ZIX – End User Licence Agreement (EULA)
If you do not agree to this ELA, then you must not Use the Game. The above does not affect your rights in the event of the Game being defective.
Hidden Gem IO Inc. (“Hidden Gem IO”, “we”, or “us”) reserves the right to amend, alter, update or modify this ELA at any time in its sole discretion by posting an amended version at www.hiddengem.io/terms. Any continued Use of the Game after Hidden Gem IO posts such modifications, alterations, amendments, or updates constitutes your acceptance of such modifications, alterations, amendments, and updates.
Where a CD key or activation code is required to install this Game and/or to access any Online Features, Hidden Gem IO is not responsible for reproducing or replacing such CD key or activation code, and it is the responsibility of the original purchaser to keep this CD key or activation code secure. Lost, stolen or damaged CD keys/activation codes will not be replaced by Hidden Gem IO.
1.1 You accept responsibility in accordance with the terms of this ELA for Using the Game on or in relation to any device, whether or not it is owned by you. You shall obtain permission from the owner of any device that is controlled, but not owned, by you for Use of the Game. You and the owner of any device may be charged by your and their service providers for internet access on the devices.
1.2 The Game may contain links to other third-party websites. Such websites are not controlled by Hidden Gem IO, and we are not responsible for and do not endorse their content, privacy policies or data security practices. You should make your own informed judgement regarding your interaction with such third-party websites, including the purchase and use of any products or services accessible through them.
2. Grant and Scope of Licence
2.1 Subject to your compliance with the terms of this ELA, we grant you a non-transferable, non-exclusive, non-sublicensable, revocable, limited licence to use the Game. You are permitted to:
(a) load the Game into and Use it on a single device which is under your custody and control and which meets the specifications referred to in the manual for your own private and domestic Use;
(b) transfer the Game from one such device to another; provided the Game is Used on only one device at any one time and any device on which it is Used is under your custody and control at the time of Use.
2.2 All rights not expressly granted hereunder are, to the extent permitted by law, reserved to Hidden Gem IO and its licensors. Your rights of use under this ELA are strictly conditional upon your observance of the terms and conditions contained in this ELA at all times.
3. Licence Restrictions
You are not permitted:
(a) to load the Game on to a network server for the purposes of distribution to one or more other device(s) on that network or to effect such distribution;
(b) except as expressly permitted by this ELA and to the extent expressly permitted by applicable law, to rent, lease, sub-license, loan, exploit for profit or gain, copy, modify, adapt, merge, translate, reverse engineer, decompile, disassemble or create derivative works based on the whole or any part of the Game or use, reproduce, distribute, translate, broadcast, publicly perform, store in a retrieval system or otherwise deal in the Game or any part thereof in any way;
(c) use cheats, automation software, hacks, mods, or any other unauthorized software designed to modify or defeat the purpose or experience of the Game;
(d) use any unauthorized software that harvests or otherwise collections information about others or the Game, including about a character or the game environment;
(e) use any robot, spider, scraper, or other automated or manual means to access the Game or any Online Features or copy any content or information from the Game or any Online Features;
(f) probe, scan, test the vulnerability of or breach the authentication measures of the Game or any Online Features;
(g) violate any technology control or export laws and regulations that apply to the technology used or supported by the Game or any Online Features.
4. Acceptable Use Restrictions
4.1 You may not use the Game or any Online Features in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this ELA, or act fraudulently or maliciously, including but not limited to hacking into, inserting malicious code (including viruses or harmful data) into the Game, any Online Features or any operating system.
4.2 You may not infringe our intellectual property rights or those of any third party in relation to your use of the Game or any Online Features to the extent that such use is not licensed by this ELA.
4.3 You may not transmit any material that is unlawful, defamatory or offensive in relation to your use of the Game or the Online Features.
4.4 You may not use the Game or any Online Features in a manner that could damage, disable, impair, overburden or compromise our systems or security or interfere with the experience of other users of the Game or any Online Feature.
4.5 You may not collect or harvest any information or data from the Game, the Online Features or our systems, and may not attempt to decipher any transmissions to or from the servers running the Game or Online Features.
5. Intellectual Property Rights
5.1 You acknowledge that all ownership rights, intellectual property, trade secret and all other proprietary rights in the Game and the Online Features (including, without limitation, any computer code, themes, objects characters, character names, stories, locations, concepts, artwork, storylines, likenesses, moral rights, structural or landscape designs, self-generated levels created using the Game editor, musical compositions, dialogue, or any other content protected by Canada or international intellectual property protection laws) are owned or licensed by Hidden Gem IO, that rights in the Game are licensed rather than sold to you (subject to the licence granted in clause 2), and that you have no rights in or to the Game or the Online Features other than the right to Use them strictly in accordance with the terms of this ELA.
5.2 You acknowledge that you shall acquire no proprietary rights in past or stored gameplay, Game progress, character or other achievements within the Game.
5.3 You acknowledge that you have no right to access the Game in source code form.
6. Fees and Payment
6.1 To Use the Game you are required to pay a fee. You may also be able to purchase items within the Game or through the Online Features in return for specific charges.
6.2 You will be informed of the applicable fee for Use of the Game immediately prior to purchase. Failure to pay any fees or charges will constitute a material breach of this ELA. We may amend the fees and payment terms at any time at our sole and complete discretion.
6.3 We may, in our sole discretion, waive any and all fees associated with the download of the Game in connection with special offers or promotions.
7. Game Functionality; Health and Safety Warning
7.1 Online Features
7.1.1 The Game may allow certain online services operated by Hidden Gem IO and/or its affiliates or third parties authorised on their behalf to be accessed, which allow users of the Game to enjoy certain on-line or multiplayer features and functionality associated with the Game (“Online Features”). These services and Online Features may, however, require payment of additional fees. In addition, access to and use of such Online Features and other goods or information made available as part of such services may be subject to completion of a registration process and acceptance of additional terms and conditions including, but not limited to, privacy policies governing the use and processing of personally identifiable information. Not all purchasers of this Game will be able to register or benefit from such services (including Online Features associated with the Game). These services and Online Features may not be available in your country, are not guaranteed to be available for any period of time, may be subject to suspension or withdrawal at any time and may be subject to age restrictions. An internet connection will be required to access Online Features. You are responsible for all internet and other connection charges associated with your access to and use of any Online Features.
7.2 Usage Data
7.3 Communication and interaction with other users
7.3.1 The Game and/or Online Features may allow communications between users by means including but not limited to text and voice. When using such features you must use common sense and good manners, your behaviour, conduct and communications must be considerate to other users and you must not be directly or indirectly offensive, threatening, harassing or bullying to others or violate any applicable laws including but not limited to anti-discrimination legislation based on race, ethnicity, religion, gender or sexual orientation.
7.3.3 By accepting these terms and conditions you hereby agree that any information collected as described in Clause 7.3.2 that is deemed to be illegal or to contravene the rights of Hidden Gem IO, our employees, customers, or any other individual during Use of the Game or the Online Features may be reported to the police or other appropriate authorities, and; ii) agree to be bound by the Community Codes of Conduct for the Game, the latest version of which may be viewed here.
7.3.4 Hidden Gem IO does not own the materials you provide to Hidden Gem IO (including feedback and suggestions) or post, upload, input or submit via the Game or Online Features, and you may request deletion of any such materials at any time, unless such content has been shared with, or copied and stored by other users of the Game or Online Services. However, by posting, uploading, inputting, providing or submitting such content you are granting Hidden Gem IO and its affiliates a nonexclusive, irrevocable, worldwide, sublicenseable, perpetual, unlimited, assignable, fully paid up and royalty-free right to copy, publish, prepare derivative works of, distribute, process, analyze, use and commercialize, in any way now known or in the future discovered, such content.
7.3.5 All content posted, uploaded, inputted, or submitted by you via the Game or any Online Feature is at your own risk and you hereby represent and warrant that you have the full legal right to so use such content and that it is not confidential or proprietary to any third party, nor are you using it in violation of any law or contractual restriction.
7.4 Patches and Updates
We may deploy or provide patches, updates and modifications to the Game that must be installed in order for you to continue to play the Game. We may update the Game remotely (including without limitation the Game client on your device), and you hereby grant us your consent to deploy and apply such patches, updates and modifications.
7.5 Health and Safety Warning
You use the content at your own risk when accessing the content using a virtual reality device or 3D headset (“Headset”) and you hereby represent and warrant that you have read the warnings provided by the manufacturer of the Headset carefully before using the Headset to reduce the risk of personal injury, discomfort or property damage. You hereby represent and warrant that you have read and follow all setup and operating instructions provided with the Headset and that the Headset should be configured for each individual user by using the configuration software provided by the Headset manufacturer before using the content or starting the Game. We recommend seeing a doctor before using a Headset if you are pregnant, elderly, have pre-existing binocular vision abnormalities or psychiatric disorders, or suffer from a heart condition or other serious medical condition. A small number of users may be susceptible to epileptic seizures or loss of consciousness when exposed to certain flashing lights or light patterns. Such individuals may experience a seizure while watching certain images or playing a video game. If you or anyone in your family has ever had symptoms related to epilepsy (seizures or loss of consciousness) when exposed to flashing lights, please consult a medical professional and take all necessary precautions prior to playing the Game.
If you experience any of the following symptoms while playing any video game: dizziness, eye or muscle twitches, loss of consciousness, disorientation, convulsions, involuntary movements, discontinue use of that video game immediately and consult a medical professional.
8.1 Without prejudice to any other rights, Hidden Gem IO may terminate this ELA immediately without notice if you fail to comply with the terms and conditions of this ELA. In the event of termination, all rights granted to you under this ELA shall cease and you must destroy all copies of the Game and all of its component parts (including any Game stored on the hard disk of any device). All provisions of this ELA relating to disclaimers or warranties, limitations of, remedies, damages, Hidden Gem IO’s proprietary rights and/or any terms intended expressly or by implication to survive termination or expiry shall survive termination, including, without limitation Clauses 3-5, and 10-12.
8.2 The Online Features are provided over the internet as provided by Hidden Gem IO. You acknowledge that the Online Features are provided by Hidden Gem IO at its discretion and may be terminated or otherwise discontinued by Hidden Gem IO at any time.
9. Limited Warranty and Support
9.1 The Game (along with any services provided by us in connection with it, including but not limited to the Online Features) is provided “as is” and without warranty of any kind, to the maximum extent permitted by law. You assume all risk associated with Using the Game or the Online Features.
9.2 To the maximum extent permitted by law, we disclaim all representations, warranties, conditions or other terms (whether express or implied) including but not limited to implied warranties and/or conditions of merchantability, satisfactory quality, non-infringement of intellectual property rights and fitness for a particular purpose. While we endeavour to ensure that the Online Features are available at most times, we do not guarantee that they will always be available, nor that they will not become unavailable while a user is Using the Game. The Online Features may become unavailable for reasons including but not limited to the performance of maintenance, the updating of software, emergency situations and equipment or network failures.
9.3 Without prejudice to the generality of the above, we do not warrant that the Game is error-free or that it will operate without interruption, nor that we will repair any errors in the Game.
9.4 We do not warrant that the Game will operate on all devices and operating systems. It is your responsibility to refer to the minimum required technical specifications contained on the relevant product page required for effective Use of the Game and the Online Features.
9.5 If you require technical assistance, please contact firstname.lastname@example.org. You will be responsible for all connection charges.
10. Limitation of Liability; Remedies
10.1 We only supply the Game (including the Online Features) for domestic and private use. You agree not to use the Game for any commercial, business or resale purposes and we have no liability to you for any loss of profit, loss of information, loss of business, business interruption, or loss of business opportunity arising out of the use of or inability to use the Game, even if we have been advised of the possibility of such damages.
10.2 We are only responsible for loss or damage you suffer that is a foreseeable result of our breach of this ELA or our negligence, subject to the limitations specified in clause 10.3, but we are not responsible for any unforeseeable loss or damage. Loss or damage is foreseeable under this ELA if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we granted this ELA. Except as otherwise specified in this clause 10, in no event shall Hidden Gem IO, our partners, our affiliates, or our respective licensors and suppliers be liable for any, indirect, punitive, incidental or special damages arising out of or in any way connected with any Use of the Game or the Online Features (including any delay or inability to Use the Game or the Online Features) including, without limitation, loss of data, computer failure or malfunction, or any and all other damages or losses arising out of the Use of the Game or Online Features, whether based on contract, tort, strict liability or otherwise.
10.3 Notwithstanding clause 10.2, our maximum aggregate liability under, in connection with, ARISING OUT OF, OR RELATED TO this ELA or your use of the Game (including the Online Features or Headset), whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to the amount actually paid by you for the Game. This does not apply to the types of loss set out in clause 10.4. Because some Jurisdictions do not allow the exclusion or limitation of liability for certain damages, the above limitations may not apply to you.
10.4 Nothing in this ELA shall limit or exclude our liability to you for: (i) death or personal injury resulting from our negligence; (ii) fraud or fraudulent misrepresentation; and (iii) any other liability that cannot be excluded or limited by law.
10.5 You understand that the Game may be updated at any time and in doing so no obligation to provide such updates to you pursuant to this ELA or otherwise shall arise.
10.6 If you breach or threaten to breach any provision in this ELA, you agree that Hidden Gem IO shall be irreparably harmed, and, without any additional findings of irreparable injury or harm or other considerations of public policy, Hidden Gem IO shall be entitled to receive an injunction compelling specific performance by you of your obligations under this ELA without the necessity of posting any bond or other security.
11. Governing Law; Forum Selection
11.1 Subject to clauses 11.2 and 11.3 below, this ELA and any claim or dispute of whatever nature (including any non-contractual dispute) arising out of or relating to this ELA shall be governed by, and construed in accordance with, the laws of Canada whose courts shall have non-exclusive jurisdiction over all disputes arising under or in connection with this ELA, unless and to the extent only that the laws and/or jurisdiction relating to transactions with consumers in a particular jurisdiction require this ELA to be governed by and construed in accordance with the laws of such jurisdiction and/or require any dispute relating to this ELA to be subject to the jurisdiction of a court or other tribunal in such jurisdiction in order for this ELA to be binding and enforceable, in which event the local laws and/or jurisdiction of such jurisdiction shall apply, to the extent so required. You consent to personal jurisdiction of and venue in the courts within or having jurisdiction over such country, and waive any objection you might otherwise have had on the basis of the doctrine of forum non conveniens.
11.2 In the case of any claim of dispute of any nature (including non-contractual dispute) arising our of or relating to any Use of the Game by a user physically located within the United States of America at the time of the Use of the Game giving rise to such claim or dispute, clause 11.1 shall not apply and this ELA and any claim or dispute of whatever nature (including any non-contractual dispute) arising out of or relating to this ELA shall be governed by, and construed in accordance with, the laws of the state of Nevada not including its conflict of law principles. Each party irrevocably agrees that any legal action, dispute, suit or proceeding brought by it in any way arising out of this Agreement must be brought solely and exclusively in the courts located in the state of Nevada, and irrevocably accepts and submits to the sole and exclusive jurisdiction of each of the aforesaid courts in personam.
11.3 The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this ELA.
12.1 We may transfer our rights and obligations under this ELA to another entity, but this will not affect your rights or obligations under this ELA. You may only transfer your rights or obligations under this ELA to another person if we agree in writing.
12.2 Each of the provisions of this ELA operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remainder of the ELA will remain in full force and effect.
12.3 In the event of a conflict between the terms of this ELA and the Conditions of Use, the provisions of this ELA shall prevail.
12.4 If we fail to insist that you perform any of your obligations under this ELA, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations.
12.5 If you acquired or Use this Game in the United States of America, you will not export or re-export it except as authorised and permitted by the laws and regulations of the United States of America.
12.6 This ELA constitutes the entire agreement between Hidden Gem IO and you with respect to the license and use of the Game and the Online Features and supersedes all prior or contemporaneous understandings. No amendment or modification of this ELA will be binding unless made in writing and signed by a duly authorised representative of Hidden Gem IO.