| Language: |
END USER LICENSE AGREEMENT
IMPORTANT - this End User License Agreement ("EULA") is an agreement between User (a natural or legal person) and FOREVER ENTERTAINMENT S.A., a company registered in Poland entered in the register of entrepreneurs conducted by the District Court Gdańsk-North in Gdańsk, VIII Commercial Division of the National Court Register, as KRS number: 0000365951, share capital of 10 880 000 PLN paid in full, Tax Identification Number (NIP): 5833112205, Statistical number (REGON) 221122120 with its registered office at al. Zwycięstwa 96/98, 81-451 Gdynia, Poland („FE”) governing the use of the game "HOLLOW" ("GAME").
EULA governs mutual rights and obligations of the User and FE.
User agrees to the terms of this EULA by clicking the "I agree" button.
If User does not agree to the following terms, User may not use the GAME.
If User is less than 18 years old, the terms of this EULA should be accepted by Users parents or legal guardians.
FE declares that it is a developer and publisher of the GAME and that it has the right to enter into this EULA.
1. FE grants to User a limited, non-exclusive, non-transferable, personal, revocable, worldwide license ("LICENCE") for downloading and / or installing, using the GAME solely for Users personal and non-commercial purposes and in accordance with applicable law.
Under this EULA User is not allowed, independently or by authorizing any other person, to: (a) use or exploit the GAME in any other manner for purposes other than those described above; (b) license or sublicense, distribute, rent, lease, transfer or otherwise dispose the GAME; (c) copy, hack, reverse engineer, decompile or disassemble the GAME or its components, obtain source code, unless such action is expressly permitted by applicable law, despite this limitation, (d) create any derivative works based on the GAME; (e) remove, alter or hide any information on copyright or other proprietary rights in the GAME.
The LICENCE is granted for the duration of this EULA.
2. To Use the GAME the User is required to have a device meeting the system requirements for GAME, software and access to the Internet.
3. Under this EULA User acknowledges and gives his consent for updating, modifying or altering the GAME, as well as providing of additional content to the GAME.
4. The GAME and all elements that make up the GAME are the sole property of FE or FE is licensed to exploit them. GAME and all elements that make up the GAME are protected by copyright and other intellectual property rights. FE retains all rights, title, in particular copyright and intellectual property rights.
5. The User shall bear all costs associated with accessing and using the GAME. User acknowledges that FE will not be obliged to provide you with any services, except those expressly stated in this EULA, including FE shall not be obliged to provide User with any support for your use of or access to the GAME.
6. The GAME may contain materials and/or elements owned by other persons or entities.
GAME 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. FE, 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, FE, Epic, and Epic’s affiliates make no warranty that (1) any of the Epic Materials will operate properly, including as integrated in the GAME, (2) that the Epic Materials will meet your requirements, (3) that the operation of the Epic Materials will be uninterrupted, bug free, or error free in any or all circumstances, (4) that any defects in the Epic Materials can or will be corrected, (5) that the Epic Materials are or will be in compliance with a platform manufacturer’s rules or requirements, or (6) 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 FE and Epic. FE, 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 FE, Epic, Epic’s licensors, nor its or their affiliates, nor any of FE’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 EULA, 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 FE, Epic, Epic’s licensors, nor its or their affiliates, nor any of FE’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 EULA or the Epic Materials, or the delay or inability to use or lack of functionality of the Epic Materials, even in the event of FE’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 FE, 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 FE, Epic, Epic’s licensors, its and their affiliates, and any of FE’s or Epic’s service providers shall be limited to the full extent permitted by law.
7. Under this EULA User acknowledges and gives his consent to provide the GAME "as it is" and with all its defects. FE and its licensors hereby exclude any other warranties, whether express, implied or statutory, arising out of the law or otherwise. FE does not warrant that the GAME will be free from defects, malfunctions, errors, viruses or other defects.
8. Neither FE nor its licensors shall be held liable for contractual, tort (including negligence), objective or any other damages or any other type of liability (including, but not limited to, loss of data, information) arising out of usage or inability to use of the GAME, even if FE has been advised on the possibility of such damages.
The liability of FE and its licensors for the use or inability to use of the GAME or arising out of any other reasons, under this EULA or in connection with this EULA or in connection with GAME, shall be limited to the amount actually paid by the User for the GAME, irrespective of: the amount of damage suffered, the base of liability (contractual, tort [including negligence], objective or any other).
Any further liability of FE is excluded to the fullest extent permitted by applicable law.
In some jurisdictions, the disclaimer or limitation of liability for damages is not admissible. In this case, the above disclaimer and limitation may not apply to User. User may stop using the GAME if User does not give his consent to the above.
9. EULA comes into force on the day the User accepts the content and will remain in effect until the date of termination.
FE reserves the right to terminate this EULA with the immediate effect on notice in the event of a breach by the User of the terms and conditions set forth in this EULA
The user may terminate the EULA at any time by uninstalling the GAME and deleting the GAME files from the User's devices.
Termination of the EULA results in the loss of all rights and licenses granted to User under this EULA.
Termination of this EULA does not effect in any waiver of the rights arising from breach of the EULA nor will release or disclaim User from liability for any breach of Users obligations under this EULA. FE shall not be held liable for any damages arising from termination of this EULA in accordance with its terms.
The provisions of points 4, 6, 7, 8, 9, 11, 12, 13 will remain in effect after the termination of this EULA, for the longest period allowed by the applicable law.
10. FE reserves the right to amend this EULA at FE sole discretion. The latest version of this EULA will be available on the FE’s website (http://forever-entertainment.com/en.hollow-eula.html) User acknowledge that each time he uses the GAME, User will ensure if there are amendments to this EULA. If User are unable to accept any amendments to this EULA and as a result User will not be able to comply with the terms and conditions of this EULA, User may terminate this EULA in accordance with the termination provisions mentioned above. Downloading and/or installing and/or further using by the User of any updates or modifications to the GAME, or continuing to use the GAME after amendments to this EULA, signifies acceptance by the User of any and all such amendments to this EULA.
11. This EULA and all disputes (contract or non-contractual) arising from this EULA are governed by the Polish law and will be settled by the Polish court competent for the place of the registered office of the FE. The provisions of this EULA do not limit, exclude or infringe consumer rights in accordance with applicable law.
12. If any provision of this EULA is found to be invalid, unlawful or unenforceable, the remaining provisions of the EULA shall remain in full force and effect.
13. Failure to exercise any right by FE or User does not constitute a waiver of such right.
14. If you have any questions or comments, please contact FE at the following address: kamila.debicka@forever-entertainment.com
IMPORTANT - this End User License Agreement ("EULA") is an agreement between User (a natural or legal person) and FOREVER ENTERTAINMENT S.A., a company registered in Poland entered in the register of entrepreneurs conducted by the District Court Gdańsk-North in Gdańsk, VIII Commercial Division of the National Court Register, as KRS number: 0000365951, share capital of 10 880 000 PLN paid in full, Tax Identification Number (NIP): 5833112205, Statistical number (REGON) 221122120 with its registered office at al. Zwycięstwa 96/98, 81-451 Gdynia, Poland („FE”) governing the use of the game "HOLLOW" ("GAME").
EULA governs mutual rights and obligations of the User and FE.
User agrees to the terms of this EULA by clicking the "I agree" button.
If User does not agree to the following terms, User may not use the GAME.
If User is less than 18 years old, the terms of this EULA should be accepted by Users parents or legal guardians.
FE declares that it is a developer and publisher of the GAME and that it has the right to enter into this EULA.
1. FE grants to User a limited, non-exclusive, non-transferable, personal, revocable, worldwide license ("LICENCE") for downloading and / or installing, using the GAME solely for Users personal and non-commercial purposes and in accordance with applicable law.
Under this EULA User is not allowed, independently or by authorizing any other person, to: (a) use or exploit the GAME in any other manner for purposes other than those described above; (b) license or sublicense, distribute, rent, lease, transfer or otherwise dispose the GAME; (c) copy, hack, reverse engineer, decompile or disassemble the GAME or its components, obtain source code, unless such action is expressly permitted by applicable law, despite this limitation, (d) create any derivative works based on the GAME; (e) remove, alter or hide any information on copyright or other proprietary rights in the GAME.
The LICENCE is granted for the duration of this EULA.
2. To Use the GAME the User is required to have a device meeting the system requirements for GAME, software and access to the Internet.
3. Under this EULA User acknowledges and gives his consent for updating, modifying or altering the GAME, as well as providing of additional content to the GAME.
4. The GAME and all elements that make up the GAME are the sole property of FE or FE is licensed to exploit them. GAME and all elements that make up the GAME are protected by copyright and other intellectual property rights. FE retains all rights, title, in particular copyright and intellectual property rights.
5. The User shall bear all costs associated with accessing and using the GAME. User acknowledges that FE will not be obliged to provide you with any services, except those expressly stated in this EULA, including FE shall not be obliged to provide User with any support for your use of or access to the GAME.
6. The GAME may contain materials and/or elements owned by other persons or entities.
GAME 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. FE, 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, FE, Epic, and Epic’s affiliates make no warranty that (1) any of the Epic Materials will operate properly, including as integrated in the GAME, (2) that the Epic Materials will meet your requirements, (3) that the operation of the Epic Materials will be uninterrupted, bug free, or error free in any or all circumstances, (4) that any defects in the Epic Materials can or will be corrected, (5) that the Epic Materials are or will be in compliance with a platform manufacturer’s rules or requirements, or (6) 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 FE and Epic. FE, 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 FE, Epic, Epic’s licensors, nor its or their affiliates, nor any of FE’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 EULA, 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 FE, Epic, Epic’s licensors, nor its or their affiliates, nor any of FE’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 EULA or the Epic Materials, or the delay or inability to use or lack of functionality of the Epic Materials, even in the event of FE’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 FE, 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 FE, Epic, Epic’s licensors, its and their affiliates, and any of FE’s or Epic’s service providers shall be limited to the full extent permitted by law.
7. Under this EULA User acknowledges and gives his consent to provide the GAME "as it is" and with all its defects. FE and its licensors hereby exclude any other warranties, whether express, implied or statutory, arising out of the law or otherwise. FE does not warrant that the GAME will be free from defects, malfunctions, errors, viruses or other defects.
8. Neither FE nor its licensors shall be held liable for contractual, tort (including negligence), objective or any other damages or any other type of liability (including, but not limited to, loss of data, information) arising out of usage or inability to use of the GAME, even if FE has been advised on the possibility of such damages.
The liability of FE and its licensors for the use or inability to use of the GAME or arising out of any other reasons, under this EULA or in connection with this EULA or in connection with GAME, shall be limited to the amount actually paid by the User for the GAME, irrespective of: the amount of damage suffered, the base of liability (contractual, tort [including negligence], objective or any other).
Any further liability of FE is excluded to the fullest extent permitted by applicable law.
In some jurisdictions, the disclaimer or limitation of liability for damages is not admissible. In this case, the above disclaimer and limitation may not apply to User. User may stop using the GAME if User does not give his consent to the above.
9. EULA comes into force on the day the User accepts the content and will remain in effect until the date of termination.
FE reserves the right to terminate this EULA with the immediate effect on notice in the event of a breach by the User of the terms and conditions set forth in this EULA
The user may terminate the EULA at any time by uninstalling the GAME and deleting the GAME files from the User's devices.
Termination of the EULA results in the loss of all rights and licenses granted to User under this EULA.
Termination of this EULA does not effect in any waiver of the rights arising from breach of the EULA nor will release or disclaim User from liability for any breach of Users obligations under this EULA. FE shall not be held liable for any damages arising from termination of this EULA in accordance with its terms.
The provisions of points 4, 6, 7, 8, 9, 11, 12, 13 will remain in effect after the termination of this EULA, for the longest period allowed by the applicable law.
10. FE reserves the right to amend this EULA at FE sole discretion. The latest version of this EULA will be available on the FE’s website (http://forever-entertainment.com/en.hollow-eula.html) User acknowledge that each time he uses the GAME, User will ensure if there are amendments to this EULA. If User are unable to accept any amendments to this EULA and as a result User will not be able to comply with the terms and conditions of this EULA, User may terminate this EULA in accordance with the termination provisions mentioned above. Downloading and/or installing and/or further using by the User of any updates or modifications to the GAME, or continuing to use the GAME after amendments to this EULA, signifies acceptance by the User of any and all such amendments to this EULA.
11. This EULA and all disputes (contract or non-contractual) arising from this EULA are governed by the Polish law and will be settled by the Polish court competent for the place of the registered office of the FE. The provisions of this EULA do not limit, exclude or infringe consumer rights in accordance with applicable law.
12. If any provision of this EULA is found to be invalid, unlawful or unenforceable, the remaining provisions of the EULA shall remain in full force and effect.
13. Failure to exercise any right by FE or User does not constitute a waiver of such right.
14. If you have any questions or comments, please contact FE at the following address: kamila.debicka@forever-entertainment.com