End User License Agreement

Folk Tale End User License Agreement

Folk Tale is licensed, not sold.
This End User License Agreement ( "EULA" ) is a binding agreement between you ( "You" or "Your" ) and Games Foundry Limited ( "GFL" ). This EULA governs your use of Folk Tale ( "Folk Tale" ).

Definitions

EULA shall mean this End User License Agreement.
GFL shall mean Games Foundry Limited.
You and Your shall mean you.
Folk Tale shall mean the game Folk Tale, related documentation, and any updates and upgrades that replace or supplement the game in any respect.
DRM shall mean Digital Rights Management.
Personal Computer shall mean any personal computer, including but not limited to any personal computer that uses Windows, Mac, or Linux operating system software.
Alpha shall mean the pre-release version of Folk Tale with major features and content missing.
Beta shall mean the pre-release version of Folk Tale following Alpha with major features and content complete.
Final Release shall mean the full retail version of Folk Tale following Beta.
The headings to clauses are inserted for convenience only and shall not affect the construction of this Agreement.
Words expressed in the singular shall where the context so requires of permits include the plural.

Acknowledgement

By downloading, installing, copying or otherwise using Folk Tale you agree to the terms of this EULA and agree to be bound by it.

This EULA is updated from time to time and the current version will be posted at www.gamesfoundry.com/eula.aspx.

Folk Tale is being licensed to you and you hereby acknowledge that no title or ownership in Folk Tale is being transferred or assigned and this EULA should not be construed as a sale of any rights in Folk Tale.

Grant Of Limited License

Subject to the terms of the EULA, GFL hereby grants you a non-exclusive, non-transferable, revocable limited right and license to install and use Folk Tale for your personal non-commercial use. Any commercial use is prohibited.
Your acquired rights are subject to your compliance with this EULA.
The term of this EULA shall commence on the date that you install or otherwise use Folk Tale, and shall end on the earlier date that you dispose of Folk Tale, or GFL's termination of this EULA.

License Conditions

You agree not to distribute, sell, lease, rent, loan or otherwise transfer or assign Folk Tale, or any copies of Folk Tale.
You agree not to copy, reproduce, decompile, disassemble, derive source code from or reverse engineer, in whole or in part, Folk Tale, or to prepare derivative works based on Folk Tale without the express prior permission of GFL.
You agree not to modify or cause to be modified any files that are part of Folk Tale in any way not expressly authorized by GFL.
You agree not to make a copy of Folk Tale on a network that is accessible by users other than yourself, including but not limited to public file sharing networks.
You agree not to remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols, or labels in Folk Tale.
You agree not to transport, export or re-export into any country that may result in a violation of local import/export laws or regulations.

Technical Protection

Folk Tale may include measures to control access to Folk Tale, control access to certain features or content, prevent unauthorized copies, or otherwise attempt to prevent anyone from exceeing the limited rights and licenses granted under this EULA. Only licensed installations of Folk Tale can be used to access online services, including downloading updates and patches. You may not interfere with such access control measures or attempt to disable or circumvent such security features. If you disable or otherwise tamper with the technical protection measures, Folk Tale may not function properly.
Your license will immediately terminate should you attempt to circumvent any DRM protection for Folk Tale.

Reservation Of Rights

GFL reserves all right, title and interest in Folk Tale, including but not limited to all copyrights, trademarks, trade names, patents, titles, characters, character names, stories, story lines, locations, location names, artwork and graphics, audio, animations, text assets and any other intellectual property therein.

User Created Content

Folk Tale may allow you to create content, including but not limited to gameplay maps. In exchange for your use of Folk Tale, and to the extend that your contributions through use of Folk Tale give rise to any copyright interest, you hereby grant GFL an exclusive, perpetual, irrevocable, fully transferable and sub-licensable worldwide right and license to use your contributions in any way and for any purpose in connection with Folk Tale, including the rights to reproduce, copy, adapt, modify, perform, display, publish, broadcast, transmit, or otherwise communicate to the public by any means whether now known or unknown and distribute your contributions without any further notice or compensation to you of any kind for the whole duration of protection granted to intellectual property rights by applicable laws and international conventions. You hereby waive any moral rights of paternity, publication, reputation, or attribution with respect to GFL's and other players' use and enjoyment of such assets in connection with Folk Tale under applicable law. This license grant to GFL, and the above waiver or any applicable moral rights, survives any termination of this EULA.

Internet Connection

Folk Tale may require an internet connection to access internet-based features, including but not limited to uploading and downloading user generated content. Without an internet connection, such features may cease to work properly.

Information Collection and Usage

You agree that GFL may transfer, share, and/or store your user data outside the European Economic Area where reasonably necessary to administer, operate, maintain and support Folk Tale. When connected to the Internet and using Folk Tale, GFL may receive information including by not limited to your hardware MAC address, internet protocol address, and your usage of various game features. All information collected by GFL is intended to be anonymous information that does not disclose your identity or constitute personal information. However, if you include personal information such as your real name in your user ID, then such personal information will automatically be transmitted to GFL and used as described herein.
The information collected by GFL may be posted by GFL on publicly-accessible web sites, shared with hardware manufacturers, shared with platform hosts, shared with GFL's marketing partners or used by GFL for any other lawful purpose. By using Folk Tale you consent to GFL's use of related data, including public display of your data such as identification of your user created content or displaying your scores, ranking, achievements and other gameplay data. If you do not want your information shared in this manner, then you should not use Folk Tale.
GFL does not guarantee that your information will not be disclosed to third parties. While GFL's aim is to keep your information confidential, third parties may unlawfully intercept transmissions or private communications, or access data within the System.

Seizure Warning

In rare instances, some users may experience seizures when exposed to certain light patterns or flashing lights. Exposure to certain light patterns or backgrounds on a video monitor may induce an epileptic seizure, even in persons who have no history of prior seizures or epilepsy.

Termination

This EULA is effective until terminated.
GFL may terminate this EULA immediately without prior notice if you fail to comply or otherwise violate the terms of this EULA, or if you infringe the intellectual property rights of any third party.
You may terminate this EULA at any time by informing GFL by sending an email to info@gamesfoundry.com.

Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FOLK TALE IS PROVIDED ON AN "AS IS" BASIS, WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND, AND GFL HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. YOUR USE IS AT YOUR SOLE RISK.
GFL does not warrant the performance of Folk Tale on your specific Personal Computer.
GFL does not warrant that Folk Tale will run permanently or uninterupted on your Personal Computer.
GFL does not warrant against interference with your enjoyment of Folk Tale; that Folk Tale will be uninterupted, virus-free or error-free, or that Folk Tale will be compatible with third party software or that any errors in Folk Tale will be corrected.
GFL is not liable for delays or difficulties that are due to circumstances beyond its control.
You acknowledge and agree that your exclusive remedy for any dispute with GFL is to stop using Folk Tale.
No oral or written advice by GFL or authorized representative shall create a warranty.
At some point in the future Folk Tale may go out of date, and GFL makes no commitment to update Folk Tale.
Information and related graphics published as part of Folk Tale may include technical inaccuracies or typographical errors.
Whereby Folk Tale is made available for licensing during the Alpha or Beta phases of development via services such as Steam Early Access, you acknowledge and agree that during development features and content included are subject to change without prior notice, and that the Final Release of Folk Tale may not include major features and content included in the earlier Alpha and Beta releases.

Inemnification

By using Folk Tale, you hereby agree to defend, indemnify and hold harmless GFL, it's employees and its directors from and against any and all claims, liabilities, losses, injury damages, costs or expenses ( including reasonable solicitor's fees ) incurred by GFL arising out of or from your use of Folk Tale.

Limitation Of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL GFL BE LIABLE FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, LOSS OF DATA, LOSS OF GOOD WILL, LOSS OF BUSINESS, COST OF SUBSTITUTE GOODS OR SERVICES, OR ANY FORM OF INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, WHETHER ARISING IN TORT ( INCLUDING NEGLIGENCE ), CONTRACT, STRICT LIABILITY OR OTHERWISE, WHETHER OR NOT GFL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
The entire risk of satisfactory quality and performance resides with you.
Except as required by applicable law, GFL shall not be liable to you for any acts or omissions by an operator.
In no event shall GFL's total liability to you for all damages exceed the amount actually paid by you for Folk Tale.
You agree that a breach of this EULA may cause irreparable injury to GFL for which monetary damages would not be an adequate remedy and GFL shall in such event by entitled to seek equitable relief in addition to any other remedies it may have hereunder or at law.

Applicable Law

This EULA shall be governed by and construed and interpreted in accordance with English law, and the parties hereby submit to the exclusive jurisdiction of the courts of England.
The parties agree that the UN Convention on Contracts for the International Sale of Goods ( Vienna, 1980 ) shall not apply to this EULA or to any dispute or transaction arising out of this EULA.
Both parties agree that they before initiating any action in court, first seek to resolve any dispute between them through good faith negotiations of up to 15 days initiated by written communication, except in the case of injunctive relief.
This EULA is in substitution for all previous contracts express or implied between the parties.
This EULA embodies the entire understanding of the parties in respect of the matters contained or referred to in it and there are no promises, terms, conditions or obligations, oral or written, express or implied, other than those contained in this EULA.

Severability

If any provision of this EULA shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect the other provisions of this Agreement (as appropriate) and all provisions not affected by such invalidity or unenforceability shall remain in full force and effect.