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END-USER LICENSE AGREEMENT (EULA)
BEFORE USING THE VIDEO GAME, PLEASE READ THIS END-USER LICENSE AGREEMENT (“EULA”) CAREFULLY. BY USING THE VIDEO GAME, YOU AGREE TO THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, YOU MAY NOT USE THE VIDEO GAME.
This End-User License Agreement (“EULA”) constitutes a legal agreement between the user and the Author, Mr. Andrea Bacciu. This EULA governs the rights and obligations of the user related to the use of the software “Salus per aquam” (hereinafter referred to as “the Product”), authored by Mr. Andrea Bacciu, and currently provided or to be provided by the same Author, as the holder of the economic rights to use the Product.
This EULA sets the terms on which the Author makes the Product available to the User (“the User”) and the terms under which the User may use it. By installing or using the Product, the User agrees to accept and be bound by this EULA. The Author reserves the right to change, modify, add or remove provisions of this EULA at any time, in accordance with the procedures described below in Section 9.
1. GRANT OF LICENSE.
1.1 The Author (or its licensors) grants the User a non-exclusive, non-transferable, non-sublicensable, non-commercial, and personal license to install and/or use the Product (in whole or in part), as long as the User or the Author terminates this EULA. Under no circumstances may the User use or allow others to use the Product or this License for commercial purposes without obtaining a license for such use from the Author. Updates, upgrades, patches, and modifications may be necessary to continue using the Product on certain hardware.
THIS PRODUCT IS LICENSED TO THE USER AND IS NOT SOLD. If applicable, some parts of the Product may use third-party features, some of which are managed by third-party providers and may be subject to additional terms and/or costs.
1.2 The User is not authorized, directly or indirectly, to (i) sell, rent, lease, license, distribute, commercialize, or exploit the Product or any of its components for commercial purposes; (ii) reverse engineer, decompile, disassemble, adapt, reproduce, or create derivative works of this Product (unless the Product allows the creation, generation, or submission of User-Generated Content and requires an Account and compliance with the Terms of Use), in whole or in part; (iii) create, use, and/or distribute “auto,” “trainer,” “script” or “macro” computer programs or other “cheat” or “hack” applications for this Product; (iv) remove, alter, disable, or circumvent any copyright or trademark indication or other notices or labels contained in or on the Product; and (v) export or re-export this Product or a copy or adaptation thereof in violation of any applicable law or regulation.
1.3 During the use of the Product, the User agrees to comply with all applicable laws, rules, and regulations.
For example, and without limiting the Author’s right to take legal action against the User, the User agrees not to: a. create, use, share, and/or publish in relation to the Product any material (text, words, images, audio, video, etc.) that violates confidentiality obligations, any intellectual property rights, privacy rights, or that incites illegal acts (in particular plagiarism, cracking, or distribution of counterfeit software); b. modify, distort, block, overload, interrupt, slow down, and/or hinder the normal functioning of the Product, its accessibility to other users, or the operation of the Product’s partner networks or attempt to do so; c. transmit or spread viruses, trojan horses, worms, bombs, corrupted files, and/or similar destructive devices or corrupted data in relation to the Product, and/or organize, participate in, or be involved in any way in an attack on the Product and/or those of its service providers and partners; d. create, provide, or use alternative methods of using the Product, such as server emulators; e. send spam messages for commercial or personal purposes, disrupting the flow of conversation with repeated posts of a similar nature; f. transmit or communicate material or content that, in the sole and exclusive discretion of the Author, is deemed offensive, including but not limited to defamatory, threatening, illegal, abusive, harassing, defamatory, denigratory, obscene, sexually explicit, or objectionable from a racial, ethical, or other standpoint; g. harass or threaten other users of the Product; j. falsely claim to be authorized to use the Product or the Author’s authorization.
2. INTELLECTUAL PROPERTY
All rights, including intellectual property rights, in the Product (including but not limited to any text, graphics, music or audio, all messages or informational items, diagrams, concepts, videos, audiovisual effects, domain names, and any other element that is part of the Product, individually or in combination, or copies thereof) are the exclusive property of the Author.
The Product is protected by national and international laws, treaties, and conventions on copyright and other texts. The Product may contain licensed material, and in such case, the licensors of the Author may protect their rights in the event of any violation of this Agreement. Any reproduction or representation of such licensed material in any form and for any reason, without the prior consent of the Author and, if applicable, the licensors and representatives of the Author, is prohibited. Unless explicitly stated in this EULA, all rights not granted to the User are explicitly reserved by the Author. This License does not confer any title or ownership of the Product and should not be construed as a sale and/or transfer of any rights in the Product.
3. ACCESS TO THE PRODUCT
3.1 The Product may be protected by digital rights management software (“DRM software”). In this case, the User agrees, acknowledges, and consents to the following regarding the DRM software: (i) installing the Product will cause the DRM software to be installed on the User’s computer; (ii) the DRM software may limit the number of installations of the Product; (iii) the DRM software may install other components necessary for copy protection on the User’s computer; and (iv) during installation and/or first launch of the Product, an internet connection may be required to unlock the Product through the DRM software. The Author will not be held liable in any case for the components that may be installed on the User’s computer by any DRM software. For further information, please refer to the DRM software website, whose address appears during the installation of the Product.
3.2 If the Product is used on a Compatible Mobile Device, this Section 3.2 applies to the User and the use of the Product.
For the purposes of this EULA, a “Compatible Mobile Device” is any portable device capable of connecting to the Internet to access the Products. The term “Compatible Mobile Device” specifically covers advanced mobile phones, smartphones, tablets, and personal digital assistants (PDAs).
a. Access to the Product. To use the Product on a Compatible Mobile Device, the User must have access to an electronic communication network. The connection costs (including but not limited to mobile provider and/or carrier costs) will be borne solely by the User. The User acknowledges that the quality of the Products, response times, or access to certain features may depend on the capabilities of the Compatible Mobile Device used and the electronic communication network. The Author will not be held liable in any case for reduced use by the User. The User acknowledges that the Product may not be available on all mobile devices or through all carriers or service providers.
4. PERSONAL INFORMATION AND DATA SECURITY
Any use of the User’s personal information will be carried out in accordance with the principles of personal data protection established by the Law.
5. CONSENT TO MONITORING
During the use of the Product, the Product may monitor the random access memory (RAM) of the User’s computer to detect unauthorized third-party programs prohibited from interacting with the Product. If the Product detects an unauthorized third-party program, information may be transmitted to the Author, including the User’s Account name, IP address, details about the unauthorized third-party program detected, and the time and date it was detected, as well as the hardware specifications and characteristics of the User’s computer, with or without further notice to the User. If the Product detects the use of an unauthorized third-party program, this License and access to the Product may be terminated, with or without notice to the User. However, the Author is not responsible for and does not endorse the opinions, advice, and/or recommendations displayed or sent in the Product. Such communications are under the sole responsibility of the respective User.
6. WARRANTY LIMITATIONS, LIMITATION OF LIABILITY
The User explicitly acknowledges that they use the Product at their own risk. To the fullest extent permitted by applicable law, the Product is provided “as is” and “as available.” The Author, licensors, channel partners, and associated service providers make no and hereby disclaim all warranties, conditions, and representations of any kind, express, implied, or statutory, including: (a) its conformity, accuracy, validity, completeness, reliability, or security; (b) its fitness for a particular purpose; (c) implied warranties of title, non-infringement; (d) its market value; or (e) the User’s satisfaction. The Author does not warrant that the Product will be uninterrupted or error-free, that defects will be corrected, or that the Product is free of viruses or other harmful components. The User assumes all responsibility for selecting the Product to achieve the desired results and for the installation, use, and results obtained with the Product.
To the fullest extent permitted by applicable law, the Author, licensors, channel partners, and associated service providers are not liable for any special, incidental, indirect, or consequential damages resulting from the possession, use, or malfunction of the Product, including but not limited to, damages to property, loss of goodwill, computer failure or malfunction, and, to the extent permitted by law, damages for personal injuries, property damages, lost profits, or punitive damages from any cause of action arising from or related to this License or the Product, whether arising in tort (including negligence), contract, strict liability, or otherwise, and whether or not the Author, licensors, and associated service providers have been advised of the possibility of such damages. Since some jurisdictions do not allow the exclusion or limitation of implied warranties or liability for certain categories of damages, the above limitations may not apply to some Users. In such jurisdictions, the Author’s liability is limited to the fullest extent permitted by applicable law.
7. INDEMNIFICATION
The User agrees to defend, indemnify, and hold harmless the Author, licensors, partners, associated service providers, and their respective affiliates, and their respective employees, officers, and directors from and against all claims, liabilities, damages, losses, and expenses, including legal fees and costs, arising from or in any way related to (a) the User’s access to or use of the Product, (b) the User’s violation of this License, and (c) any infringement by the User or any third party using the User’s Account of any intellectual property or other rights of any person or entity.
8. TERMINATION
The License is effective until terminated. The User’s rights under this License will terminate immediately and automatically without notice from the Author if the User fails to comply with any of the terms and conditions of this License. Upon termination of the License, the User must immediately cease all use of the Product and uninstall all copies of the Product. The termination will not limit any of the Author’s rights or remedies available by law or equity.
9. CHANGES TO THE EULA
The Author reserves the right to modify this EULA at any time, in its sole discretion. The User will be notified of such modifications when they are posted online, and the modified EULA will take effect immediately upon such posting. The User’s continued use of the Product after the modified EULA is posted constitutes the User’s acceptance of the changes. If the User does not agree to any modifications, they must immediately cease using the Product and uninstall all copies.
10. GENERAL PROVISIONS
10.1 If any provision of this EULA is held to be illegal or unenforceable, the remaining provisions of this EULA will remain in full force and effect.
10.2 This EULA constitutes the entire agreement between the User and the Author regarding the use of the Product and supersedes any prior or contemporaneous agreements regarding such subject matter.
10.3 This EULA is governed by and construed in accordance with the laws of the jurisdiction in which the Author resides, without regard to its conflict of law principles.
10.4 Any disputes arising from or relating to this EULA or the use of the Product will be resolved in the competent courts of the jurisdiction in which the Author resides.
BEFORE USING THE VIDEO GAME, PLEASE READ THIS END-USER LICENSE AGREEMENT (“EULA”) CAREFULLY. BY USING THE VIDEO GAME, YOU AGREE TO THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, YOU MAY NOT USE THE VIDEO GAME.
This End-User License Agreement (“EULA”) constitutes a legal agreement between the user and the Author, Mr. Andrea Bacciu. This EULA governs the rights and obligations of the user related to the use of the software “Salus per aquam” (hereinafter referred to as “the Product”), authored by Mr. Andrea Bacciu, and currently provided or to be provided by the same Author, as the holder of the economic rights to use the Product.
This EULA sets the terms on which the Author makes the Product available to the User (“the User”) and the terms under which the User may use it. By installing or using the Product, the User agrees to accept and be bound by this EULA. The Author reserves the right to change, modify, add or remove provisions of this EULA at any time, in accordance with the procedures described below in Section 9.
1. GRANT OF LICENSE.
1.1 The Author (or its licensors) grants the User a non-exclusive, non-transferable, non-sublicensable, non-commercial, and personal license to install and/or use the Product (in whole or in part), as long as the User or the Author terminates this EULA. Under no circumstances may the User use or allow others to use the Product or this License for commercial purposes without obtaining a license for such use from the Author. Updates, upgrades, patches, and modifications may be necessary to continue using the Product on certain hardware.
THIS PRODUCT IS LICENSED TO THE USER AND IS NOT SOLD. If applicable, some parts of the Product may use third-party features, some of which are managed by third-party providers and may be subject to additional terms and/or costs.
1.2 The User is not authorized, directly or indirectly, to (i) sell, rent, lease, license, distribute, commercialize, or exploit the Product or any of its components for commercial purposes; (ii) reverse engineer, decompile, disassemble, adapt, reproduce, or create derivative works of this Product (unless the Product allows the creation, generation, or submission of User-Generated Content and requires an Account and compliance with the Terms of Use), in whole or in part; (iii) create, use, and/or distribute “auto,” “trainer,” “script” or “macro” computer programs or other “cheat” or “hack” applications for this Product; (iv) remove, alter, disable, or circumvent any copyright or trademark indication or other notices or labels contained in or on the Product; and (v) export or re-export this Product or a copy or adaptation thereof in violation of any applicable law or regulation.
1.3 During the use of the Product, the User agrees to comply with all applicable laws, rules, and regulations.
For example, and without limiting the Author’s right to take legal action against the User, the User agrees not to: a. create, use, share, and/or publish in relation to the Product any material (text, words, images, audio, video, etc.) that violates confidentiality obligations, any intellectual property rights, privacy rights, or that incites illegal acts (in particular plagiarism, cracking, or distribution of counterfeit software); b. modify, distort, block, overload, interrupt, slow down, and/or hinder the normal functioning of the Product, its accessibility to other users, or the operation of the Product’s partner networks or attempt to do so; c. transmit or spread viruses, trojan horses, worms, bombs, corrupted files, and/or similar destructive devices or corrupted data in relation to the Product, and/or organize, participate in, or be involved in any way in an attack on the Product and/or those of its service providers and partners; d. create, provide, or use alternative methods of using the Product, such as server emulators; e. send spam messages for commercial or personal purposes, disrupting the flow of conversation with repeated posts of a similar nature; f. transmit or communicate material or content that, in the sole and exclusive discretion of the Author, is deemed offensive, including but not limited to defamatory, threatening, illegal, abusive, harassing, defamatory, denigratory, obscene, sexually explicit, or objectionable from a racial, ethical, or other standpoint; g. harass or threaten other users of the Product; j. falsely claim to be authorized to use the Product or the Author’s authorization.
2. INTELLECTUAL PROPERTY
All rights, including intellectual property rights, in the Product (including but not limited to any text, graphics, music or audio, all messages or informational items, diagrams, concepts, videos, audiovisual effects, domain names, and any other element that is part of the Product, individually or in combination, or copies thereof) are the exclusive property of the Author.
The Product is protected by national and international laws, treaties, and conventions on copyright and other texts. The Product may contain licensed material, and in such case, the licensors of the Author may protect their rights in the event of any violation of this Agreement. Any reproduction or representation of such licensed material in any form and for any reason, without the prior consent of the Author and, if applicable, the licensors and representatives of the Author, is prohibited. Unless explicitly stated in this EULA, all rights not granted to the User are explicitly reserved by the Author. This License does not confer any title or ownership of the Product and should not be construed as a sale and/or transfer of any rights in the Product.
3. ACCESS TO THE PRODUCT
3.1 The Product may be protected by digital rights management software (“DRM software”). In this case, the User agrees, acknowledges, and consents to the following regarding the DRM software: (i) installing the Product will cause the DRM software to be installed on the User’s computer; (ii) the DRM software may limit the number of installations of the Product; (iii) the DRM software may install other components necessary for copy protection on the User’s computer; and (iv) during installation and/or first launch of the Product, an internet connection may be required to unlock the Product through the DRM software. The Author will not be held liable in any case for the components that may be installed on the User’s computer by any DRM software. For further information, please refer to the DRM software website, whose address appears during the installation of the Product.
3.2 If the Product is used on a Compatible Mobile Device, this Section 3.2 applies to the User and the use of the Product.
For the purposes of this EULA, a “Compatible Mobile Device” is any portable device capable of connecting to the Internet to access the Products. The term “Compatible Mobile Device” specifically covers advanced mobile phones, smartphones, tablets, and personal digital assistants (PDAs).
a. Access to the Product. To use the Product on a Compatible Mobile Device, the User must have access to an electronic communication network. The connection costs (including but not limited to mobile provider and/or carrier costs) will be borne solely by the User. The User acknowledges that the quality of the Products, response times, or access to certain features may depend on the capabilities of the Compatible Mobile Device used and the electronic communication network. The Author will not be held liable in any case for reduced use by the User. The User acknowledges that the Product may not be available on all mobile devices or through all carriers or service providers.
4. PERSONAL INFORMATION AND DATA SECURITY
Any use of the User’s personal information will be carried out in accordance with the principles of personal data protection established by the Law.
5. CONSENT TO MONITORING
During the use of the Product, the Product may monitor the random access memory (RAM) of the User’s computer to detect unauthorized third-party programs prohibited from interacting with the Product. If the Product detects an unauthorized third-party program, information may be transmitted to the Author, including the User’s Account name, IP address, details about the unauthorized third-party program detected, and the time and date it was detected, as well as the hardware specifications and characteristics of the User’s computer, with or without further notice to the User. If the Product detects the use of an unauthorized third-party program, this License and access to the Product may be terminated, with or without notice to the User. However, the Author is not responsible for and does not endorse the opinions, advice, and/or recommendations displayed or sent in the Product. Such communications are under the sole responsibility of the respective User.
6. WARRANTY LIMITATIONS, LIMITATION OF LIABILITY
The User explicitly acknowledges that they use the Product at their own risk. To the fullest extent permitted by applicable law, the Product is provided “as is” and “as available.” The Author, licensors, channel partners, and associated service providers make no and hereby disclaim all warranties, conditions, and representations of any kind, express, implied, or statutory, including: (a) its conformity, accuracy, validity, completeness, reliability, or security; (b) its fitness for a particular purpose; (c) implied warranties of title, non-infringement; (d) its market value; or (e) the User’s satisfaction. The Author does not warrant that the Product will be uninterrupted or error-free, that defects will be corrected, or that the Product is free of viruses or other harmful components. The User assumes all responsibility for selecting the Product to achieve the desired results and for the installation, use, and results obtained with the Product.
To the fullest extent permitted by applicable law, the Author, licensors, channel partners, and associated service providers are not liable for any special, incidental, indirect, or consequential damages resulting from the possession, use, or malfunction of the Product, including but not limited to, damages to property, loss of goodwill, computer failure or malfunction, and, to the extent permitted by law, damages for personal injuries, property damages, lost profits, or punitive damages from any cause of action arising from or related to this License or the Product, whether arising in tort (including negligence), contract, strict liability, or otherwise, and whether or not the Author, licensors, and associated service providers have been advised of the possibility of such damages. Since some jurisdictions do not allow the exclusion or limitation of implied warranties or liability for certain categories of damages, the above limitations may not apply to some Users. In such jurisdictions, the Author’s liability is limited to the fullest extent permitted by applicable law.
7. INDEMNIFICATION
The User agrees to defend, indemnify, and hold harmless the Author, licensors, partners, associated service providers, and their respective affiliates, and their respective employees, officers, and directors from and against all claims, liabilities, damages, losses, and expenses, including legal fees and costs, arising from or in any way related to (a) the User’s access to or use of the Product, (b) the User’s violation of this License, and (c) any infringement by the User or any third party using the User’s Account of any intellectual property or other rights of any person or entity.
8. TERMINATION
The License is effective until terminated. The User’s rights under this License will terminate immediately and automatically without notice from the Author if the User fails to comply with any of the terms and conditions of this License. Upon termination of the License, the User must immediately cease all use of the Product and uninstall all copies of the Product. The termination will not limit any of the Author’s rights or remedies available by law or equity.
9. CHANGES TO THE EULA
The Author reserves the right to modify this EULA at any time, in its sole discretion. The User will be notified of such modifications when they are posted online, and the modified EULA will take effect immediately upon such posting. The User’s continued use of the Product after the modified EULA is posted constitutes the User’s acceptance of the changes. If the User does not agree to any modifications, they must immediately cease using the Product and uninstall all copies.
10. GENERAL PROVISIONS
10.1 If any provision of this EULA is held to be illegal or unenforceable, the remaining provisions of this EULA will remain in full force and effect.
10.2 This EULA constitutes the entire agreement between the User and the Author regarding the use of the Product and supersedes any prior or contemporaneous agreements regarding such subject matter.
10.3 This EULA is governed by and construed in accordance with the laws of the jurisdiction in which the Author resides, without regard to its conflict of law principles.
10.4 Any disputes arising from or relating to this EULA or the use of the Product will be resolved in the competent courts of the jurisdiction in which the Author resides.