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END-USER LICENSE AGREEMENT FOR PLAYTESTING "MAJOR LEAGUE CURVEBALL"
Please read this agreement before installing and/or running the game. By installing, accessing or using the game in any way, you indicate your acceptance of this agreement. During installation, you will be asked to accept or decline the terms by selecting either “I Accept” or “I Do Not Accept.” If you choose “I Do Not Accept,” the Software Product will not install. By selecting “I Accept,” you confirm that you have read, understood, and agree to be bound by this EULA.
You represent and warrant that you are of legal age in your country of residence and accept this EULA either for yourself or on behalf of your child or dependent, as applicable. If you are not of legal age, you must obtain consent from your parent or legal guardian in accordance with applicable laws. The Gang reserves the right to request written proof of parental or legal guardian consent if we suspect a user is underage.
This End-User License Agreement (“EULA” or “License”) is a legally binding agreement between you (the “User”) and The Gang, S.A., along with its affiliates (“The Gang”), by which you agree to participate in the testing (the “Playtest”) of prototype video game “Major League Curveball” (the “Software Product”), developed by The Gang. Any violation of this Agreement will result in the immediate termination of your participation in the Playtest and the revocation of your License to use the Software Product.
The Playtest Period refers to the time frame during which The Gang allows you to access and use the Software Product for the purpose of testing and providing feedback. This period is indefinite and may be terminated at The Gang's sole discretion, without prior notice.
The Software Product is protected under local copyright laws, EU copyright laws and international copyright treaties, and other applicable intellectual property laws. All rights, titles, and interests, including copyright, in and to the Software Product including but not limited to, any titles, computer codes, images, photographs, animations, videos, music, text, character names, plots, stories, dialogues, locations, and concepts incorporated into the Software Product, as well as any trademark rights, patents, designs, database rights, copyright, know-how, and trade secrets are owned by The Gang or its licensors.
The Gang grants you a revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Software Product during the Playtest Period solely for the purpose of testing and providing feedback. All rights not explicitly granted to you under this EULA are reserved by The Gang.
Any violation of the EULA may result in immediate termination of your access to the Software Product and the revocation of your license.
As long as you comply with the terms of this License, and for the duration of the Playtest Period, you may:
Install and use the Software Product on any computer or device that you own or control, and solely for the purposes set forth in this Agreement, provided that the installation and use are conducted through the Steam platform in accordance with Steam’s terms of service. The use of the Software Product is subject to Steam’s policies regarding the distribution and licensing of digital content.
Transfer the Software Product between computers or devices through the Steam platform, as long as it is only used on one computer or device at a time, and each computer or device is under your ownership or control during use. The transfer and use of the Software Product are subject to Steam’s system for managing software licenses and digital rights.
The following actions regarding the Software Product are strictly prohibited:
Removing or obscuring any copyright, trademark, or other proprietary notices on the Software Product or accompanying materials, including modifying, circumventing, or disabling any technical protection measures or digital rights management systems related to the Software Product and its components;
Decompiling, reverse engineering, modifying or disassembling the Software Product;
Copying, renting, leasing, sublicensing, distributing, publicly displaying, or creating derivative works based on the Software Product (except for the permitted uses of UGC under Section 6 of this License), or otherwise commercially exploiting the Software Product in any manner;
Using the Software Product in a manner that is contrary to good morals or violates applicable laws;
Electronically transmitting the Software Product from one computer, console, or platform to another, or over a network;
Using any backup or archival copy of the Software Product for any purpose other than to replace the original copy if it is destroyed or becomes defective.
In addition to the limitations outlined in Section 3, you further agree that when using the Software Product, you will:
Refrain from creating, uploading, streaming, or sharing any images, audio, or other content or communications that are racist, offensive to any ethnicity, gender identity, sexual orientation, nationality, or religion, or that disparage anyone based on their mental or physical abilities, appearance, or other personal characteristics, or that contain lewd, graphic sexual content, or abhorrent violent material;
Refrain from forming or supporting hate groups, as well as from engaging in or endorsing hate speech;
Refrain from engaging in, threatening or promoting illegal activities, terrorism, acts of violence, or self-harm;
Refrain from threatening, harming, harassing, trolling, or stalking others, and from encouraging such behaviour;
Refrain from defaming others, or creating, altering, uploading, streaming, or sharing images or audio of another person without their consent;
Refrain from cheating or exploiting bugs, glitches, vulnerabilities, or unintended mechanisms in the Software Product to gain an advantage or unauthorized access;
Do not attempt to hack, reverse engineer, or modify the Software Product;
Do not upload or share content that could harm The Gang, their licensors, or players, including any code or viruses that may damage, alter, or interfere with the Software Product;
Refrain from promoting third party entities without The Gang consent;
Refrain from engaging in, promoting, or facilitating activities that infringe on third-party rights or breach contractual or fiduciary obligations;
Treat our employees, agents, and representatives with respect; do not be rude, abusive, or threatening.
Comply with all applicable laws and regulations.
Any violation of this section may result in moderation action taken against your account, including warnings, restricted access to some features, temporary suspension of your account and permanent ban. The Gang further reserves any right to delete any content that does not comply with the above rules.
You acknowledge and agree that The Gang may periodically release updates to the Software Product to address software bugs, resolve other issues, rebalance gameplay, or add or remove features within the Software Product. The Gang is under no obligation to provide the User with updates, upgrades, or any future versions of the Software Product, including the final commercial release version of the Software Product.
The Gang may require gathering information from you when you use the Software Product. This information could include your SteamID, computer setup, gameplay behaviour and progress and software usage. For more details on how we collect this data, the purposes for which we collect this data and your rights under data protection laws, namely GDPR, please refer to our privacy policy available on our Steam page.
You acknowledge that the Software Product is a pre-release product and may contain errors and defects. The Software Product might not function as expected, and The Gang has no obligation to provide repair, replacement, or updates during or after the Playtest Period.
You acknowledge and agree that the Software Product is provided to you on an "as is" and "as available" basis, without any guarantees or warranties, express or implied, including but not limited to any implied warranties of merchantability, satisfactory quality, or fitness for a particular purpose. You further agree that The Gang has no obligation to make the Software Product available for play without charge for any period of time, or to make it available at all.
To the fullest extent permitted by applicable law, The Gang and its affiliates will not be liable for any consequential, indirect, incidental, special or punitive damages, including but not limited to loss of profits, loss of business, arising in connection with the use of or inability to use the Software Product or defect in or caused by the Software Product.
The limitations of liability set forth above will not apply in the event of death, moral or physical integrity or personal injury and damages resulting from wilful misconduct or gross negligence.
This EULA takes effect upon your first use of the Software Product and remains in effect until the end of the Playtest Period. You acknowledge that the Software Product may include code designed to prevent further use beyond the Playtest Period, and this code may remain on your device even after the Software Product is deleted, to prevent reinstallation and continued use after the Playtest Period.
You may terminate this EULA at any time by uninstalling or deleting the Software Product and all its copies and removing all associated components. The Gang reserves the right to terminate this EULA at any time, at its sole discretion and without notice. You agree to discontinue use of the Software Product upon termination.
Provisions of this EULA regarding disclaimers of warranties, limitations of liability and The Gang’s proprietary rights will continue to be in effect following termination.
This EULA is governed by and interpreted in accordance with the laws of Portugal. Without prejudice to the rules of conflict of laws, any dispute concerning the execution, interpretation or termination of this EULA shall be submitted to the exclusive jurisdiction of the Lisbon District Court.
a. Updates and amendments – From time to time we may amend the terms of this EULA, namely, to address certain legislative changes. Any amendment to the EULA shall be dully notified to the Users. Your continued use of the Software Product after changes are posted means you agree to be legally bound by the EULA as updated and amended.
b. Severability - If any provision or portion of this EULA is found to be unlawful, void, or for any reason unenforceable, it will be served from and in no way affect the validity or enforceability of the remaining provisions of the EULA.
c. Entire agreement – This EULA constitutes the entire agreement between The Gang and you with respect to the license and use of the Software Product and supersedes all prior or contemporaneous understandings.
d. Contact us – If you have a question regarding this EULA, or want to give us feedback about it, please contact us at contact@thegang.io
Please read this agreement before installing and/or running the game. By installing, accessing or using the game in any way, you indicate your acceptance of this agreement. During installation, you will be asked to accept or decline the terms by selecting either “I Accept” or “I Do Not Accept.” If you choose “I Do Not Accept,” the Software Product will not install. By selecting “I Accept,” you confirm that you have read, understood, and agree to be bound by this EULA.
You represent and warrant that you are of legal age in your country of residence and accept this EULA either for yourself or on behalf of your child or dependent, as applicable. If you are not of legal age, you must obtain consent from your parent or legal guardian in accordance with applicable laws. The Gang reserves the right to request written proof of parental or legal guardian consent if we suspect a user is underage.
This End-User License Agreement (“EULA” or “License”) is a legally binding agreement between you (the “User”) and The Gang, S.A., along with its affiliates (“The Gang”), by which you agree to participate in the testing (the “Playtest”) of prototype video game “Major League Curveball” (the “Software Product”), developed by The Gang. Any violation of this Agreement will result in the immediate termination of your participation in the Playtest and the revocation of your License to use the Software Product.
Playtest Period
The Playtest Period refers to the time frame during which The Gang allows you to access and use the Software Product for the purpose of testing and providing feedback. This period is indefinite and may be terminated at The Gang's sole discretion, without prior notice.
Intellectual Property Rights
The Software Product is protected under local copyright laws, EU copyright laws and international copyright treaties, and other applicable intellectual property laws. All rights, titles, and interests, including copyright, in and to the Software Product including but not limited to, any titles, computer codes, images, photographs, animations, videos, music, text, character names, plots, stories, dialogues, locations, and concepts incorporated into the Software Product, as well as any trademark rights, patents, designs, database rights, copyright, know-how, and trade secrets are owned by The Gang or its licensors.
Grant of License
The Gang grants you a revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Software Product during the Playtest Period solely for the purpose of testing and providing feedback. All rights not explicitly granted to you under this EULA are reserved by The Gang.
Any violation of the EULA may result in immediate termination of your access to the Software Product and the revocation of your license.
Use of the License
As long as you comply with the terms of this License, and for the duration of the Playtest Period, you may:
Install and use the Software Product on any computer or device that you own or control, and solely for the purposes set forth in this Agreement, provided that the installation and use are conducted through the Steam platform in accordance with Steam’s terms of service. The use of the Software Product is subject to Steam’s policies regarding the distribution and licensing of digital content.
Transfer the Software Product between computers or devices through the Steam platform, as long as it is only used on one computer or device at a time, and each computer or device is under your ownership or control during use. The transfer and use of the Software Product are subject to Steam’s system for managing software licenses and digital rights.
The following actions regarding the Software Product are strictly prohibited:
Removing or obscuring any copyright, trademark, or other proprietary notices on the Software Product or accompanying materials, including modifying, circumventing, or disabling any technical protection measures or digital rights management systems related to the Software Product and its components;
Decompiling, reverse engineering, modifying or disassembling the Software Product;
Copying, renting, leasing, sublicensing, distributing, publicly displaying, or creating derivative works based on the Software Product (except for the permitted uses of UGC under Section 6 of this License), or otherwise commercially exploiting the Software Product in any manner;
Using the Software Product in a manner that is contrary to good morals or violates applicable laws;
Electronically transmitting the Software Product from one computer, console, or platform to another, or over a network;
Using any backup or archival copy of the Software Product for any purpose other than to replace the original copy if it is destroyed or becomes defective.
Code of Conduct
In addition to the limitations outlined in Section 3, you further agree that when using the Software Product, you will:
Refrain from creating, uploading, streaming, or sharing any images, audio, or other content or communications that are racist, offensive to any ethnicity, gender identity, sexual orientation, nationality, or religion, or that disparage anyone based on their mental or physical abilities, appearance, or other personal characteristics, or that contain lewd, graphic sexual content, or abhorrent violent material;
Refrain from forming or supporting hate groups, as well as from engaging in or endorsing hate speech;
Refrain from engaging in, threatening or promoting illegal activities, terrorism, acts of violence, or self-harm;
Refrain from threatening, harming, harassing, trolling, or stalking others, and from encouraging such behaviour;
Refrain from defaming others, or creating, altering, uploading, streaming, or sharing images or audio of another person without their consent;
Refrain from cheating or exploiting bugs, glitches, vulnerabilities, or unintended mechanisms in the Software Product to gain an advantage or unauthorized access;
Do not attempt to hack, reverse engineer, or modify the Software Product;
Do not upload or share content that could harm The Gang, their licensors, or players, including any code or viruses that may damage, alter, or interfere with the Software Product;
Refrain from promoting third party entities without The Gang consent;
Refrain from engaging in, promoting, or facilitating activities that infringe on third-party rights or breach contractual or fiduciary obligations;
Treat our employees, agents, and representatives with respect; do not be rude, abusive, or threatening.
Comply with all applicable laws and regulations.
Any violation of this section may result in moderation action taken against your account, including warnings, restricted access to some features, temporary suspension of your account and permanent ban. The Gang further reserves any right to delete any content that does not comply with the above rules.
Updates and Changes
You acknowledge and agree that The Gang may periodically release updates to the Software Product to address software bugs, resolve other issues, rebalance gameplay, or add or remove features within the Software Product. The Gang is under no obligation to provide the User with updates, upgrades, or any future versions of the Software Product, including the final commercial release version of the Software Product.
Collection of Information
The Gang may require gathering information from you when you use the Software Product. This information could include your SteamID, computer setup, gameplay behaviour and progress and software usage. For more details on how we collect this data, the purposes for which we collect this data and your rights under data protection laws, namely GDPR, please refer to our privacy policy available on our Steam page.
No Warranties
You acknowledge that the Software Product is a pre-release product and may contain errors and defects. The Software Product might not function as expected, and The Gang has no obligation to provide repair, replacement, or updates during or after the Playtest Period.
You acknowledge and agree that the Software Product is provided to you on an "as is" and "as available" basis, without any guarantees or warranties, express or implied, including but not limited to any implied warranties of merchantability, satisfactory quality, or fitness for a particular purpose. You further agree that The Gang has no obligation to make the Software Product available for play without charge for any period of time, or to make it available at all.
Limitation of Liability
To the fullest extent permitted by applicable law, The Gang and its affiliates will not be liable for any consequential, indirect, incidental, special or punitive damages, including but not limited to loss of profits, loss of business, arising in connection with the use of or inability to use the Software Product or defect in or caused by the Software Product.
The limitations of liability set forth above will not apply in the event of death, moral or physical integrity or personal injury and damages resulting from wilful misconduct or gross negligence.
Termination
This EULA takes effect upon your first use of the Software Product and remains in effect until the end of the Playtest Period. You acknowledge that the Software Product may include code designed to prevent further use beyond the Playtest Period, and this code may remain on your device even after the Software Product is deleted, to prevent reinstallation and continued use after the Playtest Period.
You may terminate this EULA at any time by uninstalling or deleting the Software Product and all its copies and removing all associated components. The Gang reserves the right to terminate this EULA at any time, at its sole discretion and without notice. You agree to discontinue use of the Software Product upon termination.
Provisions of this EULA regarding disclaimers of warranties, limitations of liability and The Gang’s proprietary rights will continue to be in effect following termination.
Governing Law and Choice of Venue
This EULA is governed by and interpreted in accordance with the laws of Portugal. Without prejudice to the rules of conflict of laws, any dispute concerning the execution, interpretation or termination of this EULA shall be submitted to the exclusive jurisdiction of the Lisbon District Court.
Miscellaneous
a. Updates and amendments – From time to time we may amend the terms of this EULA, namely, to address certain legislative changes. Any amendment to the EULA shall be dully notified to the Users. Your continued use of the Software Product after changes are posted means you agree to be legally bound by the EULA as updated and amended.
b. Severability - If any provision or portion of this EULA is found to be unlawful, void, or for any reason unenforceable, it will be served from and in no way affect the validity or enforceability of the remaining provisions of the EULA.
c. Entire agreement – This EULA constitutes the entire agreement between The Gang and you with respect to the license and use of the Software Product and supersedes all prior or contemporaneous understandings.
d. Contact us – If you have a question regarding this EULA, or want to give us feedback about it, please contact us at contact@thegang.io