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End User License Agreement
Bartic Studio Games ()
This Agreement made Between Bartic Studio Games () of 65 Mary Street, Brisbane, Queensland, 4000 (“Licensor”)
- and -
Steam Users (“Licensee”) (the “Parties”)
1. Definitions and interpretation
(a) Definitions
In this Agreement (including the recitals) unless the context otherwise requires:
Agreement means this agreement and its schedule;
Product means Lurch as detailed in Schedule 1;
Terms means the terms and conditions of this Agreement.
(b) Interpretation
In this Agreement, unless the context otherwise requires:
(i) headings are for convenience only and do not affect its interpretation and construction;
(ii) the singular includes the plural and vice versa;
(iii) words importing a gender include other genders;
(iv) where any word or phrase is defined, any other part of speech or
another grammatical form of the word or phrase has a cognate meaning;
(v) a reference to any statute, proclamation, rule, code, regulation, or ordinance including any
amendment, consolidation, modification, re-enactment, or reprint of it or any statute, proclamation,
rule, code,
regulation or ordinance replacing it;
(vi) “includes” is not a word of limitation;
(vii) a reference to anything is a reference to the whole and each part of it;
(viii) a reference to a group of persons is a reference to all of them collectively and to each of them
individually;
and
(ix) a reference to a document includes all amendments or supplements to, or replacements or novation of,
that document.
2. Acceptance
(a) This Agreement is between you and the Licensor and governs the Products made available to you.
(b) Upon:
(i) selecting the ‘Accept’ option;
(ii) payment of the license fee for the Product at the point of
purchasing the license or Product; or
(iii) upon downloading, installing, or using the Product (whichever comes first)
You are granted a revocable, non-transferable, non-exclusive, and limited license (“License”)
strictly in accordance with the Terms of this Agreement.
(c) If you do not agree to the Terms of this Agreement, you must not install, use, or copy the Product.
3. License grant
(a) This Agreement entitles you to
(i) install and use the Product on a single computer; or
(ii) install and make an archival copy of the Product on a storage medium other than a hard drive and may
be used for the reinstallation of the Product.
(b) This Agreement does not permit the installation of the Product
(i) on more than one computer at any given time;
(ii) on a system that allows shared use of applications;
(iii) on a multi-user network; or
(iv) on any configuration or system of computers that allows multiple users unless you have a license for
each separate computer on which the product is installed and run.
4. Limitations
(a) Limitations on transfer
(i) You may not assign your rights and obligations under this Agreement, or redistribute, encumber, sell,
rent, lease, sublicense or otherwise transfer your rights to the Products.
(b) Limitations on use
You may not:
(i) share the License, or contents of the Product, with others;
(ii) copy, install, or use the Product on any system with more than one
computer; or
(iii) permit the use, copying, or installation of the Product by more than one user or on more than one
computer.
unless you hold multiple, validly, licensed copies.
You may not:
(iv) decompile, “reverse engineer”, disassemble, or otherwise attempt to derive the source
code for the Product;
(v) use the Product for commercial purposes.
(c) Limitations on copying
You may not copy any part of the product except to the extent that the licensed use inherently demands the
creation of a temporary copy stored in the computer memory and not permanently affixed on the storage medium.
5. Ownership
Bartic Studio Games or its subsidiaries, affiliates, and suppliers retain all rights, titles, and interests,
including all copyright and intellectual property rights, in and to, the Products and all copies thereof.
6. Licensee indemnity
You will indemnify Bartic Studio Games, its directors, officers, employees, agents, and contractors in full against
any liability, loss, damages, costs, and expenses as a result of or in the connection with your use of the Product,
including but not limited to, any modification by you of the Product which causes the Product to infringe the
intellectual property rights of a third party.
7. Variation of Terms
Bartic Studio Games reserves the right to amend these Terms from time to time without notice to you and you
will be subject to the Terms in force at the time you purchase the License for the Product or download the
Product whichever is applicable.
8. Termination
Without prejudice to any other rights, Bartic Studio Games may terminate this Agreement immediately and
without further notice, if you fail to comply with the Terms of this Agreement. In such an event, you must destroy
all copies of the Product.
9. General provisions
(a) Any provision of, or the application of any provision of this Agreement, which is prohibited in
any jurisdiction is, in that jurisdiction, ineffective only to the extent of that prohibition.
(b) Any provision of, or the application of any provision of this Agreement which is void, illegal
or unenforceable in any jurisdiction does not affect the validity, legality, or enforceability of that
provision in any other jurisdiction or the remaining provisions in that or any other jurisdiction.
(c) The failure, delay, relaxation, or indulgence on the part of a part in exercising, in part or
whole, any power, any power right or remedy conferred upon that party by these Terms shall
not operate as a waiver of that power, right, or remedy.
SCHEDULE 1 PRODUCT
Name of the Product: Lurch
Details of Product: Software: Video Game
Bartic Studio Games ()
This Agreement made Between Bartic Studio Games () of 65 Mary Street, Brisbane, Queensland, 4000 (“Licensor”)
- and -
Steam Users (“Licensee”) (the “Parties”)
1. Definitions and interpretation
(a) Definitions
In this Agreement (including the recitals) unless the context otherwise requires:
Agreement means this agreement and its schedule;
Product means Lurch as detailed in Schedule 1;
Terms means the terms and conditions of this Agreement.
(b) Interpretation
In this Agreement, unless the context otherwise requires:
(i) headings are for convenience only and do not affect its interpretation and construction;
(ii) the singular includes the plural and vice versa;
(iii) words importing a gender include other genders;
(iv) where any word or phrase is defined, any other part of speech or
another grammatical form of the word or phrase has a cognate meaning;
(v) a reference to any statute, proclamation, rule, code, regulation, or ordinance including any
amendment, consolidation, modification, re-enactment, or reprint of it or any statute, proclamation,
rule, code,
regulation or ordinance replacing it;
(vi) “includes” is not a word of limitation;
(vii) a reference to anything is a reference to the whole and each part of it;
(viii) a reference to a group of persons is a reference to all of them collectively and to each of them
individually;
and
(ix) a reference to a document includes all amendments or supplements to, or replacements or novation of,
that document.
2. Acceptance
(a) This Agreement is between you and the Licensor and governs the Products made available to you.
(b) Upon:
(i) selecting the ‘Accept’ option;
(ii) payment of the license fee for the Product at the point of
purchasing the license or Product; or
(iii) upon downloading, installing, or using the Product (whichever comes first)
You are granted a revocable, non-transferable, non-exclusive, and limited license (“License”)
strictly in accordance with the Terms of this Agreement.
(c) If you do not agree to the Terms of this Agreement, you must not install, use, or copy the Product.
3. License grant
(a) This Agreement entitles you to
(i) install and use the Product on a single computer; or
(ii) install and make an archival copy of the Product on a storage medium other than a hard drive and may
be used for the reinstallation of the Product.
(b) This Agreement does not permit the installation of the Product
(i) on more than one computer at any given time;
(ii) on a system that allows shared use of applications;
(iii) on a multi-user network; or
(iv) on any configuration or system of computers that allows multiple users unless you have a license for
each separate computer on which the product is installed and run.
4. Limitations
(a) Limitations on transfer
(i) You may not assign your rights and obligations under this Agreement, or redistribute, encumber, sell,
rent, lease, sublicense or otherwise transfer your rights to the Products.
(b) Limitations on use
You may not:
(i) share the License, or contents of the Product, with others;
(ii) copy, install, or use the Product on any system with more than one
computer; or
(iii) permit the use, copying, or installation of the Product by more than one user or on more than one
computer.
unless you hold multiple, validly, licensed copies.
You may not:
(iv) decompile, “reverse engineer”, disassemble, or otherwise attempt to derive the source
code for the Product;
(v) use the Product for commercial purposes.
(c) Limitations on copying
You may not copy any part of the product except to the extent that the licensed use inherently demands the
creation of a temporary copy stored in the computer memory and not permanently affixed on the storage medium.
5. Ownership
Bartic Studio Games or its subsidiaries, affiliates, and suppliers retain all rights, titles, and interests,
including all copyright and intellectual property rights, in and to, the Products and all copies thereof.
6. Licensee indemnity
You will indemnify Bartic Studio Games, its directors, officers, employees, agents, and contractors in full against
any liability, loss, damages, costs, and expenses as a result of or in the connection with your use of the Product,
including but not limited to, any modification by you of the Product which causes the Product to infringe the
intellectual property rights of a third party.
7. Variation of Terms
Bartic Studio Games reserves the right to amend these Terms from time to time without notice to you and you
will be subject to the Terms in force at the time you purchase the License for the Product or download the
Product whichever is applicable.
8. Termination
Without prejudice to any other rights, Bartic Studio Games may terminate this Agreement immediately and
without further notice, if you fail to comply with the Terms of this Agreement. In such an event, you must destroy
all copies of the Product.
9. General provisions
(a) Any provision of, or the application of any provision of this Agreement, which is prohibited in
any jurisdiction is, in that jurisdiction, ineffective only to the extent of that prohibition.
(b) Any provision of, or the application of any provision of this Agreement which is void, illegal
or unenforceable in any jurisdiction does not affect the validity, legality, or enforceability of that
provision in any other jurisdiction or the remaining provisions in that or any other jurisdiction.
(c) The failure, delay, relaxation, or indulgence on the part of a part in exercising, in part or
whole, any power, any power right or remedy conferred upon that party by these Terms shall
not operate as a waiver of that power, right, or remedy.
SCHEDULE 1 PRODUCT
Name of the Product: Lurch
Details of Product: Software: Video Game