PRIMAL GAME STUDIO LTD.
END USER LICENSE AGREEMENT
IMPORTANT – READ CAREFULLY:
Last Updated: December 16, 2019
This End User License Agreement (“EULA”) may be updated from time to time. Your continued use of the Game (as defined below) after a revised version has been posted at https://primalgs.com/legal/supernova-eula/ or communicated to you constitutes acceptance by you of its terms.
The Game is licensed to you on the terms set forth in this EULA, which constitutes a legal agreement between you and Primal Game Studio Ltd. (“PRIMAL”). By accessing, playing, installing, or otherwise using the Game in any way, you agree to be legally bound by the terms of this EULA with PRIMAL.
The Supernova game, including, without limitation, any multi-player, online, or downloadable portions thereof and any related written or electronic documentation or content (the “Game”), is protected by domestic and foreign copyright laws as well as international copyright treaties and conventions and other laws. The Game is licensed, and not sold, and this EULA confers no title or ownership to the Game or any copy thereof. In addition to the terms and conditions hereof, when accessing and using particular portions of the Game, including, without limitation, any multi-player, online, or downloadable content, you may be subject to additional guidelines of third-party service providers.
1. PRECONDITIONS OF THE LICENSES. The licenses granted in this EULA are specifically conditioned upon the following and your full compliance with all other terms and conditions set forth in this EULA:
• You agree to and comply with all of the terms in this EULA, and any additional terms as may be applicable to the Game, which acceptance is evidenced by your access to and use of the Game;
• You access and use the Game only on local machines running validly-licensed copies of operating systems on which the Game is designed to operate and which meet the minimum requirements set by PRIMAL (collectively, the “Hardware”);
• You do not use any hacks, cracks, bots, or third-party software, third-party games that may modify or copy, temporarily or permanently, the code or the user experience of the Game, whether on your local machine or on servers that enable use of any features of the Game;
• You agree not to reveal or disclose any non-public information about the Game including, but not limited to, images, gameplay, bugs, or any other information that has not been previously released by PRIMAL, which agreement is evidenced by your access to and use of the Game.
2. LIMITED USE LICENSE. Subject to the terms of this EULA, PRIMAL grants you the non-exclusive, non-transferable, revocable, limited right and license to access and use one copy of the Game solely for your personal use with the Hardware. Commercial use of the Game is prohibited. To access and use the Game, you must have legally obtained the Game from PRIMAL and all Hardware and/or third-party products and services required to operate the Game and/or access any online, multi-player, or downloadable portion of the Game that PRIMAL does not provide. You are responsible for paying all fees, taxes, and other costs you may incur to access and use the Game, including, but not limited to, costs for any Hardware, Internet service, or other third-party products and services required to access any multi-player, online, or downloadable portions of the Game. Neither this EULA nor your access to or use of the Game entitles you to any future releases of the Game or any expansions, sequels, or similar or ancillary products. You have no interest, monetary or otherwise, in any feature or content contained in or related to the Game.
3. BETA AND OTHER PHASES.
3.1. The Game is in beta. Other phases after beta are possible. Your right to access and use the Game is limited in time to a period determined by PRIMAL in its sole discretion.
3.2. From time to time, PRIMAL, in its sole discretion, may modify, impose limits on, restrict, suspend, terminate, or discontinue the Game or any aspect of the Game and your access to and use thereof without any notice or liability to you. Modifications may include automatic software updates, upgrades, or removal of content or services that may cause a loss of data, content, functionality, or utility.
3.3. The Game may contain defects, and a primary purpose of licensing the Game under this EULA is for PRIMAL to obtain feedback on Game performance and identify defects. PRIMAL is under no obligation to provide technical support to you under the terms of this EULA and provides no assurance that any specific errors or discrepancies in the Game will be corrected. You agree that, to the extent permitted by applicable law, PRIMAL is not liable for any loss of data, content, function, or utility or damage to your computer, data, and/or software. Your access to and use of the Game are entirely at your own risk.
3.4. You agree to cooperate with PRIMAL’s requests related to your access to and use of the Game, including PRIMAL’s requests to report any bugs and other issues that you discover in or related to the Game. Any suggestions, feedback, or data regarding your access to and use of the Game is deemed User-Generated Content (as defined below) and is governed by this EULA.
3.5. You agree that you will not reveal or disclose any suggestions, feedback, or non-public data or information related to the Game (including, but not limited to, information about images, gameplay, or bugs in the Game) to any third parties without PRIMAL’s prior written consent.
4. OWNERSHIP. All intellectual property rights in and to the Game (including, but not limited to, video, audio, and other content incorporated therein or later downloaded) and title to any and all copies thereof are owned by PRIMAL, and you receive no right or interest therein, except for the limited licenses expressly provided herein.
4.1. The Game may include certain software licensed by NVIDIA Corporation (“NVIDIA”) including without limitation executable instructions comprising NVIDIA’s proprietary Software Development Kit (the “PHYSX SDK”) and/or for use with NVIDIA’s graphics processor products (the “Physics Application”).
4.2. You may not do any of the following:
• Copy the Game except for a single backup copy;
• Sell, rent, lease, license, distribute, or otherwise transfer or make the Game available to any other person, in whole or in part, or use the Game or any part thereof in any commercial context, including, but not limited to, on a commercial website or in a service bureau, “cyber café,” computer gaming center, or any other commercial location in which a user may access, view, or use the Game or the Game’s elements who has not purchased or been authorized by PRIMAL;
• Reverse engineer, derive source code, modify, decompile, disassemble, or create derivative works of the Game or any online portion thereof, in whole or in part;
• Remove, disable, or circumvent any proprietary notices or labels contained on or in the Game or any online portion thereof; or
• Export or re-export the Game or any copy or adaptation, including without limitation the PHYSX SDK and/or Physics Application, directly or indirectly, in violation of any U.S. laws, in violation of any applicable export restrictions or other laws or regulations.
5. SECURITY MEASURES/PROTECTIONS. Certain security measures may be required in order for you to make full use of the Game, including, without limitation, the requirement to register the Game with a serial code, the requirement to have continuous access to the Internet, and/or the acceptance of security/digital rights management features. Failure to accept the security measures may partially or completely impair your use of the Game.
6. USER-GENERATED CONTENT. In exchange for access to and use of the Game and to the extent that you create content through access to and use of the Game (“User-Generated Content”), you hereby grant PRIMAL an exclusive, perpetual, irrevocable, royalty-free, fully transferable, and sub-licensable worldwide right and license to use User-Generated Content in any way and for any purpose in connection with the Game and related goods and services, including the rights to reproduce, copy, adapt, modify, perform, create derivative works from, display, publish, broadcast, transmit, or otherwise use, distribute, exploit, and communicate to the public by any and all means and media whether now known or hereafter devised without any further notice or compensation of any kind to you for the whole duration of protection granted to intellectual property rights by applicable laws and international conventions. To the extent permitted by applicable law, you hereby waive any moral rights of paternity, publication, reputation, or attribution with respect to PRIMAL’s and other players’ use and enjoyment of such assets in connection with the Game and related goods and services under applicable law. The license granted to PRIMAL, and the above waiver of any applicable moral rights, shall survive any termination of this EULA.
7. ONLINE CONDUCT.
7.1. PRIMAL does not pre-screen content of postings or online chats in the Game and does not assume any responsibility or liability for User-Generated Content. PRIMAL does not assume any liability for any failure to remove, or any delay in removing, User-Generated Content. Without limiting any of its other rights and remedies under this EULA or applicable law, if PRIMAL objects to any User-Generated Content for any reason, PRIMAL, in its sole discretion may (either itself or, if applicable, by request to a third-party service provider): (a) remove the User-Generated Content; (b) give warnings to applicable persons; and/or (c) restrict, suspend, or terminate access to and use of the Game without any notice or liability.
7.2. You agree that you will be personally responsible for your access to and use of the Game, and for all of your communication and activity in connection with the Game, including any User-Generated Content.
7.3. In connection with your communication and activity with the Game, you agree not to:
• Harass, threaten, embarrass, or do anything else to another user of the Game that is unwanted, as determined by PRIMAL in its sole discretion.
• Transmit or facilitate distribution of content that is harmful, abusive, racially or ethnically offensive, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, or objectionable, as determined by PRIMAL in its sole discretion. Hate speech is not tolerated.
• Violate any terms or policies communicated by PRIMAL from time to time.
• Promote or encourage any illegal activity, including hacking.
• Disclose your own or other users’ personal information to third parties.
• Impersonate any person or entity, including any PRIMAL officials, forum leaders, guides, hosts, employees, or agents, or falsely state or otherwise misrepresent your affiliation with a person or entity.
• Impede or disrupt the Game or the normal flow of Game play or dialogue or use vulgar language, abusiveness, excessive shouting (e.g., ALL CAPS), “spamming,” or any other disruptive or detrimental methods in an attempt to disturb other users of the Game.
• Cheat or utilize unauthorized exploits in connection with the Game.
• Use or exploit any bugs, errors, or design flaws to obtain unauthorized access to or use of the Game or to gain an unfair advantage over other players of the Game.
• Violate any applicable laws including, but not limited to, by posting, transmitting, promoting, or distributing content that violates any applicable law or regulation.
• Violate any rules for use of third-party technology and content, rules of interactive service providers, and federal, state, local, and foreign laws where applicable. Ignorance of the law is no excuse.
• Do anything that interferes with the ability of other users to enjoy playing the Game in accordance with its rules or that materially increases the expense or difficulty of PRIMAL or the third-party service provider (if applicable) in maintaining the Game for the enjoyment of all its users.
• Intentionally disconnect from the network during online play or allow yourself to be defeated by a given player repeatedly to help boost their rankings or win counts in the Game.
• Modify, reproduce, de-compile, reverse engineer or translate the PHYSX SDK.
• Distribute or transfer the PHYSX SDK other than as part of the Physics Application.
8. LIMITATION ON DAMAGES.
8.1. To the maximum extent permitted by applicable law, in no event shall PRIMAL, its suppliers, its licensors, or their respective directors, officers, employees, contractors, or agents, including without limitation NVIDIA and its affiliated companies and its licensors, be liable for any special, incidental, indirect, exemplary, punitive, or consequential damages whatsoever arising out of the possession of, access to, use of, or inability to use the Game, including without limitation the PHYSX SDK and or Physics Application, or the failure to provide support services, even if a party has been advised of the possibility of such damages. This limitation will apply regardless of the theory of liability, whether fraud, misrepresentation, breach of contract, negligence, personal injury, products liability, intellectual property infringement, or any other theory. In any case and except as otherwise required by applicable law, PRIMAL’s, its licensors’, and suppliers’ entire liability for any and all damages under this EULA shall be limited to one hundred United States dollars ($100.00) or its equivalent in local currency (HUF) as applicable.
8.2. PRIMAL and its suppliers and licensors make no promise or warranty that the Game will work properly. You acknowledge and agree that PRIMAL and its licensors and suppliers are not responsible or liable for (a) any viruses or other disabling features that affect your access to or use of the Game, (b) any incompatibility among the Game, other services, and hardware, or (c) any delays or failures you may experience in initiating, conducting, or completing any transmissions or transactions in connection with the Game in an accurate or timely manner. The Game and all other services are provided “as is.” except as might be described herein, PRIMAL and its licensors and suppliers, including without limitation NVIDIA and its affiliated companies and its licensors, expressly disclaim all warranties or conditions of any kind, express, implied or statutory, including, without limitation, the implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose. PRIMAL does not ensure continuous, error-free, secure, or virus-free operation of any online, multi-player, or downloadable portions of the Game or continued operation or availability of any given server. Some countries/regions do not allow limitations as to how long an implied warranty lasts and/or exclusions or limitations of consequential damages, so the above limitations and/or exclusions of liability may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from country/region to country/region.
8.3. PRIMAL is not liable for any delay or failure to perform resulting from any causes beyond its reasonable control. Further, PRIMAL cannot and does not promise or ensure that you will be able to access the online, multi-player, or downloadable portions of the Game whenever you want, and there may be extended periods of time when you cannot access such portions of the Game.
9.1. This EULA is effective upon your agreement to be bound by its terms and remains in effect until terminated by you or PRIMAL. You may terminate this EULA at any time by deleting any and all copies of the Game in your possession, custody, or control.
9.2. Except as otherwise prohibited by applicable law, PRIMAL may limit, suspend, or terminate the licenses granted hereunder and your access to and use of the Game, including any related services and products, at any time and for any reason without notice or liability to you.
9.3. Without limiting any other rights of PRIMAL, if you fail to comply with the terms and conditions of this EULA, PRIMAL retains the right, in its sole discretion, to immediately limit, suspend, or terminate your access to and/or use of the Game.
9.4. Upon termination of this EULA, your rights to access and use the Game, including any licenses and access to user data, points, character progress, and any other information of any kind related to the Game, will terminate immediately, and you must cease all use of the Game. In the event the Game is terminated, you must delete all copies of the Game and all of its component parts.
9.5. The termination of this EULA will not affect PRIMAL’s rights or your obligations arising under this EULA. Those terms that by their nature are intended to survive this EULA shall survive this EULA.
10.1. Collection of personally identifiable information
10.1.1. Personally identifiable information is information that can be used to uniquely identify a user such as name, address or credit card number. You may be asked to provide personally identifiable information during the sign in process, and then in connection with the use of the Game.
10.1.2. Personally identifiable information is used internally by PRIMAL to deliver, develop and improve products, content and services, to which users have subscribed, and to answer users’ requests.
10.1.3. PRIMAL may use personally identifiable information provided by users to send them information about PRIMAL, including news about product updates, contests, events, and other promotional materials, but only if the users agree to receive such communications. PRIMAL will not share any of your personally identifiable information with third parties for marketing purposes without your consent.
10.1.4. PRIMAL may release personally identifiable information to comply with court orders or laws that require us to disclose such information. In the event of a reorganization, sale or merger we may transfer personally identifiable information to the relevant third party with the user’s consent if required by law.
10.2. Security procedures to protect the loss, misuse or alteration of information under PRIMAL’s control
10.2.1. PRIMAL uses industry standard security measures to protect the loss, misuse and alteration of the information under our control, including encryption and a secure server and other security measures. Nonetheless, due to the inherent dangers of the Internet, we cannot guarantee the protection of such information against loss, misuse, or alteration.
10.3. A special notice to parents of children under the age of 12 or 16
10.3.1. We feels under a particular obligation to protect information obtained from young children. We would strongly urge parents to instruct their children never to disclose their real name, their address or their telephone number while they are on-line without prior permission. No information should be transmitted to PRIMAL by minors aged 12 years or under. PRIMAL commits to never knowingly processing data provided by minors aged 12 years or under. If you are a parent or a legal guardian and suspect that a minor aged 12 years or under who is under your custody has provided personal data to PRIMAL please contact us. PRIMAL will delete all personal data relating to minors aged 12 years or under after notice.
10.3.2. If you are an adolescent between 13-16 years we welcome you, but due to strict privacy rules and to ensure the protection of your information some addition rules apply to you.
10.3.3. Adolescents aged 13-16 years should ask their parents or legal guardians to read this EULA and to contact PRIMAL if they would like any information on our guarantee of confidentiality or to comment on the content. Additionally, adolescents aged 13-16 years can only register if their parents or legal guardians have given their consent to the processing of the personal data of the adolescent. If you are below 16 years of age please ask your parents or legal guardians to read this EULA thoroughly after which they can give their consent to the processing of your personal data during the registration process.
10.4. International data processing and third party processors
10.4.1. PRIMAL operates from Hungary, however our products and services may be provided worldwide. In order to be able to provide you with the best gaming experience and service we might need to transfer your personal data to other countries where our partners reside.
10.4.2. Before we transfer your personal data to any third party data processors we will notify you about this and will ask for your unambiguous consent to do so in case it is required by applicable laws.
10.4.3. Please be informed that PRIMAL uses IT services in relation to the Game and sending newsletters during which the data processing is carried out outside the European Union (data transfer to third country), the adequate level of data protection and the lawfulness of data processing is ensured by the EU-U.S. Privacy Shield framework agreement [Article 45(1) in the General Data Protection Regulation (“GDPR”)]
10.5. Chat, forums, etc.
10.5.1. The Game may provide chat, forums or instant messaging tools to users. Any information that is disclosed in chat, forums or instant messaging tools should be considered public information, and users who message one another may not know each other personally. PRIMAL has no obligation to keep personally identifiable information private that a user makes available to other users or the public using these functions. Users should exercise caution when deciding to disclose personal information in chats, forums or instant messaging tools. Users should also be aware that gameplay information disclosed during multiplayer gameplay (e.g. player name and current player statistics) is public information and may be displayed to other users.
10.6. Your right’s in connection with the data processing
10.6.1. You can exercise your rights stipulated in the present point by electronic means, via the email address firstname.lastname@example.org or by postal service in a letter sent to PRIMAL, addressed to its registered seat.
10.6.2. At your request, PRIMAL shall provide information [Article 5(1) in the GDPR; right to information], in writing or by electronic means, on:
• which data concerning to you are processed by the data controller;
• the purposes of data processing;
• the categories of addressees to whom PRIMAL can disclose the personal data;
• the period of data processing;
• your rights and of the remedies you are entitled to.
10.6.3. At your request, PRIMAL shall provide the copy of the data in a commonly used electronic form or in other form chosen by you [Article 15(3) in the GDPR; right to access and right to obtain a copy].
10.6.4. PRIMAL shall modify your personal data or shall make it more accurate (rectification) according to your request [Article 16 in the GDPR; right to rectification].
10.6.5. You are entitled to contact PRIMAL in order to exercise your right to access your data and in order to have his/her data rectified.
10.6.6. PRIMAL shall erase your personal data if requested so by you. PRIMAL is entitled to deny such request if Article 17(3) of the GDPR is applicable, e.g. if the personal data are necessary for the establishment or exercise of legal claims, for compliance with a legal obligation prescribed by European Union or member state law to which the controller is subject, for public interest or for exercising the right of freedom of expression and information [Article 17 in the GDPR; right to erasure].
10.6.7. You are entitled to withdraw your statement of consent to the processing of your personal data for the purpose of sending newsletters at any time, without restriction or reasoning, and free of charge, as well as to notify PRIMAL of your statement for the prohibition of sending advertising material. In such case, the PRIMAL shall erase all your personal data without delay and shall not send you newsletters thenceforth [right to the withdrawal of consent]. The withdrawal shall not affect the lawfulness of the data processing carried out prior to the withdrawal, on the basis of the consent.
10.6.8. You are entitled to request the restriction (blocking) of the processing of your personal data in case you contests the accuracy of the personal data, for a period enabling PRIMAL to verify the accuracy of the personal data; the data processing is unlawful and you oppose the erasure of the personal data and requests the restriction of their use instead; PRIMAL no longer needs the personal data, but they are required by you for the establishment, exercise or defence of legal claims; [Article 18 in the GDPR; right to the restriction of data processing (blocking)].
10.6.9. PRIMAL shall fulfil your request for restriction by storing the concerned personal data separately from any other personal data. E.g. by saving them to an external data storage media in case of electronic databases, or by placing the data stored in paper form into a separate folder. PRIMAL is entitled to process the concerned data, with the exception of storage, only with your consent or for the establishment, exercise or defence of legal claims, or for the protection of the rights of another natural or legal person, or for reasons of important public interest of the European Union or of a member state. PRIMAL shall inform you before such restriction of processing is lifted.
10.6.10. You shall have the right to receive your personal data in a structured, commonly used and machine-readable format and shall have the right to transfer those data to another data controller. Furthermore, the PRIMAL shall ensure, if expressly requested so by you, the direct transfer of your personal data to another data controller designated by you. [Articles 20(1) and 20(2) in the GDPR; right to data portability].
10.6.11. PRIMAL shall notify you of the measure taken within one month from receiving the request. In case the request is rejected, PRIMAL shall notify you of the reasons of the rejection and of your right to lodge a complaint with the Hungarian National Authority for Data Protection and Freedom of Information (“Authority”) and to seek remedy in court.
10.6.12. The exercise of right is free of charge. In certain cases, PRIMAL shall be entitled to charge fee based on administrative costs or to deny taking measures on the basis of the request, in case you requests a copy of your data or if your request is manifestly unfounded or exaggerated, particularly due to repetition.
10.6.13. PRIMAL reserves the right to ask you for information required to verify your identity in case it has a reasonable doubt concerning your identity. The request for a copy of your data shall be deemed a case where the above is applicable in particular, since PRIMAL shall verify that the request was submitted by the authorised person.
10.6.14. Before initiating the procedures set out in the present Point, you are entitled to submit, by electronic means, your complaint to PRIMAL in order that your concerns are eliminated and the lawful conditions are restored. PRIMAL shall examine the complaint within one month, shall take minutes thereof, shall render a decision on the merits of the complaint and notify you of that decision in writing, by electronic means. If PRIMAL finds the complaint well-founded, it shall restore the lawful conditions of data processing or shall terminate the data processing, including further obtaining of data or the transfer thereof. In such case, PRIMAL shall not continue processing your data, unless it demonstrates compelling legitimate grounds for the processing which override your interests, rights and freedoms or for the establishment, exercise or defence of legal claim. PRIMAL shall notify the persons, to whom it transferred the data concerned with the complaint, of the complaint and of the measures taken on the basis thereof. The complaint procedure regulated in the present Point serves the elimination of concerns in the frameworks of communication with PRIMAL but is not pertaining to the legal statements made with the purpose of enforcing consumer rights related to the services of PRIMAL.
10.6.15. In case you consider that PRIMAL violated your right to the protection of personal data or carries out unlawful data processing, you are entitled to initiate the procedure of the Authority. Contact details of the Authority: postal address: H-1530 Budapest, Pf.: 5.; e-mail address: email@example.com; phone number: +36 (1) 391-1400; website: www.naih.hu. Additionally, you have the right to lodge a complaint with a supervisory authority in the member state where you are residing.
10.6.16. In case you consider that PRIMAL violated your right to the protection of personal data, you are entitled also to initiate judicial proceedings and to claim the reimbursement of your damage arising from the unlawful processing of your data or from the breach of data security, and to claim compensation for non-material damage in case of violation of personality rights. The action shall be heard by the competent general court in Hungary. If you are a resident of Hungary you can request that, the action may be brought before the general court in whose jurisdiction your home address or temporary residence is located.
11. INDEMNITY. You agree to indemnify, defend, and hold harmless PRIMAL, its licensors, its suppliers, and each of their respective officers, directors, employees, and agents from all damages, losses, and expenses, including reasonable attorneys’ fees, arising, directly or indirectly, from any violation of this EULA by you or from your acts and omissions to act in using the Game. PRIMAL reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you.
12. GOVERNING LAW. Except as otherwise set forth herein, this EULA shall be governed by, and will be construed under, the laws of Hungary, without regard to choice of law or conflict of law principles.
13. MISCELLANEOUS. If any provision of this EULA is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions will remain in effect and be enforced as if the invalid or unenforceable provision were not contained in the EULA. PRIMAL’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. You may not assign or transfer this EULA or your rights, and any attempt to the contrary is void. This EULA sets forth the entire understanding and agreement between PRIMAL and you with respect to the subject matter.