OASIS OF UNIVERSE
XEO | VERSION 0.5.14.2
OASIS OF UNIVERSE END USER AGREEMENT
1.ABOUT THIS AGREEMENT
1.1 This Agreement: This End User License Agreement ("Agreement" hereinafter), is a legally enforceable agreement between you and OASIS OF UNIVERSE, with registered address at …………. Dubai, UAE.
For your information, we will refer to ourselves as " OASIS OF UNIVERSE," "we," or "us."
This Agreement pertains to our game, XEO, which includes game keys/codes. For the purpose of this Agreement, we will refer to "XEO" or the "game" to encompass all related components.
1.2 Acceptance: You and we are bound by the terms of this Agreement once you download, install, or use XEO (whichever occurs first). Failure to accept the Agreement shall prohibit you from downloading, installing, or using XEO.
2. AGE RESTRICTIONS AND CONTENT WARNING
2.1 Age Restrictions and Approval by Parent or Guardian: It should be noted that XEO is subject to minimum age ratings, such as PEGI and ESRB, which may vary depending on the user's location. The minimum age rating for XEO will be presented at the time of purchase. You are only authorized to play XEO if you meet the minimum age rating. If you are of legal age to use the game, which is (a) over 18 years of age or the legal age of adulthood in your country, you are welcome to use XEO. However, if you are between 17-18 years of age, or the legal age of adulthood in your country, you must first seek parental or guardian approval and have them review and accept this Agreement on your behalf. This is necessary because in some countries, individuals under a certain age are not legally permitted to enter into such contractual agreements. Moreover, your parent or guardian should supervise your use of XEO. If you are below the age of 17 or the applicable minimum age rating in your country, you are strictly prohibited from downloading, playing, or using XEO.
2.2 Content Warning. It is important to note that XEO contains explicit depictions of violence, sexuality, and drug use that may be disturbing to some individuals. If you are sensitive to such content or find such content triggering, it is imperative that you be aware of this prior to commencing gameplay.
If you are playing a game and you are younger than the legal age required to play, and you cause harm to any of the parties involved, then under the general principles of law, your parents or the individuals responsible for your care may be held liable under the tort.
In such cases, it is important to consult with a competent lawyer who can assess the specific circumstances and advise on the best course of action. As a legal expert, I would strongly advise parents and caregivers to supervise the activities of children and ensure that they do not engage in any activities that could result in harm to others, including playing games that are not suitable for their age group. By taking proactive steps, they can avoid legal issues and ensure the safety and well-being of their children.
3. USING XEO
3.1 Licence: By downloading, installing or using XEO, you agree to a personal, limited, revocable, non-exclusive, non-transferable and non-assignable licence granted by OASIS OF UNIVERSE. This licence permits you to display, view, download, install, play and use XEO on your personal computer, games console and/or other devices/platforms that are explicitly authorised by OASIS OF UNIVERSE, subject to the terms and conditions set out in this Agreement. This licence is strictly for your personal use and may not be transferred, assigned, sub-licensed, sold, lent, or gifted to any other person. Ownership rights in XEO are not conferred by this licence.
3.2 Seizure Warning: XEO may contain flashing lights and images that may trigger epileptic seizures in susceptible individuals. If you or someone in your household has an epileptic condition, please consult your physician before playing XEO. If you experience dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, or convulsions while playing, immediately discontinue use and seek medical attention.
4. MINIMUM REQUIREMENTS AND MONITORING
4.1 Minimum Requirements: Please note that XEO has specific minimum requirements which may vary depending on the device/system/platform that you have chosen. You will be duly notified of these requirements on the applicable XEO store page. We recommend that you ensure that your chosen device meets these minimum requirements prior to purchasing the game. Please be aware that while XEO does not include any DRM or copy-protection mechanisms, certain device/system/platform manufacturers may incorporate security technologies beyond our control.
5. PATCHES, UPDATES, AND CHANGES.
5.1 We reserve the right to patch, update, or change XEO as needed (e.g., to add or remove features, resolve software bugs, or balance the game). These actions may result in mandatory and/or automatic updates and the discontinuation of older, non-updated versions over time. We require these rights to ensure the efficient operation of XEO, and we retain the authority to implement such updates without notice or liability to you.
6. OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS
6.1 Ownership of XEO: OASIS OF UNIVERSE, either as the owner or license from third parties, exclusively owns all Intellectual Property Rights related to XEO, which includes but is not limited to visual components, characters, storylines, artwork, animations, designs, items, music and sound effects, dialogue, graphics, computer code, user interface, look and feel, game mechanics, gameplay, audio, video, text, layout, databases, data, and all other content. All rights in XEO are reserved, except as provided for in this Agreement. You are prohibited from using or exploiting any part of XEO beyond the scope of this Agreement. The Intellectual Property Rights in XEO are protected under copyright, trademark, and other intellectual property laws applicable worldwide.
The term "Intellectual Property Rights" encompasses all copyright, trademarks, service marks, trade dress, brand names, logos, goodwill, get up, trade, business or domain names, design rights, rights in characters, rights in get-up, database rights, patents, rights in inventions, know-how, trade secrets, and confidential information, rights in computer software (including source code and object code), moral rights, author rights, publicity rights, performance rights, synchronization rights, mechanical rights, publishing, rental, lending and transmission rights, and other intellectual property and exploitation rights of a similar or corresponding character, whether registered or not, including granted applications, and applications for registration, division, continuation, reissuance, renewals, extensions, restorations, and reversions, wherever such rights may subsist.
6.2 Third Party Property:
OASIS OF UNIVERSE acknowledges and upholds the intellectual property rights of third parties. If you have a belief that your intellectual property has been infringed upon, either directly or through the use of XEO, we encourage you to contact us through the designated legal channel at email@example.com.
We wish to remind our valued users that while XEO provides an immersive experience, the game is the exclusive property of OASIS OF UNIVERSE. To utilize any elements or materials from the game outside of the game’s purview, users must abide by the rules outlined in the present agreement and supplementary documentation.
7. RULES FOR USING XEO:
To fully enjoy and experience XEO, users must adhere to the following rules. Any breach of these terms, or our other guidelines, will constitute a “material breach” of this Agreement, which may result in suspension and/or termination of your access to XEO. In cases deemed particularly serious, we retain the right to prohibit your future access to XEO, as well as other games and services provided by OASIS OF UNIVERSE.
a) Personal Enjoyment: XEO is for personal enjoyment only and should not be used for any commercial purposes.
b) Applicable Law: Users must comply with all applicable laws and regulations while using XEO.
c) No Transfer: Users are expressly forbidden from copying, renting, buying, selling, lending, sharing, leasing, sublicensing, transferring, distributing, publishing, or publicly displaying XEO, or any of the rights granted under this Agreement, in any way that is not explicitly authorized by OASIS OF UNIVERSE. The theft or misappropriation of game keys/codes (which are the sole property of OASIS OF UNIVERSE) is also strictly prohibited. If you suspect that any of the aforementioned has occurred, please contact firstname.lastname@example.org
d) Technical Misuse: Users are not permitted to modify, merge, distribute, translate, reverse engineer, or attempt to obtain or use source code of, decompile, or disassemble XEO unless specifically allowed by applicable law.
e) Hacking and Cheating: Users are not allowed to create, use, make available, and/or distribute cheats, including but not limited to exploits, automation software, robots, bots, hacks, spiders, spyware, scripts, trainers, extraction tools, or any other software that interacts with or affects XEO in any way. This also includes the use of unauthorized third-party programs that collect information about XEO by reading areas of memory used by XEO to store information.
f) OASIS OF UNIVERSE Services: Users are prohibited from deliberately or maliciously interrupting or interfering with OASIS OF UNIVERSE services, such as customer or technical support, or impersonating OASIS OF UNIVERSE staff.
g) OASIS OF UNIVERSE IT Systems: Users are prohibited from deliberately or maliciously interfering with, disrupting, or accessing restricted areas of OASIS OF UNIVERSE or third-party network software or servers. This includes tunnelling, code injection or insertion, denial of service, modifying or changing software, using any other similar software together with OASIS OF UNIVERSE software, through protocol emulation, or through creation or use of private servers or any analogous services regarding XEO.
h) Data Mining: Users are prohibited from intercepting, mining, or otherwise collecting personal or confidential data or information from XEO.
i) Use of Names and Logos. You are strictly prohibited from using the names, logos, trademarks or other identifying marks of OASIS OF UNIVERSE, XEO, or any other OASIS OF UNIVERSE group entity, except as expressly authorized in writing by OASIS OF UNIVERSE.
j) Infringing Content. You shall not engage in any activity in connection with XEO that infringes upon the intellectual property rights of OASIS OF UNIVERSE or any third party, including but not limited to copyright, trademark, patent, trade secret, privacy, publicity, or other rights.
k) Malicious Code. You are prohibited from uploading, distributing or transmitting any files or content that contains malicious code, including but not limited to viruses, spyware, Trojan horses, worms, time bombs, intentionally corrupted data or any other files that may in any way damage or interfere with the proper functioning of XEO.
l) Geographic Restrictions. You are required to comply with all applicable geographic, regional, language or location-based restrictions, requirements or rules regarding XEO.
m) Appropriate Conduct. You shall not engage in any activity or use XEO in any way that is or may be considered racist, harassing, xenophobic, discriminatory, abusive, defamatory, or otherwise offensive or illegal.
8. FEEDBACK AND CRASH REPORTS
We cherish community feedback, and encourage you to contact our support team at email@example.com to share your experiences. However, please be aware that we retain the right to decline to employ or acknowledge player suggestions, disclaim any responsibility or liability for such suggestions, and are under no obligation to provide financial or other forms of compensation if any suggestions are incorporated into or around the game.
9. THIRD-PARTY CONTENT AND EXTERNAL SERVICES
We may furnish you with links to third-party websites or content via XEO. You may also use XEO across different devices/systems/platforms. Usage of these links and platforms is at your discretion, and we offer no guarantees regarding their functionality, quality, or cost. These devices/systems/platforms may also be subject to their own legal terms, which you should peruse before usage.
10.1. Our Warranties: We warrant that: (a) we possess the right to enter into this Agreement and grant you the license to utilize XEO under section 3; (b) we will handle XEO and your use of it with reasonable care; and (c) we will exert reasonable efforts to comply with relevant laws when carrying out our obligations to you under this Agreement.
10.2. Your Representations and Warranties. You represent and warrant that you possess the full authority and competence to enter into this Agreement and will wholly abide by its terms.
This Section 11 shall not apply to those who are residents of the European Union or countries that explicitly prohibit the limitations on liability described herein. However, this Section shall apply to those who are residents elsewhere, including the United States of America.
11.1 Our Disclaimers. Your use of XEO is solely at your own risk. Except as expressly set forth elsewhere in this Agreement, OASIS OF UNIVERSE and its affiliates, partners, and licensors hereby disclaim any and all implied or express warranties or representations concerning XEO. XEO is provided to you on an "as is" and "as available" basis without any warranties or representations, express or implied, and we shall not be held liable for any loss, damage, or harm of any kind arising from your use of, or inability to use, XEO. To the fullest extent permitted by applicable law, we disclaim all warranties, express or implied, which might apply to XEO, including, but not limited to: implied warranties of title, non-infringement, merchantability, satisfactory quality, fitness for a particular purpose, any warranties that may arise from course of dealing or course of performance or usage of trade, freedom from viruses or errors or defects, and/or any warranties as to the accuracy, legality, reliability or quality of any content or information contained within XEO. We do not warrant that XEO will be uninterrupted or error-free, that defects will be corrected, or that the game will be free of viruses or other harmful components.
11.2 Our Liability Limitation. To the maximum extent permitted by applicable law, OASIS OF UNIVERSE and its affiliates, partners, and licensors shall not be held liable for any loss of profits, charges or expenses, loss of data or any corruption or loss of information, loss of business opportunity, or any special, indirect, punitive, exemplary or consequential loss or damage or disruption of any kind, regardless of the basis for such liability, including breach of contract, tort (including negligence, breach of statutory duty, breach of contract, breach of warranty or strict liability), misrepresentation, restitution, or otherwise, even if the relevant party has been advised of the possibility of such damage.
11.3 LIMITATION OF LIABILITY. To the fullest extent permitted by applicable law, OASIS OF UNIVERSE and its affiliates, partners, and licensors shall not be liable for any damages whatsoever arising out of or in connection with XEO or this Agreement, except for the amount you have actually paid us (if any) in connection with the matters underlying any claim(s). This limitation of liability shall be your sole and exclusive remedy in connection with this Agreement.
11.4 INDEMNIFICATION. You agree to indemnify, defend and hold harmless CD PROJEKT RED, its affiliates, licensors and partners from all damages, liabilities, claims and expenses, including legal fees, arising from (a) any actual or alleged breach of this Agreement by you, (b) your use of XEO or anyone using XEO on your behalf, or (c) infringement of CD OASIS OF UNIVERSE’s, its affiliates’, licensors’, and partners’ intellectual property rights. In the event of any such claims, you agree to cooperate fully with us, and we reserve the right to take over and conduct their defense. You shall not settle any such claims in whole or in part without our prior written consent.
11.5 INJUNCTIVE RELIEF. You acknowledge and agree that any loss, damage, or harm you suffer is not irreparable, and that other remedies at law will be adequate to remedy such loss, damage, or harm. Therefore, you agree that you are not entitled to seek injunctive or other equitable relief against OASIS OF UNIVERSE, its affiliates, licensors and partners.
12.1 Termination by User. You, as the user, reserve the right to terminate this Agreement at any time by discontinuing the use of XEO. Such termination shall not affect any pre-existing rights or obligations of either party.
12.2 Termination by OASIS OF UNIVERS: OASIS OF UNIVERSE may suspend or terminate your access to XEO and this Agreement if you materially breach the terms of this Agreement, including a breach that is serious and could potentially harm XEO, its users, OASIS OF UNIVERSE, its affiliates, licensors, and partners. This applies particularly to the rules specified in Section 7 above. OASIS OF UNIVERSE will make a reasonable attempt to contact you to explain the reasons for such termination and any actions that you can take as a result. If OASIS OF UNIVERSE suspends or terminates your access to XEO and this Agreement pursuant to this section, it will have no further obligations or liabilities to you.
12.3 Discontinuation of XEO. In the unlikely event that OASIS OF UNIVERSE must permanently discontinue access to XEO (in whole or in part, such as on a specific platform) and not due to any breach by you, OASIS OF UNIVERSE will attempt to provide you with at least 90 days' advance notice by posting a notice on its website. OASIS OF UNIVERSE will have no future obligations or liabilities to you in such case, except for any pre-existing obligations or liabilities.
13. FORCE MAJEURE
Neither party shall be liable to the other for any delay or failure in performance of any obligation, in whole or in part, caused by a Force Majeure event.
"For the purposes of this agreement, "Force Majeure" shall mean any event or circumstance beyond the reasonable control of the affected party, including but not limited to, strikes, lockouts, or other industrial disputes (excluding disputes involving the workforce of the affected party), nuclear accidents, acts of God, war or terrorist activity, riot, civil commotion, malicious damage (excluding malicious damage involving the employees of the affected party or its sub-contractors), compliance with any law or governmental order, rule, regulation or direction, industrial action by employees of any providers of electrical power, failure of technical facilities, hacking, denial of service or other IT attack, deployment of IT virus malware or similar technology, pandemics (e.g. COVID-19), fire, flood, or storm, or default of suppliers or sub-contractors."
14. GOVERNING LAW
You and OASIS OF UNIVERSE agree that your use of XEO, and this Agreement, and any issues arising out of them, will be governed by and construed in accordance with the laws of Turkey. Any dispute regarding this Agreement will be subject exclusively to the jurisdiction of the courts of Turkey. In any legal claim under this Agreement, the prevailing party shall be entitled to its legal fees and expenses.
15. DISPUTE RESOLUTION AND BINDING ARBITRATION
15.1 Disputes: While we strive to promptly and amicably resolve any concerns or issues you may have with us through our XEO support service at firstname.lastname@example.org we recognize that certain legal disputes may prove more difficult to resolve. In this section, we set forth our procedures for handling such disputes.
15.2 Informal Dispute Resolution. We both agree to use reasonable and good faith efforts to resolve any disputes between us informally. Ordinarily, we propose a thirty (30) day dispute resolution period, unless exceptional circumstances exist. If a dispute remains unresolved after this period, should be sued in Turkish courts.
16. OTHER LEGAL STUFF
Here is some other "legal stuff" that our legal team recommended we include!
If any part of this Agreement is found to be legally unenforceable, it will not affect any other part of the Agreement.
16.2 No Third Parties.
This Agreement governs our relationship with you (and vice versa). It does not grant any rights to any third party, unless explicitly stated otherwise in this Agreement.
16.3 Other Laws.
Please note that we are subject to various laws, and we may be required to comply with law enforcement or other legal requirements, including import/export controls. You and we agree that the UN Convention on Contracts for the International Sale of Goods does not apply to XEO or this Agreement.
We reserve the right to assign, subcontract or transfer this Agreement to a third party or another member of our group, if necessary for the support of XEO, as part of any reorganization or merger, or for other business reasons. We will notify you if this happens.
No failure or delay by either party to exercise any right or remedy provided under this Agreement or by law will constitute a waiver of that or any other right or remedy, nor will it preclude or restrict the further exercise of that or any other right or remedy, unless explicitly stated otherwise in this Agreement. No single or partial exercise of such right or remedy by either party will preclude or restrict the further exercise of that or any other right or remedy.
16.6 Entire Agreement.
This Agreement, together with the other documents referred to within it, constitutes the entire agreement between you and us regarding this Agreement and supersedes any earlier oral or written agreements.
Please note that the language used in this document is written in US English.
17. CHANGES TO THIS AGREEMENT
17.1 Amendment Authority. We, the party known as OASIS OF UNIVERSE, reserve the right to amend this Agreement at our sole discretion, whenever we deem it necessary, including but not limited to, legal reasons or to reflect changes in XEO. In the event of any amendment, we shall make the updated version of this Agreement available online and endeavor to provide you with reasonable notice of the same, including but not limited to, notification within the game.
17.2 Effective Date. Upon amendment, this Agreement shall become legally binding upon you after the lapse of thirty (30) days from the date of posting the updated version online. During this period, you are welcome to address any specific queries regarding the changes by contacting us at email@example.com. Should you not consent to the revised terms and conditions, regardless of any communication with us, we regret to inform you that you will be precluded from using XEO. We apologize for any inconvenience this may cause, but we trust that you will comprehend that it is imperative that all users are subjected to the same rules and regulations in the interest of the proper functioning of XEO. We thus encourage you to communicate with us should you have any uncertainties or reservations.
YOU CAN DOWNLOAD THE GAME TO LEARN MORE ABOUT XEO AND EVEN WATCH BULLETS DANCE AND TAKE YOUR PLACE IN THE OASIS OF THE UNIVERSE.