Feverdream™: Rainbow Chaser END USER LICENCE AGREEMENT

PLEASE READ THESE LICENCE TERMS CAREFULLY YOU AGREE TO THESE TERMS WHEN YOU DOWNLOAD OUR GAME

We license use of the Game and Documentation to you on the basis of this Agreement. We do not sell the Game or Documentation to you. At all times, we remain the owner of the Game, the Documentation and all content made available to you.

To access and play the Game, you must be aged 13 or over. If you are aged between 13 and 18 then you must ensure that your parent or legal guardian has read over these terms and that they have agreed to them on your behalf. By downloading the Game, you are confirming that you are either 18 years of age or above or that you are between 13 and 18 and have parental or legal guardian permission to download the Game. We may immediately terminate your Account and stop your access to the Game if we are not satisfied that acceptance by the parent or legal guardian has been given.

For playing via a computer, the minimum and recommended system requirements have been made known to you prior to download on the Game’s Epic Games Store listing. The minimum system requirements required to use the Game may change over time and as the Game may evolve. You acknowledge and agree that it is your responsibility, not ours, to maintain and/or upgrade your equipment and connectivity to enable continued use of the Game.

It is also your responsibility to maintain a live and functioning internet connection to enable the online gameplay featured in the Game.

EPIC ACCOUNTS

Regardless of whether you are playing on PlayStation or on your computer, you will need to set up an Epic Games account to play as the Game uses the Epic Account system for authentication.

It is your responsibility to ensure that you are eligible for an Epic Games account and we are not responsible for any incorrect information you may provide in setting up an Epic Games account.

The Game uses Epic Online Services, operated by Epic Games, Inc. Epic Online software is integrated into the Game’s software and the version of the Epic Online software operating within the Game will be updated to the latest version made available by Epic Games, without any notice being provided. The Epic Online Services are required for online and communications functionality to operate as intended. More information can be found at https://dev.epicgames.com/services.

The Game includes Easy Anti-Cheat software, this being anti-cheating software provided by Epic Games, Inc. This service is intended to counter hacking and cheating in multiplayer PC games.

TERMS RELATING TO PURCHASING OR PLAYING VIA PLAYSTATION

You understand that this Agreement is between you and us and not between you and any Sony Interactive Entertainment (“SIE”) group company. We are solely responsible for the Game and its content.

Each SIE group company is a third party beneficiary of this Agreement.

In respect of purchases of the Game through the PlayStation Store operated by SIE America (“SIEA”):

Purchase and use of items are subject to the Network Terms of Service and User Agreement. This online service has been sublicensed to you by Sony Interactive Entertainment America.

In respect of purchases of the Game through the PlayStation Store operated by SIE Europe (“SIEE”):

Any content purchased in an in-game store will be purchased from Sony Interactive Entertainment Network Europe Limited (“SIENE”) and be subject to PlayStation™ Network Terms of Service and User Agreement which is available on the PlayStation™ Store. Please check usage rights for each purchase as these may differ from item to item. Unless otherwise shown, content available in any in-game store has the same age rating as the game.

LINKING EPIC GAMES AND PLAYSTATION ACCOUNTS

It is possible to link one Epic Games account to one PlayStation™ Network account in relation to the Game. Please note that once linked, no changes can be made so please ensure that you link together the correct accounts.

Provided you agree to the terms and conditions set out in this Agreement and continue to comply with them, we grant a limited licence to you to install the Game on your computer or console (Device) and to use the Game, as more fully set out under sections 1 and 2 below.

BY INSTALLING OR OTHERWISE USING THE GAME, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY ALL TERMS OF THIS AGREEMENT.  IF YOU DO NOT AGREE TO ALL TERMS OF THIS AGREEMENT, THEN YOU ARE NOT PERMITTED TO INSTALL OR USE THE GAME. BY DOWNLOADING, INSTALLING, PLAYING OR OTHERWISE USING THE GAME, YOU ACKNOWLEDGE THAT YOU ARE AGREEING TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.

AGREED TERMS

• Grant and scope of licence, minor changes, updates

• In consideration of you agreeing to abide by the terms of this Agreement, the Licensor hereby grants to you, and you hereby accept, a personal, limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to install and play the Game on your compatible Device. Any and all uses of the Game (including any further content, however obtained) are subject to the terms of this Agreement.

• You may:
• install and use the Game for only personal, non-commercial, entertainment purposes and the Game and Documentation are not to be used or exploited in any other way; and
• receive and use any supplementary Game code or updates of the Game incorporating "patches" and corrections of errors as may be provided by us from time to time (but see sections 1.3 and 1.4).

• We may update or modify the Game by way of patches or require you to update the Game from time to time, to include additional security or anti-cheat features. We may do this without your knowledge, and you hereby provide your consent to us deploying, installing and applying such patches, updates and modifications to the copy of the Game on your Device each time you launch the Game, or automatically in the background, with or without additional notification to you. If you do not agree to install additional security or anti-cheat features or seek to disable such features, the licence granted to you will automatically terminate and you may not make further use of the Game. If we detect that your Device is using cheat software or modifications or that anti-cheating features are being circumvented, we can exercise all rights available to us under this Agreement.

• We give no guarantees or commitments as to supporting the Game on all Devices. The Game may be upgraded to reflect changes in operating system requirements from time to time, but the Licensor makes no promises or guarantees as to the duration for which the Game will be supported on any system specification.

• Restrictions

• Any use of the Game in breach of the limitations set out below (or as may otherwise be set out in this Agreement) is an unauthorised use and will therefore be outside of the licensed use granted to you and will be regarded as an infringement of our rights in copyright and other intellectual property in the Game. Except as expressly set out in this Agreement or as permitted by any local law, you undertake:
• not to: (i) rent, lease, sub-license, distribute, loan, translate, merge, adapt, vary, alter or modify, the whole or any part of the Game or Documentation; nor (ii) permit the Game or any part of it to be combined with, or become incorporated in, any other programs that are not provided by us; nor (iii) use any part of the Game for commercial purposes, except displaying footage of you playing the Game on a social media platform which may be viewed by others (including audio or music from the Game) shall be a permitted action but you should not combine images or video of the Game with any content (including music) that you do not have the rights to use;
• not to disassemble, de-compile, derive source code from, reverse engineer or create derivative works based on the whole or any part of the Game nor attempt to do any such things, except to the extent as may be permitted by law;
• not to access or attempt to access areas of the Game or the associated service or Game servers which are not readily available to users;
• not to modify or cause to be modified any files that are part of the Game in any way not expressly authorised by us, nor to remove any proprietary notices;
• not to provide, or otherwise make available, the Game in any form, in whole or in part (including, but not limited to, program listings, object and source program listings, object code and source code) to any person without prior written consent from us;
• not to disrupt or assist in the disruption of any computer or server used to support or deliver the Game or disrupt or assist in the disruption any other player’s experience of playing the Game;
• not to transmit or facilitate the transmission of a virus, trojan horse, bot, worm, time bomb, keystroke logger, or other code or computer programming routine which can alter, damage, detrimentally interfere with, or intercept, mine, scrape or otherwise remove any data or personal information from the Game;
• not to cheat in the Game in any way or use or exploit errors in design, features which have not been documented, or program bugs to gain access to a part of the Game or any part of its software or to manipulate the functioning or outcome of the Game in any way or in a way that creates an unfair outcome over other players. We shall be entitled to exercise sole discretion over any investigations and findings in this regard;
• not to exit, log out or otherwise disconnect from the Game during live gameplay. We may track such actions and temporarily suspend players who frequently exit during live gameplay. We reserve the right to increase the length of any temporary suspension over time if a player continues to exit during live gameplay;
• not to use any third-party program or tools that has the effect of modifying the Game or the gameplay experience in any way, including but not being limited to, mods, hacks, cheats, scripts, bots, or any other form of program that interacts with the Game in any way; or
• to comply with, and not seek to circumvent, all applicable technology control or export laws and regulations;
• not to engage in any other conduct or action which is prohibited by this Agreement or which we, at our sole and exclusive discretion, determine is contrary or harmful to the spirit of the Game, regardless of whether such conduct or action is expressly listed or referred to in this Agreement.

• We reserve the right, at our discretion, to determine what actions or conduct may be in breach of section 2.1 or of the other terms of this Agreement, and to take any disciplinary measures for any such breach as we may see fit, up to and including termination of the licence granted and of this Agreement between us, in which case section 9 shall apply.

• Intellectual property rights and your Account

• You acknowledge that all intellectual property rights in the Game, the Game Content (as referred to in section 3.3) and the Documentation throughout the world either belong to us or have been licensed to us and that any rights in the Game, the Game Content and the Documentation are merely licensed to you and are therefore not sold to you. You have no intellectual property rights in, or to, the Game, the Game Content or the Documentation other than the right to use the Game, the Game Content and the Documentation in accordance with the terms of this licence.

• The account which you use to access and use the Game, including without limitation any character look and all attributes, virtual goods, cosmetic items and Virtual Currency (as referred to in section 4.1 below) (collectively, the “Account”), are the sole property of us. Neither we nor Epic Games, Inc nor SIEA nor SIEE recognise the purchase, sale or transfer of any Account and you may not purchase, sell, transfer or trade any Account, or offer to do so, and any such attempt shall be null and void. You acknowledge and agree that you have no ownership of or other property interest in any Account. Except for linking the Account between one Epic Games account and one PlayStation Network account, you must not share an Account with anyone or allow any other person to access your Account or offer to do so for any purpose.

• The intellectual property rights that we either own or have a licence for use in the Game include, by way of example and non-exhaustively, the Game’s title, all computer code, all artwork and objects and other content found within the Game, characters, character looks and character names, location names, Virtual Currency (as described in section 4), virtual currency names, cosmetic items and names, dialogue and text, structural and landscape designs, biome layouts, animations, sounds, musical recordings and compositions, moral rights and any related documentation as well as the Documentation (“Game Content”). The Game Content is protected by copyright and other laws of the United Kingdom, and by copyright laws and treaties around the world.

• The Game Content may include materials licensed to us from third parties who may seek to enforce their rights if you breach the terms of this Agreement.

• We reserve all rights in and in connection with the Game and the Game Content including the exclusive right to create derivative works.

• Any use, reproduction, distribution or modification of the Game or any Game Content outside of the limited permissions granted by this Agreement is expressly prohibited.

• In-Game Goods, virtual currency and payment authority

• The Game includes virtual currency as follows:
• Disco Biscuits – these can be purchased through the Epic Games Store and the PlayStation Store for real world currency. These are used for purchasing cosmetic items in the Game, the cosmetic items not providing any boosts or enhancements to gameplay. Disco Biscuits do not expire over time and are a cross-platform virtual currency that can be shared between linked PlayStation and Epic Games accounts.
• Wisdom Cabbage – this form of virtual currency can only be earned through gameplay and is not available for purchase with real world currency. It can only be traded for in-game content or other features during a match. Wisdom Cabbage collected persists beyond the length of the match in which it was collected but will expire at the end of a game season.
• Disco Biscuits and Wisdom Cabbage are collectively referred to as “Virtual Currency”.

• You have no ownership or other property interest in Virtual Currency nor in the cosmetic items, boosters or other in-game content or features that can be acquired with Virtual Currency. Regardless of how you acquired access to any Virtual Currency (whether by, non-exhaustively, purchase with real-world currency or earned through gameplay) and any content acquired with Virtual Currency, these are owned by us and only licensed to you and you gain only a qualified right to access those Virtual Currencies in the Game and any acquired content while they remain associated with your Account. You must not attempt to acquire Virtual Currencies outside of acquiring them through the Epic Games Store or the PlayStation Store, nor should you attempt to exchange Virtual Currencies through, for example, sale of accounts via online marketplaces or auction houses. Virtual Currencies are only to be used by you within the Game. Neither we nor Epic Games nor SIEE nor SIEA recognise any purported purchase, sale, transfer or trade of Virtual Currencies outside of the official purchase or gameplay channels as outlined in section 4.1(a) and 4.1(b) above and you must not attempt to acquire any Virtual Currency outside of these official channels. Any such attempt shall be null and void and we reserve the right to investigate such acquisitions and to reduce your Virtual Currency balance if we determine, in our sole but reasonable discretion, that there have been sales or acquisitions in contravention of these rules. Furthermore, we shall have no liability to you under any circumstances for the destruction, deletion, modification, impairment, hacking or any other damage or loss of any kind caused to any Virtual Currency or in-game items, including without limitation, the deletion of Virtual Currencies or cosmetic items earned upon the termination or expiration of your Account.

• We do not provide or guarantee, and we expressly disclaim, any value in real-world currency or otherwise attributed to Virtual Currency or any data residing on servers which we or Epic Games or SIEE or SIEA operate or control, including any Virtual Currencies held in or associated with your Account. You further acknowledge and agree that you have no claim, right, title, ownership, or other proprietary interest in any Virtual Currency attributed to your Account nor in any in-game items (whether cosmetic or otherwise) that you collect, unlock, or otherwise gain access to, regardless of any amount paid in exchange for them and, as such, you are not entitled to any refunds in relation to the Virtual Currency or cosmetic items or other content associated with your Account in the event of Account deletion, cancellation or termination or the closure of the Game. Virtual items (including Virtual Currency) have no real-world monetary value at all and cannot be redeemed for real-world currency. No content connected with the Game will be owned by you nor is it transferable by you to any other person.

• We always have the right to delete, alter, nerf, remove or transfer any and all Game content (including just your Game content if appropriate), including without limitation, Virtual Currency and cosmetic items and any in-game skills granted through the application of Milk+, at any time and for any reason or no reason, with or without notice to you, and with no liability of any kind to you.

• In the event of any refunds for transactions with Epic Games or SIEA or SIEE involving Virtual Currency and which may be agreed by them, we shall be entitled to remove any cosmetic items or other in-game content which had been acquired with such refunded Virtual Currency.

• For the avoidance of doubt, no Game Content nor Virtual Currency will transfer to any sequel of the Game which we may develop.

• By providing payment information and authorisation to Epic Games or SIEE or SIEA or any of their authorised payment processors, you are confirming that either you are an authorised user of the payment card being used for the transaction together with any PIN or password and Epic Games or SIEE or SIEA are authorised to charge the amount of the transaction to that card. We will have no liability to you or anyone else for payments which are not so authorised.

• User Generated Content

• Where our Game may permit the creation of any content by a player through any in-game tools, we grant you a limited licence to use any content creation tools we may make available. You will not own any of these tools.

• We will be able to share the content you create with other players and in so doing, you grant to us a worldwide, perpetual, irrevocable, sublicensable, transferable, assignable, non-exclusive and royalty-free right and license to use, reproduce, distribute, adapt, share, modify, translate, create derivative works of, publicly perform, publicly display, digitally perform such user generated content, including all copyrights and all intellectual and other related rights, in any media now known or hereafter developed, without any compensation to you. To the maximum extent permitted by applicable law, you waive any moral rights or rights of authorship or similar that you may have in any content you create and we will not be required to attribute any content created by you to you as creator. You represent, warrant, and agree that any content created by you will not violate any third-party rights and that we will not be liable to you or any third party for any use of content created by you.

• You are not to make or use any content (whether player-generated content or otherwise) for any advertising or marketing messages nor should you create or include any content that is or may reasonably be considered as: (i) personal or private to you or anyone else, (ii) harmful or capable of causing harm, (iii) based on someone else’s intellectual property, or (iv) offensive, derogatory or defamatory or similarly objectionable.

• You agree that any content created by you in the Game will not be used outside of the Game and that it will cease to be playable or cease to exist in the event of the Game being withdrawn or closed down.

• Code of conduct for online interactions

• We want all our players to enjoy playing the Game. For this reason, we must set out here the rules which we expect you to follow in all interactions with other players. You should ensure that all your gameplay and interactions follow not only the rules but also the spirit of the rules.

• Non-exhaustively, you:
• should be respectful to other players and not use words or language (in voicechat or in any, for example, character names) which is likely to cause upset including vulgar or racist or sexually offensive language, swear words, slang or phrases that target specific groups or people, nor should you engage in any defamatory activity, nor should you attack or target players through voicechat activity;
• should not engage in any activity (in voicechat or otherwise) which could be seen as threatening, harassing, abusive, exploitative, trolling, bullying or intentionally trying to prevent others’ enjoyment of the Game;
• should not discuss topics which could be seen as inappropriate for a public forum, nor any topics that could be illegal;
• must not impersonate any person, including without limitation our staff or representatives, nor should you infringe on the rights of any third party.

• Whilst it will be possible for you to disable voicechat functionality, when voicechat functionality is enabled in lobbies, your username will be visible and will be attributed to your voicechat.

• We are not responsible for moderating, monitoring or recording activity in the Game (including but not limited to voicechat between players) but we reserve the right to do so. If we choose to, we may intervene in activities to ensure they comply with this Agreement. We reserve the right to, without limitation, delete or modify without prior notice any content and/or communications which may be in breach of this Agreement. In serious cases, we may take appropriate steps together with Epic Games, SIEE or SIEA and/or with law enforcement authorities and this may involve us notifying those platforms and law enforcement authorities and disclosing information to them as we consider appropriate.

• Without affecting section 6.4 above, we will take any action we consider necessary or appropriate in relation to any breach of this Agreement, including suspension or termination of your Account, at our sole discretion.

• Disclaimers

• TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE GAME AND THE SOFTWARE IS PROVIDED TO YOU “AS IS” AND WITHOUT ANY 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 OF THIRD PARTY RIGHTS. WE DO NOT WARRANT THAT THE GAME WILL BE BUG- OR ERROR-FREE NOR THAT IT WILL BE UNINTERRUPTED OR AVAILABLE AT ALL TIMES, NOR THAT IT WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE NOR THAT ANY ERRORS OR BUGS CAN BE CORRECTED. 

• THIS AGREEMENT SHALL NOT LIMIT OR EXCLUDE ANY RIGHTS YOU MIGHT HAVE AS A CONSUMER THAT MAY NOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

• YOU ACKNOWLEDGE THAT THE GAME HAS NOT BEEN DEVELOPED TO MEET YOUR INDIVIDUAL REQUIREMENTS OR EXPECTATIONS AND THAT IT IS YOUR RESPONSIBILITY TO ENSURE THAT YOUR DEVICE OR DEVICES ARE SUITABLE FOR AND CAPABLE OF RUNNING THE GAME.

• Limitation of our liability to you

• We are responsible to you only for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this Agreement or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time this Agreement was made, both we and you knew it might happen. We shall not be liable for any indirect, consequential or special losses.

• We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, officers, agents or subcontractors or for fraud or fraudulent misrepresentation.

• We are not liable for business losses. The Game is for domestic and private use only. If you use the Game for any commercial or business purpose not otherwise expressly permitted by this Agreement we will have no liability to you for any loss of profit, loss of business, loss of goodwill, business interruption, or loss of business opportunity.

• TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW, OUR TOTAL LIABILITY TO YOU, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE AND INCLUDING ANY LIABILITY FOR LOSSES, COSTS, EXPENSES OR DAMAGES SHALL NOT EXCEED (AS A TOTAL FIGURE) THE LOWER OF: (A) THE AMOUNT YOU MAY HAVE SPENT IN VIRTUAL CURRENCY PURCHASES DURING THE TWELVE (12) MONTH PERIOD PRIOR TO THE DATE OF THE CAUSE OF ACTION FIRST ARISING; OR (B) £300 (THREE HUNDRED POUNDS STERLING) OR THE EQUIVALENT IN YOUR LOCAL CURRENCY.

• Termination or suspension

• We may, in our sole discretion, suspend for any length of time or terminate your access to the Game at any time for any or no reason, with or without notice to you. For purposes of explanation and not by way of limitation, if an Account is suspended or terminated it is most likely the result of a breach of this Agreement, us no longer offering the Game either generally or in your region, or if doing so is in the best interests of other players or the rights of a third party (all at our sole discretion). We are permitted to use automated systems and tools to assist in investigations into any breaches of this Agreement, to assist in arriving at any decisions concerning suspension or termination.

• Without limiting the generality of section 9.1, we may terminate this Agreement immediately if you commit a material or persistent breach of any of the provisions of this Agreement.

• If you wish to terminate this Agreement, you may do so by irretrievably deleting the Game from your Device(s).

• Upon termination for any reason:
• our ownership of the Game, and any rights you've granted us to use content you've supplied through operation of the Game, for example any user generated content created, will continue even after your licence to use the Game is suspended or terminated;
• all rights granted to you under this Agreement shall cease and any in-game content associated with your Account will be deleted and, as stated in section 4.4, without any requirement to compensate you;
• you must cease all activities authorised by this Agreement including accessing and playing the Game; and
• you must immediately delete or remove the Game from all computer and/or console equipment in your possession and delete it from your Epic and/or PlayStation accounts and, if we so request, certify to us that you have done so;
• section 8 above will continue to apply.

• Other important terms

• We may update or amend the terms of this licence from time to time but changes will only affect you to the extent they can legally apply. For example, if we release a Game update with a new licence, and you don’t install the update, then the old licence will continue to apply in relation to your use of the non-updated version of the Game you are playing. If you do install or use the updates then the updated licence will apply. Where a new licence is issued with new content, we won’t need to specifically tell you about changes for them to have effect, so you should check these terms from time to time.

• We’ll only make changes if they are reasonable, for example if the law changes, we need to further protect other players of the Game, or we're making improvements or adding features which may require alterations to this Agreement.

• We may transfer our rights and obligations under these terms to another business or organisation without prior notice to you. This could be in the event of a company restructure, assignment or a sale or all or part of our business or assets. We will take all reasonable steps to ensure that your rights under this Agreement are unaffected. You may not transfer or sublicence your rights under this Agreement and any attempted transfer or sublicence by you shall be void.

• This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement, save that SIEE, SIEA or Epic Games shall be entitled to enforce any breaches if appropriate.

• To the maximum extent permitted by applicable law, you agree that you will only bring any claim that you might have against us on an individual basis and not as a claimant or member in any purported class, collective, consolidated or representative action or legal proceeding.

• Each of the conditions of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining conditions will remain in full force and effect.

• If we do not insist immediately that you do anything you are required to do under this Agreement, or if we delay in taking steps against you in respect of your breaking this Agreement, 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.

• To the greatest extent permitted by local laws applicable in the country in which you purchase or use the Game, the Game and these Agreement terms are governed by English law.

• To the greatest extent permitted by local laws applicable to you, the English courts shall have exclusive jurisdiction in respect of any claims, disputes or proceedings regarding this Agreement or your use of the Game.

• Without prejudice to sections 10.8 and 10.9, your local law may grant you the right to bring claims, disputes or proceedings in your local jurisdiction. Where this is the case, you may bring proceedings there.

• This Agreement, together with any other of our terms that govern your use of our Game or services, constitutes the entire agreement between you and us. As a consumer, you may have rights under applicable local laws that cannot be excluded, limited or changed. Those rights take priority over anything in this Agreement.