| Language: |
This End User License Agreement (hereinafter referred to as “EULA”), together with our Privacy Policy, governs the use of the video game, application, software, associated upgrades, add-ons (e.g. DLCs), patches, and updates, as well as the associated services (collectively referred to as the “Product”) currently provided or to be provided by U&I Entertainment Limited or one of its subsidiaries or affiliates, including Flashpoint Germany GmbH, Sidewalk Games LLC and Sidewalk Games Ltd (collectively referred to as the “Company(ies)”) and licensed by a customer (the "Customer"), whether published directly by the Company or via a video game platform, store or system (including, for the avoidance of doubt, console, mobile and cloud-based) operated by a third-party, including without limitation the following: Nintendo Switch systems authorised by Nintendo, PlayStation systems authorised by Sony Interactive Entertainment, Xbox systems authorised by Microsoft, and the Steam platform operated by Valve (each a "Third-Party Platform"). The Companies have licensed their Products to the Third-Party Platforms, which issues sublicenses to the Customer through this EULA.
This EULA sets out the basis on which the Companies makes the Product available to the Customer and how the Customer may use it. By downloading or accessing the Products in any way (whether as part of the creation of an account or not and whether on any Company or Third-Party Platform), the Customer confirms that they are 18 years of age or over and have read and accept the terms of this EULA , or if the Customer is younger than 18, their parent or legal guardian has read and accepted the terms of this EULA. The Company may immediately terminate this EULA and stop the Customer's access to the Product if the Company is not satisfied that such acceptance by the parent or legal guardian has been given. The Customer and their parent(s) or legal guardian(s) must review the terms of this EULA together. Parents and legal guardians are responsible for the acts of children under 18 years of age when using a Product.
* BY CLICKING ON THE RELEVANT AFFIRMATIVE BUTTON (E.G. YES, ACCEPT, ETC), OR BY ACCESSING, DOWNLOADING OR INSTALLING THE PRODUCT OR OTHERWISE USING THE PRODUCT OR RELATED GAME IN ANY WAY, THE CUSTOMER AGREES TO THE TERMS OF THIS EULA (AND ALL TERMS INCORPORATED BY REFERENCE) AND ACKNOWLEDGES THAT SUCH EULA TERMS ARE LEGALLY BINDING.
* IF THE CUSTOMER DOES NOT AGREE TO THE TERMS OF THIS EULA, THE CUSTOMER SHALL CLICK THE RELEVANT NEGATIVE BUTTON (E.G. NO, REFUSE, ETC) AND/OR NOT USE THE PRODUCT IN ANY WAY. IN SUCH CIRCUMSTANCES THE COMPANY WILL NOT LICENSE THE PRODUCT TO THE CUSTOMER AND THE CUSTOMER WILL NOT BE PERMITTED TO INSTALL, DOWNLOAD, ACCESS, COPY OR USE THE PRODUCT IN ANY WAY WHATSOEVER. THE CUSTOMER'S CONTINUED USE OF THE PRODUCT IN ANY WAY (INCLUDING INSTALLATION OF THE PRODUCT), WILL INDICATE THE CUSTOMER'S ACCEPTANCE OF THE TERMS OF THIS EULA.
1. Content and Scope of the License
1.1. The Companies grant the Customer a non-exclusive, non-transferable, non-sublicensable, non-commercial, and personal license, limited in time to the term of the contract, to install and/or use the Product (hereinafter referred to as the “License”). For the avoidance of doubt, the Product may be made available to the Customer in whole or solely in parts (e.g. versions such as updates, patches, or demos where certain game modes or content is playable only) which shall be clearly set out by the Companies prior to installation/use of such Product. Under no circumstances may the Customer use the Product or this License for commercial purposes or make copies (e.g., for friends or family) without first obtaining a corresponding License from the Companies.
Please note: The Company licenses the use of the Products to the Customer on the basis of this EULA. The Company does not sell the Product to the Customer and the Company remains the owner of each Product at all times. To the extent that a Product is published via a Third-Party Platform, this EULA does not govern or change in any way the Customer's relationship with the Third-Party Platform under the Customer's applicable agreements with the Third-Party Platforms.
1.2. Certain parts of the Product may use third-party features, some of which are managed by third parties and may be subject to additional terms and conditions and/or costs. The Customer must comply with such third-parties parties' additional terms and conditions;
1.3. The Customer may not, unless expressly permitted by applicable law, either directly or indirectly (because these actions are not covered by the License):
i. sell, rent, lease, (sub)license, loan, publish, display, distribute, market, or otherwise commercially exploit the Product or parts thereof;
ii. reverse engineer, decompile, disassemble, translate, adapt, modify, merge, vary, adapt, reproduce, make alterations, combine with other programs, or create derivative works of a Product in whole or in part (unless the Product enables the Customer to create, generate, or transmit user-generated content through a specific function, for which the Customer may have to create a Customer account with the relevant Third-Party Platform and shall comply with their terms of use at all times);
iii. create, use, and/or distribute “auto,” “trainer,” “script,” or “macro” computer programs or other ‘cheat’ or “hack” programs or software applications for a Product (regardless of whether it is an online multiplayer game or a single-player game (online or offline));
iv. combine, associate, wrap-around, integrate, or align, any third-party software, components or add-on features with the Product or any part of it, in any manner whatsoever;
v. remove, alter, deactivate, or circumvent any copyright or trademark notices or other information, notices, or labels regarding authorship and origin contained on or in the Product (this applies in particular to any integrated copy protection);
vi. bypass or seek to bypass any security or technical measures (including de-obfuscating any code) relating to the Product, including by the adoption of techniques and technologies now known or hereafter developed; and
vii. export or re-export derivative products or copies thereof created in the manner described above.
1.4. All proprietary and intellectual property rights in the Product (including, but not limited to, all text, graphics, music or sounds, all messages or information, fictional characters, names, themes, objects, scenery, costumes, effects, dialogue, slogans, locations, characters, diagrams, concepts, choreography, videos, audiovisual effects, domain names, and all other elements that are part of the Product, individually or in combination) and its reproductions are the property of the Company or its licensors. The Product is protected by national and international laws, copyright treaties and conventions, and other laws. In case where there is a breach of this EULA that results in a breach of the Company's licensors' intellectual property rights, the Company's licensors shall have the right to protect their rights. Any reproduction or representation of these licensed materials in any form and for any reason is prohibited without the prior permission of the Company and, if applicable, the Company's licensors and agents. Unless expressly stated otherwise in this EULA, the Company reserves all rights not granted to the Customer herein.
1.5. Third-Party Platform Specific Terms
In addition to complying with this EULA, the Customer acknowleges and agrees to comply with the following Third-Party Platform specific terms, as applicable.
1.5.1. Nintendo
i. Use of the Product is subject to the Nintendo terms of service, available on (link), and any other Nintendo relevant policies.
ii. Online features require a Nintendo Account and may require an active Nintendo Switch Online subscription;
iii. Nintendo does not guarantee the continued availability of online services, matchmaking, leaderboards, or cloud features.
iv. Nintendo is not responsible for the content, operation, maintenance, or support of the Products.
v. Nintendo system updates may affect Product functionality.
vi. All Nintendo health and safety warnings apply.
1.5.2. PlayStation™
i. Use of the Product is subject to the PlayStation™ terms of service, available on (link), and any other Sony Interactive Entertainment/PlayStation™ relevant policies.
ii. Online features may require an account for PlayStation™ Network and PlayStation®Plus subscription.
iii. Sony Interactive Entertainment is not responsible for the Products' content, support, or maintenance.
iv. System software updates may affect functionality.
v. Sony Interactive Entertainment may collect data according to its privacy policies.
1.5.3. Xbox
i. Use of the Products is subject to the Microsoft terms of service, available on (link), and any other relevant Microsoft/Xbox policies.
ii. Online features may require an Xbox network account and subscription.
iii. Microsoft may update system software automatically.
iv. Microsoft is not responsible for the Products' content, support, or warranties.
1.5.4. Steam
Use of the Products is subject to the Steam terms of service, available on (link), and any other relevant Valve policies. Valve is not responsible for the Products' content or support.
2. DRM Software
The Product may be protected by digital rights management software (“DRM Software”). In such case, Customer hereby acknowledges, agrees, and consents to the following with respect to the DRM Software:
i. installing the Product will install the DRM Software on its console, computer or mobile device (including, in particular, feature phones, smartphones, tablet computers, and personal digital assistants) where the Customer will access the Product ("Device");
ii. the DRM Software may limit the number of installations of the Product as follows: [the Customer may only install the Product on a maximum of five (5) different Devices in a twenty-four (24) hour period];
iii. the DRM Software may install additional components on the Device that are necessary for copy protection; and
iv. during installation, and/or the first launch of the Product, an online connection may be required to activate the Product via the DRM Software.
Further information is provided to the Customer on the DRM Software website, which is displayed during the installation of the Product.
3. Need for Internet Access
3.1. Use of the Product may require an internet connection on the Device, account setup with third-party providers, including Third-Party Platforms, and the installation of additional software. Age restrictions may apply to access online services and features in accordance with local laws. For more information on youth protection, see Section 11 of this EULA.
3.2. Any connection costs (e.g., the costs of Device providers and/or network operators) are borne exclusively by the Customer. The Customer acknowledges that the quality of the Products, the response time, or access to certain functions may depend on the capabilities of the Device and the electronic communications network. The Companies cannot be held liable for reduced user comfort if this is due to the performance of the Device or the capacity of the electronic communications network.
3.3. The Customer acknowledges that the Product may not be available on all Devices or through all network operators or network service providers.
4. Payments and Subscriptions
4.1. Subject to any promotion, giveaway, offer, or partnership with a Third-Party Platform, the base version of the Products requires a one-off payment to access. Additional payments may be required to access future releases, such as paid expansion packs and paid downloadable content. The Company will announce to Customers if upcoming content requires additional payments in advance of its release.
4.2. The Products do not require a subscription (for example, where the Customer is charged a regular fee to retain access to the game), but may allow in-game transactions (beyond the one-off payment to purchase the game) for access to additional content.
4.3. Any refunds and cancellations are governed strictly in accordance with the terms of this EULA, in particular Section 6 below.
5. Limitation of Liability and Warranty
5.1. To the fullest extent permissible under applicable law, each Product is provided "as is" with all faults, without warranty, performance assurances or guarantees of any kind, either express or implied, including without limitation any implied warranties of condition, quality, satisfaction, uninterrupted use, merchantability, fitness for a particular purpose, or non-infringement. The Customer's use is at their sole risk. The Company, its licensors or Third-Party Platforms do not warrant that the Product will be error-free, or that the Product will interoperate or be compatible with any other product or that any errors in the Product will be corrected.
5.2. To the maximum extent permitted by applicable law, the Company, its licensors or Third-Party Platforms do not represent or warrant that access to the Product will be uninterrupted or that there will be no failures, errors or omissions or loss of transmitted information, or that no viruses will be transmitted on the Product. The Company, its licensors or Third-Party Platforms do not guarantee that the Customer will be able to access or use the Product at times or locations of their choosing, or that the Company, its licensors or Third-Party Platforms will have adequate capacity for the Product as a whole or in any specific geographic area. The Customer acknowledges and agrees that they will be responsible for compliance with all applicable local laws in the location they access or use the Product.
5.3. To the maximum extent permissible by law the Company's total liability, whether arising in contract, tort, strict liability or otherwise and including liability for losses, costs, expenses or damages shall not exceed (in the aggregate) an amount equivalent to the fees, whether subscription, one-off or otherwise, relating to the Game, actually paid by the Customer to the Company during the twelve (12) months prior to the date of the cause of action first arising.
5.4. The Customer acknowledges and agrees that the Product has not been developed to meet their individual requirements and that it is their responsibility to ensure that the Product meets their requirements.
5.5. Nothing in this EULA shall limit or exclude the Companies' and their Affiliates' (including its vicarious agents) liability for: (a) death or injury to life, limb, or health, (b) to intentional acts, to grossly negligent acts, (c) fraud or fraudulent misrepresentation, (d) to essential contractual obligations, or (e) any other liability that cannot be excluded or limited by law.
5.6. The Companies shall only be liable for moderate or slight negligence. The Companies' liability is limited to the purchase price of the Product or the amount that the Customer has paid in total within the last twelve (12) months prior to the damage.
5.7. Third-Party Platforms' liability
i. Nintendo shall not be liable for any claims airising from use of the Software.
ii. Sony Interactive Entertainment bears no liability for claims related to the Software.
iii. Microsoft bears no liability for claims related to the Software.
iv. Valve bears no liability.
6. Refunds
6.1. All purchases relating to the License and the Product, including virtual content, games or any other digital content or services that the Company provides are final and non-refundable except as expressly set out below and as otherwise provided under applicable law or approved by the Companies and provided that such refund is available under the applicable Third-Party Platforms terms of service.
6.2. In addition to Section 6.1, for residents in the European Union and the United Kingdom, by clicking the relevant purchase order button on the purchase interface, the Customer agrees that the Licence will be supplied and delivered to the Customer immediately before the statutory withdrawal period ends and the Customer acknowledges that they will lose the right to withdraw from the contractual purchase of the Licence once the Licence has been downloaded, streamed and/or accessed, due to the nature of the Licenses.
6.3. The Customer shall only be entitled to a refund if they reject the EULA prior to having used or accessed the Product, or at any time prior to the Company providing the Product, following its purchase by the Customer.
7. Unauthorized Chargebacks by the Customer
The Customer shall contact the relevant Company before initiating a chargeback through the contacts displayed at the end of this EULA. Unauthorized chargebacks may result in the termination and withdrawal of Licenses, and/or other collection measures.
8. Rules of Conduct
The Customer agrees to comply with the following rules of conduct governing the use of the Product (hereinafter referred to as “Rules of Conduct”).
In any case, the Customer may only use the Product in accordance with the intended use of such Product.
Without limiting the Company's rights to take action against the Customer, the Customer is prohibited, for example, from:
i. creating, using, sharing, and/or publishing materials (text, words, images, sounds, videos, etc.) in connection with the Product that infringe intellectual property rights or a person's right to privacy, or incite the commission of an illegal act (in particular piracy, cracking, or distribution of counterfeit software);
ii. modifying, distorting, blocking, abnormally overloading, disrupting, slowing down, and/or hindering the Product in whole or in part, or its accessibility to other users or the functioning of the Product's partner networks, or attempt to do so;
iii. transmitting or distributing viruses, Trojan horses, worms, bombs, corrupted files, and/or similar destructive devices or corrupted data in relation to the Product and/or organizing, participating in, or being involved in any way in attacks on the Company's or any Third-Party Platform's servers and/or the Product and/or the servers of its service providers and partners;
iv. creating, providing, or using alternative methods of using the Products, such as server emulators;
v. disrupting chats for spam purposes, whether for personal or commercial purposes, by interrupting the flow of conversation with repeated posts of a similar nature;
vi. distributing materials, content, or posts that are likely to disparage other players or even persons outside the circle of recipients of the post. This includes, in particular, formal insults, but also materials, content, or posts that:
(1) contain threats of illegal acts or threats of any other kind,
(2) contain sexually explicit content,
(3) demonstrably false factual claims,
(4) racist content or ethnic stereotypes,
(5) anti-constitutional or otherwise criminal content,
vii. using the help service or complaint buttons inappropriately or sending false reports to Company employees;
viii. falsely claiming to be an employee or representative of the Company, the Third-Party Platforms, or their partners and/or representatives and/or
ix. falsely claiming a recommendation in connection with the Product or the Company or the Third-Party Platforms.
9. Changes to this EULA and/or the Product
9.1. The Company may make changes to this EULA from time to time, for example to ensure that it remains compliant with applicable laws or to reflect any changes the Company make to its services. The updated EULA will be posted on the Company's website. The Company may also notify the Customer when the Company makes material changes to this EULA via in-game communications, email or otherwise. It is the Customer's responsibility to ensure that they check this EULA regularly for any changes before using the Products. The Customer's continued use of the Products will be deemed as acceptance of any changes the Company makes to this EULA from time to time.
9.2. The Companies may revise, update, amend, or propose a completely new EULA for security, legal, practical, or regulatory reasons. If the Companies makes a change to this EULA, the Customer will be informed of this in writing. The notification will contain the full text of the amended EULA.
9.3. The content and scope of the changes are limited to what is necessary to achieve the respective valid reason and is reasonable for the Customer, taking into account their interests. In particular, changes will not result in the removal of essential main functions that were promised at the time of conclusion of the contract or in their significant restriction without equivalent replacement.
9.4. Changes within the meaning of this Section 9 shall not result in any additional costs for the Customer.
10. Termination
10.1. Termination by the Companies
Any Company may immediately suspend, restrict or terminate the Customer's access to the Products or any part of their services and consequently suspend or terminate this EULA (and any Licenses):
i. If the Customer breaches this EULA, its Rules of Conduct or other Company's terms of service or policies;
ii. For reasons of a system failure, maintenance or repair or due to events beyond the Companies' reasonable control.
iii. If the Companies decide to withdraw the Product and/or any other part of the services from the market for any reason at their sole discretion.
10.2. The Companies will use their reasonable endeavours to give the Customer reasonable notice before terminating or deleting their access to the Products. But if the Customer has seriously breached this EULA or other Company's terms of service or policies, or the Customer has been issued with previous warnings, any Company may immediately terminate this EULA. Under such circumstances the Companies will notify the Customer in writing by email or within the Product as appropriate and the License granted in this EULA will terminate and the Customer must cease all use of the applicable Product.
11. Data Protection
Customer personal data may be processed, in accordance with the Companies' Privacy Policy. The detailed Privacy Policy is available at https://uient.com/privacy
12. Final provisions
12.1. No Waiver
The failure or delay of the Companies (or their licensors) in exercising any right or remedy under this EULA or applicable law shall not constitute a waiver of that or any other right or remedy and shall not preclude or restrict the further exercise of that or any other right or remedy. The single or partial exercise of any such right or remedy shall not preclude or limit the further exercise of that or any other right or remedy. The waiver of any right or remedy shall only be deemed to have been made when the Companies or the Customer have signed a corresponding written statement.
12.2. Applicable Law and Jurisdiction
This EULA is governed exclusively by English law, excluding the UN Convention on Contracts for the International Sale of Goods. Any dispute arising out of this EULA or in connection herewith shall be subject to the exclusive jurisdiction of the English courts, unless otherwise set out by applicable laws.
12.3. Severability
Should any provision of this EULA be or become legally invalid, this shall not affect the remaining content of the EULA. The invalid clause shall be replaced by the statutory provisions.
12.4. Company Contact Details
The contact details for the Company's Customer service department are as follows:
- Email: enquiries@uient.com
This EULA sets out the basis on which the Companies makes the Product available to the Customer and how the Customer may use it. By downloading or accessing the Products in any way (whether as part of the creation of an account or not and whether on any Company or Third-Party Platform), the Customer confirms that they are 18 years of age or over and have read and accept the terms of this EULA , or if the Customer is younger than 18, their parent or legal guardian has read and accepted the terms of this EULA. The Company may immediately terminate this EULA and stop the Customer's access to the Product if the Company is not satisfied that such acceptance by the parent or legal guardian has been given. The Customer and their parent(s) or legal guardian(s) must review the terms of this EULA together. Parents and legal guardians are responsible for the acts of children under 18 years of age when using a Product.
* BY CLICKING ON THE RELEVANT AFFIRMATIVE BUTTON (E.G. YES, ACCEPT, ETC), OR BY ACCESSING, DOWNLOADING OR INSTALLING THE PRODUCT OR OTHERWISE USING THE PRODUCT OR RELATED GAME IN ANY WAY, THE CUSTOMER AGREES TO THE TERMS OF THIS EULA (AND ALL TERMS INCORPORATED BY REFERENCE) AND ACKNOWLEDGES THAT SUCH EULA TERMS ARE LEGALLY BINDING.
* IF THE CUSTOMER DOES NOT AGREE TO THE TERMS OF THIS EULA, THE CUSTOMER SHALL CLICK THE RELEVANT NEGATIVE BUTTON (E.G. NO, REFUSE, ETC) AND/OR NOT USE THE PRODUCT IN ANY WAY. IN SUCH CIRCUMSTANCES THE COMPANY WILL NOT LICENSE THE PRODUCT TO THE CUSTOMER AND THE CUSTOMER WILL NOT BE PERMITTED TO INSTALL, DOWNLOAD, ACCESS, COPY OR USE THE PRODUCT IN ANY WAY WHATSOEVER. THE CUSTOMER'S CONTINUED USE OF THE PRODUCT IN ANY WAY (INCLUDING INSTALLATION OF THE PRODUCT), WILL INDICATE THE CUSTOMER'S ACCEPTANCE OF THE TERMS OF THIS EULA.
1. Content and Scope of the License
1.1. The Companies grant the Customer a non-exclusive, non-transferable, non-sublicensable, non-commercial, and personal license, limited in time to the term of the contract, to install and/or use the Product (hereinafter referred to as the “License”). For the avoidance of doubt, the Product may be made available to the Customer in whole or solely in parts (e.g. versions such as updates, patches, or demos where certain game modes or content is playable only) which shall be clearly set out by the Companies prior to installation/use of such Product. Under no circumstances may the Customer use the Product or this License for commercial purposes or make copies (e.g., for friends or family) without first obtaining a corresponding License from the Companies.
Please note: The Company licenses the use of the Products to the Customer on the basis of this EULA. The Company does not sell the Product to the Customer and the Company remains the owner of each Product at all times. To the extent that a Product is published via a Third-Party Platform, this EULA does not govern or change in any way the Customer's relationship with the Third-Party Platform under the Customer's applicable agreements with the Third-Party Platforms.
1.2. Certain parts of the Product may use third-party features, some of which are managed by third parties and may be subject to additional terms and conditions and/or costs. The Customer must comply with such third-parties parties' additional terms and conditions;
1.3. The Customer may not, unless expressly permitted by applicable law, either directly or indirectly (because these actions are not covered by the License):
i. sell, rent, lease, (sub)license, loan, publish, display, distribute, market, or otherwise commercially exploit the Product or parts thereof;
ii. reverse engineer, decompile, disassemble, translate, adapt, modify, merge, vary, adapt, reproduce, make alterations, combine with other programs, or create derivative works of a Product in whole or in part (unless the Product enables the Customer to create, generate, or transmit user-generated content through a specific function, for which the Customer may have to create a Customer account with the relevant Third-Party Platform and shall comply with their terms of use at all times);
iii. create, use, and/or distribute “auto,” “trainer,” “script,” or “macro” computer programs or other ‘cheat’ or “hack” programs or software applications for a Product (regardless of whether it is an online multiplayer game or a single-player game (online or offline));
iv. combine, associate, wrap-around, integrate, or align, any third-party software, components or add-on features with the Product or any part of it, in any manner whatsoever;
v. remove, alter, deactivate, or circumvent any copyright or trademark notices or other information, notices, or labels regarding authorship and origin contained on or in the Product (this applies in particular to any integrated copy protection);
vi. bypass or seek to bypass any security or technical measures (including de-obfuscating any code) relating to the Product, including by the adoption of techniques and technologies now known or hereafter developed; and
vii. export or re-export derivative products or copies thereof created in the manner described above.
1.4. All proprietary and intellectual property rights in the Product (including, but not limited to, all text, graphics, music or sounds, all messages or information, fictional characters, names, themes, objects, scenery, costumes, effects, dialogue, slogans, locations, characters, diagrams, concepts, choreography, videos, audiovisual effects, domain names, and all other elements that are part of the Product, individually or in combination) and its reproductions are the property of the Company or its licensors. The Product is protected by national and international laws, copyright treaties and conventions, and other laws. In case where there is a breach of this EULA that results in a breach of the Company's licensors' intellectual property rights, the Company's licensors shall have the right to protect their rights. Any reproduction or representation of these licensed materials in any form and for any reason is prohibited without the prior permission of the Company and, if applicable, the Company's licensors and agents. Unless expressly stated otherwise in this EULA, the Company reserves all rights not granted to the Customer herein.
1.5. Third-Party Platform Specific Terms
In addition to complying with this EULA, the Customer acknowleges and agrees to comply with the following Third-Party Platform specific terms, as applicable.
1.5.1. Nintendo
i. Use of the Product is subject to the Nintendo terms of service, available on (link), and any other Nintendo relevant policies.
ii. Online features require a Nintendo Account and may require an active Nintendo Switch Online subscription;
iii. Nintendo does not guarantee the continued availability of online services, matchmaking, leaderboards, or cloud features.
iv. Nintendo is not responsible for the content, operation, maintenance, or support of the Products.
v. Nintendo system updates may affect Product functionality.
vi. All Nintendo health and safety warnings apply.
1.5.2. PlayStation™
i. Use of the Product is subject to the PlayStation™ terms of service, available on (link), and any other Sony Interactive Entertainment/PlayStation™ relevant policies.
ii. Online features may require an account for PlayStation™ Network and PlayStation®Plus subscription.
iii. Sony Interactive Entertainment is not responsible for the Products' content, support, or maintenance.
iv. System software updates may affect functionality.
v. Sony Interactive Entertainment may collect data according to its privacy policies.
1.5.3. Xbox
i. Use of the Products is subject to the Microsoft terms of service, available on (link), and any other relevant Microsoft/Xbox policies.
ii. Online features may require an Xbox network account and subscription.
iii. Microsoft may update system software automatically.
iv. Microsoft is not responsible for the Products' content, support, or warranties.
1.5.4. Steam
Use of the Products is subject to the Steam terms of service, available on (link), and any other relevant Valve policies. Valve is not responsible for the Products' content or support.
2. DRM Software
The Product may be protected by digital rights management software (“DRM Software”). In such case, Customer hereby acknowledges, agrees, and consents to the following with respect to the DRM Software:
i. installing the Product will install the DRM Software on its console, computer or mobile device (including, in particular, feature phones, smartphones, tablet computers, and personal digital assistants) where the Customer will access the Product ("Device");
ii. the DRM Software may limit the number of installations of the Product as follows: [the Customer may only install the Product on a maximum of five (5) different Devices in a twenty-four (24) hour period];
iii. the DRM Software may install additional components on the Device that are necessary for copy protection; and
iv. during installation, and/or the first launch of the Product, an online connection may be required to activate the Product via the DRM Software.
Further information is provided to the Customer on the DRM Software website, which is displayed during the installation of the Product.
3. Need for Internet Access
3.1. Use of the Product may require an internet connection on the Device, account setup with third-party providers, including Third-Party Platforms, and the installation of additional software. Age restrictions may apply to access online services and features in accordance with local laws. For more information on youth protection, see Section 11 of this EULA.
3.2. Any connection costs (e.g., the costs of Device providers and/or network operators) are borne exclusively by the Customer. The Customer acknowledges that the quality of the Products, the response time, or access to certain functions may depend on the capabilities of the Device and the electronic communications network. The Companies cannot be held liable for reduced user comfort if this is due to the performance of the Device or the capacity of the electronic communications network.
3.3. The Customer acknowledges that the Product may not be available on all Devices or through all network operators or network service providers.
4. Payments and Subscriptions
4.1. Subject to any promotion, giveaway, offer, or partnership with a Third-Party Platform, the base version of the Products requires a one-off payment to access. Additional payments may be required to access future releases, such as paid expansion packs and paid downloadable content. The Company will announce to Customers if upcoming content requires additional payments in advance of its release.
4.2. The Products do not require a subscription (for example, where the Customer is charged a regular fee to retain access to the game), but may allow in-game transactions (beyond the one-off payment to purchase the game) for access to additional content.
4.3. Any refunds and cancellations are governed strictly in accordance with the terms of this EULA, in particular Section 6 below.
5. Limitation of Liability and Warranty
5.1. To the fullest extent permissible under applicable law, each Product is provided "as is" with all faults, without warranty, performance assurances or guarantees of any kind, either express or implied, including without limitation any implied warranties of condition, quality, satisfaction, uninterrupted use, merchantability, fitness for a particular purpose, or non-infringement. The Customer's use is at their sole risk. The Company, its licensors or Third-Party Platforms do not warrant that the Product will be error-free, or that the Product will interoperate or be compatible with any other product or that any errors in the Product will be corrected.
5.2. To the maximum extent permitted by applicable law, the Company, its licensors or Third-Party Platforms do not represent or warrant that access to the Product will be uninterrupted or that there will be no failures, errors or omissions or loss of transmitted information, or that no viruses will be transmitted on the Product. The Company, its licensors or Third-Party Platforms do not guarantee that the Customer will be able to access or use the Product at times or locations of their choosing, or that the Company, its licensors or Third-Party Platforms will have adequate capacity for the Product as a whole or in any specific geographic area. The Customer acknowledges and agrees that they will be responsible for compliance with all applicable local laws in the location they access or use the Product.
5.3. To the maximum extent permissible by law the Company's total liability, whether arising in contract, tort, strict liability or otherwise and including liability for losses, costs, expenses or damages shall not exceed (in the aggregate) an amount equivalent to the fees, whether subscription, one-off or otherwise, relating to the Game, actually paid by the Customer to the Company during the twelve (12) months prior to the date of the cause of action first arising.
5.4. The Customer acknowledges and agrees that the Product has not been developed to meet their individual requirements and that it is their responsibility to ensure that the Product meets their requirements.
5.5. Nothing in this EULA shall limit or exclude the Companies' and their Affiliates' (including its vicarious agents) liability for: (a) death or injury to life, limb, or health, (b) to intentional acts, to grossly negligent acts, (c) fraud or fraudulent misrepresentation, (d) to essential contractual obligations, or (e) any other liability that cannot be excluded or limited by law.
5.6. The Companies shall only be liable for moderate or slight negligence. The Companies' liability is limited to the purchase price of the Product or the amount that the Customer has paid in total within the last twelve (12) months prior to the damage.
5.7. Third-Party Platforms' liability
i. Nintendo shall not be liable for any claims airising from use of the Software.
ii. Sony Interactive Entertainment bears no liability for claims related to the Software.
iii. Microsoft bears no liability for claims related to the Software.
iv. Valve bears no liability.
6. Refunds
6.1. All purchases relating to the License and the Product, including virtual content, games or any other digital content or services that the Company provides are final and non-refundable except as expressly set out below and as otherwise provided under applicable law or approved by the Companies and provided that such refund is available under the applicable Third-Party Platforms terms of service.
6.2. In addition to Section 6.1, for residents in the European Union and the United Kingdom, by clicking the relevant purchase order button on the purchase interface, the Customer agrees that the Licence will be supplied and delivered to the Customer immediately before the statutory withdrawal period ends and the Customer acknowledges that they will lose the right to withdraw from the contractual purchase of the Licence once the Licence has been downloaded, streamed and/or accessed, due to the nature of the Licenses.
6.3. The Customer shall only be entitled to a refund if they reject the EULA prior to having used or accessed the Product, or at any time prior to the Company providing the Product, following its purchase by the Customer.
7. Unauthorized Chargebacks by the Customer
The Customer shall contact the relevant Company before initiating a chargeback through the contacts displayed at the end of this EULA. Unauthorized chargebacks may result in the termination and withdrawal of Licenses, and/or other collection measures.
8. Rules of Conduct
The Customer agrees to comply with the following rules of conduct governing the use of the Product (hereinafter referred to as “Rules of Conduct”).
In any case, the Customer may only use the Product in accordance with the intended use of such Product.
Without limiting the Company's rights to take action against the Customer, the Customer is prohibited, for example, from:
i. creating, using, sharing, and/or publishing materials (text, words, images, sounds, videos, etc.) in connection with the Product that infringe intellectual property rights or a person's right to privacy, or incite the commission of an illegal act (in particular piracy, cracking, or distribution of counterfeit software);
ii. modifying, distorting, blocking, abnormally overloading, disrupting, slowing down, and/or hindering the Product in whole or in part, or its accessibility to other users or the functioning of the Product's partner networks, or attempt to do so;
iii. transmitting or distributing viruses, Trojan horses, worms, bombs, corrupted files, and/or similar destructive devices or corrupted data in relation to the Product and/or organizing, participating in, or being involved in any way in attacks on the Company's or any Third-Party Platform's servers and/or the Product and/or the servers of its service providers and partners;
iv. creating, providing, or using alternative methods of using the Products, such as server emulators;
v. disrupting chats for spam purposes, whether for personal or commercial purposes, by interrupting the flow of conversation with repeated posts of a similar nature;
vi. distributing materials, content, or posts that are likely to disparage other players or even persons outside the circle of recipients of the post. This includes, in particular, formal insults, but also materials, content, or posts that:
(1) contain threats of illegal acts or threats of any other kind,
(2) contain sexually explicit content,
(3) demonstrably false factual claims,
(4) racist content or ethnic stereotypes,
(5) anti-constitutional or otherwise criminal content,
vii. using the help service or complaint buttons inappropriately or sending false reports to Company employees;
viii. falsely claiming to be an employee or representative of the Company, the Third-Party Platforms, or their partners and/or representatives and/or
ix. falsely claiming a recommendation in connection with the Product or the Company or the Third-Party Platforms.
9. Changes to this EULA and/or the Product
9.1. The Company may make changes to this EULA from time to time, for example to ensure that it remains compliant with applicable laws or to reflect any changes the Company make to its services. The updated EULA will be posted on the Company's website. The Company may also notify the Customer when the Company makes material changes to this EULA via in-game communications, email or otherwise. It is the Customer's responsibility to ensure that they check this EULA regularly for any changes before using the Products. The Customer's continued use of the Products will be deemed as acceptance of any changes the Company makes to this EULA from time to time.
9.2. The Companies may revise, update, amend, or propose a completely new EULA for security, legal, practical, or regulatory reasons. If the Companies makes a change to this EULA, the Customer will be informed of this in writing. The notification will contain the full text of the amended EULA.
9.3. The content and scope of the changes are limited to what is necessary to achieve the respective valid reason and is reasonable for the Customer, taking into account their interests. In particular, changes will not result in the removal of essential main functions that were promised at the time of conclusion of the contract or in their significant restriction without equivalent replacement.
9.4. Changes within the meaning of this Section 9 shall not result in any additional costs for the Customer.
10. Termination
10.1. Termination by the Companies
Any Company may immediately suspend, restrict or terminate the Customer's access to the Products or any part of their services and consequently suspend or terminate this EULA (and any Licenses):
i. If the Customer breaches this EULA, its Rules of Conduct or other Company's terms of service or policies;
ii. For reasons of a system failure, maintenance or repair or due to events beyond the Companies' reasonable control.
iii. If the Companies decide to withdraw the Product and/or any other part of the services from the market for any reason at their sole discretion.
10.2. The Companies will use their reasonable endeavours to give the Customer reasonable notice before terminating or deleting their access to the Products. But if the Customer has seriously breached this EULA or other Company's terms of service or policies, or the Customer has been issued with previous warnings, any Company may immediately terminate this EULA. Under such circumstances the Companies will notify the Customer in writing by email or within the Product as appropriate and the License granted in this EULA will terminate and the Customer must cease all use of the applicable Product.
11. Data Protection
Customer personal data may be processed, in accordance with the Companies' Privacy Policy. The detailed Privacy Policy is available at https://uient.com/privacy
12. Final provisions
12.1. No Waiver
The failure or delay of the Companies (or their licensors) in exercising any right or remedy under this EULA or applicable law shall not constitute a waiver of that or any other right or remedy and shall not preclude or restrict the further exercise of that or any other right or remedy. The single or partial exercise of any such right or remedy shall not preclude or limit the further exercise of that or any other right or remedy. The waiver of any right or remedy shall only be deemed to have been made when the Companies or the Customer have signed a corresponding written statement.
12.2. Applicable Law and Jurisdiction
This EULA is governed exclusively by English law, excluding the UN Convention on Contracts for the International Sale of Goods. Any dispute arising out of this EULA or in connection herewith shall be subject to the exclusive jurisdiction of the English courts, unless otherwise set out by applicable laws.
12.3. Severability
Should any provision of this EULA be or become legally invalid, this shall not affect the remaining content of the EULA. The invalid clause shall be replaced by the statutory provisions.
12.4. Company Contact Details
The contact details for the Company's Customer service department are as follows:
- Email: enquiries@uient.com