END USER LICENSE AGREEMENT
PLEASE READ THIS END USER LICENSE AGREEMENT (“AGREEMENT”) CAREFULLY BEFORE INSTALLING DARWIN PROJECT (THE “GAME SOFTWARE”). BY INSTALLING, COPYING AND/OR OTHERWISE USING THE GAME SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT AS SET FORTH BY SCAVENGERS STUDIO, LOCATED AT 200-3451 ST-LAURENT BOULEVARD, MONTREAL, QUEBEC, CANADA, HX2 2T6.
IF YOU AGREE TO THE TERMS SET FORTH IN THIS AGREEMENT, select “I ACCEPT” to install the Game Software and to indicate your acceptance of these terms and your understanding of the conditions of use of the Game Software.
IF YOU DO NOT AGREE TO THE TERMS SET FORTH IN THIS AGREEMENT, select “I DO NOT ACCEPT” and Scavengers Studio shall not grant to you the License (defined below) to the Game Software.
LIMITED USE LICENSE
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 Scavengers Studio or its licensors.
The Game Software is protected by the copyright laws of Canada, international copyright treaties, conventions, and other laws. All rights are reserved worldwide. The Game Software contains certain materials licensed by Scavengers Studio from others, and Scavengers Studio and Scavengers Studio’s licensors may protect their rights in the event of any violation of this Agreement.
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) cheat or utilize any unauthorized code, robot, spider, or other program in connection with any online features of the Game Software;
(b) violate any terms, policies, licenses, or code of conduct for any online features of the Game Software;
(c) without written permission from Scavengers Studio, use, advertize, 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;
(d) without a separate, additional license from Scavengers Studio, use the Game Software or permit the use of the Game Software, on more than one computer, game console, handheld device, or PDA at the same time;
(e) 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 Scavengers Studio in writing;
(f) 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;
(g) 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 Scavengers Studio. Notwithstanding the foregoing, you may permanently transfer all of your rights and obligations under the License to another person for non-commercial use by physically transferring the original Game Software media (e.g., the CD-ROM or DVD you purchased), all original packaging and all manuals or other documentation distributed with the Game Software; provided, however, that you permanently delete all copies and installations of the Game Software in your possession or control, and that the recipient agrees to the terms of this Agreement. You shall be solely responsible for any taxes, fees, duties, withholdings, charges and assessments that may be due in connection with such transfer.
(h) 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 Scavengers Studio and/or its licensors on creation, in any event);
(i) remove, disable, or circumvent any security protections or any technical measures that control access to the Game Software;
(j) remove, modify, deface, or circumvent any proprietary notices or labels contained on or within the Game Software;
(k) export or re-export the Game Software or any copy or adaptation in violation of any applicable laws or regulations; or
(l) 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 contained in the manual that is included with the Game Software.
GAME SOFTWARE UPDATES AND PATCHES
Scavengers Studio 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. Scavengers Studio 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 Scavengers Studio 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.
Player-created content includes anything created by the Game Software community related to the Game Software, such as but not limited to fan art, fan sites, Game Software’s screenshots and Game Software’s stream. All player-created content must be available for free to the public. Any and all player content submitted to Scavengers Studio shall be deemed and shall remain the property of Scavengers Studio from the moment such player content is created. Scavengers Studio shall exclusively own all now know and hereafter existing copyrights and all other intellectual property rights to all player content of every kind and nature, in perpetuity throughout the world. To the extent that any of the above may be void or unenforceable, you agree that any and all player content is hereby irrevocably assigned to Scavengers Studio, together with all intellectual property rights therein. To the extent any of the player content is not assignable, by submitting player content to Scavengers Studio, you agree that Scavengers Studio shall be irrevocably entitled, directly or indirectly throughout the world and in perpetuity, to modify, adapt, use, reproduce, license, publish, broadcast, perform, sell, translate, create derivative works from and distribute any player content for any purpose whatsoever, commercial or otherwise, in any medium now known or hereafter devised, without compensation or credit to the provider or author of the player content. You also give up any claim that any use by Scavengers Studio of any player content violates any of your rights, including but not limited to moral rights, rights of privacy, rights to publicity, proprietary or other rights, and/or rights to credit for the material or ideas set forth therein.
All player-created content must acknowledge and display the appropriate copyright and trademarks. Using other intellectual properties without the proper license or permission is not acceptable.
Scavengers Studio does not endorse or give license to any player-created content. Scavengers Studio reserves the right to monitor and revoke any and all use of Scavengers Studio’s intellectual property at any time and for any or no reason, at its sole discretion.
INFORMATION COLLECTION & USAGE
Scavengers Studio is using EasyAntiCheat anti-cheat service (“EasyAntiCheat”), which is operated by a third-party service provider offering services to Scavengers Studio. EasyAntiCheat has a client software (“Client”) that is integrated into the Game Software. When you start a new Game session a Client will automatically load its latest version to your computer or other gameplay device the Game is used (“Unit”) without any notice to you. When you are using the Game Software on your Unit, EasyAntiCheat is monitoring the Unit, analyzing the Game binaries, and scanning the memory of the Unit for the purpose of detecting and preventing cheating in the Game (“Purpose”). For the Purpose EasyAntiCheat is storing information regarding cheating methods used in the Game (“Data”). By installing, copying, or otherwise using this Game Software, you give your consent that EasyAntiCheat may gather, store, share, and publish Data for the sole purpose of the Purpose. The Data will be used solely for the Purpose including but not limited to identifying and banning players who are cheating in computer games, analyzing cheating behavior and cheating codes, as well as sharing data about cheats with affiliates of EasyAntiCheat. You are entitled to use the Game Software only in accordance with these terms and conditions and privacy statement of EasyAntiCheat.
You will find more information about the privacy practices of EasyAntiCheat on the privacy statement of EasyAntiCheat at www.easyanticheat.net/privacy. If you deny EasyAntiCheat to process your personal data in accordance with the said privacy statement or request EasyAntiCheat to remove or delete your personal data, the Publisher, EasyAntiCheat, or a third party (appointed by the Publisher or EasyAntiCheat) has a right to block your access to the Game and prevent your use of the Game.
THE SOFTWARE AND SERVICES AND CONTENT ARE PROVIDED ON AN “AS IS” BASIS AND AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SCAVENGERS STUDIO HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, WRITTEN OR ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUIET ENJOYMENT, ACCURACY, OR FITNESS FOR A PARTICULAR PURPOSE.
Without limiting any of the foregoing, Scavengers Studio does not ensure continuous, error-free, secure, or virus-free operation of the Scavengers Studio Services or Your Account. Some states or countries do not allow the disclaimer of implied warranties, and the foregoing disclaimer may not be applicable to you. This warranty gives you specific legal rights, and you may also have other legal rights that vary from state to state or from country to country.
LIMITATIONS ON DAMAGES
IN NO EVENT SHALL SCAVENGERS STUDIO 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 INJURY, EVEN IF SCAVENGERS STUDIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. FURTHERMORE, IN NO EVENT SHALL SCAVENGERS STUDIO 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. SCAVENGERS STUDIO’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.
NOTHING IN THIS SECTION SHALL AFFECT SCAVENGERS STUDIO’S LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM SCAVENGERS STUDIO NEGLIGENCE, FOR FRAUD OR FRAUDULENT MISREPRESENTATION, NOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
TERM AND TERMINATION
Without prejudice to any other rights of Scavengers Studio, 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,” “Injunction,” “Indemnity,” “Choice of Law and Jurisdiction,” and “Miscellaneous” shall survive any termination of this License.
Because Scavengers Studio would be irreparably damaged if the terms of this Agreement were not specifically enforced, you agree that Scavengers Studio shall be entitled, without bond or other security or proof of damages, to take such action as may be required, including seeking an injunction and other equitable remedies, in addition to any other remedies available to it under the applicable law.
You agree to indemnify, defend, and hold harmless Scavengers Studio, 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.
CHOICE OF LAW AND JURISDICTION
THIS AGREEMENT, AND THE RIGHTS AND OBLIGATIONS OF YOU AND SCAVENGERS STUDIO CONCERNING THE GAME SOFTWARE, SHALL BE CONSTRUED AND ENFORCED UNDER THE LAWS OF THE PROVINCE OF QUEBEC WITHOUT REGARD TO CONFLICT OF LAW PRINCIPLES OR THE UNITED NATIONS CONVENTION ON THE INTERNATIONAL SALE OF GOODS. TO THE EXTENT ANY CLAIMS ARE GOVERNED BY FEDERAL LAW, SUCH FEDERAL LAW OF CANADA ALSO SHALL BE APPLICABLE.
YOU AND SCAVENGERS STUDIO CONSENT TO THE EXCLUSIVE PERSONAL JURISDICTION OF THE COURTS LOCATED IN THE CITY OF MONTREAL IN CONNECTION WITH ANY CLAIM OR DISPUTE CONCERNING THIS AGREEMENT OR THE GAME SOFTWARE, AND YOU AND SCAVENGERS STUDIO WAIVE ANY OBJECTION BASED ON THE VENUE OR INCONVENIENCE OF SUCH FORUM.
NOTWITHSTANDING THIS, YOU AGREE THAT SCAVENGERS STUDIO IS ALLOWED TO APPLY FOR INJUNCTIVE OR OTHER EQUITABLE RELIEF IN ANY COURT OF COMPETENT JURISDICTION.
Scavengers Studio reserves the right to amend this Agreement at any time, at its sole discretion, but will post such changes on the website www.scavengers.ca and/or will communicate such changes through the Steam service. 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.
This Agreement represents the complete agreement between you and Scavengers Studio concerning the License and your rights to use the Game Software, and supersedes all prior agreements and representations, warranties or understandings between you and Scavengers Studio (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.
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