END USER LICENSE AGREEMENT (EULA)

VERSION UPDATED: 17 DECEMBER 2017

 

 

EULA

HI THERE!
THIS IS IMPORTANT, PLEASE READ THIS END USER LICENCE AGREEMENT (EULA), TERMS AND CONDITIONS CAREFULLY BEFORE INSTALLING, COPYING, ACCESSING OR USING THIS PRODUCT.

THIS EULA IS A LEGAL AGREEMENT BETWEEN THE PLAYER, END-USER (YES, IY’S YOU) AND US, PHANTOM 8 STUDIO (LICENSOR), WHICH MAY INCLUDE SOFTWARE PRODUCT(S) AND MAY ALSO INCLUDE ASSOCIATED MEDIA, “”OFFLINE”” MEDIA, AND “”ON-LINE”” OR ELECTRONIC DOCUMENTATION (COLLECTIVELY REFERRED TO AS “”PRODUCT”” OR “”GAME””).

For the latest version of Phantom 8 Studio’s EULA, please visit: https://phantom8.studio/eula By installing, copying, accessing or using this product, you agree to be bound by and accept the terms outlined in this EULA and in Phantom 8 Studios’s privacy policy set out here: https://phantom8.studio/privacypolicy.

In case you do not agree with either the EULA or the Privacy Policy, please do not use, nor install the game or product.

By using the game, software or product, you acknowledge that you have read, understand and agreed to the terms and conditions set out in this EULA.

GRANT OF LICENSE / OWNERSHIP

Phantom 8 Studio grants, and by using the product you thereby accept, a limited, non-exclusive license and right to use one single (1) copy of the software or product on a home or portable computer. The product is licensed tp you, not sold. Your license confers no title or ownership in the product, ownership rights in the product 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 therefor and other intellectual property rights (“Intellectual Property Rights”), in or connected with the product
and each part thereof are owned by, belong to and vest in Phantom 8 Studio or its licensors.

Updates, patches and upgrades may be necessary to continue to use the Product on certain hardware. The product is protected by local and international copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.

All rights are asserted and reserved. The product may contain certain licensed materials and Phantom 8 Studio’s licensors may act to protect their rights in the event of any breach of this EULA. All trade marks are the property of their respective owners.

END USER RIGHTS AND OBLIGATIONS

1. Subject to the grant of license herein, you may not, in whole or in part, copy, photocopy, reproduce, translate, reverse engineer, derive source code, modify, disassemble, decompile, create derivative works based on the product, or remove, disable or circumvent any proprietary notices, copy protection software or labels on the product without the prior consent, in writing, of Phantom 8 Studio.

2. This product is licensed to you as a standalone product. Its component parts may not be separated for use on more than one computer entertainment system.

3. You are entitled to use the product for your own use, but you are not entitled to:

a) exploit the product or any of its parts for any commercial purpose, for example sell, grant a security interest in or transfer reproductions of the product to other parties in any way, nor to rent, lease or license the product to others without Phantom 8 Studio’s prior written consent;

b) exploit the product or any of its parts, computer images, sound files, fonts, graphics, clipart, animations, photographs, databases or other content in the product, for any commercial purpose including, but not limited to, use at a cyber or internet cafe, computer gaming centre(s) or any other location-based site; and

c) publish and/or distribute the computer images, sound, files, fonts, graphics, clipart, animations, photographs, databases or other content of the product (including without limitation, for resale printed materials for your personal or business use (e.g., flyers and brochures) and on your personal and business website); use of any of the computer images related to identifiable individuals or entities in a manner which suggests their association with or endorsement of any product or services;

d) use the product for any immoral or illegal purposes;

e) except as otherwise provided, host or provide matchmaking services for the product or emulate or redirect the communication protocols used by the licensor in the network feature of the product, through protocol emulation, tunnelling, modifying or adding components to the product, use of a utility program or any other techniques now known or hereafter developed, for any purpose including, but not limited to network play over the Internet, network play utilising commercial or non-commercial gaming networks or as part of content aggregation networks without the licensor’s prior written consent.

4) Phantom 8 Studio may from time to time provide updates to the product which you may be required to apply before you can continue making full use of the product You agree that such updates are remotely delivered and that you will apply them.

TERM

The licence is effective from the earlier of the date you purchase, download or use the product, until terminated according to its terms.

The licence for the product is effective until terminated. You may stop it at any moment if you delete the product.

The licence will terminate automatically if you breach its terms and conditions, without any notice required from Phantom 8 Studio.

If this EULA is terminated in any of the above we, destroy the product and all electronic and physical copies, full or part, and erasing all of its components including backups, modifications, printed or written materials, and merged or otherwise altered parts. Phantom 8 Studio may request to certify that you have done so.

LIMITED LIABILITIES

YOU INSTALL AND USE THIS GAME AT YOUR OWN RISK;
THE GAME IS PROVIDED “”AS IS”” WITHOUT WARRANTY OR GUARANTEE OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT;

PHANTOM 8 STUDIO AND ITS LICENSORS:

1. DO NOT WARRANT THAT THE OPERATION OF THIS GAME WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ERRORS CAN BE CORRECTED AND EXCLUDE ANY AND ALL LIABILITY FOR ALL REPRESENTATIONS (EXCEPT THOSE MADE FRAUDULENTLY), WARRANTIES, CONDITIONS AND OTHER TERMS WHICH BUT FOR THIS NOTICE WOULD HAVE EFFECT;

2. WILL NOT IN ANY EVENT BE LIABLE IN ANY WAY FOR ANY CONSEQUENTIAL LOSS OR DAMAGE RESULTING FROM THE USE OF OR INABILITY TO USE THE GAME, ERRORS OR DEFICIENCIES IN IT, DAMAGE TO PROPERTY, LOST DATA, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION, LOSS OF BUSINESS, LOSS OF INFORMATION OR LOST PROFIT, WHETHER CAUSED BY NEGLIGENCE OR OTHERWISE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS;

3. WILL NOT BE HELD LIABLE FOR ANY DAMAGE, INJURY OR LOSS IF CAUSED AS A RESULT OF YOUR NEGLIGENCE, ACCIDENT OR MISUSE, OR IF THE GAME HAS BEEN MODIFIED IN ANY MANNER (NOT BY PHANTOM 8 STUDIO OR ITS LICENSORS) AFTER IT HAS BEEN BOUGHT;

4. IN ANY CASE, PHANTOM 8 STUDIOS AND ITS LICENSORS ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE PRODUCT.

THIS 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 NEGLIGENCE OF PHANTOM 8 STUDIO OR ITS LICENSORS.

YOU SHOULD BACK-UP TO ANOTHER SECURE LOCATION, ON A REGULAR BASIS, ANY DATA FILES
CONCERNING YOUR USE OF THE PRODUCT AS PHANTOM 8 STUDIO OR ITS LICENSORS HAVE NO
LIABILITY FOR LOST OR CORRUPTED DATA.

SEVERABILITY

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.

APPLICABLE LAW

To the maximum extent permitted by the local law applicable in the country in which you obtain or use it the product and this EULA are subject to the laws of Germany and the European Union.

 

DISCLAIMER OF WARRANTIES (PHYSICAL PRODUCTS)

Phantom 8 Studio warrants to the original purchaser of the game that the medium on which this computer program is recorded is free from defects in materials and workmanship for a period of ninety (90) days from the date of purchase.

This warranty does not cover damage or errors caused by negligence, misuse, unauthorised alteration, shipping, handling or wear due to regular use.

Warranty claims must be made to Phantom 8 Studio. Return the game to our address along with a copy of the original sales receipt and a description of the perceived issues. Phantom 8 Studio will either repair or replace the game at its sole discretion. Each replacement game is warranted for the remainder of the original warranty period or for 30 days after receipt, with the longer period being the definitive date.

THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES AND NO OTHER REPRESENTATIONS OR CLAIMS OF ANY NATURE SHALL BE BINDING ON OR OBLIGATE PHANTOM 8 STUDIO. ANY IMPLIED WARRANTIES APPLICABLE TO THIS SOFTWARE PRODUCT, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED TO THE NINETY (90) DAY PERIOD DESCRIBED ABOVE. IN NO EVENT WILL PHANTOM 8 STUDIO BE LIABLE FOR ANY SPECIAL INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM USE, POSSESSION OR MALFUNCTION OF THIS PRODUCT.

Some countries do not allow the exclusion or limitation of implied warranties or liability for incidental or consequential damages, so the above may not apply to you.

You understand and agree that the use of the game and the media on which it is located is at your own risk.

Note: Phantom 8 Studio reserves the right to improve its products at any time without notice.

DISCLAIMERS AND LIMITATION OF LIABILITY EPIC GAMES

This product includes the Unreal® Engine code and other code, materials, and information (the “Epic Materials”) from Epic Games, Inc. (“Epic”). All Epic Materials are provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind. Phantom 8 Studio, Epic, and Epic’s affiliates disclaim all warranties, conditions, common law duties, and representations (express, implied, oral, and written) with respect to the Epic Materials, including without limitation all express, implied, and statutory warranties and conditions of any kind, such as title, non-interference with your enjoyment, authority, non-infringement, merchantability, fitness or suitability for any purpose (whether or not Epic knows or has reason to know of any such purpose), system integration, accuracy or completeness, results, reasonable care, workmanlike effort, lack of negligence, and lack of viruses, whether alleged to arise under law, by reason of custom or usage in the trade, or by course of dealing.

Without limiting the generality of the foregoing, Phantom 8 Studio, Epic, and Epic’s affiliates make no warranty that (1) any of the Epic Materials will operate properly, including as integrated in the product (2) that the Epic Materials will meet your requirements, (3) that the operation of the Epic Materials will be uninterrupted, bug free, or error free in any or all circumstances, (4) that any defects in the Epic Materials can or will be corrected, (5) that the Epic Materials are or will be in compliance with a platform manufacturer’s rules or requirements, or (6) that a platform manufacturer has approved or will approve this product, or will not revoke approval of this product for any or no reason. Any warranty against infringement that may be provided in Section 2-312 of the Uniform Commercial Code or in any other comparable statute is expressly disclaimed by Phantom 8 Studio and Epic. Phantom 8 Studio, Epic, and Epic’s affiliates do not guarantee continuous, error-free, virus-free, or secure operation of or access to the Epic Materials. This paragraph will apply to the maximum extent permitted by applicable law.

To the maximum extent permitted by applicable law, neither Phantom 8 Studio, Epic, Epic’s licensors, nor its or their affiliates, nor any of Phantom 8 Studio’s or Epic’s service providers, shall be liable in any way for loss or damage of any kind resulting from the use or inability to use the Epic Materials or otherwise in connection with this EULA, including but not limited to loss of goodwill, work stoppage, computer failure, or malfunction, or any and all other commercial damages or losses. In no event will Phantom 8 Studio, Epic, Epic’s licensors, nor its or their affiliates, nor any of Phantom 8 Studio’s or Epic’s service providers be liable for any loss of
profits or any indirect, incidental, consequential, special, punitive, or exemplary damages, or any other damages arising out of or in connection with this EULA or the Epic Materials, or the delay or inability to use or lack of functionality of the Epic Materials, even in the event of Phantom 8 Studio’s, Epic’s, or Epic’s affiliates’ fault, tort (including negligence), strict liability, indemnity, product liability, breach of contract, breach of warranty, or otherwise and even if Phantom 8 Studio, Epic or Epic’s affiliates have been advised of the
possibility of such damages. These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate compensation.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Phantom 8 Studio, Epic, Epic’s licensors, its and their affiliates, and any of Phantom 8 Studio’s or Epic’s service providers shall be limited to the full extent permitted by law.

HEALTH AND SAFETY AND PRECAUTIONS

PLEASE READ THIS NOTICE BEFORE YOU OR ANYONE IN YOUR CARE USE THIS GAME

The game may contain flashing lights, realistic images and simulations.

Some people experience side effects such as motion sickness, epileptic seizures, momentary loss of consciousness dizziness, motion sickness or nausea when viewing certain types of flashing light or pattern including when playing video games.

This may happen where a person has not previously suffered in this way and have no known symptoms or history of such side effects. If you or anyone considering using this game suffers in this way, has a condition, which makes this possible or has experienced similar symptoms, please consult a doctor before using this game. If you or they are already using the game please stop and consult a doctor.

If you, your child or anyone in your care experience dizziness, altered vision, eye or muscle twitching, involuntary movements, loss of awareness, disorientation, or convulsions or any other side effects PLEASE STOP ALL USE IMMEDIATELY and consult a doctor.

If you or any part of you feels tired, fatigue or discomfort whilst playing this game or other games please stop and rest. If it continues after you stop playing please consult a doctor. If you have suffered or suffer from an injury playing games can aggravate it. In that case please consult a doctor. Failure to follow this advice may result in long term injury.

PLEASE FOLLOW THESE PRECAUTIONS WHENEVER USING THIS GAME:

Please do not:

– use or play this game (or others) if you are or feel sick, tired, fatigue or discomfort, or are under the influenceof alcohol or drugs, or hung-over;

– use or play the game while in a moving vehicle such as a car, bus, or train;

– play for too long at any one time, please follow all guidance applicable to or accompanying the platform you use in respect of playing time and take a 10 to 15 minute break every 30 minutes.

Notice to parents and carers:

Please observe children whilst they play this game and other games. Please ensure that you and they following the precautions described above and in the health and safety warnings for the relevant platform (if any). If your child experiences dizziness, altered vision, eye or muscle twitching, involuntary movements, loss of awareness, disorientation, or convulsions or any other side effects PLEASE STOP ALL USE IMMEDIATELY and consult a doctor.

Prolonged use should be avoided. Please ensure that children take regular breaks and monitor children closely during and after use for any negative effects.

All rights reserved © 2017
Phantom 8 Studio UG (haftungsbeschränkt) & Co. KG
Goezeallee 299
14167 Berlin
Germany