ATUMRA  – END USER LICENSE AGREEMENT

Version 1.1 25^th November 2022

This document is the End User Licensing Agreement (“EULA”) for the Open Mind Studios Limited game Atumra (the “Game”).

PLEASE READ IT CAREFLLY

By using and participating in the game you agree that this EULA is enforceable like any contract agreed and signed by you.  If you do not agree to all the terms of this EULA, do not install, or use the game.

Location of Agreements.

This EULA, which can be found on https://www.atumra-game.com/EULA/ and along with the terms of use (“Terms of Use”) if any, which can be found on https://www.atumra-game.com/TOU/ and the privacy policy which can be found on https://www.atumra-game.com/PP)/ (“Privacy Policy”) constitute the legal documentation for use of the game and your data in respect the game.

Revisions and Updates.

OMS reserves the right, at any time and in its sole and absolute discretion, to revise, update, change, modify, add to, supplement, or delete certain terms of this EULA and will inform you about such revisions by email and/or by a notice on https://www.atumra-game.com/EULA/ and/or via a game update.  In any case you are responsible for checking this EULA periodically for changes.

If any future changes to this EULA are unacceptable to you or cause you to no longer be in agreement or compliance with this EULA, you may terminate this EULA in accordance with the provisions herein.

Copyright and Trademark.

This software programme and any files enabling you to play or perform updates either online or offline including packaging, manuals, etc. (hereinafter called “Materials”) and all works derived from this software programme and these materials, as a whole, the Game, are both protected by copyright and trademark law.

Your License.

OMS hereby grants to you a limited, personal, nonexclusive, non-transferable, non-assignable and fully revocable license to use the Game and any Content therefrom for your individual, non-commercial, entertainment purposes only. This license is subject to the following:

1. You are current with your payment of all applicable fees for the use of the Game.
2. You comply with the Terms of Use (if any), this EULA and the Privacy Policy and you are not otherwise in breach of any OMS Terms.

This grant of license shall be automatically revoked as soon as any of the foregoing conditions are no longer met by you.

If you duplicate, distribute or publicly reproduces the Game without permission or as covered with the terms of the EULA in any way, or assist another person in doing so, you are liable to prosecution.

In the event of violation of the agreements made here, in order to protect its intellectual property, OMS expressly reserves the right to take all legal measures that it is legally entitled to for the protection of its intellectual property.

Game Updates and Utilities.

The Game may require or allow you to download software, software updates or patches, or other utilities and tools from OMS or its distributors. In such cases, OMS grants to you a non-exclusive, limited license to use OMS Software solely for the purpose stated by OMS at the time the OMS Software is made available to you. If a EULA is provided with the OMS Software, your use of the OMS Software is subject to the terms of that license agreement in addition to this agreement and the Terms of Use, if any.

From time to time, OMS may provide you with updates or modifications to the Game. You understand that certain updates and modifications may be required in order to continue the use of the Game. You agree that OMS may stop to support previous versions of the Game upon availability of an updated version.

If OMS find it necessary to make updates or reset certain parameters to balance Game play and usage of the game. These updates or “resets” may cause you setbacks within the Game and may affect characters, games, groups or other entitlements under your control. OMS reserves the right to make these updates and is not liable to you for these changes.

Third Party Game Updates.

Third parties may make add-ons and modifications to the core game, for example new levels and puzzles. You download and install these updates at your own risk and OMS does not warranty these add-ons and modifications in anyway regardless as to whether they are downloaded from OMS community servers or from other sources.

Consent to Monitor.

OMS may communicate with you via telephone, email and any similar technology for any purpose relating to the Game. You expressly permit OMS to upload game play and usage information and hardware details such as CPU, operating system, video card, sound card and memory information from your machine to analyse and optimize your Game experience, improve, and maintain the Game and/or provide you with customer service.

Rights of Use.

Each use of the Game shall be subject to the terms of this EULA. The Game shall be distributed and rented exclusively by authorised traders and shall be used solely for private purposes. Any use, reproduction or redistribution of the game not expressly authorized by the terms of the EULA is expressly prohibited.

You may not: –

1. Exploit the Game or any of its parts thereof, for any commercial purpose including passing on, licensing, leasing, altering, translating, adapting or publishing, whether with or without cost without prior written permission from OMS.
2. Exploit errors in design, features which are not documented, and/or bugs to complete aspects of the game that would otherwise not be available or to obtain any competitive advantage.
3. Reverse engineer, decompile or disassemble all or any portion of the Game.

You may

1. Create backup copies only as allowed within the scope of legal regulations.
2. Install the Game on multiple machines provided these are all for your personal use and the Game is only used on one machine at a time.
3. Download and update game content from OMS and third parties provided these updates are signed by OMS as compatible with the core Game software.

Digital Rights Management.

The game may be protected by digital rights management software (“DRM software”). In such case, you hereby agree, acknowledge and consent to the following regarding the DRM software:

1. The installation of the game will cause the DRM Software to be installed on your device;
2. The DRM Software may limit the number of installations of the game;
3. The DRM software may install on your device additional components required for copy protection; and
4. During the installation and/or the first launch of the game, an online connection may be required to unlock the game through the DRM software.

In no event shall OMS be liable in connection with the components that may be installed on your device by any DRM Software. For further information, please visit the website of the DRM software appearing during the installation of the game. Restrictions of age may be imposed to access online services and features in compliance with local laws.

Warranty.

To the maximum extent permitted by applicable law, you expressly agree that the use of the game software, content, and the internet is at your sole risk.

The game, and third-party modifications a are provided on an “as is” and “as available” basis for your use, without warranties of any kind, either express or implied, unless such warranties may not be excluded by law.

Because of its complex nature, software can never be expected to be completely error-free. Therefore, OMS cannot guarantee that the contents of this product will meet your expectations, and that the software will run glitch-free under any possible conditions. Moreover, OMS assumes no warranty for specific functions and results of this software in excess of the current minimum standard of software technology at the time this program was created. The same applies to the accuracy and/or completeness of the accompanying documentation.

OMS provides the Game on a commercially reasonable basis and does not warrant merchantability or fitness for a particular purpose or that the Game will be error-free, or that defects will be corrected, or that the Game is free of viruses or other harmful components.

Use of OMS websites, including, without limitation, all communication features of the websites, is at your sole risk to the maximum extent permitted by applicable law, you acknowledge and agree that your sole and exclusive remedy for any dispute with OMS or its licensors is to stop using the Game.

You acknowledge and agree that OMS, its licensors and affiliates are not liable for any act or failure to act by them or any other person regarding conduct, communication or content of the Game or any OMS services. In no case shall OMS or its licensors, affiliates’, employees’, officers’, or directors’ (collectively, “OMS Affiliates“) liability to you exceed the amount that you paid to OMS for OMS products and services.

In no case shall OMS or OMS Affiliates be liable for direct, general, incidental, special or consequential damages, including loss of profit or revenues, arising from your use of OMS services, OMS  software, content, the internet or for any other claim related in any way to your use of OMS services or Products. Because some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions, OMS and OMS Affiliates’ liability shall be limited to the fullest extent permitted by law.

Termination.

This EULA is effective from the earlier of the date you purchase, download or use the Game, until terminated according to its terms.

You may terminate this EULA at any time. OMS can terminate this EULA with immediate effect if you commit a violation of this EULA or the Terms of Use.

When this EULA is terminated you must promptly destroy the Game without substitution and remove the Game client from all your machines. With termination of this agreement for whatever reason, all licences granted herein are considered to be immediately terminated, without substitution or compensation.

Indemnities.

Upon OMS’s request, you agree to defend, indemnify and hold harmless OMS and its Affiliates, licensors, employees, contractors, officers, directors, vendors, and content providers from all liabilities, claims and expenses, including attorneys’ fees that arise from a breach of this EULA, or any other OMS Terms, for which you are responsible. Without limiting the generality of the foregoing, you agree to indemnify and hold OMS harmless for any improper or illegal use of the Game.

You are solely responsible for any damage caused to OMS, its licensors, providers and contractors, other users of the Game or any other individual or legal entity as a result of your violation of this EULA.

OMS reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification to OMS in that matter.

Dispute Resolution.

To expedite resolution and control the cost of any dispute, controversy or claim related to this EULA or any other OMS Terms (“Dispute”), you and OMS agree to first attempt to negotiate any Dispute informally for at least 30 days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other. OMS will send its notice to your billing address (if provided) and email you a copy to the email address you have provided to us. You agree to send your notice to OMS. via email to legal@openmindstudios.games

If you and OMS are unable to resolve a Dispute through informal negotiations, either you or OMS may elect to have the Dispute finally and exclusively resolved by the courts of the England.

General Terms.

This licensing agreement establishes and encompasses all legal agreements between the parties in relation to the subject matter of their agreement and replaces all former verbal or written agreements, whereby it is assumed that this agreement exists parallel to the Terms of Use and does not replace them. If there is any conflict between this EULA, the Privacy Policy, and any other OMS Terms, OMS shall resolve the conflict in its sole discretion.

You agree that this EULA is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this EULA. You also understand and agree that the Terms of Use, the Privacy Policy, this EULA and any other OMS Terms, including OMS‘s enforcement thereof, are not intended to confer, and do not confer, any rights or remedies upon any person.

OMS may assign this EULA, in whole or in part, to any person or entity at any time with or without your consent. You may not assign this EULA without OMS’s prior written consent, and any unauthorized assignment by you shall be null and void.

If a provision of this agreement is or becomes wholly or partially invalid, the validity of the remaining provisions will remain unaffected. Invalid provisions shall be replaced with new provisions having as close as possible the original meaning.

The failure of OMS (or its licensors) to exercise or enforce any right or provision of this EULA or any OMS Terms shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by OMS(or its licensors) of any provision, condition or requirement of this EULA or any OMS Terms shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

You hereby acknowledge and agree that OMS would suffer irreparable harm if this EULA or any of the OMS Terms were not specifically enforced. Consequently, in addition to such monetary and other relief as may be recoverable at law, you agree that OMS shall be entitled to specific performance or other injunctive relief, without bond, other security, or proof of damages, as remedy for any breach or threatened breach of this EULA or any other OMS Terms.

Force Majeure.

OMS shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of OMS, including, without limitation, any failure to perform hereunder due to unforeseen circumstances or cause beyond OMS’s control such as acts of god, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labour or materials.

Governing Law.

The laws of England govern this EULA and any other OMS Terms; and

You expressly agree that exclusive jurisdiction for any claim or dispute with OMS or relating in any way to this EULA, any other OMS Terms, or your use of any OMS websites resides in the Courts of England, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of England in connection with any such dispute including any claim involving OMS or its affiliates, employees, contractors, officers, directors, vendors and content providers. As noted in this EULA, your conduct may also be subject to other local, state, national, and international laws.

The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

Those who choose to access the Game or OMS websites from locations outside of England do so on their own initiative and are responsible for compliance with local laws if and to the extent local laws are applicable. Should a court of competent jurisdiction determine that other laws apply, this EULA shall be enforced to the fullest extent permitted by the laws of the applicable jurisdiction and be interpreted to give maximum effect to the terms and conditions hereof.

I HEREBY CONFIRM THAT I HAVE READ AND UNDERSTOOD THE ABOVE EULA BY INSTALLING THE GAME, I CONFIRM MY ACCEPTANCE OF THE TERMS CONTAINED HEREIN WITHOUT RESERVE.