END-USER LICENSE AGREEMENT
This End-User License Agreement ("Agreement") is a legal agreement between You (“User”) and Wenkly Studio Sp. z o.o., registered with number KRS0000570301, with its office at Prymasa Stefana Wyszyńskiego 11/201, 44-100 Gliwice, Poland (“Licensor”).
This Agreement is a legally binding document that governs your acquisition, installation, and use of our games and other software ( “Game”) directly from the Licensor or indirectly through an authorized distributor ("Distributor").
This Agreement provides a license to acquire, install and use the Game and contains warranty information and liability disclaimers. Please read this Agreement thoroughly before completing the installation process and using the Game. If you register for a free trial of the Game, this Agreement will also govern that trial.
“Game” - means Survival Nation, a game developed and published by the Licensor.
“User” - a person engaging in the use of the Game personally.
“Community” - a collective group of Users engaging in online interactions via the Game or via other means of communication in relation to the Game.
2. Game usage
By acquiring, installing, and using the Game and any of the related software and materials, you hereby accept the terms of this Agreement, without any restrictions.
You must be at least 13 years of age to use the Game.Those users between the ages of 13 and 18 (or between 13 and the age of legal majority in your country of residence) or a person with limited capacity shall obtain approval from their parent or legal guardian who agrees to be bound by these provisions of EULA. If you do not have the authority to accept this Agreement, you don’t have the necessary approval, or if you disagree with the terms and conditions of this Agreement, do not install or use the Game.
This Agreement shall apply only to the Game created by Wenkly Studio Sp. z o.o. herewith regardless of whether other software is referred to or described herein. The terms also apply to any Game updates, supplements, Internet-based applications and services, and support applications and services for the Game, all related software, the accompanying manuals, related packaging and other written, files, electronic or online materials or documentation, any and all copies of the same, including any updates thereto, unless other terms accompany those items on delivery. If so, those terms apply.
This Agreement may be updated from time to time, if in our view they will be necessary for any reason.If such changes occur, the most current version will be posted at Survival Nation | Wenkly Studio and presented to You for acceptance in the form of a notification in the Game.
5. License Grant
Subject to the terms and conditions of this Agreement, Licensor hereby grants You a non-exclusive, non-transferable, non-sublicensable, temporary, limited license to acquire, install and use one copy of the Game, solely for personal and noncommercial purposes, conditioned on your compliance with this Agreement. You can use the Game only in the territory (country or region) not prohibited by the Licensor.
Your license hereunder is subject to the applicable license fee payable according to the terms and conditions set forth on the digital distribution platform through which the Game is acquired by You, or according to a separate contract with the Licensor.
The Game is being licensed to You and you hereby acknowledge that no title or ownership in the Game is being transferred or assigned and this Agreement should not be construed as a sale of any rights in the Game. The Licensor reserves the right to grant licenses to use the Game to third parties. The Licensor reserves all rights not specifically granted under this Agreement. The term of your license under this Agreement shall commence on the date and at the time you downloaded the Game via digital distribution platform, and ends on the date and at the time this Agreement is terminated pursuant to Section 13 - Termination.
6. Intellectual Property and Ownership
Except for the license granted hereunder, Licensor retains all rights, title, interest, and ownership of the Game as originally downloaded by You, and all subsequent downloads of the Game by You. The Game, including but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, design, documentation, audiovisual effects, themes, characters, character names, stories, dialog, settings, artwork, sound effects, musical works, moral rights, and all other intellectual property rights of whatever nature in the Game, including any modifications made thereto, are and shall remain the property of the Licensor. Unless otherwise indicated, the Game is the property of the Licensor and is protected by copyright, trademark, and other laws of Poland and applicable international treaties and domestic laws of foreign countries throughout the world. The Game may not be copied, reproduced, or distributed in whole or in part, without prior written consent from the Licensor. Any person copying, reproducing, or distributing all or any portion of the Game in any manner or medium without Licensor’s prior written consent will be willfully violating the copyright laws and the terms of this Agreement and therefore will be subject to civil and criminal penalties in the appropriate jurisdiction. The Game contains certain licensed materials and the Licensor’s licensors may also protect their rights in the event of any violation of this Agreement.
7. Restrictions and Obligations
You are not permitted to:
Distribute, lease, license, sell, rent, resell, copy or reproduce, or otherwise transfer or assign the Game, or any copies of the Game, without the express prior written consent of the Licensor or as set forth in this Agreement;
Use the Game for any commercial purpose;
Edit, alter, modify, adapt, translate or otherwise create any derivative works (including but not limited to developing a competitive game) based on the Game or any related content, items, or data contained therein, nor change the whole or any part of the Game, nor permit the whole or any part of the Game to be combined with or become incorporated in any other third-party software, nor decompile, disassemble or reverse engineer the Game or attempt to do any of the above;
Remove or modify any proprietary notices, marks, or labels contained on or within the Game;
Transmit any file that contains a virus, or corrupted data, including but not limited to a Trojan horse, keystroke logger, worm, time bomb, or other computer programming routines not described herein, that damage, detrimentally interfere with, surreptitiously intercept or mine, scrape or expropriate any system, date, or personal information, or that may pose any threat to the Game’s integrity;
Use the Game in any way which breaches any applicable local, national or international law, or is harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, hateful, racially, ethnically, or otherwise objectionable or that may be invasive of another’s rights;
Allow any third party to use the Game on behalf of or for the benefit of any third party;
Use the Game for any purpose that the Licensor considers a breach of this Agreement.
You are obliged to:
Use of the Game in compliance with local, national, or international law.
Refrain from using the Game in case of any change to the local law that would no longer allow you to display or otherwise use the Game within your location.
Act with compliance with the Code of Conduct stated further in the Agreement.
8. Code of Conduct
While using the Game, you agree to comply with all applicable laws, rules and regulations. You also agree to comply with certain additional rules that govern your use of the Game otherwise known as the “Code of Conduct”. Licensor reserves the right to take any appropriate disciplinary measures including Account termination and deletion to protect the Community.
You are not permitted to:
a. Impersonate any person or company, including without limitation, by selecting a username that is falsely indicative of an association with the Licensor.
b. Communicate in any way that would appear to be the communication made by the Licensor;
c. Post any sort of identifying information about yourself, or any other User, via the communication means available via the Game, including without limitation, by selecting a username that contains personally identifying information.
d. Harass, stalk, or threaten any other Users in the Game;
e. Remove, modify, or conceal any copyright or trademark of Licensor contained in the Game.
f. Transmit content that in any way would violate or infringe the rights of others, including but not limited to trademarks, trade secrets, copyrights, and personal rights.
g. Transmit or communicate any content which, in the Licensor's sole discretion is offensive, including without limitation, language that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, or racially, ethnically, or otherwise discriminating.
h. Select an in game or account username that would infringe on the proprietary or non-proprietary rights of third parties, or that is in Licensor's sole judgment, offensive, defamatory, vulgar, obscene, sexually explicit, racially, ethnically, or otherwise objectionable.
i. Transmit any content that contains a virus, corrupted data, trojan horse, bot keystroke logger, worm, time bomb, cancelbot or apply any other computer programming routines that are intended to and/or actually damage, detrimentally interfere with, surreptitiously intercept or mine, scrape or expropriate any system, data or personal information.
j. Use chat in an inappropriate manner, whether for personal or commercial purposes, which means spamming or communicating in any way that disrupts the conversation between Users.
k. Cause or participate in any action which, in Licensor's sole judgment, “exploits” an undocumented aspect of the Game in order to gain an unfair advantage over other Users.
l. Cause or participate in any action which, in Licensor's sole judgment, misleads or defrauds any other User, including, without limitation, “scamming” or “social engineering”.
m. Access or attempt to unlawfully gain access to the parts of the Game, or GameF servers that are not available to the public.
9. Technical Protections
The Game may include features that control access to the Game, prevent unauthorized behavior like creating copies, or otherwise prevent anyone from exceeding the limited rights and licenses granted under this Agreement. Tampering with access control features or attempting to disable or omit any security features is strictly forbidden. Any unauthorized use of the Game will immediately terminate the license granted in this Agreement.
The Game requires an Internet connection at all times in order to run properly, access internet-based features, authenticate the Game, provide updates or patches from time to time, or perform other functions. In order for certain features of the Game to operate properly, you may be required to have and maintain a stable Internet connection and/or a valid and active account with an online service, otherwise, the Game may not operate or may cease to function properly, either in whole or in part. The Game and content within the Game may not be available in all territories and jurisdictions, therefore the Licensor may restrict or prohibit the use of all or a portion of the Game in certain territories and jurisdictions.
Periodically, without any prior notice, the Licensor may in its sole discretion need to add new features to the Game, remove existing features from the Game, provide updates (including but not limited to bug fixes, patches, enhanced features, missing plug-ins, and new versions), or otherwise modify the Game to keep keep the proper functioning. You hereby acknowledge and consent to the Licensor remotely installing updates to the Game on your computer or gaming system, without prior notice. By acquiring, installing, and/or using the Game, you agree to such automatic updating. You also acknowledge and agree that only copies of the Game subject to a valid license can be used to access online services, and download updates and patches. The Licensor reserves the right to modify or increase the system specifications at any time and without notice for some of the features which can result in lack of compatibility. The multiplayer features will be supported until reasonable based on the developers decision.
12. LIMITATION OF LIABILITY & NO WARRANTY
THE USE OF THE GAME OR ANY ITEMS OBTAINED THROUGH THE GAME IS AT YOUR OWN RISK. EXCEPT FOR ANY WARRANTIES EXPRESSLY PROVIDED BY THE LICENSOR IN THIS AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE GAME, AND ANY SERVICES PROVIDED BY THE GAME ARE PROVIDED "AS IS" AND “AS AVAILABLE”, WITHOUT ANY WARRANTIES OR STATEMENTS OF ANY KIND, EXPRESS OR IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE UNINTERRUPTED ACCESS TO ONLINE SERVICES, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE GAME AND ANY SERVICES PROVIDED BY THE GAME. THE LICENSOR GIVES NO WARRANTY THAT THE APPLICATION CAN BE RIGHTFULLY USED IN EVERY TERRITORY WORLDWIDE INCLUDING BUT NOT LIMITED TO CHINA.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT, SHALL THE LICENSOR BE LIABLE FOR PERSONAL INJURY OR DEATH, OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL LOSS OR DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES TO PROPERTY, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION, PROPERTY DAMAGE, LOSS OF PROFITS OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION WHATSOEVER ARISING OUT OF OR RELATED TO THE USE OF THE GAME OR RELATED TO THIS AGREEMENT.
IN NO EVENT SHALL THE LICENSOR BE RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE GAME. UNDER NO CIRCUMSTANCES SHOULD THE LICENSOR BE RESPONSIBLE FOR ANY USER-GENERATED CONTENT IN THE GAME OR TRANSMITTED TO ANOTHER USER, OR ANY TRANSACTIONS BETWEEN OR AMONG YOU AND OTHER USERS, WHETHER ONLINE OR OFFLINE.
The Game may be subject to limitations, delays, and other problems inherent with the use of the Internet, electronic communications, third-party materials, and third-party software, and the Licensor is not responsible for any limitations, delays, delivery failures, or other damage resulting from such problems. Neither the Licensor nor any person associated with the Licensor makes any statement, warranty, or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the Game.
Without limiting the foregoing, neither Licensor nor any person associated with the Licensor makes any statement, warranty, or representation that the features and functions contained in the Game will meet Your specific requirements or expectations, or that the operation or use of the Game, will be uninterrupted or error-free or interoperable or compatible with other software, that defects will be corrected, or that theGame will be updated, upgraded or improved, that the Game is free of viruses or other harmful components.
IN CASE YOUR COUNTRY (OR PROVINCE, OR STATE) DOES NOT ALLOW LIMITATIONS ON WARRANTY AND LIABILITY, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
13. Health and Safety
The below should be reviewed before the use of the Game:
You must be at least 13 years of age to access and use the Game.
Children shall be informed of the following health and safety information by an adult guardian prior to using the Game.
You are responsible for ensuring your device meets the minimum requirements of the Game.
You acknowledge the Game should be used in accordance with the safety information provided by the producer of the used head-mounted display.
You acknowledge and agree that you are responsible for the health and safety while using the Game in your destined location, including but not limited to securing a reasonably-sized play area that is free of obstacles or hazardous objects and reading safety information prior to using the Game.
Adults should monitor children, who are using or have used the Game, and should limit the time children spend playing virtual reality games including the Game.
It is generally advised to take a 15-minute break every 30 minutes while using the Game.
Prolonged gameplay should be avoided, as it could cause health issues including but not limited to: epileptic seizures, convulsions, eye or muscle twitching, loss of consciousness or awareness, altered vision, involuntary movements, disorientation, motion sickness, motion injuries, eye strain, earaches, headaches, or migraines.
You must immediately stop playing the Game and consult a doctor if you experience any of the symptoms listed above.
This Agreement binds you from the date you download and/or otherwise access the Game and will continue until terminated as set forth below.
The Licensor reserves the right to terminate this Agreement and further your right to access and use the Game and the services provided by the Game, if you violate this Agreement or any other terms or policies referenced herein, including but not limited to the Code of Conduct. In such an event, you must uninstall and destroy all copies of the Game.
In case of termination of this Agreement, the license granted to you immediately terminates and you must stop using the Game.
You agree that in case of irreparable damage caused to the Licensor by the breach of this Agreement, the Licensor shall be entitled to appropriate equitable remedies. Remedies You agree that in case of irreparable damage caused to the Licensor by the breach of this Agreement, the Licensor shall be entitled to appropriate equitable remedies.
You agree to indemnify, defend and hold Licensor, its partners, licensors, affiliates, independent contractors and service providers, directors, officers, employees, and agents harmless from all third-party claims, damages, losses, and expenses arising directly or indirectly from your acts and/or negligence in using the Game, your violation of this Agreement or any other applicable terms, policies, warnings or instructions provided by Licensor or a third party in relation to the Game, or your violation of any applicable law or any rights of any third party.
This Agreement represents the complete agreement concerning this license between the Licensor and You and supersedes all prior agreements between them. It may be amended, modified, or deleted by the Licensor at any time in accordance with the terms of the Agreement. You may not assign or otherwise transfer any rights or obligations under this Agreement.
18. Governing Law
This Agreement and any dispute arising out of or in connection with this Agreement shall be governed by and construed in accordance with the laws of Poland. Any disputes shall be addressed and resolved through the Court of Arbitration at the Polish Chamber of Commerce in Warsaw, Poland, and the arbitration shall be held in English.
If any court of law, having jurisdiction to decide on this matter, rules that any provision of this Agreement is illegal or invalid, then that provision will be removed from this Agreement without affecting the rest of this Agreement, and the remaining provisions of this Agreement shall continue to be valid and enforceable.
In case of any complaints regarding this Agreement, or the Game, please contact:
WENKLY STUDIO SP. Z O.O.
Mailing address: Prymasa S. Wyszyńskiego 11/201, 44-100 Gliwice, Poland
Wenkly Studio Sp. z o.o. 2022