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 and Halcyon Winds for the software product which this EULA is accompanying, all related software such as editors, in-game content, updates, additional content, manuals, and other materials in any media related to the software, including any unique alpha-numeric code for downloading the software product. These are jointly referred to as the "Game".
If you do not agree to the terms of this EULA, do not install or use the Game. This Game is licensed, not sold, 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 Section 6 on collection of information. You are legally and financially responsible for all actions using or accessing our software, including actions by anyone you allow to access 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 legal representatives.
This EULA incorporates by reference the Halcyon Winds Mod Policy. By accepting this EULA, you also 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 that platform holder.
1. Grant of License
This Game is licensed to you, not sold. Ownership of 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 this agreement, Halcyon Winds grants you a non-exclusive, non-transferable, limited, fully revocable right and license to install, access, and 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 termination of this agreement.
2. Permitted Use
In addition to installing and playing the Game on your personal computer, you may, under the terms of this EULA:
- Create and make publicly available "Let's Play Videos" containing images and sounds from the Game through 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 (c) 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.
- Create, distribute, and make publicly available user modifications, generally known as user mods, to the Game for your and others' personal enjoyment only. You may not distribute the Game together with the user mod, and may not allow other users to access paid Game content they do not otherwise have access to. User mods may not infringe third-party rights, and you may not charge other end users or accept donations for user mods. For the full treatment of user mods, see the Mod Policy.
- Make copies of the Game as may be necessary for backup and archival purposes.
The extent of these permissions is subject to change from time to time and may be withdrawn at Halcyon Winds' sole discretion.
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 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 Halcyon Winds will always be officially agreed in writing 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 to any other payments from Halcyon Winds to a contributor, unless expressly agreed in writing.
4. Prohibited Use
Unless otherwise provided in this EULA, you shall not:
- Remove or alter any copyright or trademark notices on any copies of the Game.
- Copy, rent, lend, lease, sublicense, or distribute the Game other than as may be permitted by applicable law.
- Remove, disable, or circumvent any security protections, proprietary notices, or labels contained on or within the Game.
- Modify, adapt, translate, reverse engineer, derive source code from, disassemble, decompile, or create derivative works of the Game, except as may be permitted by applicable law.
- Use, develop, distribute, or sell cheats, automation software, hacks, or any other unauthorized third-party software designed to modify the Game.
- Exploit the Game or any part of it for commercial purpose, including use at a cybercafe, computer gaming center, or location-based site unless you purchase a commercial package from an official distributor, or performing in-game services in exchange for payment outside the Game.
- Otherwise use the Game in a way that is not compliant with applicable laws.
5. User Generated Content
Some Halcyon Winds games allow you to create and make available your own created content ("User Generated Content" or "UGC"). You 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, publicly display, and publicly perform your UGC and derivative works of your UGC in connection with 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 ideas found in user mods, and while we may give credit if we genuinely use ideas directly from mods, we are not required to give credit or remuneration of any kind.
Halcyon Winds is under no obligation to use, distribute, or continue to distribute UGC, and you understand that Halcyon Winds may restrict or remove UGC for any reason.
You represent and warrant that the UGC and your grant of rights in such UGC do not violate any applicable contract, law, or regulation, and that the UGC is your original work and does not infringe third-party intellectual property rights or other rights. Halcyon Winds specifically disclaims liability with regard to User Generated Content.
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 software updates, product support, and other services related to the Game.
Halcyon Winds may use collected information to improve its products, administer the Game, analyze trends, provide services, and support research, development, administration, support, and marketing of Halcyon Winds products and services. Such right to use such data survives termination of this agreement.
7. Support Services
From time to time, at Halcyon Winds' sole discretion, Halcyon Winds may provide 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 Discord at https://discord.gg/hYzMx3JgDN.
8. Patches, Updates, and Changes
You acknowledge and accept that Halcyon Winds may patch or update the Game to resolve bugs or other issues, rebalance the Game, or add and/or remove features.
9. Termination
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 component parts.
Without prejudice to any other rights, Halcyon Winds may terminate this EULA if you fail to comply with its terms and conditions. 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 downloaded to your unit.
10. Limited Warranty
This limited warranty is in addition to, and does not affect, statutory rights that cannot be excluded or limited by 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 survives 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 special, incidental, indirect, or consequential damages arising out of the use of or inability to use the Game, defects in or caused by the Game, compromise of the security of your unit on which the Game is run, or provision of or failure to provide support services, even if Halcyon Winds has been advised of the possibility of such damages. This section survives termination.
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 matters of construction, validity, performance, and enforcement, without giving effect to conflict-of-law principles. Any dispute arising under this EULA shall be resolved in accordance with California law, excluding conflicts of law and the Convention on Contracts for the International Sale of Goods. This section survives termination.
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.
This limitation applies to any matter related to the software, services, content on third-party internet sites, 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. It also applies even if repair, replacement, or refund for the software does not fully compensate you for losses, or if Halcyon Winds knew or should have known about possible damages.
Some states or countries do not allow exclusion or limitation of incidental, consequential, or other damages, so the above limitation or exclusion may not apply to you. This section survives termination.
14. Dispute Resolution
Most concerns regarding this EULA or the Game ("Disputes") can be resolved by contacting Halcyon Winds on Discord at https://discord.gg/hYzMx3JgDN. You agree to first attempt to negotiate any Dispute informally with Halcyon Winds for at least thirty days before initiating any court proceeding.
If the Dispute is not 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 you waive any right to participate in any lawsuit brought or maintained as a class action or similar proceeding.
15. Update of These Terms
We may amend this EULA from time to time by posting a prominent notice on our website. Your continued use of the Game after changes are posted means you agree to be legally bound by the updated and amended EULA.
16. Severability
If a court of competent jurisdiction finds any provision or portion of this EULA unenforceable, the remainder shall continue in full force and effect.
17. Contact Us
If you have a question regarding this EULA or want to give us feedback, 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.
Halcyon Winds