END USER LICENSE AGREEMENT
Islands of Nyne: Battle Royale
Last updated on January 27st, 2017
This Islands of Nyne: Battle Royale End User License Agreement (the ‘Agreement’), describe the terms by which Define Human Studios LLC (‘DHS’) offers you: (i) the right to download and install and/or use the Islands of Nyne: Battle Royale (the ‘Game’) software, content, and related documentation.
By installing the Game on your computer, you agree to be legally bound by the terms of this Agreement, and you represent that you are of legal age in your jurisdiction and are accepting this Agreement it its entirety either on behalf of yourself or your minor child. By choosing to not install the Game, you do not accept this Agreement, and are not permitted to download or use the Software or access the Game.
DHS reserves the right to modify this Agreement in whole or in part, from time to time at its sole and absolute discretion, and to provide you with notice of such modifications by any reasonable means, including, without limitation, by making available the revised version thereof through downloading of the Game client. You can determine when the Agreement was last revised by referring to the “Last Updated” legend at the top of the Agreement. Your continued use of the Game following our making available any revised version of the Agreement will mean that you accept the revised version. If you do not agree to any changes made to the Agreement, you may not access or use the Software, and you may not play the Game.
WARNING: READ BEFORE PLAYING
A VERY SMALL PERCENTAGE OF INDIVIDUALS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR FLASHING LIGHTS. EXPOSURE TO CERTAIN PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN, OR WHILE PLAYING VIDEO GAMES, MAY INDUCE AN EPILEPTIC SEIZURE IN THESE INDIVIDUALS. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN PERSONS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY.
IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO PLAYING. IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE PLAYING A VIDEO OR COMPUTER GAME — DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS — IMMEDIATELY DISCONTINUE USE AND CONSULT YOUR PHYSICIAN BEFORE RESUMING PLAY.
- SERVICES AND CONTENT OF Islands of Nyne: Battle Royale
1.1 DHS Agreements and Policies
The Game is a multiplayer online competitive game, developed and published by Define Human Studios. Your use of the Software, the Game and your access to and use of the Sites is subject at all times to this Agreement, as well as the any other applicable rules or restrictions set forth in the Game and on the Sites.
1.2 Software and Gameplay
To play the Game, you must: (a) download and/or access the Game from Steam, (b) have at least the minimum system requirements to operate the Software and/or the Game, and (d) have an Internet connection to download and play the Game. In addition to any applicable fees described in this Agreement, you are responsible for paying any and all applicable taxes (including those we are not required to collect) and for all hardware, software, Internet service and other costs you incur to access the Software, and the Game.
You acknowledge that online games evolve over time and system requirements to play the Game may change over time. You may need to upgrade your system (or obtain a new system) to play the Game. You agree that DHS retains the unfettered right to modify any and all aspects of its games, and that DHS has been making, is making, and will continue to make changes to its games. You further acknowledge that DHS can, in its discretion, modify features, functions or abilities of any element of the Game, that may in turn change the direction of the game.
1.3 Third Party Conduct
You acknowledge that DHS is a service provider, and that the Game permits interaction between users online regarding topics and content chosen by users of the Game through chat functionality or otherwise. Accordingly, you will not expect DHS to control the quality, morality, legality, truthfulness or accuracy of User Content within the Game or related services (e.g. voice chat, user typed chat, user board, forums or website posts, and so forth). Under no circumstances will DHS be liable for any errors or omissions in any postings or for any loss or damages of any kind incurred as a result of the use of any information contained within the Game or related services.
1.4 Scheduled and Unscheduled Service Interruptions
The Game is an ‘online’ game that must be played over the Internet. DHS reserves the right to interrupt, modify (including adding or removing servers), suspend, cancel or terminate the Software or the Game with or without prior notice for any reason or no reason. You agree that DHS will not be liable for any interruption, delay or failure of the Software and/or the Game to perform, and you understand that you shall not be entitled to any refund of fees for Paid Content or compensation for interruption to your use of the Software and/or the Game or any failure of the Software and/or the Game to perform. DHS has the right at any time for any reason or no reason to change and/or terminate any aspect of the Software and/or the Game as it sees fit in its sole discretion.
- LICENSE TERMS AND INTELLECTUAL PROPERTY
2.1 Game License
The Software and the Game are not sold to you, but licensed according to the terms of this Agreement.
Subject to the terms of this Agreement we hereby grant to you a non-exclusive, non-transferable, revocable, limited right and license to: (a) install the Software solely for your personal, non-commercial use; (b) use the Software solely in connection with playing the Game via an authorized Account.
DHS shall retain all rights, title and interest relating to or residing in the Software, the Game, all data in connection therewith, and all copies thereof, including without limitation, any titles, computer code, themes, objects, characters, names, stories, dialog, locations, concepts, artwork, landscape designs, animations, sounds, musical compositions and recordings, audio-visual effects, character likenesses, methods of operation, moral rights, and any related documentation and user manuals (collectively, ‘Rights’). Except for the revocable, limited licenses expressly granted above, you acknowledge and agree that you have not and will not acquire or obtain any intellectual property rights or other rights, including any right of exploitation, of any kind into the Game, including any of the Rights listed above, and/or any compilation or copyrightable arrangement thereof, and that all such Rights are exclusively owned by DHS.
2.3 Limitations of License; Responsibilities of End User
The license granted to you in section 2.1 is limited. Any use of the Software, Game or any part thereof in violation of this Agreement is beyond the scope of the license granted to you and, therefore, infringes DHS’s copyrights in and to the Software and/or the Game. You shall not, without express advance written permission from DHS: (a) copy (except to make one necessary back-up copy), distribute, sell, auction, rent, lease, loan, modify or create derivative works, adapt, translate, perform, display, sublicense or transfer all or any portion of the Game on, or through any medium; (b) reverse engineer, disassemble or decompile, or attempt to reverse engineer or otherwise derive code from, the Software except to the extent that this restriction is expressly prohibited by applicable law, or modify the Software to change the Game play; (c) create, facilitate, host, link to or provide any other means through which the Game may be played by others through interception, emulation or redirection of the communication protocols used by DHS, including without limitation through protocol emulation, tunneling, data mining, packet sniffing, modifying or adding components to the Game, use of a utility program, or any other technique now known or hereafter developed, for any purpose including but not limited to unauthorized network play over the Internet, network play utilizing commercial or non-commercial gaming networks, or as part of content aggregation networks; (d) create, facilitate, or maintain any unauthorized connection to the Game; (e) mine, decrypt, or modify any data transmitted between client and server; (f) use, post, host or distribute macros, ‘bots’ or other programs which would allow unattended game play or which otherwise impact game play, including without limitation any program which enables or facilitates mining, character kills, or level increases; (g) take any action which imposes an unreasonable or disproportionately large load on our infrastructure.
2.4 Consent to Monitor
When running, the Game may monitor your computer’s random access memory for unauthorized third party programs running concurrently with the Game which, in DHS’ sole determination: (a) enable or facilitate cheating of any type; (b) allow users to modify or hack the Game interface, environment, and/or experience in any way not expressly authorized by DHS; or (c) intercept, ‘mine’ or otherwise collect information from or through the Game (an ‘Unauthorized Third Party Program’). In the event that the Game detects an Unauthorized Third Party Program: (i) the Game may communicate information back to DHS, including without limitation your Account username, details about the Unauthorized Third Party Program detected and the activities or functions performed thereby, and/or (ii) DHS may exercise any or all of its rights and remedies under this Agreement without prior notice to the user linked to such Unauthorized Third Party Program. You acknowledge that any and all character data and other data that is stored and is resident on our servers, and any and all communications that you make within the Game (including, but not limited to, messages solely directed at another player or group of players) traverse through our servers, may or may not be monitored by us or our agents, you have no expectation of privacy in any such communications and you expressly consent to such monitoring of communications you send and receive.
3.1 Termination by DHS
We may terminate this Agreement (including your Game license) and/or suspend your Account immediately and without notice if: (a) you violate any provision of this Agreement, (b) you infringe any intellectual property rights, (c) we are unable to verify or authenticate your copy of the Game, (d) upon game play, chat or any player activity (including activity on Game forum postings) whatsoever which we, in our sole discretion, determine is inappropriate and/or in violation of the spirit of the Game, and/or (e) upon any violation of any of the Rules. If we terminate this Agreement or suspend your Account under these circumstances, you will lose access to the Game for the duration of the suspension without any refund for any Paid Content that you may have purchased. We may also terminate this Agreement if we decide, in our sole discretion, to discontinue offering the Game. In such a case, all licenses set forth herein will immediately terminate without reimbursement or refund to you.
3.2 Termination by You
You may terminate this Agreement (including your Game license), the Game at any time: (a) by permanently deleting and/or destroying all copies of the Game in your possession or control, and (b) by removing the Game from your computer system. We do not provide full or partial refunds for Paid Content that you have purchased.
Sections 2.2 and 2.3 shall survive any termination of this Agreement.
- NO EXPRESS OR IMPLIED WARRANTIES; LIMITATION OF LIABILITY
4.1 No Express or Implied Warranties
WE PROVIDE THE SOFTWARE, THE GAME, AND ALL OTHER SERVICES ‘AS IS.’ DHS EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. WITHOUT LIMITING THE FOREGOING, WE DO NOT ENSURE CONTINUOUS, ERROR-FREE, SECURE OR VIRUS-FREE OPERATION OF THE SOFTWARE, THE GAME, OR CONTINUED OPERATION OR AVAILABILITY OF ANY GIVEN SERVER, FEATURE, SERVICE, CONTENT, OR GAME-PLAY, AND DHS MAY CHANGE, MODIFY, SUSPEND OR REMOVE ANY SUCH SERVER FEATURE, SERVICE CONTENT GAME-PLAY IN ITS SOLE DISCRETION. This warranty gives you specific legal rights, and you may also have other legal rights that vary depending on your place of residence. Some jurisdictions do not allow limitations as to how long an implied warranty lasts and/or exclusions or limitations of consequential damages, so the above limitations and/or exclusions of liability may not apply to you. You may also have other legal rights which vary depending on your place of residence.
We are not liable for any delay or failure to perform resulting from any causes beyond our reasonable control. Further, we cannot and do not promise or ensure that you will be able to access the Game whenever you want, and there may be extended periods of time when you cannot access the Game. You assume the entire risk as to the results and performance of Software and the Game in connection with your hardware and software, and you assume the entire cost of all servicing, repair and/or correction of your hardware and software.
4.2 Disclaimers and Limitation of Liability
Islands of Nyne: Battle Royale includes the Unreal® Engine code and other code, materials, and information (the “Epic Materials”) from Epic Games, Inc. (“Epic”). All Epic Materials are provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind. DHS, Epic, and Epic’s affiliates disclaim all warranties, conditions, common law duties, and representations (express, implied, oral, and written) with respect to the Epic Materials, including without limitation all express, implied, and statutory warranties and conditions of any kind, such as title, non-interference with your enjoyment, authority, non-infringement, merchantability, fitness or suitability for any purpose (whether or not Epic knows or has reason to know of any such purpose), system integration, accuracy or completeness, results, reasonable care, workmanlike effort, lack of negligence, and lack of viruses, whether alleged to arise under law, by reason of custom or usage in the trade, or by course of dealing. Without limiting the generality of the foregoing, DHS, Epic, and Epic’s affiliates make no warranty that (a) any of the Epic Materials will operate properly, including as integrated in the Game, (b) that the Epic Materials will meet your requirements, (c) that the operation of the Epic Materials will be uninterrupted, bug free, or error free in any or all circumstances, (d) that any defects in the Epic Materials can or will be corrected, (e) that the Epic Materials are or will be in compliance with a platform manufacturer’s rules or requirements, or (f) that a platform manufacturer has approved or will approve this Game, or will not revoke approval of this Game for any or no reason. Any warranty against infringement that may be provided in Section 2-312 of the Uniform Commercial Code or in any other comparable statute is expressly disclaimed by DHS and Epic. DHS, Epic, and Epic’s affiliates do not guarantee continuous, error-free, virus-free, or secure operation of or access to the Epic Materials. This paragraph will apply to the maximum extent permitted by applicable law.
To the maximum extent permitted by applicable law, neither DHS, Epic, Epic’s licensors, nor its or their affiliates, nor any of DHS’s or Epic’s service providers, shall be liable in any way for loss or damage of any kind resulting from the use or inability to use the Epic Materials or otherwise in connection with this Agreement, including but not limited to loss of goodwill, work stoppage, computer failure, or malfunction, or any and all other commercial damages or losses. In no event will DHS, Epic, Epic’s licensors, nor its or their affiliates, nor any of DHS’s or Epic’s service providers be liable for any loss of profits or any indirect, incidental, consequential, special, punitive, or exemplary damages, or any other damages arising out of or in connection with this Agreement or the Epic Materials, or the delay or inability to use or lack of functionality of the Epic Materials, even in the event of DHS’s, Epic’s, or Epic’s affiliates’ fault, tort (including negligence), strict liability, indemnity, product liability, breach of contract, breach of warranty, or otherwise and even if DHS, Epic or Epic’s affiliates have been advised of the possibility of such damages. These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate compensation.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of DHS, Epic, Epic’s licensors, its and their affiliates, and any of DHS’s or Epic’s service providers shall be limited to the full extent permitted by law.