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INTRODUCTION
Please read this End User License Agreement (“EULA”) carefully, as it constitutes a legally binding agreement between you and Stitch Heads B.V. This EULA governs your use of the video game “Superfuse” and related services (“Superfuse”). By downloading and/or using Superfuse, you agree to be bound by the terms and conditions of this EULA. In case you do not agree to the EULA, you are not able to use Superfuse.
PRIVACY
We believe it is important to be transparent about how we process your personal data. For more information we refer to our privacy policy which can be found at www.superfusegame.com/privacy-policy.
1.License granted
1.1 Stitch Heads hereby grants you a personal, revocable, non-exclusive, non-transferable license to:
A. Download a copy of Superfuse; and
B. Use Superfuse for non-commercial purposes (other than described in article 2 of this EULA).
1.2 The license that is granted to you under this EULA is subject to your compliance with all terms and conditions of this EULA. Stitch Heads has the right to suspend and/or terminate your license to Superfuse in case you do not comply with these terms and conditions. Alternatively, Stitch Heads has the right to revert your progress and/or online save file when violating this EULA.
1.3 Stitch Heads has the right to terminate this EULA at any time by observing a notice period of 90 days.
2.Streaming of Superfuse
2.1 In addition to the license granted in article 1 of this EULA, Stitch Heads hereby grants you a personal, revocable, non-exclusive, non-transferable license to publicly display Superfuse on online video streaming websites, including but not limited to youtube.com and twitch.com.
2.2 The license as referred to in article 2.1 is subject to compliance with all terms and conditions of this EULA. In case you publicly display Superfuse on online video streaming websites you guarantee that the content from your stream and/or video will comply with the rules of conduct as referred to in article 4 of this EULA.
2.3 Stitch Heads has the right to terminate the license as referred to in article 2.1 of this EULA at any time.
3. Rules of conduct
3.1 You will comply with the following obligations when using and/or operating Superfuse:
A. You will not copy, modify or create derivative works of Superfuse or any part of it;
B. You will not distribute, transfer, sublicense, lease, lend, rent or otherwise provide access to Superfuse to any third party;
C. You will not reproduce, decompile and/or reverse engineer Superfuse, except if this is authorized by mandatory law;
D. You will not violate any law, rule and/or regulation
3.2 We think it is important that Superfuse is a safe and enjoyable for everyone and the use and/or access to Superfuse for harmful activities is expressly prohibited. Therefore you will comply with the following rules of conduct:
A. You will not share information and/or content that is misleading or untruthful;
B. You will not share information and/or content that is libelous, defamatory, abusive, harassing, threatening, bullying, racist, discriminatory or hateful;
C. You will not share information and/or content that is erotic and/or pornographic;
D. You will not share information and/or content that contains hyperlinks, torrents or similar information that includes and/or refers to material that infringes the rights of third parties;
E. You will not share information and/or content that contains commercial, charitable and/or idealistic communication;
F. You will not share information and/or content that contains viruses, malware, Trojan horses, worms, bots or other software;
G. You will not share information and/or content that contain tools and/or solutions with which Superfuse can be examined and/or used in an improper way;
H. You will not share information and/or content which infringes the rights, reputation of interests of Stitch Heads and/or third parties;
I. You will not share information and/or content which is unlawful;
J. You will not impersonate another person or falsely imply that you are an employee and/or representative of Stitch Heads
K. You will not interfere with or disrupt any server and/or network used to support or provide Superfuse and/or any service provided by Stitch Heads (including any hacking or cracking into Superfuse);
L. You will not interfere with and/or disrupt another player’s use of Superfuse or any service provided by Stitch Heads.
4. Intellectual Property Rights
All intellectual property rights to Superfuse are owned by Stitch Heads. This Agreement does only provide for a license and does not transfer and/or sell any intellectual property rights to Superfuse or to any copy thereof. All rights that are granted to you are expressly mentioned in and are limited by this EULA, which means that no license, permission or right of access shall be implied.
5. Conformity and liability
5.1 Superfuse is provided on an “as is” basis without any warranty of any kind. This means that Stitch Heads does not guarantee that Superfuse is free from bugs and/or defects, works flawlessly and/or is available at all times.
5.2 In no event shall Stitch Heads be liable under or in connection with this EULA for the following losses and/or damages (regardless of the cause thereof):
A. Indirect damages and losses;
B. Incidental damages and losses;
C. Consequential damages and losses;
D. Special damages and losses;
E. Punitive damages and losses;
F. Exemplary damages and losses.
5.3 Notwithstanding the limitation of liability as referred to in article 6.2 of this EULA, the liability on the part of Stitch Heads is limited to the amount that you have paid for (the license to) Superfuse.
6. Updates
6.1 Superfuse is provided on an “as is” basiStitch Heads may, in its absolute and sole discretion, provide updates to Superfuse that you are required to accept and/or install before you are able to use (or continue the use of) Superfuse.
6.2 Any update to Superfuse that Stitch Heads has made available to you is considered to be part of Superfuse and may only be used under the terms and conditions of this EULA.
7. Modification of this EULA
Stitch Heads has the right to unilaterally update and/or change the terms and conditions of this EULA. You will be notified of any updated and/or changed terms and conditions of the EULA via Superfuse. Your continued use of Superfuse after a change of the terms and conditions of this EULA constitutes your acceptance of these terms.
8. Miscellaneous
8.1 You understand and/or agree that you are playing an early access version of Superfuse. This means that not all functionalities are present and that Superfuse might (materially) change over time. As the final version of Superfuse (and its in-game economy) might be different than the early access version, Stitch Heads has the right to make your (online) heroes unavailable in online play.
8.2 This EULA constitutes the entire and exclusive understanding and agreement between Stitch Heads and you regarding Superfuse. This EULA supersedes and replaces any and all prior oral or written understandings or agreements between Stitch Heads and you regarding Superfuse.
8.3 You cannot assign or otherwise transfer this EULA or any right granted or obligation imposed hereunder. Stitch Heads may freely assign or transfer this EULA without restriction.
8.4 If any term of this EULA is held invalid or unenforceable by a court of competent jurisdiction, that term will be deemed not to form part of this EULA but the remainder of this EULA shall remain in full force and effect.
8.5 This Agreement shall be governed by and construed under the laws of the Netherlands.
8.6 Any and all disputes arising from or in connection with this Agreement shall be subjected to the exclusive jurisdiction of the court of Breda, The Netherlands.
If you have any questions about this EULA, please contact Stitch Heads at support@stitchheads.com.
Please read this End User License Agreement (“EULA”) carefully, as it constitutes a legally binding agreement between you and Stitch Heads B.V. This EULA governs your use of the video game “Superfuse” and related services (“Superfuse”). By downloading and/or using Superfuse, you agree to be bound by the terms and conditions of this EULA. In case you do not agree to the EULA, you are not able to use Superfuse.
PRIVACY
We believe it is important to be transparent about how we process your personal data. For more information we refer to our privacy policy which can be found at www.superfusegame.com/privacy-policy.
1.License granted
1.1 Stitch Heads hereby grants you a personal, revocable, non-exclusive, non-transferable license to:
A. Download a copy of Superfuse; and
B. Use Superfuse for non-commercial purposes (other than described in article 2 of this EULA).
1.2 The license that is granted to you under this EULA is subject to your compliance with all terms and conditions of this EULA. Stitch Heads has the right to suspend and/or terminate your license to Superfuse in case you do not comply with these terms and conditions. Alternatively, Stitch Heads has the right to revert your progress and/or online save file when violating this EULA.
1.3 Stitch Heads has the right to terminate this EULA at any time by observing a notice period of 90 days.
2.Streaming of Superfuse
2.1 In addition to the license granted in article 1 of this EULA, Stitch Heads hereby grants you a personal, revocable, non-exclusive, non-transferable license to publicly display Superfuse on online video streaming websites, including but not limited to youtube.com and twitch.com.
2.2 The license as referred to in article 2.1 is subject to compliance with all terms and conditions of this EULA. In case you publicly display Superfuse on online video streaming websites you guarantee that the content from your stream and/or video will comply with the rules of conduct as referred to in article 4 of this EULA.
2.3 Stitch Heads has the right to terminate the license as referred to in article 2.1 of this EULA at any time.
3. Rules of conduct
3.1 You will comply with the following obligations when using and/or operating Superfuse:
A. You will not copy, modify or create derivative works of Superfuse or any part of it;
B. You will not distribute, transfer, sublicense, lease, lend, rent or otherwise provide access to Superfuse to any third party;
C. You will not reproduce, decompile and/or reverse engineer Superfuse, except if this is authorized by mandatory law;
D. You will not violate any law, rule and/or regulation
3.2 We think it is important that Superfuse is a safe and enjoyable for everyone and the use and/or access to Superfuse for harmful activities is expressly prohibited. Therefore you will comply with the following rules of conduct:
A. You will not share information and/or content that is misleading or untruthful;
B. You will not share information and/or content that is libelous, defamatory, abusive, harassing, threatening, bullying, racist, discriminatory or hateful;
C. You will not share information and/or content that is erotic and/or pornographic;
D. You will not share information and/or content that contains hyperlinks, torrents or similar information that includes and/or refers to material that infringes the rights of third parties;
E. You will not share information and/or content that contains commercial, charitable and/or idealistic communication;
F. You will not share information and/or content that contains viruses, malware, Trojan horses, worms, bots or other software;
G. You will not share information and/or content that contain tools and/or solutions with which Superfuse can be examined and/or used in an improper way;
H. You will not share information and/or content which infringes the rights, reputation of interests of Stitch Heads and/or third parties;
I. You will not share information and/or content which is unlawful;
J. You will not impersonate another person or falsely imply that you are an employee and/or representative of Stitch Heads
K. You will not interfere with or disrupt any server and/or network used to support or provide Superfuse and/or any service provided by Stitch Heads (including any hacking or cracking into Superfuse);
L. You will not interfere with and/or disrupt another player’s use of Superfuse or any service provided by Stitch Heads.
4. Intellectual Property Rights
All intellectual property rights to Superfuse are owned by Stitch Heads. This Agreement does only provide for a license and does not transfer and/or sell any intellectual property rights to Superfuse or to any copy thereof. All rights that are granted to you are expressly mentioned in and are limited by this EULA, which means that no license, permission or right of access shall be implied.
5. Conformity and liability
5.1 Superfuse is provided on an “as is” basis without any warranty of any kind. This means that Stitch Heads does not guarantee that Superfuse is free from bugs and/or defects, works flawlessly and/or is available at all times.
5.2 In no event shall Stitch Heads be liable under or in connection with this EULA for the following losses and/or damages (regardless of the cause thereof):
A. Indirect damages and losses;
B. Incidental damages and losses;
C. Consequential damages and losses;
D. Special damages and losses;
E. Punitive damages and losses;
F. Exemplary damages and losses.
5.3 Notwithstanding the limitation of liability as referred to in article 6.2 of this EULA, the liability on the part of Stitch Heads is limited to the amount that you have paid for (the license to) Superfuse.
6. Updates
6.1 Superfuse is provided on an “as is” basiStitch Heads may, in its absolute and sole discretion, provide updates to Superfuse that you are required to accept and/or install before you are able to use (or continue the use of) Superfuse.
6.2 Any update to Superfuse that Stitch Heads has made available to you is considered to be part of Superfuse and may only be used under the terms and conditions of this EULA.
7. Modification of this EULA
Stitch Heads has the right to unilaterally update and/or change the terms and conditions of this EULA. You will be notified of any updated and/or changed terms and conditions of the EULA via Superfuse. Your continued use of Superfuse after a change of the terms and conditions of this EULA constitutes your acceptance of these terms.
8. Miscellaneous
8.1 You understand and/or agree that you are playing an early access version of Superfuse. This means that not all functionalities are present and that Superfuse might (materially) change over time. As the final version of Superfuse (and its in-game economy) might be different than the early access version, Stitch Heads has the right to make your (online) heroes unavailable in online play.
8.2 This EULA constitutes the entire and exclusive understanding and agreement between Stitch Heads and you regarding Superfuse. This EULA supersedes and replaces any and all prior oral or written understandings or agreements between Stitch Heads and you regarding Superfuse.
8.3 You cannot assign or otherwise transfer this EULA or any right granted or obligation imposed hereunder. Stitch Heads may freely assign or transfer this EULA without restriction.
8.4 If any term of this EULA is held invalid or unenforceable by a court of competent jurisdiction, that term will be deemed not to form part of this EULA but the remainder of this EULA shall remain in full force and effect.
8.5 This Agreement shall be governed by and construed under the laws of the Netherlands.
8.6 Any and all disputes arising from or in connection with this Agreement shall be subjected to the exclusive jurisdiction of the court of Breda, The Netherlands.
If you have any questions about this EULA, please contact Stitch Heads at support@stitchheads.com.