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DownhillVR - End User License Agreement
  1. Introduction

    1.1. This End-User License Agreement (EULA) forms a contract between you, the user, and FiredBy s.r.o. outlining the rules and regulations related to your use of our DownhillVR game.

    1.2. For this EULA, the term DownhillVR game encompasses the video game software, its integral components (including, but not limited to, the source code), and all associated content (such as graphics).

    1.3. This EULA covers the DownhillVR game, all subsequent updates, and extensions, unless specifically stated that a different EULA governs the extension. If a different agreement regulates an extension of the DownhillVR game, explicit consent will be sought from you.

    1.4. If you are under the legal age of majority as per your country's laws, we urge you to have this agreement examined and accepted by your parent or legal guardian.

    1.5 FiredBy s.r.o. self-publish DownhillVR game, distributing directly through platforms such as Steam. Each platform may have its own terms and conditions governing its services, which complement this EULA. In the event of overlapping or conflicting provisions between this EULA and the platform's terms, the latter's terms will take precedence unless they explicitly defer to this EULA.
  2. Health and Safety Precautions

    2.1. Given its virtual-reality nature, the DownhillVR game could be physically demanding. Regular breaks and hydration are strongly advised. Ensure you are in an appropriate physical condition to play; consult a physician if unsure.

    2.2. While engaged with the DownhillVR game, be conscious of your surroundings. Always ensure ample safe space for play, free from obstacles or potential hazards.

    2.3. Remember that you are responsible for your actions while playing the DownhillVR game. FiredBy s.r.o. will not be held accountable for any injury or damage resulting from your actions during gameplay.

    2.4. If you are underage according to the laws in your country, have the health and safety guidelines vetted by your parent or a responsible adult before starting the DownhillVR game.
  3. License Terms and Ownership

    3.1. We grant you the right to use the DownhillVR game (a license) for the purposes of downloading, installing, and engaging in gameplay strictly for your personal, non-commercial entertainment.

    3.2. All rights of ownership related to the DownhillVR game are retained by us. No transfer of proprietary rights is conveyed to you through this EULA.

    3.3. The following actions related to the DownhillVR game are prohibited:
    3.3.1. Utilizing the DownhillVR game for commercial purposes, including e-sports events and alike, without our prior approval or as otherwise explicitly allowed under this EULA;
    3.3.2. Providing a sublicense to any third party;
    3.3.3. Duplicating the DownhillVR game, barring any copies required to operate the game on your gaming device;
    3.3.4. Selling, leasing, renting, or distributing the DownhillVR game in any manner;
    3.3.5. Modifying, merging, disseminating, translating, reverse engineering, decompiling, disassembling the DownhillVR game, unless explicitly permitted by this EULA, our prior written consent, or mandatory regulations of applicable law;
    3.3.6. Circumventing or eliminating any protective measures to prevent misuse of the DownhillVR game;
    3.3.7. Cheating, deliberately exploiting bugs or glitches, intentionally harassing or causing distress to other players, or employing any software or methods to execute any of the aforesaid activities within the DownhillVR game;
    3.3.8. Misusing the DownhillVR game in any manner in contravention of applicable laws, including but not limited to, good moral conduct rules.

    3.4. We maintain the right to introduce or autonomously deploy patches, updates, and other modifications to the DownhillVR game to fix or rectify a bug, glitch, or other issues, to prevent misuse of the game or violation of this EULA, or to improve the gameplay experience (such as adding additional content).

    3.5. Respect and courtesy are expected while utilizing any online features of the DownhillVR game, particularly during interactions with other players. Don't select a username that is disrespectful, offensive, or infringes upon the rights of others, especially personal rights. If such behavior occurs, we reserve the right to take necessary actions, such as modifying your username, restricting your access to online features of the DownhillVR game.
  4. Disclaimers and Limitation of Liability

    4.1. We provide you the rights under this EULA to the DownhillVR game in its current state ("as is") and subject to availability. Therefore, we cannot assure you that the DownhillVR game will be entirely free of bugs, glitches, or other issues. As far as the applicable law allows, we disclaim any responsibility or liability for any bugs, glitches, or other issues that may occur within the DownhillVR game.

    4.2. We assure you that we hold the necessary rights to enter into this EULA with you and grant you the rights as outlined herein, specifically the license to use the DownhillVR game.

    4.3. DownhillVR 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. FiredBy s.r.o., 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, FiredBy s.r.o., Epic, and Epic’s affiliates make no warranty that (1) any of the Epic Materials will operate properly, including as integrated in the DownhillVR, (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 DownhillVR, or will not revoke approval of this DownhillVR 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 FiredBy s.r.o. and Epic. FiredBy s.r.o., 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 FiredBy s.r.o., Epic, Epic’s licensors, nor its or their affiliates, nor any of FiredBy'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 FiredBy s.r.o., Epic, Epic’s licensors, nor its or their affiliates, nor any of FiredBy'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 FiredBy'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 FiredBy s.r.o., 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 FiredBy s.r.o., Epic, Epic’s licensors, its and their affiliates, and any of FiredBy's or Epic’s service providers shall be limited to the full extent permitted by law.
  5. Termination

    5.1. We reserve the right to terminate this EULA without any notice period in the event of your substantial violation of its terms. Upon such termination, you will forfeit all rights granted under this EULA, including the right to use the DownhillVR game, while we will be absolved of any further obligations stemming from this EULA.
  6. Governing Law and Dispute Resolution

    6.1. This EULA, your usage of the DownhillVR game, and all claims deriving from, related to, or in connection with this EULA, its enforcement, and any rights and obligations regarding compensation for damages arising from the breach of this EULA, or any unjust enrichment incurred in relation to this EULA, shall be governed by and construed in accordance with the law of the Czech Republic, excluding its conflict-of-law rules, including its statutes of limitations.

    6.2. All disputes related to this EULA shall fall under the exclusive jurisdiction of the courts of the Czech Republic.
  7. Other Legal Provisions

    7.1. You may not transfer this agreement or any rights granted under this agreement to another party.

    7.2. As far as the applicable law allows, the provisions of this agreement shall be interpreted to the fullest extent expressed herein. If any provision of this agreement is deemed to be null, unenforceable, or irrelevant, the rest of the agreement will remain unaffected.
  8. Amendments and Modifications

    8.1. We hold the right to modify or change this agreement. In such instances, we will upload the updated agreement online and make reasonable efforts to notify you of the changes.

    8.2. Any amendments or changes to the agreement will become legally binding 30 days after they are posted online, unless a longer period is stated in the amendment. If you disagree with the changes, you can terminate this agreement by ceasing all use of the DownhillVR game, including uninstalling any copies on your gaming device. If you continue to use the DownhillVR game after the changes are in effect, it will be interpreted as your acceptance of the updated agreement in its entirety.
  9. Contact Information

    9.1. Should you have any queries, comments, or feedback, or wish to lodge any complaints regarding our execution of this agreement, you may reach us at contact@firedby.com.