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You should carefully read the following terms and conditions of this End User License Agreement (“EULA”) before accessing this software or associated documentation or services (“Software”). To the extent permitted by law, installing or using the Software indicates your acceptance of these terms and conditions. If you do not agree with them, or if you do not understand them, you should not install or use the Software. If you have any questions concerning this EULA, you may contact Genie Gaming Ltd (“Genie Gaming”) by emailing support@geniegaming.com.
1 Access
(a) Only individuals expressly authorised by Genie Gaming are permitted to access the Software. Genie Gaming will provide you with access to the Software on the terms set out below.
(b) Except as otherwise agreed, you are responsible for acquiring, installing, configuring and maintaining your systems (including without limitation appropriate hardware, software, interfaces and internet connection) to enable access to the Software.
(c) Following your purchase of the Software, Genie Gaming will provide you with a single-use redeemable digital Steam key to enable you to access the Software via digital platforms or retail stores as advised by Genie Gaming from time to time.
(e) Your licence to access and use the Software is also subject to the following:
(i) you will only operate the Software in accordance with the written documentation relating to the Software, installation guides, help files contained in the Software, and relevant online information to which Genie Gaming may direct you from time to time, each of the foregoing as amended from time to time (“Documentation”); and
(ii) you must only use the Software for your own personal entertainment or in order to create and publish unbiased reviews of the Software in the media.
(f) You are required to comply with all security procedures, as may be modified by Genie Gaming from time to time, in order to maximise the security of the Software.
2 Proprietary Rights
(a) You acknowledge that all rights, title and interests (including intellectual property rights) in and to the Software are owned by Genie Gaming or its licensors. You agree that you do not acquire any intellectual property rights in the Software under this EULA.
(b) Subject to paragraph 3 below, your licence to use the Software is non-transferable and limited to screen access only. You must not, nor allow any third party to:
(i) sell, rent, lend or sublicense the Software to any third party;
(ii) download or reproduce the Software on any hard drive or server other than:
(A) as required for the original installation of one copy of the Software on your own computer system; or
(B) for the purposes of creating or sharing self-recorded screenshots or video segments for producing unbiased reviews of the Software for a public audience;
(iii) directly or indirectly electronically transfer, copy, modify, adapt, translate, disassemble, merge or reverse engineer or decompile the whole or any part of the Software, or create derivative works based on the whole or any part of the Software (including images, audio components or accompanying documentation);
(iv) remove or alter any copyright notices on any copies of the Software; or
(v) access, reproduce or alter in any way the source code of the Software.
3 Modding
Genie Gaming does not permit modding (community development of content) (“Mod Content”) from time to time on terms specified by Genie Gaming within the Software. Where modding is not permitted for Kart Life.
4 Changes to Software
Genie Gaming reserves the right, in Genie Gaming’s sole discretion, and from time to time, to change the format or content of the Software or update, modify or enhance the Software whether or not such changes, updates, modifications or enhancements require changes to your systems or your modes of operation. Genie Gaming will not be responsible for providing any updates, replacements, revisions, enhancements, additions or conversions or otherwise maintaining your systems or for any data loss or corruption caused where such updates, modifications or enhancements occur.
5 Monitoring
You agree to furnish Genie Gaming on request with such information concerning your use of the Software as Genie Gaming may reasonably request for the purposes of monitoring compliance with this EULA.
6 No warranties
You agree that the Software is made available to you “as is” and that use of the Software is at your sole risk. Genie Gaming is under no obligation to provide support services relating to the Software. Genie Gaming makes no warranty that the Software meets the requirements of the computer system used nor that the Software is error or defect free. To the extent permitted by law, Genie Gaming makes no representations or warranties, express or implied in respect of the Software. Your use of the Software is at your own risk and you acknowledge that your use of the Software may cause problems with your computer or result in damage or loss.
7 User Indemnity
You indemnify Genie Gaming in respect of, and defend and hold Genie Gaming harmless from and against, any and all damages, losses, liability and expenses (including legal costs on a full indemnity basis) suffered or incurred by Genie Gaming arising out of:
(a) any breach by you of your obligations under this EULA;
(b) any action or inaction by any person you permit to have access to the Software where such action or inaction on your part would constitute a breach of this EULA.
8 Limitation of Liability
(a) To the extent permitted by law, Genie Gaming, its licensors and group companies will not be liable for any damages or loss of any kind whatsoever (including, without limitation, any liability for consequential damages or loss) arising out of Genie Gaming’s grant of access to the Software or your use of or inability to use or access the Software, whether arising from any act, omission or failure (and whether negligent or not) of Genie Gaming, its officers, servants, agents, group companies, independent contractors or otherwise.
(b) To the extent Genie Gaming is liable for a breach of condition or warranty under Schedule 2 of the Competition and Consumer Act 2010 (Cth) which cannot be excluded by law, Genie Gaming’s liability is limited to any one or more of the limitations specified in section 64A(1)(a) and (b) of that Act, as Genie Gaming in its sole discretion considers appropriate.
9 Termination
Genie Gaming may suspend or terminate your right to access the Software at any time and in its sole and unfettered discretion.
10 General
(a) In the event that any provision of this EULA is not enforceable, the remainder of this EULA remains in full force and effect.
(b) No waiver of any right by Genie Gaming under this EULA will be effective unless given in writing by an authorised representative of Genie Gaming.
(c) This EULA constitutes the entire agreement and understanding between the parties with respect to the subject matter of this EULA and supersedes any and all other agreements, written or oral, that the parties may have had with respect to the subject matter herein.
(d) Genie Gaming may change the terms of this EULA from time to time. Genie Gaming will be deemed to have notified you of the updated EULA terms by sending an email to the email address which you supplied Genie Gaming during your purchase of the Software. It is your responsibility to notify Genie Gaming via support@geniegaming.com if your preferred contact details change. You will be deemed to accept revised EULA terms by clicking to accept them prior to accessing the Software on each occasion that you are notified that the EULA terms have changed.
(e) This EULA is governed by and construed in accordance with the laws in force in Corbridge, United Kingdom. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of Corbridge, United Kingdom.
1 Access
(a) Only individuals expressly authorised by Genie Gaming are permitted to access the Software. Genie Gaming will provide you with access to the Software on the terms set out below.
(b) Except as otherwise agreed, you are responsible for acquiring, installing, configuring and maintaining your systems (including without limitation appropriate hardware, software, interfaces and internet connection) to enable access to the Software.
(c) Following your purchase of the Software, Genie Gaming will provide you with a single-use redeemable digital Steam key to enable you to access the Software via digital platforms or retail stores as advised by Genie Gaming from time to time.
(e) Your licence to access and use the Software is also subject to the following:
(i) you will only operate the Software in accordance with the written documentation relating to the Software, installation guides, help files contained in the Software, and relevant online information to which Genie Gaming may direct you from time to time, each of the foregoing as amended from time to time (“Documentation”); and
(ii) you must only use the Software for your own personal entertainment or in order to create and publish unbiased reviews of the Software in the media.
(f) You are required to comply with all security procedures, as may be modified by Genie Gaming from time to time, in order to maximise the security of the Software.
2 Proprietary Rights
(a) You acknowledge that all rights, title and interests (including intellectual property rights) in and to the Software are owned by Genie Gaming or its licensors. You agree that you do not acquire any intellectual property rights in the Software under this EULA.
(b) Subject to paragraph 3 below, your licence to use the Software is non-transferable and limited to screen access only. You must not, nor allow any third party to:
(i) sell, rent, lend or sublicense the Software to any third party;
(ii) download or reproduce the Software on any hard drive or server other than:
(A) as required for the original installation of one copy of the Software on your own computer system; or
(B) for the purposes of creating or sharing self-recorded screenshots or video segments for producing unbiased reviews of the Software for a public audience;
(iii) directly or indirectly electronically transfer, copy, modify, adapt, translate, disassemble, merge or reverse engineer or decompile the whole or any part of the Software, or create derivative works based on the whole or any part of the Software (including images, audio components or accompanying documentation);
(iv) remove or alter any copyright notices on any copies of the Software; or
(v) access, reproduce or alter in any way the source code of the Software.
3 Modding
Genie Gaming does not permit modding (community development of content) (“Mod Content”) from time to time on terms specified by Genie Gaming within the Software. Where modding is not permitted for Kart Life.
4 Changes to Software
Genie Gaming reserves the right, in Genie Gaming’s sole discretion, and from time to time, to change the format or content of the Software or update, modify or enhance the Software whether or not such changes, updates, modifications or enhancements require changes to your systems or your modes of operation. Genie Gaming will not be responsible for providing any updates, replacements, revisions, enhancements, additions or conversions or otherwise maintaining your systems or for any data loss or corruption caused where such updates, modifications or enhancements occur.
5 Monitoring
You agree to furnish Genie Gaming on request with such information concerning your use of the Software as Genie Gaming may reasonably request for the purposes of monitoring compliance with this EULA.
6 No warranties
You agree that the Software is made available to you “as is” and that use of the Software is at your sole risk. Genie Gaming is under no obligation to provide support services relating to the Software. Genie Gaming makes no warranty that the Software meets the requirements of the computer system used nor that the Software is error or defect free. To the extent permitted by law, Genie Gaming makes no representations or warranties, express or implied in respect of the Software. Your use of the Software is at your own risk and you acknowledge that your use of the Software may cause problems with your computer or result in damage or loss.
7 User Indemnity
You indemnify Genie Gaming in respect of, and defend and hold Genie Gaming harmless from and against, any and all damages, losses, liability and expenses (including legal costs on a full indemnity basis) suffered or incurred by Genie Gaming arising out of:
(a) any breach by you of your obligations under this EULA;
(b) any action or inaction by any person you permit to have access to the Software where such action or inaction on your part would constitute a breach of this EULA.
8 Limitation of Liability
(a) To the extent permitted by law, Genie Gaming, its licensors and group companies will not be liable for any damages or loss of any kind whatsoever (including, without limitation, any liability for consequential damages or loss) arising out of Genie Gaming’s grant of access to the Software or your use of or inability to use or access the Software, whether arising from any act, omission or failure (and whether negligent or not) of Genie Gaming, its officers, servants, agents, group companies, independent contractors or otherwise.
(b) To the extent Genie Gaming is liable for a breach of condition or warranty under Schedule 2 of the Competition and Consumer Act 2010 (Cth) which cannot be excluded by law, Genie Gaming’s liability is limited to any one or more of the limitations specified in section 64A(1)(a) and (b) of that Act, as Genie Gaming in its sole discretion considers appropriate.
9 Termination
Genie Gaming may suspend or terminate your right to access the Software at any time and in its sole and unfettered discretion.
10 General
(a) In the event that any provision of this EULA is not enforceable, the remainder of this EULA remains in full force and effect.
(b) No waiver of any right by Genie Gaming under this EULA will be effective unless given in writing by an authorised representative of Genie Gaming.
(c) This EULA constitutes the entire agreement and understanding between the parties with respect to the subject matter of this EULA and supersedes any and all other agreements, written or oral, that the parties may have had with respect to the subject matter herein.
(d) Genie Gaming may change the terms of this EULA from time to time. Genie Gaming will be deemed to have notified you of the updated EULA terms by sending an email to the email address which you supplied Genie Gaming during your purchase of the Software. It is your responsibility to notify Genie Gaming via support@geniegaming.com if your preferred contact details change. You will be deemed to accept revised EULA terms by clicking to accept them prior to accessing the Software on each occasion that you are notified that the EULA terms have changed.
(e) This EULA is governed by and construed in accordance with the laws in force in Corbridge, United Kingdom. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of Corbridge, United Kingdom.