Terms of Service

End User license Agreement (EULA)

These license terms are a legally binding agreement between you and Aperion Studios, S.L., governing your use of Aperion Studios applications, games and services (the Software). These terms, as updated from time to time in accordance with this EULA, apply to any demo / trial version, updates, DLC, enhancements, support and internet based services associated with the Software.

By using, installing, downloading or making any copy of the software, you accept these terms. You also consent to provide us with certain information as set out in these terms. If you do not accept these terms, you must not use the software, and must remove and delete or destroy any copy of the software in your possession.

Ownership of the Software

Aperion Studios, S.L. retains ownership of the Software, and reserves all rights in the Software. No proprietary rights are assigned or transferred under this EULA. You may not copy, reproduce, modify, alter, adapt, translate, decompile or reverse engineer the software except as permitted by law or this EULA. This EULA does not give you any right to sub-license the Software.

Grant of license

Upon payment of the applicable license fees, we grant you a non-exclusive license to use, copy, install and enjoy the Software for your personal non-commercial use, subject to the terms of this EULA.

You can’t sell it, rent it, or use it for commercial purposes (such as an internet cafe, arcade, or public library) – for these uses please contact us to discuss a commercial license.

Restrictions on Use

Unless otherwise permitted by law or this EULA, you must not:

(a) work around any technical limitations in the software;

(b) reverse engineer, decompile or disassemble the software, or disclose the algorithmic nature or describe any part for the source code or inner workings of the Software;

(c) publish the software for others to copy;

(d) use the software in any illegal or immoral way, or for any such purpose;

(e) use, copy, rent, lease or lend the software; or

(f) create any derivative work or program to mimic the data or functionality of the Software.

Third Party Components

The Software incorporates some third party components, which are subject to applicable third party software licenses and privacy policies, incorporated by reference. A list of these third party components is available upon request.

BY AGREEING TO THE TERMS OF THIS EULA, YOU AGREE TO BE BOUND BY THESE APPLICABLE THIRD PARTY SOFTWARE LICENSES.

Backup Copies

You may create a backup copy of the Software, in its entirety (including a copy of this EULA), for your own personal data recovery purposes, or otherwise as permitted by law. You may use this copy only to reinstall the Software, subject to the terms of this EULA.

Software Updates and DLC

We may release updates, patches, DLC, or new versions of the Software from time to time. You have no automatic right to any updates or DLC, but where we choose to provide these to you, they shall be considered part of the Software and shall be governed by the terms of this EULA.

Resale

This license is not transferable. You may not sell, rent, assign, transfer or novate your rights or obligations under this EULA.

Privacy

Usage of the Software is subject to our Privacy Policy, incorporated by reference. Our privacy policy is available on our website at www.aperionstudios.com/privacy-policy or upon request to tejas@aperionstudios.com

Let’s Play Videos and Fan Made Content

You may create fan content (including Let’s Play videos) incorporating videos of actual game play, and may publish and monetize your fan content. All such fan content must be respectful to our industry, company and the Software. We reserve the right to revoke this permission at any time and for any reason by notice to you. Upon such notice, you must immediately remove the fan content from distribution.

Indemnity and Limitation of Liability

We only accept liability to you as set out in this clause, or as required by consumer or other laws that cannot be excluded by contract. All other implied conditions or warranties are excluded. To the fullest extent allowable at law, any condition or warranty which would otherwise be implied in this EULA is excluded. We make no warranty as to fitness for any purpose, performance or compatibility.

To the extent allowable at law our total liability is limited to (at our election), repairing (updating) or replacing the software, resupplying the services, or refunding the price you paid for the software and services.

You agree to release, indemnify, defend and hold harmless us, and our officers, employees, agents and contractors from any and all liability or for claims associated with or arising from the misuse of the software by you or by anyone to whom you allow to access the software.

To the extent allowable at law, you agree to release and hold us harmless from any claim, allegation or demand for any loss, cost (including legal fees), expense, or damage arising in relation to:

(a) your breach of this EULA;

(b) any indirect, special or consequential loss;

(c) any act, default, omission, or representation made by any person other than us, our agents or employees; or

(d) any cause independent of human control that occurred after the software or services were supplied.

Severability

If any of these terms are held to be invalid or unenforceable by a court of law, that part will be excluded, and the remaining valid terms will remain in full force. This EULA does not affect your rights in relation to any third party from whom you acquired the Software.

Entire Agreement

This EULA, and those documents expressly incorporated by reference, contain the entire agreement between the parties and supersedes all previous negotiations or agreements relating to your right to use the Software.

Updates to this EULA

We may update this EULA from time to time by notice on our website, or by including the updated EULA in a Software update. Such variation will be effective upon posting those notifications and changes on our website, or your installing the Software update, without further notice to you.

Waiver

Any delay or failure to exercise or enforce our rights under this EULA will not be construed as a waiver of those rights, nor preclude any future exercise of those rights

Legal Fees

In the event that we obtain the legal assistance to enforce this EULA for your apparent breach of these terms, all legal fees (on a solicitor own client basis) incurred in enforcing this EULA may be recovered from you.

Dispute Resolution

You agree that in case of a dispute or claim, you will first attempt to informally negotiate a settlement or resolution of the dispute by contacting Aperion Studios, S.L. and informing us in a comprehensive way of the grounds of your dispute before resorting to any legal action.

Jurisdiction

This EULA will be governed by the legislation of the Kingdom of Spain, and the parties submit exclusively to the courts of that jurisdiction.

This EULA establishes certain legal rights, but you may have other legal rights under the laws of your state or country. This EULA will only change your rights under the laws of your state or country to the extent permitted by those laws.

Representatives, Successors and Assigns

We may assign or novate our rights and obligations under this EULA at any time by notice on our website. Upon such assignment or novation, our obligations and benefits under this EULA are binding on and shall benefit our respective representatives, successors and assigns.

Please direct any questions, comments or concerns about this EULA to tejas@aperionstudios.com