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END USER LICENSE AGREEMENT
Beyond Senses

IMPORTANT - PLEASE READ THIS DOCUMENT CAREFULLY:
YOU MUST READ THIS END USER LICENSE AGREEMENT BEFORE INSTALLING, DOWNLOADING, COPYING, OR OTHERWISE USING THIS SOFTWARE OR ANY PART THEREOF.

This End User License Agreement (hereinafter: "EULA") is a legally binding agreement between you (an individual) and Pyxton Studios UG (limited liability), a German company registered in: Moritz-Hilf-Straße 9, 65549 Limburg a. d. Lahn, Hesse, Germany (hereinafter: "Pyxton Studios").

This interactive entertainment software, called "Beyond Senses" (hereinafter: "Software"), and all other files sent to you by or on behalf of Pyxton Studios are copyrighted works of Pyxton Studios. Copyright and other intellectual property laws protect this software. The software is not sold but licensed for use.

WE ARE ONLY WILLING TO LICENSE THIS SOFTWARE TO YOU UNDER THE TERMS OF THIS EULA. PLEASE READ THE FOLLOWING LICENSE TERMS CAREFULLY.

BY USING THE SOFTWARE, YOU AUTOMATICALLY AGREE TO THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, DO NOT DOWNLOAD THE SOFTWARE TO YOUR COMPUTER. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, PLEASE IMMEDIATELY REMOVE (OR UNINSTALL) THIS SOFTWARE FROM YOUR COMPUTER. BY KEEPING THE SOFTWARE, YOU AUTOMATICALLY AGREE TO THE TERMS OF THIS EULA. ANY REPRODUCTION, MODIFICATION, DISTRIBUTION, OR OTHER USE OF THE SOFTWARE OR ANY PART THEREOF NOT EXPRESSLY PERMITTED IN THIS EULA IS PROHIBITED.

1. License
The Software is licensed for personal use under the terms of this EULA. The license to use the Software is provided to you by purchasing a product key on Steam or by purchasing a product key from a third party. Even if you do not receive a product key, for example, if you purchase the game directly from the Steam Shop, you will still receive a license to use this software. Individual content packages may be provided separately after payment. The use of these packages is also subject to the terms of this EULA.

2. Provision of the software
Pyxton Studios makes this software available to you at its sole discretion. Pyxton Studios may terminate or otherwise discontinue the supply of the software at any time, without giving reasons and without prior notice. Neither Pyxton Studios nor its affiliates, licensees, or contractors shall be liable to you as a result of such termination. The Privacy Policy may be updated from time to time. You must provide confirmation of the EULA and the Privacy Policy before using the software for the first time.

3. Restrictions on use
The Software contains copyrighted material, trade secrets, and other proprietary material. Decompiling, modifying, and reverse-engineering the software is strictly prohibited. The public presentation of these results is strictly prohibited. Publication of work from parts of the software is strictly prohibited. The independent distribution of the software is strictly prohibited. You may not rent, sell, lease, or exchange the Software to another person. You may not remove the copyright notices or other notices that refer to the creator of this software. You may not make the Software available to others via a network. If this software offers a multiplayer mode, each player needs a valid license to use the software.

4. Ownership and protection of intellectual property
Unless expressly licensed to you by this EULA, Pyxton Studios and its licensors own and reserve all titles, rights, and interests in the Software and all related data, objects, characters, themes, storylines, animations, graphics, images, photographs, videos, music, text and related copyrights, moral rights, trademarks, and other intellectual property rights contained therein. The rights to the software are not sold to you but licensed. You do not have the right to use the Software outside the terms of this EULA. You have no right to access the software in the form of the source code. Aspects of the software, including the specific design and structure of individual programs, are part of the trade secrets and/or copyrighted material of Pyxton Studios or its licensors. You agree not to disclose, copy, or otherwise make available such trade secrets or copyrighted content in any form to third parties without the prior written consent of Pyxton Studios or the respective licensor.

5. Commercial use
You may not use the software without the prior written consent of Pyxton Studios to make any financial gain or benefit or compensation of any kind for such use. You may not use the Software without the prior written consent of Pyxton Studios to make any financial profit or benefit or compensation of any kind for such use. You are welcome to create and publish videos - such as Let's Plays, Playthroughs, Tutorials, Reviews, Comments, etc. - about the Software. You hereby grant Pyxton Studios a non-exclusive, royalty-free, fully transferable and sublicensable worldwide license, subject to applicable local laws, to use such User Content in connection with the Game and related products and services for the entire duration of the applicable legal protection of intellectual property rights. This includes the rights to reproduce, copy, adapt, modify, perform, use as a basis for derivative works, display, publish, broadcast, transmit or otherwise use, distribute, market and communicate to the public any User Content by any means or media now known or hereafter developed, without further notice or payment of any kind to you.

5.1 Free visibility
All videos with content via Beyond Senses must be made available free of charge. This means no payments, surveys, or other actions may be required for watching these videos. The only exception is the display of commercials.

5.2 Monetisation
Pyxton Studios expressly authorizes licensees to monetize the videos via Beyond Senses on YouTube, Twich.TV, or any other service. If you have problems with the respective service, refer them to this page.

6. Collection of data
Without further notice and where applicable, you acknowledge and agree that Pyxton Studios may collect, use, copy, store, transmit, display, and analyze technical and related information that identifies your computer (for example, your internet protocol address, your operating system, your application software, your peripherals, and your non-personally identifiable software usage and game statistics) to facilitate technical protection, improve Pyxton Studios products and services, and provide software updates, dynamic content including advertising, product support, and online services. This information is always collected in a form that guarantees your anonymity before it is passed on to third parties.

7. Term and termination
This EULA is effective from the time of your acceptance of this EULA or any use of the Software until its termination. You may terminate this EULA by destroying the Software with any or all copies. Your rights under this EULA terminate immediately and automatically without notice to Pyxton Studios if you violate any provision of this EULA. Immediately after termination, you must stop using the software and destroy all copies of the software in your possession or control. Termination does not restrict any other rights or remedies of Pyxton Studios under any law or equity.

8. Seizure warning
CERTAIN PEOPLE ARE SUSCEPTIBLE TO EPILEPTIC SEIZURES OR UNCONSCIOUSNESS IF THEY ARE EXPOSED TO CERTAIN FLASHING LIGHTS OR LIGHT PATTERNS IN EVERYDAY LIFE. THESE INDIVIDUALS MAY SUFFER AN ATTACK IF THEY VIEW CERTAIN IMAGES OR PLAY CERTAIN VIDEO GAMES. THIS CAN ALSO HAPPEN IF THE PERSON HAS NO MEDICAL HISTORY OF EPILEPSY OR HAS NEVER HAD EPILEPTIC SEIZURES. IF YOU OR ANYONE IN YOUR FAMILY HAVE EVER HAD SYMPTOMS RELATED TO EPILEPSY (SEIZURES OR UNCONSCIOUSNESS) WHEN EXPOSED TO FLASHING LIGHTS, CONSULT YOUR DOCTOR BEFORE PLAYING.

9. Online behavior
Except in the event of willful misconduct or gross negligence by Pyxton Studios, Pyxton Studios shall not be responsible or liable for the actions of any User, whether or not such actions are related to access to or use of the Game. Pyxton Studios reserves the right to delete or refuse to publish any User Content. You are solely responsible for any User Content you post or transmit to other users or third parties. In particular, you agree that you will not perform, attempt to perform, or commission any of the following acts in connection with the Game:

a) Post any User Content that is unlawful, libelous, defamatory, abusive, indecent, vulgar, obscene, sexually explicit, harassing, threatening, abusive, inflammatory or fraudulent; or violates any personal or public rights; or that promote or encourage illegal or antisocial activities (including hacking); or that promote racism, fanaticism, hatred, bodily harm or other harm against any group or individual; or that are otherwise objectionable;
b) Post User Content that infringes any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any person or entity;
c) engage in commercial or selling activities, including the transmission of commercial advertising or solicitations;
(d) publish or disseminate personal data relating to any person;
e) impersonate any person or entity; or falsely state or otherwise mislead as to your affiliation with any person or entity;
f) Use or exploit any bugs, errors or design flaws to gain unauthorized access to the Game, to gain unfair advantage over other players, or to cheat or exploit unauthorized exploits in connection with the Game (including, without limitation, by accessing any portion of the Game for which you do not have access authorization and by using bots, emulators or other unauthorized third-party tools);
g) intentionally disconnect from the network while playing online;
h) trade, sell, or otherwise transfer, or attempt to transfer, virtual items or game currency outside the Game.

10. Internet connection
YOU ACKNOWLEDGE AND AGREE THAT PYXTON STUDIOS SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, PROCESSING OR COMPLETING TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE GAME, UNDER ANY CIRCUMSTANCES, IN THE PROPER OR TIMELY MANNER. In addition, Pyxton Studios cannot promise that you will always be able to access the online, multiplayer or downloadable elements of the Game whenever you want. There may be longer periods of time when you will not be able to access these elements of the game. Pyxton Studios does not warrant the continuous, error-free, secure, or virus-free operation of any online, multiplayer, or downloadable elements of the Game, or the uninterrupted operation or availability of any particular server.

11. General information
(1) You will not dispute the validity or enforceability of this EULA solely because it was concluded electronically.
(2) You agree that a violation of this EULA may cause damage to Pyxton Studios. Pyxton Studios is entitled to claim reasonable or equivalent compensation under this EULA or under applicable law.
(3) If any provision of this EULA is unlawful or unenforceable under applicable law, the remainder of this provision will be amended to achieve the effect of the original provision as closely as possible. All other provisions of this EULA shall remain in full force and effect.

12. Legal disclaimer
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED TO YOU "AS IS" WITH ALL DEFECTS, WITHOUT WARRANTY OF ANY KIND. USE OF THE SOFTWARE IS AT YOUR OWN RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE LIES WITH YOU. NEITHER PYXTON STUDIOS NOR ITS LICENSORS (COLLECTIVELY "PYXTON STUDIOS" OR "WE" FOR THE PURPOSES OF THIS SECTION) ASSUME ANY EXPRESS, IMPLIED, OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, SUITABILITY FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS AND WARRANTIES (IF ANY) ARISING OUT OF A TRADE OR USE PRACTICE. PYXTON STUDIOS DOES NOT WARRANT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THE SOFTWARE IS COMPATIBLE WITH THIRD PARTY SOFTWARE, OR ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN CONSULTATION BY PYXTON STUDIOS OR AN AUTHORIZED REPRESENTATIVE CONSTITUTES A WARRANTY. SINCE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIABILITY OF PYXTON STUDIOS, EPIC GAMES, AND THEIR LICENSORS AND THEIR AFFILIATES IS LIMITED TO THE EXTENT PERMITTED BY LAW.

BEYOND SENSES CONTAINS THE UNREAL® ENGINE CODE AND OTHER CODES, MATERIALS, AND INFORMATION (HEREINAFTER: "EPIC-MATERIALS") OF EPIC GAMES, INC. (HEREINAFTER: "EPIC GAMES"). ALL EPIC MATERIALS ARE PROVIDED "AS IS" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. PYXTON STUDIOS AND EPIC GAMES AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, AND OBLIGATIONS (EXPRESS, ORAL AND WRITTEN) WITH RESPECT TO THE EPIC MATERIAL, INCLUDING WITHOUT LIMITATION TO ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES AND CONDITIONS OF ANY KIND, SUCH AS TITLE, NON-INTERFERENCE IN YOUR ENJOYMENT, AUTHORITY, NON-INFRINGEMENT OF RIGHTS, MERCHANTABILITY, SUITABILITY OR USABILITY FOR ANY PURPOSE (WHETHER OR NOT EPIC GAMES HAS SUCH A PURPOSE), SYSTEM INTEGRATION, ACCURACY OR COMPLETENESS, RESULTS, REASONABLE CARE, MANUAL EFFORT, LACK OF NEGLIGENCE AND PROTECTION AGAINST VIRUSES, REGARDLESS OF WHETHER THEY ARISE UNDER THE LAW AS A RESULT OF HABITS OR USE IN TRADE OR AS A RESULT OF BUSINESS PROCESSES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PYXTON STUDIOS, EPIC GAMES, AND ITS SUBSIDIARIES MAKE NO WARRANTY THAT: (1) ANY OF THE EPIC MATERIALS WILL FUNCTION PROPERLY, INCLUDING THE MATERIALS INCORPORATED IN BEYOND SENSES, (2) THE EPIC MATERIALS WILL MEET YOUR REQUIREMENTS, (3) THE OPERATION OF THE EPIC MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, (4) ERRORS IN EPIC GAMES' MATERIALS WILL BE CORRECTED, (5) THE EPIC MATERIALS MEET OR WILL MEET THE RULES OR REQUIREMENTS OF A PLATFORM MANUFACTURER, OR (6) A PLATFORM MANUFACTURER HAS APPROVED OR WILL APPROVE BEYOND SENSES, OR HE WILL REVOKE THE APPROVAL OF BEYOND SENSES FOR ANY OR NO REASON. THE PYXTON STUDIOS, EPIC GAMES, AND THE SUBSIDIARIES OF EPIC GAMES DO NOT GUARANTEE CONTINUOUS, ERROR-FREE, VIRUS-FREE, AND SECURE OPERATION OR ACCESS TO THE EPIC MATERIALS. THIS PARAGRAPH SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

13. Execution
To enter into this agreement, you must click on "Accept" (or any other wording indicating your acceptance of this agreement) to declare your acceptance of this agreement, the Terms and Conditions, and the Privacy Policy as described below. The contract with you is not stored by Pyxton Studios and is therefore not accessible to you. The contract is concluded in English.

I hereby confirm and agree that: (1) I have read and understood the above agreement and privacy policy, (2) I am at least 18 years of age, AND if I have not reached at least the age of majority in my place of residence, I have obtained all necessary parental consent to enter into and be bound by this Agreement and the Privacy Policy, and (3) I agree I have read the EULA and accept its terms by clicking "Accept" (or any other wording indicating my acceptance) or by installing the Software.

If you do not agree to the terms of this EULA, do not install this software.

© 2019

Pyxton Studios is a trademark or registered trademark of Pyxton Studios UG (limited liability). Beyond Senses uses the Unreal® Engine. Unreal® is a trademark or registered trademark of Epic Games, Inc. in the United States and elsewhere. Unreal® Engine, Copyright 1998 - 2018, Epic Games, Inc. all rights reserved.

All other trademarks and logos are the property of their respective owners.