FURR-TEC STUDIOS LLC. End User License Agreement
THIS END USER LICENSE AGREEMENT ("EULA") IS A BINDING LEGAL AGREEMENT BETWEEN FURR-TEC STUDIOS ("FURR-TEC STUDIOS") AND YOU AND, IF APPLICABLE, THE COMPANY OR OTHER LEGAL ENTITY YOU REPRESENT (COLLECTIVELY, "YOU" AND "YOUR") REGARDING THE GAME SOFTWARE THAT YOU ARE INSTALLING, INCLUDING ANY ACCOMPANYING MANUAL OR OTHER RELATED MATERIAL PROVIDED BY FURR-TEC STUDIOS AS PART OF, OR IN CONNECTION, THEREWITH (COLLECTIVELY, THE "GAME").
BY CLICKING THE "I AGREE" BUTTON BELOW, OR BY OTHERWISE CONTINUING TO INSTALL, DOWNLOAD, COPY, ACCESS OR USE THE GAME, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE, YOU MUST SELECT THE "I DON'T AGREE" BUTTON AND YOU MAY NOT CONTINUE TO INSTALL, DOWNLOAD, COPY, ACCESS OR USE THE GAME.
1. LICENSE GRANT AND RESTRICTIONS.
1.1 License Grant. FURR-TEC STUDIOS hereby grants to you a non-exclusive license to use a single copy of the object code version of the Game for your personal, non-commercial home entertainment use on one personal computer or other compatible electronic device. You may sell or transfer your copy of the Game to another person along with, and subject to, your rights under this EULA, only if you do not retain any copies.
1.2 Restrictions. You may not:
• (i) Decompile, disassemble, or reverse engineer the Game or otherwise attempt to gain access to its source code, except to the extent that such restrictions are expressly prohibited by law. FURR-TEC STUDIOS has methods to detect if the Game has been decompiled and will pursue legal action to the fullest extent, including seeking jail time for offenders.
• (ii) Copy, offer for public display, or create derivative works of the Game or any part thereof, except to the extent that such restrictions are expressly prohibited by law. This includes, but is not limited to, posting decompiled code or any derivative works on platforms such as GitHub or other public or private repositories.
• (iii) Rent, lease, loan, sublicense, or distribute the Game or any part thereof, or offer it on a pay-per-play, coin-op, or other for charge (or free) basis, without explicit written permission from FURR-TEC STUDIOS.
• (iv) Use the Game to infringe the copyrights or other intellectual property rights of others in any way. This includes the use of the Game to create, distribute, or promote content that violates third-party IP rights.
• (v) Modify or delete the copyright and other proprietary rights notices on or in the Game. This includes any attempt to obfuscate, remove, or alter such notices.
Violation of these restrictions is a serious offense and may result in severe civil and criminal penalties under applicable international and copyright laws. FURR-TEC STUDIOS will actively monitor and enforce compliance with these restrictions, including but not limited to:
• Legal prosecution of violators, which may result in substantial fines and imprisonment.
• Pursuing claims for damages arising from any infringement of FURR-TEC STUDIOS' intellectual property rights.
• Immediate termination of your license to use the Game and banning your access to all FURR-TEC STUDIOS services.
• Reporting violators to relevant authorities for criminal prosecution where applicable.
By using Anti-Extinction, or any other game made or produced by FURR-TEC STUDIOS, you acknowledge and agree to these strict restrictions and the potential consequences of violating them. FURR-TEC STUDIOS is committed to protecting its intellectual property rights and ensuring compliance with this EULA.
1.3 Additional Restrictions for Trial Versions. If the Game was provided to you for trial use for a limited period of time and/or number of uses, you agree not to use the Game beyond the expiration or termination of the trial period. You acknowledge and agree that the Game may include code designed to prevent you from exceeding these limits, and that such code may remain on your computer or device after deletion of the Game to prevent you from installing another copy of the Game and repeating the trial.
1.4 Game Specific Terms and Conditions. For additional terms and conditions that may apply to the Game, such as third-party copyright notices and license information, please review the About screen included in the Game. The About screen for the Game is hereby incorporated into this EULA by this reference.
1.5 Early-Access (Pre-Alpha, Pre-Beta, Alpha, Beta) Terms. This version of the Game is provided as part of an Early-Access program and may include Pre-Alpha, Pre-Beta, Alpha, or Beta versions. Please review and adhere to the following critical points before installing and using it:
- Separate Installation: Install Early-Access versions in a separate folder from any stable releases to avoid conflicts.
- Unstable Software: Early-Access versions are in development stages and are likely to experience crashes and instability.
- Compatibility Issues: These versions may not be fully compatible with the final release. Avoid using them for any critical work or permanent projects.
- Registry Entries: Early-Access versions may use different registry entries compared to stable releases. While your user data remains unaffected, some settings may differ.
- Feedback and Reporting: By participating in Early-Access, you agree to provide feedback on the Game's performance, bugs, and overall user experience. Your feedback is crucial for the development process.
- Legal Acknowledgment: By using an Early-Access version, you acknowledge that it is a work in progress and may contain significant bugs, including but not limited to game engine bugs (e.g., Unity). You accept these risks and agree that FURR-TEC STUDIOS is not liable for any issues arising from the use of this unfinished product.
- Development Status: Early-Access versions are part of an ongoing development process. Many features are unfinished, and numerous bugs remain. While we strive to deliver a functional version, it is not guaranteed to be free from issues.
- Future Challenges: There are many challenges ahead in the development process, including but not limited to, refining features, fixing bugs, and ensuring overall stability. - Game Design Document (GDD) Compliance: While Early-Access versions follow the guidelines set out in our Game Design Document (GDD), not all features and updates have been implemented. Expect significant changes and updates in future versions.
- Security Concerns: Some packages included in Early-Access versions have not been updated and may pose security risks. These concerns will be addressed in future updates.
2. TERMINATION. This EULA is effective until terminated. You may terminate this EULA at any time by uninstalling the Game and destroying all copies of the Game in your possession or control. FURR-TEC STUDIOS may terminate this EULA immediately upon notice to you if you breach any of its terms or conditions. Upon termination of this EULA, you agree to immediately uninstall the Game and destroy all copies of the Game.
3. GAME OWNERSHIP. The Game is the copyrighted proprietary material of FURR-TEC STUDIOS, and/or its third-party licensors and is subject to copyright protection under United States copyright law and international copyright treaties, as well as other intellectual property laws and treaties. FURR-TEC STUDIOS, and/or its third-party licensors retain all right, title, and interest in the Game (and any copies thereof) and specifically reserve all rights not expressly granted under this EULA.
4. LIMITED WARRANTIES BY FURR-TEC STUDIOS.
4.1 Limited Warranty. FURR-TEC STUDIOS WARRANTS TO YOU, THE ORIGINAL PURCHASER OF THE GAME, THAT THE GAME WILL BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP FOR A PERIOD OF NINETY (90) DAYS FROM THE DATE OF PURCHASE (THE "WARRANTY PERIOD"). THIS LIMITED WARRANTY IS VOID IF THE GAME HAS BEEN SUBJECT TO MISUSE, DAMAGE OR IF YOU HAVE VIOLATED THIS EULA. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, OR WARRANTIES THAT THE GAME WILL BE ERROR-FREE, SECURE OR VIRUS-FREE, ARE HEREBY EXPRESSLY DISCLAIMED.
4.2 Additional Warranty for Retail Product. IF YOU PURCHASED THE GAME ON A DISC OR OTHER RECORDING MEDIUM, THEN YOU MUST MAKE ANY WARRANTY CLAIM TO THE RETAILER FROM WHICH YOU PURCHASED THE GAME BY PROVIDING A COPY OF YOUR ORIGINAL SALES RECEIPT AND ANY OTHER DETAILS REQUIRED BY THE RETAILER. THE RETAILER, AT ITS OPTION, MAY REFUND YOUR PURCHASE PRICE, REPAIR OR REPLACE THE DISC OR OTHER MEDIA CONTAINING THE GAME. ANY REPLACEMENT WILL BE WARRANTED FOR THE REMAINDER OF THE ORIGINAL WARRANTY PERIOD OR THIRTY (30) DAYS, WHICHEVER IS LONGER. YOUR EXCLUSIVE REMEDY, AND THE ENTIRE LIABILITY OF FURR-TEC STUDIOS, ITS AFFILIATES, LICENSORS AND SUPPLIERS (COLLECTIVELY, "THE FURR-TEC STUDIOS PARTIES"), FOR BREACH OF THIS WARRANTY, SHALL BE THE REFUND, REPAIR OR REPLACEMENT DESCRIBED ABOVE.
5. LIMITATION OF LIABILITY. NO PROVISIONS OF THIS EULA SHALL APPLY TO LIMIT LIABILITY ARISING FROM DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE OR FOR FRAUD. OTHERWISE, IN NO EVENT WILL THE FURR-TEC STUDIOS PARTIES' TOTAL AGGREGATE LIABILITY TO YOU FOR DIRECT DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS EULA AND/OR YOUR USE OF THE GAME EXCEED THE AMOUNT PAID BY YOU FOR THE GAME. IN NO EVENT WILL THE FURR-TEC STUDIOS PARTIES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR ANY OTHER TYPE OF DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES RELATING TO LOST PROFITS, LOSS OF DATA, PRIVACY, NEGLIGENCE OR OTHER DUTY OF CARE), EVEN IF ONE OR MORE OF THE FURR-TEC STUDIOS PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6. BASIS OF THE BARGAIN; EXCLUSIONS. The disclaimers of warranties and limitations of liability set forth above are fundamental elements of the basis of the agreement between you and FURR-TEC STUDIOS. You understand and agree that FURR-TEC STUDIOS would not be able to economically or reasonably provide the Game to you without these limitations. HOWEVER, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES AND/OR THE LIMITATION OF INDIRECT DAMAGES AS SET FORTH IN SECTIONS 4 AND 5 ABOVE, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
7. INDEMNIFICATION. You agree to indemnify, defend and hold harmless the FURR-TEC STUDIOS Parties, including their respective employees, officers, directors and personnel from any claims, losses, damages, liabilities, including attorneys' fees, arising out of your violation of this EULA and/or your use or misuse of the Game.
8. EXPORT CONTROL. The Game originates in United States and is subject to United States export laws and regulations. You may not export or re-export, in whole or in part, the Game to certain countries, persons or entities prohibited from receiving exports from United States. Additionally, the Game may be subject to the import and export laws of other countries, and you agree that you will comply with any such foreign import and export laws, as applicable.
9. MISCELLANEOUS. You agree to comply with all United States and foreign laws related to your use of the Game. This is the entire agreement between you and FURR-TEC STUDIOS relating to the subject matter herein and replaces any and all previous representations, agreements, understandings or communications, whether written or oral. This EULA may not be modified except in writing, signed by both parties. If a court of competent jurisdiction declares any provision of this EULA to be void or unenforceable, then such provision will be interpreted, construed or reformed to the extent reasonably required to render it valid, enforceable and consistent with the original intent underlying such provision, and such invalidity or unenforceability will not affect any other provision of this EULA. The English language version of this EULA will control its interpretation.
10. GENERAL STUFF. Your local law may give you rights that this EULA cannot change; if so, this EULA applies as far as the law allows. We may change this EULA from time to time, if we have reason to, such as changes to our games, our practices, or our legal obligation. But those changes will be effective only to the extent that they can legally apply. In that case we'll inform you of the change before it takes effect, either by posting a notice on our website or by other reasonable means. We're not going to be unfair about this though - but sometimes the law changes or someone does something that affects other users of the game and we therefore need to put a lid on it. If you come to us with a suggestion for Anti-Extinction, that suggestion is made for free and we have no obligation to accept or consider it. This means we can use or not use your suggestion in any way we want and we don't have to pay you for it. If you think you have a suggestion that we would be willing to pay you for, please do not tell us your suggestion unless you have first told us you want to be paid and we have responded in writing by asking you to submit the suggestion. If you want to notify us that you believe someone is infringing your intellectual property on our Services, please submit your notice here. If appropriate, we may terminate the accounts of users who are repeat infringers. We reserve the right to take down any content in our discretion.
11. OUR VALUES. The spirit of inclusion lives in our values, which are key to sustaining a vibrant and welcoming community. Anti-Extinction is for everyone. Diversity powers our community. Playing with others should be safe and inclusive. Hate has no place here. Anti-Extinction is available in countries all over the world, and it’s important that our platform feels safe and inclusive for people of all backgrounds. Every player in the Anti-Extinction community deserves a place to be their authentic selves and to build, craft, create, and express themselves in an environment that is inclusive to all. We aspire to be a community where Anti-Extinction can be enjoyed by all. The Anti-Extinction community is yours but it’s everyone else’s too. When you express your opinions, please do so politely and respectfully. Don’t blow up like a creeper! To keep the Anti-Extinction community welcoming and inclusive for everyone, we have a zero-tolerance policy towards hate speech, terrorist or violent extremist content, bullying, harassment, sexual solicitation, fraud, or threats against others. The modifications, custom skins (textures), structures, in-game assets, and other content you create in Anti-Extinction can be a great way to showcase what’s meaningful to you and express your creativity. Whether you're building intricate bases, crafting unique weapons, customizing characters, or designing complex automation systems, ensure that all content adheres to community standards. Content that portrays hate, extreme bias, or encourages illegal activity is strictly prohibited. The world of Anti-Extinction is built by players, for players. Whether you’re constructing advanced facilities, strategizing with your team in combat missions, or exploring new territories, player safety is a priority for FURR-TEC STUDIOS to ensure everyone feels secure and supported while contributing in their own way. We reserve the right to suspend or permanently ban anyone who violates these Community Standards or this EULA. To learn more about our moderation policies, how to report a player, and how to appeal an active enforcement action on your account, please visit our website.
12. WHAT YOU CAN AND CAN’T DO WITH ANTI-EXTINCTION SOFTWARE AND CONTENT. When you buy our games, that means you can download, install, and play them. However, you must not distribute anything we've made unless we specifically agree to it. By "distribute anything we've made" what we mean is:
• Give copies of our game software or content to anyone else;
• Make commercial use of anything we've made;
• Try to make money from anything we've made; or
• Let other people get access to anything we've made in a way that is unfair or unreasonable.
And so that we are crystal clear, "the game" or "what we have made" includes, but is not limited to, the Services, plus any other games we might publish in the future. It also includes updates, patches, downloadable or Marketplace content, add-ons, or modified versions of a game, part of those things, merchandise, audio-visual content, or anything else we've made. Otherwise, we are quite relaxed about what you do - in fact, we really encourage you to do cool stuff - but just don't do those things that we say you can't. We’ve put together detailed Anti-Extinction Usage Guidelines as to how you can or cannot do things using what we’ve made, including screenshots and recorded videos of our games. These Anti-Extinction Usage Guidelines are extra permissions that we give to the community to encourage creativity and community, but we reserve the right to change them or withdraw permissions, especially if we see people exploiting or abusing these permissions. The Anti-Extinction Usage Guidelines often change, and we have the right to withdraw the permissions given in them at any time without notice.
13. USING MODS. If you've bought Anti-Extinction, you may play around with it and modify it by adding modifications, tools, or plugins, which we will refer to collectively as "Mods." By "Mods," we mean something original that you or someone else created that doesn't contain a substantial part of our copyrightable code or content. When you combine your Mod with Anti-Extinction, we will call that combination a "Modded Version" of the game. We have the final say on what constitutes a Mod and what doesn't. You may not distribute any Modded Versions of our game or software, and we’d appreciate it if you didn’t use Mods for griefing. Basically, Mods are okay to distribute; hacked versions or Modded Versions of the game client or server software are not okay to distribute. Any Mods you create for Anti-Extinction from scratch belong to you (including pre-run Mods and in-memory Mods) and you can do whatever you want with them, as long as you don't sell them for money or try to make money from them and so long as you don’t distribute Modded Versions of the game. Remember that a Mod means something that is your original work and that does not contain a substantial part of our code or content. You only own what you created; you do not own our code or content. When we update our games, some changes might not work well with other software, such as Mods. This is unfortunate, but it is something we don’t take responsibility for. If that is the case, try running an older version.
14. HARDWARE DISCLAIMER
14.1 No Responsibility for Hardware Damages. FURR-TEC STUDIOS LLC. (hereinafter "FURR-TEC STUDIOS") SHALL NOT BE RESPONSIBLE FOR ANY HARDWARE-RELATED DAMAGES THAT MAY ARISE FROM THE USE OF THE GAME, "ANTI-EXTINCTION." THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES CAUSED BY PRE-EXISTING HARDWARE ISSUES, MANUFACTURING DEFECTS, USER-INSTALLED HARDWARE, INADEQUATE COOLING, OR POOR AIRFLOW.
14.2 Pre-Existing Conditions. USERS ACKNOWLEDGE THAT ISSUES SUCH AS MANUFACTURING DEFECTS, HARDWARE INSTALLED BY USERS, AND IMPROPER SYSTEM MAINTENANCE OR SETUP ARE NOT CAUSED BY THE GAME OR FURR-TEC STUDIOS. USERS ARE RESPONSIBLE FOR ENSURING THEIR SYSTEMS MEET THE REQUIRED SPECIFICATIONS AND MAINTAINING PROPER HARDWARE CONDITIONS.
14.3 Self-Assembled and Prebuilt Systems. WHETHER YOUR COMPUTER WAS SELF-ASSEMBLED OR ASSEMBLED BY A THIRD-PARTY COMPANY (PREBUILT), FURR-TEC STUDIOS IS NOT LIABLE FOR ANY HARDWARE FAILURES OR DAMAGES THAT OCCUR DURING OR AS A RESULT OF PLAYING THE GAME.
14.4 Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL FURR-TEC STUDIOS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, OR DAMAGE TO HARDWARE, EVEN IF FURR-TEC STUDIOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
14.5 User Responsibility. USERS AGREE TO OPERATE AND MAINTAIN THEIR HARDWARE IN ACCORDANCE WITH MANUFACTURER GUIDELINES AND INDUSTRY STANDARDS. FURR-TEC STUDIOS RECOMMENDS REGULAR SYSTEM MAINTENANCE, INCLUDING CLEANING AND COOLING MONITORING, TO PREVENT OVERHEATING AND HARDWARE FAILURE.
14.6 No Warranty. FURR-TEC STUDIOS DOES NOT WARRANT THAT THE GAME WILL BE FREE FROM ERRORS OR INTERRUPTIONS, OR THAT IT WILL BE COMPATIBLE WITH ALL HARDWARE CONFIGURATIONS. USERS ASSUME ALL RISKS ASSOCIATED WITH THE INSTALLATION AND USE OF THE GAME ON THEIR HARDWARE.
15. In order to ensure the integrity of our games, we need all game downloads and updates to come from a source that we authorize. It's also important for us that third-party tools/services don't seem "official" as we can't guarantee their quality. It's part of the responsibility we have to the customers of Anti-Extinction. Make sure that you read through our Anti-Extinction Usage Guidelines too, as we may take down Mods or other software that violate our Anti-Extinction Usage Guidelines.
16. CONTENT Your content remains your content, and that applies to Anti-Extinction. We don't own the original stuff that you create. We will, however, own things that are copies (or substantial copies) or derivatives of our property and creations - but if you create original things, they aren't ours. So, as an example:
• A single Anti-Extinction block (including its textures and its “look and feel”) - we own that;
• Your creation of a Gothic Cathedral with a rollercoaster running through it - we don't own that.
17. GOVERNING LAW AND VENUE. This EULA will be governed by and construed in accordance with the following:
• United States: The laws of the State of Florida, excluding its conflicts of law rules and specifically excluding the United Nations Convention on Contracts for the International Sale of Goods.
• Canada: The laws of the Province of Ontario, excluding its conflicts of law rules.
• International Law: Where applicable, relevant international laws and treaties.
Venue for any action arising under this EULA shall lie exclusively in the following courts:
• United States: The courts located in Tampa, Florida. You hereby consent and submit to the personal jurisdiction of such courts.
• Canada: The courts located in Toronto, Ontario. You hereby consent and submit to the personal jurisdiction of such courts.
This section ensures that the legal framework governing this EULA is clearly defined, depending on the user's location and applicable international laws.
20. NOTICES; HOW TO CONTACT FURR-TEC STUDIOS. The Game is made available to you by FURR-TEC STUDIOS. FURR-TEC STUDIOS may be contacted via its website (http://www.furr-tec.com).