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END USER LICENSE AGREEMENT
Last updated: September, 14th 2021
Introduction
Before installing the Game, please carefully read this End User Software License Agreement (“EULA”, “Agreement”). The EULA is a Legal Agreement between You and the Administration that lays out the terms and conditions for using the Game. You agree to the conditions of this EULA by using the Game.
We make the Game available through the Steam platform (hereinafter referred to as “Steam”). To download the game via Steam, you'll need a Steam account. The Steam Subscriber Agreement, which you can find here, governs your use of Steam. The Steam Subscriber Agreement may change at any time, and if it does, the Steam Subscriber Agreement will take precedence over this Agreement in the event of a conflict.
This Agreement will be permanently accessible via the https://store.steampowered.com/eula/1727980_eula_0.
Please do not play Our Games if you do not agree with any of the conditions listed below. Individuals who wish to gain access to the Game are referred to as Users of the Game once they accept the Agreement. This Agreement gives them rights and requires them to fulfill obligations.
Terms and Definitions
“Administration” - an individual Marchevskyi Stanislav (hereinafter “Administration”, “We”, “Our”).
“Game” - is a computer software “FutuRACEtic”, which was developed by the Administration and posted on the Steam platform (also referred to as “Service”).
“End User” – an individual who has reached the age of 18 (eighteen) years, passed the registration procedure on the Steam platform, downloaded the Game and entered into this Agreement with the Administration by continuing using the software (hereinafter “User”, “You”).
“License” – is a right to use the Game within limits and on conditions, specified in this Agreement.
“User’s Personal Data” - is User’s data, collected and accumulated in the Game during the validity period of License agreement (hereinafter “Personal Data”).
“Intellectual Property” – means any results of creation, work, invention, method, research, process, result of intellectual activity, in each case protected by intellectual property law or analogous law anywhere in the world (including software, any and all game design, characters, images, graphics, photographs, illustration, scenario, texts art, art work, clip art, text, fonts, music, sounds, voices or other sensory content, game prototypes, database etc.), and any object, sample, incorporation or embodiment of any of the Intellectual Property Rights, irrespective of the form or media, as well as any documentation and records relating thereto.
Subject of the Agreement
3.1. The Administration grants the User a free-based nonexclusive license to use the Game for personal and non-commercial purposes in the following ways under the terms of the Agreement:
install and use 1 (one) copy of the Game onto a single hard drive under Your custody for Your own domestic use;
transfer the Game from one hard drive to another, as long as the Game is only used on one hard drive at a time and the hard drive is in Your possession and used solely for domestic purposes.
3.2. Downloading Game from Steam and installing Game on the hard drive of the User's computer provides the technical capability of rights execution specified in p.3.1 of the Agreement.
3.3. To the fullest extent permitted by law, the Administration reserves all rights not expressly granted. Your rights to use the Game under the Agreement are strictly conditional on Your compliance with the terms and conditions of Agreement.
3.4. The Administration retains ownership of the Game, its components and elements.
Payments
4.1. Downloading and installing the Game from the Steam platform is free of charge.
4.2. The Game does not contain additional services for which You need to make an additional payment.
Terms of license validity
5.1. The license is granted by gaining access to the Game after downloading and installing the Game at the Steam platform.
5.2. In order to avoid disagreement, the Parties recognize that the license for using the Game shall be deemed provided at the time specified in p.5.1 of the Agreement.
5.3. The User may terminate it at any time by destroying the Game with all copies from his device, full or partial, and removing all of its component parts from his own device. The Administration may terminate this Agreement in the following cases:
due to violation by the User of restrictions and obligations specified by this Agreement;
otherwise, specified by the Agreement.
All licenses granted herein shall immediately terminate upon such termination, and the User shall immediately and permanently destroy all copies of the Game in the User's possession and control, as well as remove the Game from the hard drive. The term of this Agreement runs concurrently with the period during which the User lawfully uses and retains the Game.
5.4. Non-use of the rights granted to the User under the license is not a basis for termination of this Agreement by any of the Parties and is not subject to refund license cost (if any) to the User.
Restrictions
Playing the Games, the User is not entitled to:
Make changes, create any derivative products, composite works based on Game and/or their elements without the permission of the Administration;
Take harmful towards the Game actions, including attempts to hack or mis-obtain data, transferred to and/or from the server;
Disclose information about other Users who have become known in connection with playing the Game;
Limit access to the Service or prevent other Users from using the Services;
Make any Commercial use of the Game;
Distribute the Game, including but not limited to renting, sub-licensing, and loaning;
Use the Game on more than one personal device at the same time;
Reverse engineer, derive source code, modify, decompile, disassemble, or create derivative works based the Game;
Remove, disable or circumvent any security protections or any technical measures that control access to the Game;
Remove, modify, deface or circumvent any proprietary notices or labels contained on or within the Game;
Collect Game’s content or information, or otherwise access the Games, using automated means (such as harvesting bots, robots);
Upload viruses or other malicious code;
Do anything that could disable, overburden, or impair the proper working of Games;
Export or re-export the Game; or create data or executable programs that mimic data or functionality in the Game.
ADMINISTRATION IS NOT OBLIGED TO PROVIDE EVIDENCE CONFIRMING APPLICATION OF SANCTIONS PROVIDED BY THE AGREEMENT AND/OR ITS CERTAIN APPLICATIONS, IF A USER BREACHES THE CONDITIONS OF THIS AGREEMENT.
7. System requirements
7.1. Minimum and recommended requirements to hardware and software required for the Game at the following link: https://store.steampowered.com/app/1727980/FutuRACEtic_Demo .
8. Collection, storage and use of User’s personal data
8.1. The Administration does not collect any of Your Personal Data or cookie information. Third parties, such as Our partners, may collect and/or store some of Your Personal Data in order to make the Game more enjoyable to use. For example, in order to develop the Game, We use Unreal Engine tools. Here's how Epic Games Inc. can process Your Personal Data.
9. Intellectual Property Rights
9.1. Our Game is an object of Intellectual Property and belong to the Administration, and is also subject to protection in accordance with the legislation of Ukraine, international treaties, and Conventions ratified by Ukraine, Copyright Act of 1976, Bern Convention on Protection of Works of Literature and Art (Paris Act as of 24.07.1971, as amended and restated on 02.10.1979), Universal Copyright Convention 1952 as well as other international regulations. Any copying of information, text, images, other data, trademarks and logos, elements of the Game will be perceived as a violation of the copyright of the Administration and may serve as a reason for legal proceedings, bringing the violator to justice, in accordance with the legislation of Ukraine and applicable international laws.
9.2. Our trademarks, commercial names, logos, designs, and phrases that We use in connection with Games, ways and methods of their use, may not be used without the express written prior permission of the Administration.
9.3. You hereby expressly agree not to extract information, reverse engineer, disassemble, decompile, or translate the Game, or otherwise attempt to derive the source code of the Game, except to the extent allowed under any applicable laws or allowed by the rule of the Game.
9.4. The User undertakes not to infringe in any way the intellectual property rights held by the Administration.
10. Warranty / Limited Warranty
10.1. No warranty: You understand and accept that use of the Game is entirely at Your own risk, and that You bear the whole risk of satisfactory quality, performance, accuracy, and effort. The product and any services performed or provided by the product are provided “as is” and “as available” to the maximum extent permitted by applicable law, with all faults and without warranty of any kind, and the Administration hereby disclaims all warranties and conditions with respect to the product and any services, either express, implied, or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and of noninfringement of Third Party rights. Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusion and limitations may not apply to You.
10.2. THE ADMINISTRATION DOES NOT WARRANT THAT THE GAME IS ERROR-FREE (ESPECIALLY IN CASES OF PROVIDING A DEMO VERSION OF THE GAME TO USERS) OR THAT IT WILL OPERATE WITHOUT INTERRUPTION, NOR THAT IN INTERACTIVE WILL REPAIR ANY ERRORS IN THE GAME. THE ADMINISTRATION FURTHER DO NOT WARRANT THAT THE GAME WILL OPERATE ON ALL TYPES OF DEVICES. REFER TO THE MANUAL FOR MINIMUM TECHNICAL SPECIFICATIONS (CL. 7) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: (I) THE ADMINISTRATION SHALL NOT BE RESPONSIBLE FOR ANY DAMAGES OF ANY KIND. (INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, OR ANY PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE GAME, EVEN IF THE ADMINISTRATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE ENTIRE RISK OF USE (A) ANY DAMAGE TO YOUR DEVICE, DATA, OR SOFTWARE, OR (B) AS A RESULT OF THE FAILURE TO ADHERE TO ANY PRECAUTIONS FOR USE RESIDES WITH YOU; (II) IN ANY EVENT, THE ADMINISTRATION'S MAXIMUM AGGREGATE LIABILITY UNDER OR IN RELATION TO THE EULA OR THE USE OR ATTEMPTED USE OF THE GAME SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID FOR THE GAME (IF ANY).
10.3. You understand that the Game may be updated or patched at any time and in doing so no obligation to provide such updates or patches to you pursuant to the EULA or otherwise shall arise.
10.4. You hereby agree to indemnify, defend and hold harmless the Administration and its affiliates and their employees, licensees (excluding You), sublicensees (excluding You), successors and assigns from and against any and all liability, costs, losses, damages, and expenses (including reasonable attorneys’ fees and expenses) arising out of any claim, suit, or cause of action relating to and/or arising from (a) Your breach of any term of this EULA; (b) Your violation of any rights of any third party; or (c) Your use or misuse of the Game. Your indemnification obligations set forth in the immediately preceding sentence shall survive the termination of this EULA.
11. Force Majeure
11.1. The Administration and Steam will not be liable for any delays, failures in performance, or interruptions of the Game that are caused directly or indirectly by any cause or condition beyond Our reasonable control, such as interruptions in telecommunications or Internet services or network provider services, equipment and/or software failure, virus attack, or any other occurrence beyond reasonable control.
12. Governing Law
12.1. This EULA will be governed by and constructed in accordance with the laws of Ukraine and applicable international laws.
13. Dispute Resolutions
13.1. To expedite resolution and control the cost of any dispute, controversy or claim related to this EULA, You and the Administration agree to first attempt to negotiate any dispute informally for at least 30 (thirty) days before initiating any arbitration or court proceeding. Informal negotiations begin when one Party sends the other a written notice.
13.2. If the Parties fail to settle disputes by negotiations, all disputes, disagreements or claims regarding any issues arising from or related to this Agreement, including conclusion, interpretation, execution, violation, termination or invalidity, are subject to decision in the International Commercial Arbitration Court at the Chamber of Commerce and Industry of Ukraine in accordance with its Rules. The law that regulates this Agreement is the substantive law of Ukraine. The Arbitral tribunal shall consist of a sole arbitrator. Venue of the Arbitration Court Kyiv. The language of the arbitration proceedings is English.
14. Final provisions
14.1. The Agreement shall be deemed accepted by the User and comes into effect from the moment of license payment (if applicable) or starting downloading.
10.2. The Administration has the right to make alterations to the Agreement unilaterally. The User is obliged to independently familiarize with the current version of the Agreement posted on the corresponding page on Steam: https://store.steampowered.com/eula/1727980_eula_0
15. Contuct Us
If You have any comments, concerns, or questions about this Agreement, please contact Us via bluramount@yahoo.com
Last updated: September, 14th 2021
Introduction
Before installing the Game, please carefully read this End User Software License Agreement (“EULA”, “Agreement”). The EULA is a Legal Agreement between You and the Administration that lays out the terms and conditions for using the Game. You agree to the conditions of this EULA by using the Game.
We make the Game available through the Steam platform (hereinafter referred to as “Steam”). To download the game via Steam, you'll need a Steam account. The Steam Subscriber Agreement, which you can find here, governs your use of Steam. The Steam Subscriber Agreement may change at any time, and if it does, the Steam Subscriber Agreement will take precedence over this Agreement in the event of a conflict.
This Agreement will be permanently accessible via the https://store.steampowered.com/eula/1727980_eula_0.
Please do not play Our Games if you do not agree with any of the conditions listed below. Individuals who wish to gain access to the Game are referred to as Users of the Game once they accept the Agreement. This Agreement gives them rights and requires them to fulfill obligations.
Terms and Definitions
“Administration” - an individual Marchevskyi Stanislav (hereinafter “Administration”, “We”, “Our”).
“Game” - is a computer software “FutuRACEtic”, which was developed by the Administration and posted on the Steam platform (also referred to as “Service”).
“End User” – an individual who has reached the age of 18 (eighteen) years, passed the registration procedure on the Steam platform, downloaded the Game and entered into this Agreement with the Administration by continuing using the software (hereinafter “User”, “You”).
“License” – is a right to use the Game within limits and on conditions, specified in this Agreement.
“User’s Personal Data” - is User’s data, collected and accumulated in the Game during the validity period of License agreement (hereinafter “Personal Data”).
“Intellectual Property” – means any results of creation, work, invention, method, research, process, result of intellectual activity, in each case protected by intellectual property law or analogous law anywhere in the world (including software, any and all game design, characters, images, graphics, photographs, illustration, scenario, texts art, art work, clip art, text, fonts, music, sounds, voices or other sensory content, game prototypes, database etc.), and any object, sample, incorporation or embodiment of any of the Intellectual Property Rights, irrespective of the form or media, as well as any documentation and records relating thereto.
Subject of the Agreement
3.1. The Administration grants the User a free-based nonexclusive license to use the Game for personal and non-commercial purposes in the following ways under the terms of the Agreement:
install and use 1 (one) copy of the Game onto a single hard drive under Your custody for Your own domestic use;
transfer the Game from one hard drive to another, as long as the Game is only used on one hard drive at a time and the hard drive is in Your possession and used solely for domestic purposes.
3.2. Downloading Game from Steam and installing Game on the hard drive of the User's computer provides the technical capability of rights execution specified in p.3.1 of the Agreement.
3.3. To the fullest extent permitted by law, the Administration reserves all rights not expressly granted. Your rights to use the Game under the Agreement are strictly conditional on Your compliance with the terms and conditions of Agreement.
3.4. The Administration retains ownership of the Game, its components and elements.
Payments
4.1. Downloading and installing the Game from the Steam platform is free of charge.
4.2. The Game does not contain additional services for which You need to make an additional payment.
Terms of license validity
5.1. The license is granted by gaining access to the Game after downloading and installing the Game at the Steam platform.
5.2. In order to avoid disagreement, the Parties recognize that the license for using the Game shall be deemed provided at the time specified in p.5.1 of the Agreement.
5.3. The User may terminate it at any time by destroying the Game with all copies from his device, full or partial, and removing all of its component parts from his own device. The Administration may terminate this Agreement in the following cases:
due to violation by the User of restrictions and obligations specified by this Agreement;
otherwise, specified by the Agreement.
All licenses granted herein shall immediately terminate upon such termination, and the User shall immediately and permanently destroy all copies of the Game in the User's possession and control, as well as remove the Game from the hard drive. The term of this Agreement runs concurrently with the period during which the User lawfully uses and retains the Game.
5.4. Non-use of the rights granted to the User under the license is not a basis for termination of this Agreement by any of the Parties and is not subject to refund license cost (if any) to the User.
Restrictions
Playing the Games, the User is not entitled to:
Make changes, create any derivative products, composite works based on Game and/or their elements without the permission of the Administration;
Take harmful towards the Game actions, including attempts to hack or mis-obtain data, transferred to and/or from the server;
Disclose information about other Users who have become known in connection with playing the Game;
Limit access to the Service or prevent other Users from using the Services;
Make any Commercial use of the Game;
Distribute the Game, including but not limited to renting, sub-licensing, and loaning;
Use the Game on more than one personal device at the same time;
Reverse engineer, derive source code, modify, decompile, disassemble, or create derivative works based the Game;
Remove, disable or circumvent any security protections or any technical measures that control access to the Game;
Remove, modify, deface or circumvent any proprietary notices or labels contained on or within the Game;
Collect Game’s content or information, or otherwise access the Games, using automated means (such as harvesting bots, robots);
Upload viruses or other malicious code;
Do anything that could disable, overburden, or impair the proper working of Games;
Export or re-export the Game; or create data or executable programs that mimic data or functionality in the Game.
ADMINISTRATION IS NOT OBLIGED TO PROVIDE EVIDENCE CONFIRMING APPLICATION OF SANCTIONS PROVIDED BY THE AGREEMENT AND/OR ITS CERTAIN APPLICATIONS, IF A USER BREACHES THE CONDITIONS OF THIS AGREEMENT.
7. System requirements
7.1. Minimum and recommended requirements to hardware and software required for the Game at the following link: https://store.steampowered.com/app/1727980/FutuRACEtic_Demo .
8. Collection, storage and use of User’s personal data
8.1. The Administration does not collect any of Your Personal Data or cookie information. Third parties, such as Our partners, may collect and/or store some of Your Personal Data in order to make the Game more enjoyable to use. For example, in order to develop the Game, We use Unreal Engine tools. Here's how Epic Games Inc. can process Your Personal Data.
9. Intellectual Property Rights
9.1. Our Game is an object of Intellectual Property and belong to the Administration, and is also subject to protection in accordance with the legislation of Ukraine, international treaties, and Conventions ratified by Ukraine, Copyright Act of 1976, Bern Convention on Protection of Works of Literature and Art (Paris Act as of 24.07.1971, as amended and restated on 02.10.1979), Universal Copyright Convention 1952 as well as other international regulations. Any copying of information, text, images, other data, trademarks and logos, elements of the Game will be perceived as a violation of the copyright of the Administration and may serve as a reason for legal proceedings, bringing the violator to justice, in accordance with the legislation of Ukraine and applicable international laws.
9.2. Our trademarks, commercial names, logos, designs, and phrases that We use in connection with Games, ways and methods of their use, may not be used without the express written prior permission of the Administration.
9.3. You hereby expressly agree not to extract information, reverse engineer, disassemble, decompile, or translate the Game, or otherwise attempt to derive the source code of the Game, except to the extent allowed under any applicable laws or allowed by the rule of the Game.
9.4. The User undertakes not to infringe in any way the intellectual property rights held by the Administration.
10. Warranty / Limited Warranty
10.1. No warranty: You understand and accept that use of the Game is entirely at Your own risk, and that You bear the whole risk of satisfactory quality, performance, accuracy, and effort. The product and any services performed or provided by the product are provided “as is” and “as available” to the maximum extent permitted by applicable law, with all faults and without warranty of any kind, and the Administration hereby disclaims all warranties and conditions with respect to the product and any services, either express, implied, or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and of noninfringement of Third Party rights. Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusion and limitations may not apply to You.
10.2. THE ADMINISTRATION DOES NOT WARRANT THAT THE GAME IS ERROR-FREE (ESPECIALLY IN CASES OF PROVIDING A DEMO VERSION OF THE GAME TO USERS) OR THAT IT WILL OPERATE WITHOUT INTERRUPTION, NOR THAT IN INTERACTIVE WILL REPAIR ANY ERRORS IN THE GAME. THE ADMINISTRATION FURTHER DO NOT WARRANT THAT THE GAME WILL OPERATE ON ALL TYPES OF DEVICES. REFER TO THE MANUAL FOR MINIMUM TECHNICAL SPECIFICATIONS (CL. 7) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: (I) THE ADMINISTRATION SHALL NOT BE RESPONSIBLE FOR ANY DAMAGES OF ANY KIND. (INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, OR ANY PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE GAME, EVEN IF THE ADMINISTRATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE ENTIRE RISK OF USE (A) ANY DAMAGE TO YOUR DEVICE, DATA, OR SOFTWARE, OR (B) AS A RESULT OF THE FAILURE TO ADHERE TO ANY PRECAUTIONS FOR USE RESIDES WITH YOU; (II) IN ANY EVENT, THE ADMINISTRATION'S MAXIMUM AGGREGATE LIABILITY UNDER OR IN RELATION TO THE EULA OR THE USE OR ATTEMPTED USE OF THE GAME SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID FOR THE GAME (IF ANY).
10.3. You understand that the Game may be updated or patched at any time and in doing so no obligation to provide such updates or patches to you pursuant to the EULA or otherwise shall arise.
10.4. You hereby agree to indemnify, defend and hold harmless the Administration and its affiliates and their employees, licensees (excluding You), sublicensees (excluding You), successors and assigns from and against any and all liability, costs, losses, damages, and expenses (including reasonable attorneys’ fees and expenses) arising out of any claim, suit, or cause of action relating to and/or arising from (a) Your breach of any term of this EULA; (b) Your violation of any rights of any third party; or (c) Your use or misuse of the Game. Your indemnification obligations set forth in the immediately preceding sentence shall survive the termination of this EULA.
11. Force Majeure
11.1. The Administration and Steam will not be liable for any delays, failures in performance, or interruptions of the Game that are caused directly or indirectly by any cause or condition beyond Our reasonable control, such as interruptions in telecommunications or Internet services or network provider services, equipment and/or software failure, virus attack, or any other occurrence beyond reasonable control.
12. Governing Law
12.1. This EULA will be governed by and constructed in accordance with the laws of Ukraine and applicable international laws.
13. Dispute Resolutions
13.1. To expedite resolution and control the cost of any dispute, controversy or claim related to this EULA, You and the Administration agree to first attempt to negotiate any dispute informally for at least 30 (thirty) days before initiating any arbitration or court proceeding. Informal negotiations begin when one Party sends the other a written notice.
13.2. If the Parties fail to settle disputes by negotiations, all disputes, disagreements or claims regarding any issues arising from or related to this Agreement, including conclusion, interpretation, execution, violation, termination or invalidity, are subject to decision in the International Commercial Arbitration Court at the Chamber of Commerce and Industry of Ukraine in accordance with its Rules. The law that regulates this Agreement is the substantive law of Ukraine. The Arbitral tribunal shall consist of a sole arbitrator. Venue of the Arbitration Court Kyiv. The language of the arbitration proceedings is English.
14. Final provisions
14.1. The Agreement shall be deemed accepted by the User and comes into effect from the moment of license payment (if applicable) or starting downloading.
10.2. The Administration has the right to make alterations to the Agreement unilaterally. The User is obliged to independently familiarize with the current version of the Agreement posted on the corresponding page on Steam: https://store.steampowered.com/eula/1727980_eula_0
15. Contuct Us
If You have any comments, concerns, or questions about this Agreement, please contact Us via bluramount@yahoo.com