PLEASE READ THIS END-USER LICENCE AGREEMENT CAREFULLY. This End User License Agreement (“EULA”) governs your use of ADVENTURE FITNESS VR, their associated patches, updates and related services (the “Game”) currently provided or which will be provided by BEARHAMMER GAMES LTD.
BEARHAMMER GAMES LTD. 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 6.
1. GRANT OF LICENSE.
1.1 BEARHAMMER GAMES LTD. (or its licensors) grants You a non-exclusive, non-transferable, non-sublicensed, non-commercial and personal license to install and/or use the Game (in whole or in part) for such time until either you or BEARHAMMER GAMES LTD. terminate this EULA. You must in no event use, nor allow others to use, the Game or this License for commercial purposes without obtaining a licence from BEARHAMMER GAMES LTD. Updates, upgrades, patches and modifications may be necessary to continue using the Game on certain hardware. All trademarks are the property of their respective owners. All rights are asserted and reserved. THIS PRODUCT IS LICENSED TO YOU, NOT SOLD.
As applicable, certain parts of the Game may be using third-party features, some of which are managed by third-party providers for which additional terms and/or costs may apply. You must comply with such additional terms. Please review such additional terms and costs carefully.
1.2 You shall not, directly or indirectly, (i) sell, rent out, lease, license, distribute, market, exploit the Game or any of its parts commercially, (ii) reverse engineer, decompile, disassemble, adapt, reproduce, or create derivate works of this Game, in whole or in part; (iii) create, use and/or distribute “auto,” “trainer,” “script” or “macro” computer programs or other “cheat” or “hack” programs or software applications for this Game (whether in an online multiplayer game or in a single player game over the internet or local area network); (iv) remove, alter, disable or circumvent any copyright and trademark indications or other authorship and origin information, notices or labels contained on or within this Game and (v) export or re-export this Game or any copy or adaptation in violation of any applicable laws or regulations.
1.3 While using the Game, You agree to comply with all applicable laws, rules and regulations. You also agree to comply with certain rules of conduct that govern Your use of the Game (“Rules of Conduct”), which are not meant to be exhaustive and can be modified at any time by BEARHAMMER GAMES LTD. In all cases, You may only use the Game according to the anticipated use of the Product.
For example purposes, and without limiting BEARHAMMER GAMES LTD.’s rights to take action against You, You may not:
a. create, use, share and/or publish by any means in relation to the Game any material (text, words, images, sounds, videos, etc.) which would breach of a duty of confidentiality, infringe any intellectual property right or an individual’s right to privacy or which would incite the committing of an unlawful act (in particular, piracy, cracking or circulation of counterfeit software);
b. modify, distort, block, abnormally burden, disrupt, slow down and/or hinder the normal functioning of all or part of the Game, or their accessibility to other users, or the functioning of the partner networks of the Game, or attempt to do any of the above;
c. transmit or propagate any virus, trojan horse, worm, bomb, corrupted file and/or similar destructive device or corrupted data in relation to the Game, and/or organize, participate in or be involved in any way in an attack on BEARHAMMER GAMES LTD.’s servers and/or the Product and/or those of its service providers and partners;
d. transmitting or communicating any material or content which, in the sole and exclusive discretion of BEARHAMMER GAMES LTD., is believed or deemed offensive, including, but not limited to, language that is harmful, threatening, unlawful, abusive, harassing, defamatory, disparaging, obscene, sexually explicit, or racially, ethnically, or otherwise objectionable;
e. harassing or threatening any other users in the Game;
f. make inappropriate use of the help service or the claim buttons or send untruthful reports to members of BEARHAMMER GAMES LTD.’s personnel;
g. falsely claim to be an employee or representative of BEARHAMMER GAMES LTD. or its partners and/or agents;
h. falsely claim an endorsement in connection with the Game or with BEARHAMMER GAMES LTD.
All title, ownership rights and intellectual property rights in and to the Game (including, without limitation, all text, graphics, music or sounds, all messages or items of information, fictional characters, names, themes, objects, scenery, costumes, effects, dialogues, slogans, places, characters, diagrams, concepts, choreographies, videos, audio-visual effects, domain names and any other elements which are part of the Game, individually or in combination) and any and all copies thereof are owned by BEARHAMMER GAMES LTD. or its licensors. The Game is protected by national and international laws, copyright treaties and conventions and other laws. This Game may contain certain licensed materials, and in that event, BEARHAMMER GAMES LTD.’s licensors may protect their rights in the event of any violation of this Agreement. Any reproduction or representation of these licensed materials in any way and for any reason is prohibited without BEARHAMMER GAMES LTD.’s prior permission and, if applicable, BEARHAMMER GAMES LTD.’s licensors and representatives. Except as expressly set forth in this EULA, all rights not granted hereunder to You are expressly reserved by BEARHAMMER GAMES LTD.
This License confers no title or ownership in the Game and should not be construed as a sale of any rights in the Game.
3. DATA COLLECTION AND PLAYER ANALYTICS.
BEARHAMMER GAMES LTD. uses GameAnalytics.com to collect information about your gameplay, such as progress, achievements, and in-game actions. This data is collected solely to improve the Game and provide you with a better gaming experience. By using the Game, you consent to collecting and processing this data by GameAnalytics.com. Please note that this data is anonymous and cannot be used to identify you personally.
You are solely responsible for any damage caused to BEARHAMMER GAMES LTD., its licensors, channel partners and associated service providers and subcontractors, other users of the Game or any other individual or legal entity as a result of Your violation of this EULA.
YOU HEREBY AGREE TO DEFEND, INDEMNIFY AND KEEP INDEMNIFIED BEARHAMMER GAMES LTD. AND ITS AFFILIATES, THEIR LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS AND THEIR SUBCONTRACTORS AGAINST ANY CLAIM OR ALLEGED CLAIMS, LIABILITIES, LOSSES, DAMAGES AND ALL COSTS (INCLUDING LAWYERS’ FEES) DIRECTLY OR INDIRECTLY ATTRIBUTABLE TO YOUR FAULT AND/OR RESULTING FROM (A) A VIOLATION OF ANY PROVISION OF THIS EULA OR (B) YOUR USE OR MISUSE OF THE PRODUCT. BEARHAMMER GAMES LTD. reserves the right to take sole responsibility, at its own expense, for defending any claim for which You agreed to indemnify BEARHAMMER GAMES LTD. The provisions of this Section 4 shall remain in force after the termination of this EULA.
The EULA is effective from the earlier of the date You purchase, download or use the Game, until terminated according to its terms. You and BEARHAMMER GAMES LTD. (or its licensors) may terminate this EULA, at any time, for any reason. Termination by BEARHAMMER GAMES LTD. will be effective upon (a) notice to You or (b) termination of Your BEARHAMMER GAMES LTD. Account (if any) or (c) at the time of BEARHAMMER GAMES LTD.’s decision to discontinue offering and/or supporting the Game. This EULA will terminate automatically if You fail to comply with any of the terms and conditions of this EULA. Upon termination for any reason, You must immediately uninstall the Game and destroy all copies of the Game in Your possession.
6. CHANGES TO THIS EULA OR TO THE GAME.
BEARHAMMER GAMES LTD. reserves the right, in its sole and absolute discretion, to revise, update, change, modify, add to, supplement, or delete certain terms of this EULA for security, legal, best practice or regulatory reasons. Such changes will be effective with or, as applicable, without prior notice to You. You can review the most current version of this EULA on bearhammergames.com. You are responsible for checking this EULA periodically for changes. If any future changes to this EULA are unacceptable to You or cause You to no longer be in agreement or compliance with this EULA, You may terminate this EULA in accordance with Section 5 and must immediately uninstall the Game and destroy all copies of the Game. Your continued use of the Game following any revision to this EULA constitutes Your complete and irrevocable acceptance of any and all such changes.
BEARHAMMER GAMES LTD. may modify the Game for any reason or without any specific reason, at any time and at its entire discretion, in particular for technical reasons such as updates, maintenance operations and/or resets to improve and/or optimize the Game. You agree that the Game may install or download the modifications automatically. You agree that BEARHAMMER GAMES LTD. may stop to support previous versions of the Game upon availability of an updated version. BEARHAMMER GAMES LTD.’s channel partners and associated service providers shall have no obligation to furnish any maintenance or customer support with respect to the Game. BEARHAMMER GAMES LTD. also reserves the right to amend the Rules of Conduct set out in Section 1 to place limits on the use of the Game.
7.1 Except as specifically provided otherwise in this EULA and to the maximum extent permitted by law:
a. you install and use the Game (including any and all content, related materials, services and updates as and when they may be made available at our discretion) at your own risk;
b. the Game is provided “as is” without warranty or guarantee of any kind, either express or implied, including, without limitation, the implied warranties of satisfactory quality, merchantability, fitness for a particular purpose or non-infringement;
c. BEARHAMMER GAMES LTD. and its licensors do not warrant that the operation of the Game will be uninterrupted, bug or error free or that errors or bugs can be corrected;
d. BEARHAMMER GAMES LTD. and its licensors exclude any and all liability for all representations (except those made fraudulently), warranties, conditions and other terms which but for this notice would have effect;
e. BEARHAMMER GAMES LTD. and its licensors will not, in any event, be liable in any way for any consequential loss or damage resulting from the use of or inability to use the Game, errors or deficiencies in it, damage to property, lost data, loss of goodwill, computer failure or malfunction, loss of business, loss of information or lost profit, whether caused by negligence or otherwise, even if it has been advised of the possibility of such loss; and
f. BEARHAMMER GAMES LTD. and its licensors will not be held liable for any damage, injury or loss if caused as a result of your negligence, accident or misuse, or if the Game has been modified in any manner (not by BEARHAMMER GAMES LTD. or its licensors) after it has been bought.
7.2. This EULA shall not limit or exclude any rights you might have as a consumer that may not be excluded or limited under applicable law, including without limitation the following:
a. fraudulent misrepresentation;
b. death or personal injury arising caused by the negligence of BEARHAMMER GAMES or its licensors; or
c. the event where the game is defective, and we delivered it to you, and it damages your property. However, we will not be liable if the damage could have been avoided by following our advice about system requirements, installation guidance, game use guidance or by applying updates we offered to you free of charge.
7.3 We recommend that you back up any content and data of yours used in connection with the game to protect yourself and in case of a problem with the game or data corruption.
7.4 Other than as set out above or where our liability cannot be limited by applicable law, our overall liability to you is limited to the price you paid for the game or, in the event no price was paid, £20.
If any court of competent jurisdiction or competent authority finds that any provision of this EULA is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of this EULA shall not be affected. If any invalid, unenforceable or illegal provision of this EULA would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable to reflect BEARHAMMER GAMES LTD.s initial intentions.
9. APPLICABLE LAW AND JURISDICTION
9.1 To the maximum extent permitted by the local law applicable in the country in which you obtain or use the Game, the Game and this EULA are subject to the laws of England and Scotland.
9.2 To the maximum extent permitted by applicable law, the English courts shall have exclusive jurisdiction to hear any claims, disputes or proceedings about or in connection with this EULA or the Game.
9.3 Without prejudice to clauses 9.1 and 9.2 above, applicable law may grant you the right to bring claims, disputes or proceedings in your local jurisdiction. If this is the case, you may bring proceedings there. For example, if you live in Scotland, you can bring proceedings in either the Scottish or English courts.
10. COMPANY AND CONTACT INFORMATION
BEARHAMMER GAMES LTD.
Registered office: 272 Bath Street, Glasgow, Scotland, G2 4JR
Registered in Scotland with company number SC626982
Contact us by emailing: firstname.lastname@example.org
THIS EULA IS APPLICABLE ONLY TO THE EXTENT AUTHORISED BY LAW.
HEALTH AND SAFETY NOTICE
PLEASE FAMILIARIZE YOURSELF WITH THIS NOTICE AND THE DISCLAIMER NOTICE BEFORE YOU OR ANYONE IN YOUR CARE USES THIS GAME.
PLEASE FOLLOW THESE PRECAUTIONS WHENEVER USING THIS GAME:
Please do not:
- use or play this Game (or others) if you are or feel sick, tired, fatigued or discomfort, or are under the influence of alcohol or drugs, hung-over, or pregnant;
- use or play the Game while in a moving vehicle such as a car, bus, or train;
- play for too long at any one time; please follow all guidance applicable to or accompanying the platform you use regarding playing time and take a 10 to 15-minute break every 30 minutes.
Notice to parents and carers:
Please observe children under 18 whilst they play this Game and other games. Please ensure that you and they follow the precautions described above and in the health and safety warnings for the relevant platform (if any). If your child experiences dizziness, altered vision, eye or muscle twitching, involuntary movements, loss of awareness, disorientation, convulsions or any other side effects, PLEASE STOP ALL USE IMMEDIATELY and consult a doctor.
Prolonged use should be avoided. Please ensure that children take regular breaks and monitor children closely during and after use for any negative effects.