바카라사이트

Please read this EULA carefully, as it sets out the basis upon which we license the Software for use.

Before you download the Software from our website or the platform of one of our appointed distribution partners, you will be asked to give your express agreement to the provisions of this EULA.

1.1 In this EULA, except to the extent expressly provided otherwise:

"Distribution Platform" means any digital distribution platform operated by a third party by means of which the User lawfully acquired the Software, including Steam;

"Distribution Platform Terms and Conditions" means the terms and conditions of the Distribution Platform that set out any rights and/or obligations of the User in relation to the Software;

"Editing Tools" means software tools for creating Mods that are supplied with the Software or are made available to the User by the Licensor or with the authorisation of the Licensor, including Warudo SDK;

"Effective Date" means the date upon which the User accepts the terms of this EULA in accordance with the preamble to this EULA;

"EULA" means this end user license agreement, including any amendments to this end user license agreement from time to time;

"Feedback" means any feedback, advice or suggestions provided by the User to the Licensor by email or through the official Discord server for the Software concerning the Software and/or any other Softwares or any services of the Licensor;

"Force Majeure Event" means an event, or a series of related events, that is outside the reasonable control of the party affected (including failures of the internet or any public telecommunications network, hacker attacks, denial of service attacks, virus or other malicious software attacks or infections, power failures, industrial disputes affecting any third party, changes to the law, disasters, epidemics, pandemics, explosions, fires, floods, riots, terrorist attacks and wars);

"Software" means Warudo, as modified, patched, updated and upgraded from time to time by or with the authorisation of the Licensor;

"Intellectual Property Rights" means all intellectual property rights wherever in the world, whether registrable or unregistrable, registered or unregistered, including any application or right of application for such rights (and these "intellectual property rights" include copyright and related rights, database rights, confidential information, trade secrets, know-how, business names, trade names, trade marks, service marks, passing off rights, unfair competition rights, patents, petty patents, utility models, semi-conductor topography rights and rights in designs);

"Licensor" means the creator, provider, and copyright owner of the Application that is granting the License;

"Mods" means modifications to the Software created by the User, which may include models, scripts and plugins;

"Permitted Hardware" means any desktop, laptop or tablet computer that is owned by and in the physical control of the User and meets the minimum hardware requirements for the Software published by the Licensor from time to time;

"Support Services" means support in relation to the use of the Software and the identification and resolution of bugs and other errors in the Software;

"Term" means the term of this EULA, commencing in accordance with Clause 2.1 and ending in accordance with Clause 2.2;

"Update" means a hotfix, patch or version update (minor or major) to the Software;

"User" means the person to whom the Licensor grants a right to use the Software under this EULA in accordance with the preamble to this EULA;

"User Content" means all works and materials (including text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that the User submits to the Software, save to the extent that such works and materials are expressly excluded by this EULA, but in any case including User Communications and Feedback; and

"User Creations" means screenshots, audio recordings and video footage created by the User that reproduce content from the Software, together with any derivative works of such screenshots, audio recordings and video footage created by the User (such as memes, reviews, Software guides, Let's Play videos and livestreams).

2.1 This EULA shall come into force upon the Effective Date.

2.2 This EULA shall continue in force indefinitely, subject to termination in accordance with Clause 17 or any other provision of this EULA.

3.1 The Licensor hereby grants to the User from the date of supply of the Software to the User until the end of the Term a worldwide, non-exclusive, non-transferable license to:

- (a) install a copy of the Software on the Permitted Hardware; and

- (b) use a single instance of the Software on the Permitted Hardware, for the private and domestic purposes of the User and subject to the limitations and exclusions set out and referred to in this Clause 3.

3.2 Any license granted to the User under this Clause 3 shall be subject to the following prohibitions:

- (a) the User must not sell, resell, rent, lease, loan, license, sub-license, gift, supply, transfer, publish, distribute or redistribute the Software;

- (b) the User must not make the Software available for download or access by others;

- (c) the User must not commercially exploit the Software or use the Software to provide any service (including using the Software at an internet cafe or computer gaming centre);

- (d) the User must not decompile, de-obfuscate or reverse engineer, or attempt to decompile, de-obfuscate or reverse engineer, the Software;

- (e) the User must not delete, remove, disable or circumvent any security protection measures or proprietary notices in or associated with the Software;

- (f) the User must not import or export the Software, or otherwise use the Software, in contravention of any applicable laws; and

- (g) the User must not use the Software for livestreaming activities unless the User: (1) owns the copyrights of the character model used in livestreaming, and possesses ownership of accounts on social or livestreaming platforms; and (2) has no contractual obligations to livestream, unless such a contract is directly in agreement with a major livestreaming platform including Twitch and YouTube,

save to the extent expressly permitted by this EULA or permitted by applicable law on a non-excludable basis.

4.1 The User must not use the Software in any of the following ways:

- (a) in any way that causes or may cause damage to the Software or to any other Software, products or services of the Licensor;

- (b) in any way that causes or may cause impairment of the performance, availability or accessibility of the Software or any other Software, products or services of the Licensor;

- (c) in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

- (d) to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software; or

- (e) to conduct any systematic or automated data collection activities (including scraping, data mining, data extraction and data harvesting).

5.1 Nothing in this EULA shall transfer ownership of any Intellectual Property Rights in the User Content from the User to the Licensor.

5.2 The User must ensure that the User Content is not illegal or unlawful, does not infringe any person's legal rights, and is not capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

5.3 The User must ensure that the User Content, and its use by the Licensor in accordance with the licenses set out in this EULA, does not:

* (a) constitute a libel or malicious falsehood;

* (b) constitute an obscenity or indecency;

* (c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;

* (d) infringe any right of confidence, right of privacy or right under data protection legislation;

* (e) constitute negligent advice or contain any negligent statement;

* (f) constitute in an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;

* (g) constitute a contempt of any court, or be in breach of any court order;

* (h) breach any racial or religious hatred or discrimination legislation;

* (i) breach official secrets legislation;

* (j) breach any contractual obligation owed to any person;

* (k) depict or promote self-harm;

* (l) contain any untrue, false, inaccurate or misleading material;

* (m) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;

* (n) contain any offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory material; or

* (o) cause annoyance, inconvenience or needless anxiety to any person.

5.4 The User shall ensure that the User Content must not include any material that is or has ever been the subject of any threatened or actual legal proceedings or any similar complaint.

5.5 The User shall ensure that the User Content does not consist of or contain any legal, financial, investment, taxation, accountancy, medical or other professional advice.

5.6 The User shall ensure that the User Content does not constitute or contain spam - which for these purposes shall include all unlawful commercial communications, bulk commercial communications and unsolicited commercial communications.

5.7 The User Content shall not be uploaded to any first-party or third-party services unless explicitly done so by the User. This includes, but is not limited to, any form of automatic or default uploading or sharing. The User retains full control over the uploading and distribution of their User Content, as further detailed in Clause 7.

6.1 The provisions of this EULA relating to User Content shall not apply to User Creations, save to the extent expressly provided otherwise in this Clause 6.

6.2 Subject to Clause 13.2, the User shall retain ownership of all Intellectual Property Rights in those works and materials comprised in the User Creations to the extent that they are the original creative work of the User.

6.3 The Licensor hereby grants to the User a worldwide, non-exclusive, non-transferable license to:

* (a) create User Creations; and

* (b) publish those User Creations by means of any reputable content distribution platform,

subject to the other provisions of this EULA.

6.4 The User must ensure that the User Creations comply with the provisions of Clause 5 as if they were User Content.

6.5 The Licensor may terminate the licenses granted by the Licensor to the User and set out in this Clause 6 at any time in its sole discretion by giving to the User written notice of termination.

7.1 The provisions of this EULA relating to User Content shall not apply to Mods, save to the extent expressly provided otherwise in this Clause 7.

7.2 Subject to Clause 13.2, the User shall retain ownership of all Intellectual Property Rights in those works and materials comprised in the Mods to the extent that they are the original creative work of the User.

7.3 The Licensor hereby grants to the User a worldwide, non-exclusive, non-transferable license to:

* (a) create Mods by means of the Editing Tools for use in conjunction with the Software; and

* (b) publish and distribute those Mods via Steam Workshop or any other content distribution platform; and

* (c) sell or commercially exploit those Mods for profit.

subject to the other provisions of this EULA.

7.4 The User acknowledges that the Licensor is not responsible for mods created by other users of the Software.

7.5 The User must ensure that:

* (a) the Mods;

* (b) all works and materials comprised in or accessible by means of the Mods; and

* (c) all works and materials created or used by the User for the purpose of promoting the Mods,

comply with the provisions of Clause 5 as if those works and materials were User Content.

7.6 The Licensor may terminate the licenses granted by the Licensor to the User and set out in this Clause 7 at any time in its sole discretion by giving to the User written notice of termination.

8.1 The Licensor hereby grants to the User from the date of supply of the Editing Tools to the User a worldwide, non-exclusive, non-transferable license to:

* (a) install a copy of the Editing Tools on the Permitted Hardware,

exclusively for the purpose of creating Mods for use in conjunction with the Software, and subject to the limitations and prohibitions set out and referred to in this Clause 8.

8.2 The User may not sub-license and must not purport to sub-license any rights granted under Clause 8.1 without the prior written consent of the Licensor.

8.3 Save to the extent expressly permitted by this EULA or required by applicable law on a non-excludable basis, any license granted under this Clause 8 shall be subject to the following prohibitions:

* (a) the User must not sell, resell, rent, lease, loan, gift, supply, publish, distribute or redistribute the Editing Tools.

8.4 The provisions of Clause 4 relating to the Software shall apply equally to the Editing Tools; and, accordingly, references in those provisions to the Software shall be interpreted to include a reference to the Editing Tools.

8.5 The Licensor may terminate the licenses granted by the Licensor to the User and set out in this Clause 8 at any time in its sole discretion by giving to the User written notice of termination.

9.1 The User may from time to time provide Feedback to the Licensor.

9.2 The User acknowledges that:

* (a) the Licensor is not obliged to take account of, implement or otherwise use any Feedback; and

* (b) the Licensor will not compensate the User with respect to any Feedback, whether or not the Licensor takes account of, implements or otherwise uses that Feedback.

10.1 The Licensor may during the Term make available Updates to the User, but shall have no obligation to do so.

10.2 The User must, if prompted to do so by the Software or by the Licensor, apply an Update or Updates before using the Software.

10.3 The User agrees that the Licensor may automatically apply Updates to the Software.

11.1 The Licensor may provide Support Services to the User, but shall have no obligation to do so.

11.2 Any Support Services shall be provided remotely and by such means as the Licensor may designate.

11.3 The User acknowledges and agrees that the Licensor gives no warranties or guarantees in relation to the outcome of the Support Services and, in particular, issues identified through the Support Services may only be resolved through the application of a future Update or, at the discretion of the Licensor, not at all.

12.1 In addition to this EULA, the Distribution Platform Terms and Conditions may affect the rights, obligations and liabilities of the User in relation to the Software.

12.2 In the event of any conflict between this EULA and the Distribution Platform Terms and Conditions, the provisions of the former shall take precedence.

12.3 The User acknowledges that the operator of the Distribution Platform has rights under the Distribution Platform Terms and Conditions which may affect the exercise of the User's rights under this EULA. Subject to Clause 16.1, the Licensor will not be in breach of this EULA as a result of, and will not be liable to the User in respect of:

* (a) any act or omission of the operator; or

* (b) any loss or damage arising out of the operator's exercise of its rights under the Distribution Platform Terms and Conditions.

13.1 Nothing in this EULA shall constitute an assignment or transfer of any Intellectual Property Rights of the Licensor.

13.2 Save to the extent expressly provided otherwise in this EULA, all the Intellectual Property Rights and other rights in:

* (a) the Software;

* (b) the works and materials comprised in the Software; and

* (c) any other software or services of the Licensor,

are hereby reserved to the Licensor and its licensors.

14.1 If the Licensor reasonably determines, or any third party alleges, that the use of the Software by the User in accordance with this EULA infringes any person's Intellectual Property Rights, the Licensor may acting reasonably at its own cost and expense:

* (a) modify the Software in such a way that it no longer infringes the relevant Intellectual Property Rights; or

* (b) procure for the User the right to use the Software in accordance with this EULA.

14.2 The User warrants to the Licensor that it has the legal right and authority to enter into this EULA and to perform its obligations under this EULA.

14.3 All of the parties' warranties and representations in respect of the subject matter of this EULA are expressly set out in this EULA. To the maximum extent permitted by applicable law, no other warranties or representations concerning the subject matter of this EULA will be implied into this EULA or any related contract.

15.1 The User acknowledges that the use of the Software will require computer hardware and software meeting the minimum requirements specified by the Licensor. The User further acknowledges that, as the Software is updated, those requirements may change and, accordingly, the Software may cease to function on the hardware of the User.

15.2 The User acknowledges that complex software is never wholly free from defects, errors and bugs; and the Licensor gives no warranty or representation that the Software will be wholly free from defects, errors and bugs.

15.3 The User acknowledges that complex software is never entirely free from security vulnerabilities; and the Licensor gives no warranty or representation that the Software will be entirely secure.

16.1 Nothing in this EULA will:

* (a) limit or exclude any liability for death or personal injury resulting from negligence;

* (b) limit or exclude any liability for fraud or fraudulent misrepresentation;

* (c) limit any liabilities in any way that is not permitted under applicable law; or

* (d) exclude any liabilities that may not be excluded under applicable law,

and, if a party is a consumer, that party's statutory rights will not be excluded or limited by this EULA, except to the extent permitted by law.

16.2 The limitations and exclusions of liability set out in this Clause 16 and elsewhere in this EULA:

* (a) are subject to Clause 16.1; and

* (b) govern all liabilities arising under this EULA or relating to the subject matter of this EULA, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this EULA.

16.3 The Licensor will not be liable to the User in respect of any losses arising out of a Force Majeure Event.

16.4 The Licensor will not be liable to the User in respect of any business losses, including loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

16.5 The Licensor will not be liable to the User in respect of any loss or corruption of any data, database or software.

16.6 The Licensor will not be liable to the User in respect of any special, indirect or consequential loss or damage.

17.1 This EULA shall immediately and automatically terminate if the User commits any breach of this EULA.

18.1 Upon the termination of this EULA, all of the provisions of this EULA shall cease to have effect, save that the following provisions of this EULA shall survive and continue to have effect (in accordance with their express terms or otherwise indefinitely): Clauses 1, 5, 6, 7, 12, 16, 18, 19.2, 20 and 21.

18.2 Except to the extent expressly provided otherwise in this EULA, the termination of this EULA shall not affect the accrued rights of either party.

18.3 For the avoidance of doubt, all licenses granted to the User under this EULA shall terminate upon the termination of this EULA. Accordingly, the User must immediately cease to use the Software and all other works and materials licensed to the User under this EULA upon the termination of this EULA.

18.4 Within 2 days following the date of effective termination of this EULA, the User must irreversibly delete or destroy all copies of the Software and all copies of all other works and materials licensed to the User under this EULA in the possession or control of the User.

19.1 The Software may include hyperlinks to websites owned and operated by third parties; such hyperlinks are not recommendations.

19.2 The Licensor has no control over third party websites, their contents or their handling of personal data and, subject to Clause 16.1, the Licensor accepts no responsibility for them or for any loss or damage that may arise from the use of them by the User.

20.1 No breach of any provision of this EULA shall be waived except with the express written consent of the party not in breach.

20.2 If any provision of this EULA is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions of this EULA will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the parties, in which case the entirety of the relevant provision will be deemed to be deleted).

20.3 The Licensor may vary this EULA by giving to the User written notice of the variation or by updating the version of this EULA published on its website. The continued use of the Software by the User following any such variation constitutes the acceptance by the User of that variation. Subject to this, this EULA may only be varied by a written document signed by or on behalf of each of the parties.

20.4 The User hereby agrees that the Licensor may assign the Licensor's contractual rights and obligations under this EULA to any third party - providing that such action does not serve to reduce the guarantees benefiting the User under this EULA. Save to the extent expressly permitted by applicable law, the User must not without the prior written consent of the Licensor assign, transfer or otherwise deal with any of the User's contractual rights or obligations under this EULA.

20.5 This EULA is made for the benefit of the parties, and is not intended to benefit any third party or be enforceable by any third party. The rights of the parties to terminate, rescind, or agree any amendment, waiver, variation or settlement under or relating to this EULA are not subject to the consent of any third party.

20.6 Subject to Clause 16.1, this EULA shall constitute the entire agreement between the parties in relation to the subject matter of this EULA, and shall supersede all previous agreements, arrangements and understandings between the parties in respect of that subject matter.

20.7 This EULA shall be governed by and construed in accordance with Hong Kong law.

20.8 Subject to any mandatory requirements of applicable law, the courts of Hong Kong shall have exclusive jurisdiction to adjudicate any dispute arising under or in connection with this EULA.

21.1 In this EULA, a reference to a statute or statutory provision includes a reference to:

* (a) that statute or statutory provision as modified, consolidated and/or re-enacted from time to time; and

* (b) any subordinate legislation made under that statute or statutory provision.

21.2 The Clause headings do not affect the interpretation of this EULA.

21.3 In this EULA, general words shall not be given a restrictive interpretation by reason of being preceded or followed by words indicating a particular class of acts, matters or things.