End User License Agreement

Last revised July 3, 2015

This is the End User License Agreement (EULA) for “Tabletop Simulator.” Please read through this document carefully. By copying, installing, downloading, or otherwise using this game software, you agree that you understand, accept, and comply with the terms set forth below. Failure to comply with these terms may result in enforcement actions against you.

This EULA is the binding legal agreement between you, the individual end user (“you”), and Berserk Games LLC (“Berserk Games”, “we”, “us”), a Limited Liability Company, for the download, purchase, and use of the game “Tabletop Simulator” (“Game”). For purposes of this Agreement the “Game” means collectively the interactive video game client “Tabletop Simulator” and all applicable client software (including, among other things, installer software, the game client, launcher software, and download management software) that you will or have installed on your computer, including all printed materials, digital or electronic documentation obtained by you through our website, http://www.berserk-games.com, or by any other distribution channels now known or hereafter devised, regardless of the legal standing of that distributor.

LICENSE

Berserk Games retains all right, title, and interest to the Game, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, titles, computer codes, settings, artwork, sounds effects, musical works, and moral rights. The Game is protected by U.S. copyright and trademark law and applicable laws and treaties throughout the world. We prohibit any copying, reproduction, and circumvention of technology of the Game beyond the terms of this license. The Game is licensed to you, as opposed to being sold or assigned to you, and your continued legal use of the Game is contingent upon your compliance with this EULA.

Upon payment of applicable license fees, we hereby grant you the non-exclusive, non-transferable, revocable, and limited right to license one copy of the Game for your personal, non-commercial use.

Unless given prior written permission from Berserk Games, you may not modify, distribute, transmit, display, perform, reproduce (except for one archival and backup copy as permitted by applicable laws), publish, license, create derivative works from, adapt, translate, sublicense, auction, rent, lease or sell all or any part of the Game. Notwithstanding the foregoing, if you are the proprietor of an Internet cafe or public gaming room, you may operate the Game in a pay-for-play environment, provided that all computers used have their own valid and individually licensed copy of the Game installed, such Game having been purchased digitally through our website or any other distribution mediums existing or hereafter devised. All rights not expressly granted are reserved by Us. You agree that you have no interest, monetary or otherwise, in any feature, content, or intellectual property contained in the Game.

Absent a valid distribution Agreement between you and Berserk Games LLC, you may not make the Game available on any third party network, FTP, internet website, torrent site, file-sharing service, intranet, or “cloud” whereby individuals other than you may download and install the Game. You further agree that you will not link to any such third party network, torrent, FTP, file-sharing service, intranet, or “cloud” that is not legally owned by Berserk Games LLC or its distributors.

You agree that Berserk Games LLC may collect personally identifiable information from you for purposes related to your use of our products and services and that some personally identifiable information provided by you may be stored outside the country in which you reside.

We may make available or have others make available, tools for player modification purposes. These tools are considered Game Assets and are in and of themselves subject to the same licensing restrictions set forth in this Agreement, provided the following: Players may use the modding tools provided by us or authorized by us solely for the purpose of creating modifications to and derivative works of the Game. Unless otherwise provided in this EULA, you may use the modding tools for non-commercial purposes, and solely to develop a modified version of Tabletop Simulator compatible with the lawfully purchased and licensed original Game, or to create derivative works of the Game’s content that are also solely compatible with a legally purchased and licensed version of the original Game (“Derivative Works”). Except as otherwise set forth in this EULA, you may (i) reproduce and distribute the Mods and in object code form solely to licensed end users of the Game, and (ii) reproduce and distribute Derivative Works in object code form, solely to licensed end users of the Game. Any distribution of either Mods or Derivative works is wholly contingent upon the releases being available to players without charge and on a non-commercial basis. You are prohibited from reproducing or distributing the modified version of the Game-you may only distribute the object code of the Mods or Derivative Works. You, not Berserk Games LLC, are legally responsible for any of the copyrighted or trademarked breaches committed by your modification.

We may make available, or authorize others to make available, both official and fan/end-user created localization files of the original game subject to the terms and conditions set forth in this EULA. These additional files are considered Game Assets and are subject to the same license restrictions set forth herein. Lawful purchasers of the original Game who elect to enable localized versions of the Game are bound to the terms of this EULA regardless of whether this EULA itself is localized.

LICENSE CONDITIONS

You agree not to:

Commercially exploit the Game; Distribute, lease, license, sell, rent, convert into convertible currency, or otherwise transfer or assign the Game, or any copies of the Game, without the express prior written consent of Licensor or as expressly set forth in this Agreement;

Make a copy of the Game or any part thereof (other than as set forth herein);

Make a copy of the Game available on a network for use or download by multiple users;

Except as otherwise specifically provided by the Game or this Agreement, use or install the Game (or permit others to do same) on a network, for on-line use, or on more than one computer or gaming unit at the same time;

Use or copy the Game at a computer gaming center or any other location-based site; provided, that Licensor may offer you a separate license agreement to make the Game available for commercial use;

Reverse engineer, decompile, disassemble, display, perform, prepare derivative works based on, or otherwise modify the Game, in whole or in part;

Remove or modify any proprietary notices, marks, or labels contained on or within the Game;

Restrict or inhibit any other user from using and enjoying any online features of the Game;

Cheat or utilize any unauthorized robot, spider, or other program in connection with any online features of the Game;

Violate any terms, policies, licenses, or code of conduct for any online features of the Game; or

The Game may require an internet connection to access internet-based features, authenticate the Game , or perform other functions. In order to use the Game or a feature, or for certain features of the Game to operate properly, you may be required to have and maintain a valid and active user account with an online service, such as a third-party gaming platform or social network account (“Third-Party Account”), or an account with Licensor or a Licensor affiliate. If you do not maintain such accounts, then certain features of the Game may not operate or may cease to function properly, either in whole or in part. The Game may also require you to create a Software-specific user account with Licensor or a Licensor affiliate (“User Account”) in order to access the Game and its functionality and features. Your User Account log-in may be associated with a Third-Party Account. You are responsible for all use and the security of your User Accounts and any Third-Party Accounts that you use to access and use the Game.

LIMITATION OF LIABILITY:

All information, content, services, and material available in the game and software are provided on an “As Is” basis. To the full extent applicable by law, we disclaim any warranties or representations of any kind, express or implied, including any warranty of merchantable or fitness for a particular purpose. We do not warrant the non-infringement of intellectual property or proprietary rights.
Your purchase and use of the Game is done so at your own risk. We do not warrant that your ability to play the game will be timely, secure, uninterrupted, or defect-free. In no event will Berserk Games LLC nor its affiliates be liable for direct, indirect, incidental, special, exemplary, or consequential damages (Including but not limited to lost profits, loss of business, procurement of substitute goods or services, loss of use or loss of data, or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort arising in any way out of purchase or use of the Game.
In addition, Berserk Games LLC and its Licensors and Distributors disclaim any and all warranties with respect to the privacy and integrity of the computer resources you use to operate the Game. Neither we nor our Licensors or Distributors shall be liable for any disruptions, delays, or other omissions in any connection, data exchange or other interaction that you may experience when you use the Game. Neither we nor our Licensors or Distributors shall be responsible for the conduct of any users or computers that connect, exchange data, or otherwise interact with you or your computer as a result of your use of the Game.
Berserk Games LLC is not responsible for any end user generated content such as mods or fan-produced localizations of the Game. Your use of any modified or fan-localized version of the Game is done at your sole risk. We are not responsible for the cessation of any part of the Game due to the implementation of any mod of localization

DISPUTE RESOLUTION POLICY

Informal Negotiations. Parties to a dispute concerning this Agreement or purchase and use of the Game will attempt to informally negotiate a potential settlement or resolution to the dispute;

Online Arbitration. In the event that informal negotiations are unsuccessful, the parties agree to follow the American Arbitration Association’s online arbitration procedures to resolve the dispute.

Binding Arbitration. If for any reason online arbitration is unsuccessful or unavailable to the parties, parties agree to submit to binding arbitration in the jurisdiction of Stuart, Florida

Our failure to enforce at any time any of the provisions of this EULA or related agreements shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the right of any party to enforce each and every such provision. The express waiver by Berserk Games LLC of any provision, condition or requirement of this EULA or related agreements shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement. Notwithstanding anything else in this EULA, no default, delay or failure to perform on the part of Berserk Games LLC shall be considered a breach of this EULA if such default, delay or failure to perform is shown to be due to causes beyond our reasonable control.

TERMINATION

This Agreement is effective until terminated by you or by the Licensor. This Agreement automatically terminates when Licensor ceases to operate the Game servers (for games exclusively operated online), if Licensor determines or believes your use of the Software involves or may involve fraud or money laundering or any other illicit activity, or upon your failure to comply with terms and conditions of this Agreement, including, but not limited to, the License Conditions above. You may terminate this Agreement at any time by (i) requesting Licensor to terminate and delete your User Account that is used to access or use the Game or (ii) destroying and/or deleting any and all copies of all Game in your possession, custody, or control. Deleting the Game from your Game Platform will not delete the information associated with your User Account. If you reinstall the Game using the same User Account, then you may still have access to your prior User Account information. However except as otherwise prohibited by applicable law, if your User Account is deleted upon termination of this Agreement for any reason, all info and saves associated with your User Account will also be deleted, and you will no longer be available for use of the Game or anything associated with your User Account. If this Agreement terminates due to your violation of this Agreement, Licensor may prohibit you from re-registering or re-accessing the Software. Upon any termination of this Agreement, you must permanently destroy all copies of the Game, accompanying documentation, associated materials, and all of its component parts in your possession or control, including from any client server, computer, gaming unit, or mobile device on which it has been installed. Upon termination of this Agreement, your rights to use the Game will terminate immediately, and you must cease all use of the Game. The termination of this Agreement will not affect our rights or your obligations arising under this Agreement.

U.S. GOVERNMENT RESTRICTED RIGHTS

The Game and documentation have been developed entirely at private expense and are provided as “Commercial Computer Software” or “restricted computer software.” Use, duplication, or disclosure by the U.S. Government or a U.S. Government subcontractor is subject to the restrictions set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clauses in DFARS 252.227-7013 or as set forth in subparagraph (c)(1) and (2) of the Commercial Computer Software Restricted Rights clauses at FAR 52.227-19, as applicable. T

TAXES AND EXPENSES

You shall be responsible for and shall pay and shall indemnify and hold harmless Licensor and any and all of its affiliates against all taxes, duties, and levies of any kind imposed by any governmental entity with respect to the transactions contemplated under the this Agreement, including interest and penalties thereon (exclusive of taxes on Licensor’s net income), irrespective of whether included in any invoice sent to you at any time by Licensor. You shall provide copies of any and all exemption certificates to Licensor if you are entitled to any exemption. All expenses and costs incurred by you in connection with your activities hereunder, if any, are your sole responsibility. You are not entitled to reimbursement from Licensor for any expenses, and will hold Licensor harmless therefrom.

TERMS OF SERVICE

All access to and use of the Game is subject to this Agreement, the applicable Game documentation, and Licensor’s Terms of Service, and all terms and conditions of the Terms of Service are hereby incorporated into this Agreement by this reference. These agreements represent the complete agreement between you and Licensor relating to use of the Software and related services and products and supersede and replace any prior agreements between you and Licensor, whether written or oral. To the extent there is a conflict between this Agreement and the Terms of Service, this Agreement shall control.

MISCELLANEOUS

If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the remaining provisions of this Agreement shall not be affected.

Jurisdiction and Choice of Law. The validity, interpretation, and performance of this EULA are governed and controlled by the laws and regulations of the state of Florida. In the event of a dispute you agree to submit to the personal and exclusive jurisdiction of the State and Federal Courts of Stuart, Florida.
Severability. If any portion of this EULA is found invalid by any competent Court of Law, the invalidity will not affect other provisions or applications of the remainder of this EULA which can be given effect without the invalid portion.
Notification of Changes to this Agreement. We may from time to time change this Agreement. You agree that notification to you of these changes will be effective upon posting those notifications and changes on the Tabletop Simulator/Berserk Games web site.
Prior Versions. This EULA, constitutes the full understanding of your agreement with us. Any prior versions of this document have no effect on this Agreement.
Assignment. This EULA, may be assigned by Berserk Games LLC to any third party at our sole discretion by acquisition of the Game assets or company, or by merger.
Legal Fees. In the event that either party is required to obtain the assistance of an attorney in order to enforce the terms of this Agreement, the Party prevailing in such an enforcement action will be entitled to recovery of all reasonable attorney’s fees in connection with such action.