TerraTech EULA (Jan 2016 edition) Who we are We are Terra Tek Studios Limited, an English video games company. Our trading name (and our name in this End User Licence Agreement) is “Payload Studios” (or “us”, or “we”). Our full address is set out below. What this is This End User Licence Agreement (“EULA”) covers the relationship between us and the individual end users (“you”) who acquire or use a copy of our games (“Games”). This EULA is in addition to (rather than instead of) the terms which apply between you and distribution platforms like GOG or Steam. 1. Our licence to end users Each purchaser of a Game has a personal, non-exclusive licence to store and play the Game on his or her personal devices, for personal use only. Games are licensed, not sold, and we reserve all rights in our Games. Videos, fan art and modding are covered in section 4 below. 2. Sales and returns of Games Game sales and Game returns are governed by your relationship with the distribution platform you have paid (e.g. GOG, Steam or Humble). These platforms have policies for returns and refunds, so please contact them for these purposes. 3. Our Games We do not promise or warrant that our games are bug free or error free. In particular, if any of our Games are in “Early Access” or “Games in Development” (e.g. any Game with a version number lower than 1.0) then those Games are unfinished. They are likely to include major bugs and errors and to change substantially over time (which may include losing Game saves). 4. The TerraTech Community This section sets out how we interact with our community. If you have any further questions about this please contact us via our forums (www.terratechgame.com). 4.1 Bugs and comments We welcome all crash reports and bug reports, so please complete any crash report that comes up in a Game and let us know about other bugs via the Game, or via the bug thread on our forums. We also welcome comments! Please send these to us via the suggestions thread on our forums. 4.2 New content If you share any content (including any tech design) you make in our Games (e.g. by tweeting it using a TerraTech hashtag), or submit it to our forums, then we may use it in our Games or on our website or social media. Techs may appear with the username and tech name you specified. So please don’t share or submit anything if you don’t want us to use it in this way! (This does not apply to your videos or streams, of course.) In addition please don’t share or submit anything which is offensive or illegal, which belongs to someone else, or which gets you or us or our partners into trouble with anyone else. 4.3 Videos and Streams We would love you to make gameplay videos of our Games or to stream video of you playing our Games! Obviously you are free to monetize videos or streams, but please just ensure that you follow the rules set by the platform you use (e.g. YouTube and Twitch). We would also love it if you told us about your videos or streams, but obviously you don’t have to do so. 4.4 Modding Please refer to our website (or contact us) if you want to mod a Game. We cannot automatically allow Games to be modded at the moment for technical reasons. Depending on the mod, there may also be legal issues that need to be addressed first, as our Games use technology we have licensed from other companies. 4.5 Feedback, ideas and fan art If you send us any feedback or ideas, including suggestions about a Game, or fan art, you permit us to use these without charge (including in-game or on our website or social media) as provided below in section 5.1. Please don’t send us any feedback or ideas unless you agree to this! 4.6 Helping us out If you are a forum moderator, or help us out as a canary or with localisation, or help us in some other way, you are doing this without payment. We will not tell you when or where to do anything, and you are not required to do anything, at any time. Any help you do provide is voluntary. You permit us to use any work you create as provided below in section 5.1. This paragraph is in addition to (rather than instead of) our mod rules. 5. Other legal stuff our lawyers have asked us to say 5.1 Permissions granted to us Permissions and licences granted to us are permanent, irrevocable, worldwide and royalty free. They are granted to us without any limitation and we may sub-license or assign them. Accordingly, we may use works, content or ideas provided to us (including anything tweeted using a TerraTech hashtag) in any way we like, including within a Game, and accordingly we may copy, distribute, publish, stream, advertise, market, make derivative works of, and commercially exploit our Games (including works, content or ideas provided to us) worldwide and without royalty or other charge. To the extent you can do so under applicable law, you agree to waive any so-called “Moral Rights” you may have in any work, content or idea you provide to us. 5.2 Special permissions granted to you If we grant you a special permission (e.g. to use our Game name(s), or videos or screenshots), or a specific status (e.g. moderator), we can revoke this at any time without prior notice and without liability or obligation to you. This does not apply to the licence to use our Games, which is set out above in section 1. 5.3 Our Game and name We have the final say on all issues relating to the content of our Games, all uses of our studio name and our Game name(s), and of our forums, websites or social media sites. 5.4 Status and applicable laws The terms set out in this EULA are a legal agreement between you and us which is governed by English law. We can assign the benefit of this agreement to any person. 5.5 Changes We can update these terms at any time, and any update will be binding once the new terms have been published. We will use reasonable efforts to notify our community of any important changes we make to these terms, such as by posting changes to our forums. 5.6 No promises We make no promise or guarantee that our Games or services will be uninterrupted or error-free. USE OF OUR GAMES AND SERVICES IS AT YOUR RISK. THESE ARE PROVIDED "AS IS" ONLY. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO PROMISES, WARRANTIES, CONDITIONS OR OTHER TERMS OF ANY KIND, EITHER EXPRESS OR IMPLIED, ABOUT OUR GAMES OR ANY SERVICE WE PROVIDE. WE ARE NOT LIABLE TO YOU IN ANY MANNER IN CONNECTION WITH OUR GAMES OR ANY SERVICE WE PROVIDE. If your local law does not allow these disclaimers, they may not apply to you. Nothing in these terms will affect your statutory rights, or overrule any written contract between you and us. 5.7 Other Our website at www.terratechgame.com has other legal sections dealing with our relationship, including our privacy policy and cookie policy. Although we refer to “sales” of our Games, this refers to the grant of a non-exclusive, non-transferable personal licence to use a Game for your entertainment. The precise scope of this licence is set out in this EULA and in your agreement with the distribution platform from which you obtained a copy of the Game. 5.8 Legal notices Our Games are © 2015, 2016 Payload Studios. The “TerraTech” and “Payload” names are our trademarks, and may be registered in some countries. All rights reserved. 5.9 Definitions References to “us” and “we” mean Payload Studios (full legal name: Terra Tek Studios Limited) of suite 408, Britannia House, 1-11 Glenthorne Road, London W6 0LH, the UK, and our successors, assignees and licensees. “You” means any person who acquires and/or who plays TerraTech.