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End User License Agreement
By downloading Traction Control (the “Game”, the “Title”, the “Content”) in either its early access (“Early Access”) or full release (“Full Release”) versions, you agree to follow the terms of the End User License Agreement (the “Agreement”). These terms constitute an agreement between you, the user (the “User”), and Sailboat Studios Inc. (the “Company”, “Sailboat”) of Calgary, Alberta, Canada. If you do not agree with the Agreement, do not use the Game.
1. License
a) By downloading or otherwise accessing the Game through Steam, you are granted a non-exclusive, non-transferable, limited, worldwide and revocable license to use the purchased or downloaded copy of the Game for your personal, non-commercial use. This license is contingent on the terms found in Steam’s Subscription Agreement.
b) Title and ownership in the Game is retained wholly by Sailboat and no term of this Agreement shall be interpreted to assign, transfer or otherwise grant ownership or Intellectual Property (“IP”) rights in the Game.
c) You may not redistribute, transmit, reproduce, publish, license, rewrite, modify, create derivative works from, transfer, sell, decompile, reverse-engineer or disassemble the Game or any component of the Game. Except as expressly provided here, no license, or other right is granted by Sailboat, either directly or by implication, estoppel or otherwise under this Agreement regarding any Game or other IP.
d) The term of your license begins when you download the Game and ends when you dispose of it. This term is further contingent on any subsisting agreements with a subscription service used to access the game, such as Steam.
e) In our sole discretion, we may elect to cancel or terminate your ability to use the Game, or any parts thereof, at any time, without notice to you.
2. Modifications
a) Sailboat may, at its sole discretion, update, modify, revise, or otherwise change the Agreement. Continued use of the Game implies consent to these changes and we encourage Users to review the agreement.
b) Sailboat will make reasonable efforts to inform the User of changes to the Agreement.
3. Warranty
a) Sailboat will make every reasonable effort to ensure the Game is as represented by the Company. Sailboat will perform quality control and assurance and bug fixes, as required by the Steam Distribution Agreement.
b) As an Early Access Title, the Game may contain bugs and missing or incomplete features.
c) The Game may change significantly at Full Release, or at another point in the future and without notice. It may change to such a point where it will become incompatible with certain operating systems or computers.
d) Sailboat cannot guarantee that the software will not inadvertently cause harm, injury or damage to the User. Unless explicitly stated otherwise, the User uses the Game at their own risk.
4. Disclaimer
SAILBOAT MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS GAME OR ITS CONTENTS, WHICH ARE FOR ENTERTAINMENT PURPOSES ONLY AND ARE PROVIDED FOR USE ON AN “AS IS, WHERE IS” BASIS AND “AS AVAILABLE”. TO THE GREATEST EXTENT PERMITTED BY LAW, SAILBOAT DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, OR ARISING BY STATUTE, USAGE, CUSTOM OR OTHERWISE, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, WITH RESPECT TO THIS GAME. IN NO EVENT SHALL SAILBOAT BE LIABLE FOR ANY CLAIM, DAMAGES (WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL, INCLUDING PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA, OR PROFITS, AND BUSINESS INTERRUPTION), OR OTHER LIABILITY WHATSOEVER, WHETHER IN AN ACTION OF CONTRACT, TORT, OR OTHERWISE, ARISING FROM OR OUT OF, OR IN CONNECTION WITH, THE GAME OR ANY DERIVATIVE WORKS THEREOF OR THE USE OF OR OTHER DEALINGS IN SAME, EVEN WHERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SAILBOAT DOES NOT WARRANT THE FUNCTIONS, INFORMATION, OR ANY LINKS CONTAINED IN THE GAME, NOR DOES IT WARRANT THAT THE GAME’S CONTENT WILL MEET YOUR REQUIREMENTS. SAILBOAT DOES NOT WARRANT THAT THIS GAME OR ITS CONTENTS ARE FIT FOR ANY PARTICULAR PURPOSE OR THAT THE OPERATION AND AVAILABILITY OF THIS GAME OR ITS CONTENT WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS GAME OR ANY SERVERS THAT MAKE IT AVAILABLE AND FUNCTIONAL ARE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. SAILBOAT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE GAME IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, AVAILABILITY, FUNCTIONALITY OR OTHERWISE. YOU (AND NOT SAILBOAT) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SAILBOAT SHALL HAVE THE RIGHT FOR ANY REASON, IN ITS SOLE DISCRETION, TO TERMINATE, CHANGE, SUSPEND OR DISCONTINUE, TEMPORARILY OR PERMANENTLY, ANY ASPECT OF THE GAME, INCLUDING BUT NOT LIMITED TO CONTENT AND USER GENERATED CONTENT, FEATURES AND AVAILABILITY, WITHOUT FURTHER NOTICE TO YOU.
5. Distribution Services and Platforms
a) Use of the Game is additionally subject to the Subscriber Agreements, Terms of Service, End User License Agreements, Acceptable Use Policies, Codes of Conduct, Refund Policies and any other legal agreements required by the User to download it from Steam. The User is expected to abide by these additional agreements.
b) In the case of a conflict between Steam’s Terms of Service, Privacy Policy, Subscription Agreement, or other legal agreement between the User and Steam, and this Agreement, Steam’s Agreements shall take priority over this Agreement. For clarity, in the case of a conflict between two agreements the User should follow the more restrictive term and contact Sailboat and Steam for clarity.
6. Refunds
a) Refunds will follow Steam’s Refund Policy. The User should ensure they are familiar with the Refund Policy.
b) The policy can be found at https://store.steampowered.com/steam_refunds.
7. Fair Use and Fair Dealing
a) Sailboat presumes good faith on the part of any User engaging in fair use.
b) Nothing in this section, or the agreement as a whole, should be construed as granting right, title, or interest in the Game or any other Sailboat IP. Users may use the Game on a ‘fair use’ basis which is in compliance with any laws respecting this concept in their home jurisdiction. This may include, but is not limited to research, private study, education, parody, satire, criticism or review, and news reporting.
c) The User must follow all requirements for the type of fair use they are engaging in, such as giving due credit to the creators.
d) The User must not engage in direct commercialization of the core IP of the Game. For example, the User may not sell apparel with Traction Control logos on it.
e) The User may engage in activities with a primary focus on ‘fair use’ that may result in some indirect commercial benefit accruing to the User as a result. For example, receiving advertising revenue from a YouTube video of Traction Control gameplay streams or tutorials.
8. Personal Information and Privacy Policy
a) The Game was built using the Unity Game Engine. We recommend Users review Unity’s Privacy Policy, to understand what data might be collected by Unity, at https://unity3d.com/legal/privacy-policy.
b) Sailboat does not request, require, solicit or encourage any Personal Information from End Users to access or use the Game, as identified by the common usage of the term, or by privacy legislation and regulation subsisting in the European Union (GDPR), Canada, the United States, the State of California, or any other state or subnational entity.
c) Any personal information collected, used or disclosed in connection with the Game, such as resolving technical issues, shall be dealt with in accordance with Sailboat’s Privacy Policy: https://www.sailboatstudios.com/privacy.
d) Where the collection of Personal Information is necessary, Sailboat will use industry best practices to ensure that information is kept secure.
e) Sailboat recommends against Users including or disseminating any Personal Information in any current or future interactive area of the Game. This includes but is not limited to including personal details as parts of usernames, or sharing any personal or financial information with other Users. If Sailboat requires personal information above and beyond what is required to use the Game, the User will be contacted by a representative of the Company.
9. Analytics
a) Sailboat may use analytics tools included in Steam, or third-party tools such as Google Analytics or Unity Analytics, to access anonymized, aggregated data about User behaviour.
b) Data accessed and used in these tools is for improving the Game and User experience, finding bugs, and other quality control and assurance tasks.
c) The data accessed by Sailboat through these tools will be handled in accordance with Sailboat’s Privacy Policy and industry best practices.
d) Inquiries about Personal Information and Privacy can be directed to privacy@sailboatstudios.com.
10. Third Party Libraries
a) The Game uses Third Party Libraries for certain functions. The required legal notices for using such Libraries are reproduced at the following link, in accordance with Sailboat's obligations to provide such notices: https://www.sailboatstudios.com/licenses. These Libraries may be updated from time to time.
11. Harassment, Discrimination, and other Misconduct
a) Users are expected to follow the Code of Conduct, Acceptable Use, or any other legal agreement required by Steam that governs the User’s behaviour while using the Game.
b) Steam’s Online Conduct can be found here: https://store.steampowered.com/online_conduct.
c) Sailboat expressly prohibits any harassment, discrimination or misconduct on any interactive portion of the Game.
d) Sailboat reserves the right to cancel a license at its sole discretion in the case of User misconduct of any type.
e) Sailboat reserves the right to bring legal action against a User for any misconduct or criminal behaviour on any interactive portion of the Game.
12. Severability and Jurisdiction
a) If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This Agreement constitutes the entire agreement between the User and Sailboat relating to the subject matter herein. By using the Game, you agree to be bound by the most recent version of this Agreement.
b) Any action relating to this Agreement between Sailboat and a User must be brought in Calgary, Alberta, Canada and you irrevocably consent to the exclusive jurisdiction of the courts of Alberta, Canada.
c) Any action also involving or naming Valve Corporation must be brought in the jurisdiction specified in the subsisting Subscriber or Distribution Agreement.
By downloading Traction Control (the “Game”, the “Title”, the “Content”) in either its early access (“Early Access”) or full release (“Full Release”) versions, you agree to follow the terms of the End User License Agreement (the “Agreement”). These terms constitute an agreement between you, the user (the “User”), and Sailboat Studios Inc. (the “Company”, “Sailboat”) of Calgary, Alberta, Canada. If you do not agree with the Agreement, do not use the Game.
1. License
a) By downloading or otherwise accessing the Game through Steam, you are granted a non-exclusive, non-transferable, limited, worldwide and revocable license to use the purchased or downloaded copy of the Game for your personal, non-commercial use. This license is contingent on the terms found in Steam’s Subscription Agreement.
b) Title and ownership in the Game is retained wholly by Sailboat and no term of this Agreement shall be interpreted to assign, transfer or otherwise grant ownership or Intellectual Property (“IP”) rights in the Game.
c) You may not redistribute, transmit, reproduce, publish, license, rewrite, modify, create derivative works from, transfer, sell, decompile, reverse-engineer or disassemble the Game or any component of the Game. Except as expressly provided here, no license, or other right is granted by Sailboat, either directly or by implication, estoppel or otherwise under this Agreement regarding any Game or other IP.
d) The term of your license begins when you download the Game and ends when you dispose of it. This term is further contingent on any subsisting agreements with a subscription service used to access the game, such as Steam.
e) In our sole discretion, we may elect to cancel or terminate your ability to use the Game, or any parts thereof, at any time, without notice to you.
2. Modifications
a) Sailboat may, at its sole discretion, update, modify, revise, or otherwise change the Agreement. Continued use of the Game implies consent to these changes and we encourage Users to review the agreement.
b) Sailboat will make reasonable efforts to inform the User of changes to the Agreement.
3. Warranty
a) Sailboat will make every reasonable effort to ensure the Game is as represented by the Company. Sailboat will perform quality control and assurance and bug fixes, as required by the Steam Distribution Agreement.
b) As an Early Access Title, the Game may contain bugs and missing or incomplete features.
c) The Game may change significantly at Full Release, or at another point in the future and without notice. It may change to such a point where it will become incompatible with certain operating systems or computers.
d) Sailboat cannot guarantee that the software will not inadvertently cause harm, injury or damage to the User. Unless explicitly stated otherwise, the User uses the Game at their own risk.
4. Disclaimer
SAILBOAT MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS GAME OR ITS CONTENTS, WHICH ARE FOR ENTERTAINMENT PURPOSES ONLY AND ARE PROVIDED FOR USE ON AN “AS IS, WHERE IS” BASIS AND “AS AVAILABLE”. TO THE GREATEST EXTENT PERMITTED BY LAW, SAILBOAT DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, OR ARISING BY STATUTE, USAGE, CUSTOM OR OTHERWISE, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, WITH RESPECT TO THIS GAME. IN NO EVENT SHALL SAILBOAT BE LIABLE FOR ANY CLAIM, DAMAGES (WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL, INCLUDING PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA, OR PROFITS, AND BUSINESS INTERRUPTION), OR OTHER LIABILITY WHATSOEVER, WHETHER IN AN ACTION OF CONTRACT, TORT, OR OTHERWISE, ARISING FROM OR OUT OF, OR IN CONNECTION WITH, THE GAME OR ANY DERIVATIVE WORKS THEREOF OR THE USE OF OR OTHER DEALINGS IN SAME, EVEN WHERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SAILBOAT DOES NOT WARRANT THE FUNCTIONS, INFORMATION, OR ANY LINKS CONTAINED IN THE GAME, NOR DOES IT WARRANT THAT THE GAME’S CONTENT WILL MEET YOUR REQUIREMENTS. SAILBOAT DOES NOT WARRANT THAT THIS GAME OR ITS CONTENTS ARE FIT FOR ANY PARTICULAR PURPOSE OR THAT THE OPERATION AND AVAILABILITY OF THIS GAME OR ITS CONTENT WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS GAME OR ANY SERVERS THAT MAKE IT AVAILABLE AND FUNCTIONAL ARE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. SAILBOAT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE GAME IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, AVAILABILITY, FUNCTIONALITY OR OTHERWISE. YOU (AND NOT SAILBOAT) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SAILBOAT SHALL HAVE THE RIGHT FOR ANY REASON, IN ITS SOLE DISCRETION, TO TERMINATE, CHANGE, SUSPEND OR DISCONTINUE, TEMPORARILY OR PERMANENTLY, ANY ASPECT OF THE GAME, INCLUDING BUT NOT LIMITED TO CONTENT AND USER GENERATED CONTENT, FEATURES AND AVAILABILITY, WITHOUT FURTHER NOTICE TO YOU.
5. Distribution Services and Platforms
a) Use of the Game is additionally subject to the Subscriber Agreements, Terms of Service, End User License Agreements, Acceptable Use Policies, Codes of Conduct, Refund Policies and any other legal agreements required by the User to download it from Steam. The User is expected to abide by these additional agreements.
b) In the case of a conflict between Steam’s Terms of Service, Privacy Policy, Subscription Agreement, or other legal agreement between the User and Steam, and this Agreement, Steam’s Agreements shall take priority over this Agreement. For clarity, in the case of a conflict between two agreements the User should follow the more restrictive term and contact Sailboat and Steam for clarity.
6. Refunds
a) Refunds will follow Steam’s Refund Policy. The User should ensure they are familiar with the Refund Policy.
b) The policy can be found at https://store.steampowered.com/steam_refunds.
7. Fair Use and Fair Dealing
a) Sailboat presumes good faith on the part of any User engaging in fair use.
b) Nothing in this section, or the agreement as a whole, should be construed as granting right, title, or interest in the Game or any other Sailboat IP. Users may use the Game on a ‘fair use’ basis which is in compliance with any laws respecting this concept in their home jurisdiction. This may include, but is not limited to research, private study, education, parody, satire, criticism or review, and news reporting.
c) The User must follow all requirements for the type of fair use they are engaging in, such as giving due credit to the creators.
d) The User must not engage in direct commercialization of the core IP of the Game. For example, the User may not sell apparel with Traction Control logos on it.
e) The User may engage in activities with a primary focus on ‘fair use’ that may result in some indirect commercial benefit accruing to the User as a result. For example, receiving advertising revenue from a YouTube video of Traction Control gameplay streams or tutorials.
8. Personal Information and Privacy Policy
a) The Game was built using the Unity Game Engine. We recommend Users review Unity’s Privacy Policy, to understand what data might be collected by Unity, at https://unity3d.com/legal/privacy-policy.
b) Sailboat does not request, require, solicit or encourage any Personal Information from End Users to access or use the Game, as identified by the common usage of the term, or by privacy legislation and regulation subsisting in the European Union (GDPR), Canada, the United States, the State of California, or any other state or subnational entity.
c) Any personal information collected, used or disclosed in connection with the Game, such as resolving technical issues, shall be dealt with in accordance with Sailboat’s Privacy Policy: https://www.sailboatstudios.com/privacy.
d) Where the collection of Personal Information is necessary, Sailboat will use industry best practices to ensure that information is kept secure.
e) Sailboat recommends against Users including or disseminating any Personal Information in any current or future interactive area of the Game. This includes but is not limited to including personal details as parts of usernames, or sharing any personal or financial information with other Users. If Sailboat requires personal information above and beyond what is required to use the Game, the User will be contacted by a representative of the Company.
9. Analytics
a) Sailboat may use analytics tools included in Steam, or third-party tools such as Google Analytics or Unity Analytics, to access anonymized, aggregated data about User behaviour.
b) Data accessed and used in these tools is for improving the Game and User experience, finding bugs, and other quality control and assurance tasks.
c) The data accessed by Sailboat through these tools will be handled in accordance with Sailboat’s Privacy Policy and industry best practices.
d) Inquiries about Personal Information and Privacy can be directed to privacy@sailboatstudios.com.
10. Third Party Libraries
a) The Game uses Third Party Libraries for certain functions. The required legal notices for using such Libraries are reproduced at the following link, in accordance with Sailboat's obligations to provide such notices: https://www.sailboatstudios.com/licenses. These Libraries may be updated from time to time.
11. Harassment, Discrimination, and other Misconduct
a) Users are expected to follow the Code of Conduct, Acceptable Use, or any other legal agreement required by Steam that governs the User’s behaviour while using the Game.
b) Steam’s Online Conduct can be found here: https://store.steampowered.com/online_conduct.
c) Sailboat expressly prohibits any harassment, discrimination or misconduct on any interactive portion of the Game.
d) Sailboat reserves the right to cancel a license at its sole discretion in the case of User misconduct of any type.
e) Sailboat reserves the right to bring legal action against a User for any misconduct or criminal behaviour on any interactive portion of the Game.
12. Severability and Jurisdiction
a) If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This Agreement constitutes the entire agreement between the User and Sailboat relating to the subject matter herein. By using the Game, you agree to be bound by the most recent version of this Agreement.
b) Any action relating to this Agreement between Sailboat and a User must be brought in Calgary, Alberta, Canada and you irrevocably consent to the exclusive jurisdiction of the courts of Alberta, Canada.
c) Any action also involving or naming Valve Corporation must be brought in the jurisdiction specified in the subsisting Subscriber or Distribution Agreement.