End User Licence Agreement for Exipelago

Last updated: January 26, 2023

In order to protect the developer Peter Reitinger (represented in here as "reiti.net") and all members of the community, I have to lay down some end-user license terms (this “EULA”) that set out rules for downloading and using Exipelago (the "Game") as well as participating in the community around it, including this website exipelago.com (the “Website”).

I know reading agreements is a boring task, so I try to make this short - nevertheless - this is a legal agreement which applies to you if you purchase or use Exipelago or participate in it's community. If you create your own content using Exipelago or anything related to it, please make sure to read the appropriate sections in this document.

By purchasing, downloading, using, or playing Exipelago, you acknowledge that you have read and accept this EULA in its entirety and agree to be bound by its terms. If you do not agree to follow the rules set out in this EULA, then you must not buy, download, use, or play Exipelago.

If you have purchased/aquired Exipelago through Steam then additional terms may apply to your purchase. I am not in control of, or responsible for it, so I suggest that you make yourself familiar with their Terms before purchasing through them.

THE LICENCE

When you purchase Exipelago, you purchase a perpetual, revocable, and limited licence to install and use Exipelago and the associated materials, documents, online services, forums, and other ancillaries for your own personal use in accordance with this EULA.

THE ONE GENERAL RULE

You can't sell, share, or modify any part of Exipelago unless I agree to it in advance. This means you're not allowed to do things like:

• Make or distribute (that includes giving away) copies of Exipelago or any part of Exipelago, to anyone else;
• Try to make money from Exipelago in any way, except as permitted below;
• Let others access anything of Exipelago in a way that is unfair or unreasonable;
• Give away or sell license keys to Exipelago (you may, however, give gift codes that have been bought through Steam); or
• Rip parts of the game out and distribute them (like sounds, images, assets or any part provided with the game).

USER CREATED CONTENT MADE WITH EXIPELAGO AND ITS TOOLS

Exipelago was designed to support User Created Content and will provide several tools to create such content and distribute that content. Please read the following terms carefully as any use of Exipelago without permission is both a violation of my rights and unlawful.

You may create Derivative Works provided that you comply with the terms of this EULA. If any of your Derivative Works violates this EULA, it is prohibited.

In each Derivative Work that you create, you must display the following disclaimer on or reasonably in connection with your Derivative Works, such as on your website or social media profile:

“Portions of the materials used to create this content/mod are trademarks and/or copyrighted works of reiti.net. All rights reserved by reiti.net. This content/mod is not official and is not endorsed by reiti.net.”

If you use logos, game titles, or other trademarks in your Derivative Works (“Logos”), you must:

• Not use Logos in a manner that damages the goodwill and reputation associated with them;
• Only use Logos in connection with your Derivative Works and not in connection with any other products, services, or business;
• Not change or alter any of the Logos and
• Not use the Logos or any confusingly similar name or word in any domain name, website name, or other title.
• You own the Derivative Works you create. However, by creating any Derivative Work, you agree to grant reiti.net a licence to use, copy, modify, adapt, distribute, and publicly display all those Derivative Works for any purpose, without any payment or notice to you, anywhere in the known space. This Derivative Licence is irrevocable and lasts forever. You also agree to let reiti.net sell, assign, or sublicense the Derivative Licence to other people so that they may use, copy, modify, adapt, distribute, and publicly display your Derivative Work.

Since I generally want to credit everyone for putting work into this game, I am not required to to either credit or acknowledge you if I use any of your Derivative Works, or if I allow another to do so. If you don't want to give me these permissions, do not make Derivative Works.

You're also allowed to use things we've made if the law expressly allows it, such as under "fair use" or "fair dealing" doctrine - but only to the extent that the law applicable to you expressly says. For example, most "fair use" doctrines would allow you to use game screenshots in a review article but would not let you make a mug, t-shirt or other articles using the games artwork.

When you create Derivative Works in accordance with this EULA you are doing so with my permission. That being said, I can revoke this permission to create Derivative Works at any time, and for any reason, including but not limited to, any breach by you of this EULA.

REVIEWERS, STREAMERS, AND CONTENT CREATORS

Within reason, you are allowed to make User Content such as videos of the gameplay of Exipelago and distribute them. While your User Content cannot be sold, you're allowed to monetize this content through advertising. This means that you can make Let's Play's on YouTube or stream yourself on Twitch, but you can't sell any individual pieces of User Content that you make.

I understand that a lot of content creators solicit donations on platforms such as Patreon. You may accept donations in connection with your User Content generally, but they may not be tied to the delivery of a specific piece of User Content. You must not try to push, force or pressure your fans to donate to you in any way. Your request for donations must be unobtrusive.

Your User Content cannot:

• State or imply that your User Content is endorsed or created by reiti.net;
• Contain links to websites or services that promote piracy or hacks of Exipelago, or any other software;
• Harass, abuse, defame, attack, or bully any individual;
• Damage the reputation and goodwill of reiti.net, Peter Reitinger or Exipelago;
• Infringe any third-party intellectual property rights, personality rights, or other third-party rights; or
• Otherwise breach any applicable laws.

MODS

You may create and distribute Mods. By "Mods", I mean something original that you or someone else created that doesn't contain a substantial part of Exipelago, including the games code, artwork, lore, or other content. reiti.net has final say on what constitutes a Mod and what doesn't.

With regards to Mods, the following terms apply:

• Your Mods must be distributed for free, period. Neither you, nor any other person or party, may sell them to anyone, commercially exploit them in any way, or charge anyone for receiving or using them without getting prior written consent from reiti.net. Commercial exploitation includes but is not limited to in-game advertising, or monetizing your Mod through any other forms of advertising or marketing.
• You may however, accept donations in connection with your modding efforts generally, but they may not be tied to the delivery of a specific product or service. You must not try to push or force or pressure users of your Mod to donate to you in any way. Your request for donations must be unobtrusive.
• You may not advertise for donations within your Mods themselves.
• Your Mods must not contain any ads or other calls to action of any kind. This prohibition includes advertising, marketing, or promotions for charities, political parties or causes, non-profit organizations, or other non-commercial entities.
• Your Mods must only work with the full, registered copy of Exipelago, not independently or with any other software. Your Mod may not be distributed together with the base game or any official expansions, as a "modded version" of Exipelago.
• Your Mods must not contain any illegal material.
• Your Mods must not contain any material that violates copyright, trademark, or other intellectual property rights of reiti.net or any other person or parties.
• Your Mods must not contain any content that is obscene, offensive, objectionable, or otherwise harmful to others.
• Your Mods must clearly be presented as community-created content and not as though they were official or made by reiti.net.
• Your Mods must not misrepresent what they are or their purpose, or deceive players in any way they wouldn't reasonably appreciate.
• Your Mods may not be used as a vector for spreading malware.
• Your Mods may not harass, abuse defame, attack, or bully any individual.
• Your Mods must comply with all applicable laws.

I reserve the right to revoke your Licence to create and distribute Mods based on Exipelago if I determine, in my sole discretion, that your Mod in any way breaches the terms and conditions of this EULA.

SIMPLY PUT, I OWN EXIPELAGO

Peter Reitinger (reiti.net) owns Exipelago and retains all ownership of Exipelago. The only permissions you have in connection with Exipelago are the permissions laid out in this EULA. Any use of Exipelago that is not expressly permitted by this EULA is strictly prohibited.

If you approach me with a suggestion related to Exipelago or any relates website, product etc, that suggestion is made for free and I have no obligation to accept or consider it. For every suggestion you provide, you hereby waive any moral rights or other rights of authorship that you may have in the suggestion, in my favour. This means I can use or not use your suggestion in any way I want and I don't have to pay you for it or give you credit or any other sort of compensation.

BEHAVIOUR

You may not, in connection with Exipelago or related websites/communities/forums:

• Harass, stalk, harm, intimidate, hurt, abuse, threaten, or deceive others
• Use or attempt to use another user's account
• Encourage any conduct that restricts or inhibits anyone's use or enjoyment of Exipelago, or which, as determined by me, may harm me or users of Exipelago or expose me or them to liability
• Impersonate any person or entity, or falsely state or otherwise misrepresent you or your affiliation with any person or entity, including giving the impression that any content you upload, post, transmit, distribute, or otherwise make available comes from me
• Interfere with or attempt to interfere with the proper working of Exipelago or related Websites
• Violate the terms of use of any third-party website or service that is linked to Exipelago, including any Third Party Platforms or payment processors
• Upload, transmit, distribute, store, or otherwise make available in any way any viruses, or other material that is malicious or technologically harmful; any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other prohibited form of solicitation; any private information of any third party - or
• Violate, or promote the violation of, any applicable federal, provincial, local, foreign, or international law or regulation, including any laws regarding the export of data or software, patent, trademark, trade secret, copyright, or other intellectual property or legal rights (including the rights of publicity and privacy of others)

In addition to the above rules, if you participate in an official Exipelago discussion forum, or one controlled by reiti.net, you are required to follow the rules of that forum as they are written at any particular time you participate there.

If you do not abide by this EULA or any applicable forum rules, I may, in my sole discretion, suspend, block, or delete your account as I see it fit.

TERMINATION

I can terminate this EULA if you breach any of the terms. This means that the License and your permission to use Exipelago and create Derivative Works can be revoked. This is pretty serious, so please be sure you understand this. It means, for example, that if you distribute Exipelago to pirates, or break rules in the community, or break any other rule in this EULA, I can revoke your access to Exipelago with no refund or demand that you take down any User Content or Mods.

You can terminate this EULA at any time by simply uninstalling Exipelago from all your machines.

If the EULA is terminated, you no longer have any of the rights to Exipelago given in the License (though you do, of course, retain rights to your Derivative Works). Even if this EULA is terminated, the Derivative Licence (my licence to your content) remains in perpetuity, as do provisions this EULA relating to my ownership of Exipelago, the disclaimers, limits of liability, indemnities, the laws applicable to this EULA, dispute resolution, and the “General Terms” found at the end of this EULA.

UPDATES

reiti.net might make updates to Exipelago available from time to time, but isn't obligated to do so. reiti.net also isn't obligated to provide any ongoing support or maintenance for Exipelago. When you purchase a Licence to Exipelago, you purchase that Licence to Exipelago as it is.

I may sell Exipelago during an 'Early Access' release period, but this doesn't mean I am obligated to add any particular amount of content or to fix any particular amount of bugs before releasing Exipelago as its final version. I am allowed to declare Exipelago finished, and cease updates, at any time. Of course, I want to make Exipelago fulfill my vision and as bug-free as possible, but I am not obligated to do any particular amount of additional work.

reiti.net reserves the right to modify the terms of this EULA from time to time and will post notice of material changes on this website. Each time you download Exipelago, including an update, or use one of related online services, you agree to the latest version of the EULA posted on this website.

DISCLAIMERS

You are aware and agree that your use of Exipelago and the media on which it is recorded, if any, is at your sole risk. As mentioned above, Exipelago is provided “as is” and as it is available. reiti.net expressly disclaims all other warranties, statutory, express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose. reiti.net does not warrant that Exipelago will meet your requirements or desires. You bear the whole risk as to its quality and performance.

You acknowledge that Exipelago - or any part of Exipelago - may be interrupted for maintenance, or reasons beyond my control, and I cannot guarantee that Exipelago will always be available or that defects in the operation or functionality of Exipelago will be corrected. You acknowledge that from time to time, reiti.net may - in my sole discretion - release updates to Exipelago and that such updates may break a Mod's compatibility with it. You further acknowledge that reiti.net is under no obligation to ensure or otherwise provide for any interoperability between Exipelago and any Mods or other third party software. You also acknowledge that data, messages, and materials sent over the internet may not be completely private, and your anonymity is not guaranteed.

I administer and operate Exipelago from Spain. Although Exipelago is accessible in many territories throughout the world, I reserve the right to limit, in my sole discretion, the provision and quantity of any feature, product or Software to any person or geographic area.

INDEMNITIES

To the maximum extent permitted by applicable law, you agree to, at your sole cost, defend, indemnify, and hold harmless reiti.net and it's developers, employees, and contractors, from and against any and all claims, liabilities, costs, fines, penalties, and expenses, including legal fees and expenses, arising out of or in any way connected with:

• (i) a breach by you of any obligation, representation, or warranty you have under this EULA; or
• (ii) your violation of any applicable laws, rules, regulations, or contracts; (all of the foregoing, “Claims and Losses”). You will cooperate as fully required by me in the defense of any Claims and Losses. At all times, I retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. I reserve the right to assume the exclusive defense and control of any Claims and Losses at my own cost. You will not settle any Claims and Losses without, in each instance, my prior written consent.

LIMIT OF LIABILITY

You hold reiti.net blameless for any harm or damage that you may incur as a result of your use of Exipelago or related Websites, or from any actions or inactions of reiti.net in connection with Exipelago or related Website. This means that you agree that in no event will reiti.net or its developers, employees, contractors, be liable to you or any other person for any indirect, consequential, special, incidental, punitive, or exemplary damages, under any theory of liability, including without limitation any damages for lost profits, lost revenue, lost goodwill, or lost opportunity, even if I could have foreseen such damages or were made aware of the possibility of such damages. You hereby waive, release, and forever discharge reiti.net from and against all of the above excluded damages. In no event will the total liability to you with respect to Exipelago, related Websites, or any related products and services exceed the total amount paid by you to reiti.net in respect of Exipelago.

Nothing in this EULA limits my liability for death or bodily injury resulting from my negligence or fraudulent misrepresentations.

DISPUTES BETWEEN US

This EULA is governed by the laws of the Province of Las Palmas and the federal laws of Spain that apply in Gran Canaria. You agree that all disputes regarding this EULA will be brought before the courts located in the City of Las Palmas that have the appropriate jurisdiction to hear the dispute.

GENERAL TERMS

This EULA constitutes the whole legal agreement between you and reiti.net regarding your use of Exipelago or related Website, and completely replace any prior agreements between you and reiti.net in relation to Exipelago or related Websites.

I may at any time assign my rights and obligations under this EULA, in whole or in part, without notice to you. You may not assign this EULA or any of your rights and obligations hereunder, without my prior, written consent.

Our failure to insist upon or enforce any provision of this EULA will not be construed as a waiver of any provision or right that I may have.

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

Appendix: If you read all of the above, you can feel yourself entitled to be one of the few persons who ever read the EULA. You are either very responsible or you are a lawyer searching for loopholes :-) Anyway. If you have any oen Questions don't hesitate to ask in the forums, discord or via mail