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END USER LICENSE AGREEMENT
Islands of Nyne: Battle Royale
Last updated on May 3rd, 2017
This Islands of Nyne: Battle Royale End User License Agreement (the 'Agreement'), describe the terms by which Define Human Studios LLC ('DHS’') offers you: (i) the right to download and install and/or use the Islands of Nyne: Battle Royale (the ‘Game’) software, content, and related documentation.
By clicking the “I Accept” button, you agree to be legally bound by the terms of this Agreement, and you represent that you are of legal age in your jurisdiction and are accepting this Agreement it its entirety either on behalf of yourself or your minor child. By clicking the “I Decline” button, you do not accept this Agreement, and are not permitted to download or use the Software or access the Game. If you disable or otherwise bypass the “I Accept” button, and copy, download, install, or access the Software, or otherwise play the Game, you will have been deemed to have accepted the terms of this Agreement.
DHS reserves the right to modify this Agreement in whole or in part, from time to time at its sole and absolute discretion, and to provide you with notice of such modifications by any reasonable means, including, without limitation, by making available the revised version thereof through downloading of the Game client. You can determine when the Agreement was last revised by referring to the “Last Updated” legend at the top of the Agreement. Your continued use of the Game following our making available any revised version of the Agreement will mean that you accept the revised version. If you do not agree to any changes made to the Agreement, you may not access or use the Software, and you may not play the Game.
WARNING: READ BEFORE PLAYING
A VERY SMALL PERCENTAGE OF INDIVIDUALS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR FLASHING LIGHTS. EXPOSURE TO CERTAIN PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN, OR WHILE PLAYING VIDEO GAMES, MAY INDUCE AN EPILEPTIC SEIZURE IN THESE INDIVIDUALS. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN PERSONS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY.
IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO PLAYING. IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE PLAYING A VIDEO OR COMPUTER GAME -- DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS -- IMMEDIATELY DISCONTINUE USE AND CONSULT YOUR PHYSICIAN BEFORE RESUMING PLAY.
1. SERVICES AND CONTENT OF Islands of Nyne: Battle Royale
1.1 DHS Agreements and Policies
The Game is a multiplayer online competitive game, developed and published by Define Human Studios. Your use of the Software, the Game and your access to and use of the Sites is subject at all times to this Agreement, as well as the any other applicable rules or restrictions set forth in the Game and on the Sites.
1.2 Software and Gameplay
To play the Game, you must: (a) download and/or access the Game from Steam, (b) have at least the minimum system requirements to operate the Software and/or the Game, and (d) have an Internet connection to download and play the Game. In addition to any applicable fees described in this Agreement, you are responsible for paying any and all applicable taxes (including those we are not required to collect) and for all hardware, software, Internet service and other costs you incur to access the Software, and the Game.
You acknowledge that online games evolve over time and system requirements to play the Game may change over time. You may need to upgrade your system (or obtain a new system) to play the Game. You agree that DHS retains the unfettered right to modify any and all aspects of its games, and that DHS has been making, is making, and will continue to make changes to its games. You further acknowledge that DHS can, in its discretion, modify features, functions or abilities of any element of the Game, that may in turn change the direction of the game.
1.3 Third Party Conduct
You acknowledge that DHS is a service provider, and that the Game permits interaction between users online regarding topics and content chosen by users of the Game through chat functionality or otherwise. Accordingly, you will not expect DHS to control the quality, morality, legality, truthfulness or accuracy of User Content within the Game or related services (e.g. voice chat, user typed chat, user board, forums or website posts, and so forth). Under no circumstances will DHS be liable for any errors or omissions in any postings or for any loss or damages of any kind incurred as a result of the use of any information contained within the Game or related services.
1.4 Scheduled and Unscheduled Service Interruptions
The Game is an 'online' game that must be played over the Internet. DHS reserves the right to interrupt, modify (including adding or removing servers), suspend, cancel or terminate the Software or the Game with or without prior notice for any reason or no reason. You agree that DHS will not be liable for any interruption, delay or failure of the Software and/or the Game to perform, and you understand that you shall not be entitled to any refund of fees for Paid Content or compensation for interruption to your use of the Software and/or the Game or any failure of the Software and/or the Game to perform. DHS has the right at any time for any reason or no reason to change and/or terminate any aspect of the Software and/or the Game as it sees fit in its sole discretion.
2. LICENSE TERMS AND INTELLECTUAL PROPERTY
2.1 Game License
The Software and the Game are not sold to you, but licensed according to the terms of this Agreement.
Subject to the terms of this Agreement we hereby grant to you a non-exclusive, non-transferable, revocable, limited right and license to: (a) install the Software solely for your personal, non-commercial use; (b) use the Software solely in connection with playing the Game via an authorized Account.
2.2 Ownership
DHS shall retain all rights, title and interest relating to or residing in the Software, the Game, all data in connection therewith, and all copies thereof, including without limitation, any titles, computer code, themes, objects, characters, names, stories, dialog, locations, concepts, artwork, landscape designs, animations, sounds, musical compositions and recordings, audio-visual effects, character likenesses, methods of operation, moral rights, and any related documentation and user manuals (collectively, 'Rights'). Except for the revocable, limited licenses expressly granted above, you acknowledge and agree that you have not and will not acquire or obtain any intellectual property rights or other rights, including any right of exploitation, of any kind into the Game, including any of the Rights listed above, and/or any compilation or copyrightable arrangement thereof, and that all such Rights are exclusively owned by DHS.
2.3 Limitations of License; Responsibilities of End User
The license granted to you in section 2.1 is limited. Any use of the Software, Game or any part thereof in violation of this Agreement is beyond the scope of the license granted to you and, therefore, infringes DHS's copyrights in and to the Software and/or the Game. You shall not, without express advance written permission from DHS: (a) copy (except to make one necessary back-up copy), distribute, sell, auction, rent, lease, loan, modify or create derivative works, adapt, translate, perform, display, sublicense or transfer all or any portion of the Game on, or through any medium; (b) reverse engineer, disassemble or decompile, or attempt to reverse engineer or otherwise derive code from, the Software except to the extent that this restriction is expressly prohibited by applicable law, or modify the Software to change the Game play; (c) create, facilitate, host, link to or provide any other means through which the Game may be played by others through interception, emulation or redirection of the communication protocols used by DHS, including without limitation through protocol emulation, tunneling, data mining, packet sniffing, modifying or adding components to the Game, use of a utility program, or any other technique now known or hereafter developed, for any purpose including but not limited to unauthorized network play over the Internet, network play utilizing commercial or non-commercial gaming networks, or as part of content aggregation networks; (d) create, facilitate, or maintain any unauthorized connection to the Game; (e) mine, decrypt, or modify any data transmitted between client and server; (f) use, post, host or distribute macros, 'bots' or other programs which would allow unattended game play or which otherwise impact game play, including without limitation any program which enables or facilitates mining, character kills, or level increases; (g) take any action which imposes an unreasonable or disproportionately large load on our infrastructure.
2.4 Consent to Monitor
When running, the Game may monitor your computer's random access memory for unauthorized third party programs running concurrently with the Game which, in DHS’ sole determination: (a) enable or facilitate cheating of any type; (b) allow users to modify or hack the Game interface, environment, and/or experience in any way not expressly authorized by DHS; or (c) intercept, 'mine' or otherwise collect information from or through the Game (an 'Unauthorized Third Party Program'). In the event that the Game detects an Unauthorized Third Party Program: (i) the Game may communicate information back to DHS, including without limitation your Account username, details about the Unauthorized Third Party Program detected and the activities or functions performed thereby, and/or (ii) DHS may exercise any or all of its rights and remedies under this Agreement without prior notice to the user linked to such Unauthorized Third Party Program. You acknowledge that any and all character data and other data that is stored and is resident on our servers, and any and all communications that you make within the Game (including, but not limited to, messages solely directed at another player or group of players) traverse through our servers, may or may not be monitored by us or our agents, you have no expectation of privacy in any such communications and you expressly consent to such monitoring of communications you send and receive.
3. TERMINATION
3.1 Termination by DHS
We may terminate this Agreement (including your Game license) and/or suspend your Account immediately and without notice if: (a) you violate any provision of this Agreement, (b) you infringe any intellectual property rights, (c) we are unable to verify or authenticate your copy of the Game, (d) upon game play, chat or any player activity (including activity on Game forum postings) whatsoever which we, in our sole discretion, determine is inappropriate and/or in violation of the spirit of the Game, and/or (e) upon any violation of any of the Rules. If we terminate this Agreement or suspend your Account under these circumstances, you will lose access to the Game for the duration of the suspension without any refund for any Paid Content that you may have purchased. We may also terminate this Agreement if we decide, in our sole discretion, to discontinue offering the Game. In such a case, all licenses set forth herein will immediately terminate without reimbursement or refund to you.
3.2 Termination by You
You may terminate this Agreement (including your Game license), the Game at any time: (a) by permanently deleting and/or destroying all copies of the Game in your possession or control, and (b) by removing the Game from your computer system. We do not provide full or partial refunds for Paid Content that you have purchased.
3.3 Survival
Sections 2.2 and 2.3 shall survive any termination of this Agreement.
4. NO EXPRESS OR IMPLIED WARRANTIES; LIMITATION OF LIABILITY
4.1 No Express or Implied Warranties
WE PROVIDE THE SOFTWARE, THE GAME, AND ALL OTHER SERVICES 'AS IS.' DHS EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. WITHOUT LIMITING THE FOREGOING, WE DO NOT ENSURE CONTINUOUS, ERROR-FREE, SECURE OR VIRUS-FREE OPERATION OF THE SOFTWARE, THE GAME, OR CONTINUED OPERATION OR AVAILABILITY OF ANY GIVEN SERVER, FEATURE, SERVICE, CONTENT, OR GAME-PLAY, AND DHS MAY CHANGE, MODIFY, SUSPEND OR REMOVE ANY SUCH SERVER FEATURE, SERVICE CONTENT GAME-PLAY IN ITS SOLE DISCRETION. This warranty gives you specific legal rights, and you may also have other legal rights that vary depending on your place of residence. Some jurisdictions do not allow limitations as to how long an implied warranty lasts and/or exclusions or limitations of consequential damages, so the above limitations and/or exclusions of liability may not apply to you. You may also have other legal rights which vary depending on your place of residence.
We are not liable for any delay or failure to perform resulting from any causes beyond our reasonable control. Further, we cannot and do not promise or ensure that you will be able to access the Game whenever you want, and there may be extended periods of time when you cannot access the Game. You assume the entire risk as to the results and performance of Software and the Game in connection with your hardware and software, and you assume the entire cost of all servicing, repair and/or correction of your hardware and software.
4.2 Disclaimers and Limitation of Liability
Islands of Nyne: Battle Royale 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. DHS, 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, DHS, Epic, and Epic’s affiliates make no warranty that (a) any of the Epic Materials will operate properly, including as integrated in the Game, (b) that the Epic Materials will meet your requirements, (c) that the operation of the Epic Materials will be uninterrupted, bug free, or error free in any or all circumstances, (d) that any defects in the Epic Materials can or will be corrected, (e) that the Epic Materials are or will be in compliance with a platform manufacturer’s rules or requirements, or (f) that a platform manufacturer has approved or will approve this Game, or will not revoke approval of this Game 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 DHS and Epic. DHS, 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 DHS, Epic, Epic’s licensors, nor its or their affiliates, nor any of DHS’s 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 Agreement, 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 DHS, Epic, Epic’s licensors, nor its or their affiliates, nor any of DHS’s 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 Agreement or the Epic Materials, or the delay or inability to use or lack of functionality of the Epic Materials, even in the event of DHS’s, 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 DHS, 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 DHS, Epic, Epic’s licensors, its and their affiliates, and any of DHS’s or Epic’s service providers shall be limited to the full extent permitted by law.
5. PRE-ALPHA TEST PHASE
5.1 Pre-Alpha Test Phase NDA
PLEASE READ THIS PRE-ALPHA TEST PHASE SOFTWARE CONFIDENTIALITY AGREEMENT (“PRE-ALPHA NDA AGREEMENT”) CAREFULLY. BY CLICKING THE “ACCEPT” BUTTON AT THE END OF THE AGREEMENT BELOW, OR BY PARTICIPATING IN THE PRE-ALPHA ACCESS PHASE, YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN CONTRACT SIGNED BY YOU. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK ON THE BUTTON THAT INDICATES THAT YOU DO NOT AGREE TO ACCEPT THE TERMS OF THIS AGREEMENT (IF APPLICABLE) AND DO NOT PARTICIPATE IN THE PRE-ALPHA TEST PHASE (AS DEFINED BELOW).
5.2 Definition of Pre-Alpha Test Phase.
The purpose of the Pre-Alpha Test Phase is to make limited access versions of Islands of Nyne: Battle Royale available for downloading online by individuals selected by DHS and who have entered into this Agreement for the purpose of providing DHS with feedback on the quality and usability of the Game and identifying program errors. The Pre-Alpha Test Phase as well as Confidential Information (as defined below) or related documentation are herein collectively referred to as “Pre-Alpha Information”.
5.3 Player’s obligations
As condition to participating in the Limited Access Phase as a Player you:
(a) acknowledge that DHS has not publicly shown the contents of the current game status; (b) Pre-Alpha Information is confidential or proprietary information of DHS and as such:
except as expressly permitted herein, agree you that you will not disclose, publish, capture gameplay content, livestream, post images, or disseminate Pre-Alpha Information to anyone. (c)you agree not to copy or reproduce the Pre-Alpha Information;
(d) you agree to take reasonable precautions to prevent any unauthorized use, access, disclosure, publication, or dissemination of Pre-Alpha Information, including preventing access to the Game by others.
(e) you certify that the Limited Access Game will only be used for evaluation and testing purposes, and will not be rented, sold, leased, sublicensed, assigned, or otherwise transferred.
(f) you agree that the forum provided by DHS shall be the only manner by which you will discuss or disclose Pre-Alpha Information.
(g) agree that DHS will be free to use any information you provide in connection with the Pre-Alpha Test Phase to DHS for any purpose.
(h) agree to use and evaluate the Pre-Alpha Test Phase diligently and to complete and promptly return progress, feedback, and error reports requested by DHS.
(i) agree to carry out the evaluation and testing personally and not provide access to Pre-Alpha Information to any other person.
(j) agree that your obligation to keep the Pre-Alpha Information confidential will continue until DHS publicly distributes, or has otherwise disclosed to the public through no fault of yours, the Pre-Alpha Information and the content that you are testing.
(k) agree that participation in Pre-Alpha Test Phase as a Player is voluntary and does not create a legal partnership, agency, or employment relationship between you and DHS, and neither you nor DHS has any authority to bind the other.
(l) agree that you are responsible for any Internet connection fees that you incur when accessing the Pre-Alpha Test Phase.
5.4 Definition of Confidential Information.
The Pre-Alpha Test Phase and any information concerning Pre-Alpha Information, including all aspects of the status of the game until DHS has determined the game is no longer in the Pre-Alpha Test Phase or requires an NDA, and any other information disclosed by DHS to you in connection with this Agreement. Confidential Information, however, does not include: information that is now or subsequently becomes generally available to the public through no fault or breach on your part. All Confidential Information remains the sole property of DHS.
5.5 License Grant
Subject to your compliance with the terms and conditions of this Agreement, DHS hereby grants you a license to use the Pre-Alpha Test Phase made available to you solely for the purpose of testing and evaluating the Game. Except as otherwise explicitly permitted under this Agreement, this license does not grant you the right to use the Game for any other purpose, or to disclose, reproduce, distribute, modify or create derivative works, decompile, reverse engineer, or disassemble the Game, or to publish articles or books (whether electronic or hard copy) based in whole or in part on the Game or your use thereof. Except as expressly set forth herein, no other rights or licenses are granted or to be implied under any DHS intellectual property.
5.6 No Warranty
The Limited Access Game is provided for testing and evaluation on an “as is” and “as available” basis and DHS makes no warranty to you of any kind, express or implied. DHS does not promise or guarantee to you that the Game will made available to anyone in the future. Nothing in this Agreement shall be construed as granting you any rights or privileges of any kind with respect to the Pre-Alpha Information or any other content.
5.7 Equitable Relief
You hereby acknowledge and agree that unauthorized disclosure or use of Confidential Information could cause irreparable harm and significant injury to DHS that may be difficult to ascertain DHS. Consequently, in addition to such monetary and other relief as may be recoverable at law, you agree that DHS shall be entitled to specific performance or other injunctive relief, without bond, other security, or proof of damages, as remedy for any breach or threatened breach of this Agreement.
5.8 Term and Termination
This Agreement shall remain effective until terminated. Both you and DHS may terminate this Agreement at any time for any reason or for no reason. Termination by DHS will be effective upon with or without notice to you, termination of your access to the Pre-Alpha Test Phase, or its decision to permanently discontinue offering and/or supporting the Pre-Alpha Test Phase, which it may do at any time in its sole discretion. You may terminate this Agreement any time by notifying DHS at info@islandsofnyne.com. DHS may require from you a written certification that you have completely destroyed and purged all electronic memories of the Pre-Alpha Test Phase and any other Pre-Alpha Information in which case all of your obligations under this Agreement will continue to bind you until you have fully complied with the foregoing requirement. Upon termination of this Agreement for breach, your right to use the Pre-Alpha Test Phase shall immediately cease. Following termination of this Agreement or Pre-Alpha Test Phase for any reason, the provisions of Sections 5.3, 5.4 and 5.7, will continue to bind the parties.
6. ANTI-CHEAT
This License Agreement ("Agreement") is made between you (the "Licensee") and BattlEye Innovations e.K. (the "Licensor"). The terms of this Agreement apply to all current and future versions and updates of BattlEye anti-cheat software ("BattlEye").
By installing, enabling or using BattlEye, Licensee agrees with all the terms of this Agreement. Licensor reserves all rights not specifically granted and transferred to Licensee.
Licensee understands, acknowledges and agrees with the following:
- Licensor grants Licensee a non-exclusive and non-transferable license to use BattlEye for non-commercial purposes only. Licensee therefore does not own BattlEye, Licensor remains the owner of BattlEye.
- Licensor provides BattlEye on an "as is" basis without warranty of any kind. Licensor neither guarantees the correct, error-free functioning of BattlEye nor is Licensor responsible for any damage caused by the use of BattlEye.
- Licensee may not decompile, disassemble, reverse-engineer, modify or redistribute BattlEye in any way.
- BattlEye will automatically, without notice to Licensee, download and install updates from time to time.
- BattlEye may scan Licensee's entire random access memory (RAM), and any game-related and system-related files and folders on Licensee's system using cheat-program-identifying algorithms, report results of such algorithms to other connected computers and/or to Licensor and store such information for the sole purpose of preventing and detecting the use of cheat programs. BattlEye only scans and/or reports data which absolutely needs to be scanned and/or reported to meet this purpose.
- BattlEye may further report and store Licensee's Internet Protocol address, game account name and identifier, in-game nickname, and system-related and hardware-related information including, but not limited to, device identifiers and hardware serial numbers.
- Licensor values Licensee's privacy and does its utmost to protect it at all times. BattlEye does not report any personally identifiable information or personal data except for any information/data specifically mentioned herein.
- Licensor stores all information collected by BattlEye on servers located in Europe and/or the US. Licensor may share the information with its partners and/or affiliates.
- Licensee acknowledges that the invasive nature of BattlEye is necessary to meet its purpose and goal of preventing and detecting cheat programs.
- Licensor is allowed to terminate the license at any time for any reason and without notice to Licensee.
This License Agreement constitutes the entire agreement between Licensor and Licensee and supersedes any prior statements.
Islands of Nyne: Battle Royale
Last updated on May 3rd, 2017
This Islands of Nyne: Battle Royale End User License Agreement (the 'Agreement'), describe the terms by which Define Human Studios LLC ('DHS’') offers you: (i) the right to download and install and/or use the Islands of Nyne: Battle Royale (the ‘Game’) software, content, and related documentation.
By clicking the “I Accept” button, you agree to be legally bound by the terms of this Agreement, and you represent that you are of legal age in your jurisdiction and are accepting this Agreement it its entirety either on behalf of yourself or your minor child. By clicking the “I Decline” button, you do not accept this Agreement, and are not permitted to download or use the Software or access the Game. If you disable or otherwise bypass the “I Accept” button, and copy, download, install, or access the Software, or otherwise play the Game, you will have been deemed to have accepted the terms of this Agreement.
DHS reserves the right to modify this Agreement in whole or in part, from time to time at its sole and absolute discretion, and to provide you with notice of such modifications by any reasonable means, including, without limitation, by making available the revised version thereof through downloading of the Game client. You can determine when the Agreement was last revised by referring to the “Last Updated” legend at the top of the Agreement. Your continued use of the Game following our making available any revised version of the Agreement will mean that you accept the revised version. If you do not agree to any changes made to the Agreement, you may not access or use the Software, and you may not play the Game.
WARNING: READ BEFORE PLAYING
A VERY SMALL PERCENTAGE OF INDIVIDUALS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR FLASHING LIGHTS. EXPOSURE TO CERTAIN PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN, OR WHILE PLAYING VIDEO GAMES, MAY INDUCE AN EPILEPTIC SEIZURE IN THESE INDIVIDUALS. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN PERSONS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY.
IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO PLAYING. IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE PLAYING A VIDEO OR COMPUTER GAME -- DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS -- IMMEDIATELY DISCONTINUE USE AND CONSULT YOUR PHYSICIAN BEFORE RESUMING PLAY.
1. SERVICES AND CONTENT OF Islands of Nyne: Battle Royale
1.1 DHS Agreements and Policies
The Game is a multiplayer online competitive game, developed and published by Define Human Studios. Your use of the Software, the Game and your access to and use of the Sites is subject at all times to this Agreement, as well as the any other applicable rules or restrictions set forth in the Game and on the Sites.
1.2 Software and Gameplay
To play the Game, you must: (a) download and/or access the Game from Steam, (b) have at least the minimum system requirements to operate the Software and/or the Game, and (d) have an Internet connection to download and play the Game. In addition to any applicable fees described in this Agreement, you are responsible for paying any and all applicable taxes (including those we are not required to collect) and for all hardware, software, Internet service and other costs you incur to access the Software, and the Game.
You acknowledge that online games evolve over time and system requirements to play the Game may change over time. You may need to upgrade your system (or obtain a new system) to play the Game. You agree that DHS retains the unfettered right to modify any and all aspects of its games, and that DHS has been making, is making, and will continue to make changes to its games. You further acknowledge that DHS can, in its discretion, modify features, functions or abilities of any element of the Game, that may in turn change the direction of the game.
1.3 Third Party Conduct
You acknowledge that DHS is a service provider, and that the Game permits interaction between users online regarding topics and content chosen by users of the Game through chat functionality or otherwise. Accordingly, you will not expect DHS to control the quality, morality, legality, truthfulness or accuracy of User Content within the Game or related services (e.g. voice chat, user typed chat, user board, forums or website posts, and so forth). Under no circumstances will DHS be liable for any errors or omissions in any postings or for any loss or damages of any kind incurred as a result of the use of any information contained within the Game or related services.
1.4 Scheduled and Unscheduled Service Interruptions
The Game is an 'online' game that must be played over the Internet. DHS reserves the right to interrupt, modify (including adding or removing servers), suspend, cancel or terminate the Software or the Game with or without prior notice for any reason or no reason. You agree that DHS will not be liable for any interruption, delay or failure of the Software and/or the Game to perform, and you understand that you shall not be entitled to any refund of fees for Paid Content or compensation for interruption to your use of the Software and/or the Game or any failure of the Software and/or the Game to perform. DHS has the right at any time for any reason or no reason to change and/or terminate any aspect of the Software and/or the Game as it sees fit in its sole discretion.
2. LICENSE TERMS AND INTELLECTUAL PROPERTY
2.1 Game License
The Software and the Game are not sold to you, but licensed according to the terms of this Agreement.
Subject to the terms of this Agreement we hereby grant to you a non-exclusive, non-transferable, revocable, limited right and license to: (a) install the Software solely for your personal, non-commercial use; (b) use the Software solely in connection with playing the Game via an authorized Account.
2.2 Ownership
DHS shall retain all rights, title and interest relating to or residing in the Software, the Game, all data in connection therewith, and all copies thereof, including without limitation, any titles, computer code, themes, objects, characters, names, stories, dialog, locations, concepts, artwork, landscape designs, animations, sounds, musical compositions and recordings, audio-visual effects, character likenesses, methods of operation, moral rights, and any related documentation and user manuals (collectively, 'Rights'). Except for the revocable, limited licenses expressly granted above, you acknowledge and agree that you have not and will not acquire or obtain any intellectual property rights or other rights, including any right of exploitation, of any kind into the Game, including any of the Rights listed above, and/or any compilation or copyrightable arrangement thereof, and that all such Rights are exclusively owned by DHS.
2.3 Limitations of License; Responsibilities of End User
The license granted to you in section 2.1 is limited. Any use of the Software, Game or any part thereof in violation of this Agreement is beyond the scope of the license granted to you and, therefore, infringes DHS's copyrights in and to the Software and/or the Game. You shall not, without express advance written permission from DHS: (a) copy (except to make one necessary back-up copy), distribute, sell, auction, rent, lease, loan, modify or create derivative works, adapt, translate, perform, display, sublicense or transfer all or any portion of the Game on, or through any medium; (b) reverse engineer, disassemble or decompile, or attempt to reverse engineer or otherwise derive code from, the Software except to the extent that this restriction is expressly prohibited by applicable law, or modify the Software to change the Game play; (c) create, facilitate, host, link to or provide any other means through which the Game may be played by others through interception, emulation or redirection of the communication protocols used by DHS, including without limitation through protocol emulation, tunneling, data mining, packet sniffing, modifying or adding components to the Game, use of a utility program, or any other technique now known or hereafter developed, for any purpose including but not limited to unauthorized network play over the Internet, network play utilizing commercial or non-commercial gaming networks, or as part of content aggregation networks; (d) create, facilitate, or maintain any unauthorized connection to the Game; (e) mine, decrypt, or modify any data transmitted between client and server; (f) use, post, host or distribute macros, 'bots' or other programs which would allow unattended game play or which otherwise impact game play, including without limitation any program which enables or facilitates mining, character kills, or level increases; (g) take any action which imposes an unreasonable or disproportionately large load on our infrastructure.
2.4 Consent to Monitor
When running, the Game may monitor your computer's random access memory for unauthorized third party programs running concurrently with the Game which, in DHS’ sole determination: (a) enable or facilitate cheating of any type; (b) allow users to modify or hack the Game interface, environment, and/or experience in any way not expressly authorized by DHS; or (c) intercept, 'mine' or otherwise collect information from or through the Game (an 'Unauthorized Third Party Program'). In the event that the Game detects an Unauthorized Third Party Program: (i) the Game may communicate information back to DHS, including without limitation your Account username, details about the Unauthorized Third Party Program detected and the activities or functions performed thereby, and/or (ii) DHS may exercise any or all of its rights and remedies under this Agreement without prior notice to the user linked to such Unauthorized Third Party Program. You acknowledge that any and all character data and other data that is stored and is resident on our servers, and any and all communications that you make within the Game (including, but not limited to, messages solely directed at another player or group of players) traverse through our servers, may or may not be monitored by us or our agents, you have no expectation of privacy in any such communications and you expressly consent to such monitoring of communications you send and receive.
3. TERMINATION
3.1 Termination by DHS
We may terminate this Agreement (including your Game license) and/or suspend your Account immediately and without notice if: (a) you violate any provision of this Agreement, (b) you infringe any intellectual property rights, (c) we are unable to verify or authenticate your copy of the Game, (d) upon game play, chat or any player activity (including activity on Game forum postings) whatsoever which we, in our sole discretion, determine is inappropriate and/or in violation of the spirit of the Game, and/or (e) upon any violation of any of the Rules. If we terminate this Agreement or suspend your Account under these circumstances, you will lose access to the Game for the duration of the suspension without any refund for any Paid Content that you may have purchased. We may also terminate this Agreement if we decide, in our sole discretion, to discontinue offering the Game. In such a case, all licenses set forth herein will immediately terminate without reimbursement or refund to you.
3.2 Termination by You
You may terminate this Agreement (including your Game license), the Game at any time: (a) by permanently deleting and/or destroying all copies of the Game in your possession or control, and (b) by removing the Game from your computer system. We do not provide full or partial refunds for Paid Content that you have purchased.
3.3 Survival
Sections 2.2 and 2.3 shall survive any termination of this Agreement.
4. NO EXPRESS OR IMPLIED WARRANTIES; LIMITATION OF LIABILITY
4.1 No Express or Implied Warranties
WE PROVIDE THE SOFTWARE, THE GAME, AND ALL OTHER SERVICES 'AS IS.' DHS EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. WITHOUT LIMITING THE FOREGOING, WE DO NOT ENSURE CONTINUOUS, ERROR-FREE, SECURE OR VIRUS-FREE OPERATION OF THE SOFTWARE, THE GAME, OR CONTINUED OPERATION OR AVAILABILITY OF ANY GIVEN SERVER, FEATURE, SERVICE, CONTENT, OR GAME-PLAY, AND DHS MAY CHANGE, MODIFY, SUSPEND OR REMOVE ANY SUCH SERVER FEATURE, SERVICE CONTENT GAME-PLAY IN ITS SOLE DISCRETION. This warranty gives you specific legal rights, and you may also have other legal rights that vary depending on your place of residence. Some jurisdictions do not allow limitations as to how long an implied warranty lasts and/or exclusions or limitations of consequential damages, so the above limitations and/or exclusions of liability may not apply to you. You may also have other legal rights which vary depending on your place of residence.
We are not liable for any delay or failure to perform resulting from any causes beyond our reasonable control. Further, we cannot and do not promise or ensure that you will be able to access the Game whenever you want, and there may be extended periods of time when you cannot access the Game. You assume the entire risk as to the results and performance of Software and the Game in connection with your hardware and software, and you assume the entire cost of all servicing, repair and/or correction of your hardware and software.
4.2 Disclaimers and Limitation of Liability
Islands of Nyne: Battle Royale 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. DHS, 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, DHS, Epic, and Epic’s affiliates make no warranty that (a) any of the Epic Materials will operate properly, including as integrated in the Game, (b) that the Epic Materials will meet your requirements, (c) that the operation of the Epic Materials will be uninterrupted, bug free, or error free in any or all circumstances, (d) that any defects in the Epic Materials can or will be corrected, (e) that the Epic Materials are or will be in compliance with a platform manufacturer’s rules or requirements, or (f) that a platform manufacturer has approved or will approve this Game, or will not revoke approval of this Game 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 DHS and Epic. DHS, 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 DHS, Epic, Epic’s licensors, nor its or their affiliates, nor any of DHS’s 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 Agreement, 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 DHS, Epic, Epic’s licensors, nor its or their affiliates, nor any of DHS’s 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 Agreement or the Epic Materials, or the delay or inability to use or lack of functionality of the Epic Materials, even in the event of DHS’s, 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 DHS, 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 DHS, Epic, Epic’s licensors, its and their affiliates, and any of DHS’s or Epic’s service providers shall be limited to the full extent permitted by law.
5. PRE-ALPHA TEST PHASE
5.1 Pre-Alpha Test Phase NDA
PLEASE READ THIS PRE-ALPHA TEST PHASE SOFTWARE CONFIDENTIALITY AGREEMENT (“PRE-ALPHA NDA AGREEMENT”) CAREFULLY. BY CLICKING THE “ACCEPT” BUTTON AT THE END OF THE AGREEMENT BELOW, OR BY PARTICIPATING IN THE PRE-ALPHA ACCESS PHASE, YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN CONTRACT SIGNED BY YOU. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK ON THE BUTTON THAT INDICATES THAT YOU DO NOT AGREE TO ACCEPT THE TERMS OF THIS AGREEMENT (IF APPLICABLE) AND DO NOT PARTICIPATE IN THE PRE-ALPHA TEST PHASE (AS DEFINED BELOW).
5.2 Definition of Pre-Alpha Test Phase.
The purpose of the Pre-Alpha Test Phase is to make limited access versions of Islands of Nyne: Battle Royale available for downloading online by individuals selected by DHS and who have entered into this Agreement for the purpose of providing DHS with feedback on the quality and usability of the Game and identifying program errors. The Pre-Alpha Test Phase as well as Confidential Information (as defined below) or related documentation are herein collectively referred to as “Pre-Alpha Information”.
5.3 Player’s obligations
As condition to participating in the Limited Access Phase as a Player you:
(a) acknowledge that DHS has not publicly shown the contents of the current game status; (b) Pre-Alpha Information is confidential or proprietary information of DHS and as such:
except as expressly permitted herein, agree you that you will not disclose, publish, capture gameplay content, livestream, post images, or disseminate Pre-Alpha Information to anyone. (c)you agree not to copy or reproduce the Pre-Alpha Information;
(d) you agree to take reasonable precautions to prevent any unauthorized use, access, disclosure, publication, or dissemination of Pre-Alpha Information, including preventing access to the Game by others.
(e) you certify that the Limited Access Game will only be used for evaluation and testing purposes, and will not be rented, sold, leased, sublicensed, assigned, or otherwise transferred.
(f) you agree that the forum provided by DHS shall be the only manner by which you will discuss or disclose Pre-Alpha Information.
(g) agree that DHS will be free to use any information you provide in connection with the Pre-Alpha Test Phase to DHS for any purpose.
(h) agree to use and evaluate the Pre-Alpha Test Phase diligently and to complete and promptly return progress, feedback, and error reports requested by DHS.
(i) agree to carry out the evaluation and testing personally and not provide access to Pre-Alpha Information to any other person.
(j) agree that your obligation to keep the Pre-Alpha Information confidential will continue until DHS publicly distributes, or has otherwise disclosed to the public through no fault of yours, the Pre-Alpha Information and the content that you are testing.
(k) agree that participation in Pre-Alpha Test Phase as a Player is voluntary and does not create a legal partnership, agency, or employment relationship between you and DHS, and neither you nor DHS has any authority to bind the other.
(l) agree that you are responsible for any Internet connection fees that you incur when accessing the Pre-Alpha Test Phase.
5.4 Definition of Confidential Information.
The Pre-Alpha Test Phase and any information concerning Pre-Alpha Information, including all aspects of the status of the game until DHS has determined the game is no longer in the Pre-Alpha Test Phase or requires an NDA, and any other information disclosed by DHS to you in connection with this Agreement. Confidential Information, however, does not include: information that is now or subsequently becomes generally available to the public through no fault or breach on your part. All Confidential Information remains the sole property of DHS.
5.5 License Grant
Subject to your compliance with the terms and conditions of this Agreement, DHS hereby grants you a license to use the Pre-Alpha Test Phase made available to you solely for the purpose of testing and evaluating the Game. Except as otherwise explicitly permitted under this Agreement, this license does not grant you the right to use the Game for any other purpose, or to disclose, reproduce, distribute, modify or create derivative works, decompile, reverse engineer, or disassemble the Game, or to publish articles or books (whether electronic or hard copy) based in whole or in part on the Game or your use thereof. Except as expressly set forth herein, no other rights or licenses are granted or to be implied under any DHS intellectual property.
5.6 No Warranty
The Limited Access Game is provided for testing and evaluation on an “as is” and “as available” basis and DHS makes no warranty to you of any kind, express or implied. DHS does not promise or guarantee to you that the Game will made available to anyone in the future. Nothing in this Agreement shall be construed as granting you any rights or privileges of any kind with respect to the Pre-Alpha Information or any other content.
5.7 Equitable Relief
You hereby acknowledge and agree that unauthorized disclosure or use of Confidential Information could cause irreparable harm and significant injury to DHS that may be difficult to ascertain DHS. Consequently, in addition to such monetary and other relief as may be recoverable at law, you agree that DHS shall be entitled to specific performance or other injunctive relief, without bond, other security, or proof of damages, as remedy for any breach or threatened breach of this Agreement.
5.8 Term and Termination
This Agreement shall remain effective until terminated. Both you and DHS may terminate this Agreement at any time for any reason or for no reason. Termination by DHS will be effective upon with or without notice to you, termination of your access to the Pre-Alpha Test Phase, or its decision to permanently discontinue offering and/or supporting the Pre-Alpha Test Phase, which it may do at any time in its sole discretion. You may terminate this Agreement any time by notifying DHS at info@islandsofnyne.com. DHS may require from you a written certification that you have completely destroyed and purged all electronic memories of the Pre-Alpha Test Phase and any other Pre-Alpha Information in which case all of your obligations under this Agreement will continue to bind you until you have fully complied with the foregoing requirement. Upon termination of this Agreement for breach, your right to use the Pre-Alpha Test Phase shall immediately cease. Following termination of this Agreement or Pre-Alpha Test Phase for any reason, the provisions of Sections 5.3, 5.4 and 5.7, will continue to bind the parties.
6. ANTI-CHEAT
This License Agreement ("Agreement") is made between you (the "Licensee") and BattlEye Innovations e.K. (the "Licensor"). The terms of this Agreement apply to all current and future versions and updates of BattlEye anti-cheat software ("BattlEye").
By installing, enabling or using BattlEye, Licensee agrees with all the terms of this Agreement. Licensor reserves all rights not specifically granted and transferred to Licensee.
Licensee understands, acknowledges and agrees with the following:
- Licensor grants Licensee a non-exclusive and non-transferable license to use BattlEye for non-commercial purposes only. Licensee therefore does not own BattlEye, Licensor remains the owner of BattlEye.
- Licensor provides BattlEye on an "as is" basis without warranty of any kind. Licensor neither guarantees the correct, error-free functioning of BattlEye nor is Licensor responsible for any damage caused by the use of BattlEye.
- Licensee may not decompile, disassemble, reverse-engineer, modify or redistribute BattlEye in any way.
- BattlEye will automatically, without notice to Licensee, download and install updates from time to time.
- BattlEye may scan Licensee's entire random access memory (RAM), and any game-related and system-related files and folders on Licensee's system using cheat-program-identifying algorithms, report results of such algorithms to other connected computers and/or to Licensor and store such information for the sole purpose of preventing and detecting the use of cheat programs. BattlEye only scans and/or reports data which absolutely needs to be scanned and/or reported to meet this purpose.
- BattlEye may further report and store Licensee's Internet Protocol address, game account name and identifier, in-game nickname, and system-related and hardware-related information including, but not limited to, device identifiers and hardware serial numbers.
- Licensor values Licensee's privacy and does its utmost to protect it at all times. BattlEye does not report any personally identifiable information or personal data except for any information/data specifically mentioned herein.
- Licensor stores all information collected by BattlEye on servers located in Europe and/or the US. Licensor may share the information with its partners and/or affiliates.
- Licensee acknowledges that the invasive nature of BattlEye is necessary to meet its purpose and goal of preventing and detecting cheat programs.
- Licensor is allowed to terminate the license at any time for any reason and without notice to Licensee.
This License Agreement constitutes the entire agreement between Licensor and Licensee and supersedes any prior statements.