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END-USER LICENSE AGREEMENT AND LIMITED WARRANTY
Zen Cube (PC)
IMPORTANT - Read this End User License Agreement (“EULA”) carefully before installing this software. By installing, copying and / or using the Software Product you agree to be bound by the terms of this EULA; we are only prepared to grant you a license to use the Software Product under this EULA. Before installing this software product, make sure your computer meets the minimum technical specifications for the proper functioning of this software product.
WE CALL YOUR ATTENTION ESPECIALLY FOR:
- THE EXCLUSION AND LIMITATION OF LIABILITY CLAUSE CONTAINED IN PARAGRAPH 9O BELOW AND
- THE PROVISIONS OF PARAGRAPH 4TH AND 5TH THAT DESCRIBE CERTAIN INFORMATION THAT MAY BE COLLECTED, STORED AND USED BY US AS A RESULT OF INSTALLING AND USING THIS SOFTWARE AND / OR ONLINE FEATURES AND EXPLAINING HOW YOUR PERSONAL DATA WILL BE PROTECTED. BY ACCEPTING THIS EULA AND INSTALLING THIS SOFTWARE, YOU ARE CONSENTING TO THE COLLECTION, STORAGE, USE AND PROCESSING OF SUCH INFORMATION AND DATA IN ACCORDANCE WITH PARAGRAPH 5, OUR PRIVACY POLICIES AND COOKIES. SEL TAKES YOUR PRIVACY SERIOUSLY AND WE RECOMMEND THAT YOU READ OUR PRIVACY POLICY AND COOKIES POLICY AND PERIODICALLY CHECK THAT THEY ARE UPDATED.
(i) SOFTWARE PURCHASE BY DOWNLOAD
IF YOU AGREE TO THE TERMS OF THIS EULA CLICK ON “I ACCEPT” AT THE END OF THIS EULA AND THEN THE SOFTWARE WILL BE INSTALLED ON YOUR HARD DRIVE. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS EULA, CLICK “I DO NOT ACCEPT” AND THE SOFTWARE WILL NOT BE LOADED ON YOUR HARD DRIVE AND YOU WILL NOT BE GRANTED TO YOU LICENSE TO THE SOFTWARE.
(ii) PURCHASE OF SOFTWARE DISTRIBUTED IN PHYSICAL MEDIA
IF YOU ARE THE ORIGINAL PURCHASER OF THIS SOFTWARE AND DO NOT ACCEPT THE TERMS OF THIS EULA, RETURN THE DISK (WITHOUT INSTALLING THE PRODUCT) WITH YOUR PACKAGING AND DOCUMENTATION AND ORIGINAL PURCHASE PROOF TO THE POINT OF SALE IN THIRTY (30) DAYS FROM THE PURCHASE DATE FOR A REFUND OF THE PURCHASE PRICE FOR THE PRODUCT. WITHOUT LOSS OF YOUR RIGHTS CONFERRED BY LAW, WHICH ARE NOT AFFECTED, THE ENTIRE OR PART OF THE REFUND MAY BE REFUSED IF SUCH DISC, PACKAGING OR DOCUMENTATION IS DAMAGED IN ANY WAY. BY INSTALLING THIS SOFTWARE AND / OR USING ALL OR ANY PART OF THIS SOFTWARE YOU ACCEPT ALL OF THE TERMS AND CONDITIONS OF THIS EULA.
Technical support:
If you need technical assistance, please refer to the manual that accompanies the Software or our website at where you will find the telephone number for the relevant telephone technical assistance. Telephone charges will be paid by you. SEL does not guarantee that technical assistance will be available at any time or for any minimum period
IMPORTANT NOTICE ABOUT PRODUCT ACTIVATIONS:
When a CD key, activation key or registration code (“CD Key”) is required to install this Software and / or access any online or multiplayer games, it cannot be reproduced or replaced. The original purchaser is responsible for maintaining this DD Key or registration code securely. CD keys or codes cannot be replaced and no refunds or replacement copies of the Software will be provided. If you wish to transfer the Software under paragraphs 2 (b) or 2 (c), you may not use the Software on a new hard drive without re-registering the Software which will require the original CD key or registration code.
1. Agreement with legal effects
This EULA is an agreement with legal effects between you and Derik Moretti da Silveira, Araçatuba São Paulo Brazil ("SEL" or "we") that governs your use of the Software. For the purposes of this Agreement, references to the Software include computer software owned by SEL or its third parties / licensors and associated media, printed materials, manuals, any documentation online or in conjunction with another, to the extent that they are not distributed. with a separate license agreement, any updates or patches to the original game software that are provided to you or that you can download from any SEL website or other source authorized by SEL expressly for this purpose, including software required to access and / or use any online features and functionality that may be associated with the computer game software (subject to the additional terms of use applicable for such online mode,). The terms and conditions of this EULA are without prejudice to any terms and conditions that govern the use of any proprietary third party exclusive software including but not limited to any STEAM ™ software. Software owned by third parties may be incorporated into the media containing this Software or downloaded into the software package containing the Software and may be necessary to use some of the functionality of this Software, the use of which may be subject to and conditioned upon your acceptance and compliance with additional third-party user license.
Copyright and other intellectual property laws and treaties protect this Software. The Software is licensed, not sold.
2. Granting of a non-exclusive and limited license
As long as you comply with the provisions of this EULA, SEL grants you a limited, non-exclusive right and license to:
(a) install one (1) copy of the Software to and use it on a single hard drive that is under your care and control and that meets the specifications referred to in the manual for your own private and home use only;
(b) transfer the Software from one hard drive to another, provided that it is used on only one hard drive (1) at any time and from any hard drive on which it is used in its custody and control at the time of use ;
(c) transfer the Software (complete with all components and documentation) and the benefits of this EULA to another person provided that such person agrees to accept the terms of this EULA and at the same time transfer any authorized copies of the Software that you may have made to that person or destroy all copies of the Software not transferred. If the assignee does not accept these terms, this EULA will automatically terminate. After the transfer, you undertake to delete this Software from your hard drive and the license granted under this EULA will be automatically and immediately terminated.
All rights not expressly granted below are, to the maximum extent permitted by law, reserved for SEL and its licensors. Your use rights under this EULA are strictly conditioned on your observance of the terms and conditions contained in this EULA at all times.
In some cases, your rights to use the Software may be subject to a limitation on the number of activations or registrations of the Software as stated at the time of sale or on the packaging of the Software. In this case, your ability to transfer the Software in the manner permitted in paragraph 2.1 (b) and (c) above may not be possible when the maximum number of permitted activations of the Software has been reached.
3. Restrictions
You can not:
(a) to make any commercial use or exploitation of the Software in any way;
(b) install or use the Software on a network server, multi-user agreement or arrangements for remote access for the purpose of distribution to 1 (one) or more computer (s) on such network or to make such distribution or make a copy available the Software in any form or through any means of communication where it could be used by multiple users;
(c) without a license, additional separately from Derik Moretti da Silveira, to use the Software or allow the use of the Software, on more than one personal CPU, game console, smartphone or PDA device at the same time;
(d) except as expressly permitted by this EULA and unless and not expressly authorized by law, rent, lease, sublicense, lend, exploit for profit or gain, copy, modify, adapt, merge, translate, use, reproduce, distribute, transmit, publicly perform, store in a recovery system or trade the Software or any part of it in any way;
(e) except where applicable law expressly authorizes, does reverse engineering, obtains the source code, modifies, decompiles, disassembles or creates derivative works from all or any part of the Software, in whole or in part. If the applicable law expressly permits such acts, and any lawful modifications, adaptations and improvements and all copyrights therein will be deemed assigned and will belong to, confer and be the exclusive property of SEL and / or its licensors with respect to the creation to the maximum extent permitted by law and you waive all or any moral rights in such creations;
(f) remove, disable or circumvent any security protections or any technical measures that control access to the Software and / or are intended to prevent or inhibit the infringement of any copyright or other intellectual property rights in the Software;
(g) remove, modify, deface or circumvent any notices or labels contained in or within the Software;
(h) export or re-export the Software or any copy or adaptation in violation of applicable laws or regulations; or
(i) creating executable data or programs that mimic data or functionality in the Software.
In addition, you agree that you will comply with any information security, maintenance, or other relevant notices contained in the manual that accompanies the Software.
4. Online / multiplayer features and functionality
This Software may allow services operated by SEL and / or its affiliates or authorized third parties on its behalf to be accessed, which allow users of the Software to benefit from certain online or multiplayer features and functionality associated with the Software (“Resources Online ”). These online services and resources may, however, require payment of additional fees. In addition, access to and use of such services / Online Resources and other goods or information made available as part of such services may be subject to the completion of a registration process and acceptance of additional terms and conditions, including, among others, privacy policies that govern the use and processing of personally identifiable information. It is important to note that not all purchasers of this Software will be able to register for or benefit from such services (including Online Resources associated with the Software). These services and Online Resources may not be available in your country, there is no guarantee that they will be available for any period (and may be subject to suspension or withdrawal at any time) and may, for example, be subject to age restrictions. An internet connection will be required to access Online Resources.
If you use Online Resources, we and our affiliates may also collect, store, process, distribute and publicly display some data about your game. This data may include your username, username, scores, rankings, results, achievements and any other personal profile information that you can choose to make available for other players to view. Without prejudice to any authorizations that you may grant us under any other agreement between you and us with respect to such data, all data that personally identifies you, will be collected, stored, used, processed and distributed in accordance with the Privacy Policy. SEL privacy object of Paragraph 5 below.
5. Your consent for us to use certain data
Without prejudice to Paragraph 4 above, from time to time we may, when you play, collect anonymous information that is not personally identifiable (that is, information that neither identifies nor is linked, associated or that can be used to identify you) about your hardware system , including how you are using the Software (including information about the successful installation and removal of the Software). This information may also include your internet protocol (IP) address (a numeric number assigned by your internet service provider to identify your computer). This information can be used not only to help you play the game on the Software via the Internet (if the Software has Online Resources) and also to help us better understand how our customers are using the Software, their behavior and preferences so that we can improve our computer games and services in the future. This information will not, however, be used to identify you without your knowledge and separate consent. This information and any other data that you may provide to us or that may be collected by us in connection with your installation and use of the Software or any online functionality will be collected, stored, retrieved, used and distributed in accordance with the latest Privacy Policy and SEL's Cookie Policy applicable to your region found at respectively.
In case of conflict between any provision of the Privacy Policy and this Paragraph 5, the Privacy Policy will prevail.
6. Advertising integrated into the game
The Software may incorporate technology (which may be provided by SEL or external service providers contracted by SEL (each “Dynamic Advertising Provider”)), which allows you to send advertising to the Software on your computer and change it while the Software is being played online. In order for the Dynamic Advertising Provider to target appropriate advertising for its Software and geographic region, as well as to the correct location within the computer game, some data and information may be retrieved and maintained by the Dynamic Advertising Provider, including its address of IP, geographic location, position in the game and information regarding the appearance of visible advertising during the game (for example, the period when an advertising item is visible, the dimensions of the ads). In addition, the Dynamic Advertising Provider can assign a unique identification number, which is stored on your computer and is used to monitor and calculate the number of dynamic advertising views during the game. None of the information collected for this purpose, including your identification number, can be used to identify you.
The technology employed by Dynamic Advertising Providers may be located outside your country of residence (including outside the European Union).
When a Software incorporates dynamic advertising technology, the technology it serves provides dynamic in-game advertising is integrated with the Software. This means that if you do not want to receive dynamic advertising, use the Software only when you are not connected to the Internet. By playing the game when connected to the Internet, you agree to the use of dynamic advertising, as described in this paragraph.
7. Termination
Without prejudice to any other rights, SEL may terminate this EULA immediately without notice if you fail to comply with the terms and conditions of this EULA. Upon termination, you must destroy all copies of the Software as well as all of its components, including any Software stored on any computer's hard drive. You may also terminate the EULA at any time by destroying the Software and uninstalling it from your hard drive or other applicable hardware. All provisions of this EULA relating to disclaimers or warranties, limitations of liability, remedies or damages and SEL property rights, choice of venue and jurisdiction, indemnity and general provisions will remain in effect.
8. Ownership
You own proprietary rights only to the media on which the Software is recorded. SEL and / or its licensors will retain the proprietary rights to the Software recorded on the media and all subsequent copies, regardless of form.
9. Limited warranty and exclusions
9.1 LIMITED WARRANTY.
This limited warranty is, in addition to, and does not affect, your rights under the law, which cannot be excluded or limited in any way under applicable law.
When the Software is recorded on physical media by SEL, SEL warrants to the original purchaser of the Software that the physical medium on which the Software is recorded, under normal conditions of use, is free from significant defects in material and workmanship by a ninety (90) days from the date of purchase. SEL's entire liability under this limited warranty will, at SEL's sole discretion, either (a) refund of the price paid for the purchase of the Software, or (b) repair or, at SEL's discretion, the free replacement of the Software that does not meet this limited warranty as long as the following procedures and conditions are observed. All claims under this limited warranty must be made with the return of the original physical medium in its original condition and packaging to the point of sale, along with a copy of the original sales receipt or other proof of the date of purchase, a statement describing defects and a return address (“Material Needed”). When this is not possible for any reason (and provided it is within 90 days from the date of purchase) the defective medium must be returned to SEL at the address specified in the manual accompanying this Software together with the necessary material and address from the place where the Software was purchased.
9.2 The limited warranty in Paragraph 9.1 above is void and does not apply to means of communication that have been the object of improper use, accidents, damage or excessive wear. Any replacement software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.
9.3 THE LIMITED WARRANTY IN PARAGRAPH 9.1 DOES NOT APPLY TO THE OWN SOFTWARE THAT IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SEL AND ITS LICENSORS DISCLAIM ALL OTHER STATEMENTS, WARRANTIES, CONDITIONS AND OTHER TERMS, EXPRESS OR TACITES, INCLUDING, BUT NOT LIMITED TO, TACITY WARRANTIES AND / OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, SATISFACTORY QUALITY, SATISFACTORY QUALITY OF INTELLECTUAL PROPERTY AND FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO THE SOFTWARE AND EACH PART OF IT. WITHOUT LOSS AS TO THE GENERALITY OF THE FOREGOING, SEL DOES NOT WARRANT THAT THE SOFTWARE IS ERROR FREE OR THAT IT WILL WORK WITHOUT INTERRUPTION OR THAT SEL WILL REPAIR ANY ERRORS IN THE SOFTWARE. SEL DOES NOT WARRANT THAT THE SOFTWARE WILL WORK ON ALL COMPUTER TYPES. SEE THE MANUAL ON MINIMUM TECHNICAL REQUIREMENTS.
9.4 IN ADDITION TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
(A) IN NO EVENT WILL SEL OR ITS LICENSORS BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF BUSINESS, OR LOSS OF BUSINESS, OR LOSS OF BUSINESS OR LOSS OF BUSINESS, OR LOSS OF BUSINESS DAMAGES, LOSS OF BUSINESS, OR THAT HAVE BEEN CAUSED BY THE USE OF THE SOFTWARE EVEN IF SEL HAS BEEN INFORMED ABOUT THE POSSIBILITY OF SUCH DAMAGES. THE ENTIRE RISK OF USE (INCLUDING BETWEEN OTHER (A) ANY DAMAGE TO YOUR HARDWARE, DATA OR SOFTWARE OR (B) AS A RESULT OF NOT FOLLOWING THE PRECAUTIONS DEFINED IN THE MANUAL) IS YOURS.
(B) IN ANY CASE, THE MAXIMUM AGGREGATE LIABILITY OF SEL AND ITS LICENSORS FOR OR IN CONNECTION WITH THIS EULA OR THE USE OR ATTEMPTED USE OF THE SOFTWARE WILL BE LIMITED TO THE AMOUNT REALLY PAID FOR THE SOFTWARE.
9.5 Nothing in this EULA will limit or exclude SEL's liability to you in the event of death or injury due to negligence to the extent this exclusion or limitation is illegal, unenforceable or void under the law.
9.6 Some jurisdictions do not allow the warranty exclusions and limitations of liability set out in this paragraph 9. Nothing in this paragraph 9 affects your legal rights as a consumer that, under applicable law, do not exclude or limit. These legal rights may vary from state / jurisdiction to state / jurisdiction.
9.7 You understand that the Software may be updated and patched at any time and, therefore, there will be no obligation to provide such updates or patches under the terms of this EULA.
10. Jurisdiction and dispute resolution
10.1 Subject to paragraph 10.2 below, this EULA and any claim or dispute of any nature (including any non-contractual dispute) arising out of or related to this EULA will be governed and interpreted in accordance with the law of England and Wales. Each party irrevocably and for all purposes submits, with respect to the EULA (including any dispute or claim) to the exclusive jurisdiction of the English courts, except that nothing in this EULA shall limit the SEL's right to bring action against any party to any other court of competent jurisdiction, nor the filing of such action in one or more jurisdictions, the filing of other actions of this type in any other jurisdiction (simultaneously or not) to the extent permitted by the law of such jurisdiction.
10.2 If you acquired this Software in the United States, and any claim or litigation of any nature arising out of or related to this EULA will be governed and construed in accordance with the law of the State of California, USA, and subject to the non-exclusive jurisdiction of the state courts and federal offices located in San Francisco, California, USA.
103. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this EULA.
11. Precautionary measure
Since SEL would suffer irreparable damage if the terms of this Agreement have not been specifically applied, you agree that we have the right, without the right of collateral or other guarantee or proof of damage, to take the necessary measures, including, without limitation, to obtain precautionary measure and other equitable remedies, in addition to any other remedies available by law.
12. Indemnity
You agree to indemnify, defend and exempt SEL, its partners, affiliates, contractors, licensors, executives, directors, employees and agents from all claims, damages, costs and expenses (including attorney's fees) arising directly or indirectly from your acts of omissions in connection with the use of the Software or any breach of the terms of this EULA.
13. Miscellaneous provisions
13.1 If you acquired this Software in the United States, you will not export or re-export it, except as authorized and permitted by United States laws and regulations.
13.2 Notwithstanding the provisions of paragraph 9.6, this EULA, together with any other agreement, policy or other document expressly referred to in this EULA, represents the entire agreement between SEL and you with respect to the license and use of the Software and replaces all previous or contemporary covenants. Without prejudice to paragraphs 13.4 and 13.5, no changes or modifications to this EULA will be mandatory unless made in writing and signed by a duly authorized SEL representative.
13.3 You agree and acknowledge that all titles, property rights, intellectual property rights relating to the Software and any and all copies of the Software (including, without limitation, any derivative works, titles, computer code, themes, objects, characters, character names, stories, dialogues, catchphrases, locations, concepts, artwork, graphics, animations, sounds, musical compositions, audiovisual effects, text, screen, operating methods, moral rights, "applets" incorporated into the Software and any related documentation) are the property of Derik Moretti da Silveira or its licensors.
13.4 SEL reserves the right to change this EULA at any time, in its sole discretion, but will post such changes on the Derik Moretti da Silveira website and / or communicate such changes to you via any digital rights management system used to protect the content of the Software, such as, where applicable, the STEAM ™ service where the STEAM ™ software is used for this purpose. If such future changes to this EULA are unacceptable to you or cause you not to be in compliance with this EULA, you can terminate this EULA in accordance with the above termination provisions. Your installations and use of any updates or modifications to the Software or your continued use of the Software following notice of changes to this EULA will be your acceptance of any and all such changes to the terms of this EULA.
13.5 If any court or competent authority considers that any provision of this EULA (or part of any provision) is invalid, illegal or unenforceable under the law, this provision or part of the provision will, as necessary, be considered excluded and the validity and applicability of the remaining provisions of this EULA will not be affected.
Last updated April 15, 2021
Zen Cube (PC)
IMPORTANT - Read this End User License Agreement (“EULA”) carefully before installing this software. By installing, copying and / or using the Software Product you agree to be bound by the terms of this EULA; we are only prepared to grant you a license to use the Software Product under this EULA. Before installing this software product, make sure your computer meets the minimum technical specifications for the proper functioning of this software product.
WE CALL YOUR ATTENTION ESPECIALLY FOR:
- THE EXCLUSION AND LIMITATION OF LIABILITY CLAUSE CONTAINED IN PARAGRAPH 9O BELOW AND
- THE PROVISIONS OF PARAGRAPH 4TH AND 5TH THAT DESCRIBE CERTAIN INFORMATION THAT MAY BE COLLECTED, STORED AND USED BY US AS A RESULT OF INSTALLING AND USING THIS SOFTWARE AND / OR ONLINE FEATURES AND EXPLAINING HOW YOUR PERSONAL DATA WILL BE PROTECTED. BY ACCEPTING THIS EULA AND INSTALLING THIS SOFTWARE, YOU ARE CONSENTING TO THE COLLECTION, STORAGE, USE AND PROCESSING OF SUCH INFORMATION AND DATA IN ACCORDANCE WITH PARAGRAPH 5, OUR PRIVACY POLICIES AND COOKIES. SEL TAKES YOUR PRIVACY SERIOUSLY AND WE RECOMMEND THAT YOU READ OUR PRIVACY POLICY AND COOKIES POLICY AND PERIODICALLY CHECK THAT THEY ARE UPDATED.
(i) SOFTWARE PURCHASE BY DOWNLOAD
IF YOU AGREE TO THE TERMS OF THIS EULA CLICK ON “I ACCEPT” AT THE END OF THIS EULA AND THEN THE SOFTWARE WILL BE INSTALLED ON YOUR HARD DRIVE. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS EULA, CLICK “I DO NOT ACCEPT” AND THE SOFTWARE WILL NOT BE LOADED ON YOUR HARD DRIVE AND YOU WILL NOT BE GRANTED TO YOU LICENSE TO THE SOFTWARE.
(ii) PURCHASE OF SOFTWARE DISTRIBUTED IN PHYSICAL MEDIA
IF YOU ARE THE ORIGINAL PURCHASER OF THIS SOFTWARE AND DO NOT ACCEPT THE TERMS OF THIS EULA, RETURN THE DISK (WITHOUT INSTALLING THE PRODUCT) WITH YOUR PACKAGING AND DOCUMENTATION AND ORIGINAL PURCHASE PROOF TO THE POINT OF SALE IN THIRTY (30) DAYS FROM THE PURCHASE DATE FOR A REFUND OF THE PURCHASE PRICE FOR THE PRODUCT. WITHOUT LOSS OF YOUR RIGHTS CONFERRED BY LAW, WHICH ARE NOT AFFECTED, THE ENTIRE OR PART OF THE REFUND MAY BE REFUSED IF SUCH DISC, PACKAGING OR DOCUMENTATION IS DAMAGED IN ANY WAY. BY INSTALLING THIS SOFTWARE AND / OR USING ALL OR ANY PART OF THIS SOFTWARE YOU ACCEPT ALL OF THE TERMS AND CONDITIONS OF THIS EULA.
Technical support:
If you need technical assistance, please refer to the manual that accompanies the Software or our website at where you will find the telephone number for the relevant telephone technical assistance. Telephone charges will be paid by you. SEL does not guarantee that technical assistance will be available at any time or for any minimum period
IMPORTANT NOTICE ABOUT PRODUCT ACTIVATIONS:
When a CD key, activation key or registration code (“CD Key”) is required to install this Software and / or access any online or multiplayer games, it cannot be reproduced or replaced. The original purchaser is responsible for maintaining this DD Key or registration code securely. CD keys or codes cannot be replaced and no refunds or replacement copies of the Software will be provided. If you wish to transfer the Software under paragraphs 2 (b) or 2 (c), you may not use the Software on a new hard drive without re-registering the Software which will require the original CD key or registration code.
1. Agreement with legal effects
This EULA is an agreement with legal effects between you and Derik Moretti da Silveira, Araçatuba São Paulo Brazil ("SEL" or "we") that governs your use of the Software. For the purposes of this Agreement, references to the Software include computer software owned by SEL or its third parties / licensors and associated media, printed materials, manuals, any documentation online or in conjunction with another, to the extent that they are not distributed. with a separate license agreement, any updates or patches to the original game software that are provided to you or that you can download from any SEL website or other source authorized by SEL expressly for this purpose, including software required to access and / or use any online features and functionality that may be associated with the computer game software (subject to the additional terms of use applicable for such online mode,). The terms and conditions of this EULA are without prejudice to any terms and conditions that govern the use of any proprietary third party exclusive software including but not limited to any STEAM ™ software. Software owned by third parties may be incorporated into the media containing this Software or downloaded into the software package containing the Software and may be necessary to use some of the functionality of this Software, the use of which may be subject to and conditioned upon your acceptance and compliance with additional third-party user license.
Copyright and other intellectual property laws and treaties protect this Software. The Software is licensed, not sold.
2. Granting of a non-exclusive and limited license
As long as you comply with the provisions of this EULA, SEL grants you a limited, non-exclusive right and license to:
(a) install one (1) copy of the Software to and use it on a single hard drive that is under your care and control and that meets the specifications referred to in the manual for your own private and home use only;
(b) transfer the Software from one hard drive to another, provided that it is used on only one hard drive (1) at any time and from any hard drive on which it is used in its custody and control at the time of use ;
(c) transfer the Software (complete with all components and documentation) and the benefits of this EULA to another person provided that such person agrees to accept the terms of this EULA and at the same time transfer any authorized copies of the Software that you may have made to that person or destroy all copies of the Software not transferred. If the assignee does not accept these terms, this EULA will automatically terminate. After the transfer, you undertake to delete this Software from your hard drive and the license granted under this EULA will be automatically and immediately terminated.
All rights not expressly granted below are, to the maximum extent permitted by law, reserved for SEL and its licensors. Your use rights under this EULA are strictly conditioned on your observance of the terms and conditions contained in this EULA at all times.
In some cases, your rights to use the Software may be subject to a limitation on the number of activations or registrations of the Software as stated at the time of sale or on the packaging of the Software. In this case, your ability to transfer the Software in the manner permitted in paragraph 2.1 (b) and (c) above may not be possible when the maximum number of permitted activations of the Software has been reached.
3. Restrictions
You can not:
(a) to make any commercial use or exploitation of the Software in any way;
(b) install or use the Software on a network server, multi-user agreement or arrangements for remote access for the purpose of distribution to 1 (one) or more computer (s) on such network or to make such distribution or make a copy available the Software in any form or through any means of communication where it could be used by multiple users;
(c) without a license, additional separately from Derik Moretti da Silveira, to use the Software or allow the use of the Software, on more than one personal CPU, game console, smartphone or PDA device at the same time;
(d) except as expressly permitted by this EULA and unless and not expressly authorized by law, rent, lease, sublicense, lend, exploit for profit or gain, copy, modify, adapt, merge, translate, use, reproduce, distribute, transmit, publicly perform, store in a recovery system or trade the Software or any part of it in any way;
(e) except where applicable law expressly authorizes, does reverse engineering, obtains the source code, modifies, decompiles, disassembles or creates derivative works from all or any part of the Software, in whole or in part. If the applicable law expressly permits such acts, and any lawful modifications, adaptations and improvements and all copyrights therein will be deemed assigned and will belong to, confer and be the exclusive property of SEL and / or its licensors with respect to the creation to the maximum extent permitted by law and you waive all or any moral rights in such creations;
(f) remove, disable or circumvent any security protections or any technical measures that control access to the Software and / or are intended to prevent or inhibit the infringement of any copyright or other intellectual property rights in the Software;
(g) remove, modify, deface or circumvent any notices or labels contained in or within the Software;
(h) export or re-export the Software or any copy or adaptation in violation of applicable laws or regulations; or
(i) creating executable data or programs that mimic data or functionality in the Software.
In addition, you agree that you will comply with any information security, maintenance, or other relevant notices contained in the manual that accompanies the Software.
4. Online / multiplayer features and functionality
This Software may allow services operated by SEL and / or its affiliates or authorized third parties on its behalf to be accessed, which allow users of the Software to benefit from certain online or multiplayer features and functionality associated with the Software (“Resources Online ”). These online services and resources may, however, require payment of additional fees. In addition, access to and use of such services / Online Resources and other goods or information made available as part of such services may be subject to the completion of a registration process and acceptance of additional terms and conditions, including, among others, privacy policies that govern the use and processing of personally identifiable information. It is important to note that not all purchasers of this Software will be able to register for or benefit from such services (including Online Resources associated with the Software). These services and Online Resources may not be available in your country, there is no guarantee that they will be available for any period (and may be subject to suspension or withdrawal at any time) and may, for example, be subject to age restrictions. An internet connection will be required to access Online Resources.
If you use Online Resources, we and our affiliates may also collect, store, process, distribute and publicly display some data about your game. This data may include your username, username, scores, rankings, results, achievements and any other personal profile information that you can choose to make available for other players to view. Without prejudice to any authorizations that you may grant us under any other agreement between you and us with respect to such data, all data that personally identifies you, will be collected, stored, used, processed and distributed in accordance with the Privacy Policy. SEL privacy object of Paragraph 5 below.
5. Your consent for us to use certain data
Without prejudice to Paragraph 4 above, from time to time we may, when you play, collect anonymous information that is not personally identifiable (that is, information that neither identifies nor is linked, associated or that can be used to identify you) about your hardware system , including how you are using the Software (including information about the successful installation and removal of the Software). This information may also include your internet protocol (IP) address (a numeric number assigned by your internet service provider to identify your computer). This information can be used not only to help you play the game on the Software via the Internet (if the Software has Online Resources) and also to help us better understand how our customers are using the Software, their behavior and preferences so that we can improve our computer games and services in the future. This information will not, however, be used to identify you without your knowledge and separate consent. This information and any other data that you may provide to us or that may be collected by us in connection with your installation and use of the Software or any online functionality will be collected, stored, retrieved, used and distributed in accordance with the latest Privacy Policy and SEL's Cookie Policy applicable to your region found at respectively.
In case of conflict between any provision of the Privacy Policy and this Paragraph 5, the Privacy Policy will prevail.
6. Advertising integrated into the game
The Software may incorporate technology (which may be provided by SEL or external service providers contracted by SEL (each “Dynamic Advertising Provider”)), which allows you to send advertising to the Software on your computer and change it while the Software is being played online. In order for the Dynamic Advertising Provider to target appropriate advertising for its Software and geographic region, as well as to the correct location within the computer game, some data and information may be retrieved and maintained by the Dynamic Advertising Provider, including its address of IP, geographic location, position in the game and information regarding the appearance of visible advertising during the game (for example, the period when an advertising item is visible, the dimensions of the ads). In addition, the Dynamic Advertising Provider can assign a unique identification number, which is stored on your computer and is used to monitor and calculate the number of dynamic advertising views during the game. None of the information collected for this purpose, including your identification number, can be used to identify you.
The technology employed by Dynamic Advertising Providers may be located outside your country of residence (including outside the European Union).
When a Software incorporates dynamic advertising technology, the technology it serves provides dynamic in-game advertising is integrated with the Software. This means that if you do not want to receive dynamic advertising, use the Software only when you are not connected to the Internet. By playing the game when connected to the Internet, you agree to the use of dynamic advertising, as described in this paragraph.
7. Termination
Without prejudice to any other rights, SEL may terminate this EULA immediately without notice if you fail to comply with the terms and conditions of this EULA. Upon termination, you must destroy all copies of the Software as well as all of its components, including any Software stored on any computer's hard drive. You may also terminate the EULA at any time by destroying the Software and uninstalling it from your hard drive or other applicable hardware. All provisions of this EULA relating to disclaimers or warranties, limitations of liability, remedies or damages and SEL property rights, choice of venue and jurisdiction, indemnity and general provisions will remain in effect.
8. Ownership
You own proprietary rights only to the media on which the Software is recorded. SEL and / or its licensors will retain the proprietary rights to the Software recorded on the media and all subsequent copies, regardless of form.
9. Limited warranty and exclusions
9.1 LIMITED WARRANTY.
This limited warranty is, in addition to, and does not affect, your rights under the law, which cannot be excluded or limited in any way under applicable law.
When the Software is recorded on physical media by SEL, SEL warrants to the original purchaser of the Software that the physical medium on which the Software is recorded, under normal conditions of use, is free from significant defects in material and workmanship by a ninety (90) days from the date of purchase. SEL's entire liability under this limited warranty will, at SEL's sole discretion, either (a) refund of the price paid for the purchase of the Software, or (b) repair or, at SEL's discretion, the free replacement of the Software that does not meet this limited warranty as long as the following procedures and conditions are observed. All claims under this limited warranty must be made with the return of the original physical medium in its original condition and packaging to the point of sale, along with a copy of the original sales receipt or other proof of the date of purchase, a statement describing defects and a return address (“Material Needed”). When this is not possible for any reason (and provided it is within 90 days from the date of purchase) the defective medium must be returned to SEL at the address specified in the manual accompanying this Software together with the necessary material and address from the place where the Software was purchased.
9.2 The limited warranty in Paragraph 9.1 above is void and does not apply to means of communication that have been the object of improper use, accidents, damage or excessive wear. Any replacement software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.
9.3 THE LIMITED WARRANTY IN PARAGRAPH 9.1 DOES NOT APPLY TO THE OWN SOFTWARE THAT IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SEL AND ITS LICENSORS DISCLAIM ALL OTHER STATEMENTS, WARRANTIES, CONDITIONS AND OTHER TERMS, EXPRESS OR TACITES, INCLUDING, BUT NOT LIMITED TO, TACITY WARRANTIES AND / OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, SATISFACTORY QUALITY, SATISFACTORY QUALITY OF INTELLECTUAL PROPERTY AND FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO THE SOFTWARE AND EACH PART OF IT. WITHOUT LOSS AS TO THE GENERALITY OF THE FOREGOING, SEL DOES NOT WARRANT THAT THE SOFTWARE IS ERROR FREE OR THAT IT WILL WORK WITHOUT INTERRUPTION OR THAT SEL WILL REPAIR ANY ERRORS IN THE SOFTWARE. SEL DOES NOT WARRANT THAT THE SOFTWARE WILL WORK ON ALL COMPUTER TYPES. SEE THE MANUAL ON MINIMUM TECHNICAL REQUIREMENTS.
9.4 IN ADDITION TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
(A) IN NO EVENT WILL SEL OR ITS LICENSORS BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF BUSINESS, OR LOSS OF BUSINESS, OR LOSS OF BUSINESS OR LOSS OF BUSINESS, OR LOSS OF BUSINESS DAMAGES, LOSS OF BUSINESS, OR THAT HAVE BEEN CAUSED BY THE USE OF THE SOFTWARE EVEN IF SEL HAS BEEN INFORMED ABOUT THE POSSIBILITY OF SUCH DAMAGES. THE ENTIRE RISK OF USE (INCLUDING BETWEEN OTHER (A) ANY DAMAGE TO YOUR HARDWARE, DATA OR SOFTWARE OR (B) AS A RESULT OF NOT FOLLOWING THE PRECAUTIONS DEFINED IN THE MANUAL) IS YOURS.
(B) IN ANY CASE, THE MAXIMUM AGGREGATE LIABILITY OF SEL AND ITS LICENSORS FOR OR IN CONNECTION WITH THIS EULA OR THE USE OR ATTEMPTED USE OF THE SOFTWARE WILL BE LIMITED TO THE AMOUNT REALLY PAID FOR THE SOFTWARE.
9.5 Nothing in this EULA will limit or exclude SEL's liability to you in the event of death or injury due to negligence to the extent this exclusion or limitation is illegal, unenforceable or void under the law.
9.6 Some jurisdictions do not allow the warranty exclusions and limitations of liability set out in this paragraph 9. Nothing in this paragraph 9 affects your legal rights as a consumer that, under applicable law, do not exclude or limit. These legal rights may vary from state / jurisdiction to state / jurisdiction.
9.7 You understand that the Software may be updated and patched at any time and, therefore, there will be no obligation to provide such updates or patches under the terms of this EULA.
10. Jurisdiction and dispute resolution
10.1 Subject to paragraph 10.2 below, this EULA and any claim or dispute of any nature (including any non-contractual dispute) arising out of or related to this EULA will be governed and interpreted in accordance with the law of England and Wales. Each party irrevocably and for all purposes submits, with respect to the EULA (including any dispute or claim) to the exclusive jurisdiction of the English courts, except that nothing in this EULA shall limit the SEL's right to bring action against any party to any other court of competent jurisdiction, nor the filing of such action in one or more jurisdictions, the filing of other actions of this type in any other jurisdiction (simultaneously or not) to the extent permitted by the law of such jurisdiction.
10.2 If you acquired this Software in the United States, and any claim or litigation of any nature arising out of or related to this EULA will be governed and construed in accordance with the law of the State of California, USA, and subject to the non-exclusive jurisdiction of the state courts and federal offices located in San Francisco, California, USA.
103. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this EULA.
11. Precautionary measure
Since SEL would suffer irreparable damage if the terms of this Agreement have not been specifically applied, you agree that we have the right, without the right of collateral or other guarantee or proof of damage, to take the necessary measures, including, without limitation, to obtain precautionary measure and other equitable remedies, in addition to any other remedies available by law.
12. Indemnity
You agree to indemnify, defend and exempt SEL, its partners, affiliates, contractors, licensors, executives, directors, employees and agents from all claims, damages, costs and expenses (including attorney's fees) arising directly or indirectly from your acts of omissions in connection with the use of the Software or any breach of the terms of this EULA.
13. Miscellaneous provisions
13.1 If you acquired this Software in the United States, you will not export or re-export it, except as authorized and permitted by United States laws and regulations.
13.2 Notwithstanding the provisions of paragraph 9.6, this EULA, together with any other agreement, policy or other document expressly referred to in this EULA, represents the entire agreement between SEL and you with respect to the license and use of the Software and replaces all previous or contemporary covenants. Without prejudice to paragraphs 13.4 and 13.5, no changes or modifications to this EULA will be mandatory unless made in writing and signed by a duly authorized SEL representative.
13.3 You agree and acknowledge that all titles, property rights, intellectual property rights relating to the Software and any and all copies of the Software (including, without limitation, any derivative works, titles, computer code, themes, objects, characters, character names, stories, dialogues, catchphrases, locations, concepts, artwork, graphics, animations, sounds, musical compositions, audiovisual effects, text, screen, operating methods, moral rights, "applets" incorporated into the Software and any related documentation) are the property of Derik Moretti da Silveira or its licensors.
13.4 SEL reserves the right to change this EULA at any time, in its sole discretion, but will post such changes on the Derik Moretti da Silveira website and / or communicate such changes to you via any digital rights management system used to protect the content of the Software, such as, where applicable, the STEAM ™ service where the STEAM ™ software is used for this purpose. If such future changes to this EULA are unacceptable to you or cause you not to be in compliance with this EULA, you can terminate this EULA in accordance with the above termination provisions. Your installations and use of any updates or modifications to the Software or your continued use of the Software following notice of changes to this EULA will be your acceptance of any and all such changes to the terms of this EULA.
13.5 If any court or competent authority considers that any provision of this EULA (or part of any provision) is invalid, illegal or unenforceable under the law, this provision or part of the provision will, as necessary, be considered excluded and the validity and applicability of the remaining provisions of this EULA will not be affected.
Last updated April 15, 2021