END USER LICENSE AGREEMENT
Last updated 2022-10-03
IMPORTANT, PLEASE READ CAREFULLY
BY EITHER REMOVING THE SHRINK WRAP AND/OR JEWEL CASE SEAL OR DOWNLOADING, INSTALLING, OR OTHERWISE USING THIS GAME, YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS:
This end-user license agreement (“EULA”) is a legal agreement between you (hereinafter referred to as “you”, or “End User”) and Halcyon Winds (“Halcyon Winds”) for the software product which this EULA is accompanying, all related software (such as editors) and all in-game content, any updates or additional content (such as patches, downloadable content (“DLC”) and expansions), manuals, and other materials in any media related to the software, including the unique alfa-numeric code for downloading the software product which may be provided to you with the software product or delivered to you electronically (all jointly, the “Game”). If you do not agree to the terms of this EULA, do not install or use the Game, instead contact your retailer regarding its return policy.
This Game is licensed, not sold, to you for use only under the terms and conditions of this EULA. All rights not expressly granted herein are reserved by Halcyon Winds.
You agree that your use of the Game acknowledges that you have read this EULA, understand it, and agree to be bound by its terms and conditions, including the provisions in Section 6 on collection of information. You are legally and financially responsible for all actions using or accessing our software, including the actions of anyone you allow access to your account. You affirm that you have reached the legal age of majority, understand and accept this agreement (including its dispute resolution terms.) If you have not attained the age of majority, you must obtain the necessary permission in the form required by law from your parents or other legal representatives.
This EULA incorporates by reference Halcyon Winds Mod Policy
By accepting this EULA, you hereby accept the terms of the Mod Policy.
Use of this Game may require you to download and use a separate third party platform (such as Steam or GOG Galaxy) under the terms and conditions applicable by the third party platform holder. Such terms and conditions may or may not restrict any of the rights granted to you in relation to the Game under this EULA.
1. Grant of License.
THIS GAME IS LICENSED TO YOU, NOT SOLD. Ownership to the Game and all intellectual property rights in and to it remains at all times the property of Halcyon Winds and, as applicable, its licensors.
Subject to your compliance with the terms and conditions of the Agreement, Halcyon Winds hereby grants you a non-exclusive, non-transferable, limited, fully revocable right and license to install, access and use (and to let members of your family or household to use) the Game on your personal computer, strictly for non-commercial purposes only. You may install the Game on different computers, but may only run the Game on one computer at a time.
This paragraph will survive the termination of this Agreement.
2. Permitted use
In addition to installing and playing the Game on your personal computer, you may also, under the terms of this EULA:
i) Create and make publicly available so called “Let´s Play Videos” containing the images and sounds of the Game through the social media channels such as Twitch.tv and Youtube.com, whether monetized or not. Soundtracks may only be made publicly available in the context of a Let´s Play Video. In relation to any Let´s Play Video, the following copyright notice must be displayed prominently:
“Game © Halcyon Winds www.halcyonwinds.com.” If soundtracks from the Game are used, the artist and/or composer of each soundtrack must be credited as well.
The extent of this permission is subject to change from time to time and may be withdrawn at Halcyon Winds sole discretion.
ii) Only for the purpose of yours and other´s personal enjoyment, you may create, distribute and make publicly available user modifications, generally known as “user mods”, to the Game. You may not distribute the Game together with the user mod, and may not allow other users to access any paid for Game content (such as DLC or expansions) which such other end user does not have access to otherwise. Further, such user mods may not infringe any third-party rights, such as intellectual property rights or any rights to privacy or publicity. It is not permitted to charge other end users or accept donations for user mods. The extent of this permission is subject to change from time to time and may be withdrawn at Halcyon Winds sole discretion. For the full treatment on user mods, please see https://halcyonwinds.com/mod-policy/;
iii) Make copies of the Game as may be necessary for backup and archival purposes.
3. Working with Contributors
Halcyon Winds games are a passion project for both its developers and a community with whom we often work hand-in-hand. Examples of this include internal build testing, translation and advice from platform experts. This is done in return for our gratitude.
Any other form of remuneration for contributions from outside of Halcyon Winds will always be officially agreed in writing – away from the forum – before any work takes place on the part of either developer or contributor. This covers all development up to this point, and everything in future game builds.
Should Halcyon Winds and a contributor join forces to bring a user modification into a game build all remuneration will be discussed at that time. There is no automatic entitlement to any past, current or future revenue of a game build or for any other payments from Halcyon Winds to a contributor unless they’ve agreed it expressly in writing.
4. Prohibited use
Unless otherwise provided in this EULA, you shall not
i) Remove or alter any copyright or trade mark notices on any and all copies of the Game;
ii) Copy, rent, lend, lease, sublicense or distribute the Game other than as may be permitted according to applicable law;
iii) Remove, disable or circumvent any security protections such as digital rights management, proprietary notices or labels contained on or within the Game;
iv) Modify, adapt, translate, reverse engineer, derive source code from, disassemble, decompile or create derivative works of the Game, other than may be permitted according to applicable law;
v) Use, develop, distribute or sell cheats, automation software (bots), hacks or any other unauthorized third-party software designed to modify the Game;
vi) Exploit the Game or any of its parts for any commercial purpose, including without limitation (a) use at a cybercafé, computer gaming center or any other location-based site and/or unless you purchase a commercial package of the game from one of our official distributors (Steam, GOG etc.) (b) performing in-game services in exchange for payment outside the Game, e.g., power-leveling; or
vii) Otherwise use the Game in a way which is not in compliance with all applicable laws.
5. User Generated Content
Some of Halcyon Winds Games allows you to create and make available to other users your own created content (“User Generated Content” or “UGC”). You hereby grant Halcyon Winds and its affiliates a nonexclusive, irrevocable, royalty-free, sublicensable, perpetual right to use, reproduce, modify, create derivative works from, distribute, transmit, broadcast, and otherwise communicate, publicly display and publicly perform your UGC, and derivative works of your UGC, in connection with the operation and promotion of the Game.
Halcyon Winds reserves the right to implement any features in the game irrespective of whether mods exist that accomplish the same goal. [Halcyon Winds is free to use any ideas found in user mods, and while we will give credit if we genuinely use ideas directly from mods – we are not required to give credit or remuneration of any kind. This is purely because people may create mods that are already part of the game roadmap, and we don’t want to be dragged into ‘this was my idea’ arguments.
Halcyon Winds is under no obligation to use, distribute or continue to distribute UGC, and you understand that Halcyon Winds may restrict, or remove, your UGC for any reason.
You represent and warrant that the UGC, and your grant of rights in such UGC, does not violate any applicable contract, law or regulation, and that the UGC is your original work and does not infringe any third party´s intellectual property rights or any other rights.
Halcyon Winds specifically disclaims any liability with regard to User Generated Content.
Anyone who believes that their original work has been reproduced as UGC through one of our Games in a way that constitutes copyright infringement may notify us by sending an email to [email protected].
6. Collection of Information
Halcyon Winds may collect information from you when you use the Game. Such information includes your SteamID, computer configuration, gameplay behavior and progress, browser type, platform type and software usage. This information is gathered periodically to facilitate the provision of software updates, product support and other services related to the Game.
Halcyon Winds may use any collected information to improve its products, administer the Game, analyze trends, or to provide services to you. In addition, Halcyon Winds may use this information for the purpose of research, development, administration, support and marketing of Halcyon Winds products and services.
Such right to use such data shall survive the termination of this Agreement.
7. Support Services
From time to time, at Halcyon Winds sole discretion, Halcyon Winds may provide you with technical support and community management services related to the Game (“Support Services”). Halcyon Winds reserves the right to alter, suspend, and terminate the Support Services at any time and for any reason. You can contact Halcyon Winds for Support Services on our discord at https://discord.gg/hYzMx3JgDN
8. Patches, Updates and Changes
You acknowledge and accept that from time to time, Halcyon Winds may patch or update the Game for the purpose of resolving software bugs or other issues, rebalancing the Game or adding and/or removing features in the Game.
This License is effective until terminated.
You may terminate it at any time by destroying the Game with all copies, full or partial, and removing all of its component parts.
Without prejudice to any other rights, Halcyon Winds may terminate this EULA if you fail to comply with the terms and conditions of this EULA. You shall then cease all use of the Game and destroy all copies, modifications, printed or written materials, and merged portions in any form and remove all component parts of the Game which have been downloaded to your unit.
10. Limited Warranty
This limited warranty is in addition to, and does not affect, those of your statutory rights which cannot be excluded or limited in any way under applicable law.
Halcyon Winds warrants that the Game will provide the features and functions generally described in the product specification on www.halcyonwinds.com at the time of your purchase and in the product documentation.
HALCYON WINDS DOES NOT WARRANT THAT THE GAME OR YOUR ABILITY TO USE IT WILL BE UNINTERRUPTED OR ERROR-FREE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
This Section 10 shall survive termination of this Agreement.
11. Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall Halcyon Winds, its affiliates or licensees, be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the Game or defect in or caused by the Game, including but not limited to compromising the security of your unit on which the Game is run, operating system or files, or the provision of or failure to provide Support services, even if Halcyon Winds has been advised of the possibility of such damages.
This Section 11 shall survive termination of this Agreement.
12. Governing Law
You agree that this EULA shall be deemed to have been made and executed in accordance with the laws of the State of California including all matters of construction, validity, performance, and enforcement and without giving effect to the principles of conflict of laws. Any dispute arising under this EULA shall be resolved in accordance with the laws of California, excluding the law of conflicts and the Convention on Contracts for the International Sale of Goods.
This Section 12 shall survive termination of this Agreement.
13. LIMITATIONS ON AND EXCLUSIONS OF DAMAGES. You can recover from Halcyon Winds and its suppliers only direct damages up to the amount you actually paid for the software. You cannot recover any other damages, including consequential, lost profits, special, indirect, or incidental damages.
i) This limitation applies to:
• any matter related to the software, services, content (including code) on third party
• Internet sites, or third-party programs, and
• claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.
ii) It also applies even if:
• repair, replacement, or a refund for the software does not fully compensate you for any losses, or
• Halcyon Winds knew or should have known about the possibility of the damages.
iii) Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
iv) They also may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.
This Section 13 shall survive termination of this Agreement.
14. Dispute Resolution
Most concerns regarding this EULA or the Game (“Disputes”) can be resolved by contacting Halcyon Winds at on our Discord at https://discord.gg/hYzMx3JgDN. Therefore, you agree to first attempt to negotiate any Dispute informally with Halcyon Winds for at least thirty (30) days before initiating any court proceeding. Should the Dispute not be resolved by informal negotiations, you agree, to the extent permitted by applicable law, that disputes shall be submitted to binding arbitration before a mutually acceptable arbitrator. If an arbitrator cannot be agreed upon, the dispute shall be arbitrated by a single arbitrator appointed by the American Arbitration Association, and hereby waive any right to participate in any type of law suit brought and/or maintained as a class action or similar in nature to a class action.
15. Update of these terms
We may amend this EULA from time to time by posting a prominent notice on our web site. Your continued use of the Game after changes are posted means you agree to be legally bound by the EULA as updated and amended.
If for any reason a court of competent jurisdiction finds any provision, or portion thereof, of this EULA to be unenforceable, the remainder of this EULA shall continue in full force and effect.
17. Contact us
If you have a question regarding this EULA, or want to give us feedback about it, please contact us on Discord at https://discord.gg/hYzMx3JgDN.
THIS EULA IS APPLICABLE ONLY TO THE EXTENT AUTHORIZED BY LAW, ESPECIALLY CONSUMER PROTECTION LAWS.