Legal

ORODE PRODUCTIONS TERMS OF SERVICES


Thank you for your interest in Codename Reality. As Codename Reality is fully owned and operated by Orode Productions, this agreement sets forth the terms and conditions under which you are licensed to use and install Orode Productions’ platform.
The following general terms and conditions, including its annexes, regulate the use of all online games and any other services provided by Orode Productions.


Annex 1: End User License Agreement


LAST REVISED: June 23, 2019


1. Background


1.1
The Codename Reality (“Codename Reality ”) is fully owned and operated by Orode productions Oude Tweebergenpoort 6 B-02, 6211TD Maastricht, Netherlands ("Codename Reality") Company number: 71662529 . Your use of the Codename Reality is governed by a legal agreement between you and Orode Productions consisting of these Terms of Service ("Terms") which you accept by checking the box indicating your acceptance of these Terms and/or registering as a user of the Codename Reality with a Codename Reality ID or otherwise and the Controller-Controller Data Protection Addendum for Codename Reality. These terms affect your legal rights and obligations, so if you do not agree to the terms, you may not use Orode Productions’ services. These terms are valid for any Games owned and operated by Orode Productions at any stage of its development.


1.2
Anything that you license from, or has been developed by, Orode Productions or that has been made available by third-parties ("Providers") that are not affiliated with Orode Productions, will be subject to Orode Productions’ End User License Agreement ("EULA"), which is Appendix 1 to these Terms and which you accept as an integrated part of these Terms by checking the box indicating your acceptance of these Terms and/or registering as a user of the Codename Reality with a Codename Reality ID or otherwise. Certain Assets may be governed by a Provider end user license agreement.


1.3
You may use Codename Reality to play single player campaign/multi-player software designed in order to facilitate the development of the game and digital media; and content (for example – without limitation – computer graphics, including 3D computer graphics, sounds and music), tutorials and other digital materials created in order to become incorporated and embedded components of the game and digital media). Some of these Assets may be offered by Orode Productions while others may be made available by Providers. You agree that Orode Productions is not responsible for any Asset on Codename Reality that originates from a source other than Codename Reality. Additionally, some Assets may be made available to you at no charge while other Assets may be purchased for a fee. You agree that you are solely responsible for all fees associated with purchases you make from Codename Reality.


2. Provision of the Codename Reality


2.1
You agree that Orode Productions may stop (permanently or temporarily) providing the Codename Reality (or any features within the Codename Reality) to you or to users generally at Orode Productions’ sole discretion, without prior notice to you.


2.2
Orode Productions may make available to you various payment processing methods to facilitate the purchase of Assets from the Codename Reality. You agree to abide by any relevant terms of service or other legal agreement, whether with Orode Productions or a third party, that governs your use of a given payment processing method. You agree that Orode Productions reserves the right to add or remove payment processing methods at its sole discretion and without notice to you.


2.3
From time to time, Orode Productions may discover an Asset on Codename Reality that violates the Provider Agreement between a Provider and Codename Reality or other legal agreements, laws, regulations or policies. You agree that in such an instance Orode Productions retains the right at its sole discretion to demand that such Asset is removed from any computer or other equipment under your control and you agree to promptly comply with such demand.


3. Your Use of the Codename Reality  


3.1 
In order to access certain services in Codename Reality, you may be required to provide information about yourself such as your name, address, and billing details. You agree that any such information you provide to Orode Productions will always be accurate, correct and up to date.


3.2
You agree to use the Codename Reality only for purposes that are permitted by (a) the Terms and Guidelines and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. You agree to comply with all local laws and regulations regarding the download, installation and/or use of the Full/Demo.


3.3
You agree not to access (or attempt to access) the Codename Reality by any means other than through the interface that is provided by Codename Reality, unless you have been specifically allowed to do so in a separate agreement with Orode Productions. You specifically agree not to access (or attempt to access) Codename Reality through any automated means (including use of scripts, crawlers or similar technologies from time to time).


3.4
You agree that you will not engage in any activity that interferes with or disrupts Codename Reality (or the servers, payment systems or networks which are connected to the Codename Reality). You agree that you will not use any of the Assets found on the Codename Reality in a way that interferes or disrupts any servers, payment systems, networks, or websites operated by Codename Reality or any third party.


3.5
Unless you have been specifically permitted to do so in a separate agreement with Orode Productions and except as permitted in Annex 1 (EULA), you agree that you will not reproduce, duplicate, copy, sell, trade or resell anything that you have licensed from the Codename Reality for any purpose.


3.6
You agree that you are solely responsible for (and that Orode Productions/Codename Reality has no responsibility to you or to any third party for) your use of the Codename Reality or any Asset, any breach of your obligations under the Terms, and for the consequences (including loss or damage of any kind which Codename Reality/Orode Productions may suffer) of any such breach.


3.7
You agree to comply with any and all applicable tax laws, including the reporting and payment of any taxes arising in connection with your use of Codename Reality or the purchase of Assets through the Codename Reality, and that the reporting and payment of any such applicable taxes are your responsibility.


3.8
You agree that Orode Productions and/or third parties own all right, title and interest in and to the Codename Reality and any Assets available through the Codename Reality, including without limitation all applicable Intellectual Property Rights in the Codename Reality. "Intellectual Property Rights" means any and all intellectual property rights wherever in the world and whenever arising (and including any application), including patent laws, copyright, trade secrets, know-how, confidential information, business names and domain names, computer programs, trademark laws, service marks, trade names, utility models, design rights, semi-conductor topography rights, database rights, goodwill or rights to sue for passing off, and any and all other proprietary rights worldwide. You agree that you will not, and will not allow any third party to, (i) copy, sell, license, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Codename Reality, Codename Reality Demo or the Assets, unless otherwise permitted; (ii) take any action to circumvent or defeat the security or content usage rules provided, deployed or enforced by any functionality (including without limitation digital rights management or forward-lock functionality) in the Codename Reality, Codename Reality Demo or Assets; (iii) use the Codename Reality, Codename Reality Demo or Assets to access, copy, transfer, transcode or retransmit content in violation of any law or third party rights, or; (iv) remove, obscure, or alter Codename Reality's or any third party's copyright notices, trademarks, or other proprietary rights notices affixed to or contained within the Codename Reality, Codename Reality Demo or Assets.


3.9
While Orode Productions does not undertake any legal obligation to monitor, pre-screen, review, flag, filter, modify, refuse or remove any of their content from the Codename Reality, Codename Reality reserves the right to do so, and if Codename Reality is notified by user or otherwise becomes aware and determines in its sole discretion any portion thereof (a) violates the intellectual property rights or any other rights of any third party; (b) violates any applicable law or is subject to an injunction; (c) is pornographic, obscene or otherwise violates Codename Reality's policies or other terms of service as may be updated by Orode Productions from time to time in its sole discretion; (d) is being distributed by Provider improperly; (e) may create liability for Orode Productions; (f) is deemed by Orode Productions to have a virus or is deemed to be malware, spyware or have an adverse impact on Codename Reality; (g) violates the terms of this Agreement; or (h) the display is impacting the integrity of Codename Reality servers (i.e., Customers are unable to access such content or otherwise experience difficulty), In addition, Orode Productions shall itself be entitled to edit and make changes in the Demo/full game. Finally, Orode Productions shall be entitled to remove the issue from the Codename Reality  immediately, or reclassify at its sole discretion. Orode Productions reserves the right to suspend and/or bar any User from the Codename Reality/Demo at its sole discretion. Irrespective of the above, you agree that by using the Codename Reality/Demo you may be exposed to inappropriate personalities that you may find offensive, indecent or objectionable and that you use the Codename Reality at your own risk.


4. Codename Reality Services and Third Party Assets and Services


4.1
Some components of Assets (whether developed by Orode Productions or third parties) may also be governed by third-party software licenses. In the event of a conflict between the Terms, the EULA and any such licenses, the third-party software licenses shall prevail with respect only to those components. 


5. Automatic Updates


5.1
Orode Productions and Providers may communicate with Codename Reality servers or Providers' servers as the case may be from time to time to check for available updates to Codename Reality, such as bug fixes, patches, enhanced functions, missing plug-ins and new versions. By installing the Game , you agree to such automatically requested and received Updates.


6. Indemnifications


6.1
To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless Orode productions, its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from your use of the Codename Reality/demo , including your licensing, downloading, installation, or use of any Assets, or your violation of these Terms.

7.Termination


7.1
These Terms will continue to apply until terminated by either you or Orode productions as set out below.


7.2
If you want to terminate these Terms, you may do so by ceasing your use of Codename Reality and any corresponding files downloaded from the Orode productions.


7.3
Orode productions may at any time, terminate these Terms with you if (a) you have breached any provision of these Terms; or (b) Orode productions is required to do so by law; or (c) Orode productions decides to no longer provide Codename Reality/Demo.


7.4
When these Terms come to an end, all of the legal rights, obligations and liabilities that you and Orode productions have benefited from, been subject to (or which have accrued over time whilst these Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of Section 11 shall continue to apply to such rights, obligations and liabilities indefinitely.


8. Disclaimer of Warranties


8.1 
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE CODENAME REALITY/DEMO  AND ANY ASSETS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE CODENAME REALITY  IS AT YOUR SOLE RISK AND THAT THE CODENAME REALITY  IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. IN PARTICULAR, CODENAME REALITY, ITS SUBSIDIARIES, HOLDING COMPANIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE CODENAME REALITY  WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE CODENAME REALITY/DEMO  WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR.


8.2
YOUR USE OF THE CODENAME REALITY/DEMO  AND ANY ASSETS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE CODENAME REALITY/DEMO  IS AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, OR OTHER DEVICE, OR LOSS OF DATA THAT RESULTS FROM SUCH USE.


8.3
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CODENAME REALITY FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES TERMS OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES TERMS AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WITH RESPECT TO ANY ASSETS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE CODENAME REALITY   AS WELL AS THE ORODE PRODUCTIONS ITSELF.

9. Limitation of Liability


9.1
ORODE PRODUCTIONS AND ITS SUBSIDIARIES, HOLDING COMPANIES AND OTHER AFFILIATES TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY UNDER THESE TERMS WILL BE LIMITED TO THE AMOUNTS PAID TO ORODE PRODUCTIONS  BY YOU IN THE PAST SIX MONTHS FOR THE ASSETS RELATING TO THE DISPUTE. IN NO EVENT WILL ORODE PRODUCTIONS OR ITS SUBSIDIARIES, HOLDING COMPANIES AND OTHER AFFILIATES SHALL BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, BUSINESS, PROFITS OR ABILITY TO EXECUTE) OR FOR THE COST OF PROCURING SUBSTITUTE PRODUCTS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE   OR ANY ASSETS LICENSED, DOWNLOADED OR OTHERWISE OBTAINED FROM THE ORODE PRODUCTIONS, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT ORODE PRODUCTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THE FOREGOING LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.


9.2
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ORODE PRODUCTIONS, ITS SUBSIDIARIES, HOLDING COMPANIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF (A) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY,  ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS IN THE ASSETS OR ON THE ORODE PRODUCTIONS  ; (B) ANY CHANGES WHICH ORODE PRODUCTIONS MAY MAKE TO THE ASSETS OR ON THE ORODE PRODUCTIONS  , OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE ORODE PRODUCTIONS   OR THE ASSETS (OR ANY FEATURES WITHIN THE ASSETS); (C) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE ORODE PRODUCTIONS  OR THE ASSETS; OR (D) YOUR FAILURE TO PROVIDE ORODE PRODUCTIONS WITH ACCURATE ACCOUNT INFORMATION;


9.3 
NOTHING IN THE TERMS EXCLUDES THE LIABILITY FOR ORODE PRODUCTIONS, ITS SUBSIDIARIES OR AFFILIATES FOR (A) DEATH AND PERSONAL INJURY CAUSED BY NEGLIGENCE; (B) FRAUDULENT MISREPRESENTATION; OR (C) ANY OTHER LIABILITY WHICH CANNOT BE LIMITED BY APPLICABLE LAW.


10. Change of Terms


10.1
Orode Productions may add or make changes to the Terms from time to time. When these changes are made, Orode Productions will make a new copy of the Terms available to it use by a direct link through the corresponding website.


10.2
You understand and agree that if you use the Orode Productions and the Assets after the date on which the Terms have changed Orode Productions will treat your use as acceptance of the updated Terms.

11. Dispute Resolution


These Terms, and your relationship with Orode Productions under these Terms, shall be governed by the laws of Netherlands without regard to its conflict of laws provisions. Any dispute arising out of or in connection with these Terms, including, but not limited to any disputes regarding the existence, validity or termination thereof, shall be settled by negotiation. If, after 30 days, parties either failed to conduct negotiations or failed to agree in writing on the settlement of the dispute, the dispute shall be settled by means of mediation governed by the ICC Mediation Rules effective on that date in conjunction with 11.1. In case of failure, before entering into litigation as a last resort, the dispute must be referred to simplified arbitration under the rules of simplified arbitration procedure by the Netherlands Arbitration Institute (NAI) in force at the time when such proceedings are commenced. Notwithstanding this, you agree that Orode Productions shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

11.1 Mediation Rules 


11.1.a Time Limits 
Before filing a request to the ICC, both parties shall agree mutually on a mediator within 14 days after the negotiation has failed. If no agreement to settle is reached within 30 days, the dispute shall be referred to arbitration.

11.1.b Language of Mediation and Place of physical Meetings
Unless otherwise agreed by both parties to the dispute, the mediation shall be held in English and shall take place in Maastricht, the Netherlands.

 

12. General Legal Terms


12.1
These Terms, including its annexes, constitutes the whole legal agreement between you and Orode Productions and govern your use of the Codename Reality/Demo and the Assets, and completely replace any prior agreements between you and Orode Productions in relation to the Codename Reality/Demo  and the Assets. Each party confirms that, in entering into the Terms it has not relied upon any representations or statements not expressly incorporated herein. Notwithstanding anything else in the Terms, neither party limits or excludes liability for fraudulent misrepresentation.


12.2
You agree that if Orode Productions does not exercise or enforce any legal right or remedy which is contained in these Terms (or which Orode Productions has the benefit of under any applicable law), this will not be taken to be a formal waiver of Orode Productions’s rights and that those rights or remedies will still be available to Orode productions.


12.3
If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of these Terms will continue to be valid and enforceable.


12.4
You acknowledge and agree that each member of the group of companies with which Orode Productions is affiliated shall be third party beneficiaries to these Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of these Terms that confers a benefit on (or rights in favour of) them. Other than this, no other person or company shall be third party beneficiaries to these Terms.


12.5
The rights granted in the Terms may not be assigned or transferred by you without the prior written approval of Orode Productions. Nor shall you be permitted to delegate your responsibilities or obligations under these Terms without the prior written approval of Orode Productions.


12.6
The rights granted in the Terms may be assigned or transferred by Orode Productions without your prior written approval. In addition Orode Productions shall be permitted to delegate its responsibilities or obligations under these Terms without your written approval.


12.7
Orode Productions shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Orode Productions, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Orode Productions’ control such as acts of war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.


13. Contact Information


If you have any questions about these Terms or the Services, please contact Orode Productions at [e-mail] or Oude Tweebergenpoort 6 B-02, 6211TD Maastricht, Netherlands.

 

 

 

 

 


ANNEX 1:
Orode Productions End User License Agreement
IMPORTANT NOTICE:
BEFORE INSTALLING OR USING ORODE PRODUCTION’S (“ORODE”) ONLINE PLATFORM YOU (THE “END USER”) SHOULD READ THIS END USER LICENSE AGREEMENT (THE “AGREEMENT”, “EULA”) CAREFULLY. IF YOU DO NOT AGREE FULLY WITH ALL OF THE TERMS INCLUDED IN THE AGREEMENT, INCLUDING THOSE WHICH ARE REFERRED TO AND MORE THOROUGHLY DEFINED IN ORODE PRODUCTION’S TERMS OF SERVICES, YOU MAY NOT DOWNLOAD SOFTWARE, OR ACCESS OR USE THE PLATFORM IN ANY FORM. IF YOU REJECT THE TERMS WITHIN FOURTEEN (14) DAYS AFTER YOUR PURCHASE OF THE GAME, YOU MAY CONTACT ORODE THROUGH [insert hyperlink] TO INQUIRE ABOUT A FULL REFUND OF THE PURCHASE PRICE. NOTE THAT THE SECTION ABOUT DISPUTE RESOLUTION AFFECTS YOUR LEGAL RIGHTS.

1. Subject Matter of the Agreement
1.1
This Orode Productions End User License Agreement (“EULA”) is a non-exclusive, legally binding end user license agreement between any individual or a single entity (“End User”) that acquires a license to any Game/Asset from the Orode Productions and either (a) Orode Productions (company number: 71662529), Oude Tweebergenpoort 6 B-02, 6211TD Maastricht, Netherlands (“Licensor” or "Orode Productions"); or, as the case may be (b) any third party (“Provider”) that distributes its Assets from the Orode Productions. Consequently, this EULA shall apply regardless of whether a purchased Asset is produced by Orode Productions or by a Provider. This EULA is therefore a non-exclusive, legally binding end user license agreement as the case may be between either (i) Orode Productions and you, the End User (in which case the term "Licensor" shall refer to Orode Productions), or (ii) Provider and you, the End User (in which case the term "Licensor" shall refer to Provider).


1.2
The subject matter of this EULA is the licensing to you, the End User, of any Games/Assets from Licensor via the Orode Productions. 


1.3
By installing, copying, accessing, downloading or otherwise using Games/Assets, you agree to be bound by the provisions of the Agreement. All terms defined in the Terms of Services of Orode Productions shall also apply to this Agreement unless the wording of the provision clearly provides for a different understanding.


1.4
You hereby acknowledge that as soon as you acquire a license to a Game/Asset which in the Orode Productions is marked as an Asset which is distributed by Provider (as opposed to Codename Reality), then the Provider shall be considered as the Licensor of such Asset and, consequently, only the Provider (as opposed to Orode Productions) shall be responsible for any liability whatsoever under, any EULA or any breach by Provider, including (without limitation) liability for infringement of any intellectual property rights, irrespective of the fact that payment takes place to Orode Productions.

2. The Platform


2.1 License Terms of Use
If you accept and comply with the terms of this Agreement, Orode Productions will grant, and you will receive, a limited, revocable, non-sub licensable, and non-exclusive license to use the Platform subject to the limitations set forth in this agreement. 

⦁    All purchases are final and there shall be no refunds except as expressly provided in this EULA or as required by law.

⦁    On acceptance of your order for licenses to a Game/Assets, content will be immediately available for download. You expressly consent to the making available of that content immediately upon acceptance of orders. If you are a resident of the European Union and purchase any license from Licensor, the right to withdraw from such purchase within 14 days of the date of purchase ("Cooling Off Period") may be available; however, this right of withdrawal will not apply where performance begins before the end of the Cooling Off Period. Therefore, you expressly agree and understand that if you order any license to any Asset, your right of withdrawal is forfeited upon acceptance as performance begins immediately on acceptance.


⦁    You may request a refund from a Provider in the following circumstances:
                (a) within 2 weeks of purchase of a license to where,
            (1) the product it was not as advertised (including any demo                 made     available);
            (2) the Asset includes unauthorized intellectual property.
                (b) the Asset is removed from the Orode Productions within 4 weeks         of purchase of a license to a Codename reality/ demo and,
                            (1) the Provider caused the removal; or
                            (2) Orode Productions removed it because it is or is alleged to             be defective, malicious, infringes intellectual property rights of             another person, defames, violates a third party's right of                 publicity or privacy, or does not comply with applicable law.
⦁    Orode Productions may suspend or revoke your license to use the Platform in any form, if you stand in direct or indirect connection with, inter alia, derivative works, cheating (cheats, bots, hacks, any code and/or software not expressly authorized by Orode Productions), commercial use, cloud computing, data mining, duplicated items, matchmaking, unauthorized connections, transfers, disruptions/harassment, and violation of applicable laws

⦁    An internet connection is required to validate the license for Orode Production’s software and services. You agree to the use of information regarding your computer, hardware, and operating system to create an anonymous machine identifier for purposes of validating your license rights and updates.

⦁    The software may automatically download and install updates, upgrades and additional features that Orode Productions deems reasonable, beneficial to you, and/or reasonably necessary. Orode Productions has no obligation to support previous versions. The granted License shall apply to any updates, upgrades and/or additional features that are not tied to a separate license or other agreement.

2.2 Creation of Account
⦁    To use the platform, you must register with Orode Productions and create an account (an “Account”). An Account may be established if you are a “natural person” and an adult in your country of residence. Subject to the laws of your country of residence, you as parents or legal guardians may permit minor children to utilize your Account. With this permission, parents or legal guardians agree to the Agreement on behalf of themselves and the minor child and understand that all actions taken by the minor child, whether or not the minor child received a specific authorization for the specific action from the creator of the account fall under the responsibility of the parents or legal guardians who will be held liable for that action. Orode Productions reserves the right to nevertheless specifically prohibit natural persons from using the platform if this is in the community’s interest.

⦁    The creation of an Account requires you to provide Orode Productions with accurate personal information, such as your name and address as officially registered with the relevant authorities in your country of residence, and contact information such as phone number and email address. You may also be required to provide Orode Productions with payment information. 

⦁    You agree to pay all fees and applicable taxes incurred by you or anyone using your Account. Especially in this regard, but not limited to this matter only, you are responsible to hold the Login information confidential. You must immediately contact Orode Productions if you become aware of or reasonably suspect any breach of security relating to your Account. 

⦁    Orode Productions has the right to monitor and/or record your communications when the Platform is used by you. This communication may be disclosed by Orode Productions for any reason such as, inter alia: (a) when required by law or state authorities; (b) to enforce Orode Production’s policy and interests and protect it’s legal rights and remedies; or (c) to protect the health and safety of anyone that may be believed to be threatened by your action.

You may use the licensed Games/Assets only for their intended purpose.
  
2.3
Some components of Assets (whether developed by Orode Productions or third parties) may also be governed by applicable open source software licenses. In the event of a conflict between the applicable EULA and any such open source licenses, the open source software licenses shall prevail with respect to those components.


2.4
You agree that no modification or use of those Assets shall (a) infringe, misappropriate, or violate a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy; (b) violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to liability of any kind; (c) be fraudulent, false, misleading, or deceptive; (d) be defamatory, obscene, pornographic, vulgar, or offensive; (e) promote discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (f) promote violence or actions that are threatening to any other person; or (g) promote illegal or harmful activities or substances.


3. Orode Production’s Ownership


3.1
All Games/Assets are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties

.
3.2
All title and intellectual property rights in and to all Games/Assets (including but not limited to any software, images, photographs, animations, graphics, 3D graphics, video, audio, music, text, tutorials, and “applets” incorporated into the Assets), the accompanying printed materials, and any copies of the Assets are owned by Licensor. All rights not expressly granted are reserved by Licensor. For greater certainty and without limitation of the foregoing, use of Assets, whether modified as permitted hereunder or unmodified, is limited to use as expressly provided in this EULA.


3.3
This EULA does not grant to you any rights in connection with any trademarks or service marks of Licensor, Provider or Licensor's other suppliers.


4. Termination


4.1
You may terminate your license at any time by notifying Orode Production by email at [HYPERLINK]


4.2
Without prejudice to any other rights, Orode Productions may terminate this Agreement at any time for any reason, or for no reason, with or without notice to you. In case of minor violations, Orode Productions may provide you with a prior warning and/or suspend your use of the Account before terminating the Agreement. 

4.3
In the event that Orode Productions at its discretion or as a result of a decision made by any competent court or authority makes a refund to you of the fees paid for any Asset, then this EULA shall terminate for such Asset.


4.4
In the event of termination of this EULA, all rights you may have had to any access or virtual goods are forfeit, and you agree that you are not entitled to any refund which were pre-paid on your Account prior to termination. You shall immediately destroy any and all copies of the Assets contained on any type of media under your control and confirm such destruction in writing to Licensor.


5. Duplication Rights/Back Up Copy


5.1
You may not make copies of the files or anything related to Orode Productions, except incidental transient or temporary copies or otherwise to the extent that such activity is expressly permitted under mandatory statutory applicable law. 


5.2
After installation of one copy of the installation file pursuant to this EULA, you may keep the original copy of the installation file solely for back-up or archival purposes.

6. Reverse Engineering, Decompilation, and Disassembly
You understand that you are under no circumstances allowed to reverse engineer, decompile, or disassemble any file associated with Orode Productions, except and only to the extent that such activity is expressly permitted under mandatory statutory applicable law.

 


7. Upgrades and Support

7.1
Licensor may at its own discretion from time to time provide updates of Games/Assets to you without requesting further payment only in accordance with the terms of this EULA.


7.2
You are entitled to support if you request it from the Licensor.

8 Changes to this Agreement


Orode Productions may modify this License from time to time. For users who accepted a version of this License prior to modification, the revisions will become effective thirty (30) after its publication on the Orode Production website. Your continued use of the Platform means you accept the changes.

9. Disclaimer of Warranties


9.1
YOU UNDERSTAND AND ACCEPT THAT PRIOR TO PLAYING ANY GAME FROM ORODE PRODUCTIONS, ORODE PRODUCTIONS DOES NOT UNDERTAKE ANY LEGAL OBLIGATION TO MONITOR, PRE-SCREEN, REVIEW, FLAG, FILTER, MODIFY, REFUSE OR REMOVE ANYTHING MADE OR THEIR CONTENT FROM THE GAME/ASSET. CONSEQUENTLY, YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE GAME/ASSET IS AT YOUR SOLE RISK AND THAT YOU ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. IN PARTICULAR, LICENSOR, ITS SUBSIDIARIES, HOLDING COMPANIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE ASSETS WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE ASSETS WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR.


9.2
YOUR USE OF ANYTHING FROM ORODE PRODUCTIONS IS AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, OR OTHER DEVICE, OR LOSS OF DATA THAT RESULTS FROM SUCH USE.


9.3
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES TERMS OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES TERMS AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WITH RESPECT TO ANY ASSETS.

10. Limitation of Liability; Limited Defense/Indemnity


10.1
SUBJECT TO THIS SECTION 10, LICENSOR AND ITS SUBSIDIARIES, HOLDING COMPANIES AND OTHER AFFILIATES’ TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY UNDER THESE TERMS, INCLUDING WITHOUT LIMITATION ANY LIABILITY FOR DIRECT OR INDIRECT DAMAGES, LOSSES, OR INJURIES AND ANY LIABILITY UNDER SECTION 10.3,  WILL BE LIMITED TO THE AMOUNTS PAID TO LICENSOR BY YOU IN THE PAST SIX MONTHS FOR THE LICENSE TO ORODE PRODUCTIONS,  ASSETS RELATING TO THE DISPUTE.
SUBJECT TO THIS SECTION 10, IN NO EVENT WILL LICENSOR OR ITS SUBSIDIARIES, HOLDING COMPANIES AND OTHER AFFILIATES BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, BUSINESS, PROFITS OR ABILITY TO EXECUTE) OR FOR THE COST OF PROCURING SUBSTITUTE PRODUCTS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF ANY GAMES   OR ANY ASSETS LICENSED, DOWNLOADED OR OTHERWISE OBTAINED FROM THE ORODE PRODUCTIONS , WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, INDEMNITY, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THE FOREGOING LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. 


10.2
SUBJECT TO THIS SECTION 10, YOU EXPRESSLY UNDERSTAND AND AGREE THAT LICENSOR, ITS SUBSIDIARIES, HOLDING COMPANIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF (A) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND LICENSOR OR ANY, ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS IN GAMES/ ASSETS OR ON THE ORODE PRODUCTIONS  ; (B) ANY CHANGES WHICH LICENSOR MAY MAKE TO THE ASSETS OR ON THE GAMES/ ASSETS WILL BE SUBJECT TO THE EULA OR RELEVANT LAW , OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE ORODE PRODUCTIONS OR GAMES/ ASSETS (OR ANY FEATURES WITHIN THE ASSETS); (C) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE ASSETS; OR (D)  FAILURE TO PROVIDE ORODE PRODUCTIONS  WITH ACCURATE ACCOUNT INFORMATION; 


10.3
(i)    Nothing in this EULA excludes the liability for Licensor, its subsidiaries or     affiliates for (a) death and personal injury caused by negligence; (b)     fraudulent misrepresentation; or (c) any other liability which cannot be     limited by applicable law.
(ii)    In respect of Assets whose license is offered for any obligatory fee, charge,     or price, Licensor agrees to the limited obligation of defense and indemnity     of this Section 10.
(iii)    In order to claim an obligation of defense under the preceding Section, you     must (a) inform the Licensor in writing of the existence of the claim within ten     (10) days of it coming to your attention; and (b) give the Licensor sole right     to control the defense or settlement of the claim, provided that you will have     the right to approve of any proposed settlement in which there is any     admission of any kind by you, such approval not to be unreasonably     withheld, conditioned, or delayed. You will, at your expense, provide Licensor     with reasonable co-operation in Licensor’s defense of the claim.     Notwithstanding the foregoing, you may, at your expense, participate in the     defense of the claim with separate counsel of its own choosing.

11. Export Restrictions
Assets used by Orode Productions may be subject to laws, administrative regulations and executive orders of those authorities responsible according to any applicable laws relating to the control of imports and exports of the Assets (“Export Laws”). You agree to comply with all applicable Export Laws and you shall not export or re-export directly or indirectly (including via remote access) any part of the Assets to any country to which a license is required under the Export Laws without first obtaining a license.

12. Dispute Resolution
Any and all disputes between you and Orode Productions which arise out of this Agreement will be resolved in accordance with the Orode Productions Dispute Resolution Policy, which is available for your review in our Terms of Services.


13. Venue and Applicable Law
This EULA and your (The End User) relationship with Licensor under this EULA, shall be governed by, and will be construed under, the laws of Netherlands without regard to its choice of law, and conflict of laws provisions.

 

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