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End User License Agreement (EULA)d User License A (EULA)
Because this license agreement is necessary to protect the game Space Survivors Shooter sold through Steam as well as the members of our community, we have to introduce a set of rules for downloading and playing Space Survivors Shooter. In case you break these rules we are allowed to stop you from using Space Survivors Shooter.
By downloading and playing, or using the game in any other way, you are agreeing to the rules of this EULA. Otherwise you are not permitted to buy, download, use, or play Space Survivors Shooter.
Re-Destribution and Commercial Use
One general rule is that you are not permitted to distribute anything made by the creator of Space Survivors Shooter and his partners. You are not allowed to give copies away without permission, make commercial use of, try to make money from, or let people get access to Space Survivors Shooter and its content in a way that is not fair or unreasonable.
This especially includes, but is not limited to, the client and server software of Space Survivors Shooter of official versions, as well as modified versions.
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As long as the game is "free to play", or if you bought the game on Steam, you are allowed to use it on your computer.
Without permission you are not allowed to call anything you made with, or related to Space Survivors Shooter "official".
If you make something with, or related to Space Survivors Shooter it has to comply with this EULA and the brand and asset usage guidelines and above all do not make commercial use of anything we have made.
If you buy Space Survivors Shooter from Steam, you are permitted to install the Game on your own computer and use and play it on that computer as set out in this EULA. This permission is personal to you, so you are not allowed to distribute the Game (or any part of it) to anyone else. This also means you cannot sell or rent the Game, or make it available for access to other people and you cannot pass on or resell any license keys. You may however give gift codes that have been bought through Steam.
You have permission to adapt Space Survivors Shooter for your own personal (non-commercial) use, but you must not distribute your adaptations in any way that is unfair or adversely affects our rights in Space Survivors Shooter. Beyond that, you are not allowed to copy, reverse engineer or de-compile Space Survivors Shooter without permission.
As long as it's within reason, you are allowed to use screenshots and videos of Space Survivors Shooter: You must not make any commercial use of them or do things that are unfair or adversely affect our rights. You are allowed to put adds on your video and monetize them when you upload them to a video sharing website like YouTube.
Do not make commercial use of anything we've made unless specifically permitted by us, either in our brand and asset usage guidelines or under this EULA. Exceptions are in case the law expressly allows it, such as under a "fair-use" or similar law.
We reserve the right to refuse service to anyone who is maliciously attempting to prevent other users from reliably accessing our services.
Content
If you make any content available on or through our Game, you must give us permission to use, copy, modify and adapt that content. This permission must be irrevocable, and you must also let us permit other people to use, copy, modify and adapt your content. If you don‘t want to give us this permission, do not make content available on or through our Game. Please think carefully before you make any content available, because it will be made public and might even be used by other people in a way you don‘t like.
If you are going to make something available on or through our Game, it must not be offensive to people or illegal, it must be honest, and it must be your own creation. The types of things you must not make available using our Game include: posts that include racist or homophobic language; posts that are bullying or trolling; posts that might damage our or another person‘s reputation; posts that include porn, advertising or someone else‘s creation or image; or posts that impersonate a moderator or try to trick or exploit people.
Any content you make available on our Game must also be your creation. You must not make any content available, using the Game, that infringes the rights of anyone else. If you post content on our Game, and we get challenged, threatened or sued by someone because the content infringes that persons rights, we may hold you responsible and that means you may have to pay us back for any damage we suffer as a result. Therefore it is really important that you only make content available that you have created and you don‘t do so with any content created by anyone else.
Please watch out if you are talking to people in our Game. It is hard for either you or us to know for sure that what people say is true, or even if people are really who they say they are. You should think twice about giving out information about yourself.
Ownership
The ownership of the game remains with us. We are also the owners of our brands and content distributed with Space Survivors Shooter. When you pay for Space Survivors Shooter you are buying a permission to play or use Space Survivors Shooter in accordance with this EULA. You are not buying the Game itself. The only permissions you have in connection with Space Survivors Shooter are the permissions set out in this EULA.
Any modifications or tools for Space Survivors Shooter you create yourself from scratch belong to you. Furthermore plugins for Space Survivors Shooter also belong to you and you can do whatever you want with them, as long as you don‘t sell them for money or try to make money from them. It remains our right to decide what constitutes as a plugin.
Upgrades
Upgrades and updates can be made available from time to time, but we are not obliged to do so. Furthermore we are also not obliged to provide ongoing support or maintenance of Space Survivors Shooter This is the absolute worst case and we really hope of course to continue releasing updates for Space Survivors Shooter but we cannot guarantee we will do so.
Our Liability
When you get a copy of Space Survivors Shooter we provide it ‘as is‘. Updates and upgrades are also provided ‘as is‘. This means that we are not making any promises to you about the standard or quality of Space Survivors Shooter or that Space Survivors Shooter will be uninterrupted or error free or for any loss or damage that they cause. We only promise to provide Space Survivors Shooter and any services with reasonable skill and care. Please note that Space Survivors Shooter is still uncompleted and so it may (and often will) have bugs.
NEITHER Space Survivors Shooter (GAME AND OWNER) NOR ITS SUPPLIERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR THE INABILITY TO USE EQUIPMENT OR ACCESS DATA, LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION OR THE LIKE), ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SOFTWARE AND BASED ON ANY THEORY OF LIABILITY INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF Space Survivors Shooter (GAME AND OWNER) OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Termination
We have the right to terminate this EULA in case of a breach of the terms. The right to terminate this EULA by uninstalling/deleting Space Survivors Shooter remains with you. The paragraphs about "Ownership”, “Our Liability” and “RE-DISTRIBUTION AND COMMERCIAL USE” will continue to apply even after the EULA is terminated.
General
The EULA is subject to any legal rights you might have. Nothing in these terms and conditions will limit any of your rights that may not be excluded under law nor shall it exclude or limit our liability for death or personal injury resulting from our negligence nor any fraudulent representation.
We may also change this EULA from time to time but those changes will only be effective to the extent that they can legally apply.
If you supply suggestions to Space Survivors Shooter , that suggestion is made for free. This means we can use your suggestion in any way we want, and we don‘t have to pay you for it. In case you think you have a suggestion that we would be willing to pay you for, you must tell us you expect to be paid before you tell us the suggestion.
Disclaimers and Limitation of Liability
Space Survivors Shooter includes the Unreal® Engine code and other code, materials, and information (the “Epic Materials”) from Epic Games, Inc. (“Epic”). All Epic Materials are provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind. Maurice Fernitz, Epic, and Epic’s affiliates disclaim all warranties, conditions, common law duties, and representations (express, implied, oral, and written) with respect to the Epic Materials, including without limitation all express, implied, and statutory warranties and conditions of any kind, such as title, non-interference with your enjoyment, authority, non-infringement, merchantability, fitness or suitability for any purpose (whether or not Epic knows or has reason to know of any such purpose), system integration, accuracy or completeness, results, reasonable care, workmanlike effort, lack of negligence, and lack of viruses, whether alleged to arise under law, by reason of custom or usage in the trade, or by course of dealing. Without limiting the generality of the foregoing, Maurice Fernitz, Epic, and Epic’s affiliates make no warranty that (1) any of the Epic Materials will operate properly, including as integrated in Space Survivors Shooter, (2) that the Epic Materials will meet your requirements, (3) that the operation of the Epic Materials will be uninterrupted, bug free, or error free in any or all circumstances, (4) that any defects in the Epic Materials can or will be corrected, (5) that the Epic Materials are or will be in compliance with a platform manufacturer’s rules or requirements, or (6) that a platform manufacturer has approved or will approve Space Survivors Shooter, or will not revoke approval of Space Survivors Shooter for any or no reason. Any warranty against infringement that may be provided in Section 2-312 of the Uniform Commercial Code or in any other comparable statute is expressly disclaimed by Maurice Fernitz and Epic. Maurice Fernitz, Epic, and Epic’s affiliates do not guarantee continuous, error-free, virus-free, or secure operation of or access to the Epic Materials. This paragraph will apply to the maximum extent permitted by applicable law.
To the maximum extent permitted by applicable law, neither Maurice Fernitz, Epic, Epic’s licensors, nor its or their affiliates, nor any of Maurice Fernitz or Epic’s service providers, shall be liable in any way for loss or damage of any kind resulting from the use or inability to use the Epic Materials or otherwise in connection with this EULA, including but not limited to loss of goodwill, work stoppage, computer failure, or malfunction, or any and all other commercial damages or losses. In no event will Maurice Fernitz, Epic, Epic’s licensors, nor its or their affiliates, nor any of Maurice Fernitz or Epic’s service providers be liable for any loss of profits or any indirect, incidental, consequential, special, punitive, or exemplary damages, or any other damages arising out of or in connection with this EULA or the Epic Materials, or the delay or inability to use or lack of functionality of the Epic Materials, even in the event of Maurice Fernitz, Epic’s, or Epic’s affiliates’ fault, tort (including negligence), strict liability, indemnity, product liability, breach of contract, breach of warranty, or otherwise and even if Maurice Fernitz. Epic or Epic’s affiliates have been advised of the possibility of such damages. These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate compensation.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Maurice Fernitz, Epic, Epic’s licensors, its and their affiliates, and any of Maurice Fernitz or Epic’s service providers shall be limited to the full extent permitted by law.