END USER LICENCE AGREEMENT


Updated: November, 30th, 2023

This End User Licence Agreement (hereinafter referred to as “EULA”) is entered into between the user (hereinafter referred to as the “User”) of the video game called “Reign of Dwarf” (hereinafter referred to as the “Video Game”) and the company, ANKLEBREAKER STUDIO, 34 Rue du Président Wilson, 78230 Le Pecq (hereinafter referred to as the “Company”).

The Video Game refers to the game software, all of its components (including in particular characters, scenario, universe, computer codes, images, animations, videos, music, text, etc.), any downloadable content for the Video Game (including but not limited to DLC, expansion pack, battle pass, add-ons, add-on Video Game, any other game extension, etc.), as well as its documentation.

The EULA sets out the terms and conditions under which the User is authorized to download and/or use the Video Game available on Steam (hereinafter referred to as the “Platform”).

The Video Game is licensed on an individual basis subject to the User's acceptance of all the terms of the EULA.

Prerequisites

This user licence is granted to the User subject to the User's acceptance of (i) the terms of this EULA and (ii) the Platform's general terms of use, general terms of sale or any other contractual document governing the relationship between the User and the Platform.

Limited Use Licence

Subject to the User's compliance with the EULA, the Company grants the User the right to download, install, execute and display the Video Game on a computer hard drive (hereinafter the 'Hardware') for the sole purpose of enabling the User to play the Video Game. The right granted to the User is revocable, personal, non-exclusive and non-commercial.

The rights granted on the digital version of the Video Game can not be transferable to third party.

The licence granted is limited to the Video Game, to the exclusion of any remastered version, any remake or reboot, any sequel (e.g. prequel, sequel, spin-off), any portage or any other version of the Video Game.

All rights not expressly granted to the User under the EULA are reserved by the Company.

Restrictions

The licence granted by the Company to the User is limited to the provisions in Article 2 of the EULA. Any other use of the Video Game by the User is not authorized by the Company.

By way of example, the User is not authorized to:

Use the Video Game for commercial or promotional purposes in any way;
Use the Video Game on more than one device at a time;
Copy, reproduce, display, perform or use the Video Game in any manner not expressly authorized by this EULA;
Sell, rent, lease, licence, distribute, transfer, market, etc. the Video Game;
Reverse engineer the Video Game, derive the source code from it, modify it, adapt it, translate it, decompile it, disassemble it or create derivative works from it, in whole or in part;
Delete, disable, circumvent or modify any copyright notice, trademark or security technology that the Video Game contains;
Use the Video Game to infringe or violate the rights of third parties, including but not limited to intellectual property rights;
Use, export or re-export the Video Game in violation of any applicable laws or regulations;
Use the Video Game for illegal or immoral purposes.

The Video Game can only be downloaded from an authorized source.

The User cannot make the Video Game available on a network where it could be downloaded by others.

Intellectual Property Rights

4.1 Company’s Intellectual Property Rights

The User acknowledges and accepts that the EULA does not confer any title or ownership right to the User over the Video Game and should not be construed as a sale or transfer of intellectual property rights.

The Company holds all rights, titles and interests (including intellectual property rights) to the Video Game. The Company is thus the owner of all the rights to registered or unregistered trademarks, logos, registered or unregistered designs, copyrights (including titles, names, characters, sets, objects, story elements, narratives, dialogues, catchphrases, texts, screen displays, illustrations, graphics, animations, music, sound effects, related documentation, etc.) rights relating to databases, inventions, patents, trade secrets, know-how and other confidential information that the Company has developed or created, that it owns or for which it has been granted a licence to use.

Third Party’s Intellectual Property Rights

The Video Game may contain elements licensed to the Company by third parties. As such, the latter may take all measures to assert their rights in the event of a User violation of this EULA.

As such, third-party software and tools (the “Third-Party Software”) have been used in particular for the development of the Video Game and/or are likely to be integrated, as an inseparable element, into the Video Game. Third-Party Software may also be made available to enable User to create User-Generated Content.

All rights to the Third-Party Software are reserved and remain the full property of the relevant third parties.
Nothing in this licence has the purpose or effect of transferring to User, in any way whatsoever, the ownership of such Third-Party Software or of granting User any right or authorisation over such Third-Party Software.

Third-Party Software may be subject to specific additional conditions specific to them. This applies in particular to the Unreal® Engine developed by Epic Games, Inc., the conditions of use of which can be consulted at the following link https://unrealengine.com/fr/eula-reference/unreal-fr and according to the conditions of the Epic Marketplace (https://www.epicgames.com/site/en-US/tos?lang=en-US). By accepting this Licence Agreement, User accept the specific terms and conditions of all Third-Party Software. In the event of inconsistency or contradiction between the provisions relating to a Third-Party Software contained in the terms of this EULA and in the specific terms and conditions of said Third-Party Software, the specific provisions of the latter shall prevail over that of this Licence Agreement with regard to the aforementioned Third-Party Software.

Third-Party Software is not sold to User or provided with the Video Game and is only an inseparable component thereof. No guarantee is given in relation to the Third-Party Software and no responsibility can be held in this respect.

Updates, patches and changes

5.1 To ensure an optimal level of service, the Company or an authorized third party may make improvements, updates, modifications or corrections (hereinafter the 'Updates') to the Video Game.

The Company reserves the right to modify the Video Game's code at any time at its sole discretion. Such modifications may have an impact on the functionality of the Video Game or its content (e.g. adding or removing features or content, fixing bugs or errors, modifications intended for balancing the game, etc.).

5.2 For any User subject to a national law other than that of a member state of the European Union, these Updates may be automatically downloaded to the User's Hardware and may modify various aspects of the Video Game. The User expressly consents to these downloads.

5.3 For Users subject to the national law of a Member State of the European Union, the terms & conditions for downloading these Updates shall be specified by the provider of the Platform on which the Video Game was purchased by the User (hereinafter referred to as the 'Seller').

Information on the nature of these Updates and the period during which these Updates are available for download are communicated to the User by the Seller in the general terms of sale made available on the Platform.

Information relating to the essential characteristics of each Update (i.e. purpose of the Update, version of the operating system of the Hardware concerned by the Update, storage space required, possible consequences of the Update on the functioning of the Video Game) is communicated to the User before downloading the Update.

Technical protection devices

The Video Game may be protected by technical protection devices. As such, the User acknowledges that:

The number of installations or activations of the Video Game may be limited;
Certain files and/or data may be downloaded to User device and certain information may be collected for the purpose of authenticating the Video Game;
An internet connection may be required;
Some downloaded files or data may remain active after uninstalling the Video Game.

How to access the service

To download the Video Game from a computer, the User must have an internet connection.

User Generated Content

The Video Game may allow User, by means of tools or Third-Party Software made available by the Company or Company licensors (the "Licensors") to choose a pseudonym, create an avatar, exchange and communicate with other players, transmit and share messages, sounds, voices, recordings, texts, images, drawings, photos, documents as well as create and customise games, levels, maps, scenarios, and any other content (hereinafter "UGC"s), which may be used and shared as part of the Video Game. UGCs may be a creation of User imagination (an "Original UGC") or a creation made from pre-existing creations (a "Derivative UGC"), to which the Company and Company Licensors may have rights.

When the Video Game allows the sharing of UGCs or interaction with other third-party websites and/or online services ("Third-Party Sites"), User agrees to comply with the conditions of use of the Third-Party Sites in question. The Company is not responsible for their content. It is User responsibility to ensure that it complies with the conditions of use of the Third-Party Sites and that they are appropriate for User profile. User undertakes to relieve and hold harmless the Company from all liability relating to a possible violation of the conditions of use of the aforementioned site by User, as well as all damages, direct or indirect, which could result from it.

More generally, User are solely responsible for the creation, use and sharing of the UGC that User creates and must in any event comply with the terms of this EULA when creating/using/sharing a UGC.

User agrees and undertakes not to create and share a UGC that, in a non-limiting manner:

o May be illegal or likely to result in civil or criminal liability;
o May infringe the copyrights, trademarks, patents or any other intellectual and/or industrial property rights of a third party;
o May facilitate piracy, including any request for keys, CDs or pirated software;
o May include computer viruses, worms, logic bombs or other malicious software or harmful data;
o May be abusive, seditious, pornographic, offensive, homophobic, defamatory, insulting, slanderous, inaccurate, discriminatory, obscene, provocative or racist;
o May be likely to harass a person;
o Could be considered marketing or commercial communication or promotion of products or services from someone other than the Company;
o Would be likely to encourage illegal or unlawful activities, including but not limited to: solicitation, gambling or the sale of prescription drugs;
o May be aimed at minors or attempting to arrange meetings with minors with the intention of sexually abusing them, or whose object or effect would be to obtain such a meeting;
o May contain restricted material, including but not limited to passwords, medical information or confidential information about any person;
o In general, may contravene any law or regulation in force in the country of use of the Multimedia Program;
o May solicit, invite, encourage, recommend, incite or trigger any of the previous actions.

The Company can in no way be held responsible, without any limitation: for any alteration of the quality of the Video Game, for any alteration or loss of one of User UGCs during the creation/use/sharing of a UGC, or for the infringement of an intellectual property right held by a third party.

User agrees not to use the UGCs outside the Video Game in which they were generated, regardless of the purpose or means of extracting them from the program. In general, User is prohibited from extracting any component of the Video Game from the latter.

To the fullest extent permitted by applicable law, User hereby grants the Company and Company Licensors a non-exclusive licence, free of charge, for the entire world, and where applicable for the duration of the rights, irrevocable, fully transferable and sub-licensable, in any way whatsoever, of User UGC, whether Original UGCs or Derivative UGCs, and User contributions to them, as they are created and/or shared, including, but not limited to, the rights to use, copy, modify, reproduce in whole or in part, adapt, evolve, translate, carry on any medium, incorporate in other works, extract elements in whole or in part and/or add elements and remove, distribute, display, publish, communicate in any way whatsoever, distribute, sell and market the UGCs, without any restriction, on all media, formats and forms, currently known or subsequently designed, which may be licensed, transferred, rented, made available to the public, or performed publicly and globally, without any prior notice or compensation.

This operating licence is granted for the purposes of the distribution activities of the Video Game, creations of derivative works of the Video Game, the sharing of UGCs within the framework of the Video Game and the promotion of the Multimedia Program and the derivative works of the Video Game.

User may terminate this operating licence in the event of a breach by the Company of this EULA, if it has not remedied the breach following the sending of a letter of formal notice to execute the remedy within one (1) month, which has remained without effect.

Hereby and to the fullest extent permitted by applicable law, User agrees never to claim any moral rights of authorship, publication, reputation or attribution over the use of the UGC, by the Company, the Company Licensor or other players. Specific conditions of Company Licensors may apply to User UGCs and will be communicated to User if necessary.

Notwithstanding the foregoing, User acknowledges and agrees that the Derivative UGCs that User creates include content, goods and materials owned by the Company and/or its licensors. Such UGCs are derivative works of pre-existing works whose rights are owned by the Company or its Licensors. Nothing in this EULA, or any other document applicable to this contractual relationship, grants or bestows on User an assignment or transfer of rights (including any Intellectual Property Rights) to these pre-existing works used to create Derivative UGCs, which shall remain the property of the Company and/or its Licensors. As a result, UGCs resulting from pre-existing creations may not be used without the express authorization of the Company and/or its Licensors.

Limited Warranty

9.1 To the fullest extent permitted by applicable law, the Company does not guarantee the continuous or error-free operation of the Video Game or the correction of any errors in the Video Game.

THE VIDEO GAME IS PROVIDED WITHOUT WARRANTY OF ANY KIND, EXCEPT AS EXPRESSLY SET FORTH IN THIS EULA AND TO THE EXTENT PERMITTED BY APPLICABLE LAW. THE VIDEO GAME IS PROVIDED 'AS IS' AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OF THE VIDEO GAME, FITNESS FOR A PARTICULAR PURPOSE, SUFFICIENT QUALITY, PERFORMANCE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.

It is the User's responsibility to assume all risks resulting from the use or performance of the Video Game.

9.2 This limited warranty does not affect any legal rights of the User that cannot be excluded or limited in any way under applicable law.

9.3 For Users subject to the national law of a Member State of the European Union, the legal guarantees of conformity are communicated to the User by the Seller.

Limitation of Liability

10.1 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE IN ANY WAY FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF GOODWILL, LOSS OF PROFITS, LOSS OF DATA, PECUNIARY LOSS, OR ANY ECONOMIC OR PECUNIARY LOSS) RESULTING FROM THE USE OF THE VIDEO GAME, OR THE INABILITY TO USE THE VIDEO GAME, OR THE FAILURE OF THE MULTIMEDIA PROGRAM, OR EVEN ITS SOLE POSSESSION, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

The Company shall not be liable for any damage, injury or loss resulting from User negligence, accident or misuse or modification of the Video Game in any way whatsoever, after its purchase. In any event and insofar as the aforementioned limitations were not applicable under certain legislations, the Company's liability may not exceed the purchase price of the Video Game.

10.2 Nothing in this EULA shall limit or exclude the Company's liability to the User for death or personal injury resulting from its negligence to the extent that such limitation or exclusion is unlawful, unenforceable or void under applicable law.

10.3 Some countries do not allow the exclusions or limitations of liability set out in Article 10.1. Nothing in Article 10.1 shall affect the legal rights of the User, which under national law cannot be subject to exclusion or limitation. These rights may vary from country to country or from one legal system to another.

Indemnity

The User assumes full responsibility for any damage they may cause to the Company, its licensors, its distribution partners, associated service providers and subcontractors, other users of the Video Game and any other natural or legal person as a result of a breach of this EULA.

Duration - Termination

12.1 The EULA shall remain in effect until terminated. The User may terminate the EULA at any time by removing or uninstalling the Video Game from the Hardware and destroying the copy of the Video Game in their possession.

12.2 The EULA will be automatically terminated by the Company in the event of a breach by the User of any of the terms of the EULA or of the general terms of use, general terms of sale or any other contractual document of the Platform governing the relationship between the User and the Platform. In this case, the User must immediately remove the Video Game from the Hardware.

Warning on the risks of epilepsy and precautions to be taken when using a video game

In accordance with Decree No. 96-360 of 23 April 1996 relating to warnings concerning video games, the User must take note of the following provisions before any use of the Video Game by themselves or their child:

I. - Precautions to be taken in all cases when using a video game.

Avoid playing if you are tired or need sleep.

Make sure you play in a well-lit room moderating the brightness of your screen.

When you use a video game that may be connected to a screen, play at a safe distance from the TV screen and as far away as the connection cord allows.

During use, take breaks of ten to fifteen minutes every hour.

II.- Epilepsy warning.

Some people are susceptible to epileptic seizures, which may include loss of consciousness at the sight of certain types of strong light stimuli:

rapid succession of images or repetition of simple geometric figures, lightning or explosions. These people may experience seizures while playing video games with such stimuli, even when they have no medical history or were never subject to seizures.

Consult a doctor before use if you or a member of your family has ever had symptoms related to epilepsy (seizures or loss of consciousness) when exposed to flashing lights.

Parents should also pay close attention when their children play video games. If you or your child experience any of the following symptoms:
dizziness, blurred vision, eye or muscle twitching, disorientation, any involuntary movement or convulsions or loss of awareness stop playing immediately and consult a doctor.»

Additional Terms & Conditions

Additional and/or alternative terms & conditions may apply depending on the Platform on which the Video Game is purchased by the User. The Company cannot be held responsible for these additional and/or alternative terms & conditions established by third parties.

Personal Data

15.1 The Company considers personal information to be any information concerning the personal or material circumstances of an identified or identifiable individual (e.g. name, date of birth, and other information which enables the identification of specific individuals), as well as email addresses and other information associated with an individual.

15.2 The Company may collect the following personal data (the “Personal Data”):

- User name and email address if user contact the Company with a question;
- User Internet Protocol (IP) address;
- User SteamID and datas collected through SteamID services;
- Device information;
- Location information;
- Log information;
- Game data (such as User score and statistics, number of games, etc);
- Cookies and anonymous IDs;

15.2 The Company collects and processes Personal Data for the following reasons:

a) where it is necessary for the performance of the EULA or the providing of Video Game through the Platform;

b) where it is necessary for compliance with legal obligations that the Company is subject to;


c) where it is necessary for the purposes of the legitimate and legal interests of the Company, except where such interests are overridden by User prevailing legitimate interests and rights;

d) where User have given consent to it.

15.3 The Company can communicate and/or share Personal Data with its technical and IT providers, and providers or suppliers.

15.4 Personal Data are stored only as long as necessary for the purposes for which it was collected, and in accordance with the applicable law.

15.5 User has the right to access, rectify and delete its personal data, the right to limit their processing, to oppose it and the right to the portability of this data. User may exercise its rights at any time by contacting the Company at the following address rgpd@anklebreaker-studio.com, or at the registered office of the Company indicated in the header of this licence. If, after contacting the Company, User considers that its data protection rights are not respected, User also has the right to lodge a complaint with the French Data Protection Authority ("CNIL"). When processing of User personal data is based on User consent, User has the right to withdraw its consent at any time.


Anti-cheat software

The Company may use any anti-cheat software of its choice, and in particular its own anti-cheat software (the “Company Anti-Cheat Software”) and the Easy Anti-Cheat service implemented by the company Kamu, via client software (the “Client Software”). The Company Anti-Cheat Software and the Client Software are integrated into the Video Game.

In the case of the Easy Anti-Cheat service, when User start a new game session, the latest version of the Client Software is automatically loaded and installed on the User Hardware (the “Unit”). When User uses the Video Game on its Unit, it is monitored by Easy Anti-Cheat, which analyses the binary codes of the game and scans the memory for the purpose of detecting and preventing any cheating within the game (the “Purpose”). For the requirements of this Purpose, Easy Anti-Cheat retains and processes information relating to the cheating methods used in the game (the “Data”). This Data may contain personal data about User, as detailed in the Kamu privacy statement.

Easy Anti-Cheat's processing activities include automated decision-making, which can have a significant impact on User gaming experience, including game blocking in the event of a proven cheat. The Data will only be used for the Purposes referred to in this Article 16, including but not limited to the identification and blocking of the accounts of players cheating during a game session, the analysis of cheat codes and behaviour as well as the sharing of Cheat Data with Easy Anti-Cheat affiliates.

The use of anti-cheat software is likely to lead to malfunctions or disruptions in the use of the Video Game. The Company is not liable of malfunctions caused by the use of the Client Software. In the event of a malfunction or disruption in the use of the Video Game related to the use of anti-cheat software, User may choose to terminate the EULA under the conditions provided for in Article 12.

Servers

The Video Game may offer User, on a fee-paying or free basis, the option to create its own server, allowing user in particular to administer games (public or private), to invite or refuse other players (hereinafter "Dedicated Servers").

User is solely responsible for the administration and/or use of a Dedicated Server, and shall guarantee and exempt the Company against any damage of any kind whatsoever resulting from the administration and/or use of a Dedicated Server.

As such, the Company shall in no way be held responsible in the event of a temporary or definitive incident relating to the Dedicated Server.

Miscellaneous

Export controls

The User is prohibited from exporting, downloading or re-exporting the Video Game to any country subject to an embargo or economic sanctions in force.

Severability of terms

If one or more provisions of this EULA are or become void, in whole or in part, pursuant to a law, regulation or following a final decision of a
competent court, the other provisions shall remain in full force and effect.

EULA amendments

The EULA may be modified unilaterally by the Company if necessary (i) to take into account the technical evolution of the Video Game or the medium on which it is used, (ii) for legal, regulatory, technical or security reasons or (iii) if the modifications made are not to User disadvantage and respect the initial contractual balance.

Changes to the main obligations of the EULA that may modify the subject of the EULA, as described in Article 2, are excluded from the right to unilateral modification.

User will be informed at least four (4) weeks in advance of changes to the EULA by email to the address sent to the Seller when purchasing the Video Game. If User do not object to the changes within four (4) weeks of receipt of the notification, the changes shall be considered accepted with future effect. If, on the other hand, User oppose the modifications, the Company shall reserve the right to terminate this contractual relationship with two (2) weeks' notice, provided that User have been informed of the consequences of refusing the modifications and this right of termination. In this case, User will no longer be able to download and/or use the Video Game.

Applicable law

To the extent permitted by law, this EULA is governed by the laws of France.

The User expressly acknowledges the exclusive jurisdiction of the French Courts for any claim or dispute with the Company, or in any way related to this EULA or the User's use of the Video Game.

In the event that French law cannot be applied in the country where the User acquired the Video Game, local law shall apply.