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END USER LICENCE AGREEMENT
Please read carefully the following End User License Agreement (hereafter referred to as the “Agreement”) before installing Rocket Valley Tycoon (hereafter referred to as the “Game Software”). Your installation and use of this Game Software indicates your acceptance of the terms of this Agreement as set forth by Rocket Cola Studio (hereafter referred to as the “Company”).
Your use of this Game Software is also subject to Terms and Conditions set forth in the Steam Subscriber Agreement and/or any other Terms and Conditions set forth by Valve Corporation in relation to the Steam Service.
If you agree to the terms set forth in this Agreement, select “I ACCEPT” to install the Game Software and to indicate your acceptance of these terms and your understanding of the conditions of using the Game Software.
If you do not agree to the terms set forth in this Agreement, select “I DO NOT ACCEPT” and the Company shall not grant to you the Licence (defined below) to the Game Software.
1. USER’S ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS
The Game Software is offered subject to your compliance with all of the terms and conditions contained herein and all other operating rules, policies and procedures. Any material modifications to the Agreement will also be brought to your attention by posting at the Rocket Cola Studio website (www.rocketcolastudio.com) and will be communicate through the Steam service. Such material modifications will be effective immediately and will apply to disputes arising under the Agreement from the date of posting forward. Your continued use of the Game Software after a modification has been made to the Agreement constitutes your acceptance of such modification.
2. LIMITED USE LICENSE
The term “Game Software” includes the software included in this video game, the associated media, any software associated with the online mode of the video game (subject to any additional terms of use applicable to such online mode), any printed materials, manuals, any online or electronic documentation, and any and all copies of such software and materials. Rocket Cola Studio grants to you the non-exclusive, non-transferable, limited right and license to install and use one (1) copy of the Game Software on one (1) computer hard drive at any given time solely for your personal use (the “License”). All rights not specifically granted under this License are hereby reserved by the Company and, as applicable, by its licensors. The Game Software is licensed to you, not sold. This License does not give you any title or ownership in the Game Software, and should not be construed as a sale or transfer of any intellectual property or other rights to the Game Software. DUPLICATION, COPYING OR ANY FORM OF REPRODUCTION OF THE SOFTWARE OR RELATED INFORMATION, MATERIALS OR OTHER CONTENT TO ANY OTHER SERVER OR LOCATION FOR THE PURPOSES OF DUPLICATION, COPYING OR ANY OTHER FORM OF REPRODUCTION IS EXPRESSLY AND EXPLICITLY PROHIBITED.
3. NO RIGHT TO OWNERSHIP
YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE SOFTWARE, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL SUCH RIGHTS ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF PSYONIX. You agree and acknowledge that all title, ownership rights, and intellectual property rights connected with the Game Software and any and all copies thereof (including but not limited to any derivative works, titles, computer code, themes, objects, characters, character names, stories, dialogs, catch phrases, locations, concepts, artwork, graphics, animation, sounds, musical compositions, audio-visual effects, text, screen displays, methods of operation, moral rights, “applets” incorporated into the Game Software, and any related documentation) are owned by Rocket Cola Studio or its licensors.
The Game Software is protected by the copyright laws of the European Union and the United States, international copyright treaties and conventions, United States, European Union and common law trademark laws, and other laws. All rights are reserved worldwide. The Game Software contains certain materials licensed by Rocket Cola Studio from others, and Rocket Cola Studio and Rocket Cola Studio ‘s licensors may protect their rights in the event of any violation of this Agreement.
4. NO SALE OR ASSIGNMENT
Rocket Cola Studio does not recognize the transfer of the Game Software, with the exception of Virtual Currency and Virtual Goods as defined in Section 6 below. Other than Virtual Currency and Virtual Goods, you may not give, purchase, sell, bargain, barter, market, trade, offer for sale, sell, license, assign or otherwise divest your rights, responsibilities or obligations under the Agreement, either in whole or in part, without the prior written consent of Rocket Cola Studio. Any attempt to do so shall be void and of no effect.
5. LICENSE CONDITIONS AND RESTRICTIONS
You agree to only use the Game Software, or any part of it, in a manner that is consistent with this License and you SHALL NOT:
(a) without written permission from Rocket Cola Studio, use, advertise or exploit in any manner the Game Software or any of its parts commercially, including but not limited to use at a cyber (Internet) café, computer gaming center or any other location-based site, but excluding purely not-for-profit use in which no compensation in the form of payment or benefit is received;
(b) without a separate, additional license from Rocket Cola Studio, use the Game Software or permit the use of the Game Software, on more than one computer, game console, handheld device or PDA at the same time;
(c) use the Game Software, or permit use of the Game Software, in a network, multi-user arrangement or remote access arrangement, including any online use, except as otherwise explicitly permitted by Rocket Cola Studio in writing;
(d) make copies of, sell, rent, lease, license, distribute or otherwise transfer this Game Software or any part thereof, except that you may make one (1) copy of the Game Software for backup or archival purposes, or make copies of the materials accompanying the Game Software for non-commercial backup and reference only;
(e) Notwithstanding the foregoing, you may permanently transfer all of your rights and obligations under the License to another person for non-commercial use by physically transferring the original Game Software media (e.g., the CD-ROM or DVD you purchased), all original packaging and all manuals or other documentation distributed with the Game Software; provided, however, that you permanently delete all copies and installations of the Game Software in your possession or control, and that the recipient agrees to the terms of this Agreement. You shall be solely responsible for any taxes, fees, duties, withholdings, charges and assessments that may be due in connection with such transfer.
(f) reverse engineer, derive source code, modify, decompile, disassemble, or create derivative works of the Game Software, in whole or in part (except as the applicable law expressly permits, in which case all and any lawful modifications, adaptations, improvements, etc., and all copyrights and morale rights therein, shall be deemed assigned to, and shall belong to, vest in and be the exclusive property of Rocket Cola Studio and/or its licensors on creation, in any event);
g) remove, disable or circumvent any security protections or any technical measures that control access to the Game Software;
(h) remove, modify, deface or circumvent any proprietary notices or labels contained on or within the Game Software;
(i) export or re-export the Game Software or any copy or adaptation in violation of any applicable laws or regulations; or
(j) create data or executable programs that mimic data or functionality in the Game Software.
Furthermore, you agree that you shall abide by the safety information, maintenance instructions or other relevant notices contained in the manual that is included with the Game Software.
6. VIRTUAL CURRENCY AND VIRTUAL GOODS
If the Game Software allows you to purchase and/or earn through play a license to use Virtual Currency and Virtual Goods, the following additional terms and conditions apply.
(1) The Software may enable users to (i) use fictional Virtual Currency as a medium of exchange exclusively within the Game Software and (ii) gain access to (and certain limited rights to use) Virtual Goods within the Software. Regardless of the terminology used, Virtual Currency and Virtual Goods represent a limited license right governed by this Agreement. Subject to the terms of and compliance with this Agreement, the Company hereby grants you the nonexclusive, non-transferable, non-sublicensable, limited and revocable right and license to use Virtual Currency and Virtual Goods obtained by you for your personal non-commercial gameplay exclusively within the Software. Except as otherwise prohibited by applicable law, Virtual Currency and Virtual Goods obtained by you are licensed to you, and you hereby acknowledge that no title or ownership in or to Virtual Currency and Virtual Goods is being transferred or assigned hereunder. This Agreement should not be construed as a sale of any rights in Virtual Currency and Virtual Goods.
Virtual Currency and Virtual Goods do not act as a substitute for real currency. You are prohibited from converting Virtual Currency and Virtual Goods into a unit of value outside of the Software, such as actual currency or actual goods. You acknowledge and agree that Rocket Cola Studio may revise or take action that impacts the perceived value of or purchase price for any Virtual Currency and/or Virtual Goods at any time except as prohibited by applicable law. Virtual Currency and Virtual Goods do not incur fees for non-use; provided, however, that the license granted hereunder to Virtual Currency and Virtual Goods will terminate in accordance with the terms and conditions of this Agreement and the Game Software documentation, when Rocket Cola Studio ceases providing the Game Software, or this Agreement is otherwise terminated. Rocket Cola Studio, in its sole discretion, reserves the right to charge fees for the right to access or use Virtual Currency and Virtual Goods and/or may distribute Virtual Currency and Virtual Goods with or without charge.
(2) You may have the ability to purchase Virtual Currency and Virtual Goods from Rocket Cola Studio for the completion of certain activities or accomplishments in the Game Software. For example, Rocket Cola Studio may provide Virtual Currency and Virtual Goods upon the completion of an in-game activity, such as attaining a new level or completing a task. Once obtained, Virtual Currency and/or Virtual Goods will be credited to your User Account. You may purchase Virtual Currency and Virtual Goods only within the Game Software, or through a platform, participating third-party online store, application store, or other store authorized by Rocket Cola Studio (all referred to herein as “Software Store”). Purchase and use of in-game items or currency through a Software Store are subject to the Software Store’s governing documents, including but not limited to, the Terms of Service and User Agreement. Rocket Cola Studio may offer discounts or promotions on the purchase of Virtual Currency, and such discounts and promotions may be modified or discontinued by Rocket Cola Studio at any time without notice to you. Upon completing an authorized purchase of Virtual Currency from a Software Store, the amount of purchased Virtual Currency will be credited to your User Account. Rocket Cola Studio shall establish a maximum amount you may spend to purchase Virtual Currency per transaction and/or per day, which may vary depending on the associated Software. Psyonix, in its sole discretion, may impose additional limits on the amount of Virtual Currency you may purchase or use, how you may use Virtual Currency, and the maximum balance of Virtual Currency that may be credited to your User Account. You are solely responsible for all Virtual Currency purchases made through your User Account regardless of whether or not authorized by you.
(3) You can access and view your available Virtual Currency and Virtual Goods in your User Account when logged into your User Account. Rocket Cola Studio reserves the right, in its sole discretion, to make all calculations regarding the available Virtual Currency and Virtual Goods in your User Account. Rocket Cola Studio further reserves the right, in its sole discretion, to determine the amount of and manner in which Virtual Currency is credited and debited from your User Account in connection with your purchase of Virtual Goods or for other purposes. While Rocket Cola Studio strives to make all such calculations on a consistent and reasonable basis, you hereby acknowledge and agree that Rocket Cola Studio’s determination of the available Virtual Currency and Virtual Goods in your User Account is final, unless you can provide documentation to Rocket Cola Studio that such calculation was or is intentionally incorrect.
(4) All purchased in-game Virtual Currency and/or Virtual Goods may be consumed or lost by players in the course of gameplay according to the game’s rules applicable to currency and goods, which may vary depending on the associated Game Software. Virtual Currency and Virtual Goods may only be used within the Game Software, and Rocket Cola Studio, in its sole discretion, may limit use of Virtual Currency and Virtual Goods to a single game. The authorized uses and purposes of Virtual Currency and Virtual Goods may change at any time. Your available Virtual Currency and Virtual Goods as shown in your User Account will be reduced each time you use Virtual Currency and Virtual Goods within the Game Software. The use of any Virtual Currency and/or Virtual Goods constitutes a demand against and withdrawal from your available Virtual Currency and Virtual Goods in your User Account. You must have sufficient available Virtual Currency and/or Virtual Goods in your User Account in order to complete a transaction within the Game Software. Virtual Currency and Virtual Goods in your User Account may be reduced without notice upon the occurrence of certain events related to your use of the Game Software. You are responsible for all uses of Virtual Currency and Virtual Goods through your User Account, regardless of whether or not authorized by you. You must notify Rocket Cola Studio immediately upon discovering the unauthorized use of any Virtual Currency and/or Virtual Goods made through your User Account by submitting a request to info@rocketcolastudio.com.
(5) Virtual Currency and Virtual Goods may only be redeemed for in-game goods and services. You may not sell, lease, license, or rent Virtual Currency and Virtual Goods. Virtual Currency and Virtual Goods may only be redeemed for in-game goods or services and are not redeemable for any sum of money or monetary value or other goods from Rocket Cola Studio or any other person or entity at any time, except as expressly provided herein or otherwise required by applicable law. Virtual Currency and Virtual Goods have no cash value, and neither Rocket Cola Studio nor any other person or entity has any obligation to exchange your Virtual Currency and Virtual Goods for anything of value, including, but not limited to, real currency.
(6) All purchases of Virtual Currency and Virtual Goods are final and under no circumstances will such purchases be refundable, transferable, or exchangeable. Except as prohibited by applicable law, Rocket Cola Studio has the absolute right to manage, regulate, control, modify, suspend, and/or eliminate such Virtual Currency and Virtual Goods as it sees fit in its sole discretion, and the Company shall have no liability to you or anyone else for the exercise of such rights.
(7) Any transferring, trading, selling, or exchanging of any Virtual Currency and Virtual Goods to anyone, other than in gameplay using the Game Software as expressly authorized by Rocket Cola Studio (“Unauthorized Transactions”), including, but not limited to, among other users of the Game Software, is not sanctioned by Rocket Cola Studio and is strictly forbidden. Rocket Cola Studio reserves the right, in its sole discretion, to terminate, suspend, or modify your User Account and your Virtual Currency and Virtual Goods and terminate this Agreement if you engage in, assist in, or request any Unauthorized Transactions. All users who participate in such activities do so at their own risk and hereby agree to indemnify and hold harmless Rocket Cola Studio, its partners, licensors, affiliates, contractors, officers, directors, employees, and agents from all damages, losses and expenses arising directly or indirectly from such actions. You acknowledge that Rocket Cola Studio may request that the applicable Software Store stop, suspend, terminate, discontinue, or reverse any Unauthorized Transaction, regardless of when such Unauthorized Transaction occurred (or has yet to occur) when it suspects or has evidence of fraud, violations of this Agreement, violations of any applicable law or regulation, or any intentional act designed to interfere or that otherwise has the effect of or may have the effect of intervening in any way with the operation of the Game Software. If Rocket Cola Studio believes or has any reason to suspect that you have engaged in an Unauthorized Transaction, you further agree that Company may, in its sole discretion, restrict your access to your available Virtual Currency and Virtual Goods in your User Account or terminate or suspend your User Account and your rights to any Virtual Currency, Virtual Goods and other items associated with your User Account.
7. GAME SOFTWARE UPDATES AND PATCHES
Rocket Cola Studio may provide updates, patches and other modifications to the Game Software that must be installed for the user to continue to play the game properly or at all. Rocket Cola Studio may update, patch or modify the Game Software remotely and access the Game Software residing on your machine for such purpose, and you hereby grant to Rocket Cola Studio the right to deploy and apply such patches, updates and modifications. All provisions of this Agreement that refer to the “Game Software” shall also include all such patches, updates and modifications.
8. TERM AND TERMINATION
Without prejudice to any other rights of Rocket Cola Studio, the License shall remain in effect for as long as you use, operate or run the Game Software. The License shall terminate automatically if you fail to comply with its terms and conditions. In such event, you must uninstall and destroy all copies of the Game Software. You may also terminate the License at any time by destroying the Game Software and uninstalling it from your computer(s) or other applicable hardware. The Sections entitled “Ownership,” “License Conditions and Restrictions,” “Limitations on Damages,” “Term and Termination,” “Injunction,” “Indemnity,” “Choice of Law and Jurisdiction,” and “Miscellaneous” shall survive any termination of this License.
The provisions of Sections 1, 2, 3, 4, 8, 9, 11, 12 and 13 survive any termination of this Agreement.
9. INJUNCTION
Because Rocket Cola Studio would be irreparably damaged if the terms of this Agreement were not specifically enforced, you agree that Rocket Cola Studio shall be entitled, without bond or other security or proof of damages, to take such action as may be required, including seeking an injunction and other equitable remedies, in addition to any other remedies available to it under the applicable law.
10. INDEMNITY
You agree to indemnify, defend and hold harmless Rocket Cola Studio, its partners, affiliates, contractors, licensors, officers, directors, employees and agents from all claims, damages, costs and expenses (including reasonable legal fees) arising directly or indirectly from your acts or omissions in connection with using the Game Software or any breach by you of the terms of this Agreement.
11. AGREEMENT AMENDMENTS
Rocket Cola Studio reserves the right to amend this Agreement at any time, at its sole discretion, but will post such changes on the Rocket Cola Studio website and will communicate such changes through the Steam service. If any such future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you may terminate this Agreement in accordance with the above Termination provisions. Your installation and use of any updates or modifications to the Game Software or your continued use of the Game Software following notice of changes to this Agreement will constitute your acceptance of any and all such changes to the terms of this Agreement.
12. PLAYER DATA
When launching Rocket Valley Tycoon, you give us permission to use your Steam Data(ID and display name) in order to authenticate you with GameSparks server and provide you with Virtual Goods Services and Cloud Save. To use steam micro transactions, you agree to give us access to your local currency code.
Data Encryption
The GameSparks service implements encryption to safeguard your data. The storage used by the databases supporting the GameSparks service is encrypted using AWS EBS encryption. All communication between clients and the GameSparks service is encrypted using the Transport Layer Security (TLS) protocol.
Data Storage Locations
All Plater Data are stored in Europe - Ireland. We do not transfer any data stored by the game outside of this country, with the exception of backups which we replicate to other countries in the same region.
13. MISCELLANEOUS
This Agreement represents the complete agreement between you and Rocket Cola Studio concerning the License and your rights to use the Game Software, and supersedes all prior agreements and representations, warranties or understandings between you and Rocket Cola Studio (whether negligently or innocently made but excluding those made fraudulently), regarding the same subject matter. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and the remaining provisions of this Agreement shall remain in full force and not be affected.
All access to and use of the Game Software is subject to this Agreement, the applicable Software documentation, Rocket Cola Studio’s Terms of Service, Rocket Cola Studio’s Privacy Policy, and all terms and conditions of the Terms of Service are hereby incorporated into this Agreement by this reference. To the extent there is a conflict between this Agreement and the Terms of Service, this Agreement shall control. If any part of the Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. Any failure by Rocket Cola Studio to enforce or exercise any provision of the Agreement or related rights shall not constitute a waiver of that right or provision.
Rocket Cola Studio may assign this Agreement, in whole or in part, at any time. Notwithstanding, you may not assign, transfer or sublicense any or all of your rights or obligations under the Agreement without Rocket Cola Studio’s express prior written consent. Rocket Cola Studio’s performance of the Agreement is subject to existing laws and legal process, and nothing contained in the Agreement is in derogation of Rocket Cola Studio’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Software or information provided to or gathered by Rocket Cola Studio with respect to such use. In addition to any excuse provided by applicable law, Rocket Cola Studio shall be excused from liability for non-delivery or delay in delivery of the Game Software arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, terrorism, fire, denial of service attack, internet outages, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above. The parties agree that all correspondence relating to this Agreement shall be written in the English language.
If you have any questions concerning this Agreement or the License contained therein, you may contact Rocket Cola Studio at info@rocketcolastudio.com.
I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING END USER LICENSE AGREEMENT AND AGREE THAT MY USE OF THE SOFTWARE IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY THE END USER LICENSE AGREEMENT.
Please read carefully the following End User License Agreement (hereafter referred to as the “Agreement”) before installing Rocket Valley Tycoon (hereafter referred to as the “Game Software”). Your installation and use of this Game Software indicates your acceptance of the terms of this Agreement as set forth by Rocket Cola Studio (hereafter referred to as the “Company”).
Your use of this Game Software is also subject to Terms and Conditions set forth in the Steam Subscriber Agreement and/or any other Terms and Conditions set forth by Valve Corporation in relation to the Steam Service.
If you agree to the terms set forth in this Agreement, select “I ACCEPT” to install the Game Software and to indicate your acceptance of these terms and your understanding of the conditions of using the Game Software.
If you do not agree to the terms set forth in this Agreement, select “I DO NOT ACCEPT” and the Company shall not grant to you the Licence (defined below) to the Game Software.
1. USER’S ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS
The Game Software is offered subject to your compliance with all of the terms and conditions contained herein and all other operating rules, policies and procedures. Any material modifications to the Agreement will also be brought to your attention by posting at the Rocket Cola Studio website (www.rocketcolastudio.com) and will be communicate through the Steam service. Such material modifications will be effective immediately and will apply to disputes arising under the Agreement from the date of posting forward. Your continued use of the Game Software after a modification has been made to the Agreement constitutes your acceptance of such modification.
2. LIMITED USE LICENSE
The term “Game Software” includes the software included in this video game, the associated media, any software associated with the online mode of the video game (subject to any additional terms of use applicable to such online mode), any printed materials, manuals, any online or electronic documentation, and any and all copies of such software and materials. Rocket Cola Studio grants to you the non-exclusive, non-transferable, limited right and license to install and use one (1) copy of the Game Software on one (1) computer hard drive at any given time solely for your personal use (the “License”). All rights not specifically granted under this License are hereby reserved by the Company and, as applicable, by its licensors. The Game Software is licensed to you, not sold. This License does not give you any title or ownership in the Game Software, and should not be construed as a sale or transfer of any intellectual property or other rights to the Game Software. DUPLICATION, COPYING OR ANY FORM OF REPRODUCTION OF THE SOFTWARE OR RELATED INFORMATION, MATERIALS OR OTHER CONTENT TO ANY OTHER SERVER OR LOCATION FOR THE PURPOSES OF DUPLICATION, COPYING OR ANY OTHER FORM OF REPRODUCTION IS EXPRESSLY AND EXPLICITLY PROHIBITED.
3. NO RIGHT TO OWNERSHIP
YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE SOFTWARE, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL SUCH RIGHTS ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF PSYONIX. You agree and acknowledge that all title, ownership rights, and intellectual property rights connected with the Game Software and any and all copies thereof (including but not limited to any derivative works, titles, computer code, themes, objects, characters, character names, stories, dialogs, catch phrases, locations, concepts, artwork, graphics, animation, sounds, musical compositions, audio-visual effects, text, screen displays, methods of operation, moral rights, “applets” incorporated into the Game Software, and any related documentation) are owned by Rocket Cola Studio or its licensors.
The Game Software is protected by the copyright laws of the European Union and the United States, international copyright treaties and conventions, United States, European Union and common law trademark laws, and other laws. All rights are reserved worldwide. The Game Software contains certain materials licensed by Rocket Cola Studio from others, and Rocket Cola Studio and Rocket Cola Studio ‘s licensors may protect their rights in the event of any violation of this Agreement.
4. NO SALE OR ASSIGNMENT
Rocket Cola Studio does not recognize the transfer of the Game Software, with the exception of Virtual Currency and Virtual Goods as defined in Section 6 below. Other than Virtual Currency and Virtual Goods, you may not give, purchase, sell, bargain, barter, market, trade, offer for sale, sell, license, assign or otherwise divest your rights, responsibilities or obligations under the Agreement, either in whole or in part, without the prior written consent of Rocket Cola Studio. Any attempt to do so shall be void and of no effect.
5. LICENSE CONDITIONS AND RESTRICTIONS
You agree to only use the Game Software, or any part of it, in a manner that is consistent with this License and you SHALL NOT:
(a) without written permission from Rocket Cola Studio, use, advertise or exploit in any manner the Game Software or any of its parts commercially, including but not limited to use at a cyber (Internet) café, computer gaming center or any other location-based site, but excluding purely not-for-profit use in which no compensation in the form of payment or benefit is received;
(b) without a separate, additional license from Rocket Cola Studio, use the Game Software or permit the use of the Game Software, on more than one computer, game console, handheld device or PDA at the same time;
(c) use the Game Software, or permit use of the Game Software, in a network, multi-user arrangement or remote access arrangement, including any online use, except as otherwise explicitly permitted by Rocket Cola Studio in writing;
(d) make copies of, sell, rent, lease, license, distribute or otherwise transfer this Game Software or any part thereof, except that you may make one (1) copy of the Game Software for backup or archival purposes, or make copies of the materials accompanying the Game Software for non-commercial backup and reference only;
(e) Notwithstanding the foregoing, you may permanently transfer all of your rights and obligations under the License to another person for non-commercial use by physically transferring the original Game Software media (e.g., the CD-ROM or DVD you purchased), all original packaging and all manuals or other documentation distributed with the Game Software; provided, however, that you permanently delete all copies and installations of the Game Software in your possession or control, and that the recipient agrees to the terms of this Agreement. You shall be solely responsible for any taxes, fees, duties, withholdings, charges and assessments that may be due in connection with such transfer.
(f) reverse engineer, derive source code, modify, decompile, disassemble, or create derivative works of the Game Software, in whole or in part (except as the applicable law expressly permits, in which case all and any lawful modifications, adaptations, improvements, etc., and all copyrights and morale rights therein, shall be deemed assigned to, and shall belong to, vest in and be the exclusive property of Rocket Cola Studio and/or its licensors on creation, in any event);
g) remove, disable or circumvent any security protections or any technical measures that control access to the Game Software;
(h) remove, modify, deface or circumvent any proprietary notices or labels contained on or within the Game Software;
(i) export or re-export the Game Software or any copy or adaptation in violation of any applicable laws or regulations; or
(j) create data or executable programs that mimic data or functionality in the Game Software.
Furthermore, you agree that you shall abide by the safety information, maintenance instructions or other relevant notices contained in the manual that is included with the Game Software.
6. VIRTUAL CURRENCY AND VIRTUAL GOODS
If the Game Software allows you to purchase and/or earn through play a license to use Virtual Currency and Virtual Goods, the following additional terms and conditions apply.
(1) The Software may enable users to (i) use fictional Virtual Currency as a medium of exchange exclusively within the Game Software and (ii) gain access to (and certain limited rights to use) Virtual Goods within the Software. Regardless of the terminology used, Virtual Currency and Virtual Goods represent a limited license right governed by this Agreement. Subject to the terms of and compliance with this Agreement, the Company hereby grants you the nonexclusive, non-transferable, non-sublicensable, limited and revocable right and license to use Virtual Currency and Virtual Goods obtained by you for your personal non-commercial gameplay exclusively within the Software. Except as otherwise prohibited by applicable law, Virtual Currency and Virtual Goods obtained by you are licensed to you, and you hereby acknowledge that no title or ownership in or to Virtual Currency and Virtual Goods is being transferred or assigned hereunder. This Agreement should not be construed as a sale of any rights in Virtual Currency and Virtual Goods.
Virtual Currency and Virtual Goods do not act as a substitute for real currency. You are prohibited from converting Virtual Currency and Virtual Goods into a unit of value outside of the Software, such as actual currency or actual goods. You acknowledge and agree that Rocket Cola Studio may revise or take action that impacts the perceived value of or purchase price for any Virtual Currency and/or Virtual Goods at any time except as prohibited by applicable law. Virtual Currency and Virtual Goods do not incur fees for non-use; provided, however, that the license granted hereunder to Virtual Currency and Virtual Goods will terminate in accordance with the terms and conditions of this Agreement and the Game Software documentation, when Rocket Cola Studio ceases providing the Game Software, or this Agreement is otherwise terminated. Rocket Cola Studio, in its sole discretion, reserves the right to charge fees for the right to access or use Virtual Currency and Virtual Goods and/or may distribute Virtual Currency and Virtual Goods with or without charge.
(2) You may have the ability to purchase Virtual Currency and Virtual Goods from Rocket Cola Studio for the completion of certain activities or accomplishments in the Game Software. For example, Rocket Cola Studio may provide Virtual Currency and Virtual Goods upon the completion of an in-game activity, such as attaining a new level or completing a task. Once obtained, Virtual Currency and/or Virtual Goods will be credited to your User Account. You may purchase Virtual Currency and Virtual Goods only within the Game Software, or through a platform, participating third-party online store, application store, or other store authorized by Rocket Cola Studio (all referred to herein as “Software Store”). Purchase and use of in-game items or currency through a Software Store are subject to the Software Store’s governing documents, including but not limited to, the Terms of Service and User Agreement. Rocket Cola Studio may offer discounts or promotions on the purchase of Virtual Currency, and such discounts and promotions may be modified or discontinued by Rocket Cola Studio at any time without notice to you. Upon completing an authorized purchase of Virtual Currency from a Software Store, the amount of purchased Virtual Currency will be credited to your User Account. Rocket Cola Studio shall establish a maximum amount you may spend to purchase Virtual Currency per transaction and/or per day, which may vary depending on the associated Software. Psyonix, in its sole discretion, may impose additional limits on the amount of Virtual Currency you may purchase or use, how you may use Virtual Currency, and the maximum balance of Virtual Currency that may be credited to your User Account. You are solely responsible for all Virtual Currency purchases made through your User Account regardless of whether or not authorized by you.
(3) You can access and view your available Virtual Currency and Virtual Goods in your User Account when logged into your User Account. Rocket Cola Studio reserves the right, in its sole discretion, to make all calculations regarding the available Virtual Currency and Virtual Goods in your User Account. Rocket Cola Studio further reserves the right, in its sole discretion, to determine the amount of and manner in which Virtual Currency is credited and debited from your User Account in connection with your purchase of Virtual Goods or for other purposes. While Rocket Cola Studio strives to make all such calculations on a consistent and reasonable basis, you hereby acknowledge and agree that Rocket Cola Studio’s determination of the available Virtual Currency and Virtual Goods in your User Account is final, unless you can provide documentation to Rocket Cola Studio that such calculation was or is intentionally incorrect.
(4) All purchased in-game Virtual Currency and/or Virtual Goods may be consumed or lost by players in the course of gameplay according to the game’s rules applicable to currency and goods, which may vary depending on the associated Game Software. Virtual Currency and Virtual Goods may only be used within the Game Software, and Rocket Cola Studio, in its sole discretion, may limit use of Virtual Currency and Virtual Goods to a single game. The authorized uses and purposes of Virtual Currency and Virtual Goods may change at any time. Your available Virtual Currency and Virtual Goods as shown in your User Account will be reduced each time you use Virtual Currency and Virtual Goods within the Game Software. The use of any Virtual Currency and/or Virtual Goods constitutes a demand against and withdrawal from your available Virtual Currency and Virtual Goods in your User Account. You must have sufficient available Virtual Currency and/or Virtual Goods in your User Account in order to complete a transaction within the Game Software. Virtual Currency and Virtual Goods in your User Account may be reduced without notice upon the occurrence of certain events related to your use of the Game Software. You are responsible for all uses of Virtual Currency and Virtual Goods through your User Account, regardless of whether or not authorized by you. You must notify Rocket Cola Studio immediately upon discovering the unauthorized use of any Virtual Currency and/or Virtual Goods made through your User Account by submitting a request to info@rocketcolastudio.com.
(5) Virtual Currency and Virtual Goods may only be redeemed for in-game goods and services. You may not sell, lease, license, or rent Virtual Currency and Virtual Goods. Virtual Currency and Virtual Goods may only be redeemed for in-game goods or services and are not redeemable for any sum of money or monetary value or other goods from Rocket Cola Studio or any other person or entity at any time, except as expressly provided herein or otherwise required by applicable law. Virtual Currency and Virtual Goods have no cash value, and neither Rocket Cola Studio nor any other person or entity has any obligation to exchange your Virtual Currency and Virtual Goods for anything of value, including, but not limited to, real currency.
(6) All purchases of Virtual Currency and Virtual Goods are final and under no circumstances will such purchases be refundable, transferable, or exchangeable. Except as prohibited by applicable law, Rocket Cola Studio has the absolute right to manage, regulate, control, modify, suspend, and/or eliminate such Virtual Currency and Virtual Goods as it sees fit in its sole discretion, and the Company shall have no liability to you or anyone else for the exercise of such rights.
(7) Any transferring, trading, selling, or exchanging of any Virtual Currency and Virtual Goods to anyone, other than in gameplay using the Game Software as expressly authorized by Rocket Cola Studio (“Unauthorized Transactions”), including, but not limited to, among other users of the Game Software, is not sanctioned by Rocket Cola Studio and is strictly forbidden. Rocket Cola Studio reserves the right, in its sole discretion, to terminate, suspend, or modify your User Account and your Virtual Currency and Virtual Goods and terminate this Agreement if you engage in, assist in, or request any Unauthorized Transactions. All users who participate in such activities do so at their own risk and hereby agree to indemnify and hold harmless Rocket Cola Studio, its partners, licensors, affiliates, contractors, officers, directors, employees, and agents from all damages, losses and expenses arising directly or indirectly from such actions. You acknowledge that Rocket Cola Studio may request that the applicable Software Store stop, suspend, terminate, discontinue, or reverse any Unauthorized Transaction, regardless of when such Unauthorized Transaction occurred (or has yet to occur) when it suspects or has evidence of fraud, violations of this Agreement, violations of any applicable law or regulation, or any intentional act designed to interfere or that otherwise has the effect of or may have the effect of intervening in any way with the operation of the Game Software. If Rocket Cola Studio believes or has any reason to suspect that you have engaged in an Unauthorized Transaction, you further agree that Company may, in its sole discretion, restrict your access to your available Virtual Currency and Virtual Goods in your User Account or terminate or suspend your User Account and your rights to any Virtual Currency, Virtual Goods and other items associated with your User Account.
7. GAME SOFTWARE UPDATES AND PATCHES
Rocket Cola Studio may provide updates, patches and other modifications to the Game Software that must be installed for the user to continue to play the game properly or at all. Rocket Cola Studio may update, patch or modify the Game Software remotely and access the Game Software residing on your machine for such purpose, and you hereby grant to Rocket Cola Studio the right to deploy and apply such patches, updates and modifications. All provisions of this Agreement that refer to the “Game Software” shall also include all such patches, updates and modifications.
8. TERM AND TERMINATION
Without prejudice to any other rights of Rocket Cola Studio, the License shall remain in effect for as long as you use, operate or run the Game Software. The License shall terminate automatically if you fail to comply with its terms and conditions. In such event, you must uninstall and destroy all copies of the Game Software. You may also terminate the License at any time by destroying the Game Software and uninstalling it from your computer(s) or other applicable hardware. The Sections entitled “Ownership,” “License Conditions and Restrictions,” “Limitations on Damages,” “Term and Termination,” “Injunction,” “Indemnity,” “Choice of Law and Jurisdiction,” and “Miscellaneous” shall survive any termination of this License.
The provisions of Sections 1, 2, 3, 4, 8, 9, 11, 12 and 13 survive any termination of this Agreement.
9. INJUNCTION
Because Rocket Cola Studio would be irreparably damaged if the terms of this Agreement were not specifically enforced, you agree that Rocket Cola Studio shall be entitled, without bond or other security or proof of damages, to take such action as may be required, including seeking an injunction and other equitable remedies, in addition to any other remedies available to it under the applicable law.
10. INDEMNITY
You agree to indemnify, defend and hold harmless Rocket Cola Studio, its partners, affiliates, contractors, licensors, officers, directors, employees and agents from all claims, damages, costs and expenses (including reasonable legal fees) arising directly or indirectly from your acts or omissions in connection with using the Game Software or any breach by you of the terms of this Agreement.
11. AGREEMENT AMENDMENTS
Rocket Cola Studio reserves the right to amend this Agreement at any time, at its sole discretion, but will post such changes on the Rocket Cola Studio website and will communicate such changes through the Steam service. If any such future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you may terminate this Agreement in accordance with the above Termination provisions. Your installation and use of any updates or modifications to the Game Software or your continued use of the Game Software following notice of changes to this Agreement will constitute your acceptance of any and all such changes to the terms of this Agreement.
12. PLAYER DATA
When launching Rocket Valley Tycoon, you give us permission to use your Steam Data(ID and display name) in order to authenticate you with GameSparks server and provide you with Virtual Goods Services and Cloud Save. To use steam micro transactions, you agree to give us access to your local currency code.
Data Encryption
The GameSparks service implements encryption to safeguard your data. The storage used by the databases supporting the GameSparks service is encrypted using AWS EBS encryption. All communication between clients and the GameSparks service is encrypted using the Transport Layer Security (TLS) protocol.
Data Storage Locations
All Plater Data are stored in Europe - Ireland. We do not transfer any data stored by the game outside of this country, with the exception of backups which we replicate to other countries in the same region.
13. MISCELLANEOUS
This Agreement represents the complete agreement between you and Rocket Cola Studio concerning the License and your rights to use the Game Software, and supersedes all prior agreements and representations, warranties or understandings between you and Rocket Cola Studio (whether negligently or innocently made but excluding those made fraudulently), regarding the same subject matter. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and the remaining provisions of this Agreement shall remain in full force and not be affected.
All access to and use of the Game Software is subject to this Agreement, the applicable Software documentation, Rocket Cola Studio’s Terms of Service, Rocket Cola Studio’s Privacy Policy, and all terms and conditions of the Terms of Service are hereby incorporated into this Agreement by this reference. To the extent there is a conflict between this Agreement and the Terms of Service, this Agreement shall control. If any part of the Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. Any failure by Rocket Cola Studio to enforce or exercise any provision of the Agreement or related rights shall not constitute a waiver of that right or provision.
Rocket Cola Studio may assign this Agreement, in whole or in part, at any time. Notwithstanding, you may not assign, transfer or sublicense any or all of your rights or obligations under the Agreement without Rocket Cola Studio’s express prior written consent. Rocket Cola Studio’s performance of the Agreement is subject to existing laws and legal process, and nothing contained in the Agreement is in derogation of Rocket Cola Studio’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Software or information provided to or gathered by Rocket Cola Studio with respect to such use. In addition to any excuse provided by applicable law, Rocket Cola Studio shall be excused from liability for non-delivery or delay in delivery of the Game Software arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, terrorism, fire, denial of service attack, internet outages, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above. The parties agree that all correspondence relating to this Agreement shall be written in the English language.
If you have any questions concerning this Agreement or the License contained therein, you may contact Rocket Cola Studio at info@rocketcolastudio.com.
I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING END USER LICENSE AGREEMENT AND AGREE THAT MY USE OF THE SOFTWARE IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY THE END USER LICENSE AGREEMENT.