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End User Licence Agreement | "Duel Hell Purgatory"-EULA
Please read this EULA carefully, as it sets out the basis upon which the Game is licensed for use. Before you download the Game from this website or the platform of one of our appointed distribution partners, you will be asked to give your express agreement to the provisions of this EULA.
By agreeing to be bound by this EULA, you warrant to us that you are at least 18 years of age; if you are not, you must not use the Game.
WARNING: The light patterns in some video games may trigger epileptic seizures or blackouts in a very small number of individuals. If you have an epileptic condition, you should consult a medical professional before playing the Game. If you experience dizziness, muscle twitching, changes to vision, disorientation, seizures, convulsions and/or any involuntary movements while playing the Game, you should immediately stop playing and consult a medical professional.
1. Definitions
1.1 In this EULA, except to the extent expressly provided otherwise:
"Charges" means the charges payable by the User to the Licensor under or in relation to this EULA, which may include the purchase price of the Game;
"Distribution Platform" means any digital distribution platform operated by a third party by means of which the User lawfully acquired the Game;
"Distribution Platform Terms and Conditions" means the terms and conditions of the Distribution Platform that set out any rights and/or obligations of the User in relation to the Game;
"DLC" means any downloadable or other supplemental content for the Game made available by the Licensor and purchased or otherwise lawfully acquired by the User;
"Documentation" means any documentation for the Game produced by the Licensor and supplied or made available by the Licensor to the User;
"Effective Date" means the date upon which the User accepts the terms of this EULA in accordance with the preamble to this EULA;
"EULA" means this end user licence agreement, including any amendments to this end user licence agreement from time to time;
"Feedback" means any feedback, advice or suggestions provided by the User to the Licensor by email for the Game concerning the Game OR any services of the Licensor;
"Force Majeure Event" means an event, or a series of related events, that is outside the reasonable control of the party affected (including failures of the internet or any public telecommunications network, hacker attacks, denial of service attacks, virus or other malicious software attacks or infections, power failures, industrial disputes affecting any third party, changes to the law, disasters, epidemics, pandemics, explosions, fires, floods, riots, terrorist attacks and wars);
"Game" means Duel Hell Purgatory, as modified, patched, updated and upgraded from time to time by or with the authorisation of the Licensor, including any DLC;
"Intellectual Property Rights" means all intellectual property rights wherever in the world, whether registrable or unregistrable, registered or unregistered, including any application or right of application for such rights (and these "intellectual property rights" include copyright and related rights, database rights, confidential information, trade secrets, know-how, business names, trade names, trade marks, service marks, passing off rights, unfair competition rights, patents, petty patents, utility models, semi-conductor topography rights and rights in designs);
"Licensor" means "Alexander Kaube - It's A Sidegame", a company incorporated in Germany.
"Online Services" means the software-based services provided by the Licensor via the internet and designed for use in conjunction with the Game;
"Permitted Hardware" means any desktop, laptop or computer that is owned by and in the physical control of the User and meets the minimum hardware requirements for the Game published by the Licensor from time to time;
"Support Services" means support in relation to the use of the Game and the identification and resolution of bugs and other errors in the Game;
"Term" means the term of this EULA, commencing in accordance with Clause 2.1 and ending in accordance with Clause 2.2;
"Update" means a hotfix, patch or version update (minor or major) to the Game;
"User" means the person to whom the Licensor grants a right to use the Game under this EULA in accordance with the preamble to this EULA;
"User Communications" means any text, voice or other communications sent or transmitted by the User to any other user of the Game by means of the Game;
"User Content" means all works and materials (including text, graphics,images, audio material, video material, audio-visual material, scripts, software and files) that the User submits to the Game, save to the extent that such works and materials are expressly excluded by this EULA, but in any case including User Communications and Feedback; and
"User Creations" means screenshots, audio recordings and video footage created by the User that reproduce content from the Game, together with any derivative works of such screenshots, audio recordings and video footage created by the User (such as memes, reviews, game guides, Let's Play videos and livestreams).
2. Term
2.1 This EULA shall come into force upon the Effective Date.
2.2 This EULA shall continue in force indefinitely, subject to termination in accordance with Clause 18 or any other provision of this EULA.
3. Licence
3.1 The Licensor hereby grants to the User from the date of supply of the Game to the User until the end of the Term a worldwide, non-exclusive, nontransferablelicence to:
(a) install a copy of the Game on the Permitted Hardware;
(b) install a copy of the Documentation on the Permitted Hardware;
(c) use a single instance of the Game on the Permitted Hardware inaccordance with the Documentation;
(d) view the Documentation on the Permitted Hardware; and
(e) create, store and maintain back up copies of the Game, for the private and domestic purposes of the User and subject to the limitations and exclusions set out and referred to in this Clause 3. This licence is granted subject to the payment of any applicable Licensor, Distribution Platform and supplier charges.
3.2 The User may permit the family members and friends of the User to use the User's installation of the Game on the Permitted Hardware in accordance with the Documentation; providing that the User must not allow any other person or persons to use the Game.
3.3 Any licence granted to the User under this Clause 3 shall be subject to the following prohibitions:
(a) the User must not sell, resell, rent, lease, loan, license, sub-license, gift, supply, transfer, publish, distribute or redistribute the Game;
(b) the User must not make the Game available for download or access by others;
(c) the User must not commercially exploit the Game or use the Game to provide any service (including using the Game at an internet cafe or computer gaming centre);
(d) the User must not use the Game in connection with any marketing, advertising or promotional activity;
(e) the User must not modify, alter, edit, adapt or create derivative works of the Game;
(f) the User must not decompile, de-obfuscate or reverse engineer, or attempt to decompile, de-obfuscate or reverse engineer, the Game;
(g) the User must not delete, remove, disable or circumvent any security protection measures or proprietary notices in or associated with the Game; and
(h) the User must not import or export the Game, or otherwise use the Game, in contravention of any applicable laws, save to the extent expressly permitted by this EULA or permitted by applicable law on a non-excludable basis. The prohibitions in this Clause 3.3 relating to the Game shall apply equally to the Documentation.
3.4 The User acknowledges that the use of the Game and the exercise of the rights of the User under this EULA may require the use of an activation code or key, and further that:
(a) the User shall be responsible for securely storing the activation code orkey; and
(b) the Licensor shall have no obligation to replace a lost, stolen or corrupted activation code or key.
3.5 The User acknowledges that the use of the Game is subject to the agreement of the User to the commercial and open source licences set out or referred to in Schedule 2 (Third party licences);
4. Online Services
4.1 The Game uses a peer to peer connection via steam, designed to be used in conjunction with the Online Services; and the User acknowledges that the peer to peer connection via steam will not function properly in the absence of access to the Online Services.
4.2 The User is responsible for arranging and maintaining an internet connection sufficient for access to the Online Services, and for paying all associated fees.
4.3 The Licensor shall use reasonable endeavours to maintain the availability of the Online Services during the relevant period, but does not guarantee 100% availability. In particular, the Online Services may be unavailable as a result of updates, scheduled maintenance, emergency maintenance, unanticipated resource requirements, hardware failures, software failures, service provider failures or Force Majeure Events.
4.4 The User must ensure that its use of the Online Services is not excessive (including with respect to bandwidth, processor utilisation and storage) and does not have a material negative effect upon the use of the Online Services by others.
4.5 The provisions of Clause 5 relating to the Game shall apply equally to the Online Services; and, accordingly, references in those provisions to the Game shall be interpreted to include a reference to the Online Services.
4.6 The Licensor reserves the right to refuse to renew the Online Services or, by giving at least 30 days' prior written notice to the User, to terminate the Online Services. If the Licensor terminates the Online Services during any paid-for period of subscription, the Licensor shall issue a pro rata refund of Charges paid with respect to that period of subscription to the User, the amount of such
5. Acceptable use
5.1 The User must not use the Game in any of the following ways:
(a) in any way that causes or may cause damage to the Game or to any other game, products or services of the Licensor;
(b) in any way that causes or may cause impairment of the performance, availability or accessibility of the Game or any other game, products or services of the Licensor;
(c) in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(d) to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(e) to conduct any systematic or automated data collection activities (including scraping, data mining, data extraction and data harvesting);
(f) by means of any software not authorised by the Licensor; or
(g) by any automated means.
5.2 The User must not, when using the Game:
(a) harass, antagonise, insult or ridicule any player or group of players;
(b) discriminate against any player on the basis of race, ethnicity, nationality, sex, gender, sexual orientation, religion, age, disability or any legally-protected criteria;
(c) engage in social engineering, including manipulating any player to disclose confidential or personal information;
(d) spam or flood any Game communications channels with any irrelevant, duplicate or low-quality content or messages;
(e) publicly name or otherwise reveal the identity of any other player;
(f) engage in any scamming, fraudulent conduct or deceptive conduct;
(g) abandon or exit the Game by any means other than the Game functionality where such abandonment or exit is liable to negatively affect another player's enjoyment of the Game; or
(h) otherwise take any action that is liable to negatively affect other players' enjoyment of the Game.
5.3 The User must not cheat when playing the Game or otherwise in relation to the Game.
5.4 Without prejudice to Clause 5.3, the User must not:
(a) edit Game software code or Game data held in memory;
(b) buy, sell or transfer any Game account;
(c) take unfair advantage of errors in the Game design or bugs in the Game software code to the detriment of any other player of the Game;
(d) access the Game using any other person's account or allow any other person to access the Game using the account of the User (except to the extent expressly permitted in this EULA); or
(e) use any software or software-based services to give any player an unfair advantage in the Game.
5.5 Cheat detection software may be included with or as part of the Game, and the User must not remove, disable or otherwise tamper with that cheat detection software.
5.6 If the User breaches this Clause 5, the Game's cheat-detection software determines that this Clause 5 has been breached by the User or the Licensor reasonably believes that the User has breached this Clause 5, the Licensor may:
(a) ban or block the User or suspend the User's access to the Game;
(b) edit, alter or amend the in-Game assets of the User; and/or
(c) terminate this EULA.
5.7 The User must not evade or circumvent, or attempt to evade or circumvent, any ban,
6. User Content
6.1 Nothing in this EULA shall transfer ownership of any Intellectual Property Rights in the User Content from the User to the Licensor.
6.2 The User grants to the Licensor a worldwide, non-exclusive, royalty-free and irrevocable licence to copy, store, adapt, edit, publish, unpublish, delete, translate, distribute and otherwise use the User Content for the purposes of marketing, advertising, promoting, publicising, managing, enhancing, improving and/or supplementing the Game.
6.3 The User grants to the Licensor the right to sub-license the rights licensed under Clause 6.2.
6.4 The User grants to the Licensor the right to bring an action for infringement of the rights licensed under Clause 6.2.
6.5 The User hereby waives all of the User's moral rights in the User Content to the maximum extent permitted by applicable law; and the User warrants and represents that all other moral rights in the User Content have been waived to the maximum extent permitted by applicable law.
6.6 The User must ensure that the User Content is not illegal or unlawful, does not infringe any person's legal rights, and is not capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
6.7 The User must ensure that the User Content, and its use by the Licensor in accordance with the licences set out in this EULA, does not:
(a) constitute a libel or malicious falsehood;
(b) constitute an obscenity or indecency;
(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
(d) infringe any right of confidence, right of privacy or right under data protection legislation;
(e) constitute negligent advice or contain any negligent statement;
(f) constitute in an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
(g) constitute a contempt of any court, or be in breach of any court order;
(h) breach any racial or religious hatred or discrimination legislation;
(i) breach official secrets legislation;
(j) breach any contractual obligation owed to any person;
(k) depict or promote self-harm;
(l) depict or promote violence in an explicit, graphic or gratuitous manner;
(m) depict nudity;
(n) constitute pornography, or contain lewd, suggestive or sexually explicit material;
(o) contain any untrue, false, inaccurate or misleading material;
(p) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
(q) contain any offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory material; or
(r) cause annoyance, inconvenience or needless anxiety to any person.
6.8 The User shall ensure that the User Content is appropriate for all persons who have access to or are likely to access the User Content in question.
6.9 The User shall ensure that the User Content is appropriate, civil and tasteful, and accords with generally accepted standards of etiquette and behaviour in video games published by the Licensor.
6.10 The User shall ensure that the User Content does not link to any website, web page or other resource consisting of or containing material that would, if it were User Content, breach the provisions of this EULA.
6.11 The User shall ensure that the User Content must not include any material that is or has ever been the subject of any threatened or actual legal proceedings or any similar complaint.
6.12 The User shall ensure that the User Content does not consist of or contain any legal, financial, investment, taxation, accountancy, medical or other professional advice.
6.13 The User shall ensure that the User Content does not constitute or contain spam - which for these purposes shall include all unlawful commercial communications, bulk commercial communications and unsolicited commercial communications.
7. User Creations
7.1 The provisions of this EULA relating to User Content shall not apply to User Creations, save to the extent expressly provided otherwise in this Clause 7.
7.2 Subject to Clause 16.2, the User shall retain ownership of all Intellectual Property Rights in those works and materials comprised in the User Creations to the extent that they are the original creative work of the User.
7.3 The Licensor hereby grants to the User a worldwide, non-exclusive, nontransferable licence to:
(a) during the Term only, create User Creations; and
(b) publish those User Creations by means of any reputable content distribution platform, subject to the other provisions of this EULA.
7.4 The User must not sell, resell, rent, lease, loan, license, sub-license, gift, supply, transfer, publish, distribute or redistribute the User Creations, except as expressly permitted by this EULA.
7.5 The User must not earn or seek to earn money from the User Creations and must not exploit the User Creations for any commercial purpose, providing that this shall not prevent the User from earning money from advertising published on reputable content sharing platforms or on any User website; nor shall it prevent the User from earning money from subscriptions to channels on reputable content-sharing platforms featuring User Creations.
7.6 The User must not use the User Creations in any way that is likely to have a material negative effect upon the reputation or goodwill of the Licensor or the Game.
7.7 The User must ensure that the User Creations comply with the provisions of Clause 6 as if they were User Content.
7.8 The User must incorporate and retain a copyright notice and authorship credit on each of the User Creations.
7.9 The Licensor may terminate the licences granted by the Licensor to the User and set out in this Clause 7 at any time in its sole discretion by giving to the User written notice of termination.
8. User Communications
8.1 Notwithstanding that the User Communications form part of the User Content, the User Communications shall be licensed to the Licensor in accordance with this Clause 8 rather than the licensing provisions of Clause 6.
8.2 The User grants to the Licensor a worldwide, non-exclusive, royalty-free and irrevocable licence to copy, store, translate, communicate and otherwise use the User Communications for the purposes of providing, monitoring and administering the Online Services.
8.3 The User acknowledges that the Licensor is not responsible for communications sent by other users of the Game.
9. Feedback
9.1 The User may from time to time provide Feedback to the Licensor.
9.2 The User acknowledges that:
(a) the Licensor is not obliged to take account of, implement or otherwise use any Feedback; and
(b) the Licensor will not compensate the User with respect to any Feedback, whether or not the Licensor takes account of, implements or otherwise uses that Feedback.
10. Updates
10.1 The Licensor may during the Term make available Updates to the User, butshall have no obligation to do so.
10.2 The User must, if prompted to do so by the Game or by the Licensor, apply an Update or Updates before using the Game.
10.3 If the User does not apply any Update to the Game, then the User shall cease to have any right to use the Game until such time as it does so. The User acknowledges that the Licensor may use technical measures to enforce this Clause 10.3.
10.4 The User agrees that the Licensor may automatically apply Updates to the Game.
11. Support Services
11.1 The Licensor may provide Support Services to the User, but shall have no obligation to do so.
11.2 Any Support Services shall be provided remotely and by such means as the Licensor may designate.
11.3 The User acknowledges and agrees that the Licensor gives no warranties or guarantees in relation to the outcome of the Support Services and, in particular, issues identified through the Support Services may only be resolved through the application of a future Update or, at the discretion of the Licensor, not at all.
12. Distribution Platforms
12.1 In addition to this EULA, the Distribution Platform Terms and Conditions may affect the rights, obligations and liabilities of the User in relation to the Game.
12.2 In the event of any conflict between this EULA and the Distribution Platform Terms and Conditions, the provisions of the Distribution Platform take precedence.
12.3 Those provisions of the Distribution Platform Terms and Conditions that impose obligations and/or liabilities on the User in relation to the Game excluding those relating to payments are hereby incorporated into this EULA for the benefit of the Licensor, and as such shall be enforceable by the Licensor against the User.
12.4 For the avoidance of doubt, the following matters shall be governed by the provisions of the Distribution Platform Terms and Conditions: the amounts payable by the User in respect of this EULA; the methods of payment to be used by the User; and any rights of the User to cancel this EULA and receive any refunds of amounts paid in respect of this EULA.
12.5 The User acknowledges that the operator of the Distribution Platform has rights under the Distribution Platform Terms and Conditions which may affect the exercise of the User's rights under this EULA. Subject to Clause 17.1, the Licensor will not be in breach of this EULA as a result of, and will not be liable to the User in respect of:
(a) any act or omission of the operator; or
(b) any loss or damage arising out of the operator's exercise of its rights under the Distribution Platform Terms and Conditions.
13. Intellectual Property Rights
13.1 Nothing in this EULA shall constitute an assignment or transfer of any Intellectual Property Rights of the Licensor.
13.2 Save to the extent expressly provided otherwise in this EULA, all the Intellectual Property Rights and other rights in:
(a) the Game;
(b) the works and materials comprised in the Game; and
(c) any other software or services of the Licensor, are hereby reserved to the Licensor and its licensors.
14. Warranties
14.1 If the Licensor reasonably determines, or any third party alleges, that the use of the Game by the User in accordance with this EULA infringes any person's Intellectual Property Rights, the Licensor may acting reasonably at its own cost and expense:
(a) modify the Game in such a way that it no longer infringes the relevant Intellectual Property Rights; or
(b) procure for the User the right to use the Game in accordance with this EULA.
14.2 The User warrants to the Licensor that it has the legal right and authority to enter into this EULA and to perform its obligations under this EULA.
14.3 All of the parties' warranties and representations in respect of the subject matter of this EULA are expressly set out in this EULA. To the maximum extent permitted by applicable law, no other warranties or representations concerning the subject
matter of this EULA will be implied into this EULA or any related contract.
15. Acknowledgements and warranty limitations
15.1 The User acknowledges that the use of the Game will require computer hardware and software meeting the minimum requirements specified by the Licensor. The User further acknowledges that, as the Game is updated, those requirements may change and, accordingly, the Game may cease to function on the hardware of the User.
15.2 The User acknowledges that complex software is never wholly free from defects, errors and bugs; and the Licensor gives no warranty or representation that the Game will be wholly free from defects, errors and bugs.
15.3 The User acknowledges that complex software is never entirely free from security vulnerabilities; and the Licensor gives no warranty or representation that the Game will be entirely secure.
16. User indemnity
16.1 The User shall indemnify and shall keep indemnified the Licensor against any and all liabilities, damages, losses, costs and expenses (including legal expenses and amounts reasonably paid in settlement of legal claims) suffered or incurred by the Licensor and arising directly or indirectly as a result of:
(a) the use of the Game by the User; and/or
(b) any breach by the User of this EULA.
17. Limitations and exclusions of liability
17.1 Nothing in this EULA will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law, and, if a party is a consumer, that party's statutory rights will not be excluded or limited by this EULA, except to the extent permitted by law.
17.2 The limitations and exclusions of liability set out in this Clause 17 and elsewhere in this EULA:
(a) are subject to Clause 17.1; and
(b) govern all liabilities arising under this EULA or relating to the subject matter of this EULA, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this EULA.
17.3 The Licensor will not be liable to the User in respect of any losses arising out of a Force Majeure Event.
17.4 The Licensor will not be liable to the User in respect of any business losses, including loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
17.5 The Licensor will not be liable to the User in respect of any loss or corruption of any data, database or software.
17.6 The Licensor will not be liable to the User in respect of any special, indirect or consequential loss or damage.
18. Termination
18.1 This EULA shall immediately and automatically terminate if the User commits any breach of this EULA.
19. Effects of termination
19.1 Except to the extent expressly provided otherwise in this EULA, the termination of this EULA shall not affect the accrued rights of either party.
19.2 For the avoidance of doubt, all licences granted to the User under this EULA shall terminate upon the termination of this EULA. Accordingly, the User must immediately cease to use the Game and all other works and materials licensed to the User under this EULA upon the termination of this EULA.
19.3 Within 2 days following the date of effective termination of this EULA, the User must irreversibly delete or destroy all copies of the Game and all copies of all other works and materials licensed to the User under this EULA in the possession or control of the User.
20. Equitable relief
20.1 The User acknowledges that:
(a) damages or other compensatory payments may not be an adequate remedy for a breach of this EULA by the User; and
(b) the Licensor shall be entitled to seek injunctive or other equitable relief in relation to any such breach, whether the breach is actual or threatened, without prejudice to the other rights and remedies of the Licensor.
21. General
21.1 No breach of any provision of this EULA shall be waived except with the express written consent of the party not in breach.
21.2 If any provision of this EULA is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions of this EULA will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the parties, in which case the entirety of the relevant provision will be deemed to be deleted).
21.3 The Licensor may vary this EULA by giving to the User at least 30 days' prior written notice of the variation or by updating the version of this EULA published on its website. The continued use of the Game by the User following any such variation constitutes the acceptance by the User of that variation. Subject to this, this EULA may only be varied by a written document signed by or on behalf of each of the parties.
21.4 The User hereby agrees that the Licensor may assign the Licensor's contractual rights and obligations under this EULA to any third party - providing that such action does not serve to reduce the guarantees benefiting the User under this EULA. Save to the extent expressly permitted by applicable law, the User must not without the prior written consent of the Licensor assign, transfer or otherwise deal with any of the User's contractual rights or obligations under this EULA.
21.5 This EULA is made for the benefit of the parties, and is not intended to benefit any third party or be enforceable by any third party. The rights of the parties to terminate, rescind, or agree any amendment, waiver, variation or settlement under or relating to this EULA are not subject to the consent of any third party.
21.6 Subject to Clause 16.1, this EULA shall constitute the entire agreement between the parties in relation to the subject matter of this EULA, and shall supersede all previous agreements, arrangements and understandings between the parties in respect of that subject matter.
21.7 This EULA shall be governed by and construed in accordance with English law.
21.8 Subject to any mandatory requirements of applicable law, the courts of Germany shall have exclusive jurisdiction to adjudicate any dispute arising under or in connection with this EULA.
22. Interpretation
22.1 In this EULA, a reference to a statute or statutory provision includes a reference to:
(a) that statute or statutory provision as modified, consolidated and/or reenacted from time to time; and
(b) any subordinate legislation made under that statute or statutory provision.
22.2 The Clause headings do not affect the interpretation of this EULA.
22.3 In this EULA, general words shall not be given a restrictive interpretation by reason of being preceded or followed by words indicating a particular class of acts, matters or things.
Schedule 2 (Third party licences)
Disclaimers and Limitation of Liability | "Duel Hell Purgatory"-EULA
"Duel Hell Purgatory" includes the Unreal® Engine code and other code, materials, and information (the “Epic Materials”) from Epic Games, Inc. (“Epic”). All Epic Materials are provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind. Alexander Kaube, Epic, and Epic’s affiliates disclaim all warranties, conditions, common law duties, and representations (express, implied, oral, and written) with respect to the Epic Materials, including without limitation all express, implied, and statutory warranties and conditions of any kind, such as title, non-interference with your enjoyment, authority, non-infringement, merchantability, fitness or suitability for any purpose (whether or not Epic knows or has reason to know of any such purpose), system integration, accuracy or completeness, results, reasonable care, workmanlike effort, lack of negligence, and lack of viruses, whether alleged to arise under law, by reason of custom or usage in the trade, or by course of dealing. Without limiting the generality of the foregoing, Alexander Kaube, Epic, and Epic’s affiliates make no warranty that
(1) any of the Epic Materials will operate properly, including as integrated in "Duel Hell Purgatory",
(2) that the Epic Materials will meet your requirements,
(3) that the operation of the Epic Materials will be uninterrupted, bug free, or error free in any or all circumstances,
(4) that any defects in the Epic Materials can or will be corrected,
(5) that the Epic Materials are or will be in compliance with a platform manufacturer’s rules or requirements, or
(6) that a platform manufacturer has approved or will approve "Duel Hell Purgatory", or will not revoke approval of "Duel Hell Purgatory" for any or no reason.
Any warranty against infringement that may be provided in Section 2-312 of the Uniform Commercial Code or in any other comparable statute is expressly disclaimed by Alexander Kaube and Epic. Alexander Kaube, Epic, and Epic’s affiliates do not guarantee continuous, error-free, virus-free, or secure operation of or access to the Epic Materials. This paragraph will apply to the maximum extent permitted by applicable law.
To the maximum extent permitted by applicable law, neither Alexander Kaube, Epic, Epic’s licensors, nor its or their affiliates, nor any of Alexander Kaube's or Epic’s service providers, shall be liable in any way for loss or damage of any kind resulting from the use or inability to use the Epic Materials or otherwise in connection with this "Duel Hell Purgatory"-EULA, including but not limited to loss of goodwill, work stoppage, computer failure, or malfunction, or any and all other commercial damages or losses. In no event will Alexander Kaube, Epic, Epic’s licensors, nor its or their affiliates, nor any of Alexander Kaube's or Epic’s service providers be liable for any loss of profits or any indirect, incidental, consequential, special, punitive, or exemplary damages, or any other damages arising out of or in connection with this "Duel Hell Purgatory"-EULA or the Epic Materials, or the delay or inability to use or lack of functionality of the Epic Materials, even in the event of Alexander Kaube's, Epic’s, or Epic’s affiliates’ fault, tort (including negligence), strict liability, indemnity, product liability, breach of contract, breach of warranty, or otherwise and even if Alexander Kaube, Epic or Epic’s affiliates have been advised of the possibility of such damages. These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate compensation. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Alexander Kaube, Epic, Epic’s licensors, its and their affiliates, and any of Alexander Kaube's or Epic’s service providers shall be limited to the full extent permitted by law.
Please read this EULA carefully, as it sets out the basis upon which the Game is licensed for use. Before you download the Game from this website or the platform of one of our appointed distribution partners, you will be asked to give your express agreement to the provisions of this EULA.
By agreeing to be bound by this EULA, you warrant to us that you are at least 18 years of age; if you are not, you must not use the Game.
WARNING: The light patterns in some video games may trigger epileptic seizures or blackouts in a very small number of individuals. If you have an epileptic condition, you should consult a medical professional before playing the Game. If you experience dizziness, muscle twitching, changes to vision, disorientation, seizures, convulsions and/or any involuntary movements while playing the Game, you should immediately stop playing and consult a medical professional.
1. Definitions
1.1 In this EULA, except to the extent expressly provided otherwise:
"Charges" means the charges payable by the User to the Licensor under or in relation to this EULA, which may include the purchase price of the Game;
"Distribution Platform" means any digital distribution platform operated by a third party by means of which the User lawfully acquired the Game;
"Distribution Platform Terms and Conditions" means the terms and conditions of the Distribution Platform that set out any rights and/or obligations of the User in relation to the Game;
"DLC" means any downloadable or other supplemental content for the Game made available by the Licensor and purchased or otherwise lawfully acquired by the User;
"Documentation" means any documentation for the Game produced by the Licensor and supplied or made available by the Licensor to the User;
"Effective Date" means the date upon which the User accepts the terms of this EULA in accordance with the preamble to this EULA;
"EULA" means this end user licence agreement, including any amendments to this end user licence agreement from time to time;
"Feedback" means any feedback, advice or suggestions provided by the User to the Licensor by email for the Game concerning the Game OR any services of the Licensor;
"Force Majeure Event" means an event, or a series of related events, that is outside the reasonable control of the party affected (including failures of the internet or any public telecommunications network, hacker attacks, denial of service attacks, virus or other malicious software attacks or infections, power failures, industrial disputes affecting any third party, changes to the law, disasters, epidemics, pandemics, explosions, fires, floods, riots, terrorist attacks and wars);
"Game" means Duel Hell Purgatory, as modified, patched, updated and upgraded from time to time by or with the authorisation of the Licensor, including any DLC;
"Intellectual Property Rights" means all intellectual property rights wherever in the world, whether registrable or unregistrable, registered or unregistered, including any application or right of application for such rights (and these "intellectual property rights" include copyright and related rights, database rights, confidential information, trade secrets, know-how, business names, trade names, trade marks, service marks, passing off rights, unfair competition rights, patents, petty patents, utility models, semi-conductor topography rights and rights in designs);
"Licensor" means "Alexander Kaube - It's A Sidegame", a company incorporated in Germany.
"Online Services" means the software-based services provided by the Licensor via the internet and designed for use in conjunction with the Game;
"Permitted Hardware" means any desktop, laptop or computer that is owned by and in the physical control of the User and meets the minimum hardware requirements for the Game published by the Licensor from time to time;
"Support Services" means support in relation to the use of the Game and the identification and resolution of bugs and other errors in the Game;
"Term" means the term of this EULA, commencing in accordance with Clause 2.1 and ending in accordance with Clause 2.2;
"Update" means a hotfix, patch or version update (minor or major) to the Game;
"User" means the person to whom the Licensor grants a right to use the Game under this EULA in accordance with the preamble to this EULA;
"User Communications" means any text, voice or other communications sent or transmitted by the User to any other user of the Game by means of the Game;
"User Content" means all works and materials (including text, graphics,images, audio material, video material, audio-visual material, scripts, software and files) that the User submits to the Game, save to the extent that such works and materials are expressly excluded by this EULA, but in any case including User Communications and Feedback; and
"User Creations" means screenshots, audio recordings and video footage created by the User that reproduce content from the Game, together with any derivative works of such screenshots, audio recordings and video footage created by the User (such as memes, reviews, game guides, Let's Play videos and livestreams).
2. Term
2.1 This EULA shall come into force upon the Effective Date.
2.2 This EULA shall continue in force indefinitely, subject to termination in accordance with Clause 18 or any other provision of this EULA.
3. Licence
3.1 The Licensor hereby grants to the User from the date of supply of the Game to the User until the end of the Term a worldwide, non-exclusive, nontransferablelicence to:
(a) install a copy of the Game on the Permitted Hardware;
(b) install a copy of the Documentation on the Permitted Hardware;
(c) use a single instance of the Game on the Permitted Hardware inaccordance with the Documentation;
(d) view the Documentation on the Permitted Hardware; and
(e) create, store and maintain back up copies of the Game, for the private and domestic purposes of the User and subject to the limitations and exclusions set out and referred to in this Clause 3. This licence is granted subject to the payment of any applicable Licensor, Distribution Platform and supplier charges.
3.2 The User may permit the family members and friends of the User to use the User's installation of the Game on the Permitted Hardware in accordance with the Documentation; providing that the User must not allow any other person or persons to use the Game.
3.3 Any licence granted to the User under this Clause 3 shall be subject to the following prohibitions:
(a) the User must not sell, resell, rent, lease, loan, license, sub-license, gift, supply, transfer, publish, distribute or redistribute the Game;
(b) the User must not make the Game available for download or access by others;
(c) the User must not commercially exploit the Game or use the Game to provide any service (including using the Game at an internet cafe or computer gaming centre);
(d) the User must not use the Game in connection with any marketing, advertising or promotional activity;
(e) the User must not modify, alter, edit, adapt or create derivative works of the Game;
(f) the User must not decompile, de-obfuscate or reverse engineer, or attempt to decompile, de-obfuscate or reverse engineer, the Game;
(g) the User must not delete, remove, disable or circumvent any security protection measures or proprietary notices in or associated with the Game; and
(h) the User must not import or export the Game, or otherwise use the Game, in contravention of any applicable laws, save to the extent expressly permitted by this EULA or permitted by applicable law on a non-excludable basis. The prohibitions in this Clause 3.3 relating to the Game shall apply equally to the Documentation.
3.4 The User acknowledges that the use of the Game and the exercise of the rights of the User under this EULA may require the use of an activation code or key, and further that:
(a) the User shall be responsible for securely storing the activation code orkey; and
(b) the Licensor shall have no obligation to replace a lost, stolen or corrupted activation code or key.
3.5 The User acknowledges that the use of the Game is subject to the agreement of the User to the commercial and open source licences set out or referred to in Schedule 2 (Third party licences);
4. Online Services
4.1 The Game uses a peer to peer connection via steam, designed to be used in conjunction with the Online Services; and the User acknowledges that the peer to peer connection via steam will not function properly in the absence of access to the Online Services.
4.2 The User is responsible for arranging and maintaining an internet connection sufficient for access to the Online Services, and for paying all associated fees.
4.3 The Licensor shall use reasonable endeavours to maintain the availability of the Online Services during the relevant period, but does not guarantee 100% availability. In particular, the Online Services may be unavailable as a result of updates, scheduled maintenance, emergency maintenance, unanticipated resource requirements, hardware failures, software failures, service provider failures or Force Majeure Events.
4.4 The User must ensure that its use of the Online Services is not excessive (including with respect to bandwidth, processor utilisation and storage) and does not have a material negative effect upon the use of the Online Services by others.
4.5 The provisions of Clause 5 relating to the Game shall apply equally to the Online Services; and, accordingly, references in those provisions to the Game shall be interpreted to include a reference to the Online Services.
4.6 The Licensor reserves the right to refuse to renew the Online Services or, by giving at least 30 days' prior written notice to the User, to terminate the Online Services. If the Licensor terminates the Online Services during any paid-for period of subscription, the Licensor shall issue a pro rata refund of Charges paid with respect to that period of subscription to the User, the amount of such
5. Acceptable use
5.1 The User must not use the Game in any of the following ways:
(a) in any way that causes or may cause damage to the Game or to any other game, products or services of the Licensor;
(b) in any way that causes or may cause impairment of the performance, availability or accessibility of the Game or any other game, products or services of the Licensor;
(c) in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(d) to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(e) to conduct any systematic or automated data collection activities (including scraping, data mining, data extraction and data harvesting);
(f) by means of any software not authorised by the Licensor; or
(g) by any automated means.
5.2 The User must not, when using the Game:
(a) harass, antagonise, insult or ridicule any player or group of players;
(b) discriminate against any player on the basis of race, ethnicity, nationality, sex, gender, sexual orientation, religion, age, disability or any legally-protected criteria;
(c) engage in social engineering, including manipulating any player to disclose confidential or personal information;
(d) spam or flood any Game communications channels with any irrelevant, duplicate or low-quality content or messages;
(e) publicly name or otherwise reveal the identity of any other player;
(f) engage in any scamming, fraudulent conduct or deceptive conduct;
(g) abandon or exit the Game by any means other than the Game functionality where such abandonment or exit is liable to negatively affect another player's enjoyment of the Game; or
(h) otherwise take any action that is liable to negatively affect other players' enjoyment of the Game.
5.3 The User must not cheat when playing the Game or otherwise in relation to the Game.
5.4 Without prejudice to Clause 5.3, the User must not:
(a) edit Game software code or Game data held in memory;
(b) buy, sell or transfer any Game account;
(c) take unfair advantage of errors in the Game design or bugs in the Game software code to the detriment of any other player of the Game;
(d) access the Game using any other person's account or allow any other person to access the Game using the account of the User (except to the extent expressly permitted in this EULA); or
(e) use any software or software-based services to give any player an unfair advantage in the Game.
5.5 Cheat detection software may be included with or as part of the Game, and the User must not remove, disable or otherwise tamper with that cheat detection software.
5.6 If the User breaches this Clause 5, the Game's cheat-detection software determines that this Clause 5 has been breached by the User or the Licensor reasonably believes that the User has breached this Clause 5, the Licensor may:
(a) ban or block the User or suspend the User's access to the Game;
(b) edit, alter or amend the in-Game assets of the User; and/or
(c) terminate this EULA.
5.7 The User must not evade or circumvent, or attempt to evade or circumvent, any ban,
6. User Content
6.1 Nothing in this EULA shall transfer ownership of any Intellectual Property Rights in the User Content from the User to the Licensor.
6.2 The User grants to the Licensor a worldwide, non-exclusive, royalty-free and irrevocable licence to copy, store, adapt, edit, publish, unpublish, delete, translate, distribute and otherwise use the User Content for the purposes of marketing, advertising, promoting, publicising, managing, enhancing, improving and/or supplementing the Game.
6.3 The User grants to the Licensor the right to sub-license the rights licensed under Clause 6.2.
6.4 The User grants to the Licensor the right to bring an action for infringement of the rights licensed under Clause 6.2.
6.5 The User hereby waives all of the User's moral rights in the User Content to the maximum extent permitted by applicable law; and the User warrants and represents that all other moral rights in the User Content have been waived to the maximum extent permitted by applicable law.
6.6 The User must ensure that the User Content is not illegal or unlawful, does not infringe any person's legal rights, and is not capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
6.7 The User must ensure that the User Content, and its use by the Licensor in accordance with the licences set out in this EULA, does not:
(a) constitute a libel or malicious falsehood;
(b) constitute an obscenity or indecency;
(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
(d) infringe any right of confidence, right of privacy or right under data protection legislation;
(e) constitute negligent advice or contain any negligent statement;
(f) constitute in an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
(g) constitute a contempt of any court, or be in breach of any court order;
(h) breach any racial or religious hatred or discrimination legislation;
(i) breach official secrets legislation;
(j) breach any contractual obligation owed to any person;
(k) depict or promote self-harm;
(l) depict or promote violence in an explicit, graphic or gratuitous manner;
(m) depict nudity;
(n) constitute pornography, or contain lewd, suggestive or sexually explicit material;
(o) contain any untrue, false, inaccurate or misleading material;
(p) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
(q) contain any offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory material; or
(r) cause annoyance, inconvenience or needless anxiety to any person.
6.8 The User shall ensure that the User Content is appropriate for all persons who have access to or are likely to access the User Content in question.
6.9 The User shall ensure that the User Content is appropriate, civil and tasteful, and accords with generally accepted standards of etiquette and behaviour in video games published by the Licensor.
6.10 The User shall ensure that the User Content does not link to any website, web page or other resource consisting of or containing material that would, if it were User Content, breach the provisions of this EULA.
6.11 The User shall ensure that the User Content must not include any material that is or has ever been the subject of any threatened or actual legal proceedings or any similar complaint.
6.12 The User shall ensure that the User Content does not consist of or contain any legal, financial, investment, taxation, accountancy, medical or other professional advice.
6.13 The User shall ensure that the User Content does not constitute or contain spam - which for these purposes shall include all unlawful commercial communications, bulk commercial communications and unsolicited commercial communications.
7. User Creations
7.1 The provisions of this EULA relating to User Content shall not apply to User Creations, save to the extent expressly provided otherwise in this Clause 7.
7.2 Subject to Clause 16.2, the User shall retain ownership of all Intellectual Property Rights in those works and materials comprised in the User Creations to the extent that they are the original creative work of the User.
7.3 The Licensor hereby grants to the User a worldwide, non-exclusive, nontransferable licence to:
(a) during the Term only, create User Creations; and
(b) publish those User Creations by means of any reputable content distribution platform, subject to the other provisions of this EULA.
7.4 The User must not sell, resell, rent, lease, loan, license, sub-license, gift, supply, transfer, publish, distribute or redistribute the User Creations, except as expressly permitted by this EULA.
7.5 The User must not earn or seek to earn money from the User Creations and must not exploit the User Creations for any commercial purpose, providing that this shall not prevent the User from earning money from advertising published on reputable content sharing platforms or on any User website; nor shall it prevent the User from earning money from subscriptions to channels on reputable content-sharing platforms featuring User Creations.
7.6 The User must not use the User Creations in any way that is likely to have a material negative effect upon the reputation or goodwill of the Licensor or the Game.
7.7 The User must ensure that the User Creations comply with the provisions of Clause 6 as if they were User Content.
7.8 The User must incorporate and retain a copyright notice and authorship credit on each of the User Creations.
7.9 The Licensor may terminate the licences granted by the Licensor to the User and set out in this Clause 7 at any time in its sole discretion by giving to the User written notice of termination.
8. User Communications
8.1 Notwithstanding that the User Communications form part of the User Content, the User Communications shall be licensed to the Licensor in accordance with this Clause 8 rather than the licensing provisions of Clause 6.
8.2 The User grants to the Licensor a worldwide, non-exclusive, royalty-free and irrevocable licence to copy, store, translate, communicate and otherwise use the User Communications for the purposes of providing, monitoring and administering the Online Services.
8.3 The User acknowledges that the Licensor is not responsible for communications sent by other users of the Game.
9. Feedback
9.1 The User may from time to time provide Feedback to the Licensor.
9.2 The User acknowledges that:
(a) the Licensor is not obliged to take account of, implement or otherwise use any Feedback; and
(b) the Licensor will not compensate the User with respect to any Feedback, whether or not the Licensor takes account of, implements or otherwise uses that Feedback.
10. Updates
10.1 The Licensor may during the Term make available Updates to the User, butshall have no obligation to do so.
10.2 The User must, if prompted to do so by the Game or by the Licensor, apply an Update or Updates before using the Game.
10.3 If the User does not apply any Update to the Game, then the User shall cease to have any right to use the Game until such time as it does so. The User acknowledges that the Licensor may use technical measures to enforce this Clause 10.3.
10.4 The User agrees that the Licensor may automatically apply Updates to the Game.
11. Support Services
11.1 The Licensor may provide Support Services to the User, but shall have no obligation to do so.
11.2 Any Support Services shall be provided remotely and by such means as the Licensor may designate.
11.3 The User acknowledges and agrees that the Licensor gives no warranties or guarantees in relation to the outcome of the Support Services and, in particular, issues identified through the Support Services may only be resolved through the application of a future Update or, at the discretion of the Licensor, not at all.
12. Distribution Platforms
12.1 In addition to this EULA, the Distribution Platform Terms and Conditions may affect the rights, obligations and liabilities of the User in relation to the Game.
12.2 In the event of any conflict between this EULA and the Distribution Platform Terms and Conditions, the provisions of the Distribution Platform take precedence.
12.3 Those provisions of the Distribution Platform Terms and Conditions that impose obligations and/or liabilities on the User in relation to the Game excluding those relating to payments are hereby incorporated into this EULA for the benefit of the Licensor, and as such shall be enforceable by the Licensor against the User.
12.4 For the avoidance of doubt, the following matters shall be governed by the provisions of the Distribution Platform Terms and Conditions: the amounts payable by the User in respect of this EULA; the methods of payment to be used by the User; and any rights of the User to cancel this EULA and receive any refunds of amounts paid in respect of this EULA.
12.5 The User acknowledges that the operator of the Distribution Platform has rights under the Distribution Platform Terms and Conditions which may affect the exercise of the User's rights under this EULA. Subject to Clause 17.1, the Licensor will not be in breach of this EULA as a result of, and will not be liable to the User in respect of:
(a) any act or omission of the operator; or
(b) any loss or damage arising out of the operator's exercise of its rights under the Distribution Platform Terms and Conditions.
13. Intellectual Property Rights
13.1 Nothing in this EULA shall constitute an assignment or transfer of any Intellectual Property Rights of the Licensor.
13.2 Save to the extent expressly provided otherwise in this EULA, all the Intellectual Property Rights and other rights in:
(a) the Game;
(b) the works and materials comprised in the Game; and
(c) any other software or services of the Licensor, are hereby reserved to the Licensor and its licensors.
14. Warranties
14.1 If the Licensor reasonably determines, or any third party alleges, that the use of the Game by the User in accordance with this EULA infringes any person's Intellectual Property Rights, the Licensor may acting reasonably at its own cost and expense:
(a) modify the Game in such a way that it no longer infringes the relevant Intellectual Property Rights; or
(b) procure for the User the right to use the Game in accordance with this EULA.
14.2 The User warrants to the Licensor that it has the legal right and authority to enter into this EULA and to perform its obligations under this EULA.
14.3 All of the parties' warranties and representations in respect of the subject matter of this EULA are expressly set out in this EULA. To the maximum extent permitted by applicable law, no other warranties or representations concerning the subject
matter of this EULA will be implied into this EULA or any related contract.
15. Acknowledgements and warranty limitations
15.1 The User acknowledges that the use of the Game will require computer hardware and software meeting the minimum requirements specified by the Licensor. The User further acknowledges that, as the Game is updated, those requirements may change and, accordingly, the Game may cease to function on the hardware of the User.
15.2 The User acknowledges that complex software is never wholly free from defects, errors and bugs; and the Licensor gives no warranty or representation that the Game will be wholly free from defects, errors and bugs.
15.3 The User acknowledges that complex software is never entirely free from security vulnerabilities; and the Licensor gives no warranty or representation that the Game will be entirely secure.
16. User indemnity
16.1 The User shall indemnify and shall keep indemnified the Licensor against any and all liabilities, damages, losses, costs and expenses (including legal expenses and amounts reasonably paid in settlement of legal claims) suffered or incurred by the Licensor and arising directly or indirectly as a result of:
(a) the use of the Game by the User; and/or
(b) any breach by the User of this EULA.
17. Limitations and exclusions of liability
17.1 Nothing in this EULA will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law, and, if a party is a consumer, that party's statutory rights will not be excluded or limited by this EULA, except to the extent permitted by law.
17.2 The limitations and exclusions of liability set out in this Clause 17 and elsewhere in this EULA:
(a) are subject to Clause 17.1; and
(b) govern all liabilities arising under this EULA or relating to the subject matter of this EULA, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this EULA.
17.3 The Licensor will not be liable to the User in respect of any losses arising out of a Force Majeure Event.
17.4 The Licensor will not be liable to the User in respect of any business losses, including loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
17.5 The Licensor will not be liable to the User in respect of any loss or corruption of any data, database or software.
17.6 The Licensor will not be liable to the User in respect of any special, indirect or consequential loss or damage.
18. Termination
18.1 This EULA shall immediately and automatically terminate if the User commits any breach of this EULA.
19. Effects of termination
19.1 Except to the extent expressly provided otherwise in this EULA, the termination of this EULA shall not affect the accrued rights of either party.
19.2 For the avoidance of doubt, all licences granted to the User under this EULA shall terminate upon the termination of this EULA. Accordingly, the User must immediately cease to use the Game and all other works and materials licensed to the User under this EULA upon the termination of this EULA.
19.3 Within 2 days following the date of effective termination of this EULA, the User must irreversibly delete or destroy all copies of the Game and all copies of all other works and materials licensed to the User under this EULA in the possession or control of the User.
20. Equitable relief
20.1 The User acknowledges that:
(a) damages or other compensatory payments may not be an adequate remedy for a breach of this EULA by the User; and
(b) the Licensor shall be entitled to seek injunctive or other equitable relief in relation to any such breach, whether the breach is actual or threatened, without prejudice to the other rights and remedies of the Licensor.
21. General
21.1 No breach of any provision of this EULA shall be waived except with the express written consent of the party not in breach.
21.2 If any provision of this EULA is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions of this EULA will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the parties, in which case the entirety of the relevant provision will be deemed to be deleted).
21.3 The Licensor may vary this EULA by giving to the User at least 30 days' prior written notice of the variation or by updating the version of this EULA published on its website. The continued use of the Game by the User following any such variation constitutes the acceptance by the User of that variation. Subject to this, this EULA may only be varied by a written document signed by or on behalf of each of the parties.
21.4 The User hereby agrees that the Licensor may assign the Licensor's contractual rights and obligations under this EULA to any third party - providing that such action does not serve to reduce the guarantees benefiting the User under this EULA. Save to the extent expressly permitted by applicable law, the User must not without the prior written consent of the Licensor assign, transfer or otherwise deal with any of the User's contractual rights or obligations under this EULA.
21.5 This EULA is made for the benefit of the parties, and is not intended to benefit any third party or be enforceable by any third party. The rights of the parties to terminate, rescind, or agree any amendment, waiver, variation or settlement under or relating to this EULA are not subject to the consent of any third party.
21.6 Subject to Clause 16.1, this EULA shall constitute the entire agreement between the parties in relation to the subject matter of this EULA, and shall supersede all previous agreements, arrangements and understandings between the parties in respect of that subject matter.
21.7 This EULA shall be governed by and construed in accordance with English law.
21.8 Subject to any mandatory requirements of applicable law, the courts of Germany shall have exclusive jurisdiction to adjudicate any dispute arising under or in connection with this EULA.
22. Interpretation
22.1 In this EULA, a reference to a statute or statutory provision includes a reference to:
(a) that statute or statutory provision as modified, consolidated and/or reenacted from time to time; and
(b) any subordinate legislation made under that statute or statutory provision.
22.2 The Clause headings do not affect the interpretation of this EULA.
22.3 In this EULA, general words shall not be given a restrictive interpretation by reason of being preceded or followed by words indicating a particular class of acts, matters or things.
Schedule 2 (Third party licences)
Disclaimers and Limitation of Liability | "Duel Hell Purgatory"-EULA
"Duel Hell Purgatory" includes the Unreal® Engine code and other code, materials, and information (the “Epic Materials”) from Epic Games, Inc. (“Epic”). All Epic Materials are provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind. Alexander Kaube, Epic, and Epic’s affiliates disclaim all warranties, conditions, common law duties, and representations (express, implied, oral, and written) with respect to the Epic Materials, including without limitation all express, implied, and statutory warranties and conditions of any kind, such as title, non-interference with your enjoyment, authority, non-infringement, merchantability, fitness or suitability for any purpose (whether or not Epic knows or has reason to know of any such purpose), system integration, accuracy or completeness, results, reasonable care, workmanlike effort, lack of negligence, and lack of viruses, whether alleged to arise under law, by reason of custom or usage in the trade, or by course of dealing. Without limiting the generality of the foregoing, Alexander Kaube, Epic, and Epic’s affiliates make no warranty that
(1) any of the Epic Materials will operate properly, including as integrated in "Duel Hell Purgatory",
(2) that the Epic Materials will meet your requirements,
(3) that the operation of the Epic Materials will be uninterrupted, bug free, or error free in any or all circumstances,
(4) that any defects in the Epic Materials can or will be corrected,
(5) that the Epic Materials are or will be in compliance with a platform manufacturer’s rules or requirements, or
(6) that a platform manufacturer has approved or will approve "Duel Hell Purgatory", or will not revoke approval of "Duel Hell Purgatory" for any or no reason.
Any warranty against infringement that may be provided in Section 2-312 of the Uniform Commercial Code or in any other comparable statute is expressly disclaimed by Alexander Kaube and Epic. Alexander Kaube, Epic, and Epic’s affiliates do not guarantee continuous, error-free, virus-free, or secure operation of or access to the Epic Materials. This paragraph will apply to the maximum extent permitted by applicable law.
To the maximum extent permitted by applicable law, neither Alexander Kaube, Epic, Epic’s licensors, nor its or their affiliates, nor any of Alexander Kaube's or Epic’s service providers, shall be liable in any way for loss or damage of any kind resulting from the use or inability to use the Epic Materials or otherwise in connection with this "Duel Hell Purgatory"-EULA, including but not limited to loss of goodwill, work stoppage, computer failure, or malfunction, or any and all other commercial damages or losses. In no event will Alexander Kaube, Epic, Epic’s licensors, nor its or their affiliates, nor any of Alexander Kaube's or Epic’s service providers be liable for any loss of profits or any indirect, incidental, consequential, special, punitive, or exemplary damages, or any other damages arising out of or in connection with this "Duel Hell Purgatory"-EULA or the Epic Materials, or the delay or inability to use or lack of functionality of the Epic Materials, even in the event of Alexander Kaube's, Epic’s, or Epic’s affiliates’ fault, tort (including negligence), strict liability, indemnity, product liability, breach of contract, breach of warranty, or otherwise and even if Alexander Kaube, Epic or Epic’s affiliates have been advised of the possibility of such damages. These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate compensation. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Alexander Kaube, Epic, Epic’s licensors, its and their affiliates, and any of Alexander Kaube's or Epic’s service providers shall be limited to the full extent permitted by law.