END USER LICENSE AGREEMENT
Last update: December 13, 2016
I. Introduction and End User License Agreement
Welcome and thanks for your interest in RANGI, a virtual reality adventure puzzle game offered by Digigo Ireland Ltd (Digigo). RANGI may be played by downloading it Digigo’s authorized partners (hereinafter “commonly referred to as “Digigo’s Partners”) and using it on your device.
By playing RANGI (the “Game”), you acknowledge that you have read, understood, and agree to the most recent version of this End User License Agreement (“EULA”).
This EULA describes the terms and conditions under which you may use and play RANGI. Digigo reserves the right to revise this EULA at any time. If we do, we will post the modified EULA on this page and indicate the date of the most recent change above. You agree to read all notifications we send you and to periodically check this page for updates. Your continued use of the Game constitutes your consent to be bound by this EULA. If you object to any changes, your sole recourse is to cease use of the Game.
A. Limited License
To play RANGI, you must: (i) pay a fee, as charged by Digigo’s Partners, for your copy of RANGI; (ii) download a copy of RANGI to an authorized gaming device and (iii); comply with this EULA.
You may use only one copy of the Game. You must pay for and download a separate copy of the Game for each device you intend to use to access and play the Game on; e.g., if you have 2 devices, you must have 2 licensed copies of the Game.
Subject to compliance with these terms and conditions of this EULA, Digigo is granting you a non-exclusive, non-transferable, revocable limited license to access the Game for your own non-commercial entertainment purposes only. You agree not to use the Game for any other purpose. If you violate any terms of this EULA, we reserve the right to terminate your license without notice.
B. Software Updates
Digigo may from time to time update or otherwise modify the Game electronically, or require you to install updates, patches or fixes to the Game (“Updates”). Updates may change the Game’s terms, conditions, features, items, mechanics, or any other element of the Game. You must install such Updates before you will be allowed to proceed to play the Game. If you fail to install the new release when required, Digigo shall not be responsible in any way for your inability to play RANGI, and you shall not be entitled to receive a refund of any prepaid fees or any other form of compensation.
C. New Releases of the Software
You are not entitled to receive any new releases of the Game, or any expansion packs, updates, upgrades or similar products under the EULA, but Digigo may, in its sole discretion, offer any or all of the foregoing to you. Digigo may provide new releases or otherwise enhance the Game at any time, in its sole discretion, without obligation to you. Any such new release or other enhancement of the Game may change the Game’s terms, conditions, features, items, mechanics, or any other element of the Game. Periodically, Digigo will require all users to migrate to new releases of the Game in order to continue to play it. If you fail to update the Game and install the new release when required, Digigo shall not be responsible in any way for your inability to play RANGI, and you shall not be entitled to receive a refund of any prepaid fees or any other form of compensation.
A. By Digigo for Termination of the Game
Digigo does not guarantee that it will continue to support the Game indefinitely. Digigo may, in its sole discretion, cease to provide any or all of the items or services offered in connection with RANGI (including patches and updates) and terminate the EULA. Digigo may communicate such termination to you upon 30 days’ notice in any of the following manners: (i) when you log into your Account(ii) in a notice on Digigo’s website; (iii) via electronic mail; or (iv) in another manner that Digigo deems suitable to inform you of the termination. If Digigo terminates the EULA pursuant to this section, you will not be entitled to receive a refund of any Fees.
B. By Digigo for Breach of this EULA
Digigo, in its sole discretion, may immediately and without notice terminate the EULA and cancel all rights granted to you under the EULA if: (i) you fail to pay the fee when due; (ii) Digigo is unable to verify or authenticate any information you provide; (iii) you or anyone using accessing RANGI materially breaches the EULA, makes any unauthorized use of the Game, or infringes the rights of Digigo or any third party; or (iv) Digigo becomes aware of gameplay that is, in Digigo’s discretion, inappropriate, offensive, or in violation of the rules of conduct. Digigo may, but is not obligated to, provide notice of termination via electronic mail, or any other means reasonably calculated to reach you.
Termination by Digigo under this section shall be without prejudice to or waiver of any and all of Digigo’s other rights or remedies, all of which are expressly reserved, survive termination, and are cumulative. You will not be entitled to receive a refund of any fees for a termination pursuant to this section.
C. By the user
Termination of EULA
You may terminate the EULA upon notice to Digigo via electronic mail. Upon termination of the EULA, you must cease playing and/or accessing the Game immediately. Upon termination of the EULA, you will not be entitled to receive a refund of any fees in the event of such termination.
Change in the EULA
If an amendment alters a term of the EULA that is unacceptable to you, you may, as your sole and exclusive remedy, terminate the EULA. You may terminate the EULA by notifying Digigo via electronic mail to Digigo at RANGI within thirty (30) days after the amended EULA was communicated to you, provided that you have not downloaded, accessed or played the Game during that period. Your notice must state that you do not agree to the amended EULA, specifically describing the amendment(s) with which you disagree, and that you wish to terminate the EULA. You will not be entitled to receive a refund of any fees in the event of such termination. If you download and/or continue to access or play the Game, you shall be deemed to have accepted the amended EULA and waive your rights to terminate under this section.
D. Effects of Termination
If for any reason the EULA is terminated, all rights granted to you under the EULA will terminate, unless expressly reserved by applicable law. You must discontinue your use of the Game, you may not access or play the Game, and all the acquired attributes within the game, including, but not limited to progress, will be lost. If for any reason the EULA is terminated, you will not be entitled to compensation for the past time you spent playing RANGI, or for any other compensation.
IV. User Code of Conduct
A. Specifically Restricted Conduct
Your license to play the Game is subject to proper conduct. Without limiting Digigo’s rights to control the Game environment, and the conduct of the players within that environment, Digigo prohibits the following practices:
- You may not use your own or third-party software to modify any content appearing within the Game environment or change how the Game is played.
- You may not use your own or any third-party software, macros or other stored rapid keystrokes or other patterns of play that facilitate gameplay, including progress and/or acquisition of items, rank or status when compared with ordinary Game play. You may not rewrite or modify the user interface or otherwise manipulate data in any way to acquire items, character attributes or beneficial actions not actually acquired or achieved in the Game.
- You may not use any information accessible through the Game, to bypass the Game architecture or create or provide any other means through which the Game may be accessed and/or the Game may be played by others, as, for example, through server emulators.
- You may not submit any content to any chat room or other public forum hosted by Digigo that is harassing, abusive, threatening, harmful, obscene, libellous or defamatory, encourages conduct that could constitute a criminal offense or give rise to civil liabilities, or is unlawful in any other way, including without limitation the submission of content that infringes on a third-party’s intellectual property rights.
B. Compliance with Rules of Conduct
VI. Proprietary Rights
As between the user and Digigo, Digigo is the sole and exclusive owner of the Game and Game Content (as defined below). The Game and all Game Content are protected by law governing copyrights, trademarks and other proprietary rights. Digigo reserves all rights not expressly stated herein. The Game is comprised of, without limitation, software code, programs, routines, subroutines, objects, files, data, characters (and items, objects and attributes comprising or associated with a character), graphics, sound effects, music, animation, video, text, content, design and other information downloaded from and accessible through the Internet when applicable (collectively, the “Game Content”). Digigo, its affiliates, licensors and/or suppliers retain all of their right, title and interest (including without limitation all intellectual property rights) in and to the Game and all Game Content, and no rights thereto are transferred to the user, except for the limited license granted above. The user hereby irrevocably, and without additional consideration beyond the rights granted to the user herein, assigns to Digigo any and all right, title and interest the user has, including copyrights, in or to any and all information the user exchanges, transmits or uploads while playing the Game, including without limitation all files, data and information. The assigned rights include the right to lease and assign the rights and make changes to the information. To the extent that any such rights are not assignable, the user hereby grants Digigo an exclusive, perpetual, worldwide, irrevocable, assignable, royalty-free license, fully sub-licensable through multiple tiers, to exercise all intellectual property and other rights, in and to all or any part of such information, in any medium now known or hereafter developed. Violation of Digigo’s proprietary rights is a material breach of the EULA, in the event of which Digigo may terminate the EULA and take whatever additional action Digigo deems appropriate under the circumstance. The foregoing is without prejudice to or waiver of any and all of Digigo’s other rights and remedies, all of which are expressly reserved, survive termination, and are cumulative.
VII. Warranties, Damages and Limitation of Liability
The Game, all Game Content, and all other services and material provided in connection therewith, are provided “AS IS,” with all faults, and without warranty of any kind. The user assumes all risk of use and all risk associated with playing the Game. Digigo disclaims all warranties, whether express or implied, including without limitation the warranties of merchantability, fitness for particular purpose and non-infringement. There is no warranty against interference with the user’s enjoyment of the Game. Digigo does not warrant that the operation of the Game or the user’s access to the Game, or that the user’s use of the Game will be uninterrupted or error-free, or that the Game will be compatible with the user’s hardware and software. In the event of a malfunction of, or the user’s inability to use, the Game the user has downloaded, the user’s sole and exclusive remedy shall be a replacement download, and Digigo shall have no liability for the faulty download. Under no circumstances shall Digigo, its affiliates, Digigo’s Partners, licensors or suppliers be liable to the user or to any third party for any special, indirect, incidental, consequential, punitive or exemplary damages (including without limitation, lost profits or lost or corrupted data), arising out of or in connection with the Game, Game Content, the EULA, or any other services or materials provided in connection therewith, whether based on warranty, contract, tort or any other legal theory, and whether or not Digigo is advised of the possibility of such damages, and even if any stated remedy fails of its essential purpose. Nothing in this EULA shall limit any party’s liability in respect of fraud, death, personal injury, or anything else in respect of which liability may not be limited as a matter of law. If any of the foregoing disclaimers or limitations of liability in this Section 9 or elsewhere in the EULA are declared to be void or unenforceable, then Digigo’s liability shall be limited to the maximum extent permissible under applicable law. The remedies set forth herein are exclusive and in lieu of all other remedies, oral or written, express or implied.
The user shall defend, indemnify and hold harmless Digigo and its affiliates, licensors and suppliers, and their respective employees, contractors, officers and directors, from any and all claims, loss, damages and demands, including reasonable attorneys’ fees, arising out of: (1) the user’s use or misuse of the Game; (2) any activities conducted with the user’s copy of the Game (whether by the user or another person); and (3) the user’s playing of the Game.
X. Seizure Warning
In rare instances, some users may experience seizures when exposed to certain light patterns or flashing lights. Exposure to certain light patterns or backgrounds on a virtual reality device may induce an epileptic seizure, even in persons who have no history of prior seizures or epilepsy. Players using virtual reality hardware shall carefully review all health and safety warnings from their respective manufacturers before use.
XI. Governing Law and Jurisdiction
The EULA, and the rights and obligations of the parties hereto, shall be governed and construed by and in accordance with the material laws of the Republic of Ireland, without regard to its rules on conflicts of laws. The EULA shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
Notwithstanding the foregoing, Digigo shall be entitled to issue legal proceedings against the user in any other competent jurisdiction. This includes without limitation that Digigo shall be entitled to seek injunctive relief in any jurisdiction in which this EULA is being breached or Digigo’s interests are being prejudiced.
The EULA will be published in English. The EULA may be translated into one or more additional languages for convenience of the reader. If the EULA is published in any language other than English, the English language version of the EULA will be the governing agreement and shall control all interpretation thereof.