By using Eternal (the “Game”) containing this software, you agree that this End User License Agreement (“Agreement”) is a legally binding and valid contract and agree to be bound by it. You agree to abide by the intellectual property laws and all of the terms and conditions of this Agreement.
PLEASE READ THIS END USE LICENSE AGREEMENT CAREFULLY AND ENSURE YOU UNDERSTAND ALL THE FOLLOWING TERMS AND CONDITIONS BEFORE ACCESSING OR USING THE GAME SERVICES.
Your use of the Game indicates your acceptance of this Agreement and warranty.
Subject to the terms of this Agreement, Dire Wolf Digital grants to you a limited, non-exclusive, non-transferable license, without right to sub-license, to use the Game in accordance with this Agreement and any other written Agreement with Dire Wolf Digital. Dire Wolf Digital does not transfer the title of the Game to you; the license granted to you is not a sale. This Agreement is a binding legal agreement between Dire Wolf Digital and the purchasers or users of the Game.
If you do not agree to be bound by this Agreement, remove the Game from your computer or similar device now.
The Game and the license herein granted shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred, or sub-licensed in whole or in part.
To use the Game, you must create an account. You may create an account only if you possess full legal capacity in your country of residence and you have not been specifically prohibited from creating an Account by Dire Wolf Digital.
You shall use the Game in compliance with all applicable laws and not for any unlawful purpose. Use of the Game means that you have loaded, installed, or run the Game on a computer or similar device.
You shall not use, create, promote, or distribute cheats, bots, hacks or any software that exploits, changes, or automates the control, gameplay, or any other functionality of the Game.
You shall not use any process or software that collects or collates data generated or stored by the Game.
You shall not use, display or distribute of the Game together with material that is pornographic, racist, vulgar, obscene, defamatory, libelous, abusive, promoting hatred, discriminating, or displaying prejudice based on religion, ethnic heritage, race, gender, sexual orientation, or age.
This Game contains copyrighted material, trade secrets and other proprietary material. You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile the Game. Nor can you create any derivative works or other works that are based upon or derived from the Game in whole or in part.
Dire Wolf Digital's name, logo and graphics file that represents the Game shall not be used in any way to promote non-Dire Wolf Digital products. Dire Wolf Digital retains sole and exclusive ownership of all right, title and interest in and to the Game and all Intellectual Property rights relating thereto.
Copyright law and international copyright treaty provisions protect all parts of the Game, products and services. No program, code, part, image, audio sample, or text may be copied or used in any way by the user except as intended within the bounds of the single user program. All rights not expressly granted hereunder are reserved for Dire Wolf Digital.
Limitation of Responsibility
You will indemnify, hold harmless, and defend Dire Wolf Digital, its employees, agents, and distributors against any and all claims, proceedings, demand and costs resulting from or in any way connected with your use of Dire Wolf Digital's Software.
In no event (including, without limitation, in the event of negligence) will Dire Wolf Digital, its employees, agents, or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, the Game or the use or inability to use the Game or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence.
Except as expressly stated in writing, Dire Wolf Digital makes no representation or warranties in respect of this software and expressly excludes all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose.
This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to principles of conflict of laws. Any dispute arising under this EULA shall be heard exclusively in a federal or state court sitting in the City and County of Denver, Colorado, and you hereby irrevocably agree to the non-exclusive jurisdiction of such courts. If any provision of this Agreement shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this License and not affect the validity and enforceability of any other provisions.
Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this license. Upon termination of this license for any reason, you agree to immediately cease use of the Game and destroy all copies of the Game supplied under this Agreement. The financial obligations incurred by you shall survive the expiration or termination of this license.
Code of Conduct: In order to ensure an open and fair playing field and maintain the spirit of Eternal competition, this Code of Conduct will be in effect for all Eternal events, including but not limited to events associated with the Eternal World Championship
Players are expected to abide by the rules laid out here, and any infraction may be met with penalties, up to and including disqualification and forfeiture of prizes, future qualifications, and bans from Eternal Organized Play.
- Players must play on their own verified account and may not join tournaments with multiple accounts.
- Accounts must be verified through the in-game Options menu with a valid email address.
- Players may not exploit in-game bugs.
- Collusion is strictly forbidden – players may not manipulate matchmaking during asynchronous play or concede in exchange for anything during any phase of the event.
- During their matches, players may not watch or listen to the live broadcast or seek out information about their opponents that could be used to gain an advantage in play.
- Spectators may not assist players in any way.
- Players may choose to stream or otherwise broadcast their own matches. It is recommended they stream with a delay to remove the incentive for their opponents to watch their stream.
- Players are expected to treat their opponents, Dire Wolf team members, and the community at large with respect.
- Discrimination, harassment, hate speech, and bullying will not be tolerated in-game, on social media, or elsewhere.
- Players are expected to display sporting behavior in-game as well – excessive emote use, intentionally timing out, or any other forms of unsporting behavior are forbidden.
- In-client match results, standings, and Leaderboards are considered final.
- Leaderboard standings are determined by combining Leaderboard point totals and Tiebreaker points.
- Leaderboard points determine your placement on the overall Leaderboard.
- Tiebreaker points are used when two or more players share a Leaderboard point total. At the end of each match, players are awarded Tiebreaker points based upon their opponent’s Leaderboard point total at the time of the match.
- When playing an event, winning as much as possible should always be your goal. It is always better to finish your event runs out, as losses are better than nothing. In the event of a tie, the player who faced opponents with better records – tougher competition – will end with the higher leaderboard standing.
Eligibility: DIRE WOLF DIGITAL IS THE SPONSOR OF ORGANIZED PLAY EVENTS. ELIGIBILITY FOR THESE EVENTS IS LIMITED TO RESIDENTS OF THE COUNTRIES (OR STATES) WHERE CONTESTS, TOURNAMENTS, AND SWEEPSTAKES WITH AWARDED CASH PRIZES (OR OTHER PRIZES WITH MONETARY VALUE) ARE NOT PROHIBITED AND ARE OVER THE AGE OF MAJORITY IN THEIR COUNTRY/REGION OF RESIDENCE. IF YOU ARE A RESIDENT OF AREAS WHERE CONTESTS, TOURNAMENTS, AND SWEEPSTAKES WITH AWARDED CASH PRIZES ARE PROHIBITED AND/OR OTHERWISE DO NOT MEET THE ELIGIBILITY REQUIREMENTS, YOU ARE NOT ELIGIBLE TO WIN A PRIZE. NOTWITHSTANDING THE FOREGOING, VOID WHERE PROHIBITED
You may participate in an organized play event with a registered and validated account (including a valid email address) if your country and local laws do not prohibit you from participation. With regard to the United States, please check your eligibility if you live in the following states: Arizona, Arkansas, Connecticut, Delaware, Florida, Illinois, Iowa, Louisiana, Maryland, Montana, North Dakota, South Carolina, South Dakota, Tennessee, and Vermont. By entering the organized play events, you are affirmatively asserting that you are eligible and are exempting the sponsor from any possible claims by third parties as a result of potentially unlawful participation.
Dire Wolf Digital employees, contractors, their spouses and dependents are not eligible to participate, both during their tenure with Dire Wolf Digital, and for a period of up to two years thereafter.
Grant of Rights: By participating in Organized Play, players grant to Dire Wolf Digital a perpetual, royalty-free, worldwide, right and license to copy, display, distribute, host, and otherwise use the Player’s name, nickname, Player Account handles, initials, likeness, image, photograph, avatar, biographical information, and backstory and the broadcast, streaming, webcast or other distribution of any audio visual, visual and/or audio coverage of the same.
Organized Play Release: By entering any organized play event, you release Dire Wolf Digital (or other, participating sponsors) from any liability whatsoever, and waive any and all causes of action, related to any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with the organized play event or delivery, acceptance, possession, use of or inability to use any prize (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light, whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty or other theory.
Affidavit: As a condition of being awarded any prize, eligible winners (“winners”) will be required to execute and deliver to Dire Wolf Digital a signed Affidavit of Eligibility, which includes an acceptance of this Agreement, a release of liability, and execution of appropriate tax forms.
Promotion: Players who qualify for the Eternal World Championships agree to cooperate in reasonable promotional activities associated with their participation in the event and as a condition of their eligibility. This would include, but not be limited to, the following:
- Players will provide and authorize the publication of basic biographical information, including name, screen name, country of residence, occupation, and preferred social channels or tags.
- Players will provide a suitable headshot photograph for use in promotional materials, on stream, and elsewhere.
- Players will participate in on-camera interviews to be broadcast on stream and in associated channels.
Prizes: All prizes are awarded “AS IS” and WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (including any implied warranty of merchantability or fitness for a particular purpose)
Payment/Delivery of Prizes: Dire Wolf Digital will transfer payments to winners exclusively by PayPal. Payments made via PayPal require the provision of the respective finalist’s valid PayPal account email address. Payment via bank transfer is subject to the provision of valid bank details, comprising the authorized recipient’s (i.e., account holder’s) name, the name of the bank in combination with the account number and SWIFT/BIC codes, and the IBAN number (or simply the account number, should the account belong to a bank outside of the European Union). Winners forfeit their right to a prize if these details are not provided in part or in whole to Dire Wolf Digital via email to firstname.lastname@example.org within 30 days of the organized play event's end. Details must be sent via the email address associated with the account used for participation. Payment shall be made within 90 days of provision of the “payment details” as detailed above.
Taxes: Any taxes and/or other duties due on the respective payment, as well as all resulting fees, shall be borne by the respective authorized recipient, who indemnifies Dire Wolf Digital against all liabilities with respect to the responsible financial authorities. The disbursement and/or payment of the prize in goods, or the exchange and/or transfer of the prize to third parties is excluded.
Changes to the Game: Dire Wolf Digital reserves the right to patch, update, or improve the Game at any time for any reason as deemed appropriate by the Dire Wolf Digital, in its sole discretion, without suspending or canceling any organized play event. You agree that Dire Wolf Digital will not be liable to you for any changes to the Game or the terms of this Agreement.
Disclaimer: You agree that Dire Wolf Digital is not responsible for any organized play event disruptions regardless of whether they are due to electronics, hardware, software, network, internet, or other computer-related malfunctions or failures.
Termination of Event: Dire Wolf Digital reserves the right to end the organized play event at any time, if for technical or legal reasons, its proper execution cannot be guaranteed.
DISCLAIMER OF WARRANTY
THIS SOFTWARE AND THE ACCOMPANYING FILES ARE PROVIDED AND/OR SOLD “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF PERFORMANCE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE), AND ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED. THIS DISCLAIMER CONCERNS ALL FILES GENERATED AND EDITED BY THE GAME AS WELL.