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SOLASTA: CROWN OF THE MAGISTER END-USER LICENCE AGREEMENT
[VERSION 14 04 2022]
BY DOWNLOADING AND INSTALLING THIS SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS END-USER LICENCE AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT INSTALL OR USE THIS SOFTWARE, IF YOU ALREADY INSTALLED THE SOFTWARE, DESTROY IT AND ALL RELATED DOCUMENTATION.
IMPORTANT - READ CAREFULLY: Tactical Adventures, a French joint stock company registered before the Paris Companies and Commerce Register under number 841 226 319 which has its head office 20 rue Sainte Croix de la Bretonnerie 75004 Paris (“the LICENSOR” or “WE”) publishes this purchasable Solasta: Crown of the Magister video game. You need to be either an individual older than 13 of age or a single entity (“the LICENSEE” or “YOU”) to download, install and use the game. In order to install and use the game, the LICENSEE consents to be bound by and to become a party to the Solasta: Crown Of The Magister End-User License Agreement ("EULA") which is the legal agreement between the LICENSEE and the LICENSOR for the fee based downloading and use of the game that includes: computer software, programs, its code, objects including their API's, as well as any images, models, templates, animations, video, audio, music, text, and "plugins" incorporated into the game and online or electronic documentation relating to the game (all together the “SOFTWARE”).
By downloading, installing or otherwise using the SOFTWARE, the LICENSEE agrees to become a party to and to be bound by the terms of this EULA. If the LICENSEE does not agree to the terms of this EULA, the LICENSEE shall not install or use the SOFTWARE or must destroy the SOFTWARE and any copies thereof.
1. GRANT OF A LIMITED USER LICENSE
In consideration for the payment by the LICENSEE of the purchase price of the SOFTWARE and provided that the LICENSEE complies with all the terms of the EULA, the LICENSOR grants to the LICENSEE a limited non-exclusive and non-transferable license to use the SOFTWARE.
If the LICENSOR releases and distributes Solasta: Crown of the Magister video game subsequent versions, the LICENSOR shall freely and at any time, alter prices, features, licensing terms, or other characteristics of the commercial release, what the LICENSEE expressly accepts. As a consequence, the LICENSEE acknowledges that this EULA might not be applicable to subsequent versions of the SOFTWARE.
2. RIGHTS AND LIMITATIONS
The SOFTWARE is downloadable on PC requiring a version Window 7 or above.
The LICENSEE shall use the SOFTWARE for personal and non-commercial use and in accordance with its destination, the documentation and the terms and conditions of this EULA.
The LICENSEE shall not:
- Use in part or in whole the SOFTWARE for commercial purpose by any means,
- Display, distribute, sell, rent, loan or make available the SOFTWARE to a third party, on any basis and for any reason,
- Remove any copyright, trademark, proprietary rights, disclaimer or warning notice included on or embedded in any part of the SOFTWARE,
- Reverse engineer, decompile, disassemble, translate, adapt, arrange or modify the SOFTWARE, except as permitted by applicable law and to the extent that the LICENSOR is not permitted by such applicable law to exclude or limit such rights, the source code underlying the SOFTWARE constituting a trade secret,
- Make more copies of the SOFTWARE than allowed by applicable law,
- Grant sub-licenses, or otherwise transfer rights, either directly or indirectly, in part or in whole to the SOFTWARE.
- Infringe any third party rights such as, but not limited to, third party intellectual property rights while using the Dungeon Maker tool. In this respect, if the LICENSOR considers that a LICENSEE’s dungeon infringes any third party right because of its description or name, or verbal content, the dungeon will not be validated and will not be playable or sharable.
- Cheat, i.e. create, use, promote or make available methods not expressly authorized by LICENSOR, the purpose of which is to distort fairness among players, facilitate play and give himself or any other user an advantage over other players not using such methods;
- Engage in a conduct intended to disrupt or diminish the gaming experience of other players or disrupt the operation of the LICENSOR’S Platform in any way;
- Use any software or program that is intended to and/or causes damage, detrimentally interfere with, surreptitiously intercept or exploit any system, data or personal information, such as spamming, hacking, uploading computer viruses, Trojan horses, cancelbots, spyware, etc. ;
- Impersonate anyone or act in a manner that creates an impression of LICENSEE’S connection with LICENSOR or impression that LICENSEE acts on behalf of LICENSOR.
- Violate any rule of the game, law or regulation,
In the event of LICENSEE’S failure to comply with any of these prohibitions, LICENSOR may apply sanctions, such as removing any inappropriate content, suspending LICENSEE’S account, or taking further disciplinary action, including termination of the Account, for repeated violations.
3. PROPERTY RIGHTS
This EULA does not grant YOU or anybody any ownership in the SOFTWARE nor operates any transfer of ownership, on whatever basis.
Thus, the LICENSOR remains the sole owner of all rights, titles and interests in and to the SOFTWARE and of any copy of the SOFTWARE made by the LICENSEE within the limits allowed by Law.
The SOFTWARE is protected by copyright laws, trade secrets, other laws and international treaty provisions. Therefore, the LICENSEE must treat and protect the SOFTWARE like any other protected material by such legal provisions.
By using the Character Creation tool, the LICENSEE can create as many characters as he/she wishes, choosing from a wide range of options proposed by the LICENSOR. The said characters being created using a SOFTWARE owned by the LICENSOR and without any creative freedom from the LICENSEE, the LICENSEE has no right whatsoever thereon.
By using the Dungeon Maker tool, the LICENSEE can create many different dungeons by choosing from a wide range of gadgets, props and options proposed by the LICENSOR. The said dungeons and mega-dungeons being created using a SOFTWARE owned by the LICENSOR and without any creative freedom from the LICENSEE, excepted regarding their description, name or verbal content, the LICENSEE has no right whatsoever thereon, excepted regarding their description, name or verbal content.
4. COLLECTION OF DATA
The LICENSOR is very careful with the LICENSEE privacy and will not collect any personal data during the purchase, the downloading, the installation or the use of the SOFTWARE. While the LICENSEE is using the SOFTWARE, the LICENSOR will however collect the following game data for game improvement and marketing purposes only:
- the player’s progress through the SOFTWARE,
- the GameOvers,
- the visibility of the end Marketing screen and the buttons that are clicked on.
Even though these data are not personal data because they will not be linked to any identified natural person nor any identifiable natural person, be sure that WE will only use them for the purposes indicated above and will not transfer them to any third party.
Please also note that (i) other data will be collected by UNITY, a third party’s analytics tool but the LICENSEE has the possibility to opt-out to the data collection by UNITY before using the SOFTWARE and that (ii) WE suggest YOU to subscribe to OUR newsletter on OUR website, if YOU do so, YOU will be under the data privacy policy of the said website, that WE recommend YOU to read carefully.
5. TERMINATION OF THE EULA
The EULA will remain in force until termination. The LICENSEE can terminate the EULA at any time by deleting and/or uninstalling the SOFTWARE and every copy.
6. DISCLAIMERS AND LIMITATION OF LIABILITY
THE LICENSOR MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES WHATSOEVER REGARDING SOFTWARE’S USE, PERFORMANCE, CONFORMITY, RELIABILITY OR SECURITY. BY WAY OF EXAMPLE, BUT NOT OF LIMITATION, THE LICENSOR MAKES NO REPRESENTATIONS OR WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.
THE LICENSEE ACKNOWLEDGES THAT THE SOFTWARE IS DELIVERED ON AN "AS IS" BASIS AND THAT THE USE OF THE SOFTWARE IS AT THE LICENSEE SOLE RISK. BY WAY OF EXAMPLE, BUT NOT OF LIMITATION, THE LICENSOR DOES NOT WARRANT THAT THE SOFTWARE WILL BE ININTERRUPTED OR THAT IT WILL BE DEFECTS FREE.
THE LICENSEE ALSO AGREES THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE LICENSOR BE LIABLE FOR (i) ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EITHER FORCEABLE OR NOT, ARISING OUT OF OR RELATED TO THE SOFTWARE, SUCH AS, BUT NOT LIMITED TO, LOSS OF DATA, LOSS OF SALES, LOSS OF PROFITS, LOSS OF CLIENTS, INCREASE IN THE COSTS AND CHARGES OR EXEMPLARY OR PUNITIVE DAMAGES, WHETHER OR NOT FORESEEABLE AND EVEN IF THE LICENSOR IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (ii) ANY OTHER CLAIM, DEMAND OR DAMAGES WHATSOEVER RESULTING FROM OR RELATED TO THE EULA OR THE DOWNLOAD, USE, PERFORMANCE, RELIABILITY OR SECURITY OF THE SOFTWARE OR (iii) FOR ANY LOSSES AND DAMAGES RESULTING FROM LICENSEE’S ACTIONS OR BREACH OF THE AGREEMENT OR ARISING AS A RESULT OF A THIRD PARTY’S, INCLUDING ANOTHER USER OF THE SOFTWARE, ACT BEYOND LICENSOR’S CONTROL.
7. INDEMNIFICATION
LICENSEE agrees to indemnify, defend and hold harmless from any and all liability and costs (including, but not limited to, attorneys' fees and costs), incurred in connection with any claim arising out of any breach of the Agreement by LICENSEE.
LICENSEE shall cooperate as reasonably required in the defense of any claim. LICENSOR reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by LICENSEE, and LICENSEE shall not settle any matter without the written consent of LICENSOR.
8. WORLWIDE USE AND APPLICABLE LAW.
The SOFTWARE might be accessible worldwide but WE make no representation that it is appropriate or available for use in YOUR country nor that the SOFTWARE can be accessible from YOUR country (for example if its content is prohibited by YOUR local laws). If YOU do access to the SOFTWARE in a country where its content is prohibited or limited, YOU do so on YOUR own initiative and responsibility.
This SOFTWARE shall be governed by French law unless the LICENSEE acquired the SOFTWARE outside France and the mandatories provisions of the laws of the country the LICENSEE lives in are more favorable (cumulative conditions).
[VERSION 14 04 2022]
BY DOWNLOADING AND INSTALLING THIS SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS END-USER LICENCE AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT INSTALL OR USE THIS SOFTWARE, IF YOU ALREADY INSTALLED THE SOFTWARE, DESTROY IT AND ALL RELATED DOCUMENTATION.
IMPORTANT - READ CAREFULLY: Tactical Adventures, a French joint stock company registered before the Paris Companies and Commerce Register under number 841 226 319 which has its head office 20 rue Sainte Croix de la Bretonnerie 75004 Paris (“the LICENSOR” or “WE”) publishes this purchasable Solasta: Crown of the Magister video game. You need to be either an individual older than 13 of age or a single entity (“the LICENSEE” or “YOU”) to download, install and use the game. In order to install and use the game, the LICENSEE consents to be bound by and to become a party to the Solasta: Crown Of The Magister End-User License Agreement ("EULA") which is the legal agreement between the LICENSEE and the LICENSOR for the fee based downloading and use of the game that includes: computer software, programs, its code, objects including their API's, as well as any images, models, templates, animations, video, audio, music, text, and "plugins" incorporated into the game and online or electronic documentation relating to the game (all together the “SOFTWARE”).
By downloading, installing or otherwise using the SOFTWARE, the LICENSEE agrees to become a party to and to be bound by the terms of this EULA. If the LICENSEE does not agree to the terms of this EULA, the LICENSEE shall not install or use the SOFTWARE or must destroy the SOFTWARE and any copies thereof.
1. GRANT OF A LIMITED USER LICENSE
In consideration for the payment by the LICENSEE of the purchase price of the SOFTWARE and provided that the LICENSEE complies with all the terms of the EULA, the LICENSOR grants to the LICENSEE a limited non-exclusive and non-transferable license to use the SOFTWARE.
If the LICENSOR releases and distributes Solasta: Crown of the Magister video game subsequent versions, the LICENSOR shall freely and at any time, alter prices, features, licensing terms, or other characteristics of the commercial release, what the LICENSEE expressly accepts. As a consequence, the LICENSEE acknowledges that this EULA might not be applicable to subsequent versions of the SOFTWARE.
2. RIGHTS AND LIMITATIONS
The SOFTWARE is downloadable on PC requiring a version Window 7 or above.
The LICENSEE shall use the SOFTWARE for personal and non-commercial use and in accordance with its destination, the documentation and the terms and conditions of this EULA.
The LICENSEE shall not:
- Use in part or in whole the SOFTWARE for commercial purpose by any means,
- Display, distribute, sell, rent, loan or make available the SOFTWARE to a third party, on any basis and for any reason,
- Remove any copyright, trademark, proprietary rights, disclaimer or warning notice included on or embedded in any part of the SOFTWARE,
- Reverse engineer, decompile, disassemble, translate, adapt, arrange or modify the SOFTWARE, except as permitted by applicable law and to the extent that the LICENSOR is not permitted by such applicable law to exclude or limit such rights, the source code underlying the SOFTWARE constituting a trade secret,
- Make more copies of the SOFTWARE than allowed by applicable law,
- Grant sub-licenses, or otherwise transfer rights, either directly or indirectly, in part or in whole to the SOFTWARE.
- Infringe any third party rights such as, but not limited to, third party intellectual property rights while using the Dungeon Maker tool. In this respect, if the LICENSOR considers that a LICENSEE’s dungeon infringes any third party right because of its description or name, or verbal content, the dungeon will not be validated and will not be playable or sharable.
- Cheat, i.e. create, use, promote or make available methods not expressly authorized by LICENSOR, the purpose of which is to distort fairness among players, facilitate play and give himself or any other user an advantage over other players not using such methods;
- Engage in a conduct intended to disrupt or diminish the gaming experience of other players or disrupt the operation of the LICENSOR’S Platform in any way;
- Use any software or program that is intended to and/or causes damage, detrimentally interfere with, surreptitiously intercept or exploit any system, data or personal information, such as spamming, hacking, uploading computer viruses, Trojan horses, cancelbots, spyware, etc. ;
- Impersonate anyone or act in a manner that creates an impression of LICENSEE’S connection with LICENSOR or impression that LICENSEE acts on behalf of LICENSOR.
- Violate any rule of the game, law or regulation,
In the event of LICENSEE’S failure to comply with any of these prohibitions, LICENSOR may apply sanctions, such as removing any inappropriate content, suspending LICENSEE’S account, or taking further disciplinary action, including termination of the Account, for repeated violations.
3. PROPERTY RIGHTS
This EULA does not grant YOU or anybody any ownership in the SOFTWARE nor operates any transfer of ownership, on whatever basis.
Thus, the LICENSOR remains the sole owner of all rights, titles and interests in and to the SOFTWARE and of any copy of the SOFTWARE made by the LICENSEE within the limits allowed by Law.
The SOFTWARE is protected by copyright laws, trade secrets, other laws and international treaty provisions. Therefore, the LICENSEE must treat and protect the SOFTWARE like any other protected material by such legal provisions.
By using the Character Creation tool, the LICENSEE can create as many characters as he/she wishes, choosing from a wide range of options proposed by the LICENSOR. The said characters being created using a SOFTWARE owned by the LICENSOR and without any creative freedom from the LICENSEE, the LICENSEE has no right whatsoever thereon.
By using the Dungeon Maker tool, the LICENSEE can create many different dungeons by choosing from a wide range of gadgets, props and options proposed by the LICENSOR. The said dungeons and mega-dungeons being created using a SOFTWARE owned by the LICENSOR and without any creative freedom from the LICENSEE, excepted regarding their description, name or verbal content, the LICENSEE has no right whatsoever thereon, excepted regarding their description, name or verbal content.
4. COLLECTION OF DATA
The LICENSOR is very careful with the LICENSEE privacy and will not collect any personal data during the purchase, the downloading, the installation or the use of the SOFTWARE. While the LICENSEE is using the SOFTWARE, the LICENSOR will however collect the following game data for game improvement and marketing purposes only:
- the player’s progress through the SOFTWARE,
- the GameOvers,
- the visibility of the end Marketing screen and the buttons that are clicked on.
Even though these data are not personal data because they will not be linked to any identified natural person nor any identifiable natural person, be sure that WE will only use them for the purposes indicated above and will not transfer them to any third party.
Please also note that (i) other data will be collected by UNITY, a third party’s analytics tool but the LICENSEE has the possibility to opt-out to the data collection by UNITY before using the SOFTWARE and that (ii) WE suggest YOU to subscribe to OUR newsletter on OUR website, if YOU do so, YOU will be under the data privacy policy of the said website, that WE recommend YOU to read carefully.
5. TERMINATION OF THE EULA
The EULA will remain in force until termination. The LICENSEE can terminate the EULA at any time by deleting and/or uninstalling the SOFTWARE and every copy.
6. DISCLAIMERS AND LIMITATION OF LIABILITY
THE LICENSOR MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES WHATSOEVER REGARDING SOFTWARE’S USE, PERFORMANCE, CONFORMITY, RELIABILITY OR SECURITY. BY WAY OF EXAMPLE, BUT NOT OF LIMITATION, THE LICENSOR MAKES NO REPRESENTATIONS OR WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.
THE LICENSEE ACKNOWLEDGES THAT THE SOFTWARE IS DELIVERED ON AN "AS IS" BASIS AND THAT THE USE OF THE SOFTWARE IS AT THE LICENSEE SOLE RISK. BY WAY OF EXAMPLE, BUT NOT OF LIMITATION, THE LICENSOR DOES NOT WARRANT THAT THE SOFTWARE WILL BE ININTERRUPTED OR THAT IT WILL BE DEFECTS FREE.
THE LICENSEE ALSO AGREES THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE LICENSOR BE LIABLE FOR (i) ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EITHER FORCEABLE OR NOT, ARISING OUT OF OR RELATED TO THE SOFTWARE, SUCH AS, BUT NOT LIMITED TO, LOSS OF DATA, LOSS OF SALES, LOSS OF PROFITS, LOSS OF CLIENTS, INCREASE IN THE COSTS AND CHARGES OR EXEMPLARY OR PUNITIVE DAMAGES, WHETHER OR NOT FORESEEABLE AND EVEN IF THE LICENSOR IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (ii) ANY OTHER CLAIM, DEMAND OR DAMAGES WHATSOEVER RESULTING FROM OR RELATED TO THE EULA OR THE DOWNLOAD, USE, PERFORMANCE, RELIABILITY OR SECURITY OF THE SOFTWARE OR (iii) FOR ANY LOSSES AND DAMAGES RESULTING FROM LICENSEE’S ACTIONS OR BREACH OF THE AGREEMENT OR ARISING AS A RESULT OF A THIRD PARTY’S, INCLUDING ANOTHER USER OF THE SOFTWARE, ACT BEYOND LICENSOR’S CONTROL.
7. INDEMNIFICATION
LICENSEE agrees to indemnify, defend and hold harmless from any and all liability and costs (including, but not limited to, attorneys' fees and costs), incurred in connection with any claim arising out of any breach of the Agreement by LICENSEE.
LICENSEE shall cooperate as reasonably required in the defense of any claim. LICENSOR reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by LICENSEE, and LICENSEE shall not settle any matter without the written consent of LICENSOR.
8. WORLWIDE USE AND APPLICABLE LAW.
The SOFTWARE might be accessible worldwide but WE make no representation that it is appropriate or available for use in YOUR country nor that the SOFTWARE can be accessible from YOUR country (for example if its content is prohibited by YOUR local laws). If YOU do access to the SOFTWARE in a country where its content is prohibited or limited, YOU do so on YOUR own initiative and responsibility.
This SOFTWARE shall be governed by French law unless the LICENSEE acquired the SOFTWARE outside France and the mandatories provisions of the laws of the country the LICENSEE lives in are more favorable (cumulative conditions).