EULA TurtleQuest

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End user licence agreement

Please read this EULA carefully, as it sets out the basis
upon which we license the Game TurtleQuest for use.

Before you download the Game from our website or the
platform of one of our appointed distribution partners, you will be asked to
give your express agreement to the provisions of this EULA.

OR

By clicking "accept agreement" when you first
install the Game, you agree to be bound by the provisions of this EULA. If you
do not agree to be bound by the provisions of this EULA, you must click
"reject agreement" during the installation process and promptly (and
in any case within the period of 14 days following your purchase) return the Game
(on the media upon which the Game was provided) to your supplier. Upon
returning the Game and providing proof of purchase, you will be entitled to a
refund.

OR

By breaking the seal on the packaging of the Game, you
agree to be bound by this EULA. If you do not agree to be bound by this EULA,
you must promptly (and in any case within 14 days following your purchase)
return the Game (in its sealed packaging) to your supplier. Upon returning the Game
in its sealed packaging and providing proof of purchase, you will be entitled
to a refund.

This EULA should be read in conjunction with our privacy
policy, which is available at https://privacyterms.io/view/Trmyr2at-pYn6hk6t-37NSsQ/

WARNING: The light patterns in some video games may
trigger epileptic seizures or blackouts in a very small number of individuals.
If you have an epileptic condition, you should consult a medical professional
before playing the Game. If you experience dizziness, muscle twitching, changes
to vision, disorientation, seizures, convulsions and/or any involuntary
movements while playing the Game, you should immediately stop playing and
consult a medical professional.

1. Definitions

1.1 In this EULA, except to the extent expressly
provided otherwise:

"Distribution Platform" means
any digital distribution platform operated by a third party by means of which
the User lawfully acquired the Game;

"Distribution Platform Terms and
Conditions" means the terms and conditions of the Distribution
Platform that set out any rights and/or obligations of the User in relation to
the Game;

"DLC" means any downloadable or
other supplemental content for the Game made available by the Licensor and
purchased or otherwise lawfully acquired by the User;

"Documentation" means any
documentation for the Game produced by the Licensor and supplied or made
available by the Licensor to the User;

"Effective Date" means the date
upon which the User accepts the terms of this EULA in accordance with the
preamble to this EULA;

"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 TurtleQuest.
as modified, patched, updated and upgraded from time to time by or with the
authorisation of the Licensor, including any DLC;

"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 Leon Sandner;

"Permitted Hardware" means [a
single] OR [any] desktop, laptop or tablet computer that is owned by and in the
physical control of the User and meets the minimum hardware requirements for
the Game published by the Licensor from time to time;

"Term" means the term of this
EULA, commencing in accordance with Clause 3.1 and ending in accordance with
Clause 3.2; 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. Credit

2.1 This document was created using a template from
Docular (<a href="https://docular.net">https://docular.net</a>).

You must retain the above credit. Use of this document
without the credit is an infringement of copyright. However, you can purchase
from us an equivalent document that does not include the credit.

3. Term

3.1 This EULA shall come into force upon the Effective
Date.

3.2 This EULA shall continue in force indefinitely,
subject to termination in accordance with Clause 10 or any other provision of
this EULA.

4. Licence

4.1 The Licensor hereby grants to the User from the
date of supply of the Game to the User until the end of the Term a worldwide,
non-exclusive, non-transferable licence to:

(a) install a copy of the Game on the Permitted
Hardware;

(b) install a copy of the Documentation on the
Permitted Hardware;

(c) use a single instance of the Game on the
Permitted Hardware in accordance with the Documentation;

(d) view the Documentation on the Permitted Hardware;
and

(e) create, store and maintain up to 5 back up copies
of the Game,

 for the private and domestic purposes of the
User and subject to the limitations and exclusions set out and referred to in
this Clause 4. This licence is granted subject to the payment of any applicable
Licensor, Distribution Platform and supplier charges.

4.2 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 in accordance with the Documentation; providing that the User must not
allow any other person or persons to use the Game.

4.3 Any licence granted to the User under this Clause
4 shall be subject to the following prohibitions:

(a) the User must not sell, resell, rent, lease,
loan, license, sub-license, gift, supply, transfer, publish, distribute or
redistribute the Game;

(b) the User must not make the Game available for
download or access by others;

(c) 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);

(d) the User must not use the Game in connection with
any marketing, advertising or promotional activity;

(e) the User must not modify, alter, edit, adapt or
create derivative works of the Game;

(f) the User must not decompile, de-obfuscate or
reverse engineer, or attempt to decompile, de-obfuscate or reverse engineer,
the Game;

(g) the User must not delete, remove, disable or
circumvent any security protection measures or proprietary notices in or
associated with the Game; and

(h) the User must not import or export the Game, or
otherwise use the Game, in contravention of any applicable laws,

 save to the extent expressly permitted by this
EULA or permitted by applicable law on a non-excludable basis. The prohibitions
in this Clause 4.3 relating to the Game shall apply equally to the
Documentation.

4.4 The User acknowledges that the use of the Game and
the exercise of the rights of the User under this EULA may require the use of
an activation code or key, and further that:

(a) the User shall be responsible for securely
storing the activation code or key; and

(b) the Licensor shall have no obligation to replace
a lost, stolen or corrupted activation code or key.

5. Distribution Platforms

5.1 In addition to this EULA, the Distribution
Platform Terms and Conditions may affect the rights, obligations and
liabilities of the User in relation to the Game.

5.2 In the event of any conflict between this EULA and
the Distribution Platform Terms and Conditions, the provisions of [the former]
OR [the latter] shall take precedence.

5.3 Those provisions of the Distribution Platform
Terms and Conditions that impose obligations and/or liabilities on the User in
relation to the Game excluding those relating to payments are hereby
incorporated into this EULA for the benefit of the Licensor, and as such shall
be enforceable by the Licensor against the User.

5.4 For the avoidance of doubt, the following matters
shall be governed by the provisions of the Distribution Platform Terms and
Conditions: the amounts payable by the User in respect of this EULA; the
methods of payment to be used by the User; and any rights of the User to cancel
this EULA and receive any refunds of amounts paid in respect of this EULA.

5.5 The User acknowledges that the operator of the
Distribution Platform has rights under the Distribution Platform Terms and
Conditions which may affect the exercise of the User's rights under this EULA.
Subject to Clause 9.1, the Licensor will not be in breach of this EULA as a
result of, and will not be liable to the User in respect of:

(a) any act or omission of the operator; or

(b) any loss or damage arising out of the operator's
exercise of its rights under the Distribution Platform Terms and Conditions.

6. Intellectual Property Rights

6.1 Nothing in this EULA shall constitute an
assignment or transfer of any Intellectual Property Rights of the Licensor.

6.2 Save to the extent expressly provided otherwise in
this EULA, all the Intellectual Property Rights and other rights in:

(a) the Game;

(b) the works and materials comprised in the Game;
and

(c) any other software or services of the Licensor,

 are hereby reserved to the Licensor and its
licensors.

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:

(a) modify the Game in such a way that it no longer
infringes the relevant Intellectual Property Rights; or

(b) procure for the User the right to use the Game in
accordance with this EULA.

7.2 The User warrants to the Licensor that it has the
legal right and authority to enter into this EULA and to perform 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 Licensor. 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 is
never wholly free from defects, errors and bugs; and the Licensor 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 Licensor gives no
warranty or representation that the Game will be entirely secure.

9. Limitations and exclusions of liability

9.1 Nothing in this EULA will:

(a) limit or exclude any liability for death or
personal injury resulting from negligence;

(b) limit or exclude any liability for fraud or
fraudulent misrepresentation;

(c) limit any liabilities in any way that is not
permitted under applicable law; or

(d) exclude any liabilities that may not be excluded
under applicable law,

 and, if a party is a consumer, that party's
statutory rights will not be excluded or limited by this EULA, except to the
extent permitted by law.

9.2 The limitations and exclusions of liability set
out in this Clause 9 and elsewhere in this EULA: 

(a) are subject to Clause 9.1; and

(b) govern all liabilities arising under this EULA or
relating to the subject matter of this EULA, including liabilities arising in
contract, in tort (including negligence) and for breach of statutory duty,
except to the extent expressly provided otherwise in this EULA.

9.3 The Licensor will not be liable to the User in
respect of any losses arising out of a Force Majeure Event.

9.4 The Licensor will not be liable to the User in
respect of any business losses, including loss of or damage to profits, income,
revenue, use, production, anticipated savings, business, contracts, commercial
opportunities or goodwill.

9.5 The Licensor will not be liable to the User in
respect of any loss or corruption of any data, database or software.

9.6 The Licensor will not be liable to the User in
respect of any special, indirect or consequential loss or damage.

9.7 The liability of the Licensor to the User under
this EULA in respect of any event or series of related events shall not exceed 0€.

10. Termination

10.1 This EULA shall immediately and automatically
terminate if the User commits any breach of this EULA.

OR

10.1 The Licensor may terminate this EULA immediately by
giving written notice of termination to the User if the User commits any breach
of this EULA.

11. Effects of termination

11.1 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 12.

11.2 Except to the extent expressly provided otherwise
in this EULA, the termination of this EULA shall not affect the accrued rights
of either party.

11.3 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.

11.4 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.

12. General

12.1 No breach of any provision of this EULA shall be
waived except with the express written consent of the party not in breach.

12.2 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).

12.3 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.

12.4 The User hereby agrees that the Licensor may assign
the Licensor's contractual rights and obligations under this EULA to [any
successor to all or a substantial part of the business of the Licensor from
time to time] OR [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.

12.5 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 any amendment,
waiver, variation or settlement under or relating to this EULA are not subject
to the consent of any third party.

12.6 Subject to Clause 9.1, 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.

12.7 This EULA shall be governed by and construed in
accordance with English law.

12.8 Subject to any mandatory requirements of applicable
law, the courts of England shall have exclusive jurisdiction to adjudicate any
dispute arising under or in connection with this EULA.

 


 

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