EULA

YELLOW DOT END USER LICENSE AGREEMENT (“YD EULA”)

Effective Date: 04.04.2023

THIS SOFTWARE IS LICENSED, NOT SOLD.  YELLOW DOT CORPORATION of Gdansk, Poland, and its affiliated companies (collectively, “YD” or “We”) reserves all rights not expressly granted to you.  The products that are subject to this license are referred to in this license as the Game Software, Editors, Additional Contentand Key Code (each as defined below) and collectively as the “Product”.

If you have any questions about this agreement, you can reach YD at contact@yellow-dot.eu.

This is a legal agreement between you and YD.  Please review this End User License Agreement (“YD EULA” or “Agreement”) carefully before installing, accessing or utilising the game you have just purchased (“GAME SOFTWARE”), the editing software you have just downloaded or any part of the Game Software or any third party software authorised for use with the Game Software by YD which allows you to construct new variations, modifications, derivations, adaptations, copies or improvements of the Game Software (“EDITORS”), any other content available for download whether for purchase or offered without cost by YD (“ADDITIONAL CONTENT”), and the unique alpha-numeric sequence of numbers delivered to you electronically which when activated on a third-party platform enable you to redeem, access, download and use the Game Software (“KEY CODE”). The Game Software includes all software included with the video game, the associated media, any updates and upgrades that replace or supplement the software that are not distributed with a separate license, the associated media, any software associated with the online mode of the video game, any online or electronic documentation, and any and all copies of such software and materials.

Please enquire about anything in this Agreement that you do not understand.  YD requests that you contact the customer service. Please note that there may be a charge for the telephone call to the customer service centre.

IMPORTANT - READ CAREFULLY: BY PURCHASING, INSTALLING, OPENING, COPYING AND/OR OTHERWISE USING THIS PRODUCT YOU HEREBY ACKNOWLEDGE, ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT (INCLUDING ANY AND ALL SCHEDULES ANNEXED TO THIS AGREEMENT). YD RESERVES THE RIGHT TO AMEND OR MODIFY THIS AGREEMENT AT ANY TIME, IN ANY MANNER, AT YD’S SOLE DISCRETION AND WITHOUT INCURRING ANY LIABILITY. THIS AGREEMENT, AS AMENDED FROM TIME TO TIME AND PUBLISHED AT www.yellowdotgames.com/eula SHOULD BE READ ALONGSIDE THE YD PRIVACY POLICY (PUBLISHED AT www.yellowdotgames.com/privacy-policy ) AND YD COOKIE POLICY. YOU AGREE THAT YOUR CONTINUED USE OF THE PRODUCT AFTER YD HAS PUBLISHED AN AMENDED VERSION OF THIS AGREEMENT CONSTITUTES ACCEPTANCE BY YOU OF ANY AMENDMENTS. THE AGREEMENT, INCLUDING ANY AMENDMENTS APPLIES TO ALL USERS OF THE PRODUCT INCLUDING USERS WHO ARE ALSO CONTRIBUTORS OF CONTENT, INFORMATION, AND OTHER MATERIALS OR SOFTWARE.  IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO INSTALL, OPEN, COPY OR OTHERWISE USE THE PRODUCTS. IF YOU PURCHASED A PRODUCT AT RETAIL THEN YOUR RIGHT TO RETURN THE PRODUCT IS SUBJECT TO THE RETAILER’S RETURN POLICY AND YOU SHOULD CONTACT THE RETAILER. YOUR REMEDY FOR DISSATISFACTION WITH THE PRODUCT OR ANY OTHER MATERIALS OR INFORMATION MADE AVAILABLE BY OR THROUGH YD, IS TO STOP USING SUCH PRODUCT, MATERIALS, OR INFORMATION.  THIS AGREEMENT BETWEEN YOU AND YD REGARDING COMPLIANCE WITH THE AGREEMENT BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THE PRODUCT.  IF YOU DO NOT AGREE TO THE TERMS SET FORTH IN THIS AGREEMENT, DO NOT DOWNLOAD OR USE THE PRODUCT AND YD SHALL NOT GRANT, OR BE DEEMED TO GRANT, TO YOU THE LICENSE TO INSTALL AND USE THE PRODUCT.

1. USER'S ACKNOWLEDGMENT OF PRIVACY POLICY AND ACCEPTANCE OF TERMS

The Product is offered subject to your compliance with all of the terms and conditions contained herein and all other operating rules, policies and procedures.  In addition, some applications offered through or in connection with the Product may be subject to additional terms and conditions published by YD from time to time.  Any material modifications to the Agreement will also be brought to your attention by posting on www.yellowdotgames.com/blog.  

Such material modifications will be effective immediately, and will apply to disputes arising under the Agreement from the date of posting forward.  Your continued use of the Product after a modification has been made to the Agreement constitutes your acceptance of such modification.

By using the Product, you acknowledge that you have read and understood the terms of our privacy policy, made available at www.yellowdotgames.com/privacy-policy.

Local laws in your respective jurisdiction may require that you are of a certain age in order to enter into certain legally binding arrangements such as the terms of this Agreement.

In the event that you are under the required age, you may not continue to use the Product, unless your parent or legal guardian has reviewed and agreed to these terms. Local laws may also require that children under a certain age are supervised during their use of the Product. By using the Product, you warrant that you are old enough to use the Product without supervision and accept responsibility for all unauthorised use of the Product by persons under the required age. If you are under the required age, your parent or legal guardian warrants that they are supervising and monitoring your use of the Product at all times.

This Product may not be appropriate for children under a certain age. Where possible, YD shall provide an indication of the appropriate age based on the content contained within the Product using a games rating.  The games rating is a guideline only and YD shall not be liable in the event that you deem such material to be inappropriate for the age rating in all the circumstances. Please be aware that not all features of the Product are rated and some features may contain adult language and material.

2. LIMITED USE LICENSE

Subject to your compliance with the terms and conditions of the Agreement, YD hereby grants you a non-exclusive, non-transferable, limited, fully revocable right and license to install, access and use one (1) copy of the Product solely and exclusively for your personal and non-commercial use. This Agreement shall also apply to any patches, updates or upgrades you may obtain for any of the Products.  IN ACCORDANCE WITH AND WITHOUT LIMITATION TO THE PROVISIONS OR PROTECTIONS SET FORTH HEREIN, DUPLICATION, COPYING OR ANY FORM OF REPRODUCTION OF THE PRODUCT OR RELATED INFORMATION OR MATERIALS TO ANY OTHER SERVER OR LOCATION FOR THE PURPOSES OF ANY OTHER FORM OF REPRODUCTION OR ANY FORM OF DISTRIBUTION IS EXPRESSLY AND EXPLICITLY PROHIBITED, except where permitted by law. All rights not specifically granted under this Agreement are hereby reserved by YD and, as applicable, by its licensors.

You may not cause or permit the sale or other commercial distribution or commercial exploitation (e.g., by renting, licensing, sublicensing, leasing, disseminating, uploading, downloading, transmitting, whether on a pay-per-play basis or otherwise) of the Product (or any part thereof), without the express prior written consent of an authorised representative of YD.

3. NO RIGHT TO OWNERSHIP

YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE PRODUCT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL SUCH RIGHTS ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF YD.  Except as expressly licensed to you herein, all right, title, and interest in and to the Product and any and all associated copyrights, trademarks and intellectual properties therein and/or related thereto and all copies thereof (including, but not limited to, any patches, updates, copies, derivative works, titles, computer code, themes, objects, characters, character names, stories, dialogs, catch phrases, locations, concepts, artwork, images, animation, sounds, musical compositions, audio-visual effects, text, methods of operation, moral rights, “applets” incorporated into the Product and any related documentation) are owned by YD or YD’s licensors.

The Product is protected by UK copyright laws, international copyright treaties and conventions, and other laws. All rights are reserved. The Product contains certain licensed materials, and YD and YD’s licensors may protect their rights in the event of any violation of this Agreement.

The limited license granted to you under this Agreement does not give you any title or ownership in Product, and should not be construed as a sale or transfer of any intellectual property rights in or relating to the Product.

4. NO SALE OR ASSIGNMENT

YD does not recognise the transfer of the Product and for the avoidance of doubt, this shall include the separate transfer of any individual components of the Product (including the Game Software, Editors, Additional Content and Key Code).  Therefore, you may not give, purchase, sell, bargain, barter, market, trade, offer for sale, sell, license, assign or otherwise divest your rights, responsibilities or obligations under this Agreement, either in whole or in part, without the prior written consent of YD.  Any attempt to do so shall be void and of no effect.

5. SHUTDOWN OF ONLINE SERVICES

YD reserves the right to stop offering or supporting online services (if any) related to the Product at any time. If this happens, any related account or data you have may be terminated and you may lose your ability to access some or all portions of the Product and User- Generated Content. YD shall not be required to provide refunds, benefits, or other compensation in connection with discontinuing such online services.

6. USER GENERATED MATERIALS

The following terms apply in relation to the Editors provided to you for use with the Game Software, or any other third party software which is authorised to be used with the Product, and which allow the synchronisation of audio, visual or audio-visual content which is created by you, including but not limited to Twitch streams (“User-Generated Content”) with the Game Software and/or audiovisual content reproduced from the Game Software (“Game Footage”). This Section does not apply in relation to the creation of any Mods (as defined in the Schedule 1), which are governed by the additional terms in the Schedule which apply and form part of this Agreement. YD may (but is not obligated to) remove, disable, block, edit, or move any User-Generated Content for any reason at its sole discretion, including if YD determines the User-Generated Content violates this Agreement.  YD does not assume any responsibility or liability for User-Generated Content, for removing it, or not removing it. YD does not pre-screen User-Generated Content and does not endorse or approve any User-Generated Content available on or through the Product. You are responsible for your User-Generated Content and may only upload or transmit User-Generated Content that you own.

YD acknowledges and agrees that it does not obtain any right, title and interest in the User-Generated Content (excluding any Game Software, Game Footage and/or any other intellectual property of YD). To the extent required by YD, with respect to the User-Generated Content, you automatically grant to YD the irrevocable, perpetual, worldwide, royalty free, sub-licensable right and license under all applicable copyrights and intellectual property rights laws to use, reproduce, modify, adapt, perform, display, distribute and otherwise exploit and/or dispose of the User-Generated Content (or any part thereof). Unless prohibited by applicable law, you hereby waive the benefit of any moral rights, droit moral, or any similar law in any country of the world with respect to User-Generated Content. You shall not be entitled to any compensation for User-Generated Content except as part of a separate express agreement between you and YD. You also agree that YD may use User-Generated Content in any manner it deems appropriate.

YD hereby grants you a non-exclusive, non-transferable, limited, fully revocable right and license to use the Game Software or Game Footage with your User-Generated Content, subject to the terms and conditions of this Agreement and any other policies which YD publishes from time to time. The license you have been granted to synchronise the Game Software and the Game Footage does not include any rights to (a) resale of the Game Footage or Game Software; (b) the distribution, public performance or public display of any Game Software or Game Footage other than as expressly authorised herein or in any policies published by YD; (c) modifying or otherwise making any derivative uses of the Game Software or Game Footage, or any portion thereof for any other reason. You acknowledge and agree that all right, title and interest in the Game Software and the Game Footage in any part of the world and whether or not registered or registrable and to the fullest extent thereof and for the full period thereof and all extensions and renewals thereof, are for the benefit of YD and will remain our property or that of our group companies.

You hereby warrant and represent that any User-Generated Content which you synchronise with the Game Software and/or Game Footage shall not be discriminatory, racist, obscene, libelous, offensive, illegal, defamatory, inappropriate, invasive, or likely to adversely affect the reputation or goodwill of YD.

You hereby warrant and represent that any User-Generated Content synchronised with the Game Software and/or Game Footage, and the subsequent use and exploitation of any of those materials by you and or YD, will not infringe any rights of any person (corporate or otherwise) or otherwise result in any potential liability to YD and shall not be used for commercial purposes or commercially exploited by you in any way (through pay-per-play or timesharing services or otherwise) unless expressly authorised by YD.

7. LICENSE CONDITIONS

You agree to only use the Product, or any part of it, in a manner that is consistent with this Agreement, and you SHALL NOT:

(a) exploit the Product or any of its parts commercially, including, but not limited to, at a computer gaming centre or any other location-based site;

(b) use the Product or permit the use of the Product, on more than one computer, game console, mobile device, handheld device or other game platform at the same time, unless expressly authorised by YD;

(c) use the Product, or permit use of such Product, or make the Product available for use in a network, multi-user arrangement, remote access arrangement, including where it could be downloaded by multiple users;

(d) sell, rent, lease, license, distribute or otherwise transfer this Product or any copies;

(e) reverse engineer, derive source code, modify, decompile, disassemble, copy, or create derivative works of the Product, in whole or in part, except where permitted by law;

(f) remove, disable or circumvent any security protections, proprietary notices or labels contained on or within the Product;

(g) export or re-export the Product or any copy or adaptation in violation of any applicable laws or regulations;

(h) create data or executable programs which mimic data or functionality in the Product unless such functionality is provided to you in the Editors.

If you commit any breach of this Agreement, your right to use the Product under this Agreement shall automatically and immediately terminate, without notice. Your breach of this Section shall constitute a material breach of this Agreement and/or of applicable copyright and other intellectual property rights laws and treaties, and may subject you to civil and criminal liability.

Furthermore, you agree that you shall abide by any safety information, maintenance instructions or other relevant notices contained in the manual or other documentation accompanying or otherwise provided in connection with the Product. For the avoidance of doubt, you agree to ensure that you meet the required hardware or minimum system requirements for the Product (as specified in the Product documentation and/or in the Product description on the applicable Product storefront) (“Minimum System Requirements”).

8. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOU EXPRESSLY AGREE THAT THE USE OF THE PRODUCT IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU.  EXCEPT IN RELATION TO THE LIMITED GUARANTEE OFFERED BY YD IN SECTION 16 OF THIS AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PRODUCT IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND YD HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE PRODUCT, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.  WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE PRODUCT WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE PRODUCT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE PRODUCT WILL BE INTEROPERABLE OR COMPATIBILE WITH OTHER SOFTWARE, OR (D) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCT WILL BE EFFECTIVE, ACCURATE OR RELIABLE.  NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY YD OR ITS AUTHORISED REPRESENTATIVE(S) SHALL CREATE A WARRANTY.

DUE TO VARIATIONS IN HARDWARE, SOFTWARE, INTERNET CONNECTIONS AND INDIVIDUAL USAGE, YD DOES NOT WARRANT THE PERFORMANCE OF THE GAME SOFTWARE ON YOUR SPECIFIC DEVICE. YOU ACKNOWLEDGE THAT YD’S PRODUCTS EVOLVE OVER TIME AND THAT YOU MAY BE REQUIRED TO UPDATE THE MINIMUM SYSTEM REQUIREMENTS FOR THE PRODUCT IN ORDER TO RUN THE GAME SOFTWARE. YOU FURTHER ACKNOWLEDGE THAT YD HAS THE UNFETTERED RIGHT TO MAKE CHANGES TO ITS GAME SOFTWARE AND MINIMUM SYSTEM REQUIREMENTS AT ANY POINT WITHOUT NOTICE TO YOU. YD SHALL NOT BE LIABLE TO YOU FOR YOUR FAILURE TO MEET ANY CHANGES TO THE MINIMUM SYSTEM REQUIREMENTS.  ADDITIONALLY, AT SOME POINT IN THE FUTURE THE PRODUCT MAY GO OUT OF DATE, AND YD MAKES NO COMMITMENT TO UPDATE SUCH PRODUCT.  THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS SECTION APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, FAILURE TO MEET THE MINIMUM SYSTEM REQUIREMENTS, THEFT OR DESTRUCTION OR UNAUTHORISED ACCESS TO, ALTERATION OF, OR USE OF THE PRODUCT, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.  THE USE OF THE PRODUCT OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH OR IN CONNECTION WITH ANY PRODUCT IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

YD MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE PRODUCT, INFORMATION AND/OR RELATED GRAPHICS PUBLISHED AS PART OF THE PRODUCT FOR ANY PURPOSE.  THE PRODUCT, INFORMATION AND RELATED GRAPHICS PUBLISHED AS PART OF THE PRODUCT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. YOU UNDERSTAND AND AGREE THAT TEMPORARY INTERRUPTIONS OF THE PRODUCT MAY OCCUR AS NORMAL EVENTS. YOU FURTHER UNDERSTAND AND AGREE THAT WE HAVE NO CONTROL OVER THIRD PARTY NETWORKS YOU MAY ACCESS IN THE COURSE OF THE USE OF THE PRODUCT, AND THEREFORE, DELAYS AND DISRUPTION OF OTHER NETWORK TRANSMISSIONS ARE COMPLETELY BEYOND YD'S CONTROL.

YOU ACKNOWLEDGE AND AGREE THAT YOUR EXCLUSIVE REMEDY FOR ANY DISPUTE WITH YD IS TO STOP USING THE PRODUCT.  IN NO CASE SHALL ANY LIABILITY OF YD TO YOU EXCEED THE AMOUNT THAT YOU PAID TO YD OR ITS AFFILIATES AND/OR DESIGNEES FOR THE APPLICABLE PRODUCT GIVING RISE TO ANY SUCH LIABILITY.  IN NO EVENT SHALL YD OR ITS AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE PRODUCT, INCLUDING DAMAGES TO PROPERTY, LOSS OF GOODWILL, COMPUTER OR OTHER DEVICE FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, EVEN IF YD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND/OR PERSONAL INJURY, DEATH, FRAUD AND/OR CERTAIN IMPLIED WARRANTIES, IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF YD AND THE YD PARTIES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

9. INDEMNIFICATION

Upon a request by YD, you agree to defend, indemnify, and hold YD and its affiliates harmless from all liabilities, claims, losses, costs and expenses, including attorneys’ fees, that arise from (a) your use of, or activities in connection with the Product (including but not limited to the creation and use of User-Generated Content which is synchronised with the Game Software and/or Game Footage; (b) any violation of the Agreement by you; or (c) any allegation that any content that you make available via the Product infringes or otherwise violates the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party.  YD reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with YD in asserting any available defences.

10. E-MAIL, MESSAGING, BLOGGING AND CHAT

YD may make email, messaging, blogging, or chat (collectively, "Communication Software") available through the Product, either directly or through a third-party provider.  YD is not responsible for communications made by other users via the Communication Software.  We are not responsible for communications made by you via the Communication Software. You acknowledge and agree that your communications made via the Communication Software are public and not private communications. You acknowledge and agree that personal information that you communicate via the Communication Software may be seen and used by others and may result in widespread distribution of such information.  We strongly encourage you not to disclose any personal information in your public communications via the Communication Software unless you wish such information to be made permanently available to the public.

YD may provide links to other third-party worldwide web sites or resources through the Product, either directly or through a third-party provider. YD makes no representations whatsoever about any other web site which you may access. Because YD has no control over such sites and resources, you acknowledge and agree that YD is not responsible for the availability of such external sites or resources and is not responsible or liable for any content, advertising, products, services or other materials on or available from such sites or resources and you access these websites at your own risk. References to any names, marks, products or services of any third parties or hypertext links to third party sites or information are provided solely as a convenience to you, and do not constitute or imply an endorsement, sponsorship or recommendation of, or affiliation with the third party or its products and services. YD makes no representation or warranty as to any third party content, products or services, and you agree that YD shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party content, products or services available on or through any such site or resource.

11. INTERNATIONAL USE

Although the Product may be accessible worldwide, we make no representation that the Product or related materials are appropriate or available for use in your location, and the Product may not be accessed from territories where the content is prohibited by local laws.  Those who choose to access the Product from such locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.  Any offer and/or information made in connection with the Product is void where prohibited.  Without limiting the foregoing, the Product may not be exported or re-exported (a) into (or to a national resident of) any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List.  By accessing and using the Products, you represent and warrant that you are not located in, under control of, or a national resident of any such country or on any such list.

12. TERMINATION AND SURVIVABILITY OF TERMS

The Agreement set forth herein continues to remain in full force and effect until such time as terminated by either party. YD may, at any time and in its sole discretion, terminate this Agreement and/or discontinue the operation or provision of the Products, with or without notice. You agree and acknowledge that you are not entitled to any refund for any amounts which were paid to YD prior to any termination.  You retain full discretion to discontinue use of the Product at any time, pursuant to the terms of this Agreement.  Without prejudice to any other rights of YD, this Agreement shall terminate automatically if you fail to comply with its terms and conditions.  Upon termination, you must destroy all copies of the Product.  The provisions of Sections 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, , 15, 16 and the Modding Terms shall survive any termination of this Agreement.

13. INJUNCTION

Because YD would be irreparably damaged if the terms of this Agreement were not specifically enforced, you agree that YD 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.

14. DATA PROTECTION NOTIFICATION

YOU ACKNOWLEDGE THAT YD MAY (I) PROCESS PERSONAL DATA RELATING TO YOU AS PART OF YOUR USE OF THE PRODUCT AND (II) DISCLOSE OR TRANSFER SUCH PERSONAL DATA TO OTHER PERSONNEL OR ENTITIES WITHIN YD, OR ANY OTHER PERSONS AS MAY BE REASONABLY NECESSARY, AND AS OTHERWISE REQUIRED OR PERMITTED BY LAW. FURTHER DETAILS IN RESPECT OF THE COLLECTION, PROCESSING AND TRANSFER OF SUCH DATA ARE OUTLINED IN THE YD PRIVACY POLICY MADE AVAILABLE ONLINE AT www.yellowdotgames.com/privacy-policy  IN LIMITED CASES WHERE CONSENT IS APPROPRIATE TO AND SOUGHT FOR SPECIFIC PROCESSING, A SEPARATE CONSENT NOTICE WILL APPLY.

Questions, comments and requests regarding the data we collect are welcomed and should be addressed by email contacting us at contact@yellow-dot.eu.

15. OPEN SOURCE SOFTWARE AND THIRD PARTY SOFTWARE

THE GAME SOFTWARE INCLUDES AND/OR USES OPEN SOURCE SOFTWARE (“OSS”) AND THIRD PARTY SOFTWARE (“TPS”). YOU AGREE TO BE BOUND BY LICENCE TERMS AS RESTRICTIVE AS THOSE CONTAINED HEREIN IN RESPECT OF THE OSS AND TPS CONTAINED IN THE SOFTWARE.

16. MISCELLANEOUS

This Agreement represents the complete agreement between you and YD concerning the Product and supersedes all prior agreements and representations, warranties or understandings between you and YD (whether negligently or innocently made but excluding those made fraudulently), regarding the same subject matter. 

If any part of the Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty, disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.  Any failure by us to enforce or exercise any provision of the Agreement or related rights shall not constitute a waiver of that right or provision.

YD may assign this Agreement, in whole or in part, at any time.  Notwithstanding, you may not assign, transfer or sublicense any or all of your rights or obligations under the Agreement without YD’s express prior written consent.

YD’s performance of the Agreement is subject to existing laws and legal process, and nothing contained in the Agreement is in derogation of YD’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Product or information provided to or gathered by YD with respect to such use.  In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of the Product arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labour disturbance, war, terrorism, fire, denial of service attack, internet outages, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.

Nothing in this Agreement gives or claims to give to any third party any benefit or right to enforce any term of this Agreement.

The parties agree that all correspondence relating to this Agreement shall be written in the English language.

This Agreement and any dispute arising out of or relates to it shall be construed under laws of Poland, and you consent to the exclusive jurisdiction of the Polish Courts. 

You may contact YD by writing to YD at the following address:

  • Yellow Dot sp. z o.o. sp. k.

  • Al. Grunwaldzka 413

  • 80-309 Gdansk, Poland

Email: contact@yellow-dot.eu.

UNLESS OTHERWISE NOTED, THE EXAMPLE COMPANIES, ORGANISATIONS, PRODUCTS, PEOPLE AND EVENTS DEPICTED IN THE PRODUCT ARE FICTITIOUS AND NO ASSOCIATION WITH ANY REAL COMPANY, ORGANISATION, PRODUCT, PERSON OR EVENT IS INTENDED OR SHOULD BE INFERRED.

BY CONTINUING TO USE THE PRODUCT, YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE FOREGOING AGREEMENT AND AGREE THAT YOUR USE OF THE PRODUCT IS AN ACKNOWLEDGMENT OF YOUR AGREEMENT TO BE BOUND BY THE AGREEMENT.

 

 

SCHEDULE 1

MODDING TERMS

Where possible, YD encourages its users to express their creativity and enhance the experience of certain games through the creation of modifications (including but not limited to new maps, items, characters, models, textures, levels, story lines, music and game modes) for use with the Product (“Mod” or “Mods”). In order to protect YD, the Product, any third-party licensors that have licensed intellectual property to YD for use in the Product, and users that create Mods, the following terms apply (“Modding Terms”). Please review these rules carefully before you create, share, distribute, use or otherwise exploit any Mods.

Please note that YD prohibits the creation of Mods for certain games. This may be due to third party licensing issues which prevent YD from allowing its users to create Mods. In such instances, you shall not be entitled to create Mods for that Product and the Modding Terms shall not apply.

If you are unsure as to whether the creation of Mods is prohibited for your Product, please contact YD’s Customer Service (contact@yellow-dot.eu). Please note that laws in your respective jurisdiction may require that you are of a certain age in order to enter into legally binding arrangements such as the Modding Terms. In the event that you are under the required age, you may not create any Mods, unless your parent or legal guardian has reviewed and agreed to these terms. The licence we provide to you to create and use Mods with the Product may be revoked if you breach the Modding Terms.

1. OWNERSHIP

You acknowledge that you shall have no ownership or other proprietary interest in the Product and/or any Mods which you create, except as expressly stated herein. Any Mods that you create shall belong to you only insofar as the Mod contains your original creative work. You acknowledge and agree that all right, title and interest in any elements of the Mod which represent, comprise, derive or are based upon any intellectual property rights which subsist in the Product (including but not limited to any computer code, themes, objects, characters, character names, stories, dialogs, catch phrases, locations, concepts, artwork, images, animation, sounds, musical compositions, audio-visual effects or text), including without limitation copyrights, trademarks and other intellectual properties therein and/or related thereto, whether or not registered or registrable, are owned by, or for the benefit of  YD and its licensors.

You shall not be entitled to any compensation for the creation of Mods except as part of a separate express agreement between you and YD. You also agree that YD may use the Mod in any manner it deems appropriate.

2. LICENCE

Subject to your compliance with the terms and conditions of the YD EULA and the Modding Terms, YD hereby grants you a non-exclusive, non-transferable, limited, fully revocable right and licence to install, access and use the in-game modding tools, any graphical assets and/or other related tools provided by YD (“Modding Tools”) solely and exclusively to create Mods for use with the Product and to publish those Mods within the Product or on the applicable YD approved third party Modding webpage for the Product (“Modding Libraries”). Please note that certain Modding Libraries may be owned and operated by third parties such as Valve (https://store.steampowered.com/), EPIC (https://www.epicgames.com/store/en-US/) and mod.io https://mod.io/  (collectively, the “Third Party Platforms”) and may be subject to additional terms and conditions published by those Third Party Platforms. You acknowledge and agree that your use of the Modding Tools is at your own discretion and risk and that you will be solely responsible for any obligations, damages or losses which arise from your registration, access and use of the Modding Tools.

You agree to use the Modding Tools to create Mods in a manner that is consistent with this Agreement, and with any additional terms and conditions published by the Third Party Platforms, including an agreement that you shall not sell, rent, lease, licence, distribute or otherwise transfer or exploit the Modding Tools and/or Mods or any copies thereof, for commercial gain or otherwise, except as permitted by this Agreement and/or the Third Party Platforms. A breach of the provisions of this licence shall constitute a material breach which has the effect of terminating the YD EULA (including the Modding Terms) and which may subject you to civil and criminal liability.

In consideration of the above grant of rights, you hereby grant YD, its affiliates, its licensors and any Third Party Platforms all the necessary consents, clearances and an irrevocable, sub-licensable, worldwide, royalty-free, perpetual license and right to use, reproduce, modify, adapt, display, distribute or otherwise exploit any Mod which is uploaded to the Modding Libraries in any way YD and/or any Third Party Platforms see fit for use with the Product. You waive and agree never to assert against YD or its affiliates, licensors, or the Third Party Platforms any moral rights or similar rights, however designated, that you may have in or to any Mods.

3. CONTENT RESTRICTIONS

Any element which you include in your Mod (except for the Modding Tools) must be your own original work created by you or you must have obtained the necessary permissions to use such materials. You are responsible for the content of any Mods which you create and publish on the Modding Libraries and shall warrant and represent to YD and any Third Party Platform that your Mods do not contain:

  1. any materials which are discriminatory, racist, obscene, libelous, offensive, illegal, defamatory, inappropriate, invasive, or likely to adversely affect the reputation or goodwill of YD and/or its licensors;

  2. any resemblance to any recognisable third party brand, character or personality, including but not limited to any trademark, logos or third party assets except for those assets provided to you by YD within the Modding Tools as necessary for the creation of the Mod for use with the Product;

  3. any assets from other games published by YD and its affiliates or any other third party without permission, where such use constitutes an infringement of third party intellectual property rights;

  4. any materials which do not comply with any additional instructions provided to you by YD and/or the Third Party Platforms as published on the Modding Libraries or within the Modding Tools, which may be updated by YD and/or the Third Party Platforms from time to time;

  5. any malicious code, including viruses, spyware, Trojan horses, worms, time bombs, cancelbots, corrupted data, or other content that contains malicious code or in any way damages or interfere with the operation of the Product.

YD does not pre-vet or monitor any Mods which are uploaded to the Modding Libraries and does not monitor, endorse or approve any Mods. You are solely responsible for your Mod and may be held liable for any Mod which you create and upload to the Modding Libraries. YD and the Third Party Platforms (when applicable) reserve the right, in their sole and final discretion, to remove, disable, block, edit or move any Mods from the Modding Libraries for any reason in its sole discretion including if YD determines the Mods violates this Agreement. To the maximum extent permitted by applicable law, YD does not assume any responsibility or liability for the Mods or for removal of Mods, or any failure or delay in removing such Mods.

4. INDEMNIFICATION

You agree to indemnify, defend and hold YD and its parent companies, affiliates, licensors, licensees, contractors, officers, directors, employees, agents and the Third Party Platforms harmless from any damages, losses, cost and expenses (including attorneys’ fees) arising directly or indirectly from any acts and omissions associated with the use of any Mod which you create and publish, including but not limited to any allegation that the Mod violates the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party, or any other violation of these terms.

5. OUR LIABILITY

WE PROVIDE THE PRODUCT, THE MODDING TOOLS AND ANY MODS ON AN “AS IS” BASIS AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. YOU ACKNOWLEDGE AND AGREE THAT YOUR EXCLUSIVE REMEDY FOR ANY DISPUTE WITH YD IS TO STOP USING THE PRODUCT (INCLUDING BUT NOT LIMITED TO THE MODDING TOOLS AND/OR ANY MODS). IN NO EVENT SHALL YD AND ITS LICENSORS, OR ANY THIRD PARTY PLATFORMS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE PRODUCT, THE MODDING TOOLS AND ANY MODS. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES AND/OR PERSONAL INJURY, DEATH, FRAUD AND/OR CERTAIN IMPLIED WARRANTIES, IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF YD AND ITS LICENSORS SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

6. TERMINATION

YD and the Third Party Platforms reserve the right to suspend access to, or terminate the licence for, any Mods, Modding Tools and the Modding Libraries at any time for any reason.  If you commit any breach of Section 2 and 3 of the Modding Terms, your licence to use the Product, the Modding Tools and/or any Mods shall automatically terminate, without notice. Your grant of the licence to YD to use any Mods which you create and publish to the Modding Libraries shall survive termination.

Because YD would be irreparably damaged if the terms of this Agreement were not specifically enforced, you agree that YD shall be entitled 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.

7. MISCELLANEOUS

This Agreement represents the complete agreement between you and YD concerning Mods and the Modding Tools and supersedes all prior agreements and representations, warranties or understandings between you and YD (whether negligently or innocently made but excluding those made fraudulently), regarding the same subject matter.  YD reserves the right to amend or modify these terms at any time, in any manner, without any liability to YD and at YD’s sole discretion. Any amendment or modification to these terms shall be made available at www.yellowdotgames.com/eula.