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END USER LICENSE AGREEMENT
Please read this EULA carefully, as it sets out the basis upon which we license the Game for use.
By downloading or using the Game, you agree to be bound by the provisions of this EULA. If you do not agree to be bound by the provisions of this EULA, you must click "reject agreement" during the installation process.
By agreeing to be bound by this EULA, you warrant to us that you are an adult of the legal age of majority in your country of residence, that you understand and accept this EULA. You are legally and financially responsible for all actions using or accessing the Game, including the actions of anyone you allow to access to your account. If you are under the legal age of majority, your parent or legal guardian must consent to this EULA (and our privacy policy).
This EULA should be read in conjunction with our privacy policy, which is available at https://InitialFStudio.com/privacy/.
WARNING: The light patterns in some video games may trigger epileptic seizures or blackouts in a very small number of individuals. If you have an epileptic condition, you should consult a medical professional before playing the Game. If you experience dizziness, muscle twitching, changes to vision, disorientation, seizures, convulsions and/or any involuntary movements while playing the Game, you should immediately stop playing and consult a medical professional.
1. Definitions
1.1 In this EULA, except to the extent expressly provided otherwise:
"Charges" means the charges payable by the User to the Licensor under or in relation to this EULA, which may include the purchase price of the Game;
"Distribution Platform" means any digital distribution platform operated by a third party by means of which the User lawfully acquired the Game;
"Distribution Platform Terms and Conditions" means the terms and conditions of the Distribution Platform that set out any rights and/or obligations of the User in relation to the Game;
"DLC" means any downloadable or other supplemental content for the Game made available by the Licensor and purchased or otherwise lawfully acquired by the User;
"Documentation" means any official documentation for the Game produced by the Licensor and supplied or made available by the Licensor to the User;
"Effective Date" means the date upon which the User accepts the terms of this EULA in accordance with the preamble to this EULA;
"EULA" means this end user license agreement, including any amendments to this end user license agreement from time to time;
"Feedback" means any feedback, advice or suggestions provided by the User to the Licensor by email, through the Distribution Platform or through the official online forums concerning the Game and/or any other games or any services of the Licensor;
"Force Majeure Event" means an event, or a series of related events, that is outside the reasonable control of the party affected (including failures of the internet or any public telecommunications network, hacker attacks, denial of service attacks, virus or other malicious software attacks or infections, power failures, industrial disputes affecting any third party, changes to the law, disasters, epidemics, pandemics, explosions, fires, floods, riots, terrorist attacks and wars);
"Game" means “Silicon War: Blitz ”, as modified, patched, updated and upgraded from time to time by or with the authorization of the Licensor, including any DLC;
"Intellectual Property Rights" means all intellectual property rights wherever in the world, whether registrable or unregistrable, registered or unregistered, including any application or right of application for such rights (and these "intellectual property rights" include copyright and related rights, database rights, confidential information, trade secrets, know-how, business names, trade names, trade marks, service marks, passing off rights, unfair competition rights, patents, petty patents, utility models, semi-conductor topography rights and rights in designs);
"Licensor" means Initial F Studio, with its registered office at 4778 DEWEY DRFAIR OAKS, California 95628 United States.
"Permitted Hardware" means any virtual reality headset, console, desktop, laptop or tablet computer that is owned by and in the physical control of the User and meets the minimum hardware requirements for the Game published by the Licensor from time to time;
"Support Services" means support in relation to the use of the Game and the identification and resolution of bugs and other errors in the Game;
"Term" means the term of this EULA, commencing in accordance with Clause 2.1 and ending in accordance with Clause 2.2;
"Update" means a hotfix, patch or version update (minor or major) to the Game;
"User" means the person to whom the Licensor grants a right to use the Game under this EULA in accordance with the preamble to this EULA;
"User Content" means all works and materials (including text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that the User submits to the Game, save to the extent that such works and materials are expressly excluded by this EULA, but in any case including Feedback; and
"User Creations" means screenshots, audio recordings and video footage created by the User that reproduce content from the Game, together with any derivative works of such screenshots, audio recordings and video footage created by the User (such as memes, reviews, game guides, videos and livestreams).
2. Term
2.1 This EULA shall come into force upon the Effective Date.
2.2 This EULA shall continue in force indefinitely, subject to termination in accordance with Clause 16 or any other provision of this EULA.
3. License
3.1 The Licensor hereby grants to the User from the date of supply of the Game to the User until the end of the Term a worldwide, non-exclusive, non-transferable and non-sublicensable license to:
(a) download and install a copy of the Game on the Permitted Hardware; and
(b) use a single instance of the Game on the Permitted Hardware in accordance with the Documentation;
for the private and domestic purposes of the User and subject to the limitations and exclusions set out and referred to in this Clause 3. This license is granted subject to the payment of any applicable Licensor, Distribution Platform and supplier charges. The license under this EULA becomes effective on the Effective Date. The Game is licensed, not sold, to you under the EULA. The license does not grant you any title or ownership in the Game.
3.2 The User may permit the family members and friends of the User to use the User's installation of the Game on the Permitted Hardware in accordance with the Documentation providing that the User must not allow any other person or persons to use the Game.
3.3 Any license granted to the User under this Clause 3 shall be subject to the following prohibitions:
(a) the User must not copy, reproduce, sell, resell, rent, lease, loan, license, sub-license, gift, supply, transfer, publish, distribute or redistribute the Game;
(b) the User must not make the Game available for download or access by others;
(c) the User must not commercially exploit the Game or use the Game to provide any service (including using the Game at an internet cafe or computer gaming center);
(d) the User must not use the Game in connection with any marketing, advertising or promotional activity;
(e) the User must not modify, alter, edit, adapt or create derivative works of the Game;
(f) the User must not decompile, de-obfuscate or reverse engineer, or attempt to decompile, de-obfuscate or reverse engineer, the Game;
(g) the User must not delete, remove, disable or circumvent any security protection measures or proprietary notices in or associated with the Game; and
(h) the User must not import or export the Game, or otherwise use the Game, in contravention of any applicable laws,
save to the extent expressly permitted by this EULA or permitted by applicable law on a non-excludable basis. The prohibitions in this Clause 3.3 relating to the Game shall apply equally to the Documentation.
3.4 The User acknowledges that the use of the Game and the exercise of the rights of the User under this EULA may require the use of an activation code or key, and further that:
(a) the User shall be responsible for securely storing the activation code or key; and
(b) the Licensor shall have no obligation to replace a lost, stolen or corrupted activation code or key.
3.5 The User acknowledges that the use of the Game is subject to the agreement of the User to the commercial, non-commercial and/or open source licenses (third party licenses such as Unity Technologies licenses); and by agreeing to this EULA, the User agrees to those documents.
4. Acceptable use
4.1 The User must not use the Game in any of the following ways:
(a) in any way that causes or may cause damage to the Game or to any other game, products or services of the Licensor;
(b) in any way that causes or may cause impairment of the performance, availability or accessibility of the Game or any other game, products or services of the Licensor;
(c) in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(d) to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(e) to conduct any systematic or automated data collection activities (including scraping, data mining, data extraction and data harvesting);
(f) by means of any software not authorized by the Licensor; or
(g) by any automated means.
4.2 The User must not, when using the Game or creating User Content:
(a) publicly name or otherwise reveal the identity of any other player;
(b) engage in any scamming, fraudulent conduct or deceptive conduct;
(c) otherwise take any action that is liable to negatively affect other players' enjoyment of the Game;
(d) create a libel or malicious falsehood;
(e) foresee any obscenity or indecency;
(f) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
(g) infringe any right of confidence, right of privacy or right under data protection legislation;
(h) provide negligent advice or contain any negligent statement;
(i) contribute to an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
(j) contribute to a contempt of any court, or be in breach of any court order;
(k) breach any racial or religious hatred or discrimination legislation;
(l) depict blasphemy;
(m) breach official secrets legislation;
(n) breach any contractual obligation owed to any person;
(o) depict or promote self-harm;
(p) depict or promote violence in an explicit, graphic or gratuitous manner;
(q) depict nudity;
(r) provide pornography, or contain lewd, suggestive or sexually explicit material;
(s) foresee any untrue, false, inaccurate or misleading material;
(t) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
(u) contain any offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory material; or
(v) cause annoyance, inconvenience or needless anxiety to any person.
4.3 The User must not cheat when playing the Game or otherwise in relation to the Game.
4.4 Without prejudice to Clause 4.2, the User must not:
(a) edit Game software code or Game data held in memory;
(b) buy, sell or transfer any Game account;
(c) take unfair advantage of errors in the Game design or bugs in the Game software code to the detriment of any other player of the Game;
(d) access the Game using any other person's account or allow any other person to access the Game using the account of the User (except to the extent expressly permitted in this EULA); or
(e) use any software or software-based services to give any player an unfair advantage in the Game.
4.5 Cheat-detection software may be included with or as part of the Game, and the User must not remove, disable or otherwise tamper with that cheat-detection software. The Game or the cheat detection software may collect and transmit details about your account, gameplay, and potentially unauthorized programs or processes in connection with the cheat-detection software, subject to the Licensor’s privacy policy.
4.6 If the User breaches this Clause 4, the Game's cheat-detection software determines that this Clause 4 has been breached by the User or the Licensor reasonably believes that the User has breached this Clause 4, the Licensor may:
(a) ban or block the User or suspend the User's access to the Game;
(b) edit, alter or amend the in-Game assets of the User; and/or
(c) terminate this EULA.
4.7 The User must not evade or circumvent, or attempt to evade or circumvent, any ban, block or suspension instituted by the Licensor in relation to the Game.
5. User Content
5.1 Nothing in this EULA shall transfer ownership of any Intellectual Property Rights in the User Content from the User to the Licensor.
5.2 The User grants to the Licensor a worldwide, non-exclusive, royalty-free and irrevocable license to copy, store, adapt, edit, publish, unpublish, delete, translate, distribute and otherwise use the User Content for the purposes of marketing, advertising, promoting, publicizing, managing, enhancing, improving and/or supplementing the Game.
5.3 The User grants to the Licensor the right to sub-license the rights licensed under Clause 5.2.
5.4 The User grants to the Licensor the right to bring an action for infringement of the rights licensed under Clause 5.2.
5.5 The User hereby waives all of the User's moral rights in the User Content to the maximum extent permitted by applicable law; and the User warrants and represents that all other moral rights in the User Content have been waived to the maximum extent permitted by applicable law.
5.6 The User must ensure that the User Content is not illegal or unlawful, does not infringe any person's legal rights, and is not capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
5.7 The User shall ensure that the User Content is appropriate for all persons who have access to or are likely to access the User Content in question.
5.8 The User shall ensure, in the Licensor’s sole judgment, that the User Content is appropriate and accords with generally accepted standards of etiquette and behavior in video games published by the Licensor.
5.9 The User shall ensure that the User Content does not link to any website, web page or other resource consisting of or containing material that would, if it were User Content, breach the provisions of this EULA.
5.10 The User shall ensure that the User Content must not include any material that is or has ever been the subject of any threatened or actual legal proceedings or any similar complaint.
5.11 The User shall ensure that the User Content does not consist of or contain any legal, financial, investment, taxation, accountancy, medical or other professional advice.
5.12 The User shall ensure that the User Content does not constitute or contain spam - which for these purposes shall include all unlawful commercial communications, bulk commercial communications and unsolicited commercial communications.
6. User Creations
6.1 Subject to Clause 10.2, the User shall retain ownership of all Intellectual Property Rights in those works and materials comprised in the User Creations to the extent that they are the original creative work of the User.
6.2 The Licensor hereby grants to the User a worldwide, non-exclusive, non-transferable license to:
(a) during the Term only, create User Creations; and
(b) publish those User Creations by means of any reputable content distribution platform,
subject to the other provisions of this EULA.
6.3 The User must not sell, resell, rent, lease, loan, license, sub-license, gift, supply, transfer, publish, distribute or redistribute the User Creations, except as expressly permitted by this EULA.
6.4 The User must not earn or seek to earn money from the User Creations and must not exploit the User Creations for any commercial purpose.
6.5 The User must not use the User Creations in any way that is likely to have a material negative effect upon the reputation or goodwill of the Licensor or the Game.
6.6 The User must ensure that the User Creations comply with the provisions of Clause 5 as if they were User Content.
6.7 The User must incorporate and retain a copyright notice and authorship credit on each of the User Creations, in such form as the Licensor may publish on its website from time to time.
6.8 The Licensor may terminate the licenses granted by the Licensor to the User and set out in this Clause 6 at any time in its sole discretion by giving to the User written notice of termination.
7. Internet Connection
7.1 The Game may require an internet connection to access internet-based features, authenticate the Game, provide updates or patches from time to time, or perform other functions. In order for certain features of the Game to operate properly, you may be required to have and maintain (a) an adequate internet connection and/or (b) a valid and active account with an online service as set forth in the Game documentation, including but not limited to Distribution Platforms (such as Meta, Playstation, Pico, Steam, etc.) or Licensor or a Licensor affiliate. If you do not maintain such accounts, then certain features of the Game may not operate or may cease to function properly, either in whole or in part.
8. Feedback
8.1 The User may from time to time provide Feedback to the Licensor.
8.2 The User acknowledges that:
(a) the Licensor is not obliged to take account of, implement or otherwise use any Feedback; and
(b) the Licensor will not compensate the User with respect to any Feedback, whether or not the Licensor takes account of, implements or otherwise uses that Feedback.
9. Distribution Platforms
9.1 In addition to this EULA, the Distribution Platform Terms and Conditions may affect the rights, obligations and liabilities of the User in relation to the Game.
9.2 In the event of any conflict between this EULA and the Distribution Platform Terms and Conditions, the provisions of the latter shall take precedence.
9.3 Those provisions of the Distribution Platform Terms and Conditions that impose obligations and/or liabilities on the User in relation to the Game excluding those relating to payments are hereby incorporated into this EULA for the benefit of the Licensor, and as such shall be enforceable by the Licensor against the User.
9.4 For the avoidance of doubt, the following matters shall be governed by the provisions of the Distribution Platform Terms and Conditions: the support of the Game by the Distribution Platform, the amounts payable by the User in respect of this EULA; the methods of payment to be used by the User; and any rights of the User to cancel this EULA and receive any refunds of amounts paid in respect of this EULA.
9.5 The User acknowledges that the operator of the Distribution Platform has rights under the Distribution Platform Terms and Conditions which may affect the exercise of the User's rights under this EULA. Subject to Clause 15, the Licensor will not be in breach of this EULA as a result of, and will not be liable to the User in respect of:
(a) any act or omission of the operator; or
(b) any loss or damage arising out of the operator's exercise of its rights under the Distribution Platform Terms and Conditions.
10. Intellectual Property Rights
10.1 Nothing in this EULA shall constitute an assignment or transfer of any Intellectual Property Rights of the Licensor.
10.2 Save to the extent expressly provided otherwise in this EULA, all the Intellectual Property Rights and other rights in:
(a) the Game;
(b) the works and materials comprised in the Game; and
(c) any other software or services of the Licensor,
are hereby reserved to the Licensor and its licensors.
11. Warranties and Limitation of Warranties
11.1 The Licensor warrants that the Game will perform materially as described in the Documentation for a period as imposed by applicable law.
11.2 If the Licensor reasonably determines, or any third party alleges, that the use of the Game by the User in accordance with this EULA infringes any person's Intellectual Property Rights, the Licensor may acting reasonably at its own cost and expense, as a sole remedy:
(a) modify the Game in such a way that it no longer infringes the relevant Intellectual Property Rights; or
(b) procure for the User the right to use the Game in accordance with this EULA.
11.2 The User warrants to the Licensor that it has the legal right and authority to enter into this EULA and to perform its obligations under this EULA.
11.4 The User acknowledges that the use of the Game will require computer hardware and software meeting the minimum requirements specified by the Licensor and/or support of the Game by the Distribution Platform. The User further acknowledges that, as the Game or its support by the Distribution Platform is updated, those requirements may change and, accordingly, the Game may cease to function in its current set-up (for example: on the current hardware of the User).
11.5 The User acknowledges that complex software is never wholly free from defects, errors and bugs; and the Licensor gives no warranty or representation that the Game will be wholly free from defects, errors and bugs.
11.6 The Licensor represents and warrants that it will use industry-standard measures to avoid introducing viruses into the Game. Nevertheless, the User acknowledges that complex software is never entirely free from security vulnerabilities; and the Licensor gives no warranty or representation that the Game will be entirely secure.
11.7 All of the parties' warranties and representations in respect of the subject matter of this EULA are expressly set out in this EULA. To the maximum extent permitted by applicable law, no other warranties or representations concerning the subject matter of this EULA will be implied into this EULA or any related contract.
11.8 This Clause 11 will apply to the maximum extent permitted by applicable law.
12. Updates
12.1 The Licensor may during the Term make available Updates to the User, but shall have no obligation to do so as long as it complies with Clause 11.
12.2 The User must, if prompted to do so by the Game or by the Licensor, apply an Update or Updates before using the Game.
12.3 If the User does not apply any Update to the Game, then the User shall cease to have any right to use the Game until such time as it does so. The User acknowledges that the Licensor may use technical measures to enforce this Clause 12.3. The User acknowledges also that the warranty pursuant Clause 11 will no longer apply in case the User does not apply the Update.
12.4 The User agrees that the Licensor may automatically apply Updates to the Game.
13. Support Services
13.1 The Licensor may provide Support Services to the User, but shall have no obligation to do so as long as it complies with Clause 11.
13.2 Any Support Services shall be provided remotely and by such means as the Licensor may designate.
13.3 The User acknowledges and agrees that the Licensor gives no warranties or guarantees in relation to the outcome of the Support Services and, in particular, issues identified through the Support Services may only be resolved through the application of a future Update or, at the discretion of the Licensor, not at all.
14. User indemnity
14.1 The User shall indemnify and shall keep indemnified the Licensor against any and all liabilities, damages, losses, costs and expenses (including legal expenses and amounts reasonably paid in settlement of legal claims) suffered or incurred by the Licensor and arising directly or indirectly as a result of:
(a) the use of the Game by the User; and/or
(b) any breach by the User of this EULA.
15. Limitations and exclusions of liability
15.1 Nothing in this EULA will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) in case the User is a consumer, limit or exclude the liability of the Licensor (and its agents) for willful misconduct, gross negligence or for the execution of one of its essential obligations under this EULA (except in case of a Force Majeure Event);
(d) limit any liabilities in any way that is not permitted under applicable law; or
(e) exclude any liabilities that may not be excluded under applicable law,
and, if a party is a consumer, that party's statutory rights will not be excluded or limited by this EULA, except to the extent permitted by law.
15.2 The limitations and exclusions of liability set out in this Clause 15 and elsewhere in this EULA:
(a) are subject to Clause 15.1; and
(b) govern all liabilities arising under this EULA or relating to the subject matter of this EULA, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this EULA.
15.3 The Licensor will not be liable to the User in respect of any losses arising out of a Force Majeure Event.
15.4 The Licensor will not be liable to the User in respect of any losses arising out of use of the Game or the Permitted Hardware by the User not in line with this EULA.
15.4 Subject to the other provisions of this Clause 15, the Licensor will not be liable to the User in respect of any special, indirect or consequential loss or damage including but not limited any business losses, loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
15.5 The Licensor will not be liable to the User in respect of any loss or corruption of any data, database or software.
15.6 To the maximum extent permitted by applicable law, the aggregate liability of the Licensor to the User under this EULA in respect of any event or series of related events shall not exceed the total amounts the User has paid for the Game during the twelve (12) months immediately preceding the events giving rise to such liability.
16. Termination
16.1 This EULA shall immediately and automatically terminate if the User commits any breach of this EULA.
16.2 Either Party may terminate this EULA for convenience by giving at least six (6) months' prior written notice.
16.3 Both the Licensor and you may suspend its obligations or terminate this EULA in case the other party breaches its obligations or in case a Force Majeure Event occurs.
17. Effects of termination
17.1 Upon the termination of this EULA, all of the provisions of this EULA shall cease to have effect, save that the following provisions of this EULA shall survive and continue to have effect (in accordance with their express terms or otherwise indefinitely): Clauses 1, 5, 6, , 9, 14, 15, 17, 18.2, 19, 20 and 21.
17.2 Except to the extent expressly provided otherwise in this EULA, the termination of this EULA shall not affect the accrued rights of either party.
17.3 For the avoidance of doubt, all licenses granted to the User under this EULA shall terminate upon the termination of this EULA. Accordingly, the User must immediately cease to use the Game and all other works and materials licensed to the User under this EULA upon the termination of this EULA.
17.4 Within 2 days following the date of effective termination of this EULA, the User must irreversibly delete or destroy all copies of the Game and all copies of all other works and materials licensed to the User under this EULA in the possession or control of the User.
18. Third party websites
18.1 The Game may include hyperlinks to websites owned and operated by third parties; such hyperlinks are not recommendations.
18.2 The Licensor has no control over third party websites, their contents or their handling of personal data and, subject to Clause 11.5, the Licensor accepts no responsibility for them or for any loss or damage that may arise from the use of them by the User.
19. Equitable relief
19.1 The User acknowledges that:
(a) damages or other compensatory payments may not be an adequate remedy for a breach of this EULA by the User; and
(b) the Licensor shall be entitled to seek injunctive or other equitable relief in relation to any such breach, whether the breach is actual or threatened,
without prejudice to the other rights and remedies of the Licensor.
20. General
20.1 No breach of any provision of this EULA shall be waived except with the express written consent of the party not in breach.
20.2 If any provision of this EULA is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions of this EULA will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the parties, in which case the entirety of the relevant provision will be deemed to be deleted).
20.3 The Licensor may vary this EULA by updating the version of this EULA published on its website and mentioning the update of the EULA. The new or continued use of the Game by the User following any such variation constitutes the acceptance by the User of that variation.
20.4 The User hereby agrees that the Licensor may assign the Licensor's contractual rights and obligations under this EULA to any third party - providing that such action does not serve to reduce the guarantees benefiting the User under this EULA. Save to the extent expressly permitted by applicable law, the User must not without the prior written consent of the Licensor assign, transfer or otherwise deal with any of the User's contractual rights or obligations under this EULA.
20.5 This EULA is made for the benefit of the parties, and is not intended to benefit any third party or be enforceable by any third party. The rights of the parties to terminate, rescind, or agree any amendment, waiver, variation or settlement under or relating to this EULA are not subject to the consent of any third party.
20.6 This EULA shall constitute the entire agreement between the parties in relation to the subject matter of this EULA, and shall supersede all previous agreements, arrangements and understandings between the parties in respect of that subject matter.
20.7 This EULA shall be governed by the law of United States excluding the application of the United Nations Convention on Contracts for the International Sale of Goods and no effect shall be given to any other choice-of-law or conflict-of-laws rules or provisions.
20.11 If the User has any questions, concerns or complaints regarding this EULA or the Game, please contact: ifscontact@fiture.com. Both Parties agree to make a good-faith effort to negotiate any dispute between them for at least 30 days. If the User resides in the European Union (“EU”), the User may also be entitled to submit the User’s complaint to the European Commission’s Online Dispute Resolution (ODR) Platform. ODR allows EU consumers to resolve disputes related to the online purchases of goods and services without going to court.
21. Interpretation
21.1 In this EULA, a reference to a statute or statutory provision includes a reference to:
(a) that statute or statutory provision as modified, consolidated and/or re-enacted from time to time; and
(b) any subordinate legislation made under that statute or statutory provision.
21.2 The Clause headings do not affect the interpretation of this EULA.
21.3 In this EULA, general words shall not be given a restrictive interpretation by reason of being preceded or followed by words indicating a particular class of acts, matters or things.
Please read this EULA carefully, as it sets out the basis upon which we license the Game for use.
By downloading or using the Game, you agree to be bound by the provisions of this EULA. If you do not agree to be bound by the provisions of this EULA, you must click "reject agreement" during the installation process.
By agreeing to be bound by this EULA, you warrant to us that you are an adult of the legal age of majority in your country of residence, that you understand and accept this EULA. You are legally and financially responsible for all actions using or accessing the Game, including the actions of anyone you allow to access to your account. If you are under the legal age of majority, your parent or legal guardian must consent to this EULA (and our privacy policy).
This EULA should be read in conjunction with our privacy policy, which is available at https://InitialFStudio.com/privacy/.
WARNING: The light patterns in some video games may trigger epileptic seizures or blackouts in a very small number of individuals. If you have an epileptic condition, you should consult a medical professional before playing the Game. If you experience dizziness, muscle twitching, changes to vision, disorientation, seizures, convulsions and/or any involuntary movements while playing the Game, you should immediately stop playing and consult a medical professional.
1. Definitions
1.1 In this EULA, except to the extent expressly provided otherwise:
"Charges" means the charges payable by the User to the Licensor under or in relation to this EULA, which may include the purchase price of the Game;
"Distribution Platform" means any digital distribution platform operated by a third party by means of which the User lawfully acquired the Game;
"Distribution Platform Terms and Conditions" means the terms and conditions of the Distribution Platform that set out any rights and/or obligations of the User in relation to the Game;
"DLC" means any downloadable or other supplemental content for the Game made available by the Licensor and purchased or otherwise lawfully acquired by the User;
"Documentation" means any official documentation for the Game produced by the Licensor and supplied or made available by the Licensor to the User;
"Effective Date" means the date upon which the User accepts the terms of this EULA in accordance with the preamble to this EULA;
"EULA" means this end user license agreement, including any amendments to this end user license agreement from time to time;
"Feedback" means any feedback, advice or suggestions provided by the User to the Licensor by email, through the Distribution Platform or through the official online forums concerning the Game and/or any other games or any services of the Licensor;
"Force Majeure Event" means an event, or a series of related events, that is outside the reasonable control of the party affected (including failures of the internet or any public telecommunications network, hacker attacks, denial of service attacks, virus or other malicious software attacks or infections, power failures, industrial disputes affecting any third party, changes to the law, disasters, epidemics, pandemics, explosions, fires, floods, riots, terrorist attacks and wars);
"Game" means “Silicon War: Blitz ”, as modified, patched, updated and upgraded from time to time by or with the authorization of the Licensor, including any DLC;
"Intellectual Property Rights" means all intellectual property rights wherever in the world, whether registrable or unregistrable, registered or unregistered, including any application or right of application for such rights (and these "intellectual property rights" include copyright and related rights, database rights, confidential information, trade secrets, know-how, business names, trade names, trade marks, service marks, passing off rights, unfair competition rights, patents, petty patents, utility models, semi-conductor topography rights and rights in designs);
"Licensor" means Initial F Studio, with its registered office at 4778 DEWEY DRFAIR OAKS, California 95628 United States.
"Permitted Hardware" means any virtual reality headset, console, desktop, laptop or tablet computer that is owned by and in the physical control of the User and meets the minimum hardware requirements for the Game published by the Licensor from time to time;
"Support Services" means support in relation to the use of the Game and the identification and resolution of bugs and other errors in the Game;
"Term" means the term of this EULA, commencing in accordance with Clause 2.1 and ending in accordance with Clause 2.2;
"Update" means a hotfix, patch or version update (minor or major) to the Game;
"User" means the person to whom the Licensor grants a right to use the Game under this EULA in accordance with the preamble to this EULA;
"User Content" means all works and materials (including text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that the User submits to the Game, save to the extent that such works and materials are expressly excluded by this EULA, but in any case including Feedback; and
"User Creations" means screenshots, audio recordings and video footage created by the User that reproduce content from the Game, together with any derivative works of such screenshots, audio recordings and video footage created by the User (such as memes, reviews, game guides, videos and livestreams).
2. Term
2.1 This EULA shall come into force upon the Effective Date.
2.2 This EULA shall continue in force indefinitely, subject to termination in accordance with Clause 16 or any other provision of this EULA.
3. License
3.1 The Licensor hereby grants to the User from the date of supply of the Game to the User until the end of the Term a worldwide, non-exclusive, non-transferable and non-sublicensable license to:
(a) download and install a copy of the Game on the Permitted Hardware; and
(b) use a single instance of the Game on the Permitted Hardware in accordance with the Documentation;
for the private and domestic purposes of the User and subject to the limitations and exclusions set out and referred to in this Clause 3. This license is granted subject to the payment of any applicable Licensor, Distribution Platform and supplier charges. The license under this EULA becomes effective on the Effective Date. The Game is licensed, not sold, to you under the EULA. The license does not grant you any title or ownership in the Game.
3.2 The User may permit the family members and friends of the User to use the User's installation of the Game on the Permitted Hardware in accordance with the Documentation providing that the User must not allow any other person or persons to use the Game.
3.3 Any license granted to the User under this Clause 3 shall be subject to the following prohibitions:
(a) the User must not copy, reproduce, sell, resell, rent, lease, loan, license, sub-license, gift, supply, transfer, publish, distribute or redistribute the Game;
(b) the User must not make the Game available for download or access by others;
(c) the User must not commercially exploit the Game or use the Game to provide any service (including using the Game at an internet cafe or computer gaming center);
(d) the User must not use the Game in connection with any marketing, advertising or promotional activity;
(e) the User must not modify, alter, edit, adapt or create derivative works of the Game;
(f) the User must not decompile, de-obfuscate or reverse engineer, or attempt to decompile, de-obfuscate or reverse engineer, the Game;
(g) the User must not delete, remove, disable or circumvent any security protection measures or proprietary notices in or associated with the Game; and
(h) the User must not import or export the Game, or otherwise use the Game, in contravention of any applicable laws,
save to the extent expressly permitted by this EULA or permitted by applicable law on a non-excludable basis. The prohibitions in this Clause 3.3 relating to the Game shall apply equally to the Documentation.
3.4 The User acknowledges that the use of the Game and the exercise of the rights of the User under this EULA may require the use of an activation code or key, and further that:
(a) the User shall be responsible for securely storing the activation code or key; and
(b) the Licensor shall have no obligation to replace a lost, stolen or corrupted activation code or key.
3.5 The User acknowledges that the use of the Game is subject to the agreement of the User to the commercial, non-commercial and/or open source licenses (third party licenses such as Unity Technologies licenses); and by agreeing to this EULA, the User agrees to those documents.
4. Acceptable use
4.1 The User must not use the Game in any of the following ways:
(a) in any way that causes or may cause damage to the Game or to any other game, products or services of the Licensor;
(b) in any way that causes or may cause impairment of the performance, availability or accessibility of the Game or any other game, products or services of the Licensor;
(c) in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(d) to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(e) to conduct any systematic or automated data collection activities (including scraping, data mining, data extraction and data harvesting);
(f) by means of any software not authorized by the Licensor; or
(g) by any automated means.
4.2 The User must not, when using the Game or creating User Content:
(a) publicly name or otherwise reveal the identity of any other player;
(b) engage in any scamming, fraudulent conduct or deceptive conduct;
(c) otherwise take any action that is liable to negatively affect other players' enjoyment of the Game;
(d) create a libel or malicious falsehood;
(e) foresee any obscenity or indecency;
(f) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
(g) infringe any right of confidence, right of privacy or right under data protection legislation;
(h) provide negligent advice or contain any negligent statement;
(i) contribute to an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
(j) contribute to a contempt of any court, or be in breach of any court order;
(k) breach any racial or religious hatred or discrimination legislation;
(l) depict blasphemy;
(m) breach official secrets legislation;
(n) breach any contractual obligation owed to any person;
(o) depict or promote self-harm;
(p) depict or promote violence in an explicit, graphic or gratuitous manner;
(q) depict nudity;
(r) provide pornography, or contain lewd, suggestive or sexually explicit material;
(s) foresee any untrue, false, inaccurate or misleading material;
(t) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
(u) contain any offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory material; or
(v) cause annoyance, inconvenience or needless anxiety to any person.
4.3 The User must not cheat when playing the Game or otherwise in relation to the Game.
4.4 Without prejudice to Clause 4.2, the User must not:
(a) edit Game software code or Game data held in memory;
(b) buy, sell or transfer any Game account;
(c) take unfair advantage of errors in the Game design or bugs in the Game software code to the detriment of any other player of the Game;
(d) access the Game using any other person's account or allow any other person to access the Game using the account of the User (except to the extent expressly permitted in this EULA); or
(e) use any software or software-based services to give any player an unfair advantage in the Game.
4.5 Cheat-detection software may be included with or as part of the Game, and the User must not remove, disable or otherwise tamper with that cheat-detection software. The Game or the cheat detection software may collect and transmit details about your account, gameplay, and potentially unauthorized programs or processes in connection with the cheat-detection software, subject to the Licensor’s privacy policy.
4.6 If the User breaches this Clause 4, the Game's cheat-detection software determines that this Clause 4 has been breached by the User or the Licensor reasonably believes that the User has breached this Clause 4, the Licensor may:
(a) ban or block the User or suspend the User's access to the Game;
(b) edit, alter or amend the in-Game assets of the User; and/or
(c) terminate this EULA.
4.7 The User must not evade or circumvent, or attempt to evade or circumvent, any ban, block or suspension instituted by the Licensor in relation to the Game.
5. User Content
5.1 Nothing in this EULA shall transfer ownership of any Intellectual Property Rights in the User Content from the User to the Licensor.
5.2 The User grants to the Licensor a worldwide, non-exclusive, royalty-free and irrevocable license to copy, store, adapt, edit, publish, unpublish, delete, translate, distribute and otherwise use the User Content for the purposes of marketing, advertising, promoting, publicizing, managing, enhancing, improving and/or supplementing the Game.
5.3 The User grants to the Licensor the right to sub-license the rights licensed under Clause 5.2.
5.4 The User grants to the Licensor the right to bring an action for infringement of the rights licensed under Clause 5.2.
5.5 The User hereby waives all of the User's moral rights in the User Content to the maximum extent permitted by applicable law; and the User warrants and represents that all other moral rights in the User Content have been waived to the maximum extent permitted by applicable law.
5.6 The User must ensure that the User Content is not illegal or unlawful, does not infringe any person's legal rights, and is not capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
5.7 The User shall ensure that the User Content is appropriate for all persons who have access to or are likely to access the User Content in question.
5.8 The User shall ensure, in the Licensor’s sole judgment, that the User Content is appropriate and accords with generally accepted standards of etiquette and behavior in video games published by the Licensor.
5.9 The User shall ensure that the User Content does not link to any website, web page or other resource consisting of or containing material that would, if it were User Content, breach the provisions of this EULA.
5.10 The User shall ensure that the User Content must not include any material that is or has ever been the subject of any threatened or actual legal proceedings or any similar complaint.
5.11 The User shall ensure that the User Content does not consist of or contain any legal, financial, investment, taxation, accountancy, medical or other professional advice.
5.12 The User shall ensure that the User Content does not constitute or contain spam - which for these purposes shall include all unlawful commercial communications, bulk commercial communications and unsolicited commercial communications.
6. User Creations
6.1 Subject to Clause 10.2, the User shall retain ownership of all Intellectual Property Rights in those works and materials comprised in the User Creations to the extent that they are the original creative work of the User.
6.2 The Licensor hereby grants to the User a worldwide, non-exclusive, non-transferable license to:
(a) during the Term only, create User Creations; and
(b) publish those User Creations by means of any reputable content distribution platform,
subject to the other provisions of this EULA.
6.3 The User must not sell, resell, rent, lease, loan, license, sub-license, gift, supply, transfer, publish, distribute or redistribute the User Creations, except as expressly permitted by this EULA.
6.4 The User must not earn or seek to earn money from the User Creations and must not exploit the User Creations for any commercial purpose.
6.5 The User must not use the User Creations in any way that is likely to have a material negative effect upon the reputation or goodwill of the Licensor or the Game.
6.6 The User must ensure that the User Creations comply with the provisions of Clause 5 as if they were User Content.
6.7 The User must incorporate and retain a copyright notice and authorship credit on each of the User Creations, in such form as the Licensor may publish on its website from time to time.
6.8 The Licensor may terminate the licenses granted by the Licensor to the User and set out in this Clause 6 at any time in its sole discretion by giving to the User written notice of termination.
7. Internet Connection
7.1 The Game may require an internet connection to access internet-based features, authenticate the Game, provide updates or patches from time to time, or perform other functions. In order for certain features of the Game to operate properly, you may be required to have and maintain (a) an adequate internet connection and/or (b) a valid and active account with an online service as set forth in the Game documentation, including but not limited to Distribution Platforms (such as Meta, Playstation, Pico, Steam, etc.) or Licensor or a Licensor affiliate. If you do not maintain such accounts, then certain features of the Game may not operate or may cease to function properly, either in whole or in part.
8. Feedback
8.1 The User may from time to time provide Feedback to the Licensor.
8.2 The User acknowledges that:
(a) the Licensor is not obliged to take account of, implement or otherwise use any Feedback; and
(b) the Licensor will not compensate the User with respect to any Feedback, whether or not the Licensor takes account of, implements or otherwise uses that Feedback.
9. Distribution Platforms
9.1 In addition to this EULA, the Distribution Platform Terms and Conditions may affect the rights, obligations and liabilities of the User in relation to the Game.
9.2 In the event of any conflict between this EULA and the Distribution Platform Terms and Conditions, the provisions of the latter shall take precedence.
9.3 Those provisions of the Distribution Platform Terms and Conditions that impose obligations and/or liabilities on the User in relation to the Game excluding those relating to payments are hereby incorporated into this EULA for the benefit of the Licensor, and as such shall be enforceable by the Licensor against the User.
9.4 For the avoidance of doubt, the following matters shall be governed by the provisions of the Distribution Platform Terms and Conditions: the support of the Game by the Distribution Platform, the amounts payable by the User in respect of this EULA; the methods of payment to be used by the User; and any rights of the User to cancel this EULA and receive any refunds of amounts paid in respect of this EULA.
9.5 The User acknowledges that the operator of the Distribution Platform has rights under the Distribution Platform Terms and Conditions which may affect the exercise of the User's rights under this EULA. Subject to Clause 15, the Licensor will not be in breach of this EULA as a result of, and will not be liable to the User in respect of:
(a) any act or omission of the operator; or
(b) any loss or damage arising out of the operator's exercise of its rights under the Distribution Platform Terms and Conditions.
10. Intellectual Property Rights
10.1 Nothing in this EULA shall constitute an assignment or transfer of any Intellectual Property Rights of the Licensor.
10.2 Save to the extent expressly provided otherwise in this EULA, all the Intellectual Property Rights and other rights in:
(a) the Game;
(b) the works and materials comprised in the Game; and
(c) any other software or services of the Licensor,
are hereby reserved to the Licensor and its licensors.
11. Warranties and Limitation of Warranties
11.1 The Licensor warrants that the Game will perform materially as described in the Documentation for a period as imposed by applicable law.
11.2 If the Licensor reasonably determines, or any third party alleges, that the use of the Game by the User in accordance with this EULA infringes any person's Intellectual Property Rights, the Licensor may acting reasonably at its own cost and expense, as a sole remedy:
(a) modify the Game in such a way that it no longer infringes the relevant Intellectual Property Rights; or
(b) procure for the User the right to use the Game in accordance with this EULA.
11.2 The User warrants to the Licensor that it has the legal right and authority to enter into this EULA and to perform its obligations under this EULA.
11.4 The User acknowledges that the use of the Game will require computer hardware and software meeting the minimum requirements specified by the Licensor and/or support of the Game by the Distribution Platform. The User further acknowledges that, as the Game or its support by the Distribution Platform is updated, those requirements may change and, accordingly, the Game may cease to function in its current set-up (for example: on the current hardware of the User).
11.5 The User acknowledges that complex software is never wholly free from defects, errors and bugs; and the Licensor gives no warranty or representation that the Game will be wholly free from defects, errors and bugs.
11.6 The Licensor represents and warrants that it will use industry-standard measures to avoid introducing viruses into the Game. Nevertheless, the User acknowledges that complex software is never entirely free from security vulnerabilities; and the Licensor gives no warranty or representation that the Game will be entirely secure.
11.7 All of the parties' warranties and representations in respect of the subject matter of this EULA are expressly set out in this EULA. To the maximum extent permitted by applicable law, no other warranties or representations concerning the subject matter of this EULA will be implied into this EULA or any related contract.
11.8 This Clause 11 will apply to the maximum extent permitted by applicable law.
12. Updates
12.1 The Licensor may during the Term make available Updates to the User, but shall have no obligation to do so as long as it complies with Clause 11.
12.2 The User must, if prompted to do so by the Game or by the Licensor, apply an Update or Updates before using the Game.
12.3 If the User does not apply any Update to the Game, then the User shall cease to have any right to use the Game until such time as it does so. The User acknowledges that the Licensor may use technical measures to enforce this Clause 12.3. The User acknowledges also that the warranty pursuant Clause 11 will no longer apply in case the User does not apply the Update.
12.4 The User agrees that the Licensor may automatically apply Updates to the Game.
13. Support Services
13.1 The Licensor may provide Support Services to the User, but shall have no obligation to do so as long as it complies with Clause 11.
13.2 Any Support Services shall be provided remotely and by such means as the Licensor may designate.
13.3 The User acknowledges and agrees that the Licensor gives no warranties or guarantees in relation to the outcome of the Support Services and, in particular, issues identified through the Support Services may only be resolved through the application of a future Update or, at the discretion of the Licensor, not at all.
14. User indemnity
14.1 The User shall indemnify and shall keep indemnified the Licensor against any and all liabilities, damages, losses, costs and expenses (including legal expenses and amounts reasonably paid in settlement of legal claims) suffered or incurred by the Licensor and arising directly or indirectly as a result of:
(a) the use of the Game by the User; and/or
(b) any breach by the User of this EULA.
15. Limitations and exclusions of liability
15.1 Nothing in this EULA will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) in case the User is a consumer, limit or exclude the liability of the Licensor (and its agents) for willful misconduct, gross negligence or for the execution of one of its essential obligations under this EULA (except in case of a Force Majeure Event);
(d) limit any liabilities in any way that is not permitted under applicable law; or
(e) exclude any liabilities that may not be excluded under applicable law,
and, if a party is a consumer, that party's statutory rights will not be excluded or limited by this EULA, except to the extent permitted by law.
15.2 The limitations and exclusions of liability set out in this Clause 15 and elsewhere in this EULA:
(a) are subject to Clause 15.1; and
(b) govern all liabilities arising under this EULA or relating to the subject matter of this EULA, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this EULA.
15.3 The Licensor will not be liable to the User in respect of any losses arising out of a Force Majeure Event.
15.4 The Licensor will not be liable to the User in respect of any losses arising out of use of the Game or the Permitted Hardware by the User not in line with this EULA.
15.4 Subject to the other provisions of this Clause 15, the Licensor will not be liable to the User in respect of any special, indirect or consequential loss or damage including but not limited any business losses, loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
15.5 The Licensor will not be liable to the User in respect of any loss or corruption of any data, database or software.
15.6 To the maximum extent permitted by applicable law, the aggregate liability of the Licensor to the User under this EULA in respect of any event or series of related events shall not exceed the total amounts the User has paid for the Game during the twelve (12) months immediately preceding the events giving rise to such liability.
16. Termination
16.1 This EULA shall immediately and automatically terminate if the User commits any breach of this EULA.
16.2 Either Party may terminate this EULA for convenience by giving at least six (6) months' prior written notice.
16.3 Both the Licensor and you may suspend its obligations or terminate this EULA in case the other party breaches its obligations or in case a Force Majeure Event occurs.
17. Effects of termination
17.1 Upon the termination of this EULA, all of the provisions of this EULA shall cease to have effect, save that the following provisions of this EULA shall survive and continue to have effect (in accordance with their express terms or otherwise indefinitely): Clauses 1, 5, 6, , 9, 14, 15, 17, 18.2, 19, 20 and 21.
17.2 Except to the extent expressly provided otherwise in this EULA, the termination of this EULA shall not affect the accrued rights of either party.
17.3 For the avoidance of doubt, all licenses granted to the User under this EULA shall terminate upon the termination of this EULA. Accordingly, the User must immediately cease to use the Game and all other works and materials licensed to the User under this EULA upon the termination of this EULA.
17.4 Within 2 days following the date of effective termination of this EULA, the User must irreversibly delete or destroy all copies of the Game and all copies of all other works and materials licensed to the User under this EULA in the possession or control of the User.
18. Third party websites
18.1 The Game may include hyperlinks to websites owned and operated by third parties; such hyperlinks are not recommendations.
18.2 The Licensor has no control over third party websites, their contents or their handling of personal data and, subject to Clause 11.5, the Licensor accepts no responsibility for them or for any loss or damage that may arise from the use of them by the User.
19. Equitable relief
19.1 The User acknowledges that:
(a) damages or other compensatory payments may not be an adequate remedy for a breach of this EULA by the User; and
(b) the Licensor shall be entitled to seek injunctive or other equitable relief in relation to any such breach, whether the breach is actual or threatened,
without prejudice to the other rights and remedies of the Licensor.
20. General
20.1 No breach of any provision of this EULA shall be waived except with the express written consent of the party not in breach.
20.2 If any provision of this EULA is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions of this EULA will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the parties, in which case the entirety of the relevant provision will be deemed to be deleted).
20.3 The Licensor may vary this EULA by updating the version of this EULA published on its website and mentioning the update of the EULA. The new or continued use of the Game by the User following any such variation constitutes the acceptance by the User of that variation.
20.4 The User hereby agrees that the Licensor may assign the Licensor's contractual rights and obligations under this EULA to any third party - providing that such action does not serve to reduce the guarantees benefiting the User under this EULA. Save to the extent expressly permitted by applicable law, the User must not without the prior written consent of the Licensor assign, transfer or otherwise deal with any of the User's contractual rights or obligations under this EULA.
20.5 This EULA is made for the benefit of the parties, and is not intended to benefit any third party or be enforceable by any third party. The rights of the parties to terminate, rescind, or agree any amendment, waiver, variation or settlement under or relating to this EULA are not subject to the consent of any third party.
20.6 This EULA shall constitute the entire agreement between the parties in relation to the subject matter of this EULA, and shall supersede all previous agreements, arrangements and understandings between the parties in respect of that subject matter.
20.7 This EULA shall be governed by the law of United States excluding the application of the United Nations Convention on Contracts for the International Sale of Goods and no effect shall be given to any other choice-of-law or conflict-of-laws rules or provisions.
20.11 If the User has any questions, concerns or complaints regarding this EULA or the Game, please contact: ifscontact@fiture.com. Both Parties agree to make a good-faith effort to negotiate any dispute between them for at least 30 days. If the User resides in the European Union (“EU”), the User may also be entitled to submit the User’s complaint to the European Commission’s Online Dispute Resolution (ODR) Platform. ODR allows EU consumers to resolve disputes related to the online purchases of goods and services without going to court.
21. Interpretation
21.1 In this EULA, a reference to a statute or statutory provision includes a reference to:
(a) that statute or statutory provision as modified, consolidated and/or re-enacted from time to time; and
(b) any subordinate legislation made under that statute or statutory provision.
21.2 The Clause headings do not affect the interpretation of this EULA.
21.3 In this EULA, general words shall not be given a restrictive interpretation by reason of being preceded or followed by words indicating a particular class of acts, matters or things.