| Language: |
This End User License Agreement ("Agreement") is a legal agreement between you (either an individual or a single entity) and Paper Cactus Game PTY, LTD ("Paper Cactus Games") for the alpha testing of the software product provided by the Company ("Fox and Shadow"). By participating in the alpha testing program, you agree to be bound by the terms of this Agreement. By agreeing to be bound by this EULA, you warrant to us that you are at least 18 years of age; if you are not, you must not use the Game.
This EULA should be read in conjunction with our privacy policy, which is available at https://www.papercactusgames.com/legal/privacypolicy and the Steam subscriber agreement, which is avaliable at https://discordapp.com/channels/@me/771491835473559582/1229307652106878996.
1. Definitions:
"EULA" means this end user licence agreement, including any amendments to this end user licence agreement from time to time;
"Force Majeure Event" means an event, or a series of related events, that is outside the reasonable control of the party affected (including failures of the internet or any public telecommunications network, hacker attacks, denial of service attacks, virus or other malicious software attacks or infections, power failures, industrial disputes affecting any third party, changes to the law, disasters, epidemics, pandemics, explosions, fires, floods, riots, terrorist attacks and wars);
"Game" means Fox and Shadow, as modified, patched, updated and upgraded from time to time by or with the authorisation of the Licensor;
"Intellectual Property Rights" means all intellectual property rights wherever in the world, whether registrable or unregistrable, registered or unregistered, including any application or right of application for such rights (and these "intellectual property rights" include copyright and related rights, database rights, confidential information, trade secrets, know-how, business names, trade names, trade marks, service marks, passing off rights, unfair competition rights, patents, petty patents, utility models, semi-conductor topography rights and rights in designs);
"Licensor" means Paper Cactus Games, a company incorporated in Australia (registration number 72647258151) having its registered office at 26 Torrens St, Mitcham SA;
"Permitted Hardware" means any desktop, laptop or tablet computer that is owned by and in the physical control of the User;
"Term" means the term of this EULA, commencing in accordance with Clause 2.1 and ending in accordance with Clause 2.2; and
"User" means the person to whom the Licensor grants a right to use the Game under this EULA in accordance with the preamble to this EULA.
2.Terms
2.1 This EULA shall come into force upon the Effective Date.
2.2 This EULA shall continue in force indefinitely, subject to termination in accordance with Clause 10 or any other provision of this EULA.
3. Testing Licence
In addition to the terms listed in the Steam Subscriber Agreement, you accept that:
3.1 Access to this Software is to be provided as a Beta Software License as described in a Steam Subscriber Agreement
3.2 This license is being provided purely for the purpose of identifying defects in the software and does not represent the final product
3.3 The User may permit the family members and friends of the User to use the User's installation of the Game on the Permitted Hardware; providing that the User must not allow any other person or persons to use the Game.
3.4 Any licence granted to the User under this Clause 4 shall be subject to the following prohibitions:
the User must not sell, resell, rent, lease, loan, license, sub-license, gift, supply, transfer, publish, distribute or redistribute the Game;
the User must not make the Game available for download or access by others;
the User must not commercially exploit the Game or use the Game to provide any service (including using the Game at an internet cafe or computer gaming centre);
the User must not use the Game in connection with any marketing, advertising or promotional activity;
the User must not modify, alter, edit, adapt or create derivative works of the Game;
the User must not decompile, de-obfuscate or reverse engineer, or attempt to decompile, de-obfuscate or reverse engineer, the Game;
the User must not delete, remove, disable or circumvent any security protection measures or proprietary notices in or associated with the Game; and
the User must not import or export the Game, or otherwise use the Game, in contravention of any applicable laws,
4. User Obligations
The User agrees to the following terms
4.1 Test, evaluate, and analyze the Game and specific aspects of it as directed by Licensor, which may include, but is not limited to the Game’s operations, features, functions, capabilities, performance, documentation, and installation, and you agree to comply with all reasonable requests made by the Paper Cactus Games regarding such testing, evaluation, and analysis.
4.2 Provide feedback, analysis, suggestions, bug reports, error reports, defect reports, and comments to Paper Cactus Games throughout the test in the form specified from time to time by Paper Cactus Games(collectively, “Feedback”).
4.3 That during the current stage in testing the user will not publicly redistribute any screenshots, videos, audio or similar content generated throughout the course of engaging with this software without the express permission of Paper Cactus Games Pty Ltd.
5.Intellectual Property Rights
5.1 Nothing in this EULA shall constitute an assignment or transfer of any Intellectual Property Rights of the Paper Cactus Games.
5.2 Save to the extent expressly provided otherwise in this EULA, all the Intellectual Property Rights and other rights in:
the Game;
6. Relationship to Paper Cactus Games
6.1 Nothing in this Agreement is intended to constitute or create an express or implied partnership, joint venture, employee, contractor, agency, or other legal relationship between you and Paper Cactus Games and your participation in the Test does not constitute an offer of employment.
6.2 Do not represent yourself as an officer, employee, contractor, or agent of Paper Cactus Games.
7. Warranties
7.1 If the Licensor reasonably determines, or any third party alleges, that the use of the Game by the User in accordance with this EULA infringes any person's Intellectual Property Rights, the Licensor may acting reasonably at its own cost and expense:
modify the Game in such a way that it no longer infringes the relevant Intellectual Property Rights; or
procure for the User the right to use the Game in accordance with this EULA.
7.2 The user warrants to Paper Cactus Games that it has the legal right and authority to enter into this EULA and to preform its obligations under this EUlA.
7.3 All of the parties' warranties and representations in respect of the subject matter of this EULA are expressly set out in this EULA. To the maximum extent permitted by applicable law, no other warranties or representations concerning the subject matter of this EULA will be implied into this EULA or any related contract.
8.Acknowledgements and warranty limitations
8.1 The User acknowledges that the use of the Game will require computer hardware and software meeting the minimum requirements specified by the Paper Cactus Games. The User further acknowledges that, as the Game is updated, those requirements may change and, accordingly, the Game may cease to function on the hardware of the User.
8.2 The User acknowledges that complex software has not been fully tested and may contain material defects or deficiencies.; and the Paper Cactus Games gives no warranty or representation that the Game will be wholly free from defects, errors and bugs.
8.3 The User acknowledges that complex software is never entirely free from security vulnerabilities; and the Paper Cactus Games gives no warranty or representation that the Game will be entirely secure.
9. Termination
9.1This EULA shall immediately and automatically terminate if the User commits any breach of this EULA.
10.Effects of termination
10.1 Upon the termination of this EULA, all of the provisions of this EULA shall cease to have effect, save that the following provisions of this EULA shall survive and continue to have effect (in accordance with their express terms or otherwise indefinitely): Clauses 1, 5, 9, 11 and 15.
10.2 Except to the extent expressly provided otherwise in this EULA, the termination of this EULA shall not affect the accrued rights of either party.
10.3 For the avoidance of doubt, all licences granted to the User under this EULA shall terminate upon the termination of this EULA. Accordingly, the User must immediately cease to use the Game and all other works and materials licensed to the User under this EULA upon the termination of this EULA.
10.4 Within 2 days following the date of effective termination of this EULA, the User must irreversibly delete or destroy all copies of the Game and all copies of all other works and materials licensed to the User under this EULA in the possession or control of the User.
11.General
11.1 No breach of any provision of this EULA shall be waived except with the express written consent of the party not in breach.
11.2 If any provision of this EULA is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions of this EULA will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the parties, in which case the entirety of the relevant provision will be deemed to be deleted).
11.3 The Licensor may vary this EULA by giving to the User at least 30 days' prior written notice of the variation or by updating the version of this EULA published on its website. The continued use of the Game by the User following any such variation constitutes the acceptance by the User of that variation. Subject to this, this EULA may only be varied by a written document signed by or on behalf of each of the parties.
11.4 The User hereby agrees that the Licensor may assign the Licensor's contractual rights and obligations under this EULA to any third party - providing that such action does not serve to reduce the guarantees benefiting the User under this EULA. Save to the extent expressly permitted by applicable law, the User must not without the prior written consent of the Licensor assign, transfer or otherwise deal with any of the User's contractual rights or obligations under this EULA.
11.5 This EULA is made for the benefit of the parties, and is not intended to benefit any third party or be enforceable by any third party. The rights of the parties to terminate, rescind, or agree to any amendment, waiver, variation or settlement under or relating to this EULA are not subject to the consent of any third party.
11.6 Subject to Clause 12.1, this EULA shall constitute the entire agreement between the parties in relation to the subject matter of this EULA, and shall supersede all previous agreements, arrangements and understandings between the parties in respect of that subject matter.
11.7 This EULA shall be governed by and construed in accordance with Australian Law.
11.8 Subject to any mandatory requirements of applicable law, the courts of Australia shall have exclusive jurisdiction to adjudicate any dispute arising under or in connection with this EULA.
12. Credit
12.1 This document was created using a template from Docular (https://docular.net).
This EULA should be read in conjunction with our privacy policy, which is available at https://www.papercactusgames.com/legal/privacypolicy and the Steam subscriber agreement, which is avaliable at https://discordapp.com/channels/@me/771491835473559582/1229307652106878996.
1. Definitions:
"EULA" means this end user licence agreement, including any amendments to this end user licence agreement from time to time;
"Force Majeure Event" means an event, or a series of related events, that is outside the reasonable control of the party affected (including failures of the internet or any public telecommunications network, hacker attacks, denial of service attacks, virus or other malicious software attacks or infections, power failures, industrial disputes affecting any third party, changes to the law, disasters, epidemics, pandemics, explosions, fires, floods, riots, terrorist attacks and wars);
"Game" means Fox and Shadow, as modified, patched, updated and upgraded from time to time by or with the authorisation of the Licensor;
"Intellectual Property Rights" means all intellectual property rights wherever in the world, whether registrable or unregistrable, registered or unregistered, including any application or right of application for such rights (and these "intellectual property rights" include copyright and related rights, database rights, confidential information, trade secrets, know-how, business names, trade names, trade marks, service marks, passing off rights, unfair competition rights, patents, petty patents, utility models, semi-conductor topography rights and rights in designs);
"Licensor" means Paper Cactus Games, a company incorporated in Australia (registration number 72647258151) having its registered office at 26 Torrens St, Mitcham SA;
"Permitted Hardware" means any desktop, laptop or tablet computer that is owned by and in the physical control of the User;
"Term" means the term of this EULA, commencing in accordance with Clause 2.1 and ending in accordance with Clause 2.2; and
"User" means the person to whom the Licensor grants a right to use the Game under this EULA in accordance with the preamble to this EULA.
2.Terms
2.1 This EULA shall come into force upon the Effective Date.
2.2 This EULA shall continue in force indefinitely, subject to termination in accordance with Clause 10 or any other provision of this EULA.
3. Testing Licence
In addition to the terms listed in the Steam Subscriber Agreement, you accept that:
3.1 Access to this Software is to be provided as a Beta Software License as described in a Steam Subscriber Agreement
3.2 This license is being provided purely for the purpose of identifying defects in the software and does not represent the final product
3.3 The User may permit the family members and friends of the User to use the User's installation of the Game on the Permitted Hardware; providing that the User must not allow any other person or persons to use the Game.
3.4 Any licence granted to the User under this Clause 4 shall be subject to the following prohibitions:
the User must not sell, resell, rent, lease, loan, license, sub-license, gift, supply, transfer, publish, distribute or redistribute the Game;
the User must not make the Game available for download or access by others;
the User must not commercially exploit the Game or use the Game to provide any service (including using the Game at an internet cafe or computer gaming centre);
the User must not use the Game in connection with any marketing, advertising or promotional activity;
the User must not modify, alter, edit, adapt or create derivative works of the Game;
the User must not decompile, de-obfuscate or reverse engineer, or attempt to decompile, de-obfuscate or reverse engineer, the Game;
the User must not delete, remove, disable or circumvent any security protection measures or proprietary notices in or associated with the Game; and
the User must not import or export the Game, or otherwise use the Game, in contravention of any applicable laws,
4. User Obligations
The User agrees to the following terms
4.1 Test, evaluate, and analyze the Game and specific aspects of it as directed by Licensor, which may include, but is not limited to the Game’s operations, features, functions, capabilities, performance, documentation, and installation, and you agree to comply with all reasonable requests made by the Paper Cactus Games regarding such testing, evaluation, and analysis.
4.2 Provide feedback, analysis, suggestions, bug reports, error reports, defect reports, and comments to Paper Cactus Games throughout the test in the form specified from time to time by Paper Cactus Games(collectively, “Feedback”).
4.3 That during the current stage in testing the user will not publicly redistribute any screenshots, videos, audio or similar content generated throughout the course of engaging with this software without the express permission of Paper Cactus Games Pty Ltd.
5.Intellectual Property Rights
5.1 Nothing in this EULA shall constitute an assignment or transfer of any Intellectual Property Rights of the Paper Cactus Games.
5.2 Save to the extent expressly provided otherwise in this EULA, all the Intellectual Property Rights and other rights in:
the Game;
- the works and materials comprised in the Game; and
- any other software or services of the Licensor, are hereby reserved to the Licensor and its licensors.
6. Relationship to Paper Cactus Games
6.1 Nothing in this Agreement is intended to constitute or create an express or implied partnership, joint venture, employee, contractor, agency, or other legal relationship between you and Paper Cactus Games and your participation in the Test does not constitute an offer of employment.
6.2 Do not represent yourself as an officer, employee, contractor, or agent of Paper Cactus Games.
7. Warranties
7.1 If the Licensor reasonably determines, or any third party alleges, that the use of the Game by the User in accordance with this EULA infringes any person's Intellectual Property Rights, the Licensor may acting reasonably at its own cost and expense:
modify the Game in such a way that it no longer infringes the relevant Intellectual Property Rights; or
procure for the User the right to use the Game in accordance with this EULA.
7.2 The user warrants to Paper Cactus Games that it has the legal right and authority to enter into this EULA and to preform its obligations under this EUlA.
7.3 All of the parties' warranties and representations in respect of the subject matter of this EULA are expressly set out in this EULA. To the maximum extent permitted by applicable law, no other warranties or representations concerning the subject matter of this EULA will be implied into this EULA or any related contract.
8.Acknowledgements and warranty limitations
8.1 The User acknowledges that the use of the Game will require computer hardware and software meeting the minimum requirements specified by the Paper Cactus Games. The User further acknowledges that, as the Game is updated, those requirements may change and, accordingly, the Game may cease to function on the hardware of the User.
8.2 The User acknowledges that complex software has not been fully tested and may contain material defects or deficiencies.; and the Paper Cactus Games gives no warranty or representation that the Game will be wholly free from defects, errors and bugs.
8.3 The User acknowledges that complex software is never entirely free from security vulnerabilities; and the Paper Cactus Games gives no warranty or representation that the Game will be entirely secure.
9. Termination
9.1This EULA shall immediately and automatically terminate if the User commits any breach of this EULA.
10.Effects of termination
10.1 Upon the termination of this EULA, all of the provisions of this EULA shall cease to have effect, save that the following provisions of this EULA shall survive and continue to have effect (in accordance with their express terms or otherwise indefinitely): Clauses 1, 5, 9, 11 and 15.
10.2 Except to the extent expressly provided otherwise in this EULA, the termination of this EULA shall not affect the accrued rights of either party.
10.3 For the avoidance of doubt, all licences granted to the User under this EULA shall terminate upon the termination of this EULA. Accordingly, the User must immediately cease to use the Game and all other works and materials licensed to the User under this EULA upon the termination of this EULA.
10.4 Within 2 days following the date of effective termination of this EULA, the User must irreversibly delete or destroy all copies of the Game and all copies of all other works and materials licensed to the User under this EULA in the possession or control of the User.
11.General
11.1 No breach of any provision of this EULA shall be waived except with the express written consent of the party not in breach.
11.2 If any provision of this EULA is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions of this EULA will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the parties, in which case the entirety of the relevant provision will be deemed to be deleted).
11.3 The Licensor may vary this EULA by giving to the User at least 30 days' prior written notice of the variation or by updating the version of this EULA published on its website. The continued use of the Game by the User following any such variation constitutes the acceptance by the User of that variation. Subject to this, this EULA may only be varied by a written document signed by or on behalf of each of the parties.
11.4 The User hereby agrees that the Licensor may assign the Licensor's contractual rights and obligations under this EULA to any third party - providing that such action does not serve to reduce the guarantees benefiting the User under this EULA. Save to the extent expressly permitted by applicable law, the User must not without the prior written consent of the Licensor assign, transfer or otherwise deal with any of the User's contractual rights or obligations under this EULA.
11.5 This EULA is made for the benefit of the parties, and is not intended to benefit any third party or be enforceable by any third party. The rights of the parties to terminate, rescind, or agree to any amendment, waiver, variation or settlement under or relating to this EULA are not subject to the consent of any third party.
11.6 Subject to Clause 12.1, this EULA shall constitute the entire agreement between the parties in relation to the subject matter of this EULA, and shall supersede all previous agreements, arrangements and understandings between the parties in respect of that subject matter.
11.7 This EULA shall be governed by and construed in accordance with Australian Law.
11.8 Subject to any mandatory requirements of applicable law, the courts of Australia shall have exclusive jurisdiction to adjudicate any dispute arising under or in connection with this EULA.
12. Credit
12.1 This document was created using a template from Docular (https://docular.net).