Djinni & Thaco: Trial by Spire EULA
PLEASE READ THE FOLLOWING END USER LICENSE AGREEMENT (“AGREEMENT”) BEFORE INSTALLING Djinni & Thaco: Trial by Spire, (“GAME SOFTWARE”). BY INSTALLING, ACCESSING AND/OR OTHERWISE USING THE GAME SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT AS SET FORTH BY Dark Catt Studios Interactive, LLC, an Illinois Corporation (“DCSI”).
YOUR USE OF THE GAME SOFTWARE IS ALSO SUBJECT TO THE TERMS AND CONDITIONS SET FORTH BY YOUR PLATFORM/SERVICE PROVIDER (INCLUDING, BUT NOT LIMITED TO, STEAM, HTC VIVEPORT, OCULUS, AND PLAYSTATION).
IF YOU DO NOT AGREE TO THE TERMS SET FORTH IN THIS AGREEMENT, do not use the Game Software and DCSI shall not grant to you the License (defined below) to the Game Software.
1. LIMITED USE LICENSE
The term “Game Software” includes the software, associated media, libraries, any software associated with the online mode of the video game (subject to any additional terms of use applicable to such online mode), any printed materials, manuals, any online or electronic documentation, and any and all copies of such software and materials. DCSI grants to you the non-exclusive, non-transferable, limited right and license to install and use one (1) copy of the Game Software on one (1) computer hard drive at any given time solely for your personal use (the “License”). All rights not specifically granted under this License are hereby reserved by DCSI and, as applicable, by its licensors. The Game Software is licensed to you, not sold. This License does not give you any title or ownership in the Game Software, and should not be construed as a sale or transfer of any intellectual property or other rights to the Game Software.
2. SAFETY
YOU AGREE TO ABIDE BY THE SAFETY GUIDE OR OTHER RELEVANT NOTICES PROVIDED BY YOUR VIRTUAL REALITY HARDWARE MANUFACTURER AT ALL TIMES DURING YOUR USE OF THE GAME SOFTWARE. You acknowledge that you have located, read and understood your Virtual Reality Hardware Manufacturer's safety guide. If you are using the HTC Vive, this safety information includes HTC's Safety and Regulatory Guide for the Vive.
Your actions while using the Game Software could place you, people near you, pets and objects in danger. By choosing to use the Game Software, you voluntarily acknowledge and accept any and all risks associated with use of the Game Software.
While using the Game Software, you will be moving your hands, feet and body. While wearing your Virtual Reality headset and using the Game Software, you will not be able to see anything in the physical room around you. The image displayed in the headset will not match the real world. While using this software, if you move your feet, do so slowly and maintain your balance. Be aware of your headset cable at all times and do not trip on it. Falling and/or striking an object with your head, limbs or body could cause serious injury or death to you or others.
It is strongly recommended that you use the Game Software only under the supervision of another person who may provide warning to you of any safety hazards that may arise, or that you may approach, while using the Game Software. Be sure you can hear the supervising person at all times while using the Game Software.
While using the hand controllers with the Game Software, always check that you have sufficient overhead and surrounding clearance to allow you to fully extend your arms outward and upwards. Hold the controllers firmly and always use the wrist straps. Do not use the Game Software when you are near stairways, windows or heat sources, and avoid moving your hands or body in a rapid or uncontrolled manner. Doing so may cause serious injury to you or others. YOU ACKNOWLEDGE AND AGREE THAT YOU WILL NOT RELY ON ANY MECHANISM IN THE GAME SOFTWARE FOR PROTECTION.
Each time you use the Game Software, you acknowledge that it is your responsibility to completely clear your play area of people, pets, furniture and all objects that you could potentially strike, contact or otherwise become entangled with. This includes, but is not limited to, computer equipment, monitors, television sets, light fixtures, mirrors, and artwork. Be especially aware of ceiling light fixtures and ceiling fans within your play space. Striking, contacting or becoming entangled in any object while using the Game Software could cause serious injury, death, or property damage.
YOU ACKNOWLEDGE THAT USING THE GAME SOFTWARE WITH VIRTUAL REALITY HARDWARE MAY TEST YOUR PHYSICAL AND MENTAL LIMITS AND HAS THE POTENTIAL FOR SERIOUS INJURY, PROPERTY LOSS, OR DEATH. The risks of using the Game Software include, but are not limited to, loss of balance, inability to see physical surroundings, inability to hear sounds in physical surroundings, one or more parts of your body hitting or otherwise contacting people or objects in the physical surroundings, repetitive or strenuous motion of any part of your body, involuntary motion or action of any part of your body, and stress to your eyesight or hearing from frequent or prolonged use. For some individuals, sequences of images which may be displayed by the Game Software on the Virtual Reality Headset screen, including but not limited to images of rapidly flashing lights, could induce epileptic seizures.
DUE TO THE IMMERSIVE NATURE OF THE GAME SOFTWARE, YOU MAY FEEL COMPELLED TO MOVE YOUR BODY AND/OR LIMBS IN AN UNCONTROLLED, RAPID OR OTHERWISE UNSAFE MANNER. YOU MAY FEEL COMPELLED TO MOVE OR REACH BEYOND THE SAFE BOUNDARIES OF THE PLAY AREA YOU HAVE PREPARED WHEN FOLLOWING YOUR VIRTUAL REALITY MANUFACTURERS SAFETY GUIDELINES. YOU AGREE THAT IF YOU CHOOSE TO USE THE GAME SOFTWARE, YOU WILL AVOID SUCH ACTIONS AT ALL TIMES, AND THAT IT IS SOLELY YOUR RESPONSIBILITY TO MOVE AND ACT IN A SAFE AND CONTROLLED MANNER WHILE USING THE GAME SOFTWARE. You acknowledge and agree that you will not rely upon any mechanism in the Game Software for protection.
YOU MAY FEEL OVERWHELMED BY THE IMMERSIVE NATURE OF THE GAME SOFTWARE, AND YOU MAY EXPERIENCE INTENSE PHYSICAL AND PSYCHOLOGICAL SENSATIONS DURING OR AFTER ITS USE. You acknowledge that you are capable of removing your virtual reality headset at any time during the use of the Game Software in order to cease experiencing the Game Software, to check your location within your physical surroundings, to provide yourself with adequate rest and recovery, or for any other reason to ensure your mental and/or physical comfort and safety.
This software is not intended for use by children. Children may be unable to maintain safe control of their actions if permitted to use the Game Software. You agree that you will not allow children under the age of 14 to use this software. You agree that persons under the age of minority (18 years of age in the United States), shall be supervised by an adult at all times while using the Game Software. It is further recommended that all persons be supervised while using the Game Software to ensure safety.
YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY PARTICIPATING IN THE USE OF THE GAME SOFTWARE ENTIRELY AT YOUR OWN RISK. YOU ARE AWARE OF THE RISKS ASSOCIATED WITH USING THE GAME SOFTWARE, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND DEATH. YOU UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM YOUR USE OF THE GAME SOFTWARE, INCLUDING DUE TO YOUR OWN OR OTHER'S NEGLIGENCE. NONETHELESS, YOU ASSUME ALL RELATED RISKS, BOTH KNOWN OR UNKNOWN TO YOU, OF USING THE GAME SOFTWARE.
3. OWNERSHIP
You agree and acknowledge that all title, ownership rights, and intellectual property rights connected with the Game Software and any and all copies thereof (including but not limited to any derivative works, titles, computer code, themes, objects, characters, character names, stories, dialogs, catch phrases, locations, concepts, artwork, graphics, animation, sounds, musical compositions, audio-visual effects, text, screen displays, methods of operation, moral rights, “applets” incorporated into the Game Software, and any related documentation) are owned by DCSI or its licensors.
The Game Software is protected by the copyright laws of the United States, international copyright treaties and conventions, United States and common law trademark laws, and other laws. All rights are reserved worldwide. The Game Software contains certain materials licensed by DCSI from others, and DCSI and DCSI's licensors may protect their rights in the event of any violation of this Agreement.
4. LICENSE CONDITIONS AND RESTRICTIONS
You agree to only use the Game Software, or any part of it, in a manner that is consistent with this License and you SHALL NOT:
(a) without written permission from DCSI, use, advertise or exploit in any manner the Game Software or any of its parts commercially, including but not limited to use at a cyber (Internet) café, computer gaming center or any other location-based site;
(b) without a separate, additional license from DCSI, use the Game Software or permit the use of the Game Software, on more than one computer at the same time;
(c) use the Game Software, or permit use of the Game Software, in a network, multi-user arrangement or remote access arrangement, including any online use, except as otherwise explicitly permitted by DCSI in writing;
(d) make copies of the Game Software or any part thereof, except that you may make one (1) copy of the Game Software for backup or archival purposes, or make copies of the materials accompanying the Game Software for non-commercial backup and reference only;
(e) sell, rent, lease, license, distribute, upload to any Internet server or web site, or otherwise transfer any portion of this Game Software or any copies without the express prior written consent of DCSI;
(f) reverse engineer, derive source code, modify, decompile, disassemble, or create derivative works of the Game Software, in whole or in part (except as the applicable law expressly permits, in which case all and any lawful modifications, adaptations, improvements, etc., and all copyrights and moral rights therein, shall be deemed assigned to, and shall belong to, vest in and be the exclusive property of DCSI and/or its licensors on creation, in any event);
(g) remove, disable or circumvent any security protections or any technical measures that control access to the Game Software;
(h) remove, modify, deface or circumvent any intellectual property or proprietary notices or labels contained on or within the Game Software;
(i) export or re-export the Game Software or any copy or adaptation in violation of any applicable laws or regulations; or
(j) create data or executable programs that mimic data or functionality in the Game Software.
Furthermore, you agree that you shall abide by the safety information, maintenance instructions or other relevant notices that is included with, or present within the Game Software.
5. GAME SOFTWARE UPDATES AND PATCHES
DCSI may provide updates, patches and other modifications to the Game Software that must be installed for the user to continue to play the game properly or at all. DCSI may update, patch or modify the Game Software remotely and access the Game Software residing on your machine for such purpose, and you hereby grant to DCSI the right to deploy and apply such patches, updates and modifications. All provisions of this Agreement that refer to the “Game Software” shall also include all such patches, updates and modifications.
6. LIMITED WARRANTY
You are aware and agree that use of the Game Software and the media on which it is recorded is at your sole risk.
OTHER THAN EXPRESSLY SET FORTH IN THIS AGREEMENT, THE GAME SOFTWARE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. NO ORAL OR WRITTEN ADVICE OR INFORMATION GIVEN BY DCSI OR ANY OF ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS LIMITED WARRANTY.
Some states and jurisdictions do not allow the exclusion of, or limitations on, limited or implied warranties, and in such states and jurisdictions, DCSI’s and its licensors’ liability shall be limited to the maximum extent permitted by law. You may have other rights that vary from state-to-state or from jurisdiction-to-jurisdiction. Under no circumstances shall any implied warranty required by law exceed the 90-day period of the Limited Warranty above.
7. LIMITATIONS ON DAMAGES
IN NO EVENT SHALL DCSI OR ITS LICENSORS BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, USE OR MALFUNCTION OF THE GAME SOFTWARE, INCLUDING WITHOUT LIMITATION ANY LOSSES OR DAMAGES CONNECTED WITH OR CONSISTING OF LOST PROFITS, DAMAGE TO PROPERTY, LOST OR CORRUPTED DATA OR FILES, LOSS OF GOODWILL, CONSOLE, COMPUTER OR HANDHELD DEVICE FAILURE, ERRORS AND LOST BUSINESS OR OTHER INFORMATION AS A RESULT OF POSSESSION, USE OR MALFUNCTION OF THE GAME SOFTWARE, OR PERSONAL INJURIES, EVEN IF DCSI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. FURTHERMORE, IN NO EVENT SHALL DCSI OR ITS LICENSORS BE LIABLE FOR SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES RESULTING FROM THE BREACH OF ANY EXPRESS OR IMPLIED WARRANTIES OR ANY OTHER TERMS OF THIS AGREEMENT. DCSI'S TOTAL LIABILITY IN ALL CASES SHALL NOT EXCEED THE ACTUAL PRICE PAID FOR THE GAME SOFTWARE. THE FOREGOING APPLIES EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
8. TERM AND TERMINATION
Without prejudice to any other rights of DCSI, the License shall remain in effect for as long as you use, operate or run the Game. The License shall terminate automatically if you fail to comply with its terms and conditions. In such event, you must uninstall and destroy all copies of the Game Software. You may also terminate the License at any time by destroying the Game Software and uninstalling it from your computer(s) or other applicable hardware. The Sections entitled “Ownership,” “License Conditions and Restrictions,” “Limitations on Damages,” “Term and Termination,” “Indemnity,” “Choice of Law and Jurisdiction,” and “Miscellaneous” shall survive any termination of this License.
9. INDEMNITY
You agree to indemnify, defend and hold harmless DCSI, its partners, affiliates, contractors, licensors, officers, directors, employees and agents from all claims, damages, costs and expenses (including reasonable legal fees) arising directly or indirectly from your acts or omissions in connection with using the Game Software or any breach by you of the terms of this Agreement.
10. CHOICE OF LAW AND JURISDICTION
THIS AGREEMENT, AND THE RIGHTS AND OBLIGATIONS OF YOU AND DCSI CONCERNING THE GAME SOFTWARE, SHALL BE CONSTRUED AND ENFORCED UNDER ILLINOIS STATE LAW AS SUCH LAW IS APPLIED TO AGREEMENTS BETWEEN ILLINOIS RESIDENTS ENTERED INTO AND TO BE PERFORMED WITHIN ILLINOIS, WITHOUT REGARD TO ILLINOIS’ CONFLICTS OF LAW PRINCIPLES. TO THE EXTENT ANY CLAIMS ARE GOVERNED BY FEDERAL LAW, SUCH FEDERAL LAW ALSO SHALL BE APPLICABLE. YOU AND DCSI CONSENT TO THE EXCLUSIVE PERSONAL JURISDICTION OF THE STATE AND FEDERAL COURTS LOCATED IN CHICAGO, ILLINOIS, IN CONNECTION WITH ANY CLAIM OR DISPUTE CONCERNING THIS AGREEMENT OR THE GAME SOFTWARE, AND YOU AND DCSI WAIVE ANY OBJECTION BASED ON THE VENUE OR INCONVENIENCE OF SUCH FORUM. IF YOU ARE FROM OUTSIDE THE UNITED STATES, THE APPLICATION OF THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY EXCLUDED.
11. AMENDMENTS
DCSI reserves the right to amend this Agreement at any time, at its sole discretion, but will post such changes on the DCSI website and/or the Game Software website, and/or will communicate such changes through platform/service providers (including, but not limited to, Steam, HTC Viveport, Oculus, and PlayStation). If any such future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you may terminate this Agreement in accordance with the above Termination provisions. Your installation and use of any updates or modifications to the Game Software or your continued use of the Game Software following notice of changes to this Agreement will constitute your acceptance of any and all such changes to the terms of this Agreement.
12. MISCELLANEOUS
This Agreement represents the complete agreement between you and DCSI concerning the License and your rights to use the Game Software, and supersedes all prior agreements and representations, warranties or understandings between you and DCSI (whether negligently or innocently made but excluding those made fraudulently), regarding the same subject matter. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and the remaining provisions of this Agreement shall remain in full force and not be affected.