SECRET NEIGHBOR END USER LICENSE AGREEMENT
Date of Last Revision: April 20, 2020
The following end user license terms and conditions (“EULA”) apply to all use, download, and installation of each version and iteration of our Game, Secret Neighbor, as made available by us, tinyBuild Games LLC (“tinyBuild”)
YOU SHOULD READ THE FOLLOWING EULA CAREFULLY, BEFORE USING, DOWNLOADING, OR INSTALLING THE GAME. ALL USE OF THE GAME IS GOVERNED BY AND CONDITIONAL ON YOUR ACCEPTANCE OF, AND COMPLIANCE WITH, THIS EULA. ANY USE, REPRODUCTION, OR REDISTRIBUTION OF THE GAME THAT IS NOT IN ACCORDANCE WITH THE TERMS OF THIS EULA ARE EXPRESSLY PROHIBITED.
IF YOU DO NOT ACCEPT THE TERMS OF THE GAME EULA, YOU MAY NOT USE, DOWNLOAD, OR INSTALL THE GAME.
1.1. This game and any accompanying online or electronic documentation (together, the “Game”) has been produced by and is the property of tinyBuild. tinyBuild is referred to as “us”, “we”, and “our” in this EULA. Our main office is at 1100 Bellevue Way NE, STE 8A - 317, Bellevue, Washington 98004.
1.2. THE TERMS AND CONDITIONS BELOW SET OUT THE AGREEMENT BETWEEN YOU (“you”) AND TINYBUILD FOR THE PURCHASE, DOWNLOAD, INSTALLATION AND USE OF THE GAME SO PLEASE READ THIS CAREFULLY.
1.3. BY DOWNLOADING AND USING THE GAME YOU ARE AGREEING TO BE BOUND BY AND BECOME A PARTY TO THIS EULA. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS EULA YOU SHOULD NOT PURCHASE, DOWNLOAD OR USE THE GAME.
2. OWNERSHIP OF THE GAME AND CONTENT
2.1. All right, title, interest, and ownership rights and any copyright, design rights, database rights, patents and any rights to inventions, know-how, trade and business names, trade secrets and trademarks (whether registered or unregistered) and any applications therefor and other intellectual property rights (together “Intellectual Property Rights”) in the Game and the Game content, including but not limited to all musical samples, text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content ("Content") belong to tinyBuild and/or our licensors. All rights are asserted and reserved, save for those granted under this EULA. The Game or Content may contain licensed materials and our licensors may act to protect their interests in the event of any breach of this EULA.
2.2. The Game and Content are protected by copyright law, international copyright treaties, and conventions and other laws. All rights are asserted and reserved. The Game may contain certain licensed materials and our licensors may act to protect their rights in the event of any breach of this EULA. All trademarks are the property of their respective owners.
3. LIMITED USE LICENSE
3.1. You are not sold the Game or any Content but, subject to your compliance with all conditions of this EULA, tinyBuild grants you a non-exclusive, personal, revocable, nontransferable license to download, install, and use the Game and Content for your personal, non-commercial use on devices or consoles which you own or control and which have the necessary specifications to run and operate the Game.
3.2. The Game and Content are licensed to you in accordance with paragraph 3.1 above. It is not sold to you, and your license confers no title or ownership in the Game or Content.
4. YOUR USE OF THE GAME
4.1. By downloading and installing the Game, you confirm that you are either over 18 years of age or, if you are under 18 years old, that you are 13 years of age or older and you have obtained your parent or guardian’s consent to download, install and use the Game subject to this EULA which they have read and explained to you.
5. SYSTEM REQUIREMENTS
5.1. It is your obligation to ensure that you are using the latest compatible public release of any platform operating system.
6.1. You may only use the Game for your personal, private, and non-commercial use.
6.2. You are not entitled to and must not:
6.2.1. sell, distribute, reproduce, transfer, publicly display, translate, modify (except for Permitted Modding – defined below), adapt, create derivative works from, deconstruct, reverse engineer, decompile or disassemble, rent, lease, loan, sub-license or otherwise deal in copies or reproductions of the Game to other parties in any way except as permitted by this EULA;
6.2.2. remove, delete, obscure, disable, modify, add to, tamper with, or circumvent any program code or data, copyright, trade mark, or other proprietary notices, labels or copy protection software contained on or within the Game or Content;
6.2.3. exploit the Game, Content, or any of its parts thereof for any commercial purpose including, but not limited to, using the Game for any illegal or immoral purposes;
6.2.4. export or re-export the Game or any copy or adaptation in violation of any applicable laws or regulations;
6.2.5. create data or executable programs which mimic data or functionality in the Game except in the case of Permitted Modding;
6.2.6. remove, disable or circumvent any copy protection software contained on or within the Game or Content; and
6.2.7. use the Game or Content for any illegal or immoral purposes.
6.3. Notwithstanding Section 6.2 above you may reverse engineer, decompile or disassemble the Game only insofar as you are entitled to do so by the Copyright, Designs and Patents Act 1988 or other applicable law.
6.4. All works or copies of works arising from activities permitted by Section 6.3 shall belong to, vest in and be the exclusive property of tinyBuild upon creation, and you shall permanently delete all such works in your possession or control immediately once you have concluded those activities.
6.5. At tinyBuild’s sole discretion and written approval, we may allow you to make modifications to the Game software for the purpose of making mods and tools for the Game (“Mods”) in the future, provided you don’t sell them for money or try to make money from them (“Permitted Modding”). If you want to make your Mods available to the Game community you must first get prior written approval from tinyBuild by submitting a formal request to firstname.lastname@example.org. Any Mods that use our code or assets will belong to, vest in, and are the exclusive property of tinyBuild upon creation. If you have prior written approval from tinyBuild and share any Mods for people to use with their own copy of the Game, make sure you created them yourself and that it’s clear they are not official.
7. LIMITED WARRANTY AND LIABILITY
7.1. THE GAME IS PROVIDED ‘AS IS’ AND ON AN ‘AS AVAILABLE’ BASIS WITHOUT ANY REPRESENTATION, ENDORSEMENT OR WARRANTY OF ANY KIND OTHER THAN THAT IT WILL BE OF SATISFACTORY QUALITY, AS DESCRIBED, AND FIT FOR PURPOSE.
7.2. WE DO NOT GUARANTEE THAT THE GAME WILL BE:
7.2.1. FREE OF ERRORS, VIRUSES, BUGS OR OTHER DEFECTS;
7.2.2. THAT THE GAME, ANY INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE GAME OR IN THE ACCOMPANYING DOCUMENTATION WILL BE ACCURATE OR COMPLETE;
7.2.3. THAT ANY DEFECTS IN THE GAME WILL BE CORRECTED; OR
7.2.4. THAT OPERATION OF THE GAME WILL BE UNINTERRUPTED.
7.3. YOU ACKNOWLEDGE THAT USE OF THE GAME OR RELIANCE ON ANY SUCH INFORMATION SHALL BE AT YOUR SOLE RISK.
7.4. NOTHING IN THIS EULA SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR FRAUDULENT MISREPRESENTATIONS OR FOR DEATH OR PERSONAL INJURY RESULTING FROM OUR NEGLIGENCE OR THAT OF OUR EMPLOYEES OR AGENTS.
7.5. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, INCLUDING IN YOUR LOCAL JURISDICTION, WE EXCLUDE ALL OTHER LIABILITY FOR ANY LOSS OR DAMAGE, INCLUDING ANY LIABILITY OR DAMAGE TO ANY DEVICE OR COMPUTER SYSTEM (SAVE TO THE EXTENT THAT DAMAGE TO YOUR DEVICE OR OTHER DIGITAL CONTENT WHICH YOU OWN IS CAUSED BY THE APP AS A RESULT OF OUR FAILURE TO USE REASONABLE CARE AND SKILL IN WHICH CASE YOU MAY BE ENTITLED TO COMPENSATION OR WE MAY BE OBLIGED TO REPAIR YOUR DEVICE).
7.6. NOTHING IN THIS EULA SHALL LIMIT YOUR STATUTORY CONSUMER RIGHTS.
7.7. You should back-up to another secure location, on a regular basis, any data files concerning your use of the Game as we accept no liability for lost or corrupted data.
8.1. You must adhere to the terms of this EULA and not do anything that infringes the rights of anyone else or do anything in breach of this EULA which may give a person a claim against tinyBuild.
8.2. If you breach the EULA, and tinyBuild is challenged, threatened or sued by someone because of it, tinyBuild may hold you responsible and that means you will be obligated to pay tinyBuild for any damage suffered as a result. Therefore, it’s important that you comply with this EULA.
8.3. You further agree that tinyBuild would be irreparably damaged if the terms of the EULA were not specifically enforced, and therefore you agree that tinyBuild shall be entitled to, without bond, other securities, or proof of damages, to appropriate and equitable remedies with respect to breaches of the EULA, in addition to any other remedies tinyBuild may otherwise have available under applicable laws.
8.4. Our licensors shall be third-party beneficiaries under this EULA and shall have the express right to enforce its provisions and to exploit the benefits of those protections.
9. TERM AND TERMINATION
9.1. This EULA, and any license granted by it, is effective upon your download, installation, and/or use of the Game and remains effective until terminated by either party.
9.2. You may terminate the EULA at any time by deleting and removing all copies of the Game and Content from the devices on which you have installed it, and destroying your copy of the Game and Content in your possession.
9.3. The EULA and any license granted by it will terminate automatically if you fail to abide by any term or condition of this EULA. In that event tinyBuild may, at our discretion, give you notice of termination of this EULA and any license granted by it. Upon such notice, you must cease all use of the Game, immediately delete and erase all copies of the Game and Content, including any/all copies in your possession or control and stored on any media whatsoever. Additionally, at tinyBuild’s request you must certify that you have complied with and executed the above actions.
9.4. The following Sections of this EULA shall survive termination: Section 2 (Ownership of the Game and Content); Section 7 (Limited Warranty and Liability); Section 8 (Indemnity); Section 9 (Term and Termination); and Section 12 (General).
10. DATA COLLECTION AND FEEDBACK
10.2. The Game includes automatic feedback software which, when installed on your computer, may collect and send data to and from us concerning your use of the Game including, without limitation:
10.2.1. your computer’s specification and IP address;
10.2.2. any bugs, errors or defects in the operation of the game which are detected;
10.2.3. feedback on your use of the game; and
10.2.4. the performance of the game on your computer.
10.3. If you do not want your computer to send this data to us please do not use the Game while connected to the Internet.
10.4. When you purchase the Game online, contact tinyBuild’s support center via email@example.com, or sign up for tinyBuild’s mailing list, tinyBuild may collect the following information from you:
(a) your name;
(b) your Order ID;
(c) your email address;
(d) your IP Address;
(e) the date of Purchase;
(f) the last 4 digits of the card used to make the purchase;
(g) the EU VAT country (if applicable); and
(h) a log of the download date/time of the purchased Game.
11. ONLINE SERVICE
11.1. The use of any applicable online service which may be accessed using the Game shall be subject to the terms and conditions applicable to such online service.
12. GOVERNING LAW
12.1. This Agreement shall be governed by, and will be construed under, the laws of the United States of America and the law of the State of Washington, without regard to choice of law principles.
12.2. The application of the United Nations Convention on Contracts for the International Sale of Goods to this Agreement is expressly excluded.
12.3. If you are a (1) Canadian resident who has (2) purchased a license to a Game in Canada, other laws may apply if you choose not to agree to arbitrate. Such laws shall affect this Agreement only to the extent required by such jurisdiction. If such laws apply, the terms and conditions of this Agreement shall be given their maximum effect.
12.4. Users who access the Platform from outside of the United States and Canada, are responsible for compliance with all applicable local laws.
13.1. tinyBuild’s failure to enforce a provision of this Agreement shall not be construed as a (1) waiver of such provision, or (2) diminishment of any right to enforce such provisions. Further, tinyBuild may choose to waive enforcement of a provision of this Agreement in a particular instance; however, you are still obligated to comply with that waived provision in the future.
13.2. tinyBuild shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of tinyBuild, such as natural disasters, unforeseen intrusions into our cyberspace, war, terrorism, riots, embargoes, acts of civil or military authorities, acts of God, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
13.3. If any part of this Agreement is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of this Agreement shall be given full force and effect.
13.4. The terms of the EULA are personal to you and you are not permitted to assign, sub-license, transfer, or dispose of your rights or obligations under the EULA.
13.5. The Game may not be re-exported, downloaded or otherwise exported into (or to a national or resident of) any country to which this country has an embargo in force.
TINYBUILD GAMES LLC
1100 Bellevue Way NE, STE 8A - 317,
Bellevue, Washington 98004.