ISSUED BY CHUCKLEFISH LIMITED (“CHUCKLEFISH”).
Last updated 12 July 2016
THIS END USER LICENSE AGREEMENT (“EULA”) APPLIES TO AND GOVERNS ALL USE OF STARBOUND.
PLEASE READ THE FOLLOWING CAREFULLY BEFORE USING, DOWNLOADING, PURCHASING OR INSTALLING STARBOUND (WHICH INCLUDES THE RELATED ONLINE SERVICE (AS DEFINED BELOW). IF YOU DO NOT AGREE WITH THE TERMS OF THIS EULA, YOU MAY NOT USE, DOWNLOAD OR INSTALL STARBOUND.
“Starbound” is a game owned by Chucklefish. In this EULA the term the “Game” refers to the game “Starbound” and includes the software and materials that are made available by Chucklefish in order for you to download, install or use it; any Online Service and each part thereof, where and to the fullest extent that the content permits or requires.
You must be at least 13 or above to use the Game.
The Game comprises of copyright works of Chucklefish or its licensors.
The Game is licensed, not sold. Your license confers no title or ownership in the Game.
The Game is solely for use by end users according to 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.
1. LIMITED USE LICENSE.
1.1 Chucklefish hereby grants, and by installing the Game you thereby accept, a limited, non-exclusive right and license to download, install and use one (1) copy of the Game for your personal, non-commercial use on compatible computers that are owned by you, subject to the terms of this EULA.
1.2 You may make available footage of you playing the Game for the purposes of Let’s Play and similar videos on YouTube or other video streaming websites.
2. END USER OBLIGATIONS.
2.1 You may use the Game for your own personal non-commercial use as described in this EULA but you are not entitled to and must not do any of the following except to the extent expressly permitted by this EULA including but not limited to section 1.2:
2.1.1 sell, distribute or otherwise transfer copies or reproductions of the Game to other parties in any way;
2.1.2 in whole or in part: copy, reproduce, translate, reverse engineer, derive source code from, modify, adapt, merge, disassemble, decompile, or create derivative works based on or of the Game;
2.1.3 remove, disable or circumvent any proprietary notices, labels or copy protection software contained on or within the Game;
2.1.4 exploit the Game or any of its parts for any commercial purpose including, but not limited to, use at a cyber or internet cafe or any other location-based site;
2.1.5 copy, reproduce, communicate, publish, stream or otherwise make available any content or materials recorded, taken or obtained from your use of the Game;
2.1.6 network the Game or otherwise install or use it (or permit its use) on more than one computer, console or handheld device at the same time nor use or permit use of the Game in a network, multi-user arrangement or remote access arrangement, including any online use otherwise than as part of the Online Service;
2.1.7 use the Game for any illegal or immoral purposes;
2.1.8 export or re-export the Game or any copy or adaptation in violation of any applicable laws or regulations;
2.1.9 create data or executable programs which mimic data or functionality in the Game;
2.1.10 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.
2.2 Where applicable law expressly provides that any of the restrictions in this EULA is not enforceable, that restriction shall apply to the fullest extent that it is enforceable.
2.3 You should back-up to another secure location, on a regular basis, any data files concerning your use of the Game as Chucklefish has no liability for lost or corrupted data.
2.4 The Game is licensed to you as a single product. Its component parts may not be separated for use on more than one computer.
2.5 Chucklefish may in its sole discretion offer additional licences to permit you to make the Game available for commercial or network use (contact Chucklefish for details).
3.1 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 (including by way of example only any titles, code, themes, objects, characters, stories, catchphrases, concepts, artworks, animations, sounds, music, audio-visual effects and methods of operation) are owned by, belong to and vest in Chucklefish or its licensors.
3.2 The Game is protected by copyright law, international copyright treaties and conventions and other laws.
3.3 All rights are asserted and reserved.
3.4 The Game may contain certain licensed materials and Chucklefish 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.
3.5 Any goodwill in the Game shall accrue to Chucklefish.
3.6 Except as specifically allowed if you translate, reverse engineer, modify, adapt, disassemble, decompile, merge or create a derivative based on the Game, the product and all end results of those acts shall belong to, vest in and be the exclusive property of Chucklefish on creation. Please see the rules governing mods if you are producing mods of the Game as these are dealt with separately.
3.7 IF AS PART OF YOUR USE OF THE GAME YOU RECEIVE OR GET ACCESS TO INFORMATION (INCLUDING SOFTWARE AND / OR DATA) THAT IS MARKED CONFIDENTIAL OR THAT MIGHT REASONABLY BE CONSIDERED TO BE CONFIDENTIAL OR NON-PUBLIC, YOU MUST KEEP THIS INFORMATION CONFIDENTIAL AND MUST NOT DISCLOSE IT OR ANY PART OF IT TO ANYONE, WITHOUT OUR WRITTEN PERMISSION, NOR USE IT FOR ANY PURPOSE OTHER THAN THAT EXPRESSLY PERMITTED BY CHUCKLEFISH.
4. GAME TRANSFER.
4.1 You may NOT transfer any of your rights under this EULA to any other person. If a third party wants to play the Game he or she may be able to obtain their own version through lawful and authorised channels but user / player progress are non-transferable.
5.1 Chucklefish encourages you to make modifications to the Game on the terms set out in the Mod Terms available here: http://community.playstarbound.com/help/mod-terms/
6.1 This EULA and the licence granted by it are effective until terminated.
6.2 You may terminate this EULA at any time by deleting and removing the Game from your personal computer (and other hardware devices) and destroying any copy of the Game in your possession.
6.3 This Licence will terminate automatically if you fail to abide by any of the terms and conditions of the EULA.
6.4 Chucklefish may additionally, at its discretion, give you notice of termination of this EULA in the event that it becomes aware that you are failing to comply with the terms and conditions of it. 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 on Chucklefish’s request certify that you have done so.
7.1 The Game may not be re-exported, downloaded or otherwise exported into (or to a national or resident of) any country to which the UK, European Union or United States of America has an embargo in force with.
8. WARRANTY AND LIMITATION OF LIABILITY.
8.1 CHUCKLEFISH WARRANTS ONLY THAT:
8.1.1 IT IS ENTITLED TO GRANT THE RIGHTS AND LICENCES GRANTED HEREUNDER;
8.1.2 IT HAS USED AND WILL USE REASONABLE EFFORTS TO ENSURE THAT THE GAME WILL BE AVAILABLE AND UPDATED FOR A REASONABLE PERIOD FROM THE DATE ON WHICH YOU PURCHASED THE GAME.
8.2 EXCEPT AS SPECIFICALLY PROVIDED IN THIS EULA AND TO THE MAXIMUM EXTENT PERMITTED BY LAW:
8.2.1 THE FOREGOING WARRANTIES SET OUT ABOVE DEFINE IN FULL THE EXTENT OF CHUCKLEFISH’S LIABILITY, WARRANTIES AND YOUR REMEDIES AND CHUCKLEFISH ONLY ACCEPTS LIABILITY FOR DIRECT LOSS AS A RESULT OF ITS BREACH OF THOSE WARRANTIES SUBJECT AS SET OUT IN THIS EULA;
8.2.2 CHUCKLEFISH AND ITS LICENSORS LIABILITY WILL BE LIMITED TO THE FEE PAID BY YOU FOR THE RIGHT TO USE THE GAME;
8.2.3 CHUCKLEFISH EXCLUDES ANY AND ALL LIABILITY FOR ALL REPRESENTATIONS (EXCEPT FRAUDULENT REPRESENTATIONS), WARRANTIES, CONDITIONS AND OTHER TERMS WHICH BUT FOR THIS NOTICE WOULD HAVE EFFECT;
8.2.4 CHUCKLEFISH 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, COMPUTER 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;
8.2.5 THE GAME IS NOT FOR COMMERCIAL USE OR USE IN A COMMERCIAL ENVIRONMENT AND CHUCKLEFISH AND ITS LICENSORS WILL NOT IN ANY EVENT BE LIABLE IN ANY WAY FOR ANY COMMERCIAL DAMAGE OR LOSS;
8.2.6 CHUCKLEFISH 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 CHUCKLEFISH OR ITS LICENSORS) AFTER IT HAS BEEN BOUGHT;
8.2.7 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;
8.2.8 CHUCKLEFISH DOES NOT WARRANT THAT THE OPERATION OF THE GAME WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ERRORS CAN BE CORRECTED;
8.2.9 YOU INSTALL AND USE THE GAME AT YOUR OWN RISK.
8.3 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 CHUCKLEFISH’S NEGLIGENCE.
9. INDEMNITY AND REMEDIES.
9.1 You hereby indemnify, defend and hold harmless Chucklefish and Chucklefish’s affiliates, officers, directors, owners, licensors, service providers, partners, contractors, employees, agents and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liabilities, claims, costs and expenses (including legal expenses and attorney’s fees) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this EULA or claims arising directly or indirectly from your use or misuse of the Game (which includes the Online Service), any User Content (as defined below) and any negligent or improper use of your password and username; and / or any use otherwise than in accordance with the terms of this EULA. You shall fully cooperate with Chucklefish in the defence of any such claim and Chucklefish reserves the right, at Chucklefish’s own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you.
9.2 You further agree that the subject matter of this EULA is of a unique character with special value and that Chucklefish would be irreparably damaged if the terms of this EULA were not specifically enforced, and therefore you agree that Chucklefish shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies (including injunctive relief) with respect to breaches of this EULA, in addition to such other remedies as Chucklefish may otherwise have available to it under applicable laws.
9.3 Chucklefish’s licensors shall be third-party beneficiaries under this EULA and shall have the express right to enforce its provisions and to enjoy the benefits of its protections.
10.1 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.
11. CHANGES AND APPLICABLE LAW.
11.1 To the maximum extent permitted by the local law applicable in the country in which you obtain or use the Game (including the Online Service), your use of the Game and this EULA are subject to English Law.
11.2 In the event that English Law cannot apply in the country you obtained or use the Game, local law will apply.
11.3 The Game (and each part of it, including the Online Service) is intended for use and may only be used in countries where all such use is lawful.
11.4 Chucklefish reserves the right, at its sole discretion, to modify or replace any part of this EULA and related terms. It is your responsibility to check this EULA periodically for changes. Your continued use of or access to the Game following the posting of any changes constitutes acceptance of those changes.
12. ONLINE SERVICE AND USER CONTENT.
12.1 Chucklefish provides and maintains certain online functionality, online network play connectivity and interactivity and other online features relating to the Game (the “Online Service“) subject to the terms and conditions of this EULA. In connection therewith the following additional terms apply:
12.1.1 The Online Service is for personal use only, on an “as is” basis and all use must be in accordance with the terms of this EULA.
12.1.2 Chucklefish is engaged in the business of marketing and publishing the Game and providing the related entertainment services in the form of the Online Service. Ancillary to that it is engaged in the transmission, storage, retrieval, hosting, formatting or translation of your and other third party content, information and communications (“User Content”) without selection or alteration of the content of the communication for which it is a mere conduit.
12.1.3 In connection with the use of the Game and the Online Service ONLY and subject to the terms of this EULA, you may and are hereby granted a limited, non-exclusive license and right to use the software that forms part of the Game and the Online Service to communicate with other users of the Game using the Online Service and post, transmit, communicate and to make available User Content. The applicable parts of the Game and the Online Service may only be used for such User Content. By doing so you hereby grant to Chucklefish an unrestricted, transferable, sub-licensable, royalty free, perpetual, irrevocable, non-exclusive right and licence to use and make available any such User Content in any manner or media.
12.1.4 To use the Online Service you must be over the age of 18 years or else have your parent’s or guardian’s consent to do so on these terms. By using the Online Service you therefore confirm that you are over 18 years of age or else have your parent’s or guardian’s consent (in which case your parent or guardian has read and agreed to these terms).
12.1.5 You agree and accept that Chucklefish has no responsibility to review any User Content all of which is made available on the basis that Chucklefish shall not be required to exercise any control or judgement of the content or the material posted or contained therein.
12.1.6 The views expressed in any User Content are the views of the individual authors and not those of Chucklefish unless specified otherwise by Chucklefish. In particular but without limitation to the above Chucklefish is not responsible for and disclaims all liability in respect of any comments, views or remarks expressed in any User Content.
12.1.7 Chucklefish gives no warranty and makes no representation as to the accuracy, currency or validity of the information and material contained within the User Content or the Online Service and shall not be responsible for any loss or damage caused as a result of any use of such information or material.
12.1.8 You agree and undertake that you will not post, communicate, transmit or make available to or through the Online Service any User Content, statement, material, communication or content that:
(a) is unlawful or which gives rise to civil or criminal liability;
(b) infringes the intellectual property rights of any third party;
(c) assists piracy including any requests for CD keys or pirated software;
(d) is technically harmful such as computer viruses, worms, logic bombs or other malicious software or harmful data;
(e) is abusive, seditious, sexist, pornographic, homophobic, defamatory, libellous, discriminatory, obscene or racist;
(f) harasses any person;
(g) may be deemed a marketing or commercial communication or promotes the products or services of any person other than Chucklefish or the Game;
(h) promotes any illegal or unlawful activity including but not limited to solicitation, gambling or the sale of prescription medicines;
(i) is aimed at persons under the age of 18 or which seeks or attempts to make any arrangement to meet a person under the age of 18;
(j) contains any restricted material, including but not limited to passwords, medical information or confidential information of any person; or
(k) solicits, invites, encourages, advocates, incites or provokes any or all of the foregoing.
12.2 You further agree that in any activity undertaken following use of and related to your use of the Online Service you will not in any way conduct yourself in a manner which is unlawful or which gives rise to civil or criminal liability or which might call into disrepute the Online Service, Chucklefish or the Game.
12.3 Chucklefish shall be entitled to remove, restrict, suspend or alter any user account and any User Content (and the ability to share or create User Content) for any reason in its sole and absolute discretion including because the use or User Content might be unacceptable as described in this EULA.
12.4 If you discover User Content which you believe contravenes this EULA please notify Chucklefish at the address stated below with details of the page you found it on.
13. ONLINE SERVICE ACCOUNTS.
13.1 In order to use the Online Service you will need to register at playstarbound.com, for which you will need to submit certain information and choose a username and a password.
13.2 You warrant and undertake that all the information supplied during registration is truthful, complete and correct. In the event that the information you have supplied is incomplete or incorrect the indemnity above will apply.
13.3 You accept and understand that you are obliged to ensure that all information held about you by Chucklefish is up to date and that you can amend your registration details at any time through the Online Service.
13.4 The username and password chosen by and issued to you upon registration with Chucklefish is personal to you in order to facilitate your use of and access to the Online Service and shall not be disclosed to any third party without Chucklefish’s prior written consent.
13.5 In the event that you believe your username, password or account to have been compromised you must inform Chucklefish immediately.
13.6 You agree that you are and shall remain responsible for maintaining the confidentiality of your password and username.
13.7 You accept and understand that you are solely liable for any use of the Online Service undertaken by use of your username and password whatsoever. DO NOT SHARE YOUR USERNAME OR PASSWORD WITH ANY OTHER PERSON OR ALLOW ANY OTHER PERSON TO USE YOUR ACCOUNT. CHUCKLEFISH IS NOT LIABLE FOR ANY NEGLIGENT OR IMPROPER USE OF YOUR USERNAME, PASSWORD OR ACCOUNT OR ANY USE BY ANY THIRD PARTY.
13.8 By using the Online Service you confirm that you have the necessary hardware, software and capability required to do so and that Chucklefish and its licensors shall have no liability in relation to hardware, software or anything else required to make use of the Game or Online Service.
14. ONLINE SERVICE WARRANTY AND LIABILITY.
14.1 Chucklefish will use reasonable efforts to make the Online Service available for one year from the date on which you download the Game, subject as set out in this EULA.
14.2 Chucklefish will not be liable in any amount for failure to perform any obligation under this EULA if such failure is caused by the occurrence of any unforeseen contingency beyond its reasonable control including without limitation Internet outages, communications outages, fire, flood, war or act of God.
14.3 Except as provided above there are no other warranties, conditions or other terms, express or implied, statutory or otherwise, and all such terms are hereby excluded to the maximum extent permitted by law.
14.4 To the maximum extent permitted by law, Chucklefish gives no warranty in connection with the Online Service and excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect, punitive or consequential loss whether or not such arises out of any problem you notify to Chucklefish and Chucklefish shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:
14.4.1 the availability of the Online Service;
14.4.2 any incorrect or inaccurate information on the Online Service and all errors, interruptions to or delays in updating the Online Service;
14.4.3 the infringement by any person of any Intellectual Property Rights of any third party caused by their use of the Online Service;
14.4.4 any amount or kind of loss or damage due to viruses or other malicious software that may infect a user’s computer equipment, software, data or other property caused by persons accessing, using or downloading the Online Service, or from transmissions via emails or attachments received from Chucklefish or its licensees;
14.4.5 the availability, quality, content or nature of the other sites on the internet that are owned and operated by third parties (“External Sites”) to which the Online Service links and web sites located on or through any External Site, nor for any transactions involving External Sites (including as to ‘cookies’, personal data, confidential information, or purchases of domain names or other services). You should contact the website administrator or webmaster for those External Sites if you have any concerns regarding such links, web sites or transactions;
14.4.6 all representations, warranties, conditions and other terms which but for this notice would have effect.
14.5 Chucklefish does not warrant that the operation of the Online Service will be uninterrupted or error free or that any error or interruption can or will be corrected.
14.6 Chucklefish cannot guarantee that the Online Service or a particular part of the Online Service or User Content will always be available.
You use the Online Service at entirely your own risk. It is a known risk of internet usage that people are not necessarily who they say they are. People may provide information or behave in a way that is unreliable, misleading, unlawful or illegal. Chucklefish has no way of telling if statements made by other users are true. This is a decision that can only be made by you and the exercise of some degree of caution is recommended. By using the Online Service and its parts you accept that this is the case and accept the risk associated with it. Users must take particular care in relation to the disclosure of their own personal information.
15. CONSUMER RIGHTS.
15.1 These terms above 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 Chucklefish’s liability for death or personal injury resulting from its negligence nor any fraudulent representation.
16. EULA ACKNOWLEDGEMENT.
You hereby acknowledge that you have read and understand the foregoing EULA and agree that the action of installing the Game is an acknowledgement of your agreement to be bound by the terms and conditions of this EULA contained herein. You also acknowledge and agree that this EULA is the complete and exclusive statement of the agreement between Chucklefish and you and that this EULA supersedes any prior or contemporaneous agreement, either oral or written, and any other User Content between Chucklefish and you.
For the purpose of the Data Protection Act 1998, the data controller is Chucklefish Limited
Registered company number: 07664836 England, UK
Registered company address: 64 Southwark Bridge Road, London SW1 0AS, United Kingdom
All questions, comments or enquiries should be directed:
By email to Chucklefish at [email protected]
Chucklefish may make alterations to this EULA and its terms and conditions from time to time and these variations shall become effective immediately upon being accessible from www.playstarbound.com/EULA/
© 2014 Chucklefish Limited
The Game and Chucklefish (and their respective logos) are trade marks or registered trade marks of Chucklefish Limited. The Game is a fictitious work set in an imagined world. All characters appearing in this work are fictitious. Any resemblance to real persons, living or dead, is purely coincidental.