Terms and Conditions

The following end user license terms and conditions (“EULA”) apply to all use, download and installation of the each version and iteration of Secrets of Rætikon (“the Game”) whilst in development, from “alpha” through to “final”, as made available by BROKEN RULES in addition to the Website Terms.

YOU SHOULD READ THE FOLLOWING EULA CAREFULLY, BEFORE USING, DOWNLOADING OR INSTALLING THE GAME. ALL USE OF GAME IS GOVERNED BY AND CONDITIONAL ON YOUR ACCEPTANCE OF AND COMPLIANCE WITH THIS EULA AND THE TERMS AND CONDITIONS OF THE WEBSITE. ANY USE, REPRODUCTION OR REDISTRIBUTION OF THE GAME NOT IN ACCORDANCE WITH THE TERMS OF THIS EULA IS EXPRESSLY PROHIBITED. IF YOU DO NOT ACCEPT THE TERMS OF THE GAME EULA, YOU MAY NOT USE, DOWNLOAD OR INSTALL THE GAME.

YOU SPECIFICALLY AGREE, ACKNOWLEDGE AND ACCEPT THAT:

THE GAME IS MADE AVAILABLE “AS IS” AS WORK IN PROGRESS AND AS PART OF AN EARLY ACCESS PROGRAMME FOR EVALUATION AND DEMONSTRATION PURPOSES ONLY, IN ORDER TO ASSESS AND EVALUATE ITS PERFORMANCE INCLUDING THE IDENTIFICATION OF ANY ERRORS OR DEFECTS;
THE GAME MAY (AND LIKELY WILL) CONTAIN DEFECTS AND/OR ERRORS;
THE GAME MAY AND PROBABLY WILL CRASH AND / OR CAUSE DATA LOSS;
YOU USE, DOWNLOAD AND INSTALL THE GAME AT YOUR OWN RISK, KNOWING THAT IT IS PROVIDED AS IS AND WITH FAULTS.

YOU ARE ADVISED TO BACK-UP AND OTHERWISE SAFEGUARD ALL DATA AND SOFTWARE ON YOUR COMPUTER AND TO NOT RELY ON THE CORRECT FUNCTIONING OR PERFORMANCE OF THE GAME

1. Limited Use License.

On and subject to the terms of the EULA, BROKEN RULES hereby grants and by using, downloading or installing the Game you accept a limited, non-exclusive, non-transferable, personal right and license to download, install and use the Game for your personal, non-commercial use on any number of computers and, in the case of the version of the Game, identified as the Alpha for evaluation purposes only.

2. Restrictions.

You are not entitled to and must not:

sell, distribute or otherwise transfer copies or reproductions of the Game to other parties in any way;
remove, disable or circumvent any proprietary notices, labels or copy protection software contained on or within the Game;
exploit the Game or any of its parts for any commercial purpose including, but not limited to, the use the Game for any illegal or immoral purposes;
export or re-export the Game or any copy or adaptation in violation of any applicable laws or regulations;
create data or executable programs which mimic data or functionality in the Game except in the case of Permitted Modding;
otherwise use, copy, transfer, distribute, rent, lease, loan, sub-license or deal in the Game or any part or interest in it except as expressly provided by the EULA or in any manner which is inconsistent with the EULA ;
EXCEPT IN THE EVENT AND TO THE EXTENT THAT YOU ARE EXPRESSLY AUTHORISED TO DO SO UNDER THE TERMS APPLICABLE TO YOU in whole or in part reproduce, translate, reverse engineer, derive source code from, modify, adapt, merge, translate, disassemble, decompile, or create derivative works based on or of the Game, except where applicable law provides otherwise in which case the product and all end results of such acts shall belong to, vest in and be the exclusive property of BROKEN RULES on creation.
BROKEN RULES allows you to make modifications to the Game software for the purpose of making mods, levels and tools for the Game (“Modifications”) provided you don’t sell them for money or try to make money from them (“Permitted Modding”). If you want to make your Mods available to the Game community please let BROKEN RULES know. Any Modifications you create from scratch belong to you. Mods that use BROKEN RULES code or assets will belong to BROKEN RULES. Levels that use templates provided in the level editor by BROKEN RULES belong to you.

3. Ownership.

The Game is licensed, not sold. Your licence confers no title or ownership in the Game. All right, title, interest and ownership rights in the Game and any copyright, design right, database right, patents and any rights to inventions, know-how, trade and business names, trade secrets and trade marks (whether registered or unregistered) and any applications therefor and other intellectual property rights (“Intellectual Property Rights”), in or connected with the Game and each part thereof (including by way of example only any titles, code, themes, objects, characters, stories, catchphrases, concepts, artworks, animations, sounds, music, audio-visual effects and methods of operation) are owned by, belong to and vest in BROKEN RULES or its licensors. The Game is protected by copyright law, international copyright treaties and conventions and other laws. All rights are asserted and reserved. The Game may contain certain licensed materials and BROKEN RULES licensors may act to protect their rights in the event of any breach of the Secrets of Rætikon EULA. All trade marks are the property of their respective owners.

4. Termination.

The EULA and any licence granted by it is effective until terminated. You may terminate the EULA at any time by deleting and removing the Game from your personal computer and destroying your copy of the Game in your possession. The EULA and any licence granted by it will terminate automatically if you fail to abide by any of the terms and conditions. BROKEN RULES may additionally, at its discretion, give you notice of termination of the EULA and any licence granted by it in the event that it becomes aware that you are failing to comply with the terms and conditions of it. In that event, you must immediately destroy and erase the Game and all and any copies in your possession or control and stored on any media whatsoever and on BROKEN RULES’s request certify that you have done so.

5. Limited Warranty and Liability

The Game is supplied “as is” and BROKEN RULES gives no representation or warranty concerning it.

You expressly accept and acknowledge that the Game is not a finished product and will likely contain defects in material and workmanship and that downloading, using and installing the Game may damage your computer and any data or software stored or held on it. Your installation and use of the Game is entirely at your own risk and BROKEN RULES is not liable for any destruction of data or damage to your computer.

You should back-up to another secure location, on a regular basis, any data files concerning your use of the Game as BROKEN RULES has no liability for lost or corrupted data.

EXCEPT AS SPECIFICALLY PROVIDED IN THE EULA AND TO THE MAXIMUM EXTENT PERMITTED BY LAW:

BROKEN RULES EXCLUDES ANY AND ALL LIABILITY FOR ALL REPRESENTATIONS (EXCEPT THOSE MADE FRAUDULENTLY), WARRANTIES, CONDITIONS AND OTHER TERMS WHICH BUT FOR THIS NOTICE WOULD HAVE EFFECT;
THE GAME IS PROVIDED "AS IS" WITHOUT WARRANTY OR GUARANTEE OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT;
BROKEN RULES DOES NOT WARRANT THAT THE OPERATION OF THE GAME WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ERRORS CAN BE CORRECTED;
YOU INSTALL AND USE THE GAME AT YOUR OWN RISK ;
BROKEN RULES AND ITS LICENSORS WILL NOT IN ANY EVENT BE LIABLE IN ANY WAY FOR ANY CONSEQUENTIAL LOSS OR DAMAGE RESULTING FROM THE USE OF OR INABILITY TO USE THE GAME, ERRORS OR DEFICIENCIES IN IT, DAMAGE TO PROPERTY, LOST DATA, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION, LOSS OF BUSINESS, LOSS OF INFORMATION OR LOST PROFIT, WHETHER CAUSED BY NEGLIGENCE OR OTHERWISE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS;
BROKEN RULES AND ITS LICENSORS WILL NOT IN ANY EVENT BE LIABLE IN ANY WAY FOR ANY COMMERCIAL DAMAGE OR LOSS;
BROKEN RULES AND ITS LICENSORS WILL NOT BE HELD LIABLE FOR ANY DAMAGE, INJURY OR LOSS IF CAUSED AS A RESULT OF YOUR NEGLIGENCE, ACCIDENT OR MISUSE, OR IF THE GAME HAS BEEN MODIFIED IN ANY MANNER (NOT BY BROKEN RULES OR ITS LICENSORS) AFTER IT HAS BEEN BOUGHT. THE LIABILITY OF BROKEN RULES AND ITS LICENSORS SHALL NOT EXCEED THE ACTUAL PRICE PAID FOR THE GAME.

THE EULA SHALL NOT LIMIT ANY RIGHTS YOU MIGHT HAVE AS A CONSUMER THAT MAY NOT BE EXCLUDED UNDER APPLICABLE LAW NOR SHALL IT EXCLUDE OR LIMIT ANY LIABILITY FOR FRAUD OR DEATH OR PERSONAL INJURY ARISING CAUSED BY BROKEN RULES’S NEGLIGENCE.

6. Indemnity.

You must adhere the terms of this EULA and not do anything that infringes the rights of anyone else or do anything in breach of EULA which may give a person a claim against BROKEN RULES. If you breach the EULA, and BROKEN RULES get challenged, threatened or sued by someone because of it, BROKEN RULES may hold you responsible and that means you may have to pay BROKEN RULES back for any damage we suffer as a result. Therefore it’s important that you comply with the EULA.

You further agree that BROKEN RULES would be irreparably damaged if the terms of the EULA were not specifically enforced, and therefore you agree that BROKEN RULES shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of the EULA , in addition to such other remedies as BROKEN RULES may otherwise have available to it under applicable laws.

BROKEN RULES's licensors shall be third-party beneficiaries under the Website EULA and shall have the express right to enforce its provisions and to enjoy the benefits of its protections.

7. Data Collection and Feedback

The Game includes automatic feedback software which, when installed on your computer, may collect and sends data to and from BROKEN RULES concerning your use of the Game including, without limitation:

your computer’s specification and IP address;
any bugs, errors or defects in the operation of the Game which are detected;
feedback on your use of the Game; and
the performance of the Game on your computer.
All data collected will be processed accordance with the policy contained in the terms of the EULA.

If you do not want your computer to send this data to BROKEN RULES please do not use the Game whilst connected to the Internet.

8. Online Service

Use of any applicable online service which may be accessed using the Game shall be subject to the terms and conditions applicable to such online service.

9. General

In the event that any provision of the EULA shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision will be enforced to the maximum extent permissible and the remaining portions of the EULA shall remain in full force and effect.

To the maximum extent permitted by the local law applicable in the country in which you obtain or use it the Game and the EULA are subject to Austrian Law. In the event that Austrian Law cannot apply in the country you obtained or use the Game local law will apply. The Game is intended for use and may only be used in countries where all such use is lawful.

The terms of the EULA is personal to you and you are not permitted to transfer any of your rights under the EULA.

The Game may not be re-exported, downloaded or otherwise exported into (or to a national or resident of) any country to which this country has an embargo in force.