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END USER LICENSE AGREEMENT
1. PLEASE READ THIS END USER LICENSE AGREEMENT CAREFULLY. This End User Licence Agreement (“EULA”) governs your use of the videogame, application, software, their associated downloadable content, documentations, and updates (the “Software”) published by LIGHTINT LTD. This EULA is an agreement between you (“You” or “Your”) and LIGHTINT LTD (“Licensor” or “the Licensor”). LIGHTINT LTD is registered in England and Wales under the registration number 15118820 and has its registered address at 71-75 Shelton Street, London, United Kingdom, WC2H 9JQ. By installing and/or using the Software You agree to accept to be bound by the provisions of this EULA. If You do not agree to the provisions set out in this EULA You must cease using the Software, uninstall the Software and delete all copies and parts of the Software in Your possession immediately.
WARNING: A VERY SMALL PERCENTAGE OF INDIVIDUALS MAY EXPERIENCE EPILEPTIC SEIZURES OR BLACKOUTS WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR FLASHING LIGHTS. EXPOSURE TO CERTAIN PATTERNS OR BACKGROUNDS WHEN PLAYING VIDEO GAMES MAY TRIGGER EPILEPTIC SEIZURES OR BLACKOUTS IN THESE INDIVIDUALS. THESE CONDITIONS MAY TRIGGER PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS OR SEIZURES IN PERSONS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU EXPERIENCE DIZZINESS, MUSCLE TWITCHING, CHANGES TO VISION, DISORIENTATION, SEIZURES, CONVULSIONS AND/OR ANY INVOLUNTARY MOVEMENTS WHILE PLAYING THE GAME, YOU SHOULD IMMEDIATELY STOP PLAYING AND CONSULT A MEDICAL PROFESSIONAL.
2. Grant of Licence. The Licensor grants You a non-exclusive, non-transferable, non-commercial, limited licence subject to the limitations and exclusions set out in Section 3. This EULA permits You to use one copy of the Software for your personal, non-commercial use on a home or portable computer. The Software is in “use” when it is installed into the permanent memory (e.g. hard disk) or loaded into temporary memory (e.g. RAM) of a computer. This EULA shall not serve as a network licence in any manner and the installation of the Software on a network-server is not permitted. This license is not a sale of the original Software or any copy thereof.
3. Restrictions. To the extent permitted by applicable laws and other then expressly provided in this EULA: You must not sell, lease, loan, rent, resell, transfer, supply, gift, license, sub-license, publish, distribute or redistribute the Software; You must not make the Software available for download or access by others; You must not use the Software in conjunction with marketing, advertising, or promotional endeavors; You must not modify, alter, adapt, edit or create derivative works of the Software; You must not reverse engineer, the Software; You must not delete, disable, remove or circumvent any security protection measures or proprietary notices in or associated with the Software; You must not export or import the Software; You must not use the Software in contravention of any applicable laws. The restrictions in this Section 3 relating to the Software shall apply equally to accompanying documentation, downloadable content and updates related to the Software and all parts of the Software. You acknowledge that the use of the Software may require the use of an activation code or key and that You are responsible for securely storing the activation code or key. The Licensor shall have no obligation to replace a lost, stolen or corrupted activation code or key. You may freely make, publish and share, for commercial and non-commercial purposes, screenshots and videos of the Software for Your journalistic purposes. You may freely video-stream the Software for Your commercial and non-commercial, journalistic purposes.
4. Intellectual Property. The Licensor retains all right, title and interest to this Software. Nothing in this EULA shall constitute an assignment or transfer of any Intellectual Property Rights of the Licensor. The retention by the Licensor of all rights include but are not limited to copyrights, trademarks, computer codes, artworks, individual designs, and any derivative works of the Software by the Licensor. All rights are reserved. To the extent permitted by the applicable laws, the Software may not be copied or reproduced in any manner or medium, in whole or in part, without prior written consent by the Licensor. Any person copying or reproducing all or any part of the Software, in any manner or medium without the express written consent of the Licensor or otherwise expressly set out in this EULA, will be willfully violating the copyright laws and may be subject to civil or criminal penalties. If the Licensor reasonably determines, or You and/or any third party alleges, that the use of the Game by You in accordance with this EULA infringes any person's Intellectual Property Rights, the Licensor may acting reasonably at its own cost and expense: modify the Software in such a way that it no longer infringes the relevant Intellectual Property Rights; or procure the usage rights of the relevant Intellectual Property.
5. Warranties. As to the extent permitted by applicable law, the Licensor makes no warranties, express or implied, oral or written concerning the Software. The Licensor does not represent, warrant, or guarantee the quality or the performance of the Software. The Licensor does not represent, warrant or guarantee that the Software will meet your needs or that the Software will continuously operate, be error free, or that problems will be corrected. No oral or written information or advice given by the Licensor, its directors, officers, employees, agents, contractors, or affiliates shall create any other warranty or extend or expand the scope of any warranties set out in this EULA.
6. Product Support. The Software is intended to be convenient to You and limited product support is provided by the Licensor.
7. Limitation of Liability. 7.1 Nothing in this EULA will: limit or exclude any liability for death or personal injury resulting from negligence; limit or exclude any liability for fraud or fraudulent misrepresentation; limit any liabilities in any way that is not permitted under applicable law; or 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.
7.2 The limitations and exclusions of liability set out in this Clause 7 and elsewhere in this EULA: are subject to Clause 7.1 and 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. The Licensor will not be liable to You in respect of any losses arising out of a Force Majeure Event [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]. The Licensor will not be liable to You 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. The Licensor will not be liable to You in respect of any loss or corruption of any data, database or software. The Licensor will not be liable to You in respect of any special, indirect or consequential loss or damage. To the extent permitted by applicable law and subject to this Section 7.1 You indemnify the Licensor against any claim or alleged claims, liabilities, losses, damages and all costs attributable to Your fault and/or resulting from Your violation of this EULA and/or Your misuse of the Software.
8. Term and Termination. This EULA shall come into force when You accept the provisions of this EULA in accordance with Section 1 of this EULA. You and the Licensor may terminate this EULA subject to Section 7, at any time, for any reason. Termination by the Licensor will be effective upon (a) notice to You or (b) at the time of the Licensors decision to discontinue offering and /or supporting the Software. This EULA will terminate automatically if You breach any of the provisions of this EULA. Upon termination for any reason, You must immediately uninstall the Software and delete all copies and parts of the Software in Your possession immediately. The following provisions of this EULA shall survive and continue to have effect (in accordance with their express terms and revisions or otherwise indefinitely): Clauses 1, 7, 8, 9 , 10 and 11.
9. General. No breach of any provision of this EULA shall be waived except with the express written consent of the party not in breach. 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). You warrant to the Licensor that it has the legal right and authority to enter into this EULA and to perform its obligations under this EULA. 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. The Licensor may vary this EULA with the changes being effective immediately and without notifying you or asking for your consent. The continued use of the Software by You following any such variation constitutes the acceptance by You of that variation. You hereby agree 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 You under this EULA. Save to the extent expressly permitted by applicable law, You must not without the prior written consent of the Licensor assign, transfer or otherwise deal with any of Your contractual rights or obligations under this EULA. 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.
10. Jurisdiction. This EULA shall be governed by and construed in accordance with English law. Subject to any mandatory requirements of applicable law, the courts of England shall have exclusive jurisdiction to adjudicate any dispute arising under or in connection with this EULA.
11. Entire Agreement. Subject to Section 7 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.
1. PLEASE READ THIS END USER LICENSE AGREEMENT CAREFULLY. This End User Licence Agreement (“EULA”) governs your use of the videogame, application, software, their associated downloadable content, documentations, and updates (the “Software”) published by LIGHTINT LTD. This EULA is an agreement between you (“You” or “Your”) and LIGHTINT LTD (“Licensor” or “the Licensor”). LIGHTINT LTD is registered in England and Wales under the registration number 15118820 and has its registered address at 71-75 Shelton Street, London, United Kingdom, WC2H 9JQ. By installing and/or using the Software You agree to accept to be bound by the provisions of this EULA. If You do not agree to the provisions set out in this EULA You must cease using the Software, uninstall the Software and delete all copies and parts of the Software in Your possession immediately.
WARNING: A VERY SMALL PERCENTAGE OF INDIVIDUALS MAY EXPERIENCE EPILEPTIC SEIZURES OR BLACKOUTS WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR FLASHING LIGHTS. EXPOSURE TO CERTAIN PATTERNS OR BACKGROUNDS WHEN PLAYING VIDEO GAMES MAY TRIGGER EPILEPTIC SEIZURES OR BLACKOUTS IN THESE INDIVIDUALS. THESE CONDITIONS MAY TRIGGER PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS OR SEIZURES IN PERSONS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU EXPERIENCE DIZZINESS, MUSCLE TWITCHING, CHANGES TO VISION, DISORIENTATION, SEIZURES, CONVULSIONS AND/OR ANY INVOLUNTARY MOVEMENTS WHILE PLAYING THE GAME, YOU SHOULD IMMEDIATELY STOP PLAYING AND CONSULT A MEDICAL PROFESSIONAL.
2. Grant of Licence. The Licensor grants You a non-exclusive, non-transferable, non-commercial, limited licence subject to the limitations and exclusions set out in Section 3. This EULA permits You to use one copy of the Software for your personal, non-commercial use on a home or portable computer. The Software is in “use” when it is installed into the permanent memory (e.g. hard disk) or loaded into temporary memory (e.g. RAM) of a computer. This EULA shall not serve as a network licence in any manner and the installation of the Software on a network-server is not permitted. This license is not a sale of the original Software or any copy thereof.
3. Restrictions. To the extent permitted by applicable laws and other then expressly provided in this EULA: You must not sell, lease, loan, rent, resell, transfer, supply, gift, license, sub-license, publish, distribute or redistribute the Software; You must not make the Software available for download or access by others; You must not use the Software in conjunction with marketing, advertising, or promotional endeavors; You must not modify, alter, adapt, edit or create derivative works of the Software; You must not reverse engineer, the Software; You must not delete, disable, remove or circumvent any security protection measures or proprietary notices in or associated with the Software; You must not export or import the Software; You must not use the Software in contravention of any applicable laws. The restrictions in this Section 3 relating to the Software shall apply equally to accompanying documentation, downloadable content and updates related to the Software and all parts of the Software. You acknowledge that the use of the Software may require the use of an activation code or key and that You are responsible for securely storing the activation code or key. The Licensor shall have no obligation to replace a lost, stolen or corrupted activation code or key. You may freely make, publish and share, for commercial and non-commercial purposes, screenshots and videos of the Software for Your journalistic purposes. You may freely video-stream the Software for Your commercial and non-commercial, journalistic purposes.
4. Intellectual Property. The Licensor retains all right, title and interest to this Software. Nothing in this EULA shall constitute an assignment or transfer of any Intellectual Property Rights of the Licensor. The retention by the Licensor of all rights include but are not limited to copyrights, trademarks, computer codes, artworks, individual designs, and any derivative works of the Software by the Licensor. All rights are reserved. To the extent permitted by the applicable laws, the Software may not be copied or reproduced in any manner or medium, in whole or in part, without prior written consent by the Licensor. Any person copying or reproducing all or any part of the Software, in any manner or medium without the express written consent of the Licensor or otherwise expressly set out in this EULA, will be willfully violating the copyright laws and may be subject to civil or criminal penalties. If the Licensor reasonably determines, or You and/or any third party alleges, that the use of the Game by You in accordance with this EULA infringes any person's Intellectual Property Rights, the Licensor may acting reasonably at its own cost and expense: modify the Software in such a way that it no longer infringes the relevant Intellectual Property Rights; or procure the usage rights of the relevant Intellectual Property.
5. Warranties. As to the extent permitted by applicable law, the Licensor makes no warranties, express or implied, oral or written concerning the Software. The Licensor does not represent, warrant, or guarantee the quality or the performance of the Software. The Licensor does not represent, warrant or guarantee that the Software will meet your needs or that the Software will continuously operate, be error free, or that problems will be corrected. No oral or written information or advice given by the Licensor, its directors, officers, employees, agents, contractors, or affiliates shall create any other warranty or extend or expand the scope of any warranties set out in this EULA.
6. Product Support. The Software is intended to be convenient to You and limited product support is provided by the Licensor.
7. Limitation of Liability. 7.1 Nothing in this EULA will: limit or exclude any liability for death or personal injury resulting from negligence; limit or exclude any liability for fraud or fraudulent misrepresentation; limit any liabilities in any way that is not permitted under applicable law; or 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.
7.2 The limitations and exclusions of liability set out in this Clause 7 and elsewhere in this EULA: are subject to Clause 7.1 and 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. The Licensor will not be liable to You in respect of any losses arising out of a Force Majeure Event [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]. The Licensor will not be liable to You 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. The Licensor will not be liable to You in respect of any loss or corruption of any data, database or software. The Licensor will not be liable to You in respect of any special, indirect or consequential loss or damage. To the extent permitted by applicable law and subject to this Section 7.1 You indemnify the Licensor against any claim or alleged claims, liabilities, losses, damages and all costs attributable to Your fault and/or resulting from Your violation of this EULA and/or Your misuse of the Software.
8. Term and Termination. This EULA shall come into force when You accept the provisions of this EULA in accordance with Section 1 of this EULA. You and the Licensor may terminate this EULA subject to Section 7, at any time, for any reason. Termination by the Licensor will be effective upon (a) notice to You or (b) at the time of the Licensors decision to discontinue offering and /or supporting the Software. This EULA will terminate automatically if You breach any of the provisions of this EULA. Upon termination for any reason, You must immediately uninstall the Software and delete all copies and parts of the Software in Your possession immediately. The following provisions of this EULA shall survive and continue to have effect (in accordance with their express terms and revisions or otherwise indefinitely): Clauses 1, 7, 8, 9 , 10 and 11.
9. General. No breach of any provision of this EULA shall be waived except with the express written consent of the party not in breach. 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). You warrant to the Licensor that it has the legal right and authority to enter into this EULA and to perform its obligations under this EULA. 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. The Licensor may vary this EULA with the changes being effective immediately and without notifying you or asking for your consent. The continued use of the Software by You following any such variation constitutes the acceptance by You of that variation. You hereby agree 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 You under this EULA. Save to the extent expressly permitted by applicable law, You must not without the prior written consent of the Licensor assign, transfer or otherwise deal with any of Your contractual rights or obligations under this EULA. 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.
10. Jurisdiction. This EULA shall be governed by and construed in accordance with English law. Subject to any mandatory requirements of applicable law, the courts of England shall have exclusive jurisdiction to adjudicate any dispute arising under or in connection with this EULA.
11. Entire Agreement. Subject to Section 7 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.