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Please read these terms carefully
This end user licence agreement (EULA) is a legal agreement between you (the user) and Turbo the Moon represented by the owner Diórgenes Antonio Bebice (Steamworks partner ID 248704), (us or we) regarding your use of our computer game software and includes any applicable updates, “patches” and modifications applied or activities carried out by us to support, maintain and otherwise run the game as a service (the Game).
We license use of the Game to you on the terms of this EULA. We do not sell the Game to you and this EULA confers no title or ownership to the Game or any copy thereof. We remain the owner of the Game at all times.
AGREED TERMS
1 GRANT AND SCOPE OF LICENCE
1.1 In consideration of you agreeing to abide by the terms of this EULA, we hereby grant to you a limited, indefinite, non-exclusive and non-transferable licence to use the Game on the terms of this EULA.
1.2 You may:
1.2.1 install and use the Game for your personal purposes only; and
1.2.2 receive and use any free supplementary software code or update of the Game
incorporating “patches” and corrections of errors as may be provided by us from time to time (but see clause 1.3).
1.3 We may update or require you to update the Game, provided that the Game shall always match the description of it that we provided to you before you bought it.
2 RESTRICTIONS
2.1 Except as expressly set out in this EULA or as permitted by any local law, you undertake:
2.1.1 not to copy the Game, except where such copying is incidental to normal use of the Game or where it is necessary for the purpose of back-up or operational security;
2.1.2 not to rent, lease, sub-licence, loan, translate, merge, adapt, vary, alter or modify, the whole or any part of the Game nor permit the Game or any part of it to be combined with, or become incorporated in, any other programs;
2.1.3 not to disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Game nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the Game to obtain the information necessary to create an independent program that can be operated with the Game or with another program (Permitted Objective), and provided that the information obtained by you during such activities:
(a) is used only for the Permitted Objective;
(b) is not disclosed or communicated without our prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and
(c) is not used to create any software that is substantially similar in its expression to the Game;
2.1.4 to keep all copies of the Game secure and to maintain accurate and up-to-date records of the number and locations of all copies of the Game;
2.1.5 to include our copyright notice on all entire and partial copies of the Game in any form;
2.1.6 not to provide, or otherwise make available, the Game in any form, in whole or in part (including, but not limited to, program listings, object and source program listings, object code and source code) to any person without prior written consent from us;
2.1.7 to comply with all applicable technology control or export laws and regulations;
2.1.8 not to create, use, offer, advertise, make available and/or distribute any code, data,
method or device:
(i) that influences and/or facilitates gameplay and thereby gives you and/or any other user an advantage over other players not using such means;
(ii) that accesses or modifies the Game in a manner not authorised by us; or
(iii) that can be used in connection with the Game, and/or any component or feature of it which changes and/or facilitates the way the game is played and/or imitates or copies data or functionality in the Game;
2.1.9 not to make improper use of our support services;
2.1.10 not to disrupt, or overload whether directly or indirectly server used to support the Game or launch or participate in any type of attack, or other attempt to disrupt the use and operation of the Game including but not exclusively by denial of service attacks;
2.1.11 not to access, intercept, or otherwise collect information without or consent by any means:
(a) from or through support services we may provide for the Game,
(b) that is in transit from or to the Game, or
(c) that is contained in network traffic used by the Game to store information about content related to the Game.
3 INTELLECTUAL PROPERTY RIGHTS
3.1 You acknowledge that all intellectual property rights and all similar or equivalent rights or forms of protection, which subsist or will subsist now or in the future, in any part of the world (IPR) in the Game belong to us, that rights in the Game are licensed (not sold) to you, and that you have no IPR in, or to, the Game other than the right to use the Game in accordance with the terms of this EULA.
3.2 You acknowledge that you have no right to have access to the Game in source code form other than as expressly provided in this EULA.
4 UPDATES TO THE EULA AND OUR PRIVACY POLICY
4.1 We reserve the right, at our discretion, to change, modify, add or remove portions of this EULA and/or our privacy policy at any time by providing you with digital access to the amended EULA and/or our privacy policy through the Game or other means.
4.2 If you do not agree to any term of this EULA (or any updated version of such as adopted), you may terminate the EULA immediately without notice, and you must stop using the Game immediately.
4.3 The terms of any updated EULA shall automatically become effective after 30 days by using the Game after the updated EULA becomes effective, or otherwise indicating your acceptance of the updated EULA, you agree to be bound by the terms of the updated EULA.
5 GAME UPDATES
5.1 From time to time we may provide updates and other modifications to the Game that must be installed for you to be able to continue to play the Game properly or at all. We may update or modify the Game for such purpose. You hereby grant us the right to deploy and apply such updates and modifications.
6 USER ACCOUNTS
6.1 In order to use the Game and for us to provide software features relating to the Game so that it operates correctly, you may be required to have and maintain a valid and active user account with an online service, such as a third-party gaming platform (Third-Party Account). If you do not maintain such an account, then certain features of the Game may not operate or may cease to function properly, either in whole or in part. You are responsible for all use and the security of your Third-Party Account that you use to access and use the Game.
6.2 This EULA is subject to the additional terms and conditions of or required by any applicable Third-Party Account and you shall comply with any applicable Third-Party Account terms and conditions. We are not responsible or liable to you for any credit card or other charges or fees related to your purchase transactions in respect of the Game made via a Third-Party Account. All such transactions are administered by the Third-Party Account.
7 LIMITATION ON DAMAGES
7.1 IN NO EVENT WE WILL BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, USE OR MALFUNCTION OF THE GAME, INCLUDING DAMAGES TO PROPERTY, LOSS OF GOODWILL, LOSS OF PROFITS, LOST OR CORRUPTED DATA OR FILES, CONSOLE, COMPUTER OR HANDHELD DEVICE FAILURE, ERRORS AND LOST BUSINESS OR OTHER INFORMATION AS A RESULT OF POSSESSION, COMPUTER FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR LIABILITY SHALL NOT EXCEED THE ACTUAL PRICE PAID FOR THE LICENSE TO USE THIS GAME.
7.2 SOME STATES/COUNTRIES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS AND/OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND/OR EXCLUSION OR LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.
8 TERMINATION AND RESTRICTIONS ON USE
8.1 We may terminate this EULA immediately by written notice to you if you commit a material or persistent breach of this EULA which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so.
8.2 Upon termination for any reason:
8.2.1 all rights granted to you under this EULA shall cease;
8.2.2 you must cease all activities authorised by this EULA; and
8.2.3 you must immediately delete or remove the Game from all computer equipment in your possession and immediately destroy or return to us (at our option) all copies of the Game then in your possession, custody or control and, in the case of destruction, certify to us that you have done so.
8.3 We reserve the right to stop offering and/or supporting the Game or stop any service that supports or maintains the Game at any time, either permanently or temporarily. In such event, we shall not be required to provide any refund, benefit, compensation or alternative service to you in connection with the affected or discontinued elements of the Game and/or any supporting service.
8.4 We may immediately suspend or otherwise restrict your use of certain features and functionalities of the Game, including but not restricted to multiplayer and online play functionalities, if you use the Game or any part of it in Breach of the law or any of the terms of this EULA.
8.5 When you are using the Game, the Game may monitor your hardware for unauthorised third party programs prohibited by clause 2 that interact with the Game. In the event that the Game detects such an unauthorised third party program, information may be communicated back to us, including the name of your User Account, your internet protocol (IP) address, details about the unauthorised third party program detected, and the time and date that the unauthorised third party program was detected, along with the hardware specifications and performance characteristics of your hardware, with or without additional notice to you. If the Game detects the use of an unauthorised third party program, this EULA and your access to the Game may be terminated with or without additional notice to you.
9 INTERNATIONAL USE
9.1 Although the Game may be accessible worldwide, we do not warrant that the Game may be lawfully used in your location, or that the content is not prohibited by applicable local laws. Users who choose to access the Game do so at their own risk and are responsible for compliance with any applicable local laws.
10 COMMUNICATIONS BETWEEN US
10.1 If you wish to contact us in writing, or if any condition in this EULA requires you to give us
notice in writing, you can send this to us by email at turbothemoon.dev@gmail.com.
10.2 If we have to contact you or give you notice in writing, we will do so by email.
11 FEEDBACK
11.1 If you provide us with any feedback, suggestions or comments regarding the Game (Feedback), you hereby grant us a non-exclusive, royalty-free, irrevocable, perpetual licence to use such Feedback for any purpose in our discretion as we see fit and without any obligation to you. If any such rights may not be licensed under applicable law (such as moral and other personal rights), you hereby waive and agree not to assert all such rights.
12 DATA PROTECTION
12.1 The Game uses software from Unity Technologies in order to work. By accessing or using the Game you accept and agree to the collection and use of your information by Unity Technologies. Unity Technologies’ privacy policy is available on Unity Technologies’ website located at https://unity.com/.
13 OTHER IMPORTANT TERMS
13.1 Some features of the Game may require an internet connection, which you are responsible for providing at your expense. You are responsible for all costs and fees charged by your internet service provider related to the use of the Game.
13.2 We may at any time assign, transfer, subcontract or delegate any of our rights or obligations under this EULA. You may not assign, transfer, subcontract or delegate any of your rights and obligations under this EULA.
13.3 This EULA does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this EULA.
13.4 Each of the clauses of this EULA operates separately. If any court of competent jurisdiction or competent authority decides that any provision of this EULA is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the remaining provisions of this EULA will remain in full force and effect. If any invalid, unenforceable or illegal provision of this EULA would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable to reflect our initial intentions.
13.5 If we do not insist immediately that you do anything you are required to do under the terms of this EULA, or if we delay in taking steps against you in respect of your breaking this EULA, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.