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End User License Agreement
Please read this EULA carefully, as it sets out the basis upon which we license the Game for use.
By clicking "I AGREE" when you install the Game, you agree to be bound by the provisions of this EULA. If you do not agree to be bound by the provisions of this EULA, you cannot proceed with the installation and use of the Game.
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WARNING: The light patterns in some video games may trigger epileptic seizures or blackouts in a very small number of individuals. If you have an epileptic condition, you should consult a medical professional before playing the Game. If you experience dizziness, muscle twitching, changes to vision, disorientation, seizures, convulsions and/or any involuntary movements while playing the Game, you should immediately stop playing and consult a medical professional.
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1. Definitions
1.1 In this EULA, except to the extent expressly provided otherwise:
"EULA" means this end user license agreement or “Agreement”, including any amendments to this end user license agreement from time to time;
"Licensor" means Questions Factory, the game development company of Questions Factory S.A.S. located at 66 Avenue des Champs-Élysées, 75008, Paris, France;
"User" means the person to whom the Licensor grants a right to use the Game under this EULA in accordance with the preamble to this EULA;
"Game" means the software Bonding Ambivalence, as modified, patched, updated and upgraded from time to time by or with the authorization of the Licensor, including any DLC;
"Distribution Platform" means the digital distribution platform operated by Steam means of which the User lawfully acquired the Game;
"Distribution Platform Terms and Conditions" means the terms and conditions of the Distribution Platform Steam that set out any rights and/or obligations of the User in relation to the Game;
"DLC" means any downloadable or other supplemental content for the Game made available by the Licensor and purchased or otherwise lawfully acquired by the User;
"Documentation" means any documentation for the Game produced by the Licensor and supplied or made available by the Licensor to the User;
"Effective Date" means the date upon which the User accepts the terms of this EULA in accordance with the preamble to this EULA;
"Force Majeure Event" means an event, or a series of related events, that is outside the reasonable control of the party affected (including failures of the internet or any public telecommunications network, hacker attacks, denial of service attacks, virus or other malicious software attacks or infections, power failures, industrial disputes affecting any third party, changes to the law, disasters, epidemics, pandemics, explosions, fires, floods, riots, terrorist attacks and wars);
"Intellectual Property Rights" means all intellectual property rights wherever in the world, whether registrable or unregistrable, registered or unregistered, including any application or right of application for such rights (and these "intellectual property rights" include copyright and related rights, database rights, confidential information, trade secrets, know-how, business names, trade names, trademarks, service marks, passing off rights, unfair competition rights, patents, petty patents, utility models, semi-conductor topography rights and rights in designs);
"Online Services" means the software-based services provided by the Licensor via the internet and designed for use in conjunction with the Game;
"Permitted Hardware" means any desktop, laptop or tablet computer that is owned by and in the physical control of the User and meets the minimum hardware requirements for the Game published by the Licensor from time to time;
"Personal Data" means any information relating to an identified or identifiable individual;
"Support Services" means support in relation to the use of the Game and the identification and resolution of bugs and other errors in the Game;
"Term" means the term of this EULA, commencing in accordance with Clause 2.1 and ending in accordance with Clause 2.2;
"Update" means a hotfix, patch or version update (minor or major) to the Game.
2. Term
2.1 This EULA shall come into force upon the Effective Date.
2.2 This EULA shall continue in force indefinitely, subject to termination in accordance with Clause 15 or any other provision of this EULA.
3. License
3.1 The Licensor hereby grants to the User from the date of supply of the Game to the User until the end of the Term a worldwide, non-exclusive, non-transferable license to:
(a) install a copy of the Game on the Permitted Hardware; and
(b) use a single instance of the Game on the Permitted Hardware,
for the private and domestic purposes of the User and subject to the limitations and exclusions set out and referred to in this Clause 3. This license is granted subject to the payment of any applicable Licensor, Distribution Platform and supplier charges.
3.2 Any license granted to the User under this Clause 3 shall be subject to the following prohibitions:
(a) the User must not sell, resell, rent, lease, loan, license, sub-license, gift, supply, transfer, publish, distribute or redistribute the Game;
(b) the User must not make the Game available for download or access by others;
(c) the User must not commercially exploit the Game or use the Game to provide any service (including using the Game at an internet cafe or computer gaming center);
(d) the User must not modify, alter, edit, adapt or create derivative works of the Game;
(e) the User must not decompile, de-obfuscate or reverse engineer, or attempt to decompile, de-obfuscate or reverse engineer, the Game;
(f) the User must not delete, remove, disable or circumvent any security protection measures or proprietary notices in or associated with the Game; and
(g) the User must not import or export the Game, or otherwise use the Game, in contravention of any applicable laws,
save to the extent expressly permitted by this Agreement or permitted by applicable law on a non-excludable basis. The prohibitions in this Clause 3.2 relating to the Game shall apply equally to the Documentation.
4. Online Services
4.1 The Game is designed to be used in conjunction with the Online Services; User acknowledges that the Game will not function entirely or at all or properly without access to the Online Services.
4.2 The User is responsible for arranging and maintaining an internet connection sufficient for access to the Online Services.
4.3 The User must ensure that its use of the Online Services is not excessive (including with respect to bandwidth, processor utilization and storage) and does not have a material negative effect upon the use of the Online Services by others.
4.4 The provisions of Clause 5 relating to the Game shall apply equally to the Online Services; and, accordingly, references in those provisions to the Game shall be interpreted to include a reference to the Online Services.
5. Acceptable use
5.1 The User must not use the Game in any of the following ways:
(a) in any way that causes or may cause damage to the Game or to any other game, products or services of Questions Factory;
(b) in any way that causes or may cause impairment of the performance, availability or accessibility of the Game or any other game, products or services of Questions Factory;
(c) in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(d) to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(e) to conduct any systematic or automated data collection activities (including scraping, data mining, data extraction and data harvesting); or
(f) by means of any software not authorized by the Licensor.
5.2 The User must not, when using the Game:
(a) harass, antagonize, insult or ridicule any player or group of players;
(b) discriminate against any player on the basis of race, ethnicity, nationality, sex, gender, sexual orientation, religion, age, disability or any legally-protected criteria;
(c) engage in social engineering, including manipulating any player to disclose confidential or personal information;
(d) spam or flood any Game communications channels with any irrelevant, duplicate or low-quality content or messages;
(e) publicly name or otherwise reveal the identity of any other player;
(f) engage in any scamming, fraudulent conduct or deceptive conduct;
(g) abandon or exit the Game by any means other than the Game functionality where such abandonment or exit is liable to negatively affect another player's enjoyment of the Game; or
(h) otherwise take any action that is liable to negatively affect other players' enjoyment of the Game.
5.3 The User must not cheat when playing the Game or otherwise in relation to the Game.
5.4 Without prejudice to Clause 5.3, the User must not:
(a) edit Game software code or Game data held in memory;
(b) take unfair advantage of errors in the Game design or bugs in the Game software code to the detriment of any other player of the Game; or
(c) use any software or software-based services to give any player an unfair advantage in the Game.
5.5 If the User breaches this Clause 5, the Licensor reasonably believes that the User has breached this Clause 5, the Licensor may:
(a) ban or block the User or suspend the User's access to the Game;
(b) edit, alter or amend the in-Game assets of the User; and/or
(c) terminate this Agreement.
5.6 The User must not evade or circumvent, or attempt to evade or circumvent, any ban, block or suspension instituted by the Licensor in relation to the Game.
5.7 The Game includes an in-game voice and/or text communication system for the Game gameplay purposes only. The User must not use these features for anything other than for the Game’s gameplay. The User must not use these features to conduct any activity that would harm other persons or violate any applicable law.
5.7 The User shall not use the Game in connection with any activity that constitutes a criminal offense or a violation of any applicable law or regulation.
6. Privacy
6.1 To ensure the proper functioning of the Game, the Game needs to collect Personal Data about the User. Generally, Questions Factory does not disclose or share the User's Personal Data with any third party in any way. Questions Factory does not collect and transfer Personal Data in relation to the User interaction within the Game.
6.2 The Game uses the Distribution Platform (“Steam”) multiplayer features to work properly, the Game uses the Steam ID, nickname, and contact list information of the User for connection to multiplayer sessions of the Game and for in-game display purposes. Questions Factory does not disclose, save, or share the User’s contact list information to third parties or to other users of the Game, even those with whom the User has logged into a multiplayer session of the Game.
6.3 During a multiplayer session of the Game, only the User's Steam nickname is displayed to the other Bonding Ambivalence players the User plays with.
6.4 During a Game’s multiplayer session, the Game stores basic gameplay information in a saved game file (the “Save”) such as the User’s Steam nickname and ID and the Steam nicknames and IDs of those who logged into the multiplayer game with the User, so that the User can resume those games anytime.
6.5 The Game may, during the course of a multiplayer session, regularly collect and save gameplay variables associated with the in-game interactions of the User for statistical and gameplay information only. This data is only visible to the User and are not transmitted to Questions Factory or to any third parties. This data is also exclusively stored in the Save file.
6.6 The Save file is located on the storage device of the User and is not transmitted to Questions Factory or any third party. The User has a complete in game control over the Save using the Game's saved game manager.
6.7 The Game offers a multiplayer experience that involves communication. These communications, whether text or audio, are never transferred to third parties. These communications features are used in conjunction with players connected with the User during a multiplayer session of the Game as described below:
(a) the Game offers “Voice Chat” functionality, the User can decide whether to enable this feature in the Game. If enabled, the User’s voice is only transferred in real time to other connected users during a multiplayer session (only players who have also enabled this feature are able to hear what the User have transmitted via the Voice Chat). The transferred voice is then automatically destroyed after reception. The Game does not record or store communications in any way;
(b) the Game does not record or store text communications the User have with other players connected in a Game’s multiplayer session with him. Text communications are only displayed as is in the session and are automatically destroyed once the multiplayer session is terminated.
7. Updates
7.1 Questions Factory may during the Term make available Updates to the User but shall have no obligation to do so.
7.2 The User must, if prompted to do so by the Game or by Questions Factory, apply an Update or Updates before using the Game.
7.3 The User agrees that Questions Factory may automatically apply Updates to the Game.
8. Support Services
8.1 Questions Factory may provide Support Services to the User but shall have no obligation to do so.
8.2 Any Support Services shall be provided remotely and by such means as Questions Factory may designate.
8.3 The User acknowledges and agrees that Questions Factory gives no warranties or guarantees in relation to the outcome of the Support Services and, in particular, issues identified through the Support Services may only be resolved through the application of a future Update or, at the discretion of Questions Factory, not at all.
9. Distribution Platforms
9.1 In addition to this Agreement, the Distribution Platform Terms and Conditions may affect the rights, obligations and liabilities of the User in relation to the Game.
9.2 In the event of any conflict between this Agreement and the Distribution Platform Terms and Conditions, the provisions of the latter shall take precedence.
9.3 Those provisions of the Distribution Platform Terms and Conditions that impose obligations and/or liabilities on the User in relation to the Game are hereby incorporated into this Agreement for the benefit of the Licensor, and as such shall be enforceable by the Licensor against the User.
9.4 For the avoidance of doubt, the following matters shall be governed by the provisions of the Distribution Platform Terms and Conditions: the amounts payable by the User in respect of this Agreement; the methods of payment to be used by the User; and any rights of the User to cancel this Agreement and receive any refunds of amounts paid in respect of this Agreement.
9.5 The User acknowledges that the operator of the Distribution Platform has rights under the Distribution Platform Terms and Conditions which may affect the exercise of the User's rights under this Agreement. Subject to Clause 13.1, the Licensor will not be in breach of this Agreement as a result of, and will not be liable to the User in respect of:
(a) any act or omission of the operator; or
(b) any loss or damage arising out of the operator's exercise of its rights under the Distribution Platform Terms and Conditions.
10. Intellectual Property Rights
10.1 Nothing in this Agreement shall constitute an assignment or transfer of any Intellectual Property Rights of Questions Factory.
10.2 Save to the extent expressly provided otherwise in this Agreement, all the Intellectual Property Rights and other rights in:
(a) the Game;
(b) the works and materials comprised in the Game including but not limited to source code, assets, titles, names, characters, storylines, dialogs, locations, art, image, video, graphics, audio, music, text, user interface; and
(c) any other software or services of Questions Factory, are hereby reserved to Questions Factory and its licensors.
10.3 Questions Factory respects the intellectual property of others. If the User believes that his work has been infringed in Bonding Ambivalence, he is invited to send an e-mail to contact@questions-factory.fr.
11. Warranties
11.1 If the Licensor reasonably determines, or any third party alleges, that the use of the Game by the User in accordance with this Agreement infringes any person's Intellectual Property Rights, the Licensor may act reasonably at its own cost and expense:
(a) modify the Game in such a way that it no longer infringes the relevant Intellectual Property Rights; or
(b) procure for the User the right to use the Game in accordance with this Agreement.
11.2 The User warrants to the Licensor that it has the legal right and authority to enter into this Agreement and to perform its obligations under this Agreement.
11.3 All of the parties' warranties and representations in respect of the subject matter of this Agreement are expressly set out in this Agreement. To the maximum extent permitted by applicable law, no other warranties or representations concerning the subject matter of this Agreement will be implied into this Agreement or any related contract.
12. User indemnity
12.1 The User shall indemnify and shall keep indemnified the Licensor against any and all liabilities, damages, losses, costs and expenses (including legal expenses and amounts reasonably paid in settlement of legal claims) suffered or incurred by the Licensor and arising directly or indirectly as a result of:
(a) the use of the Game by the User; and/or
(b) any breach by the User of this Agreement.
13. Disclaimers, limitations, and exclusions of liability
13.1 Nothing in this Agreement will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law,
and, if a party is a consumer, that party's statutory rights will not be excluded or limited by this Agreement, except to the extent permitted by law.
13.2 The limitations and exclusions of liability set out in this Clause 13 and elsewhere in this Agreement:
(a) are subject to Clause 13.1; and
(b) govern all liabilities arising under this Agreement or relating to the subject matter of this Agreement, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this Agreement.
13.3 Questions Factory will not be liable to the User in respect of any losses arising out of a Force Majeure Event.
13.4 Questions Factory will not be liable to the User in respect of any business losses, including loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
13.5 Questions Factory will not be liable to the User in respect of any loss or corruption of any data, database or software.
13.6 Questions Factory will not be liable to the User in respect of any special, indirect or consequential loss or damage.
13.7 The Game includes the Unreal® Engine code and other code, materials, and information (the “Epic Materials”) from Epic Games, Inc. (“Epic”). All Epic Materials are provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind. Questions Factory, Epic, and Epic’s affiliates disclaim all warranties, conditions, common law duties, and representations (express, implied, oral, and written) with respect to the Epic Materials, including without limitation all express, implied, and statutory warranties and conditions of any kind, such as title, non-interference with your enjoyment, authority, non-infringement, merchantability, fitness or suitability for any purpose (whether or not Epic knows or has reason to know of any such purpose), system integration, accuracy or completeness, results, reasonable care, workmanlike effort, lack of negligence, and lack of viruses, whether alleged to arise under law, by reason of custom or usage in the trade, or by course of dealing. Without limiting the generality of the foregoing, Questions Factory, Epic, and Epic’s affiliates make no warranty that (1) any of the Epic Materials will operate properly, including as integrated in the Game, (2) that the Epic Materials will meet your requirements, (3) that the operation of the Epic Materials will be uninterrupted, bug free, or error free in any or all circumstances, (4) that any defects in the Epic Materials can or will be corrected, (5) that the Epic Materials are or will be in compliance with a platform manufacturer’s rules or requirements, or (6) that a platform manufacturer has approved or will approve this Game, or will not revoke approval of this Game for any or no reason. Any warranty against infringement that may be provided in Section 2-312 of the Uniform Commercial Code or in any other comparable statute is expressly disclaimed by Questions Factory and Epic. Questions Factory, Epic, and Epic’s affiliates do not guarantee continuous, error-free, virus-free, or secure operation of or access to the Epic Materials. This paragraph will apply to the maximum extent permitted by applicable law. To the maximum extent permitted by applicable law, neither Questions Factory, Epic, Epic’s licensors, nor its or their affiliates, nor any of Questions Factory’s or Epic’s service providers, shall be liable in any way for loss or damage of any kind resulting from the use or inability to use the Epic Materials or otherwise in connection with this End User License Agreement, including but not limited to loss of goodwill, work stoppage, computer failure, or malfunction, or any and all other commercial damages or losses. In no event will Questions Factory, Epic, Epic’s licensors, nor its or their affiliates, nor any of Questions Factory’s or Epic’s service providers be liable for any loss of profits or any indirect, incidental, consequential, special, punitive, or exemplary damages, or any other damages arising out of or in connection with this Agreement or the Epic Materials, or the delay or inability to use or lack of functionality of the Epic Materials, even in the event of Questions Factory’s, Epic’s, or Epic’s affiliates’ fault, tort (including negligence), strict liability, indemnity, product liability, breach of contract, breach of warranty, or otherwise and even if Questions Factory, Epic or Epic’s affiliates have been advised of the possibility of such damages. These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate compensation. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Questions Factory, Epic, Epic’s licensors, its and their affiliates, and any of Questions Factory’s or Epic’s service providers shall be limited to the full extent permitted by law.
13.8 The User acknowledges that the use of the Game will require computer hardware and software meeting the minimum requirements specified by Questions Factory. The User further acknowledges that, as the Game is updated, those requirements may change and, accordingly, the Game may cease to function on the hardware of the User.
14. Governing law
14.1 This Agreement shall be governed by and construed in accordance with French law.
14.2 Subject to any mandatory requirements of applicable law, the courts of France shall have exclusive jurisdiction to adjudicate any dispute arising under or in connection with this Agreement.
15. Termination
15.1 This Agreement shall immediately and automatically terminate if the User commits any breach of this Agreement.
16. Effects of termination
16.1 Upon the termination of this Agreement, all of the provisions of this Agreement shall cease to have effect, save that the following provisions of this Agreement shall survive and continue to have effect (in accordance with their express terms or otherwise indefinitely): Clauses 1, 9, 12, 13, 16 and 17.
16.2 Except to the extent expressly provided otherwise in this Agreement, the termination of this Agreement shall not affect the accrued rights of either party.
16.3 For the avoidance of doubt, all licenses granted to the User under this Agreement shall terminate upon the termination of this Agreement. Accordingly, the User must immediately cease to use the Game upon the termination of this Agreement.
16.4 Within 2 days following the date of effective termination of this Agreement, the User must irreversibly delete or destroy all copies of the Game in the possession or control of the User.
17. General
17.1 No breach of any provision of this Agreement shall be waived except with the express written consent of the party not in breach.
17.2 If any provision of this Agreement is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions of this Agreement will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the parties, in which case the entirety of the relevant provision will be deemed to be deleted).
17.3 The Licensor may vary this Agreement by giving to the User written notice of the variation or by updating the version of this Agreement through the Distribution Platform. The continued use of the Game by the User following any such variation constitutes the acceptance by the User of that variation. Subject to this, this Agreement may only be varied by a written document signed by or on behalf of each of the parties.
17.4 Subject to Clause 13.1, this Agreement shall constitute the entire agreement between the parties in relation to the subject matter of this Agreement, and shall supersede all previous agreements, arrangements and understandings between the parties in respect of that subject matter.
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Contact Information
QUESTIONS FACTORY S.A.S.
66 Avenue des Champs-Élysées
75008, Paris
FRANCE
We can be reached by e-mail at contact@questions-factory.fr
Please read this EULA carefully, as it sets out the basis upon which we license the Game for use.
By clicking "I AGREE" when you install the Game, you agree to be bound by the provisions of this EULA. If you do not agree to be bound by the provisions of this EULA, you cannot proceed with the installation and use of the Game.
____________
WARNING: The light patterns in some video games may trigger epileptic seizures or blackouts in a very small number of individuals. If you have an epileptic condition, you should consult a medical professional before playing the Game. If you experience dizziness, muscle twitching, changes to vision, disorientation, seizures, convulsions and/or any involuntary movements while playing the Game, you should immediately stop playing and consult a medical professional.
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1. Definitions
1.1 In this EULA, except to the extent expressly provided otherwise:
"EULA" means this end user license agreement or “Agreement”, including any amendments to this end user license agreement from time to time;
"Licensor" means Questions Factory, the game development company of Questions Factory S.A.S. located at 66 Avenue des Champs-Élysées, 75008, Paris, France;
"User" means the person to whom the Licensor grants a right to use the Game under this EULA in accordance with the preamble to this EULA;
"Game" means the software Bonding Ambivalence, as modified, patched, updated and upgraded from time to time by or with the authorization of the Licensor, including any DLC;
"Distribution Platform" means the digital distribution platform operated by Steam means of which the User lawfully acquired the Game;
"Distribution Platform Terms and Conditions" means the terms and conditions of the Distribution Platform Steam that set out any rights and/or obligations of the User in relation to the Game;
"DLC" means any downloadable or other supplemental content for the Game made available by the Licensor and purchased or otherwise lawfully acquired by the User;
"Documentation" means any documentation for the Game produced by the Licensor and supplied or made available by the Licensor to the User;
"Effective Date" means the date upon which the User accepts the terms of this EULA in accordance with the preamble to this EULA;
"Force Majeure Event" means an event, or a series of related events, that is outside the reasonable control of the party affected (including failures of the internet or any public telecommunications network, hacker attacks, denial of service attacks, virus or other malicious software attacks or infections, power failures, industrial disputes affecting any third party, changes to the law, disasters, epidemics, pandemics, explosions, fires, floods, riots, terrorist attacks and wars);
"Intellectual Property Rights" means all intellectual property rights wherever in the world, whether registrable or unregistrable, registered or unregistered, including any application or right of application for such rights (and these "intellectual property rights" include copyright and related rights, database rights, confidential information, trade secrets, know-how, business names, trade names, trademarks, service marks, passing off rights, unfair competition rights, patents, petty patents, utility models, semi-conductor topography rights and rights in designs);
"Online Services" means the software-based services provided by the Licensor via the internet and designed for use in conjunction with the Game;
"Permitted Hardware" means any desktop, laptop or tablet computer that is owned by and in the physical control of the User and meets the minimum hardware requirements for the Game published by the Licensor from time to time;
"Personal Data" means any information relating to an identified or identifiable individual;
"Support Services" means support in relation to the use of the Game and the identification and resolution of bugs and other errors in the Game;
"Term" means the term of this EULA, commencing in accordance with Clause 2.1 and ending in accordance with Clause 2.2;
"Update" means a hotfix, patch or version update (minor or major) to the Game.
2. Term
2.1 This EULA shall come into force upon the Effective Date.
2.2 This EULA shall continue in force indefinitely, subject to termination in accordance with Clause 15 or any other provision of this EULA.
3. License
3.1 The Licensor hereby grants to the User from the date of supply of the Game to the User until the end of the Term a worldwide, non-exclusive, non-transferable license to:
(a) install a copy of the Game on the Permitted Hardware; and
(b) use a single instance of the Game on the Permitted Hardware,
for the private and domestic purposes of the User and subject to the limitations and exclusions set out and referred to in this Clause 3. This license is granted subject to the payment of any applicable Licensor, Distribution Platform and supplier charges.
3.2 Any license granted to the User under this Clause 3 shall be subject to the following prohibitions:
(a) the User must not sell, resell, rent, lease, loan, license, sub-license, gift, supply, transfer, publish, distribute or redistribute the Game;
(b) the User must not make the Game available for download or access by others;
(c) the User must not commercially exploit the Game or use the Game to provide any service (including using the Game at an internet cafe or computer gaming center);
(d) the User must not modify, alter, edit, adapt or create derivative works of the Game;
(e) the User must not decompile, de-obfuscate or reverse engineer, or attempt to decompile, de-obfuscate or reverse engineer, the Game;
(f) the User must not delete, remove, disable or circumvent any security protection measures or proprietary notices in or associated with the Game; and
(g) the User must not import or export the Game, or otherwise use the Game, in contravention of any applicable laws,
save to the extent expressly permitted by this Agreement or permitted by applicable law on a non-excludable basis. The prohibitions in this Clause 3.2 relating to the Game shall apply equally to the Documentation.
4. Online Services
4.1 The Game is designed to be used in conjunction with the Online Services; User acknowledges that the Game will not function entirely or at all or properly without access to the Online Services.
4.2 The User is responsible for arranging and maintaining an internet connection sufficient for access to the Online Services.
4.3 The User must ensure that its use of the Online Services is not excessive (including with respect to bandwidth, processor utilization and storage) and does not have a material negative effect upon the use of the Online Services by others.
4.4 The provisions of Clause 5 relating to the Game shall apply equally to the Online Services; and, accordingly, references in those provisions to the Game shall be interpreted to include a reference to the Online Services.
5. Acceptable use
5.1 The User must not use the Game in any of the following ways:
(a) in any way that causes or may cause damage to the Game or to any other game, products or services of Questions Factory;
(b) in any way that causes or may cause impairment of the performance, availability or accessibility of the Game or any other game, products or services of Questions Factory;
(c) in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(d) to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(e) to conduct any systematic or automated data collection activities (including scraping, data mining, data extraction and data harvesting); or
(f) by means of any software not authorized by the Licensor.
5.2 The User must not, when using the Game:
(a) harass, antagonize, insult or ridicule any player or group of players;
(b) discriminate against any player on the basis of race, ethnicity, nationality, sex, gender, sexual orientation, religion, age, disability or any legally-protected criteria;
(c) engage in social engineering, including manipulating any player to disclose confidential or personal information;
(d) spam or flood any Game communications channels with any irrelevant, duplicate or low-quality content or messages;
(e) publicly name or otherwise reveal the identity of any other player;
(f) engage in any scamming, fraudulent conduct or deceptive conduct;
(g) abandon or exit the Game by any means other than the Game functionality where such abandonment or exit is liable to negatively affect another player's enjoyment of the Game; or
(h) otherwise take any action that is liable to negatively affect other players' enjoyment of the Game.
5.3 The User must not cheat when playing the Game or otherwise in relation to the Game.
5.4 Without prejudice to Clause 5.3, the User must not:
(a) edit Game software code or Game data held in memory;
(b) take unfair advantage of errors in the Game design or bugs in the Game software code to the detriment of any other player of the Game; or
(c) use any software or software-based services to give any player an unfair advantage in the Game.
5.5 If the User breaches this Clause 5, the Licensor reasonably believes that the User has breached this Clause 5, the Licensor may:
(a) ban or block the User or suspend the User's access to the Game;
(b) edit, alter or amend the in-Game assets of the User; and/or
(c) terminate this Agreement.
5.6 The User must not evade or circumvent, or attempt to evade or circumvent, any ban, block or suspension instituted by the Licensor in relation to the Game.
5.7 The Game includes an in-game voice and/or text communication system for the Game gameplay purposes only. The User must not use these features for anything other than for the Game’s gameplay. The User must not use these features to conduct any activity that would harm other persons or violate any applicable law.
5.7 The User shall not use the Game in connection with any activity that constitutes a criminal offense or a violation of any applicable law or regulation.
6. Privacy
6.1 To ensure the proper functioning of the Game, the Game needs to collect Personal Data about the User. Generally, Questions Factory does not disclose or share the User's Personal Data with any third party in any way. Questions Factory does not collect and transfer Personal Data in relation to the User interaction within the Game.
6.2 The Game uses the Distribution Platform (“Steam”) multiplayer features to work properly, the Game uses the Steam ID, nickname, and contact list information of the User for connection to multiplayer sessions of the Game and for in-game display purposes. Questions Factory does not disclose, save, or share the User’s contact list information to third parties or to other users of the Game, even those with whom the User has logged into a multiplayer session of the Game.
6.3 During a multiplayer session of the Game, only the User's Steam nickname is displayed to the other Bonding Ambivalence players the User plays with.
6.4 During a Game’s multiplayer session, the Game stores basic gameplay information in a saved game file (the “Save”) such as the User’s Steam nickname and ID and the Steam nicknames and IDs of those who logged into the multiplayer game with the User, so that the User can resume those games anytime.
6.5 The Game may, during the course of a multiplayer session, regularly collect and save gameplay variables associated with the in-game interactions of the User for statistical and gameplay information only. This data is only visible to the User and are not transmitted to Questions Factory or to any third parties. This data is also exclusively stored in the Save file.
6.6 The Save file is located on the storage device of the User and is not transmitted to Questions Factory or any third party. The User has a complete in game control over the Save using the Game's saved game manager.
6.7 The Game offers a multiplayer experience that involves communication. These communications, whether text or audio, are never transferred to third parties. These communications features are used in conjunction with players connected with the User during a multiplayer session of the Game as described below:
(a) the Game offers “Voice Chat” functionality, the User can decide whether to enable this feature in the Game. If enabled, the User’s voice is only transferred in real time to other connected users during a multiplayer session (only players who have also enabled this feature are able to hear what the User have transmitted via the Voice Chat). The transferred voice is then automatically destroyed after reception. The Game does not record or store communications in any way;
(b) the Game does not record or store text communications the User have with other players connected in a Game’s multiplayer session with him. Text communications are only displayed as is in the session and are automatically destroyed once the multiplayer session is terminated.
7. Updates
7.1 Questions Factory may during the Term make available Updates to the User but shall have no obligation to do so.
7.2 The User must, if prompted to do so by the Game or by Questions Factory, apply an Update or Updates before using the Game.
7.3 The User agrees that Questions Factory may automatically apply Updates to the Game.
8. Support Services
8.1 Questions Factory may provide Support Services to the User but shall have no obligation to do so.
8.2 Any Support Services shall be provided remotely and by such means as Questions Factory may designate.
8.3 The User acknowledges and agrees that Questions Factory gives no warranties or guarantees in relation to the outcome of the Support Services and, in particular, issues identified through the Support Services may only be resolved through the application of a future Update or, at the discretion of Questions Factory, not at all.
9. Distribution Platforms
9.1 In addition to this Agreement, the Distribution Platform Terms and Conditions may affect the rights, obligations and liabilities of the User in relation to the Game.
9.2 In the event of any conflict between this Agreement and the Distribution Platform Terms and Conditions, the provisions of the latter shall take precedence.
9.3 Those provisions of the Distribution Platform Terms and Conditions that impose obligations and/or liabilities on the User in relation to the Game are hereby incorporated into this Agreement for the benefit of the Licensor, and as such shall be enforceable by the Licensor against the User.
9.4 For the avoidance of doubt, the following matters shall be governed by the provisions of the Distribution Platform Terms and Conditions: the amounts payable by the User in respect of this Agreement; the methods of payment to be used by the User; and any rights of the User to cancel this Agreement and receive any refunds of amounts paid in respect of this Agreement.
9.5 The User acknowledges that the operator of the Distribution Platform has rights under the Distribution Platform Terms and Conditions which may affect the exercise of the User's rights under this Agreement. Subject to Clause 13.1, the Licensor will not be in breach of this Agreement as a result of, and will not be liable to the User in respect of:
(a) any act or omission of the operator; or
(b) any loss or damage arising out of the operator's exercise of its rights under the Distribution Platform Terms and Conditions.
10. Intellectual Property Rights
10.1 Nothing in this Agreement shall constitute an assignment or transfer of any Intellectual Property Rights of Questions Factory.
10.2 Save to the extent expressly provided otherwise in this Agreement, all the Intellectual Property Rights and other rights in:
(a) the Game;
(b) the works and materials comprised in the Game including but not limited to source code, assets, titles, names, characters, storylines, dialogs, locations, art, image, video, graphics, audio, music, text, user interface; and
(c) any other software or services of Questions Factory, are hereby reserved to Questions Factory and its licensors.
10.3 Questions Factory respects the intellectual property of others. If the User believes that his work has been infringed in Bonding Ambivalence, he is invited to send an e-mail to contact@questions-factory.fr.
11. Warranties
11.1 If the Licensor reasonably determines, or any third party alleges, that the use of the Game by the User in accordance with this Agreement infringes any person's Intellectual Property Rights, the Licensor may act reasonably at its own cost and expense:
(a) modify the Game in such a way that it no longer infringes the relevant Intellectual Property Rights; or
(b) procure for the User the right to use the Game in accordance with this Agreement.
11.2 The User warrants to the Licensor that it has the legal right and authority to enter into this Agreement and to perform its obligations under this Agreement.
11.3 All of the parties' warranties and representations in respect of the subject matter of this Agreement are expressly set out in this Agreement. To the maximum extent permitted by applicable law, no other warranties or representations concerning the subject matter of this Agreement will be implied into this Agreement or any related contract.
12. User indemnity
12.1 The User shall indemnify and shall keep indemnified the Licensor against any and all liabilities, damages, losses, costs and expenses (including legal expenses and amounts reasonably paid in settlement of legal claims) suffered or incurred by the Licensor and arising directly or indirectly as a result of:
(a) the use of the Game by the User; and/or
(b) any breach by the User of this Agreement.
13. Disclaimers, limitations, and exclusions of liability
13.1 Nothing in this Agreement will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law,
and, if a party is a consumer, that party's statutory rights will not be excluded or limited by this Agreement, except to the extent permitted by law.
13.2 The limitations and exclusions of liability set out in this Clause 13 and elsewhere in this Agreement:
(a) are subject to Clause 13.1; and
(b) govern all liabilities arising under this Agreement or relating to the subject matter of this Agreement, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this Agreement.
13.3 Questions Factory will not be liable to the User in respect of any losses arising out of a Force Majeure Event.
13.4 Questions Factory will not be liable to the User in respect of any business losses, including loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
13.5 Questions Factory will not be liable to the User in respect of any loss or corruption of any data, database or software.
13.6 Questions Factory will not be liable to the User in respect of any special, indirect or consequential loss or damage.
13.7 The Game includes the Unreal® Engine code and other code, materials, and information (the “Epic Materials”) from Epic Games, Inc. (“Epic”). All Epic Materials are provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind. Questions Factory, Epic, and Epic’s affiliates disclaim all warranties, conditions, common law duties, and representations (express, implied, oral, and written) with respect to the Epic Materials, including without limitation all express, implied, and statutory warranties and conditions of any kind, such as title, non-interference with your enjoyment, authority, non-infringement, merchantability, fitness or suitability for any purpose (whether or not Epic knows or has reason to know of any such purpose), system integration, accuracy or completeness, results, reasonable care, workmanlike effort, lack of negligence, and lack of viruses, whether alleged to arise under law, by reason of custom or usage in the trade, or by course of dealing. Without limiting the generality of the foregoing, Questions Factory, Epic, and Epic’s affiliates make no warranty that (1) any of the Epic Materials will operate properly, including as integrated in the Game, (2) that the Epic Materials will meet your requirements, (3) that the operation of the Epic Materials will be uninterrupted, bug free, or error free in any or all circumstances, (4) that any defects in the Epic Materials can or will be corrected, (5) that the Epic Materials are or will be in compliance with a platform manufacturer’s rules or requirements, or (6) that a platform manufacturer has approved or will approve this Game, or will not revoke approval of this Game for any or no reason. Any warranty against infringement that may be provided in Section 2-312 of the Uniform Commercial Code or in any other comparable statute is expressly disclaimed by Questions Factory and Epic. Questions Factory, Epic, and Epic’s affiliates do not guarantee continuous, error-free, virus-free, or secure operation of or access to the Epic Materials. This paragraph will apply to the maximum extent permitted by applicable law. To the maximum extent permitted by applicable law, neither Questions Factory, Epic, Epic’s licensors, nor its or their affiliates, nor any of Questions Factory’s or Epic’s service providers, shall be liable in any way for loss or damage of any kind resulting from the use or inability to use the Epic Materials or otherwise in connection with this End User License Agreement, including but not limited to loss of goodwill, work stoppage, computer failure, or malfunction, or any and all other commercial damages or losses. In no event will Questions Factory, Epic, Epic’s licensors, nor its or their affiliates, nor any of Questions Factory’s or Epic’s service providers be liable for any loss of profits or any indirect, incidental, consequential, special, punitive, or exemplary damages, or any other damages arising out of or in connection with this Agreement or the Epic Materials, or the delay or inability to use or lack of functionality of the Epic Materials, even in the event of Questions Factory’s, Epic’s, or Epic’s affiliates’ fault, tort (including negligence), strict liability, indemnity, product liability, breach of contract, breach of warranty, or otherwise and even if Questions Factory, Epic or Epic’s affiliates have been advised of the possibility of such damages. These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate compensation. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Questions Factory, Epic, Epic’s licensors, its and their affiliates, and any of Questions Factory’s or Epic’s service providers shall be limited to the full extent permitted by law.
13.8 The User acknowledges that the use of the Game will require computer hardware and software meeting the minimum requirements specified by Questions Factory. The User further acknowledges that, as the Game is updated, those requirements may change and, accordingly, the Game may cease to function on the hardware of the User.
14. Governing law
14.1 This Agreement shall be governed by and construed in accordance with French law.
14.2 Subject to any mandatory requirements of applicable law, the courts of France shall have exclusive jurisdiction to adjudicate any dispute arising under or in connection with this Agreement.
15. Termination
15.1 This Agreement shall immediately and automatically terminate if the User commits any breach of this Agreement.
16. Effects of termination
16.1 Upon the termination of this Agreement, all of the provisions of this Agreement shall cease to have effect, save that the following provisions of this Agreement shall survive and continue to have effect (in accordance with their express terms or otherwise indefinitely): Clauses 1, 9, 12, 13, 16 and 17.
16.2 Except to the extent expressly provided otherwise in this Agreement, the termination of this Agreement shall not affect the accrued rights of either party.
16.3 For the avoidance of doubt, all licenses granted to the User under this Agreement shall terminate upon the termination of this Agreement. Accordingly, the User must immediately cease to use the Game upon the termination of this Agreement.
16.4 Within 2 days following the date of effective termination of this Agreement, the User must irreversibly delete or destroy all copies of the Game in the possession or control of the User.
17. General
17.1 No breach of any provision of this Agreement shall be waived except with the express written consent of the party not in breach.
17.2 If any provision of this Agreement is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions of this Agreement will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the parties, in which case the entirety of the relevant provision will be deemed to be deleted).
17.3 The Licensor may vary this Agreement by giving to the User written notice of the variation or by updating the version of this Agreement through the Distribution Platform. The continued use of the Game by the User following any such variation constitutes the acceptance by the User of that variation. Subject to this, this Agreement may only be varied by a written document signed by or on behalf of each of the parties.
17.4 Subject to Clause 13.1, this Agreement shall constitute the entire agreement between the parties in relation to the subject matter of this Agreement, and shall supersede all previous agreements, arrangements and understandings between the parties in respect of that subject matter.
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Contact Information
QUESTIONS FACTORY S.A.S.
66 Avenue des Champs-Élysées
75008, Paris
FRANCE
We can be reached by e-mail at contact@questions-factory.fr