END USER LICENSE AGREEMENT
IMPORTANT PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE CONTINUING WITH INSTALLATION OF ANY OF OUR SOFTWARE PRODUCTS.
End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and AtomicTorch Studio Pte. Ltd. ("AtomicTorch Studio", "us", "we", "our") for all AtomicTorch Studio software products which may include associated software program, components, patches, updates, media, content, printed materials, and online or electronic documentation ("SOFTWARE PRODUCT").
By installing, copying, downloading, or otherwise using the SOFTWARE PRODUCT, and any other materials included with the software, you agree to be bound by the following agreements:
(i) the terms of this EULA, also available at: https://atomictorch.com/Pages/EULA
(ii) the Terms of Service available at https://atomictorch.com/Pages/Terms-of-Service
(iii) AtomicTorch Studio Privacy Policy available at https://atomictorch.com/Pages/Privacy-Policy
The Terms of Service and the Privacy Policy are incorporated herein by this reference. The SOFTWARE PRODUCT is distributed solely for use by authorized end users according to the AtomicTorch Studio ToS. Any use, reproduction, modification or distribution of the SOFTWARE PRODUCT not expressly authorized by the terms of this EULA is expressly prohibited.
if you do not agree to all the terms of this agreement, you are not permitted to open, download, install, copy, or otherwise use the SOFTWARE PRODUCT.
The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. This SOFTWARE PRODUCT is licensed, not sold.
This EULA may be periodically updated and the current version will be posted at https://atomictorch.com/Pages/EULA . Your continued use of the SOFTWARE PRODUCT after a revised Agreement has been posted constitutes your acceptance of its terms.
1. GRANT OF LICENSE.
Subject to your agreement and continuing compliance with this EULA and ToS, AtomicTorch Studio hereby grants to you a limited, personal, nonexclusive, nontransferable, non-assignable and fully revocable license to:
(a) install the SOFTWARE PRODUCT on one or more computers running a validly licensed copy of the operating system for which the SOFTWARE PRODUCT was designed [e.g., Windows XP, Windows 7, Windows 8, etc.] owned by you or under your legitimate control, for your personal, non-commercial entertainment purposes only.
(b) you may also make copies of the SOFTWARE PRODUCT as may be necessary for backup and archival purposes.
2. OTHER RIGHTS AND LIMITATIONS.
(a) Maintenance of Copyright Notices.
You must not remove or alter any copyright notices on any and all copies of the SOFTWARE PRODUCT.
(b) Distribution.
You may not distribute copies or parts of the SOFTWARE PRODUCT to third parties.
(c) Prohibition on Reverse Engineering, Decompilation, and Disassembly.
You may not reverse engineer, decompile, disassemble or derive source code from the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
(d) Rental.
You may not rent, lease, or lend the SOFTWARE PRODUCT.
(e) Communication
You may not intercept, emulate or redirect the communication protocols used by AtomicTorch Studio in any way, for any purpose. As well as facilitate, create or maintain any unauthorized connection to the SOFTWARE PRODUCT or the AtomicTorch Studio Sites or Servers.
(f) Compliance with Applicable Laws.
You must comply with all applicable laws regarding the use of the SOFTWARE PRODUCT.
(g) Support Services.
AtomicTorch Studio may on its sole discretion provide you with support services related to the SOFTWARE PRODUCT ("Support Services"). Any supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA.
(h) Patches and Updates.
AtomicTorch Studio may find it necessary to make updates, or patches to the SOFTWARE PRODUCT, or change certain parameters to balance gameplay and usage of AtomicTorch Studio services. AtomicTorch Studio reserves the right to make these updates and is not liable to you for these changes.
3. USER CREATED CONTENT FOR SOFTWARE PRODUCT.
User created content for the SOFTWARE PRODUCT and other game materals created by users of the SOFTWARE PRODUCT (herein "USER CREATED CONTENT") includes, but is not limited to: mods, addons, patches, expansions, software tools, plugins or other files and assets that are intended for use in the SOFTWARE PRODUCT or to be used directly in conjunction with SOFTWARE PRODUCT.
(a) All USER CREATED CONTENT created by you is exclusively owned by AtomicTorch Studio and you hereby transfer, assign and convey to AtomicTorch Studio all rights, title and interest in and to all USER CREATED CONTENT.
(b) AtomicTorch Studio may use any USER CREATED CONTENT made publicly available for any purpose whatsoever, including but not limited to for purposes of advertising and promoting the SOFTWARE PRODUCT.
(c) USER CREATED CONTENT must be distributed solely for free.
(d) You will not use or permit third parties to use the USER CREATED CONTENT created by you for any commercial purposes, including but not limited to distributing, leasing, licensing, renting, selling, or otherwise exploiting, transferring or assigning the ownership of such USER CREATED CONTENT.
(e) USER CREATED CONTENT shall not contain modifications to any executable files of the SOFTWARE PRODUCT unless otherwise specified in writing by the AtomicTorch Studio.
(f) USER CREATED CONTENT must be used as-is and can be created if the USER CREATED CONTENT will be used exclusively in combination with the officially released and unmodified version of the SOFTWARE PRODUCT.
(g) USER CREATED CONTENT cannot contain defamatory or other illegal material, materials that are scandalous or invade the rights of privacy or publicity of any third party, or contains any trademarks, copyright-protected works or other property of third parties (without a valid license).
(h) All USER CREATED CONTENT must contain the proper credits to the authors of the USER CREATED CONTENT and must indicate that AtomicTorch Studio is not the author of the USER CREATED CONTENT or that it is endorsed by AtomicTorch Studio.
4. TERMINATION.
Without prejudice to any other rights, AtomicTorch Studio may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT in your possession.
5. COPYRIGHT.
All title, including but not limited to copyrights, in and to the SOFTWARE PRODUCT and any copies thereof are owned by AtomicTorch Studio or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE PRODUCT 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 expressly granted are reserved by AtomicTorch Studio.
6. NO WARRANTIES.
AtomicTorch Studio expressly disclaims any warranty for the SOFTWARE PRODUCT. The SOFTWARE PRODUCT is provided "AS IS" without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, noninfringement, or fitness of a particular purpose. AtomicTorch Studio does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the SOFTWARE PRODUCT. AtomicTorch Studio makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, malware, or other such computer program. AtomicTorch Studio further expressly disclaims any warranty or representation to Authorized Users or to any third party.
7. LIMITATION OF LIABILITY.
In no event shall AtomicTorch Studio be liable for any damages (including, without limitation, lost profits, business interruption, or lost information) rising out of 'Authorized Users' use of or inability to use the SOFTWARE PRODUCT, even if AtomicTorch Studio has been advised of the possibility of such damages. In no event will AtomicTorch Studio be liable for loss of data or for indirect, special, incidental, consequential (including lost profit), or other damages based in contract, tort or otherwise. AtomicTorch Studio shall have no liability with respect to the content of the SOFTWARE PRODUCT or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information.
8. MODIFICATIONS.
AtomicTorch Studio reserves the right, at its sole discretion, to modify or replace any part of this EULA. It is your responsibility to check this EULA periodically for new information and possible changes. We may modify this document at any time. All changes are effective immediately upon posting the updates and the effect of these changes could be retroactive. When we make any changes, we will revise the updated date at the bottom of this page. Your continued use of the SOFTWARE PRODUCT following the posting of any changes to this EULA constitutes acceptance of those changes. If at any point you do not agree to any portion of this EULA, you must immediately stop using Product.
9. MISCELLANEOUS
If any part of this agreement is held invalid or unenforceable, that portion shall be interpreted in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of AtomicTorch Studio, and the remaining portions shall remain in full force and effect.
10. GOVERNING LAW/JURISDICTION.
You agree that this agreement shall be interpreted and construed in accordance with the laws of Singapore and that should any claims be brought against AtomicTorch Studio related to this agreement it shall be brought within a court of competent jurisdiction within Singapore.
11. ENTIRE AGREEMENT; SEVERABILITY.
This EULA constitutes the complete and exclusive agreement between you and AtomicTorch Studio with respect to the subject matter hereof, and supersedes all prior or contemporaneous oral or written communications, proposals, representations, understandings or agreements not specifically incorporated herein. If any provision of this EULA is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.
This document was last updated on August 07, 2016
