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STUDIO MINUS TERMS OF SERVICE AND END USER LICENSE
AGREEMENT ("EULA")
IMPORTANT - READ CAREFULLY
1.
INSTALLING AND ACCESS
1.1
The terms of this EULA govern the relationship
between you and Studio Minus (hereinafter "Studio Minus " or "Us" or "We") regarding your use of Studio Minus game software and includes any applicable updates applied or activities carried out by Studio Minus to support, maintain and otherwise run the game (the “Game”).
1.2
The Game is licensed, and not sold, and this Agreement confers no title or ownership to the Game or any copy thereof.
1.3
No personal data are being processed by Studio Minus. No personal data are being transferred through or via the Game.
1.4
By creating an account or accessing or using the Game you accept and agree to be bound by this EULA.
1.5
You are responsible for any fees, including internet connection or mobile fees that you incur when accessing the Game.
1.6
If you do not accept the terms of this EULA, do not install, use or access the Game.
2.
OWNERSHIP AND LIMITED LICENSE
2.1
The Game is protected by the intellectual property laws of the Netherlands (including copyright law and trademark law), international treaties and conventions and other laws. Studio Minus grants you the non-exclusive, limited right and license to install and use one copy of the Game solely for your personal use.
2.2
All intellectual property rights in and to the Game (including but not limited to trade names, logo’s, video, audio, computer code, themes, derivative works, titles, objects, characters, character names, stories, dialogs, catch phrases, locations, concepts, artwork, graphics, animation, sounds, musical compositions, audio-visual effects, text, screen displays, methods of operation, moral rights, ‘applets’ incorporated into the Game and any related documentation) and other content incorporated therein) and title to any and all copies thereof are owned by Studio Minus or its licensors, and you receive no right or interest therein other than the limited license in clause 2.1 above.
2.3
Studio Minus owns, has licensed, or otherwise has
rights to use all of the content that
appears in the Game. Notwithstanding any provision
to the contrary herein, you agree that you have
no right or title in or to any content that
appears in the Game. Studio Minus prohibits and does not
recognize any purported transfers of items
effectuated outside of the Game, or the purported sale,
gift or trade in the "real world" of anything that
appears or originates in the Game, unless otherwise
expressly authorized by Studio Minus in writing.
Accordingly, you may not sublicense, trade, sell or
attempt to sell in-game items for "real" money, or
exchange items for value of any kind outside of
the Game and/or its supporting service, without
Studio Minus written permission. Any such transfer
or attempted transfer is prohibited and
void.
3.
UPDATES TO THE EULA
3.1
Studio Minus reserves the right, at our
discretion, to change, modify, add or remove
portions of the EULA at any time by updating any
relevant urls. You may also be given additional
notice, such as an e-mail message or messaging
within the Game, of any changes. You will be
deemed to have accepted such changes by continuing
to use the Game and all amended terms shall
automatically be effective 30 days after they are
initially posted.
3.2
If at any point you do not agree to any portion of
the then-current version of the EULA,
your license to use the Game shall immediately
terminate and you must immediately stop using the
Service.
3.3
To the extent the EULA of Studio Minus conflict
with any other terms, policies, rules or
codes of conduct of other parties, the terms
contained in the EULA of Studio Minus shall govern.
4.
LICENSE RESTRICTIONS
4.1
You agree to only use the Game, in accordance with
this license.
4.2
Studio Minus may revoke your license to access
some features or all features of the
Game if you violate or assist others in violating,
the license limitations set forth below. You shall not:
5.
COMMUNICATION SERVICES AND USER GENERATED
CONTENT
5.1
Studio Minus may provide chat or other
communication features as part of the support
services for the Game. You agree that you will
not:
-
Post or make available any information/content
that is abusive, threatening, obscene,
defamatory, libellous, or racially, sexually,
religiously, or otherwise objectionable or
offensive.
-
Post or make available any information/content
that contains nudity, excessive violence, or
offensive subject matter or that contains a link
to such content.
-
Attempt to, or harass, abuse, or harm, or advocate
or incite harassment, abuse or harm of
another person, group, including Studio Minus
employees, including Studio Minus customer
service representatives.
-
Make available any material or information that
infringes any copyright, trademark, patent,
trade secret, right of privacy, right of
publicity, or other right of any person or entity or
impersonates any other person.
-
Transmit unauthorized communications, including
junk mail, chain letters, spam and any
materials that promote malware, spyware and
downloadable items.
-
Solicit or attempt to solicit personal information
from other users of the Game.
-
Collect, harvest or post anyone's private
information, including personally identifiable
information (whether in text, image or video
form), identification documents, or financial
information through the Game.
5.2
If Studio Minus asks for users to set up an
account or log-in for the Game or any support
features of the Game the above restrictions set
out in clause 5.1 shall also apply to any user name or
account information.
5.3
If the Game allows for the sharing of any user
generated content relating to the Game
(“UGC”) the above restrictions set out in clause
5.1 shall also apply to such UGC.
5.4
You are entirely responsible for all UGC you post
or otherwise transmit via the Game.
Studio Minus assumes no responsibility for the
conduct of any user submitting any UGC, and
assumes no responsibility for monitoring the Game
for inappropriate or illegal content or conduct.
5.5
We have no obligation to monitor UGC or
communication services. If We choose at any
time, in our sole discretion, to monitor the Game
or any associated communication services, we have
the right, in our sole discretion, to edit, refuse
to post, or remove any UGC or post and we may
monitor and/or record your interaction with the
Game or communications (including without
limitation chat text and voice communications)
when you are using the Game. By entering into this
EULA, you hereby provide your irrevocable consent
to such monitoring and recording.
6.
GAME UPDATES AND PATCHES
6.1
From time to time Studio Minus may provide
updates, patches and other modifications
to the Game that must be installed for the user to
continue to play the Game properly or at all.
Studio Minus may update, patch or modify the Game
remotely and access the Game residing on your
device for such purpose, and you hereby grant to
Studio Minus the right to deploy and apply such
patches, updates and modifications. ll provisions
of this agreement that refer to ‘Game’ shall also
include such patches, updates and
modifications.
7.
LIMITED WARRANTY
7.1
Use of the Game is at your sole risk and is
provided on an "as is" basis without warranties
of any kind, either express or implied, including,
but not limited to, warranties of title or implied
warranties of non-infringement, satisfactory
quality or fitness for a particular purpose (except only to
the extent prohibited under applicable law or with
any legally required warranty period to the
shorter of thirty days from first use or the
minimum period required).
7.2
Without limiting clause 9.1, neither Studio Minus
or its Affiliates, or any of their
directors, employees, agents, attorneys,
third-party content providers, distributors, licensees or
licensors warrant that the Game and any supporting
service relating to the Game will be
uninterrupted or error-free.
8.
LIMITATION ON DAMAGES
8.1
To the maximum extent permitted by law, studio
minus shall not be liable to you for any
indirect, incidental, consequential, special,
punitive or other similar damages, including but not
limited to loss of revenues, lost profits, lost
data or business interruption or other intangible losses
(however such losses are qualified), arising out
of or relating in any way to your use of the game
and/or related services, whether based on
contract, tort or any other legal theory, and whether or
not studio minus has been advised of the
possibility of such damages.
8.2
You further specifically acknowledge that studio
minus is not liable, and you agree not to
seek to hold studio minus liable, for the conduct
of third parties, including other users of the game
and operators of external sites, and that the risk
of the game and external sites and of injury from
the foregoing rests entirely with you.
8.3
To the extent permissible under applicable laws,
under no circumstances will studio
minus be liable to you for more than the amount
you have paid for the game in the six (6) months
immediately preceding the date on which you first
assert any such claim. You acknowledge and agree
that if you have not paid any amounts for the game
in the six (6) months immediately preceding the
date on which you first assert any such claim,
your sole and exclusive remedy for any dispute is to
stop using game and related services.
8.4
Some jurisdictions do not allow the exclusion of
certain warranties or the limitation or
exclusion of liability for certain types of
damages. Therefore, some of the above limitations may not
apply to you. In particular, nothing in these
terms shall affect the statutory rights of any consumer or
exclude or restrict any liability for death or
personal injury arising from any negligence or fraud of
Studio Minus.
9.
TERMINATION
9.1
Without prejudice to any other rights of Studio
Minus, the license shall remain in effect
for as long as you use, operate or run the Game.
This Agreement will terminate automatically if you
fail to comply with its terms and conditions. In
such event, you must uninstall and destroy all copies
of the Game and all of its component parts. You
may also terminate this Agreement (and License) at
any time by destroying the Game and uninstalling
it from your applicable hardware device. The
sections entitled ‘Ownership and Limited License’,
‘License Restrictions’, Communication Services
and User Generated Content, and ‘Limitations on
Damages’, ‘Termination’, ‘Injunction’, ‘Indemnity’
and ‘Miscellaneous shall survive any termination
of this Agreement.
9.2
Studio Minus reserves the right to stop offering
and/or supporting the Game or stop any
service that supports or maintains the Game at any
time either permanently or temporarily, at which
point your license to use the Game or a part
thereof (or that part of the supporting service) will be
automatically terminated or suspended. In such
event, Studio Minus shall not be required to provide
refunds, benefits or other compensation to users
in connection with such discontinued elements of
the Game and/or its supporting service.
10.
INJUNCTION
10.1
As Studio Minus would be irreparably damaged if
the terms of this Agreement were not
specifically enforced, you agree that Studio Minus
shall be entitled, without bond, other security or
proof of damages, to appropriate equitable
remedies with respect to breaches of this Agreement, in
addition to such other remedies as Studio Minus
may otherwise have under applicable laws.
11.
INDEMNITY
11.1
You agree to indemnify, defend and hold harmless
Studio Minus, its partners, affiliates,
contractors, officers, directors, employees and
agents harmless from all claims, damages, losses and
expenses (including reasonable legal fees) arising
directly or indirectly from your acts or omissions to
act in using the Game and/or it’s related services
pursuant to the terms of this Agreement.
12.
MISCELLANEOUS
12.1
This Agreement represents the complete agreement
concerning this license between
the parties and supersedes all prior agreements
and representations between them.
12.2
It may be amended only by a writing executed by
both parties.
12.3
If any provision of this Agreement is held to be
unenforceable for any reason, such
provision shall be reformed only to the extent
necessary to make it enforceable and the remaining
provisions of this Agreement shall not be
affected.
12.4
Studio Minus shall not be liable for any delay or
failure to perform resulting from causes
outside the reasonable control of Studio Minus,
including without limitation any failure to perform
hereunder due to unforeseen circumstances or cause
beyond Studio Minus control such as acts of
God, war, terrorism, riots, embargoes, acts of
civil or military authorities, fire, floods, accidents,
network infrastructure failures, strikes, or
shortages of transportation facilities, fuel, energy, labour
or materials.
12.5
This Agreement shall be governed by and construed
in accordance with the laws of the
Netherlands and you consent to the exclusive
jurisdiction of the courts of Den Bosch, the
Netherlands.
If you have any questions concerning this license,
you may contact Studio Minus at
[email protected]
AGREEMENT ("EULA")
IMPORTANT - READ CAREFULLY
1.
INSTALLING AND ACCESS
1.1
The terms of this EULA govern the relationship
between you and Studio Minus (hereinafter "Studio Minus " or "Us" or "We") regarding your use of Studio Minus game software and includes any applicable updates applied or activities carried out by Studio Minus to support, maintain and otherwise run the game (the “Game”).
1.2
The Game is licensed, and not sold, and this Agreement confers no title or ownership to the Game or any copy thereof.
1.3
No personal data are being processed by Studio Minus. No personal data are being transferred through or via the Game.
1.4
By creating an account or accessing or using the Game you accept and agree to be bound by this EULA.
1.5
You are responsible for any fees, including internet connection or mobile fees that you incur when accessing the Game.
1.6
If you do not accept the terms of this EULA, do not install, use or access the Game.
2.
OWNERSHIP AND LIMITED LICENSE
2.1
The Game is protected by the intellectual property laws of the Netherlands (including copyright law and trademark law), international treaties and conventions and other laws. Studio Minus grants you the non-exclusive, limited right and license to install and use one copy of the Game solely for your personal use.
2.2
All intellectual property rights in and to the Game (including but not limited to trade names, logo’s, video, audio, computer code, themes, derivative works, titles, objects, characters, character names, stories, dialogs, catch phrases, locations, concepts, artwork, graphics, animation, sounds, musical compositions, audio-visual effects, text, screen displays, methods of operation, moral rights, ‘applets’ incorporated into the Game and any related documentation) and other content incorporated therein) and title to any and all copies thereof are owned by Studio Minus or its licensors, and you receive no right or interest therein other than the limited license in clause 2.1 above.
2.3
Studio Minus owns, has licensed, or otherwise has
rights to use all of the content that
appears in the Game. Notwithstanding any provision
to the contrary herein, you agree that you have
no right or title in or to any content that
appears in the Game. Studio Minus prohibits and does not
recognize any purported transfers of items
effectuated outside of the Game, or the purported sale,
gift or trade in the "real world" of anything that
appears or originates in the Game, unless otherwise
expressly authorized by Studio Minus in writing.
Accordingly, you may not sublicense, trade, sell or
attempt to sell in-game items for "real" money, or
exchange items for value of any kind outside of
the Game and/or its supporting service, without
Studio Minus written permission. Any such transfer
or attempted transfer is prohibited and
void.
3.
UPDATES TO THE EULA
3.1
Studio Minus reserves the right, at our
discretion, to change, modify, add or remove
portions of the EULA at any time by updating any
relevant urls. You may also be given additional
notice, such as an e-mail message or messaging
within the Game, of any changes. You will be
deemed to have accepted such changes by continuing
to use the Game and all amended terms shall
automatically be effective 30 days after they are
initially posted.
3.2
If at any point you do not agree to any portion of
the then-current version of the EULA,
your license to use the Game shall immediately
terminate and you must immediately stop using the
Service.
3.3
To the extent the EULA of Studio Minus conflict
with any other terms, policies, rules or
codes of conduct of other parties, the terms
contained in the EULA of Studio Minus shall govern.
4.
LICENSE RESTRICTIONS
4.1
You agree to only use the Game, in accordance with
this license.
4.2
Studio Minus may revoke your license to access
some features or all features of the
Game if you violate or assist others in violating,
the license limitations set forth below. You shall not:
Copy the Game and/or its content except as
permitted under this licence.
Use the Game, or permit use of the Game, in a
network, multi-user arrangement or remote access
arrangement, including any online use except as
otherwise allowed as a non-commercial private
feature of the Game and/or explicitly permitted by
Studio Minus.
Make copies of the Game or any part thereof,
except that you may make one copy of the Game for
backup or archival purposes, or make copies of the
materials accompanying the Game for non-
commercial backup and reference only.
Sell, rent, lease, license, distribute, upload
or otherwise transfer or make available to any other
person the Game, in whole or in part, or use the
Game or any part thereof in any commercial
context, including but not limited to using in a
service bureau, "cyber cafe", computer gaming centre
or any other commercial location in which multiple
users may access the Game without the express
prior written consent of Studio Minus. If required
Studio Minus may offer a separate site license
agreement to permit you to make the Game available
for commercial use; see the contact
information below.
Reverse engineer, derive source code, modify,
decompile, disassemble, or create derivative works
of the Game, in whole or in part.
Remove, disable or circumvent any proprietary
notices or labels contained on or within the Game.
Export or re-export the Game or any copy or
adaptation in violation of any applicable laws or
regulations.
Create data or executable programs that mimic
data or functionality in the Game.
Create, use, offer, advertise, make available
and/or distribute any so called "cheats" that influence
and/or facilitate gameplay, including exploits of
any in-game bugs, and thereby grant you and/or any
other user an advantage over other players not
using such methods.
Create, use, offer, advertise, make available
and/or distribute any so called "hack" that accesses or
modifies the software the Game in a manner not
expressly authorised by Studio Minus.
Create, use, offer, advertise, make available
and/or distribute any code or software not expressly
authorized by Studio Minus, that can be used in
connection with, the Game, and/or any component
or feature thereof which changes and/or
facilitates the gameplay.
Make improper use of Studio Minus support
services, including by submitting false abuse reports or
using profane and abusive language in your
communications with our support personnel.
Disrupt, overburden, or aid or assist in the
disruption or overburdening of any computer or server
used to support the Game or in any type of attack,
including without limitation distribution of a virus,
denial of service attacks, or other attempts to
disrupt the Game or any other person's use or
enjoyment of the Game.
Use the Service or any part thereof for any
commercial purpose without Studio Minus consent in
writing, including but not limited communicating
or facilitating any commercial advertisement or
solicitation, or gathering or transferring items
for sale.
Use any unauthorized third party software that
accesses, intercepts, "mines", or otherwise collects
information from or through the support services
relating to the Game or that is in transit from or to
the Game, including, without limitation, any
software that reads areas of RAM or streams of network
traffic used by the Game to store information
about Studio Minus game content. Studio Minus may,
at its sole and absolute discretion, allow the use
of certain third party user interfaces.
5.
COMMUNICATION SERVICES AND USER GENERATED
CONTENT
5.1
Studio Minus may provide chat or other
communication features as part of the support
services for the Game. You agree that you will
not:
-
Post or make available any information/content
that is abusive, threatening, obscene,
defamatory, libellous, or racially, sexually,
religiously, or otherwise objectionable or
offensive.
-
Post or make available any information/content
that contains nudity, excessive violence, or
offensive subject matter or that contains a link
to such content.
-
Attempt to, or harass, abuse, or harm, or advocate
or incite harassment, abuse or harm of
another person, group, including Studio Minus
employees, including Studio Minus customer
service representatives.
-
Make available any material or information that
infringes any copyright, trademark, patent,
trade secret, right of privacy, right of
publicity, or other right of any person or entity or
impersonates any other person.
-
Transmit unauthorized communications, including
junk mail, chain letters, spam and any
materials that promote malware, spyware and
downloadable items.
-
Solicit or attempt to solicit personal information
from other users of the Game.
-
Collect, harvest or post anyone's private
information, including personally identifiable
information (whether in text, image or video
form), identification documents, or financial
information through the Game.
5.2
If Studio Minus asks for users to set up an
account or log-in for the Game or any support
features of the Game the above restrictions set
out in clause 5.1 shall also apply to any user name or
account information.
5.3
If the Game allows for the sharing of any user
generated content relating to the Game
(“UGC”) the above restrictions set out in clause
5.1 shall also apply to such UGC.
5.4
You are entirely responsible for all UGC you post
or otherwise transmit via the Game.
Studio Minus assumes no responsibility for the
conduct of any user submitting any UGC, and
assumes no responsibility for monitoring the Game
for inappropriate or illegal content or conduct.
5.5
We have no obligation to monitor UGC or
communication services. If We choose at any
time, in our sole discretion, to monitor the Game
or any associated communication services, we have
the right, in our sole discretion, to edit, refuse
to post, or remove any UGC or post and we may
monitor and/or record your interaction with the
Game or communications (including without
limitation chat text and voice communications)
when you are using the Game. By entering into this
EULA, you hereby provide your irrevocable consent
to such monitoring and recording.
6.
GAME UPDATES AND PATCHES
6.1
From time to time Studio Minus may provide
updates, patches and other modifications
to the Game that must be installed for the user to
continue to play the Game properly or at all.
Studio Minus may update, patch or modify the Game
remotely and access the Game residing on your
device for such purpose, and you hereby grant to
Studio Minus the right to deploy and apply such
patches, updates and modifications. ll provisions
of this agreement that refer to ‘Game’ shall also
include such patches, updates and
modifications.
7.
LIMITED WARRANTY
7.1
Use of the Game is at your sole risk and is
provided on an "as is" basis without warranties
of any kind, either express or implied, including,
but not limited to, warranties of title or implied
warranties of non-infringement, satisfactory
quality or fitness for a particular purpose (except only to
the extent prohibited under applicable law or with
any legally required warranty period to the
shorter of thirty days from first use or the
minimum period required).
7.2
Without limiting clause 9.1, neither Studio Minus
or its Affiliates, or any of their
directors, employees, agents, attorneys,
third-party content providers, distributors, licensees or
licensors warrant that the Game and any supporting
service relating to the Game will be
uninterrupted or error-free.
8.
LIMITATION ON DAMAGES
8.1
To the maximum extent permitted by law, studio
minus shall not be liable to you for any
indirect, incidental, consequential, special,
punitive or other similar damages, including but not
limited to loss of revenues, lost profits, lost
data or business interruption or other intangible losses
(however such losses are qualified), arising out
of or relating in any way to your use of the game
and/or related services, whether based on
contract, tort or any other legal theory, and whether or
not studio minus has been advised of the
possibility of such damages.
8.2
You further specifically acknowledge that studio
minus is not liable, and you agree not to
seek to hold studio minus liable, for the conduct
of third parties, including other users of the game
and operators of external sites, and that the risk
of the game and external sites and of injury from
the foregoing rests entirely with you.
8.3
To the extent permissible under applicable laws,
under no circumstances will studio
minus be liable to you for more than the amount
you have paid for the game in the six (6) months
immediately preceding the date on which you first
assert any such claim. You acknowledge and agree
that if you have not paid any amounts for the game
in the six (6) months immediately preceding the
date on which you first assert any such claim,
your sole and exclusive remedy for any dispute is to
stop using game and related services.
8.4
Some jurisdictions do not allow the exclusion of
certain warranties or the limitation or
exclusion of liability for certain types of
damages. Therefore, some of the above limitations may not
apply to you. In particular, nothing in these
terms shall affect the statutory rights of any consumer or
exclude or restrict any liability for death or
personal injury arising from any negligence or fraud of
Studio Minus.
9.
TERMINATION
9.1
Without prejudice to any other rights of Studio
Minus, the license shall remain in effect
for as long as you use, operate or run the Game.
This Agreement will terminate automatically if you
fail to comply with its terms and conditions. In
such event, you must uninstall and destroy all copies
of the Game and all of its component parts. You
may also terminate this Agreement (and License) at
any time by destroying the Game and uninstalling
it from your applicable hardware device. The
sections entitled ‘Ownership and Limited License’,
‘License Restrictions’, Communication Services
and User Generated Content, and ‘Limitations on
Damages’, ‘Termination’, ‘Injunction’, ‘Indemnity’
and ‘Miscellaneous shall survive any termination
of this Agreement.
9.2
Studio Minus reserves the right to stop offering
and/or supporting the Game or stop any
service that supports or maintains the Game at any
time either permanently or temporarily, at which
point your license to use the Game or a part
thereof (or that part of the supporting service) will be
automatically terminated or suspended. In such
event, Studio Minus shall not be required to provide
refunds, benefits or other compensation to users
in connection with such discontinued elements of
the Game and/or its supporting service.
10.
INJUNCTION
10.1
As Studio Minus would be irreparably damaged if
the terms of this Agreement were not
specifically enforced, you agree that Studio Minus
shall be entitled, without bond, other security or
proof of damages, to appropriate equitable
remedies with respect to breaches of this Agreement, in
addition to such other remedies as Studio Minus
may otherwise have under applicable laws.
11.
INDEMNITY
11.1
You agree to indemnify, defend and hold harmless
Studio Minus, its partners, affiliates,
contractors, officers, directors, employees and
agents harmless from all claims, damages, losses and
expenses (including reasonable legal fees) arising
directly or indirectly from your acts or omissions to
act in using the Game and/or it’s related services
pursuant to the terms of this Agreement.
12.
MISCELLANEOUS
12.1
This Agreement represents the complete agreement
concerning this license between
the parties and supersedes all prior agreements
and representations between them.
12.2
It may be amended only by a writing executed by
both parties.
12.3
If any provision of this Agreement is held to be
unenforceable for any reason, such
provision shall be reformed only to the extent
necessary to make it enforceable and the remaining
provisions of this Agreement shall not be
affected.
12.4
Studio Minus shall not be liable for any delay or
failure to perform resulting from causes
outside the reasonable control of Studio Minus,
including without limitation any failure to perform
hereunder due to unforeseen circumstances or cause
beyond Studio Minus control such as acts of
God, war, terrorism, riots, embargoes, acts of
civil or military authorities, fire, floods, accidents,
network infrastructure failures, strikes, or
shortages of transportation facilities, fuel, energy, labour
or materials.
12.5
This Agreement shall be governed by and construed
in accordance with the laws of the
Netherlands and you consent to the exclusive
jurisdiction of the courts of Den Bosch, the
Netherlands.
If you have any questions concerning this license,
you may contact Studio Minus at
[email protected]