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CRY OF ATHENA PLAYTEST
EARLY ACCESS AGREEMENT
This Early Access Agreement is between you and Simulated Minds LLC (“Simulated Minds” or “We” or “Us”). By downloading and using the Cry of Athena Playtest game, you hereby acknowledge that you have read and agree to the terms of this Agreement. The “Effective Date” of this Agreement is the date that you click the “I Agree” button below or otherwise download and use the Cry of Athena Playtest game.
THE GAME
1.1. The Game. You agree that the video game software application known as “Cry of Athena Playtest” (the “Game”) is in its non-final, pre-release form, and you are downloading it in accordance with the terms and conditions of this Agreement, the Game’s Terms of Use, and Privacy Policy, if any.
1.2. Non-Exclusive License. Subject to the terms and conditions of this Agreement, we grant you a non-exclusive license for non-commercial evaluation and gameplay purposes only during the term of this Agreement on a single device. Additional copies of the Game may be made solely for backup purposes.
1.3. Copyright Protection. You acknowledge that the Game (including any images, icons, graphics, animations, video, audio, music, and text incorporated into the Game) is protected by the copyright laws of the United States and worldwide.
1.4. Cost of Installation and Use. You agree to bear all expenses of download, installation, and use of the Game, if any, including expenses related to the purchase and operation of devices on which the Game is installed, internet and data use charges, and other costs associated with your devices.
1.5. No Guarantee of Release Version. Simulated Minds makes no representation regarding if or when they will announce the availability of the “gold release” or “final” version of the Game for license or purchase, or that Simulated Minds will ever make such a version available. You also acknowledge understanding that testing of the Game may not be complete and that the Game provided under this Agreement in its “early access” state may not meet applicable qualifications or standards, or conform to Simulated Minds’ final or planned product specifications.
CONFIDENTIALITY
2.1. “Confidential Information” means all nonpublic information of any type or character that is either disclosed, directly or indirectly, before or after the date of this Agreement, to you or with which you come into contact or is provided access to in connection with the Game. All Confidential Information remains Simulated Minds’ property. This Agreement does not require Simulated Minds to disclose any of its Confidential Information.
2.2. Protection. You agree to (i) maintain the Confidential Information in strict confidence and protect Confidential Information received under this Agreement, (ii) use the Confidential Information only for the use and evaluation of the Game and providing Feedback and Bug Reports to Simulated Minds, and not for any other purpose or for your own benefit or the benefit of any other person or party, and (iii) not to decompile, disassemble, or reverse engineer all or any part of the Confidential Information or the Game.
2.3. Exceptions. The following is not considered Confidential Information: (i) information that is or becomes generally available to the public through no fault of yours, or (ii) information that was rightfully in your possession before you received it from Simulated Minds.
OWNERSHIP; NO REVERSE ENGINEERING
3.1. Ownership of Game. The Game is and will remain Simulated Minds’ property. If Simulated Minds makes a “final” or “release” version of the Game available for license to you, that license will be made under the Game’s then-current End User License Agreement, Terms of Use, or other license agreement (which will be posted on the Game’s storefront product page and on Simulated Minds’ website). The license agreement for any such version of the Game will supersede the corresponding provisions of this Agreement.
3.2. No Other License. Nothing in this Agreement will be construed as granting a license or conferring any right, expressly, implicitly or otherwise, in the Game or any intellectual property rights related to the Game, other than as expressly provided in this Agreement.
3.3. No Reverse Engineering or Sale. You agree not to copy, modify, adapt, merge, reverse engineer, reverse compile, disassemble, sell, rent or lease, loan or sublicense the Game, either in whole or in part.
SAFE USE OF VR TECHNOLOGY
4.1. Your Safety. When using the Game and any VR equipment, you agree to the following terms regarding your safety and our liability:
4.1.1. You agree to always be aware of your surroundings while using the Game. This includes watching out for other people and your immediate environment.
4.1.2. You agree that your use of the Game is at your own risk, and that it is your responsibility to obtain and maintain any insurance policies (including health, liability, personal injury, medical, life, and others), that are reasonably necessary for any injuries that may be sustained while using the Game.
4.1.3. You agree that you will supervise any minor children who are using the Game, or if you are a minor, that you will have parental supervision when using the Game, at all times.
Without limiting the foregoing, you agree that you will not engage in any other activity which may reasonably result in injury, death, damage to property, or any other kind of legal liability.
4.2. Limitation of Liability. IN ADDITION TO ANY OTHER LIMITATION OF LIABILITY INCLUDED IN THIS AGREEMENT, YOU AGREE THAT SIMULATED MINDS, THEIR OFFICERS, DIRECTORS, AGENTS, PARTNERS, PARENTS AND SUBSIDIARIES, AND EMPLOYEES ARE NOT LIABLE FOR ANY INJURY, DEATH, PROPERTY DAMAGE, OR OTHER LEGAL LIABILITY INCURRED BY YOU OR OTHERS WHILE USING THE GAME.
4.3. Assumption of Risk.
You agree that, by using the Game, you acknowledge and agree that if you engage in any activity in connection with the Game, you do so at your own risk. You understand and agree that use of the Game carries with it certain risks, known and unknown, including but not limited to the risk of personal injury, and fully assume that risk on your own behalf and on behalf of your heirs, assigns, and agents. This includes, without limitation, your participation in any activity in connection with the Game and any devices or equipment used in connection with the Game. You agree that you are voluntarily participating in these activities and assume all risks of injury including, without limitation, injuries or damages that may result from your use of the Game.
GAME EVALUATION
5.1. Game Evaluation. As part of their distribution of the “early access” version of the Game, Simulated Minds hopes that you can provide them with feedback and reports during the term of this Agreement (your “Feedback”), as well as notifying Simulated Minds upon the identification of any bugs, defects or other material operability problems (your “Bug Reports”).
5.2. Submission of Feedback and Bug Reports. Feedback and Bug Reports may be submitted within the Game or by sending an email to simulatedmindsinc@gmail.com.
5.3. Feedback Terms. You agree that: (i) your Feedback, Bug Reports, and their contents will automatically become Simulated Minds’ property, without any compensation to you; (ii) Simulated Minds may use or redistribute the Feedback, Bug Reports, and their contents for any purpose and in any way; (iii) there is no obligation for Simulated Minds to review your Feedback, Bug Reports, or other submissions; and (iv) there is no obligation to keep any of your Feedback, Bug Reports, or other submissions confidential.
TERM AND TERMINATION
6.1. Term. The term of this Agreement will begin on the Effective Date and will end upon the earlier of (i) termination under the provisions of this Section or (ii) the effective date of a superseding license agreement by which the Game is licensed to you.
6.2. Termination. Notwithstanding any other provision of this Agreement, Simulated Minds may terminate this Agreement upon notice to you or in accordance with the applicable platform agreements where you licensed and downloaded the Game. Additionally, this Agreement will automatically terminate upon your material breach of this Agreement. Upon termination, you agree to promptly destroy/delete/uninstall the Game and any whole or partial copies of it.
WARRANTIES AND LIMITATION OF LIABILITY
7.1. SIMULATED MINDS MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE GAME. THE GAME IS FURNISHED UNDER THIS AGREEMENT ON AN “AS IS” BASIS. SIMULATED MINDS SPECIFICALLY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE GAME, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT AND IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING OR COURSE OF PERFORMANCE.
7.2. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT TO THE CONTRARY, NEITHER SIMULATED MINDS NOR ITS SUPPLIERS WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OR DAMAGES WHATSOEVER, INCLUDING SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES AND DAMAGES RESULTING FROM LOSS OF TIME, DATA, PROFITS, REVENUE, USE, OR ANY OTHER LOSS, EVEN IF SIMULATED MINDS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE GAME, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR UNDER ANY OTHER THEORY OF LIABILITY, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
GENERAL PROVISIONS
8.1. Rights and Remedies. All rights and remedies conferred by this Agreement or by law are cumulative and may be exercised singularly or concurrently. You acknowledge that any unauthorized use, copying, disclosure, distribution of the Game or any related content, methods, algorithms, techniques, processes or other information, will cause Simulated Minds irreparable harm for which there is no adequate remedy at law, entitling Simulated Minds to prompt injunctive relief in addition to any other legal or equitable remedies.
8.2. Severability. If any provision of this Agreement is held invalid by any law or regulation, that invalidity will not affect the enforceability of any other provisions of this Agreement.
8.3. Governing Law. This Agreement is governed by and will be construed in accordance with the laws of the State of California. The Parties hereby agree that any action arising out of this Agreement will be brought solely under the relevant courts located in the in any state or federal court located in San Jose, California, and the Parties hereby submit to the jurisdiction and venue of any such court.
8.4. Effect of Agreement. You acknowledge that, in providing you with the Game, Simulated Minds has relied upon your agreement to be bound by the terms of this Agreement. Your acceptance of the Game will be conclusive evidence of your agreement to be bound by the terms and conditions of this Agreement.
8.5. Survival. Unless otherwise agreed by Simulated Minds in writing, any provisions that by their nature should reasonably survive termination will survive any expiration or earlier termination of this Agreement.
8.6. Entire Agreement. This Agreement constitutes the entire Agreement between the Parties and supersedes all prior negotiations and communications, oral or written, between the Parties with respect to the subject matter of this Agreement, and no deviation from these terms and conditions will be binding unless in writing and signed by the Parties.
SIMULATED MINDS LLC
PRIVACY POLICY
This privacy policy will explain how Simulated Minds uses the personal data we collect from you when you play our game.
DEFINITIONS
For the purposes of this Privacy Policy:
Application means the software program provided by the Company downloaded by You on any electronic device, named Cry of Athena Playtest.
Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Simulated Minds LLC, 1267 Willis ST STE 200 Redding, CA 96001.
Device means any device that can access the Service such as a computer, or a VR Headset.
Personal Data is any information that relates to an identified or identifiable individual.
Service refers to the Application.
Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used.
Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the number of units spawned).
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
WHAT DATA DO WE COLLECT?
Simulated Minds collects the following data:
- Username & ID’s
+ IP address (automatic): used to infer country information
+ Unique device identifier generated from the device
+ Steam Account Name
+ Oculus Account Username
- Hardware Settings
+ Platform (automatic)
+ Device (automatic)
+ OS major (automatic)
+ OS minor (automatic)
+ Video Card Name
+ Processor Name
+ Total RAM
- Usage Data
+ Install timestamp: the timestamp of the first event received from the app
+ Boot-up timestamp: the timestamp of when the game boots up
+ Session Length
+ Event Game Data: Events which happen in-game. Some examples are: total Items spawned, maps loaded, number of times died
HOW DO WE COLLECT YOUR DATA?
We will collect Personal Data when You interact with our game. The other information you provide directly to Simulated Minds. We collect data and process data when you:
Play our game via an analytics tool from our Service Provider
Voluntarily complete a customer survey or provide feedback on any of our message boards or via email.
Our Company may also receive your data indirectly from the following sources:
- Simulated Minds Discord Channels
- Simulated Minds Support
- Cry of Athena Pandora Sandbox: Official Server
- Our Games’ Steam Forums
HOW WILL WE USE YOUR DATA?
Simulated Minds collects your data:
- To provide and maintain our Service, including to monitor the usage of our Service.
- To manage Your requests: To attend and manage Your requests to Us.
- To contact You: To contact You by email, Discord, Steam, or other equivalent forms of electronic communication, such as a mobile application's push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.
- For other purposes: We may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Service, products, services, marketing and your experience.
We may share Your personal information in the following situations:
- With Service Providers: We may share Your personal information with Service Providers to monitor and analyze the use of our Service, to contact You.
HOW DO WE STORE YOUR DATA?
Your information, including Personal Data, is processed at the Company's operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction.
Simulated Minds will keep your Usage Data up to a year from when it was processed by us. Once this time period has expired, the data will be deleted by our Service Provider. The data that you provide to us (e.g. surveys or e-mails) will be retained indefinitely.
WHAT ARE YOUR DATA PROTECTION RIGHTS?
Simulated Minds would like to make sure you are fully aware of all of your data protection rights. Every user is entitled to the following:
The right to access - You have the right to request Our Company for copies of your personal data. We may charge you a small fee for this service.
The right to rectification - You have the right to request that Our Company correct any information you believe is inaccurate. You also have the right to request Our Company to complete information you believe is incomplete.
The right to erasure - You have the right to request that Our Company erase your personal data, under certain conditions.
The right to restrict processing - You have the right to request that Our Company restrict the processing of your personal data, under certain conditions.
The right to object to processing - You have the right to object to Our Company's processing of your personal data, under certain conditions.
The right to data portability - You have the right to request that Our Company transfer the data that we have collected to another organization, or directly to you, under certain conditions.
If you make a request, we have one month to respond to you. If you would like to exercise any of these rights, please contact us at our email: simulatedmindsinc@gmail.com
CHILDREN'S PRIVACY
Our Service does not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 13 without verification of parental consent, We take steps to remove that information from Our servers.
If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, We may require Your parent's consent before We collect and use that information.
CHANGES TO OUR PRIVACY POLICY
Our Company keeps its privacy policy under regular review and places any updates on this document. This privacy policy was last updated on 20 May 2021.
HOW TO CONTACT US
If you have any questions about Our Company's privacy policy, the data we hold on you, or you would like to exercise one of your data protection rights, please do not hesitate to contact us.
Email: simulatedmindsinc@gmail.com
HOW TO CONTACT THE APPROPRIATE AUTHORITY
Should you wish to report a complaint or if you feel that Our Company has not addressed your concern in a satisfactory manner, you may contact the Information Commissioner's Office.
EARLY ACCESS AGREEMENT
This Early Access Agreement is between you and Simulated Minds LLC (“Simulated Minds” or “We” or “Us”). By downloading and using the Cry of Athena Playtest game, you hereby acknowledge that you have read and agree to the terms of this Agreement. The “Effective Date” of this Agreement is the date that you click the “I Agree” button below or otherwise download and use the Cry of Athena Playtest game.
THE GAME
1.1. The Game. You agree that the video game software application known as “Cry of Athena Playtest” (the “Game”) is in its non-final, pre-release form, and you are downloading it in accordance with the terms and conditions of this Agreement, the Game’s Terms of Use, and Privacy Policy, if any.
1.2. Non-Exclusive License. Subject to the terms and conditions of this Agreement, we grant you a non-exclusive license for non-commercial evaluation and gameplay purposes only during the term of this Agreement on a single device. Additional copies of the Game may be made solely for backup purposes.
1.3. Copyright Protection. You acknowledge that the Game (including any images, icons, graphics, animations, video, audio, music, and text incorporated into the Game) is protected by the copyright laws of the United States and worldwide.
1.4. Cost of Installation and Use. You agree to bear all expenses of download, installation, and use of the Game, if any, including expenses related to the purchase and operation of devices on which the Game is installed, internet and data use charges, and other costs associated with your devices.
1.5. No Guarantee of Release Version. Simulated Minds makes no representation regarding if or when they will announce the availability of the “gold release” or “final” version of the Game for license or purchase, or that Simulated Minds will ever make such a version available. You also acknowledge understanding that testing of the Game may not be complete and that the Game provided under this Agreement in its “early access” state may not meet applicable qualifications or standards, or conform to Simulated Minds’ final or planned product specifications.
CONFIDENTIALITY
2.1. “Confidential Information” means all nonpublic information of any type or character that is either disclosed, directly or indirectly, before or after the date of this Agreement, to you or with which you come into contact or is provided access to in connection with the Game. All Confidential Information remains Simulated Minds’ property. This Agreement does not require Simulated Minds to disclose any of its Confidential Information.
2.2. Protection. You agree to (i) maintain the Confidential Information in strict confidence and protect Confidential Information received under this Agreement, (ii) use the Confidential Information only for the use and evaluation of the Game and providing Feedback and Bug Reports to Simulated Minds, and not for any other purpose or for your own benefit or the benefit of any other person or party, and (iii) not to decompile, disassemble, or reverse engineer all or any part of the Confidential Information or the Game.
2.3. Exceptions. The following is not considered Confidential Information: (i) information that is or becomes generally available to the public through no fault of yours, or (ii) information that was rightfully in your possession before you received it from Simulated Minds.
OWNERSHIP; NO REVERSE ENGINEERING
3.1. Ownership of Game. The Game is and will remain Simulated Minds’ property. If Simulated Minds makes a “final” or “release” version of the Game available for license to you, that license will be made under the Game’s then-current End User License Agreement, Terms of Use, or other license agreement (which will be posted on the Game’s storefront product page and on Simulated Minds’ website). The license agreement for any such version of the Game will supersede the corresponding provisions of this Agreement.
3.2. No Other License. Nothing in this Agreement will be construed as granting a license or conferring any right, expressly, implicitly or otherwise, in the Game or any intellectual property rights related to the Game, other than as expressly provided in this Agreement.
3.3. No Reverse Engineering or Sale. You agree not to copy, modify, adapt, merge, reverse engineer, reverse compile, disassemble, sell, rent or lease, loan or sublicense the Game, either in whole or in part.
SAFE USE OF VR TECHNOLOGY
4.1. Your Safety. When using the Game and any VR equipment, you agree to the following terms regarding your safety and our liability:
4.1.1. You agree to always be aware of your surroundings while using the Game. This includes watching out for other people and your immediate environment.
4.1.2. You agree that your use of the Game is at your own risk, and that it is your responsibility to obtain and maintain any insurance policies (including health, liability, personal injury, medical, life, and others), that are reasonably necessary for any injuries that may be sustained while using the Game.
4.1.3. You agree that you will supervise any minor children who are using the Game, or if you are a minor, that you will have parental supervision when using the Game, at all times.
Without limiting the foregoing, you agree that you will not engage in any other activity which may reasonably result in injury, death, damage to property, or any other kind of legal liability.
4.2. Limitation of Liability. IN ADDITION TO ANY OTHER LIMITATION OF LIABILITY INCLUDED IN THIS AGREEMENT, YOU AGREE THAT SIMULATED MINDS, THEIR OFFICERS, DIRECTORS, AGENTS, PARTNERS, PARENTS AND SUBSIDIARIES, AND EMPLOYEES ARE NOT LIABLE FOR ANY INJURY, DEATH, PROPERTY DAMAGE, OR OTHER LEGAL LIABILITY INCURRED BY YOU OR OTHERS WHILE USING THE GAME.
4.3. Assumption of Risk.
You agree that, by using the Game, you acknowledge and agree that if you engage in any activity in connection with the Game, you do so at your own risk. You understand and agree that use of the Game carries with it certain risks, known and unknown, including but not limited to the risk of personal injury, and fully assume that risk on your own behalf and on behalf of your heirs, assigns, and agents. This includes, without limitation, your participation in any activity in connection with the Game and any devices or equipment used in connection with the Game. You agree that you are voluntarily participating in these activities and assume all risks of injury including, without limitation, injuries or damages that may result from your use of the Game.
GAME EVALUATION
5.1. Game Evaluation. As part of their distribution of the “early access” version of the Game, Simulated Minds hopes that you can provide them with feedback and reports during the term of this Agreement (your “Feedback”), as well as notifying Simulated Minds upon the identification of any bugs, defects or other material operability problems (your “Bug Reports”).
5.2. Submission of Feedback and Bug Reports. Feedback and Bug Reports may be submitted within the Game or by sending an email to simulatedmindsinc@gmail.com.
5.3. Feedback Terms. You agree that: (i) your Feedback, Bug Reports, and their contents will automatically become Simulated Minds’ property, without any compensation to you; (ii) Simulated Minds may use or redistribute the Feedback, Bug Reports, and their contents for any purpose and in any way; (iii) there is no obligation for Simulated Minds to review your Feedback, Bug Reports, or other submissions; and (iv) there is no obligation to keep any of your Feedback, Bug Reports, or other submissions confidential.
TERM AND TERMINATION
6.1. Term. The term of this Agreement will begin on the Effective Date and will end upon the earlier of (i) termination under the provisions of this Section or (ii) the effective date of a superseding license agreement by which the Game is licensed to you.
6.2. Termination. Notwithstanding any other provision of this Agreement, Simulated Minds may terminate this Agreement upon notice to you or in accordance with the applicable platform agreements where you licensed and downloaded the Game. Additionally, this Agreement will automatically terminate upon your material breach of this Agreement. Upon termination, you agree to promptly destroy/delete/uninstall the Game and any whole or partial copies of it.
WARRANTIES AND LIMITATION OF LIABILITY
7.1. SIMULATED MINDS MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE GAME. THE GAME IS FURNISHED UNDER THIS AGREEMENT ON AN “AS IS” BASIS. SIMULATED MINDS SPECIFICALLY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE GAME, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT AND IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING OR COURSE OF PERFORMANCE.
7.2. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT TO THE CONTRARY, NEITHER SIMULATED MINDS NOR ITS SUPPLIERS WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OR DAMAGES WHATSOEVER, INCLUDING SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES AND DAMAGES RESULTING FROM LOSS OF TIME, DATA, PROFITS, REVENUE, USE, OR ANY OTHER LOSS, EVEN IF SIMULATED MINDS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE GAME, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR UNDER ANY OTHER THEORY OF LIABILITY, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
GENERAL PROVISIONS
8.1. Rights and Remedies. All rights and remedies conferred by this Agreement or by law are cumulative and may be exercised singularly or concurrently. You acknowledge that any unauthorized use, copying, disclosure, distribution of the Game or any related content, methods, algorithms, techniques, processes or other information, will cause Simulated Minds irreparable harm for which there is no adequate remedy at law, entitling Simulated Minds to prompt injunctive relief in addition to any other legal or equitable remedies.
8.2. Severability. If any provision of this Agreement is held invalid by any law or regulation, that invalidity will not affect the enforceability of any other provisions of this Agreement.
8.3. Governing Law. This Agreement is governed by and will be construed in accordance with the laws of the State of California. The Parties hereby agree that any action arising out of this Agreement will be brought solely under the relevant courts located in the in any state or federal court located in San Jose, California, and the Parties hereby submit to the jurisdiction and venue of any such court.
8.4. Effect of Agreement. You acknowledge that, in providing you with the Game, Simulated Minds has relied upon your agreement to be bound by the terms of this Agreement. Your acceptance of the Game will be conclusive evidence of your agreement to be bound by the terms and conditions of this Agreement.
8.5. Survival. Unless otherwise agreed by Simulated Minds in writing, any provisions that by their nature should reasonably survive termination will survive any expiration or earlier termination of this Agreement.
8.6. Entire Agreement. This Agreement constitutes the entire Agreement between the Parties and supersedes all prior negotiations and communications, oral or written, between the Parties with respect to the subject matter of this Agreement, and no deviation from these terms and conditions will be binding unless in writing and signed by the Parties.
SIMULATED MINDS LLC
PRIVACY POLICY
This privacy policy will explain how Simulated Minds uses the personal data we collect from you when you play our game.
DEFINITIONS
For the purposes of this Privacy Policy:
Application means the software program provided by the Company downloaded by You on any electronic device, named Cry of Athena Playtest.
Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Simulated Minds LLC, 1267 Willis ST STE 200 Redding, CA 96001.
Device means any device that can access the Service such as a computer, or a VR Headset.
Personal Data is any information that relates to an identified or identifiable individual.
Service refers to the Application.
Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used.
Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the number of units spawned).
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
WHAT DATA DO WE COLLECT?
Simulated Minds collects the following data:
- Username & ID’s
+ IP address (automatic): used to infer country information
+ Unique device identifier generated from the device
+ Steam Account Name
+ Oculus Account Username
- Hardware Settings
+ Platform (automatic)
+ Device (automatic)
+ OS major (automatic)
+ OS minor (automatic)
+ Video Card Name
+ Processor Name
+ Total RAM
- Usage Data
+ Install timestamp: the timestamp of the first event received from the app
+ Boot-up timestamp: the timestamp of when the game boots up
+ Session Length
+ Event Game Data: Events which happen in-game. Some examples are: total Items spawned, maps loaded, number of times died
HOW DO WE COLLECT YOUR DATA?
We will collect Personal Data when You interact with our game. The other information you provide directly to Simulated Minds. We collect data and process data when you:
Play our game via an analytics tool from our Service Provider
Voluntarily complete a customer survey or provide feedback on any of our message boards or via email.
Our Company may also receive your data indirectly from the following sources:
- Simulated Minds Discord Channels
- Simulated Minds Support
- Cry of Athena Pandora Sandbox: Official Server
- Our Games’ Steam Forums
HOW WILL WE USE YOUR DATA?
Simulated Minds collects your data:
- To provide and maintain our Service, including to monitor the usage of our Service.
- To manage Your requests: To attend and manage Your requests to Us.
- To contact You: To contact You by email, Discord, Steam, or other equivalent forms of electronic communication, such as a mobile application's push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.
- For other purposes: We may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Service, products, services, marketing and your experience.
We may share Your personal information in the following situations:
- With Service Providers: We may share Your personal information with Service Providers to monitor and analyze the use of our Service, to contact You.
HOW DO WE STORE YOUR DATA?
Your information, including Personal Data, is processed at the Company's operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction.
Simulated Minds will keep your Usage Data up to a year from when it was processed by us. Once this time period has expired, the data will be deleted by our Service Provider. The data that you provide to us (e.g. surveys or e-mails) will be retained indefinitely.
WHAT ARE YOUR DATA PROTECTION RIGHTS?
Simulated Minds would like to make sure you are fully aware of all of your data protection rights. Every user is entitled to the following:
The right to access - You have the right to request Our Company for copies of your personal data. We may charge you a small fee for this service.
The right to rectification - You have the right to request that Our Company correct any information you believe is inaccurate. You also have the right to request Our Company to complete information you believe is incomplete.
The right to erasure - You have the right to request that Our Company erase your personal data, under certain conditions.
The right to restrict processing - You have the right to request that Our Company restrict the processing of your personal data, under certain conditions.
The right to object to processing - You have the right to object to Our Company's processing of your personal data, under certain conditions.
The right to data portability - You have the right to request that Our Company transfer the data that we have collected to another organization, or directly to you, under certain conditions.
If you make a request, we have one month to respond to you. If you would like to exercise any of these rights, please contact us at our email: simulatedmindsinc@gmail.com
CHILDREN'S PRIVACY
Our Service does not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 13 without verification of parental consent, We take steps to remove that information from Our servers.
If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, We may require Your parent's consent before We collect and use that information.
CHANGES TO OUR PRIVACY POLICY
Our Company keeps its privacy policy under regular review and places any updates on this document. This privacy policy was last updated on 20 May 2021.
HOW TO CONTACT US
If you have any questions about Our Company's privacy policy, the data we hold on you, or you would like to exercise one of your data protection rights, please do not hesitate to contact us.
Email: simulatedmindsinc@gmail.com
HOW TO CONTACT THE APPROPRIATE AUTHORITY
Should you wish to report a complaint or if you feel that Our Company has not addressed your concern in a satisfactory manner, you may contact the Information Commissioner's Office.