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End-User License Agreement for Deus Novum

In order to protect Gearworks Games LLC("Gearworks") and members of the community, this document has been created to establish rules for downloading and using Deus Novum and participating in the community around it.

By purchasing, downloading, using, or playing Deus Novum, you acknowledge that you have read and accept this EULA in its entirety, and agree to be bound by its terms. If you do not agree to follow the rules set out in this EULA, then you must not buy, download, use, or play Deus Novum.

If you have purchased Deus Novum through a "Third Party Platform"(ex: Steam) then additional terms may apply to your purchase ("Third Party Terms"). We are not in control of, or responsible for, such Third Party Platforms, so we suggest that you make yourself familiar with their Third Party Terms if you choose to purchase Deus Novum through a Third Party Platform.

License

When you purchase Deus Novum, you purchase a perpetual, revocable, and limited license to install and use Deus Novum and the associated materials, documents, online services, forums, and other ancillaries collectively referred to here on as the "Software" for your own personal use in accordance with this EULA.

Rules
Most importantly, this License states that you cannot sell, share, or modify any part of the Software unless specified in the EULA. An example list of restricted behavior is listed here:

  • Make or distribute(including giving away) copies of the Software or any part of the Software, to anyone else.
  • Try to make money from the Software in any way, except as permitted below.
  • Let others access anything the Software contains in a way that is unfair or unreasonable.
  • Give away or sell license keys to the Software (you may, however, give gift codes that have been bought through an official Third Party Platform gift code system, such as Steam.
  • Rip parts of our game out and distribute them(for example, ripping 3d models and selling them)

Creating content with our Software
Gearworks is a big supporter of allowing and facilitating the creation of modifications, tools, or plugins for our Software ("Mods") and content that uses or is about our Software ("User Content", collectively with Mods, "Derivative Works"). Therefore, you may create Derivative Works provided that you comply with the terms of this EULA.

In each Derivative Work that you create, you must display the following disclaimer on or reasonable in connection with your Derivative Works, such as on your website or social media profile:

"Portions of the materials used to create this content/mod are trademarks and/or copyrighted works of Gearworks Games LLC. All rights reserved by Gearworks. This content/mod is not official and is not endorsed by Gearworks."

If you use our logos, or game titles in your Derivative Works("Gearworks Logos"), you must:
Not use the Gearworks Logos in a manner that damages the goodwill and reputation associated with them.
  • Only use the Gearworks Logos in connection to your Derivative Works and not in connection with any other products, services, or business.
  • Not change or alter any of the Gearworks Logos.
  • Not use the Gearworks Logos or any confusingly similar name or word in any domain name, website name, or other title.

You own the Derivative Works you create. However, by creating any Derivative Work, you agree to grant Gearworks a license to use, copy, modify, adapt, distribute, and publicly display all those Derivative Works for any purpose, without any payment or notice to you anywhere in the universe for eternity. You also agree to let Gearworks sell, assign, or sublicense the Derivative License to other people so that they may use, copy, modify, adapt, distribute, and publicly display your Derivative Work. We are not required to credit or acknowledge you if we use any of your Derivative Works, or if we allow another to do so. If you do not want to give us these permissions, do not make Derivative Works.

You're also allowed to use things we've made if the law expressly allows it, such as under "fair use" or "fair dealing" doctrine, but only to the extent that the law applicable to you expressly says.
For example here are two behaviors that would be allowed or restricted by most "fair use" doctrines:
Allowed: Use screen shots of the game in a review.
Restricted: Create and sell t-shirts with our artwork.

When you create Derivative Works in accordance with this EULA, you are doing so with our permission. However, this permission to create Derivative Works can be revoked at any time, and for any reason, including but not limited to, any breach by you of this EULA.

Reviewers, streamers, and content creators

Within reason, you are allowed to make User Content such as videos of the gameplay of the Software and distribute them. While your User Content cannot be sold, you are allowed to monetize this content through advertising. This means that you can make Let's Plays on YouTube or stream yourself on Twitch, but you can't sell any individual pieces of User Content that you make.

We understand that a lot of content creators solicit donations on platforms such as Patreon. You may accept donations in connection with your User Content generally, but they may not be tied to the delivery of a specific piece of User Content. You must not try to push, force, or pressure your fans to donate to you in any way. Your requests for donations must be unobtrusive.

Your User Content cannot:

  • State or imply that your User Content is endorsed or created by Gearworks.
  • Contain links to websites or services that promote piracy or hacks of the Software, or any other software.
  • Harass, abuse, defame, attack, or bully any individual.
  • Damage the reputation and goodwill of Gearworks or our Software.
  • Infringe any third-party intellectual property rights, personality rights, or other third-party rights.
  • Otherwise breach any applicable laws.

Mods

You may create and distribute Mods. By "Mods", we mean something original that you or someone else created that doesn't contain a substantial portion of our Software, including our code, artwork, lore, or other content. Gearworks has final say on what constitutes a Mod and what doesn't.

With regards to Mods, the following terms apply:

  • Your Mods must be distributed for free, period. Neither you, nor any other person or party, may sell them to anyone, commercially exploit them in any way, or charge anyone for receiving or using them without getting prior written consent from Gearworks. Commercial exploitation includes but is not limited to in-game advertising, or monetizing your Mod through any other forms of advertising or marketing.
  • You may however, accept donations in connection with your modding efforts generally, but they may not be tied to the delivery of a specific product or service. You must not try to push or force or pressure users of your Mod to donate to you in any way. Your request for donations must be unobtrusive.
  • You may not advertise for donations within your Mods themselves.
  • Your Mods must not contain any ads or other calls to action of any kind. This prohibition includes advertising, marketing, or promotions for charities, political parties, or causes, non-profit organizations, or other non-commercial entities.
  • Your Mods must only work with the full, registered copy of the Software, not independently or with any other software. Your Mod may not be distributed together with the base game or any official expansions, as a "modded version" of the software.
  • Your Mods must not contain any illegal material.
  • Your Mods must not contain any material that violates copyright, trademark, or other intellectual property rights of Gearworks or any other person or parties.
  • Your Mods must not contain any content that is obscene, offensive, objectionable, or otherwise harmful to other.
  • Your Mods must be clearly presented as community-created content and not as though they were official or made by Gearworks.
  • Your Mods must not misrepresent what they are or their purpose, or deceive players in any way they wouldn't reasonable appreciate.
  • Your Mods may not be used as a vector for spreading malware.
  • Your Mods may not harass, abuse, defame, attack, or bully any individual or group.
  • Your Mods must comply with all applicable laws.
  • Releasing any Mod to the public is a permanent act in that if you choose to remove your Mod from the public, anyone may rehost the Mod themselves under these terms, however you still retain ownership of the Mod and if you return your Mod to the public, the rehoster must stop hosting the Mod. Too many modding communities have been rocked by one selfish modder suddenly deleting all of their Mods and destroying people's Mod lists or destroying Mods that were dependent on the original Mod.

We reserve the right to revoke your License to create and distribute Mods based on our Software if we determine, in our sole discretion, that your Mod in any way breaches the terms and conditions of this EULA.

You are allowed to decompile our game assets and look through our code, art, sound, and other resources for learning purposes, or to use our resources as a basis or reference for a Mod. However, you're not allowed to rip these resources out and pass them around independently. This educational use must be done in compliance with the "fair use", "fair dealing", or other similar copyright principles that may be applicable to you in your jurisdiction.

We Own the Software
Gearworks owns the Software and retains all ownership of the Software. The only permissions you have in connection with the Software are the permissions laid out in this EULA. Any use of our Software that is not expressly permitted by this EULA is strictly prohibited.

If you come to us with a suggestion for any one of our websites, games, or other products, that suggestion is made for free and we have no obligation to accept or consider it. When you send us a suggestion, you do so on a non-confidential and non-proprietary basis and you hereby grant us an irrevocable, worldwide, perpetual, royalty-free, sublicensable, and transferrable license to use your suggestion however we want. Also, whenever you provide us with a suggestion, you hereby waive any moral rights or other rights of authorship that you may have in the suggestion, in our favor. This means we can use or not use your suggestion in any way we want and we don't have to pay you for it or give you credit. If you think you have a suggestion that we would be willing to pay you for, please do not submit your suggestion unless you have first told us you expect to be paid and we have responded in writing by asking you to submit the suggestion.

Behavior

You may not, in connection with the Software or related forums:

- Harass, stalk, harm, intimidate, hurt, abuse, threaten, or deceive others;
- Use or attempt to use another user's account;
- Encourage any conduct that restricts or inhibits anyone's use or enjoyment of the Software, or which, as determined by us, may harm us or users of the Software or expose us or them to liability;
- Impersonate any person or entity, or falsely state or otherwise misrepresent you or your affiliation with any person or entity, including giving the impression that any content you upload, post, transmit, distribute, or otherwise make available comes from us;
- Interfere with or attempt to interfere with the proper working of our Software;
- Violate the terms of use of any third-party website or service that is linked to the Software, including any Third Party Platforms or payment processors;
- Upload, transmit, distribute, store, or otherwise make available in any way any viruses, or other material that is malicious or technologically harmful; any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other prohibited form of solicitation; any private information of any third party; or
- Violate, or promote the violation of, any applicable federal, provincial, local, foreign, or international law or regulation, including any laws regarding the export of data or software, patent, trademark, trade secret, copyright, or other intellectual property or legal rights (including the rights of publicity and privacy of others).

In addition to the above rules, if you participate in an official Gearworks discussion forum, or one controlled by Gearworks staff, you are required to follow the rules of that forum as they are written at any particular time you participate there.

If you do not abide by this EULA or any applicable forum rules, we may, in our sole discretion, suspend, block, or delete your account as we see fit.

Termination

We can terminate this EULA if you breach any of the terms. This means that the License and your permission to use the Software and create Derivative Works can be revoked. This is pretty serious, so please be sure you understand this. It means, for example, that if you distribute the Software to pirates, or break rules on the forum, or break any other rule in this EULA, we can revoke your access to Deus Novum with no refund or demand that you take down any User Content or Mods.

You can terminate this EULA at any time by simply uninstalling the Software from all your machines.

If the EULA is terminated, you no longer have any of the rights to the Software given in the License (though you do, of course, retain rights to your Derivative Works). Even if this EULA is terminated, the Derivative License (our license to your content) remains in perpetuity, as do provisions this EULA relating to our ownership of the Software, the disclaimers, limits of liability, indemnities, the laws applicable to this EULA, dispute resolution, and the “General Terms” found at the end of this EULA.

Updates

Gearworks might make updates to the Software available from time to time, but isn't obligated to do so. Gearworks also isn't obligated to provide any ongoing support or maintenance for the Software. When you purchase a License to the Software, you purchase that License to the Software as it is.

We may sell the Software during an 'early access' or 'alpha' or 'beta' release period (or something similar), but this doesn't mean we're obligated to add any particular amount of content or to fix any particular amount of bugs before releasing the game as its final version. We are allowed to declare the Software finished, and cease updates, at any time. Of course, we want to make the game fulfill our vision, and be quite bug-free, but we are not obligated to do any particular amount of additional work.

Gearworks reserves the right to modify the terms of this EULA from time to time and will post notice of material changes on the Steam page. Each time you download our Software, including an update, or use one of our online services, you agree to the latest version of the EULA that's posted on Steam. That means, if you use the Software only in offline mode and don't use the updates we make available, then the EULA you last agreed to applies. However, if you do download the updates, or use parts of the Software that rely on us providing ongoing online services, then the current EULA will apply to you.


Disclaimers

You are aware and agree that your use of the Software and the media on which it is recorded, if any, is at your sole risk. As mentioned above, the Software is provided “as is” and as it is available. Gearworks expressly disclaims all other warranties, statutory, express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose. Gearworks does not warrant that the Software will meet your requirements or desires. You bear the whole risk as to its quality and performance.

You acknowledge that our Software, or any part of our Software, may be interrupted for maintenance, or reasons beyond our control, and we cannot guarantee that the Software will always be available or that defects in the operation or functionality of the Software will be corrected. You acknowledge that from time to time, Gearworks may, in our sole discretion, release updates to our Software and that such updates may break a Mod's compatibility with our Software. You further acknowledge that Gearworks is under no obligation to ensure or otherwise provide for any interoperability between our Software and any Mods or other third party software. You also acknowledge that data, messages, and materials sent over the internet may not be completely private, and your anonymity is not guaranteed.

We administer and operate the Software from the United States. Although the Software is accessible in many territories throughout the world, not all of our products and their features are available to everyone in all geographic locations or appropriate for use outside the United States. We reserve the right to limit, in our sole discretion, the provision and quantity of any feature, product or Software to any person or geographic area. If you choose to download and use the Services from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

Some jurisdictions do not allow the disclaimer of certain warranties, so if you live in one of those jurisdictions, some of the above exclusions may not apply to you.

Indemnities

To the maximum extent permitted by applicable law, you agree to, at your sole cost, defend, indemnify, and hold harmless Gearworks and our directors, employees, and contractors, from and against any and all claims, liabilities, costs, fines, penalties, and expenses, including legal fees and expenses, arising out of or in any way connected with: (i) a breach by you of any obligation, representation, or warranty you have under this EULA; or (ii) your violation of any applicable laws, rules, regulations, or contracts; (all of the foregoing, “Claims and Losses”). You will cooperate as fully required by us in the defense of any Claims and Losses. At all times, we retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. We reserve the right to assume the exclusive defense and control of any Claims and Losses at our own cost. You will not settle any Claims and Losses without, in each instance, our prior written consent.

Limit of Liablility

You hold Gearworks blameless for any harm or damage that you may incur as a result of your use of the Software, or from any actions or inactions of Gearworks in connection with the Software. This means that you agree that in no event will Gearworks or our directors, employees, contractors, be liable to you or any other person for any indirect, consequential, special, incidental, punitive, or exemplary damages, under any theory of liability, including without limitation any damages for lost profits, lost revenue, lost goodwill, or lost opportunity, even if we could have foreseen such damages or were made aware of the possibility of such damages. You hereby waive, release, and forever discharge Gearworks from and against all of the above excluded damages. In no event will Gearworks' total liability to you with respect to the Software or any related products and services exceed the total amount paid by you to Gearworks in respect of the Software.

Nothing in this EULA limits our liability for death or bodily injury resulting from our negligence or fraudulent misrepresentations.

Some jurisdictions do not allow for certain limitations or exclusions of liability in agreements like this EULA, so if you live in one of those jurisdictions, certain aspects of the above limit and exclusion of liability may not apply to you. With that said, to the extent that any applicable authority holds any portion of this limit and exclusion of liability will be limited to the fullest possible extent permitted by applicable law.

Disputes Between Us

This EULA is governed by the laws of the State of Nevada and the federal laws of the United states that apply in Nevada. You agree that all disputes regarding this EULA will be brought before the courts located in the City of Henderson that have the appropriate jurisdiction to hear the dispute.

General Terms

This EULA constitutes the whole legal agreement between you and Gearworks regarding your use of the Software, and completely replace any prior agreements between you and Gearworks in relation to the Software.

We may at any time assign our rights and obligations under this EULA, in whole or in part, without notice to you. You may not assign this EULA or any of your rights and obligations hereunder, without our prior, written consent.

Our failure to insist upon or enforce any provision of this EULA will not be construed as a waiver of any provision or right that we may have.

If any court of law, having jurisdiction to decide on this matter, rules that any provision of this EULA is invalid, then that provision will be removed from this EULA without affecting the rest of this EULA, and the remaining provisions of this EULA will continue to be valid and enforceable.

END OF EULA