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[size=6]END USER LICENSE AGREEMENT[/size]
[size=5]Canvas of Thoughts[/size]

Effective Date: Dec 31, 1969 @ 4:00pm[/i]

BY INSTALLING, DOWNLOADING, COPYING OR OTHERWISE USING THE PRODUCT, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, DO NOT INSTALL, DOWNLOAD, COPY OR USE THE PRODUCT.

[size=4]1. Parties and Definitions[/size]

1.1 This EULA is a legally binding agreement between you ("You" and "Your" mean the party purchasing a license to use the Licensed Software under the terms of this agreement.), and Bandaloop Games GmbH, a company registered under the laws of Austria ("Bandaloop", "we", "our", or "us").

1.2 "Game" means the software application titled Canvas of Thoughts, including all associated content, media, documentation, updates, patches, and downloadable content (DLC) provided by Bandaloop.

1.3 "Platform" means the digital distribution platform through which you acquired the Game, including but not limited to Valve Corporation's Steam and the Microsoft Store (Xbox).

[size=4]2. Grant of License[/size]

2.1 Subject to your compliance with this EULA, Bandaloop grants you a limited, non-exclusive, non-transferable, revocable license to install and use the Game for your personal, non-commercial entertainment purposes on devices and platforms where you have lawfully purchased the Game.

2.2 This license does not constitute a sale of the Game or any copy thereof. All rights not expressly granted in this EULA are reserved by Bandaloop.

2.3 The Game may be subject to additional terms imposed by the Platform through which you acquired it.

[size=4]3. Restrictions[/size]

Unless expressly permitted by applicable law (including Directive 2009/24/EC on the legal protection of computer programs), you shall not:

(a) copy, reproduce, distribute, publicly display, or create derivative works of the Game or any portion thereof,

(b) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Game, except where such action is expressly permitted under EU Directive 2009/24/EC (Articles 5 and 6) for interoperability purposes,

(c) modify, adapt, translate, or create derivative works based on the Game,

(d) rent, lease, lend, sublicense, or transfer the Game or your rights under this EULA to any third party,

(e) remove, alter, or obscure any proprietary notices, labels, or marks on the Game,

(g) use mechanisms, software, programs or other routines that could disrupt our systems. You may not adopt any measures that could lead to an unreasonable overload of the systems. You are not permitted to use special software, for the systematic or automatic control of the Game or special game features (Bots, Macros), for the reproduction or evaluation of the Game,

(h) exploit bugs or faults in the Games' programming and during gameplay that could represent an advantage for you for personal or third-party purposes. If you discover any bugs, you should notify us immediately.

[size=4]4. Intellectual Property[/size]

4.1 The Game, including but not limited to its code, graphics, artwork, music, text, narrative content, characters, and design, is the intellectual property of Bandaloop Games GmbH and is protected by Austrian and European Union copyright law, international copyright treaties, and other applicable intellectual property laws.

4.2 All trademarks, service marks, trade names, and logos contained in the Game are the property of Bandaloop or its licensors.

4.3 Nothing in this EULA shall be construed as transferring any intellectual property rights to you.

[size=4]5. Updates, Patches, and Modifications[/size]

5.1 Bandaloop may, at its sole discretion, release updates, patches, or modifications to the Game. Such updates may be required to continue using the Game and may be installed automatically through the applicable Platform.

5.2 This EULA applies to all updates, patches, and modifications unless a separate license agreement is provided with such update.

[size=4]6. Data Protection and Privacy[/size]

6.1 Bandaloop respects your privacy and is committed to protecting your personal data in accordance with the General Data Protection Regulation (EU) 2016/679 ("GDPR") and applicable national data protection legislation.

6.2 The Game itself does not independently collect, store, or process personal data beyond what is handled by the Platform (Steam or Microsoft Store/Xbox). Any personal data collected through these Platforms is governed by their respective privacy policies.

6.3 If Bandaloop introduces any feature in the future that collects personal data, users will be informed in advance and asked for their explicit consent where required by the GDPR.

6.4 Information regarding the type, scope, place and purpose of collecting, processing and use of the personal data required for the fulfillment of this EULA as well as your rights under data protection law can be found in our Privacy Policy. (https://www.bandaloop.at/privacy-policy/).

[size=4]7. Consumer Rights and Statutory Warranty[/size]

7.1 Under EU Directive 2019/770 on digital content and digital services, Bandaloop warrants that the Game shall conform to the description provided at the time of purchase and be fit for the purposes for which digital content of the same type would normally be used. This statutory warranty period is at least two (2) years from the date of supply.

7.3 Nothing in this EULA shall affect your rights under the EU Consumer Rights Directive (2011/83/EU), including the right of withdrawal where applicable.

[size=4]8. Limitation of Liability[/size]

8.1 To the maximum extent permitted by applicable law, and without prejudice to your statutory rights as a consumer:

(a) Bandaloop shall not be liable for any indirect, incidental, consequential, special, or punitive damages arising out of or related to your use of the Game,

(b) Bandaloop's total aggregate liability under this EULA shall not exceed the amount you paid for the Game.

8.2 Nothing in this EULA excludes or limits Bandaloop's liability for (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; or (c) any other liability that cannot be excluded or limited under applicable EU or national law.

[size=4]9. Age Requirements[/size]

9.1 The Game is intended for users aged 12 and above. If you are under the age of 16 (or such other age as required by applicable law in your jurisdiction for the valid conclusion of contracts), you must have the consent of a parent or legal guardian to agree to this EULA.

[size=4]10. Term and Termination[/size]

10.1 This EULA is effective from the date you first install or use the Game and remains in effect until terminated.

10.2 You may terminate this EULA at any time by uninstalling the Game and destroying all copies in your possession.

10.3 Bandaloop may terminate this EULA immediately if you breach any of its terms. Upon termination, all rights granted to you under this EULA will cease, and you must uninstall the Game and destroy all copies.

10.4 Termination of this EULA does not affect any rights or remedies that may have accrued prior to termination.

[size=4]11. Third-Party Services and Platforms[/size]

11.1 The Game is distributed through third-party Platforms, including Steam (operated by Valve Corporation) and the Microsoft Store/Xbox (operated by Microsoft Corporation). Your use of these Platforms is subject to their respective terms of service and privacy policies.

11.2 Bandaloop is not responsible for the availability, functionality, or policies of third-party Platforms.

11.3 The Game integrates Steamworks technology by Valve Corporation for certain features (including but not limited to achievements, cloud saves and overlay functionality). Use of these features is subject to Steam's Subscriber Agreement.

[size=4]12. Dispute Resolution[/size]

12.1 In the event of any dispute arising out of or in connection with this EULA, the parties shall first attempt to resolve the dispute amicably through good faith negotiation.

12.2 In accordance with Regulation (EU) No 524/2013, consumers resident in the EU may submit complaints to the European Commission's Online Dispute Resolution (ODR) platform at: https://ec.europa.eu/consumers/odr

[size=4]13. Governing Law and Jurisdiction[/size]

13.1 This EULA shall be governed by and construed in accordance with the laws of the Republic of Austria, without regard to its conflict of law provisions.

13.2 For consumers residing in the European Union, this choice of law shall not deprive you of the protection afforded to you by mandatory provisions of the law of your country of habitual residence, in accordance with Article 6(2) of Regulation (EC) No 593/2008 (Rome I).

13.3 Any legal proceedings shall be subject to the exclusive jurisdiction of the competent courts in Vienna, Austria, except where EU consumer protection law grants you the right to bring proceedings in the courts of your country of habitual residence.

[size=4]14. General Provisions[/size]

14.1 Severability. If any provision of this EULA is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

14.2 Entire Agreement. This EULA constitutes the entire agreement between you and Bandaloop with respect to the Game and supersedes all prior agreements, understandings, and communications.

14.3 Waiver. The failure of Bandaloop to enforce any right or provision of this EULA shall not constitute a waiver of such right or provision.

14.4 Assignment. Bandaloop may assign its rights and obligations under this EULA to a third party. You may not assign your rights without Bandaloop's prior written consent.

14.5 Amendments. Bandaloop reserves the right to modify this EULA at any time. Material changes will be communicated to you through the Platform or other reasonable means. Continued use of the Game after such notification constitutes acceptance of the modified terms.

14.6 Language. This EULA may be made available in multiple languages. In the event of any discrepancy between language versions, the English version shall prevail.

[size=4]15. Contact Information[/size]

For questions, concerns, or complaints regarding this EULA, please contact:

Bandaloop Games GmbH
Argentinierstrasse 39/3
Vienna 1040, Austria
Email: http://mailto:office@bandaloop.at
Website: https://www.bandaloop.at/studio/

By installing or using Canvas of Thoughts, you acknowledge that you have read, understood, and agree to be bound by this EULA.

© 2024 Bandaloop Games GmbH. All rights reserved.