Eula Closed Alpha Tests

Darek Skrzypkowski

End-User License Agreement (“Agreement”)

Last updated: 08.12.2020

Please read this End-User License Agreement (hereinafter referred to as hereinafter referred to as “Agreement“) carefully before clicking the “I Agree” button, downloading or using Underground Garage Closed Alpha Test (“Game“).

By clicking the “I Agree” button, downloading or using the Game, You are agreeing to be bound by the terms and conditions of this Agreement.

This Agreement is a legal agreement between You (either an individual or a single entity) and BeardedBrothers.Games sp. z o.o. (limited liability company) with its registered office in Warsaw (Republic of Poland) entered in Registrar of Entrepreneurs of the National Court of Register under number KRS 0000769489 (hereinafter referred to as “BeardedBrothers.Games”) and it governs Your use of the Game made available to You by BeardedBrothers.Games.

If You do not agree to the terms of this Agreement, do not click on the “I Agree” button and do not download or use the Game.

The Game is licensed, not sold, to You by BeardedBrothers.Games for use strictly in accordance with the terms of this Agreement.

License

BeardedBrothers.Games grants You a revocable, non-exclusive, non-transferable, limited license to download, install and use the Game solely for Your personal, non-commercial purposes strictly in accordance with the terms of this Agreement.

Restrictions

You agree not to, and You will not permit others to:

  1. license, sell, rent, lease, assign, distribute, transmit or “stream”, host, outsource, disclose or otherwise commercially or personally exploit the Game or any element of the Games also make the Game available to any third party.
  2. copy or use the Game for any purpose other than as permitted under the above section ‘License’.
  3. modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part or element of the Game.
  4. remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of BeardedBrothers.Games or its affiliates, partners, suppliers or the licensors of the Game.

Intellectual Property

The Game, including without limitation all copyrights, patents, trademarks, trade secrets and other intellectual property rights are, and shall remain, the sole and exclusive property of BeardedBrothers.Games.

Your Suggestions

Any feedback, comments, ideas, improvements or suggestions (collectively hereinafter referred to as “Suggestions”) provided by You to BeardedBrothers.Games with respect to the Game shall remain the sole and exclusive property of BeardedBrothers.Games.

BeardedBrothers.Games shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to You.

Modifications to Game

BeardedBrothers.Games reserves the right to modify, suspend or discontinue, temporarily or permanently, the Game or any service to which it connects, with or without notice and without liability to You.

Updates to Game

  1. BeardedBrothers.Games may from time to time provide enhancements or improvements to the features/functionality of the Game, which may include patches, bug fixes, updates, upgrades and other modifications (hereinafter referred to as “Updates“).
  2. Updates may modify or delete certain features and/or functionalities of the Game. You agree that BeardedBrothers.Games has no obligation to (a) provide any Updates, or (b) continue to provide or enable any particular features and/or functionalities of the Game to You.
  3. You further agree that all Updates will be (a) deemed to constitute an integral part of the Game, and (b) subject to the terms and conditions of this Agreement.

Third-Party Services and Analytics

  1. The Game may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services (“Third-Party Services”).
  2. You acknowledge and agree that BeardedBrothers.Games shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. BeardedBrothers.Games does not assume and shall not have any liability or responsibility to You or any other person or entity for any Third-Party Services.
  3. Third-Party Services and links thereto are provided solely as a convenience to You and You access and use them entirely at Your own risk and subject to such third parties’ terms and conditions.
  4. BeardedBrothers.Games are authorized to collect and process any data created in consequence of using the Game. This data can be utilized by using professional analytic tools such as Flow Analyze Machine or similar tools e.g. Google Analytics.

Term and Termination

  1. This Agreement shall remain in effect until terminated by You or BeardedBrothers.Games.
  2. BeardedBrothers.Games may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.
  3. This Agreement will terminate immediately, without prior notice from BeardedBrothers.Games, in the event that You fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Game and all copies thereof from Your mobile device or from Your computer.
  4. Upon termination of this Agreement, You shall cease all use of the Game and delete all copies of the Game from Your mobile device or from Your computer.
  5. Termination of this Agreement will not limit any of BeardedBrothers.Games’s rights or remedies at law or in equity in case of breach by You (during the term of this Agreement) of any of Your obligations under the present Agreement.

Indemnification

You agree to indemnify and hold BeardedBrothers.Games and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of Your: (a) use of the Game; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.

No Warranties

The Game is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, BeardedBrothers.Games, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Game, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, BeardedBrothers.Games provides no warranty or undertaking, and makes no representation of any kind that the Game will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither BeardedBrothers.Games nor any BeardedBrothers.Games’s provider makes any representation or warranty of any kind, express or implied: (a) as to the operation or availability of the Game, or the information, content, and materials or products included thereon; (b) that the Game will be uninterrupted or error-free; (c) as to the accuracy, reliability, or currency of any information or content provided through the Game; or (d) that the Game, its servers, the content, or e-mails sent from or on behalf of BeardedBrothers.Games are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of BeardedBrothers.Games and any of its suppliers under any provision of this Agreement and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You for the Game.

To the maximum extent permitted by applicable law, in no event shall BeardedBrothers.Games or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the Game, third-party software and/or third-party hardware used with the Game, or otherwise in connection with any provision of this Agreement), even if BeardedBrothers.Games or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to You.

Severability

If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute waiver of any subsequent breach.

Amendments to this Agreement

BeardedBrothers.Games reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 15 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Game after any revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, You are no longer authorized to use the Game.

Governing Law

The laws of Republic of Poland, excluding its conflicts of law rules, shall govern this Agreement and Your use of the Game. Your use of the Game may also be subject to other local, state, national, or international laws.

Contact Information

If You have any questions about this Agreement, You shall contact BeardedBrothers.Games on this email address:

marcelina@beardedbrothers.games

Entire Agreement

  1. The Agreement constitutes the entire agreement between You and BeardedBrothers.Games regarding Your use of the Game and supersedes all prior and contemporaneous written or oral agreements between You and BeardedBrothers.Games.
  2. You may be subject to additional terms and conditions that apply when You use or purchase other BeardedBrothers.Games’s services, which BeardedBrothers.Games will provide to You at the time of such use or purchase.
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