END USER LICENSE AGREEMENT

IMPORTANT: PLEASE READ THIS END USER LICENSE AGREEMENT CAREFULLY BEFORE USING THIS SOFTWARE.

This End User License Agreement (“EULA”) governs your use of the Abrakadaboom software, its associated upgrades, patches, and updates and related services (the “Product”) currently provided or which will be provided by Argonauts Studios SAS (“Argonauts Studios”).

Abrakadaboom’s Privacy Policy (“Privacy Policy”), which can be found at https://www.abrakadaboom-game.com/en/privacy-policy, forms an integral part of this EULA. By receiving, installing or using the Product, you agree that this EULA is a legally binding and valid contract and you agree to be bound both by (1) this EULA and (2) the Privacy Policy at all time.

If you do not agree to be bound by this agreement, do not install or use the Product. You may want to contact the distributing platform where you made your purchase and/or received your copy of the Product to return it, and if applicable, get a refund.

Argonauts Studios reserves the right to change, modify, add or delete articles in this EULA at any time, in accordance with the procedures described below in Article 7.

THIS EULA IS APPLICABLE ONLY TO THE EXTENT AUTHORISED BY LAW.

THIS PRODUCT IS LICENSED TO YOU, NOT SOLD.
Argonauts Studios grants you a personal, non-exclusive, non-transferable, non-commercial, non-sublicensed licence to install and/or use the Product, for the duration of this EULA. Modifications such as updates, upgrades or patches may be necessary in order to be able to continue to use the Product on certain hardware.

As applicable, certain parts of the Product may be using third party services or features, some of which might be managed by third-party providers for which additional terms and/or costs may apply. You must comply with such additional terms. Please review such additional terms and costs carefully.

The Product and the license herein granted shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole or in part.

You shall not create, use and/or distribute computer programs for this Product that allows you or another Product user to cheat or get any kind of advantage over other end users in multiplayer games whether online or not.

You shall use the Product in compliance with all applicable laws and regulations.

The Product contains copyrighted material, trade secrets and other proprietary material.

You shall not (neither attempt to), modify, reverse engineer, disassemble or decompile the Product. Nor can you create any derivative works or other works that are based upon or derived from the Product in whole or in part.

Argonauts Studios (or its licensors when applicable), retains sole and exclusive ownership of all title, ownership rights and intellectual property rights in, to and relative to the Product and thereof own any and all copies.

The Product is protected by national and international laws, copyright treaties and conventions and other laws.

The Product may contain certain licensed materials. In that case, Argonauts Studios licensors may protect their rights in the event of any violation of this Agreement.

All rights not expressly granted in this EULA are reserved by Argonauts Studios.
This License confers no title or ownership in the Product and should not be construed as a sale of any rights in the Product.

This Product may be distributed through a digital third-party service (“Distributing Service”). In such case, you hereby agree, acknowledge and consent that (1) an internet connection, (2) an account for the Distributing Service, (3) an installation of the Distributing Service’s client software and (4) registration of the Product with a single-use serial code, may all be required to play and access online services and features of this product.
Argonauts Studios shall, in no event, be liable in connection with the Distributing Service, its services, softwares or associated components.

Restrictions of age may be imposed to access online services and features in compliance with local laws.

YOU EXPRESSLY ACKNOWLEDGE THAT USE OF THE PRODUCT IS AT YOUR OWN RISK.

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE PRODUCT AND THE ACCOMPANYING FILES ARE PROVIDED "AS IS" AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY OR OTHER TERMS INCLUDING AS TO: (1) ITS CONFORMITY, COMPLETENESS, RELIABILITY OR SECURITY; (2) ITS SUITABILITY FOR A SPECIFIC USE; (3) IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT; (4) ITS MARKET VALUE; OR (5) YOUR SATISFACTION.

ARGONAUTS STUDIOS DOES NOT WARRANT THAT THE PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PRODUCT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT WILL ARGONAUTS STUDIOS AND ITS PARTNERS BE LIABLE FOR LOSS OR DAMAGE SUFFERED IN CONNECTION WITH THE USE OF THE PRODUCT OR ANY RELATED THIRD PARTY SERVICE.
NOTWITHSTANDING THE AFOREMENTIONED LIMITATIONS OF LIABILITY, YOUR SOLE REMEDY IN THE EVENT OF A DISPUTE WITH ARGONAUTS STUDIOS AND ITS PARTNERS IS TO CEASE TO USE THE PRODUCT; AND IF APPLICABLE, SEEK DAMAGES FOR YOUR LOSSES.

IN NO EVENT ARGONAUTS STUDIOS AND ITS PARTNERS WILL BE LIABLE FOR DAMAGES IN EXCESS OF ANY AMOUNT YOU HAVE PAID TO ARGONAUTS STUDIOS FOR THE PRODUCT DURING THE TWELVE (12) MONTHS IMMEDIATELY PRIOR TO THE TIME YOUR CAUSE OF ACTION AROSE.

You hereby agree to indemnify, hold harmless, and defend Argonauts Studios, its employees, agents, distributors and others partners against any and all claims or alleged claims, liabilities, proceedings, demand and costs attributable directly or indirectly from your fault and/or resulting (1) a violation of any provision of this EULA or (2) your use or misuse of the Product.

The provisions of this Article 5 shall remain in force after termination of this EULA.

The EULA is effective from the earlier of the date you purchase, download or use the Product, until terminated according to its terms.

You and Argonauts Studios may terminate this EULA, at any time, for any reason. Termination by Argonauts Studios will be effective upon (1) notice to You or (2) at the time of Argonauts Studios’ decision to discontinue offering and/or supporting the Product. Any failure to comply with the terms and conditions of this EULA will result in automatic and immediate termination of this license. Upon termination of this license granted herein for any reason, you agree to immediately cease use of the Product and destroy all copies of the Product supplied under this EULA.

The financial obligations incurred by you shall survive the expiration or termination of this license.

Argonauts Studios reserves the right, in its sole and absolute discretion, to revise, update, change, modify, add to, supplement, or delete certain terms of this EULA for security, legal, best practice or regulatory reasons. Such changes will be effective with or, as applicable, without prior notice to You.

You can review the most current version of this EULA by (1) clicking on the “EULA” link located on the Product or Product Store page provided by the Distributing Service if available or (2) on https://www.abrakadaboom.com. You are responsible for checking this EULA periodically for changes. If any future changes to this EULA are unacceptable to You or cause You to no longer be in agreement or compliance with this EULA, You may terminate this EULA in accordance with Article 6 and must immediately uninstall the Product and destroy all copies of the Product. Your continued use of the Product following any revision to this EULA constitutes Your complete and irrevocable acceptance of any and all such changes.
Argonauts Studios may modify the Product for any reason or without any specific reason, at any time and at its entire discretion, in particular for technical reasons such as updates, maintenance operations and/or resets to improve and/or optimize the Product. You agree that the Product may install or download the modifications automatically. You agree that Argonauts Studios may stop to support previous versions of the Product upon availability of an updated version.

You agree that Argonauts Studios may collect and use information gathered in any manner as part of the Product support services provided to you, if any.

When you are using the Product, the Product may monitor your hardware random access memory (RAM) for unauthorized third party programs that interact with the Product as prohibited by Article 1. In the event that the Product detects such an unauthorized third party program, information may be communicated back to Argonauts Studios, including your internet protocol (IP) address and any information that might help (1) identify your licenced copy of the Product, (2) the prohibited third party program.
If the Product detects the use of an unauthorized third party program, Argonauts Studios reserve the right, with or without additional notice to you, to either (a) terminate your access to the Product online features only, or (b) terminate this License and Your access to the Product.

When you are using the Product, the Product may, with or without additional notice to you, collect and communicate back to Argonauts Studios anonymous data to improve the Product. Such data may include, but is not limited to, crash reports, metrics relative to the performance of the game and your graphic settings, metrics relative to your gameplay experience such as average play time or most played levels.

This EULA, and any disputes or claims arising out of or in connection with it, or its subject matter, its formation or its validity are governed by and construed in accordance with the laws of France, without giving effect to any principles of conflicts of laws.

You hereby agree that the courts of France shall have exclusive jurisdiction to hear and decide any suit, action or proceedings, and/or to settle any disputes, which may arise out of or in connection with this EULA, its subject matter, its formation or validity, and for these purposes, irrevocably attorn and submit to the jurisdiction of the courts of France.

If any court of competent jurisdiction or competent authority finds that any provision of this EULA is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of this EULA shall not be affected. If any invalid, unenforceable or illegal provision of this EULA would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable to reflect Argonauts Studios’ initial intentions.

No failure or delay by Argonauts Studios to exercise any right or remedy provided under this EULA or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy. Waiver of a right or remedy may be considered to have taken place only after signing of a written statement to this effect by Argonauts Studios or by the user.

Abrakadaboom 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. Argonauts Studios SAS, 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, Argonauts Studios SAS, Epic, and Epic’s affiliates make no warranty that (1) any of the Epic Materials will operate properly, including as integrated in Abrakadaboom, (2) that the Epic Materials will meet your requirements, (3) that the operation of the Epic Materials will be uninterrupted, bug free, or error free in any or all circumstances, (4) that any defects in the Epic Materials can or will be corrected, (5) that the Epic Materials are or will be in compliance with a platform manufacturer’s rules or requirements, or (6) that a platform manufacturer has approved or will approve Abrakadaboom, or will not revoke approval of Abrakadaboom 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 Argonauts Studios SAS and Epic. Argonauts Studios SAS, 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 Argonauts Studios SAS, Epic, Epic’s licensors, nor its or their affiliates, nor any of Argonauts Studios SAS’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 EULA, including but not limited to loss of goodwill, work stoppage, computer failure, or malfunction, or any and all other commercial damages or losses. In no event will Argonauts Studios SAS, Epic, Epic’s licensors, nor its or their affiliates, nor any of Argonauts Studios SAS’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 EULA or the Epic Materials, or the delay or inability to use or lack of functionality of the Epic Materials, even in the event of Argonauts Studios SAS, 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 Argonauts Studios SAS, 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 Argonauts Studios SAS, Epic, Epic’s licensors, its and their affiliates, and any of Argonauts Studios SAS’s or Epic’s service providers shall be limited to the full extent permitted by law.


For any questions concerning this EULA, you may contact Argonauts Studios at: support@argonauts-studios.com.