path: root/licenses/dontstarve-EULA

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& fan art, check out our Player Creation Guidelines.

Applicable from: January 24, 2013 Don’t Starve™

End-User Licence Agreement and Terms of Service

This agreement (“Agreement”) is between you and Klei Entertainment Inc.
(“Klei” or “us” or “we” or “our”) regarding the Don’t Starve™ computer
game and all related software, files, documentation, updates, upgrades
and derivative works (collectively the “Game”). Klei developed and owns
the Game, and is licensing the Game to you on the terms and conditions
set out below.  Klei is not selling the Game to you.

By accessing or using the Game you agree to be bound by this Agreement.
 If you do not agree to this Agreement, you may not access or use the
Game.

 

1. Limited Licence
------------------

Subject to this Agreement, we grant you a limited, non-exclusive,
non-transferable, non-sublicensable, limited right and licence to access
and use the Game for your personal non-commercial gameplay.

You may download information, images, artwork, text, video, audio,
pictures and other materials from the Game to the extent necessary to
access and use the Game for the purposes of this Agreement.  However,
you must not otherwise copy, reproduce, republish, post, transmit,
display, perform, distribute, modify, translate, reverse-engineer,
reverse-compile or decompile, disassemble or create any derivative work
from any of those materials or any other portion of the Game without our
prior written approval.

We, and our licensors, reserve all rights not specifically granted to
you in this Agreement.

 

2. Other Prohibitions
---------------------

Except as expressly set out in this Agreement, or as we may otherwise
expressly agree in writing, you will not: (a) commercially exploit the
Game or distribute, lease, license, sell, rent, grant a security
interest in, lend or otherwise transfer or assign the Game or any copies
of the Game; (b) remove, alter, or conceal any proprietary notice
contained in the Game; or (c) encourage, assist or allow any third party
to any of the foregoing.

 

3. Ownership
------------

The Game is protected by copyright law and by national and international
laws, treaties and conventions.

As between you and us, we own all right, title and interest in the Game,
including all computer code, titles, text, images, animations, artwork,
audio, video, designs, sounds, themes, objects, characters, character
names, stories, dialogue, concepts and trade-marks, the graphical design
of the user interface, the “look-and-feel” of the user interface, all
modifications, customizations and additions thereto, and all
intellectual property rights therein.  Our names and logos are our
trade-marks and you must not use any of them without our consent. Except
as expressly set out in this Agreement, you acquire no license to, or
other rights in, the Game.

 

4. Game Account {.c1}
---------------

To access and use the game you must have a user account (“Account”).
 You agree to provide accurate and complete information when
establishing and updating your Account. You are solely responsible for
keeping your Account password secure and confidential. We will never ask
you for your password. You are solely responsible and liable for all
activity conducted through your Account (whether authorized by you or
not), and for maintaining your Account in good standing. You will
immediately notify us of any unauthorized use of your Account, user name
or password. You agree that you will never use another person’s Game
account.

We will not be liable for any loss or damage arising from the
unauthorized use of your Account. However, you may be liable for our
losses or the losses of others due to such unauthorized use.

The Game is currently accessible only through Google Chrome, and you
must have a Google account to access and play the Game. You acknowledge
and agree that your Google account is provided and managed by Google,
not by us, and that your creation and use of that Google account are
subject to Google’s applicable terms and conditions and privacy
policies.

We reserve the right, in our sole discretion, to terminate or suspend
your Account if we believe, or have been notified by a third party of
its belief, that you may be infringing the rights of others, violating
the copyrights of others, or engaging in any inappropriate behavior. We
also reserve the right, in our sole discretion, to terminate your access
to all or part of the Game or to any product or service available
through the Game or any Klei website for any reason or no reason, with
or without notice. In the event of termination, your Account will be
disabled, and you will not have access to your Account. You should be
aware that, if your Account is terminated, we may not be able to return
your content to you and that you may not otherwise have access to your
content, although residual copies of such information may remain in our
system for back-up purposes and for compliance with legal reporting
obligations.

 

5. Age {.c1}
------

The Game is available only to individuals who are of legal age to form a
binding contract. The Game may be used by an individual older than 13
but younger than 19 only with express authorization from that
individual’s parent or legal guardian. Subject to the laws of your
jurisdiction of residence, individuals older than 13 but younger than 19
may only access and use the Game through an account established by, and
with the approval of, their parents or legal guardians. If you permit
your minor child or legal ward to use your Account to access and use the
Game, you agree to this Agreement on your behalf and on behalf of your
minor child or legal ward, and you understand and agree that you will be
responsible for all use of your Account by your minor child or legal
ward regardless of whether you authorized that use (including the
purchase of items for which we charge a fee).

You hereby confirm that you are at least 19 years of age, are of the age
of majority in the jurisdiction from which you access the Game, and are
an individual who can form a legally binding contract.

 

6. Interruptions, Errors and Downtime {.c1}
-------------------------------------

Your use of the Game might be interrupted and will not be free of
errors.

The Game may be unavailable from time to time due to routine
maintenance, upgrades, hardware and software malfunctions, repairs,
power outages, hackers, denial of service attacks and unforeseeably
large service demands. Where reasonably possible we will give you prior
notice of any scheduled service interruptions.

 

7. Privacy {.c1}
----------

We respect your privacy and only collect, use and disclose your personal
information as described in our Privacy Policy and in this Agreement.
You hereby consent to the collection, use and disclosure of your
personal information as described in this Agreement and our Privacy
Policy.

You consent to our collection, use and disclosure of your name, contact
information and other personal information to the extent necessary or
desirable for us to communicate with you, monitor your compliance with
this Agreement, and manage the Game.  We may use aggregate,
non-identifiable information about Game players for promotional and
advertising purposes.  We do not sell your personal information to third
parties.  If we suspect you of fraudulent or other criminal activities,
we may disclose your personal information to the police or other
authorities.  We will not otherwise disclose your personal information
except as permitted or required by law.

 

8. Payment {.c1}
----------

You do not have to pay to play the Game, though we reserve the right to
charge fees to play the Game in the future.

If you wish to obtain a product or service through or in connection with
the Game that requires you to pay a fee, you will pay all applicable
fees by credit card or a third-party electronic payment processors
and/or financial institutions (“EPPs”). You irrevocably authorize us, as
necessary, to instruct EPPs to process your payments, and you
irrevocably agree that we may give such instructions on your behalf in
accordance with your requests as submitted using the relevant Game
features.  You agree to be bound by the terms and conditions of use of
each applicable EPP; if there is a conflict between this Agreement and
the EPP’s terms and conditions, this Agreement will prevail.

We will suspend your access to the product or service if you do not pay,
or if your credit card expires or denies payment. In order to process
your payments, you must provide us or the EPP with certain personal
information, and you hereby consent to the collection, use and
disclosure of your personal information necessary for those purposes.

IF YOU DISPUTE ANY CHARGES RELATING TO THE GAME OR TO PRODUCTS OR
SERVICES AVAILABLE THROUGH OR IN CONNECTION WITH THE GAME, YOU MUST
NOTIFY US IN WRITING WITHIN 30 DAYS AFTER THE DATE OF THE CHARGE. Your
failure to notify us within that period will constitute your waiver of
any claim relating to the disputed charge.

 

9. Virtual Property {.c1}
-------------------

You have no property interest in any virtual currency, items or other
property (collectively “Virtual Property”) that you obtain or purchase
through or in connection with the Game. Any purchase or acquisition of
Virtual Property is the purchase of a limited, non-transferable,
revocable licence to use that Virtual Property within the Game. You may
not transfer or resell Virtual Property for commercial gain. Virtual
Property has no monetary value, and cannot be refunded or exchanged for
cash or any other tangible value. If your Account is terminated or
suspended for any reason, or if we discontinue the Game, all Virtual
Property is unconditionally forfeited.

We have no liability for hacking or loss of your Virtual Property, and
we have no obligation to (and will not) reimburse you for any Virtual
Property lost due to your breach of this Agreement.

 

10. Your Responsibilities {.c1}
-------------------------

You are solely responsible for obtaining and maintaining all computer
equipment and Internet connections required to access and use the Game,
at your sole expense.  We do not guarantee that the Game will not
conflict with other programs on your computer, and we will not be
responsible for the workings or failures of your computer equipment,
network, software or Internet access.  The performance and proper
functioning of the Game may be reduced or prevented if you are
simultaneously using other software, and we recommend that you turn off
any such programs when using the Game.

 

11. Restrictions on your Conduct {.c1}
--------------------------------

When using the Game or any product or service available through the Game
you must comply with all applicable laws and with all of our policies
and rules, as updated from time-to-time.  In particular, but without
limiting the foregoing, you must not:

1.  hack, reverse engineer, disable, disrupt or interfere with the
    functioning of the Game, or modify the Game in any way;
2.  use the Game in any manner that could damage or impair the Game or
    interfere with any other party's use and enjoyment of the Game;
3.  harass or threaten any other user of the Game or any Klei employee
    or representative;
4.  impersonate another person, indicate that you are a Klei employee or
    representative (if you are not) or attempt to mislead other players
    by indicating that you represent Klei in any way;
5.  attempt to gain unauthorized access to the Game, other accounts,
    computer systems or networks connected to the Game, through hacking,
    password mining or any other means;
6.  upload to or transmit to us or any other player anything that may be
    defamatory, threatening, abusive, obscene, pornographic, harmful or
    invasive of anyone’s privacy, may violate any law including
    intellectual property, privacy or other laws, or may give rise to
    civil or other liability;
7.  upload to or transmit to us or any other player any data, file or
    software that contains a virus, Trojan horse, worm, bot keystroke
    logger, time bomb, cancelbot or other computer programming routines
    that are intended to damage, interfere with intercept, mine, scrape
    or expropriate any system, data or personal information relating to
    the Game;
8.  attempt to disable or circumvent any Game features that are designed
    to limit your access to certain information about Game users, and
    you otherwise will not access or attempt to access areas of the Game
    or its servers that have not been made available to the public;
9.  use the Game for spamming, other advertising, or other bulk message
    transmission, or use the Game to promote or operate any service or
    commercial enterprise;
10. post or communicate any personally identifiable information about
    any other person, or use the Game to collect or harvest any
    information about any other person;
11. use abusive or offensive language during your use of the Game,
    including on any forums, chat rooms, or web sites; or
12. encourage, assist or attempt to trick other players into breaking
    this Agreement.

In addition to any other available remedies, we may suspend or terminate
your access to the Game if you breach of any of these obligations.

 

12. Cheating and Fraud {.c1}
----------------------

We have zero tolerance for cheating and illegal behaviour.  You will
obey applicable laws.  If we find, in our sole discretion, that you have
cheated or attempted to defraud us or any other Game player in any way,
or if we suspect you of fraudulent payment or any other fraudulent or
illegal activity, we reserve the right to suspend or terminate your
access to the Game and to share this information with other on-line
gaming providers, banks, credit card companies, and appropriate agencies
and authorities.

 

13. Security Review {.c1}
-------------------

We reserve the right to conduct a security review at any time to
validate your identity, age, and your financial transactions, for
potential breach of this Agreement and of applicable law.  You hereby
authorize us and our agents to make any inquiries of you, and to use and
disclose to any third party any information, we consider necessary to
validate the information you have provided or are required to provide to
us under this Agreement.  To assist in these security reviews, you agree
to provide such information or documentation as we may request from time
to time in our sole discretion.  If, after conducting a security review,
we determine in our sole discretion that you have not complied with this
Agreement, or that you have not provided timely satisfactory responses
to inquiries made in the security review, we may terminate or suspend
your access to the Game.

 

14. Consent to Monitoring {.c1}
-------------------------

When you are using the Game, the Game may monitor your computer’s random
access memory (RAM) for unauthorized third-party programs that interact
with the Game and are prohibited by this Agreement. If the Game detects
an unauthorized third-party program, the Game may, without notice to
you, communicate that information to us, including your Account
information, your internet protocol (IP) address, details about the
unauthorized third-party program, and the time and date that the
unauthorized third-party program was detected. If the Game detects the
use of an unauthorized third-party program, your access to the Game may
be terminated. You hereby consent to this monitoring.

 

15. Disclaimers {.c1}
---------------

THE GAME IS PROVIDED “AS IS” AND “AS AVAILABLE”.  TO THE MAXIMUM EXTENT
PERMITTED BY LAW, WE DISCLAIM ALL TERMS, CONDITIONS, GUARANTEES,
REPRESENTATIONS AND WARRANTIES (EXPRESS, IMPLIED, STATUTORY AND
OTHERWISE), IN RESPECT OF THE GAME, INCLUDING THOSE OF MERCHANTABILITY,
NON-INFRINGEMENT, TITLE, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.
 WE DO NOT WARRANT THAT THE GAME WILL BE UNINTERRUPTED OR ERROR-FREE,
THAT DEFECTS WILL BE CORRECTED, OR THAT THE GAME WILL BE FREE OF VIRUSES
OR OTHER HARMFUL COMPONENTS OR CONTENT.

IF YOU DOWNLOAD OR OBTAIN ANY product or service through or in
connection with the Game, YOU DO SO AT YOUR OWN DISCRETION AND RISK, AND
YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS, INCLUDING ANY
DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA, THAT
ARISES FROM OR RELATES TO ANY SUCH PRODUCT OR SERVICE.

 

16. Limitation of Liability {.c1}
---------------------------

YOU USE THE GAME AT YOUR OWN RISK.  WE WILL NOT BE LIABLE TO YOU FOR ANY
LOSS OR DAMAGE SUFFERED IN CONNECTION TO THE ACCESS TO OR USE OF, OR
INABILITY TO ACCESS OR USE, THE GAME.

WITHOUT LIMITING THE PREVIOUS SENTENCE, WE WILL NOT BE LIABLE TO YOU FOR
ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR
EXEMPLARY DAMAGES, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE),
CONTRACT OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE
POSSIBILITY OF SUCH LOSS, INJURY OR DAMAGE AND EVEN IF THAT LOSS, INJURY
OR DAMAGE IS FORESEEABLE, RESULTING FROM: (a) THE USE OR INABILITY TO
USE THE GAME OR ANY PRODUCT OR SERVICE AVAILABLE THROUGH THE GAME OR ANY
KLEI WEBSITE; (b) THE COST OF OBTAINING SUBSTITUTE GOODS AND SERVICES
RESULTING FROM ANY DATA, INFORMATION, PRODUCT, OR SERVICE PURCHASED OR
OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR
FROM THE GAME OR ANY KLEI WEBSITE; (c) UNAUTHORIZED ACCESS TO OR
ALTERATION OF YOUR CONTENT, DATA, OR TRANSMISSIONS; (d) STATEMENTS OR
CONDUCT OF ANY THIRD PARTY THROUGH THE GAME OR ANY KLEI WEBSITE OR USING
ANY PRODUCT OR SERVICE AVAILABLE THROUGH THE GAME OR ANY KLEI WEBSITE;
OR (e) ANY OTHER MATTER RELATING TO THE GAME OR ANY PRODUCT OR SERVICE
AVAILABLE THROUGH THE GAME OR ANY KLEI WEBSITE.  FURTHER, WE WILL NOT BE
LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE TO YOUR ACCOUNT.

 

17. Maximum Liability {.c1}
---------------------

IF, DESPITE THE LIMITATIONS SET OUT ABOVE, WE BECOME LIABLE TO YOU IN
RESPECT OF THE GAME OR OTHERWISE UNDER THIS AGREEMENT, THAT LIABILITY
WILL BE LIMITED TO THE SMALLER OF THE FEES YOU PAID TO US IN RELATION TO
THE GAME IN THE 3 MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY
OR $100.

 

18. Indemnity {.c1}
-------------

YOU WILL INDEMNIFY AND HOLD HARMLESS KLEI ENTERTAINMENT INC. AND ITS
DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS AND REPRESENTATIVES FROM AND
AGAINST ALL DAMAGES, INJURIES, LIABILITIES, COSTS, EXPENSES AND LEGAL
FEES THAT THEY MAY INCUR IN CONNECTION WITH YOUR USE OF THE GAME OR YOUR
BREACH OF ANY OBLIGATION IN THIS AGREEMENT.

 

19. Jurisdiction and Remedy {.c1}
---------------------------

Because some jurisdictions do not allow certain exclusions or
limitations of liability, the disclaimers, exclusions and limitations in
this Agreement will apply to the fullest extent permitted by law in the
applicable jurisdiction.

We operate and maintain the Game from Canada, and we do not represent or
warrant that the Game is appropriate or available for use in any
particular jurisdiction. You choose to access and use the Game on your
own initiative and at your own risk, and you are responsible for
complying with all local laws, rules and regulations.

 

20. Termination of Agreement {.c1}
----------------------------

Without prejudice to any of our rights under this Agreement or at law or
equity, we may terminate this Agreement and your access to the Game
immediately if you breach this Agreement.

 

21. Termination of Game {.c1}
-----------------------

You acknowledge and agree that the Game is an online computer game that
must be played over the internet, and that we may, at any time and in
our sole discretion, stop providing access to or support for the Game
without notice or liability to you. You further acknowledge and agree
that we may change, suspend, discontinue or restrict your access to any
feature of the Game at any time without notice or liability to you.

 

22. Governing Law and Disputes {.c1}
------------------------------

This Agreement will be governed by and construed in accordance with the
laws in effect in British Columbia, Canada, without reference to its
choice of laws rules.  You hereby attorn irrevocably to the exclusive
jurisdiction of the British Columbia courts sitting in Vancouver,
British Columbia; however, we may apply to a court of competent
jurisdiction for interim protection or equitable relief such as an
interlocutory or interim injunction.

 

23. Changes to Agreement {.c1}
------------------------

We may revise this Agreement (including any applicable fees and service
charges) at any time and from time to time. We will provide notice of
any changes by presenting a revised Agreement for your review when you
first access the Game after the Agreement changes.  We may provide such
other notice as we may choose in our sole discretion.  Your continued
use of the Game following notice of changes to this Agreement will mean
that you accept all such changes.  If any change is not acceptable to
you, your only recourse is to stop using the Game.

 

24. Changes to Game {.c1}
-------------------

From time to time, without prior notice, we may in our sole discretion
add new features to the Game, remove existing features from the Game, or
otherwise modify or update the Game. We may provide updates that must be
installed on your computer for you to access and use the Game. You
hereby consent to us remotely installing updates to the Game software
that resides on your computer, without further notice.

The media on which the Game software is distributed may contain
additional software and content for which you do not have a licence
(“Unsubscribed Software”).  You understand and agree that we may install
the Unsubscribed Software onto your computer during the Game software
installation process. You will not access, use, distribute, copy,
display, reverse engineer, derive source code from, modify, disassemble
or decompile any Unsubscribed Software, until you receive from us a
licence to use the Unsubscribed Software.

 

25. Export Controls {.c1}
-------------------

The Game is subject to all applicable export laws and restrictions. The
Game may not be re-exported, downloaded or otherwise exported to (or
downloaded or installed by a national or resident of) any country to
which Canada or the United States maintains an embargo, or any person or
entity specifically designated on a control list maintained by Canada or
the United States. You represent and warrant that you are not located
in, under the control of, or a national or resident of any such country
or on any such list.

 

26. General {.c1}
-----------

Waiver: No waiver, delay, or failure to act by us regarding any
particular default or omission will prejudice or impair any of our
rights or remedies regarding that or any subsequent default or omission
that are not expressly waived in writing.  Entire Agreement:  This
Agreement supersedes all prior agreements of the parties regarding the
subject matter of this Agreement, and (together with our Privacy Policy)
constitutes the whole agreement with respect to that subject matter.
 Assignment and Sublicensing: You may not assign or sublicense this
Agreement or any of your rights under this Agreement without our prior
written consent, which may be withheld without cause.  Enurement: This
Agreement will enure to the benefit of and be binding upon the parties
and their heirs, legal representatives, lawful successors and permitted
assigns.  Force Majeure:  No party will be liable for any
non-performance or delay in performance (except its payment obligations)
by that party that is due wholly or in part to any cause beyond that
party’s reasonable control.  Interpretation:  In this agreement, "we",
"us", and "our" refer to Klei Entertainment Inc. alone and never refer
to the combination of you and Klei Entertainment Inc.; that combination
is referred to as "the parties".

Fan Art Spotlight {.block-title}
-----------------

[]

Artist: LizardBat

Official Soundtrack! {.block-title}
--------------------

[Get the Official Don't Starve Soundtrack]

Acquire it Here!

Social Media Links {.block-title}
------------------

Klei TwitterKlei Facebook

Don't Starve RSSDon't Starve Subreddit

Klei Entertainment

Follow Klei {.block-title}
-----------

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General Information {.block-title}
-------------------

-   About The Game
-   System Requirements
-   Terms of Service
-   Privacy Policy
-   YouTube / Mods Info

Contact & Support {.block-title}
-----------------

-   Contact Us
-   Help & Support
-   Press & Media

Copyright © 2012 Klei Entertainment Inc.