END USER’S LICENSE AGREEMENT
Last updated: 15 October, 2018
gamingcompany ltd provides this videogame software application – Project Warlock by Buckshot Software – along with any updates and associated media (hereinafter the "Game") only for your personal use, subject to this End User License Agreement (the "EULA"). By downloading, installing or using the Game, you agree that you have read, understood, and agree to this EULA. If you do not agree, you should not download, install, copy or use the Game. This EULA incorporates the rules and guidelines that apply to your use of the Game. You confirm your agreement to this EULA as part of the installation process of the Game or by using the Game. If you do not agree to this EULA, do not attempt to install the Game.
gamingcompany ltd reserves the right, in its sole discretion, to change, modify, add, or remove portions of this EULA on a going forward basis at any time by making such modified EULA available to you. The EULA will be identified as of the most recent date of revision and will be effective immediately. Your use of the Game after modifications to the EULA become effective constitutes your binding acceptance of such changes. If you are dissatisfied with the terms of the EULA, then you agree that your sole and exclusive remedy is to discontinue any use of the Game.
Hardware to use the Game
By using the Game you agree that you have the necessary hardware, software and capability required for the use of the Game. We accept no responsibility or liability for any failure of your system to meet the technical requirements of our Game.
From time to time, gamingcompany ltd may need to:
(a) deploy or provide patches, updates, additional content or other modifications to the Game; and
(b) remove or suspend access to particular features, content or other parts of the Game.
The actions referred to will be provided automatically in order to keep the Game running efficiently. It is therefore not practicable to ask for your approval or even to notify you before we take these actions and you confirm that you consent to us taking these actions without your prior approval and without any prior notice.
1 Subject to your compliance with the terms and conditions set forth in this EULA, gamingcompany ltd grants you a limited,
non-exclusive, non-transferable, non-sublicensable, revocable license to use one copy of the Game as downloaded or made available by an authorised gamingcompany’s distributor, solely in object code format and solely for your personal, non-commercial use for lawful purposes.
2 Except and solely to the extent such a restriction is impermissible under applicable law, you may not (a) decompile, reverse engineer, or otherwise access or attempt to access the source code for the Game, or make or attempt to make any modification to the Game or any portion thereof; or (b) interfere with or circumvent any feature of the Game.
3 You agree that you shall not, in whole or in part, under any circumstances, do the following:
(a) Copy or reproduce, reverse engineer, decode, derive source code, modify, disassemble, decompile, or create derivative works based on the Game, or otherwise use the Game, except as expressly set forth herein;
(b) Access or modify software of the Game using a method that wasn’t authorised by gamingcompany ltd;
(c) Use, in their entirety or individual components, the Game for any purposes not authorised by gamingcompany ltd, including but not limited to: (i) playing the Game in commercial establishments; (ii) communicating or assisting in communication of any commercial advertisement or solicitation through or by means of the Game;
(d) Use the Games to organise e-gaming or group competitions, sponsored, promoted or stimulated by any commercial or non-profit organization, without additional license or prior written consent from gamingcompany ltd;
(e) create, utilise and perform gaming operations by using errors in the structure, unregistered problems and software defects in the Game;
(f) attempt to sell any copies of the Game, sublicense, rent, lease, put in pledge or otherwise transfer or assign any copy to the third party, unless expressly set forth in this Agreement;
Buckshot Software and/or gamingcomapny ltd shall at all times retain ownership of the Game. The Game, including without limitation the code, graphics, game play, user interface, audio and other content are protected by copyright, trade dress, patent, and trademark laws of the United Kindgom and other jurisdictions, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Buckshot Software`s and/or gamingcompany’s materials, including intellectual property rights therein and thereto, are the sole and exclusive property of Buckshot Software and/or gamingcompany ltd or its subsidiaries or affiliated companies and/or third-party licensors. You may not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or make any use of the gamingcompany’s materials except as expressly permitted in this EULA. gamingcompany ltd reserves all rights not expressly granted in this EULA. You shall not acquire any right, title or interest in or to the gamingcompany’s materials, whether by implication, estoppel, or otherwise, except for the limited rights set forth in this EULA.
"gamingcompany", "Project Warlock", "Buckshot Software" and their respective logos are trademarks or registered trademarks of respective owners. You may not use or display such trademarks in any manner, except as expressly set out in this EULA. All third party trademarks and service marks that appear in the Game are the property of their respective owners and all rights in them are reserved.
Certain people are susceptible to epileptic seizures or loss of consciousness when exposed to certain flashing lights or light patterns in everyday life. Such people may have a seizure while watching certain monitor images or playing certain video games. This may happen even if the person has no medical history of epilepsy or has never had any epileptic seizures. If you or anyone in your family has ever had symptoms related to epilepsy (seizures or loss of consciousness) when exposed to flashing lights, consult your doctor prior to playing. We advise that parents should monitor the use of video games by their children. If you or your child experience any of the following symptoms: dizziness, blurred vision, eye or muscle twitches, loss of consciousness, disorientation, any involuntary movement or convulsion, while playing the Game, IMMEDIATELY discontinue use of the Game and consult your doctor. Please also note that when using the Game you should take certain standard health and safety precautions, including avoiding playing the Game when tired and not had much sleep, taking 10 to 15 minute breaks every hour, sitting at a reasonable distance from the screen, and playing the game in a well-lit environment.
THE GAME IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GAMINGCOMPANY LTD DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, QUALITY, AND NONINFRINGEMENT. GAMINGCOMPANY LTD EXPRESSLY DISCLAIMS ANY WARRANTIES OF ANY KIND WITH RESPCT TO THE ACCURACY, VALIDITY, OR COMPLETENESS OF ANY INFORMATION OR FEATURES AVAILABLE THROUGH THE GAME OR THE QUALITY OR CONSISTENCY OF THE GAME. UNDER NO CIRCUMSTANCES WILL GAMINGCOMPANY LTD BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES WHATSOEVER ARISING OUT OF THE USE OR INABILITY TO USE THE GAME, EVEN IF GAMINGCOMPANY LTD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN NO EVENT WILL GAMINGCOMPANY’S AGGREGATE LIABILITY FOR DAMAGES ARISING OUT OF THIS EULA SHALL BE SOLELY LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE GAME.. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH AN EVENT THE ABOVE LIMITATIONS WILL BE ENFORCED TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
(a) You agree to indemnify, defend and hold Buckshot Software and/or gamingcompany ltd and its licensors, affiliates, officers, directors, suppliers, and customers harmless from and against any and all liability and costs, including reasonable attorneys’ fees incurred by such parties, in connection with or arising out of your use or misuse ofthe Game, your violation of this EULA, any applicable law or regulation, or the rights of any third parties related to the use of the Game.
(b) gamingcompany ltd will not be liable for any failure to perform any obligation under this EULA, and we will not be liable for any failure or to make the Game available for download, installation or use, if that failure is caused by the happening of any unforeseen event beyond our control including without limitation: Internet outages, communications outages, hacking, fire, flood, war or act of God.
(c) This EULA will remain in effect until terminated. The EULA, and your rights and licenses hereunder, will terminate immediately upon your breach of the EULA, or any termination or suspension of your right to use the Game, as provided in the Terms. Upon any termination of this EULA, you must immediately cease use of the Game. gamingcompany ltd may terminate this EULA at any time for any reason.
(d) This EULA will be governed by the laws of United Kingdom, without respect to choice of law provisions. Any claim or dispute arising out of or in connection with this EULA must be resolved in accordance with the Terms, which you agree and understand requires us to resolve most of our disputes by binding arbitration, and that by using the Game, YOU ARE WAIVING YOUR RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION SUIT AGAINST GAMINGCOMPANY LTD.
(e) This EULA constitute the entire agreement between you and gamingcompany ltd, and supersedes any and all prior agreements, negotiations, or other communications between you and gamingcompany ltd, whether oral or written, with respect to your use of the Game. In the event that any provision of this EULA is held to be invalid or unenforceable, then: (a) such provision shall be deemed reformed to the extent strictly necessary to render such provision valid and enforceable, or if not capable of such reformation shall be deemed severed from this EULA; and (b) the validity and enforceability of all of the other provisions hereof, shall in no way be affected or impaired thereby. You may not assign this EULA without the prior written consent of gamingcompany ltd, whether expressly, by operation of law, or otherwise, including in connection with a merger or change of control, and any such attempted assignment shall be void and of no effect. gamingcompany ltd may assign this EULA without restriction. Subject to the foregoing, this EULA shall be binding on the parties and their respective heirs, successors, and permitted assigns. The failure to exercise, or delay in exercising, a right, power or remedy provided in this EULA or by law shall not constitute a waiver of that right, power or remedy. gamingcompany’s waiver of any obligation or breach of this EULA shall not operate as a waiver of any other obligation or subsequent breach of the EULA. The English language version of this EULA shall be the official and controlling version, and any translation provided is solely for convenience.
If you have any questions, complaints, or comments regarding this EULA, you may contact us at email@example.com