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End User License Agreement
This End User License Agreement (the "Agreement") is a legally binding agreement between you (the "User") and Skald Software Pty. Ltd (the "Publisher") regarding the use of the game software titled "Blightlands Blacksmith" (the "Game"), distributed on the Steam platform. By installing, copying, or otherwise using the Game, you agree to be bound by the terms of this Agreement.
1. License Grant
1.1. Subject to your compliance with the terms and conditions of this Agreement, the Publisher grants you a non-exclusive, non-transferable, limited license to install and use the Game solely for personal, non-commercial purposes.
1.2. This license permits you to use the Game on any computer or device you own or control, provided that you comply with the usage restrictions set forth in this Agreement.
2. Ownership
2.1. The Game, including all intellectual property rights therein, is and shall remain the exclusive property of the Publisher. The Game is protected by copyright laws and international treaties.
2.2. This Agreement does not grant you any ownership or intellectual property rights in the Game, except for the limited license explicitly granted herein.
3. Restrictions
3.1. You shall not, directly or indirectly: a) Sell, rent, lease, sublicense, distribute, or otherwise commercially exploit the Game; b) Modify, adapt, translate, reverse engineer, decompile, or disassemble the Game, except to the extent permitted by applicable law; c) Remove, alter, or obscure any copyright, trademark, or other proprietary notices contained in or on the Game; d) Use the Game for any illegal, unauthorized, or prohibited purposes; e) Use the Game to create derivative works, unless expressly authorized in writing by the Publisher.
4. Updates and Modifications 4.1. The Publisher may provide updates, patches, or modifications to the Game at its discretion. Such updates may be automatic or require manual installation. 4.2. The terms of this Agreement shall apply to any updates, patches, or modifications provided by the Publisher, unless separate terms are provided with such updates.
5. Termination
5.1. This Agreement is effective until terminated. You may terminate this Agreement at any time by uninstalling and ceasing to use the Game.
5.2. The Publisher may terminate this Agreement immediately without notice if you breach any of the terms herein.
5.3. Upon termination, you must uninstall and destroy all copies of the Game in your possession or control.
6. Limitation of Liability
6.1. The Game is provided on an "as is" and "as available" basis. The Publisher does not warrant that the Game will be error-free or uninterrupted, and disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
6.2. The Publisher cannot guarantee that the Game will be suitable for all individuals. Some individuals may be susceptible to epileptic fits or seizures when exposed to certain visual stimuli, such as flashing lights or patterns that may appear in the Game. If you, or anyone using the Game, have a history of epilepsy or seizures, it is recommended that you consult a medical professional before using the Game.
6.3. The Publisher shall not be held responsible for any epileptic fits, seizures, or any other injury, harm, or damages resulting from the use of the Game. By using the Game, you acknowledge and accept the small chance of experiencing epileptic fits or seizures and agree to indemnify and hold the Publisher harmless from any such claims, demands, or damages.
6.4 Blightlands Blackmisth 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. Skald Software, 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, Skald Software, Epic, and Epic’s affiliates make no warranty that (1) any of the Epic Materials will operate properly, including as integrated in the Blightlands Blackmisth, (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 Blightlands Blackmisth, or will not revoke approval of this Blightlands Blackmisth 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 Skald Software and Epic. Skald Software, 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.
6.5 To the maximum extent permitted by applicable law, neither Skald Software, Epic, Epic’s licensors, nor its or their affiliates, nor any of Skald Software’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 EULA, 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 Skald Software, Epic, Epic’s licensors, nor its or their affiliates, nor any of Skald Software’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 EULA or the Epic Materials, or the delay or inability to use or lack of functionality of the Epic Materials, even in the event of Skald Software’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 Skald Software, 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.
6.6 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 Skald Software, Epic, Epic’s licensors, its and their affiliates, and any of Skald Software’s or Epic’s service providers shall be limited to the full extent permitted by law.
7. Governing Law and Dispute Resolution
7.1. This Agreement shall be governed by and construed in accordance with the laws of the jurisdiction where the Publisher is located.
7.2. Any disputes arising out of or in connection with this Agreement shall be resolved through good faith negotiations between the parties. If a resolution cannot be reached, the dispute shall be subject to the exclusive jurisdiction of the competent courts
This End User License Agreement (the "Agreement") is a legally binding agreement between you (the "User") and Skald Software Pty. Ltd (the "Publisher") regarding the use of the game software titled "Blightlands Blacksmith" (the "Game"), distributed on the Steam platform. By installing, copying, or otherwise using the Game, you agree to be bound by the terms of this Agreement.
1. License Grant
1.1. Subject to your compliance with the terms and conditions of this Agreement, the Publisher grants you a non-exclusive, non-transferable, limited license to install and use the Game solely for personal, non-commercial purposes.
1.2. This license permits you to use the Game on any computer or device you own or control, provided that you comply with the usage restrictions set forth in this Agreement.
2. Ownership
2.1. The Game, including all intellectual property rights therein, is and shall remain the exclusive property of the Publisher. The Game is protected by copyright laws and international treaties.
2.2. This Agreement does not grant you any ownership or intellectual property rights in the Game, except for the limited license explicitly granted herein.
3. Restrictions
3.1. You shall not, directly or indirectly: a) Sell, rent, lease, sublicense, distribute, or otherwise commercially exploit the Game; b) Modify, adapt, translate, reverse engineer, decompile, or disassemble the Game, except to the extent permitted by applicable law; c) Remove, alter, or obscure any copyright, trademark, or other proprietary notices contained in or on the Game; d) Use the Game for any illegal, unauthorized, or prohibited purposes; e) Use the Game to create derivative works, unless expressly authorized in writing by the Publisher.
4. Updates and Modifications 4.1. The Publisher may provide updates, patches, or modifications to the Game at its discretion. Such updates may be automatic or require manual installation. 4.2. The terms of this Agreement shall apply to any updates, patches, or modifications provided by the Publisher, unless separate terms are provided with such updates.
5. Termination
5.1. This Agreement is effective until terminated. You may terminate this Agreement at any time by uninstalling and ceasing to use the Game.
5.2. The Publisher may terminate this Agreement immediately without notice if you breach any of the terms herein.
5.3. Upon termination, you must uninstall and destroy all copies of the Game in your possession or control.
6. Limitation of Liability
6.1. The Game is provided on an "as is" and "as available" basis. The Publisher does not warrant that the Game will be error-free or uninterrupted, and disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
6.2. The Publisher cannot guarantee that the Game will be suitable for all individuals. Some individuals may be susceptible to epileptic fits or seizures when exposed to certain visual stimuli, such as flashing lights or patterns that may appear in the Game. If you, or anyone using the Game, have a history of epilepsy or seizures, it is recommended that you consult a medical professional before using the Game.
6.3. The Publisher shall not be held responsible for any epileptic fits, seizures, or any other injury, harm, or damages resulting from the use of the Game. By using the Game, you acknowledge and accept the small chance of experiencing epileptic fits or seizures and agree to indemnify and hold the Publisher harmless from any such claims, demands, or damages.
6.4 Blightlands Blackmisth 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. Skald Software, 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, Skald Software, Epic, and Epic’s affiliates make no warranty that (1) any of the Epic Materials will operate properly, including as integrated in the Blightlands Blackmisth, (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 Blightlands Blackmisth, or will not revoke approval of this Blightlands Blackmisth 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 Skald Software and Epic. Skald Software, 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.
6.5 To the maximum extent permitted by applicable law, neither Skald Software, Epic, Epic’s licensors, nor its or their affiliates, nor any of Skald Software’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 EULA, 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 Skald Software, Epic, Epic’s licensors, nor its or their affiliates, nor any of Skald Software’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 EULA or the Epic Materials, or the delay or inability to use or lack of functionality of the Epic Materials, even in the event of Skald Software’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 Skald Software, 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.
6.6 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 Skald Software, Epic, Epic’s licensors, its and their affiliates, and any of Skald Software’s or Epic’s service providers shall be limited to the full extent permitted by law.
7. Governing Law and Dispute Resolution
7.1. This Agreement shall be governed by and construed in accordance with the laws of the jurisdiction where the Publisher is located.
7.2. Any disputes arising out of or in connection with this Agreement shall be resolved through good faith negotiations between the parties. If a resolution cannot be reached, the dispute shall be subject to the exclusive jurisdiction of the competent courts