END USER LICENSE AGREEMENT
Issued by CHUCKLEFISH Limited
Last updated: 1 November 2018
- These are the terms and conditions (the “End User License Agreement” or “EULA”) we use to govern Wargroove (the “Game”) developed by Chucklefish Limited, a company registered in England and Wales with company number 07664836 and address 64 Southwark Bridge Road, London, SE1 0AS (“Chucklefish”, “we”, “us”). We’ve tried to keep them as short as possible, to help you understand how you can use the Game, and what problems might crop up. If you don‘t want to or can‘t agree to this EULA, then you must not buy, download, use or play the Game.
- The Game is available on platforms including PC, Nintendo Switch, PS4, and Xbox One (each a “Platform”).
- The Stores allow you to get a refund in respect of the Game in some cases. You should contact the Store through which you made a purchase in the event that you desire a refund from the Store.
- This EULA is a legal agreement between us and you, so please read it carefully.
- It describes how you are permitted to use the Game.
- If you break these terms and conditions, we may stop you using the Game, contact you regarding your use of the Game, or exercise other remedies that we have available to us at law or in equity.
- The Game is provided on an ‘as is’ basis, and we make no (and hereby disclaim any and all) representations and warranties with respect to it.
- This EULA may change from time to time.
- WHAT YOU CAN DO
As long as you follow the rest of the terms and conditions in this EULA, you can use the Game in the following ways:
- To play the Game (you are buying a non-exclusive, revocable, non-transferable, non-sublicensable, limited right and license to use one copy of the Game on the relevant Platform for your personal non-commercial use for gameplay in accordance with this EULA, not ownership of the Game itself).
- Share non-commercial screenshots and videos of your gameplay on your personal social media.
- Use upgrades and updates which we hope to make available from time to time (although we are not obliged to provide updates, upgrades or support).
- Create and share your Game creations with other Game users using the user-generated content functionalities we make available (“UGC Functionality”) including for your creation of customised maps and Game character dialogue (“UGC“).
- WHAT YOU CAN’T DO
- We use commercially reasonable endeavours protect the Game and our users, and it’s important that the Game is not used in a way which is unfair or which might harm our rights. Accordingly, we reserve the right to take any and all action available to us with respect to any conduct by players that violates the terms or spirit of this EULA.
- The following sets out some of the things that you cannot do with the Game:
- don’t share, rent, resell, or make available copies of the Game or any UGC (or any hacked versions) or otherwise use the Game or any UGC commercially in any way except as expressly permitted by law (such as under “fair dealing” or “fair use” laws) or, for the UGC only, by the Wargroove Community UGC Policy (as defined below);
- don’t modify or adapt the Game (except using the UGC Functionality in accordance with the Wargroove Community UGC Policy);
- don’t reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Game;
- where applicable, don’t share any password you use to access the Game with any other person;
- don’t do anything (or attempt to do anything) which might disrupt use of the Game by us or other gamers, or which could harass or upset other members of the Game’s community;
- don’t use the Game or any UGC for illegal or immoral purposes;
- don’t make anything available on or through UGC that violates the intellectual property rights of third parties; and
- don’t make anything available on or through the Game that violates the intellectual property rights of third parties.
- Make sure you read these terms and conditions carefully and understand them, and also the Wargroove Community UGC Policy (defined below) which is incorporated herein. If we are threatened or face legal action because you break any of the terms and conditions in this EULA (including the Wargroove Community UGC Policy), we may hold you responsible. That means you will need to compensate us, and pay us back for any damage we suffer as a result, and for our legal and other expenses.
- OUR LIABILITY
5.1 Nothing in this EULA will limit any of your rights which may not be excluded under law. This means that, notwithstanding any other terms in this EULA:
- our liability to you for personal injury or death caused by our negligence is not excluded or limited, nor is our liability to you for any fraudulent representation we make;
- if the Game is faulty when we deliver it to you, we will try to repair or replace it;
- if we can’t fix that fault within a reasonable time, or without significant inconvenience, you’re entitled to all or some of your money back that you paid to use the Game; and
- if, as a result of the fault, the Game damages your device and we haven’t used reasonable care and skill, you may be entitled to a repair or compensation.
5.2 Other than as mentioned above, our overall liability to you is limited to: (i) the price you paid to use the Game; or (ii) £30, if lower or where you did not buy the Game from us. The Game, along with any updates or upgrades, are provided “as is”. That means we don’t make any promises to you about the Game other than that the Game will be of satisfactory quality, as described, and fit for purpose. We don’t make any other promises about the Game.
5.3 We’ll use reasonable skill and care to provide the Game, but can’t guarantee there won’t be any errors, bugs or interruptions in or when playing the Game, or that the Game won’t cause any problems with your device.
5.4 If we release a version of the Game which is not yet complete, because we want to give you early access, then you’ll need to bear in mind that it may have some errors, bugs or interruptions.
5.5 Please do let us know straight away if you discover any problems with the Game, so we’re aware and can decide whether it’s something we need to address in a future release or update (if there is a future release or update). You can contact us to let us know about any problems with the Game at [email protected].
The Game includes UGC Functionality which allows you to create and share your UGC creations. Your use of the UGC Functionality and of any UGC must be in accordance with our Wargroove Community UGC Policy, available here [LINK TO WARGROOVE COMMUNITY UGC POLICY].
- INTELLECTUAL PROPERTY
Except for your UGC (for which the intellectual property position is as set out in the Wargroove Community UGC Policy), all intellectual property rights in the Game throughout the world belong to us, and the rights in the Game are licensed (not sold) to you. You have no intellectual property rights in, or to, the Game other than the limited, personal, non-commercial licence to use the Game in accordance with this EULA. Except as otherwise expressly provided in this EULA or the Wargroove Community UGC Policy, all rights in the Game are reserved by us and our licensors.
- STORE TERMS
The ways in which you can use the Game may also be controlled by the Store’s terms and conditions and policies as made available to you by the Store. To the extent that there is a conflict between the terms of this EULA and the Store’s terms from which you purchased the Game, the Store’s terms shall prevail to the extent of the conflict.
- OPERATING SYSTEM REQUIREMNENTS AND AGE REQUIREMENTS
10.1 The Game is provided in the following languages only: English. An internet connection is required to use certain aspects of the game, including UGC Functionality. Other operating and system requirements apply (such as in respect of operating system and installation memory – depending upon the relevant Platform); information about these requirements will be made available to you, either by Store descriptions, packaging information or otherwise.
10.2 If you are under eighteen (18) years of age, you must obtain the consent of someone with parental responsibility for you and they will enter into this EULA on your behalf.
11.1 This EULA doesn’t affect any legal rights you may have under the law which cannot be excluded or limited.
11.2 We may change or update this EULA from time to time, but changes only affect you to the extent they can legally apply. For example, if we release an update with a new EULA, and you don’t use the update, then the old EULA applies, but if you do use the updates or if you use parts of the Game that rely on our ongoing online services then the new EULA will apply. Please check back here from time to time in case of updates to the EULA.
11.3 We may end your rights to use the Game at any time in the event that you breach the terms and conditions set out in this EULA. If what you have done can be put right, we may, in our sole discretion, give you a reasonable opportunity to do so.
11.4 We may transfer our rights and obligations under this EULA to another organisation. We will let you know if that happens and we will ensure that your rights under this EULA are unaffected. You may not transfer your rights under this EULA unless we expressly agree to the transfer in writing.
11.5 Except where expressly stated to the contrary in this EULA, this EULA does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this EULA.
11.6 Even if we delay in enforcing this EULA and/or our rights, we can still enforce this EULA and/or our rights later. If we do not insist immediately that you do anything you are required to do under this EULA, or if we delay in taking steps against you in respect of your breaking of any term of this EULA, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
11.7 This EULA is governed by English law and you can bring proceedings in respect of the Game or this EULA in the English courts. In addition you may have the legal right to bring proceedings in your local jurisdiction and if this is the case then you may bring proceedings there. For instance if you live in Scotland you can bring legal proceedings in respect of the Game in either the Scottish or the English courts.
- OUR COMPANY AND CONTACT INFORMATION
64 Southwark Bridge Road, London SE1 0AS
Company number: 07664836
Email: [email protected]
© 2018 Chucklefish Limited. All trade marks are the property of the relevant owners. All rights reserved.