END USER LICENSE AGREEMENTS FOR DESERTED (PC)
PLEASE READ THESE END USER LICENCE AGREEMENTS (“EULA(S)”) CAREFULLY BEFORE INSTALLING THIS GAME.
END USER LICENCE AGREEMENT
This End User License Agreement (“EULA”) governs your use of the videogame, application, software, their associated upgrades, patches, and updates and related services to DESERTED (the “GAME”) currently provided or which will be provided by ZEBIK MEDIA INTERACTIVE LTD. referred to as “ZEBIK MEDIA”
This EULA sets out the basis on which ZEBIK MEDIA makes the GAME available to you (“User” or ”You”) and on which You may use them. By installing or using the GAME, You agree to accept and to be bound by this EULA at all time. If You do not agree, please do not install or use the GAME.
THIS END USER LICENSE AGREEMENT (“EULA”) IS A BINDING LEGAL AGREEMENT BETWEEN ZEBIK MEDIA AND YOU AND, WHEN YOU PURCHASE THE GAME BY DOWNLOAD AND IF YOU AGREE TO BE BOUND BY THIS EULA PLEASE CLICK “I ACCEPT” AT THE END OF THIS EULA AT WHICH POINT THE GAME WILL BE INSTALLED ONTO YOUR HARD DRIVE. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS EULA CLICK “NOT ACCEPTED” AND THE GAME WILL NOT BE LOADED ONTO YOUR HARD DRIVE AND NO LICENCE SHALL BE GRANTED TO YOU IN RESPECT OF THE GAME.
IMPORTANT
Before installing the GAME please make sure that your computer meets the minimum technical specifications for the proper operation of this GAME. Furthermore, you agree that you shall abide by any of the safety information, maintenance instructions or other relevant notices contained in the manual that is included with the GAME.
If You have a ZEBIK MEDIA Account which can be found on https://interactive.zebikmedia.com (“Account”), this EULA shall coexist with, and shall not supersede, the Terms of Use. To the extent that the provisions of this Agreement conflict with the provisions of the Terms of Use, the conflicting provisions in the Terms of Use shall govern.
ZEBIK MEDIA reserves the right to change, modify, add or delete articles in this EULA at any time, in accordance with the procedures described below in Section 4. Capitalized terms used in this EULA without definition shall have the meanings specified in the Terms of Use.
1. LEGAL AGREEMENT
This EULA is a legal agreement between you (“User” or ”You”) and Zebik Media Interactive Ltd. (“ZEBIK MEDIA” or “we”) which governs your use of the GAME. For the purposes of this EULA, references to the GAME includes computer software owned by ZEBIK MEDIA or its third party suppliers/licensors and associated media, any printed materials, manuals, any on-line or other documentation together with, to the extent not distributed with a separate licence agreement, any updates or patches to the original game software which are provided to you or which you may download from any ZEBIK MEDIA web site or other source authorized by ZEBIK MEDIA expressly for such purpose) including such software required in order to access and/or use any on-line features and functionality which may be associated with such computer game software (subject to any additional terms of use applicable to such online mode). The terms and conditions of this EULA are without prejudice to any terms and conditions governing your use of any third party proprietary software product including without limitation any Publishing Partner software or any open source software that may be incorporated into any separate plugins, delivery systems or other software programs. Such third party proprietary software may be embodied on the media containing this GAME or otherwise downloaded within the software package containing the GAME and may be required in order to use certain features of this GAME, which use may be subject to and conditional upon your acceptance and observance of additional third party end user licence agreements. Copyright and other intellectual property laws and treaties protect this GAME. The GAME is licensed, not sold.
2. GRANT OF LIMITED NON-EXCLUSIVE LICENCE
For as long as you are in compliance with the provisions of this EULA, ZEBIK MEDIA grants you the non-exclusive limited right and licence to:
(a) install one (1) copy of the GAME into and use it on a single hard drive which is under your custody and control and which meets the specifications referred to in the manual for your own private and domestic use only;
(b) transfer the GAME from one hard drive to another PROVIDED it is used on only one (1) hard drive at any one time and any hard drive on which it is used is under your custody and control at the time of use;
(c) transfer the GAME (complete with all components and documentation) and the benefit of this EULA to another person PROVIDED such person has agreed to accept the terms of this EULA and you contemporaneously transfer any permitted copies of the GAME you may have made to that person or destroy all copies of the GAME not transferred. If any transferee does not accept such terms then this EULA shall automatically terminate. Upon such transfer, you undertake to delete this GAME from your hard drive and the licence granted to you under this EULA shall automatically and immediately terminate. All rights not expressly granted hereunder are, to the maximum extent permitted by law, reserved to ZEBIK MEDIA and its licensors. Your rights of use under this EULA are strictly conditional upon your observance of the terms and conditions contained in this EULA at all times. In some cases, your rights to use the GAME may be subject to a limitation on the number of activation or registrations of the GAME as advised at the time of sale or on the packaging for the GAME. In such a case, your ability to transfer the GAME in the manner permitted in paragraphs (b) and (c).
2.1(b) and (c) above may not be possible where the maximum number of activation’s of the GAME as are permitted has been reached.
3. RESTRICTIONS
You are not permitted:
(a) to make any commercial use or exploitation of the GAME in any manner whatsoever;
(b) install or use the GAME on a network server, multi-user arrangement or remote access arrangement for the purposes of distribution to one (1) or more other computer(s) on that network or to effect such distribution or otherwise make a copy of the Software
Product available in any manner or via any media where it could be used by multiple users;
(c) without a separate, additional license from ZEBIK MEDIA, to use the GAME or permit the use of the GAME, on more than one personal CPU, game console, handheld device, “smart phone” or PDA at the same time;
(d) except as expressly permitted by this EULA and save and to the extent in the circumstances expressly permitted by applicable law, torent, lease, sub-license, loan, exploit for profit or gain, copy, modify, adapt, merge, translate, use, reproduce, distribute, broadcast, publicly perform, store in a retrieval system or otherwise deal in the GAME or any part thereof in any way;
(e) except as the applicable law expressly permits, to reverse engineer, derive source code, modify, decompile, disassemble, or create derivative works based on the whole or any part of the GAME, in whole or in part, Where applicable law expressly permits any such acts, and any lawful modifications, adaptations and improvements and all copyrights therein shall be deemed assigned to and shall belong to, vest in and be the exclusive property of ZEBIK MEDIA and/or its licensors on creation to the maximum extent permitted by law and you hereby waive all or any moral rights in such creations;
(f) remove, disable or circumvent any security protections or any technical measures that control access to the GAME and/or are designed to prevent or inhibit the infringement of any copyright or other intellectual property right in the GAME;
(g) remove, modify, deface or circumvent any proprietary notices or labels contained on or within the GAME;
(h) export or re-export the GAME or any copy or adaptation in violation of any applicable laws or regulations; or
(i) create data or executable programs that mimic data or functionality in the GAME.
3.1 ADDITIONAL RESTRICTIONS FOR TRIAL VERSIONS.
If the GAME was provided to you for trial use for a limited period of time and/or number of uses, you agree not to use the GAME beyond the expiration or termination of the trial period. You acknowledge and agree that the GAME may include code designed to prevent you from exceeding these limits, and that such code may remain on your computer or device after deletion of the GAME to prevent you from installing another copy of the GAME and repeating the trial.
3.2 GAME SPECIFIC TERMS AND CONDITIONS.
For additional terms and conditions that may apply to the GAME, such as third-party copyright notices and license information, please review the About screen included in the GAME. The About screen for the GAME is hereby incorporated into this EULA by this reference.
4. TERMINATION.
This EULA is effective until terminated. You may terminate this EULA at any time by uninstalling the GAME and destroying all copies of the GAME in your possession or control. ZEBIK MEDIA may terminate this EULA immediately upon notice to you if you breach any of its terms or conditions. In the event of termination, you must destroy all copies of the GAME and all of its component parts including any GAME stored on the hard disk of any computer or other applicable hardware. Upon termination of this EULA, you agree to immediately uninstall the GAME and destroy all copies of the GAME. All provisions of this EULA relating to disclaimers or warranties, limitations of liability, remedies, or damages and ZEBIK MEDIA’s proprietary rights, choice of law and jurisdiction, indemnity and miscellaneous shall survive termination.
5. GAME OWNERSHIP.
The GAME is the copyrighted proprietary material of ZEBIK MEDIA INTERACTIVE LTD. and/or its third-party licensors and is subject to copyright protection under Canadian copyright law and international copyright treaties, as well as other intellectual property laws and treaties. ZEBIK MEDIA,and/or its third-party licensors retain all right, title, and interest in the GAME (and any copies thereof) and specifically reserve all rights not expressly granted under this EULA. You only own the media on which the GAME is recorded. ZEBIK MEDIA and/or its licensors shall at all times retain ownership of the GAME as recorded on the media and all subsequent copies regardless of form.
6. LIMITED WARRANTIES BY ZEBIK MEDIA.
6.1 Limited Warranty. ZEBIK MEDIA WARRANTS TO YOU, THE ORIGINAL PURCHASER OF THE GAME, THAT THE GAME ON A DISC OR OTHER RECORDING MEDIUM, WILL BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP FOR A PERIOD OF NINETY (90) DAYS FROM THE DATE OF PURCHASE (THE “WARRANTY PERIOD”). THIS LIMITED WARRANTY IS VOID IF THE GAME HAS BEEN SUBJECT TO MISUSE, DAMAGE OR IF YOU HAVE VIOLATED THIS EULA. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, OR WARRANTIES THAT THE GAME WILL BE ERROR-FREE, SECURE OR VIRUS-FREE, ARE HEREBY EXPRESSLY DISCLAIMED.
6.2 ADDITIONAL WARRANTY FOR RETAIL PRODUCT. IF YOU PURCHASED THE GAME ON A DISC OR OTHER RECORDING MEDIUM, THEN YOU MUST MAKE ANY WARRANTY CLAIM TO THE RETAILER FROM WHICH YOU PURCHASED THE GAME BY PROVIDING A COPY OF YOUR ORIGINAL SALES RECEIPT AND ANY OTHER DETAILS REQUIRED BY THE RETAILER. THE RETAILER, AT ITS OPTION, MAY REFUND YOUR PURCHASE PRICE, REPAIR OR REPLACE THE DISC OR OTHER MEDIA CONTAINING THE GAME. ANY REPLACEMENT WILL BE WARRANTED FOR THE REMAINDER OF THE ORIGINAL WARRANTY PERIOD OR THIRTY (30) DAYS, WHICHEVER IS LONGER. YOUR EXCLUSIVE REMEDY, AND THE ENTIRE LIABILITY OF ZEBIK MEDIA, ITS AFFILIATES, LICENSORS AND SUPPLIERS (COLLECTIVELY, “THE ZEBIK MEDIA PARTIES”), FOR BREACH OF THIS WARRANTY, SHALL BE THE REFUND, REPAIR OR REPLACEMENT DESCRIBED ABOVE.
6.3 THE LIMITED WARRANTY IN PARAGRAPH 6.1 DOES NOT APPLY TO THE GAME THEMSELVES WHICH ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ZEBIK MEDIA AND ITS LICENSORS DISCLAIM ALL OTHER REPRESENTATIONS,WARRANTIES, CONDITIONS OR OTHER TERMS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS AND FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE SOFTWARE PRODUCT AND EACH AND EVERY PART THEREOF. WITHOUT PREJUDICE TO THE GENERALITY OF THE FOREGOING, ZEBIK MEDIA DOES NOT WARRANT THAT THE SOFTWARE PRODUCT IS ERROR-FREE OR THAT IT WILL OPERATE WITHOUT INTERRUPTION, NOR THAT ZEBIK MEDIA WILL REPAIR ANY ERRORS IN THE SOFTWARE PRODUCT. ZEBIK MEDIA FURTHER DOES NOT WARRANT THAT THE SOFTWARE PRODUCT WILL OPERATE ON ALL TYPES OF COMPUTER. REFER TO THE MANUAL FOR MINIMUM TECHNICAL SPECIFICATIONS.
7. LIMITATION OF LIABILITY.
NO PROVISIONS OF THIS EULA SHALL APPLY TO LIMIT LIABILITY ARISING FROM DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE OR FOR FRAUD. OTHERWISE, IN NO EVENT WILL THE ZEBIK MEDIA AND ITS LICENSORS ‘ TOTAL AGGREGATE LIABILITY TO YOU FOR DIRECT DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS EULA AND/OR YOUR USE OF THE GAME EXCEED THE AMOUNT PAID BY YOU FOR THE GAME. IN NO EVENT WILL THE ZEBIK MEDIA AND ITS LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR ANY OTHER TYPE OF DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES RELATING TO LOST PROFITS, LOSS OF DATA, PRIVACY, NEGLIGENCE OR OTHER DUTY OF CARE), EVEN IF ONE OR MORE OF THE ZEBIK MEDIA AND ITS LICENSORS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8. BASIS OF THE BARGAIN.
The disclaimers of warranties and limitations of liability set forth above are fundamental elements of the basis of the agreement between you and ZEBIK MEDIA. You understand and agree that ZEBIK MEDIA would not be able to economically or reasonably provide the Game to you without these limitations.
9. EXCLUSIONS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES AND/OR THE LIMITATION OF INDIRECT DAMAGES AS SET FORTH IN SECTIONS 6 AND 7 ABOVE, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
7. INDEMNIFICATION.
You agree to indemnify, defend and hold harmless the ZEBIK MEDIA AND ITS LICENSORS, including their respective employees, officers, directors and personnel from any claims, losses, damages, liabilities, including attorneys’ fees, arising out of your violation of this EULA and/or your use or misuse of the GAME.
8. EXPORT CONTROL.
The GAME originates in Canada and is subject to Canadian export laws and regulations. You may not export or re-export, in whole or in part, the GAME to certain countries, persons or entities prohibited from receiving exports from Canada. Additionally, the GAME may be subject to the import and export laws of other countries, and you agree that you will comply with any such foreign import and export laws, as applicable.
9. MISCELLANEOUS.
You agree to comply with all Canadian and foreign laws related to your use of the GAME. This is the entire agreement between you and ZEBIK MEDIA relating to the subject matter herein and replaces any and all previous representations, agreements, understandings or communications, whether written or oral. This EULA may not be modified except in writing, signed by both parties. If a court of competent jurisdiction declares any provision of this EULA to be void or unenforceable, then such provision will be interpreted, construed or reformed to the extent reasonably required to render it valid, enforceable and consistent with the original intent underlying such provision, and such invalidity or unenforceability will not affect any other provision of this EULA. The English language version of this EULA will control its interpretation.
10. GOVERNING LAW AND VENUE.
This EULA will be governed by and construed in accordance with the laws of the Province of Ontario, Canada, excluding its conflicts of law rules and specifically excluding the United Nations Convention on Contracts for the International Sale of Goods. Venue for any action hereunder shall lie exclusively in the courts located in Toronto, Ontario, Canada and you hereby consent and submit to the personal jurisdiction of such courts.
11. NOTICES; HOW TO CONTACT ZEBIK MEDIA INTERACTIVE LTD.
The GAME is made available to you by ZEBIK MEDIA INTERACTIVE LTD. ZEBIK MEDIA may be contacted via its website (http://www.interactive.zebikmedia.com).