END USER LICENSE AGREEMENT (GAME DEMO)

IMPORTANT - PLEASE READ THIS DOCUMENT CAREFULLY:
YOU MUST READ THIS END USER LICENSE AGREEMENT BEFORE INSTALLING, DOWNLOADING, COPYING, OR OTHERWISE USING THIS GAME DEMO OR ANY PART THEREOF.

This End User License Agreement is a legally binding agreement between you (an individual) and Frogwares Ireland Limited, a video game development studio with its registered office at Suite A, Ashtown Business Centre, Navan Road, Dublin 15, 662895, Ireland.

This End User License Agreement (“EULA”, “End User License Agreement”) establishes the conditions under which any individual is given the right to use (i.e. granted license to use) the video game demo Sherlock Holmes the Awakened Demo, its elements, software, associated upgrades, patches, updates and related services (hereinafter jointly refer to as the “Product”) currently provided or which will be provided to the individual by Frogwares Ireland Ltd. (hereinafter referred to as the “Company”, “We”, “Us”, “Our”, “Licensor”).

NOTICE: The Product in demo mode is a free evaluation version of the upcoming video game. It may not include the full functionality found in the final version of the upcoming video game. The Software is provided “as-is” and the Company provides no support for the demo version. The Product in demo mode is made available to you solely for the purpose of demonstrating the upcoming video game capabilities, so you can evaluate whether to purchase a full license of the upcoming video game. This Product in demo mode is made available for use by you as an end user according to this EULA.

Before downloading, installing, and using the Product, please carefully read this End User License Agreement between you (hereinafter “You”, “Your”, “User”, “Licensee”) and the Company. You will not be entitled to download, install and use the Product without accepting this End User License Agreement.

BY CLICKING ON THE "I ACCEPT" BUTTON, DOWNLOADING, INSTALLING OR USING THE PRODUCT, YOU IMPLICITLY AGREE TO ACCEPT AND TO BE BOUND BY THIS EULA AT ALL TIME AND BECOME A PARTY TO THIS END USER LICENSE AGREEMENT. IF YOU PARTIALLY OR COMPLETELY DISAGREE WITH THE TERMS OF THIS END USER LICENSE AGREEMENT, PLEASE DO NOT DOWNLOAD, INSTALL OR USE THE PRODUCT. TO ENTER INTO THIS EULA, YOU MUST BE AN ADULT OF THE LEGAL AGE OF MAJORITY IN YOUR COUNTRY OF RESIDENCE. YOU ARE LEGALLY RESPONSIBLE FOR ALL ACTIONS USING OR ACCESSING THE PRODUCT, INCLUDING THE ACTIONS OF ANYONE YOU ALLOW TO ACCESS TO THE PRODUCT. IF YOU ARE UNDER THE LEGAL AGE OF MAJORITY, YOUR PARENT OR HOLDER OF PARENTAL RIGHTS MUST CONSENT TO THIS AGREEMENT.

The terms of this End User License Agreement fully comply with applicable laws and in no way infringe upon the User’s rights.

CHANGES TO EULA

We reserve the right to partially or completely change, modify, add or delete this EULA at any time for security, legal, best practice or regulatory purposes. Such changes will be effective with or, as applicable, without prior notice to You.

GRANT OF DEMONSTRATION LICENSE

Please keep in mind that the Product provided to You is a demo version of the upcoming video game and is provided for demonstration purposes only.

Subject to the terms of this EULA, the Company hereby grants You a limited, free, revocable, personal, non-sublicensable, non-transferable, non-exclusive license to use the Product only for Your personal (private) use and only in accordance with this EULA.

It must be noted that the Product is always licensed, not sold, to You, and You hereby acknowledge that no title or ownership in the Product is being transferred or assigned to You and this End User License Agreement shall never be construed as a sale of any rights in the Product. Product remains the sole intellectual property of the Company.

The License for a Product is available for a limited time (“Evaluation Period”). The Product in demo mode will not be available after the official release of the upcoming video game. The Company may terminate this EULA at any time by delivering notice to you and you may terminate this license at any time by destroying or erasing your copy of the Product. After the termination of the Evaluation Period, You must immediately uninstall the Product and destroy all related copies or materials of the Product in Your possession.

Notwithstanding any other provision contained herein, the Product provided pursuant to a demonstration license is provided to you “AS IS” and without indemnification, liability, support, or statutory, express or implied warranty of any kind. Please note that since the Product is a demo version of the upcoming video game, the Product provides only a tiny part of the upcoming video game. The Product neither provides nor depicts the final version of the upcoming video game. The Product does not have the final graphics of the upcoming video game. The game mechanics, visual elements, plot, game play of the Product may differ from the game mechanics, visual elements, plot and game play of the upcoming video game. The Product may contain bugs.

We grant You a license to:

To record videos of the Product and share it on social medias;
Be able to take screenshots of the Product

LICENSE RESTRICTIONS

You shall not to or permit anyone else to, directly or indirectly conduct the following operations with regard to the Product:

use the Product not in accordance with applicable law;

copy, modify, or create, supply or use alternative methods of using modify, distort, block, abnormally burden, disrupt, slow down and/or hinder the normal functioning of all or part of the Product;
transfer or distribute the Product to any third person or to the public;
reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence and organization of the Product;
rent, lease, sell, license or use the Product in any other ways for commercial purposes or any other purposes not specified herein;
create, supply or use alternative methods of using the Product that contradict this EULA and demonstration license;
create, use, share and/or publish by any means in relation to the Product any material (text, words, images, sounds, videos, etc.) that can infringe any intellectual property rights of the Company or that could lead to an unlawful act under the applicable laws.

Everybody who breaks this EULA risks the civil and criminal penalties and risks for litigation, in which Company will demand adequate compensation and reparation for the legal rights violation.

OWNERSHIP

Product’s materials (including, but without limitation, any content, designs, texts, graphics, images, videos, facts, applications, software, titles, source code, music, sounds effects, other audiovisual effects, themes, characters, character names, stories, dialogs, settings, artwork, musical works, moral rights and other related files and ideas, as well as their combinations and configurations) are results of Company’s intellectual activities and are protected from unauthorized use by the applicable laws.

All the rights associated with the Product and its components, in particular but not limited to the rights relating to brands, patents, images, models, sui generis right to the databases, copyright, know-how, commercial secrets, all related claims, and trademarks are the exclusive property of the Company.

The User is not entitled to use the Product in a way that infringes the Company’s rights as well as any of the trademarks, copyrights, brand names, services marks, logos and other means of individualization that belong to the Company.


This Product uses some elements that are derivatives of 3D models and licensed under Attribution 4.0 International (CC BY 4.0) license.
Rusty Petrol Generator Model, Showdoze
Vintage Camera, EricKos
North Pacific Giant Octopus, E. dofleini, ffish.asia / floraZia.com
Masu Salmon, Oncorhynchus masou masou, ffish.asia / floraZia.com
Biwa Masu Salmon, Oncorhynchus masou ssp., ffish.asia / floraZia.com
Eastern Little Tuna, Euthynnus affinis, ffish.asia / floraZia.com
Microscope Low Poly, DavidKlein
Maori Nguru (nose flute), The Cuming Museum
Generator, DJMaesen

PRODUCT UPDATES

When You are downloading, installing or using the Product, it does not mean the Company is obliged to provide you with the updates, upgrades or new versions of the Product. Since the Product is in demo mode, it is unlikely there will be any updates in the future. In case of bugs and/or other technical problems, the Product will be updated in order to be fixed.

WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY

YOU EXPLICITLY ACKNOWLEDGE THAT WHEN YOU DOWNLOAD, INSTALL OR USE THE PRODUCT, YOU ARE ACTING AT YOUR OWN DISCRETION AND YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, THE PRODUCT IS SUPPLIED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DO NOT MAKE AND HEREBY DISCLAIM ANY GUARANTEES, CONDITIONS, WARRANTIES OF ANY KIND, EXPRESSED, IMPLIED OR STATUTORY OR OTHER TERMS INCLUDING AS TO THE PRODUCT CONFORMITY, ACCURACY, CORRECTNESS, COMPLETENESS, RELIABILITY, SECURITY, AND ITS SUITABILITY FOR A PARTICULAR USE, OR YOUR SATISFACTION. YOU ASSUME ALL RESPONSIBILITY FOR SELECTING THE PRODUCT TO ACHIEVE YOUR INTENDED RESULTS AND EXPECTATIONS. YOU ALSO ASSUME ALL RESPONSIBILITY FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE PRODUCT. TO THE FULLEST EXTENT OF THE NORMS PROVIDED BY APPLICABLE LAWS, WE, OUR AFFILIATES, EMPLOYEES, CONTRACTORS/SUBCONTRACTORS, AGENTS, REPRESENTATIVES WILL NEVER BE LIABLE FOR LOSSES OR DAMAGES SUFFERED IN CONNECTION WITH THE USE OF THE PRODUCT IN PARTICULAR FOR (I) ALL AND ANY LOSSES OF ANY KIND, WHETHER IN TORT (INCLUDING FOR NEGLIGENCE OR BREACH OF STATUTORY DUTY), CONTRACT, MISREPRESENTATION (WHETHER INNOCENT OR NEGLIGENT) OR OTHERWISE, (II) DIRECT AND INDIRECT LOSSES, (III) ACCIDENTAL AND CONSEQUENTIAL LOSSES. IN ANY CASE, THE COMPANY’S LIABILITY SHALL ALWAYS BE LIMITED TO THE AMOUNT OF THE PURCHASE PRICE OF THE PRODUCT IN A PARTICULAR SEPARATE CASE. NOTWITHSTANDING THE AFOREMENTIONED LIMITATIONS OF LIABILITY, YOU MAY ALWAYS CEASE TO USE THE PRODUCT AS WELL AS TRY TO USE ANY REMEDIES STIPULATED BY THE APPLICABLE LAWS. IF THERE ARE SOME PROVISIONS OF THE APPLICABLE LAWS THAT PROHIBIT THE LIMITATION OF LIABILITY, THE TERM STATED ABOVE SHALL NOT BE USED TO THE RESPECTIVE USER.


INDEMNIFICATION

YOU EXPLICITLY ACKNOWLEDGE THAT WHEN YOU DOWNLOAD, INSTALL OR USE THE PRODUCT, YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE CAUSED TO THE COMPANY OR LEGAL ENTITY AS A RESULT OF YOUR VIOLATION OF THIS EULA. YOU HEREBY AGREE TO DEFEND, INDEMNIFY AND KEEP INDEMNIFIED THE COMPANY, ITS AFFILIATES, EMPLOYEES, CONTRACTORS/SUBCONTRACTORS, AGENTS, REPRESENTATIVES AGAINST ANY CLAIM OR ALLEGED CLAIMS, LIABILITIES, LOSSES DAMAGES AND ALL COSTS (INCLUDING LAWYERS’ FEES), DIRECTLY OR INDIRECTLY ATTRIBUTABLE TO YOUR FAULT AND/OR RESULTING FROM A VIOLATION OF THIS EULA.

LICENSE EFFECTIVE DATE AND TERMINATION

The EULA is determined effective from the earlier of the date You download, install or use the Product.

This EULA will terminate automatically: (i) if You fail to comply with any of the terms and conditions of this EULA; (ii) if You destroy and/or uninstall the Product.

Upon termination for any reason, You must immediately uninstall the Product and destroy all copies of the Product in Your possession.

APPLICABLE LAW AND DISPUTE RESOLUTION

The development of this End User License Agreement and the use of the Product are governed by the laws of the Republic of Ireland (applicable laws).

To the extent permitted by applicable laws, this EULA and any disputes or claims arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with the laws of the Republic of Ireland.

You irrevocably agree that the courts of the Republic of Ireland have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the EULA or its subject matter or formation (including non-contractual disputes or claims).

COLLECTION OF PERSONAL DATA AND INFORMATION

When You use the Product, We do not collect, store or process the personal data about you. However, we may collect, store or process the personal data about you when you visit our website https://frogwares.com/.

The Product includes a link, so when You start using the Product, you may click this link and you are transferred to Our website https://frogwares.com/. Further details regarding the collection, processing and transfer of Your data are described in Our Privacy Notice, available online at https://frogwares.com/privacy-policy/.

MISCELLANEOUS

If any court of competent jurisdiction or competent authority finds that any provision of this EULA is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted herewith, the validity and enforceability of the other provisions of this EULA shall not be affected.

If You have questions regarding the downloading, installing or using the Product or any other questions concerning this EULA, you may contact the Company at the following address: info@frogwares.com and we will try to respond You as soon as reasonably possible.