END USER LICENSE AGREEMENT (EULA)
HEAT REBORN
YOU ARE REQUIRED TO CAREFULLY READ THE FOLLOWING END USER LICENSE AGREEMENT BEFORE INSTALLING THIS SOFTWARE PROGRAM. The terms of this End User license Agreement (The “Terms”) set out some rules for downloading and using our Game which enable will HEAT REBORN DEV TEAM (hereinafter referred to as “We”, “Us”, “Our”, “Company”, “Licensor” and “Developer”) to guard the HEAT REBORN Game (the “Game Application”) and the members of our community.
These license terms are a legal agreement between you (hereinafter referred to as the “User”, or “Licensee”) and the Licensor. It also describes the terms and conditions for using the Game. We understand that generally, users do not take pleasure in reading voluminous documents, so we have ensured to keep it as short as possible. As a user, you understand that in the event you break these rules we may terminate your use of the Game Application. If we deem it necessary, we might even have to ask our lawyers to help.
BY INSTALLING, COPYING, OR OTHERWISE USING THE GAME APPLICATION, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PROMPTLY CONTACT YOUR PLACE OF PURCHASE REGARDING ITS RETURN POLICY FOR THE SOFTWARE PRODUCT.
By adopting any measure to download, install or use all or any component of the Desktop Game software (including but not limited to the software, files, add-ons, user-generated content or downloadable and documentation (“software”) or using HEAT REBORN’s services in connection with the software, including but not limited to:
(i.) Access to the game resources; and
(ii.) Access to personalized contents through HEAT REBORN’s network and/or other networks operated by the Licensor (the “Game Services”).
You accept and agree to be bound by all the terms and conditions of this EULA if you acquire this software for use, you represent that you are an authorized representative who has the authority to legally bind your company to this EULA. If licensee does not agree to this terms, licensee may not use this application and must immediately remove the software from the licensee’s mobile device, mobile communication terminal or computer.
The Software consists of: (a.) the HEAT REBORN Multiplayer Online Game Application and other game features, provided in connection with an authorized link to this Agreement, including all Software, code, text, graphics, logos, layouts, designs, interfaces, and other items included in or associated with the Software; and (b.) any files that are delivered to you by Licensor (via online transmission, through a third party distributor, or otherwise) to patch, update, or otherwise modify the HEAT REBORN Game Software.
HEAT REBORN is an improved Desktop Multiplayer online game with enhanced graphics, game balance, bug-free environment by means of innovative technology powered by communication. The Software may provide a means to other products and services offered by Licensor, and documents, audio and video materials, photographs, text, graphics, logos, layouts, designs, interfaces, Software, data and other content associated with the Services (“Content”). The Software, Services and Content are copyrighted works of HEAT REBORN DEV TEAM and may contain trademarks, service marks, trade names, and other intellectual property of the Licensor.
If you are a minor (which majorly depends on your country of residence), please ask your parent or guardian to review and approve this EULA on your behalf (because legally minors cannot enter into agreements like this EULA).
The Software and Content, and your use of the Services, are also subject to Licensor ‘Terms of Use and Privacy Policy (collectively “HEAT REBORN Terms”) which are incorporated into this Agreement by this reference. There may also be additional terms that Licensor presents to you in connection with the Software, for example, at the time of download (“Additional Terms”). If there is a conflict between this Agreement and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly provide otherwise.
MODIFICATIONS TO THIS EULA
This Agreement applies to all downloading or installation of the Software after the Effective Date below and use of any copy of the Software downloaded or installed after the Effective Date above. This EULA may be updated by Licensor from time to time. Once this EULA is updated or amended, Licensor will release the updated terms of the EULA in the Software or on Licensor’ web page at https://www.heatreborn.com or on Steam platform. Once the updated terms of the EULA are released, the updated terms will effectively substitute the original terms of the EULA. The Licensee may use the Software or website to review the latest version of the terms of this EULA at any time.
CHANGES TO SOFTWARE AND SERVICE OFFERINGS
Licensor or the Distribution Channel may change pricing for the Software, Services and Content. We may not provide price protection or refunds due to price reductions, promotional pricing, or any other changes to pricing for any reason.
You acknowledge and agree that Licensor may suspend or discontinue offering the Software; modify the Software; change or discontinue the Services available through the Software; change how we offer and operate such Services (e.g., to begin charging a fee to access features or Content that we previously made available without charge); remove Content; impose limits on certain features or restrict your access to part or all of the Software, Services and Content; or make other changes in Licensor’ product and service offerings at its sole discretion and with or without notice to you. We will not be liable to you or any third party for taking any of these actions and we will not be limited to the remedies above if you violate these Terms. You further acknowledge and agree that even if a copy of the Software continues to reside on your device, after we make changes in our product or services offerings, the Software may not work as it did prior to such action, and Licensor will have no liability to you or any third party as a result.
GRANT OF LICENSE
The Company (or its licensors) grants You a non-exclusive, non-transferable, non-sublicensed, non-commercial, and personal license to install and/or use the Game (in whole or in part) and any Product (the “License”), for such time until either You or Licensor terminates this EULA. You must in no event use, nor allow others to use, the Game or this License for commercial purposes without obtaining a license to do so from the Licensor. Updates, upgrades, patches and modifications may be necessary in order to be able to continue to use the Product on certain hardware. THIS GAME IS LICENSED TO YOU, NOT SOLD.
As applicable, certain parts of the Software may be using third party features, some of which are managed by third-party providers for which additional terms and/or costs may apply. You must comply with such additional terms: for instance, if the Game Software is featuring a VoIP application, then You must comply with the associated wireless data service agreement when using the Product). Please review such additional terms and costs carefully.
You shall not, directly or indirectly (i.) sell, rent out, lease, license, distribute, market, exploit the Game or any of its parts commercially, (ii.) reverse engineer, decompile, disassemble, adapt, reproduce, or create derivate works of this Game (except if the game enable You through a specific feature to create, generate or submit User Generated Content and for which You will need to create an Account and comply Terms of Use), in whole or in part; (iii.) create, use and/or distribute “auto”, “trainer”, “script” or “macro” computer programs or other “cheat” or “hack” programs or software applications for this Game (whether in an online multiplayer game or in a single player game over the internet or in local area network); (iv.) remove, alter, disable or circumvent any copyright and trademark indications or other authorship and origin information, notices or labels contained on or within this Game; (v.) conduct or sponsor any form of advertising on the Game; and (vi.) export or re-export this Game or any copy of adaptation in violation of any applicable laws or regulations.
In the process of operating the Game, You agree to comply will all applicable laws, rules and regulations. You also agree to comply with certain rules of conduct that governs Your use of the Game (“Rules of Conduct”), which are not meant to be exhaustive and can be modified at any time by Licensor. In all cases,
You may only use the Game Software according to anticipated use of the Game. Notwithstanding, you understand that if found wanting in any area of using the game application i.e. breaking or bending the rules via any means, or through cheating using special software knowingly or unknowingly, Licensor will immediately terminate such user account without notice to licensee.
For example purposes, and without limiting Licensor’s rights to take action against You, You may not:
a. create, use, share and/or publish by any means in relation to the Product any material (text, words, images, sounds, videos, etc.) which would breach of a duty of confidentiality, infringe any intellectual property right or an individual’s right to privacy or which would incite the committing of an unlawful act (in particular, piracy, cracking or circulation of counterfeit software);
b. conduct or sponsor any form of advertising on the Game;
c. modify, distort, block, abnormally burden, disrupt, slow down and/or hinder the normal functioning of all or part of the Game, or their accessibility to other users, or the functioning of the partner networks of the Game, or attempt to do any of the above;
d. transmit or propagate any virus, trojan horse, worm, bomb, corrupted file and/or similar destructive device or corrupted data in relation to the Game, and/or organize, participate in, or be involved in any way in an attack on Licensor’s servers and/or the Game and/or those of its service providers and partners;
e. create, supply or use alternative methods of using the Game, for example server emulators;
f. spamming chat, whether for personal or commercial purposes, by disrupting the flow of conversation with repeated postings of a similar nature;
g. transmitting or communicating any material or content which, in the sole and exclusive discretion of Licensor, is believed or deemed offensive, including, but not limited to, language that is harmful, threatening, unlawful, abusive, harassing, defamatory, disparaging, obscene, sexually explicit, or racially, ethnically, or otherwise objectionable;
h. harassing or threatening any other users in the Game;
i. make inappropriate use of the help service or the claim buttons or send untruthful reports to members of Licensor’s personnel;
j. falsely claim to be an employee or representative of Licensor or its partners and/or agents;
k. falsely claim an endorsement in connection with the Game or with Licensor.
OWNERSHIP
You understand that all title, ownership rights and intellectual property rights in and to the Game and all copies thereof (including, but not limited to, any titles, computer code, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artwork, character inventories, structural or landscape designs, animations, sounds, musical compositions, audio-visual effects, storylines, character likenesses, methods of operation, moral rights, any related documentation, and “applets” incorporated into the Game) are owned or licensed by Licensor. The Game is protected by the copyright laws of the Hong Kong, international copyright treaties and conventions, and other laws. All rights are reserved. The Game may contain certain licensed materials, and the licensors of those materials may enforce their rights in the event of any violation of this License Agreement.
Licensee may not transfer ownership of the Game, any parts thereof, nor any of your rights and obligations under the License Agreement, to another. You hereby release and covenant not to hold liable Licensor or its affiliates, or any of their licensees, assigns or successors, for any and all damages, liabilities, causes of action, judgments or claims (a.) pertaining to any intellectual property you assert to have been developed by you or any third party that interacts with, uses, or relates to the Game; and (b.) which otherwise may arise in connection with your use of, reliance on, or reference to the Game. Licensor retains the Intellectual Property Rights in and to the Game and any derivative works thereto created by or for any other person or entity.
CONTENT
Peradventure you make any content available on or through our Game, you agree to give us permission to use, copy, modify, adapt, distribute, and publicly display that content. This permission is irrevocable, and you also agree to let us permit other people to use, copy, modify, adapt, distribute, and publicly display your content. You are not giving up your ownership rights in your content, you are just giving us and other users permission to use it. For example, we may need to copy, reformat, and distribute content that you post on our website so others can read it. If you don’t want to give us these permissions, do not make content available on or through our Game
Licensee also understands that if something is going to be made available on or through our Game, it must not be offensive to people or illegal, it must be honest, and it must be your own creation. Some examples of the types of things you must not make available using our Game include: posts that include racist or homophobic language; posts that are bullying or trolling; posts that are offensive or that damage our or another person’s reputation; posts that include porn or someone else’s creation or image; or posts that impersonate a moderator or try to trick or exploit people.
Any content you make available on our Game Platform must also be your creation or you must have permission or the legal right to do it. You must not and you agree that you will not make any content available, using the Game that infringes the rights of others. We reserve the right to take down any content in our discretion.
UPDATES
Licensor might make upgrades, updates or patches (hereinafter referred to as “Updates”) available from time to time, but we don’t have to. We are also not obliged to provide ongoing support or maintenance of any Game. Of course, we hope to continue to release new updates for our Game, Licensor do not guarantee that we will do so. With updates come changes that might not work well with other software, such as modifications.
CONSENT TO MONITOR
In the process of using the Game Software, the Game may monitor Your hardware random access memory (RAM) for unauthorized third party programs prohibited by the License grant Section that interacts with the Game. In the event that the Game detects such an unauthorized third party program, information may be communicated back to the Company, including the name of your Account, your internet protocol (IP) address, details about the unauthorized third party program detected, and the time and date that the unauthorized third party program was detected, along with the hardware specifications and performance characteristics of Your hardware, with or without additional notice to You. If the Games detects the use of an unauthorized third party program, this License and Your access to the Game may be terminated with or without additional notice to You.
However, please note that Licensor is not responsible for and does not endorse the opinions, advice and/or recommendations displayed or sent by You in the Game, including in game chats. Such communications are the sole responsibility of the user in question.
TERMINATION OF LICENSE
Notwithstanding anything contrary to this terms and to the maximum extent as permitted by law, Licensor shall have the right to terminate this EULA on thirty (30) days written notice to the Licensee without giving reasons for such termination and without incurring penalties of any nature whatsoever.
User’s account will be terminated if our systems investigates or finds out that Licensee are involved in “Stats Padding” in order to gain player stats by abusing system using software bugs or just killing other game accounts or initiating commands that will make other accounts idle or dormant. If this were the case, Licensor will terminate immediately any user account found to be involved in this without notice. User also understands that If the Licensee breaches any of the stipulations in this EULA, in above, Licensor may, at its sole and absolute discretion, immediately terminate, suspend in part or in whole, or restrict the Licensee’s right to use of the Game without notice.
ON-LINE COMPONENT OF THE GAME
This Game is an ‘on-line’ game that must be played over the Internet through the Service, as provided by Licensor. You understand and agree that the Service is provided by Licensor at its discretion and may be terminated or otherwise discontinued by Licensor pursuant to the Terms of Use.
COLLECTED INFORMATION
You agree that Licensor may collect certain information transmitted by your web browser, client software, or your personal computer, including without limitation certain geographic information or information regarding your computer (capabilities, game data processing, etc.). You agree that Licensor may use this information to generate aggregate statistics about its user community and that it may provide that information to advertisers and/or partners. You also agree that Licensor can use this information against you or any third party for security purposes, system integrity (the prevention of hacking, cheating, etc.), or enforcement purposes.
LIMITED WARRANTY
To the fullest extent permitted under applicable law, Licensor expressly disclaims any warranty for the Game, including the Game Platform and Manual(s). THE GAME, GAME PLATFORM AND MANUAL(S) ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF CONDITION, USE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, OR NONINFRINGEMENT. The entire risk arising out of use or performance of the Game, Game Platform sand Manual(s) remains with the user. THE LIMITATION OF LIABILITY BELOW SETS FORTH YOUR SOLE AND EXCLUSIVE REMEDY FOR THE EXPRESS WARRANTY SET FORTH IN THIS SECTION. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR LIABILITY FOR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE GAME IS TO DEINSTALL AND CEASE USE OF SUCH GAME.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE, OUR LICENSORS, OUR AFFILIATES OR OUR SUPPLIERS, AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOST PROFITS OR SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THE POSSESSION, USE, OR MALFUNCTION OF THE SOFTWARE, YOUR ACCOUNT, THE GAME, OR THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, DAMAGE TO PROPERTY AND-TO THE EXTENT PERMITTED BY APPLICABLE LAW-DAMAGES FOR PERSONAL INJURY, EVEN IF WE, OUR LICENSORS AND EACH OF OUR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. THE LIABILITY OF LITTLE ORBIT, OUR LICENSORS OR ANY OF OUR OR THEIR RESPECTIVE PARENT OR AFFILIATED COMPANIES TO YOU OR ANY THIRD PARTIES IS LIMITED TO $100. YOU AGREE TO WAIVE ANY RIGHT TO EQUITABLE RELIEF INCLUDING, WITHOUT LIMITATION, INJUNCTIVE RELIEF AGAINST LITTLE ORBIT, ITS LICENSORS, THEIR PARENTS OR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS TO ENFORCE THE TERMS HEREOF; HOWEVER, THE FOREGOING SHALL NOT PRECLUDE LICENSORAND/OR ITS LICENSORS FROM SEEKING ANY INJUNCTIVE RELIEF. Some jurisdictions do not allow the foregoing limitations of liability, so they may not apply to you.
INDEMNITY
You are solely responsible for any damage caused to Licensor, its licensors, channel partners and associated service providers and subcontractors, other users of the product or any other individual or legal entity as a result of Your violation of this EULA.
YOU HEREBY AGREE TO DEFEND, INDEMNIFY AND KEEP INDEMNIFIED LICENSOR AND ITS AFFILIATES, THEIR LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS AND THEIR SUBCONTRACTORS AGAINST ANY CLAIM OR ALLEGED CLAIMS, LIABILITIES, LOSSES DAMAGES AND ALL COSTS (INCLUDING LAWYERS’ FEES), DIRECTLY OR INDIRECTLY ATTRIBUTABLE TO YOUR FAULT AND/OR RESULTING FROM (i.) A VIOLATION OF ANY PROVISION OF THIS EULA OR (ii.) YOUR USE OR MISUSE OF THE PRODUCT. Licensor reserves the right to take sole responsibility, at its own expense, for conducting the defense of any claim for which You agreed to indemnify LICENSOR. The provisions of this Section shall remain in force after termination of this EULA.
RELATIONSHIP
The relationship between you and Licensor is that of licensee/licensor. Neither party will represent that it has any authority to assume or create any obligation, express or implied, on behalf of the other party, nor to represent the other party as agent, employee, franchisee, or in any other capacity.
REPRESENTATIONS AND WARRANTIES
You represent and warrant that all information provided by you is true and accurate and complete, and that you are authorized to enter into this Agreement and comply with its terms. Furthermore, You represent and warrant that you will at any and all times meet with your obligations hereunder, as well as any and all laws, regulations and policies that may apply to the use of the Game.
SEVERABILITY
In the event that any provision of this Terms of Service shall be held by an arbitrator, court, or other tribunal of competent jurisdiction to be unenforceable, such provision will be enforced to the maximum extent permissible, and the remaining portions of this License Agreement shall remain in full force and effect.
DISPUTES; ARBITRATION
If you have any dispute with or claim against us or any of our affiliates (a “Claim”) arising out of or relating to the Software or this Agreement, and the claim is not resolved by mailing our customer service department via [email protected], Licensee and Licensor each agree to resolve such disputes through an individual binding arbitration or an individual action in small claims court. Class arbitrations and class actions are not permitted, and your Claim may not be consolidated with any other person’s claim. You and we agree that the Hong Kong Arbitration Ordinance governs the interpretation and enforcement of this provision, and that you and we are each waiving the right to a trial by jury or to participate in a class action. This Section shall survive termination of this Agreement or any subscription that you may have to receive Content.
Before you commence arbitration or file a small claims court action with respect to your Claim, you must first send to Licensor a written notice of your claim (“Notice”). The Notice must:
(1) be sent by email;
(2) be addressed to [email protected];
(3) describe the nature of your Claim; and
(4) specify the damages or other relief you seek.
If we and you do not then resolve the Claim within 30 days after our receipt of your Notice is received, either you or we may commence arbitration or file a small claims court action to resolve the Claim.
LAW AND JURISDICTION
To the extent permitted by applicable law, this EULA and any disputes or claims arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with the laws of Hong Kong. You irrevocably agree that the courts of Hong Kong have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the EULA or its subject matter or formation (including non-contractual disputes or claims).
FORCE MAJEURE
We will not be liable for any failure by us to perform any obligation under this EULA if that failure is caused by the happening of any unforeseen event beyond our reasonable control including without limitation: Internet outages, Power fluctuation/outages, communications outages, fire, flood, war or act of God.
Note: this provision means that if unforeseen events beyond our control happen, then we won’t be liable to you if we are unable to perform any part of this EULA, e.g. to make the Software available to you).
EXPORT CONTROLS
The Game is subject to all applicable export restrictions. You must comply with all export and import laws and restrictions and regulations of any Hong Kong and foreign agency or authority relating to the Product and Your use of the Game. The Game Software may not be re-exported, downloaded or otherwise exported to, or installed by a national or resident of, any country to which the United States has embargoed goods, or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Denial Orders. 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.
NO WAIVER
No failure or delay by Licensor (or its licensors) to exercise any right or remedy provided under this EULA or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy. Waiver of a right or remedy may be considered to have taken place only after signing of a written statement to this effect by Licensor or by the User.
ASSIGNMENT
Licensee may not assign this EULA, and any attempted assignment will be null and void.
In conclusion, Licensee hereby acknowledge to have read and understand the foregoing License Agreement and agree that the action of downloading and installing the Game Software is an acknowledgment of Licensee agreement to be bound by the terms and conditions of the License Agreement contained herein.
If you have any questions, claims, or complaints, you should notify us through the contact via [email protected].
Revised & Updated: March 2021