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END USER LICENSE AGREEMENT

Latest update: May 2020

PLEASE CAREFULLY READ THIS END USER LICENSE AGREEMENT BEFORE INSTALLING THE GAME “THE UNCERTAIN: LIGHT AT THE END”.

This End User License Agreement (“EULA”) governs the use of the multimedia product The Uncertain: Light At The End (“Game”) currently provided or which will be provided by ComonGames LLC and/or Postmeta Games Limited (“LICENSOR” / “We“ / “Us”) on the websites https://theuncertaingame.ru/ or https://metapublishing.io (“Websites”).

This EULA is a binding legal agreement between Licensor and the purchasers or users (“You” /, “User”) of the Game provided on the Websites, which grants the User the limited, non-exclusive, non-sublicensable and non-transferable right to use the Game under the terms and conditions of the EULA.

By receiving, opening the file package, installing and/or using the Game containing this software, you agree to abide by the intellectual property laws and all of the terms and conditions of this EULA.

Licensor does not transfer the title of the Game to you, and the license granted to You hereunder is not a sale.

If you do not agree to be bound by this EULA, do not install and do not use, but remove the Game from your device now.

1. Grant of license

Licensor grants the User a limited, non-exclusive, non-transferable, non-sublicensable license to install and/or use the Game for private use for such time until the User or Licensor terminates the EULA.

The User shall not directly or indirectly (i) copy, sell, rent out, lease, license, distribute, market, exploit the Game or any of its parts commercially, (ii) reverse engineer, decompile, disassemble, adapt, reproduce, or create derivate works of the Game; (iii) remove, alter, disable or circumvent any copyright and trademark indications or other authorship and origin information, notices or labels contained on or within the Game.

Except as expressly set forth in the EULA, all rights not granted hereunder to the User are expressly reserved by Licensor. The Game and all the rights relating thereto remain the property of Licensor. Licensor retains sole and exclusive ownership of all right, title and interest in and to Game and all intellectual property rights relating thereto.

Updates, upgrades, patches and modifications may be necessary in order to be able to continue to use the Game on certain hardware.

The EULA does not confer any right or title to the Game and cannot be understood as the transfer of any intellectual property rights to the Game.

THIS GAME IS LICENSED TO YOU FOR PRIVATE USE, NOT SOLD.

While using the Game, the User agrees to comply will all applicable laws, rules and regulations and shall not use the Game for any unlawful purpose.

Each licensed copy of the Game may be used on one single device location by one User. Use of the Game means that You have loaded, installed, or run the Game on a computer or similar device. If You install the Game onto a multi-user platform, server or network, each and every individual User of the Game must be licensed separately.

Licensor notifies the Users on the Websites about the installation of the next version of the Game. The User agrees that in order to participate in the Game after installation of the next version of the Game it may be necessary to accept a new end user license agreement and other mandatory documents posted on the Websites.

The User acknowledges and agrees that Licensor has the right to change this EULA unilaterally by publishing notices of such changes on the Websites and/or by email and / or in the Game. The notification is considered received by the User one day after the publication of such notification on the main page of the Websites or in the news section and / or on the forum of the Websites. In case the User continues to use the Game means acceptance of the amended terms of the EULA.

2. Ownership of the Game

The Game contains copyrighted material, trade secrets and other proprietary material. The User recognises that all of the rights associated with the Game and its components (in particular the titles, computer codes, themes, characters, character names, plots, stories, dialogues, places, concepts, images, photographs, animation, videos, music and text contained in the Game), as well as the rights relating to the trademark, royalties and copyrights associated with the Game, are the property of Licensor and are protected by the Russian and international regulations and other laws, treaties, international laws and agreements concerning the intellectual property.

3. Use of the Game

The User is authorised to use the Game in accordance with the instructions provided in the manual or on the packaging of the Game.

The User undertakes not to sell, distribute, assign, transfer, sublicense or lease the Game to any third party.

The User can permanently transfer all of its rights under the EULA to the recipient, provided that the recipient agrees to the terms and conditions of the EULA and the User removes the Game from the User’s device. In this event, the User also undertakes to transfer to the recipient all components and documentation relating to the Game.

4. Termination of the License

The EULA is effective from the first time the Game is installed or used by the User.

The EULA may be terminated automatically by Licensor without notice if the User fails to adhere to the terms and conditions of the EULA. In such event, the User must immediately destroy the Game and delete the Game and any its part from the User’s device.

The User may terminate the EULA at any time by fully removing the Game from the User’s device.

5. Warranty

Licensor shall provide the technical support for the Game.

6. Warranty Limitation

THE GAME IS PROVIDED "AS IS" AND “AS AVAILABLE”. LICENSOR EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE GAME OF ANY KIND, EITHER EXPRESS OR IMPLIED, OTHER THAN THAT IS DETERMINED IN ARTICLE 5 OF THE EULA.

The User recognises expressly that the User uses the Game at his own risk.

The User shall be responsible for any costs arising from the repair and/or correction of the Game.

Licensor does not warrant that the Game will be uninterrupted or error-free, that defects will be corrected, or that the Game is free of viruses or other harmful components.

To the extent provided by the law, Licensor expressly disclaims any warranty relating to the market value of the Game, the User’s satisfaction or its capacity to perform the specific use.

The User is responsible for all risks connected with loss of profit, loss of data, errors and loss of business or other information as a result of owning or using the Game.

As some jurisdictions do not permit the aforementioned warranty limitation, it is possible that it may not apply to the User.

7. Limitation of Liability

In no event (including, without limitation, in the event of negligence) shall Licensor, its employees, agents or distributors be held liable for any direct, consequential, accidental, special, ancillary or other damages arising in connection with or arising out of or related to this EULA, from the use or inability to use the Game, as well as from the ownership or poor functioning thereof, even if Licensor has been advised of the possibility of such damages.

In particular, Licensor accepts no liability regarding the use of the Game contrary to the precautions for use as set out in the manual and on the packaging of the Game.

As some jurisdictions do not permit exemption from liability in the event of direct or incidental damage, it is possible that the aforementioned exclusion does not apply to the User.

Licensor's entire liability, without exception, is limited to the User' reimbursement of the purchase price of the Game in exchange for the return of the Game, all copies, registration papers and manuals, and all materials that constitute a transfer of license from the User back to Licensor.

This EULA to use the Game grants specific rights to the User and the User may have other rights, depending on the laws of his country.

8. Miscellaneous

This EULA and any dispute, claim or obligation (whether contractual or non-contractual) arising out of or in connection with it or its subject matter or formation shall be governed by the laws of the Republic of Cyprus, unless otherwise required by the law of the country where the User has his habitual residence.
The User hereby acknowledges that the User has read and understood the foregoing EULA and agrees that the action of installing and using the Game is an acknowledgment of the User’s agreement to be bound by the terms and conditions of the EULA contained herein. The User also acknowledges and agrees that this EULA is the complete and exclusive statement of the agreement between Licensor and the User.

9. Termination

Any failure to comply with the terms and conditions of this EULA will result in automatic and immediate termination of this EULA. Upon termination of this EULA and the license granted herein for any reason, You agree to immediately cease use of the Game and destroy all copies of the Game supplied under this EULA. The financial obligations incurred by You shall survive the expiration or termination of this EULA.

10. Consent of Use of Data

You agree that Licensor may anonymously collect and use information gathered in any manner as part of the product support services provided to You, if any, related to the Game. Licensor may also use this information to provide notices and send emails to You which may be of use or interest to You.
The data, which may be processed by Licensor, include Your email address.
The User is entitled to access, correct, delete such personal data, withdraw the consent for the personal data processing at any moment.
You can contact Us at support@metapublishing.io in respect to all your questions and requests related to the Personal Data processing.

Hereby You also give Your consent and accept the Privacy Policy and Terms and Conditions https://metapublishing.io/.

Licensor has the right to send messages using both the technical means provided under the EULA and by sending them directly to the User's email address. Licensor notifies the User that the messages may not be directly related to the Game, but the User can at any time refuse to receive such messages using the commands or settings that the Administrator undertakes to provide to the User.

The Personal Data Controller is Postmeta Games Limited with its registered number HE 395082 and the registered office in the Republic of Cyprus at Aigaiuo 83, office 104, Lakatamia, 2302, Nicosia, Cyprus. Postmeta Games Limited is the administrator of the Personal Data provided by the User.