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End User Licence Agreement (EULA)
IMPORTANT: PLEASE READ THIS END USER LICENCE AGREEMENT CAREFULLY BEFORE USING THE SOFTWARE.
This End User Licence Agreement (“Agreement”) is a legal agreement between you (“User” or “you”) and Berenott Digital, the developers of PhotoBricks.
By downloading from an app store and installing the PhotoBricks (the “Software”), you agree to be bound by the terms and conditions of this Agreement. If you do not agree to these terms, do not install or use the Software.
1. Definitions
1.1 “Documentation” means the user guides, manuals, help files, and other documentation for the Software, whether in printed or electronic form.
1.2 “Licence” means the licence granted to you under clause 2 of this Agreement.
1.3 “Software” means the PhotoBricks application in object code form, including any Updates provided under this Agreement.
1.4 “Updates” means updates, patches, bug fixes, and error corrections to the Software.
1.5 “User Content” means any content, data, text, images, or other materials that you create, upload, submit, or transmit through the Software.
2. Licence grant
2.1 Subject to your compliance with the terms of this Agreement, the Licensor grants to you a non-exclusive, non-transferable, non-sublicensable, revocable licence to:
(a) download from Steam, and use the Software through the Steam Client on any unlimited number of devices owned or controlled by you, solely for your personal or internal business purposes; and
(b) use the Documentation in support of your permitted use of the Software; and
(c) make a reasonable number of back-up copies of the Software, provided that such copies are used only for back-up purposes.
2.2 The Licence is granted for a perpetual period, unless terminated earlier in accordance with this Agreement.
2.3 The Licence is conditional upon payment of the applicable licence fee.
3. Licence restrictions
3.1 You shall not, except as expressly permitted by this Agreement or by applicable law:
(a) copy or reproduce the Software, except as expressly permitted under clause 2;
(b) modify, adapt, translate, or create derivative works based on the Software or the Documentation;
(c) reverse engineer, disassemble, decompile, or otherwise attempt to derive the source code of the Software, except to the extent that such activity is expressly permitted by applicable law;
(d) rent, lease, lend, sell, sublicence, assign, distribute, publish, transfer, or otherwise make available the Software or any features thereof to any third party;
(e) remove, alter, or obscure any proprietary notices, labels, or marks on the Software or Documentation;
(f) use the Software for the purpose of building a competitive product or service, or for benchmarking or competitive analysis;
(g) use the Software in any way that violates any applicable law or regulation;
(h) use the Software to transmit any virus, worm, trojan horse, or other malicious code.
4. Intellectual property rights
4.1 The Software and the Documentation are protected by copyright laws and international treaties, as well as other intellectual property laws.
4.2 The Licensor (or its licensors) shall at all times retain ownership of the Software, the Documentation, and all intellectual property rights therein, including copyright, patent rights, trade mark rights, design rights, database rights, and trade secret rights.
4.3 The Licence does not grant you any rights to use the Licensor’s name, logo, or trade marks.
4.4 You acknowledge that the Software is licensed, not sold, and that this Agreement does not transfer any title or ownership interest in the Software to you.
4.5 The photographic content provided with the game remains the property of its creator who retains all commercial and property rights. But posting exported 'Reveal' videos online is fine.
5. Updates
5.1 The Licensor may, at its sole discretion, provide Updates to the Software from time to time. Such Updates shall be deemed part of the Software and subject to the terms of this Agreement.
5.2 You acknowledge that Updates may be downloaded and installed automatically. You consent to such automatic updating.
5.3 The Licensor is under no obligation to provide any Updates to the Software.
6. User content
6.1 You retain ownership of any intellectual property rights that you hold in your User Content.
6.2 The Software processes User Content locally on your device. The Licensor does not receive, access, or store your User Content. You grant the Licensor only those rights in your User Content that are strictly necessary for the Software to operate on your device.
6.3 You represent and warrant that: (a) you own or have the necessary rights to submit your User Content; and (b) your User Content does not infringe any third-party intellectual property rights or violate any applicable law.
6.4 The Licensor reserves the right to remove any User Content that, in its sole discretion, violates this Agreement or is otherwise objectionable.
6.5 The Licensor is not responsible for any User Content submitted by users of the Software.
Note: All user content remains on the user's device(s) and is not shared, transmitted or made available to the developers, the publisher or other software users by the software.
7. Disclaimer of warranties
7.1 The Software is provided “as is” and “as available” without warranty of any kind, whether express, implied, statutory, or otherwise.
7.2 To the maximum extent permitted by applicable law, the Licensor disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
7.3 The Licensor does not warrant that the Software will be uninterrupted, error-free, secure, or free from viruses or other harmful components, or that defects will be corrected.
7.4 Nothing in this clause shall affect your statutory rights as a consumer under the Consumer Rights Act 2015 or other applicable consumer protection legislation.
8. Limitation of liability
8.1 Nothing in this Agreement shall limit or exclude the Licensor’s liability for: (a) death or personal injury caused by its negligence; (b) fraud or fraudulent misrepresentation; or (c) any other liability which cannot be limited or excluded by applicable law.
8.2 Subject to clause 8.1, the Licensor shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any: (a) loss of profits; (b) loss of sales or business; (c) loss of data or corruption of data; (d) loss of goodwill; (e) loss of anticipated savings; or (f) any indirect or consequential loss, arising under or in connection with this Agreement.
8.3 Subject to clause 8.1, the Licensor’s total aggregate liability to you in respect of all claims arising under or in connection with this Agreement shall not exceed the total licence fees paid by you to the Licensor in the twelve (12) months preceding the event giving rise to the claim.
9. Indemnification
9.1 You agree to indemnify, defend, and hold harmless the Licensor and its officers, directors, employees, and agents from and against any and all claims, demands, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or in connection with: (a) your use of the Software in breach of this Agreement; (b) your violation of any applicable law or regulation; or (c) your violation of any third-party right, including any intellectual property right or right of privacy.
10. Term and termination
10.1 This Agreement is effective from the date you first install the Software and shall continue for the Licence Term unless terminated earlier in accordance with this clause.
10.2 The Licensor may terminate this Agreement immediately by giving written notice to you if you commit a material breach of this Agreement which (if capable of remedy) is not remedied within fourteen (14) days of receiving written notice requiring it to be remedied.
10.3 You may terminate this Agreement at any time by uninstalling the Software and destroying all copies in your possession or control.
10.4 The Licensor may terminate this Agreement immediately if the Licensor ceases to make the Software available.
11. Effects of termination
11.1 Upon termination of this Agreement for any reason:
(a) all rights and licences granted to you under this Agreement shall immediately cease;
(b) you must immediately cease all use of the Software;
(c) you must delete or destroy all copies of the Software in your possession or control, including all back-up copies; and
(d) any provision of this Agreement that expressly or by implication is intended to survive termination shall remain in full force and effect.
11.2 Termination of this Agreement shall not affect any rights, remedies, obligations, or liabilities that have accrued up to the date of termination.
12. Children and minors
12.1 The Software is available to users under the age of 13 only with the verifiable consent of a parent or legal guardian.
12.2 The Licensor complies with the United States Children’s Online Privacy Protection Act (COPPA) and the UK Information Commissioner’s Office (ICO) Age Appropriate Design Code. If you are a parent or guardian and believe that your child has provided personal information without your consent, please contact us via game's support page on Steam.
12.3 The parent or legal guardian of a minor user agrees to be bound by this Agreement on behalf of the minor and to be responsible for the minor’s use of the Software.
13. Export compliance
13.1 The Software may be subject to export control laws and regulations. You agree that you shall not export, re-export, or transfer the Software in violation of any applicable export control laws or regulations.
13.2 You represent and warrant that you are not located in, or a national or resident of, any country that is subject to applicable government embargo, and that you are not listed on any government list of prohibited or restricted parties.
14. General provisions
14.1 Entire agreement: This Agreement constitutes the entire agreement between you and the Licensor in relation to the Software and supersedes all previous agreements and understandings.
14.2 Variation: The Licensor reserves the right to modify this Agreement at any time. Any modifications shall be effective upon posting of the modified Agreement. Your continued use of the Software after such modifications constitutes your acceptance of the modified terms.
14.3 Severability: If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
14.4 Waiver: No failure or delay by the Licensor in exercising any right or remedy under this Agreement shall constitute a waiver of that right or remedy.
14.5 Assignment: You may not assign or transfer this Agreement without the prior written consent of the Licensor. The Licensor may assign or transfer this Agreement without your consent.
14.6 Third party rights: A person who is not a party to this Agreement shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement.
15. Governing law and jurisdiction
15.1 This Agreement and any dispute or claim arising out of or in connection with it shall be governed by and construed in accordance with the law of England and Wales.
15.2 Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement.
16. Contact
16.1 If you have any questions about this Agreement, please contact us via the game's Steam discussion forum.
IMPORTANT: PLEASE READ THIS END USER LICENCE AGREEMENT CAREFULLY BEFORE USING THE SOFTWARE.
This End User Licence Agreement (“Agreement”) is a legal agreement between you (“User” or “you”) and Berenott Digital, the developers of PhotoBricks.
By downloading from an app store and installing the PhotoBricks (the “Software”), you agree to be bound by the terms and conditions of this Agreement. If you do not agree to these terms, do not install or use the Software.
1. Definitions
1.1 “Documentation” means the user guides, manuals, help files, and other documentation for the Software, whether in printed or electronic form.
1.2 “Licence” means the licence granted to you under clause 2 of this Agreement.
1.3 “Software” means the PhotoBricks application in object code form, including any Updates provided under this Agreement.
1.4 “Updates” means updates, patches, bug fixes, and error corrections to the Software.
1.5 “User Content” means any content, data, text, images, or other materials that you create, upload, submit, or transmit through the Software.
2. Licence grant
2.1 Subject to your compliance with the terms of this Agreement, the Licensor grants to you a non-exclusive, non-transferable, non-sublicensable, revocable licence to:
(a) download from Steam, and use the Software through the Steam Client on any unlimited number of devices owned or controlled by you, solely for your personal or internal business purposes; and
(b) use the Documentation in support of your permitted use of the Software; and
(c) make a reasonable number of back-up copies of the Software, provided that such copies are used only for back-up purposes.
2.2 The Licence is granted for a perpetual period, unless terminated earlier in accordance with this Agreement.
2.3 The Licence is conditional upon payment of the applicable licence fee.
3. Licence restrictions
3.1 You shall not, except as expressly permitted by this Agreement or by applicable law:
(a) copy or reproduce the Software, except as expressly permitted under clause 2;
(b) modify, adapt, translate, or create derivative works based on the Software or the Documentation;
(c) reverse engineer, disassemble, decompile, or otherwise attempt to derive the source code of the Software, except to the extent that such activity is expressly permitted by applicable law;
(d) rent, lease, lend, sell, sublicence, assign, distribute, publish, transfer, or otherwise make available the Software or any features thereof to any third party;
(e) remove, alter, or obscure any proprietary notices, labels, or marks on the Software or Documentation;
(f) use the Software for the purpose of building a competitive product or service, or for benchmarking or competitive analysis;
(g) use the Software in any way that violates any applicable law or regulation;
(h) use the Software to transmit any virus, worm, trojan horse, or other malicious code.
4. Intellectual property rights
4.1 The Software and the Documentation are protected by copyright laws and international treaties, as well as other intellectual property laws.
4.2 The Licensor (or its licensors) shall at all times retain ownership of the Software, the Documentation, and all intellectual property rights therein, including copyright, patent rights, trade mark rights, design rights, database rights, and trade secret rights.
4.3 The Licence does not grant you any rights to use the Licensor’s name, logo, or trade marks.
4.4 You acknowledge that the Software is licensed, not sold, and that this Agreement does not transfer any title or ownership interest in the Software to you.
4.5 The photographic content provided with the game remains the property of its creator who retains all commercial and property rights. But posting exported 'Reveal' videos online is fine.
5. Updates
5.1 The Licensor may, at its sole discretion, provide Updates to the Software from time to time. Such Updates shall be deemed part of the Software and subject to the terms of this Agreement.
5.2 You acknowledge that Updates may be downloaded and installed automatically. You consent to such automatic updating.
5.3 The Licensor is under no obligation to provide any Updates to the Software.
6. User content
6.1 You retain ownership of any intellectual property rights that you hold in your User Content.
6.2 The Software processes User Content locally on your device. The Licensor does not receive, access, or store your User Content. You grant the Licensor only those rights in your User Content that are strictly necessary for the Software to operate on your device.
6.3 You represent and warrant that: (a) you own or have the necessary rights to submit your User Content; and (b) your User Content does not infringe any third-party intellectual property rights or violate any applicable law.
6.4 The Licensor reserves the right to remove any User Content that, in its sole discretion, violates this Agreement or is otherwise objectionable.
6.5 The Licensor is not responsible for any User Content submitted by users of the Software.
Note: All user content remains on the user's device(s) and is not shared, transmitted or made available to the developers, the publisher or other software users by the software.
7. Disclaimer of warranties
7.1 The Software is provided “as is” and “as available” without warranty of any kind, whether express, implied, statutory, or otherwise.
7.2 To the maximum extent permitted by applicable law, the Licensor disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
7.3 The Licensor does not warrant that the Software will be uninterrupted, error-free, secure, or free from viruses or other harmful components, or that defects will be corrected.
7.4 Nothing in this clause shall affect your statutory rights as a consumer under the Consumer Rights Act 2015 or other applicable consumer protection legislation.
8. Limitation of liability
8.1 Nothing in this Agreement shall limit or exclude the Licensor’s liability for: (a) death or personal injury caused by its negligence; (b) fraud or fraudulent misrepresentation; or (c) any other liability which cannot be limited or excluded by applicable law.
8.2 Subject to clause 8.1, the Licensor shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any: (a) loss of profits; (b) loss of sales or business; (c) loss of data or corruption of data; (d) loss of goodwill; (e) loss of anticipated savings; or (f) any indirect or consequential loss, arising under or in connection with this Agreement.
8.3 Subject to clause 8.1, the Licensor’s total aggregate liability to you in respect of all claims arising under or in connection with this Agreement shall not exceed the total licence fees paid by you to the Licensor in the twelve (12) months preceding the event giving rise to the claim.
9. Indemnification
9.1 You agree to indemnify, defend, and hold harmless the Licensor and its officers, directors, employees, and agents from and against any and all claims, demands, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or in connection with: (a) your use of the Software in breach of this Agreement; (b) your violation of any applicable law or regulation; or (c) your violation of any third-party right, including any intellectual property right or right of privacy.
10. Term and termination
10.1 This Agreement is effective from the date you first install the Software and shall continue for the Licence Term unless terminated earlier in accordance with this clause.
10.2 The Licensor may terminate this Agreement immediately by giving written notice to you if you commit a material breach of this Agreement which (if capable of remedy) is not remedied within fourteen (14) days of receiving written notice requiring it to be remedied.
10.3 You may terminate this Agreement at any time by uninstalling the Software and destroying all copies in your possession or control.
10.4 The Licensor may terminate this Agreement immediately if the Licensor ceases to make the Software available.
11. Effects of termination
11.1 Upon termination of this Agreement for any reason:
(a) all rights and licences granted to you under this Agreement shall immediately cease;
(b) you must immediately cease all use of the Software;
(c) you must delete or destroy all copies of the Software in your possession or control, including all back-up copies; and
(d) any provision of this Agreement that expressly or by implication is intended to survive termination shall remain in full force and effect.
11.2 Termination of this Agreement shall not affect any rights, remedies, obligations, or liabilities that have accrued up to the date of termination.
12. Children and minors
12.1 The Software is available to users under the age of 13 only with the verifiable consent of a parent or legal guardian.
12.2 The Licensor complies with the United States Children’s Online Privacy Protection Act (COPPA) and the UK Information Commissioner’s Office (ICO) Age Appropriate Design Code. If you are a parent or guardian and believe that your child has provided personal information without your consent, please contact us via game's support page on Steam.
12.3 The parent or legal guardian of a minor user agrees to be bound by this Agreement on behalf of the minor and to be responsible for the minor’s use of the Software.
13. Export compliance
13.1 The Software may be subject to export control laws and regulations. You agree that you shall not export, re-export, or transfer the Software in violation of any applicable export control laws or regulations.
13.2 You represent and warrant that you are not located in, or a national or resident of, any country that is subject to applicable government embargo, and that you are not listed on any government list of prohibited or restricted parties.
14. General provisions
14.1 Entire agreement: This Agreement constitutes the entire agreement between you and the Licensor in relation to the Software and supersedes all previous agreements and understandings.
14.2 Variation: The Licensor reserves the right to modify this Agreement at any time. Any modifications shall be effective upon posting of the modified Agreement. Your continued use of the Software after such modifications constitutes your acceptance of the modified terms.
14.3 Severability: If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
14.4 Waiver: No failure or delay by the Licensor in exercising any right or remedy under this Agreement shall constitute a waiver of that right or remedy.
14.5 Assignment: You may not assign or transfer this Agreement without the prior written consent of the Licensor. The Licensor may assign or transfer this Agreement without your consent.
14.6 Third party rights: A person who is not a party to this Agreement shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement.
15. Governing law and jurisdiction
15.1 This Agreement and any dispute or claim arising out of or in connection with it shall be governed by and construed in accordance with the law of England and Wales.
15.2 Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement.
16. Contact
16.1 If you have any questions about this Agreement, please contact us via the game's Steam discussion forum.