END USER LICENSE AGREEMENT
This End User License Agreement ("EULA") governs your
download, installation and use of, and access to, the game Super High Ball on
Steam (the "Game") that is provided by Emberstone Interactive (the "Vendor").
BY CLICKING THE “ACCEPT” BUTTON OR OTHERWISE ACKNOWLEDGING
YOUR ACCEPTANCE OF THIS EULA OR BY USING THE GAME, YOU ACCEPT THIS EULA AND
AGREE TO BE LEGALLY BOUND TO ITS TERMS. THIS EULA IS EFFECTIVE AS OF THE
EARLIER OF YOUR ACCEPTING THESE TERMS AND YOUR USE OF THE GAME. IF YOU DO NOT AGREE TO THE TERMS OF THIS
EULA, EMBERSTONE INTERACTIVE WILL NOT AND DOES NOT LICENSE THE GAME TO YOU AND YOU MUST NOT
DOWNLOAD, INSTALL, OR OTHERWISE USE THE GAME.
1. Ownership of the Game.
The Game is the valuable property of Emberstone Interactive
and is protected by copyright and other intellectual property
laws and treaties.
Emberstone Interactive own all right, title and interest in and to the Game, including all
copyright and other intellectual property rights therein. Emberstone Interactive reserves all
rights not expressly granted to you.
2. Scope of License to the Game.
The Game is licensed, not sold, to you.
Subject to the terms and conditions of this EULA, and the Steam Subscriber
Agreement available at (the
"Steam Terms"), Emberstone Interactive grants you a limited, non-exclusive,
non-transferable license to download, install and use the Game through the
Steam platform on a computer, handheld or mobile device or otherwise (each, a
"Device") that you own or control. Your use of the Game requires your acceptance
of, and compliance with, the Steam Terms.
3. License Restrictions.
The license granted to you in Section 2 does
not allow you to do any of the following: (a) use
the Game on any Device you do not own or control; (b) distribute, copy,
license, rent, sell, publish, lease or otherwise transfer the Game (except as
expressly permitted by this EULA or the Steam Terms) or any proprietary
materials of Emberstone Interactive to any third party; (c) reverse engineer, decompile,
disassemble or attempt to discover any source code or trade secrets related to
the Game or any proprietary materials of Emberstone Interactive; (d) remove, alter, or obscure
any copyright, trademark or other proprietary rights notice on or in the Game;
(e) work around any technical limitations in the Game; or (f) use the Game for
purposes for which it was not designed. If you breach any of these
restrictions, you may be subject to prosecution and damages.
If you provide any ideas, suggestions or recommendations to Emberstone Interactive
regarding the Game (“Feedback”), Emberstone Interactive is free to retain,
use and incorporate such Feedback in Emberstone Interactive’s products and/or services, including
the Game, without payment of royalties or other consideration.
This Section 4 does not constitute a license to any Game IP
or any proprietary materials of Emberstone Interactive. Except
as explicitly stated in this EULA, nothing in this EULA confers or shall be
construed as conferring any right or license to the other party’s intellectual
property rights, whether by estoppel, implication or otherwise.
5. Support Services; Contact.
Emberstone Interactive is not obligated to provide any support
or maintenance services for the Game at this time. If you have any questions
regarding the Game, please contact us at email@example.com.
6. No Warranty.
YOU ACKNOWLEDGE AND AGREE THAT: (A) THE GAME
MAY CONTAIN BUGS, ERRORS, AND DEFECTS; (B) USE OF THE GAME IS AT YOUR SOLE
RISK; AND (C) THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY
AND EFFORT IS WITH YOU. ACCORDINGLY, THE GAME IS PROVIDED "AS IS,"
"AS AVAILABLE," WITH ALL FAULTS, DEFECTS AND ERRORS AND WITHOUT
WARRANTY OF ANY KIND. EMBERSTONE INTERACTIVE DISCLAIMS ALL WARRANTIES (EXPRESS AND IMPLIED AND
ARISING BY LAW OR OTHERWISE) REGARDING THE GAME AND ITS SUITABILITY FOR YOUR
INTENDED USE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND
NON-INFRINGEMENT. EMBERSTONE INTERACTIVE WILL HAVE NO LIABILITY OF ANY KIND FOR THE USE OF, OR
INABILITY TO USE, THE GAME OR ANY SERVICE THAT THE GAME IS INTENDED TO ACCESS
OR FOR ANY LOSS OF DATA. EMBERSTONE INTERACTIVE does not REPRESENT OR warrant
that the Game will be delivered free of any interruptions, delays, omissions or
errors (“Faults”) or in a secure manner or that any Faults will be
corrected. NO ORAL OR WRITTEN INFORMATION OR
ADVICE GIVEN BY EMBERSTONE INTERACTIVE OR ITS AUTHORIZED REPRESENTATIVES
WILL CREATE A WARRANTY. IN THE EVENT THAT THE GAME PROVES DEFECTIVE, YOU ASSUME
THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
The laws of some countries or jurisdictions do not allow the exclusion
of implied warranties. To the extent that those laws apply, the exclusions set
forth above may not apply to you.
To the fullest extent permitted by applicable
law, you agree to defend, indemnify, and hold harmless Emberstone Interactive, its affiliates,
independent contractors and service providers, and each of their respective
members, directors, officers, employees and agents ("Representatives")
from and against all claims, damages, costs, liabilities and expenses
(including but not limited to reasonable attorneys' fees) arising out of or
related to your download or installation of and access to, or inability to download,
install or access, the Game. In the event of any claim that the Game, or your
possession or use thereof, infringes any intellectual property rights of a
third party, you agree to contact Emberstone Interactive.
Emberstone Interactive will, at its option, terminate the license granted herein, settle
or defend the claim.
8. Limitation of Liability.
To the fullest extent permitted by applicable law: (A) EMBERSTONE INTERACTIVE AND ITS
REPRESENTATIVES WILL HAVE NO LIABILITY (WHETHER IN CONTRACT, WARRANTY, TORT,
NEGLIGENCE OR OTHERWISE) FOR ANY DAMAGES SUSTAINED BY YOU ARISING FROM YOUR DOWNLOAD
OR INSTALLATION OF, OR ACCESS TO, THE GAME, INCLUDING WITHOUT LIMITATION ANY
INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OR LOSS OF
DATA, EVEN IF EMBERSTONE INTERACTIVE OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES; AND (B) YOU CAN RECOVER ONLY DIRECT DAMAGES FOR THE GREATER OF
$15.00 AND THE AMOUNT YOU PAID FOR THE GAME.
Any use of the Game other than as
specifically authorized under this EULA, or the Steam Terms, without the prior
written permission of Emberstone Interactive is strictly prohibited and will immediately
terminate the license granted herein. Such unauthorized use may also violate
applicable laws, including without limitation copyright and trademark laws and
applicable communications regulations and statutes. You may terminate this EULA at any time by
(a) ceasing use of the Game and (b) deleting all copies of the Game in your
possession or control. Emberstone Interactive reserves the right to terminate this EULA at any
time, for any or no reason. In the event of termination, the license granted to
you herein will automatically terminate and you must immediately cease all use
of the Game and destroy all copies of the Game within your possession or
10. Updates and Modifications.
The terms of this EULA will govern any updates or upgrades provided by Emberstone Interactive,
unless such update or upgrade is accompanied by a separate license, in which
case the terms of that separate license will govern. Your next use of the Game
may be governed by a different EULA and it is your responsibility to check this
EULA periodically for changes. You use or continued use of the Game following
the posting of any changes to this EULA or any other posted policies will
constitute your acceptance of, and agreement to be bound by, the changed terms
or policies. Emberstone Interactive reserves the right to modify or discontinue, temporarily or
permanently, the Game (or any features or portions thereof) without prior
notice. Emberstone Interactive also may impose limits on the use of or access to the Game, in
any case and without notice or liability.
If any court of competent jurisdiction or competent authority finds that any provision
of this EULA is invalid, illegal or unenforceable, that provision or part-provision shall,
to the extent required, be deemed to be deleted, and the validity and enforceability
of the other provisions of this EULA shall not be affected. If any invalid,
unenforceable or illegal provision of this EULA would be valid, enforceable and legal if some part of it were deleted,
the provision shall apply with the minimum modification necessary to make it legal,
valid and enforceable to reflect Emberstone Interactive initial intentions.
12. Law, Juridiction and Dispute Resolution.
Other than as specifically indicated below, to the extent permitted by applicable law,
this EULA and any disputes or claims arising out of or in connection with it
or its subject matter or formation (including non-contractual disputes or claims) are governed by and construed
in accordance with the laws of the United Kindom.
You irrevocably agree that the courts of London, the United Kindom have exclusive jurisdiction to settle any dispute
or claim that arises out of or in connection with the EULA or its subject matter or formation (including non-contractual disputes or claims).
In the event of a conflict between the terms of this EULA and any other written
or oral agreement related to the Game, including the Steam Terms as applied to
the Game, the terms of this EULA will control.
An omission or supplemental term will not be deemed a conflict.
The Game includes the Unreal® Engine code and other code, materials, and information (the “Epic Materials”) from Epic Games,
Inc. (“Epic”). All Epic Materials are provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind.
Formslingers UG (haftungsbeschraenkt) ("Emberstone Interactive"), Epic, and Epic’s affiliates disclaim all warranties,
conditions, common law duties, and representations (express, implied, oral, and written) with respect to the Epic Materials,
including without limitation all express, implied, and statutory warranties and conditions of any kind, such as title,
non-interference with your enjoyment, authority, non-infringement, merchantability, fitness or
suitability for any purpose (whether or not Epic knows or has reason to know of any such purpose),
system integration, accuracy or completeness, results, reasonable care, workmanlike effort, lack of negligence,
and lack of viruses, whether alleged to arise under law, by reason of custom or usage in the trade, or by course of dealing.
Without limiting the generality of the foregoing, Emberstone Interactive, Epic, and Epic’s affiliates make no warranty that
(1) any of the Epic Materials will operate properly, including as integrated in the Game,
(2) that the Epic Materials will meet your requirements,
(3) that the operation of the Epic Materials will be uninterrupted, bug free, or error free in any or all circumstances,
(4) that any defects in the Epic Materials can or will be corrected,
(5) that the Epic Materials are or will be in compliance with a platform manufacturer’s rules or requirements, or
(6) that a platform manufacturer has approved or will approve this Game, or will not revoke approval of this Game for any or no reason.
Any warranty against infringement that may be provided in Section 2-312 of the Uniform Commercial Code or in any other comparable statute is expressly disclaimed by Emberstone Interactive and Epic.
Emberstone Interactive, Epic, and Epic’s affiliates do not guarantee continuous, error-free, virus-free, or secure operation of or access to the Epic Materials. This paragraph will apply to the maximum extent permitted by applicable law.
To the maximum extent permitted by applicable law, neither Emberstone Interactive, Epic, Epic’s licensors,
nor its or their affiliates, nor any of Emberstone Interactive' or Epic’s service providers,
shall be liable in any way for loss or damage of any kind resulting from the use or inability to use the Epic Materials or otherwise in connection with this EULA,
including but not limited to loss of goodwill, work stoppage, computer failure, or malfunction,
or any and all other commercial damages or losses. In no event will Emberstone Interactive, Epic, Epic’s licensors,
nor its or their affiliates, nor any of Emberstone Interactive’ or Epic’s service providers be liable for any loss of profits or any indirect,
incidental, consequential, special, punitive, or exemplary damages, or any other damages arising out of or in connection with this EULA or the Epic Materials,
or the delay or inability to use or lack of functionality of the Epic Materials, even in the event of Emberstone Interactive,
Epic’s, or Epic’s affiliates’ fault, tort (including negligence), strict liability, indemnity, product liability, breach of contract,
breach of warranty, or otherwise and even if Emberstone Interactive, Epic or Epic’s affiliates have been advised of the possibility of such damages.
These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate compensation.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential
or incidental damages, in such states or jurisdictions, the liability of Emberstone Interactive, Epic, Epic’s licensors,
its and their affiliates, and any of Emberstone Interactive' or Epic’s service providers shall be limited to the full extent permitted by law.
Leader Board and User Data Collection.
Why do we collect Data?
We do collect certain information about you and your play sessions for the sole purpose of our Leader Board.
Which Data do we collect?
We collect and only collect your Steam username ("Display Name")and your Steam ID.
We do have entries for when you first launch the game and an entry is created every time you start the game and finish a level.
Who has access to the Data?
Only the development team at Emberstone Interactive have access to your information. Other players can only see your Steam name and scores through the Leaderboard.
Where do we store the Data?
All of your information and statistics are stored on a secure server, which we use for our cloud database.
Contact and support.
Emberstone Interactive is a limited company registered in the United Kindom.
Company number 10782837
22 Aerodrome Road