EULA

Dura-Online.com

Effective Date: 1st November 2020

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

By downloading and running the Game from our website or the platform of one of our appointed distribution partners, you expressly agree to the provisions of this EULA.
By agreeing to be bound by this EULA, you warrant to us that you are at least 16 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 https://dura-online.com/?privacypolicy.

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:
"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;
"Game" means Dura-Online, 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 Dura-Online;
"Permitted Hardware" means any desktop or laptop computer that is owned by and in the physical control of the User;
"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. Term
2.1 This EULA shall come into force upon the Effective Date.
2.2 This EULA shall continue in force indefinitely, subject to termination in accordance with Clause 9 or any other provision of this EULA.

3. Licence
3.1 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; and
(b) use a single instance of the Game 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.
3.2 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.
3.3 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,
(i) the User must not break any of the rules, as set out on the website.
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.
3.4 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.

4. Intellectual Property Rights
4.1 Nothing in this EULA shall constitute an assignment or transfer of any Intellectual Property Rights of the Licensor.
4.2 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
(c) any other software or services of the Licensor,
are hereby reserved to the Licensor.

5. Warranties
5.1 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.
5.2 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.
5.3 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.

6. Acknowledgements and warranty limitations
6.1 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.
6.2 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.
6.3 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.

7. Limitations and exclusions of liability
7.1 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;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law,
and any statutory rights you may have as a consumer will not be excluded or limited by this EULA, except to the extent permitted by law.
7.2 The limitations and exclusions of liability set out in this Clause 8 and elsewhere in this EULA:
(a) are subject to Clause 8.1; 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.
7.3 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
7.4 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

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

9. Effects of termination
9.1 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, 8, 10 and 11.
9.2 Except to the extent expressly provided otherwise in this EULA, the termination of this EULA shall not affect the accrued rights of either party.
9.3 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 upon the termination of this EULA.
9.4 Within 2 days following the date of effective termination of this EULA, the User must irreversibly delete or destroy all copies of the Game in the possession or control of the User.

10. General
10.1 No breach of any provision of this EULA shall be waived except with the express written consent of the party not in breach.
10.2 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).
10.3 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.
10.4 Subject to Clause 8.1, 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.

Players Online