EULA – SCANNER SOMBRE

Date of Last Revision: 29 September 2016

IMPORTANT NOTICE:

The following end user licence terms and conditions (“EULA”) apply to all use, download and installation of the each version and iteration of Scanner Sombre (“the Game”) whilst in development, from “alpha” through to “final”, as made available by INTROVERSION.

PLEASE READ THIS EULA CAREFULLY BEFORE USING THE GAME, AS IT EXPLAINS HOW YOU ARE LICENSED TO USE THE GAME (AND ANY IN-APP PURCHASES). IF YOU HAVE QUERIES CONCERNING THIS EULA YOU MAY CONTACT US HERE: SUPPORT@INTROVERSION.CO.UK.

THE PURCHASE, DOWNLOAD, INSTALLATION AND USE OF THE GAME (AND ANY IN-APP PURCHASES), AND THE USE OF OUR WEBSITE ARE ALSO SUBJECT TO OUR PRIVACY AND COOKIE POLICY http://www.introversion.co.uk/introversion/legal/index.html.

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. 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 OR INSTALL THE GAME.

YOU SPECIFICALLY AGREE, ACKNOWLEDGE AND ACCEPT THAT:

• THE GAME IS MADE AVAILABLE “AS IS” AS WORK IN PROGRESS AND AS PART OF AN EARLY ACCESS PROGRAMME FOR EVALUATION AND DEMONSTRATION PURPOSES ONLY, IN ORDER TO ASSESS AND EVALUATE ITS PERFORMANCE INCLUDING THE IDENTIFICATION OF ANY ERRORS OR DEFECTS;
  
• THE GAME MAY (AND LIKELY WILL) CONTAIN DEFECTS AND/OR ERRORS;
  
• THE GAME MAY AND PROBABLY WILL CRASH AND / OR CAUSE DATA LOSS;
  
• YOU USE, DOWNLOAD AND INSTALL THE GAME AT YOUR OWN RISK, KNOWING THAT IT IS PROVIDED AS IS AND WITH FAULTS.
  YOU ARE ADVISED TO BACK-UP AND OTHERWISE SAFEGUARD ALL DATA AND SOFTWARE ON YOUR COMPUTER AND TO NOT RELY ON THE CORRECT FUNCTIONING OR PERFORMANCE OF THE GAME.

We also offer the Game through the Steam platform (“Steam”), which is hosted by Valve S.A.R.L. (in the EU) and Valve Corporation (in the US). That means you need a Steam account to play the Game, and your use of Steam is subject to the Steam Subscriber Agreement, which you can find online here.  The Steam Subscriber Agreement changes from time to time, and if it becomes inconsistent with this EULA then, where there are conflicts, the Steam Subscriber Agreement takes precedence. Steam lets you get a refund for the Game in some cases.  You can find out how on the Steam website here: Steam Refunds.

1. INTRODUCTION

1. This game and any accompanying online or electronic documentation (together the “Game”) has been produced by and is the property of Introversion Software Limited (“Introversion”). Introversion is referred to as “us”, “we”, and “our” in this EULA. Our office is at Winchester House, 3 Winchester Road, Walton On Thames, Surrey KT12 2RH. We are a company registered in England, with company number 04354601.
2. THE TERMS AND CONDITIONS BELOW SET OUT THE AGREEMENT BETWEEN YOU (“you”) AND US FOR THE PURCHASE, DOWNLOAD, INSTALLATION AND USE OF THE GAME (AND ANY IN-APP PURCHASES) SO PLEASE READ THIS CAREFULLY.
3. BY DOWNLOADING AND USING THE GAME YOU ARE AGREEING TO BE BOUND BY AND BECOME A PARTY TO THIS EULA. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS EULA YOU SHOULD NOT PURCHASE, DOWNLOAD OR USE THE GAME.

2. IMPORTANT TERMS

1. ANY USE, REPRODUCTION OR REDISTRIBUTION OF THE GAME EXCEPT IN ACCORDANCE WITH THIS EULA IS EXPRESSLY PROHIBITED.
2. THIS EULA LIMITS OUR LIABILITY AS SET OUT IN CLAUSE 11 BELOW.
3. IF YOU ARE UNDER THE AGE OF 18 YOU MUST GET YOUR PARENT OR GUARDIAN’S PERMISSION TO DOWNLOAD, INSTALL AND USE THE GAME.

3. THIRD PARTY SERVICES

1. We may link to, incorporate or use third party software and services such as social networking or sharing features within the Game. Use of any such software or services is subject to the terms of those third parties, and you agree to comply with any such third party terms and conditions when using the Game.

4. YOUR USE OF THE GAME

1. By downloading and installing the Game, you confirm that you are either over 18 years of age, or if you are under 18 years old, that you are 13 years of age and older and you have obtained your parent or guardian’s consent to download, install and use the Game subject to this EULA which they have read.

5. OWNERSHIP OF THE GAME AND CONTENT

1. All right, title, interest and ownership rights 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 (together “Intellectual Property Rights”) in the Game and the Game content, including but not limited to all musical samples, text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content ("Content") belong to us and/or our licensors. All rights are asserted and reserved, save for those granted under this EULA. The Game or Content may contain licensed materials and our licensors may act to protect their interests in the event of any breach of this EULA.
2. You are not sold the Game or any Content but, subject to your compliance with all conditions of this EULA, we grant you a non-exclusive, personal, revocable, non-transferable licence to use the Game and Content for your lifetime on devices which you own or control and which have the necessary specifications to run and operate the Game.

6. LINKS TO WEBSITES

1. Where we make available links to other websites or apps in the Game, such links are provided for your information and convenience only. We are not responsible for the content or performance of the linked website or app, and you are responsible for reviewing the linked website’s or app’s terms of use.

7. SYSTEM REQUIREMENTS

1. This Game has been developed to work on the latest version of the PC, Mac or Linux platforms at the time of its release. Microsoft, Apple and Linux distro vendors may from time to time update their software, and we will endeavour, but not be obligated, to update the Game if necessary to ensure that its functionality and performance continue with any updated release. It is your obligation to ensure that you are using the latest compatible public release of any mobile operating system.

8. INDEMNITY / COMPENSATION

1. You agree to indemnify (compensate) us and keep us indemnified from and against all claims, damages, expenses, costs and liabilities (including legal fees) relating to or arising from your use of the Game or arising from any breach or suspected breach of this EULA by you or your violation of any law or the rights of any third party.
2. You further agree that we would be irreparably damaged if the terms of this EULA were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this EULA, in addition to such other remedies as we might otherwise have available under applicable laws.
3. Our licensors shall be third party beneficiaries under this EULA and shall have the express right to enforce its provisions and to enjoy the benefits of its protections.

9. TERM AND TERMINATION

1. This EULA takes effect upon your download, installation and/or use of the Game and remains effective until terminated by either of us. You may terminate this EULA at any time by deleting all copies of the Game from devices on which you have installed it. The EULA shall automatically terminate if you fail to comply with any term or condition of this EULA. Upon termination you shall cease all use of the Game and delete all copies of the Game.
2. The following clauses of the EULA shall survive termination: Clause 5 (Ownership), Clause 8 (Indemnity/Compensation), Clause 9 (Term and Termination), Clause 11 (Limitation of Liability) and Clauses 14-19 (General Provisions).

10. SUPPORT AND CONTACTING US

1. The Game is provided “as is”. However if you need any help and support please email support@introversion.co.uk and we shall endeavour to assist you.

11. OUR LIMITATIONS OF LIABILITY

1. THE GAME IS PROVIDED ‘AS IS’ AND ON AN ‘AS AVAILABLE’ BASIS WITHOUT ANY REPRESENTATION, ENDORSEMENT OR WARRANTY OF ANY KIND OTHER THAN THAT IT WILL BE OF SATISFACTORY QUALITY, AS DESCRIBED, AND FIT FOR PURPOSE.
2. WE DO NOT GUARANTEE THAT THE GAME WILL BE (I) FREE OF ERRORS, VIRUSES OR BUGS OR OTHER DEFECTS; OR (II) THAT THE GAME OR ANY INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE GAME OR IN THE ACCOMPANYING DOCUMENTATION WILL BE ACCURATE OR COMPLETE; OR (III) THAT ANY DEFECTS IN THE GAME WILL BE CORRECTED; OR (IV) THAT OPERATION OF THE GAME WILL BE UNINTERRUPTED.
3. YOU ACKNOWLEDGE THAT USE OF THE GAME OR RELIANCE ON ANY SUCH INFORMATION SHALL BE AT YOUR SOLE RISK.
4. NOTHING IN THIS EULA SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR FRAUDULENT MISREPRESENTATIONS OR FOR DEATH OR PERSONAL INJURY RESULTING FROM OUR NEGLIGENCE OR THAT OF OUR EMPLOYEES OR AGENTS.
5. TO THE FULLEST EXTENT PERMISSABLE BY LAW, INCLUDING IN YOUR LOCAL JURISDICTION, WE EXCLUDE ALL OTHER LIABILITY FOR ANY LOSS OR DAMAGE, INCLUDING ANY LIABILTY OR DAMAGE TO ANY DEVICE OR COMPUTER SYSTEM (SAVE TO THE EXTENT THAT DAMAGE TO YOUR DEVICE OR OTHER DIGITAL CONTENT WHICH YOU OWN IS CAUSED BY THE APP AS A RESULT OF OUR FAILURE TO USE REASONABLE CARE AND SKILL IN WHICH CASE YOU MAY BE ENTITLED TO COMPENSATION OR WE MAY BE OBLIGED TO REPAIR YOUR DEVICE).
6. NOTHING IN THIS EULA SHALL LIMIT YOUR STATUTORY CONSUMER RIGHTS.
7. OUR ENTIRE LIABILITY TO YOU, AND TO THE EXTENT WE CAN NOT EXCLUDE IT, WHERE PERMISSABLE BY LAW, SHALL BE LIMITED TO THE PURCHASE PRICE OF THE GAME OR ANY IN-APP PURCHASES MADE FROM US BY YOU IN THE 12 MONTHS IMMEDIATELY PRECEDING THE DATE UPON WHICH THE CAUSE OF ACTION AROSE.

12. RESTRICTIONS

1. You may only use the Game for your personal, private and non-commercial use, and must not:

1. sell, distribute, reproduce, transfer, publically display, translate, modify, adapt, create derivative works from, deconstruct, reverse engineer, decompile or disassemble, rent, lease, loan, sub-license or otherwise deal in copies or reproductions of the Game or Content in any way except as expressly permitted by this EULA;
2. remove, delete, obscure, disable, modify, add to or tamper with any program code or data, copyright, trade mark or other proprietary notices and legends contained on or in the Game or the Content;
3. create software which replicates or mimics any data or functionality in the Game;
4. remove, disable or circumvent any copy protection software contained on or within the Game or Content;
5. use the Game or Content for any illegal or immoral purposes;

2. Notwithstanding clause 12.1 you may reverse engineer, decompile or disassemble the Game only insofar as you are entitled to do so by the Copyright, Designs and Patents Act 1988 or other applicable law.
3. All works or copies of works arising from activities permitted by clause 12.2 shall belong to, vest in and be the exclusive property of us upon creation, and you shall permanently delete all such works in your possession or control immediately once you have concluded those activities.

13. HEALTH AND SAFETY PRECAUTIONS

1. The Game or Content may contain flashing lights, realistic images and simulations.

PLEASE READ THIS NOTICE BEFORE YOU OR YOUR CHILD USE THE SERVICE

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 the Game suffers or has suffered in this way, has a condition which makes this possible or has experienced similar symptoms, please consult a doctor before using the Game. If you or they are already using the Game please stop and consult a doctor.

If you or any part of you feels tired, fatigue or discomfort whilst using the Game 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.

2. PLEASE FOLLOW THESE PRECAUTIONS WHENEVER USING THE SERVICE:

Please do not:

6. sit or stand too close to the screen / monitor but sit or stand a safe distance away;
7. use the Game if you are sick, sleepy, or feel tired, fatigue or discomfort;
8. play in a room that is not well-lit;
9. play for too long at any one time. Please take a 10- to 15-minute break every hour.

3. Notice to parents and carers:

Please observe children whilst they play games. Please ensure that you and they follow the precautions described above. If you or they 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.

14. ENTIRE AGREEMENT

1. This EULA sets out the complete understanding and agreement between us and you in respect of its subject matter and may only be amended or waived in writing by us.

15. NO WAIVER

1. No waiver by us of any failure by you to comply with or perform a provision of this EULA shall constitute a waiver of any preceding or succeeding failure.

16. ASSIGNMENT

1. This EULA is personal to you.  You may not assign, sub-license, transfer or dispose of your rights or obligations under this agreement.

17. CHANGES TO THIS EULA

1. We may change this EULA for any legal, regulatory or security reasons, or for any other reason we decide. We will notify you of any changes and you will be required to accept the changes to continue to use the Game.

18. SEVERANCE

1. If any provisions of this EULA are held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

19. GOVERNING LAW AND JURISDICTION

1. Subject to your local consumer laws, in the event of any dispute between you and us regarding this EULA and/or your use of the Game, the laws of England and Wales will apply. You agree that in the event that we are unable to settle any dispute with you informally, then any court or arbitration proceedings shall be held in England only.