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End-User License Agreement (Alpha)
This End-User License Agreement (the “EULA”) govern Your use of Dungeons of Havoc (the “Game”, including all Intellectual Property therein) from Stone Hammer Games Inc. (“SHG”).
In this EULA, the terms “You” or “Your” refer to the end-user who downloaded, installed or played the Game.
BY ACCESSING OR USING THE GAME, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL TERMS OF THE EULA. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THE TERMS, DO NOT DOWNLOAD, INSTALL, USE OR PLAY THE GAME.
THE GAME IS PROVIDED FOR ALPHA USE AND THERE ARE NO REPRESENTATIONS, WARRANTIES, OR CONDITIONS, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, REGARDING ANY MATTER, INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY OR FITNESS FOR A PARTICULAR PURPOSE IN RESPECT OF THE GAME.
USE OF THE GAME IS ENTIRELY AT YOUR OWN RISK.
1 Use of the Game
1.1 SHG authorizes You to download, install and play the Game on a single device for personal use on a Alpha test basis, using on the operating system applicable to the downloaded version of the Game, without any further right to commercialize or exploit the Game, and for no other purposes.
1.2 As a condition of Your use of the Game, You agree to the following restrictions on use.
(a) You must not use the Game for any illegal or unauthorized purpose, and you must comply with all laws, rules and regulations applicable to your use of the Game, including any age restrictions.
(b) You must not interfere with or disrupt the service provided by the Game or the servers or networks connected to the Game (the “SHG Network”) by any means including by overburdening the Game, or by transmitting viruses, malware, worms, spyware or any other code of a destructive or disruptive nature.
(c) You are fully responsible for using or ensuring that your use of the Game is in compliance with the EULA.
1.3 You must immediately notify SHG if any provision of this EULA has been or may have been contravened.
2 Prohibitions/Exceptions
2.1 Except to the limited extent set forth herein, You shall not, and shall permit anyone using Your version of the Game to:
(a) sell, rent, lease, sublicence, transfer, distribute or otherwise make the Game available to others;
(b) translate, recreate, reverse engineer, decompile or disassemble the Game;
(c) create derivative works based upon the Game; or
(d) alter, destroy or otherwise remove any proprietary notices or labels on or embedded within the Game.
2.2 Mods created by You will be at your risk and subject to the indemnities set forth in this EULA. In particular, you acknowledge and agree that:
(a) Mods of the Game may only be created by You for personal use or research purposes, and shall be considered deriviative works, the Intellectual Property right in which shall be owned by SHG;
(b) SHG shall have no liability for Your Mods of the Game, and will be indemnified by You for any infringements arising out of Your Mods of the Game;
(c) You may not use any trademarks or other Intellectual Property in Your Mods without a written license from the owner of such Intellectual Property, and you represent and warrant that you will obtain any such consents required prior to creating a Mod;
(d) Mods are for Your personal use only, and may not be distributed or used commercially without a separate written agreement with SHG; and
(e) Any Mods which infringe on SHG’s or any third party Intellectual Property right shall be delivered up or destroyed by You immediately upon request from SHG.
2.3 Streaming, clipping or recording of Your play of the Game is at Your risk, and is not licensed or permitted unless:
(a) Streams, clips or recordings of the game play of the Game do not misrepresent the Game or SHG; Misrepresentation includes, but is not limited to, providing false or misleading information about the Game’s mechanics, features, or content in a manner that may harm SHG’s reputation or mislead viewers.
(b) ownership of the Game is attributed to SHG; and
(c) you agree to take down any such streams, clips or recordings of the Game immediately upon request of SHG.
3 Privacy & Confidentiality
3.1 The Protection of Your personal information and respecting Your privacy is an important matter. The purpose of the Game is predominantly your personal enjoyment. Unless accessing the SHG Network to play the Game, and except for such limited information as is collected during downloading of the Game, the Alpha version of the Game will not collect, use or disclose any of your personal information. SHG will use commercially reasonable efforts to protect the personal information in the Game using the measures used to protect the other data in the Game. SHG shall adhere to applicable laws regarding privacy and the protection of personal information, and shall maintain appropriate administrative, technical and physical measures to safeguard and secure any of Your personal information which you provide.
3.2 SHG makes no representations about the collection, use or disclosure of any personal information collected by third party sites or platforms with make the Game available for download, including Steam, Google Play or the App Store.
4 Intellectual Property
4.1 For the purposes of the EULA, “Intellectual Property” means
(a) any and all proprietary rights anywhere in the world provided under: (i) patent law; (ii) copyright law (including moral rights); (iii) trade-mark law; (iv) design patent or industrial design law; (v) semi-conductor chip or mask work or integrated circuit topography law; or (vi) any other statutory provision or common law principle applicable to this Agreement, including trade secret law, which may provide a right in the Game, the software embodying the Game, the game play, documentation, confidential information, tradearks, ideas, formulae, algorithms, concepts, inventions, processes or know-how generally, or the expression or use of any of the foregoing;
(b) any and all applications, registrations, licenses, sub-licenses, franchises, agreements or any other evidence of a right in any of the foregoing; and
(c) all licenses and waivers and benefits of waivers of the intellectual property rights set out in (a) and (b) above, all future income and proceeds from the intellectual property rights set out in (a) and (b) above, and all rights to damages and profits by reason of the infringement or violation of any of the intellectual property rights set out in (a) and (b) above.
(d) all logos, names, code, artwork, dialogue/lore, music, sound effects, game play, 3rd-party assets in the game
4.2 SHG, and its third-party licensors, retains all Intellectual Property rights in the Game.
4.3 All Intellectual Property rights in any derivative works, in game content, feedback, suggestions, or other user generated content created using the Game shall be owned by SHG and SHG may use, modify, display, or distribute content without accounting to You. You waive all moral rights in or to any such content.
5 Disclaimer, Limitation of Liability
You understand, acknowledge and agree that:
5.1 The Game is provided “as-is”, in Alpha, without any representations or warranties of any kind, including fitness for purpose or merchantable quality, and as such, SHG cannot, and does not, guarantee or ensure the accuracy, completeness, or interoperability of the Game, or that use of the Game may not negatively impact devices on which the Game is downloaded, installed or played.
5.2 SHG cannot, and does not, guarantee nor ensure the accuracy, completeness, nor authenticity of the Game's contents, Game functionality, or operability of the Game on any computer system operating system or platform.
5.3 Neither SHG, nor any of its affiliated companies, nor any other person associated with the creation, distribution or use of the Game, shall be liable or responsible to any person for any harm, loss or damage whatsoever that may arise in any connection with Your use of the Game.
5.4 SHG will not be liable for any direct damages in relation to the Game, except for any acts or omissions of SHG that result from gross negligence or willful misconduct; and SHG shall not be liable for any indirect, incidental, or consequential damages, including, but not limited to, data loss, equipment damage, or revenue loss, even if it has been advised in advance of the possibility of such loss regardless of cause.
5.5 You waive all rights that You may have to hold SHG responsible in connection with Your use of the Game(s).
5.6 You acknowledge that complete privacy, confidentiality and security may not yet be possible for communication through the Game and/or email or by other electronic means. As such, Your privacy and confidentiality cannot be guaranteed.
5.7 These limitations of liability are fair and reasonable, and that SHG would not have permitted access to or use of the Game by You if not for Your agreement with the liability limitations and disclaimers set out herein.
6 Indemnity
You agree to defend, indemnify, and hold harmless SHG from any claims, losses, damages, costs of expenses (including accounting or legal costs to defend or settle any claim, using professional advisors chosen by SHG) arising from breach of the EULA, misuse of the Game or the creation of Mods or streaming, clipping or recording of the Game which infringes third party Intellectual Property.
7 Amendment
7.1 SHG may, at any time, and with or without notice to You:
(a) amend the content of the Game and any or all of the products and/or services provided through the Game; and
(b) amend the EULA, by posting the amended EULA in the Game, on the SHG website, or through the platform where You downloaded the Game. By accessing or using the Game after the posting of changes to the EULA, You agree to be bound by such amended EULA.
7.2 In particular, SHG reserves the right to modify the terms of this agreement as necessary to comply with any updates or changes made by the platform distributing the Game (eg Steam, Google Play, App Store, etc) to their respective policies
(a) Users will be deemed to be notified of these changes through the platform they purchased the game from upon SHG uploaded the new EULA to such platform.
(b) Continued use of the Game after such changes implies acceptance of the new EULA.
8 Third Party Platforms
8.1 Your download of the Game may also be subject to policies inherent in the platform (Stream, Google Play, App Store, etc.) from which you obtained the Game. You and SHG both agree to be bound by the most recent version of any such policies, including the Refund and Return Policy. To the extent of any conflict between the policies of such platform and this EULA, this EULA shall apply.
8.2 Steamworks Features:
(a) The Game may integrate with the Steamworks SDK, from Valve Corporation, to provide platform-specific features such as achievements. By using these features, you agree to comply with Valve Corporation’s terms of service and any related policies applicable to Steam.
(b) SHG is not responsible for any issues, data discrepancies, or achievement-related bugs that arise from the use of Steam or the use of the Game in connection with Steam.
(c) Your use of these features is subject to the terms and policies set forth by Valve Corporation, and any data or achievements related to these features are managed through Steam.
8.3 Age Restrictions: The Game may be subject to age restrictions based on its content. You represent that you are age of majority in your jurisdiction and that you are responsible for ensuring compliance with any applicable age requirements and local regulations when accessing the Game outside of Canada.
9 General
9.1 The EULA shall be governed by and construed in accordance with the laws of the Province of Newfoundland and Labrador and the federal laws of Canada applicable therein, without giving effect to any principles of conflicts of law.
9.2 Any provision of the EULA found to be unlawful, void, or for any reason unenforceable, shall be deemed severable from the rest of the terms of the EULA without invalidating the remaining provisions of the EULA.
9.3 Any failure to strictly enforce any provision of the EULA will not be deemed to be a waiver of any provision of the EULA.
9.4 If you have any questions about the EULA or the Game, please contact [stonehammergames@mail.com] by email or the Discord server https://discord.gg/ZkNfv8nDPK .
This End-User License Agreement (the “EULA”) govern Your use of Dungeons of Havoc (the “Game”, including all Intellectual Property therein) from Stone Hammer Games Inc. (“SHG”).
In this EULA, the terms “You” or “Your” refer to the end-user who downloaded, installed or played the Game.
BY ACCESSING OR USING THE GAME, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL TERMS OF THE EULA. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THE TERMS, DO NOT DOWNLOAD, INSTALL, USE OR PLAY THE GAME.
THE GAME IS PROVIDED FOR ALPHA USE AND THERE ARE NO REPRESENTATIONS, WARRANTIES, OR CONDITIONS, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, REGARDING ANY MATTER, INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY OR FITNESS FOR A PARTICULAR PURPOSE IN RESPECT OF THE GAME.
USE OF THE GAME IS ENTIRELY AT YOUR OWN RISK.
1 Use of the Game
1.1 SHG authorizes You to download, install and play the Game on a single device for personal use on a Alpha test basis, using on the operating system applicable to the downloaded version of the Game, without any further right to commercialize or exploit the Game, and for no other purposes.
1.2 As a condition of Your use of the Game, You agree to the following restrictions on use.
(a) You must not use the Game for any illegal or unauthorized purpose, and you must comply with all laws, rules and regulations applicable to your use of the Game, including any age restrictions.
(b) You must not interfere with or disrupt the service provided by the Game or the servers or networks connected to the Game (the “SHG Network”) by any means including by overburdening the Game, or by transmitting viruses, malware, worms, spyware or any other code of a destructive or disruptive nature.
(c) You are fully responsible for using or ensuring that your use of the Game is in compliance with the EULA.
1.3 You must immediately notify SHG if any provision of this EULA has been or may have been contravened.
2 Prohibitions/Exceptions
2.1 Except to the limited extent set forth herein, You shall not, and shall permit anyone using Your version of the Game to:
(a) sell, rent, lease, sublicence, transfer, distribute or otherwise make the Game available to others;
(b) translate, recreate, reverse engineer, decompile or disassemble the Game;
(c) create derivative works based upon the Game; or
(d) alter, destroy or otherwise remove any proprietary notices or labels on or embedded within the Game.
2.2 Mods created by You will be at your risk and subject to the indemnities set forth in this EULA. In particular, you acknowledge and agree that:
(a) Mods of the Game may only be created by You for personal use or research purposes, and shall be considered deriviative works, the Intellectual Property right in which shall be owned by SHG;
(b) SHG shall have no liability for Your Mods of the Game, and will be indemnified by You for any infringements arising out of Your Mods of the Game;
(c) You may not use any trademarks or other Intellectual Property in Your Mods without a written license from the owner of such Intellectual Property, and you represent and warrant that you will obtain any such consents required prior to creating a Mod;
(d) Mods are for Your personal use only, and may not be distributed or used commercially without a separate written agreement with SHG; and
(e) Any Mods which infringe on SHG’s or any third party Intellectual Property right shall be delivered up or destroyed by You immediately upon request from SHG.
2.3 Streaming, clipping or recording of Your play of the Game is at Your risk, and is not licensed or permitted unless:
(a) Streams, clips or recordings of the game play of the Game do not misrepresent the Game or SHG; Misrepresentation includes, but is not limited to, providing false or misleading information about the Game’s mechanics, features, or content in a manner that may harm SHG’s reputation or mislead viewers.
(b) ownership of the Game is attributed to SHG; and
(c) you agree to take down any such streams, clips or recordings of the Game immediately upon request of SHG.
3 Privacy & Confidentiality
3.1 The Protection of Your personal information and respecting Your privacy is an important matter. The purpose of the Game is predominantly your personal enjoyment. Unless accessing the SHG Network to play the Game, and except for such limited information as is collected during downloading of the Game, the Alpha version of the Game will not collect, use or disclose any of your personal information. SHG will use commercially reasonable efforts to protect the personal information in the Game using the measures used to protect the other data in the Game. SHG shall adhere to applicable laws regarding privacy and the protection of personal information, and shall maintain appropriate administrative, technical and physical measures to safeguard and secure any of Your personal information which you provide.
3.2 SHG makes no representations about the collection, use or disclosure of any personal information collected by third party sites or platforms with make the Game available for download, including Steam, Google Play or the App Store.
4 Intellectual Property
4.1 For the purposes of the EULA, “Intellectual Property” means
(a) any and all proprietary rights anywhere in the world provided under: (i) patent law; (ii) copyright law (including moral rights); (iii) trade-mark law; (iv) design patent or industrial design law; (v) semi-conductor chip or mask work or integrated circuit topography law; or (vi) any other statutory provision or common law principle applicable to this Agreement, including trade secret law, which may provide a right in the Game, the software embodying the Game, the game play, documentation, confidential information, tradearks, ideas, formulae, algorithms, concepts, inventions, processes or know-how generally, or the expression or use of any of the foregoing;
(b) any and all applications, registrations, licenses, sub-licenses, franchises, agreements or any other evidence of a right in any of the foregoing; and
(c) all licenses and waivers and benefits of waivers of the intellectual property rights set out in (a) and (b) above, all future income and proceeds from the intellectual property rights set out in (a) and (b) above, and all rights to damages and profits by reason of the infringement or violation of any of the intellectual property rights set out in (a) and (b) above.
(d) all logos, names, code, artwork, dialogue/lore, music, sound effects, game play, 3rd-party assets in the game
4.2 SHG, and its third-party licensors, retains all Intellectual Property rights in the Game.
4.3 All Intellectual Property rights in any derivative works, in game content, feedback, suggestions, or other user generated content created using the Game shall be owned by SHG and SHG may use, modify, display, or distribute content without accounting to You. You waive all moral rights in or to any such content.
5 Disclaimer, Limitation of Liability
You understand, acknowledge and agree that:
5.1 The Game is provided “as-is”, in Alpha, without any representations or warranties of any kind, including fitness for purpose or merchantable quality, and as such, SHG cannot, and does not, guarantee or ensure the accuracy, completeness, or interoperability of the Game, or that use of the Game may not negatively impact devices on which the Game is downloaded, installed or played.
5.2 SHG cannot, and does not, guarantee nor ensure the accuracy, completeness, nor authenticity of the Game's contents, Game functionality, or operability of the Game on any computer system operating system or platform.
5.3 Neither SHG, nor any of its affiliated companies, nor any other person associated with the creation, distribution or use of the Game, shall be liable or responsible to any person for any harm, loss or damage whatsoever that may arise in any connection with Your use of the Game.
5.4 SHG will not be liable for any direct damages in relation to the Game, except for any acts or omissions of SHG that result from gross negligence or willful misconduct; and SHG shall not be liable for any indirect, incidental, or consequential damages, including, but not limited to, data loss, equipment damage, or revenue loss, even if it has been advised in advance of the possibility of such loss regardless of cause.
5.5 You waive all rights that You may have to hold SHG responsible in connection with Your use of the Game(s).
5.6 You acknowledge that complete privacy, confidentiality and security may not yet be possible for communication through the Game and/or email or by other electronic means. As such, Your privacy and confidentiality cannot be guaranteed.
5.7 These limitations of liability are fair and reasonable, and that SHG would not have permitted access to or use of the Game by You if not for Your agreement with the liability limitations and disclaimers set out herein.
6 Indemnity
You agree to defend, indemnify, and hold harmless SHG from any claims, losses, damages, costs of expenses (including accounting or legal costs to defend or settle any claim, using professional advisors chosen by SHG) arising from breach of the EULA, misuse of the Game or the creation of Mods or streaming, clipping or recording of the Game which infringes third party Intellectual Property.
7 Amendment
7.1 SHG may, at any time, and with or without notice to You:
(a) amend the content of the Game and any or all of the products and/or services provided through the Game; and
(b) amend the EULA, by posting the amended EULA in the Game, on the SHG website, or through the platform where You downloaded the Game. By accessing or using the Game after the posting of changes to the EULA, You agree to be bound by such amended EULA.
7.2 In particular, SHG reserves the right to modify the terms of this agreement as necessary to comply with any updates or changes made by the platform distributing the Game (eg Steam, Google Play, App Store, etc) to their respective policies
(a) Users will be deemed to be notified of these changes through the platform they purchased the game from upon SHG uploaded the new EULA to such platform.
(b) Continued use of the Game after such changes implies acceptance of the new EULA.
8 Third Party Platforms
8.1 Your download of the Game may also be subject to policies inherent in the platform (Stream, Google Play, App Store, etc.) from which you obtained the Game. You and SHG both agree to be bound by the most recent version of any such policies, including the Refund and Return Policy. To the extent of any conflict between the policies of such platform and this EULA, this EULA shall apply.
8.2 Steamworks Features:
(a) The Game may integrate with the Steamworks SDK, from Valve Corporation, to provide platform-specific features such as achievements. By using these features, you agree to comply with Valve Corporation’s terms of service and any related policies applicable to Steam.
(b) SHG is not responsible for any issues, data discrepancies, or achievement-related bugs that arise from the use of Steam or the use of the Game in connection with Steam.
(c) Your use of these features is subject to the terms and policies set forth by Valve Corporation, and any data or achievements related to these features are managed through Steam.
8.3 Age Restrictions: The Game may be subject to age restrictions based on its content. You represent that you are age of majority in your jurisdiction and that you are responsible for ensuring compliance with any applicable age requirements and local regulations when accessing the Game outside of Canada.
9 General
9.1 The EULA shall be governed by and construed in accordance with the laws of the Province of Newfoundland and Labrador and the federal laws of Canada applicable therein, without giving effect to any principles of conflicts of law.
9.2 Any provision of the EULA found to be unlawful, void, or for any reason unenforceable, shall be deemed severable from the rest of the terms of the EULA without invalidating the remaining provisions of the EULA.
9.3 Any failure to strictly enforce any provision of the EULA will not be deemed to be a waiver of any provision of the EULA.
9.4 If you have any questions about the EULA or the Game, please contact [stonehammergames@mail.com] by email or the Discord server https://discord.gg/ZkNfv8nDPK .