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Please read this EULA carefully, as it sets out the basis upon which 12783185
Canada Inc. dba Parallel Studios (hereinafter the "Licensor", "we" or "our")
licenses the Game for use.
The first time you launch the Game from our website or a Distribution Platform, you
will be asked to give your express agreement to the provisions of this EULA. Once
accepted by you, this EULA will constitute a binding agreement between you
(hereinafter “you” or the “User”) and Licensor.
FOR GREATER CERTAINTY, LICENSOR PROVIDES THE GAME SOLELY ON THE TERMS
AND CONDITIONS SET FORTH IN THIS EULA AND ON THE CONDITION THAT THE
USER ACCEPTS AND COMPLIES WITH THEM. BY CLICKING THE “ACCEPT” BUTTON
BELOW OR LAUNCHING THE GAME, YOU (A) ACCEPT THIS EULA AND AGREE THAT
YOU ARE LEGALLY BOUND BY ITS TERMS; AND (B) REPRESENT AND WARRANT THAT:
(I) YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (II) IF THE
USER IS A CORPORATION, GOVERNMENTAL ORGANIZATION, OR OTHER LEGAL
ENTITY, YOU HAVE THE RIGHT, POWER, AND AUTHORITY TO ENTER INTO THIS
AGREEMENT ON BEHALF OF THE USER AND BIND THE USER TO ITS TERMS. IF YOU
DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, LICENSOR WILL NOT AND
DOES NOT LICENCE THE GAME TO YOU, AND YOU MUST NOT DOWNLOAD/INSTALL
THE GAME OR DOCUMENTATION.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS EULA OR YOUR
ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS EULA, NO LICENCE IS
GRANTED (WHETHER EXPRESSLY, BY IMPLICATION OR OTHERWISE) UNDER THIS
AGREEMENT, AND THIS AGREEMENT EXPRESSLY EXCLUDES ANY RIGHT
CONCERNING, ANY SOFTWARE THAT YOU DID NOT ACQUIRE LAWFULLY OR THAT IS
NOT A LEGITIMATE, AUTHORIZED COPY OF LICENSOR’S SOFTWARE.
THE GAME, THE DOCUMENTATION, THE CREDITS, THE ONLINE SERVICES AND ALL
OTHER MATTERS REFERENCED HEREIN ARE PROVIDED AS PART OF AN “ALPHA”
TEST AND MAY BE SUBJECT TO UPDATES FROM TIME TO TIME. LICENSOR
ACCORDINGLY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS, AS SET
FORTH IN GREATER DETAIL HEREIN.
This EULA should be read in conjunction with our privacy policy, which is available
at https://parallel.life/privacy-policy/ (the “Privacy Policy”), as well as our website
terms of service, available at https://parallel.life/terms-of-use/ (the “TOU”). By
reading further and accepting this EULA as detailed herein, you represent and
warrant that you have read, and agree to abide by, the Privacy Policy and TOU. If
you do not agree with the terms of the Privacy Policy and TOU, you should not
agree to this EULA, and you should immediately cease your use of the Game and
inform us in writing.
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:
"Charges" means the charges payable by the User to the Licensor under or in
relation to this EULA, which may include the purchase price of the Game;
"Credits" means the digital credits known as "Glints" that the Licensor makes
available for the User to purchase or otherwise acquire and that can be
exchanged for DLC or other digital content relating to the Game or other
products and services of the Licensor, as applicable (including by way of the
Licensor’s Online Services);
"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;
"Feedback" means any feedback, advice, enhancement request,
recommendation, correction or suggestions provided by the User to the
Licensor by email, through the official online forums for the Game concerning
the Game and/or any other games or any services of the Licensor, or in any
other medium, way or form;
"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 the digital card game "Parallel TCG" developed and provided
by Licensor, 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 Representatives" means the Licensor's directors, officers,
shareholders, employees, contractors, partners, affiliates and representatives.
"Online Services" means the software-based services provided by the
Licensor via the internet and designed for use in conjunction with the Game;
"Permitted Hardware" means 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;
"Support Services" means support in relation to the use of the Game and
the identification and resolution of bugs and other errors in the Game;
"Term" means the term of this EULA, commencing in accordance with Clause
2.1 and ending in accordance with Clause 2.2;
"Update" means a hotfix, patch or version update (minor or major) to the
Game;
"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;
"User Communications" means any text, voice or other communications
sent or transmitted by the User to any other user of the Game by means of
the Game;
"User Content" means all works and materials (including text, graphics,
images, audio material, video material, audio-visual material, scripts, software
and files) that the User submits to the Game (including, for the avoidance of
doubt, any User-created in-Game content), save to the extent that such works
and materials are expressly excluded by this EULA, but in any case including
User Communications, and excluding Feedback; and
"User Creations" means screenshots, audio recordings and video footage
created by the User that reproduce content from the Game, together with any
derivative works of such screenshots, audio recordings and video footage
created by the User (such as memes, reviews, game guides, “Let's Play”
videos (or other videos of a similar nature, whether or not referred to as a
“Let’s Play” video) and livestreams).
2. Term
2.1 This EULA shall come into force upon the Effective Date.
2.2 This EULA shall continue in force indefinitely, subject to termination in
accordance with Clause 19 or any other provision of this EULA.
3. Licence
3.1 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 limited, worldwide, non-exclusive, non-
transferable, revocable 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 3. This licence
is granted subject to the payment of any applicable Licensor, Distribution
Platform and supplier charges.
3.2 The User may permit the family members and friends of the User (but, for the
avoidance of doubt, no other persons) to use the User's installation of the
Game on the Permitted Hardware in accordance with the Documentation
(such persons, “Authorized Users”). The User is responsible and liable for all
uses of the User’s installation of the Game, directly or indirectly. Specifically,
and without limiting the generality of the foregoing, the User is responsible
and liable for all actions and failures to take required actions with respect to
the Game and/or the Online Services by its Authorized Users or by any other
person to whom the User, or an Authorized User, may provide access to or
use of the Game, whether such access or use is permitted by or in violation of
this EULA.
3.3 Any licence granted to the User under this Clause 3 shall be subject to the
following prohibitions:
(a) the User must not license, sublicense, sell, resell, rent, lease, loan,
license, sub-license, gift, supply, transfer, publish, host, 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, destroy, remove, disable or circumvent any
security protection measures or proprietary notices (including copyright
notices) or markings 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 3.3
relating to the Game shall apply equally to the Documentation.
3.4 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.
3.5 All copies, including back up copies, of the Game and the Documentation
made by the User:
(a) will be the exclusive property of the Licensor;
(b) will be subject to the terms and conditions of this EULA; and
(c) must include all trademark, copyright, patent, and other Intellectual
Property Rights notices contained in the original.
3.6 The Game includes software, content, data, or other materials (collectively
“Third-Party Materials”), including related documentation, that are owned
by persons other than Licensor and that are provided to the User on license
terms that are in addition to and/or different from those contained in this
EULA (”Third-Party Licences”).
(a) A list of all materials included in the Game and provided under Third-
Party Licences is set forth on Schedule 2 to this EULA, and the applicable
Third-Party Licences (if available) are accessible via links therefrom.
Ownership of all Intellectual Property Rights in such Third-Party Materials
remains with the respective owners thereof. In accepting the terms of this
EULA, the User is bound by and shall comply with all Third-Party Licences. Any
breach by the User of any Third-Party Licence is also a breach of this EULA.
(b) The Licensor makes no representations or warranties with respect to,
nor does it guarantee or endorse, any Third-Party Materials. The Licensor does
not guarantee the continued availability of Third-Party Materials, and the
Licensor may disable any Third-Party Materials in the Licensor’s sole
discretion. Your dealings with the provider of any Third-Party Materials are
solely between you and the provider. Accordingly, the Licensor expressly
disclaims responsibility and liability for all Third-Party Materials, and you
agree that the Licensor shall not be responsible for any loss or damage of any
sort incurred as a result of any such dealings or as a result of your use of
Third-Party Materials. If you have any issues with any Third-Party Materials,
you must contact the provider of the Third-Party Materials directly.
(c) The Game and the Online Services may contain or be provided
together with free or open-source software. Each item of free or open-source
software is subject to its own applicable license terms, which can be found in
the applicable documentation or the applicable help, notices, about or source
files as required by the terms of the applicable open-source license.
Copyrights to the free and open-source software are held by the respective
copyright holders indicated therein. A non-exhaustive list of such licenses is
set forth on Schedule 2 to this EULA.
4. Online Services
4.1 Features of the Game are designed to be used in conjunction with the Online
Services; and the User acknowledges that those features will not function
properly in the absence of access to the Online Services.
4.2 The User is responsible for arranging and maintaining an internet connection
sufficient for access to the Online Services, and for paying all associated fees.
4.3 The User must pay to the Licensor the subscription Charges specified on the
website of the Licensor from time to time for access to the Online Services in
accordance with Section 3.1 of Schedule 1 (Direct Purchasing). If the User fails
to do so, Licensor may cease or suspend the User's access to the Online
Services, without liability or penalty to Licensor.
4.4 The Licensor shall use reasonable endeavours to maintain the availability of
the Online Services during the relevant period, but does not guarantee 100%
availability. In particular, the Online Services may be unavailable as a result of
Updates, scheduled maintenance, emergency maintenance, unanticipated
resource requirements, hardware failures, software failures, service provider
failures or Force Majeure Events.
4.5 The User must ensure that its use of the Online Services is not excessive
(including with respect to bandwidth, processor utilisation and storage) and
does not have a material negative effect upon the use, accessibility or
functionality of the Online Services by others.
4.6 The provisions of Clause 5 relating to the Game shall apply equally to the
Online Services; and, accordingly, references in those provisions to the Game
shall be interpreted to include a reference to the Online Services.
4.7 The Licensor reserves the right to refuse to renew the Online Services or, by
giving at least 30 days' prior written notice to the User, to terminate the
Online Services.
5. Acceptable use
5.1 The User must not use the Game in any of the following ways:
(a) in any way that causes or may cause damage to the Game or to any
other game, products or services of the Licensor;
(b) in any way that causes or may cause impairment of or interference with
the performance, availability, accessibility or security of the Game or
any other game, products or services of the Licensor;
(c) in any way that is unlawful, illegal, fraudulent or harmful, or in
connection with any unlawful, illegal, fraudulent or harmful purpose or
activity;
(d) to copy, store, host, transmit, send, use, publish or distribute any
material which consists of (or is linked to) any spyware, malware,
computer virus, Trojan horse, worm, keystroke logger, rootkit or other
malicious computer software which are potentially harmful, disruptive
or destructive or may pose an unreasonable or disproportionately large
load on the infrastructure of the Game;
(e) to conduct any systematic or automated data collection activities
(including scraping, data mining, data extraction and data harvesting);
(f) in a manner that impersonates another person or entity or otherwise
misrepresents your affiliation with another person or entity, including
the Licensor;
(g) by means of any software not authorised by the Licensor; or
(h) by any automated means.
5.2 The User must not, when using the Game:
(a) harass, antagonise, insult or ridicule any player or group of players;
(b) discriminate against any player on the basis of race, ethnicity,
nationality, sex, gender, sexual orientation, religion, age, disability or
any legally-protected criteria;
(c) engage in social engineering, including manipulating any player to
disclose confidential or personal information;
(d) spam or flood any Game communications channels with any irrelevant,
duplicate or low-quality content or messages;
(e) publicly name or otherwise reveal the identity of any other player;
(f) engage in any scamming, fraudulent conduct or deceptive conduct;
(g) abandon or exit the Game by any means other than the Game
functionality where such abandonment or exit is liable to negatively
affect another player's enjoyment of the Game; or
(h) otherwise take any action that is liable to negatively affect other
players' enjoyment of the Game.
5.3 The User must not cheat when playing the Game or otherwise in relation to
the Game.
5.4 Without prejudice to Clause 5.3, the User must not:
(a) edit Game software code or Game data held in memory;
(b) buy, sell or transfer any Game account;
(c) take unfair advantage of errors in the Game design or bugs in the Game
software code to the detriment of any other player of the Game;
(d) access the Game using any other person's account or allow any other
person to access the Game using the account of the User (except to the
extent expressly permitted in this EULA); or
(e) use any software or software-based services to give any player an
unfair advantage in the Game.
5.5 Cheat detection software may be included with or as part of the Game, and
the User must not remove, disable or otherwise tamper with that cheat
detection software.
5.6 If the User breaches this Clause 5, the Game's cheat-detection software
determines that this Clause 5 has been breached by the User or the Licensor
reasonably believes that the User has breached this Clause 5, the Licensor
may:
(a) ban or block the User or suspend the User's access to the Game;
(b) edit, alter or amend the in-Game assets of the User, including the User's
Credits; and/or
(c) terminate this EULA.
5.7 The User must not evade or circumvent, or attempt to evade or circumvent,
any ban, block or suspension instituted by the Licensor in relation to the
Game.
6. User Content
6.1 Nothing in this EULA shall transfer ownership of any Intellectual Property
Rights in the User Content from the User to the Licensor.
6.2 The User grants to the Licensor a worldwide, non-exclusive, royalty-free and
irrevocable licence to copy, store, adapt, edit, publish, unpublish, delete,
translate, distribute and otherwise use the User Content for the purposes of
marketing, advertising, promoting, publicising, managing, enhancing,
improving and/or supplementing the Game.
6.3 The User grants to the Licensor the right to sub-license the rights licensed
under Clause 6.2.
6.4 The User grants to the Licensor the right to bring an action for infringement of
the rights licensed under Clause 6.2.
6.5 The User hereby waives all of the User's moral rights in the User Content to
the maximum extent permitted by applicable law; and the User warrants and
represents that all other moral rights in the User Content have been waived to
the maximum extent permitted by applicable law.
6.6 The User must ensure that the User Content is not illegal or unlawful, does not
infringe any person's legal rights, and is not capable of giving rise to legal
action against any person (in each case in any jurisdiction and under any
applicable law).
6.7 The User must ensure that the User Content, and its use by the Licensor in
accordance with the licences set out in this EULA, does not:
(a) constitute a libel or malicious falsehood;
(b) constitute an obscenity or indecency;
(c) infringe any copyright, moral right, database right, trade mark right,
design right, right in passing off, or other intellectual property right;
(d) infringe any right of confidence, right of privacy or right under data
protection legislation;
(e) constitute negligent advice or contain any negligent statement;
(f) constitute in an incitement to commit a crime, instructions for the
commission of a crime or the promotion of criminal activity;
(g) constitute a contempt of any court, or be in breach of any court order;
(h) breach any racial or religious hatred or discrimination legislation;
(i) constitute blasphemy;
(j) breach official secrets legislation;
(k) breach any contractual obligation owed to any person or entity;
(l) depict or promote self-harm;
(m) depict or promote violence in an explicit, graphic or gratuitous manner;
(n) depict nudity;
(o) constitute pornography, or contain lewd, suggestive or sexually explicit
material;
(p) contain any untrue, false, inaccurate or misleading material;
(q) consist of or contain any instructions, advice or other information which
may be acted upon and could, if acted upon, cause illness, injury or
death, or any other loss or damage;
(r) contain any offensive, deceptive, defamatory, vulgar, fraudulent,
threatening, abusive, harassing, anti-social, menacing, hateful,
discriminatory, inflammatory or otherwise objectionable material;
(s) cause annoyance, inconvenience or needless anxiety to any person; or
(t) encourage participation in a commercial activity or any other "offline"
activity not contemplated within the Game.
6.8 The User shall ensure that the User Content is appropriate for all persons who
have access to or are likely to access the User Content in question.
6.9 The User shall ensure that the User Content is appropriate, civil and tasteful,
and accords with generally accepted standards of etiquette and behaviour in
video games published by the Licensor.
6.10 The User shall ensure that the User Content does not link to any website, web
page or other resource consisting of or containing material that would, if it
were User Content, breach the provisions of this EULA.
6.11 The User shall ensure that the User Content must not include any material
that is or has ever been the subject of any threatened or actual legal
proceedings or any similar complaint.
6.12 The User shall ensure that the User Content does not consist of or contain any
legal, financial, investment, taxation, accountancy, medical or other
professional advice.
6.13 The User shall ensure that the User Content does not constitute or contain
spam, which for these purposes shall include all unlawful commercial
communications, bulk commercial communications and unsolicited
commercial communications.
6.14 Licensor has the right, without further notice to:
(a) remove or refuse to post any User Content for any or no reason at Licensor's
sole discretion.
(b) at all times, take such actions with respect to any User Content deemed
necessary or appropriate at Licensor's sole discretion.
(c) take appropriate legal action, including, without limitation, referral to law
enforcement or any other governmental authority with respect to User
Content, User Creations or your use of the Game. Without limiting the
foregoing, Licensor may cooperate with any law enforcement authorities or
court order requesting or directing us to disclose the identity or other
information of anyone posting any materials on or through the Game.
6.15 Licensor has no obligation, nor any responsibility to any party to monitor the
Game, and does not and cannot undertake to review material or content that
you or other users submit. Licensor cannot ensure prompt removal of
objectionable or violating material found in User Content after it has been
posted and the User acknowledges and agrees that the Licensor shall have no
liability for any action or inaction regarding transmissions, communications, or
content provided by any user or third party, subject to applicable laws.
7. User Creations
7.1 The provisions of this EULA relating to User Content shall not apply to User
Creations, save to the extent expressly provided otherwise in this Clause 7.
7.2 Subject to Clause 14.2, the User shall retain ownership of all Intellectual
Property Rights in those works and materials comprised in the User Creations
to the extent that they are the original creative work of the User.
7.3 The Licensor hereby grants to the User a limited, worldwide, non-exclusive,
non-transferable licence, during the Term only, to create User Creations in
accordance with the content creation guidelines published on the website of
the Licensor from time to time, subject to the other provisions of this EULA.
7.4 The User must not sell, resell, rent, lease, loan, license, sub-license, gift,
supply, transfer, publish, distribute or redistribute the User Creations. For the
avoidance of doubt, the User must not, for any reason, publish or distribute or
otherwise make available to the public any User Creations (including
screenshots, videos, streaming content, or other methods of presenting User
Creations). The User must not earn or seek to earn money from the User
Creations and must not exploit the User Creations for any commercial
purpose.
7.5 The User must not use the User Creations in any way that is likely to have a
material negative effect upon the reputation or goodwill of the Licensor or the
Game.
7.6 The User must ensure that the User Creations comply with the provisions of
Clause 6 as if they were User Content.
7.7 The User must incorporate and retain a copyright notice and authorship credit
on each of the User Creations, in such form as the Licensor may publish on its
website from time to time.
7.8 The Licensor may terminate the licences granted by the Licensor to the User
and set out in this Clause 7 at any time in its sole discretion by giving to the
User written notice of termination.
8. User Communications
8.1 Notwithstanding that the User Communications form part of the User Content,
the User Communications shall be licensed to the Licensor in accordance with
this Clause 8.2 rather than the licensing provisions of Clause 6.2. For greater
certainty, all other provisions that apply to User Content (excluding Section
6.2) shall apply to User Communications, as applicable.
8.2 The User grants to the Licensor a worldwide, perpetual, non-exclusive,
royalty-free and irrevocable licence to copy, store, translate, communicate
and otherwise use the User Communications for the purposes of providing,
monitoring and administering the Online Services.
8.3 The Licensor may monitor, filter, block, record, remove, delete and/or retain
any or all User Communications, whether or not the relevant User
Communications breach the provisions of this EULA. For more information
about the Licensor's handling of personal data, see the privacy policy of the
Licensor.
8.4 The User acknowledges that the Licensor is not responsible for
communications sent by other users of the Game.
8.5 The User acknowledges that User Communications are not private.
8.6 The User acknowledges that User Communications may be subject to
profanity filters.
9. Feedback
9.1 The User may from time to time provide Feedback to the Licensor, and you
grant to Licensor and its affiliates a worldwide, perpetual, irrevocable, royalty-
free, transferable, sublicensable (through multiple tiers) license to use and
incorporate the Feedback into the Game and Licensor's other products and
services.
9.2 The User acknowledges that:
(a) the Licensor is not obliged to take account of, implement or otherwise
use any Feedback; and
(b) the Licensor will not compensate the User with respect to any Feedback,
whether or not the Licensor takes account of, implements or otherwise
uses that Feedback.
10. Updates
10.1 The Licensor may during the Term make available Updates to the User, but
shall have no obligation to do so.
10.2 The User must, if prompted to do so by the Game or by the Licensor, apply an
Update or Updates before using the Game.
10.3 If the User does not apply any Update to the Game, then the User shall cease
to have any right to use the Game until such time as it does so. The User
acknowledges that the Licensor may use technical measures to enforce this
Clause 10.3.
10.4 The User agrees that the Licensor may automatically apply Updates to the
Game.
10.5 The User acknowledges and agrees that Updates may change, modify or
remove some or all of the functionality of the Game, without notice to you and
without any liability to you or any other person.
11. Support Services
11.1 The Licensor may provide Support Services to the User, but shall have no
obligation to do so.
11.2 Any Support Services shall be provided remotely and by such means as the
Licensor may designate.
11.3 The User acknowledges and agrees that the Licensor gives no warranties or
guarantees in relation to the outcome of the Support Services and, in
particular, issues identified through the Support Services may only be
resolved through the application of a future Update or, at the discretion of the
Licensor, not at all.
12. Credits
12.1 The Licensor may make available to the User the opportunity to purchase or
otherwise acquire Credits, but shall have no obligation to do so.
12.2 When the User acquires access to Credits, the Licensor grants to the User a
licence to use the Credits, subject to the limitations and prohibitions in this
Clause 12.
12.3 Except as expressly provided otherwise in this Clause 12, the Licensor
reserves all rights in the Credits; and although the User may benefit from a
licence to use Credits, the User does not obtain any ownership rights in
respect of Credits.
12.4 Purchases of Credits are not refundable, transferable or exchangeable, except
to the extent required by applicable law.
12.5 Credits are not redeemable for money or value, except to the extent required
by applicable law.
12.6 The User must not use the Credits for any purpose other than acquiring DLC
in accordance with the procedures for such acquisition established by the
Licensor.
12.7 The User must not transfer, distribute, redistribute, sell, gift, exchange, trade,
lease, sub-license or rent Credits except as expressly permitted by the
Licensor.
12.8 The User acknowledges that the Licensor may:
(a) vary the Credit prices of items and may otherwise take actions that
affect the utility of Credits;
(b) impose limits upon the amounts of Credits that the User may acquire;
and
(c) enhance, modify, substitute, terminate, cancel, retire or suspend the
Credits and/or the User's access to or ability to spend the Credits,
in each case in its sole discretion and except to the extent prohibited by
applicable law.
12.9 Upon the termination of this EULA, any and all rights of the User in relation to
the Credits shall immediately and automatically terminate.
12.10For the avoidance of doubt, the Licensor may use technical measures to
enforce the provisions of this Clause 12.
13. Distribution Platforms
13.1 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.
13.2 In the event of any conflict between this EULA and the Distribution Platform
Terms and Conditions, the provisions of the former shall take precedence.
13.3 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.
13.4 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.
13.5 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 18.1, 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.
14. Intellectual Property Rights
14.1 Nothing in this EULA shall constitute an assignment or transfer of any
Intellectual Property Rights of the Licensor.
14.2 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.
15. Warranties
15.1 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.
15.2 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.
15.3 THE USER ACKNOWLEDGES THAT EXCEPT AS EXPRESSLY SET OUT UNDER
THIS EULA OR TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE
LAW, THE GAME, DLC, CREDITS, ONLINE SERVICES, SUPPORT SERVICES, AND
EACH OF THEIR RESPECTIVE CONTENTS (COLLECTIVELY, THE "LICENSOR IP")
ARE PROVIDED “AS IS” AND “AS AVAILABLE”, AND MAY INCLUDE ERRORS,
OMISSIONS, OR OTHER INACCURACIES. YOUR USE OF THE LICENSOR IP IS AT
YOUR OWN RISK. THE LICENSOR DISCLAIMS ALL WARRANTIES,
REPRESENTATIONS, COVENANTS AND CONDITIONS (EXPRESS, IMPLIED OR
STATUTORY) IN CONNECTION WITH THE LICENSOR IP, INCLUDING ANY
WARRANTIES, REPRESENTATIONS, COVENANTS, CONDITIONS, OR OTHER
TERMS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
ACCURACY, COMPLETENESS, PERFORMANCE, AND NON-INFRINGEMENT. THE
LICENSOR IS NOT RESPONSIBLE FOR THE SECURITY OF ANY INFORMATION
TRANSMITTED TO OR FROM THE LICENSOR IP. THE LICENSOR MAKES NO
REPRESENTATIONS OR WARRANTIES ABOUT ANY THIRD PARTY WEBSITES,
PRODUCTS OR LICENSOR IP OR RELATED CONTENT DIRECTLY OR INDIRECTLY
ACCESSED THROUGH ANY LINKS MADE AVAILABLE BY WAY OF THE LICENSOR
IP OR ANOTHER USER. YOUR SOLE AND EXCLUSIVE REMEDY FOR
DISSATISFACTION WITH THE LICENSOR IP TO STOP USING THEM.
16. Acknowledgements and warranty limitations
16.1 The User acknowledges that the use of the Licensor IP 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.
16.2 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 Licensor IP will be wholly free from defects, errors and
bugs or operate without interruption.
16.3 The User acknowledges that complex software is never entirely free from
security vulnerabilities; and the Licensor gives no warranty or representation
that the Licensor IP will be entirely secure.
17. User indemnity
17.1 The User shall indemnify and shall keep indemnified the Licensor against any
and all liabilities, damages, losses, costs and expenses (including legal
expenses and amounts reasonably paid in settlement of legal claims) suffered
or incurred by the Licensor and arising directly or indirectly as a result of:
(a) the use of the Licensor IP by the User; and/or
(b) any breach by the User of this EULA.
18. Limitations and exclusions of liability
18.1 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.
18.2 The limitations and exclusions of liability set out in this Clause 18 and
elsewhere in this EULA:
(a) are subject to Clause 18.1; 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.
18.3 The Licensor and the Licensor Representatives, jointly and severally, will not
be liable to the User in respect of any losses arising out of a Force Majeure
Event.
18.4 The Licensor and the Licensor Representatives, jointly and severally, 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.
18.5 The Licensor and the Licensor Representatives, jointly and severally, will not
be liable to the User in respect of any loss or corruption of any data, database
or software.
18.6 The Licensor and the Licensor Representatives, jointly and severally, will not
be liable to the User in respect of any special, indirect, incidental, punitive,
exemplary, aggravated or consequential loss or damage.
18.7 The total aggregate liability of the Licensor and the Licensor Representatives
to the User under this EULA in respect of any event or series of related events
shall not exceed $500.
18.8 In some circumstances, applicable law may not allow for limitations on certain
implied warranties, or exclusions or limitations of certain damages as set out
in Sections 15-18 of this EULA and solely to the extent that such law applies
to you, some or all of the above disclaimers, exclusions or limitations may not
apply to you.
19. Termination
19.1 This EULA shall immediately and automatically terminate if the User commits
any breach of this EULA.
19.2 If all orders made under this EULA are cancelled in accordance with Section 4
of Schedule 1 (Direct Purchasing), then this EULA shall automatically and
immediately terminate.
19.3 This EULA shall immediately and automatically terminate following the
conclusion of the Alpha Test if replaced by any substantially similar
agreement governing another version of the Game (the “Replacement
Terms”). In the event of such termination, you will have the opportunity to
review the Replacement Terms and accept or decline such Replacement
Terms. If you decline the Replacement Terms, Section 20 (Effects of
termination) of this EULA shall govern.
20. Effects of termination
20.1 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, 6, 7, 8.1, 8.2, 12, 13, 14, 15, 17, 18, 20,
21.2, 22, 23 and 24.
20.2 Except to the extent expressly provided otherwise in this EULA, the
termination of this EULA shall not affect the accrued rights of either party.
20.3 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.
20.4 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.
21. Third party websites
21.1 The Game may include hyperlinks to websites owned and operated by third
parties; such hyperlinks are not recommendations.
21.2 The Licensor has no control over third party websites, their contents or their
handling of personal data and, subject to Clause 18.1, the Licensor accepts no
responsibility for them or for any loss or damage that may arise from the use
of them by the User.
22. Equitable relief
22.1 The User acknowledges that:
(a) damages or other compensatory payments may not be an adequate
remedy for a breach of this EULA by the User; and
(b) the Licensor shall be entitled to injunctive or other equitable relief from
a court of competent jurisdiction in relation to any such breach, whether
the breach is actual or threatened,
without prejudice to the other rights and remedies of the Licensor.
23. General
23.1 No breach of any provision of this EULA shall be waived except with the
express written consent of the party not in breach.
23.2 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).
23.3 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.
23.4 The User hereby agrees that the Licensor may assign the Licensor's
contractual rights and obligations under this EULA to any third party -
providing that such action does not serve to reduce the guarantees benefiting
the User under this EULA. Save to the extent expressly permitted by
applicable law, the User must not without the prior written consent of the
Licensor assign, transfer or otherwise deal with any of the User's contractual
rights or obligations under this EULA.
23.5 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.
23.6 Subject to Clause 18.1, 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.
23.7 This EULA shall be governed by and construed in accordance with the laws of
the Province of Ontario and the federal laws of Canada applicable therein,
without regard to conflict of laws principles.
23.8 Subject to any mandatory requirements of applicable law, the courts of
Toronto, Ontario shall have exclusive jurisdiction to adjudicate any dispute
arising under or in connection with this EULA.
23.9 This EULA is expressly made subject to any laws, regulations, orders or other
restrictions on export from the United States of America (U.S.) or Canada of
the Services, or any information about any of them, which may be imposed
from time to time by the governments of the U.S. or Canada. You shall not
export the Services, or any information about any of them without the prior
written consent of the Licensor and compliance with such laws, regulations,
orders and other restrictions. You represent and warrant that (a) you are not
located in a country that is subject to a U.S. or Canadian government
embargo, or that has been designated by the U.S. or Canadian government as
a “terrorist supporting” country, and (b) you are not listed on any U.S. or
Canadian government list of prohibited or restricted parties.
24. Interpretation
24.1 In this EULA, a reference to a statute or statutory provision includes a
reference to:
(a) that statute or statutory provision as modified, consolidated and/or re-
enacted from time to time; and
(b) any subordinate legislation made under that statute or statutory
provision.
24.2 The Clause headings do not affect the interpretation of this EULA.
24.3 In this EULA, general words shall not be given a restrictive interpretation by
reason of being preceded or followed by words indicating a particular class of
acts, matters or things.
SCHEDULE 1 (DIRECT PURCHASING)
1. Introduction
1.1 This Schedule 1 applies to any purchase by the User from the Licensor of the
Game, DLC and/or Online Services; it does not apply to any purchase from
any Distribution Platform operator, any third party retailer or any other third
party.
2. Order process
2.1 The advertising of the Game, DLC and Online Services on the website of the
Licensor constitutes an "invitation to treat" rather than a contractual offer.
2.2 No contract of sale and supply will come into force between the Licensor and
the User unless and until the Licensor accepts the User's order in accordance
with the procedure set out in this Section 2.
2.3 To enter into a contract of sale and supply through the website of the
Licensor, the following steps must be taken: the User must add the relevant
digital products and/or services to the shopping cart, and then proceed to the
checkout; if the User is a new customer, the User must then create an
account with the website and log in; if the User is an existing customer, the
User must enter his or her login details; once the User is logged in, the User
must consent to the terms of this EULA; the User will be transferred to the
website of the appointed payment service provider of the Licensor, and the
payment service provider will handle the User's payment; the Licensor will
then send to the User an initial acknowledgement; and the User will
subsequently either send to the Licensor a confirmation (at which point a
binding contract comes into force) or the Licensor will confirm by email that
the Licensor is not in a position to enter into a contract with the User.
3. Charges
3.1 The User shall pay the Charges to the Licensor in advance by such means as
the Licensor may direct from time to time.
3.2 All amounts stated in or in relation to this EULA are, unless the context
requires otherwise, stated inclusive of any applicable Canadian value added
taxes.
4. Distance contracts: cancellation right
4.1 This Section 4 applies if and only if the User enters into or makes an offer to
enter into a contract under this EULA with the Licensor where:
(a) the User acts as a consumer (that is, as an individual acting wholly or
mainly outside the trade, business, craft or profession of the User);
(b) the contract is a distance contract within the meaning of the Consumer
Contracts (Information, Cancellation and Additional Charges)
Regulations 2013; and
(c) the contract is for the provision of services or digital content by the
Licensor to the User,
(an "Order").
4.2 The User may withdraw an offer to enter into an Order with the Licensor at
any time; and the User may cancel an Order entered into with the Licensor at
any time within the period:
(a) beginning when that Order was entered into; and
(b) ending at the end of 14 days after the day on which that Order was
entered into,
subject to Sections 4.3 and 4.4. The User does not have to give any reason for
the withdrawal or cancellation.
4.3 In the case of an Order for the provision of services, the User agrees that the
Licensor may begin the provision of services before the expiry of the period
referred to in Section 4.2, and the User acknowledges that, if the Licensor
does begin the provision of services before the end of that period, then:
(a) if the services are fully performed, the User will lose the right to cancel
referred to in Section 4.2; and
(b) if the services are partially performed at the time of cancellation, the
User must pay to the Licensor an amount proportional to the services
supplied or the Licensor may deduct such amount from any refund due
to the User in accordance with this Section 4.
4.4 In the case of an Order for the provision of digital content, the User agrees
that the Licensor may begin the provision of digital content before the expiry
of the period referred to in Section 4.2, and the User acknowledges that, if the
Licensor does begin the provision of digital content before the end of that
period, the User will lose the right to cancel referred to in Section 4.2.
4.5 In order to withdraw an offer to enter into an Order or cancel an Order on the
basis described in this Section 4, the User must inform the Licensor of the
User's decision to withdraw or cancel (as the case may be). The User may
inform the Licensor by means of any clear statement setting out the decision.
In the case of cancellation, the User may inform the Licensor using the
cancellation form that the Licensor will make available to the User. To meet
the cancellation deadline, it is sufficient for the User to send its
communication concerning the exercise of the right to cancel before the
cancellation period has expired.
4.6 If the User withdraws an offer to enter into an Order or cancels an Order on
the basis described in this Section 4, the User will receive a full refund of any
amount the User paid to the Licensor in respect of that Order, except as
specified in this Section 4.
4.7 The Licensor will refund money using the same method used to make the
payment, unless the User has expressly agreed otherwise. In any case, the
User will not incur any fees as a result of the refund.
4.8 The Licensor will process the refund due to the User as a result of a
cancellation on the basis described in this Section 4 without undue delay and,
in any case, within the period of 14 days after the day on which the Licensor
is informed of the cancellation.
5. Statutory and regulatory disclosures
5.1 The Licensor will not file a copy of this EULA specifically in relation to each
person with whom the Licensor contracts and, if the Licensor updates this
EULA, the version to which the User originally agreed may no longer be
available to the User. The Licensor recommends that the User saves a copy of
this EULA for future reference.
5.2 This EULA is available in the English language only.
SCHEDULE 2 (THIRD-PARTY AND OPEN-SOURCE LICENSES)
Resource Link LicenseType
.NET Core https://github.com/dotnet/core/blob/main/LICENSE.TXT MIT
UniTask https://github.com/Cysharp/UniTask/blob/master/LICENSE MIT
Fleck https://github.com/statianzo/Fleck/blob/master/LICENSE MIT
WebSocketSharp https://github.com/sta/websocket-sharp/blob/master/LICENSE.txt MIT
Newtonsoft.Json https://github.com/JamesNK/Newtonsoft.Json/blob/master/LICENSE.md MIT
Davinci https://github.com/shamsdev/davinci MIT
RestSharp https://github.com/restsharp/RestSharp Apache v2
WebP https://github.com/netpyoung/unity.webp MIT
Graphy https://assetstore.unity.com/packages/tools/gui/graphy-ultimate-fps-counter-stats-monitor-debugger-105778
Standard Unity Asset Store EULA
Photon(Chat) https://www.photonengine.com/en-us/chat/pricing Paid(Per CCU)
Loop Scroll React https://github.com/qiankanglai/LoopScrollRect/blob/master/LICENSE MIT
PlayFab https://playfab.com/pricing/ Paid
Chakra Petch https://fonts.google.com/specimen/Chakra+Petch#license OFL Page:https://scripts.sil.org/cms/scripts/page.php?site_id=nrsi&id=OFL Open Font License
Cubemaps https://hdri-haven.com/
Canada Inc. dba Parallel Studios (hereinafter the "Licensor", "we" or "our")
licenses the Game for use.
The first time you launch the Game from our website or a Distribution Platform, you
will be asked to give your express agreement to the provisions of this EULA. Once
accepted by you, this EULA will constitute a binding agreement between you
(hereinafter “you” or the “User”) and Licensor.
FOR GREATER CERTAINTY, LICENSOR PROVIDES THE GAME SOLELY ON THE TERMS
AND CONDITIONS SET FORTH IN THIS EULA AND ON THE CONDITION THAT THE
USER ACCEPTS AND COMPLIES WITH THEM. BY CLICKING THE “ACCEPT” BUTTON
BELOW OR LAUNCHING THE GAME, YOU (A) ACCEPT THIS EULA AND AGREE THAT
YOU ARE LEGALLY BOUND BY ITS TERMS; AND (B) REPRESENT AND WARRANT THAT:
(I) YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (II) IF THE
USER IS A CORPORATION, GOVERNMENTAL ORGANIZATION, OR OTHER LEGAL
ENTITY, YOU HAVE THE RIGHT, POWER, AND AUTHORITY TO ENTER INTO THIS
AGREEMENT ON BEHALF OF THE USER AND BIND THE USER TO ITS TERMS. IF YOU
DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, LICENSOR WILL NOT AND
DOES NOT LICENCE THE GAME TO YOU, AND YOU MUST NOT DOWNLOAD/INSTALL
THE GAME OR DOCUMENTATION.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS EULA OR YOUR
ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS EULA, NO LICENCE IS
GRANTED (WHETHER EXPRESSLY, BY IMPLICATION OR OTHERWISE) UNDER THIS
AGREEMENT, AND THIS AGREEMENT EXPRESSLY EXCLUDES ANY RIGHT
CONCERNING, ANY SOFTWARE THAT YOU DID NOT ACQUIRE LAWFULLY OR THAT IS
NOT A LEGITIMATE, AUTHORIZED COPY OF LICENSOR’S SOFTWARE.
THE GAME, THE DOCUMENTATION, THE CREDITS, THE ONLINE SERVICES AND ALL
OTHER MATTERS REFERENCED HEREIN ARE PROVIDED AS PART OF AN “ALPHA”
TEST AND MAY BE SUBJECT TO UPDATES FROM TIME TO TIME. LICENSOR
ACCORDINGLY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS, AS SET
FORTH IN GREATER DETAIL HEREIN.
This EULA should be read in conjunction with our privacy policy, which is available
at https://parallel.life/privacy-policy/ (the “Privacy Policy”), as well as our website
terms of service, available at https://parallel.life/terms-of-use/ (the “TOU”). By
reading further and accepting this EULA as detailed herein, you represent and
warrant that you have read, and agree to abide by, the Privacy Policy and TOU. If
you do not agree with the terms of the Privacy Policy and TOU, you should not
agree to this EULA, and you should immediately cease your use of the Game and
inform us in writing.
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:
"Charges" means the charges payable by the User to the Licensor under or in
relation to this EULA, which may include the purchase price of the Game;
"Credits" means the digital credits known as "Glints" that the Licensor makes
available for the User to purchase or otherwise acquire and that can be
exchanged for DLC or other digital content relating to the Game or other
products and services of the Licensor, as applicable (including by way of the
Licensor’s Online Services);
"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;
"Feedback" means any feedback, advice, enhancement request,
recommendation, correction or suggestions provided by the User to the
Licensor by email, through the official online forums for the Game concerning
the Game and/or any other games or any services of the Licensor, or in any
other medium, way or form;
"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 the digital card game "Parallel TCG" developed and provided
by Licensor, 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 Representatives" means the Licensor's directors, officers,
shareholders, employees, contractors, partners, affiliates and representatives.
"Online Services" means the software-based services provided by the
Licensor via the internet and designed for use in conjunction with the Game;
"Permitted Hardware" means 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;
"Support Services" means support in relation to the use of the Game and
the identification and resolution of bugs and other errors in the Game;
"Term" means the term of this EULA, commencing in accordance with Clause
2.1 and ending in accordance with Clause 2.2;
"Update" means a hotfix, patch or version update (minor or major) to the
Game;
"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;
"User Communications" means any text, voice or other communications
sent or transmitted by the User to any other user of the Game by means of
the Game;
"User Content" means all works and materials (including text, graphics,
images, audio material, video material, audio-visual material, scripts, software
and files) that the User submits to the Game (including, for the avoidance of
doubt, any User-created in-Game content), save to the extent that such works
and materials are expressly excluded by this EULA, but in any case including
User Communications, and excluding Feedback; and
"User Creations" means screenshots, audio recordings and video footage
created by the User that reproduce content from the Game, together with any
derivative works of such screenshots, audio recordings and video footage
created by the User (such as memes, reviews, game guides, “Let's Play”
videos (or other videos of a similar nature, whether or not referred to as a
“Let’s Play” video) and livestreams).
2. Term
2.1 This EULA shall come into force upon the Effective Date.
2.2 This EULA shall continue in force indefinitely, subject to termination in
accordance with Clause 19 or any other provision of this EULA.
3. Licence
3.1 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 limited, worldwide, non-exclusive, non-
transferable, revocable 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 3. This licence
is granted subject to the payment of any applicable Licensor, Distribution
Platform and supplier charges.
3.2 The User may permit the family members and friends of the User (but, for the
avoidance of doubt, no other persons) to use the User's installation of the
Game on the Permitted Hardware in accordance with the Documentation
(such persons, “Authorized Users”). The User is responsible and liable for all
uses of the User’s installation of the Game, directly or indirectly. Specifically,
and without limiting the generality of the foregoing, the User is responsible
and liable for all actions and failures to take required actions with respect to
the Game and/or the Online Services by its Authorized Users or by any other
person to whom the User, or an Authorized User, may provide access to or
use of the Game, whether such access or use is permitted by or in violation of
this EULA.
3.3 Any licence granted to the User under this Clause 3 shall be subject to the
following prohibitions:
(a) the User must not license, sublicense, sell, resell, rent, lease, loan,
license, sub-license, gift, supply, transfer, publish, host, 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, destroy, remove, disable or circumvent any
security protection measures or proprietary notices (including copyright
notices) or markings 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 3.3
relating to the Game shall apply equally to the Documentation.
3.4 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.
3.5 All copies, including back up copies, of the Game and the Documentation
made by the User:
(a) will be the exclusive property of the Licensor;
(b) will be subject to the terms and conditions of this EULA; and
(c) must include all trademark, copyright, patent, and other Intellectual
Property Rights notices contained in the original.
3.6 The Game includes software, content, data, or other materials (collectively
“Third-Party Materials”), including related documentation, that are owned
by persons other than Licensor and that are provided to the User on license
terms that are in addition to and/or different from those contained in this
EULA (”Third-Party Licences”).
(a) A list of all materials included in the Game and provided under Third-
Party Licences is set forth on Schedule 2 to this EULA, and the applicable
Third-Party Licences (if available) are accessible via links therefrom.
Ownership of all Intellectual Property Rights in such Third-Party Materials
remains with the respective owners thereof. In accepting the terms of this
EULA, the User is bound by and shall comply with all Third-Party Licences. Any
breach by the User of any Third-Party Licence is also a breach of this EULA.
(b) The Licensor makes no representations or warranties with respect to,
nor does it guarantee or endorse, any Third-Party Materials. The Licensor does
not guarantee the continued availability of Third-Party Materials, and the
Licensor may disable any Third-Party Materials in the Licensor’s sole
discretion. Your dealings with the provider of any Third-Party Materials are
solely between you and the provider. Accordingly, the Licensor expressly
disclaims responsibility and liability for all Third-Party Materials, and you
agree that the Licensor shall not be responsible for any loss or damage of any
sort incurred as a result of any such dealings or as a result of your use of
Third-Party Materials. If you have any issues with any Third-Party Materials,
you must contact the provider of the Third-Party Materials directly.
(c) The Game and the Online Services may contain or be provided
together with free or open-source software. Each item of free or open-source
software is subject to its own applicable license terms, which can be found in
the applicable documentation or the applicable help, notices, about or source
files as required by the terms of the applicable open-source license.
Copyrights to the free and open-source software are held by the respective
copyright holders indicated therein. A non-exhaustive list of such licenses is
set forth on Schedule 2 to this EULA.
4. Online Services
4.1 Features of the Game are designed to be used in conjunction with the Online
Services; and the User acknowledges that those features will not function
properly in the absence of access to the Online Services.
4.2 The User is responsible for arranging and maintaining an internet connection
sufficient for access to the Online Services, and for paying all associated fees.
4.3 The User must pay to the Licensor the subscription Charges specified on the
website of the Licensor from time to time for access to the Online Services in
accordance with Section 3.1 of Schedule 1 (Direct Purchasing). If the User fails
to do so, Licensor may cease or suspend the User's access to the Online
Services, without liability or penalty to Licensor.
4.4 The Licensor shall use reasonable endeavours to maintain the availability of
the Online Services during the relevant period, but does not guarantee 100%
availability. In particular, the Online Services may be unavailable as a result of
Updates, scheduled maintenance, emergency maintenance, unanticipated
resource requirements, hardware failures, software failures, service provider
failures or Force Majeure Events.
4.5 The User must ensure that its use of the Online Services is not excessive
(including with respect to bandwidth, processor utilisation and storage) and
does not have a material negative effect upon the use, accessibility or
functionality of the Online Services by others.
4.6 The provisions of Clause 5 relating to the Game shall apply equally to the
Online Services; and, accordingly, references in those provisions to the Game
shall be interpreted to include a reference to the Online Services.
4.7 The Licensor reserves the right to refuse to renew the Online Services or, by
giving at least 30 days' prior written notice to the User, to terminate the
Online Services.
5. Acceptable use
5.1 The User must not use the Game in any of the following ways:
(a) in any way that causes or may cause damage to the Game or to any
other game, products or services of the Licensor;
(b) in any way that causes or may cause impairment of or interference with
the performance, availability, accessibility or security of the Game or
any other game, products or services of the Licensor;
(c) in any way that is unlawful, illegal, fraudulent or harmful, or in
connection with any unlawful, illegal, fraudulent or harmful purpose or
activity;
(d) to copy, store, host, transmit, send, use, publish or distribute any
material which consists of (or is linked to) any spyware, malware,
computer virus, Trojan horse, worm, keystroke logger, rootkit or other
malicious computer software which are potentially harmful, disruptive
or destructive or may pose an unreasonable or disproportionately large
load on the infrastructure of the Game;
(e) to conduct any systematic or automated data collection activities
(including scraping, data mining, data extraction and data harvesting);
(f) in a manner that impersonates another person or entity or otherwise
misrepresents your affiliation with another person or entity, including
the Licensor;
(g) by means of any software not authorised by the Licensor; or
(h) by any automated means.
5.2 The User must not, when using the Game:
(a) harass, antagonise, insult or ridicule any player or group of players;
(b) discriminate against any player on the basis of race, ethnicity,
nationality, sex, gender, sexual orientation, religion, age, disability or
any legally-protected criteria;
(c) engage in social engineering, including manipulating any player to
disclose confidential or personal information;
(d) spam or flood any Game communications channels with any irrelevant,
duplicate or low-quality content or messages;
(e) publicly name or otherwise reveal the identity of any other player;
(f) engage in any scamming, fraudulent conduct or deceptive conduct;
(g) abandon or exit the Game by any means other than the Game
functionality where such abandonment or exit is liable to negatively
affect another player's enjoyment of the Game; or
(h) otherwise take any action that is liable to negatively affect other
players' enjoyment of the Game.
5.3 The User must not cheat when playing the Game or otherwise in relation to
the Game.
5.4 Without prejudice to Clause 5.3, the User must not:
(a) edit Game software code or Game data held in memory;
(b) buy, sell or transfer any Game account;
(c) take unfair advantage of errors in the Game design or bugs in the Game
software code to the detriment of any other player of the Game;
(d) access the Game using any other person's account or allow any other
person to access the Game using the account of the User (except to the
extent expressly permitted in this EULA); or
(e) use any software or software-based services to give any player an
unfair advantage in the Game.
5.5 Cheat detection software may be included with or as part of the Game, and
the User must not remove, disable or otherwise tamper with that cheat
detection software.
5.6 If the User breaches this Clause 5, the Game's cheat-detection software
determines that this Clause 5 has been breached by the User or the Licensor
reasonably believes that the User has breached this Clause 5, the Licensor
may:
(a) ban or block the User or suspend the User's access to the Game;
(b) edit, alter or amend the in-Game assets of the User, including the User's
Credits; and/or
(c) terminate this EULA.
5.7 The User must not evade or circumvent, or attempt to evade or circumvent,
any ban, block or suspension instituted by the Licensor in relation to the
Game.
6. User Content
6.1 Nothing in this EULA shall transfer ownership of any Intellectual Property
Rights in the User Content from the User to the Licensor.
6.2 The User grants to the Licensor a worldwide, non-exclusive, royalty-free and
irrevocable licence to copy, store, adapt, edit, publish, unpublish, delete,
translate, distribute and otherwise use the User Content for the purposes of
marketing, advertising, promoting, publicising, managing, enhancing,
improving and/or supplementing the Game.
6.3 The User grants to the Licensor the right to sub-license the rights licensed
under Clause 6.2.
6.4 The User grants to the Licensor the right to bring an action for infringement of
the rights licensed under Clause 6.2.
6.5 The User hereby waives all of the User's moral rights in the User Content to
the maximum extent permitted by applicable law; and the User warrants and
represents that all other moral rights in the User Content have been waived to
the maximum extent permitted by applicable law.
6.6 The User must ensure that the User Content is not illegal or unlawful, does not
infringe any person's legal rights, and is not capable of giving rise to legal
action against any person (in each case in any jurisdiction and under any
applicable law).
6.7 The User must ensure that the User Content, and its use by the Licensor in
accordance with the licences set out in this EULA, does not:
(a) constitute a libel or malicious falsehood;
(b) constitute an obscenity or indecency;
(c) infringe any copyright, moral right, database right, trade mark right,
design right, right in passing off, or other intellectual property right;
(d) infringe any right of confidence, right of privacy or right under data
protection legislation;
(e) constitute negligent advice or contain any negligent statement;
(f) constitute in an incitement to commit a crime, instructions for the
commission of a crime or the promotion of criminal activity;
(g) constitute a contempt of any court, or be in breach of any court order;
(h) breach any racial or religious hatred or discrimination legislation;
(i) constitute blasphemy;
(j) breach official secrets legislation;
(k) breach any contractual obligation owed to any person or entity;
(l) depict or promote self-harm;
(m) depict or promote violence in an explicit, graphic or gratuitous manner;
(n) depict nudity;
(o) constitute pornography, or contain lewd, suggestive or sexually explicit
material;
(p) contain any untrue, false, inaccurate or misleading material;
(q) consist of or contain any instructions, advice or other information which
may be acted upon and could, if acted upon, cause illness, injury or
death, or any other loss or damage;
(r) contain any offensive, deceptive, defamatory, vulgar, fraudulent,
threatening, abusive, harassing, anti-social, menacing, hateful,
discriminatory, inflammatory or otherwise objectionable material;
(s) cause annoyance, inconvenience or needless anxiety to any person; or
(t) encourage participation in a commercial activity or any other "offline"
activity not contemplated within the Game.
6.8 The User shall ensure that the User Content is appropriate for all persons who
have access to or are likely to access the User Content in question.
6.9 The User shall ensure that the User Content is appropriate, civil and tasteful,
and accords with generally accepted standards of etiquette and behaviour in
video games published by the Licensor.
6.10 The User shall ensure that the User Content does not link to any website, web
page or other resource consisting of or containing material that would, if it
were User Content, breach the provisions of this EULA.
6.11 The User shall ensure that the User Content must not include any material
that is or has ever been the subject of any threatened or actual legal
proceedings or any similar complaint.
6.12 The User shall ensure that the User Content does not consist of or contain any
legal, financial, investment, taxation, accountancy, medical or other
professional advice.
6.13 The User shall ensure that the User Content does not constitute or contain
spam, which for these purposes shall include all unlawful commercial
communications, bulk commercial communications and unsolicited
commercial communications.
6.14 Licensor has the right, without further notice to:
(a) remove or refuse to post any User Content for any or no reason at Licensor's
sole discretion.
(b) at all times, take such actions with respect to any User Content deemed
necessary or appropriate at Licensor's sole discretion.
(c) take appropriate legal action, including, without limitation, referral to law
enforcement or any other governmental authority with respect to User
Content, User Creations or your use of the Game. Without limiting the
foregoing, Licensor may cooperate with any law enforcement authorities or
court order requesting or directing us to disclose the identity or other
information of anyone posting any materials on or through the Game.
6.15 Licensor has no obligation, nor any responsibility to any party to monitor the
Game, and does not and cannot undertake to review material or content that
you or other users submit. Licensor cannot ensure prompt removal of
objectionable or violating material found in User Content after it has been
posted and the User acknowledges and agrees that the Licensor shall have no
liability for any action or inaction regarding transmissions, communications, or
content provided by any user or third party, subject to applicable laws.
7. User Creations
7.1 The provisions of this EULA relating to User Content shall not apply to User
Creations, save to the extent expressly provided otherwise in this Clause 7.
7.2 Subject to Clause 14.2, the User shall retain ownership of all Intellectual
Property Rights in those works and materials comprised in the User Creations
to the extent that they are the original creative work of the User.
7.3 The Licensor hereby grants to the User a limited, worldwide, non-exclusive,
non-transferable licence, during the Term only, to create User Creations in
accordance with the content creation guidelines published on the website of
the Licensor from time to time, subject to the other provisions of this EULA.
7.4 The User must not sell, resell, rent, lease, loan, license, sub-license, gift,
supply, transfer, publish, distribute or redistribute the User Creations. For the
avoidance of doubt, the User must not, for any reason, publish or distribute or
otherwise make available to the public any User Creations (including
screenshots, videos, streaming content, or other methods of presenting User
Creations). The User must not earn or seek to earn money from the User
Creations and must not exploit the User Creations for any commercial
purpose.
7.5 The User must not use the User Creations in any way that is likely to have a
material negative effect upon the reputation or goodwill of the Licensor or the
Game.
7.6 The User must ensure that the User Creations comply with the provisions of
Clause 6 as if they were User Content.
7.7 The User must incorporate and retain a copyright notice and authorship credit
on each of the User Creations, in such form as the Licensor may publish on its
website from time to time.
7.8 The Licensor may terminate the licences granted by the Licensor to the User
and set out in this Clause 7 at any time in its sole discretion by giving to the
User written notice of termination.
8. User Communications
8.1 Notwithstanding that the User Communications form part of the User Content,
the User Communications shall be licensed to the Licensor in accordance with
this Clause 8.2 rather than the licensing provisions of Clause 6.2. For greater
certainty, all other provisions that apply to User Content (excluding Section
6.2) shall apply to User Communications, as applicable.
8.2 The User grants to the Licensor a worldwide, perpetual, non-exclusive,
royalty-free and irrevocable licence to copy, store, translate, communicate
and otherwise use the User Communications for the purposes of providing,
monitoring and administering the Online Services.
8.3 The Licensor may monitor, filter, block, record, remove, delete and/or retain
any or all User Communications, whether or not the relevant User
Communications breach the provisions of this EULA. For more information
about the Licensor's handling of personal data, see the privacy policy of the
Licensor.
8.4 The User acknowledges that the Licensor is not responsible for
communications sent by other users of the Game.
8.5 The User acknowledges that User Communications are not private.
8.6 The User acknowledges that User Communications may be subject to
profanity filters.
9. Feedback
9.1 The User may from time to time provide Feedback to the Licensor, and you
grant to Licensor and its affiliates a worldwide, perpetual, irrevocable, royalty-
free, transferable, sublicensable (through multiple tiers) license to use and
incorporate the Feedback into the Game and Licensor's other products and
services.
9.2 The User acknowledges that:
(a) the Licensor is not obliged to take account of, implement or otherwise
use any Feedback; and
(b) the Licensor will not compensate the User with respect to any Feedback,
whether or not the Licensor takes account of, implements or otherwise
uses that Feedback.
10. Updates
10.1 The Licensor may during the Term make available Updates to the User, but
shall have no obligation to do so.
10.2 The User must, if prompted to do so by the Game or by the Licensor, apply an
Update or Updates before using the Game.
10.3 If the User does not apply any Update to the Game, then the User shall cease
to have any right to use the Game until such time as it does so. The User
acknowledges that the Licensor may use technical measures to enforce this
Clause 10.3.
10.4 The User agrees that the Licensor may automatically apply Updates to the
Game.
10.5 The User acknowledges and agrees that Updates may change, modify or
remove some or all of the functionality of the Game, without notice to you and
without any liability to you or any other person.
11. Support Services
11.1 The Licensor may provide Support Services to the User, but shall have no
obligation to do so.
11.2 Any Support Services shall be provided remotely and by such means as the
Licensor may designate.
11.3 The User acknowledges and agrees that the Licensor gives no warranties or
guarantees in relation to the outcome of the Support Services and, in
particular, issues identified through the Support Services may only be
resolved through the application of a future Update or, at the discretion of the
Licensor, not at all.
12. Credits
12.1 The Licensor may make available to the User the opportunity to purchase or
otherwise acquire Credits, but shall have no obligation to do so.
12.2 When the User acquires access to Credits, the Licensor grants to the User a
licence to use the Credits, subject to the limitations and prohibitions in this
Clause 12.
12.3 Except as expressly provided otherwise in this Clause 12, the Licensor
reserves all rights in the Credits; and although the User may benefit from a
licence to use Credits, the User does not obtain any ownership rights in
respect of Credits.
12.4 Purchases of Credits are not refundable, transferable or exchangeable, except
to the extent required by applicable law.
12.5 Credits are not redeemable for money or value, except to the extent required
by applicable law.
12.6 The User must not use the Credits for any purpose other than acquiring DLC
in accordance with the procedures for such acquisition established by the
Licensor.
12.7 The User must not transfer, distribute, redistribute, sell, gift, exchange, trade,
lease, sub-license or rent Credits except as expressly permitted by the
Licensor.
12.8 The User acknowledges that the Licensor may:
(a) vary the Credit prices of items and may otherwise take actions that
affect the utility of Credits;
(b) impose limits upon the amounts of Credits that the User may acquire;
and
(c) enhance, modify, substitute, terminate, cancel, retire or suspend the
Credits and/or the User's access to or ability to spend the Credits,
in each case in its sole discretion and except to the extent prohibited by
applicable law.
12.9 Upon the termination of this EULA, any and all rights of the User in relation to
the Credits shall immediately and automatically terminate.
12.10For the avoidance of doubt, the Licensor may use technical measures to
enforce the provisions of this Clause 12.
13. Distribution Platforms
13.1 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.
13.2 In the event of any conflict between this EULA and the Distribution Platform
Terms and Conditions, the provisions of the former shall take precedence.
13.3 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.
13.4 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.
13.5 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 18.1, 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.
14. Intellectual Property Rights
14.1 Nothing in this EULA shall constitute an assignment or transfer of any
Intellectual Property Rights of the Licensor.
14.2 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.
15. Warranties
15.1 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.
15.2 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.
15.3 THE USER ACKNOWLEDGES THAT EXCEPT AS EXPRESSLY SET OUT UNDER
THIS EULA OR TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE
LAW, THE GAME, DLC, CREDITS, ONLINE SERVICES, SUPPORT SERVICES, AND
EACH OF THEIR RESPECTIVE CONTENTS (COLLECTIVELY, THE "LICENSOR IP")
ARE PROVIDED “AS IS” AND “AS AVAILABLE”, AND MAY INCLUDE ERRORS,
OMISSIONS, OR OTHER INACCURACIES. YOUR USE OF THE LICENSOR IP IS AT
YOUR OWN RISK. THE LICENSOR DISCLAIMS ALL WARRANTIES,
REPRESENTATIONS, COVENANTS AND CONDITIONS (EXPRESS, IMPLIED OR
STATUTORY) IN CONNECTION WITH THE LICENSOR IP, INCLUDING ANY
WARRANTIES, REPRESENTATIONS, COVENANTS, CONDITIONS, OR OTHER
TERMS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
ACCURACY, COMPLETENESS, PERFORMANCE, AND NON-INFRINGEMENT. THE
LICENSOR IS NOT RESPONSIBLE FOR THE SECURITY OF ANY INFORMATION
TRANSMITTED TO OR FROM THE LICENSOR IP. THE LICENSOR MAKES NO
REPRESENTATIONS OR WARRANTIES ABOUT ANY THIRD PARTY WEBSITES,
PRODUCTS OR LICENSOR IP OR RELATED CONTENT DIRECTLY OR INDIRECTLY
ACCESSED THROUGH ANY LINKS MADE AVAILABLE BY WAY OF THE LICENSOR
IP OR ANOTHER USER. YOUR SOLE AND EXCLUSIVE REMEDY FOR
DISSATISFACTION WITH THE LICENSOR IP TO STOP USING THEM.
16. Acknowledgements and warranty limitations
16.1 The User acknowledges that the use of the Licensor IP 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.
16.2 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 Licensor IP will be wholly free from defects, errors and
bugs or operate without interruption.
16.3 The User acknowledges that complex software is never entirely free from
security vulnerabilities; and the Licensor gives no warranty or representation
that the Licensor IP will be entirely secure.
17. User indemnity
17.1 The User shall indemnify and shall keep indemnified the Licensor against any
and all liabilities, damages, losses, costs and expenses (including legal
expenses and amounts reasonably paid in settlement of legal claims) suffered
or incurred by the Licensor and arising directly or indirectly as a result of:
(a) the use of the Licensor IP by the User; and/or
(b) any breach by the User of this EULA.
18. Limitations and exclusions of liability
18.1 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.
18.2 The limitations and exclusions of liability set out in this Clause 18 and
elsewhere in this EULA:
(a) are subject to Clause 18.1; 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.
18.3 The Licensor and the Licensor Representatives, jointly and severally, will not
be liable to the User in respect of any losses arising out of a Force Majeure
Event.
18.4 The Licensor and the Licensor Representatives, jointly and severally, 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.
18.5 The Licensor and the Licensor Representatives, jointly and severally, will not
be liable to the User in respect of any loss or corruption of any data, database
or software.
18.6 The Licensor and the Licensor Representatives, jointly and severally, will not
be liable to the User in respect of any special, indirect, incidental, punitive,
exemplary, aggravated or consequential loss or damage.
18.7 The total aggregate liability of the Licensor and the Licensor Representatives
to the User under this EULA in respect of any event or series of related events
shall not exceed $500.
18.8 In some circumstances, applicable law may not allow for limitations on certain
implied warranties, or exclusions or limitations of certain damages as set out
in Sections 15-18 of this EULA and solely to the extent that such law applies
to you, some or all of the above disclaimers, exclusions or limitations may not
apply to you.
19. Termination
19.1 This EULA shall immediately and automatically terminate if the User commits
any breach of this EULA.
19.2 If all orders made under this EULA are cancelled in accordance with Section 4
of Schedule 1 (Direct Purchasing), then this EULA shall automatically and
immediately terminate.
19.3 This EULA shall immediately and automatically terminate following the
conclusion of the Alpha Test if replaced by any substantially similar
agreement governing another version of the Game (the “Replacement
Terms”). In the event of such termination, you will have the opportunity to
review the Replacement Terms and accept or decline such Replacement
Terms. If you decline the Replacement Terms, Section 20 (Effects of
termination) of this EULA shall govern.
20. Effects of termination
20.1 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, 6, 7, 8.1, 8.2, 12, 13, 14, 15, 17, 18, 20,
21.2, 22, 23 and 24.
20.2 Except to the extent expressly provided otherwise in this EULA, the
termination of this EULA shall not affect the accrued rights of either party.
20.3 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.
20.4 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.
21. Third party websites
21.1 The Game may include hyperlinks to websites owned and operated by third
parties; such hyperlinks are not recommendations.
21.2 The Licensor has no control over third party websites, their contents or their
handling of personal data and, subject to Clause 18.1, the Licensor accepts no
responsibility for them or for any loss or damage that may arise from the use
of them by the User.
22. Equitable relief
22.1 The User acknowledges that:
(a) damages or other compensatory payments may not be an adequate
remedy for a breach of this EULA by the User; and
(b) the Licensor shall be entitled to injunctive or other equitable relief from
a court of competent jurisdiction in relation to any such breach, whether
the breach is actual or threatened,
without prejudice to the other rights and remedies of the Licensor.
23. General
23.1 No breach of any provision of this EULA shall be waived except with the
express written consent of the party not in breach.
23.2 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).
23.3 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.
23.4 The User hereby agrees that the Licensor may assign the Licensor's
contractual rights and obligations under this EULA to any third party -
providing that such action does not serve to reduce the guarantees benefiting
the User under this EULA. Save to the extent expressly permitted by
applicable law, the User must not without the prior written consent of the
Licensor assign, transfer or otherwise deal with any of the User's contractual
rights or obligations under this EULA.
23.5 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.
23.6 Subject to Clause 18.1, 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.
23.7 This EULA shall be governed by and construed in accordance with the laws of
the Province of Ontario and the federal laws of Canada applicable therein,
without regard to conflict of laws principles.
23.8 Subject to any mandatory requirements of applicable law, the courts of
Toronto, Ontario shall have exclusive jurisdiction to adjudicate any dispute
arising under or in connection with this EULA.
23.9 This EULA is expressly made subject to any laws, regulations, orders or other
restrictions on export from the United States of America (U.S.) or Canada of
the Services, or any information about any of them, which may be imposed
from time to time by the governments of the U.S. or Canada. You shall not
export the Services, or any information about any of them without the prior
written consent of the Licensor and compliance with such laws, regulations,
orders and other restrictions. You represent and warrant that (a) you are not
located in a country that is subject to a U.S. or Canadian government
embargo, or that has been designated by the U.S. or Canadian government as
a “terrorist supporting” country, and (b) you are not listed on any U.S. or
Canadian government list of prohibited or restricted parties.
24. Interpretation
24.1 In this EULA, a reference to a statute or statutory provision includes a
reference to:
(a) that statute or statutory provision as modified, consolidated and/or re-
enacted from time to time; and
(b) any subordinate legislation made under that statute or statutory
provision.
24.2 The Clause headings do not affect the interpretation of this EULA.
24.3 In this EULA, general words shall not be given a restrictive interpretation by
reason of being preceded or followed by words indicating a particular class of
acts, matters or things.
SCHEDULE 1 (DIRECT PURCHASING)
1. Introduction
1.1 This Schedule 1 applies to any purchase by the User from the Licensor of the
Game, DLC and/or Online Services; it does not apply to any purchase from
any Distribution Platform operator, any third party retailer or any other third
party.
2. Order process
2.1 The advertising of the Game, DLC and Online Services on the website of the
Licensor constitutes an "invitation to treat" rather than a contractual offer.
2.2 No contract of sale and supply will come into force between the Licensor and
the User unless and until the Licensor accepts the User's order in accordance
with the procedure set out in this Section 2.
2.3 To enter into a contract of sale and supply through the website of the
Licensor, the following steps must be taken: the User must add the relevant
digital products and/or services to the shopping cart, and then proceed to the
checkout; if the User is a new customer, the User must then create an
account with the website and log in; if the User is an existing customer, the
User must enter his or her login details; once the User is logged in, the User
must consent to the terms of this EULA; the User will be transferred to the
website of the appointed payment service provider of the Licensor, and the
payment service provider will handle the User's payment; the Licensor will
then send to the User an initial acknowledgement; and the User will
subsequently either send to the Licensor a confirmation (at which point a
binding contract comes into force) or the Licensor will confirm by email that
the Licensor is not in a position to enter into a contract with the User.
3. Charges
3.1 The User shall pay the Charges to the Licensor in advance by such means as
the Licensor may direct from time to time.
3.2 All amounts stated in or in relation to this EULA are, unless the context
requires otherwise, stated inclusive of any applicable Canadian value added
taxes.
4. Distance contracts: cancellation right
4.1 This Section 4 applies if and only if the User enters into or makes an offer to
enter into a contract under this EULA with the Licensor where:
(a) the User acts as a consumer (that is, as an individual acting wholly or
mainly outside the trade, business, craft or profession of the User);
(b) the contract is a distance contract within the meaning of the Consumer
Contracts (Information, Cancellation and Additional Charges)
Regulations 2013; and
(c) the contract is for the provision of services or digital content by the
Licensor to the User,
(an "Order").
4.2 The User may withdraw an offer to enter into an Order with the Licensor at
any time; and the User may cancel an Order entered into with the Licensor at
any time within the period:
(a) beginning when that Order was entered into; and
(b) ending at the end of 14 days after the day on which that Order was
entered into,
subject to Sections 4.3 and 4.4. The User does not have to give any reason for
the withdrawal or cancellation.
4.3 In the case of an Order for the provision of services, the User agrees that the
Licensor may begin the provision of services before the expiry of the period
referred to in Section 4.2, and the User acknowledges that, if the Licensor
does begin the provision of services before the end of that period, then:
(a) if the services are fully performed, the User will lose the right to cancel
referred to in Section 4.2; and
(b) if the services are partially performed at the time of cancellation, the
User must pay to the Licensor an amount proportional to the services
supplied or the Licensor may deduct such amount from any refund due
to the User in accordance with this Section 4.
4.4 In the case of an Order for the provision of digital content, the User agrees
that the Licensor may begin the provision of digital content before the expiry
of the period referred to in Section 4.2, and the User acknowledges that, if the
Licensor does begin the provision of digital content before the end of that
period, the User will lose the right to cancel referred to in Section 4.2.
4.5 In order to withdraw an offer to enter into an Order or cancel an Order on the
basis described in this Section 4, the User must inform the Licensor of the
User's decision to withdraw or cancel (as the case may be). The User may
inform the Licensor by means of any clear statement setting out the decision.
In the case of cancellation, the User may inform the Licensor using the
cancellation form that the Licensor will make available to the User. To meet
the cancellation deadline, it is sufficient for the User to send its
communication concerning the exercise of the right to cancel before the
cancellation period has expired.
4.6 If the User withdraws an offer to enter into an Order or cancels an Order on
the basis described in this Section 4, the User will receive a full refund of any
amount the User paid to the Licensor in respect of that Order, except as
specified in this Section 4.
4.7 The Licensor will refund money using the same method used to make the
payment, unless the User has expressly agreed otherwise. In any case, the
User will not incur any fees as a result of the refund.
4.8 The Licensor will process the refund due to the User as a result of a
cancellation on the basis described in this Section 4 without undue delay and,
in any case, within the period of 14 days after the day on which the Licensor
is informed of the cancellation.
5. Statutory and regulatory disclosures
5.1 The Licensor will not file a copy of this EULA specifically in relation to each
person with whom the Licensor contracts and, if the Licensor updates this
EULA, the version to which the User originally agreed may no longer be
available to the User. The Licensor recommends that the User saves a copy of
this EULA for future reference.
5.2 This EULA is available in the English language only.
SCHEDULE 2 (THIRD-PARTY AND OPEN-SOURCE LICENSES)
Resource Link LicenseType
.NET Core https://github.com/dotnet/core/blob/main/LICENSE.TXT MIT
UniTask https://github.com/Cysharp/UniTask/blob/master/LICENSE MIT
Fleck https://github.com/statianzo/Fleck/blob/master/LICENSE MIT
WebSocketSharp https://github.com/sta/websocket-sharp/blob/master/LICENSE.txt MIT
Newtonsoft.Json https://github.com/JamesNK/Newtonsoft.Json/blob/master/LICENSE.md MIT
Davinci https://github.com/shamsdev/davinci MIT
RestSharp https://github.com/restsharp/RestSharp Apache v2
WebP https://github.com/netpyoung/unity.webp MIT
Graphy https://assetstore.unity.com/packages/tools/gui/graphy-ultimate-fps-counter-stats-monitor-debugger-105778
Standard Unity Asset Store EULA
Photon(Chat) https://www.photonengine.com/en-us/chat/pricing Paid(Per CCU)
Loop Scroll React https://github.com/qiankanglai/LoopScrollRect/blob/master/LICENSE MIT
PlayFab https://playfab.com/pricing/ Paid
Chakra Petch https://fonts.google.com/specimen/Chakra+Petch#license OFL Page:https://scripts.sil.org/cms/scripts/page.php?site_id=nrsi&id=OFL Open Font License
Cubemaps https://hdri-haven.com/