END USERS LICENCE AGREEMENT
This End User License Agreement ("EULA") is between you and Timenudge Studios ("Company") in relation to the Vertex online game ("Game").
By installing and/or using the Game, you declare that you have read and understood this EULA and agree to be bound by its conditions. If you do not agree with any of the terms in this EULA, you may not access, install or use the Game.
1. Ownership and License.
The Company owns all rights, title, and interest in and to the Game. The Company grants you a non-exclusive and non-transferable license to use the Game, for your personal non-commercial use only, subject to the terms of this EULA.
2. License Restrictions.
You may not:
- modify, adapt, translate, or reverse engineer any portion of the Game;
- use the Game for any commercial purpose;
- remove any proprietary notices or labels on the Game;
- rent, lease, loan, resell, sublicense, distribute, or otherwise transfer the Game to any third party;
- use the Game in any way that violates applicable laws;
- use the Game in any way that infringes the rights of any third party; or
- create derivative works based on the Game.
3. User Generated Content.
You may use the Game to upload your own avatar picture ("User Generated Content"). You hereby confirm and agree that:
- You are solely responsible for the User Generated Content and any claims related thereto;
- You will not include any unlawful, offensive, or inappropriate material in the User Generated Content;
- You own all rights in and to the User Generated Content or have the necessary licenses, rights, consents, and permissions to use and authorize the Company to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Generated Content to enable inclusion and use of the User Generated Content in the manner contemplated by the Game and these Terms;
- The User Generated Content does not infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
- You understand and agree that the Company may review and delete any User Generated Content that violates this EULA.
4. Disclaimer.
The Company provides the Game on an "as is" basis without warranty of any kind. The Company disclaims all warranties, either express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. The Company does not warrant that the Game will meet your requirements, that the Game is error-free, or that the Game will be uninterrupted.
5. Limitation of Liability.
In no event shall the Company be liable for any direct, indirect, special, incidental, or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of or inability to use the Game.
6. Governing Law and Jurisdiction.
This EULA is governed by the laws of [insert applicable jurisdiction]. You hereby consent to the exclusive jurisdiction and venue of courts in [insert applicable jurisdiction] in all disputes arising out of or relating to the use of the Game.
7. Severability.
If any provision of this EULA shall be held to be invalid or unenforceable, the remainder of this EULA shall remain in full force and effect.
8. Entire Agreement.
This EULA constitutes the entire agreement between you and the Company and supersedes all prior or contemporaneous understandings regarding the same.
DEDICATED SERVER EULA
This End User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Timenudge Studios for the Vertex dedicated server software and related services, which includes computer software, associated media, and printed materials and may include "online" or electronic documentation ("Software"). By installing, copying, downloading, accessing, or otherwise using the Software, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install or use the Software.
1. GRANT OF LICENSE
Timenudge Studios grants you the non-exclusive, non-transferable right to use one copy of the Software on a single computer and to host your own dedicated server for the Vertex game. You may not rent, lease, sublicense, or lend the Software, or use the Software on a computer network without approbation from Timenudge Studios. You may not make a copy of the Software, except for a single archival or backup copy. You may not reverse engineer, decompile, or disassemble the Software.
2. COPYRIGHT
All title, including but not limited to copyrights, in and to the Software and any copies thereof are owned by Timenudge Studios or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the Software is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. All rights not specifically granted under this EULA are reserved by Timenudge Studios.
3. USE OF SOFTWARE
By downloading and using Vertex Dedicated servers, you agree to respecting the standard EULA and related agreements relative to product usage and community guidelines. Any server with masterlist features enabled is subject to the terms and usage of said service, and must respect the community and usage guidelines. By hosting a server displayed on the masterlist, you also agree to player statistic collection, including but not limited to player account, IP, score and stats. By hosting a server displayed on the masterlist, you also agree to remote monitoring and remote control using the RCON system in accordance to permissions given by the server code, admin as well as official Vertex administrators and staff. We also reserve the right to perform emergency commands on your server should these terms be violated. These actions include what is in the scope of the RCON system, as well as de-listing, disabling or termination of said server and related access codes. A dedicated server used entirely offline and unlisted to the masterlist is not subject to any of these conditions. Any modifications of the dedicated server is prohibited if masterlist features are enabled.
4. USER CONTENT
You are responsible for providing user content which does not infringe on copyrights. This includes profile pictures, maps or elements which must respect the wishes of their respective owners. We are not responsible for user's content which includes profile pictures, mods, map levelshot and more.
5. DISCLAIMER OF WARRANTIES
EXCEPT AS PROVIDED ABOVE, THE SOFTWARE IS PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. Timenudge Studios DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE.
6. TERMINATION
We reserve the right to terminate our agreement and discontinue your online features upon breach of these terms at our own discretion. If you reside or have moved in a country which contradicts our ability to enforce said agreement, please discontinue using this software and contact us to see if you qualify for a reimbursement.
7. GOVERNING LAW
This EULA shall be governed by the laws of the State of [State].
8. MISCELLANEOUS
This EULA is the entire agreement between you and Timenudge Studios which supersedes any prior agreement or understanding, whether written or oral, relating to the subject matter of this EULA. If any provision of this EULA is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable.
Last updated: January 28, 2023
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