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End User License Agreement
Please read this EULA carefully, as it sets out the basis upon which we license
Nyctophobia: Fear the Dark for use.
By clicking "accept agreement" when you first install Nyctophobia: Fear the
Dark, you agree to be bound by the provisions of this EULA. If you do not agree to
be bound by the provisions of this EULA, you must click "reject agreement" during
the installation process and promptly (and in any case within the period of 14 days
following your purchase) return Nyctophobia: Fear the Dark (on the media upon
which Nyctophobia: Fear the Dark was provided) to your supplier. Upon
returning Nyctophobia: Fear the Dark and providing proof of purchase, you will
be entitled to a refund. Refunds will not be provided if the User has agreed to this
EULA and Nyctophobia: Fear the Dark has been played per platform guidelines.
By agreeing to be bound by this EULA, you warrant us that you are at least 18
years of age; if you are not, you must not use Nyctophobia: Fear the Dark.
This EULA should be read in conjunction with our privacy policy, which is available
in the game-engine of Nyctophobia: Fear the Dark.
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 Nyctophobia: Fear the
Dark. If you experience dizziness, muscle twitching, changes to vision,
disorientation, seizures, convulsions and/or any involuntary movements while
playing the Game, you should immediately stop playing and consult a medical
professional.
1. Definitions
1.1 In this EULA, except to the extent expressly provided otherwise:
"Distribution Platform" means any digital distribution platform operated by
a third party by means of which the User lawfully acquired Nyctophobia:
Fear the Dark;
"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 Nyctophobia: Fear the Dark;
"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 Nyctophobia: Fear the
Dark 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 license agreement, including any amendments
to this end user license agreement from time to time;
"Force Majeure Event" means an event, or a series of related events, that
is outside the reasonable control of the party affected (including failures of
the internet or any public telecommunications network, hacker attacks, denial
of service attacks, virus or other malicious software attacks or infections,
power failures, industrial disputes affecting any third party, changes to the
law, disasters, epidemics, pandemics, explosions, fires, floods, riots, terrorist
attacks and wars);
"Game" means [Nyctophobia: Fear the Dark], as modified, patched,
updated, and upgraded from time to time by or with the authorization 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, trademarks, service marks, passing off rights, unfair
competition rights, patents, petty patents, utility models, semi-conductor
topography rights and rights in designs);
"Licensor" means [Good A’Nuff Studios]
"Permitted Hardware" means any desktop, laptop or tablet computer as
well as Sony PlayStation 5 and/or Microsoft Xbox X/S that is owned by and in
the physical control of the User and meets the minimum hardware
requirements for the Game published by the Licensor from time to time;
"Term" means the term of this EULA, commencing in accordance with Clause
3.1 and ending in accordance with Clause 3.2; and
"User" means the person to whom the Licensor grants a right to
Nyctophobia: Fear the Dark under this EULA in accordance with the
preamble to this EULA.
2. Credit
2.1 This document was created using a template from Docular
(https://docular.net).
3. Term
3.1 This EULA shall come into force during the v6 build test of Nyctophobia:
Fear the Dark and will include all Users playing on PC and will include any
future test builds and beta tests. This EULA will remain in effect for the main
game launch of Nyctophobia: Fear the Dark as well as any future updates
or DLC content, which will include all PC, Xbox X/S and PlayStation 5 Users.
3.2 This EULA shall continue in force indefinitely, subject to termination in
accordance with Clause 10 or any other provision of this EULA.
4. License
4.1 The Licensor hereby grants to the User from the date of supply of the Game
to the User until the end of the Term a worldwide, non-exclusive, non-
transferable license to:
(a) install a copy of Nyctophobia: Fear the Dark on the Permitted
Hardware;
(b) install a copy of the Documentation on the Permitted Hardware;
(c) use a single instance of Nyctophobia: Fear the Dark 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 1 back up copy of Nyctophobia: Fear
the Dark, if needed for PC Users only, while creating permissible
modding of Nyctophobia: Fear the Dark as noted in Clause 4.3(e);
for the private and domestic purposes of the User and subject to the
limitations and exclusions set out and referred to in this Clause 4. This license
is granted subject to the payment of any applicable Licensor, Distribution
Platform and supplier charges.
4.2 The User may permit the family members and friends of the User to use the
User's installation of the Game on the Permitted Hardware in accordance with
the Documentation; providing that the User must not allow any other person
or persons to use the Game.
4.3 Any license granted to the User under this Clause 4 shall be subject to the
following prohibitions:
(a) the User must not sell, resell, rent, lease, loan, license, sub-license,
gift, supply, transfer, publish, distribute or redistribute the Game;
(b) the User must not make Nyctophobia: Fear the Dark available for
download or access by others;
(c) the User must not commercially exploit Nyctophobia: Fear the Dark
or use Nyctophobia: Fear the Dark to provide any service (including
using Nyctophobia: Fear the Dark at an internet cafe or computer
gaming center);
(d) the User must not use Nyctophobia: Fear the Dark in connection with
any marketing, advertising or promotional activity;
(e) the Users who play Nyctophobia: Fear the Dark on PC MAY modify,
alter, edit, adapt or create derivative works of Nyctophobia: Fear the
Dark; with the exception that the User must not add children in any
form or format and must not add any sexual content of any kind; Users
on PlayStation 5 and Xbox X/S MAY NOT modify, alter, edit, adapt,
or attempt to create derivative works of Nyctophobia: Fear the Dark
at any time, in accordance with the rules and regulations of Sony and
Microsoft.
(f) the User must not decompile, de-obfuscate or reverse engineer, or
attempt to decompile, de-obfuscate or reverse engineer, Nyctophobia:
Fear the Dark;
(g) the User must not delete, remove, disable or circumvent any security
protection measures or proprietary notices in or associated with
Nyctophobia: Fear the Dark; and
(h) the User must not import or export the Game, or otherwise use
Nyctophobia: Fear the Dark, in contravention of any applicable laws,
save to the extent expressly permitted by this EULA or permitted by
applicable law on a non-excludable basis. The prohibitions in this Clause 4.3
relating to Nyctophobia: Fear the Dark shall apply equally to the
Documentation.
4.4 The User acknowledges that the use of Nyctophobia: Fear the Dark and
the exercise of the rights of the User under this EULA may require the use of
an activation code or key, and further that:
(a) the User shall be responsible for securely storing the activation code or
key; and
(b) the Licensor shall have no obligation to replace a lost, stolen or
corrupted activation code or key.
5. Distribution Platforms
5.1 In addition to this EULA, the Distribution Platform Terms and Conditions may
affect the rights, obligations and liabilities of the User in relation to
Nyctophobia: Fear the Dark.
5.2 In the event of any conflict between this EULA and the Distribution Platform
Terms and Conditions, the provisions of [the former] OR [the latter] shall
take precedence.
5.3 Those provisions of the Distribution Platform Terms and Conditions that
impose obligations and/or liabilities on the User in relation to Nyctophobia:
Fear the Dark excluding those relating to payments are hereby incorporated
into this EULA for the benefit of the Licensor, and as such shall be enforceable
by the Licensor against the User.
5.4 For the avoidance of doubt, the following matters shall be governed by the
provisions of the Distribution Platform Terms and Conditions: the amounts
payable by the User in respect of this EULA; the methods of payment to be
used by the User; and any rights of the User to cancel this EULA and receive
any refunds of amounts paid in respect of this EULA.
5.5 The User acknowledges that the operator of the Distribution Platform has
rights under the Distribution Platform Terms and Conditions which may affect
the exercise of the User's rights under this EULA. Subject to Clause 9.1, the
Licensor will not be in breach of this EULA as a result of, and will not be liable
to the User in respect of:
(a) any act or omission of the operator; or
(b) any loss or damage arising out of the operator's exercise of its rights
under the Distribution Platform Terms and Conditions.
6. Intellectual Property Rights
6.1 Nothing in this EULA shall constitute an assignment or transfer of any
Intellectual Property Rights of the Licensor.
6.2 Save to the extent expressly provided otherwise in this EULA, all the
Intellectual Property Rights and other rights in:
(a) Nyctophobia: Fear the Dark;
(b) the works and materials comprised in Nyctophobia: Fear the Dark;
and
(c) any other software or services of the Licensor,
are hereby reserved to the Licensor and its licensors.
7. Warranties
7.1 If the Licensor reasonably determines, or any third party alleges, that the use
of Nyctophobia: Fear the Dark 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 Nyctophobia: Fear the Dark in such a way that it no longer
infringes the relevant Intellectual Property Rights; or
(b) procure for the User the right to use Nyctophobia: Fear the Dark in
accordance with this EULA.
7.2 The User warrants to the Licensor that it has the legal right and authority to
enter into this EULA and to perform its obligations under this EULA.
7.3 All of the parties' warranties and representations in respect of the subject
matter of this EULA are expressly set out in this EULA. To the maximum
extent permitted by applicable law, no other warranties or representations
concerning the subject matter of this EULA will be implied into this EULA or
any related contract.
8. Acknowledgements and warranty limitations
8.1 The User acknowledges that the use of Nyctophobia: Fear the Dark 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, Nyctophobia:
Fear the Dark may cease to function on the hardware of the User.
8.2 The User acknowledges that complex software is never wholly free from
defects, errors and bugs; and the Licensor gives no warranty or
representation that Nyctophobia: Fear the Dark will be wholly free from
defects, errors and bugs.
8.3 The User acknowledges that complex software is never entirely free from
security vulnerabilities; and the Licensor gives no warranty or representation
that Nyctophobia: Fear the Dark will be entirely secure.
9. Limitations and exclusions of liability
9.1 Nothing in this EULA will:
(a) limit or exclude any liability for death or personal injury resulting from
negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable
law; or
(d) exclude any liabilities that may not be excluded under applicable law,
and, if a party is a consumer, that party's statutory rights will not be excluded
or limited by this EULA, except to the extent permitted by law.
9.2 The limitations and exclusions of liability set out in this Clause 9 and
elsewhere in this EULA:
(a) are subject to Clause 9.1; and
(b) govern all liabilities arising under this EULA or relating to the subject
matter of this EULA, including liabilities arising in contract, in tort
(including negligence) and for breach of statutory duty, except to the
extent expressly provided otherwise in this EULA.
9.3 The Licensor will not be liable to the User in respect of any losses arising out
of a Force Majeure Event.
9.4 The Licensor will not be liable to the User in respect of any business losses,
including loss of or damage to profits, income, revenue, use, production,
anticipated savings, business, contracts, commercial opportunities or
goodwill.
9.5 The Licensor will not be liable to the User in respect of any loss or corruption
of any data, database or software.
9.6 The Licensor will not be liable to the User in respect of any special, indirect or
consequential loss or damage.
10. Termination
10.1 This EULA shall immediately and automatically terminate if the User commits
any breach of this EULA.
11. Effects of termination
11.1 Upon the termination of this EULA, all of the provisions of this EULA shall
cease to have effect, save that the following provisions of this EULA shall
survive and continue to have effect (in accordance with their express terms or
otherwise indefinitely): Clauses 1, 5, 9, 11 and 12.
11.2 Except to the extent expressly provided otherwise in this EULA, the
termination of this EULA shall not affect the accrued rights of either party.
11.3 For the avoidance of doubt, all licenses granted to the User under this EULA
shall terminate upon the termination of this EULA. Accordingly, the User must
immediately cease to use the Game and all other works and materials
licensed to the User under this EULA upon the termination of this EULA.
11.4 Within 2 days following the date of effective termination of this EULA, the
User must irreversibly delete or destroy all copies of Nyctophobia: Fear the
Dark and all copies of all other works and materials licensed to the User
under this EULA in the possession or control of the User.
12. General
12.1 No breach of any provision of this EULA shall be waived except with the
express written consent of the party not in breach.
12.2 If any provision of this EULA is determined by any court or other competent
authority to be unlawful and/or unenforceable, the other provisions of this
EULA will continue in effect. If any unlawful and/or unenforceable provision
would be lawful or enforceable if part of it were deleted, that part will be
deemed to be deleted, and the rest of the provision will continue in effect
(unless that would contradict the clear intention of the parties, in which case
the entirety of the relevant provision will be deemed to be deleted).
12.3 The Licensor may vary this EULA by giving to the User at least 30 days' prior
written notice of the variation or by updating the version of this EULA
published on its website. The continued use of Nyctophobia: Fear the Dark
by the User following any such variation constitutes the acceptance by the
User of that variation. Subject to this, this EULA may only be varied by a
written document signed by or on behalf of each of the parties.
12.4 The User hereby agrees that the Licensor may assign the Licensor's
contractual rights and obligations under this EULA to any third party -
providing that such action does not serve to reduce the guarantees benefiting
the User under this EULA. Save to the extent expressly permitted by
applicable law, the User must not without the prior written consent of the
Licensor assign, transfer or otherwise deal with any of the User's contractual
rights or obligations under this EULA.
12.5 This EULA is made for the benefit of the parties and is not intended to benefit
any third party or be enforceable by any third party. The rights of the parties
to terminate, rescind, or agree to any amendment, waiver, variation or
settlement under or relating to this EULA are not subject to the consent of
any third party.
12.6 Subject to Clause 9.1, this EULA shall constitute the entire agreement
between the parties in relation to the subject matter of this EULA, and shall
supersede all previous agreements, arrangements, and understandings
between the parties in respect of that subject matter.
Please read this EULA carefully, as it sets out the basis upon which we license
Nyctophobia: Fear the Dark for use.
By clicking "accept agreement" when you first install Nyctophobia: Fear the
Dark, you agree to be bound by the provisions of this EULA. If you do not agree to
be bound by the provisions of this EULA, you must click "reject agreement" during
the installation process and promptly (and in any case within the period of 14 days
following your purchase) return Nyctophobia: Fear the Dark (on the media upon
which Nyctophobia: Fear the Dark was provided) to your supplier. Upon
returning Nyctophobia: Fear the Dark and providing proof of purchase, you will
be entitled to a refund. Refunds will not be provided if the User has agreed to this
EULA and Nyctophobia: Fear the Dark has been played per platform guidelines.
By agreeing to be bound by this EULA, you warrant us that you are at least 18
years of age; if you are not, you must not use Nyctophobia: Fear the Dark.
This EULA should be read in conjunction with our privacy policy, which is available
in the game-engine of Nyctophobia: Fear the Dark.
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 Nyctophobia: Fear the
Dark. If you experience dizziness, muscle twitching, changes to vision,
disorientation, seizures, convulsions and/or any involuntary movements while
playing the Game, you should immediately stop playing and consult a medical
professional.
1. Definitions
1.1 In this EULA, except to the extent expressly provided otherwise:
"Distribution Platform" means any digital distribution platform operated by
a third party by means of which the User lawfully acquired Nyctophobia:
Fear the Dark;
"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 Nyctophobia: Fear the Dark;
"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 Nyctophobia: Fear the
Dark 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 license agreement, including any amendments
to this end user license agreement from time to time;
"Force Majeure Event" means an event, or a series of related events, that
is outside the reasonable control of the party affected (including failures of
the internet or any public telecommunications network, hacker attacks, denial
of service attacks, virus or other malicious software attacks or infections,
power failures, industrial disputes affecting any third party, changes to the
law, disasters, epidemics, pandemics, explosions, fires, floods, riots, terrorist
attacks and wars);
"Game" means [Nyctophobia: Fear the Dark], as modified, patched,
updated, and upgraded from time to time by or with the authorization 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, trademarks, service marks, passing off rights, unfair
competition rights, patents, petty patents, utility models, semi-conductor
topography rights and rights in designs);
"Licensor" means [Good A’Nuff Studios]
"Permitted Hardware" means any desktop, laptop or tablet computer as
well as Sony PlayStation 5 and/or Microsoft Xbox X/S that is owned by and in
the physical control of the User and meets the minimum hardware
requirements for the Game published by the Licensor from time to time;
"Term" means the term of this EULA, commencing in accordance with Clause
3.1 and ending in accordance with Clause 3.2; and
"User" means the person to whom the Licensor grants a right to
Nyctophobia: Fear the Dark under this EULA in accordance with the
preamble to this EULA.
2. Credit
2.1 This document was created using a template from Docular
(https://docular.net).
3. Term
3.1 This EULA shall come into force during the v6 build test of Nyctophobia:
Fear the Dark and will include all Users playing on PC and will include any
future test builds and beta tests. This EULA will remain in effect for the main
game launch of Nyctophobia: Fear the Dark as well as any future updates
or DLC content, which will include all PC, Xbox X/S and PlayStation 5 Users.
3.2 This EULA shall continue in force indefinitely, subject to termination in
accordance with Clause 10 or any other provision of this EULA.
4. License
4.1 The Licensor hereby grants to the User from the date of supply of the Game
to the User until the end of the Term a worldwide, non-exclusive, non-
transferable license to:
(a) install a copy of Nyctophobia: Fear the Dark on the Permitted
Hardware;
(b) install a copy of the Documentation on the Permitted Hardware;
(c) use a single instance of Nyctophobia: Fear the Dark 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 1 back up copy of Nyctophobia: Fear
the Dark, if needed for PC Users only, while creating permissible
modding of Nyctophobia: Fear the Dark as noted in Clause 4.3(e);
for the private and domestic purposes of the User and subject to the
limitations and exclusions set out and referred to in this Clause 4. This license
is granted subject to the payment of any applicable Licensor, Distribution
Platform and supplier charges.
4.2 The User may permit the family members and friends of the User to use the
User's installation of the Game on the Permitted Hardware in accordance with
the Documentation; providing that the User must not allow any other person
or persons to use the Game.
4.3 Any license granted to the User under this Clause 4 shall be subject to the
following prohibitions:
(a) the User must not sell, resell, rent, lease, loan, license, sub-license,
gift, supply, transfer, publish, distribute or redistribute the Game;
(b) the User must not make Nyctophobia: Fear the Dark available for
download or access by others;
(c) the User must not commercially exploit Nyctophobia: Fear the Dark
or use Nyctophobia: Fear the Dark to provide any service (including
using Nyctophobia: Fear the Dark at an internet cafe or computer
gaming center);
(d) the User must not use Nyctophobia: Fear the Dark in connection with
any marketing, advertising or promotional activity;
(e) the Users who play Nyctophobia: Fear the Dark on PC MAY modify,
alter, edit, adapt or create derivative works of Nyctophobia: Fear the
Dark; with the exception that the User must not add children in any
form or format and must not add any sexual content of any kind; Users
on PlayStation 5 and Xbox X/S MAY NOT modify, alter, edit, adapt,
or attempt to create derivative works of Nyctophobia: Fear the Dark
at any time, in accordance with the rules and regulations of Sony and
Microsoft.
(f) the User must not decompile, de-obfuscate or reverse engineer, or
attempt to decompile, de-obfuscate or reverse engineer, Nyctophobia:
Fear the Dark;
(g) the User must not delete, remove, disable or circumvent any security
protection measures or proprietary notices in or associated with
Nyctophobia: Fear the Dark; and
(h) the User must not import or export the Game, or otherwise use
Nyctophobia: Fear the Dark, in contravention of any applicable laws,
save to the extent expressly permitted by this EULA or permitted by
applicable law on a non-excludable basis. The prohibitions in this Clause 4.3
relating to Nyctophobia: Fear the Dark shall apply equally to the
Documentation.
4.4 The User acknowledges that the use of Nyctophobia: Fear the Dark and
the exercise of the rights of the User under this EULA may require the use of
an activation code or key, and further that:
(a) the User shall be responsible for securely storing the activation code or
key; and
(b) the Licensor shall have no obligation to replace a lost, stolen or
corrupted activation code or key.
5. Distribution Platforms
5.1 In addition to this EULA, the Distribution Platform Terms and Conditions may
affect the rights, obligations and liabilities of the User in relation to
Nyctophobia: Fear the Dark.
5.2 In the event of any conflict between this EULA and the Distribution Platform
Terms and Conditions, the provisions of [the former] OR [the latter] shall
take precedence.
5.3 Those provisions of the Distribution Platform Terms and Conditions that
impose obligations and/or liabilities on the User in relation to Nyctophobia:
Fear the Dark excluding those relating to payments are hereby incorporated
into this EULA for the benefit of the Licensor, and as such shall be enforceable
by the Licensor against the User.
5.4 For the avoidance of doubt, the following matters shall be governed by the
provisions of the Distribution Platform Terms and Conditions: the amounts
payable by the User in respect of this EULA; the methods of payment to be
used by the User; and any rights of the User to cancel this EULA and receive
any refunds of amounts paid in respect of this EULA.
5.5 The User acknowledges that the operator of the Distribution Platform has
rights under the Distribution Platform Terms and Conditions which may affect
the exercise of the User's rights under this EULA. Subject to Clause 9.1, the
Licensor will not be in breach of this EULA as a result of, and will not be liable
to the User in respect of:
(a) any act or omission of the operator; or
(b) any loss or damage arising out of the operator's exercise of its rights
under the Distribution Platform Terms and Conditions.
6. Intellectual Property Rights
6.1 Nothing in this EULA shall constitute an assignment or transfer of any
Intellectual Property Rights of the Licensor.
6.2 Save to the extent expressly provided otherwise in this EULA, all the
Intellectual Property Rights and other rights in:
(a) Nyctophobia: Fear the Dark;
(b) the works and materials comprised in Nyctophobia: Fear the Dark;
and
(c) any other software or services of the Licensor,
are hereby reserved to the Licensor and its licensors.
7. Warranties
7.1 If the Licensor reasonably determines, or any third party alleges, that the use
of Nyctophobia: Fear the Dark 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 Nyctophobia: Fear the Dark in such a way that it no longer
infringes the relevant Intellectual Property Rights; or
(b) procure for the User the right to use Nyctophobia: Fear the Dark in
accordance with this EULA.
7.2 The User warrants to the Licensor that it has the legal right and authority to
enter into this EULA and to perform its obligations under this EULA.
7.3 All of the parties' warranties and representations in respect of the subject
matter of this EULA are expressly set out in this EULA. To the maximum
extent permitted by applicable law, no other warranties or representations
concerning the subject matter of this EULA will be implied into this EULA or
any related contract.
8. Acknowledgements and warranty limitations
8.1 The User acknowledges that the use of Nyctophobia: Fear the Dark 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, Nyctophobia:
Fear the Dark may cease to function on the hardware of the User.
8.2 The User acknowledges that complex software is never wholly free from
defects, errors and bugs; and the Licensor gives no warranty or
representation that Nyctophobia: Fear the Dark will be wholly free from
defects, errors and bugs.
8.3 The User acknowledges that complex software is never entirely free from
security vulnerabilities; and the Licensor gives no warranty or representation
that Nyctophobia: Fear the Dark will be entirely secure.
9. Limitations and exclusions of liability
9.1 Nothing in this EULA will:
(a) limit or exclude any liability for death or personal injury resulting from
negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable
law; or
(d) exclude any liabilities that may not be excluded under applicable law,
and, if a party is a consumer, that party's statutory rights will not be excluded
or limited by this EULA, except to the extent permitted by law.
9.2 The limitations and exclusions of liability set out in this Clause 9 and
elsewhere in this EULA:
(a) are subject to Clause 9.1; and
(b) govern all liabilities arising under this EULA or relating to the subject
matter of this EULA, including liabilities arising in contract, in tort
(including negligence) and for breach of statutory duty, except to the
extent expressly provided otherwise in this EULA.
9.3 The Licensor will not be liable to the User in respect of any losses arising out
of a Force Majeure Event.
9.4 The Licensor will not be liable to the User in respect of any business losses,
including loss of or damage to profits, income, revenue, use, production,
anticipated savings, business, contracts, commercial opportunities or
goodwill.
9.5 The Licensor will not be liable to the User in respect of any loss or corruption
of any data, database or software.
9.6 The Licensor will not be liable to the User in respect of any special, indirect or
consequential loss or damage.
10. Termination
10.1 This EULA shall immediately and automatically terminate if the User commits
any breach of this EULA.
11. Effects of termination
11.1 Upon the termination of this EULA, all of the provisions of this EULA shall
cease to have effect, save that the following provisions of this EULA shall
survive and continue to have effect (in accordance with their express terms or
otherwise indefinitely): Clauses 1, 5, 9, 11 and 12.
11.2 Except to the extent expressly provided otherwise in this EULA, the
termination of this EULA shall not affect the accrued rights of either party.
11.3 For the avoidance of doubt, all licenses granted to the User under this EULA
shall terminate upon the termination of this EULA. Accordingly, the User must
immediately cease to use the Game and all other works and materials
licensed to the User under this EULA upon the termination of this EULA.
11.4 Within 2 days following the date of effective termination of this EULA, the
User must irreversibly delete or destroy all copies of Nyctophobia: Fear the
Dark and all copies of all other works and materials licensed to the User
under this EULA in the possession or control of the User.
12. General
12.1 No breach of any provision of this EULA shall be waived except with the
express written consent of the party not in breach.
12.2 If any provision of this EULA is determined by any court or other competent
authority to be unlawful and/or unenforceable, the other provisions of this
EULA will continue in effect. If any unlawful and/or unenforceable provision
would be lawful or enforceable if part of it were deleted, that part will be
deemed to be deleted, and the rest of the provision will continue in effect
(unless that would contradict the clear intention of the parties, in which case
the entirety of the relevant provision will be deemed to be deleted).
12.3 The Licensor may vary this EULA by giving to the User at least 30 days' prior
written notice of the variation or by updating the version of this EULA
published on its website. The continued use of Nyctophobia: Fear the Dark
by the User following any such variation constitutes the acceptance by the
User of that variation. Subject to this, this EULA may only be varied by a
written document signed by or on behalf of each of the parties.
12.4 The User hereby agrees that the Licensor may assign the Licensor's
contractual rights and obligations under this EULA to any third party -
providing that such action does not serve to reduce the guarantees benefiting
the User under this EULA. Save to the extent expressly permitted by
applicable law, the User must not without the prior written consent of the
Licensor assign, transfer or otherwise deal with any of the User's contractual
rights or obligations under this EULA.
12.5 This EULA is made for the benefit of the parties and is not intended to benefit
any third party or be enforceable by any third party. The rights of the parties
to terminate, rescind, or agree to any amendment, waiver, variation or
settlement under or relating to this EULA are not subject to the consent of
any third party.
12.6 Subject to Clause 9.1, this EULA shall constitute the entire agreement
between the parties in relation to the subject matter of this EULA, and shall
supersede all previous agreements, arrangements, and understandings
between the parties in respect of that subject matter.