END USER LICENSE AGREEMENT
This End User License Agreement (EULA) establishes the conditions under which any individual is given the right to use (i.e. granted license to use) the videogame The Sinking City™2, its elements, software, associated upgrades, patches, updates, materials, and related services (hereinafter jointly referred to as the “Product”) currently provided or which will be provided to the individual by Frogwares Ireland Ltd. (hereinafter referred to as the “Company”, “We”)
Before downloading, installing, and using the Product, please carefully read this End User License Agreement between you (hereinafter “You” or “User”) and the Company. You will not be entitled to download, install, and use the Product without accepting this End User License Agreement.
BY DOWNLOADING, INSTALLING, OR USING THE PRODUCT, YOU IMPLICITLY AGREE TO ACCEPT AND TO BE BOUND BY THIS EULA AT ALL TIMES AND BECOME A PARTY TO THIS END USER LICENSE AGREEMENT. IF YOU PARTIALLY OR COMPLETELY DISAGREE WITH THE TERMS OF THIS END USER LICENSE AGREEMENT, PLEASE DO NOT DOWNLOAD, INSTALL, OR USE THE PRODUCT. TO ENTER INTO THIS EULA, YOU MUST BE AN ADULT OF THE LEGAL AGE OF MAJORITY IN YOUR COUNTRY OF RESIDENCE. YOU ARE LEGALLY RESPONSIBLE FOR ALL ACTIONS USING OR ACCESSING THE PRODUCT, INCLUDING THE ACTIONS OF ANYONE YOU ALLOW TO ACCESS THE PRODUCT. IF YOU ARE UNDER THE LEGAL AGE OF MAJORITY, YOUR PARENT OR HOLDER OF PARENTAL RIGHTS MUST CONSENT TO THIS AGREEMENT.
The terms of this End User License Agreement fully comply with applicable laws and in no way infringe upon the User’s rights.
CHANGES TO EULA
We reserve the right, at our sole and absolute discretion, to revise, change, modify, add, or delete this EULA at any time for security, legal, best practice, or regulatory purposes. Such changes will be effective with or, as applicable, without prior notice to You.
www.frogwares.com info@frogwares.com
GRANT OF LICENSE
Subject to the terms of this Agreement, Frogwares Ireland Ltd. (“Licensor”) hereby grants You (“Licensee”) a limited, personal, non-commercial, non-sublicensable, non-transferable, non-exclusive license to use the Product only for your personal (private) use and only in accordance with this EULA and the documentation that accompanies the Product (“License”).
It must be noted that the Product is always licensed, not sold, to You, and You hereby acknowledge that no title or ownership in the Product is being transferred or assigned to You, and this End User License Agreement shall never be construed as a sale of any rights in the Product. The Product remains the sole intellectual property of the Company.
LICENSE RESTRICTIONS
You shall not and shall not permit anyone else to, directly or indirectly, conduct the following operations with regard to the Product:
- use the Product not in accordance with purposes defined by the License and applicable law;
- copy, modify, or create, supply, or use alternative methods of using modify, distort, block, abnormally burden, disrupt, slow down, and/or hinder the normal functioning of all or part of the Product;
- transfer or distribute the Product to any third person or the public;
- reverse engineer, disassemble, decompile, or otherwise attempt to discover the source code or structure, sequence, and organization of the Product;
- rent, lease, sell, license, or use the Product in any other ways for commercial purposes or any other purposes not specified herein;
- create, supply, or use alternative methods of using the Products, for example through the Internet;
- create, use, share, and/or publish by any means in relation to the Product any material or Product elements (text, words, images, sounds, videos, etc.) that can infringe any intellectual property rights of the Company or that could lead to an unlawful act under the applicable laws.
Everybody who breaks this EULA risks civil and criminal penalties and risks for litigation, in which the Company will demand adequate compensation and reparation for the legal rights violation.
OWNERSHIP
All the materials related to the Product and the Product elements (including, but not limited to, any content, designs, texts, fonts, graphics, images, photographs, videos, facts, applications, software, titles, source code, music, sounds, voices, effects, other audiovisual effects, themes, characters, character names, stories, dialogs, settings, artwork, musical works, moral rights, other sensory content, and other related files and ideas, as well as their combinations and configurations) are products of Company’s intellectual activities and are protected by the applicable national and international laws, copyright treaties and conventions and other laws. Except as expressly set forth in this EULA, all rights not granted hereunder to You are expressly reserved by the Company.
All the rights associated with the Product and materials related to the Product and the Product elements, in particular, but not limited to, the rights relating to brands, patents, images, models, sui generis rights to the databases, copyright, know-how, commercial secrets, all related claims, and trademarks are the exclusive property of the Company.
The User is not entitled to use the Product in a way that infringes the Company’s rights as well as any of the trademarks, brand names, service marks, logos, and other means of individualization that belong to the Company.
PRODUCT UPDATES
When You are downloading, installing, or using the Product, it does not mean the Company is obliged to provide you with updates, upgrades, or new versions of the Product.
Sometimes, when the Company releases technical updates (patches) they may be downloaded to Your device or console automatically when You launch the game.
You should note that You are entitled to buy some content updates, if applicable, for an additional fee, which must be specified each time You buy such updates. Additionally, the Company may, at its sole discretion, determine what kind of content update is free of charge.
WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY
YOU EXPLICITLY ACKNOWLEDGE THAT WHEN YOU DOWNLOAD, INSTALL, OR USE THE PRODUCT, YOU ARE ACTING AT YOUR DISCRETION AND YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, THE PRODUCT IS SUPPLIED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DO NOT MAKE AND HEREBY DISCLAIM ANY GUARANTEES, CONDITIONS, OR WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR OTHER TERMS, INCLUDING AS TO THE PRODUCT CONFORMITY, ACCURACY, CORRECTNESS, COMPLETENESS, RELIABILITY, SECURITY, AND SUITABILITY FOR A PARTICULAR USE, OR YOUR SATISFACTION. YOU ASSUME ALL RESPONSIBILITY FOR SELECTING THE PRODUCT TO ACHIEVE YOUR INTENDED RESULTS AND EXPECTATIONS. YOU ALSO ASSUME ALL RESPONSIBILITY FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE PRODUCT. TO THE FULLEST EXTENT OF THE NORMS PROVIDED BY APPLICABLE LAWS, WE WILL NEVER BE LIABLE FOR LOSSES OR DAMAGES SUFFERED IN CONNECTION WITH THE USE OF THE PRODUCT IN PARTICULAR FOR (I) ALL AND ANY LOSSES OF ANY KIND, WHETHER IN TORT (INCLUDING FOR NEGLIGENCE OR BREACH OF STATUTORY DUTY), CONTRACT, MISREPRESENTATION (WHETHER INNOCENT OR NEGLIGENT) OR OTHERWISE, (II) DIRECT AND INDIRECT LOSSES, (III) ACCIDENTAL AND CONSEQUENTIAL LOSSES. IN ANY CASE, THE COMPANY’S LIABILITY SHALL ALWAYS BE LIMITED TO THE AMOUNT OF THE PURCHASE
PRICE OF THE PRODUCT IN A PARTICULAR SEPARATE CASE. NOTWITHSTANDING THE AFOREMENTIONED LIMITATIONS OF LIABILITY, YOU MAY ALWAYS CEASE TO USE THE PRODUCT AS WELL AS TRY TO USE ANY REMEDIES STIPULATED BY THE APPLICABLE LAWS. IF THERE ARE SOME PROVISIONS OF THE APPLICABLE LAWS THAT PROHIBIT THE LIMITATION OF LIABILITY, THEY WILL PREVAIL OVER THE LIMITATION OF LIABILITY CONDITIONS DEFINED HEREIN.
INDEMNIFICATION
YOU EXPLICITLY ACKNOWLEDGE THAT WHEN YOU DOWNLOAD, INSTALL, OR USE THE PRODUCT, YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE CAUSED TO THE COMPANY OR LEGAL ENTITY AS A RESULT OF YOUR VIOLATION OF THIS EULA. YOU HEREBY AGREE TO DEFEND, INDEMNIFY AND KEEP INDEMNIFIED THE COMPANY AGAINST ANY CLAIM OR ALLEGED CLAIMS, LIABILITIES, LOSSES, DAMAGES AND ALL COSTS (INCLUDING LAWYERS’ FEES), DIRECTLY OR INDIRECTLY ATTRIBUTABLE TO YOUR FAULT AND/OR RESULTING FROM A VIOLATION OF THIS EULA.
LICENSE EFFECTIVE DATE AND TERMINATION
The EULA is effective from earlier when You purchase, download, install, or use the Product until terminated according to its terms.
This EULA will terminate automatically: (i) if You fail to comply with any of the terms and conditions of this EULA; (ii) if You destroy and/or uninstall the Product.
Upon termination for any reason, all rights granted to You under this EULA shall cease, and You must immediately uninstall the Product and destroy all copies of the Product in Your possession. The provisions of this EULA relating to disclaimers or warranties, limitations of liability, remedies, damages, Company’s proprietary rights, and/or any terms intended expressly or by implication to survive termination or expiry shall survive termination.
APPLICABLE LAW AND DISPUTES RESOLUTION
The development of this End User License Agreement and the use of the Product are governed by the law of the Republic of Ireland (applicable laws).
To the extent permitted by applicable laws, this EULA and any disputes or claims arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with the laws of the Republic of Ireland.
You irrevocably agree that the courts of the Republic of Ireland have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the EULA or its subject matter or formation (including non-contractual disputes or claims).
MISCELLANEOUS
If any court of competent jurisdiction or competent authority finds that any provision of this EULA is invalid, illegal, or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted herewith, the validity and enforceability of the other provisions of this EULA shall not be affected.
If You have questions regarding the downloading, installing, or using the Product or any other questions concerning this EULA, you may contact the Company at the following address: info@frogwares.com and we will try to respond to You as soon as reasonably possible.