End User License Agreement

Last updated on September 1, 2016

Parties of the agreement/the subject matter of the agreement

This End User License Agreement (hereinafter referred to as “EULA”) is a non-exclusive, legally binding end user license agreement between any individual or a single entity (“END-USER”) that acquires an Package from the Voxel Art Store and either (i) Ruben Garcia Canto (15417877B), C/Oscar Espla, 2, 2ºB, Albatera, Alicante, Spain (“Company” or “Licensor”), or as the case may be (ii) any third party (“Vendor”) that distributes its Packages from the Voxel Art Store. Consequently, this EULA shall apply regardless of whether a purchased Package is produced by the Company or by a Vendor(“Licensor”). This EULA is therefore a non-exclusive, legally binding end user license agreement as the case may be between either (i) The Company and END-USER (in which case the term “Licensor” shall refer to the Company), or (ii) Vendor and End User (in which case the term “Licensor” shall refer to Vendor).

By installing, copying, accessing, downloading or otherwise using the Packages, End User agrees to be bound the provisions of this EULA. All definitions of the Terms shall also apply in this EULA unless the context clearly provides for a different understanding.

The subject matter of this EULA is the licensing to END-USER of any Package acquired by End User from the Voxel Art Store. The Packages are licensed, not sold.

END USER hereby acknowledges that in the event it acquires an PACKAGE which in the Voxel Art Store is marked as an Package which is distributed by Vendor (as opposed to the Company), then Vendor shall be considered as Licensor of such Package and, consequently, only Vendor (as opposed to the Company) shall be responsible for any liability whatsoever under, any EULA or any breach by Vendor, including (without limitation) liability for infringement of any intellectual property rights, irrespective of the fact that payment takes place to the Company.

End user’s rights and obligations

END-USER may use the licensed Packages only for their intended purpose.

Licensor grants to the END-USER a non-exclusive, worldwide, and perpetual license to the Package to integrate Packages only as incorporated and embedded components of electronic games and interactive media and distribute such electronic game and interactive media. Except for game services software development kits (“Services SDKs”), END-USERS may modify Packages. END-USER may otherwise not reproduce, distribute, sublicense, rent, lease or lend the Packages. It is emphasized that the END-USERS shall not be entitled to distribute or transfer in any way (including, without, limitation by way of sublicense) the Packages in any other way than as integrated components of electronic games and interactive media. Without limitation of the foregoing it is emphasized that END-USER shall not be entitled to share the costs related to purchasing an Package and then let any third party that has contributed to such purchase use such Package (forum pooling).

¡END-USER is granted a license to install and use Packages on an unlimited number of computers provided that these computers are either all (i) physically located at a single physical location (“Site”) belonging to END-USER, or (ii) laptops belonging to END-USER which have been made available by END-USER to its employees that are employed at the same Site provided all such computers have appropriately licensed the Company software installed. Consequently, any Package may only be used at particular Site or on computers assigned to END-USER’s employees employed at the same Site and may only be moved to another Site subject to prior written approval from Licensor.

Game Services SDKs: If END-USER downloads and integrates Services SDKs, END-USER may be required to accept a Licensor end user agreement and/or additional Licensor terms and conditions to use such services.

END-USER shall pay for the license to the Packages in accordance with the payment process provided in the Voxel Art Store. END USER shall provide customary billing and tax information such as name, billing address, credit card information and VAT number (for EU residents). END USER agrees to pay for all purchases hereby authorizes the collection of such amounts including applicable taxes by charging the credit card provided, either directly by the Company or indirectly, via a third party online payment processor. VAT numbers cannot be added or changed after the purchase is completed. If you are directed to a third party payment processor, you may be subject to terms and conditions governing use of that third party’s service and that third party’s Privacy Policy. Please review such third party’s terms and conditions and privacy policy before using the services. All sales are final and there shall be no refunds except as required by law.

Some components of Packages (whether developed by the Company or third parties) may also be governed by applicable open source software licenses. In the event of a conflict between the applicable EULA and any such open source licenses, the open source software licenses shall prevail with respect to those components.

Licensor’s rights and obligations

Licensor shall render support services to END-USER only in the event a special agreement to this effect has been entered into.

Termination

Without prejudice to any other rights, Licensor may terminate this EULA if END-USER fails to comply with the terms and conditions of this EULA and the Terms.

END-USER may terminate END-USER’s license at any time.

In the event that the Company at its discretion or as a result of a decision made by any competent court or authority makes a refund to END-USER of the fees paid for any Package, then this EULA shall terminate for such Package.

In the event that the Company at its discretion or as a result of a decision made by any competent court or authority makes a refund to END-USER of the fees paid for any Package, then this EULA shall terminate for such Package.

Duplication rights/back up copy

END-USER may not make copies of the Packages, except and only to the extent that such activity is expressly permitted under mandatory statutory applicable law. In addition Licensor acknowledges that copies of the Packages may be made when the Packages have been integrated as parts of electronic games and interactive media, cf. Section 2.3 above.

After installation of one copy of the Package pursuant to this EULA, END USER may keep the original copy of the Package solely for back up or archival purposes.

Reverse engineering, decompilation and disassembly

Except for Services SDKs, END USER may modify Packages. END USER shall not reverse engineer, decompile, or disassemble Services SDKs, except and only to the extent that such activity is expressly permitted under mandatory statutory applicable law.

Trademarks

This EULA does not grant END-USER any rights in connection with any trademarks or service marks of Licensor, Vendor or Licensor’s other suppliers.

Upgrades and support

Licensor may at its own discretion from time to time provide upgrades of the Packages to END USER without requesting further payment. Irrespective hereof END-USER is only entitled to licenses to upgrades if END-USER has entered into an Upgrade Agreement with Licensor. END-USER may use the upgraded Packages only in accordance with the terms of this EULA.

END-USER is only entitled to support if END-USER has entered into a Support Agreement with Licensor.

Copyright

The Packages are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.

All title and intellectual property rights in and to the Packages (including but not limited to any software, images, photographs, animations, graphics, 3D graphics, video, audio, music, text, tutorials, and “applets” incorporated into the Packages), the accompanying printed materials, and any copies of the Packages are owned by Licensor. All rights not expressly granted are reserved by Licensor.

Disclaimer of warranties

END-USER UNDERSTANDS AND ACCEPTS THAT PRIOR TO PLACING ANY PACKAGE ON THE VOXEL ART STORE, THE COMPANY DOES NOT UNDERTAKE ANY LEGAL OBLIGATION TO MONITOR, PRE-SCREEN, REVIEW, FLAG, FILTER, MODIFY, REFUSE OR REMOVE ANY PACKAGE OR THEIR CONTENT FROM THE VOXEL ART STORE. CONSEQUENTLY, END-USER EXPRESSLY UNDERSTANDS AND AGREES THAT ITS USE OF THE PACKAGES IS AT END-USER’S SOLE RISK AND THAT THE PACKAGES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. IN PARTICULAR, LICENSOR, ITS SUBSIDIARIES, HOLDING COMPANIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO END-USER THAT:

(A) END-USER’S USE OF THE PACKAGES WILL MEET END-USER’S REQUIREMENTS,

(B) END-USER’S USE OF THE PACKAGES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,

(C) ANY INFORMATION OBTAINED BY END-USER AS A RESULT OF END-USER’S USE OF THE PACKAGES WILL BE ACCURATE OR RELIABLE, AND

(D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO END-USER AS PART OF THE PACKAGES WILL BE CORRECTED.

END-USER’S USE OF ANY PACKAGES IS AT END-USER’S OWN DISCRETION AND RISK AND END-USER IS SOLELY RESPONSIBLE FOR ANY DAMAGE TO END-USER’S COMPUTER SYSTEM, OR OTHER DEVICE, OR LOSS OF DATA THAT RESULTS FROM SUCH USE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES TERMS OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES TERMS AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WITH RESPECT TO ANY PACKAGES.

NONE OF THE PACKAGES ARE INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, LIFE SUPPORT SYSTEMS, EMERGENCY COMMUNICATIONS, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, OR ANY OTHER SUCH ACTIVITIES IN WHICH CASE THE FAILURE OF THE PACKAGES COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.

Limitation of liability

LICENSOR AND ITS SUBSIDIARIES, HOLDING COMPANIES AND OTHER AFFILIATES TOTAL LIABILITY TO END-USER FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY UNDER THESE TERMS WILL BE LIMITED TO THE AMOUNTS PAID TO END-USER BY END-USER IN THE PAST SIX MONTHS FOR THE PACKAGES RELATING TO THE DISPUTE. IN NO EVENT WILL LICENSOR OR ITS SUBSIDIARIES, HOLDING COMPANIES AND OTHER AFFILIATES SHALL BE LIABLE TO END-USER FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, BUSINESS, PROFITS OR ABILITY TO EXECUTE) OR FOR THE COST OF PROCURING SUBSTITUTE PRODUCTS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE VOXEL ART STORE OR ANY PACKAGES DOWNLOADED OR OTHERWISE OBTAINED FROM THE VOXEL ART STORE, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THE FOREGOING LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

END-USER EXPRESSLY UNDERSTAND AND AGREE THAT LICENSOR, ITS SUBSIDIARIES, HOLDING COMPANIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO END-USER FOR ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY END-USER, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:

(I) ANY RELIANCE PLACED BY END-USER ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN END-USER AND LICENSOR OR ANY, DEVELOPER, ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS IN THE PACKAGES OR ON THE VOXEL ART STORE;

(II) ANY CHANGES WHICH LICENSOR MAY MAKE TO THE PACKAGES OR ON THE VOXEL ART STORE, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE VOXEL ART STORE OR THE PACKAGES (OR ANY FEATURES WITHIN THE PACKAGES);

(III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH END-USER’S USE OF THE PACKAGES;

(IV) END-USER’S FAILURE TO PROVIDE THE COMPANY WITH ACCURATE ACCOUNT INFORMATION;

NOTHING IN THE TERMS EXCLUDES THE LIABILITY FOR LICENSOR, ITS SUBSIDIARIES OR AFFILIATES FOR: (I) DEATH AND PERSONAL INJURY CAUSED BY NEGLIGENCE; (II) FRAUDULENT MISREPRESENTATION; OR (III) ANY OTHER LIABILITY WHICH CANNOT BE LIMITED BY APPLICABLE LAW.

Export restrictions

Packages available on the Voxel Art Store may be subject to laws, administrative regulations and executive orders of those authorities responsible according to any applicable laws relating to the control of imports and exports of the Packages (“Export Laws”). You agree to comply with all applicable Export Laws and you shall not export or re-export directly or indirectly (including via remote access) any part of the Packages to any country to which a license is required under the Export Laws without first obtaining a license.

End user license agreement Updates

We reserve the right to modify this terms at any time. We recommend you review this page frequently. If we make material changes to this terms, we may notify you on our website, by a blog post, by email, or by any method we determine. The method we chose is at our sole discretion. We will also change the last updated date at the beginning of this page. Any changes we make to our end user license agreement are effective as of this last updated date and replace any prior end user license agreements.

Contact Us

If you have any questions about our end user license agreement, please visit this page where you can find all the necessary information to contact us.