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Last Updated: 30/12/2024
This End User License Agreement ("Agreement") is a legally binding contract between you
("End User" or "You") and HeliQuackter Studios ("HeliQuackter Studios," "We," or "Us") for
the use of the video game titled "Rest Here" ("Game"). By installing, copying, or otherwise
using the Game, you agree to be bound by the terms of this Agreement.
1. Grant of License
1.1 HeliQuackter Studios grants you a limited, non-exclusive, non-transferable, revocable
license to download, install, and use the Game solely for your personal, non-commercial
use.
1.2 This license does not grant you ownership of the Game, its code, or any associated
intellectual property. All rights not expressly granted are reserved by HeliQuackter Studios.
2. Restrictions
2.1 Prohibited Activities: You may not:
• Modify, adapt, or create derivative works based on the Game.
• Reverse engineer, decompile, or disassemble the Game, except to the extent
permitted by law.
• Rent, lease, sublicense, distribute, or transfer the Game or any copies thereof.
• Use the Game for any commercial purpose, including but not limited to public display,
performance, or competitions without prior written consent from HeliQuackter
Studios.
• Exploit any bugs, cheats, or loopholes in the Game for your or others' benefit.
2.2 Termination of License: Any breach of this Agreement will result in the immediate
termination of your license to use the Game. Upon termination, you must uninstall and delete
all copies of the Game in your possession.
3. Ownership
3.1 The Game and all associated content, including but not limited to artwork, music, sound
effects, code, and trademarks, are the exclusive property of HeliQuackter Studios or its
licensors. You acknowledge and agree that no ownership rights are transferred to you under
this Agreement.
3.2 Any feedback, suggestions, or ideas provided by you regarding the Game become the
sole property of HeliQuackter Studios, and HeliQuackter Studios may use them without
restriction or obligation.
4. Updates and Modifications
4.1 HeliQuackter Studios reserves the right to update, modify, or discontinue the Game at
any time, with or without notice. You agree that HeliQuackter Studios has no obligation to
provide support, maintenance, or updates for the Game.
4.2 Updates may modify or delete certain features or functionalities. You agree that
HeliQuackter Studios is not liable for any changes or loss of access to features resulting
from updates.
5. Disclaimers and Limitation of Liability
5.1 Disclaimer of Warranties: Unless otherwise explicitly agreed to in writing by
HeliQuackter Studios, HeliQuackter Studios makes no other warranties, express or implied,
in fact or in law, including, but not limited to, any implied warranties of merchantability or
fitness for a particular purpose other than as set forth in this Agreement or in the limited
warranty documents provided with the Game.
5.2 HeliQuackter Studios makes no warranty that the Game will meet your requirements or
operate under your specific conditions of use. HeliQuackter Studios makes no warranty that
operation of the Game will be secure, error-free, or free from interruption. YOU MUST
DETERMINE WHETHER THE GAME SUFFICIENTLY MEETS YOUR REQUIREMENTS
FOR SECURITY AND UNINTERRUPTABILITY. YOU BEAR SOLE RESPONSIBILITY AND
ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF THE GAME TO MEET
YOUR REQUIREMENTS. HELIQUACKTER STUDIOS WILL NOT, UNDER ANY
CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR THE LOSS OF DATA ON ANY
COMPUTER OR INFORMATION STORAGE DEVICE.
5.3 Limitation of Liability: Under no circumstances shall HeliQuackter Studios, its
directors, officers, employees, or agents be liable to you or any other party for indirect,
consequential, special, incidental, punitive, or exemplary damages of any kind (including lost
revenues or profits or loss of business) resulting from this Agreement, or from the furnishing,
performance, installation, or use of the Game, whether due to a breach of contract, breach of
warranty, or the negligence of HeliQuackter Studios or any other party, even if HeliQuackter
Studios is advised beforehand of the possibility of such damages. To the extent that the
applicable jurisdiction limits HeliQuackter Studios' ability to disclaim any implied warranties,
this disclaimer shall be effective to the maximum extent permitted.
6. Limitation of Remedies and Damages
6.1 Your remedy for a breach of this Agreement or of any warranty included in this
Agreement is the correction or replacement of the Game. Selection of whether to correct or
replace shall be solely at the discretion of HeliQuackter Studios. HeliQuackter Studios
reserves the right to substitute a functionally equivalent copy of the Game as a replacement.
If HeliQuackter Studios is unable to provide a replacement or substitute Game or corrections
to the Game, your sole alternate remedy shall be a refund of the purchase price for the
Game exclusive of any costs for shipping and handling.
7. Governing Law and Dispute Resolution
7.1 This Agreement shall be governed by and construed in accordance with the laws of
Western Australia.
7.2 Any disputes arising under or in connection with this Agreement shall be resolved
exclusively through binding arbitration conducted in Western Australia, except where
prohibited by law.
8. Miscellaneous
8.1 Severability: If any provision of this Agreement is found to be unenforceable, the
remaining provisions will remain in full force and effect.
8.2 Entire Agreement: This Agreement constitutes the entire agreement between you and
HeliQuackter Studios regarding the Game and supersedes any prior agreements or
understandings.
8.3 Amendments: HeliQuackter Studios reserves the right to amend this Agreement at any
time. Continued use of the Game following any amendments constitutes your acceptance of
the revised Agreement.
9. Contact Information
If you have any questions about this Agreement, you may contact us at
heliquackter@outlook.com
By installing or using the Game, you acknowledge that you have read, understood, and
agreed to this End User License Agreement. If you do not agree to these terms, do not install
or use the Game.
This End User License Agreement ("Agreement") is a legally binding contract between you
("End User" or "You") and HeliQuackter Studios ("HeliQuackter Studios," "We," or "Us") for
the use of the video game titled "Rest Here" ("Game"). By installing, copying, or otherwise
using the Game, you agree to be bound by the terms of this Agreement.
1. Grant of License
1.1 HeliQuackter Studios grants you a limited, non-exclusive, non-transferable, revocable
license to download, install, and use the Game solely for your personal, non-commercial
use.
1.2 This license does not grant you ownership of the Game, its code, or any associated
intellectual property. All rights not expressly granted are reserved by HeliQuackter Studios.
2. Restrictions
2.1 Prohibited Activities: You may not:
• Modify, adapt, or create derivative works based on the Game.
• Reverse engineer, decompile, or disassemble the Game, except to the extent
permitted by law.
• Rent, lease, sublicense, distribute, or transfer the Game or any copies thereof.
• Use the Game for any commercial purpose, including but not limited to public display,
performance, or competitions without prior written consent from HeliQuackter
Studios.
• Exploit any bugs, cheats, or loopholes in the Game for your or others' benefit.
2.2 Termination of License: Any breach of this Agreement will result in the immediate
termination of your license to use the Game. Upon termination, you must uninstall and delete
all copies of the Game in your possession.
3. Ownership
3.1 The Game and all associated content, including but not limited to artwork, music, sound
effects, code, and trademarks, are the exclusive property of HeliQuackter Studios or its
licensors. You acknowledge and agree that no ownership rights are transferred to you under
this Agreement.
3.2 Any feedback, suggestions, or ideas provided by you regarding the Game become the
sole property of HeliQuackter Studios, and HeliQuackter Studios may use them without
restriction or obligation.
4. Updates and Modifications
4.1 HeliQuackter Studios reserves the right to update, modify, or discontinue the Game at
any time, with or without notice. You agree that HeliQuackter Studios has no obligation to
provide support, maintenance, or updates for the Game.
4.2 Updates may modify or delete certain features or functionalities. You agree that
HeliQuackter Studios is not liable for any changes or loss of access to features resulting
from updates.
5. Disclaimers and Limitation of Liability
5.1 Disclaimer of Warranties: Unless otherwise explicitly agreed to in writing by
HeliQuackter Studios, HeliQuackter Studios makes no other warranties, express or implied,
in fact or in law, including, but not limited to, any implied warranties of merchantability or
fitness for a particular purpose other than as set forth in this Agreement or in the limited
warranty documents provided with the Game.
5.2 HeliQuackter Studios makes no warranty that the Game will meet your requirements or
operate under your specific conditions of use. HeliQuackter Studios makes no warranty that
operation of the Game will be secure, error-free, or free from interruption. YOU MUST
DETERMINE WHETHER THE GAME SUFFICIENTLY MEETS YOUR REQUIREMENTS
FOR SECURITY AND UNINTERRUPTABILITY. YOU BEAR SOLE RESPONSIBILITY AND
ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF THE GAME TO MEET
YOUR REQUIREMENTS. HELIQUACKTER STUDIOS WILL NOT, UNDER ANY
CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR THE LOSS OF DATA ON ANY
COMPUTER OR INFORMATION STORAGE DEVICE.
5.3 Limitation of Liability: Under no circumstances shall HeliQuackter Studios, its
directors, officers, employees, or agents be liable to you or any other party for indirect,
consequential, special, incidental, punitive, or exemplary damages of any kind (including lost
revenues or profits or loss of business) resulting from this Agreement, or from the furnishing,
performance, installation, or use of the Game, whether due to a breach of contract, breach of
warranty, or the negligence of HeliQuackter Studios or any other party, even if HeliQuackter
Studios is advised beforehand of the possibility of such damages. To the extent that the
applicable jurisdiction limits HeliQuackter Studios' ability to disclaim any implied warranties,
this disclaimer shall be effective to the maximum extent permitted.
6. Limitation of Remedies and Damages
6.1 Your remedy for a breach of this Agreement or of any warranty included in this
Agreement is the correction or replacement of the Game. Selection of whether to correct or
replace shall be solely at the discretion of HeliQuackter Studios. HeliQuackter Studios
reserves the right to substitute a functionally equivalent copy of the Game as a replacement.
If HeliQuackter Studios is unable to provide a replacement or substitute Game or corrections
to the Game, your sole alternate remedy shall be a refund of the purchase price for the
Game exclusive of any costs for shipping and handling.
7. Governing Law and Dispute Resolution
7.1 This Agreement shall be governed by and construed in accordance with the laws of
Western Australia.
7.2 Any disputes arising under or in connection with this Agreement shall be resolved
exclusively through binding arbitration conducted in Western Australia, except where
prohibited by law.
8. Miscellaneous
8.1 Severability: If any provision of this Agreement is found to be unenforceable, the
remaining provisions will remain in full force and effect.
8.2 Entire Agreement: This Agreement constitutes the entire agreement between you and
HeliQuackter Studios regarding the Game and supersedes any prior agreements or
understandings.
8.3 Amendments: HeliQuackter Studios reserves the right to amend this Agreement at any
time. Continued use of the Game following any amendments constitutes your acceptance of
the revised Agreement.
9. Contact Information
If you have any questions about this Agreement, you may contact us at
heliquackter@outlook.com
By installing or using the Game, you acknowledge that you have read, understood, and
agreed to this End User License Agreement. If you do not agree to these terms, do not install
or use the Game.