WFTO EULA

War for the Overworld – End User Licence Agreement

 

1. About us

1.1 This is an end user licence agreement (a “EULA”), which is a contract between you and Subterranean Games Limited. Subterranean Games Limited is a limited liability company registered in England and Wales with registration number 08236967. Its registered office address is at 7 Woodsland Road, Hassocks, West Sussex, England, BN6 8HE. It is also referred to in this as “Subterranean” and as “we” or “us” or “our” (depending on what makes the most sense).

 

2. About this agreement

2.1 This EULA applies to our game War for the Overworld (“WFTO”) in beta form as at the date of this EULA and to all subsequent versions. In this EULA, references to WFTO include all elements of the game, including but not limited to the software included in the game (including components of the game that we have licensed from third parties) and all updates and add-ons to the software.

 

2.1 If you are under 18 years of age, please ask your parent or guardian to review and approve this EULA on your behalf (because in some countries people under the age of 18 cannot legally enter into contracts like this EULA).

 

2.1 Please read this EULA carefully because it is an important document. If you have any queries, please contact [email protected].

 

2.1 You confirm your agreement to this EULA and our Privacy Policy https://wftogame.com/privacy-policy by accepting it as part of the installation/activation process of WFTO or using WFTO in any way. If you do not agree to the terms of this EULA and the Privacy Policy, please do not install WFTO.

 

2.1 If you think that this EULA is not complete in any respect, please contact us as soon as possible at [email protected]. If you do not do so within a reasonable period after you have installed WFTO or started to play WFTO, then you shall be considered to have agreed to the terms of this EULA.

 

 

3. Using the software

3.1 In return for your acceptance of the terms of this EULA and the Privacy Policy we give you the personal right (known as a “licence”) to install and play WFTO. This licence is for your personal use only. We can terminate this licence in certain circumstances, which are explained further below. This licence is “non-exclusive”, meaning that we can grant similar licences to other people as well.

 

3.2 You may not transfer this licence or give anyone else a licence to use WFTO in any way unless we agree in writing beforehand.

 

3.3 WFTO is beta software. This means that WFTO is a game which is still under development but has been released to a group of people for a period of time for what is known as beta testing. By installing WFTO or playing it online you agree that this game is supplied on an “as is” basis, may contain bugs or issues with performance and may not be in its finished form.

 

4. Game components used under licence

4.1 Steam

4.1.1 In order to use the multiplayer functions of WFTO you will need to have an account with Valve Software’s Steam service (“Steam”). You should familiarise yourself with the terms and conditions of the Steam service. Steam may require you to take further steps in order to use WFTO. We are not responsible for performance or the contents of any contract between you and Steam that may affect your ability to use WFTO.

 

4.1.2 DRM-free versions of WFTO which have not been supplied through Steam are single-player only and you will not be able to play the multiplayer game using these versions.

 

4.2 Unity Technologies

4.2.1 WFTO incorporates certain software modules used under licence from Unity Technologies, of 345 Broadway Street, Suite 200, San Francisco, CA 94133, USA (“Unity”). As a condition of the licence these modules may make Internet connections and report information back to Unity to (i) check for software updates; (ii) provide aggregated usage statistics; and (iii) to validate licence keys in order to prevent unauthorised use. This data collection is subject to Unity’s privacy policy, which is available at http://unity3d.com/company/legal/privacy-policy.

 

5. Technical requirements

5.1 By using WFTO you agree that you have the necessary hardware, software and capability (including a suitable connection to the Internet) required for its use. We accept no responsibility or liability for any failure of your system to meet the technical requirements of WFTO as updated occasionally.

 

6. Patches, updates and changes

6.1 From time to time, we may at our discretion deploy or provide patches, updates, additional content or other modifications to WFTO (for example to enhance online gameplay, to add new features or to resolve software bugs). You grant us your consent to deploy and apply such patches, updates or other modifications to WFTO automatically.

 

6.2 From time to time, we may also at our discretion remove or suspend access to particular features, content or other parts of WFTO. (We need these rights in order to keep WFTO running efficiently, because practically we cannot ask you in advance for approval of any patches, updates or other modifications or the removal of any features or content from WFTO).

 

6.3 Please note that we may at our discretion choose to release patches, updates, changes and additional content through Steam only. DRM-free versions of WFTO which have not been supplied through Steam are a restricted version of the game and as such we may choose not to release patches, updates, additional content or support for the non-Steam version of WFTO.

 

7. Intellectual property and user generated content

7.1 WFTO, including the graphics, gameplay, user interface, audio and other content, contains proprietary information and material that is protected by copyright and other laws including but not limited to intellectual property. We own or license all of this proprietary information and material and you may not use or exploit this proprietary information or material or provide this proprietary information or material to any person except as expressly permitted to do so by this EULA.

 

7.2 When playing WFTO you will have the opportunity to create user generated content (“Content”) including but not limited to text, graphics, audio, levels, maps, in-game characters, structures and equipment. You own the copyright in any Content you create.

 

7.3 You grant us a non-exclusive, royalty-free, perpetual, irrevocable, worldwide right and licence to make unrestricted use of your Content (including but not limited to broadcasting, displaying, modifying, adapting, publicising, distributing or selling it) and agree that we have no obligation to notify you, pay you or ask permission to do so. You waive all moral rights over any Content that we use under this paragraph 7.3, which means that we do not have to credit you as the author of the Content.

 

7.4 There are certain types of Content, described in this paragraph 7.4, which you must not create, distribute or import into WFTO (“Prohibited Content”). To do so is a breach of this EULA. Content will be Prohibited Content if it is:

 

7.4.1 owned wholly or partly by anyone else (this includes any Content or other material or information which is copyrighted, confidential, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights);
7.4.2 offensive,
7.4.3 illegal,
7.4.4 racist,
7.4.5 sexist,
7.4.6 homophobic,
7.4.7 involves a breach of privacy; or
7.4.7 contains defamatory statements.

 

7.5 We are unable to directly monitor Content, so if you become aware of Prohibited Content, please notify us at [email protected].

 

7.6 While liability for Prohibited Content remains with the individual or group who has created it, we reserve the right to take steps against any individual or group who creates or distributes Prohibited Content with the aim of preventing them from continuing to do so, and removing the Prohibited Content. These may include issuing warnings and, in extreme circumstances, taking steps to prevent an individual or group from using the game.

 

 

8. Video policy

8.1 We allow you to make gameplay videos of WFTO (“Videos”) and publish these on your website, YouTube or similar video sharing websites such as Twitch on the following conditions:

 

8.1.1 You may not take assets (such as graphics, voice, music or other items) from the WFTO game content and publish or distribute these separately.

 

8.1.2 There are certain types of Content, described in this paragraph 7.4, which you must not create, distribute or import into WFTO (“Prohibited Content”). To do so is a breach of this EULA. Content will be Prohibited Content if it is:

 

8.1.3 Except as provided for in (c) below, any use of WFTO in Videos must be non-commercial and you may not sell or license Videos to others for payment.

 

8.1.4 You may monetise Videos you have created through the YouTube partner programme or other similar programmes and video sharing websites.

 

8.1.5 Videos must not contain Prohibited Content.

 

 

8.1.6 We retain the exclusive right to give you notice in writing (including email) requiring you to remove any Video you have created from any website. You must do this within 7 days from receipt of the notice. If you do not comply you will be in breach of this EULA.

 

 

9. What you must not do

9.1 You must not do or attempt to do (either yourself or via someone else) any of the following without our prior written permission:

 

9.1.1 To use WFTO for any purpose except your personal enjoyment (for example, you may not use WFTO or any element of WFTO for commercial gain except as specifically permitted in this EULA).

 

9.1.2 Except as authorised by us in this EULA (or as permitted by law) to copy, rent, sub-license, loan, modify, adapt, merge, translate, reverse engineer, decompile, disassemble the software included in WFTO or create adaptations of WFTO or derivative works based on WFTO.

 

9.1.3 To hack, distribute, modify, transmit, harm, or misuse WFTO.

 

9.1.4 To do or say anything which is or may be considered racist, sexist, defamatory or otherwise offensive or illegal within the game environment.

 

9.2 Please make sure you fully understand and comply with these requirements, since failure to do so can lead to serious legal consequences.

 

 

10. Warranties

10.1 We warrant that

 

10.1.1 We have the right to enter this EULA and to grant you the licence to use WFTO set out in section 3.

 

10.1.2 We will use reasonable skill and care to give you access to WFTO.

 

10.1.3 We will use reasonable endeavours to comply with applicable laws in the performance of our obligations under this EULA.

 

 

11. Limitation of liability

11.1 However, please also note that:

 

11.1.1 We provide WFTO for personal entertainment, on an “as is” basis. This means that we make no promise about the features, content or other parts of WFTO from time to time.

 

11.1.2 We make no warranties in any way regarding whether WFTO or any part of it is of satisfactory quality or fit for purpose or for a particular use.

 

11.1.3 We do not make any warranties regarding the operation of WFTO or that it will be uninterrupted or error free.

 

11.2 The terms set out in this paragraph 11 do not limit any consumer rights which we cannot exclude under applicable law, nor do they exclude or limit our liability for death or personal injury resulting from our negligence or for any fraudulent representation.

 

 

12. Force majeure

 

12.1 We will not be liable for any failure to perform any obligation under this EULA if that failure is caused by the happening of any unforeseen event beyond our reasonable control including without limitation, Internet outages, communications outages, fire, flood, war or act of God.

 

13. General

 

13.1 If either of us does not comply with a term of this EULA and the other party does not take any action, this neither means that the other party is giving up any rights it may have nor prevents it from taking action in the future.

 

13.2 If any part of this EULA is not enforceable, this will not affect any other terms.

 

13.3 This EULA governs our relationship with you. It does not create any rights for any other person.

 

14. Governing law

 

14.1 You and we agree that your use of WFTO, and this EULA, shall be governed by and interpreted according to the laws of England and Wales and that any dispute regarding this EULA shall be heard exclusively by the courts of England and Wales.

 

15. Changes to this EULA

 

15.1 We may vary this EULA as and when we consider it appropriate or necessary for legal reasons or to reflect changes in WFTO. If so, then we will make the revised EULA available at http://wftogame.com.