all prior agreements and representations, warranties or understandings between us (whether negligently or innocently made but excluding those made fraudulently), regarding the same subject matter.
The Schedules to this EULA is incorporated into and form an integral part of this EULA.
Pal’Sur Studios may assign this EULA, in whole or in part, at any time. You may not assign, transfer or sublicense any or all of your rights or obligations under this EULA without Pal’Sur Studios’s express prior written consent.
Nothing in this EULA gives or claims to give to any third party any benefit or right to enforce any term of this EULA.
16. Contact us
If you have a question regarding this EULA, or want to give us feedback about it, please contact us at arran.the.game@gmail.com .
THIS EULA IS APPLICABLE ONLY TO THE EXTENT AUTHORIZED BY LAW, ESPECIALLY CONSUMER PROTECTION LAWS.
Last updated 2020-10-05
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 (“you” or “End User”) and Pal’Sur Studios (“us” or “Pal’Sur Studios”) for the software product which this EULA is accompanying, 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 (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.
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 Sections 5 and 6 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.
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.
1. Grant of License.
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 Pal’Sur Studios and, as applicable, its licensors.
Subject to your compliance with the terms and conditions of the EULA, Pal’Sur Studios 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 or any other game play device on which the Game is used (“Unit”), strictly for non-commercial purposes only. You may install the Game on different Units, but may only run the Game on one Unit at a time.
2. Permitted use
In addition to installing and playing the Game on your Unit, you may also, under the terms of this EULA:
- Subject to Section 4 below, create and make publicly available Let’s Play Videos, game streams and other synchronized audio, visual or audiovisual content reproduced from the Game containing the images and sounds of the Game (“User Generated Content” or “UGC”) through social media channels such as Twitch.tv, Youtube.com and Mixer.com whether monetized or not;
- Make copies of the Game as may be necessary for backup and archival purposes.
3. Prohibited use
Unless otherwise provided in this EULA, you shall not:
- Remove or alter any copyright or trademark notices on any and all copies of the Game;
- Copy, rent, lend, lease, sublicense or distribute the Game other than as may be permitted according to applicable law;
- Remove, disable or circumvent any security protections such as digital rights management, proprietary notices or labels contained on or within the Game;
- 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;
- Use, develop, distribute or sell cheats, automation software (bots), hacks or any other unauthorized third-party software designed to modify the Game;
- 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
- Otherwise use the Game in a way which is not in compliance with all applicable laws or this EULA, or participating in such use or activities together with others (whether controlled or instigated by you or a third party).
4. User Generated Content
The Game may contain materials licensed by third parties, and the licensors of those materials are third party beneficiaries of this Agreement with the right to enforce their rights against you if you violate this Agreement.
Soundtracks may only be made publicly available in the context of a Let’s Play Video or game stream. If soundtracks from the Game are used, the artist and/or composer of each soundtrack must be credited as well.
The extent of this permission is subject to change from time to time and may be withdrawn at Pal’Sur Studios’s sole discretion.
Anyone who believes that their original work has been reproduced as UGC through one of our Games in a way that constitutes copyright infringement may notify us by using the contact form at arran.the.game@gmail.com.
5. Collection of Information
Pal’Sur Studios 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.
Pal’Sur Studios may use any collected information to improve its products, administer the Game, analyze trends, or to provide services to you. In addition, Pal’Sur Studios may use this information for the purpose of research, development, administration, support and marketing of Pal’Sur Studios products and services.
6. Support Services
From time to time, at Pal’Sur Studios’s sole discretion, Pal’Sur Studios may provide you with technical support and community management services related to the Game (“Support Services”). Fatshark reserves the right to alter, suspend, and terminate the Support Services at any time and for any reason. You can contact Pal’Sur Studios for Support Services by using the contact form at https://steamcommunity.com/app/1545080/discussions/
7. Patches, Updates and Changes
You acknowledge and accept that from time to time, Pal’Sur Studios may patch or update the Game for any purpose, including but not limited to resolving software bugs or other issues, rebalancing the Game or adding and/or removing features in the Game.
8. Termination
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, Pal’Sur Studios 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.
Pal’Sur Studios reserves the right to terminate this Agreement at any time for any reason, or for no reason, with or without notice to you. For purposes of explanation and not limitation, most Game suspensions and terminations are the result of violations of this Agreement. In case of minor violations of these rules, Pal’Sur Studios may provide you with a prior warning and/or suspend your use of the Game due to your non-compliance prior to terminating the Agreement.
In the event of a termination of this Agreement, any right you may have had to any pre-purchased Game access or virtual goods, such as DLC or in-Game purchases etc., are forfeit, and you agree and acknowledge that you are not entitled to any refund for any amounts which were pre-paid prior to any termination of this Agreement. In addition, you will not be able to use the Game.
The provisions of Sections 3, 8, 9, 10, 11 shall survive any termination of this EULA.
9. Limited Warranty
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.
Pal’Sur Studios warrants that the Game will provide the features and functions generally described in the product specification at the time of your purchase and in the product documentation.
PAL’SUR STUDIOS 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.
10. Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall Pal’Sur Studios, its affiliates, licensees or licensors be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the Game or defect in or caused by the Game, including but not limited to compromising the security of your unit on which the Game is run, operating system or files, or the provision of or failure to provide Support Services, even if Pal’Sur Studios has been advised of the possibility of such damages.
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.
11. Governing Law
You agree that this EULA shall be deemed to have been made and executed in Argentina and any dispute arising under this EULA shall be resolved in accordance with the laws of Argentina, excluding the law of conflicts and the Convention on Contracts for the International Sale of Goods.
12. Dispute Resolution
Most concerns regarding this EULA or the Game (“Disputes”) can be resolved by contacting Pal’Sur Studios at arran.the.game@gmail.com . Therefore, you agree to first attempt to negotiate any Dispute informally with Pal’Sur Studios 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 Buenos Aires, Argentina, 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.
13. Update of these terms
We may amend this EULA from time to time. Your continued use of the Game after changes are posted means you agree to be legally bound by the EULA as updated and amended.
14. Severability
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.
15. Miscellaneous
This EULA represents the complete agreement between you and Pal’Sur Studios concerning the Game and supersedes all prior agreements and representations, warranties or understandings between us (whether negligently or innocently made but excluding those made fraudulently), regarding the same subject matter.
The Schedules to this EULA is incorporated into and form an integral part of this EULA.
Pal’Sur Studios may assign this EULA, in whole or in part, at any time. You may not assign, transfer or sublicense any or all of your rights or obligations under this EULA without Pal’Sur Studios’s express prior written consent.
Nothing in this EULA gives or claims to give to any third party any benefit or right to enforce any term of this EULA.
16. Contact us
If you have a question regarding this EULA, or want to give us feedback about it, please contact us at arran.the.game@gmail.com .
THIS EULA IS APPLICABLE ONLY TO THE EXTENT AUTHORIZED BY LAW, ESPECIALLY CONSUMER PROTECTION LAWS.