World of Diving License Agreement
The following end user license terms and conditions (“EULA”) apply to all use, download, webplay and installation of the each version and iteration of World of Diving (“the Game”) whilst in development, from “prototype” through to “final”, as made available by VERTIGO GAMES B.V.
YOU SHOULD READ THE FOLLOWING EULA CAREFULLY, BEFORE USING, DOWNLOADING OR INSTALLING THE GAME. ALL USE OF GAME IS GOVERNED BY AND CONDITIONAL ON YOUR ACCEPTANCE OF AND COMPLIANCE WITH THIS EULA AND THE TERMS AND CONDITIONS OF THE WEBSITE. ANY USE, REPRODUCTION OR REDISTRIBUTION OF THE GAME NOT IN ACCORDANCE WITH THE TERMS OF THIS EULA IS EXPRESSLY PROHIBITED. IF YOU DO NOT ACCEPT THE TERMS OF THE GAME EULA, YOU MAY NOT USE, DOWNLOAD, PLAY ONLINE OR INSTALL THE GAME.
YOU SPECIFICALLY AGREE, ACKNOWLEDGE AND ACCEPT THAT:
1. Limited Use License.
On and subject to the terms of the EULA, VERTIGO GAMES B.V. hereby grants and by using, downloading, playing online via web or installing the Game you accept a limited, non-exclusive, non-transferable, personal right and license to download, install and use the Game for your personal, non-commercial use on any number of computers and, in the case of the version of the Game, identified as the Alpha for evaluation purposes only.
2. Opening & Maintaining Account
While some elements of the Website may be generally accessed by the public, certain aspects of the Website (e.g. posting in the Forums) and the use of The Game requires you to create an account on the Website (the “Account”). If you have questions about registration for an Account, please contact us at firstname.lastname@example.org.
Only “natural persons,” as opposed to any kinds of legal entities (e.g., corporations, limited liability companies, and/or partnerships), shall have the privilege of establishing an Account. By entering into this Agreement and creating an Account, you represent that you are an adult and have the legal capacity to enter into a contract in the jurisdiction where you reside. You agree to comply with this Agreement on behalf of yourself and, at your discretion, any minor children for whom you are the parent or legal guardian and whom you have authorized to play the Game using your Account. You further agree that you are entirely liable for all activities conducted through your Account, and are responsible for ensuring that you and/or your child is aware of, understands, and complies with the terms of this Agreement and any and all other EULA Terms.
To create an Account, you must have an email address, and provide truthful and accurate information. Please note that in utilizing certain areas of the Website (e.g. purchasing certain merchandise), you will be requested to provide additional information such as your name and full address. You must be eligible to use the The Game Service for which you are registering. Some of the Game Services require the creation of a “user name” or a “persona.” User names and personas are tied to your Account. You may not use a user name or persona that is used by someone else, is vulgar or offensive, or otherwise violates the Terms of Service. VERTIGO GAMES B.V reserves the right to block or remove any “user name” or “persona”, if the use thereof violates any EULA Terms, laws or regulations, including, without limitation, personality rights, or trademarks.
You are solely responsible for all activity on your Account. Your Account may be terminated if someone else uses it to engage in activity that violates the Terms of Service or is otherwise improper or illegal. You should not reveal your Account password to others. VERTIGO GAMES B.V will not ask you to reveal your password, or initiate contact with you asking for answers to your password security questions.
We have implemented physical, electronic and managerial procedures in order to help safeguard and prevent unauthorized access, use, alteration, modification and/or disclosure of your personal information. Although we use reasonable efforts to safeguard the security of your personal information, transmissions made on or through the Internet and personal information stored on our servers or the servers of third parties that we use are vulnerable to attack and cannot be guaranteed to be secure. In addition, submissions made via e-mail are not protected by encryption and are vulnerable to interception during transmission.
3. Rules of Conduct
“User Content” as referred to herein means all forms of communication, messages, information, data, text, software, graphic files, or other materials, whether in written, verbal, electronic, digital, machine-readable or any other form, whether now known or hereafter to become known, which is contributed to the Website or any the Game Service by anybody other than VERTIGO GAMES B.V.
You violate the Terms of Service if you:
Harass, threaten, embarrass, or do anything else to another user that is unwanted, such as repeatedly sending unwanted messages or making personal attacks or statements about race, sexual orientation, religion, heritage, etc.
Promote or encourage any illegal activity including hacking, cracking or distribution of counterfeit software.
This above-referenced list of prohibitions only provides examples of unacceptable conduct and is not intended to be a complete or exclusive list of prohibited conduct. Your online conduct should be guided by common sense and respect for others who access and use the Website (whether or not such third parties are registered users of the Website) and for the employees and representatives of VERTIGO GAMES B.V. You must also obey all federal, state, and local laws, regulations and rules that apply to your activities when you use the Game Services. VERTIGO GAMES B.V reserves the right to terminate your Account and to prevent your use of any and all of the Game Services if your Account is used to engage in illegal activity, violates these rules of conduct, or otherwise any EULA Terms.
If you encounter another user who is violating any of the rules of conduct, please report this activity to VERTIGO GAMES B.V by contacting email@example.com.
You are not entitled to and must not:
export or re-export the Game or any copy or adaptation in violation of any applicable laws or regulations;
otherwise use, copy, transfer, distribute, rent, lease, loan, sub-license or deal in the Game or any part or interest in it except as expressly provided by the EULA or in any manner which is inconsistent with the EULA ;
EXCEPT IN THE EVENT AND TO THE EXTENT THAT YOU ARE EXPRESSLY AUTHORISED TO DO SO UNDER THE TERMS APPLICABLE TO YOU in whole or in part reproduce, translate, reverse engineer, derive source code from, modify, adapt, merge, translate, disassemble, decompile, or create derivative works based on or of the Game, except where applicable law provides otherwise in which case the product and all end results of such acts shall belong to, vest in and be the exclusive property of VERTIGO GAMES B.V. on creation.
VERTIGO GAMES B.V. does not allow you to make modifications to the Game software for the purpose of making mods and tools for the Game (“Mods”).
The Game is licensed, not sold. Your license confers no title or ownership in the Game. All right, title, interest and ownership rights in the Game and any copyright, design right, database right, patents and any rights to inventions, know-how, trade and business names, trade secrets and trade marks (whether registered or unregistered) and any applications there for and other intellectual property rights (“Intellectual Property Rights”), in or connected with the Game and each part thereof (including by way of example only any titles, code, themes, objects, characters, stories, catchphrases, concepts, artworks, animations, sounds, music, audio-visual effects and methods of operation) are owned by, belong to and vest in VERTIGO GAMES B.V or its licensors. The Game is protected by copyright law, international copyright treaties and conventions and other laws. All rights are asserted and reserved. The Game may contain certain licensed materials and VERTIGO GAMES B.V licensors may act to protect their rights in the event of any breach of the the Game’s EULA. All trade marks are the property of their respective owners.
The EULA and any license granted by it is effective until terminated. You may terminate the EULA at any time by deleting and removing the Game from your personal computer and destroying your copy of the Game in your possession. The EULA and any license granted by it will terminate automatically if you fail to abide by any of the terms and conditions. VERTIGO GAMES B.V may additionally, at its discretion, give you notice of termination of the EULA and any license granted by it in the event that it becomes aware that you are failing to comply with the terms and conditions of it. In that event, you must immediately destroy and erase the Game and all and any copies in your possession or control and stored on any media whatsoever and on VERTIGO GAMES B.V’s request certify that you have done so.
6. Limited Warranty and Liability
The Game is supplied “as is” and VERTIGO GAMES B.V gives no representation or warranty concerning it.
You expressly accept and acknowledge that the Game is not a finished product and will likely contain defects in material and workmanship and that downloading, using and installing the Game may damage your computer and any data or software stored or held on it. Your installation and use of the Game is entirely at your own risk and VERTIGO GAMES B.V is not liable for any destruction of data or damage to your computer.
You should back-up to another secure location, on a regular basis, any data files concerning your use of the Game as VERTIGO GAMES B.V has no liability for lost or corrupted data.
EXCEPT AS SPECIFICALLY PROVIDED IN THE EULA AND TO THE MAXIMUM EXTENT PERMITTED BY LAW:
THE EULA SHALL NOT LIMIT ANY RIGHTS YOU MIGHT HAVE AS A CONSUMER THAT MAY NOT BE EXCLUDED UNDER APPLICABLE LAW NOR SHALL IT EXCLUDE OR LIMIT ANY LIABILITY FOR FRAUD OR DEATH OR PERSONAL INJURY ARISING CAUSED BY VERTIGO GAMES B.V’S NEGLIGENCE.
You must adhere the terms of this EULA and not do anything that infringes the rights of anyone else or do anything in breach of EULA which may give a person a claim against VERTIGO GAMES B.V. If you breach the EULA, and VERTIGO GAMES B.V get challenged, threatened or sued by someone because of it, VERTIGO GAMES B.V may hold you responsible and that means you may have to pay VERTIGO GAMES B.V back for any damage we suffer as a result. Therefore it’s important that you comply with the EULA.
You further agree that VERTIGO GAMES B.V. would be irreparably damaged if the terms of the EULA were not specifically enforced, and therefore you agree that VERTIGO GAMES B.V. shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of the EULA , in addition to such other remedies as VERTIGO GAMES B.V. may otherwise have available to it under applicable laws.
VERTIGO GAMES B.V’s licensors shall be third-party beneficiaries under the Website EULA and shall have the express right to enforce its provisions and to enjoy the benefits of its protections.
8. Data Collection and Feedback
You understand, acknowledge and agree that public communications on the Game Services, including divegame.net are not private or confidential, and may be viewed and used by others accessing the Game Services.
The Game includes automatic feedback software which, when installed on your computer, may collect and sends data to and from VERTIGO GAMES B.V concerning your use of the Game including, without limitation:
9. Online Service
Use of any applicable online service which may be accessed using the Game shall be subject to the terms and conditions applicable to such online service.
In the event that any provision of the EULA shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision will be enforced to the maximum extent permissible and the remaining portions of the EULA shall remain in full force and effect.
To the maximum extent permitted by the local law applicable in the country in which you obtain or use it the Game and the EULA are subject to Dutch Law. In the event that Dutch Law cannot apply in the country you obtained or use the Game local law will apply. The Game is intended for use and may only be used in countries where all such use is lawful.
The terms of the EULA is personal to you and you are not permitted to transfer any of your rights under the EULA.
The Game may not be re-exported, downloaded or otherwise exported into (or to a national or resident of) any country to which this country has an embargo in force.
© 2013-2014 VERTIGO GAMES B.V. All rights reserved.
Contact Information: Email:firstname.lastname@example.org.