End user licence agreement

Last updated: 5th Jul 2023

Please read this EULA carefully, as it sets out the basis upon which we license the Game for use.

Before you download the Game from [our website or the platform of one of our appointed distribution partners], you will be asked to give your express agreement to the provisions of this EULA.

By agreeing to be bound by this EULA, you warrant to us that you are at least 11 years of age; if you are not, you must not use the Game.

This EULA should be read in conjunction with our privacy policy, which is available at

www.striker.games/privacy

WARNING:The light patterns in some video games may trigger epileptic seizures or blackouts in a very small number of individuals. If you have an epileptic condition, you should consult a medical professional before playing the Game. If you experience dizziness, muscle twitching, changes to vision, disorientation, seizures, convulsions and/or any involuntary movements while playing the Game, you should immediately stop playing and consult a medical professional.

1. Definitions

1.1 In this EULA, except to the extent expressly provided otherwise:

"Distribution Platform" means any digital distribution platform operated by a third party by means of which the User lawfully acquired the Game;

"Distribution Platform Terms and Conditions" means the terms and conditions of the Distribution Platform that set out any rights and/or obligations of the User in relation to the Game;

"DLC" means any downloadable or other supplemental content for the Game made available by the Licensor and purchased or otherwise lawfully acquired by the User;

"Documentation" means any documentation for the Game produced by the Licensor and supplied or made available by the Licensor to the User;

"Effective Date" means the date upon which the User accepts the terms of this EULA in accordance with the preamble to this EULA;

"EULA" means this end user licence agreement, including any amendments to this end user licence agreement from time to time;

"Force Majeure Event" means an event, or a series of related events, that is outside the reasonable control of the party affected (including failures of the internet or any public telecommunications network, hacker attacks, denial of service attacks, virus or other malicious software attacks or infections, power failures, industrial disputes affecting any third party, changes to the law, disasters, epidemics, pandemics, explosions, fires, floods, riots, terrorist attacks and wars);

"Game" means Search For Animera, as modified, patched, updated and upgraded from time to time by or with the authorisation of the Licensor, including any DLC;

"Intellectual Property Rights" means all intellectual property rights wherever in the world, whether registrable or unregistrable, registered or unregistered, including any application or right of application for such rights (and these "intellectual property rights" include copyright and related rights, database rights, confidential information, trade secrets, know-how, business names, trade names, trade marks, service marks, passing off rights, unfair competition rights, patents, petty patents, utility models, semi-conductor topography rights and rights in designs);

"Licensor" means Unicorn Labs Ltd., a company incorporated in Malta, (registration number [registration number]) having its registered office at Horeca building, 3rd Floor, Triq L-Imgarr, Xewkija (Gozo) XWK 9012;

"Permitted Hardware" means a single OR any desktop, mobile, laptop or tablet computer that is owned by and in the physical control of the User and meets the minimum hardware requirements for the Game published by the Licensor from time to time;

"Term" means the term of this EULA, commencing in accordance with Clause 3.1 and ending in accordance with Clause 3.2; and

"User" means the person to whom the Licensor grants a right to use the Game under this EULA in accordance with the preamble to this EULA.

2. Credit

2.1 This document was created using a template from Docular (https://docular.net) .

You must retain the above credit. Use of this document without the credit is an infringement of copyright. However, you can purchase from us an equivalent document that does not include the credit.

3. Term

3.1 This EULA shall come into force upon the Effective Date.

3.2 This EULA shall continue in force indefinitely, subject to termination in accordance with Clause 10 or any other provision of this EULA.

4. Licence

4.1 The Licensor hereby grants to the User from the date of supply of the Game to the User until the end of the Term a worldwide, non-exclusive, non-transferable licence to:

(a) install a copy of the Game on the Permitted Hardware;

(b) install a copy of the Documentation on the Permitted Hardware;

(d) view the Documentation on the Permitted Hardware;

for the private and domestic purposes of the User and subject to the limitations and exclusions set out and referred to in this Clause 4. This licence is granted subject to the payment of any applicable Licensor, Distribution Platform and supplier charges.

4.2 The User may permit the family members and friends of the User to use the User's installation of the Game on the Permitted Hardware in accordance with the Documentation; providing that the User must not allow any other person or persons to use the Game.

4.3 Any licence granted to the User under this Clause 4 shall be subject to the following prohibitions:

(a) the User must not sell, resell, rent, lease, loan, license, sub-license, gift, supply, transfer, publish, distribute or redistribute the Game;

(b) the User must not make the Game available for download or access by others;

(c) the User must not commercially exploit the Game or use the Game to provide any service (including using the Game at an internet cafe or computer gaming centre);

(d) the User must not use the Game in connection with any marketing, advertising or promotional activity;

(e) the User must not modify, alter, edit, adapt or create derivative works of the Game;

(f) the User must not decompile, de-obfuscate or reverse engineer, or attempt to decompile, de-obfuscate or reverse engineer, the Game;

(g) the User must not delete, remove, disable or circumvent any security protection measures or proprietary notices in or associated with the Game; and

(h) the User must not import or export the Game, or otherwise use the Game, in contravention of any applicable laws,

save to the extent expressly permitted by this EULA or permitted by applicable law on a non-excludable basis. The prohibitions in this Clause 4.3 relating to the Game shall apply equally to the Documentation.

4.4 The User acknowledges that the use of the Game and the exercise of the rights of the User under this EULA may require the use of an activation code or key, and further that:

(a) the User shall be responsible for securely storing the activation code or key; and

(b) the Licensor shall have no obligation to replace a lost, stolen or corrupted activation code or key.

5. Distribution Platforms

5.1 In addition to this EULA, the Distribution Platform Terms and Conditions may affect the rights, obligations and liabilities of the User in relation to the Game.

5.2 In the event of any conflict between this EULA and the Distribution Platform Terms and Conditions, the provisions of EULA shall take precedence.

5.3 Those provisions of the Distribution Platform Terms and Conditions that impose obligations and/or liabilities on the User in relation to the Game excluding those relating to payments are hereby incorporated into this EULA for the benefit of the Licensor, and as such shall be enforceable by the Licensor against the User.

5.4 For the avoidance of doubt, the following matters shall be governed by the provisions of the Distribution Platform Terms and Conditions: the amounts payable by the User in respect of this EULA; the methods of payment to be used by the User; and any rights of the User to cancel this EULA and receive any refunds of amounts paid in respect of this EULA.

5.5 The User acknowledges that the operator of the Distribution Platform has rights under the Distribution Platform Terms and Conditions which may affect the exercise of the User's rights under this EULA. Subject to Clause 9.1, the Licensor will not be in breach of this EULA as a result of, and will not be liable to the User in respect of:5.1 In addition to this EULA, the Distribution Platform Terms and Conditions may affect the rights, obligations and liabilities of the User in relation to the Game.

5.2 In the event of any conflict between this EULA and the Distribution Platform Terms and Conditions, the provisions of EULA shall take precedence.

6. Intellectual Property Rights

6.1 Nothing in this EULA shall constitute an assignment or transfer of any Intellectual Property Rights of the Licensor.

6.2 Save to the extent expressly provided otherwise in this EULA, all the Intellectual Property Rights and other rights in:

(a) the Game;

(b) the works and materials comprised in the Game; and

are hereby reserved to the Licensor[ and its licensors].

7. Warranties

7.1 If the Licensor reasonably determines, or any third party alleges, that the use of the Game by the User in accordance with this EULA infringes any person's Intellectual Property Rights], the Licensor may acting reasonably at its own cost and expense:

(a) modify the Game in such a way that it no longer infringes the relevant Intellectual Property Rights; or

(b) procure for the User the right to use the Game in accordance with this EULA.

7.2 The User warrants to the Licensor that it has the legal right and authority to enter into this EULA and to perform its obligations under this EULA.

7.3 All of the parties' warranties and representations in respect of the subject matter of this EULA are expressly set out in this EULA. To the maximum extent permitted by applicable law, no other warranties or representations concerning the subject matter of this EULA will be implied into this EULA or any related contract.

8. Acknowledgements and warranty limitations

8.1 The User acknowledges that the use of the Game will require computer hardware and software meeting the minimum requirements specified by the Licensor. The User further acknowledges that, as the Game is updated, those requirements may change and, accordingly, the Game may cease to function on the hardware of the User.

8.2 The User acknowledges that complex software is never wholly free from defects, errors and bugs; and the Licensor gives no warranty or representation that the Game will be wholly free from defects, errors and bugs.

8.3 The User acknowledges that complex software is never entirely free from security vulnerabilities; and the Licensor gives no warranty or representation that the Game will be entirely secure.

9. Limitations and exclusions of liability

9.1 Nothing in this EULA will:

(a) limit or exclude any liability for death or personal injury resulting from negligence;

(b) limit or exclude any liability for fraud or fraudulent misrepresentation;

(d) exclude any liabilities that may not be excluded under applicable law, and, if a party is a consumer, that party's statutory rights will not be excluded or limited by this EULA, except to the extent permitted by law.

and, if a party is a consumer, that party's statutory rights will not be excluded or limited by this EULA, except to the extent permitted by law.

9.2 The limitations and exclusions of liability set out in this Clause 9 and elsewhere in this

EULA:

(a) are subject to Clause 9.1; and

(b) govern all liabilities arising under this EULA or relating to the subject matter of this EULA, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this EULA.

9.3 The Licensor will not be liable to the User in respect of any losses arising out of a Force Majeure Event.

9.4 The Licensor will not be liable to the User in respect of any business losses, including loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

9.5 The Licensor will not be liable to the User in respect of any loss or corruption of any data, database or software.

9.6 The Licensor will not be liable to the User in respect of any special, indirect or consequential loss or damage.

9.7 The liability of the Licensor to the User under this EULA in respect of any event or series of related events shall not exceed $1.

10. Termination

10.1 This EULA shall immediately and automatically terminate if the User commits any breach of this EULA.

10.1 The Licensor may terminate this EULA immediately by giving written notice of termination to the User if the User commits any breach of this EULA.

11. Effects of termination

11.1 Upon the termination of this EULA, all of the provisions of this EULA shall cease to have effect, save that the following provisions of this EULA shall survive and continue to have effect (in accordance with their express terms or otherwise indefinitely): Clauses 1, 5, 9, 11 and 12.

11.2 Except to the extent expressly provided otherwise in this EULA, the termination of this EULA shall not affect the accrued rights of either party.

11.3 For the avoidance of doubt, all licences granted to the User under this EULA shall terminate upon the termination of this EULA. Accordingly, the User must immediately cease to use the Game and all other works and materials licensed to the User under this EULA upon the termination of this EULA.

11.4 Within 2 days following the date of effective termination of this EULA, the User must irreversibly delete or destroy all copies of the Game and all copies of all other works and materials licensed to the User under this EULA in the possession or control of the User.

12. General

12.1 No breach of any provision of this EULA shall be waived except with the express written consent of the party not in breach.

12.2 If any provision of this EULA is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions of this EULA will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the parties, in which case the entirety of the relevant provision will be deemed to be deleted).

12.3 The Licensor may vary this EULA by giving to the User at least 30 days' prior written notice of the variation or by updating the version of this EULA published on its website. The continued use of the Game by the User following any such variation constitutes the acceptance by the User of that variation. Subject to this, this EULA may only be varied by a written document signed by or on behalf of each of the parties.

12.4 The User hereby agrees that the Licensor may assign the Licensor's contractual rights and obligations under this EULA to any successor to all or a substantial part of the business of the Licensor from time to time OR any third party - providing that such action does not serve to reduce the guarantees benefiting the User under this EULA. Save to the extent expressly permitted by applicable law, the User must not without the prior written consent of the Licensor assign, transfer or otherwise deal with any of the User's contractual rights or obligations under this EULA.

12.5 This EULA is made for the benefit of the parties, and is not intended to benefit any third party or be enforceable by any third party. The rights of the parties to terminate, rescind, or agree any amendment, waiver, variation or settlement under or relating to this EULA are not subject to the consent of any third party.

12.6 Subject to Clause 9.1, this EULA shall constitute the entire agreement between the parties in relation to the subject matter of this EULA, and shall supersede all previous agreements, arrangements and understandings between the parties in respect of that subject matter.

12.7 This EULA shall be governed by and construed in accordance with Maltese law.

12.8 Subject to any mandatory requirements of applicable law, the courts of Malta shall have exclusive jurisdiction to adjudicate any dispute arising under or in connection with this EULA.

Free video game EULA: drafting notes

This free end user licence agreement (EULA) has been designed for use in relation to stand-alone video games that do not include an online component.

The EULA may be used in one of three ways: as a shrink-wrap licence on physical copies of the game; as a click-wrap licence to be accepted on game installation; or as a web-wrap licence to be accepted before the download of the game to the user's device.

A detailed licensing clause is included in the EULA. The default licence text is relatively strict, but this can easily be edited to meet your requirements.

Most computer games are nowadays distributed digitally, and the EULA includes a set of clauses intended to clarify the relationship between the EULA and the terms and conditions of the relevant distribution platform. You should read the distribution platform terms and conditions before reviewing these clauses.

The EULA does not include any clauses charges/pricing or distance selling cancellation rights. In many cases, charges and cancellation will be dealt with by the distribution platform terms and conditions. If, however, you require such clauses in your EULA, see the standard and premium versions of this EULA.

Subsection: Web-wrap video game agreement

This wording may be used for "web-wrap" agreements - that is, agreements that are formally accepted on a website before the software is downloaded. Accordingly, there is no right to return the software.

Subsection: Click-wrap video game agreement

This wording may be used for "click-wrap" software agreements - that is, agreements that are formally accepted as part of the software installation process. There is an optional right to return the software, which should be included where customers will or may not have a chance to review the agreement terms before purchasing the software.

Will customers have a right to return the software if they do not accept this document?
How should the software be returned?
Will the customer be entitled to a refund upon the return of the software under this provision?

Subsection: Shrink-wrap video game agreement

This wording may be used for "shrink-wrap" software agreements - that is, agreements that are visible through product packaging and are formally accepted when a person unseals the software packaging. There may be a right to return software, because a customer may not have a chance to review the agreement terms before purchasing the software.

Should the User return the software if the terms of this document are not accepted?
Within what period must the software be returned?
Will there be a right to return the software for a refund?

Subsection: Age warranty for video game

For information about the PEGI rating system, see:

https://pegi.info/

Subsection: Read document in conjunction with privacy policy

Clause 4: Licence

These provisions should be used to specify what rights the User has to use the game.

Clause 9: Limitations and exclusions of liability

Contractual limitations and exclusions of liability are regulated and controlled by law, and the courts may rule that particular limitations and exclusions of liability in contracts are unenforceable.