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Last Updated: April 06, 2022
This End User License Agreement (“EULA”) may be updated from time to time. Your continued use of the Game (as defined hereunder) after a revised version has been posted or communicated to you constitutes acceptance by you of its terms.
The NOCTURAMA version, including without limitation any multi-player, online, or downloadable content thereof (the “Game”) is protected by the copyright laws of Italy, international copyright treaties and conventions and other laws. The Game is licensed, and not sold, and this agreement confers no title or ownership to the Game program or any copy thereof. In addition to the terms and conditions hereof, when using particular portions of the Game, including without limitation any multi-player, online, or downloadable content, you may be subject to additional guidelines of third party service providers.
1. PRECONDITIONS OF THE LICENSE. The licenses granted in this EULA are specifically conditioned upon the following and your full compliance with all other terms and conditions set forth in this EULA:
a. You have accepted all of the terms in this EULA and any additional terms as may be applicable to the Game you are playing, which is evidenced by your use of the Game;
b. You agree to and comply with all of the terms stipulated by Steam which is evidenced by your use of the Game; any violation of the Steam terms will be considered a violation of this EULA;
c. You agree to and comply with all of the terms in this EULA until such time as you have completed and permanently terminated your use of the Game by deleting all aspects of the Game from your machine (e.g., account deletion, deletion of Game-related files, destruction of the physical media on which the copy of the Game in your possession exists, etc.);
d. You access and use the Game only on a single home video game entertainment system, running validly licensed copies of operating systems on which the Game was designed to operate (the “Hardware”); and
e. You do not use any hacks, cracks, bots, or third party Game which may modify, temporarily or permanently, the code or the user experience of the Game, whether on your local machine or on servers which enable use of any features of the Game.
2. LIMITED USE LICENSE. Authors grants you the non-exclusive, non-transferable, revocable, limited right and license to use one copy of the Game solely for your personal use with the Hardware. Commercial use of the Game is prohibited. To play the Game and/or access any online content related to the Game, you must have legally obtained the Game from the Authors, and all applicable or required Hardware and/or third party game to operate the Game and/or access any online, multi-player or downloadable content of the Game (which we do not provide). You are responsible for paying all fees and taxes for any Hardware and other costs you may incur to access the Game, including internet service or other third party charges required to access any multi-player, online or downloadable content of the Game (if applicable). Neither this agreement nor use of the Game entitles you to any future releases of the Game, nor to any expansions, sequels, or similar or ancillary products. The Authors may, in their sole discretion, change, modify, suspend, or discontinue the Game or any aspect of the Game at any time. BNEE may also impose limits on certain features or restrict your access to parts or all of the Game without notice or liability. You have no interest, monetary or otherwise, in any feature or content contained in the Game. You understand that the Game is provided by the Authors at their discretion and may be terminated or otherwise discontinued at any time without notice.
3. OWNERSHIP. All intellectual property rights in and to the Game (including but not limited to video, audio and other content incorporated therein or later downloaded) and title to any and all copies thereof are owned by the Authors or its licensors, and you receive no right or interest therein, except for the limited licenses expressly provided herein.
You may not do any of the following:
• Copy the Game except for a single backup copy;
• Sell, rent, lease, license, distribute or otherwise transfer or make the Game available to any other person, in whole or in part, or use the Game or any part thereof in any commercial context, including but not limited to use on a commercial website, or in a service bureau, "cyber cafe", computer gaming center or any other commercial location in which multiple users who have not each separately purchased the Game may access the Game program.
• Reverse engineer, derive source code, modify, decompile, disassemble, or create derivative works of the Game or any online portion thereof, in whole or in part;
• Remove, disable or circumvent any proprietary notices or labels contained on or within the Game or any online portion thereof; or
• Export or re-export the Game or any copy or adaptation in violation of any applicable E.U. export restrictions or other laws or regulations.
4. SECURITY MEASURES/PROTECTIONS. Certain security measures may be required in order for you to make full use of the Game, including without limitation the requirement to register the Game with a serial code, the requirement to have continual access to the Internet; and/or the acceptance of security/digital rights management features. Failure to accept the security measures may partially or completely impair your use of the Game.
5. LIMITATION ON DAMAGES.
5.1 THE AUTHORS AND ITS LICENSORS MAKE NO PROMISE OR WARRANTY THAT THE GAME WILL WORK PROPERLY. YOU ACKNOWLEDGE AND AGREE THAT BNEE AND ITS LICENSORS ARE NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE GAME, (2) ANY INCOMPATIBILITY BETWEEN THE GAME, AND OTHER SERVICES, GAME AND HARDWARE, OR (3) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE GAME IN AN ACCURATE OR TIMELY MANNER. THE GAME, AND ALL OTHER SERVICES ARE PROVIDED “AS IS.” EXCEPT AS DESCRIBED HEREIN OR IN OUR LIMITED WARRANTY ACCOMPANYING THE GAME, BNEE AND ITS LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BNEE does not ensure continuous, error free, secure or virus-free operation of any online, multi-player or downloadable content of the Game or continued operation or availability of any given server.
6. TERMINATION/SUPSENSION.
6.1 This EULA is effective upon your agreement to be bound by its terms and remains in effect until terminated by you or the Authors. You may terminate this EULA at any time by deleting and destroying any and all copies of the Game in your possession, custody, or control.
6.2 Except as otherwise prohibited by applicable law, the Authors may limit, suspend, or terminate the licenses granted hereunder and your access to and use of the Game, including, but not limited to Virtual Items and any related services and products, at any time and for any reason without notice or liability to you.
6.3 Without limiting any other rights of the Authors, if you fail to comply with the terms and conditions of this EULA, the Authors retains the right, in its sole discretion, to immediately limit, suspend, or terminate your access to and/or use of the Game.
6.4 Upon termination of this EULA, your rights to access and use the Game, including any licenses and access to Virtual Items, user data, points, character progress, and any other information of any kind related to the Game, will terminate immediately, and you must cease all use of the Game. In the event the Game is terminated, you must destroy all copies of the Game and all of its component parts.
6.5 The termination of this EULA will not affect Athor’s rights or your obligations arising under this EULA. Those terms that by their nature are intended to survive this EULA, shall survive this EULA.
7. PRIVACY. The Authors respects your privacy rights and is committed to protecting your personal information. Any personal information supplied by you will be subject to the privacy policy posted at . Notwithstanding what is stated in the privacy policy, if you use any online services, such as online play or the downloading and uploading of content, the Authors and their affiliates may also collect, use, store, transmit and publicly display statistical data regarding game play (including scores, rankings and achievements), or identify content that is created and shared by you with other players.
8. INJUNCTION. Because the Authors would be irreparably damaged if the terms of this agreement were not specifically enforced, you agree that the Authors and/or their licensors shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to breaches of this agreement, in addition to such other remedies as the Authors may otherwise have under applicable laws.
9. INDEMNITY. You agree to indemnify, defend and hold the Authors, its licensors and each of their respective partners, affiliates, contractors, officers, directors, employees and agents harmless from all damages, losses and expenses arising directly or indirectly from your acts and omissions to act in using the Game pursuant to the terms of this agreement.
10. APPLICABLE LAW AND JURISDICTION. This Agreement shall be interpreted in accordance with and governed by the laws of Italy. Any dispute arising in connection with this Agreement, which cannot be settled amicably after reasonable efforts, shall be submitted to the jurisdiction of the Commercial Court of Lyon.
11. MISCELLANEOUS. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. The Author’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. You may not assign or transfer this Agreement or your rights hereunder, and any attempt to the contrary is void. This Agreement sets forth the entire understanding and agreement between the Authors and you with respect to the subject matter hereof.
12. RELATIONSHIP TO OTHER TERMS OF USE. This EULA applies to all online service, content, Games, and products, and may be incorporated in to additional Game-specific terms of use. In the event of a conflict between this EULA and a Game-specific terms of use document, this EULA shall control (unless specifically stated otherwise in the Game-specific terms of use).
This End User License Agreement (“EULA”) may be updated from time to time. Your continued use of the Game (as defined hereunder) after a revised version has been posted or communicated to you constitutes acceptance by you of its terms.
The NOCTURAMA version, including without limitation any multi-player, online, or downloadable content thereof (the “Game”) is protected by the copyright laws of Italy, international copyright treaties and conventions and other laws. The Game is licensed, and not sold, and this agreement confers no title or ownership to the Game program or any copy thereof. In addition to the terms and conditions hereof, when using particular portions of the Game, including without limitation any multi-player, online, or downloadable content, you may be subject to additional guidelines of third party service providers.
1. PRECONDITIONS OF THE LICENSE. The licenses granted in this EULA are specifically conditioned upon the following and your full compliance with all other terms and conditions set forth in this EULA:
a. You have accepted all of the terms in this EULA and any additional terms as may be applicable to the Game you are playing, which is evidenced by your use of the Game;
b. You agree to and comply with all of the terms stipulated by Steam which is evidenced by your use of the Game; any violation of the Steam terms will be considered a violation of this EULA;
c. You agree to and comply with all of the terms in this EULA until such time as you have completed and permanently terminated your use of the Game by deleting all aspects of the Game from your machine (e.g., account deletion, deletion of Game-related files, destruction of the physical media on which the copy of the Game in your possession exists, etc.);
d. You access and use the Game only on a single home video game entertainment system, running validly licensed copies of operating systems on which the Game was designed to operate (the “Hardware”); and
e. You do not use any hacks, cracks, bots, or third party Game which may modify, temporarily or permanently, the code or the user experience of the Game, whether on your local machine or on servers which enable use of any features of the Game.
2. LIMITED USE LICENSE. Authors grants you the non-exclusive, non-transferable, revocable, limited right and license to use one copy of the Game solely for your personal use with the Hardware. Commercial use of the Game is prohibited. To play the Game and/or access any online content related to the Game, you must have legally obtained the Game from the Authors, and all applicable or required Hardware and/or third party game to operate the Game and/or access any online, multi-player or downloadable content of the Game (which we do not provide). You are responsible for paying all fees and taxes for any Hardware and other costs you may incur to access the Game, including internet service or other third party charges required to access any multi-player, online or downloadable content of the Game (if applicable). Neither this agreement nor use of the Game entitles you to any future releases of the Game, nor to any expansions, sequels, or similar or ancillary products. The Authors may, in their sole discretion, change, modify, suspend, or discontinue the Game or any aspect of the Game at any time. BNEE may also impose limits on certain features or restrict your access to parts or all of the Game without notice or liability. You have no interest, monetary or otherwise, in any feature or content contained in the Game. You understand that the Game is provided by the Authors at their discretion and may be terminated or otherwise discontinued at any time without notice.
3. OWNERSHIP. All intellectual property rights in and to the Game (including but not limited to video, audio and other content incorporated therein or later downloaded) and title to any and all copies thereof are owned by the Authors or its licensors, and you receive no right or interest therein, except for the limited licenses expressly provided herein.
You may not do any of the following:
• Copy the Game except for a single backup copy;
• Sell, rent, lease, license, distribute or otherwise transfer or make the Game available to any other person, in whole or in part, or use the Game or any part thereof in any commercial context, including but not limited to use on a commercial website, or in a service bureau, "cyber cafe", computer gaming center or any other commercial location in which multiple users who have not each separately purchased the Game may access the Game program.
• Reverse engineer, derive source code, modify, decompile, disassemble, or create derivative works of the Game or any online portion thereof, in whole or in part;
• Remove, disable or circumvent any proprietary notices or labels contained on or within the Game or any online portion thereof; or
• Export or re-export the Game or any copy or adaptation in violation of any applicable E.U. export restrictions or other laws or regulations.
4. SECURITY MEASURES/PROTECTIONS. Certain security measures may be required in order for you to make full use of the Game, including without limitation the requirement to register the Game with a serial code, the requirement to have continual access to the Internet; and/or the acceptance of security/digital rights management features. Failure to accept the security measures may partially or completely impair your use of the Game.
5. LIMITATION ON DAMAGES.
5.1 THE AUTHORS AND ITS LICENSORS MAKE NO PROMISE OR WARRANTY THAT THE GAME WILL WORK PROPERLY. YOU ACKNOWLEDGE AND AGREE THAT BNEE AND ITS LICENSORS ARE NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE GAME, (2) ANY INCOMPATIBILITY BETWEEN THE GAME, AND OTHER SERVICES, GAME AND HARDWARE, OR (3) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE GAME IN AN ACCURATE OR TIMELY MANNER. THE GAME, AND ALL OTHER SERVICES ARE PROVIDED “AS IS.” EXCEPT AS DESCRIBED HEREIN OR IN OUR LIMITED WARRANTY ACCOMPANYING THE GAME, BNEE AND ITS LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BNEE does not ensure continuous, error free, secure or virus-free operation of any online, multi-player or downloadable content of the Game or continued operation or availability of any given server.
6. TERMINATION/SUPSENSION.
6.1 This EULA is effective upon your agreement to be bound by its terms and remains in effect until terminated by you or the Authors. You may terminate this EULA at any time by deleting and destroying any and all copies of the Game in your possession, custody, or control.
6.2 Except as otherwise prohibited by applicable law, the Authors may limit, suspend, or terminate the licenses granted hereunder and your access to and use of the Game, including, but not limited to Virtual Items and any related services and products, at any time and for any reason without notice or liability to you.
6.3 Without limiting any other rights of the Authors, if you fail to comply with the terms and conditions of this EULA, the Authors retains the right, in its sole discretion, to immediately limit, suspend, or terminate your access to and/or use of the Game.
6.4 Upon termination of this EULA, your rights to access and use the Game, including any licenses and access to Virtual Items, user data, points, character progress, and any other information of any kind related to the Game, will terminate immediately, and you must cease all use of the Game. In the event the Game is terminated, you must destroy all copies of the Game and all of its component parts.
6.5 The termination of this EULA will not affect Athor’s rights or your obligations arising under this EULA. Those terms that by their nature are intended to survive this EULA, shall survive this EULA.
7. PRIVACY. The Authors respects your privacy rights and is committed to protecting your personal information. Any personal information supplied by you will be subject to the privacy policy posted at . Notwithstanding what is stated in the privacy policy, if you use any online services, such as online play or the downloading and uploading of content, the Authors and their affiliates may also collect, use, store, transmit and publicly display statistical data regarding game play (including scores, rankings and achievements), or identify content that is created and shared by you with other players.
8. INJUNCTION. Because the Authors would be irreparably damaged if the terms of this agreement were not specifically enforced, you agree that the Authors and/or their licensors shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to breaches of this agreement, in addition to such other remedies as the Authors may otherwise have under applicable laws.
9. INDEMNITY. You agree to indemnify, defend and hold the Authors, its licensors and each of their respective partners, affiliates, contractors, officers, directors, employees and agents harmless from all damages, losses and expenses arising directly or indirectly from your acts and omissions to act in using the Game pursuant to the terms of this agreement.
10. APPLICABLE LAW AND JURISDICTION. This Agreement shall be interpreted in accordance with and governed by the laws of Italy. Any dispute arising in connection with this Agreement, which cannot be settled amicably after reasonable efforts, shall be submitted to the jurisdiction of the Commercial Court of Lyon.
11. MISCELLANEOUS. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. The Author’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. You may not assign or transfer this Agreement or your rights hereunder, and any attempt to the contrary is void. This Agreement sets forth the entire understanding and agreement between the Authors and you with respect to the subject matter hereof.
12. RELATIONSHIP TO OTHER TERMS OF USE. This EULA applies to all online service, content, Games, and products, and may be incorporated in to additional Game-specific terms of use. In the event of a conflict between this EULA and a Game-specific terms of use document, this EULA shall control (unless specifically stated otherwise in the Game-specific terms of use).