| Language: |
End-User License Agreement
=
Last updated: September 07, 2021
Please read this End-User License Agreement ("Agreement")
carefully before clicking the "I Agree" button, downloading, installing, accessing, utilising or using the Application as well as the privacy policy located in the game directory folder.
Interpretation and Definitions
==============================
Interpretation
--------------
The words of which the initial letter is capitalized have meanings defined under the following definitions. The following defined terms shall have the same meaning regardless of whether they appear in the singular or in plural.
Definitions
-----------
For the purposes of this End-User License Agreement:
* “Agreement” means this End-User License Agreement that forms the entire agreement between You and Us (also referred to as “We” and “Our” in this Agreement) regarding the use of the Application.
* “Application” means the software program provided by Us downloaded by You to a Device, named Tales of Raetrethra - Legends of the Past, including all versions and releases thereof made publicly available prior to or subsequent to the date of your agreement to the terms and conditions of this Agreement.
* “Content” refers to content or data such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You to Us in connection with Your use of the Application, whether or not through the Application, and regardless of the form of that content.
* “Device” means any device that can access the Application such as a computer, a cellphone or a digital tablet.
* “Third-Party Services” means any services or content (including, without limitation, data, information, applications and other products services) provided by a third-party that may be displayed, included or made available by the Application, or any links to third-party websites or services that may be contained in the Application.
* “You” means the individual accessing or using the Application, or the company, or other legal entity on behalf of which such individual is accessing or using the Application, as applicable. The word “Your” shall be construed accordingly.
Acknowledgment
==============
By clicking the "I Agree" button, downloading, installing, accessing, utilising or using the Application, You are agreeing to be bound by the terms and conditions of this Agreement. If You do not agree to the terms of this Agreement, do not click on the "I Agree" button, do not purchase, download, install, access, utilise or use the Application.
This Agreement is a legal document between You and Us and it governs Your use of the Application made available to You by Us.
The Application is licensed, not sold, to You by Us for use strictly in accordance with the terms of this Agreement.
License
=======
Scope of License
----------------
Subject to the terms and conditions of this Agreement and your agreement therewith, We hereby grant to You and You hereby accept a revocable, non-exclusive, non-transferable, non-sublicensable limited license to download, internally install and use the Application strictly in accordance with the terms of this Agreement until either You or We terminate this Agreement.
The license that is granted to You by Us is solely for Your individual, personal, non-commercial, entertainment purposes strictly in accordance with the terms of this Agreement, and may not be used for any other purpose or in any other way.
License Restrictions
--------------------
You agree not to, and You will not permit others to:
* License, sell, rent, lease, sublicense assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Application or make the Application available to any third party.
* Copy, reproduce, translate or use the Application for any purpose other than as permitted under the above section 'Scope of License'.
* Modify or cause to be modified, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer in whole or in part, the Application.
* Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) belonging to Us or Our affiliates, partners, suppliers or the licensors of the Application.
Intellectual Property
=====================
All rights and title in an to the Application (and all Updates), and all Content included therein (including without limitation all copyrights, patents, trademarks, trade secrets and other intellectual property rights, in all cases whether registered or not, are, and shall remain, Our sole and exclusive property or Our licensors’. We and Our licensors reserve all rights in connection with the Application, including, without limitation, the exclusive right to create derivative works therefrom, and you agree that you will not create any work of authorship based on the Application except as expressly permitted by Us.
We shall not be obligated to indemnify or defend You with respect to any third-party claim against You arising out of or in any other manner relating to the Application (or any Updates). To the extent We are required to provide indemnification by applicable law, We shall be solely responsible for the investigation, defense, settlement and discharge of any claim that the Application (or any Updates) or Your use of them infringes any third party intellectual property rights.
Your Suggestions
================
Any feedback, comments, ideas, improvements or suggestions, or any other Contents or input provided by You to Us with respect to the Application (“Suggestions”) shall remain the sole and exclusive property of Us. You hereby agree not to claim any rights and/or interest, proprietary or otherwise, to or in the Suggestions.
We shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to You.
Modifications to the Application
================================
We reserve the right in Our sole and absolute discretion to revise, update, modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to You (“Changes”). You are deemed to have accepted the changes if you continue to use the Application after the Changes are made. If any Changes to this Agreement are unacceptable to you or cause you to no longer be in agreement or compliance with this Agreement, or if at any time you no longer agree with any portion of the then-current version of this Agreement, We reserve the right to terminate this Agreement pursuant to Our right of termination below. You can review the most current version of this Agreement by clicking on the “EULA” link located on the Steam store page. If the Application requires an Update at the time you launch the Application to access the Application, You will have the opportunity to review and to accept or reject the current version of this Agreement.
Updates to the Application
--------------------------
We may from time to time provide enhancements or improvements, or any other changes or modifications, to the features/functionality of the Application, which may include patches, bug fixes, updates, upgrades and other modifications (“Updates”).
Updates may modify or delete certain features and/or functionalities of the Application. You agree that We have no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Application to You.
You further agree that all Updates will be (i) deemed to constitute an integral part of the Application, and (ii) subject to the terms and conditions of this Agreement.
Maintenance and Support
-----------------------
We do not provide any maintenance or support for the download and use of the Application, including the implementation of any Updates. To the extent that any maintenance or support is required by applicable law, We will exercise reasonable efforts to furnish any such maintenance or support. Notwithstanding the foregoing, We shall not be held liable for any acts or omissions, as the case may be, in connection with the provision of such maintenance or support services, to the maximum extent permitted by law.
Third-Party Services
====================
You acknowledge and agree that We shall not be responsible for any Third-party Services, including without limitation their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. We do not assume and shall not have any liability or responsibility to You or any other person or entity for any use of Third-party Services. We do not warrant that the use of Third-Party Services by You in the context of the Application will not infringe any third-party rights, or that such use of Third-Party Services will not cause harm to the Device.
You must comply with applicable Third-Party Services’ terms and conditions when using the Application. Third-Party Services and links thereto are provided solely as a convenience to You and You access and use them entirely at Your own risk and subject to such Third-Party Services’ terms and conditions.
Term and Termination
====================
This Agreement shall remain in effect until terminated by You or Us. We may, at Our sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.
Termination by Us will be effective upon notice to You, or Our decision to permanently discontinue offering and/or supporting the Application. This Agreement will terminate immediately, without prior notice from Us, in the event that You fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies thereof from Your Device.
Upon termination of this Agreement, the licence granted to you shall immediately terminate, and You shall immediately and permanently cease all use of the Application and delete all copies of the Application from Your Device and destroy any and all copies of the Application that may be in your possession.
Termination of this Agreement will not limit any of Our rights or remedies at law or in equity in case of breach by You (during the term of this Agreement) of any of Your obligations under the present Agreement.
Indemnification
===============
You hereby agree to fully indemnify, defend and hold Us and our officers, employees, agents, partners and licensors (if any) harmless from and against any and all claims or demands, losses, liabilities, damages, and expenses including reasonable attorneys' fees, howsoever incurred or suffered, due to or arising out of Your: (a) use of the Application; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.
No Warranties
=============
The Application and all Updates are provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects, and without warranty of any kind. To the maximum extent permitted under applicable law, We, on Our own behalf and on behalf of Our affiliates and Our and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Application and all Updates, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, We provide no warranty or undertaking, and make no representation of any kind that the Application or any Updates will meet Your requirements, achieve any intended results, be compatible or work with Your Device or any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, and to the fullest extent permitted by the applicable laws, neither We nor any of Our affiliates, licensors or service providers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Application and all Updates, or the information, content, and materials or products included thereon; (ii) that the Application and all Updates will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Application and all Updates; or (iv) that the Application and all Updates, their servers, contents (including any codes), or e-mails sent from or on behalf of Us are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
Your Warranties
======================
You warrant and represent to Us that: (i) You have the full capacity, and are not under any prohibition, to enter into this Agreement or use the Application; (ii) Your use of the Application will not contravene any laws and regulations to which You are or may be subject; and (iii) Your use of the Application will not cause Us to be in breach of any laws and regulations to which We are or may be subject.
Limitation of Liability
=======================
Notwithstanding any damages that You might incur, the entire liability of Us and any of Our affiliates, licensors, service providers or suppliers under any provision of this Agreement (including under any indemnity) and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You for the component of the Application giving rise to the claim, or 100 USD if You haven't purchased anything through the Application.
To the maximum extent permitted by applicable law, in no event shall We or Our affiliates, licensors, service providers or suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Application, third-party software and/or third-party hardware used with the Application, or otherwise in connection with any provision of this Agreement), even if We or any of Our affiliates, licensors, service providers or supplier have been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some jurisdictions do not allow the exclusion or limitation of certain types of damages, so the above limitation or exclusion may not apply to You.
Severability and Waiver
=======================
Severability
------------
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be deemed to have been changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
------
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not affect a party's ability to exercise such right or require such performance at any time thereafter, and no waiver of a prior breach shall constitute a waiver of any subsequent breach.
Changes to this Agreement
=========================
We reserve the right, at Our sole discretion, to revise, modify or otherwise replace this Agreement at any time. If a revision is material We will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at the sole discretion of Us.
By continuing to access or use the Application after any revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, You are no longer authorized to use the Application and shall delete the Application immediately.
Governing Law
=============
The laws of Malaysia, including its conflicts of law rules, shall govern this Agreement and Your use of the Application. You agree that in case of any dispute concerning this Agreement, such dispute shall be subject to the exclusive jurisdiction of the courts of Malaysia.
Entire Agreement
================
The Agreement constitutes the entire agreement between You and Us regarding Your use of the Application and supersedes all prior and contemporaneous written or oral agreements between You and Us.
You may be subject to additional terms and conditions that apply when You use or purchase other of Our services, which We will provide to You at the time of such use or purchase.
Contact Us
==========
If You have any questions about this Agreement, You can contact Us:
* By email: tales_of_raetrethra@outlook.com.
=
Last updated: September 07, 2021
Please read this End-User License Agreement ("Agreement")
carefully before clicking the "I Agree" button, downloading, installing, accessing, utilising or using the Application as well as the privacy policy located in the game directory folder.
Interpretation and Definitions
==============================
Interpretation
--------------
The words of which the initial letter is capitalized have meanings defined under the following definitions. The following defined terms shall have the same meaning regardless of whether they appear in the singular or in plural.
Definitions
-----------
For the purposes of this End-User License Agreement:
* “Agreement” means this End-User License Agreement that forms the entire agreement between You and Us (also referred to as “We” and “Our” in this Agreement) regarding the use of the Application.
* “Application” means the software program provided by Us downloaded by You to a Device, named Tales of Raetrethra - Legends of the Past, including all versions and releases thereof made publicly available prior to or subsequent to the date of your agreement to the terms and conditions of this Agreement.
* “Content” refers to content or data such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You to Us in connection with Your use of the Application, whether or not through the Application, and regardless of the form of that content.
* “Device” means any device that can access the Application such as a computer, a cellphone or a digital tablet.
* “Third-Party Services” means any services or content (including, without limitation, data, information, applications and other products services) provided by a third-party that may be displayed, included or made available by the Application, or any links to third-party websites or services that may be contained in the Application.
* “You” means the individual accessing or using the Application, or the company, or other legal entity on behalf of which such individual is accessing or using the Application, as applicable. The word “Your” shall be construed accordingly.
Acknowledgment
==============
By clicking the "I Agree" button, downloading, installing, accessing, utilising or using the Application, You are agreeing to be bound by the terms and conditions of this Agreement. If You do not agree to the terms of this Agreement, do not click on the "I Agree" button, do not purchase, download, install, access, utilise or use the Application.
This Agreement is a legal document between You and Us and it governs Your use of the Application made available to You by Us.
The Application is licensed, not sold, to You by Us for use strictly in accordance with the terms of this Agreement.
License
=======
Scope of License
----------------
Subject to the terms and conditions of this Agreement and your agreement therewith, We hereby grant to You and You hereby accept a revocable, non-exclusive, non-transferable, non-sublicensable limited license to download, internally install and use the Application strictly in accordance with the terms of this Agreement until either You or We terminate this Agreement.
The license that is granted to You by Us is solely for Your individual, personal, non-commercial, entertainment purposes strictly in accordance with the terms of this Agreement, and may not be used for any other purpose or in any other way.
License Restrictions
--------------------
You agree not to, and You will not permit others to:
* License, sell, rent, lease, sublicense assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Application or make the Application available to any third party.
* Copy, reproduce, translate or use the Application for any purpose other than as permitted under the above section 'Scope of License'.
* Modify or cause to be modified, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer in whole or in part, the Application.
* Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) belonging to Us or Our affiliates, partners, suppliers or the licensors of the Application.
Intellectual Property
=====================
All rights and title in an to the Application (and all Updates), and all Content included therein (including without limitation all copyrights, patents, trademarks, trade secrets and other intellectual property rights, in all cases whether registered or not, are, and shall remain, Our sole and exclusive property or Our licensors’. We and Our licensors reserve all rights in connection with the Application, including, without limitation, the exclusive right to create derivative works therefrom, and you agree that you will not create any work of authorship based on the Application except as expressly permitted by Us.
We shall not be obligated to indemnify or defend You with respect to any third-party claim against You arising out of or in any other manner relating to the Application (or any Updates). To the extent We are required to provide indemnification by applicable law, We shall be solely responsible for the investigation, defense, settlement and discharge of any claim that the Application (or any Updates) or Your use of them infringes any third party intellectual property rights.
Your Suggestions
================
Any feedback, comments, ideas, improvements or suggestions, or any other Contents or input provided by You to Us with respect to the Application (“Suggestions”) shall remain the sole and exclusive property of Us. You hereby agree not to claim any rights and/or interest, proprietary or otherwise, to or in the Suggestions.
We shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to You.
Modifications to the Application
================================
We reserve the right in Our sole and absolute discretion to revise, update, modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to You (“Changes”). You are deemed to have accepted the changes if you continue to use the Application after the Changes are made. If any Changes to this Agreement are unacceptable to you or cause you to no longer be in agreement or compliance with this Agreement, or if at any time you no longer agree with any portion of the then-current version of this Agreement, We reserve the right to terminate this Agreement pursuant to Our right of termination below. You can review the most current version of this Agreement by clicking on the “EULA” link located on the Steam store page. If the Application requires an Update at the time you launch the Application to access the Application, You will have the opportunity to review and to accept or reject the current version of this Agreement.
Updates to the Application
--------------------------
We may from time to time provide enhancements or improvements, or any other changes or modifications, to the features/functionality of the Application, which may include patches, bug fixes, updates, upgrades and other modifications (“Updates”).
Updates may modify or delete certain features and/or functionalities of the Application. You agree that We have no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Application to You.
You further agree that all Updates will be (i) deemed to constitute an integral part of the Application, and (ii) subject to the terms and conditions of this Agreement.
Maintenance and Support
-----------------------
We do not provide any maintenance or support for the download and use of the Application, including the implementation of any Updates. To the extent that any maintenance or support is required by applicable law, We will exercise reasonable efforts to furnish any such maintenance or support. Notwithstanding the foregoing, We shall not be held liable for any acts or omissions, as the case may be, in connection with the provision of such maintenance or support services, to the maximum extent permitted by law.
Third-Party Services
====================
You acknowledge and agree that We shall not be responsible for any Third-party Services, including without limitation their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. We do not assume and shall not have any liability or responsibility to You or any other person or entity for any use of Third-party Services. We do not warrant that the use of Third-Party Services by You in the context of the Application will not infringe any third-party rights, or that such use of Third-Party Services will not cause harm to the Device.
You must comply with applicable Third-Party Services’ terms and conditions when using the Application. Third-Party Services and links thereto are provided solely as a convenience to You and You access and use them entirely at Your own risk and subject to such Third-Party Services’ terms and conditions.
Term and Termination
====================
This Agreement shall remain in effect until terminated by You or Us. We may, at Our sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.
Termination by Us will be effective upon notice to You, or Our decision to permanently discontinue offering and/or supporting the Application. This Agreement will terminate immediately, without prior notice from Us, in the event that You fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies thereof from Your Device.
Upon termination of this Agreement, the licence granted to you shall immediately terminate, and You shall immediately and permanently cease all use of the Application and delete all copies of the Application from Your Device and destroy any and all copies of the Application that may be in your possession.
Termination of this Agreement will not limit any of Our rights or remedies at law or in equity in case of breach by You (during the term of this Agreement) of any of Your obligations under the present Agreement.
Indemnification
===============
You hereby agree to fully indemnify, defend and hold Us and our officers, employees, agents, partners and licensors (if any) harmless from and against any and all claims or demands, losses, liabilities, damages, and expenses including reasonable attorneys' fees, howsoever incurred or suffered, due to or arising out of Your: (a) use of the Application; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.
No Warranties
=============
The Application and all Updates are provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects, and without warranty of any kind. To the maximum extent permitted under applicable law, We, on Our own behalf and on behalf of Our affiliates and Our and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Application and all Updates, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, We provide no warranty or undertaking, and make no representation of any kind that the Application or any Updates will meet Your requirements, achieve any intended results, be compatible or work with Your Device or any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, and to the fullest extent permitted by the applicable laws, neither We nor any of Our affiliates, licensors or service providers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Application and all Updates, or the information, content, and materials or products included thereon; (ii) that the Application and all Updates will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Application and all Updates; or (iv) that the Application and all Updates, their servers, contents (including any codes), or e-mails sent from or on behalf of Us are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
Your Warranties
======================
You warrant and represent to Us that: (i) You have the full capacity, and are not under any prohibition, to enter into this Agreement or use the Application; (ii) Your use of the Application will not contravene any laws and regulations to which You are or may be subject; and (iii) Your use of the Application will not cause Us to be in breach of any laws and regulations to which We are or may be subject.
Limitation of Liability
=======================
Notwithstanding any damages that You might incur, the entire liability of Us and any of Our affiliates, licensors, service providers or suppliers under any provision of this Agreement (including under any indemnity) and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You for the component of the Application giving rise to the claim, or 100 USD if You haven't purchased anything through the Application.
To the maximum extent permitted by applicable law, in no event shall We or Our affiliates, licensors, service providers or suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Application, third-party software and/or third-party hardware used with the Application, or otherwise in connection with any provision of this Agreement), even if We or any of Our affiliates, licensors, service providers or supplier have been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some jurisdictions do not allow the exclusion or limitation of certain types of damages, so the above limitation or exclusion may not apply to You.
Severability and Waiver
=======================
Severability
------------
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be deemed to have been changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
------
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not affect a party's ability to exercise such right or require such performance at any time thereafter, and no waiver of a prior breach shall constitute a waiver of any subsequent breach.
Changes to this Agreement
=========================
We reserve the right, at Our sole discretion, to revise, modify or otherwise replace this Agreement at any time. If a revision is material We will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at the sole discretion of Us.
By continuing to access or use the Application after any revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, You are no longer authorized to use the Application and shall delete the Application immediately.
Governing Law
=============
The laws of Malaysia, including its conflicts of law rules, shall govern this Agreement and Your use of the Application. You agree that in case of any dispute concerning this Agreement, such dispute shall be subject to the exclusive jurisdiction of the courts of Malaysia.
Entire Agreement
================
The Agreement constitutes the entire agreement between You and Us regarding Your use of the Application and supersedes all prior and contemporaneous written or oral agreements between You and Us.
You may be subject to additional terms and conditions that apply when You use or purchase other of Our services, which We will provide to You at the time of such use or purchase.
Contact Us
==========
If You have any questions about this Agreement, You can contact Us:
* By email: tales_of_raetrethra@outlook.com.