terms of service
Please read the following End User Licence Agreement (the "Agreement") before installing or using any product by Razarax Studios, (the "Software"). This Agreement extends to the use of the website, forum and other Razarax Studios software.
Your use of the Software is also subject to the terms and conditions set forth in the relevant agreements and/or any other terms set forth by the store on which the Software licence was purchased (such as the Oculus Store, Google Play Store, Apple App Store, etc).
By downloading, installing or otherwise using the Software, you agree to be bound by the terms of this agreement.
1. Limited Use Licence
The term "Software" includes the primary software package as well as the associated media, any software associated with the online modes, any printed materials, manuals, online or electronic documentation, and any and all copies of such software and materials. Razarax Studios grants to you the non-exclusive, non-transferable, limited right and licence to install and use one (1) copy of the Software on one (1) computer hard drive at any given time solely for your personal use (the "Licence"). All rights not specifically granted under this Licence are hereby reserved by Razarax Studios and, as applicable, by its licensors. The Software is licensed to you, not sold. This Licence does not give you any title or ownership in the Software, and should not be construed as a sale or transfer of any intellectual property or other rights to the Software.
You agree and acknowledge that all title, ownership rights, and intellectual property rights connected with the Software and any and all copies thereof (including but not limited to any derivative works, titles, computer code, themes, characters, character names, objects, stories, dialogs, catchphrases, locations, concepts, artwork, graphics, animation, sounds, musical compositions, audio-visual effects, text, screen displays, methods of operation, moral rights, "applets" incorporated into the Software, and any related documentation) are owned by Razarax Studios or its licensors.
The Software is protected by the copyright laws of the United Kingdom, international copyright treaties and conventions, United Kingdom and common law trademark laws, and other laws. All rights are reserved worldwide. The Software may contain certain materials licensed by Razarax Studios from others, and Razarax Studios and its licensors may protect their rights in the event of any violation of this Agreement anywhere in the world.
3. Licence Conditions and Restrictions
You agree to only use the Software, or any part of it, in a manner that is consistent with this Licence and you shall not:
- without written permission from Razarax Studios, use, advertise or exploit in any manner the Software or any of its parts commercially, including but not limited to use at a cyber (internet) cafe, computer gaming centre or any other location-based site;
- without a separate, additional licence from Razarax Studios, use the Software or permit the use of the Software, on more than one computer, game console, handheld device or PDA at the same time;
- use the Software, or permit use of the Software, in a network, multi-user arrangement or remote access arrangement, including any online use, except as otherwise explicitly permitted by Razarax Studios in writing;
- make copies of the Software or any part thereof;
- sell, rent, lease, license, distribute, upload to any internet server or web site, or otherwise transfer any portion of this Software or any copies without the express prior written consent of Razarax Studios. Notwithstanding the foregoing, you may permanently transfer all of your rights and obligations under the Licence to another person for non-commercial use by physically transferring all original Software media (e.g., the CD-ROM or DVD you purchased), all original packaging and all manuals or other documentation distributed with the Software; provided, however, that you permanently delete all copies and installations of the Software in your possession or control, and that the recipient agrees to the terms of this Agreement. You shall be solely responsible for any taxes, fees, duties, withholdings, charges and assessments that may be due in connection with such transfer;
- reverse engineer, derive source code, modify, decompile, disassemble, or create derivative works of the Software, in whole or in part;
- remove, disable or circumvent any security protections or any technical measures that control access to the Software;
- remove, modify, deface or circumvent any proprietary notices or labels contained on or within the Software;
- export or re-export the Software or any copy or adaptation in violation of any applicable laws or regulations; or
- create data or executable programs that mimic data or functionality in the Software.
4. Software Updates and Patches
Razarax Studios may provide updates, patches and other modifications to the Software that must be installed for the user to continue to use the Software properly or at all. Razarax Studios may update, patch or modify the Software remotely and access the Software residing on your machine for such purpose, and you hereby grant to Razarax Studios the right to deploy and apply such patches, updates and modifications. All provisions of this Agreement that refer to the "Software" shall also include all such patches, updates and modifications.
Other than as expressly set forth in this agreement, the software is provided "as is," without warranty of any kind, either express or implied, including without limitation any implied warranties of condition, uninterrupted use, merchantability, fitness for a particular purpose, or noninfringement. No oral or written advice or information given by Razarax Studios or any of its authorised representatives shall create a warranty.
5. User Behaviour
Razarax Studios has a no tolerance policy towards cheating, stealing, scamming or any malicious or antisocial behaviour. Razarax Studios reserves the right to restrict access to software or website features to any users who, at the sole discretion of Razarax Studios, may be deemed to be behaving in a way that negatively impacts the Razarax Studios community, business, or any of its products or services. These provisions extend to any and all user generated content within the Software, website, forums and elsewhere in any form, including but not limited to written messages, offensive images, inappropriate usernames, or otherwise.
Razarax Studios will not tolerate any abusive or aggressive behaviour, including the use of foul language, directed towards Razarax Studios staff, directors, employees, contractors, customers or other affiliated persons.
6. Limitation of Liability
In no event shall Razarax Studios or its licensors be liable for special, incidental, or consequential damages resulting from possession, use or malfunction of the software, including without limitation any losses or damages connected with or consisting of lost profits, damage to property, lost or corrupted data or files, loss of goodwill, console, computer or handheld device failure, errors and lost business or other information as a result of possession, use or malfunction of the software, or personal injuries, illness, nausea, epilepsy or any other ailment regardless of severity, even if Razarax Studios has been advised of the possibility of such loss, damage or illness. Furthermore, in no event shall Razarax Studios or its licensors be liable for special, consequential or incidental damages resulting from the breach of any terms of this Agreement. Razarax Studios' total liability in all cases shall not exceed the actual price paid for the Software. The foregoing applies to the maximum extent allowed by law, even if any remedy fails of its essential purpose. If you experience any pain or discomfort while using the software then you are hereby advised to cease all use of the Software immediately and seek appropriate medical attention. Use of the Software is entirely at your own risk.
7. Term and Termination
Without prejudice to any other rights of Razarax Studios, the Licence shall remain in effect for as long as you use, operate or run the Software. The Licence shall terminate automatically if you fail to comply with its terms and conditions. In such event, you must uninstall and destroy all copies of the Software. You may also terminate the Licence at any time by destroying the Software and uninstalling it from your computer(s) or other applicable hardware. The Sections entitled "Ownership," "Licence Conditions and Restrictions," "Limitation of Liability," "Term and Termination," "Injunction," "Indemnity," "Choice of Law and Jurisdiction," "Entire Agreement," and "Severability" shall survive any termination of this Licence.
Because Razarax Studios would be irreparably damaged if the terms of this Agreement were not specifically enforced, you agree that Razarax Studios shall be entitled, without bond or other security or proof of damages, to take such action as may be required, including seeking an injunction and other equitable remedies, in addition to any other remedies available to it under the applicable law.
You expressly agree to indemnify, defend and hold harmless Razarax Studios, its partners, affiliates, contractors, licensors, officers, directors, employees and agents from all claims, damages, costs and expenses (including reasonable legal fees) arising directly or indirectly from your acts or omissions in connection with downloading, installing or using the Software or any breach by you of the terms of this Agreement.
10. Choice of Law and Jurisdiction
This Agreement, and the rights and obligations of you and Razarax Studios concerning the software, shall be construed and enforced under the laws of the United Kingdom as such law is applied to agreements between United Kingdom residents entered into and to be performed within the United Kingdom, without regard to any conflict of law principles. You and Razarax Studios consent to the exclusive jurisdiction of the United Kingdom in connection with any claim or dispute concerning this Agreement or the Software, and you waive any objection based on the venue or inconvenience of such jurisdiction. If you are from outside the United Kingdom, the application of the United Nations convention on contracts for the international sale of goods is expressly excluded.
Razarax Studios reserves the right to amend this Agreement at any time, at its sole discretion, and will post the updated Agreement on the Razarax Studios website. If any such future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you may terminate this Agreement in accordance with the above Termination provisions. Your installation and use of any updates or modifications to the Software or your continued use of the Software following notice of changes to this Agreement will constitute your acceptance of any and all changes to the terms of this Agreement.
12. Entire Agreement
This Agreement represents the complete agreement between you and Razarax Studios concerning the Licence and your rights to use the Software, and supersedes all prior agreements and representations, warranties or understandings between you and Razarax Studios (whether negligently or innocently made but excluding those made fraudulently), regarding the same subject matter.
If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be amended only to the extent necessary to make it enforceable, and the remaining provisions of this Agreement shall remain in full force and not be affected.