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TerraTech EULA - 24th March 2021
Who we are
We are Terra Tek Studios Limited, a video games company based in London, England. Our trading name (and our name in this End User Licence Agreement) is "Payload Studios" (or "us", or "we"). Our full legal name and address is set out below.
What this is
This End User Licence Agreement ("EULA") covers the relationship between us and the individual end users ("you") who acquire or use a copy of our games (including DLC) ("Games"). This EULA is in addition to (rather than instead of) the terms which apply between you and distribution platforms like Steam or console owners ("Platform Terms"), and this EULA does not change the Platform Terms. Your use of the Game indicates your acceptance of the terms of this EULA.
1. Our licence to end users
Each purchaser of a Game has a personal, non-exclusive, non-transferable licence to store and play the Game on his or her personal devices, for personal use only. Additional restrictions may also apply, for instance if the Game is obtained through an educational institution. Games are licensed, not sold, and we reserve all rights in our Games.
Videos, fan art and modding are covered in more detail in sections 4 and 5 below.
2. Sales and returns of Games
Game sales and Game returns are governed by your relationship with the distribution platform you have paid (e.g. Steam or Humble). These platforms have policies for returns and refunds, so please contact them for these purposes.
3. Our Games
We do not promise or warrant that our games are bug free or error free.
In particular, if any of our Games are in "Early Access" or "Games in Development" (e.g. any Game with a version number lower than 1.0), or are released through an "unstable" branch (or similar), then those Games are unfinished. They are likely to include major bugs and errors and to change substantially over time (which may include losing Game saves). You may need to update our Games regularly both before and after launch of 1.0.
4. The TerraTech Community
This section sets out how we interact with our community. If you have any further questions about this please contact us via our forums (www.terratechgame.com). Please also see section 6.3 which contains important limits on creating commercial products or services connected to our Games.
4.1 Bugs and comments
We welcome all crash reports and bug reports, so please complete any crash report that comes up in a Game and let us know about other bugs via the Game, or via the bug thread on our forums. We also welcome comments! Please send these to us via the suggestions thread on our forums.
4.2 New content
If you share any content (including any tech design) you make in our Games (e.g. by tweeting it using a TerraTech hashtag), or submit it to our forums, then we may use it in our Games or on our website or social media. Techs may appear with the username and tech name you specified. So please don’t share or submit anything if you don’t want us to use it in this way! (This does not apply to your videos or streams, of course.)
In addition please don’t share or submit anything which is offensive or illegal, which belongs to someone else, or which gets you or us or our partners into trouble with anyone else.
4.3 Videos and Streams
We would love you to make gameplay videos of our Games or to stream video of you playing our Games! Obviously you are free to monetize videos or streams showing gameplay, but please just ensure that you follow the rules set by the platform you use (e.g. YouTube and Twitch). We would also love it if you told us about your videos or streams, but obviously you don’t have to do so.
4.4 Modding
Please refer to our website (or contact us) if you want to mod a Game. We cannot automatically allow all Games to be modded at the moment for technical reasons. Depending on the mod, there may also be legal issues that need to be addressed first, as our Games use technology we have licensed from other companies. In addition, we do not allow modding on console versions of our Games.
If we do allow modding for any particular version of our Games then this will be described in the release notes which we publish for that version. Modding is only allowed in accordance with release notes, so you must comply with any modding instructions in our release notes and any modding guidelines published on our website or social media channels. Modding functionality may also be changed or removed from Games in the future, and further Game updates may also affect modded content (and may stop it from working). If you distribute any modded content then you must comply with this EULA (including paragraphs 4.2 and 6), and any rules specified by anyone else involved (such as Steam terms of service, if modded content is distributed through Steam workshop). You must also make it clear that the modded content is yours, does not come from us and is not verified or endorsed by us.
4.5 Feedback, ideas and fan art
If you send us any feedback or ideas, including suggestions about a Game, or fan art, you permit us to use these without charge (including in-game or on our website or social media) as provided below in section 6.1. Please don’t send us any feedback or ideas unless you agree to this! As noted below, please do not sell or commercialise fan art based on a Game.
4.6 Helping us out
If you are a forum moderator, or help us out as a canary or with localisation, or help us in some other way, you are doing this without payment. We will not tell you when or where to do anything, and you are not required to do anything, at any time. Any help you do provide is voluntary. Please do not describe yourself as a member of the development team, or as a developer, or as a member of Payload (as this could cause confusion in the wider community). You permit us to use any work you create as provided below in section 6.1.
4.7 Multiplayer
If multiplayer is enabled this will be subject to usage and behaviour rules in common with other multiplayer games.
5. Analytics and Privacy
Our privacy policy is posted on our website. Other privacy policies may apply to your use of our Games, including the privacy policies used by the distribution platform you used to obtain the game.
6. Other legal stuff our lawyers have asked us to say
6.1 Permissions granted to us
Permissions and licences granted to us are perpetual, irrevocable, worldwide and royalty free. They are granted to us without any limitation and we may sub-license or assign them. Accordingly, we may use works, content or ideas provided to us (including anything tweeted using a TerraTech hashtag and any mod you distribute or publish or provide to us) in any way we like, including within a Game, and accordingly we may copy, modify, distribute, publish, stream, advertise, market, make derivative works of, and commercially exploit our Games (including works, content, mods or ideas provided to us) worldwide and without royalty or other charge. We are not obligated to use any works, content, mods or ideas you have created. To the extent you can do so under applicable law, you agree to waive any so-called "Moral Rights" you may have in any work, content, mod or idea you provide to us.
6.2 Restrictions
Except as (but only to the extent that) we are legally required to permit you, you will not: (i) copy, adapt, rent, lease, modify, distribute, sell, license, create derivative works of, or commercially exploit any Game; (ii) circumvent, remove or disable any digital rights management or copy protection technology used in connection with a Game; (iii) reverse engineer, disassemble, decompile a Game; (iv) hack a Game or create, distribute or use any cheat, bot or other software designed to modify a Game or change the manner in which a Game operates.
6.3 Commercial use of our Games or mods
You agree that you will not create any commercial product or service using our Games (for instance by selling fan art or 3d models created using a Game, or by selling mods) or use our Games for commercial purposes. However, this does not prevent you from monetizing videos or streams as described in paragraph 4.3 above.
6.4 Extracting assets from a Game
You may not extract assets (e.g. 3d models, music, sound files or code) from a Game, or use or distribute any extracted assets outside of a Game, unless this forms a part of ordinary Game play and is explicitly allowed (e.g. submitting techs to a forum).
6.5 User Generated Content and Mods
You must ensure that any content you create with a Game or relating to a Game (including any mod): (i) does not infringe the intellectual property rights or other rights of any person; (ii) does not contravene any applicable law or regulation; (iii) is not offensive, defamatory, objectionable or inappropriate to be viewed by children under the age of 10; and (iv) does not contain any virus, trojan horse, malware, spyware or hidden content.
If you download or use mods created by other people, you must first ensure that those mods are virus free (e.g. by using an anti-virus programme). We do not check, and we are not responsible for, third party mods.
6.6 Termination
We may terminate your rights under this EULA if you commit a material breach of this EULA. Termination of this EULA will not affect any of our other rights or remedies.
6.7 Special permission or status granted to you
If we grant you a special permission or status (e.g. to use our Game name(s), or videos or screenshots), or a specific status (e.g. a forum moderator), we can revoke this at any time without prior notice and without liability or obligation to you.
6.8 Our Game and name
We have the final say on all issues relating to the content of our Games, all uses of our studio name and our Game name(s), and of our forums, websites or social media sites. No permission or licence is granted in respect of our Games, studio name(s) and Game name(s) except as explicitly set out in (and subject to) this EULA.
6.9 Status and applicable laws
The terms set out in this EULA are a legal agreement between you and us which is governed by English law. We can assign the benefit of this agreement to any person.
6.10 Changes to these terms
We can update these terms at any time, and any update will be binding once the new terms have been published. We will use reasonable efforts to notify our community of any important changes we make to these terms, such as by posting changes to our forums.
6.11 No promises or liability
We make no promise or guarantee that our Games or services will be uninterrupted or error-free.
USE OF OUR GAMES AND SERVICES IS AT YOUR RISK. THESE ARE PROVIDED "AS IS" ONLY. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO PROMISES, WARRANTIES, CONDITIONS OR OTHER TERMS OF ANY KIND, EITHER EXPRESS OR IMPLIED, ABOUT OUR GAMES OR ANY SERVICE WE PROVIDE. WE ARE NOT LIABLE TO YOU IN ANY MANNER IN CONNECTION WITH OUR GAMES OR ANY SERVICE WE PROVIDE.
IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE OR ANY ECONOMIC LOSS UNDER OR IN CONNECTION WITH THIS EULA OR IN ANY OTHER MANNER IN CONNECTION WITH A GAME.
OUR ENTIRE LIABILITY UNDER OR IN CONNECTION WITH THIS EULA OR IN ANY OTHER MANNER IN CONNECTION WITH A GAME SHALL BE LIMITED TO AN OBLIGATION EITHER TO REFUND THE PURCHASE PRICE FOR THE RELEVANT GAME OR TO PROVIDE A REPLACEMENT COPY OF THE GAME (AS DETERMINED BY US IN OUR SOLE DISCRETION).
However, nothing in this EULA shall limit our liability for fraudulent misrepresentation, personal injury caused by our negligence, or any other form of liability which cannot be limited or excluded by contract.
If your local law does not allow these disclaimers, they may not apply to you.
6.12 Your statutory rights
Nothing in these terms will affect your statutory rights (if any) which cannot be limited by contract.
6.13 Other
Our website at www.terratechgame.com has other legal sections dealing with our relationship, including our privacy policy and cookie policy.
Although we refer to "sales" of our Games, this refers to the grant of a non-exclusive, non-transferable personal licence to use a Game for your entertainment. The precise scope of this licence is set out in this EULA and in your agreement with the distribution platform from which you obtained a copy of the Game.
6.14 Legal notices for the Game
Our Games are © 2015-2020 Payload Studios. The "TerraTech" and "Payload" names are our trademarks, and may be registered in some countries. All rights reserved.
6.15 Definitions
References to "us" and "we" mean Payload Studios (full legal name: Terra Tek Studios Limited) of number 1 Baker’s Yard, London EC1R 3DD, the UK, and our successors, assignees and licensees. "You" means any person who acquires and/or who plays TerraTech.
7. Grabit EULA (if applicable)
This section sets out the End User License Agreement relating to Grabit, which is provided by Whispering Gibbon Limited:
GRABIT End User License Agreement (EULA)
Grabit is © Whispering Gibbon Limited 2016. The Grabit mark is a trade mark of Whispering Gibbon Limited. All rights reserved.
Grabit is licensed to you free of charge to use only for the purposes of selecting items within TerraTech ("the Assets") and exporting such items as data files suitable for viewing and 3-D printing ("3D Prints") and for no other purpose.
You may not resell or redistribute Grabit nor may you disassemble or reverse engineer Grabit save as expressly provided by law. You may not use Grabit for commercial purposes save with the written permission of Whispering Gibbon prior to any such use.
All advertising materials mentioning features or use of this software must display the following acknowledgement: "This product includes software developed by Whispering Gibbon Limited, all rights reserved."
Neither the name and marks and other indicia of Whispering Gibbon Limited nor the names of the individual developers involved in the creation of Grabit may be used to endorse or promote products derived from this software without specific prior written permission
GRABIT IS PROVIDED BY WHISPERING GIBBON LIMITED ‘AS IS’ AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF SATISFACTORY QUALITY AND FITNESS FOR PURPOSE ARE HEREBY EXCLUDED. IN NO EVENT SHALL WHISPERING GIBBON LIMITED BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS AND/OR SERVICES; LOSS OF USE, DATA OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE) ARISING IN ANY WAY OUR OF THE USE OF GRABIT, EVEN IF YOU HAVE ADVISED WHISPERING GIBBON OF THE POSSIBILITY OF SUCH DAMAGE ARISING FROM YOUR USE OF GRABIT.
IN PARTICULAR, WHISPERING GIBBON LIMITED DOES NOT WARRANT THAT THE USE OF GRABIT WILL BE ERROR-FREE AND WITHOUT INTERRUPTION. BECAUSE OF VARIANCES IN THE 3D PRINTING PROCESS (SUCH AS, WITHOUT LIMITATION, MATERIALS AND COLOURS) WHISPERING GIBBON LIMITED DOES NOT WARRANT THAT 3D PRINTS WILL RESEMBLE EXACTLY THE ASSETS THAT APPEAR ON SCREEN IN-GAME.
Whispering Gibbon Limited is a company incorporated in England & Wales (registered number: 07890248) whose registered office is at 5 Sunco House, Carliol Square, Newcastle Upon Tyne, NE1 6UF.
8. Fonts
Exo Font:
Copyright (c) 2011 Natanael Gama (exo@ndiscovered.com), with Reserved Font Name "Exo"
Noto Font:
Copyright 2018 The Noto Project Authors (github.com/googlei18n/noto-fonts)
Exo and Noto Font Software is licensed under the SIL Open Font License, Version 1.1.
This license is copied below, and is also available with a FAQ at: http://scripts.sil.org/OFL
—————————————————————————————-
SIL OPEN FONT LICENSE Version 1.1 - 26 February 2007
—————————————————————————————-
PREAMBLE
The goals of the Open Font License (OFL) are to stimulate worldwide development of collaborative font projects, to support the font creation efforts of academic and linguistic communities, and to provide a free and open framework in which fonts may be shared and improved in partnership with others.
The OFL allows the licensed fonts to be used, studied, modified and redistributed freely as long as they are not sold by themselves. The fonts, including any derivative works, can be bundled, embedded, redistributed and/or sold with any software provided that any reserved names are not used by derivative works. The fonts and derivatives, however, cannot be released under any other type of license. The requirement for fonts to remain under this license does not apply to any document created using the fonts or their derivatives.
DEFINITIONS
"Font Software" refers to the set of files released by the Copyright Holder(s) under this license and clearly marked as such. This may include source files, build scripts and documentation.
"Reserved Font Name" refers to any names specified as such after the copyright statement(s).
"Original Version" refers to the collection of Font Software components as distributed by the Copyright Holder(s).
"Modified Version" refers to any derivative made by adding to, deleting, or substituting—in part or in whole—any of the components of the Original Version, by changing formats or by porting the Font Software to a new environment.
"Author" refers to any designer, engineer, programmer, technical writer or other person who contributed to the Font Software.
PERMISSION & CONDITIONS
Permission is hereby granted, free of charge, to any person obtaining a copy of the Font Software, to use, study, copy, merge, embed, modify, redistribute, and sell modified and unmodified copies of the Font Software, subject to the following conditions:
1) Neither the Font Software nor any of its individual components, in Original or Modified Versions, may be sold by itself.
2) Original or Modified Versions of the Font Software may be bundled, redistributed and/or sold with any software, provided that each copy contains the above copyright notice and this license. These can be included either as stand-alone text files, human-readable headers or in the appropriate machine-readable metadata fields within text or binary files as long as those fields can be easily viewed by the user.
3) No Modified Version of the Font Software may use the Reserved Font Name(s) unless explicit written permission is granted by the corresponding Copyright Holder. This restriction only applies to the primary font name as presented to the users.
4) The name(s) of the Copyright Holder(s) or the Author(s) of the Font Software shall not be used to promote, endorse or advertise any Modified Version, except to acknowledge the contribution(s) of the Copyright Holder(s) and the Author(s) or with their explicit written permission.
5) The Font Software, modified or unmodified, in part or in whole, must be distributed entirely under this license, and must not be distributed under any other license. The requirement for fonts to remain under this license does not apply to any document created using the Font Software.
TERMINATION
This license becomes null and void if any of the above conditions are not met.
DISCLAIMER
THE FONT SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF COPYRIGHT, PATENT, TRADEMARK, OR OTHER RIGHT. IN NO EVENT SHALL THE COPYRIGHT HOLDER BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, INCLUDING ANY GENERAL, SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF THE USE OR INABILITY TO USE THE FONT SOFTWARE OR FROM OTHER DEALINGS IN THE FONT SOFTWARE.
Who we are
We are Terra Tek Studios Limited, a video games company based in London, England. Our trading name (and our name in this End User Licence Agreement) is "Payload Studios" (or "us", or "we"). Our full legal name and address is set out below.
What this is
This End User Licence Agreement ("EULA") covers the relationship between us and the individual end users ("you") who acquire or use a copy of our games (including DLC) ("Games"). This EULA is in addition to (rather than instead of) the terms which apply between you and distribution platforms like Steam or console owners ("Platform Terms"), and this EULA does not change the Platform Terms. Your use of the Game indicates your acceptance of the terms of this EULA.
1. Our licence to end users
Each purchaser of a Game has a personal, non-exclusive, non-transferable licence to store and play the Game on his or her personal devices, for personal use only. Additional restrictions may also apply, for instance if the Game is obtained through an educational institution. Games are licensed, not sold, and we reserve all rights in our Games.
Videos, fan art and modding are covered in more detail in sections 4 and 5 below.
2. Sales and returns of Games
Game sales and Game returns are governed by your relationship with the distribution platform you have paid (e.g. Steam or Humble). These platforms have policies for returns and refunds, so please contact them for these purposes.
3. Our Games
We do not promise or warrant that our games are bug free or error free.
In particular, if any of our Games are in "Early Access" or "Games in Development" (e.g. any Game with a version number lower than 1.0), or are released through an "unstable" branch (or similar), then those Games are unfinished. They are likely to include major bugs and errors and to change substantially over time (which may include losing Game saves). You may need to update our Games regularly both before and after launch of 1.0.
4. The TerraTech Community
This section sets out how we interact with our community. If you have any further questions about this please contact us via our forums (www.terratechgame.com). Please also see section 6.3 which contains important limits on creating commercial products or services connected to our Games.
4.1 Bugs and comments
We welcome all crash reports and bug reports, so please complete any crash report that comes up in a Game and let us know about other bugs via the Game, or via the bug thread on our forums. We also welcome comments! Please send these to us via the suggestions thread on our forums.
4.2 New content
If you share any content (including any tech design) you make in our Games (e.g. by tweeting it using a TerraTech hashtag), or submit it to our forums, then we may use it in our Games or on our website or social media. Techs may appear with the username and tech name you specified. So please don’t share or submit anything if you don’t want us to use it in this way! (This does not apply to your videos or streams, of course.)
In addition please don’t share or submit anything which is offensive or illegal, which belongs to someone else, or which gets you or us or our partners into trouble with anyone else.
4.3 Videos and Streams
We would love you to make gameplay videos of our Games or to stream video of you playing our Games! Obviously you are free to monetize videos or streams showing gameplay, but please just ensure that you follow the rules set by the platform you use (e.g. YouTube and Twitch). We would also love it if you told us about your videos or streams, but obviously you don’t have to do so.
4.4 Modding
Please refer to our website (or contact us) if you want to mod a Game. We cannot automatically allow all Games to be modded at the moment for technical reasons. Depending on the mod, there may also be legal issues that need to be addressed first, as our Games use technology we have licensed from other companies. In addition, we do not allow modding on console versions of our Games.
If we do allow modding for any particular version of our Games then this will be described in the release notes which we publish for that version. Modding is only allowed in accordance with release notes, so you must comply with any modding instructions in our release notes and any modding guidelines published on our website or social media channels. Modding functionality may also be changed or removed from Games in the future, and further Game updates may also affect modded content (and may stop it from working). If you distribute any modded content then you must comply with this EULA (including paragraphs 4.2 and 6), and any rules specified by anyone else involved (such as Steam terms of service, if modded content is distributed through Steam workshop). You must also make it clear that the modded content is yours, does not come from us and is not verified or endorsed by us.
4.5 Feedback, ideas and fan art
If you send us any feedback or ideas, including suggestions about a Game, or fan art, you permit us to use these without charge (including in-game or on our website or social media) as provided below in section 6.1. Please don’t send us any feedback or ideas unless you agree to this! As noted below, please do not sell or commercialise fan art based on a Game.
4.6 Helping us out
If you are a forum moderator, or help us out as a canary or with localisation, or help us in some other way, you are doing this without payment. We will not tell you when or where to do anything, and you are not required to do anything, at any time. Any help you do provide is voluntary. Please do not describe yourself as a member of the development team, or as a developer, or as a member of Payload (as this could cause confusion in the wider community). You permit us to use any work you create as provided below in section 6.1.
4.7 Multiplayer
If multiplayer is enabled this will be subject to usage and behaviour rules in common with other multiplayer games.
5. Analytics and Privacy
Our privacy policy is posted on our website. Other privacy policies may apply to your use of our Games, including the privacy policies used by the distribution platform you used to obtain the game.
6. Other legal stuff our lawyers have asked us to say
6.1 Permissions granted to us
Permissions and licences granted to us are perpetual, irrevocable, worldwide and royalty free. They are granted to us without any limitation and we may sub-license or assign them. Accordingly, we may use works, content or ideas provided to us (including anything tweeted using a TerraTech hashtag and any mod you distribute or publish or provide to us) in any way we like, including within a Game, and accordingly we may copy, modify, distribute, publish, stream, advertise, market, make derivative works of, and commercially exploit our Games (including works, content, mods or ideas provided to us) worldwide and without royalty or other charge. We are not obligated to use any works, content, mods or ideas you have created. To the extent you can do so under applicable law, you agree to waive any so-called "Moral Rights" you may have in any work, content, mod or idea you provide to us.
6.2 Restrictions
Except as (but only to the extent that) we are legally required to permit you, you will not: (i) copy, adapt, rent, lease, modify, distribute, sell, license, create derivative works of, or commercially exploit any Game; (ii) circumvent, remove or disable any digital rights management or copy protection technology used in connection with a Game; (iii) reverse engineer, disassemble, decompile a Game; (iv) hack a Game or create, distribute or use any cheat, bot or other software designed to modify a Game or change the manner in which a Game operates.
6.3 Commercial use of our Games or mods
You agree that you will not create any commercial product or service using our Games (for instance by selling fan art or 3d models created using a Game, or by selling mods) or use our Games for commercial purposes. However, this does not prevent you from monetizing videos or streams as described in paragraph 4.3 above.
6.4 Extracting assets from a Game
You may not extract assets (e.g. 3d models, music, sound files or code) from a Game, or use or distribute any extracted assets outside of a Game, unless this forms a part of ordinary Game play and is explicitly allowed (e.g. submitting techs to a forum).
6.5 User Generated Content and Mods
You must ensure that any content you create with a Game or relating to a Game (including any mod): (i) does not infringe the intellectual property rights or other rights of any person; (ii) does not contravene any applicable law or regulation; (iii) is not offensive, defamatory, objectionable or inappropriate to be viewed by children under the age of 10; and (iv) does not contain any virus, trojan horse, malware, spyware or hidden content.
If you download or use mods created by other people, you must first ensure that those mods are virus free (e.g. by using an anti-virus programme). We do not check, and we are not responsible for, third party mods.
6.6 Termination
We may terminate your rights under this EULA if you commit a material breach of this EULA. Termination of this EULA will not affect any of our other rights or remedies.
6.7 Special permission or status granted to you
If we grant you a special permission or status (e.g. to use our Game name(s), or videos or screenshots), or a specific status (e.g. a forum moderator), we can revoke this at any time without prior notice and without liability or obligation to you.
6.8 Our Game and name
We have the final say on all issues relating to the content of our Games, all uses of our studio name and our Game name(s), and of our forums, websites or social media sites. No permission or licence is granted in respect of our Games, studio name(s) and Game name(s) except as explicitly set out in (and subject to) this EULA.
6.9 Status and applicable laws
The terms set out in this EULA are a legal agreement between you and us which is governed by English law. We can assign the benefit of this agreement to any person.
6.10 Changes to these terms
We can update these terms at any time, and any update will be binding once the new terms have been published. We will use reasonable efforts to notify our community of any important changes we make to these terms, such as by posting changes to our forums.
6.11 No promises or liability
We make no promise or guarantee that our Games or services will be uninterrupted or error-free.
USE OF OUR GAMES AND SERVICES IS AT YOUR RISK. THESE ARE PROVIDED "AS IS" ONLY. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO PROMISES, WARRANTIES, CONDITIONS OR OTHER TERMS OF ANY KIND, EITHER EXPRESS OR IMPLIED, ABOUT OUR GAMES OR ANY SERVICE WE PROVIDE. WE ARE NOT LIABLE TO YOU IN ANY MANNER IN CONNECTION WITH OUR GAMES OR ANY SERVICE WE PROVIDE.
IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE OR ANY ECONOMIC LOSS UNDER OR IN CONNECTION WITH THIS EULA OR IN ANY OTHER MANNER IN CONNECTION WITH A GAME.
OUR ENTIRE LIABILITY UNDER OR IN CONNECTION WITH THIS EULA OR IN ANY OTHER MANNER IN CONNECTION WITH A GAME SHALL BE LIMITED TO AN OBLIGATION EITHER TO REFUND THE PURCHASE PRICE FOR THE RELEVANT GAME OR TO PROVIDE A REPLACEMENT COPY OF THE GAME (AS DETERMINED BY US IN OUR SOLE DISCRETION).
However, nothing in this EULA shall limit our liability for fraudulent misrepresentation, personal injury caused by our negligence, or any other form of liability which cannot be limited or excluded by contract.
If your local law does not allow these disclaimers, they may not apply to you.
6.12 Your statutory rights
Nothing in these terms will affect your statutory rights (if any) which cannot be limited by contract.
6.13 Other
Our website at www.terratechgame.com has other legal sections dealing with our relationship, including our privacy policy and cookie policy.
Although we refer to "sales" of our Games, this refers to the grant of a non-exclusive, non-transferable personal licence to use a Game for your entertainment. The precise scope of this licence is set out in this EULA and in your agreement with the distribution platform from which you obtained a copy of the Game.
6.14 Legal notices for the Game
Our Games are © 2015-2020 Payload Studios. The "TerraTech" and "Payload" names are our trademarks, and may be registered in some countries. All rights reserved.
6.15 Definitions
References to "us" and "we" mean Payload Studios (full legal name: Terra Tek Studios Limited) of number 1 Baker’s Yard, London EC1R 3DD, the UK, and our successors, assignees and licensees. "You" means any person who acquires and/or who plays TerraTech.
7. Grabit EULA (if applicable)
This section sets out the End User License Agreement relating to Grabit, which is provided by Whispering Gibbon Limited:
GRABIT End User License Agreement (EULA)
Grabit is © Whispering Gibbon Limited 2016. The Grabit mark is a trade mark of Whispering Gibbon Limited. All rights reserved.
Grabit is licensed to you free of charge to use only for the purposes of selecting items within TerraTech ("the Assets") and exporting such items as data files suitable for viewing and 3-D printing ("3D Prints") and for no other purpose.
You may not resell or redistribute Grabit nor may you disassemble or reverse engineer Grabit save as expressly provided by law. You may not use Grabit for commercial purposes save with the written permission of Whispering Gibbon prior to any such use.
All advertising materials mentioning features or use of this software must display the following acknowledgement: "This product includes software developed by Whispering Gibbon Limited, all rights reserved."
Neither the name and marks and other indicia of Whispering Gibbon Limited nor the names of the individual developers involved in the creation of Grabit may be used to endorse or promote products derived from this software without specific prior written permission
GRABIT IS PROVIDED BY WHISPERING GIBBON LIMITED ‘AS IS’ AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF SATISFACTORY QUALITY AND FITNESS FOR PURPOSE ARE HEREBY EXCLUDED. IN NO EVENT SHALL WHISPERING GIBBON LIMITED BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS AND/OR SERVICES; LOSS OF USE, DATA OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE) ARISING IN ANY WAY OUR OF THE USE OF GRABIT, EVEN IF YOU HAVE ADVISED WHISPERING GIBBON OF THE POSSIBILITY OF SUCH DAMAGE ARISING FROM YOUR USE OF GRABIT.
IN PARTICULAR, WHISPERING GIBBON LIMITED DOES NOT WARRANT THAT THE USE OF GRABIT WILL BE ERROR-FREE AND WITHOUT INTERRUPTION. BECAUSE OF VARIANCES IN THE 3D PRINTING PROCESS (SUCH AS, WITHOUT LIMITATION, MATERIALS AND COLOURS) WHISPERING GIBBON LIMITED DOES NOT WARRANT THAT 3D PRINTS WILL RESEMBLE EXACTLY THE ASSETS THAT APPEAR ON SCREEN IN-GAME.
Whispering Gibbon Limited is a company incorporated in England & Wales (registered number: 07890248) whose registered office is at 5 Sunco House, Carliol Square, Newcastle Upon Tyne, NE1 6UF.
8. Fonts
Exo Font:
Copyright (c) 2011 Natanael Gama (exo@ndiscovered.com), with Reserved Font Name "Exo"
Noto Font:
Copyright 2018 The Noto Project Authors (github.com/googlei18n/noto-fonts)
Exo and Noto Font Software is licensed under the SIL Open Font License, Version 1.1.
This license is copied below, and is also available with a FAQ at: http://scripts.sil.org/OFL
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SIL OPEN FONT LICENSE Version 1.1 - 26 February 2007
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PREAMBLE
The goals of the Open Font License (OFL) are to stimulate worldwide development of collaborative font projects, to support the font creation efforts of academic and linguistic communities, and to provide a free and open framework in which fonts may be shared and improved in partnership with others.
The OFL allows the licensed fonts to be used, studied, modified and redistributed freely as long as they are not sold by themselves. The fonts, including any derivative works, can be bundled, embedded, redistributed and/or sold with any software provided that any reserved names are not used by derivative works. The fonts and derivatives, however, cannot be released under any other type of license. The requirement for fonts to remain under this license does not apply to any document created using the fonts or their derivatives.
DEFINITIONS
"Font Software" refers to the set of files released by the Copyright Holder(s) under this license and clearly marked as such. This may include source files, build scripts and documentation.
"Reserved Font Name" refers to any names specified as such after the copyright statement(s).
"Original Version" refers to the collection of Font Software components as distributed by the Copyright Holder(s).
"Modified Version" refers to any derivative made by adding to, deleting, or substituting—in part or in whole—any of the components of the Original Version, by changing formats or by porting the Font Software to a new environment.
"Author" refers to any designer, engineer, programmer, technical writer or other person who contributed to the Font Software.
PERMISSION & CONDITIONS
Permission is hereby granted, free of charge, to any person obtaining a copy of the Font Software, to use, study, copy, merge, embed, modify, redistribute, and sell modified and unmodified copies of the Font Software, subject to the following conditions:
1) Neither the Font Software nor any of its individual components, in Original or Modified Versions, may be sold by itself.
2) Original or Modified Versions of the Font Software may be bundled, redistributed and/or sold with any software, provided that each copy contains the above copyright notice and this license. These can be included either as stand-alone text files, human-readable headers or in the appropriate machine-readable metadata fields within text or binary files as long as those fields can be easily viewed by the user.
3) No Modified Version of the Font Software may use the Reserved Font Name(s) unless explicit written permission is granted by the corresponding Copyright Holder. This restriction only applies to the primary font name as presented to the users.
4) The name(s) of the Copyright Holder(s) or the Author(s) of the Font Software shall not be used to promote, endorse or advertise any Modified Version, except to acknowledge the contribution(s) of the Copyright Holder(s) and the Author(s) or with their explicit written permission.
5) The Font Software, modified or unmodified, in part or in whole, must be distributed entirely under this license, and must not be distributed under any other license. The requirement for fonts to remain under this license does not apply to any document created using the Font Software.
TERMINATION
This license becomes null and void if any of the above conditions are not met.
DISCLAIMER
THE FONT SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF COPYRIGHT, PATENT, TRADEMARK, OR OTHER RIGHT. IN NO EVENT SHALL THE COPYRIGHT HOLDER BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, INCLUDING ANY GENERAL, SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF THE USE OR INABILITY TO USE THE FONT SOFTWARE OR FROM OTHER DEALINGS IN THE FONT SOFTWARE.