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END-USER LICENSE AGREEMENT FOR DUNGEON SETTLERS
[Last updated: January 23, 2024]This End-User License Agreement ("EULA") is a legal document between you and CanOpener ("us", "we", or "our"). It sets out the rules for downloading, using, and engaging with Dungeon Settlers("the Software"), including using our website, forums, and other services ("the Service", "services").
We know legal stuff can be dull, but it's important. This EULA applies to you if you purchase, download, use, or play Dungeon Settlers, or if you're part of our community. Especially if you're into modding Dungeon Settlers or making content related to it, please read the relevant parts carefully.
When you purchase, download, use, or play Dungeon Settlers, you're saying you've read this EULA, you get it, and you agree to stick to its rules. If you don't agree with this EULA, then you must not purchase, download, use, or play Dungeon Settlers.
If you get Dungeon Settlers through a Third Party Platform (like Steam, for example), there might be extra rules ("Third Party Terms"). We don't control these platforms and we are not resonsible for these platform, so it's a good idea to check out their Third Party Terms before purchasing as well.
GOLDEN RULE
The most important rule of this License is that you can't sell, share, or modify any part of Dungeon Settlers or its associated content without our prior agreement. Specifically, you must not:
- Make or give away copies of the Software or any of its parts to anyone else
- Try to earn money from the Software in any way not allowed by these terms
- Allow others to access the Software in an unfair or unreasonable manner
- Give away or sell license keys for the Software (though you can give away gift codes purchased through our Website or an official Third Party Platform like Steam)
- Extract and distribute any parts of our game, such as music or artwork, separately.
CREATING WITH OUR SOFTWARE
We're excited if you want to make mods, tools, or other creations (“Mods”) using the Software or create content related to it (“User Content”). Together, these are known as “Derivative Works.” Please read and follow these terms carefully, as using Dungeon Settlers without our permission is both a violation of our rights and illegal.
You can create Derivative Works as long as you comply with this EULA. If your Derivative Work breaks these rules, it's not allowed.
Every Derivative Work you create must include this disclaimer:
"Parts of the materials used to create this content/mod are trademarks and/or copyrighted works of CanOpener. All rights reserved by CanOpener. This content/mod is not official and is not endorsed by CanOpener."
If you use our logos, game titles, or other trademarks in your Derivative Works (“CanOpener Marks”), you must:
- Use the CanOpener Marks without harming our reputation or goodwill;
- Use the CanOpener Marks only for your Derivative Works, not for any other products, services, or businesses;
- Not change or alter any of the CanOpener Marks
- Avoid using the CanOpener Marks or similar names in any domain name, website name, or other title.
You own your Derivative Works. But by making any Derivative Work, you give CanOpener a license to use, copy, modify, adapt, distribute, and show these Derivative Works anywhere, for any purpose, without having to pay or notify you. This “Derivative License” is permanent and can't be taken back. You also let CanOpener give or sell this Derivative License to others. We might not always credit you if we or others use your Derivative Works.
You can use our content as allowed by law, like under "fair use" or "fair dealing" rules. For example, you could use game screenshots in a review but not make merchandise with our artwork.
Creating Derivative Works as allowed by this EULA means you have our permission. But we can take back this permission for any reason, especially if you break this EULA.
REVIEWERS, STREAMERS, AND CONTENT CREATORS
You are encouraged to create User Content such as gameplay videos of the Software and share them online. While you can't sell this User Content directly, you're free to monetize it through ads. So, feel free to create Let's Play videos on YouTube or stream on Twitch, but remember, selling individual pieces of User Content is not allowed.
We know many content creators use platforms like Patreon for donations. You can accept donations related to your User Content overall, but they shouldn't be linked to delivering specific pieces of content. Please don't aggressively encourage your viewers to donate. Any requests for donations should be subtle and not pushy.
Your User Content must not:
- Claim or imply that it's officially endorsed or created by CanOpener;
- Include links to sites or services that promote piracy or hacks of our games, or any
- other software;
- Be involved in harassing, abusing, defaming, attacking, or bullying anyone;
- Harm the reputation and goodwill of CanOpener or our games(EX : Dungeon Settlers)
- Violate any intellectual property rights, personality rights, or other rights of third parties or
Break any applicable laws.
ABOUT MODS
You are welcome to create and share Mods for the Software. Here, "Mods" mean original creations that don't include substantial parts of our Software like code, artwork, lore, or other content. CanOpener decides what qualifies as a Mod.
When making Mods for the Software, please follow these rules:- Mods must be free. You or anyone else cannot sell them, use them for commercial gain, or charge others for using them without our written permission. Commercial exploitation includes, but is not limited to, in-game advertising or using Mods for any form of marketing.
- You can accept general donations for your modding, but these shouldn't be linked to specific Mods or services. Don't aggressively push for donations; keep such requests subtle.
Don't include requests for donations directly in your Mods. - Your Mods should not contain advertisements or calls to action of any kind. This includes promotions for charities, political causes, non-profits, or other non-commercial entities.
- Mods should only function with a full, registered copy of the Software, not standalone or with other software. They must not be distributed with the base game or any official expansions in a way so called 'moded version' of the Software.
- Avoid including illegal material in your Mods.
- Your Mods must not infringe on any copyrights, trademarks, or intellectual property rights of CanOpener or any third party.
- Don't include obscene, offensive, harmful, or objectionable content in your Mods.
- Clearly present your Mods as community-created, not official or made by CanOpener.
- Ensure your Mods are honest about their purpose and don't mislead players.
- Don't use Mods as a means to spread malware.
- Your Mods should never harass, abuse, defame, attack, or bully anyone.
- Ensure your Mods comply with all applicable laws.
We reserve the right to revoke your license to create and distribute Mods if they violate any terms of this EULA.
You can decompile our game assets for learning, or use them as a basis for a Mod, but don't distribute these assets separately. Any such use must comply with applicable copyright principles, like "fair use" or "fair dealing."WE HAVE OWNERSHIP RIGHTS TO THE SOFTWARE
CanOpener owns the Software and retains all ownership rights. The permissions you have regarding the Software are only those specified in this EULA. Any use of our Software not directly allowed by this EULA is strongly prohibited.
If you offer us ideas or suggestions for our websites, games, or other products, know that you're doing it for free. We're not obliged to accept or consider your ideas. When you send us an idea, you're agreeing to do so without expecting confidentiality or claiming ownership; you're giving us an irrevocable, worldwide, free license to use your idea in any way we choose. This also means you're giving up any moral rights or rights of authorship you might have in that suggestion. We can use or not use your idea as we see fit, and we're not required to pay you or acknowledge your contribution. If you believe your suggestion is something we'd pay for, please discuss this with us before sharing it, and wait for our written response requesting your idea.ABOUT BEHAVIOUR
While using the Software or engaging on related forums, the following behaviors are strictly prohibited:- Harassing, stalking, harming, intimidating, hurting, abusing, threatening, or deceiving other users.
- Using or attempting to use another user's account without permission.
- Encouraging behavior that limits or prevents others from using or enjoying the Software, or that could harm us, our users, or expose any of us to legal liability.
- Impersonating any person or entity, misrepresenting your identity or affiliation with any person or entity, or giving the impression that your content comes from us.
- Interfering or attempting to interfere with the proper functioning of the Software or our websites.
- Violating the terms of any third-party website or service linked to the Software, including Third Party Platforms or payment processors.
- Uploading, transmitting, distributing, storing, or making available any viruses or harmful materials, any unsolicited or unauthorized advertising, solicitations, promotional materials, or any private information of third parties.
- Violating, or promoting the violation of, any applicable laws or regulations, including those related to data export, patents, trademarks, trade secrets, copyright, or other intellectual property or legal rights, including the rights of publicity and privacy.
- Additionally, if you participate in any official CanOpener discussion forum or a forum controlled by our staff, you must follow the specific rules of that forum as they are written at the time of your participation.
If you fail to adhere to this EULA or any applicable forum rules, we reserve the right, at our sole discretion, to suspend, block, or delete your account as necessary.IF YOU BUY A LICENSE TO THE SOFTWARE DIRECTLY FROM US
If you purchase a license for the Software directly from our website, the following additional terms apply:
When providing payment information, you must ensure it is accurate, true, and up-to-date. By giving us your payment details, you authorize our third-party payment processor to charge the purchase price, along with any applicable taxes and charges, to your provided payment method.
Prices listed on our website are subject to change and we reserve the right to discontinue any product or service at any time.
Unless required otherwise by law, all purchases made through our website are final and non-refundable.IF YOU BUY A LICENSE TO THE SOFTWARE FROM A THIRD PARTY PLATFORM
As stated earlier, if you purchase the Software license through a Third Party Platform, the terms of that platform apply. We are not responsible for transactions made through these platforms. For issues with purchases made on Third Party Platforms, please contact them directly.TERMINATION
We may terminate this EULA if you violate any of its terms. This means your license and permission to use the Software and create Derivative Works can be revoked. Such violations include, but are not limited to, distributing the Software illegally, breaking forum rules, or any other breach of this EULA. In such cases, we may revoke your access to the Software without a refund and require you to remove any User Content or Mods you've created.
You can terminate this EULA anytime by uninstalling the Software from all your devices.
Upon EULA termination, you lose any rights to the Software granted in the License. However, the Derivative License granted to us, along with the EULA's provisions regarding our software ownership, disclaimers, liability limits, indemnities, applicable laws, dispute resolution, and General Terms, remain effective even after EULA termination.UPDATES
CanOpener may occasionally provide updates for the Software, but we are not obliged to continuously release updates or maintain the Software. When you purchase a license for the Software, you are accepting the Software as it is at that time.
the Software might be available during, 'alpha', 'beta' or 'early access' stages, or similar phases. However, this does not imply an obligation on our part to add specific contents or fix specific bugs before we release the final version of the game. We reserve the right to decide whether the Software is complete and cease updates at any point. Our goal is to fulfill our vision for the game and make it without bugs as possible, but we are not committed to any specific amount of additional development.
We also reserve the right to modify the terms of this EULA as needed and will announce significant changes on our website. Each time you download the Software, including updates, or use any of our online services, you agree to the most recent version of the EULA posted on our website. This means if you use the Software solely in offline mode without downloading updates, the last version of the EULA you agreed to is applicable. If you download updates or use parts of the Software that depend on our ongoing online services, the current EULA is applicable.DISCLAIMERS
You acknowledge and agree that your use of the Software and any associated media is entirely at your own risk. the Software is provided "as is" and available. CanOpener explicitly disclaims all warranties, whether express, implied, or statutory, including but not limited to implied warranties of merchantability and fitness for a particular purpose. We do not guarantee that the Software will meet all your requirements or expectations. The entire risk as to the quality and performance of the Software is with you.
You understand that the Software or parts of it may be temporarily unavailable due to maintenance or factors beyond our control. We cannot assure continuous availability or that any defects in functionality will be corrected. CanOpener may release updates at our discretion, which might affect the compatibility of Mods with the Software. We are not obligated to maintain compatibility between our software and any Mods or third-party software. Additionally, data, messages, and materials transmitted over the internet may not be completely private, and anonymity is not guaranteed.
the Software is administered and operated by CanOpener which is located in South Korea, and while it is accessible globally, not all features or products mentioned on our website are available or suitable for use in all locations. We reserve the right to limit the availability of any feature, product, or software to any person or geographic area, at our sole discretion. If you access and use the Software from outside the jurisdiction where CanOpener operates, you do so on your own initiative and are responsible for compliance with local laws.
Please note that some jurisdictions do not allow disclaimers of certain warranties, so these disclaimers may not apply to you if you reside in such jurisdictions.INDEMNITIES
To the fullest extent permitted by law, you agree to defend, indemnify, and hold CanOpener and our directors, employees, and contractors harmless from any and all claims, liabilities, costs, fines, penalties, and expenses, including legal fees, arising from or related to: (1) any breach of this EULA by you, including any breach of your obligations, representations, or warranties; or (2) your violation of any applicable laws, rules, regulations, or contracts. This includes, but is not limited to, any "Claims and Losses" related to the use of the Software.
You are expected to cooperate fully in the defense of any such Claims and Losses. We reserve the right, at our discretion, to take over the exclusive defense and control of any matter otherwise subject to indemnification by you, at your expense. In such cases, you agree not to settle any such claim without CanOpener's express written consent. We may, at any time, settle, compromise, or pay any Claims and Losses without your consent or acknowledgment.LIMIT OF LIABILITY
You agree not to hold CanOpener or any of our directors, employees, or contractors responsible for any harm or damage arising from your use of the Software, our website, or any actions or inactions related to them. This means CanOpener will not be liable for any indirect, consequential, special, incidental, punitive, or exemplary damages under any liability theory. This includes, but is not limited to, damages for lost profits, revenue, goodwill, or opportunity, even if we could have predicted or were made aware of such damages. By agreeing to this EULA, you waive, release, and discharge CanOpener from all such claims.
CanOpener's total liability to you for any claims related to the Software, our website, or any related products and services will not exceed the total amount you have paid us for the Software.
This EULA does not limit our liability for death or bodily injury resulting from our negligence or fraudulent misrepresentations.
Please note that some jurisdictions do not allow limitations or exclusions of liability like those in this EULA. If you reside in such jurisdictions, some or all of these limitations or exclusions may not apply to you. To the extent any part of this limitation and exclusion of liability is not enforceable under applicable law, it will be limited to the maximum extent permitted by that law.DISPUTES BETWEEN US
This EULA is governed by the laws of South Korea. Any disputes arising from or related to this EULA shall be resolved in the courts located in the city of Seoul, which have jurisdiction to hear such disputes.GENERAL TERMS
This EULA represents the entire legal agreement between you and CanOpener regarding your use of the Software and our website, superseding any prior agreements between you and CanOpener concerning the Software or our website.
CanOpener reserves the right to transfer or assign its rights and obligations under this End-User License Agreement (EULA) at any time, in whole or in part, without prior notification to you. However, you are not permitted to transfer or assign this EULA or any of your rights and obligations under it to anyone else without the explicit written consent of CanOpener.
In case our failure to enforce or assert any part of this EULA, it should not be seen as a waiver of any clause or right we may hold.
If any court of law, having jurisdiction to decide on this matter, rules that any provision of this EULA is invalid, that specific section will be omitted from the EULA without impacting the validity and enforceability of the remaining sections.
END OF EULA - other software;