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END USER LICENSE AGREEMENT
Version : 1.0
Last modified : November 2024


INTRODUCTION

Please read this End User License Agreement carefully, as it constitutes a legally binding agreement between you and PLAYERUNKNOWN Productions. This EULA governs your use of Preface and related services. By downloading and/or using Preface, you agree to be bound by the terms and conditions of this EULA. In case you do not agree to the EULA, you are not able to use Preface.


You may not use Preface or agree to this EULA in case you are under 13 years old. If you are between the ages of 13 and the legal age of majority in your country, which will typically be 18 years old (“ Minor User ”), you will require a parent or other legal guardian (“ Guardian ”) to allow you to agree to this EULA. If you are a Minor User, you and your Guardian must both read and accept this EULA. Guardians are responsible for the acts of minor Users when accessing Preface. PLAYERUNKNOWN Productions may immediately suspend your access to Preface if we are not satisfied that acceptance by your Guardian has been given.


IMPORTANT NOTICE

PREFACE IS CURRENTLY AVAILABLE AS AN EARLY ACCESS, LIMITED TIME, EARLY TEST VERSION, MEANING IT IS IN A STATE OF ACTIVE DEVELOPMENT. SUBJECT TO THESE TERMS, ACCESS TO PREFACE IS MADE WITH EXPRESS ACKNOWLEDGEMENT OF THESE CIRCUMSTANCES AND THE RESTRICTIONS THAT ACCOMPANY THEM.


PRIVACY

PLAYERUNKNOWN Productions believes it is important to be transparent about how we process your personal data. For more information we refer to our privacy policy which can be found at .


1. Terminology

The following definitions are used in the EULA:


“ Distribution Partner ” means the operator of a Distribution Platform, including Valve Corporation with respect to the Steam platform;


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


“ Distribution Platform T&Cs ” means the terms and conditions of the relevant Distribution Platform that set out any rights and/or obligations of the User in relation to Preface;


“ DLC ” means any downloadable or other supplemental content for Preface made available by PLAYERUNKNOWN Productions and purchased or otherwise lawfully acquired by the User;


“ EULA ” means this end user licence agreement, including any amendments to this end user licence agreement from time to time;


“ Feedback ” has the meaning as described in article 5.3 of this EULA;

“ Guardian ” has the meaning as described in the introduction;


“ Hardware ” means any desktop, laptop or other personal computer that is owned by and/or in the physical possession of the User and meets the minimum hardware requirements for Preface from time to time;


“ Intellectual Property Rights ” means all copyrights, database rights, trade marks and other intellectual property rights wherever in the world, whether registrable or unregistrable, registered or unregistered, including any application or right of application for such rights;


“ Minor User ” has the meaning as described in the introduction;


“ Online Services ” means the software-based services provided by PLAYERUNKNOWN Productions via the internet and designed for use in conjunction with Preface;


“ Open Source Properties ” means the software which is provided by PLAYERUNKNOWN Productions under the Apache 2.0 license (as described in article 2.3 of this EULA). This includes the software in the following two folders:


1. Preface\assets\agents\ fused_model_nnef

2. Preface\shaders


“ PLAYERUNKNOWN Productions ” means PLAYERUNKNOWN PRODUCTIONS B.V., a company incorporated in the Netherlands (KVK number 81656335) having its address at mt. Lincolnweg 38, 1033SN Amsterdam;


“ Preface ” means the interactive software created by PLAYERUNKNOWN Productions and known as Preface , as modified, patched, updated and upgraded from time to time by or with the authorisation of PLAYERUNKNOWN Productions, including the Online Services any and all DLC;


“ Term ” means the term of this EULA, commencing in accordance with Clause 10.1 and ending in accordance with Clause 10.2 or applicable legislation;


“ Unsolicited Content ” has the meaning as described in article 5.3 of this EULA;


“ Update ” means a hotfix, patch or version update or (minor or major) upgrade to Preface;


“ User ” means the person to whom PLAYERUNKNOWN Productions grants a right to use Preface under this EULA in accordance with the preamble to this EULA. Alternatively, the User will be referred to as “ you ” in this EULA;


“ User Generated Content ” means all works and materials (including text and images) that the User submits to Preface or has created based on and/or with Preface;


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


2. License

2.1 PLAYERUNKNOWN Productions hereby grants you a personal, revocable, non-exclusive, non-transferable license to:


A. Download a copy of Preface on your Hardware; and

B. Run and play Preface on your Hardware, which means that you are only allowed to use Preface for non-commercial purposes (other than described in article 3 of this EULA).


2.2 The license that is granted to you under article 2.1 of this EULA is subject to your compliance with all terms and conditions of this EULA. PLAYERUNKNOWN Productions has the right to suspend and/or terminate your license to Preface in case you do not comply with these terms and conditions.


2.3 PLAYERUNKNOWN Productions hereby also grants you a license to use the Open Source Properties subject to the Apache 2.0 license conditions (which can be found here: ).


3. Streaming of Preface & User Creations

3.1 In addition to the license granted in article 2 of this EULA, PLAYERUNKNOWN Productions hereby grants you a personal, revocable, non-exclusive, non-transferable license to :


A. publicly display Preface on online video streaming websites, including but not limited to and

B. create and publish other User Creations in accordance with the content creation guidelines as published by PLAYERUNKNOWN Productions on its website from time to time;


3.2 The license as referred to in article 3.1 is subject to compliance with all terms and conditions of this EULA.


3.3 You will comply with the following obligations with regards to User Creations:

A. You will seek to earn money from the User Creations and must not exploit the User Creations for any commercial purpose. With this, we mean that you are not allowed to sell, rent, lease, loan, license, transfer or distribute the User Creations for money. However, you are allowed to earn money from subscriptions to channels or advertisements;

B. You will not use User Creations in any way that is likely to have a material negative effect on the reputation or goodwill of PLAYERUNKNOWN Productions or Preface.


3.4 PLAYERUNKNOWN Productions has the right to terminate the license as referred to in article 3.1 of this EULA at any time.


4. Rules of conduct

4.1 You will comply with the following obligations when using and/or operating Preface:


A. You will not copy, modify or create derivative works of Preface or any part of it, including data held in memory;

B. You will not distribute, transfer, sublicense, lease, lend, rent, grant a security interest in or otherwise provide access to Preface to any third party;

C. You will not buy, sell or transfer (the contents of) your account of Preface;

D. You will not modify, alter, edit, adapt or create derivative works of Preface;

E. You will not reproduce, decompile and/or reverse engineer Preface, except if this is authorized by mandatory law;

F. You will not conduct any systematic or automated data collection activities (including scraping, data mining, data extraction and data harvesting );

G. You will not delete, remove, disable or circumvent any security protection measures , anti-cheating measures or proprietary notices in or associated with Preface;

H. You will not violate any law, rule and/or regulation



5. User Generated Content & Feedback

5.1 The intellectual property rights regarding your User Generated Content remains vested in and owned by you. Notwithstanding the foregoing, you grant PLAYERUNKNOWN Productions a worldwide, non-exclusive, royalty-free, transferrable, sub-licensable and irrevocable license to use your User Generated Content for any purpose.


This means, amongst other things, that:

1. You agree that PLAYERUNKNOWN Productions may use your User Generated Content in any media and channels of distribution now known or developed herafter , including in connection with marketing and advertising for Preface;

2. You agree that PLAYERUNKNOWN Productions may use your User Generated Content for non-commercial and educational purposes in the context of Preface without your approval; and

3. You agree that to the extent permitted under applicable law, you waive your moral rights in the User Generated Content and agree not to assert such rights or any other intellectual property rights you have in the User Generated Content against PLAYERUNKNOWN Productions.


5.2 You guarantee that the User Generated Content complies with this EULA


5.3 PLAYERUNKNOWN Productions does not accept any unsolicited feedback or ideas, including submissions around concepts, creative ideas, suggestions, stories, scripts, products, games or any other potential creative content (together “ Unsolicited Content ”). By nonetheless providing us with such, you renounce any possible claim against us and our affiliates with respect to any intellectual property rights vested in such Unsolicited Content, including, but not limited to, copyrights. We will also not compensate you in such instance. Any Unsolicited Content will be disregarded to avoid any possible misunderstanding around intellectual property rights vested in our Services. Receiving your submission of Unsolicited Content will not prevent us from offering, promoting, or developing products, services or games that compete with your Unsolicited Content, or working with others to do so. By submitting any Unsolicited Content to us, you are agreeing to these terms. Before, during and after using Preface, you may be invited to provide feedback (“ Feedback ”) to PLAYERUNKNOWN Productions relating to your experience of Preface (for instance, but not limited to, via surveys, private Discord server submissions or discussions or via email to us to a dedicated email address that we may notify you of). You hereby agree that to the extent that you provide any Feedback to PLAYERUNKNOWN Productions or any of its affiliates or to any of their respective employees, agents or contractors, you hereby assign, and agree to assign on a rolling basis, all right, title and interest in and to such Feedback to PLAYERUNKNOWN Productions and you waive all moral rights and similar rights throughout the world in and to such Feedback.


6. Intellectual Property Rights

All intellectual property rights to Preface are owned by PLAYERUNKNOWN Productions (or its licensors). This Agreement does only provide for a license and does not transfer and/or sell any intellectual property rights to Preface. All rights that are granted to you are expressly mentioned in and are limited by this EULA, which means that no license, permission or right of access shall be implied.



7. Third Party Software & Distribution Partner T&C

It is possible that Preface includes Third Party Software which PLAYERUNKNOWN Productions has obtained under a license. Additionally, the Distribution Platform T&C apply to your use of Preface. As a consequence , PLAYERUNKNOWN Productions may be obliged to ensure that you comply with the terms and conditions of these licenses. If that is the case, PLAYERUNKNOWN Productions will notify you of these terms and conditions. Your use of Preface is subject to your compliance with these terms and conditions and by agreeing to this EULA, you also agree to be bound by the terms and conditions of these licenses. In case the contents of this EULA conflict with the terms and conditions of third parties, the terms and conditions of third parties will prevail.


8. Conformity and liability

8.1 Preface is provided on an “as is” basis without any warranty of any kind. This means that PLAYERUNKNOWN Productions does not guarantee that Preface is free from bugs and/or defects, works flawlessly and/or is available at all times .


8.2 To the maximum extent permitted by applicable law, PLAYERUNKNOWN Productions shall not be liable to you under contract, tort (including negligence) or otherwise for any losses, such as loss of data, profits, revenue, business, opportunity, goodwill, reputation or business interruption or for any losses which are not reasonably foreseeable by us arising, directly or indirectly from:


A. Your use or inability to use Preface;

B. Delays or disruptions of Preface;

C. Viruses or other malicious software obtained by accessing, or linking to, Preface;

D. Damage to your Hardware from the use of Preface;

E. The content, actions or inactions of third parties;

F. A suspension or other action taken with respect to your use of Preface.


8.3 To the maximum extent permitted by applicable law, you agree that the aggregate liability of PLAYERUNKNOWN Productions to you for all claims arising out of, or relating to the use of, or any inability to use any part of, Preface or otherwise under this EULA, whether under contract, tort, or otherwise, is limited to EUR 500.


8.4 Nothing in this EULA shall limit or exclude PLAYERUNKNOWN Production’s liability for fraudulent misrepresentation, death or personal injury resulting from its negligence or the negligence of its agents or employees or for any other liability that cannot be limited or excluded by applicable law.


8.5 You accept sole responsibility for the legality of your actions under the laws applying to you and the legality of any of your User Generated Content.


8.6 You will compensate PLAYERUNKNOWN Productions in full for any losses or costs, including reasonable legal fees, it incurs arising out of any breach by you of this EULA, your improper use of Preface or your infringement of any law or the rights of a third party.


9. Updates

9.1 PLAYERUNKNOWN Productions may supply or make available Updates to Users. Any Update will be automatically downloaded when playing Preface. It is necessary to install any Updates before using Preface. In case you do not download any Update to Preface, you will not be able to play Preface.


9.2 You acknowledge that PLAYERUNKNOWN Productions will use technical measures to enforce article 9.1 of this EULA.


10. Term & termination

10.1 This EULA comes into force upon your acceptance of this EULA and will continue to remain into effect until it is terminated in accordance with the terms and conditions of this EULA.


10.2 PLAYERUNKNOWN Productions may terminate this EULA and your use of Preface at any time.


10.3 Without prejudice to other remedies, PLAYERUNKNOWN Productions may immediately restrict, suspend, or terminate your access to and use of Preface, or any part of them, in the following cases:


A. PLAYERUNKOWN Productions has reasonable cause to believe that you are creating problems or possible legal liabilities for, or are infringing the rights of, PLAYERUNKOWN Productions, any of our Users or third parties;

B. PLAYERUNKNOWN Productions has reasonable cause to believe that such restrictions will improve the security of the Preface community or reduce our or a User’s exposure to financial liabilities;

C. PLAYERUNKNOWN Productions has reasonable cause to believe that you are violating this EULA or any other applicable rules and/or policies;

D. PLAYERUNKNOWN Productions is unable to verify or authenticate any information you have provided after making reasonable efforts to do so.


10.4 If this EULA and/or your use of Preface has been terminated or suspended by PLAYERUNKNOWN Productions, you may no longer use Preface.


11. Changes to this EULA

PLAYERUNKNOWN Productions has the right to unilaterally update and/or change the terms and conditions of this EULA. You will be notified in advance of any updated and/or changed terms and conditions of the EULA via Preface and/or the applicable Distribution Platform. Your continued use of Preface after a change of the terms and conditions of this EULA constitutes your acceptance of these terms. In case you do not want to be bound by the amended terms and conditions, you have the right to terminate this EULA.


12. Additional terms

12.1 This EULA constitutes the entire and exclusive understanding and agreement between PLAYERUNKNOWN Productions and you regarding Preface. This EULA supersedes and replaces any and all prior oral or written understandings or agreements between PLAYERUNKNOWN Productions and you regarding Preface.


12.2 You cannot assign or otherwise transfer this EULA or any right granted or obligation imposed hereunder, except in case you have received prior written consent of PLAYERUNKNOWN Productions for the assignment or transfer. PLAYERUNKNOWN Productions may freely assign or transfer this EULA without restriction, providing that the transfer does not serve to reduce the guarantees benefitting you under this EULA.


12.3 If any term of this EULA is held invalid or unenforceable by a court of competent jurisdiction, that term will be deemed not to form part of this EULA but the remainder of this EULA shall remain in full force and effect.


12.4 PLAYERUNKNOWN Production’s failure to act with respect to an infringement or breach by you or others does not waive its right to act with respect to subsequent or similar infringements. PLAYERUNKNOWN Productions do not, and cannot, guarantee that it will take action against all infringements or breaches of this EULA.


12.5 Where this EULA specifies that PLAYERUNKNOWN Productions shall provide written notice to you, PLAYERUNKNOWN Productions may do so by: (a) sending the notice to any email address supplied or made available by you; or (b) publishing a notice, addressed to users of Preface generally, on its website.


12.6 This EULA shall be governed by and construed under the laws of the Netherlands.


12.7 Any and all disputes arising from or in connection with this EULA shall be subjected to the exclusive jurisdiction of the court of Breda, The Netherlands.


If you have any questions about this EULA, please contact PLAYERUNKNOWN Productions at .