END USER LICENSE AGREEMENT
This End-User License Agreement (the “EULA”) is a legal agreement between an individual that downloads the Software (the “Licensee”) and Gamedust Sp. z o.o. (the “Company” or “Gamedust”), the author of “Spuds Unearthed” (the “Software”), which may include associated media, printed materials, and “online” or electronic documentation.
By installing, copying, or otherwise using the Software, Licensee agrees to be bound by the terms and conditions set forth in this EULA. If Licensee does not agree to the terms and conditions set forth in this EULA, then Licensee may not download, install, or use Software.
Gamedust reserves the right to change or modify these EULA Terms at any time and
- “Company” shall refer to the licensor, Gamedust Sp. z o.o., located at Poland, Poznan, 4/7 Dluga street.
- “Licensee” shall mean the individual or entity that downloads and uses the Software.
- “Software” shall mean “Spuds Unearthed”, the deliverables provided pursuant to this EULA.
You must be at least 13 years of age to access and use the Software. There is no exception to this requirement. By your use of the Software, you agree that you are 18 years of age or older, or an emancipated minor, or possess legal parental or guardian consent, and that you are fully able and competent to understand and accept this EULA as a binding contract and to abide by all Terms.
- Grant of License
- Software Product License. Subject to the terms of this EULA, Company hereby grants to Licensee a royalty-free, non-exclusive license to possess and to use a copy of the Software. Licensee is not allowed to make a charge for distributing this Software, either for profit or merely to recover media and distribution costs.
- Installation and Use. Licensee may install and use every purchased copy of Software on a shared computer or concurrently on different computers or hardware. Licensee is not allowed to make any back-up copies of Software, for Licensee’s use within Licensee’s business or personal use or other.
- Reproduction and Distribution. Licensee may not reproduce and distribute the Software
- Description of Rights and Limitations
- Limitations. Licensee may not reverse engineer, decompile, or disassemble Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding the limitation.
- Update and Maintenance. By agreeing Term of this EULA You understand that to use Software there may be required use of an additional software or hardware. Furthermore Gamedust may need to process updates of Software to keep it functioning properly. For example We may need to include bux fixes, patches, new features etc. By using Software You agree to such automatic updates. Gamedust reserve the right to disable Your access to Software permanently or temporarily whenever We think that Your health or safety may be at risk, any ethics standards or laws are violated.
- Separation of Components. Software is licensed as a single product. Its components may not be separated for use on more than one computer.
- Intellectual Property. All rights, title, interest, and copyrights in and to the Software, including but not limited to all images, photographs, animations, video, audio, music, text, data, computer code, algorithms, and information, are owned by Company. The Software is protected by all applicable copyright laws and international treaties. Therefore, Licensee is required to treat Software like any other copyrighted material, except as otherwise provided for in this EULA.
- Support. Company has no obligation to Software support, or to continue providing or updating any of the Software. Despite that fact Gamedust will do everything to keep Software usable as long as it is possible. If You’ll have any problems with downloaded content please contact Us at firstname.lastname@example.org.
- Terms of Agreement. This EULA is effective until:
- Automatically terminated if Licensee fails to comply with any of the terms and conditions set forth in this EULA; or
- Terminated by Company.
Company may term terminate this EULA immediately when You will violate Terms of this EULA or You create risk or possible legal exposure for Gamedust. We may also terminate Your rights to access Software.
- Code of Conduct
Please always stay kind and respectful to other players. You agree to stay comply with this code of conduct during multiplayer or co-op gameplay sessions:
- Do not use derogatory, demeaning, malicious, defamatory, abusive, offensive, hateful or discriminatory language.
- Do not harass, bully, threaten, harm or cause discomfort for other users. For example:
- Use of hate speech or racial, ethnic, sexist, homophobic or religious slurs;
- Harassment of a specific person (repeated flaming or personal attacks); or
- Disclosing any personal or private information of another person, or any confidential information pertaining to a business, without consent.
- Do not promote, plan, glorify or engage in any illegal activity or otherwise make available content that would encourage or provide instructions for an illegal activity. These topics include but are not limited to crimes relating to drugs, drug paraphernalia, rape, solicitation of a minor, computer hacking, counterfeiting and fraud.
- Do not impersonate other persons, including fellow users or Vertigo staff or attempt to obtain sensitive information from other users. For example:
- Falsely claiming an official title or to hold position relating to Vertigo;
- Falsely claiming the representation of another business or websites;
- Falsely claiming to be a law enforcement officer; or
- Soliciting passwords or personal information from other users.
- Do not engage another user under false pretenses or otherwise defraud another user.
Vertigo, at its sole discretion, may issue a warning or expel User from the Services for violations of the Code of Conduct.
- Integration. Both parties agree that this EULA is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements and communications relating to the subject matter of this EULA.
- Jurisdiction. This EULA shall be deemed to have been made in Poland, and shall be construed pursuant to the laws of Poland, without regard to conflicts of laws provisions thereof. Any legal action or proceeding relating to this EULA shall be brought exclusively in courts located in Poznan, Poland, and each party consents to the jurisdiction thereof. The prevailing party in any action to enforce this EULA shall be entitled to recover costs and expenses including, without limitation, reasonable attorneys’ fees.
- Non-Transferable. This EULA is not assignable or transferable by Licensee without the prior written consent of Company; any attempt to do so shall be void. Any notice, report, approval or consent required or permitted hereunder shall be in writing and will be deemed to have been duly given if delivered personally, registered or certified mail to Company registered office.
- Severability. No failure to exercise, and no delay in exercising, on the part of either party, any privilege, any power or any rights hereunder will operate as a waiver thereof, nor will any single or partial exercise of any right or power hereunder preclude further exercise of any other right hereunder. If any provision of this EULA shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this EULA shall otherwise remain in full force and effect and enforceable.
- Warranty Disclaimer. Company, and author of Software, hereby expressly disclaim any warranty for the Software. Software and any related documentation is provided “as is” without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Licensee accepts any and all risk arising out of use or performance of Software
- Limited Liability. Company shall not be liable to Licensee, or any other person or entity claiming through Licensee any loss of profits, income, savings, or any other consequential, incidental, special, punitive, direct or indirect damage, whether arising in contract, tort, warranty, or otherwise. Even if Company has been advised of the possibility of such damages. These limitations shall apply regardless of the essential purpose of any limited remedy. Under no circumstances shall Company’s aggregate liability to Licensee, or any other person or entity claiming through Licensee, exceed the financial amount actually paid by Licensee to Company for the Software. Company will not be liable to any loss of progress in game (Software). By using Software Licensee confirms that he or she understands that Software requires support of other software or hardware to work correctly and Gamedust may not be responsible for proper functioning of such third software or hardware.
If Licensee has any health problems (like epilepsy) or phobias (like claustrophobia) or similar, Licensee should contact its doctor before first use of the Software. Furthermore Gamedust will not be liable of any damages caused by use of Software to people with any kind of health problems.
- Entire Agreement. This Agreement constitutes the entire agreement between Company and Licensee and supersedes all prior understandings of Company and Licensee, including any prior representation, statement, condition, or warranty.
- Additional Provisions and/or Disclosures