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End User Licence Agreement (EULA)

The Fan
These licence terms are a legally binding agreement between you and Cyril DANON, governing your use of the video game ‘The Fan’ (the Software). These terms, as updated from time to time in accordance with this EULA, apply to any demo / trial version, updates, DLC, enhancements, support and internet based services associated with the Software.

By using, installing, downloading or making any copy of the software, you accept these terms. You also consent to provide us with certain information as set out in these terms. If you do not accept these terms, you must not use the software, and must remove and delete or destroy any copy of the software in your possession.

Ownership of the Software
Cyril DANON retains ownership of the Software, and reserves all rights in the Software. No proprietary rights are assigned or transferred under this EULA. You may not copy, reproduce, modify, alter, adapt, translate, decompile or reverse engineer the software except as permitted by law or this EULA. This EULA does not give you any right to sub-license the Software.

What this Means: We are giving you a licence to use the software, but we still own it. You can only use the software as permitted under this EULA.

Grant of Licence – Full Version
Upon payment of the applicable licence fees, we grant you a non-exclusive licence to use, copy, install and enjoy the Software for your personal non-commercial use, subject to the terms of this EULA.

You can’t sell it, rent it, or use it for commercial purposes (such as an internet cafe, arcade, or public library) – for these uses please contact us to discuss a commercial licence.

Restrictions on Use
Unless otherwise permitted by law or this EULA, you must not:
(a) work around any technical limitations in the software;
(b) reverse engineer, decompile or disassemble the software, or disclose the algorithmic nature or describe any part for the source code or inner workings of the Software;
(c) publish the software for others to copy;
(d) use the software in any illegal or immoral way, or for any such purpose;
(e) use, copy, rent, lease or lend the software; or
(f) create any derivate work or program to mimic the data or functionality of the Software.

Translations
All content for Gynophobia was written in French. We may provide localised or translated versions of the Software from time to time, including crowd-sourced translations. All such versions are provided ‘as-is’. We do not provide any warranty that the localised or translated versions reflect the original version, are correct, fit for purpose, or otherwise guarantee these versions in any way.

Backup Copies
You may create one backup copy of the Software, in its entirety (including a copy of this EULA), for your own personal data recovery purposes, or otherwise as permitted by law. You may use this copy only to reinstall the Software, subject to the terms of this EULA.

Software Updates and DLC
We may release updates, patches, DLC, or new versions of the Software from time to time. You have no automatic right to any updates or DLC, but where we choose to provide these to you, they shall be considered part of the Software and shall be governed by the terms of this EULA.

Resale
This licence is not transferrable. You may not sell, rent, assign, transfer or novate your rights or obligations under this EULA.

Let’s Play Videos and Fan Made Content
You may create fan content (including Let’s Play videos) incorporating videos of actual game play, and may publish and monetise your fan content. All such fan content must be respectful to our industry, company and the Software.

Indemnity and Limitation of Liability
We only accept liability to you as set out in this clause, or as required by consumer or other laws that cannot be excluded by contract. All other implied conditions or warranties are excluded. To the fullest extent allowable at law, any condition or warranty which would otherwise be implied in this EULA is excluded. We make no warranty as to fitness for any purpose, performance or compatibility.

What this Means: The game is provided as-is. You may have rights under consumer law, but we don’t give any enhanced warranty or other guarantees – e.g. we don’t guarantee it will work with your hardware configuration.
To the extent allowable at law our total liability is limited to (at our election), repairing (updating) or replacing the software, resupplying the services, or refunding the price you paid for the software and services.
What this Means: If anything goes wrong, we will only replace your copy of the game, or refund the amount you paid for it, unless otherwise required by law.

You agree to release, indemnify, defend and hold harmless us, and our officers, employees, agents and contractors from any and all liability or for claims associated with or arising from the misuse of the software by you or by anyone to whom you allow to access the software.

What this Means: If you (or someone you allow access) misuses the software, you are responsible, and you agree to pay us for any loss that causes.
To the extent allowable at law, you agree to release and hold us harmless from any claim, allegation or demand for any loss, cost (including legal fees), expense, or damage arising in relation to:
(a) your breach of this EULA;
(b) any indirect, special or consequential loss;
(c) any act, default, omission, or representation made by any person other than us, our agents or employees; or
(d) any cause independent of human control that occurred after the software or services were supplied.

What this Means: Without precluding your consumer rights, you agree not to sue us for any loss that relates to anything outside our control.

Entire Agreement This EULA, and those documents expressly incorporated by reference, contain the entire agreement between the parties and supersedes all previous negotiations or agreements relating to your right to use the Software.

Updates to this EULA We may update this EULA from time to time by notice on our website, or by including the updated EULA in a Software update. Such variation will be effective upon posting those notifications and changes on our website, or your installing the Software update, without further notice to you.

Waiver
Any delay or failure to exercise or enforce our rights under this EULA will not be construed as a waiver of those rights, nor preclude any future exercise of those rights.

Please direct any questions, comments or concerns about this EULA to cyril.