TERRATECH EULA

Introduction

Who we are

We are Terra Tek Studios Limited, a video games company based in London, England. Our trading name (and our name in this End User Licence Agreement) is "Payload Studios" (or "us", or "we"). Our full address is set out below.

What this is

This End User Licence Agreement ("EULA") covers the relationship between us and the individual end users ("you") who acquire or use a copy of our games including TerraTech and the TerraTech R&D Pack ("Games"). This EULA is in addition to (rather than instead of) the terms which apply between you and distribution platforms like GOG or Steam. Your use of the Game indicates your acceptance of the terms of this EULA.

1. Our licence to end users

Each purchaser of a Game has a personal, non-exclusive, non-transferable licence to store and play the Game on his or her personal devices, for personal use only. Additional restrictions may also apply, for instance if the Game is obtained through an educational institution. Games are licensed, not sold, and we reserve all rights in our Games.

Videos, fan art and modding are covered in more detail in sections 4 and 5 below.

2. Sales and returns of Games

Game sales and Game returns are governed by your relationship with the distribution platform you have paid (e.g. GOG, Steam or Humble). These platforms have policies for returns and refunds, so please contact them for these purposes.

3. Our Games

We do not promise or warrant that our games are bug free or error free. In particular, if any of our Games are in "Early Access" or "Games in Development" (e.g. any Game with a version number lower than 1.0) then those Games are unfinished. They are likely to include major bugs and errors and to change substantially over time (which may include losing Game saves). You may need to update our Games regularly both before and after launch of 1.0.

4. The TerraTech Community

This section sets out how we interact with our community. If you have any further questions about this please contact us via our forums (www.terratechgame.com). Please also see section 6.3 which contains important limits on creating commercial products or services connected to our Games.

4.1 Bugs and comments

We welcome all crash reports and bug reports, so please complete any crash report that comes up in a Game and let us know about other bugs via the Game, or via the bug thread on our forums. We also welcome comments! Please send these to us via the suggestions thread on our forums.

4.2 New content

If you share any content (including any tech design) you make in our Games (e.g. by tweeting it using a TerraTech hashtag), or submit it to our forums, then we may use it in our Games or on our website or social media. Techs may appear with the username and Tech name you specified. So please don't share or submit anything if you don't want us to use it in this way! (This does not apply to your videos or streams, of course.)

In addition please don't share or submit anything which is offensive or illegal, which belongs to someone else, or which gets you or us or our partners into trouble with anyone else.

4.3 Videos and Streams

We would love you to make gameplay videos of our Games or to stream video of you playing our Games! Obviously you are free to monetize videos or streams showing gameplay, but please just ensure that you follow the rules set by the platform you use (e.g. YouTube and Twitch). We would also love it if you told us about your videos or streams, but obviously you don't have to do so.

4.4 Modding

Please refer to our website (or contact us) if you want to mod a Game. We cannot automatically allow Games to be modded at the moment for technical reasons. Depending on the mod, there may also be legal issues that need to be addressed first, as our Games use technology we have licensed from other companies.

4.5 Feedback, ideas and fan art

If you send us any feedback or ideas, including suggestions about a Game, or fan art, you permit us to use these without charge (including in-game or on our website or social media) as provided below in section 6.1. Please don't send us any feedback or ideas unless you agree to this! As noted below, please do not sell or commercialise fan art based on a Game.

4.6 Helping us out

If you are a forum moderator, or help us out as a canary or with localisation, or help us in some other way, you are doing this without payment. We will not tell you when or where to do anything, and you are not required to do anything, at any time. Any help you do provide is voluntary. Please do not describe yourself as a member of the development team, or as a developer, or as a member of Payload (as this could cause confusion in the wider community). You permit us to use any work you create as provided below in section 6.1.

4.7 Multiplayer

We are working on implementing multiplayer. If multiplayer is enabled this will be subject to usage and behaviour rules in common with other multiplayer games.

5. Analytics and Privacy

Our privacy policy is posted on our website. Other privacy policies may apply to your use of our Games, including the privacy policies used by the distribution platform you used to obtain the game.

6. Other legal stuff our lawyers have asked us to say

6.1 Permissions granted to us

Permissions and licences granted to us are perpetual, irrevocable, worldwide and royalty free. They are granted to us without any limitation and we may sub-license or assign them. Accordingly, we may use works, content or ideas provided to us (including anything tweeted using a TerraTech hashtag and any mod you distribute or publish or provide to us) in any way we like, including within a Game, and accordingly we may copy, modify, distribute, publish, stream, advertise, market, make derivative works of, and commercially exploit our Games (including works, content, mods or ideas provided to us) worldwide and without royalty or other charge. We are not obligated to use any works, content, mods or ideas you have created. To the extent you can do so under applicable law, you agree to waive any so-called "Moral Rights" you may have in any work, content, mod or idea you provide to us.

6.2 Restrictions

Except as (but only to the extent that) we are legally required to permit you, you will not: (i) copy, adapt, rent, lease, modify, distribute, sell, license, create derivative works of, or commercially exploit any Game; (ii) circumvent, remove or disable any digital rights management or copy protection technology used in connection with a Game; (iii) reverse engineer, disassemble, decompile a Game; (iv) hack a Game or create, distribute or use any cheat, bot or other software designed to modify a Game or change the manner in which a Game operates.

6.3 Commercial use of our Games or mods

You agree that you will not create any commercial product or service using our Games (for instance by selling fan art or 3d models created using a Game, or by selling mods) or use our Games for commercial purposes. However, this does not prevent you from monetizing videos or streams as described in paragraph 4.3 above.

6.4 Extracting assets from a Game

You may not extract assets (e.g. 3D models, music, sound files or code) from a Game, or use or distribute any extracted assets outside of a Game, unless this forms a part of ordinary Game play and is explicitly allowed (e.g. submitting techs to a forum).

6.5 User Generated Content and Mods

You must ensure that any content you create with a Game or relating to a Game (including any mod): (i) does not infringe the intellectual property rights or other rights of any person; (ii) does not contravene any applicable law or regulation; (iii) is not offensive, defamatory, objectionable or inappropriate to be viewed by children under the age of 10; and (iv) does not contain any virus, trojan horse, malware, spyware or hidden content.

6.6 Termination

We may terminate your rights under this EULA if you commit a material breach of this EULA. Termination of this EULA will not affect any of our other rights or remedies.

6.7 Special permission or status granted to you

If we grant you a special permission or status (e.g. to use our Game name(s), or videos or screenshots), or a specific status (e.g. a forum moderator), we can revoke this at any time without prior notice and without liability or obligation to you.

6.8 Our Game and name

We have the final say on all issues relating to the content of our Games, all uses of our studio name and our Game name(s), and of our forums, websites or social media sites. No permission or licence is granted in respect of our Games, studio name(s) and Game name(s) except as explicitly set out in (and subject to) this EULA.

6.9 Status and applicable laws

The terms set out in this EULA are a legal agreement between you and us which is governed by English law. We can assign the benefit of this agreement to any person.

6.10 Changes to these terms

We can update these terms at any time, and any update will be binding once the new terms have been published. We will use reasonable efforts to notify our community of any important changes we make to these terms, such as by posting changes to our forums.

6.11 No promises or liability

We make no promise or guarantee that our Games or services will be uninterrupted or error-free.

USE OF OUR GAMES AND SERVICES IS AT YOUR RISK. THESE ARE PROVIDED "AS IS" ONLY. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO PROMISES, WARRANTIES, CONDITIONS OR OTHER TERMS OF ANY KIND, EITHER EXPRESS OR IMPLIED, ABOUT OUR GAMES OR ANY SERVICE WE PROVIDE. WE ARE NOT LIABLE TO YOU IN ANY MANNER IN CONNECTION WITH OUR GAMES OR ANY SERVICE WE PROVIDE.

IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE OR ANY ECONOMIC LOSS UNDER OR IN CONNECTION WITH THIS EULA OR IN ANY OTHER MANNER IN CONNECTION WITH A GAME.

OUR ENTIRE LIABILITY UNDER OR IN CONNECTION WITH THIS EULA OR IN ANY OTHER MANNER IN CONNECTION WITH A GAME SHALL BE LIMITED TO AN OBLIGATION EITHER TO REFUND THE PURCHASE PRICE FOR THE RELEVANT GAME OR TO PROVIDE A REPLACEMENT COPY OF THE GAME (AS DETERMINED BY US IN OUR SOLE DISCRETION).

However, nothing in this EULA shall limit our liability for fraudulent misrepresentation, personal injury caused by our negligence, or any other form of liability which cannot be limited or excluded by contract.

If your local law does not allow these disclaimers, they may not apply to you.

6.12 Your statutory rights

Nothing in these terms will affect your statutory rights (if any) which cannot be limited by contract.

6.13 Other

Our website at www.terratechgame.com has other legal sections dealing with our relationship, including our privacy policy and cookie policy.

Although we refer to "sales" of our Games, this refers to the grant of a non-exclusive, non-transferable personal licence to use a Game for your entertainment. The precise scope of this licence is set out in this EULA and in your agreement with the distribution platform from which you obtained a copy of the Game.

6.14 Legal notices for the Game

Our Games are © 2015, 2016, 2017 Payload Studios. The "TerraTech" and "Payload" names are our trademarks, and may be registered in some countries. All rights reserved.

6.15 Definitions

References to "us" and "we" mean Payload Studios (full legal name: Terra Tek Studios Limited) of Unit 2, Depot Point, 15-27 Britannia Street, London WC1X 9AH, the UK, and our successors, assignees and licensees. "You" means any person who acquires and/or who plays TerraTech.

7. Grabit EULA

This section sets out the End User License Agreement relating to Grabit, which is provided by Whispering Gibbon Limited:

GRABIT End User License Agreement (EULA)

Grabit is © Whispering Gibbon Limited 2016. The Grabit mark is a trade mark of Whispering Gibbon Limited. All rights reserved.

Grabit is licensed to you free of charge to use only for the purposes of selecting items within TerraTech ("the Assets") and exporting such items as data files suitable for viewing and 3-D printing ("3D Prints") and for no other purpose.

You may not resell or redistribute Grabit nor may you disassemble or reverse engineer Grabit save as expressly provided by law. You may not use Grabit for commercial purposes save with the written permission of Whispering Gibbon prior to any such use.

All advertising materials mentioning features or use of this software must display the following acknowledgment: "This product includes software developed by Whispering Gibbon Limited, all rights reserved."

Neither the name and marks and other indicia of Whispering Gibbon Limited nor the names of the individual developers involved in the creation of Grabit may be used to endorse or promote products derived from this software without specific prior written permission.

GRABIT IS PROVIDED BY WHISPERING GIBBON LIMITED 'AS IS' AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF SATISFACTORY QUALITY AND FITNESS FOR PURPOSE ARE HEREBY EXCLUDED. IN NO EVENT SHALL WHISPERING GIBBON LIMITED BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS AND/OR SERVICES; LOSS OF USE, DATA OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY OR TOR (INCLUDING NEGLIGENCE) ARISING IN ANY WAY OUR OF THE USE OF GRABIT, EVEN IF YOU HAVE ADVISED WHISPERING GIBBON OF THE POSSIBILITY OF SUCH DAMAGE ARISING FROM YOUR USE OF GRABIT.

IN PARTICULAR, WHISPERING GIBBON LIMITED DOES NOT WARRANT THAT THE USE OF GRABIT WILL BE ERROR-FREE AND WITHOUT INTERRUPTION. BECAUSE OF VARIANCES IN THE 3D PRINTING PROCESS (SUCH AS, WITHOUT LIMITATION, MATERIALS AND COLOURS) WHISPERING GIBBON LIMITED DOES NOT WARRANT THAT 3D PRINTS WILL RESEMBLE EXACTLY THE ASSETS THAT APPEAR ON SCREEN IN-GAME.

Whispering Gibbon Limited is a company incorporated in England & Wales (registered number: 07890248) whose registered office is at 5 Sunco House, Carliol Square, Newcastle Upon Tyne, NE1 6UF.