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END-USER LICENSE AGREEMENT AND LIMITED WARRANTY
Kinky Shop's Life Happened (PC)
IMPORTANT - Please read this End User Licence Agreement (“EULA”) carefully before installing this Software Product. By installing, copying, and/or otherwise using the Software Product, you agree to be bound by the terms of this EULA, and we are only prepared to license you to use the Software Product on the terms of this EULA. In addition, before installing this Software Product, please make sure that your computer meets the minimum technical specifications for the proper operation of this Software Product.
PURCHASE OF SOFTWARE PRODUCT BY DOWNLOAD
IF YOU AGREE TO BE BOUND BY THIS EULA, PLEASE CLICK "I ACCEPT" AT THE END OF THIS EULA, AT WHICH POINT THE SOFTWARE PRODUCT WILL BE INSTALLED ONTO YOUR HARD DRIVE. IF YOU DISAGREE TO BE BOUND BY THE TERMS OF THIS EULA, CLICK "NOT ACCEPTED," THE SOFTWARE PRODUCT WILL NOT BE LOADED ONTO YOUR HARD DRIVE, AND NO LICENCE SHALL BE GRANTED TO YOU IN RESPECT OF THE SOFTWARE PRODUCT.
GAME IN ALPHA STATUS
By agreeing to this EULA, you also agree to purchase, download and play a game in its alpha state, which means:
1 - The main story and its effects are yet far from complete;
2 - You may find bugs and unexpected glitches while playing Life Happened, in which case, I'd be forever thankful to you should you decide to report it back to me by email or via discord so I can fix it in the next update release.
3 - Delays in future update releases. I am an indie developer, which means I develop Life happened alone while working IRL to pay the bills and feed the kids, so be patient if the next update takes longer than it should. Nevertheless, I'm doing my best to deliver a good-quality visual novel.
Technical Support:
If you require technical assistance, please join my discord (https://discord.gg/JpdExWR) and give me a heads up. I'll gladly help you with any problems related to the installation and the use of my software. Just let me know beforehand that you're using the steam version of my game.
1. Legal Agreement
This EULA is a legal agreement between you and Kinky Shop - Adult Entertainment that dictates your use of the Software Product. For the purposes of this EULA, references to the Software Product include computer software owned by Kinky Shop - Adult Entertainment or its third party suppliers/licensors and associated media, any printed materials, manuals, any online or other documentation together with to the extent not distributed with a separate license agreement, any updates or patches to the original game software which are provided to you or which you may download from any Kinky Shop - Adult Entertainment web site or other source authorized by Kinky Shop - Adult Entertainment expressly for such purpose, including such software required to access and/or use any online features and functionality which may be associated with such computer game software (subject to any additional terms of use applicable to such online mode). The terms and conditions of this EULA are without prejudice to any terms and conditions governing your use of any third-party proprietary software product, including without limitation any STEAM™ software. Such third party proprietary software may be embodied on the media containing this Software Product or otherwise downloaded within the software package containing the Software Product and may be required to use certain features of this Software Product, which use may be subject to and conditional upon your acceptance and observance of additional third-party end-user license agreements.
Copyright and other intellectual property laws and treaties protect this Software Product. The Software Product is licensed, not sold.
2. Grant of Limited Non-Exclusive Licence
For as long as you comply with the provisions of this EULA, Kinky Shop - Adult Entertainment grants you the non-exclusive, limited right and license to:
(a) install one (1) copy of the Software Product and use it on a single hard drive that is under your custody and control and which meets the specifications referred to in the manual for your own private and domestic use only;
(b) transfer the Software Product from one hard drive to another, PROVIDED it is used on only one (1) hard drive at any one time, and any hard drive on which it is used is under your custody and control at the time of use;
(c) transfer the Software Product (complete with all components and documentation) and the benefit of this EULA to another person, PROVIDED such person has agreed to accept the terms of this EULA, and you contemporaneously transfer any permitted copies of the Software Product you may have made to that person or destroy all copies of the Software Product not transferred. If any transferee does not accept such terms, this EULA shall automatically terminate. Upon such transfer, you undertake to delete this Software Product from your hard drive, and the license granted to you under this EULA shall automatically and immediately terminate.
To the maximum extent permitted by law, all rights not expressly granted hereunder are reserved to Kinky Shop - Adult Entertainment and its licensors. Your rights of use under this EULA are strictly conditional upon your observance of the terms and conditions contained in this EULA.
In some cases, your rights to use the Software Product may be subject to a limitation on the number of activations or registrations of the Software Product as advised at the time of sale or on the packaging for the Software Product. In such a case, your ability to transfer the Software Product in the manner permitted in paragraphs 2.1(b) and (c) above may not be possible where the maximum number of activations of the Software Product has been reached.
3. Restrictions
You are not permitted:
(a) to make any commercial use or exploitation of the Software Product in any manner whatsoever;
(b) install or use the Software Product on a network server, multi-user arrangement, or remote access arrangement for the purposes of distribution to one (1) or more another computer(s) on that network or to effect such distribution or otherwise make a copy of the Software Product available in any manner or via any media where multiple users could use it;
(c) without a separate, additional license from Kinky Shop - Adult Entertainment to use the Software Product or permit the use of the Software Product on more than one personal CPU, game console, handheld device, “smartphone,” or PDA at the same time;
(d) except as expressly permitted by this EULA and save and to the extent in the circumstances expressly permitted by applicable law, to rent, lease, sub-license, loan, exploit for profit or gain, copy, modify, adapt, merge, translate, use, reproduce, distribute, broadcast, publicly perform, store in a retrieval system or otherwise deal in the Software Product or any part thereof in any way;
(e) except as the applicable law expressly permits, to reverse engineer, derive source code, modify, decompile, disassemble, or create derivative works based on the whole or any part of the Software Product, in whole or in part, Where applicable law expressly permits any such acts, and any lawful modifications, adaptations, and improvements and all copyrights therein shall be deemed assigned to and shall belong to, vest in and be the exclusive property of Kinky Shop - Adult Entertainment and/or its licensors on creation to the maximum extent permitted by law and you hereby waive all or any moral rights in such creations;
(f) remove, disable or circumvent any security protections or any technical measures that control access to the Software Product and/or are designed to prevent or inhibit the infringement of any copyright or other intellectual property right in the Software Product;
(g) remove, modify, deface or circumvent any proprietary notices or labels contained on or within the Software Product;
(h) export or re-export the Software Product or any copy or adaptation in violation of any applicable laws or regulations; or
(i) create data or executable programs that mimic data or functionality in the Software Product.
Furthermore, you agree that you shall abide by any of the safety information, maintenance instructions, or other relevant notices in the manual included with the Software Product.
4. Termination
Without prejudice to any other rights, Kinky Shop - Adult Entertainment may terminate this EULA immediately without notice if you fail to comply with the terms and conditions of this EULA. In the event of termination, you must destroy all copies of the Software Product and all of its parts, including any Software Product stored on the hard disk of any computer. You may also terminate the EULA by destroying the Software Product and uninstalling it from your hard drive or other applicable hardware. All provisions of this EULA relating to disclaimers of warranties, limitations of liability, remedies, or damages, and Kinky Shop - Adult Entertainment’s proprietary rights, choice of law and jurisdiction, indemnity, and miscellaneous shall survive termination.
5. Ownership
You only own the media on which the Software Product is recorded. Kinky Shop - Adult Entertainment and/or its licensors shall at all times retain ownership of the Software Product as recorded on the media and all subsequent copies regardless of form.
6. Limited Warranty and Exclusions
6.1 WARRANTY
6.1 NO WARRANTY APPLIES TO THE SOFTWARE PROGRAMS THEMSELVES, WHICH ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Kinky Shop - Adult Entertainment AND ITS LICENSORS DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES, CONDITIONS, OR OTHER TERMS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS AND FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE SOFTWARE PRODUCT AND EACH AND EVERY PART THEREOF. WITHOUT PREJUDICE TO THE GENERALITY OF THE FOREGOING, Kinky Shop - Adult Entertainment DOES NOT WARRANT THAT THE SOFTWARE PRODUCT IS ERROR-FREE OR THAT IT WILL OPERATE WITHOUT INTERRUPTION, NOR THAT Kinky Shop - Adult Entertainment WILL REPAIR ANY ERRORS IN THE SOFTWARE PRODUCT. Kinky Shop - Adult Entertainment FURTHER DOES NOT WARRANT THAT THE SOFTWARE PRODUCT WILL OPERATE ON ALL TYPES OF COMPUTERS. REFER TO THE MINIMUM TECHNICAL SPECIFICATIONS.
6.2 IN ADDITION, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
(A) IN NO EVENT SHALL Kinky Shop - Adult Entertainment OR ITS LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, OR ANY PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SOFTWARE PRODUCT, EVEN IF Kinky Shop - Adult Entertainment HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE ENTIRE RISK OF USE (INCLUDING WITHOUT LIMITATION, (A) ANY DAMAGE TO YOUR COMPUTER HARDWARE, DATA, OR SOFTWARE or (B) AS A RESULT OF THE FAILURE TO ADHERE TO ANY PRECAUTIONS FOR USE SET OUT IN THE MANUAL) RESIDES WITH YOU.
(B) IN ANY CASE, THE MAXIMUM AGGREGATE LIABILITY OF Kinky Shop - Adult Entertainment AND ITS LICENSORS UNDER OR IN RELATION TO THIS EULA OR THE USE OR ATTEMPTED USE OF THIS SOFTWARE PRODUCT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT.
6.3 Nothing in this EULA shall limit or exclude Kinky Shop - Adult Entertainment's liability to you in negligence for death or personal injury. Such exclusion or limitation is unlawful, unenforceable, or void under any applicable law.
6.4 Some jurisdictions do not permit the warranty disclaimers or limitations on liability set forth in this paragraph 6. Nothing in this paragraph 6 shall affect your statutory rights as a consumer, which are not capable of exclusion or limitation under the applicable law. These statutory rights may vary from state/jurisdiction to state/jurisdiction.
6.5 You understand that the Software Product may be updated or patched at any time. However, in doing so, no obligation to provide such updates or patches to you according to this EULA or otherwise shall arise.
7. Governing Law and Dispute Resolution
7.1 Subject to paragraph 7.2 below, this EULA and any claim or dispute of whatever nature (including any non-contractual dispute) arising out of or relating to this EULA shall be governed by and construed following Brazilian law. Each party irrevocably submits for all purposes in connection with the EULA (including any such dispute or claim) to the exclusive jurisdiction of the Brazilian courts, except that nothing in this EULA shall limit Kinky Shop - Adult Entertainment’s right to bring any action against any party in any other court of competent jurisdiction, nor shall the bringing of such action in one or more jurisdictions preclude the bringing of any other such actions in any other jurisdiction (whether concurrently or not) to the extent permitted by the law of such jurisdictions.
7.2 Any claim or dispute of whatever nature arising out of or relating to this EULA shall be governed by and construed following the Brazilian laws and subject to the non-exclusive jurisdiction of the state and federal courts situated in Brazil.
7.3 The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this EULA.
8. Injunction
Because Kinky Shop - Adult Entertainment would be irreparably damaged if the terms of this EULA were not specifically enforced, you agree that we shall be entitled, without bond or other security or proof of damages, to take such action as may be required, including without limitation seeking an injunction and other equitable remedies, in addition to any other remedies available to us under law.
9. Indemnity
You agree to indemnify, defend and hold harmless Kinky Shop - Adult Entertainment, its partners, affiliates, contractors, licensors, officers, directors, employees, and agents from all claims, damages, costs, and expenses (including reasonable legal fees) arising directly or indirectly from your acts or omissions in connection with using the Software Product or any breach by you of the terms of this EULA.
10. Miscellaneous
10.1 If you acquired this Software Product in the United States of America, you shall not export or re-export it except as authorized and permitted by the laws and regulations of the United States of America.
10.2 Without prejudice to paragraph 6.4, this EULA, together with any other agreement, policy, or other documents expressly referred to in this EULA, constitutes the entire agreement between Kinky Shop - Adult Entertainment and you concerning the license and use of the Software Product and supersedes all prior or contemporaneous understandings. Without prejudice to paragraphs 10.4 and 10.5, no amendment or modification of this EULA will be binding unless made in writing and signed by a duly authorized representative of Kinky Shop - Adult Entertainment.
10.3 You agree and acknowledge that all title, ownership rights, and intellectual property rights connected with the Software Product and any and all copies thereof (including but not limited to any derivative works, titles, computer code, themes, objects, characters, character names, stories, dialogs, catchphrases, locations, concepts, artwork, graphics, animation, sounds, musical compositions, audio-visual effects, text, screen displays, methods of operation, moral rights, “applets” incorporated into the Software Product, and any related documentation) are owned by Kinky Shop - Adult Entertainment or its licensors.
10.4 Kinky Shop - Adult Entertainment reserves the right to amend this EULA at any time, at its sole discretion, but will post such changes on Kinky Shop - Adult Entertainment's Discord and/or will communicate such changes to you via and digital rights management system used to protect the content of the Software Product such as, where applicable, the STEAM™ service where STEAM™ software is used for such purpose. Suppose any such future changes to this EULA are unacceptable to you or cause you to no longer be in compliance with this EULA. In that case, you may terminate this EULA in accordance with the above Termination provisions. Your installations and use of any updates or modifications to the Software Product or your continued use of the Product Software following notice of changes to this EULA will constitute your acceptance of any and all such changes to the terms of this EULA.
10.5 If any court or competent authority finds that any provision of this EULA (or part of any provision) is invalid, illegal, or unenforceable under the applicable law, that provision or part-provision shall, to the extent required, be deemed to be deleted. The validity and enforceability of the other provisions of this EULA shall not be affected.
Last updated on April 20, 2022.
Kinky Shop's Life Happened (PC)
IMPORTANT - Please read this End User Licence Agreement (“EULA”) carefully before installing this Software Product. By installing, copying, and/or otherwise using the Software Product, you agree to be bound by the terms of this EULA, and we are only prepared to license you to use the Software Product on the terms of this EULA. In addition, before installing this Software Product, please make sure that your computer meets the minimum technical specifications for the proper operation of this Software Product.
PURCHASE OF SOFTWARE PRODUCT BY DOWNLOAD
IF YOU AGREE TO BE BOUND BY THIS EULA, PLEASE CLICK "I ACCEPT" AT THE END OF THIS EULA, AT WHICH POINT THE SOFTWARE PRODUCT WILL BE INSTALLED ONTO YOUR HARD DRIVE. IF YOU DISAGREE TO BE BOUND BY THE TERMS OF THIS EULA, CLICK "NOT ACCEPTED," THE SOFTWARE PRODUCT WILL NOT BE LOADED ONTO YOUR HARD DRIVE, AND NO LICENCE SHALL BE GRANTED TO YOU IN RESPECT OF THE SOFTWARE PRODUCT.
GAME IN ALPHA STATUS
By agreeing to this EULA, you also agree to purchase, download and play a game in its alpha state, which means:
1 - The main story and its effects are yet far from complete;
2 - You may find bugs and unexpected glitches while playing Life Happened, in which case, I'd be forever thankful to you should you decide to report it back to me by email or via discord so I can fix it in the next update release.
3 - Delays in future update releases. I am an indie developer, which means I develop Life happened alone while working IRL to pay the bills and feed the kids, so be patient if the next update takes longer than it should. Nevertheless, I'm doing my best to deliver a good-quality visual novel.
Technical Support:
If you require technical assistance, please join my discord (https://discord.gg/JpdExWR) and give me a heads up. I'll gladly help you with any problems related to the installation and the use of my software. Just let me know beforehand that you're using the steam version of my game.
1. Legal Agreement
This EULA is a legal agreement between you and Kinky Shop - Adult Entertainment that dictates your use of the Software Product. For the purposes of this EULA, references to the Software Product include computer software owned by Kinky Shop - Adult Entertainment or its third party suppliers/licensors and associated media, any printed materials, manuals, any online or other documentation together with to the extent not distributed with a separate license agreement, any updates or patches to the original game software which are provided to you or which you may download from any Kinky Shop - Adult Entertainment web site or other source authorized by Kinky Shop - Adult Entertainment expressly for such purpose, including such software required to access and/or use any online features and functionality which may be associated with such computer game software (subject to any additional terms of use applicable to such online mode). The terms and conditions of this EULA are without prejudice to any terms and conditions governing your use of any third-party proprietary software product, including without limitation any STEAM™ software. Such third party proprietary software may be embodied on the media containing this Software Product or otherwise downloaded within the software package containing the Software Product and may be required to use certain features of this Software Product, which use may be subject to and conditional upon your acceptance and observance of additional third-party end-user license agreements.
Copyright and other intellectual property laws and treaties protect this Software Product. The Software Product is licensed, not sold.
2. Grant of Limited Non-Exclusive Licence
For as long as you comply with the provisions of this EULA, Kinky Shop - Adult Entertainment grants you the non-exclusive, limited right and license to:
(a) install one (1) copy of the Software Product and use it on a single hard drive that is under your custody and control and which meets the specifications referred to in the manual for your own private and domestic use only;
(b) transfer the Software Product from one hard drive to another, PROVIDED it is used on only one (1) hard drive at any one time, and any hard drive on which it is used is under your custody and control at the time of use;
(c) transfer the Software Product (complete with all components and documentation) and the benefit of this EULA to another person, PROVIDED such person has agreed to accept the terms of this EULA, and you contemporaneously transfer any permitted copies of the Software Product you may have made to that person or destroy all copies of the Software Product not transferred. If any transferee does not accept such terms, this EULA shall automatically terminate. Upon such transfer, you undertake to delete this Software Product from your hard drive, and the license granted to you under this EULA shall automatically and immediately terminate.
To the maximum extent permitted by law, all rights not expressly granted hereunder are reserved to Kinky Shop - Adult Entertainment and its licensors. Your rights of use under this EULA are strictly conditional upon your observance of the terms and conditions contained in this EULA.
In some cases, your rights to use the Software Product may be subject to a limitation on the number of activations or registrations of the Software Product as advised at the time of sale or on the packaging for the Software Product. In such a case, your ability to transfer the Software Product in the manner permitted in paragraphs 2.1(b) and (c) above may not be possible where the maximum number of activations of the Software Product has been reached.
3. Restrictions
You are not permitted:
(a) to make any commercial use or exploitation of the Software Product in any manner whatsoever;
(b) install or use the Software Product on a network server, multi-user arrangement, or remote access arrangement for the purposes of distribution to one (1) or more another computer(s) on that network or to effect such distribution or otherwise make a copy of the Software Product available in any manner or via any media where multiple users could use it;
(c) without a separate, additional license from Kinky Shop - Adult Entertainment to use the Software Product or permit the use of the Software Product on more than one personal CPU, game console, handheld device, “smartphone,” or PDA at the same time;
(d) except as expressly permitted by this EULA and save and to the extent in the circumstances expressly permitted by applicable law, to rent, lease, sub-license, loan, exploit for profit or gain, copy, modify, adapt, merge, translate, use, reproduce, distribute, broadcast, publicly perform, store in a retrieval system or otherwise deal in the Software Product or any part thereof in any way;
(e) except as the applicable law expressly permits, to reverse engineer, derive source code, modify, decompile, disassemble, or create derivative works based on the whole or any part of the Software Product, in whole or in part, Where applicable law expressly permits any such acts, and any lawful modifications, adaptations, and improvements and all copyrights therein shall be deemed assigned to and shall belong to, vest in and be the exclusive property of Kinky Shop - Adult Entertainment and/or its licensors on creation to the maximum extent permitted by law and you hereby waive all or any moral rights in such creations;
(f) remove, disable or circumvent any security protections or any technical measures that control access to the Software Product and/or are designed to prevent or inhibit the infringement of any copyright or other intellectual property right in the Software Product;
(g) remove, modify, deface or circumvent any proprietary notices or labels contained on or within the Software Product;
(h) export or re-export the Software Product or any copy or adaptation in violation of any applicable laws or regulations; or
(i) create data or executable programs that mimic data or functionality in the Software Product.
Furthermore, you agree that you shall abide by any of the safety information, maintenance instructions, or other relevant notices in the manual included with the Software Product.
4. Termination
Without prejudice to any other rights, Kinky Shop - Adult Entertainment may terminate this EULA immediately without notice if you fail to comply with the terms and conditions of this EULA. In the event of termination, you must destroy all copies of the Software Product and all of its parts, including any Software Product stored on the hard disk of any computer. You may also terminate the EULA by destroying the Software Product and uninstalling it from your hard drive or other applicable hardware. All provisions of this EULA relating to disclaimers of warranties, limitations of liability, remedies, or damages, and Kinky Shop - Adult Entertainment’s proprietary rights, choice of law and jurisdiction, indemnity, and miscellaneous shall survive termination.
5. Ownership
You only own the media on which the Software Product is recorded. Kinky Shop - Adult Entertainment and/or its licensors shall at all times retain ownership of the Software Product as recorded on the media and all subsequent copies regardless of form.
6. Limited Warranty and Exclusions
6.1 WARRANTY
6.1 NO WARRANTY APPLIES TO THE SOFTWARE PROGRAMS THEMSELVES, WHICH ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Kinky Shop - Adult Entertainment AND ITS LICENSORS DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES, CONDITIONS, OR OTHER TERMS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS AND FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE SOFTWARE PRODUCT AND EACH AND EVERY PART THEREOF. WITHOUT PREJUDICE TO THE GENERALITY OF THE FOREGOING, Kinky Shop - Adult Entertainment DOES NOT WARRANT THAT THE SOFTWARE PRODUCT IS ERROR-FREE OR THAT IT WILL OPERATE WITHOUT INTERRUPTION, NOR THAT Kinky Shop - Adult Entertainment WILL REPAIR ANY ERRORS IN THE SOFTWARE PRODUCT. Kinky Shop - Adult Entertainment FURTHER DOES NOT WARRANT THAT THE SOFTWARE PRODUCT WILL OPERATE ON ALL TYPES OF COMPUTERS. REFER TO THE MINIMUM TECHNICAL SPECIFICATIONS.
6.2 IN ADDITION, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
(A) IN NO EVENT SHALL Kinky Shop - Adult Entertainment OR ITS LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, OR ANY PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SOFTWARE PRODUCT, EVEN IF Kinky Shop - Adult Entertainment HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE ENTIRE RISK OF USE (INCLUDING WITHOUT LIMITATION, (A) ANY DAMAGE TO YOUR COMPUTER HARDWARE, DATA, OR SOFTWARE or (B) AS A RESULT OF THE FAILURE TO ADHERE TO ANY PRECAUTIONS FOR USE SET OUT IN THE MANUAL) RESIDES WITH YOU.
(B) IN ANY CASE, THE MAXIMUM AGGREGATE LIABILITY OF Kinky Shop - Adult Entertainment AND ITS LICENSORS UNDER OR IN RELATION TO THIS EULA OR THE USE OR ATTEMPTED USE OF THIS SOFTWARE PRODUCT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT.
6.3 Nothing in this EULA shall limit or exclude Kinky Shop - Adult Entertainment's liability to you in negligence for death or personal injury. Such exclusion or limitation is unlawful, unenforceable, or void under any applicable law.
6.4 Some jurisdictions do not permit the warranty disclaimers or limitations on liability set forth in this paragraph 6. Nothing in this paragraph 6 shall affect your statutory rights as a consumer, which are not capable of exclusion or limitation under the applicable law. These statutory rights may vary from state/jurisdiction to state/jurisdiction.
6.5 You understand that the Software Product may be updated or patched at any time. However, in doing so, no obligation to provide such updates or patches to you according to this EULA or otherwise shall arise.
7. Governing Law and Dispute Resolution
7.1 Subject to paragraph 7.2 below, this EULA and any claim or dispute of whatever nature (including any non-contractual dispute) arising out of or relating to this EULA shall be governed by and construed following Brazilian law. Each party irrevocably submits for all purposes in connection with the EULA (including any such dispute or claim) to the exclusive jurisdiction of the Brazilian courts, except that nothing in this EULA shall limit Kinky Shop - Adult Entertainment’s right to bring any action against any party in any other court of competent jurisdiction, nor shall the bringing of such action in one or more jurisdictions preclude the bringing of any other such actions in any other jurisdiction (whether concurrently or not) to the extent permitted by the law of such jurisdictions.
7.2 Any claim or dispute of whatever nature arising out of or relating to this EULA shall be governed by and construed following the Brazilian laws and subject to the non-exclusive jurisdiction of the state and federal courts situated in Brazil.
7.3 The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this EULA.
8. Injunction
Because Kinky Shop - Adult Entertainment would be irreparably damaged if the terms of this EULA were not specifically enforced, you agree that we shall be entitled, without bond or other security or proof of damages, to take such action as may be required, including without limitation seeking an injunction and other equitable remedies, in addition to any other remedies available to us under law.
9. Indemnity
You agree to indemnify, defend and hold harmless Kinky Shop - Adult Entertainment, its partners, affiliates, contractors, licensors, officers, directors, employees, and agents from all claims, damages, costs, and expenses (including reasonable legal fees) arising directly or indirectly from your acts or omissions in connection with using the Software Product or any breach by you of the terms of this EULA.
10. Miscellaneous
10.1 If you acquired this Software Product in the United States of America, you shall not export or re-export it except as authorized and permitted by the laws and regulations of the United States of America.
10.2 Without prejudice to paragraph 6.4, this EULA, together with any other agreement, policy, or other documents expressly referred to in this EULA, constitutes the entire agreement between Kinky Shop - Adult Entertainment and you concerning the license and use of the Software Product and supersedes all prior or contemporaneous understandings. Without prejudice to paragraphs 10.4 and 10.5, no amendment or modification of this EULA will be binding unless made in writing and signed by a duly authorized representative of Kinky Shop - Adult Entertainment.
10.3 You agree and acknowledge that all title, ownership rights, and intellectual property rights connected with the Software Product and any and all copies thereof (including but not limited to any derivative works, titles, computer code, themes, objects, characters, character names, stories, dialogs, catchphrases, locations, concepts, artwork, graphics, animation, sounds, musical compositions, audio-visual effects, text, screen displays, methods of operation, moral rights, “applets” incorporated into the Software Product, and any related documentation) are owned by Kinky Shop - Adult Entertainment or its licensors.
10.4 Kinky Shop - Adult Entertainment reserves the right to amend this EULA at any time, at its sole discretion, but will post such changes on Kinky Shop - Adult Entertainment's Discord and/or will communicate such changes to you via and digital rights management system used to protect the content of the Software Product such as, where applicable, the STEAM™ service where STEAM™ software is used for such purpose. Suppose any such future changes to this EULA are unacceptable to you or cause you to no longer be in compliance with this EULA. In that case, you may terminate this EULA in accordance with the above Termination provisions. Your installations and use of any updates or modifications to the Software Product or your continued use of the Product Software following notice of changes to this EULA will constitute your acceptance of any and all such changes to the terms of this EULA.
10.5 If any court or competent authority finds that any provision of this EULA (or part of any provision) is invalid, illegal, or unenforceable under the applicable law, that provision or part-provision shall, to the extent required, be deemed to be deleted. The validity and enforceability of the other provisions of this EULA shall not be affected.
Last updated on April 20, 2022.