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IMPORTANT PLEASE READ THESE END USER LICENCE TERMS CAREFULLY
Thank you for buying a license to “Deidthraw”. In order to play, you (“you” or “User”) must first agree to this end user licence agreement (“Licence”) between you and the developer Matthew Glen, a sole trader, trading as “Sonedreim” (“Licensor”, “we”, “our” or “us”).
This End User Licence agreement, “Licence” or “EULA” is a legal agreement between you and us for your access and use of the “Deidthraw” game, which includes computer software, written files, electronic or on-line materials or documentation, any and all copies of such software and materials, and any and all changes and modifications that may be made to the game by us or our authorised parties from time to time (the “Software”).
We only license access and use of the Software to you on the basis of this Licence. We do not sell the Software or transfer ownership of the Software to you. We and our licensors remain owners of the Software and/or any of its components at all times.
This Licence is made available to you for reading and viewing prior to purchase via the applicable third-party distribution web and store pages.
PLEASE READ THIS USER AGREEMENT CAREFULLY. WE SPECIFICALLY CALL YOUR ATTENTION TO CONDITIONS 5, 6 & 7 BELOW THAT DEAL WITH OUR AND OUR LICENSORS’ LIABILITY TO YOU.
By clicking to “Accept” or “Agree” when prompted at the end of or below this Licence, and by continuing to use the Software, you represent and warrant that:
• you have read this Licence and you understand its terms;
• you are aware of, and comply with, any requirements that may be imposed in relation to the Software by any distributors, resellers or third-party platforms. The Licensor is not in control of, nor responsible for, any purchases from or through such third parties, or their own terms. You should read any such third-party terms, and contact the relevant third-party distributor, reseller or platform, as appropriate, in relation to any purchases and exercise of your consumer rights (See condition 10 below);
• all information provided by you while registering for, or the using, the Software is truthful and accurate; and
• you agree to be bound, and continue to be bound, by this Licence, or you have obtained consent of your parent or legal guardian if you are under the age of 18 (or, if you are in Scotland, under the age of 16).
Once you accept this Licence, you will be contractually bound to the terms below, which shall govern all aspects of your use of the Software. You also acknowledge that this Licence may be updated at any time in our sole discretion, and your continuous use of the Software constitutes your acceptance of such changes and agreement to be bound by such updated terms.
IF YOU DO NOT AGREE WITH ANY TERMS OF THIS LICENCE OR WITH ANY SUBSEQUENT CHANGES MADE TO THIS LICENCE, YOU MUST IMMEDIATELY STOP USING THE SOFTWARE.
You must be at least 13 years old to access and use the Software.
SYSTEM REQUIREMENTS: You acknowledge that the use of the Software requires certain equipment, software and/or internet connectivity, and you agree that you are solely and entirely responsible for attaining and paying all costs and fees associated with attaining, maintaining, servicing and repairing such equipment, software and internet connectivity necessary for you to access and/or use, and keep accessing and/or using the Software.
You also acknowledge that the equipment, software and connectivity required to use the Software may change over time and agree that we will have sole discretion to decide as to what changes to your system requirements might be necessary to keep using the Software.
Software requirements can be found in the associated online materials included as part of the Software and will be available for view via applicable third-party gaming distribution platform.
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AGREED TERMS
1. LICENCE, MINOR CHANGES AND UPDATES
1.1 In consideration of you agreeing to abide by the terms of this Licence, the Licensor hereby grants to you a non-exclusive, non-transferable, revocable, and royalty-free limited licence, to access, install and run one copy of the Software for your personal non-commercial use for gameplay on a single game platform (e.g. computer, or gaming console) as intended by us. The term of your license under this Licence shall commence on the date that you install or otherwise use the Software and end on the date of the termination of this Licence (see below).
1.2 You may:
(a) install and use the Software for your personal purposes only on one device (whether computer or any gaming console) or under one personal account;
(b) provided it is used at any one time on only one computer owned or leased by you, transfer the Software from one computer to another;
(c) receive and use any free supplementary software code or update of the Software incorporating “patches”, corrections of errors and incorporation of additional functionalities (“Updates”) as may be provided by us or our authorized third parties from time to time (but see condition 1.3 below); and
(d) use any documentation and materials provided by us in support of the use permitted under condition 1.2.
1.3 We may, without any prior notice to you, update, or require you to update, the Software to address bugs, introduce fixes, or remove certain content or functionality to reflect any technical or legal requirements and/or obligations to our licensors, or for any other similar reasons. For the avoidance of doubt, nothing in this Licence obliges us to issue any Update of the Software at any time.
2. RESTRICTIONS
2.1 The Game is a carefully created interactive software designed to provide the maximum level of enjoyment for the players. In order to ensure an enjoyable experience of the game, and to protect the intellectual property rights of Sonedreim and our respective licensors, the activities identified in this condition 2 (“Restrictions”) are strictly prohibited and violate the conditions of your use of the Software. Any use of the Software in violation of such Restrictions constitutes infringement of your license and is a ground for immediate revocation and termination by us of this Licence. Any use of the Software after your license is revoked or terminated, infringes Sonedreim's intellectual property rights in the Software and may entitle us to seek legal remedies in order to protect our rights. Except as expressly set out in this Licence or as permitted by any local law, you undertake:
(a) not to commercially exploit the Software;
(b) not to use any copy of the Software at a computer gaming center or any other location-based site, provided that we may offer you a separate license agreement to make the Software available for such commercial use;
(c) not to copy, hack, reproduce, translate, reverse engineer, derive source code from, decompile or modify, disassemble, or create derivative works based upon, in whole or in part, the Software;
(d) not to rent, transfer, lease, sub-license, loan, translate, merge, adapt, vary, alter or modify, the whole or any part of the Software, nor permit the Software or any part of it to be combined with, or become incorporated in, any other programs;
(e) not to remove or modify any proprietary notices, marks, or labels contained on or within the Software;
(f) not to violate applicable technology control or export laws and regulations;
(g) not to create or use any cheats, bots, automation software, hacks, mods or any other unauthorised software designed to modify the Software and game play; and
(h) not intercept, mine or otherwise collect information from the Software using any third-party software (unless specifically authorized by us).
3. INTELLECTUAL PROPERTY RIGHTS
3.1 You acknowledge that all intellectual property rights in the Software and its components throughout the world belong to us and/or our licensors, that rights in the Software are licensed (not sold) to you, and that you have no intellectual property rights in, or to, the Software other than the right to use the Software in accordance with the terms of this Licence.
3.2 You acknowledge that you have no right to have access to the Software in source code form other than as expressly provided in this Licence.
4. USER GENERATED CONTENT
4.1 You may provide us with any information, comments, suggestions, and feedback in relation to the Software (the “User Generated Content”).
4.2 In exchange for use of the Software, and to the extent that your contributions through use of the Software give rise to any copyright interest or other intellectual property rights, you hereby grant us an non-exclusive, perpetual, irrevocable, paid-up, royalty-free, fully transferable, and sub-licensable worldwide right and license to use your User Generated Content for our internal business and marketing purposes, including, but not limited to, the rights to reproduce, copy, adapt, modify, perform, display, publish, broadcast, transmit, or otherwise communicate to the public the User Generated Content by any means, and to distribute your User Generated Content without any further notice or compensation to you of any kind.
4.3 You hereby waive, to the extent they arise, any moral rights or other similar rights as applicable in the world with respect to Licensor's and other players' use and enjoyment of such assets in connection with the Software and related goods and services under applicable law. PLEASE NOTE THAT WAIVER OF ANY MORAL RIGHTS MAY HAVE SERIOUS IMPLICATIONS FOR YOU AND WE ENCOURAGE YOU TO CONSIDER YOUR LEGAL RIGHTS AND OBLIGATIONS IN THIS RESPECT.
4.4 This license in relation to the User Generated Content, and terms above regarding any applicable moral rights, will survive any termination of this Licence.
5. WARRANTY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, (A) WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, REPRESENTATIONS, CONDITIONS OR TERMS, EXPRESS OR IMPLIED, REGARDING THE SOFTWARE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES, CONDITIONS OR TERMS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, TITLE, AND NONINFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY AND OTHER RIGHTS; AND (B) WE MAKE THE SOFTWARE AVAILABLE "AS IS" WITHOUT ANY FURTHER WARRANTIES OR REPRESENTATIONS OF ANY KIND, INCLUDING THAT THE SOFTWARE OR YOUR ABILITY TO USE IT WILL BE UNINTERRUPTED OR ERROR-FREE AT ALL TIMES.
6. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
6.1 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
6.2 WE ARE NOT RESPONSIBLE FOR INDIRECT OR SO-CALLED “CONSEQUENTIAL” LOSSES WHICH HAPPEN AS A SIDE EFFECT OF THE MAIN LOSS OR DAMAGE AND WHICH ARE NOT FORESEEABLE BY YOU AND US INCLUDING BUT NOT LIMITED TO: (A) LOSS OF INCOME OR REVENUE (B) LOSS OF BUSINESS (C) LOSS OF PROFITS OR CONTRACTS (D) LOSS OF ANTICIPATED SAVINGS (E) LOSS OF OPPORTUNITY (F) LOSS OF DATA.
6.3 WE SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OR DOWNLOADING OF THE SOFTWARE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT, WHERE: (A) YOU HAVE USED THE SOFTWARE NOT IN ACCORDANCE WITH, OR IN BREACH OF, THIS AGREEMENT, OR (B) YOU HAVE USED THE SOFTWARE TOGETHER WITH OTHER SOFTWARE OR PROGRAMMS NOT AUTHORISED BY US.
6.4 TO THE FULLEST EXTENT OF APPLICABLE LAW, OUR LIABILITY TO YOU FOR ALL DAMAGES AND LOSSES ARISING FROM OR IN CONNECTION YOUR USE OF THE SOFTWARE OR OTHERWISE IN CONNECTION WITH THIS LICENCE IS HEREBY EXCLUDED.
6.5 You agree to pay and reimburse us in full for the amount of all costs, fees, expenses, damages, penalties, liabilities and other losses which we and our subsidiaries, affiliates, partners, officers, employees incur or suffer due to your usage of the Software in breach of this Licence, your engagement in Prohibited Activities, and/or arising out of or related to content you submit, post, link to, transmit, or make available through or in connection with the Software, or your violation of any applicable laws.
6.6 You acknowledge that the Software has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Software as described in any supplemental documentation or associated manual meet your requirements.
7. DISCLAIMER RELATING TO THIRD-PARTY SOFTWARE
7.1 The Software includes the third-party materials, including Unreal® Engine code and other code, materials, and information (the “Third Party Materials”) from our third-party licensors (the “Third Parties”). TO THE FULLEST EXTENT OF APPLICABLE LAW, ALL THIRD-PARTY MATERIALS ARE PROVIDED ON AN “AS IS” BASIS AND WITHOUT WARRANTY OF ANY KIND. LICENSOR, THIRD PARTIES, AND THIRD PARTIES’ AFFILIATES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, REPRESENTATIONS, CONDITIONS OR TERMS, EXPRESS OR IMPLIED, REGARDING THE THIRD PARTY MATERIALS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES, CONDITIONS OR TERMS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY AND OTHER RIGHTS.
7.2 TO THE FULLEST EXTENT OF APPLICABLE LAW, NEITHER LICENSOR, THIRD PARTIES, THEIR LICENSORS, NOR THEIR AFFILIATES, NOR ANY OF LICENSOR’S OR THIRD PARTIES’ SERVICE PROVIDERS, SHALL BE LIABLE IN ANY WAY FOR LOSS OR DAMAGE OF ANY KIND RESULTING FROM THE USE OR INABILITY TO USE THE THIRD PARTY MATERIALS OR OTHERWISE IN CONNECTION WITH THIS LICENCE, 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 LICENSOR, THIRD PARTIES, THIRD PARTIES’ LICENSORS, NOR THEIR AFFILIATES, NOR ANY OF LICENSOR’S OR THIRD PARTIES’ 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 LICENCE OR THE THIRD PARTY MATERIALS, OR THE DELAY OR INABILITY TO USE OR LACK OF FUNCTIONALITY OF THE THIRD PARTY MATERIALS, EVEN IN THE EVENT OF LICENSOR’S, THIRD PARTIES’, OR THIRD PARTIES’ AFFILIATES’ FAULT, DELICT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INDEMNITY, PRODUCT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY, OR OTHERWISE AND EVEN IF LICENSOR, THIRD PARTIES OR THIRD PARTIES’ AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7.3 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 Licensor, Third Parties, Third Parties’ licensors, their affiliates, and any of Licensor’s or Third Parties’ service providers shall be limited and excluded to the full extent permitted by law.
8. INTERNET CONNECTION AND DATA COLLECTION
8.1 The Software may require an internet connection to access internet-based features, authenticate the Software, or perform other functions.
8.2 We will not collect data in connection with your general use of the Software, including any personal data, as defined under UK Data Protection laws.
9. TERMINATION AND END-OF-LIFE USE
9.1 Either you or we may terminate this Licence at any time without notice.
9.2 We may terminate this Licence immediately if you commit a material or persistent breach of this Licence.
9.3 Without prejudice to your statutory rights as a consumer, which are unaffected, we reserve the right to discontinue publishing the Software in your country at any time, at which time this Licence will be terminated for all affected users.
9.4 Upon termination for any reason:
(a) all rights granted to you under this Licence shall cease;
(b) you must cease all activities authorised by this Licence; and
(c) you must immediately delete or remove the Software from all computer equipment in your possession and immediately destroy all copies of the Software then in your possession, custody or control and, in the case of destruction, we might require you to certify to us that you have done so.
9.5 Without prejudice to parties’ right to terminate this Licence as described above, you acknowledge that we may at some future date cease to maintain the Software (the “End-of-Life Date”) and we will use reasonable endeavours to notify you about such date. After such date, any of our obligations or warranties in relation to the Software shall cease and any use of the Software by you post End-of-Life Date shall be entirely at your own risk.
10. PLATFORM TERMS
10.1 If you have gained access to the Software via a third-party platform, distributor or reseller, such as Steam, (the “Third Party Platform”) then you might be required to agree to be bound by any Third-Party Platform associated terms, which may include but are not limited, to terms and conditions, privacy policy and cookie policy, as applicable.
10.2 If any terms found in the Third-Party Platform associated terms conflict with the terms in this Licence, then the terms of this Licence will take precedence in respect of your use of the Software only.
11. BETA AND EARLY ACCESS VERSIONS
11.1 If you have acquired a ‘beta’ or ‘early access’ version of the Software, the following additional rules and conditions apply:
(a) such versions are provided ‘as is’. You understand that they are a work in progress and the Licensor does not warrant or guarantee their functionality, nor will the Licensor bear any liability if the software is not working properly or causes issues with your system;
(b) Access and availability to such versions are time-limited, however you will be granted access to the full-release version of the Software once the ‘beta’ or ‘early access’ period has ended;
(c) Any duration of such ‘early’ access or ‘beta’ access, and any associated full-release dates, may be determined at our sole discretion;
(d) You may be asked to provide feedback to help us identify and understand issues that the Software encounters, and the Licensor will be free to use any feedback shared by you.
12. GENERAL TERMS
12.1 We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
12.2 This agreement does not give rise to any rights under the Contract (Third Party Rights) (Scotland) Act 2017 to enforce any term of this agreement.
12.3 If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
12.4 If any sentence or any provision of this Licence is determined by any court of competent jurisdiction to be invalid or unenforceable, such sentence or provision will be interpreted to the maximum extent to which it is valid and enforceable, all as determined by such court in such action, and the remaining sentences and provisions of this Licence will, nevertheless, continue in full force and effect without being impaired or invalidated in any way.
12.5 While the Software may be made available or accessible anywhere in the world, it is primarily meant to be accessed from, and distributed in, the United Kingdom. If you choose to access, download, and use the Software or any associated service from outside the United Kingdom, you are solely responsible for complying with your applicable local domestic laws, and international export laws and regulations that might apply to the Software, which may include restrictions on destinations, end users, and end use.
12.6 Prior to filing any formal legal action against us, we would like to informally resolve your grievance, so please contact us at inquiries@sonedreim.com. You agree to allow us thirty (30) days from the date we receive your correspondence to contact you to attempt to resolve the dispute. As previously described, The Licensor is not in control of, nor responsible for, any purchases from or through third parties or such third-party platforms terms and the provided email should not be contacted in relation to your consumer rights for purchases that are made via an applicable third-party platform/distributor.
12.7 Without prejudice to condition 12.6 above, these terms are governed by the laws of Scotland, you must bring legal proceedings exclusively in the Scottish courts. However, if you live in England, you can bring legal proceedings in respect of the product in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the product in either the Northern Irish or the Scottish courts.
12.8 The Licence terms as they are written and provided in the original English are to be regarded as the official meanings. Any other reference translations of the Licence made available are provided for user reference and convenience. The Licence and the meanings of the licences terms as they are written in the original English will thus in every regard take precedence during legal proceedings over any other available reference translations of the Licence.
BY CLICKING ON THE “ACCEPT”, “AGREE” OR EQUIVALENT BUTTON WHEN PROMPTED YOU AGREE TO THE TERMS OF THIS LICENCE WHICH WILL BIND YOU TO THEM.
IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENCE, CLICK ON THE APPROPRIATE “REJECT”, “DECLINE” OR EQUIVALENT BUTTON.
LAST UPDATED 15/09/2023
END OF TERMS
Thank you for buying a license to “Deidthraw”. In order to play, you (“you” or “User”) must first agree to this end user licence agreement (“Licence”) between you and the developer Matthew Glen, a sole trader, trading as “Sonedreim” (“Licensor”, “we”, “our” or “us”).
This End User Licence agreement, “Licence” or “EULA” is a legal agreement between you and us for your access and use of the “Deidthraw” game, which includes computer software, written files, electronic or on-line materials or documentation, any and all copies of such software and materials, and any and all changes and modifications that may be made to the game by us or our authorised parties from time to time (the “Software”).
We only license access and use of the Software to you on the basis of this Licence. We do not sell the Software or transfer ownership of the Software to you. We and our licensors remain owners of the Software and/or any of its components at all times.
This Licence is made available to you for reading and viewing prior to purchase via the applicable third-party distribution web and store pages.
PLEASE READ THIS USER AGREEMENT CAREFULLY. WE SPECIFICALLY CALL YOUR ATTENTION TO CONDITIONS 5, 6 & 7 BELOW THAT DEAL WITH OUR AND OUR LICENSORS’ LIABILITY TO YOU.
By clicking to “Accept” or “Agree” when prompted at the end of or below this Licence, and by continuing to use the Software, you represent and warrant that:
• you have read this Licence and you understand its terms;
• you are aware of, and comply with, any requirements that may be imposed in relation to the Software by any distributors, resellers or third-party platforms. The Licensor is not in control of, nor responsible for, any purchases from or through such third parties, or their own terms. You should read any such third-party terms, and contact the relevant third-party distributor, reseller or platform, as appropriate, in relation to any purchases and exercise of your consumer rights (See condition 10 below);
• all information provided by you while registering for, or the using, the Software is truthful and accurate; and
• you agree to be bound, and continue to be bound, by this Licence, or you have obtained consent of your parent or legal guardian if you are under the age of 18 (or, if you are in Scotland, under the age of 16).
Once you accept this Licence, you will be contractually bound to the terms below, which shall govern all aspects of your use of the Software. You also acknowledge that this Licence may be updated at any time in our sole discretion, and your continuous use of the Software constitutes your acceptance of such changes and agreement to be bound by such updated terms.
IF YOU DO NOT AGREE WITH ANY TERMS OF THIS LICENCE OR WITH ANY SUBSEQUENT CHANGES MADE TO THIS LICENCE, YOU MUST IMMEDIATELY STOP USING THE SOFTWARE.
You must be at least 13 years old to access and use the Software.
SYSTEM REQUIREMENTS: You acknowledge that the use of the Software requires certain equipment, software and/or internet connectivity, and you agree that you are solely and entirely responsible for attaining and paying all costs and fees associated with attaining, maintaining, servicing and repairing such equipment, software and internet connectivity necessary for you to access and/or use, and keep accessing and/or using the Software.
You also acknowledge that the equipment, software and connectivity required to use the Software may change over time and agree that we will have sole discretion to decide as to what changes to your system requirements might be necessary to keep using the Software.
Software requirements can be found in the associated online materials included as part of the Software and will be available for view via applicable third-party gaming distribution platform.
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AGREED TERMS
1. LICENCE, MINOR CHANGES AND UPDATES
1.1 In consideration of you agreeing to abide by the terms of this Licence, the Licensor hereby grants to you a non-exclusive, non-transferable, revocable, and royalty-free limited licence, to access, install and run one copy of the Software for your personal non-commercial use for gameplay on a single game platform (e.g. computer, or gaming console) as intended by us. The term of your license under this Licence shall commence on the date that you install or otherwise use the Software and end on the date of the termination of this Licence (see below).
1.2 You may:
(a) install and use the Software for your personal purposes only on one device (whether computer or any gaming console) or under one personal account;
(b) provided it is used at any one time on only one computer owned or leased by you, transfer the Software from one computer to another;
(c) receive and use any free supplementary software code or update of the Software incorporating “patches”, corrections of errors and incorporation of additional functionalities (“Updates”) as may be provided by us or our authorized third parties from time to time (but see condition 1.3 below); and
(d) use any documentation and materials provided by us in support of the use permitted under condition 1.2.
1.3 We may, without any prior notice to you, update, or require you to update, the Software to address bugs, introduce fixes, or remove certain content or functionality to reflect any technical or legal requirements and/or obligations to our licensors, or for any other similar reasons. For the avoidance of doubt, nothing in this Licence obliges us to issue any Update of the Software at any time.
2. RESTRICTIONS
2.1 The Game is a carefully created interactive software designed to provide the maximum level of enjoyment for the players. In order to ensure an enjoyable experience of the game, and to protect the intellectual property rights of Sonedreim and our respective licensors, the activities identified in this condition 2 (“Restrictions”) are strictly prohibited and violate the conditions of your use of the Software. Any use of the Software in violation of such Restrictions constitutes infringement of your license and is a ground for immediate revocation and termination by us of this Licence. Any use of the Software after your license is revoked or terminated, infringes Sonedreim's intellectual property rights in the Software and may entitle us to seek legal remedies in order to protect our rights. Except as expressly set out in this Licence or as permitted by any local law, you undertake:
(a) not to commercially exploit the Software;
(b) not to use any copy of the Software at a computer gaming center or any other location-based site, provided that we may offer you a separate license agreement to make the Software available for such commercial use;
(c) not to copy, hack, reproduce, translate, reverse engineer, derive source code from, decompile or modify, disassemble, or create derivative works based upon, in whole or in part, the Software;
(d) not to rent, transfer, lease, sub-license, loan, translate, merge, adapt, vary, alter or modify, the whole or any part of the Software, nor permit the Software or any part of it to be combined with, or become incorporated in, any other programs;
(e) not to remove or modify any proprietary notices, marks, or labels contained on or within the Software;
(f) not to violate applicable technology control or export laws and regulations;
(g) not to create or use any cheats, bots, automation software, hacks, mods or any other unauthorised software designed to modify the Software and game play; and
(h) not intercept, mine or otherwise collect information from the Software using any third-party software (unless specifically authorized by us).
3. INTELLECTUAL PROPERTY RIGHTS
3.1 You acknowledge that all intellectual property rights in the Software and its components throughout the world belong to us and/or our licensors, that rights in the Software are licensed (not sold) to you, and that you have no intellectual property rights in, or to, the Software other than the right to use the Software in accordance with the terms of this Licence.
3.2 You acknowledge that you have no right to have access to the Software in source code form other than as expressly provided in this Licence.
4. USER GENERATED CONTENT
4.1 You may provide us with any information, comments, suggestions, and feedback in relation to the Software (the “User Generated Content”).
4.2 In exchange for use of the Software, and to the extent that your contributions through use of the Software give rise to any copyright interest or other intellectual property rights, you hereby grant us an non-exclusive, perpetual, irrevocable, paid-up, royalty-free, fully transferable, and sub-licensable worldwide right and license to use your User Generated Content for our internal business and marketing purposes, including, but not limited to, the rights to reproduce, copy, adapt, modify, perform, display, publish, broadcast, transmit, or otherwise communicate to the public the User Generated Content by any means, and to distribute your User Generated Content without any further notice or compensation to you of any kind.
4.3 You hereby waive, to the extent they arise, any moral rights or other similar rights as applicable in the world with respect to Licensor's and other players' use and enjoyment of such assets in connection with the Software and related goods and services under applicable law. PLEASE NOTE THAT WAIVER OF ANY MORAL RIGHTS MAY HAVE SERIOUS IMPLICATIONS FOR YOU AND WE ENCOURAGE YOU TO CONSIDER YOUR LEGAL RIGHTS AND OBLIGATIONS IN THIS RESPECT.
4.4 This license in relation to the User Generated Content, and terms above regarding any applicable moral rights, will survive any termination of this Licence.
5. WARRANTY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, (A) WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, REPRESENTATIONS, CONDITIONS OR TERMS, EXPRESS OR IMPLIED, REGARDING THE SOFTWARE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES, CONDITIONS OR TERMS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, TITLE, AND NONINFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY AND OTHER RIGHTS; AND (B) WE MAKE THE SOFTWARE AVAILABLE "AS IS" WITHOUT ANY FURTHER WARRANTIES OR REPRESENTATIONS OF ANY KIND, INCLUDING THAT THE SOFTWARE OR YOUR ABILITY TO USE IT WILL BE UNINTERRUPTED OR ERROR-FREE AT ALL TIMES.
6. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
6.1 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
6.2 WE ARE NOT RESPONSIBLE FOR INDIRECT OR SO-CALLED “CONSEQUENTIAL” LOSSES WHICH HAPPEN AS A SIDE EFFECT OF THE MAIN LOSS OR DAMAGE AND WHICH ARE NOT FORESEEABLE BY YOU AND US INCLUDING BUT NOT LIMITED TO: (A) LOSS OF INCOME OR REVENUE (B) LOSS OF BUSINESS (C) LOSS OF PROFITS OR CONTRACTS (D) LOSS OF ANTICIPATED SAVINGS (E) LOSS OF OPPORTUNITY (F) LOSS OF DATA.
6.3 WE SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OR DOWNLOADING OF THE SOFTWARE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT, WHERE: (A) YOU HAVE USED THE SOFTWARE NOT IN ACCORDANCE WITH, OR IN BREACH OF, THIS AGREEMENT, OR (B) YOU HAVE USED THE SOFTWARE TOGETHER WITH OTHER SOFTWARE OR PROGRAMMS NOT AUTHORISED BY US.
6.4 TO THE FULLEST EXTENT OF APPLICABLE LAW, OUR LIABILITY TO YOU FOR ALL DAMAGES AND LOSSES ARISING FROM OR IN CONNECTION YOUR USE OF THE SOFTWARE OR OTHERWISE IN CONNECTION WITH THIS LICENCE IS HEREBY EXCLUDED.
6.5 You agree to pay and reimburse us in full for the amount of all costs, fees, expenses, damages, penalties, liabilities and other losses which we and our subsidiaries, affiliates, partners, officers, employees incur or suffer due to your usage of the Software in breach of this Licence, your engagement in Prohibited Activities, and/or arising out of or related to content you submit, post, link to, transmit, or make available through or in connection with the Software, or your violation of any applicable laws.
6.6 You acknowledge that the Software has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Software as described in any supplemental documentation or associated manual meet your requirements.
7. DISCLAIMER RELATING TO THIRD-PARTY SOFTWARE
7.1 The Software includes the third-party materials, including Unreal® Engine code and other code, materials, and information (the “Third Party Materials”) from our third-party licensors (the “Third Parties”). TO THE FULLEST EXTENT OF APPLICABLE LAW, ALL THIRD-PARTY MATERIALS ARE PROVIDED ON AN “AS IS” BASIS AND WITHOUT WARRANTY OF ANY KIND. LICENSOR, THIRD PARTIES, AND THIRD PARTIES’ AFFILIATES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, REPRESENTATIONS, CONDITIONS OR TERMS, EXPRESS OR IMPLIED, REGARDING THE THIRD PARTY MATERIALS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES, CONDITIONS OR TERMS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY AND OTHER RIGHTS.
7.2 TO THE FULLEST EXTENT OF APPLICABLE LAW, NEITHER LICENSOR, THIRD PARTIES, THEIR LICENSORS, NOR THEIR AFFILIATES, NOR ANY OF LICENSOR’S OR THIRD PARTIES’ SERVICE PROVIDERS, SHALL BE LIABLE IN ANY WAY FOR LOSS OR DAMAGE OF ANY KIND RESULTING FROM THE USE OR INABILITY TO USE THE THIRD PARTY MATERIALS OR OTHERWISE IN CONNECTION WITH THIS LICENCE, 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 LICENSOR, THIRD PARTIES, THIRD PARTIES’ LICENSORS, NOR THEIR AFFILIATES, NOR ANY OF LICENSOR’S OR THIRD PARTIES’ 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 LICENCE OR THE THIRD PARTY MATERIALS, OR THE DELAY OR INABILITY TO USE OR LACK OF FUNCTIONALITY OF THE THIRD PARTY MATERIALS, EVEN IN THE EVENT OF LICENSOR’S, THIRD PARTIES’, OR THIRD PARTIES’ AFFILIATES’ FAULT, DELICT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INDEMNITY, PRODUCT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY, OR OTHERWISE AND EVEN IF LICENSOR, THIRD PARTIES OR THIRD PARTIES’ AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7.3 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 Licensor, Third Parties, Third Parties’ licensors, their affiliates, and any of Licensor’s or Third Parties’ service providers shall be limited and excluded to the full extent permitted by law.
8. INTERNET CONNECTION AND DATA COLLECTION
8.1 The Software may require an internet connection to access internet-based features, authenticate the Software, or perform other functions.
8.2 We will not collect data in connection with your general use of the Software, including any personal data, as defined under UK Data Protection laws.
9. TERMINATION AND END-OF-LIFE USE
9.1 Either you or we may terminate this Licence at any time without notice.
9.2 We may terminate this Licence immediately if you commit a material or persistent breach of this Licence.
9.3 Without prejudice to your statutory rights as a consumer, which are unaffected, we reserve the right to discontinue publishing the Software in your country at any time, at which time this Licence will be terminated for all affected users.
9.4 Upon termination for any reason:
(a) all rights granted to you under this Licence shall cease;
(b) you must cease all activities authorised by this Licence; and
(c) you must immediately delete or remove the Software from all computer equipment in your possession and immediately destroy all copies of the Software then in your possession, custody or control and, in the case of destruction, we might require you to certify to us that you have done so.
9.5 Without prejudice to parties’ right to terminate this Licence as described above, you acknowledge that we may at some future date cease to maintain the Software (the “End-of-Life Date”) and we will use reasonable endeavours to notify you about such date. After such date, any of our obligations or warranties in relation to the Software shall cease and any use of the Software by you post End-of-Life Date shall be entirely at your own risk.
10. PLATFORM TERMS
10.1 If you have gained access to the Software via a third-party platform, distributor or reseller, such as Steam, (the “Third Party Platform”) then you might be required to agree to be bound by any Third-Party Platform associated terms, which may include but are not limited, to terms and conditions, privacy policy and cookie policy, as applicable.
10.2 If any terms found in the Third-Party Platform associated terms conflict with the terms in this Licence, then the terms of this Licence will take precedence in respect of your use of the Software only.
11. BETA AND EARLY ACCESS VERSIONS
11.1 If you have acquired a ‘beta’ or ‘early access’ version of the Software, the following additional rules and conditions apply:
(a) such versions are provided ‘as is’. You understand that they are a work in progress and the Licensor does not warrant or guarantee their functionality, nor will the Licensor bear any liability if the software is not working properly or causes issues with your system;
(b) Access and availability to such versions are time-limited, however you will be granted access to the full-release version of the Software once the ‘beta’ or ‘early access’ period has ended;
(c) Any duration of such ‘early’ access or ‘beta’ access, and any associated full-release dates, may be determined at our sole discretion;
(d) You may be asked to provide feedback to help us identify and understand issues that the Software encounters, and the Licensor will be free to use any feedback shared by you.
12. GENERAL TERMS
12.1 We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
12.2 This agreement does not give rise to any rights under the Contract (Third Party Rights) (Scotland) Act 2017 to enforce any term of this agreement.
12.3 If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
12.4 If any sentence or any provision of this Licence is determined by any court of competent jurisdiction to be invalid or unenforceable, such sentence or provision will be interpreted to the maximum extent to which it is valid and enforceable, all as determined by such court in such action, and the remaining sentences and provisions of this Licence will, nevertheless, continue in full force and effect without being impaired or invalidated in any way.
12.5 While the Software may be made available or accessible anywhere in the world, it is primarily meant to be accessed from, and distributed in, the United Kingdom. If you choose to access, download, and use the Software or any associated service from outside the United Kingdom, you are solely responsible for complying with your applicable local domestic laws, and international export laws and regulations that might apply to the Software, which may include restrictions on destinations, end users, and end use.
12.6 Prior to filing any formal legal action against us, we would like to informally resolve your grievance, so please contact us at inquiries@sonedreim.com. You agree to allow us thirty (30) days from the date we receive your correspondence to contact you to attempt to resolve the dispute. As previously described, The Licensor is not in control of, nor responsible for, any purchases from or through third parties or such third-party platforms terms and the provided email should not be contacted in relation to your consumer rights for purchases that are made via an applicable third-party platform/distributor.
12.7 Without prejudice to condition 12.6 above, these terms are governed by the laws of Scotland, you must bring legal proceedings exclusively in the Scottish courts. However, if you live in England, you can bring legal proceedings in respect of the product in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the product in either the Northern Irish or the Scottish courts.
12.8 The Licence terms as they are written and provided in the original English are to be regarded as the official meanings. Any other reference translations of the Licence made available are provided for user reference and convenience. The Licence and the meanings of the licences terms as they are written in the original English will thus in every regard take precedence during legal proceedings over any other available reference translations of the Licence.
BY CLICKING ON THE “ACCEPT”, “AGREE” OR EQUIVALENT BUTTON WHEN PROMPTED YOU AGREE TO THE TERMS OF THIS LICENCE WHICH WILL BIND YOU TO THEM.
IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENCE, CLICK ON THE APPROPRIATE “REJECT”, “DECLINE” OR EQUIVALENT BUTTON.
LAST UPDATED 15/09/2023
END OF TERMS