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1. ACCEPTANCE OF THIS EULA
This End User License Agreement (“EULA”) sets forth the terms and conditions under which Frogwares Ireland Ltd. (“Company”, “we”, “us”, or “our”) grants you a personal, limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to download, install, access, and use videogames released under The Sinking City™ series, including, without limitation, “The Sinking City 2”, “The Sinking City”, “The Sinking City Remastered”, including current and future titles, and any related demo, beta, alpha, playtest, preview, pre-release, trial, downloadable content, expansion, update, patch, remaster, or related version thereof, together with all related software, content, features, audiovisual materials, documentation, and related services (collectively or separately the “Product”).
Please read this EULA carefully before downloading, installing, accessing, or using the Product.
BY DOWNLOADING, INSTALLING, ACCESSING, OR USING THE PRODUCT, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, YOU MUST NOT DOWNLOAD, INSTALL, ACCESS, OR USE THE PRODUCT.
YOUR USE OF THE PRODUCT IS LICENSED, NOT SOLD. THE COMPANY RETAINS ALL RIGHTS, TITLE, AND INTEREST IN AND TO THE PRODUCT AND ALL RELATED INTELLECTUAL PROPERTY RIGHTS, EXCEPT FOR THE LIMITED LICENSE EXPRESSLY GRANTED UNDER THIS EULA.
2. ELIGIBILITY
To download, install, access, or use the Product, you must be of the legal age of majority in your country of residence or at least 18 years of age, whichever is older. If you are under the applicable age threshold in your jurisdiction, your parent or legal guardian must review and accept this EULA on your behalf and supervise your use of the Product. If you are a parent or legal guardian permitting a minor to use the Product, you acknowledge and agree that you are responsible for the minor’s use of the Product and for compliance with this EULA, including any purchases, actions, or activities undertaken through the Product.
BY DOWNLOADING, INSTALLING, ACCESSING, OR USING THE PRODUCT, YOU REPRESENT AND WARRANT THAT YOU SATISFY THE ELIGIBILITY REQUIREMENTS SET FORTH IN THIS EULA; AND YOUR USE OF THE PRODUCT DOES NOT VIOLATE ANY APPLICABLE LAWS OR REGULATIONS.
3. LICENSE GRANT
Subject to the terms of this EULA, the Company grants you a limited, personal, non-commercial, non-sublicensable, non-transferable, non-exclusive, and revocable license to use the Product solely for your personal (private) use and only in accordance with this EULA and any accompanying documentation. This license does not grant you any ownership rights in the Product or any part thereof. All rights not expressly granted to you under this EULA are reserved by the Company.
4. USE OF PRE-RELEASE VERSIONS
Demo, beta, alpha, preview, playtest, or other pre-release versions of the Product may contain errors, bugs, incomplete features, and other issues. The Company makes no guarantees regarding the continued availability, functionality, content, compatibility, or performance of any pre-release version of the Product.
Progress, achievements, save data, virtual items, or other gameplay-related data from pre-release versions may be reset, modified, or deleted at any time without notice.
5. RESTRICTIONS AND PROHIBITED CONDUCT
Except as expressly permitted by applicable law or this EULA, you may not copy, reproduce, distribute, publicly display, publish, commercially exploit, modify, adapt, translate, reverse engineer, decompile, disassemble, or otherwise attempt to derive source code from the Product, create derivative works based on the Product, remove, alter, or obscure any copyright, trademark, or proprietary notices, use cheats, bots, automation software, exploits, hacks, unauthorized mods, trainers, scripts, or unauthorized third-party software, interfere with or disrupt the integrity, security, or operation of the Product or related services, use the Product for commercial purposes, or otherwise use the Product in violation of applicable laws or regulations.
The Product may not be used for unlawful, fraudulent, or unauthorized purposes, in any manner that infringes intellectual property rights or other rights of third parties, to transmit, upload, distribute, or otherwise make available unlawful, defamatory, obscene, offensive, abusive, hateful, discriminatory, or otherwise objectionable content, to harass, threaten, abuse, or harm other users or third parties, to exploit bugs, vulnerabilities, or unintended gameplay mechanics, in connection with cheats, hacks, bots, automation software, unauthorized modifications, or other unauthorized third-party software, to interfere with, disrupt, damage, or gain unauthorized access to the Product, related services, servers, or networks, to impersonate any person or entity or falsely imply affiliation with another person or entity, or in any manner that negatively affects the availability, integrity, operation, or enjoyment of the Product by other users.
The Company reserves the right to investigate suspected violations of this EULA and to take any enforcement measures it deems appropriate, including suspension or termination of access to the Product, removal of content, restriction of functionality, or any other lawful actions.
6. INTELLECTUAL PROPERTY AND OWNERSHIP
The Company and its licensors retain all rights, title, and interest in and to the Product, including all software, source code, object code, gameplay mechanics, audiovisual works, characters, stories, dialogue, music, sound effects, artwork, animations, designs, text, interfaces, trademarks, logos, downloadable content, updates, modifications, and all other elements of the Product, together with all intellectual property rights therein, whether registered or unregistered and wherever existing under applicable law.
The Product is protected by copyright laws, trademark laws, international treaties, and other intellectual property and proprietary rights laws. Except for the limited license expressly granted under this EULA, no rights or interests in the Product are transferred or assigned to you. You acknowledge and agree that you shall not acquire any ownership or proprietary rights in or to the Product by virtue of downloading, installing, accessing, purchasing, or using the Product.
“The Sinking City™”, “Frogwares™”, and all related names, logos, slogans, designs, and other associated marks are trademarks or registered trademarks of Frogwares Ireland Ltd. in certain jurisdictions. All other trademarks, logos, and trade names are the property of their respective owners.
You are not entitled to use the Product in a way that infringes the Company’s intellectual property and ownership rights, including the use of any trademarks, brand names, service marks, logos, and other means of individualization that belong to the Company.
7. PRODUCT UPDATES AND CHANGES
The Company may, from time to time, provide patches, updates, upgrades, fixes, technical modifications, compatibility updates, or other changes to the Product (“Updates”), including for purposes of improving gameplay, stability, security, performance, compatibility, or functionality.
Such Updates may be installed automatically, where supported by the relevant platform, or may require manual download and installation by you. Certain features or functionality of the Product may require the latest version of the Product or specific Updates to operate properly.
The Company may also make available additional downloadable content, expansions, cosmetic items, digital features, bonus materials, or other supplementary content, whether free or paid. Access to certain content or features may require a separate purchase, platform authorization, account registration, internet access for download or activation purposes, or acceptance of additional terms. The Company may determine whether any Updates or additional content are provided free of charge or for a fee.
Unless expressly stated otherwise, all Updates and additional content provided for the Product shall be deemed part of the Product and subject to this EULA.
Certain functionalities, including downloading, activation, updating, accessing additional content, cloud storage features, crash reporting, telemetry, or platform-related services, may require internet access or the use of Third-Party Services.
8. FEEDBACK
If you provide the Company with suggestions, feedback, ideas, or recommendations regarding the Product (“Feedback”), you grant the Company a perpetual, irrevocable, worldwide, royalty-free right to use such Feedback for any purpose without compensation or attribution.
9. PRIVACY
Your use of the Product may involve the collection and processing of certain information or data related to your use of the Product by the Company.
For information regarding how the Company collects, uses, stores, processes, and protects information or data related to your use of the Product, please review our Privacy Notice - https://frogwares.com/privacy-policy/.
By downloading, installing, accessing, or using the Product, you acknowledge that information or data related to your use of the Product may be processed in accordance with the Privacy Notice and applicable data protection laws.
10. DISTRIBUTION PLATFORMS, RETAIL OUTLETS, AND THIRD-PARTY SERVICES
The Product may be distributed, sold, licensed, downloaded, purchased, activated, or otherwise made available through third-party gaming platforms, digital storefronts, retail outlets, console ecosystems, online marketplaces, cloud distribution services, or other third-party services operated by entities other than the Company (“Third-Party Services”), whether paid or unpaid.
Your use of such Third-Party Services, including the purchase, download, installation, activation, payment processing, account management, delivery, updating, or support of the Product, may be subject to separate terms, conditions, licenses, and privacy policies established by the relevant third parties. By accessing or using the Product through any Third-Party Services, you acknowledge and agree that the applicable third-party terms govern your use of those Third-Party Services.
The Company does not own or control Third-Party Services and does not license any intellectual property rights related to Third-Party Services to you except as expressly permitted by the relevant third party.
The Company does not guarantee the availability, functionality, compatibility, security, continued operation, or uninterrupted access to any Third-Party Services and shall not be responsible or liable for the acts or omissions of third parties, third-party platform or retail policies, account restrictions, payment processing, delivery issues, platform outages, content availability, or any loss, damage, or liability arising from your use of Third-Party Services. Your use of Third-Party Services is at your own risk.
11. TERMINATION
This EULA becomes effective when you purchase, download, install, access, or use the Product and remains effective until terminated in accordance with its terms.
This EULA will terminate automatically: (i) if you fail to comply with any of the terms and conditions of this EULA; (ii) if you destroy and/or uninstall the Product.
Upon termination for any reason, all rights granted to you under this EULA shall cease, and you must immediately uninstall the Product and destroy all copies of the Product in your possession. The provisions of this EULA relating to disclaimers or warranties, limitations of liability, remedies, damages, Company’s proprietary rights, and/or any terms intended expressly or by implication to survive termination or expiry shall survive termination.
12. WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY
YOU EXPLICITLY ACKNOWLEDGE THAT WHEN YOU DOWNLOAD, INSTALL, OR USE THE PRODUCT, YOU ARE ACTING AT YOUR DISCRETION AND YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, THE PRODUCT IS SUPPLIED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DO NOT MAKE AND HEREBY DISCLAIM ANY GUARANTEES, CONDITIONS, OR WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR OTHER TERMS, INCLUDING AS TO THE PRODUCT CONFORMITY, ACCURACY, CORRECTNESS, COMPLETENESS, RELIABILITY, SECURITY, AND SUITABILITY FOR A PARTICULAR USE, OR YOUR SATISFACTION. YOU ASSUME ALL RESPONSIBILITY FOR SELECTING THE PRODUCT TO ACHIEVE YOUR INTENDED RESULTS AND EXPECTATIONS. YOU ALSO ASSUME ALL RESPONSIBILITY FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE PRODUCT. TO THE FULLEST EXTENT OF THE NORMS PROVIDED BY APPLICABLE LAWS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY SHALL NOT BE LIABLE FOR LOSSES OR DAMAGES SUFFERED IN CONNECTION WITH THE USE OF THE PRODUCT IN PARTICULAR FOR (I) ALL AND ANY LOSSES OF ANY KIND, WHETHER IN TORT (INCLUDING FOR NEGLIGENCE OR BREACH OF STATUTORY DUTY), CONTRACT, MISREPRESENTATION (WHETHER INNOCENT OR NEGLIGENT) OR OTHERWISE, (II) DIRECT AND INDIRECT LOSSES, (III) ACCIDENTAL AND CONSEQUENTIAL LOSSES. IN ANY CASE, THE COMPANY’S LIABILITY SHALL ALWAYS BE LIMITED TO THE AMOUNT OF THE PURCHASE PRICE OF THE PRODUCT IN A PARTICULAR SEPARATE CASE. NOTWITHSTANDING THE AFOREMENTIONED LIMITATIONS OF LIABILITY, YOU MAY ALWAYS CEASE TO USE THE PRODUCT, AS WELL AS TRY TO USE ANY REMEDIES STIPULATED BY THE APPLICABLE LAWS. IF THERE ARE SOME PROVISIONS OF THE APPLICABLE LAWS THAT PROHIBIT THE LIMITATION OF LIABILITY, THEY WILL PREVAIL OVER THE LIMITATION OF LIABILITY CONDITIONS DEFINED HEREIN.
13. INDEMNIFICATION
YOU EXPLICITLY ACKNOWLEDGE THAT WHEN YOU DOWNLOAD, INSTALL, OR USE THE PRODUCT, YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE CAUSED TO THE COMPANY OR LEGAL ENTITY AS A RESULT OF YOUR VIOLATION OF THIS EULA. YOU HEREBY AGREE TO DEFEND, INDEMNIFY, AND KEEP INDEMNIFIED THE COMPANY AGAINST ANY CLAIM OR ALLEGED CLAIMS, LIABILITIES, LOSSES, DAMAGES, AND ALL COSTS (INCLUDING LAWYERS’ FEES), DIRECTLY OR INDIRECTLY ATTRIBUTABLE TO YOUR FAULT AND/OR RESULTING FROM A VIOLATION OF THIS EULA.
14. GOVERNING LAW
The development of this End User License Agreement and the use of the Product are governed by the law of Ireland (applicable laws). To the extent permitted by applicable laws, this EULA and any disputes or claims arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with the laws of Ireland.
You irrevocably agree that the courts of the Republic of Ireland have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the EULA or its subject matter or formation (including non-contractual disputes or claims).
15. MISCELLANEOUS
If any provision of this EULA is found to be unlawful, invalid, or unenforceable, the remaining provisions shall remain in full force and effect.
The Company shall not be liable for any delay or failure to perform resulting from causes beyond its reasonable control, including internet outages, force majeure events, governmental actions, labor disputes, cyberattacks, or failures of third-party services.
This EULA constitutes the entire agreement between you and the Company regarding the Product and supersedes prior understandings relating to its subject matter.
The Company may assign or transfer this EULA without restriction. You may not assign this EULA without the prior written consent of the Company.
16. CHANGES TO THIS EULA
The Company reserves the right, subject to applicable law, to revise, change, modify, add, or delete this EULA for security, legal, best practice, or regulatory purposes at any time. Updated versions may be made available through the Product's or the Company’s official website, distribution platforms, or other appropriate means.
The Company may update, rename, expand, or modify the list of covered titles within the Product from time to time without requiring amendment of this EULA.
Your continued use of the Product after the updated EULA becomes effective constitutes your acceptance of the revised terms.
17. CONTACT INFORMATION
If you have questions regarding downloading, installing, or using the Product or any other questions concerning this EULA, you may contact the Company at the following address: info@frogwares.com, and we will try to respond to you as soon as reasonably possible.
This End User License Agreement (“EULA”) sets forth the terms and conditions under which Frogwares Ireland Ltd. (“Company”, “we”, “us”, or “our”) grants you a personal, limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to download, install, access, and use videogames released under The Sinking City™ series, including, without limitation, “The Sinking City 2”, “The Sinking City”, “The Sinking City Remastered”, including current and future titles, and any related demo, beta, alpha, playtest, preview, pre-release, trial, downloadable content, expansion, update, patch, remaster, or related version thereof, together with all related software, content, features, audiovisual materials, documentation, and related services (collectively or separately the “Product”).
Please read this EULA carefully before downloading, installing, accessing, or using the Product.
BY DOWNLOADING, INSTALLING, ACCESSING, OR USING THE PRODUCT, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, YOU MUST NOT DOWNLOAD, INSTALL, ACCESS, OR USE THE PRODUCT.
YOUR USE OF THE PRODUCT IS LICENSED, NOT SOLD. THE COMPANY RETAINS ALL RIGHTS, TITLE, AND INTEREST IN AND TO THE PRODUCT AND ALL RELATED INTELLECTUAL PROPERTY RIGHTS, EXCEPT FOR THE LIMITED LICENSE EXPRESSLY GRANTED UNDER THIS EULA.
2. ELIGIBILITY
To download, install, access, or use the Product, you must be of the legal age of majority in your country of residence or at least 18 years of age, whichever is older. If you are under the applicable age threshold in your jurisdiction, your parent or legal guardian must review and accept this EULA on your behalf and supervise your use of the Product. If you are a parent or legal guardian permitting a minor to use the Product, you acknowledge and agree that you are responsible for the minor’s use of the Product and for compliance with this EULA, including any purchases, actions, or activities undertaken through the Product.
BY DOWNLOADING, INSTALLING, ACCESSING, OR USING THE PRODUCT, YOU REPRESENT AND WARRANT THAT YOU SATISFY THE ELIGIBILITY REQUIREMENTS SET FORTH IN THIS EULA; AND YOUR USE OF THE PRODUCT DOES NOT VIOLATE ANY APPLICABLE LAWS OR REGULATIONS.
3. LICENSE GRANT
Subject to the terms of this EULA, the Company grants you a limited, personal, non-commercial, non-sublicensable, non-transferable, non-exclusive, and revocable license to use the Product solely for your personal (private) use and only in accordance with this EULA and any accompanying documentation. This license does not grant you any ownership rights in the Product or any part thereof. All rights not expressly granted to you under this EULA are reserved by the Company.
4. USE OF PRE-RELEASE VERSIONS
Demo, beta, alpha, preview, playtest, or other pre-release versions of the Product may contain errors, bugs, incomplete features, and other issues. The Company makes no guarantees regarding the continued availability, functionality, content, compatibility, or performance of any pre-release version of the Product.
Progress, achievements, save data, virtual items, or other gameplay-related data from pre-release versions may be reset, modified, or deleted at any time without notice.
5. RESTRICTIONS AND PROHIBITED CONDUCT
Except as expressly permitted by applicable law or this EULA, you may not copy, reproduce, distribute, publicly display, publish, commercially exploit, modify, adapt, translate, reverse engineer, decompile, disassemble, or otherwise attempt to derive source code from the Product, create derivative works based on the Product, remove, alter, or obscure any copyright, trademark, or proprietary notices, use cheats, bots, automation software, exploits, hacks, unauthorized mods, trainers, scripts, or unauthorized third-party software, interfere with or disrupt the integrity, security, or operation of the Product or related services, use the Product for commercial purposes, or otherwise use the Product in violation of applicable laws or regulations.
The Product may not be used for unlawful, fraudulent, or unauthorized purposes, in any manner that infringes intellectual property rights or other rights of third parties, to transmit, upload, distribute, or otherwise make available unlawful, defamatory, obscene, offensive, abusive, hateful, discriminatory, or otherwise objectionable content, to harass, threaten, abuse, or harm other users or third parties, to exploit bugs, vulnerabilities, or unintended gameplay mechanics, in connection with cheats, hacks, bots, automation software, unauthorized modifications, or other unauthorized third-party software, to interfere with, disrupt, damage, or gain unauthorized access to the Product, related services, servers, or networks, to impersonate any person or entity or falsely imply affiliation with another person or entity, or in any manner that negatively affects the availability, integrity, operation, or enjoyment of the Product by other users.
The Company reserves the right to investigate suspected violations of this EULA and to take any enforcement measures it deems appropriate, including suspension or termination of access to the Product, removal of content, restriction of functionality, or any other lawful actions.
6. INTELLECTUAL PROPERTY AND OWNERSHIP
The Company and its licensors retain all rights, title, and interest in and to the Product, including all software, source code, object code, gameplay mechanics, audiovisual works, characters, stories, dialogue, music, sound effects, artwork, animations, designs, text, interfaces, trademarks, logos, downloadable content, updates, modifications, and all other elements of the Product, together with all intellectual property rights therein, whether registered or unregistered and wherever existing under applicable law.
The Product is protected by copyright laws, trademark laws, international treaties, and other intellectual property and proprietary rights laws. Except for the limited license expressly granted under this EULA, no rights or interests in the Product are transferred or assigned to you. You acknowledge and agree that you shall not acquire any ownership or proprietary rights in or to the Product by virtue of downloading, installing, accessing, purchasing, or using the Product.
“The Sinking City™”, “Frogwares™”, and all related names, logos, slogans, designs, and other associated marks are trademarks or registered trademarks of Frogwares Ireland Ltd. in certain jurisdictions. All other trademarks, logos, and trade names are the property of their respective owners.
You are not entitled to use the Product in a way that infringes the Company’s intellectual property and ownership rights, including the use of any trademarks, brand names, service marks, logos, and other means of individualization that belong to the Company.
7. PRODUCT UPDATES AND CHANGES
The Company may, from time to time, provide patches, updates, upgrades, fixes, technical modifications, compatibility updates, or other changes to the Product (“Updates”), including for purposes of improving gameplay, stability, security, performance, compatibility, or functionality.
Such Updates may be installed automatically, where supported by the relevant platform, or may require manual download and installation by you. Certain features or functionality of the Product may require the latest version of the Product or specific Updates to operate properly.
The Company may also make available additional downloadable content, expansions, cosmetic items, digital features, bonus materials, or other supplementary content, whether free or paid. Access to certain content or features may require a separate purchase, platform authorization, account registration, internet access for download or activation purposes, or acceptance of additional terms. The Company may determine whether any Updates or additional content are provided free of charge or for a fee.
Unless expressly stated otherwise, all Updates and additional content provided for the Product shall be deemed part of the Product and subject to this EULA.
Certain functionalities, including downloading, activation, updating, accessing additional content, cloud storage features, crash reporting, telemetry, or platform-related services, may require internet access or the use of Third-Party Services.
8. FEEDBACK
If you provide the Company with suggestions, feedback, ideas, or recommendations regarding the Product (“Feedback”), you grant the Company a perpetual, irrevocable, worldwide, royalty-free right to use such Feedback for any purpose without compensation or attribution.
9. PRIVACY
Your use of the Product may involve the collection and processing of certain information or data related to your use of the Product by the Company.
For information regarding how the Company collects, uses, stores, processes, and protects information or data related to your use of the Product, please review our Privacy Notice - https://frogwares.com/privacy-policy/.
By downloading, installing, accessing, or using the Product, you acknowledge that information or data related to your use of the Product may be processed in accordance with the Privacy Notice and applicable data protection laws.
10. DISTRIBUTION PLATFORMS, RETAIL OUTLETS, AND THIRD-PARTY SERVICES
The Product may be distributed, sold, licensed, downloaded, purchased, activated, or otherwise made available through third-party gaming platforms, digital storefronts, retail outlets, console ecosystems, online marketplaces, cloud distribution services, or other third-party services operated by entities other than the Company (“Third-Party Services”), whether paid or unpaid.
Your use of such Third-Party Services, including the purchase, download, installation, activation, payment processing, account management, delivery, updating, or support of the Product, may be subject to separate terms, conditions, licenses, and privacy policies established by the relevant third parties. By accessing or using the Product through any Third-Party Services, you acknowledge and agree that the applicable third-party terms govern your use of those Third-Party Services.
The Company does not own or control Third-Party Services and does not license any intellectual property rights related to Third-Party Services to you except as expressly permitted by the relevant third party.
The Company does not guarantee the availability, functionality, compatibility, security, continued operation, or uninterrupted access to any Third-Party Services and shall not be responsible or liable for the acts or omissions of third parties, third-party platform or retail policies, account restrictions, payment processing, delivery issues, platform outages, content availability, or any loss, damage, or liability arising from your use of Third-Party Services. Your use of Third-Party Services is at your own risk.
11. TERMINATION
This EULA becomes effective when you purchase, download, install, access, or use the Product and remains effective until terminated in accordance with its terms.
This EULA will terminate automatically: (i) if you fail to comply with any of the terms and conditions of this EULA; (ii) if you destroy and/or uninstall the Product.
Upon termination for any reason, all rights granted to you under this EULA shall cease, and you must immediately uninstall the Product and destroy all copies of the Product in your possession. The provisions of this EULA relating to disclaimers or warranties, limitations of liability, remedies, damages, Company’s proprietary rights, and/or any terms intended expressly or by implication to survive termination or expiry shall survive termination.
12. WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY
YOU EXPLICITLY ACKNOWLEDGE THAT WHEN YOU DOWNLOAD, INSTALL, OR USE THE PRODUCT, YOU ARE ACTING AT YOUR DISCRETION AND YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, THE PRODUCT IS SUPPLIED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DO NOT MAKE AND HEREBY DISCLAIM ANY GUARANTEES, CONDITIONS, OR WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR OTHER TERMS, INCLUDING AS TO THE PRODUCT CONFORMITY, ACCURACY, CORRECTNESS, COMPLETENESS, RELIABILITY, SECURITY, AND SUITABILITY FOR A PARTICULAR USE, OR YOUR SATISFACTION. YOU ASSUME ALL RESPONSIBILITY FOR SELECTING THE PRODUCT TO ACHIEVE YOUR INTENDED RESULTS AND EXPECTATIONS. YOU ALSO ASSUME ALL RESPONSIBILITY FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE PRODUCT. TO THE FULLEST EXTENT OF THE NORMS PROVIDED BY APPLICABLE LAWS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY SHALL NOT BE LIABLE FOR LOSSES OR DAMAGES SUFFERED IN CONNECTION WITH THE USE OF THE PRODUCT IN PARTICULAR FOR (I) ALL AND ANY LOSSES OF ANY KIND, WHETHER IN TORT (INCLUDING FOR NEGLIGENCE OR BREACH OF STATUTORY DUTY), CONTRACT, MISREPRESENTATION (WHETHER INNOCENT OR NEGLIGENT) OR OTHERWISE, (II) DIRECT AND INDIRECT LOSSES, (III) ACCIDENTAL AND CONSEQUENTIAL LOSSES. IN ANY CASE, THE COMPANY’S LIABILITY SHALL ALWAYS BE LIMITED TO THE AMOUNT OF THE PURCHASE PRICE OF THE PRODUCT IN A PARTICULAR SEPARATE CASE. NOTWITHSTANDING THE AFOREMENTIONED LIMITATIONS OF LIABILITY, YOU MAY ALWAYS CEASE TO USE THE PRODUCT, AS WELL AS TRY TO USE ANY REMEDIES STIPULATED BY THE APPLICABLE LAWS. IF THERE ARE SOME PROVISIONS OF THE APPLICABLE LAWS THAT PROHIBIT THE LIMITATION OF LIABILITY, THEY WILL PREVAIL OVER THE LIMITATION OF LIABILITY CONDITIONS DEFINED HEREIN.
13. INDEMNIFICATION
YOU EXPLICITLY ACKNOWLEDGE THAT WHEN YOU DOWNLOAD, INSTALL, OR USE THE PRODUCT, YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE CAUSED TO THE COMPANY OR LEGAL ENTITY AS A RESULT OF YOUR VIOLATION OF THIS EULA. YOU HEREBY AGREE TO DEFEND, INDEMNIFY, AND KEEP INDEMNIFIED THE COMPANY AGAINST ANY CLAIM OR ALLEGED CLAIMS, LIABILITIES, LOSSES, DAMAGES, AND ALL COSTS (INCLUDING LAWYERS’ FEES), DIRECTLY OR INDIRECTLY ATTRIBUTABLE TO YOUR FAULT AND/OR RESULTING FROM A VIOLATION OF THIS EULA.
14. GOVERNING LAW
The development of this End User License Agreement and the use of the Product are governed by the law of Ireland (applicable laws). To the extent permitted by applicable laws, this EULA and any disputes or claims arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with the laws of Ireland.
You irrevocably agree that the courts of the Republic of Ireland have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the EULA or its subject matter or formation (including non-contractual disputes or claims).
15. MISCELLANEOUS
If any provision of this EULA is found to be unlawful, invalid, or unenforceable, the remaining provisions shall remain in full force and effect.
The Company shall not be liable for any delay or failure to perform resulting from causes beyond its reasonable control, including internet outages, force majeure events, governmental actions, labor disputes, cyberattacks, or failures of third-party services.
This EULA constitutes the entire agreement between you and the Company regarding the Product and supersedes prior understandings relating to its subject matter.
The Company may assign or transfer this EULA without restriction. You may not assign this EULA without the prior written consent of the Company.
16. CHANGES TO THIS EULA
The Company reserves the right, subject to applicable law, to revise, change, modify, add, or delete this EULA for security, legal, best practice, or regulatory purposes at any time. Updated versions may be made available through the Product's or the Company’s official website, distribution platforms, or other appropriate means.
The Company may update, rename, expand, or modify the list of covered titles within the Product from time to time without requiring amendment of this EULA.
Your continued use of the Product after the updated EULA becomes effective constitutes your acceptance of the revised terms.
17. CONTACT INFORMATION
If you have questions regarding downloading, installing, or using the Product or any other questions concerning this EULA, you may contact the Company at the following address: info@frogwares.com, and we will try to respond to you as soon as reasonably possible.