End-User License Agreement
PLEASE READ THIS END USER LICENSE AGREEMENT (“EULA") CAREFULLY BEFORE CLICKING “ACCEPT”. THIS EULA CONSTITUTES A LEGAL AGREEMENT BETWEEN YOU AND Spirebloom, LLC AND GOVERNS YOUR USE OF “Skyrune” (THE “GAME”), YOUR ACCOUNTS AND ITS GAME SERVICE. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS EULA, CLICK ON THE “REJECT” BUTTON WHICH INDICATES THAT YOU DO NOT AGREE TO ACCEPT THE TERMS OF THIS EULA AND WILL NOT COMPLETE INSTALLATION OF THE GAME. BY CLICKING "ACCEPT," YOU:
- ACKNOWLEDGE THAT YOU HAVE READ THIS EULA.
- AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
- ARE AUTHORIZED AND ABLE TO ACCEPT THIS EULA.
YOUR USE OF THE GAME IS ALSO SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN THE STEAM™ SUBSCRIBER AGREEMENT AND/OR ANY OTHER TERMS SET FORTH BY VALVE CORPORATION AND/OR Spirebloom, LLC IN RELATION TO THE GAME SERVICE.
Your Accounts shall not be transferred, sold or used by anyone else. Regardless, you are liable for all activities conducted through your Accounts. Furthermore, you shall not assign or transfer your rights and obligations under this EULA.
Any use, reproduction or redistribution of the Game, Game related contents or services not expressly authorized by this EULA is expressly prohibited and may result in severe civil and criminal penalties. You are strictly prohibited from engaging in, or assisting others to engage in, conduct that would damage or impair the quality or property of the Game including, without limitation, the following:
- Copying, distributing, transmitting, displaying, performing, framing, linking, hosting, caching, reproducing, publishing, licensing, or creating derivative works from any information, software, products or services obtained from the Game.
- Modifying, reverse engineering, disassembling or decompiling the Game.
- Using intellectual property contained in the Game to create derivatives or to provide any other means through which others may play the Game such as through server emulators.
- Taking actions that impose an unreasonable or disproportionately large load on online network infrastructure or that could damage, disable, overburden, or impair any services provided.
- Interfering with any other party's use and enjoyment of the Game (including cheating) .
- Attempting to gain unauthorized access to third party Accounts or the Game via any means.
- Violating terms and conditions set forth in the STEAM™ Subscriber Agreement and/or any other terms set forth by Valve Corporation and/or Spirebloom, LLC in relation to the GAME service.
You are strictly prohibited from selling, gifting (except as permitted herein) or exchanging Digital Objects or other virtual Game items for currency or other value outside of the Game.
In addition to any other rights and remedies available to Spirebloom, LLC, if Spirebloom, LLC believes you have, or will engage in any of the above conduct in this section, it may, in its sole discretion and without notice, terminate your access to the GAME and suspend or deactivate your accounts with no liability to it relating thereto.
2. Ownership Rights and Intellectual Property Rights
All title, ownership rights and intellectual property rights in and to the Game, its service and all copies thereof (including, without limitation, any titles, computer code, themes, objects, characters, character names, stories, dialog, catch phrases, user translated in-game texts, locations, concepts, artwork, character inventories, structural or landscape designs, animations, sounds, musical compositions and recordings, audio-visual effects, storylines, character likenesses, methods of operation, moral rights, and any related documentation) are owned by Spirebloom, LLC (excluding licensed assets and public domain assets). The Game is protected by the copyright laws of all countries, international copyright treaties and conventions, and other laws. All rights are asserted and reserved.
Your Accounts and your use of the Game and its service do not grant you any ownership interest in the Game. All rights are reserved. Neither this EULA nor your Account entitles you to any subsequent releases of the Game, or to any Game products. Spirebloom, LLC may update or otherwise enhance the Game at any time and in doing so incurs no obligation to furnish such updates to you pursuant to this EULA.
3. Patches and Updates
Playing the Game requires an Internet connection to servers of Spirebloom, LLC via the Game Service. As part of playing the Game and using its service, you hereby explicitly consent to the extraction of hardware system profile data, internet connection data and any other data related to the operation of the Game through the Game Service from any computer that logs on to the Game Service using your Account. Spirebloom, LLC may deploy or provide patches, updates and modifications to the Game that must be installed for the user to continue to play the Game. Spirebloom, LLC may update the Game remotely including, without limitation, the Game software residing on the user’s machine, without the knowledge of the user, and you hereby grant to Spirebloom, LLC your consent to deploy and apply such patches, updates and modifications.
4. Term and Termination
This EULA is effective unless and until terminated by either you or Spirebloom, LLC. Your rights under this EULA terminate upon the termination of your Game Account under this EULA. Spirebloom, LLC may, at any time, for any reason and in its sole discretion, terminate this EULA, deactivate your Accounts, or discontinue the Game Service with or without notice to you and with no liability to you. In addition, Spirebloom, LLC at its sole discretion, may immediately terminate this EULA and deny you access to the Game, the Game Service, and your Accounts at any time without notice if:
- you breach any provision of this EULA
- you infringe any third party intellectual property rights
- Spirebloom, LLC is unable to verify or authenticate any information you provide to Spirebloom, LLC
- upon game play, chat or any player activity whatsoever which is, in our sole discretion, inappropriate and/or in violation of the spirit of the Game or Game Service
- you violate the STEAM Subscriber Agreement and/or other agreements by Valve Corporation and/or Spirebloom, LLC that you consented to play the Game.
Upon termination of the EULA, for any reason or no reason whatsoever, by either you or Spirebloom, LLC:
- you will immediately discontinue use of the Game, the Game Service, and your Accounts
- all rights granted to you under this EULA will immediately terminate
- you will promptly delete all installed copies of the Game software
- you will immediately forfeit the right to use all your Digital Objects.
Any fees associated with your use of the Game and the Game Service are payable in advance and not refundable in whole or in part. Your obligation to pay accrued charges and fees will survive even after the termination of this EULA.
5. Payment Authorization
You agree that you will not use IP proxying or other methods to disguise the place of your residence, whether to circumvent geographical restrictions on game content, to purchase at pricing not applicable to your geography, or for any other purpose.
If you do this, Spirebloom, LLC may terminate your access to your Account.
6. Warranty Disclaimer
TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE GAME AND ALL INFORMATION, CONTENT AND SERVICES CONTAINED THERE ON ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. SPIREBLOOM, LLC EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. USE OF THE GAME IS AT YOUR SOLE RISK.
NEITHER Spirebloom, LLC OR ITS THIRD-PARTY PROVIDERS, NOR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY CONTENT OR SERVICES CONTAINED IN THE GAME, NOR ANY OF THE IRRESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, MAKE ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THAT THE GAME WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE GAME OR AS TO THE ACCURACY, RELIABILITY, QUALITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED ON OR THROUGH THE GAME.
7. Limitation of Liability; Indemnification
Spirebloom, LLC WILL NOT BE LIABLE FOR ANY FAILURE TO PERFORM ANY RESPECTIVE OBLIGATIONS UNDER THIS EULA DUE TO ISP INTERRUPTIONS, SOFTWARE OR HARDWARE FAILURES, DELAYS AND/OR OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET, OR FOR ANY OTHER DAMAGES THAT ARE BEYOND REASONABLE CONTROL OF Spirebloom, LLC
Spirebloom, LLC may, at its sole discretion, change, modify, add to, supplement or delete any of the terms and conditions of this EULA at any time effective upon prior notice. If any future changes to this EULA are unacceptable to you or cause you to no longer be in compliance with this EULA, you must terminate this EULA pursuant to Section 4. The continued use of the Game by you will mean you accept any and all such changes. Spirebloom, LLC may change, modify, suspend, or discontinue any aspect of the Game at any time. Spirebloom, LLC may also impose limits on certain features or restrict your access to parts or all of the Game without notice or liability. You have no interest, monetary or otherwise, in any feature, content or availability of the Game.
9. Governing Law, Jurisdiction and costs
This EULA is governed by and construed in accordance with the laws of the United States of America.
If any provision of this EULA shall be held to be invalid or unenforceable, the remainder of this EULA shall remain in full force and effect. To the extent any express or implied restrictions are permitted by applicable laws, these express or implied restrictions shall remain in force and effect to the maximum extent permitted by such applicable laws.
YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE FOREGOING EULA AND AGREE THAT BY CLICKING “ACCEPT” AND/OR INSTALLING THE GAME AND PLAYING THE GAME, YOU ARE ACKNOWLEDGING YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS EULA.