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THIS IS AN IMPORTANT AGREEMENT THAT APPLIES TO YOUR USE OF STARSHIP TROOPERS: EXTERMINATION. PLEASE SCROLL DOWN. If you are under the age of 18, STOP! You must get your parent or legal guardian to read and accept the below terms and conditions.
STARSHIP TROOPERS: EXTERMINATION END USER LICENSE AGREEMENT
IMPORTANT – PLEASE READ CAREFULLY THIS EULA BEFORE INSTALLING THE GAME: this end user license agreement (the “EULA”) is a legal and binding agreement between you, the end user (“you” and “your”) and Offworld Industries Ltd. ("OWI" or "we" or "us" or "our") and provides important information about your access to and use of the Video Game known as “STARSHIP TROOPERS: EXTERMINATION“ (the “Game”). By CLICKING ON THE “AGREE” BUTTON by first installing the Game in any manner, you represent that you are 18 years of age or older (or the age of majority where you live) and you agree to be bound by the terms and conditions herein. IF YOU DO NOT AGREE TO ANY TERM OF THIS EULA, DO NOT PLAY THE GAME.
Your use of the Game is governed by the terms of this Agreement. The Game is distributed solely for use by authorized end users according to the terms of this EULA. Any use, reproduction or redistribution of the Game not expressly authorized by the terms of this EULA is expressly prohibited.
1. GRANT OF LIMITED USE LICENSE
OWI grants to you a limited, non-exclusive and non-transferable license to install and use the Game for purposes of playing the Game for your personal use only. You agree that you cannot: (a) distribute, transfer, sell, lease, sublicense, assign or otherwise make available, directly or indirectly, the Game, in part or in whole; (b) copy, reproduce, modify, adapt, translate, reverse engineer, derive source code, disassemble, decompile or create derivative works from the Game except as expressly authorized pursuant to this EULA; (c) use the Game for any commercial or other purpose other than non-commercial recreational use by you; or (d) remove any copyright or other proprietary notices from the Game or any copies thereof.
You acknowledge that you will not use the Game in any way or for any purpose that is unlawful or prohibited by the terms of this EULA. OWI reserves the right to terminate your access to the Game at any time if you do not abide by these conditions.
Any rights not specifically transferred by this EULA remain the property of Offworld Industries Ltd. The Game is licensed and not sold to you, for private use. The EULA does not confer any right or title to the Game and cannot be understood as a transfer of intellectual property rights to the Game.
2. TERMS OF USE
The use of the Game is subject to you creating an account with Steam and your acceptance of the Steam Subscriber Agreement and the related terms such as Steam Privacy Policy Agreement, which may be updated or modified by Valve Corporation at any time (“Steam Rules”). The Steam Subscriber Agreement, which can be viewed by visiting the following link: https://steamproxy.net/steamstore/subscriber_agreement/ (last visited; January 18. 2023) also governs the terms of your use of the Game.
THE GAME IS PROTECTED BY A UNIQUE AND PERSONAL KEY CODE PROVIDED BY OWI TO THE USER (“KEY CODE”). YOU HEREBY AGREES, ACKNOWLEDGES AND CONSENTS TO THE FOLLOWING REGARDING THE KEY CODE AND THE USE OF THE GAME: A PERMANENT ONLINE CONNECTION AND A STEAM ACCOUNT ARE REQUIRED TO USE THE GAME AT ALL TIMES. YOU SHALL BEAR THE COSTS OF THE INTERNET CONNECTION AND MAY CONTACT YOUR INTERNET ACCESS PROVIDER FOR DETAILS. FOR FURTHER INFORMATION AND THE CREATION OF A STEAM ACCOUNT, PLEASE VISIT THE STEAM WEBSITE AT https://steamproxy.net/steamstore/.
If you do not agree to be bound by the Steam Subscriber Agreement, OWI is unwilling to provide you with a license to use the Game. In that event, immediately stop using the Game.
In accordance with Steam Rules, you agree not to do any of the following while using the Game, including any chats and other communication features embedded into the Games:
3. OWNERSHIP
The Game and its components, in particular the titles, computer codes, themes, characters, character names, plots, stories, dialogues, places, concepts, images, photographs, animation, videos, music and text contained in the Game, are protected by copyright under Canadian, United States, foreign laws and international treaties. Unauthorized use of the Game may violate copyright, trademark and other laws. All rights, title and interest in and to the Game are owned by OWI or its licensors. You shall use your best efforts to prevent any illegal use of the Game by you or any other person, including protecting all usernames and passwords. You do hereby accept full responsibility for the misuse of any password that has been given to you in order to use the Game and which was obtained from you or as a result of your negligence or carelessness. You shall not publish the password provided to you and you shall ensure that it is not published in any publications that can be accessed by the public at large.
4. TERMINATION OF EULA
This EULA is effective from the moment you first use the Game until it is terminated. This EULA is terminated automatically by OWI if you fail to comply with the terms and conditions of this EULA. Any and all use of the Game by you following termination of this Agreement is prohibited and may result in fees and charges being levied against you and you must permanently destroy any copy of the Game in your possession or control.
5. LIMITED WARRANTY AND LIMITATION OF LIABILITY
OWI ASSUMES NO RESPONSIBILITY FOR THE SELECTION OF THE GAME TO ACHIEVE ANY INTENDED PURPOSE, FOR THE PROPER USE OF GAME OR FOR THE RESULTS OBTAINED FROM USE OF THE GAME. OWI LICENSES THE GAME, INCLUDING USE OF THE GAME, “AS IS.” OWI MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND EXPRESSLY DISCLAIMS AND NEGATES ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FURTHER, OWI DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS OR RELIABILITY OF THE USE OF THE GAME OR OTHERWISE RELATING TO THE GAME OR ANY MATERIAL ON ANY WEBSITES LINKED TO THE GAME. OWI DOES NOT WARRANT THAT THE GAME WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE OR THAT THE GAME AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE GAME RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, OWI IS NOT RESPONSIBLE FOR THESE COSTS.
IN NO EVENT WILL OWI, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUB-CONTRACTORS OR THIRD-PARTY SUPPLIERS, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES WHATSOEVER RESULTING FROM LOST DATA OR THE MISUSE OF DATA OR PERSONAL INFORMATION, HOWEVER ARISING, WHETHER FOR BREACH OF CONTRACT OR TORT, INCLUDING NEGLIGENCE, INCURRED BY YOU OR ANY THIRD PARTY, IN ANY CASE, REGARDLESS OF WHETHER OWI OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUB-CONTRACTORS OR THIRD-PARTY SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU AGREE THAT, IN ANY EVENT, THE MAXIMUM AGGREGATE LIABILITY OF OWI, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUB-CONTRACTORS AND THIRD-PARTY SUPPLIERS UNDER THIS AGREEMENT, OR OTHERWISE IN RESPECT OF THE SUBJECT MATTER OF THIS AGREEMENT, FOR DAMAGES, REGARDLESS OF FORM OF ACTION, WILL BE EQUAL TO CDN $100.00.
OWI is not responsible or liable in any manner for any content posted on the Game or in connection with the Game. OWI does not control and is not responsible for what users post, transmit or share on the Game and is not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable user provided content you may encounter on the Game. OWI is not responsible for the conduct, whether online or offline, of any user of the Game.
The provisions of this article will apply to the maximum extent permitted by law. Because some jurisdictions do not allow limitations on implied warranties or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
6. USER CREATED CONTENT
The Game may allow you to create content, including but not limited to a gameplay map, screenshot or a video of your game play. In exchange for use of the Game, and to the extent that your contributions through use of the Game give rise to any copyright interest, you hereby grant OWI an exclusive, perpetual, irrevocable, fully transferable and sub-licensable worldwide right and license to use your contributions in any way and for any purpose in connection with the Game and related goods and services, including the rights to reproduce, copy, adapt, modify, perform, display, publish, broadcast, transmit, or otherwise communicate to the public by any means whether now known or unknown and distribute your contributions without any further notice or compensation to you of any kind for the whole duration of protection granted to intellectual property rights by applicable laws and international conventions. You hereby waive any moral rights of paternity, publication, reputation, or attribution with respect to our and other players’ use and enjoyment of such assets in connection with the Game and related goods and services under applicable law. This license grant to OWI, and the above waiver of any applicable moral rights, survives any termination of this EULA.
7. INDEMNIFICATION
You hereby agree to defend, indemnify and hold harmless OWI, its shareholders, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, distributors, successors and assigns and other users of the Game, from all damages, liabilities, claims and expenses, including without limitation attorneys’ fees and costs, arising from any breach of this Agreement by you, or from your use of the Game. You agree to defend, indemnify and hold harmless OWI, its shareholders, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, and distributors, successors and assigns from all damages, liabilities, claims and expenses, including without limitation attorneys’ fees and costs, arising from any claims by third parties that your activities on the Game infringe and third party rights.
9. INFORMATION COLLECTION AND USAGE
By installing and using the Game, you consent to these information collection and usage terms. If you connect to the Internet when using the Game, either through a gaming platform network, or any other method, we may receive information from hardware manufacturers or gaming platform hosts and may automatically collect certain information from your computer or gaming unit. This information may include, but is not limited to, user IDs (such as gamer tags and screen names), game scores, game statistics, game achievements, game performance, locations visited, friends lists, hardware MAC address, internet protocol address, and your usage of various game features. All information collected by OWI is intended to be anonymous information that does not disclose your identity or constitute personal information, however, if you include personal information (such as your real name) in your user ID, then such personal information will automatically be transmitted to us and used as described herein.
The information collected by us may be posted by our on publicly-accessible web sites, shared with hardware manufacturers, shared with platform hosts, shared with our marketing partners or used by us for any other lawful purpose. By using the Game you consent to our use of related data, including public display of your data such as identification of your user created content or displaying your scores, ranking, achievements and other gameplay data. If you do not want your information shared in this manner, then you should not use the Game.
10. MISCELLANEOUS
10.1 Changes. OWI reserves the right, at its sole discretion, to change, modify, add, or delete portions of this EULA at any time without further notice. In such a case, you will be prompted to review the revised EULA and accept it prior to using the Game. Your continued use of the Game after any such changes constitutes your acceptance of the revised EULA. If you do not agree to abide by any such revised EULA, do not use or access the Game.
10.2 Export Controls. The Game is subject to all applicable export restrictions. You must comply with all export and import laws and restrictions and regulations of any Canadian and foreign agency or authority relating to the Game and Your use of the Game.
10.3 Feedback. In the event that you upload or otherwise transmit to OWI any concepts, ideas, or feedback relating to the Game, you shall not be entitled to any compensation for any such submission, unless expressly agreed between you and OWI, and OWI may freely use any such submission in any manner it deems appropriate. Any such submission by you shall not create any contractual relationship between you and OWI.
10.4 Severance. If any court of competent jurisdiction or competent authority finds that any provision of this EULA is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of this EULA shall not be affected. If any invalid, unenforceable or illegal provision of this EULA would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable to reflect OWI’s initial intentions.
10.5 No Waiver. No failure or delay by OWI (or its licensors) to exercise any right or remedy provided under this EULA or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy. Waiver of a right or remedy may be considered to have taken place only after signing of a written statement to this effect by OWI or by you.
10.6 Law and Jurisdiction. To the fullest extent permitted by applicable law, this Agreement shall be governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein. Any actions at law or in equity arising out of or in relation to this Agreement may be filed only in courts located in the City of Vancouver, British Columbia, Canada and you hereby consent and submit to the personal jurisdiction of such courts.
10.7 Entire Agreement. This EULA sets forth the entire understanding and agreement between you and OWI with respect to the subject matter hereof. The section headings used herein, including descriptive headings, are for convenience only and shall not affect the interpretation of this EULA.
For any question concerning this EULA, you may contact Offworld Industries at the following address: admin@offworldindustries.com.
THIS EULA IS APPLICABLE ONLY TO THE EXTENT AUTHORISED BY LAW.
YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS EULA AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CLICKING ON THE "I UNDERSTAND AND AGREE" BUTTON AND/OR CONTINUING TO INSTALL OR USE THE SOFTWARE, YOU EXPRESSLY AND IRREVOCABLY CONSENT TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH IN THIS EULA.
Dated: March 27, 2023
STARSHIP TROOPERS: EXTERMINATION END USER LICENSE AGREEMENT
IMPORTANT – PLEASE READ CAREFULLY THIS EULA BEFORE INSTALLING THE GAME: this end user license agreement (the “EULA”) is a legal and binding agreement between you, the end user (“you” and “your”) and Offworld Industries Ltd. ("OWI" or "we" or "us" or "our") and provides important information about your access to and use of the Video Game known as “STARSHIP TROOPERS: EXTERMINATION“ (the “Game”). By CLICKING ON THE “AGREE” BUTTON by first installing the Game in any manner, you represent that you are 18 years of age or older (or the age of majority where you live) and you agree to be bound by the terms and conditions herein. IF YOU DO NOT AGREE TO ANY TERM OF THIS EULA, DO NOT PLAY THE GAME.
Your use of the Game is governed by the terms of this Agreement. The Game is distributed solely for use by authorized end users according to the terms of this EULA. Any use, reproduction or redistribution of the Game not expressly authorized by the terms of this EULA is expressly prohibited.
1. GRANT OF LIMITED USE LICENSE
OWI grants to you a limited, non-exclusive and non-transferable license to install and use the Game for purposes of playing the Game for your personal use only. You agree that you cannot: (a) distribute, transfer, sell, lease, sublicense, assign or otherwise make available, directly or indirectly, the Game, in part or in whole; (b) copy, reproduce, modify, adapt, translate, reverse engineer, derive source code, disassemble, decompile or create derivative works from the Game except as expressly authorized pursuant to this EULA; (c) use the Game for any commercial or other purpose other than non-commercial recreational use by you; or (d) remove any copyright or other proprietary notices from the Game or any copies thereof.
You acknowledge that you will not use the Game in any way or for any purpose that is unlawful or prohibited by the terms of this EULA. OWI reserves the right to terminate your access to the Game at any time if you do not abide by these conditions.
Any rights not specifically transferred by this EULA remain the property of Offworld Industries Ltd. The Game is licensed and not sold to you, for private use. The EULA does not confer any right or title to the Game and cannot be understood as a transfer of intellectual property rights to the Game.
2. TERMS OF USE
The use of the Game is subject to you creating an account with Steam and your acceptance of the Steam Subscriber Agreement and the related terms such as Steam Privacy Policy Agreement, which may be updated or modified by Valve Corporation at any time (“Steam Rules”). The Steam Subscriber Agreement, which can be viewed by visiting the following link: https://steamproxy.net/steamstore/subscriber_agreement/ (last visited; January 18. 2023) also governs the terms of your use of the Game.
THE GAME IS PROTECTED BY A UNIQUE AND PERSONAL KEY CODE PROVIDED BY OWI TO THE USER (“KEY CODE”). YOU HEREBY AGREES, ACKNOWLEDGES AND CONSENTS TO THE FOLLOWING REGARDING THE KEY CODE AND THE USE OF THE GAME: A PERMANENT ONLINE CONNECTION AND A STEAM ACCOUNT ARE REQUIRED TO USE THE GAME AT ALL TIMES. YOU SHALL BEAR THE COSTS OF THE INTERNET CONNECTION AND MAY CONTACT YOUR INTERNET ACCESS PROVIDER FOR DETAILS. FOR FURTHER INFORMATION AND THE CREATION OF A STEAM ACCOUNT, PLEASE VISIT THE STEAM WEBSITE AT https://steamproxy.net/steamstore/.
If you do not agree to be bound by the Steam Subscriber Agreement, OWI is unwilling to provide you with a license to use the Game. In that event, immediately stop using the Game.
In accordance with Steam Rules, you agree not to do any of the following while using the Game, including any chats and other communication features embedded into the Games:
- Upload, post, email or otherwise transmit to or via the Game any unsolicited or unauthorized advertising, or promotional materials, that are in the nature of junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation that OWI considers in its sole discretion to be of such nature;
- Upload, post, email or otherwise transmit to or via the Game any content that infringes or violates any third party rights, including without limitation all intellectual property rights, or that constitutes any other person’s proprietary information;
- Impersonate any person without their consent, including, but not limited to, an OWI employee, or falsely state or otherwise misrepresent your affiliation with any person;
- Upload, post, email or otherwise transmit to or via the Game any content that violates any law or regulation;
- Upload, post, email or otherwise transmit to or via the Game any content as determined by OWI at its sole discretion that is harmful, threatening, abusive, harassing, causes tort, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- Upload, post, email or otherwise transmit to or via the Game any content that contains any viruses, Trojan horses, worms, spyware, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
- Upload, post, email or otherwise transmit to or via the Game any content that would violate any right or duty under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Interfere with or disrupt the Game or servers or networks connected to the Game, or disobey any requirements, procedures, policies or regulations of networks connected to the Game;
- Stalk, abuse or attempt to abuse, or otherwise harass another user;
- Use cheats, automation software, hacks or any other unauthorized third-party software in or with the Game;
- Exploit errors or bugs in the Game which are not documented to gain access that would otherwise not be available or to obtain any competitive advantage; or
- Create or maintain, under any circumstance, any unauthorized connections to the Game; all connections to the Game may only be made through methods and means expressly approved by OWI; under no circumstances may you connect, or create tools that allow you or others to connect, to the Game other than those expressly provided by OWI for public use.
3. OWNERSHIP
The Game and its components, in particular the titles, computer codes, themes, characters, character names, plots, stories, dialogues, places, concepts, images, photographs, animation, videos, music and text contained in the Game, are protected by copyright under Canadian, United States, foreign laws and international treaties. Unauthorized use of the Game may violate copyright, trademark and other laws. All rights, title and interest in and to the Game are owned by OWI or its licensors. You shall use your best efforts to prevent any illegal use of the Game by you or any other person, including protecting all usernames and passwords. You do hereby accept full responsibility for the misuse of any password that has been given to you in order to use the Game and which was obtained from you or as a result of your negligence or carelessness. You shall not publish the password provided to you and you shall ensure that it is not published in any publications that can be accessed by the public at large.
4. TERMINATION OF EULA
This EULA is effective from the moment you first use the Game until it is terminated. This EULA is terminated automatically by OWI if you fail to comply with the terms and conditions of this EULA. Any and all use of the Game by you following termination of this Agreement is prohibited and may result in fees and charges being levied against you and you must permanently destroy any copy of the Game in your possession or control.
5. LIMITED WARRANTY AND LIMITATION OF LIABILITY
OWI ASSUMES NO RESPONSIBILITY FOR THE SELECTION OF THE GAME TO ACHIEVE ANY INTENDED PURPOSE, FOR THE PROPER USE OF GAME OR FOR THE RESULTS OBTAINED FROM USE OF THE GAME. OWI LICENSES THE GAME, INCLUDING USE OF THE GAME, “AS IS.” OWI MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND EXPRESSLY DISCLAIMS AND NEGATES ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FURTHER, OWI DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS OR RELIABILITY OF THE USE OF THE GAME OR OTHERWISE RELATING TO THE GAME OR ANY MATERIAL ON ANY WEBSITES LINKED TO THE GAME. OWI DOES NOT WARRANT THAT THE GAME WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE OR THAT THE GAME AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE GAME RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, OWI IS NOT RESPONSIBLE FOR THESE COSTS.
IN NO EVENT WILL OWI, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUB-CONTRACTORS OR THIRD-PARTY SUPPLIERS, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES WHATSOEVER RESULTING FROM LOST DATA OR THE MISUSE OF DATA OR PERSONAL INFORMATION, HOWEVER ARISING, WHETHER FOR BREACH OF CONTRACT OR TORT, INCLUDING NEGLIGENCE, INCURRED BY YOU OR ANY THIRD PARTY, IN ANY CASE, REGARDLESS OF WHETHER OWI OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUB-CONTRACTORS OR THIRD-PARTY SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU AGREE THAT, IN ANY EVENT, THE MAXIMUM AGGREGATE LIABILITY OF OWI, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUB-CONTRACTORS AND THIRD-PARTY SUPPLIERS UNDER THIS AGREEMENT, OR OTHERWISE IN RESPECT OF THE SUBJECT MATTER OF THIS AGREEMENT, FOR DAMAGES, REGARDLESS OF FORM OF ACTION, WILL BE EQUAL TO CDN $100.00.
OWI is not responsible or liable in any manner for any content posted on the Game or in connection with the Game. OWI does not control and is not responsible for what users post, transmit or share on the Game and is not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable user provided content you may encounter on the Game. OWI is not responsible for the conduct, whether online or offline, of any user of the Game.
The provisions of this article will apply to the maximum extent permitted by law. Because some jurisdictions do not allow limitations on implied warranties or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
6. USER CREATED CONTENT
The Game may allow you to create content, including but not limited to a gameplay map, screenshot or a video of your game play. In exchange for use of the Game, and to the extent that your contributions through use of the Game give rise to any copyright interest, you hereby grant OWI an exclusive, perpetual, irrevocable, fully transferable and sub-licensable worldwide right and license to use your contributions in any way and for any purpose in connection with the Game and related goods and services, including the rights to reproduce, copy, adapt, modify, perform, display, publish, broadcast, transmit, or otherwise communicate to the public by any means whether now known or unknown and distribute your contributions without any further notice or compensation to you of any kind for the whole duration of protection granted to intellectual property rights by applicable laws and international conventions. You hereby waive any moral rights of paternity, publication, reputation, or attribution with respect to our and other players’ use and enjoyment of such assets in connection with the Game and related goods and services under applicable law. This license grant to OWI, and the above waiver of any applicable moral rights, survives any termination of this EULA.
7. INDEMNIFICATION
You hereby agree to defend, indemnify and hold harmless OWI, its shareholders, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, distributors, successors and assigns and other users of the Game, from all damages, liabilities, claims and expenses, including without limitation attorneys’ fees and costs, arising from any breach of this Agreement by you, or from your use of the Game. You agree to defend, indemnify and hold harmless OWI, its shareholders, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, and distributors, successors and assigns from all damages, liabilities, claims and expenses, including without limitation attorneys’ fees and costs, arising from any claims by third parties that your activities on the Game infringe and third party rights.
9. INFORMATION COLLECTION AND USAGE
By installing and using the Game, you consent to these information collection and usage terms. If you connect to the Internet when using the Game, either through a gaming platform network, or any other method, we may receive information from hardware manufacturers or gaming platform hosts and may automatically collect certain information from your computer or gaming unit. This information may include, but is not limited to, user IDs (such as gamer tags and screen names), game scores, game statistics, game achievements, game performance, locations visited, friends lists, hardware MAC address, internet protocol address, and your usage of various game features. All information collected by OWI is intended to be anonymous information that does not disclose your identity or constitute personal information, however, if you include personal information (such as your real name) in your user ID, then such personal information will automatically be transmitted to us and used as described herein.
The information collected by us may be posted by our on publicly-accessible web sites, shared with hardware manufacturers, shared with platform hosts, shared with our marketing partners or used by us for any other lawful purpose. By using the Game you consent to our use of related data, including public display of your data such as identification of your user created content or displaying your scores, ranking, achievements and other gameplay data. If you do not want your information shared in this manner, then you should not use the Game.
10. MISCELLANEOUS
10.1 Changes. OWI reserves the right, at its sole discretion, to change, modify, add, or delete portions of this EULA at any time without further notice. In such a case, you will be prompted to review the revised EULA and accept it prior to using the Game. Your continued use of the Game after any such changes constitutes your acceptance of the revised EULA. If you do not agree to abide by any such revised EULA, do not use or access the Game.
10.2 Export Controls. The Game is subject to all applicable export restrictions. You must comply with all export and import laws and restrictions and regulations of any Canadian and foreign agency or authority relating to the Game and Your use of the Game.
10.3 Feedback. In the event that you upload or otherwise transmit to OWI any concepts, ideas, or feedback relating to the Game, you shall not be entitled to any compensation for any such submission, unless expressly agreed between you and OWI, and OWI may freely use any such submission in any manner it deems appropriate. Any such submission by you shall not create any contractual relationship between you and OWI.
10.4 Severance. If any court of competent jurisdiction or competent authority finds that any provision of this EULA is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of this EULA shall not be affected. If any invalid, unenforceable or illegal provision of this EULA would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable to reflect OWI’s initial intentions.
10.5 No Waiver. No failure or delay by OWI (or its licensors) to exercise any right or remedy provided under this EULA or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy. Waiver of a right or remedy may be considered to have taken place only after signing of a written statement to this effect by OWI or by you.
10.6 Law and Jurisdiction. To the fullest extent permitted by applicable law, this Agreement shall be governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein. Any actions at law or in equity arising out of or in relation to this Agreement may be filed only in courts located in the City of Vancouver, British Columbia, Canada and you hereby consent and submit to the personal jurisdiction of such courts.
10.7 Entire Agreement. This EULA sets forth the entire understanding and agreement between you and OWI with respect to the subject matter hereof. The section headings used herein, including descriptive headings, are for convenience only and shall not affect the interpretation of this EULA.
For any question concerning this EULA, you may contact Offworld Industries at the following address: admin@offworldindustries.com.
THIS EULA IS APPLICABLE ONLY TO THE EXTENT AUTHORISED BY LAW.
YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS EULA AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CLICKING ON THE "I UNDERSTAND AND AGREE" BUTTON AND/OR CONTINUING TO INSTALL OR USE THE SOFTWARE, YOU EXPRESSLY AND IRREVOCABLY CONSENT TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH IN THIS EULA.
Dated: March 27, 2023