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END USER LICENSE AGREEMENT (EULA)
IMPORTANT – READ CAREFULLY BEFORE ACCESSING OR USING THIS GAME
By installing, accessing, copying, and/or otherwise using this interactive entertainment software (the “Game”), you agree to be bound by the terms of this EULA.
This EULA constitutes a legal agreement between you and Sold Out Sales & Marketing Limited Trading as ‘Fireshine Games’ (registered in England and Wales with company no. 6989121, residing at 3 Dorset Rise, London, EC4Y 8EN), acting as the Publisher, and Evil Raptor (registered in France with company no. 889 749 271), acting as the Developer and Intellectual Property owner of the Game (collectively referred to as "we", "us", or "our").
If you do not agree to the terms of this agreement, you are not authorized to use the Game and must not install or play it.
1. Digital Copy
- If you agree to the terms set out in this agreement, select “ACCEPT” to confirm your acceptance of these terms and your understanding of the conditions of use.
- If you do not agree, select “DECLINE”. A license will not be granted to you, and you will not be able to play the Game.
2. Activation Keys
If your copy of the Game requires an activation key or registration code to be installed, activated, or played, you are responsible for keeping it safe. We will not replace lost, stolen, or damaged keys. Furthermore, we do not guarantee, support, or replace keys purchased from unauthorized third-party sellers or unofficial platforms. No refunds or replacement copies will be provided in any of these cases.
3. License
- Protection & Ownership: The Game is protected by European Union copyright laws, English copyright laws, and international treaties. Whether you purchase it digitally or on a physical medium, you are buying a license to play the Game, not ownership of the software itself.
- Your License: We grant you a personal, limited, non-exclusive right to install and play the Game.
- Physical Copies: If you purchase a physical copy of the Game, you may permanently transfer it to another person. To do so, you must give them the original physical medium and all packaging, and permanently delete all installations of the Game from your devices. However, if your physical copy requires a one-time activation key that ties the Game to a digital account (such as Steam), the license becomes permanently tied to that account upon activation and cannot be transferred or resold.
- Digital Copies: If you purchase the Game digitally, your license is tied to your account. It cannot be transferred or resold to another person unless explicitly permitted by the rules of the digital store where you purchased it (such as the Steam Subscriber Agreement).
4. Ownership
Evil Raptor owns all intellectual property rights to the Game and all of its content (including but not limited to the code, art, music, story, and characters), and Fireshine Games is the authorized publisher. By purchasing or accessing the Game, you receive a limited license to play it as permitted in this EULA, but you do not gain any ownership rights over the Game itself or its assets.
5. Restrictions
By playing the Game, you agree that you will not:
- Distribute or Sell: Copy, sell, rent, lease, or distribute the Game (or any part of it) to others.
- Commercial Use: Use the Game for any commercial purposes (such as cyber cafes, esports events, or public gaming centers) without our explicit written permission.
- Tamper & Reverse Engineer: Modify, decompile, disassemble, or reverse engineer the Game, except to the extent that your local laws explicitly allow it.
- Bypass Security: Remove, disable, or bypass any security features or technical protections designed to prevent piracy or unauthorized access.
- Create Emulators: Create private servers, emulators, or any software that mimics the Game’s data or functionality.
- Violate Export Laws: Export or re-export the Game in violation of any applicable laws.
Broadcasting & Content Creation: You are welcome to create, upload, and stream videos of the Game on platforms like Twitch and YouTube. You may monetize these videos through partner programs (such as ad revenue or subscriptions), provided the content is freely accessible to the public and does not include illegal or offensive material. You may only share our Game content which has been officially released to the public, or from promotional materials officially released (such as product trailers). Publishing pre-release, testing (such as closed betas), and/or leaked footage/images is strictly prohibited. Furthermore, please do not share footage/images of the Game where cheating or hacking is used, such cases are strictly prohibited. Modifying your copy of the Game may result in unexpected performance and prohibit you from sufficient product support. If you want to use the intellectual property of a third party (e.g. music) together with our Game, you are responsible for obtaining any necessary third-party permissions. Please note that some game soundtracks or songs in our games may not be owned by us, but instead are licensed from an artist. Please be aware that music may trigger content flags and potential removal of the video.
6. Multiplayer & Player Data
Accessing the game's multiplayer features ("Online Features") requires an internet connection. To protect the cooperative experience and ensure no one ruins the progression or enjoyment of others, we may revoke your online access if you engage in, or assist others with, the following:
- Cheats, Hacks, and Unauthorized Software: Creating, using, advertising, or distributing any unauthorized programs, code, or bug exploits that modify the Game, artificially alter progression, or disrupt the intended multiplayer experience for other players.
Anti-Cheat System, IP Address & Privacy: To protect the community's experience, the Game utilizes anti-cheat software. By playing, you agree that while the Game is running, this system may periodically scan your computer's active processes solely to detect the unauthorized modifications mentioned above. This scan is strictly limited to preventing these disruptions: no data from these local computer scans is stored, and the system does not access, read, collect, or monitor any personal files or data on your device. However, please note that we do collect and store your IP address. This is done strictly for anti-cheat enforcement, security, and moderation purposes (such as issuing bans). Your IP address will never be used for commercial or marketing purposes, nor shared for such intents.
Crash Reports: We respect your privacy and do not track your general gameplay telemetry. However, if the Game crashes, it may generate and send a crash report to help us find and fix the bug. These technical reports contain system data related to the crash but do not include your personal files and are never used for marketing purposes.
7. Updates
From time to time, Evil Raptor and Fireshine Games may provide updates, patches, and other modifications to the Game that must be installed for you to continue playing properly or at all. We may update, patch, or modify the Game remotely, and you hereby grant us the right to deploy and apply such updates. All provisions of this EULA that refer to the "Game" also include these patches and updates.
8. Exclusions and Limitations
- Game Performance: We work hard to provide a great experience, but like any software, we cannot guarantee the Game will be 100% bug-free, run without interruptions, or work on all devices. Please check the minimum technical requirements before purchasing.
- Liability: To the maximum extent permitted by law, Evil Raptor and Fireshine Games are not liable for indirect damages (such as data loss, computer failure, or loss of income) resulting from your use or inability to use the Game. Our maximum liability to you is limited to the amount you actually paid for the Game.
- Exceptions: We do not exclude or limit our liability for fraud, gross negligence, personal injury, or any other liability that cannot be legally excluded.
9. Termination
- Duration: This EULA is effective until terminated. You may terminate it at any time by uninstalling and deleting the Game from your devices.
- Breach of Terms: If you fail to comply with any terms of this EULA, your license will automatically terminate. In this event, you must immediately stop using the Game and delete all copies from your devices.
- Survival: The sections regarding Ownership, Exclusions and Limitations, Injunction, Indemnity, and any other clauses that by their nature should survive, will remain in effect even after this EULA is terminated.
10. Injunction
You acknowledge that a breach of this EULA may cause irreparable harm to Evil Raptor and Fireshine Games, for which monetary damages would not be an adequate remedy. Accordingly, in addition to any other legal remedies available, we reserve the right to seek immediate injunctive relief (a court order to stop the breach) without the need to post a bond or prove actual financial damages.
11. Indemnity
You are responsible for any direct damages, costs, or expenses incurred by Evil Raptor or Fireshine Games as a result of your deliberate breach of this EULA or any illegal conduct while using the Game (for example, distributing illegal content or engaging in unauthorized hacking).
12. Governing Law and Jurisdiction
- Governing Law: This EULA is governed by and construed in accordance with the laws of England and Wales.
- Jurisdiction: Any dispute or claim arising out of or in connection with this EULA shall be subject to the non-exclusive jurisdiction of the English courts. However, if you are a consumer residing in the European Union or another jurisdiction with mandatory consumer protection laws, you retain the right to bring legal proceedings in the courts of your country of residence and benefit from the mandatory consumer protections of your local law.
- Severability: If any part of this EULA is found to be invalid or unenforceable by a court, the rest of the EULA will remain in full force and effect.
If you have any questions concerning this EULA, you may contact Sold Out at:
Second Floor
3 Dorset Rise
London
EC4Y 8EN
+44 (0)207 8718282
Company number: 06989121