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Terms of Service

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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

The Game is currently accessible through Steam and the Humble Store, and you must have a Steam or Humble account to access, download, and play the Game. You acknowledge and agree that your Steam or Humble account is provided and managed by Steam or Humble, not by us, and that your creation and use of that Steam or Humble account are subject to Steam or Humble’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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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".