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END USER LICENSE AGREEMENT
Last updated 2017-14-07
IMPORTANT, PLEASE READ THIS CAREFULLY!
BY DOWNLOADING, INSTALLING, OR OTHERWISE USING THIS GAME, YOU AGREE TO BE BOUND BY THE FOLLOWING
TERMS AND CONDITIONS:
This end-user license agreement (“EULA”) is a legal agreement between you (hereinafter referred
to as “you”, or “End User”) and Last Level & Soff Games (hereinafter referred
to as the Company) for the software product - the game for PC “Next Day: Survival” (the Game) which this EULA is accompanying, all related software (such as editors) and all in-game content,
any updates or additional content (such as patches, downloadable content (“DLC”) and
expansions), manuals, and other materials in any media related to the software, including the
unique alfa-numeric code for downloading the software product which may be provided to you
with the software product or delivered to you electronically (all jointly, the “Game”). If you do
not agree to the terms of this EULA, do not install or use the Game, instead contact your retailer
regarding its return policy.
This Game is licensed, not sold, to you for use only under the terms and conditions of this EULA.
All rights not expressly granted herein are reserved by Last Level & Soff Games.
You agree that your use of the Game acknowledges that you have read this EULA, understand
it, and agree to be bound by its terms and conditions, including the provisions in Section 5 on
collection of information, and that you represent and warrant that you are an adult and are
either accepting this EULA on behalf of yourself or on behalf of your child or ward, as the case
may be. If you have not attained the age of majority, you must obtain the necessary permission
in the form required by law from your parents or other legal representatives.
Use of this Game may require you to download and use a separate third party platform (such
as Steam) under the terms and conditions applicable by the third party platform
holder. Such terms and conditions may or may not restrict any of the rights granted to you in
relation to the Game under this EULA.
1. Grant of License.
THIS GAME IS LICENSED TO YOU, NOT SOLD. Ownership to the Game and all intellectual property
rights in and to it remains at all times the property of Last Level & Soff Games and, as applicable, its licensors.
Subject to your compliance with the terms and conditions of the Agreement, Last Level & Soff Games hereby
grant you a non-exclusive, non-transferable, limited, fully revocable right and license to install,
access and use (and to let members of your family or household to use) the Game on your
personal computer, strictly for non-commercial purposes only. You may install the Game on
different computers, but may only run the Game on one computer at a time.
2. Permitted use
In addition to installing and playing the Game on your personal computer, you may also, under
the terms of this EULA:
i) Create and make publicly available so called “Let´s Play Videos” containing the images
and sounds of the Game through the social media channels such as Twitch.tv and
Youtube.com etc., whether monetized or not. Soundtracks may only be made publicly
available in the context of a Let´s Play Video. In relation to any Let´s Play Video, the
following copyright notice must be displayed prominently:
“Last Level & Soff Games http://nextdaymmo.com/”. If soundtracks from the Game
are used, the artist and/or composer of each soundtrack must be credited as well.
The extent of this permission is subject to change from time to time and may be
withdrawn at Last Level & Soff Games sole discretion. Some soundtracks may also be exempt from this
permitted use.
ii) Make copies of the Game as may be necessary for backup and archival purposes.
3. Prohibited use
Unless otherwise provided in this EULA, you shall not
i) Remove or alter any copyright or trade mark notices on any and all copies of the
Game;
ii) Copy, rent, lend, lease, sublicense or distribute the Game other than as may be
permitted according to applicable law;
iii) Remove, disable or circumvent any security protections such as digital rights
management, proprietary notices or labels contained on or within the Game;
iv) Modify, adapt, translate, reverse engineer, derive source code from, disassemble,
decompile or create derivative works of the Game, other than may be permitted
according to applicable law;
v) Use, develop, distribute or sell cheats, automation software (bots), hacks or any
other unauthorized third-party software designed to modify the Game;
vi) Exploit the Game or any of its parts for any commercial purpose, including without
limitation: (a) use at a cyber café, computer gaming center or any other location based
site and/or (b) performing in-game services in exchange for payment
outside the Game, e.g., power-leveling; or
vii) Otherwise use the Game in a way which is not in compliance with all applicable
laws.
4. User Generated Content
Some of the Company’s Games allows you to create and make available to other users your own
created content (“User Generated Content” or “UGC”). You hereby grant the Company and its
affiliates a nonexclusive, irrevocable, royalty-free, sublicensable, perpetual right to use,
reproduce, modify, create derivative works from, distribute, transmit, broadcast, and otherwise
communicate, publicly display and publicly perform your UGC, and derivative works of your UGC,
in connection with the operation and promotion of the Game.
Last Level & Soff Games are under no obligation to use, distribute or continue to distribute UGC, and
you understand that the Company may restrict, or remove, your UGC for any reason.
You represent and warrant that the UGC, and your grant of rights in such UGC, does not violate
any applicable contract, law or regulation, and that the UGC is your original work and does not
infringe any third party´s intellectual property rights or any other rights.
Company specifically disclaims any liability with regard to User Generated Content.
Anyone who believes that their original work has been reproduced as UGC through one of our
Games in a way that constitutes copyright infringement may notify us by sending an email to
[email protected]
5. Collection of Information
Company may collect information from you when you use the Game. Such information includes
your SteamID, computer configuration, gameplay behavior and progress, browser type, platform
type and software usage. This information is gathered periodically to facilitate the provision of
software updates, product support and other services related to the Game.
Company may use any collected information to improve its products, administer the Game,
analyze trends, or to provide services to you. In addition, Company may use this information for
the purpose of research, development, administration, support and marketing of Company
products and services. For more information, please see Privacy Policy that is included as a part in full EULA available at
http://nextdaymmo.com/forum/
6. Support Services
From time to time, at Company’s sole discretion, Company may provide you with technical support
and community management services related to the Game (“Support Services”). Company
reserves the right to alter, suspend, and terminate the Support Services at any time and for any
reason. You can contact Company for Support Services at [email protected] or
http://nextdaymmo.com/forum/
7. Patches, Updates and Changes
You acknowledge and accept that from time to time, Company may patch or update the Game for
the purpose of resolving software bugs or other issues, rebalancing the Game or adding and/or
removing features in the Game.
8. Termination
This License is effective until terminated.
You may terminate it at any time by destroying the Game with all copies, full or partial, and
removing all of its component parts.
Without prejudice to any other rights, Company may terminate this EULA if you fail to comply with
the terms and conditions of this EULA. You shall then cease all use of the Game and destroy all
copies, modifications, printed or written materials, and merged portions in any form and remove
all component parts of the Game which have been downloaded to your unit.
9. Limited Warranty
This limited warranty is in addition to, and does not affect, those of your statutory rights which
cannot be excluded or limited in any way under applicable law.
Company warrants that the Game will provide the features and functions generally described in
the product specification on http://nextdaymmo.com/ at the time of your purchase and in the
product documentation.
LAST LEVEL & SOFF GAMES DOES NOT WARRANT THAT THE GAME OR YOUR ABILITY TO USE IT WILL BE
UNINTERRUPTED OR ERROR-FREE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE
DISCLAIM ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE.
10. Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall Company, its affiliates or
licensees, be liable for any special, incidental, indirect, or consequential damages whatsoever
(including, without limitation, damages for loss of business profits, business interruption, loss of
business information, or any other pecuniary loss) arising out of the use of or inability to use the
Game or defect in or caused by the Game, including but not limited to compromising the security
of your unit on which the Game is run, operating system or files, or the provision of or failure to
provide Support services, even if Company has been advised of the possibility of such damages.
Nothing in this EULA limits our liability to you in the event of death or personal injury resulting
from gross negligence, fraud, or knowing misrepresentation on our part.
11. Third-Party Services.
Company is using EasyAntiCheat anti-cheat service (“EasyAntiCheat”), which is operated by a third-party service provider offering services to Company. EasyAntiCheat has a client software (“Client”) that is integrated into the Application. When you start a new Game session the Client will automatically load and install its latest version to the Device (“User computer”, “User mobile device”). When you are using the Application on your Device EasyAntiCheat is monitoring the Device, analyzing the Game binaries and scanning the memory of the Device for the purpose of detecting and preventing cheating in the Game (“Purpose”). For the Purpose EasyAntiCheat is storing information regarding cheating methods used in the Game (“Data”). By installing, copying, or otherwise using this Application, you give your consent that EasyAntiCheat may gather, store, share and publish Data for the sole purpose of the Purpose. The Data will be used solely for the Purpose including but not limited to identifying and banning players who are cheating in computer games, analyzing cheating behavior and cheating codes as well as sharing data about cheats with affiliates of EasyAntiCheat. You are entitled to use the Game (i.e. Software Product, Application) only in accordance with these terms and conditions and privacy statement of EasyAntiCheat.
12. Governing Law.
You agree that this EULA shall be deemed to have been made and executed in Russia and any
dispute arising under this EULA shall be resolved in accordance with the laws of Russia,
excluding the law of conflicts and the Convention on Contracts for the International Sale of
Goods.
13. Dispute Resolution.
Most concerns regarding this EULA or the Game (“Disputes”) can be resolved by contacting
Company at http://nextdaymmo.com/contacts. Therefore, you agree to first attempt to negotiate
any Dispute informally with Company for at least thirty (30) days before initiating any court
proceeding. Should the Dispute not be resolved by informal negotiations, you agree, to the extent
permitted by applicable law, to the exclusive personal and subject matter jurisdiction of the
courts located in Saint-Petersburg, Russia, for making and resolving any such claims, and hereby waive
any right to participate in any type of law suit brought and/or maintained as a class action or
similar in nature to a class action.
14. Update of these terms.
We may amend this EULA from time to time by posting a prominent notice on our web site. Your
continued use of the Game after changes are posted means you agree to be legally bound by the
EULA as updated and amended.
15. Severability.
If for any reason a court of competent jurisdiction finds any provision, or portion thereof, of this
EULA to be unenforceable, the remainder of this EULA shall continue in full force and effect.
16. Contact us.
If you have a question regarding this EULA, or want to give us feedback about it, please contact
us at http://nextdaymmo.com/contacts.
THIS EULA IS APPLICABLE ONLY TO THE EXTENT AUTHORIZED BY LAW, ESPECIALLY CONSUMER
PROTECTION LAWS.
Last Level & Soff Games LLC, Saint-Petersburg, Russian Federation.
Last updated 2017-14-07
IMPORTANT, PLEASE READ THIS CAREFULLY!
BY DOWNLOADING, INSTALLING, OR OTHERWISE USING THIS GAME, YOU AGREE TO BE BOUND BY THE FOLLOWING
TERMS AND CONDITIONS:
This end-user license agreement (“EULA”) is a legal agreement between you (hereinafter referred
to as “you”, or “End User”) and Last Level & Soff Games (hereinafter referred
to as the Company) for the software product - the game for PC “Next Day: Survival” (the Game) which this EULA is accompanying, all related software (such as editors) and all in-game content,
any updates or additional content (such as patches, downloadable content (“DLC”) and
expansions), manuals, and other materials in any media related to the software, including the
unique alfa-numeric code for downloading the software product which may be provided to you
with the software product or delivered to you electronically (all jointly, the “Game”). If you do
not agree to the terms of this EULA, do not install or use the Game, instead contact your retailer
regarding its return policy.
This Game is licensed, not sold, to you for use only under the terms and conditions of this EULA.
All rights not expressly granted herein are reserved by Last Level & Soff Games.
You agree that your use of the Game acknowledges that you have read this EULA, understand
it, and agree to be bound by its terms and conditions, including the provisions in Section 5 on
collection of information, and that you represent and warrant that you are an adult and are
either accepting this EULA on behalf of yourself or on behalf of your child or ward, as the case
may be. If you have not attained the age of majority, you must obtain the necessary permission
in the form required by law from your parents or other legal representatives.
Use of this Game may require you to download and use a separate third party platform (such
as Steam) under the terms and conditions applicable by the third party platform
holder. Such terms and conditions may or may not restrict any of the rights granted to you in
relation to the Game under this EULA.
1. Grant of License.
THIS GAME IS LICENSED TO YOU, NOT SOLD. Ownership to the Game and all intellectual property
rights in and to it remains at all times the property of Last Level & Soff Games and, as applicable, its licensors.
Subject to your compliance with the terms and conditions of the Agreement, Last Level & Soff Games hereby
grant you a non-exclusive, non-transferable, limited, fully revocable right and license to install,
access and use (and to let members of your family or household to use) the Game on your
personal computer, strictly for non-commercial purposes only. You may install the Game on
different computers, but may only run the Game on one computer at a time.
2. Permitted use
In addition to installing and playing the Game on your personal computer, you may also, under
the terms of this EULA:
i) Create and make publicly available so called “Let´s Play Videos” containing the images
and sounds of the Game through the social media channels such as Twitch.tv and
Youtube.com etc., whether monetized or not. Soundtracks may only be made publicly
available in the context of a Let´s Play Video. In relation to any Let´s Play Video, the
following copyright notice must be displayed prominently:
“Last Level & Soff Games http://nextdaymmo.com/”. If soundtracks from the Game
are used, the artist and/or composer of each soundtrack must be credited as well.
The extent of this permission is subject to change from time to time and may be
withdrawn at Last Level & Soff Games sole discretion. Some soundtracks may also be exempt from this
permitted use.
ii) Make copies of the Game as may be necessary for backup and archival purposes.
3. Prohibited use
Unless otherwise provided in this EULA, you shall not
i) Remove or alter any copyright or trade mark notices on any and all copies of the
Game;
ii) Copy, rent, lend, lease, sublicense or distribute the Game other than as may be
permitted according to applicable law;
iii) Remove, disable or circumvent any security protections such as digital rights
management, proprietary notices or labels contained on or within the Game;
iv) Modify, adapt, translate, reverse engineer, derive source code from, disassemble,
decompile or create derivative works of the Game, other than may be permitted
according to applicable law;
v) Use, develop, distribute or sell cheats, automation software (bots), hacks or any
other unauthorized third-party software designed to modify the Game;
vi) Exploit the Game or any of its parts for any commercial purpose, including without
limitation: (a) use at a cyber café, computer gaming center or any other location based
site and/or (b) performing in-game services in exchange for payment
outside the Game, e.g., power-leveling; or
vii) Otherwise use the Game in a way which is not in compliance with all applicable
laws.
4. User Generated Content
Some of the Company’s Games allows you to create and make available to other users your own
created content (“User Generated Content” or “UGC”). You hereby grant the Company and its
affiliates a nonexclusive, irrevocable, royalty-free, sublicensable, perpetual right to use,
reproduce, modify, create derivative works from, distribute, transmit, broadcast, and otherwise
communicate, publicly display and publicly perform your UGC, and derivative works of your UGC,
in connection with the operation and promotion of the Game.
Last Level & Soff Games are under no obligation to use, distribute or continue to distribute UGC, and
you understand that the Company may restrict, or remove, your UGC for any reason.
You represent and warrant that the UGC, and your grant of rights in such UGC, does not violate
any applicable contract, law or regulation, and that the UGC is your original work and does not
infringe any third party´s intellectual property rights or any other rights.
Company specifically disclaims any liability with regard to User Generated Content.
Anyone who believes that their original work has been reproduced as UGC through one of our
Games in a way that constitutes copyright infringement may notify us by sending an email to
[email protected]
5. Collection of Information
Company may collect information from you when you use the Game. Such information includes
your SteamID, computer configuration, gameplay behavior and progress, browser type, platform
type and software usage. This information is gathered periodically to facilitate the provision of
software updates, product support and other services related to the Game.
Company may use any collected information to improve its products, administer the Game,
analyze trends, or to provide services to you. In addition, Company may use this information for
the purpose of research, development, administration, support and marketing of Company
products and services. For more information, please see Privacy Policy that is included as a part in full EULA available at
http://nextdaymmo.com/forum/
6. Support Services
From time to time, at Company’s sole discretion, Company may provide you with technical support
and community management services related to the Game (“Support Services”). Company
reserves the right to alter, suspend, and terminate the Support Services at any time and for any
reason. You can contact Company for Support Services at [email protected] or
http://nextdaymmo.com/forum/
7. Patches, Updates and Changes
You acknowledge and accept that from time to time, Company may patch or update the Game for
the purpose of resolving software bugs or other issues, rebalancing the Game or adding and/or
removing features in the Game.
8. Termination
This License is effective until terminated.
You may terminate it at any time by destroying the Game with all copies, full or partial, and
removing all of its component parts.
Without prejudice to any other rights, Company may terminate this EULA if you fail to comply with
the terms and conditions of this EULA. You shall then cease all use of the Game and destroy all
copies, modifications, printed or written materials, and merged portions in any form and remove
all component parts of the Game which have been downloaded to your unit.
9. Limited Warranty
This limited warranty is in addition to, and does not affect, those of your statutory rights which
cannot be excluded or limited in any way under applicable law.
Company warrants that the Game will provide the features and functions generally described in
the product specification on http://nextdaymmo.com/ at the time of your purchase and in the
product documentation.
LAST LEVEL & SOFF GAMES DOES NOT WARRANT THAT THE GAME OR YOUR ABILITY TO USE IT WILL BE
UNINTERRUPTED OR ERROR-FREE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE
DISCLAIM ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE.
10. Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall Company, its affiliates or
licensees, be liable for any special, incidental, indirect, or consequential damages whatsoever
(including, without limitation, damages for loss of business profits, business interruption, loss of
business information, or any other pecuniary loss) arising out of the use of or inability to use the
Game or defect in or caused by the Game, including but not limited to compromising the security
of your unit on which the Game is run, operating system or files, or the provision of or failure to
provide Support services, even if Company has been advised of the possibility of such damages.
Nothing in this EULA limits our liability to you in the event of death or personal injury resulting
from gross negligence, fraud, or knowing misrepresentation on our part.
11. Third-Party Services.
Company is using EasyAntiCheat anti-cheat service (“EasyAntiCheat”), which is operated by a third-party service provider offering services to Company. EasyAntiCheat has a client software (“Client”) that is integrated into the Application. When you start a new Game session the Client will automatically load and install its latest version to the Device (“User computer”, “User mobile device”). When you are using the Application on your Device EasyAntiCheat is monitoring the Device, analyzing the Game binaries and scanning the memory of the Device for the purpose of detecting and preventing cheating in the Game (“Purpose”). For the Purpose EasyAntiCheat is storing information regarding cheating methods used in the Game (“Data”). By installing, copying, or otherwise using this Application, you give your consent that EasyAntiCheat may gather, store, share and publish Data for the sole purpose of the Purpose. The Data will be used solely for the Purpose including but not limited to identifying and banning players who are cheating in computer games, analyzing cheating behavior and cheating codes as well as sharing data about cheats with affiliates of EasyAntiCheat. You are entitled to use the Game (i.e. Software Product, Application) only in accordance with these terms and conditions and privacy statement of EasyAntiCheat.
12. Governing Law.
You agree that this EULA shall be deemed to have been made and executed in Russia and any
dispute arising under this EULA shall be resolved in accordance with the laws of Russia,
excluding the law of conflicts and the Convention on Contracts for the International Sale of
Goods.
13. Dispute Resolution.
Most concerns regarding this EULA or the Game (“Disputes”) can be resolved by contacting
Company at http://nextdaymmo.com/contacts. Therefore, you agree to first attempt to negotiate
any Dispute informally with Company for at least thirty (30) days before initiating any court
proceeding. Should the Dispute not be resolved by informal negotiations, you agree, to the extent
permitted by applicable law, to the exclusive personal and subject matter jurisdiction of the
courts located in Saint-Petersburg, Russia, for making and resolving any such claims, and hereby waive
any right to participate in any type of law suit brought and/or maintained as a class action or
similar in nature to a class action.
14. Update of these terms.
We may amend this EULA from time to time by posting a prominent notice on our web site. Your
continued use of the Game after changes are posted means you agree to be legally bound by the
EULA as updated and amended.
15. Severability.
If for any reason a court of competent jurisdiction finds any provision, or portion thereof, of this
EULA to be unenforceable, the remainder of this EULA shall continue in full force and effect.
16. Contact us.
If you have a question regarding this EULA, or want to give us feedback about it, please contact
us at http://nextdaymmo.com/contacts.
THIS EULA IS APPLICABLE ONLY TO THE EXTENT AUTHORIZED BY LAW, ESPECIALLY CONSUMER
PROTECTION LAWS.
Last Level & Soff Games LLC, Saint-Petersburg, Russian Federation.