EULA - END USER LICENCE AGREEMENT

Last revised 01-11-11

PREAMBLE

« CLAYTUS HOOD » refers to an Tower Defense type entertainment software, hereafter referred to as « GAME », and at the same time to a software improving it by bringing tools for levels creation, hereafter referred to as « EDITOR ». Parts of the editor are called « PREMIUM », and so are levels resulting from their use.

The whole software is developed by Raphaël ROUX, domiciled in Chambéry (73 000), hereafter referred to as the « DEVELOPER».

The use of the EDITOR and the use of the GAME, require from the user, hereafter referred to as the « PLAYER », the unreserved acceptance of the present contract.

ARTICLE 1 : CONFERRED RIGHTS

Within this framework and in line with the respect of the terms and conditions defined by this license contract, the DEVELOPER grants the PLAYER a non exclusive and non transferable license allowing to use CLAYTUS HOOD, including present and ulterior versions.

ARTICLE 2 : RESERVED RIGHTS

Any other right not expressively mentioned by the license contract is deemed reserved.

Are in particular reserved :

The selling, copy, exchange, rental, lending, publication, grant of license, transfer or distribution of all or any of CLAYTUS HOOD or its by-products.

Processing operations of reverse engineering, decompiling or disassembly of CLAYTUS HOOD.

Creating pieces of work derived from or inspired by Claytus Hood apart from pictures or videos of the game used in private and for non-commercial purposes only.

ARTICLE 3 : PROPERTY

The PLAYER doesn't own the GAME nor the EDITOR which according to national laws and international conventions remain the property of the DEVELOPER, their author in the sense of intellectual property. Such a protection applies to the software part, including the source code, technical documentation but also the interface in the broad sense, such as the graphic parts, the musical or sound effects compositions, the characters, names, elements that remain the exclusive property of the DEVELOPER or if necessary of their respective authors.

The use of the EDITOR doesn't lead to consider the PLAYER as author or co-author. The use of the EDITOR by the PLAYER doesn't give rise to any property rights on the developed levels or given elements.

ARTICLE 4 : PAYMENT

ARTICLE 4.1 : PRICE

The STANDARD LICENSE is conferred for free. It allows access to the GAME, the light version of the EDITOR and the use of non PREMIUM levels or PREMIUM levels within the limits defined by the DEVELOPER.

The PREMIUM LICENSE is acquired in exchange for the payment of X euros. It allows access to the GAME, the whole version of the EDITOR and the full use of PREMIUM or non PREMIUM without limitation.

The DEVELOPER can freely modify the rights conferred by these licenses, without detriment to the PLAYER.

ARTICLE 4.2 : PAYMENT TERMS

The payment is made exclusively on the Paypal account of the DEVELOPER.

The DEVELOPER is not responsible for the smooth running of Paypal which remains governed by its own conditions of use.

ARTICLE 5 : VERSIONS

The PLAYER doesn't have no vested interest for a specific version of the GAME or the EDITOR. The updates of CLAYTUS HOOD can have a compulsory nature and the DEVELOPER can limit the access to CLAYTUS HOOD to PLAYERS who haven't proceeded to the last updates.

Proceeding to the update of the GAME or the EDITOR can lead to a possible modification of the license contract.

The PLAYER is responsible for keeping informed of possible modifications of the terms of the present contract. If the PLAYER didn't agree anymore with the stipulated terms, he would be forced to give up the use of CLAYTUS HOOD.

ARTICLE 6 : CODE OF GOOD PRACTICE

It stands to the PLAYER's duty to observe in his use of CLAYTUS HOOD a behaviour in accordance with laws and rules of civility.

Even if he is not bound to a general obligation of watch of the PLAYERS behaviour, the DEVELOPER reserves the right to moderate comments or pseudonyms, or even to banish temporarily or permanently an offending PLAYER.

Are in particular prohibited the following actions:

  • Harassment
  • Spamming
  • Insults
  • Impersonation
  • Phishing
  • Computer inbreaking

It is forbidden to the PLAYER to use or develop unauthorized tools to improve his performances in GAME, it is also prohibited to use possible weaknesses of CLAYTUS HOOD.

ARTICLE 7 : GUARANTEES AND RESPONSIBILITIES

The PLAYER uses CLAYTUS HOOD as proposed or updated by the DEVELOPER nevertheless without guarantee from the last mentioned as for smooth running.

The DEVELOPER isn't responsible for damages resulting from the use of CLAYTUS HOOD nor for damages attributable to the behaviour of other PLAYERS.

The developer isn't responsible for compatibility issues between CLAYTUS HOOD and the web browser used by the PLAYER.

The DEVELOPER isn't responsible for a possible break of CLAYTUS HOOD service, the last mentioned break depending or not from his will.

The DEVELOPER can at any time take the decision not to extend the activities of CLAYTUS HOOD. No compensation to the PLAYERS will be proceeded.

In a general way, no refunding of the price paid will be proceeded.

ARTICLE 8 : CONFLICTS ET JURISDICTIONS

If a conflict occured between the PLAYER and the DEVELOPER about CLAYTUS HOOD, a mutual agreement would be sought first by both parties.

In the absence of an agreement for the 30 calendar days following the occurence of the conflict, the parties will be able to resort to civil jurisdictions.

BY CHECKING THE BOX "I agree to the terms of use" DURING YOUR REGISTRATION YOU ADMIT YOUR AGREEMENT TO THE PRESENT LICENSE CONTRACT AND TO ALL OF THE STIPULATED TERMS.