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Goat Simulator Pocket Edition

END USER LICENSE AGREEMENT

 

YOU SHOULD CAREFULLY READ THE FOLLOWING END USER LICENSE AGREEMENT (“EULA”) BEFORE PURCHASING, DOWNLOADING OR INSTALLING “Goat Simulator: Pocket Edition” (“GAME”). IF YOU DO NOT AGREE WITH THE TERMS OF THIS EULA, YOU SHOULD NOT USE, PURCHASE, DOWNLOAD OR INSTALL THIS GAME. 

 

The Game is made up of copyright works owned by Coffee Stain Publishing AB (“Coffee Stain”, “we”, “us”, “our”) or its licensors. Use of the Game (including any Virtual Items, as defined below) is governed by the terms of this EULA. Any use, reproduction or redistribution of the Game not in accordance with the terms of this EULA is expressly prohibited. Reference to “Game” in this EULA shall include each or any part of it and any online service which may be made available through it, including without limitation Virtual Items, where and to the fullest extent that the content permits.

 

  • LIMITED USE LICENSE
    1. Coffee Stain grants (and by installing or using the Game you accept) a limited, non-exclusive right and licence to install and use at any one time one (1) copy of the Game for your personal, non-commercial use, subject to the terms of this EULA. 

 

  1. Store Terms
    1. We may offer the Game through games and/or application stores including, without limitation, the App Store, Google Play store (each a “Store”). That means you may need a Store account to play the Game, and your use of any Store is subject to the terms of use applicable to that Store (as may change from time to time).
    2. We may offer the Game through a video game subscription service, including but not limited to Apple Arcade and Google Play Pass (“Subscription Service”). In order to play the Game as part of a Subscription Service, you will need an active subscription or trial for that Subscription Service, and your use of any Subscription Service is subject to the terms of use applicable to that Subscription Service (as may change from time to time).
    3. To the extent that there is a conflict between the terms of this EULA and the relevant Store or Subscription Service’s terms from which you purchased (where applicable) or installed the Game, the Store or Subscription Service’s terms shall prevail to the extent of the conflict.
    4. Where applicable, a Store may allow you to get a refund in respect of or in connection with the Game. You should contact the Store through which you made a purchase, where applicable, in the event that you desire a refund.

 

  • END USER RIGHTS AND OBLIGATIONS
    1. The Game is licensed to you as a single product.
    2. If the Game has an age rating, you must adhere to the age rating and be at least as old as the age rating prescribes in order to play the Game. If you are under the age of 18, you must have your parent or legal guardian’s consent to use the Game and your parent or legal guardian must agree to this EULA. 
    3. You may not, except as expressly provided by this EULA: 
  • sell, distribute or otherwise transfer copies or reproductions of the Game to any third party in any way;
  • in whole or in part reproduce, translate, reverse engineer, derive source code from, modify, adapt, merge, translate, disassemble, decompile, or create derivative works based on or of the Game, except where applicable law provides otherwise in which case the product and all end results of such acts shall belong to, vest in and be the exclusive property of Coffee Stain on creation;
  • remove, disable or circumvent any proprietary notices, labels or copy protection software contained on or within the Game; 
  • exploit the Game or any of its parts for any commercial purpose including, but not limited to, use at any arcade, consumer experience or location-based site;
  • cheat, rig, fix, circumvent rules or processes, use multiple accounts, exploit ‘loopholes’ or bugs, or use our Game in a way which is not within the spirit intended by our EULA or in a way which may harm the experience of other users of the Game;
  • do anything (or attempt to do anything) which might disrupt use of the Game by us or other users, or which could threaten, harass or upset other users of the Game or website community;
  • use the Game for any illegal or immoral purposes;
  • make anything available on or through the Game that violates the rights of third parties (including without limitation their intellectual property or privacy rights);
  • export or re-export the Game or any copy or adaptation in violation of any applicable laws or regulations; and
  • otherwise use, copy, transfer, distribute, rent, lease, loan, sub-license or deal in the Game or any part or interest in it except as expressly provided by this EULA or in any manner which is inconsistent with this EULA.
  1. Coffee Stain or its licensors may from time to time provide updates to the Game which you may be required to apply before you can continue making full use of the Game. You agree that Coffee Stain may deliver such updates remotely and that you will apply such updates.
  • OWNERSHIP
      1. The Game is licensed, not sold. This EULA and your use of the Game does not give you any rights of ownership in any property whether tangible or intangible (including without limitation in any Virtual Item).
      2. Your license confers no title or ownership in the Game. All right, title, interest and ownership rights in the Game and any copyright, design right, database right, patents and any rights to inventions, know-how, trade and business names, trade secrets and trade marks (whether registered or unregistered) and any applications therefor and other intellectual property rights (“Intellectual Property Rights”), in or connected with the Game and each part thereof are owned by, belong to and vest in Coffee Stain or its licensors. 
      3. The Game is protected by copyright law, international copyright treaties and conventions and other laws. All rights are asserted and reserved. The Game may contain certain licensed materials and Coffee Stain’s licensors may act to protect their rights in the event of any breach of this EULA. All trade marks are the property of their respective owners.
    2. OPERATING SYSTEM AND DEVICE REQUIREMENTS
      1. An internet connection may be required to use certain aspects of the Game. Other operating and system requirements apply (such as in respect of operating system and installation memory – depending upon the relevant platform); information about these requirements will be made available to you, either by the relevant Store or Subscription Service descriptions, packaging information or through our website. 
  • BREACH AND TERMINATION
      1. The licence granted by this EULA will terminate automatically if you breach its terms and conditions. In that event, you must immediately destroy and erase the Game and all and any copies in your possession or control and stored on any media whatsoever and upon Coffee Stain’s request certify that you have done so. 
      2. You may terminate this EULA at any time by erasing the Game from your device. 
      3. Please make sure you read this EULA carefully and understand it. If we are threatened with or face legal action because you break any of the terms and conditions in this EULA, we may hold you responsible. That means you may need to compensate us, and pay us back for any damage we suffer as a result, and for our legal and other expenses.
      4. We may terminate our agreement with you (in whole or in part) for any reason at our discretion upon reasonable notice to you. This may happen, without limitation, because we choose to end the availability of the Game. If your use of the Game was provided to you free of charge, you will not be entitled to compensation in this event. If you paid for the Game, content or services in connection with the Game, you will not be entitled to a refund where you have substantially had the enjoyment of what you had paid for. Where you have not had a reasonable period of opportunity to enjoy the paid-for Game, we may offer you a partial or full refund.
  • UPDATES AND ADDITIONAL TERMS
      1. We may change or update this EULA from time to time, but changes only affect you to the extent they can legally apply. For example, if we release an update with a new EULA, and you do not use the update, then the old EULA applies. But if you do use the updates or if you use parts of the Game(s) that rely on any ongoing online services (if applicable) then the new EULA will apply. Please check back with us periodically to make sure that you’re aware of the latest version of this EULA.
      2. We may make codes of conduct and usage rules and guidance available to you, which may provide additional rules and guidance about your use of our Game. We require that you comply with these rules so that we can properly operate our Game and to ensure that our users have a safe and fair experience. To the extent of ambiguity or conflict between a code of conduct and this EULA, this EULA prevails.
    2. VIRTUAL ITEMS
      1. As part of and to enhance your use and enjoyment of the Game you may be able to obtain additional features and digital content that form part of the experience of the Game (“Virtual Items”). 
      2. Virtual Items are gameplay features of the Game, they have no cash or real world value, they are not redeemable or exchangeable for anything with a real world value and they can be used as part of the Game only. 
      3. Purchases of Virtual Items are subject to this EULA and the terms of any third party app store through which your purchase is made. Purchases are made via permitted third party Stores, and not via Coffee Stain. 
      4. To cancel a purchase of any Virtual Items you should contact the platform through which you made that purchase. If you cannot use Virtual Items due to an error or fault, you may still be charged. If this happens, please contact Coffee Stain and we will endeavour to rectify the issue and if we are unable to do so you may be entitled to a refund via the platform through which you made that purchase.
      5. Virtual Items that may be purchased may be advertised in the Game.
      6. Without limiting Game and Virtual Item purchases from Coffee Stain’s permitted stores, it is a condition and fundamental term of this EULA and your use of the Game that you must not buy, sell, barter, swap, exchange, trade, lend, rent or otherwise deal in any way with any Virtual Item outside of the Game (such as on unauthorised item trading sites) or in any way other than as expressly provided above. Virtual Items may only be exchanged for certain other designated Virtual Items in and as part of the Game only and where that functionality is made available by Coffee Stain.  
      7. Subject to Clause 6, Coffee Stain may manage, vary, regulate, control, modify or eliminate Virtual Items in its sole discretion, with or without notice (including not supplying Virtual Items if it is reasonable to do so). Subject to Clause 6 and this EULA, Coffee Stain shall have no liability to you or any third party in the event that Coffee Stain exercises such rights. 
      8. When you submit, or anyone using your device submits, a request to purchase Virtual Items you are offering to purchase them for the price stated and our acceptance of that offer shall only occur once we make the Virtual Items available to you, prior to which your order may be declined for any reason.
      9. Please notify Coffee Stain immediately if you dispute a transaction involving Virtual Items or believe that any transaction is unauthorised.
  • iOS VERSIONS OF THE GAME
    1. The following terms of this clause are the terms which we are required by Apple to notify you of and obtain your consent of in respect of using the iOS versions of the Game:
      1. You, and Coffee Stain, acknowledge that this EULA is concluded between you and Coffee Stain only, and not with Apple Inc., nor any subsidiary or affiliate company of Apple Inc. (“Apple”). You also acknowledge that we are solely responsible for the Game and the content therein.
      2. Subject to your compliance with all conditions of this EULA, we grant you a non-exclusive, revocable, non-transferable, non-sublicensable, limited right and license to use one copy of the relevant Game for your personal, non-commercial use for gameplay on the compatible Apple-based product which you own or control (with the exception that the Game may be accessed and used by other accounts associated with the purchaser via ‘Family Sharing’ or volume purchasing authorised by Apple) and as permitted by the usage terms and conditions set forth in the ‘Usage Rules’ in the Apple Media Services Terms and Conditions as of the Effective Date (https://www.apple.com/uk/legal/internet-services/itunes/uk/terms.html), which you acknowledge you have had the opportunity to review.
      3. We are solely responsible for providing support and maintenance for the Game. You and Coffee Stain acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Game.
      4. You acknowledge that Coffee Stain, and not Apple, is responsible for addressing any claims you may have relating to the Game or your possession and/or use of the Game, including but not limited to:
        1. product liability claims;
        2. any claim that the Game fails to confirm to any applicable legal or regulatory requirement; and
        3. claims arising under consumer protection, privacy or similar legislation, including in connection with the Game’s use of the HealthKit and HomeKit frameworks, if applicable. 
      5. You acknowledge that in the event of a third party claim that the Game or your possession and use of the Game infringes that third party’s intellectual property rights, then Coffee Stain shall be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property right infringement claim, and not Apple.
      6. You confirm that:
        1. you are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a ‘terrorist supporting’ country; and
        2. you are not listed on any US Government list of prohibited or restricted parties.
      7. You acknowledge and agree that Apple are third party beneficiaries of this EULA, and that when you accept the terms and conditions of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third party beneficiary thereof.
  2. Liability 
    1. EXCEPT AS SPECIFICALLY PROVIDED IN THIS EULA AND TO THE MAXIMUM EXTENT PERMITTED BY LAW:
  • YOU INSTALL AND USE THIS GAME AT YOUR OWN RISK;
  • THE GAME IS PROVIDED “AS IS” WITHOUT WARRANTY OR GUARANTEE OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT;
  • COFFEE STAIN AND ITS LICENSORS DO NOT WARRANT THAT THE OPERATION OF THIS GAME WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ERRORS CAN BE CORRECTED;
  • COFFEE STAIN AND ITS LICENSORS EXCLUDE ANY AND ALL LIABILITY FOR ALL REPRESENTATIONS (EXCEPT THOSE MADE FRAUDULENTLY), WARRANTIES, CONDITIONS AND OTHER TERMS WHICH BUT FOR THIS NOTICE WOULD HAVE EFFECT;
  • COFFEE STAIN AND ITS LICENSORS WILL NOT IN ANY EVENT BE LIABLE IN ANY WAY FOR ANY CONSEQUENTIAL LOSS OR DAMAGE RESULTING FROM THE USE OF OR INABILITY TO USE THE GAME, ERRORS OR DEFICIENCIES IN IT, DAMAGE TO PROPERTY, LOST DATA, LOSS OF GOODWILL, CONSOLE HEADSET FAILURE OR MALFUNCTION, LOSS OF BUSINESS, LOSS OF INFORMATION OR LOST PROFIT, WHETHER CAUSED BY NEGLIGENCE OR OTHERWISE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS; AND
  • COFFEE STAIN AND ITS LICENSORS WILL NOT BE HELD LIABLE FOR ANY DAMAGE, INJURY OR LOSS IF CAUSED AS A RESULT OF YOUR NEGLIGENCE, ACCIDENT OR MISUSE, OR IF THE GAME HAS BEEN MODIFIED IN ANY MANNER (NOT BY COFFEE STAIN OR ITS LICENSORS) AFTER IT HAS BEEN BOUGHT. THE LIABILITY OF COFFEE STAIN AND ITS LICENSORS SHALL NOT EXCEED THE ACTUAL PRICE PAID FOR THE GAME.
  1. THIS EULA SHALL NOT LIMIT ANY RIGHTS YOU MIGHT HAVE AS A CONSUMER THAT MAY NOT BE EXCLUDED UNDER APPLICABLE LAW NOR SHALL IT EXCLUDE OR LIMIT ANY LIABILITY FOR FRAUD OR DEATH OR PERSONAL INJURY ARISING CAUSED BY NEGLIGENCE OF COFFEE STAIN OR ITS LICENSORS.
  2. YOU SHOULD BACK-UP TO ANOTHER SECURE LOCATION, ON A REGULAR BASIS, DATA FILES RELATING TO YOUR USE OF THE GAME. COFFEE STAIN HAS NO LIABILITY FOR LOST OR CORRUPTED DATA.
  3. If we release a version of the Game which is not yet complete, because we want to give you early access, then you’ll need to bear in mind that it may have some errors, bugs or interruptions.
  4. Any views expressed in the Game are the views of the authors and not of us, unless we expressly specify otherwise. 
  5. Any similarities to real world people, events and products or to any copyright works is purely coincidental or is intended purely as satire or parody.
  1. Privacy 
    1. Under data protection legislation, we are required to provide you with certain information about who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided in our Privacy Policy and it is important that you read that information. You can access our Privacy Policy here: https://coffeestain.com/privacy-policy-ios-and-android/ 
    2. Please take care when disclosing any information about yourself on or through the Game. A known risk of the public internet is people not necessarily being who they say they are, or behaving in an unreliable, misleading or illegal way. We cannot control information you choose to provide to other users, where our Game includes facilities for you to interact with others. We strongly recommend that you exercise caution, act sensibly and not disclose any information which you do not wish to have disseminated into the wider public internet. Any disclosures of your information by you to other users are made by you at your own risk. Once information is disclosed by you in this way, it may not be possible for us to prevent its dissemination over the public internet.
  2. Severability
    1. In the event that any provision of this EULA shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision will be enforced to the maximum extent permissible and the remaining portions of this EULA shall remain in full force and effect. 

 

  1. NO THIRD PARTY RIGHTS
    1. Except where expressly stated to the contrary in this EULA, this EULA does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this EULA.
  2. NO WAIVER
    1. Even if we delay in enforcing this EULA and/or our rights, we can still enforce this EULA and/or our rights later. If we do not insist immediately that you do anything you are required to do under this EULA , or if we delay in taking steps against you in respect of your breaking of any term of this EULA, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
  3. APPLICABLE LAW
    1. To the maximum extent permitted by the local law applicable in the country in which you obtain or use the Game and this EULA are subject to the laws of England and Wales. You can bring proceedings in respect of the Game or this EULA in the English courts. In addition you may have the legal right to bring proceedings in your local jurisdiction and if this is the case then you may bring proceedings there. For instance if you live in Scotland you can bring legal proceedings in respect of the Game in either the Scottish or the English courts.

 

  • COMPANY AND CONTACT INFORMATION
    1. In this EULA, “Coffee Stain”, “we”, “us” and “our” refers to: 

Coffee Stain Publishing AB with its registered office at Hertig Johans gata 6, 541 30 Skövde and with company number 559073-7069.  

Email: ios-support@goat-simulator.com, android-support@goat-simulator.com