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.
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.
You agree not to:
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
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.
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.
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.