END USER LICENSE AGREEMENT
YOU SHOULD CAREFULLY READ THE FOLLOWING END USER LICENSE AGREEMENT (“EULA”) BEFORE PURCHASING, DOWNLOADING OR INSTALLING “TEARDOWN” (“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 Tuxedo Labs AB and made available to you by Coffee Stain Publishing AB (“Coffee Stain”, “we”, “us”, “our”).
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
1.1 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.
- Store Terms
2.1 We may offer the Game through games and/or application stores including, without limitation, the PlayStation Store, Xbox Games 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). Where applicable, the Stores 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.
2.2 We may offer the Game through a video game subscription service, including but not limited to Apple Arcade (“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).
2.3 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.
2.4 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
3.1 The Game is licensed to you as a single product.
3.2 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.
3.3 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.
- post, upload, link to or otherwise make available in or through the Game any content that is sexually explicit, harmful, threatening, abusive, defamatory, obscene, hateful, or racially or ethnically offensive;
- advertise, buy, sell, trade, share or transfer access to the Game or your account to any third party;
- create, use or distribute any emulator or other software tool that enables the Game to be played other than as provided by Coffee Stain, without our express written consent;
- download, extract or otherwise access or use any Game files that are intentionally made unreadable or inaccessible, unless expressly authorised by the relevant rights holder;
- harvest or collect email addresses or other contact information of other users of the Game by electronic or other means, or solicit personal information from minors;
- impersonate Coffee Stain or any of its employees or representatives, misrepresent your affiliation with any entity or person, or otherwise conduct fraud; and
- post or communicate any other user’s real-world information (such as name, address or financial details) in or through the Game or on any related website or media.
3.4 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
4.1 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).
4.2 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.
4.3 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.
- OPERATING SYSTEM AND DEVICE REQUIREMNENTS
5.1 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
6.1 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.
6.2 You may terminate this EULA at any time by erasing the Game from your device.
6.3 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.
6.4 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
7.1 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.
7.2 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.
- VIRTUAL ITEMS
8.1 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”).
8.2 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.
8.3 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.
8.4 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.
8.5 Virtual Items that may be purchased may be advertised in the Game.
8.6 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.
8.7 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.
8.8 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.
8.9 Please notify Coffee Stain immediately if you dispute a transaction involving Virtual Items or believe that any transaction is unauthorised.
- USER CREATED CONTENT
9.1 Coffee Stain may provide you with interfaces and tools, such as voxel models, level files, scripts and other assets owned by Coffee Stain, its affiliates and/or its licensors (“Coffee Stain Materials”), that you may use to create certain content such as playable levels, game modes, in-game items, stories, modifications and/or other Game-related content (“User Created Content”). You may not use the Coffee Stain Materials or any other materials owned or controlled by Coffee Stain for any purpose other than creating User Created Content in accordance with this EULA.
9.2 Except for any intellectual property rights owned by Coffee Stain, its affiliates and/or licensors, all intellectual property rights in User Created Content you originate shall remain with you (“User Intellectual Property”). User Created Content and User Intellectual Property containing Coffee Stain Materials may only be used within the Game, unless otherwise permitted in writing by Coffee Stain. User Created Content which does not contain any Coffee Stain Materials may be freely used by you outside the Game.
9.3 By creating, submitting, uploading or publishing any User Created Content in or in connection with the Game or any related website or third-party platform (such as Steam Workshop), you grant Coffee Stain an irrevocable, sub-licensable, assignable, perpetual, worldwide, fully paid-up, royalty-free licence and right to use, reproduce, incorporate into the Game, modify, publicly perform and display, distribute and create derivative works of your User Created Content and any User Intellectual Property contained therein, separately or as part of other materials of any kind, for commercial and/or non-commercial purposes, in any and all media now known or hereafter devised.
9.4 If you provide Coffee Stain with any feedback, suggestions, ideas, gameplay mechanics or other comments through the Game or User Created Content, Coffee Stain is free to use that feedback however it chooses, without any obligation to account to you.
9.5 By making your User Created Content available through any third-party platform (such as Steam Workshop), you also agree that other end users of the Game may use all or part of your User Created Content for the purpose of creating new, additional or modified User Created Content for the Game, and you grant such users a licence to do so, provided they comply with the terms of this EULA and any applicable guidelines.
9.6 User Created Content must comply with all applicable laws, platform terms and any guidelines published by Coffee Stain from time to time. Your User Created Content must not include any content that: (i) contains graphic depictions of gratuitous or excessive violence; (ii) is sexually explicit, harmful, threatening, harassing, abusive, defamatory, obscene, vulgar, hateful, or racially or ethnically charged; (iii) depicts or promotes intoxication or substance abuse; (iv) depicts or promotes negative racial, ethnic, gender, political or religious stereotypes; (v) makes negative or disrespectful use of religious symbolism; (vi) reflects adversely on the name, reputation or goodwill of Coffee Stain, its affiliates, licensors or partners; or (vii) is otherwise in violation of this EULA or any applicable platform terms.
9.7 You are solely responsible for your User Created Content. By making your User Created Content available through the Game or any connected platform or website, you warrant and represent that: (i) your User Created Content does not infringe any third-party intellectual property rights or other rights under applicable law (including privacy rights); (ii) no copyright-protected material owned or controlled by third parties is included in your User Created Content without the prior written consent of such third party; and (iii) no open-source software is contained or uploaded therein in breach of any applicable licensing terms.
9.8 By creating, posting, uploading or publishing any User Created Content in or in connection with the Game, you represent and warrant that: (i) you have all the necessary rights to grant the licences set out in this clause; (ii) there is no pending or threatened legal or administrative proceeding which might directly or indirectly affect your User Created Content or which might impair the rights granted by you herein; (iii) your User Created Content complies with this EULA, any applicable guidelines and all applicable laws; and (iv) you will indemnify and hold harmless Coffee Stain for all damages, costs and expenses incurred as a result of any breach of these warranties.
9.9 For the purposes of this EULA, “Moral Rights” means any rights of paternity or integrity, any right to claim authorship of User Created Content or User Intellectual Property, to object to any distortion, mutilation or other modification of, or derogatory action in relation to, any such User Created Content, whether or not such would be prejudicial to your honour or reputation, and any similar rights existing under applicable law or any treaty. To the fullest extent permitted by law, you hereby irrevocably waive in favour of Coffee Stain and its assigns any and all Moral Rights that you may have or claim to have in your User Created Content.
9.10 Coffee Stain or the applicable platform or service provider may, at any time and in its sole discretion, without prior notice, delete, remove or disable access to any of your User Created Content if Coffee Stain or the applicable platform provider believes it infringes the intellectual property rights of any third party, violates the terms of this EULA or any applicable guidelines or laws. Coffee Stain reserves the right to disable your access to the Game if you are found to be in repeated or serious violation of these rules. If you believe Coffee Stain has removed your User Created Content in error, please notify Coffee Stain at [publishing@coffeestain.com] and Coffee Stain may, but has no obligation to, provide you with an opportunity to appeal.
- TAKE-DOWN PROCEDURE
10.1 Coffee Stain respects the intellectual property rights of others and expects all users and third parties to do the same. If Coffee Stain is notified of, or discovers, any potentially infringing content in or accessible through the Game, it will disable access to or remove such content without undue delay.
10.2 If you have well-founded reason to believe that content in or accessible through the Game infringes copyright or trade mark rights, you must notify Coffee Stain immediately. Any such notification must constitute a formal Take-Down Notice and must include all of the following information:
- a statement identifying in sufficient detail the work or intellectual property you claim has been infringed (or, if multiple works are covered, a representative list);
- a statement identifying in sufficient detail the content you claim to be infringing and, if possible, its location within the Game so that it can be located;
- a statement that you have a good faith belief that the use of the content identified in the Take-Down Notice is not authorised by the owner of the intellectual property, an agent of the owner, or applicable law;
- a statement that the information in the Take-Down Notice is accurate and, under penalty of perjury, that you are the owner or are authorised to act on behalf of the owner of the work allegedly being infringed; and
- sufficient contact details for the person making the complaint, including name, address, telephone number and email address, together with the physical or electronic signature of that person. All personal data shall be handled in accordance with our Privacy Policy.
10.3 Take-Down Notices must be submitted to Coffee Stain at publishing@coffeestain.com. Coffee Stain will review each Take-Down Notice and take such action as it considers appropriate in its sole discretion, including removal of the challenged content or disabling access to it. Coffee Stain may notify the alleged infringer of your claim, and you expressly authorise Coffee Stain to do so.
- HEALTH AND SAFETY WARNING
11.1 In rare instances, some users may experience epileptic seizures when exposed to certain light patterns or flashing lights in the Game and/or advertising related to the Game. Exposure to certain light patterns or backgrounds on a video monitor or virtual reality or augmented reality device may induce an epileptic seizure or motion sickness, even in persons with no prior history of seizures or epilepsy. Coffee Stain takes no responsibility for such effects arising from the Game or related advertising, and you access and play the Game and view any advertising entirely at your own risk. Coffee Stain also takes no responsibility for any motion sickness or balance problems that may arise from playing the Game or viewing related advertising.
- DISPUTES
12.1 Our goal is to resolve disputes fairly and quickly. For all disputes arising out of or in connection with this EULA or the Game, you agree first to contact Coffee Stain and attempt to resolve the dispute informally by sending a written notice of your claim to Coffee Stain at [publishing@coffeestain.com]. The notice must: (a) include your name, residential address and email address and/or telephone number; (b) describe the type and basis of the claim; and (c) specify the specific relief sought. If you and Coffee Stain cannot agree on a resolution within sixty (60) days of Coffee Stain receiving such notice, either party may initiate legal proceedings in accordance with the Applicable Law clause of this EULA.
12.2 Any claims must be made in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.
12.3 Any cause of action arising out of or related to this EULA must be commenced within one (1) year after the cause of action accrues. Any cause of action not commenced within this period is permanently barred.
- Liability
13.1 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.
13.2 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.
13.3 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.
13.4 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.
13.5 Any views expressed in the Game are the views of the authors and not of us, unless we expressly specify otherwise.
13.6 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.
- Privacy
14.1 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: [link].
14.2 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 include 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.
- Severability
15.1 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.
- NO THIRD PARTY RIGHTS
16.1 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.
- NO WAIVER
17.1 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.
- APPLICABLE LAW
18.1 This EULA and your use of the Game shall be governed by and construed in accordance with the laws of Sweden, without giving effect to any principles of conflicts of law. You and Coffee Stain hereby consent to the exclusive jurisdiction of the courts of Sweden, with the District Court of Gothenburg (Göteborgs tingsrätt) as the court of first instance, to resolve any disputes arising out of or relating to this EULA or the Game. You may also have the right to bring proceedings in the courts of your country of residence under applicable mandatory consumer law.
- COMPANY AND CONTACT INFORMATION
19.1 In this EULA, “Coffee Stain”, “we”, “us” and “our” refers to:
Coffee Stain Publishing AB with its registered office at Söder Mälarstrand 65, Fl. 10, 118 25 Stockholm, Sweden and with company number 559073-7069.
Email: publishing@coffeestain.com
Social