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SANITY CITY
END USER LICENSE AGREEMENT (EULA)

Last updated: August 5th, 2024

HEALTH WARNING
Sanity City is work in progress. There will be bugs and things will not work as intended. Play at your own risk! If you experience symptoms like dizziness, altered vision, loss of awareness, eye or muscle twitches, disorientation, any involuntary movement, or convulsions - IMMEDIATELY stop playing and consult your physician before playing again.

YOU SHOULD CAREFULLY READ THE FOLLOWING END USER LICENSE AGREEMENT BEFORE INSTALLING THIS SOFTWARE PROGRAM. THIS AGREEMENT DESCRIBES THE TERMS ON WHICH CYKYRIA - VIRTUAL REALITY, OWNER BENEDIKT ENGELHARD ("CYKYRIA") OFFERS YOU ACCESS ("ACCESS") TO PLAY THE SANITY CITY COMPUTER GAME ("GAME") BY ACCEPTING THE TERMS AND CONDITIONS BELOW. IF YOU DECLINE OUR OFFER, YOU MUST NOT USE THIS SOFTWARE, YOU MUST DELETE THE SOFTWARE AND ALL RELATED FILES FROM YOUR COMPUTER, RETURN THE GAME SOFTWARE AND ALL RELATED MATERIAL TO THE PLACE OF PURCHASE FOR A FULL REFUND OR EXCHANGE BASED ON THE RETURN POLICY OF THE SPECIFIC RETAILER. YOU CONSENT TO ENTERING INTO THESE TERMS ELECTRONICALLY, AND TO STORAGE OF RECORDS RELATED TO THESE TERMS IN ELECTRONIC FORM.

If you have any questions regarding these terms and conditions, please contact customer service at e-mail support@sanity-city.com.

Steam and the Steam logo are trademarks and/or registered trademarks of Valve Corporation in the U.S. and/or other countries.

This copy of the game is licensed and not sold. This game is protected by international copyright laws and treaties, as well as international laws and treaties related to other forms of intellectual property. Cykyria or its affiliates, subsidiaries, and suppliers own intellectual property rights in the game. The Licensee's ("you" or "your") license to access, download, use, copy, or change the game is subject to these rights and to all the terms and conditions of this End User License Agreement ("agreement"). For the purpose of this agreement, the term Sanity City includes the access to, the software of the video game itself, all of its components (e.g., the source code, API, web services) and content (e.g. graphical or musical content). This agreement applies to the game and all of its future updates and expansions, unless the expansion is governed by a separate agreement. If an expansion to the game is governed by a separate agreement, you will be explicitly asked to agree to the separate agreement.
Access is granted to you by accepting the terms and conditions and is linked to your Steam (TM) account. Read the ADDENDUM PRIVACY POLICY AND DATA COLLECTION to find out how we store and process data.

If you are a minor (below the legal age of majority in your country), you are not allowed to use the game and YOU MUST DELETE THE SOFTWARE AND ALL RELATED FILES FROM YOUR COMPUTER IMMEDIATELY.

Failure to comply with the conditions set out in this agreement may result in the access being blocked indefinitely.

Grant of License
Subject to the terms of this EULA, Cykyria hereby grants to you a royalty-free, revocable, limited, non-exclusive license during the term of this EULA to access, possess and to use a copy of the game. You are not allowed to make a charge for distributing or giving access to this Software, either for profit or merely to recover media and distribution costs.

Restrictions on Copying
You may not copy any part of the game except to the extent that licensed use inherently demands the creation of a temporary copy stored in computer memory and not permanently affixed on storage medium. You may make one archival copy which must be stored on a medium other than a computer hard drive.
You may not decompile, "reverse-engineer", disassemble, or otherwise attempt to derive the source code for the game.

Restrictions on Alteration
You may not modify the game or create any derivative work of the game or its accompanying documentation. Derivative works include but are not limited to translations. You may not alter any files or libraries in any portion of the game.

Description of Rights and Limitations
Installation and Use: You may install and use the game on a shared computer or concurrently on different computers, and make one backup copy of the game, solely for your personal use.
Reproduction and Distribution:  you may not duplicate or re-distribute copies of the game, without the express written permission from Cykyria. 
1. You may not use the game for any purpose other than personal and non-commercial purposes;
2. You may not use the game for any illegal or unlawful purpose;
3. You may not gather factual content or any other portion of the game product by any automated means, including but not limited to database scraping or screen scraping; by means of artificial intelligence or machine learning; or
4. Reverse engineer, decompile, or disassemble the game, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding the limitation.
5. Commercial use is prohibited. You are not allowed to charge anyone for playing the game. Contact sales@sanity-city.com for commercial licenses for Arcades, Gaming Cafes and similar offerings.
6. You may use screen and audio recordings of the game for monetized streaming on services like Youtube, Twitch and similar. You need to get other users consent if you're recording or streaming their conversations.
7. You may not under any circumstances share, sell or otherwise transfer access to your account.
8. Buying and selling virtual items outside of the mechanics provided by game is prohibited.
9. You are not allowed to create or "mint" any NFT or blockchain tokens with content related to the game. This includes, but is not limited to, screenshots, videos, sounds, texts, internet or website links. Violators agree to immediately transfer all direct and indirect revenue to Cykyria and cease further distribution.
10. You are not allowed to use any parts of the game to create, train or otherwise use with Artificial Intelligence, Machine Learning or similar purposes.
11. Failing to comply with commercial use terms entitles Cykyria retroactively to a revenue share to be determined by the sole discretion of Cykyria. Cykyria will be provided immediately and for free up to date revenue information upon request.
12. You agree that anonymized statistics about your behavior in the game may be collected, evaluated and used for the purpose of improving the game, troubleshooting, detecting cheats and other exploits, monetization and advertising. Details about the data collected can be found in the ADDENDUM PRIVACY POLICY AND DATA COLLECTION.
13. Virtual contents, including virtual contents that have been obtained using prepaid payment instruments, are regarded as goods or services and are not prepaid payment instruments. Virtual currency and virtual items have no “real-world” value but may be exchanged for in-game items. Such items are not purchased by you, but rather are licensed to you under these terms. You do not have any ownership rights in the items obtained. Items may expire. Each item that you obtain using real or virtual currency will be included in your account until the item’s expiration date, termination or expiration of access to the game or these terms, or the services. Price and availability of items are subject to change without notice, consistent with applicable law.

Update and Maintenance
Cykyria is not obliged to provide updates and maintenance.

Support
Cykyria has no obligation to game support, or to continue providing or updating any parts of the game.

Termination
In the event of termination, all licenses provided under this EULA shall immediately terminate, and you agree to discontinue accessing or attempting to access this game.
Accordingly, this EULA may be:
1. Automatically terminated if you fail to comply with any of the terms and conditions under this EULA;
2. Terminated by Cykyria; or
3. Terminated by you.
Either Cykyria or you may terminate this EULA immediately upon written notice to the other party, including but not limited to electronic mail.
Cykyria reserves the right to disable your access to the game for any reason at any time without notice and no right for reimbursement.

Non-Transferability
You do not have the right to temporarily or permanently transfer all rights under this agreement. Accordingly, this EULA is not assignable or transferable by you without the prior written consent of Cykyria; and any attempt to do so shall be void and result in immediate termination.

Severability
No delay or failure to exercise, on the part of either party, any privilege, power or rights under this EULA shall operate as a waiver of any of the terms and provisions of this EULA. Accordingly, no single or partial exercise of any right under this agreement shall preclude further exercise of any other right under this EULA. Suppose any of the outlined provisions of this EULA is deemed to be unenforceable or invalid in whole or in part by a court of competent jurisdiction. In that case, such provision shall be limited to the minimum extent necessary for this EULA to remain in full force and effect and enforceable. The remaining provisions of this agreement shall not be rendered unenforceable or invalid. They shall continue to be enforceable and valid in isolation of the unenforceable and invalid provisions of this EULA.

Warranty and Disclaimer
Cykyria expressly disclaim any warranty for the game. The game and all applicable documentation is provided as-is, without warranty of any kind, whether express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Accordingly, you accept any risk arising out of the use or performance of the game.

Limited Liability
The Licensee agrees that Cykyria shall not be liable to you, or any other related person or entity claiming any loss of profits, income, savings, health or any other consequential, incidental, special, punitive, direct or indirect damage, whether arising in contract, tort, warranty, or otherwise. Even if Cykyria has been advised of the possibility of such damages. These limitations shall necessarily apply regardless of the primary purpose of any limited remedy. Under no circumstances shall Cykyria aggregate liability to you, or any other person or entity claiming through you, exceed the actual monetary amount paid by the Licensee to Cykyria for the software.

Indemnification
You hereby agree to indemnify and hold Cykyria harmless from and against all liabilities, damages, losses or expenses, including but not limited to reasonable attorney or other professional fees in any claim, demand, action or proceeding initiated by any third-party against Cykyria, arising from any of your acts, including without limitation, violating this EULA or any other agreement or any applicable law.

Governing Law and Jurisdiction
This EULA shall be deemed to be construed under the jurisdiction of the courts located in Nuremberg, Germany, without regard to conflicts of laws as regards the provisions thereof. Any legal action relating to this EULA shall be brought exclusively in the courts of Nuremberg, Germany, and all parties consent to the jurisdiction thereof. Furthermore, the prevailing party in any action to enforce this EULA shall be entitled to recover costs and expenses including, without limitation, legal fees. Accordingly, this EULA is made within the exclusive jurisdiction of the city of Nuremberg, Germany, and its jurisdiction shall supersede any other jurisdiction of either party's election.


ADDENDUM PRIVACY POLICY AND DATA COLLECTION

This section describes how Cykyria and its subsidiaries and affiliates (collectively, “Cykyria”) handle and protect the information that we collect through the game and other software products and services that we operate and that link to the game. If you have any questions or concerns about this Privacy Policy or our privacy practices, please contact us by e-mail: privacy@sanity-city.com

1. Definitions
Wherever we talk about personal data („Personal Data“) below, this means information that can identify you as an individual („Personally Identifying Information“) or that can be indirectly connected to you by linking it to personally identifying information. Cykyria processes anonymous data too, aggregated or not, to analyze and produce statistics related to habits and usage patterns of the game. Anonymous data does not allow the identification of the individual which it relates to. Cykyria may share with third parties anonymous data, aggregated or not.

2. Why Cykyria collects and processes data
Cykyria collects and processes personal data for the following reasons:
- where it is necessary to provide access to the game to fulfill this agreement and provide you with a full-featured gaming experience and to improve the gaming experience; especially in context of multiplayer gaming (use of online accessible game servers provided to you by us or by third parties)
- where it is necessary for compliance with legal obligations that we are subjected to
- where it is necessary for the purposes of the legal and legitimate interests of Cykyria or a third party (for example to protect other players of the game), except where such interests are overridden by your prevailing legitimate interests and rights or where you have given consent to it.

These reasons for collecting and processing personal data determine and limit what personal data we collect and how we use it (see section 3), how long we store it (see section 4), who has access to it (see section 5) and what rights and other control mechanisms are available to you as a user (section 6).

3. Types and sources of collected data
3.1 Account data
We will use your Steam (TM) ID („SID“) and a permanent anonymized unique user identifier („ASID“) derived from this SID as permanent identifiers for your account. Where technical necessary, we will temporarily or permanently store your SID and/or ASID on our systems (for example to identify administrative access to servers).
Additionally, multiple Anonymous User Identifiers („AUID“) will be generated and used to identify you on game servers and store information about your character progress, inventory and other game related mechanics.
Character name: you are provided with the option to use your Steam (TM) user name as your character name or you can provide a new name in the game, this name will be stored in server log files and will be publicly visible to other players.
3.2 Advertising related data
We gather anonymized data related to advertising, including when and how long you were exposed to certain ads in the game. With your consent we will link this data to an optional Personal Anonymous Ad Identifier („PAAID“) and if provided by you voluntarily, year of birth and country of residence.
3.3 Other data you submit
Cykyria will collect and process personal data whenever you provide it to us or send it as part of communication, for example when you provide feedback; in chats; in comments; information you provide when you request support; personal data in other content that you post.
3.4 Data required to detect violations
Cykyria collects certain data that is required for detection, investigation and prevention of fraud, cheating and other violations of this agreement and applicable laws. This data is used only for the purposes of detection, investigation, prevention and, where applicable, acting on of such violations. If the data indicates that a violation has occurred, we will store it for the establishment, exercise or defense of legal claims during the applicable statute of limitations or until a legal case related to it has been resolved. Please note that the specific data stored for this purpose may not be disclosed to you if the disclosure will compromise the mechanism through which we detect, investigate and prevent violations.
3.5 Your use of the game
Cykyria collects what is usually referred to as "game statistics". By game statistics we mean information about your preferences in game, progress in the game, playtime, as well as information about the device you are using that is necessary to connect to game servers, device settings and crash data.
3.6 Collection of crash data
In case the game crashes, a crash report and memory dump is generated. You can decide whether you want to send this data to us or not. Sending this data can help us improve the game.

4. Duration of storage of data
Cykyria stores your information only as long as necessary to fulfill the purposes for which the data is collected and processed, or where the applicable law requires for longer storage and retention periods. After that your personal data will be deleted or anonymized, as required by applicable law.
Certain data can not be deleted, especially if related to third party services such as the Steam (TM) Store.
If you request your personal data to be deleted, Cykyria will anonymize or delete your personal data within the legally required period of time. Please not that Cykyria is required to retain certain transactional data by law for up to ten (10) years.

5. Who has access to data
Cykyria does not sell personal data. However we may share or provide access to anonymized and aggregated personal data we collect as necessary for the following purposes:
- providing game servers: to be able to offer a game server for multiplayer gaming, your account data, as listed in section 3, will be shared with the server and in parts with other players on the same server; your IP address will be stored for a certain duration in log files to detect and prevent violations (such as cheating, DDOS attacks, other disruptive behavior) before it gets anonymized.
- advertising related data: we share anonymized aggregated data with advertisement partners
-we may be required to release personal data to comply with court orders, laws and regulations

6. Your rights and controls
Cykyria is bound by the data protection laws of the European Union. To allow you to exercise your data protection rights in a simple way, we provide a dedicated support email address (privacy@sanity-city.com).
As a resident of the EU you have the following rights in relation to your personal data:
Right of Access
You have the right to access your Personal Data that we hold about you, i.e. the right to require free of charge (i) information whether your Personal Data is retained, (ii) access to and/or (iii) duplicates of the Personal Data retained. You can use the right to request your Personal Data by the support email above. If the request affects the rights and freedoms of others or is manifestly unfounded or excessive, we reserve the right to charge a reasonable fee (taking into account the administrative costs of providing the information or communication or taking the action requested) or refuse to act on the request.
Right of Rectification
If your personal data is inaccurate or incomplete, you can request a change by the support email above.
Right of Erasure
You have the right to deletion of personal data concerning you if the reason why we could collect it does not exist anymore or if there is another legal ground for its deletion. Please send your request to the support email above.
Right to Object
You have the right to object the processing of your personal data. In this case we might not be able to provide you with the full gaming experience anymore (especially multiplayer gaming). In this case please send a request to the support email above.
Right to restriction of processing of your Personal Data
You have the right to obtain restriction of processing of your Personal Data under the conditions set out in article 18 of the GDPR.
Right to Personal Data portability
You have the right to receive your personal data in a structured, commonly used and machine-readable format and have the right to transmit those data to another controller under the conditions set out in article 20 of the GDPR. Cykyria makes your Personal Data available in structured HTML format through the support email above.

7. Children
The minimum age to use the game is 18 (21 or older in some jurisdictions, per the legal age of majority in your country). Cykyria will not knowingly collect personal data from children or youth under this age. Cykyria does not acknowledge parental consent. If you are a minor (below the legal age of majority in your country), you are not allowed to use the game and YOU MUST DELETE THE SOFTWARE AND ALL RELATED FILES FROM YOUR COMPUTER.

8. Contact info
Name and address of the person responsible for data protection:
Benedikt Engelhard
Cykyria – Virtual Reality, Inh. Benedikt Engelhard
Sulzbacher Str. 19
90489 Nürnberg
Germany
E-mail: privacy@sanity-city.com