| Language: |
END USER LICENSE AGREEMENT
Effective Date: April 1 2025
This End User License Agreement (“EULA”) is entered into between you and Caldera Interactive Ltd. (“Caldera”) and applies to the pre-release playtest of the online video game currently titled The Rabbit Haul (“Game”).
BY CLICKING “I AGREE” OR SIMILAR CONFIRMATION OR BY INSTALLING THE GAME YOU ARE AGREEING TO BE BOUND BY THE EULA.
1. LICENSES
1.1 License. Caldera grants you a non-exclusive, non-sublicensable, non-transferrable, revocable, limited license to install and use the Game if downloaded from Caldera directly or from an authorized third party. You may only use one copy of the Game at any time. If you wish to use the Game on two or more devices, you must acquire an additional Game license for each device you desire to use. You agree that no title or ownership interest in the Game is transferred or assigned to you and that the EULA is not a sale of any right to the Game.
1.2 User Content License. User content includes any information that you create, submit, transmit or upload while using the Game, and any submissions, comments, questions, testimonials, advice, suggestions, ideas, contest entries or other information you directly or indirectly provide to Caldera whether by email, posting on its forums or Discord server or through any other method existing now or in the future (altogether, “User Content”). By providing User Content you represent and warrant that you have all consents, licenses and rights necessary to provide and license the User Content and you grant Caldera a non-exclusive, irrevocable, fully-paid, royalty-free, perpetual, sub-licensable, transferrable, worldwide license to User Content under all intellectual property and other rights you own or control to use, broadcast, disclose, display, distribute, modify, make derivative works of, publicly perform, publish, record, reproduce, sublicense (on multiple levels), translate, transmit or otherwise exploit for all purposes and in all formats and mediums and with any technology now known or hereafter developed and for all purposes without attribution, notice, permission or payment to you or a third party. Caldera reserves the right to review, edit, delete or block access to User Content without notice.
2. ACCOUNTS
Use of the Game may require you to register a user account with a third-party such as Steam, Nintendo or GOG (each, an “Account”). Caldera strongly recommends that you keep the login information for all of your Accounts confidential and that you review the terms and conditions of any and all third-party platforms providing you with access to the Game through an Account.
3. USE OF THE GAME
3.1 Personal Data. Accessing the Game may require you to provide Caldera with personal data, which is collected, used and disclosed in accordance with Caldera’s Privacy Policy and in compliance with applicable privacy laws. You agree to provide accurate and complete personal data to Caldera and to update your data if it changes. The Privacy Policy is available here. https://docs.google.com/document/d/e/2PACX-1vTbgMg9kFnandFj3FJm35lpCwNkZ4W22pk7kx0kvw3GNk6Bnrsc53sh-KDzGfKjJA/pub
3.2 Age Restriction. You must be at least 13 years old in order to install the Game. If you are under the age of 13, you may not use the Game. If you are between 13 years old and the age of majority in your jurisdiction, you must have the consent of a parent to install the Game. Please contact Caldera at admin@calderainteractive.com to obtain additional information on the age restriction and parental consent.
3.3 Access. Access to the Game may require hardware including but not limited to a compatible computer, a mobile device and an Internet connection, all meeting certain minimum specifications set by Caldera and described on the third-party store page from which you downloaded the Game, as updated on one or more occasions (“Minimum Specifications”). You agree to provide all hardware and the Internet connection required to meet the Minimum Specifications and use the Game and to pay all fees incurred by you when accessing the Game through an Internet connection.
4. LIMITATIONS ON USE OF THE GAME
4.1 Limitations. You agree that you will not use the Game in the following manner:
a. engage in conduct that Caldera determines, in its sole discretion, to constitute improper use of the Game;
b. decompile, disassemble or reverse engineer the Game or otherwise attempt to derive Game source code;
c. except as expressly permitted by Caldera, reproduce, rearrange, modify, translate, create derivative works from, display, perform, publish or distribute the Game or any recordings thereof;
d. sell, lease or remove/alter advertising in the Game;
e. cheat or use, develop or distribute automation software (bots), macro software or other cheat utility software or knowingly exploit a flaw or bug in the Game;
f. for any e-sports or organized competition without first obtaining Caldera’s explicit written consent;
g. break, attempt or otherwise assist with the disruption of any computer used to support the Game or experience of another user;
h. upload files that contain viruses, Trojan horses, worms, time bombs, corrupted files or data or other similar software or programs that may damage operation of the Game or the computers of other users;
i. utilize the Game or any part thereof for commercial purposes;
j. promote, encourage or conduct illegal activity including, without limitation, hacking, cracking, distribution of counterfeit software, cheats or hacks for the Game;
k. use profanity, including short forms for profanities, punctuation marks used in place of profanities and colloquial versions of profanities;
l. use hate speech or terms, racist speech or terms or any other words, symbols, images, videos or gifs that signify hate towards any person or group or people, including derogatory comments against women or minorities;
m. engage in abusive, defamatory, libellous, threatening or any other conduct that is objectionable or offensive;
n. communicate, link to, post, submit or upload content that contains nudity or other sexual material, violence or any other objectionable or offensive conduct;
o. abuse, bully, harass or publish false or misleading information about users or encourage others to do the same;
p. infringe or violate the rights of a third party including but not limited to: (i) contractual rights; (ii) copyright, patent, trademark or trade secret rights; (iii) privacy rights; (iv) publicity rights; or (v) confidential information;
q. collect or attempt to obtain user data, whether personal or anonymous; or
r. impersonate another person or an employee of Caldera,
as determined by Caldera in its sole discretion. The limitations in this Section 4.1 also apply to any information and/or content posted or shared by you on public forums or through communications tools related to or provided by Caldera, including but not limited to Caldera’s social media pages.
5. TERM AND TERMINATION
5.1. Term. Caldera may suspend or terminate your access to the Game at any time for any reason (or for no reason) including but not limited to your violation of Caldera’s Terms & Conditions and/or this EULA, as determined in Caldera’s sole discretion. Whether a suspension will be lifted is at the sole discretion of Caldera. You may terminate your access to the Game at any time by ceasing to use the Game and deleting any Caldera software you have installed, including the Game and digital items associated with the Game. Data collected by Caldera may be retained for a period of time after your access to the Game is terminated, as described further in the Privacy Policy. Terms & Conditions available here: https://docs.google.com/document/d/e/2PACX-1vR5S-t8pvE7FVnwCqL-Kcnosvdz8KbVBMAlM5NsGr45sEwJjfJIYrFrPlRErDRP_4PpprdofhL9V_v3/pub
5.2. Effect of Suspension or Termination. Upon suspension or termination, you acknowledge and agree that Caldera shall cease to provide you access to the Game and may delete data associated with your use of the Game. You are not entitled to compensation of any kind as a result of suspension or termination, regardless of whether effected by you or Caldera, and Caldera is not liable to you or any third party for such suspension or termination and any related loss.
6. CALDERA OWNERSHIP RIGHTS
All right, title and interest in and to the Game, including but not limited to copyrights, patents, trademarks, trade secrets, trade names, computer code (source and object), titles, characters, character names, character likenesses, catch phrases, concepts, dialog, settings, storylines, themes, animation, audio-visual effects, sound effects, musical works, look and feel, and digital items within the Game (including mechanics and other components thereof) built within the Game by users, are owned by Caldera. Caldera reserves all rights in the Game.
7. DISCLAIMER AND LIMITATION OF LIABILITY
7.1. DISCLAIMER. THE GAME IS STILL UNDER DEVELOPMENT AND MAY CONTAIN DEFECTS AND COMPATIBILITY ISSUES AND IS PROVIDED BY CALDERA “AS IS”. CALDERA, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS AND ASSIGNS (COLLECTIVELY “REPRESENTATIVES”) DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, TO THE EXTENT PERMITTED BY LAW. WITHOUT LIMITING THE FOREGOING, CALDERA AND ITS REPRESENTATIVES MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE GAME WILL MEET YOUR REQUIREMENTS OR THAT OPERATION OF THE GAME WILL BE UNINTERRUPTED, CONTINUOUSLY AVAILABLE, ERROR FREE, WILL NOT HARM YOUR COMPUTER, HARDWARE, OR OTHER DEVICES OR RESULT IN LOST DATA (INCLUDING SAVE AND PROGRESSION DATA) OR BE SECURE AGAINST UNAUTHORIZED ACCESS. THE GAME IS UNSUPPORTED AND THE EULA DOES NOT CREATE ANY OBLIGATION UPON CALDERA TO DEVELOP, MAKE AVAILABLE, OFFER FOR SALE, REPAIR, SUPPORT OR RELEASE THE GAME. NO ORAL ADVICE OR WRITTEN INFORMATION PROVIDED BY CALDERA, OR ITS REPRESENTATIVES WILL CREATE ANY WARRANTY AND YOU SHALL NOT RELY UPON SUCH ADVICE OR INFORMATION. YOU BEAR THE ENTIRE RISK AS TO THE PERFORMANCE, OPERATION AND QUALITY OF THE GAME.
7.2 LIMITATION OF LIABILITY. CALDERA AND ITS REPRESENTATIVES SHALL NOT BE LIABLE TO YOU FOR ANY CLAIM, LOSS OR DAMAGE OF ANY KIND ARISING OUT OF OR RELATING TO THE GAME INCLUDING WITHOUT LIMITATION DIRECT, CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, EVEN IF CALDERA OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM, LOSS OR DAMAGE.
7.3 CALDERA’S AGGREGATE LIABILITY. PLEASE NOTE THAT SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN TERMS OR WARRANTIES OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES AND, IF ANY DISCLAIMER OR LIMITATION OF LIABILITY IS FOUND UNENFORCEABLE, VOID OR DOES NOT FULLY SHIELD CALDERA FROM LIABILITY, YOU AGREE THAT YOUR SOLE REMEDY, AND CALDERA’S AGGREGATE LIABILITY, IS FOR YOU TO TERMINATE USE OF THE GAME.
7.4 Indemnity. You shall hold harmless and indemnify Caldera from and against any and all claims, causes of action, demands, suits, proceedings, damages, judgments and liabilities of any kind (“Claims”) arising in connection with your use of the Game, including but not limited to Claims for your breach of the EULA and/or Terms & Conditions.
8. UPDATES
Caldera agrees to notify you of an update to the EULA by an in-Game message and/or by a posting on calderainteractive.com. You are deemed to accept an update by continuing to use the Game. Unless Caldera states otherwise, updates are automatically effective 30 days after posting.
9. GENERAL
9.1. Governing law. This EULA is governed by and construed under the laws of the province of Alberta. If a dispute arises, you agree that such dispute be resolved by courts located in Edmonton, Alberta and hereby submit to the personal jurisdiction of such courts.
9.2. Severability. To the extent any section, clause, provision or sentence or part thereof of this EULA is determined to be illegal, invalid or unenforceable by competent authority in any jurisdiction, then that portion shall be severed and the remainder of the EULA given full force and effect.
9.3. No Waiver. Caldera’s failure to assert or enforce any right contained in the EULA shall not constitute a waiver of that right.
9.4. Survival. Sections 1.2, 2, 5.2 and 6 though 9 survive termination of the EULA.
9.5 Entire Agreement. The EULA constitutes the entire agreement between you and Caldera with respect to the subject matter hereof and supersedes any prior oral or written agreements, communications, representations or undertakings provided.
9.6 Contact. You may contact Caldera regarding this EULA by emailing admin@calderainteractive.com.
Effective Date: April 1 2025
This End User License Agreement (“EULA”) is entered into between you and Caldera Interactive Ltd. (“Caldera”) and applies to the pre-release playtest of the online video game currently titled The Rabbit Haul (“Game”).
BY CLICKING “I AGREE” OR SIMILAR CONFIRMATION OR BY INSTALLING THE GAME YOU ARE AGREEING TO BE BOUND BY THE EULA.
1. LICENSES
1.1 License. Caldera grants you a non-exclusive, non-sublicensable, non-transferrable, revocable, limited license to install and use the Game if downloaded from Caldera directly or from an authorized third party. You may only use one copy of the Game at any time. If you wish to use the Game on two or more devices, you must acquire an additional Game license for each device you desire to use. You agree that no title or ownership interest in the Game is transferred or assigned to you and that the EULA is not a sale of any right to the Game.
1.2 User Content License. User content includes any information that you create, submit, transmit or upload while using the Game, and any submissions, comments, questions, testimonials, advice, suggestions, ideas, contest entries or other information you directly or indirectly provide to Caldera whether by email, posting on its forums or Discord server or through any other method existing now or in the future (altogether, “User Content”). By providing User Content you represent and warrant that you have all consents, licenses and rights necessary to provide and license the User Content and you grant Caldera a non-exclusive, irrevocable, fully-paid, royalty-free, perpetual, sub-licensable, transferrable, worldwide license to User Content under all intellectual property and other rights you own or control to use, broadcast, disclose, display, distribute, modify, make derivative works of, publicly perform, publish, record, reproduce, sublicense (on multiple levels), translate, transmit or otherwise exploit for all purposes and in all formats and mediums and with any technology now known or hereafter developed and for all purposes without attribution, notice, permission or payment to you or a third party. Caldera reserves the right to review, edit, delete or block access to User Content without notice.
2. ACCOUNTS
Use of the Game may require you to register a user account with a third-party such as Steam, Nintendo or GOG (each, an “Account”). Caldera strongly recommends that you keep the login information for all of your Accounts confidential and that you review the terms and conditions of any and all third-party platforms providing you with access to the Game through an Account.
3. USE OF THE GAME
3.1 Personal Data. Accessing the Game may require you to provide Caldera with personal data, which is collected, used and disclosed in accordance with Caldera’s Privacy Policy and in compliance with applicable privacy laws. You agree to provide accurate and complete personal data to Caldera and to update your data if it changes. The Privacy Policy is available here. https://docs.google.com/document/d/e/2PACX-1vTbgMg9kFnandFj3FJm35lpCwNkZ4W22pk7kx0kvw3GNk6Bnrsc53sh-KDzGfKjJA/pub
3.2 Age Restriction. You must be at least 13 years old in order to install the Game. If you are under the age of 13, you may not use the Game. If you are between 13 years old and the age of majority in your jurisdiction, you must have the consent of a parent to install the Game. Please contact Caldera at admin@calderainteractive.com to obtain additional information on the age restriction and parental consent.
3.3 Access. Access to the Game may require hardware including but not limited to a compatible computer, a mobile device and an Internet connection, all meeting certain minimum specifications set by Caldera and described on the third-party store page from which you downloaded the Game, as updated on one or more occasions (“Minimum Specifications”). You agree to provide all hardware and the Internet connection required to meet the Minimum Specifications and use the Game and to pay all fees incurred by you when accessing the Game through an Internet connection.
4. LIMITATIONS ON USE OF THE GAME
4.1 Limitations. You agree that you will not use the Game in the following manner:
a. engage in conduct that Caldera determines, in its sole discretion, to constitute improper use of the Game;
b. decompile, disassemble or reverse engineer the Game or otherwise attempt to derive Game source code;
c. except as expressly permitted by Caldera, reproduce, rearrange, modify, translate, create derivative works from, display, perform, publish or distribute the Game or any recordings thereof;
d. sell, lease or remove/alter advertising in the Game;
e. cheat or use, develop or distribute automation software (bots), macro software or other cheat utility software or knowingly exploit a flaw or bug in the Game;
f. for any e-sports or organized competition without first obtaining Caldera’s explicit written consent;
g. break, attempt or otherwise assist with the disruption of any computer used to support the Game or experience of another user;
h. upload files that contain viruses, Trojan horses, worms, time bombs, corrupted files or data or other similar software or programs that may damage operation of the Game or the computers of other users;
i. utilize the Game or any part thereof for commercial purposes;
j. promote, encourage or conduct illegal activity including, without limitation, hacking, cracking, distribution of counterfeit software, cheats or hacks for the Game;
k. use profanity, including short forms for profanities, punctuation marks used in place of profanities and colloquial versions of profanities;
l. use hate speech or terms, racist speech or terms or any other words, symbols, images, videos or gifs that signify hate towards any person or group or people, including derogatory comments against women or minorities;
m. engage in abusive, defamatory, libellous, threatening or any other conduct that is objectionable or offensive;
n. communicate, link to, post, submit or upload content that contains nudity or other sexual material, violence or any other objectionable or offensive conduct;
o. abuse, bully, harass or publish false or misleading information about users or encourage others to do the same;
p. infringe or violate the rights of a third party including but not limited to: (i) contractual rights; (ii) copyright, patent, trademark or trade secret rights; (iii) privacy rights; (iv) publicity rights; or (v) confidential information;
q. collect or attempt to obtain user data, whether personal or anonymous; or
r. impersonate another person or an employee of Caldera,
as determined by Caldera in its sole discretion. The limitations in this Section 4.1 also apply to any information and/or content posted or shared by you on public forums or through communications tools related to or provided by Caldera, including but not limited to Caldera’s social media pages.
5. TERM AND TERMINATION
5.1. Term. Caldera may suspend or terminate your access to the Game at any time for any reason (or for no reason) including but not limited to your violation of Caldera’s Terms & Conditions and/or this EULA, as determined in Caldera’s sole discretion. Whether a suspension will be lifted is at the sole discretion of Caldera. You may terminate your access to the Game at any time by ceasing to use the Game and deleting any Caldera software you have installed, including the Game and digital items associated with the Game. Data collected by Caldera may be retained for a period of time after your access to the Game is terminated, as described further in the Privacy Policy. Terms & Conditions available here: https://docs.google.com/document/d/e/2PACX-1vR5S-t8pvE7FVnwCqL-Kcnosvdz8KbVBMAlM5NsGr45sEwJjfJIYrFrPlRErDRP_4PpprdofhL9V_v3/pub
5.2. Effect of Suspension or Termination. Upon suspension or termination, you acknowledge and agree that Caldera shall cease to provide you access to the Game and may delete data associated with your use of the Game. You are not entitled to compensation of any kind as a result of suspension or termination, regardless of whether effected by you or Caldera, and Caldera is not liable to you or any third party for such suspension or termination and any related loss.
6. CALDERA OWNERSHIP RIGHTS
All right, title and interest in and to the Game, including but not limited to copyrights, patents, trademarks, trade secrets, trade names, computer code (source and object), titles, characters, character names, character likenesses, catch phrases, concepts, dialog, settings, storylines, themes, animation, audio-visual effects, sound effects, musical works, look and feel, and digital items within the Game (including mechanics and other components thereof) built within the Game by users, are owned by Caldera. Caldera reserves all rights in the Game.
7. DISCLAIMER AND LIMITATION OF LIABILITY
7.1. DISCLAIMER. THE GAME IS STILL UNDER DEVELOPMENT AND MAY CONTAIN DEFECTS AND COMPATIBILITY ISSUES AND IS PROVIDED BY CALDERA “AS IS”. CALDERA, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS AND ASSIGNS (COLLECTIVELY “REPRESENTATIVES”) DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, TO THE EXTENT PERMITTED BY LAW. WITHOUT LIMITING THE FOREGOING, CALDERA AND ITS REPRESENTATIVES MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE GAME WILL MEET YOUR REQUIREMENTS OR THAT OPERATION OF THE GAME WILL BE UNINTERRUPTED, CONTINUOUSLY AVAILABLE, ERROR FREE, WILL NOT HARM YOUR COMPUTER, HARDWARE, OR OTHER DEVICES OR RESULT IN LOST DATA (INCLUDING SAVE AND PROGRESSION DATA) OR BE SECURE AGAINST UNAUTHORIZED ACCESS. THE GAME IS UNSUPPORTED AND THE EULA DOES NOT CREATE ANY OBLIGATION UPON CALDERA TO DEVELOP, MAKE AVAILABLE, OFFER FOR SALE, REPAIR, SUPPORT OR RELEASE THE GAME. NO ORAL ADVICE OR WRITTEN INFORMATION PROVIDED BY CALDERA, OR ITS REPRESENTATIVES WILL CREATE ANY WARRANTY AND YOU SHALL NOT RELY UPON SUCH ADVICE OR INFORMATION. YOU BEAR THE ENTIRE RISK AS TO THE PERFORMANCE, OPERATION AND QUALITY OF THE GAME.
7.2 LIMITATION OF LIABILITY. CALDERA AND ITS REPRESENTATIVES SHALL NOT BE LIABLE TO YOU FOR ANY CLAIM, LOSS OR DAMAGE OF ANY KIND ARISING OUT OF OR RELATING TO THE GAME INCLUDING WITHOUT LIMITATION DIRECT, CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, EVEN IF CALDERA OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM, LOSS OR DAMAGE.
7.3 CALDERA’S AGGREGATE LIABILITY. PLEASE NOTE THAT SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN TERMS OR WARRANTIES OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES AND, IF ANY DISCLAIMER OR LIMITATION OF LIABILITY IS FOUND UNENFORCEABLE, VOID OR DOES NOT FULLY SHIELD CALDERA FROM LIABILITY, YOU AGREE THAT YOUR SOLE REMEDY, AND CALDERA’S AGGREGATE LIABILITY, IS FOR YOU TO TERMINATE USE OF THE GAME.
7.4 Indemnity. You shall hold harmless and indemnify Caldera from and against any and all claims, causes of action, demands, suits, proceedings, damages, judgments and liabilities of any kind (“Claims”) arising in connection with your use of the Game, including but not limited to Claims for your breach of the EULA and/or Terms & Conditions.
8. UPDATES
Caldera agrees to notify you of an update to the EULA by an in-Game message and/or by a posting on calderainteractive.com. You are deemed to accept an update by continuing to use the Game. Unless Caldera states otherwise, updates are automatically effective 30 days after posting.
9. GENERAL
9.1. Governing law. This EULA is governed by and construed under the laws of the province of Alberta. If a dispute arises, you agree that such dispute be resolved by courts located in Edmonton, Alberta and hereby submit to the personal jurisdiction of such courts.
9.2. Severability. To the extent any section, clause, provision or sentence or part thereof of this EULA is determined to be illegal, invalid or unenforceable by competent authority in any jurisdiction, then that portion shall be severed and the remainder of the EULA given full force and effect.
9.3. No Waiver. Caldera’s failure to assert or enforce any right contained in the EULA shall not constitute a waiver of that right.
9.4. Survival. Sections 1.2, 2, 5.2 and 6 though 9 survive termination of the EULA.
9.5 Entire Agreement. The EULA constitutes the entire agreement between you and Caldera with respect to the subject matter hereof and supersedes any prior oral or written agreements, communications, representations or undertakings provided.
9.6 Contact. You may contact Caldera regarding this EULA by emailing admin@calderainteractive.com.