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END USER LICENSE AGREEMENT | Version Date May 1st, 2018
We ask that you please read this end-user license agreement thoroughly and carefully before installing, playing or accessing any Arakion LLC games or products. This End-User License Agreement (“EULA”) is a legal agreement between you (either an individual or single entity) and Arakion LLC for Arakion LLC software, games, and products.
Terms
In this EULA, the following terms shall have the indicated meanings.
“Game” is the software product which this EULA is accompanying, all related software, all in-game content, any updates or additional content (such as patches, downloadable content, and expansions), manuals, all accompanying files (and any data) and all other materials in any media related to the software.
“You”, “User”, “End User”, “Licensee”, the person using a license of the Game that they purchased through Steam, GOG or on the Arakion LLC website.
“Use” means accessing, installing, copying or gaining benefit from using the Game.
“Arakion” is another term for Arakion LLC.
General
If you do not agree to all terms and conditions you are not permitted to install, copy or access the Game, promptly contact where you purchased from for a refund. The Game is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The rights granted herein are solely limited to Arakion and its licensors’ intellectual property rights in the Game and do not include any other patents or intellectual property rights.
By accessing the Game, you agree and acknowledge that you have read and understand this EULA, agreeing to be bound by its terms and conditions. You agree that you are of legal age and are accepting this EULA on behalf of yourself or on behalf of your child or ward.
To use the Game you may be required to download and access third-party platforms such as (Steam, GOG Galaxy, or similar) additionally accepting any terms and conditions applicable by said third party.
1.Grant of License.
Under the explicit terms and conditions set forth by this EULA, the Game is being licensed to you, not sold. Any and all rights not expressly stated and granted herein are reserved by Arakion. If you accept and comply with the terms of this agreement, Arakion grants you a limited license to use this product. You may install applicable components, features, and content. You acknowledge and understand that you do not own the game and are granted a license only. Ownership and all intellectual property rights in and to the Game remain solely with Arakion LLC or contractors (“Licensors”) as warranted. You may use your license to install, access and use the Game on your personal computer, strictly for non-commercial purposes only! Arakion does not recognize any purported transfer of the Game.
A. Permitted use
In addition to installing and playing the Game on your personal computer, you may also, under the terms of this EULA create and make publicly available “Let’s Play” and other gameplay videos containing the images and sounds of the game through social media channels such as Twitch.tv and Youtube.com. The extent of this permission may be modified or withdrawn at any time at the discretion of Arakion.
2. License Limitations
Arakion may suspend or revoke your rights if you violate, or assist others in violating, the license limitations set forth below. Unless otherwise provided in this EULA, you agree that you will not, in whole, in part or under any circumstance do the following::
A. Modification: Remove or alter any copyright or trademark notices on any and all copies of the Game;
B. Hacks: Remove, disable or circumvent any security protections such as digital rights management, proprietary notices or labels contained on or within the Game;
C. Derivative Works: Copy or reproduce, modify, adapt, translate, reverse engineer, derive source code from, disassemble, decompile or create derivative works of the Game, other than may be permitted according to applicable law;
D. Unauthorized Use: Otherwise use the Game in a way which is not in compliance with all applicable laws.
E. Violation of Laws: use the Game to violate any applicable law or regulation.
3. Ownership
With the sole exception of the Licensors’ content, Arakion LLC is the owner or licensee of all right, title, and interest in and to the Game, including all data, media, features, components, accounts and all related content.The Game may contain materials licensed by third-parties to Arakion LLC, and these third-parties may enforce their ownership rights against you in the event that you violate this agreement. The following components and data of the Game (which does not include content or components of the Licensors’ Games) are owned and or licensed by Arakion:
All virtual content appearing within the Game, such as:
Visual components: Artwork, locations, landscape designs, animations, audio-visuals, effects, etc.
Narrations: Story, storylines, concepts, and themes.
Characters: Names, likenesses, inventories, catchphrases of any and all characters.
All data generated by or that occurs through the Game.
All audio, sounds, musical compositions, recording and sound effects occurring through the Game.
All computer code including but not limited to the source code.
Any and all data owned by Arakion LLC and relating to Arakion products and services.
All rights to create derivative works. As part of this agreement, you agree that you will not create any works based on the Game except as set forth in this agreement.
4. Support Services
You may be provided, at Arakion’s sole discretion, with technical support and community management services related to the Game (“Support Services”). Arakion reserves the right to suspend, terminate or otherwise alter the Support Services at any time and for any reason.
You can contact Arakion for Support Services at contact@arakion.com.
5. Modifications & Patches
You understand and agree that occasionally, Arakion may patch or update the Game for the purpose of resolving software bugs or other issues, rebalancing the Game or adding and/or removing features and content in the Game.
6. Termination
This License is effective until terminated.
This agreement is effective upon your installation and access to the Game and any Arakion LLC product. It shall remain in effect until it is terminated or superseded by a New Agreement. You may terminate it at any time by destroying the Game and all copies, full or partial, and removing all related data.
Arakion reserves the right to terminate this Agreement at any time if you fail to comply with the terms and conditions of this EULA. You shall then cease all use of the Game, remove any and all data related to the Game and destroy all copies full or partial.
7. Limited Warranty
ARAKION IS PROVIDED “AS IS” AND “AS AVAILABLE” BASIS FOR USE, WITHOUT WARRANTY OF ANY KIND, EITHER IMPLIED OR EXPRESSED, INCLUDING WITHOUT LIMITATION ANY UNINTERRUPTED OR ERROR-FREE USE. The entire risk out of use or performance of the Game remains with the user.
This limited warranty is in addition to and does not affect, those of your statutory rights which cannot be excluded or limited in any way under applicable law.
8. Limited Liability
Any liability of Arakion for use of this game will be limited exclusively to refund of purchase price where applicable. Additionally in no event shall Arakion or any associates including employees, affiliates or licensors be liable for any incidental, consequential, punitive or any other damages whatsoever relating to your use of this Game. Additionally, Arakion shall not be liable to you, or any other person or entity claiming through you any loss of profits, income, savings, or any other consequential, incidental, special, punitive, direct or indirect damage, whether arising in contract, tort, warranty, or otherwise. Even if Arakion has been advised of the possibility of such damages. These limitations shall apply regardless of the essential purpose of any limited remedy. Under no circumstances shall Arakion’s aggregate liability to Licensee, or any other person or entity claiming through you, exceed the financial amount actually paid by Licensee to Arakion for the Game.
9. Governing Law
This Agreement shall be governed by and will be construed under, the laws of the United States of America and the law of the State of Colorado, without regard to choice of law principles.Any legal action or proceeding relating to this EULA shall be brought exclusively in courts located in Broomfield, Colorado, and each party consents to the jurisdiction thereof. The prevailing party in any action to enforce this EULA shall be entitled to recover costs and expenses including, without limitation, attorneys’ fees. This EULA is made within the exclusive jurisdiction of the United States, and its jurisdiction shall supersede any other jurisdiction of either party’s election.
10. Dispute Resolution
Most Disputes regarding this EULA or the Game can be resolved by contacting Arakion at contact@arakion.com. You and Arakion agree to first attempt to negotiate any Dispute for at least (30) thirty days before initiating any arbitration or court proceeding.
(i) Negotiations begin upon receipt of written notice by party raising the Dispute.
(ii) Notices can be sent to Arakion LLC, P.O. Box 6291, Broomfield, Colorado, 80021-6291.
11. Alterations
(i)Alterations to this EULA
Arakion may amend this EULA as its business and the law change. Your continued use of the Game after any and all EULA updates means you agree to be legally bound by the EULA as updated and amended. New EULAs will not be applied retroactively and you will be given an opportunity to review the New EULA before choosing to accept or reject its terms. Continued use of The Game means you have agreed to be bound by the new terms.
12. Severability
No failure to exercise and no delay in exercising, on the part of either party, any privilege, any power or any rights hereunder will operate as a waiver thereof, nor will any single or partial exercise of any right or power hereunder preclude further exercise of any other right hereunder. If any provision of this EULA shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this EULA shall otherwise remain in full force and effect and enforceable.
13. Disclaimer
The provisions of sections 3, 7, 8, 12 and 13 shall survive termination of this Agreement for any reason.
THIS EULA IS APPLICABLE ONLY TO THE EXTENT AUTHORIZED BY LAW, ESPECIALLY CONSUMER PROTECTION LAWS.
Have a question or comment about this EULA?
Please email us at contact@arakion.com!
Arakion LLC
P.O. Box 6291
Broomfield, Colorado 80021-6291
We ask that you please read this end-user license agreement thoroughly and carefully before installing, playing or accessing any Arakion LLC games or products. This End-User License Agreement (“EULA”) is a legal agreement between you (either an individual or single entity) and Arakion LLC for Arakion LLC software, games, and products.
Terms
In this EULA, the following terms shall have the indicated meanings.
“Game” is the software product which this EULA is accompanying, all related software, all in-game content, any updates or additional content (such as patches, downloadable content, and expansions), manuals, all accompanying files (and any data) and all other materials in any media related to the software.
“You”, “User”, “End User”, “Licensee”, the person using a license of the Game that they purchased through Steam, GOG or on the Arakion LLC website.
“Use” means accessing, installing, copying or gaining benefit from using the Game.
“Arakion” is another term for Arakion LLC.
General
If you do not agree to all terms and conditions you are not permitted to install, copy or access the Game, promptly contact where you purchased from for a refund. The Game is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The rights granted herein are solely limited to Arakion and its licensors’ intellectual property rights in the Game and do not include any other patents or intellectual property rights.
By accessing the Game, you agree and acknowledge that you have read and understand this EULA, agreeing to be bound by its terms and conditions. You agree that you are of legal age and are accepting this EULA on behalf of yourself or on behalf of your child or ward.
To use the Game you may be required to download and access third-party platforms such as (Steam, GOG Galaxy, or similar) additionally accepting any terms and conditions applicable by said third party.
1.Grant of License.
Under the explicit terms and conditions set forth by this EULA, the Game is being licensed to you, not sold. Any and all rights not expressly stated and granted herein are reserved by Arakion. If you accept and comply with the terms of this agreement, Arakion grants you a limited license to use this product. You may install applicable components, features, and content. You acknowledge and understand that you do not own the game and are granted a license only. Ownership and all intellectual property rights in and to the Game remain solely with Arakion LLC or contractors (“Licensors”) as warranted. You may use your license to install, access and use the Game on your personal computer, strictly for non-commercial purposes only! Arakion does not recognize any purported transfer of the Game.
A. Permitted use
In addition to installing and playing the Game on your personal computer, you may also, under the terms of this EULA create and make publicly available “Let’s Play” and other gameplay videos containing the images and sounds of the game through social media channels such as Twitch.tv and Youtube.com. The extent of this permission may be modified or withdrawn at any time at the discretion of Arakion.
2. License Limitations
Arakion may suspend or revoke your rights if you violate, or assist others in violating, the license limitations set forth below. Unless otherwise provided in this EULA, you agree that you will not, in whole, in part or under any circumstance do the following::
A. Modification: Remove or alter any copyright or trademark notices on any and all copies of the Game;
B. Hacks: Remove, disable or circumvent any security protections such as digital rights management, proprietary notices or labels contained on or within the Game;
C. Derivative Works: Copy or reproduce, modify, adapt, translate, reverse engineer, derive source code from, disassemble, decompile or create derivative works of the Game, other than may be permitted according to applicable law;
D. Unauthorized Use: Otherwise use the Game in a way which is not in compliance with all applicable laws.
E. Violation of Laws: use the Game to violate any applicable law or regulation.
3. Ownership
With the sole exception of the Licensors’ content, Arakion LLC is the owner or licensee of all right, title, and interest in and to the Game, including all data, media, features, components, accounts and all related content.The Game may contain materials licensed by third-parties to Arakion LLC, and these third-parties may enforce their ownership rights against you in the event that you violate this agreement. The following components and data of the Game (which does not include content or components of the Licensors’ Games) are owned and or licensed by Arakion:
All virtual content appearing within the Game, such as:
Visual components: Artwork, locations, landscape designs, animations, audio-visuals, effects, etc.
Narrations: Story, storylines, concepts, and themes.
Characters: Names, likenesses, inventories, catchphrases of any and all characters.
All data generated by or that occurs through the Game.
All audio, sounds, musical compositions, recording and sound effects occurring through the Game.
All computer code including but not limited to the source code.
Any and all data owned by Arakion LLC and relating to Arakion products and services.
All rights to create derivative works. As part of this agreement, you agree that you will not create any works based on the Game except as set forth in this agreement.
4. Support Services
You may be provided, at Arakion’s sole discretion, with technical support and community management services related to the Game (“Support Services”). Arakion reserves the right to suspend, terminate or otherwise alter the Support Services at any time and for any reason.
You can contact Arakion for Support Services at contact@arakion.com.
5. Modifications & Patches
You understand and agree that occasionally, Arakion may patch or update the Game for the purpose of resolving software bugs or other issues, rebalancing the Game or adding and/or removing features and content in the Game.
6. Termination
This License is effective until terminated.
This agreement is effective upon your installation and access to the Game and any Arakion LLC product. It shall remain in effect until it is terminated or superseded by a New Agreement. You may terminate it at any time by destroying the Game and all copies, full or partial, and removing all related data.
Arakion reserves the right to terminate this Agreement at any time if you fail to comply with the terms and conditions of this EULA. You shall then cease all use of the Game, remove any and all data related to the Game and destroy all copies full or partial.
7. Limited Warranty
ARAKION IS PROVIDED “AS IS” AND “AS AVAILABLE” BASIS FOR USE, WITHOUT WARRANTY OF ANY KIND, EITHER IMPLIED OR EXPRESSED, INCLUDING WITHOUT LIMITATION ANY UNINTERRUPTED OR ERROR-FREE USE. The entire risk out of use or performance of the Game remains with the user.
This limited warranty is in addition to and does not affect, those of your statutory rights which cannot be excluded or limited in any way under applicable law.
8. Limited Liability
Any liability of Arakion for use of this game will be limited exclusively to refund of purchase price where applicable. Additionally in no event shall Arakion or any associates including employees, affiliates or licensors be liable for any incidental, consequential, punitive or any other damages whatsoever relating to your use of this Game. Additionally, Arakion shall not be liable to you, or any other person or entity claiming through you any loss of profits, income, savings, or any other consequential, incidental, special, punitive, direct or indirect damage, whether arising in contract, tort, warranty, or otherwise. Even if Arakion has been advised of the possibility of such damages. These limitations shall apply regardless of the essential purpose of any limited remedy. Under no circumstances shall Arakion’s aggregate liability to Licensee, or any other person or entity claiming through you, exceed the financial amount actually paid by Licensee to Arakion for the Game.
9. Governing Law
This Agreement shall be governed by and will be construed under, the laws of the United States of America and the law of the State of Colorado, without regard to choice of law principles.Any legal action or proceeding relating to this EULA shall be brought exclusively in courts located in Broomfield, Colorado, and each party consents to the jurisdiction thereof. The prevailing party in any action to enforce this EULA shall be entitled to recover costs and expenses including, without limitation, attorneys’ fees. This EULA is made within the exclusive jurisdiction of the United States, and its jurisdiction shall supersede any other jurisdiction of either party’s election.
10. Dispute Resolution
Most Disputes regarding this EULA or the Game can be resolved by contacting Arakion at contact@arakion.com. You and Arakion agree to first attempt to negotiate any Dispute for at least (30) thirty days before initiating any arbitration or court proceeding.
(i) Negotiations begin upon receipt of written notice by party raising the Dispute.
(ii) Notices can be sent to Arakion LLC, P.O. Box 6291, Broomfield, Colorado, 80021-6291.
11. Alterations
(i)Alterations to this EULA
Arakion may amend this EULA as its business and the law change. Your continued use of the Game after any and all EULA updates means you agree to be legally bound by the EULA as updated and amended. New EULAs will not be applied retroactively and you will be given an opportunity to review the New EULA before choosing to accept or reject its terms. Continued use of The Game means you have agreed to be bound by the new terms.
12. Severability
No failure to exercise and no delay in exercising, on the part of either party, any privilege, any power or any rights hereunder will operate as a waiver thereof, nor will any single or partial exercise of any right or power hereunder preclude further exercise of any other right hereunder. If any provision of this EULA shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this EULA shall otherwise remain in full force and effect and enforceable.
13. Disclaimer
The provisions of sections 3, 7, 8, 12 and 13 shall survive termination of this Agreement for any reason.
THIS EULA IS APPLICABLE ONLY TO THE EXTENT AUTHORIZED BY LAW, ESPECIALLY CONSUMER PROTECTION LAWS.
Have a question or comment about this EULA?
Please email us at contact@arakion.com!
Arakion LLC
P.O. Box 6291
Broomfield, Colorado 80021-6291