This End User License Agreement ("EULA" or "Agreement") is a legal agreement between you (the "Licensee" or "you") and Encounter GG (the "Licensor," "we," "us," or "our") for the mobile software product "Encounter: The Lost Cards," including any updates and all versions thereof (collectively, the "Software").
By installing, copying, or otherwise using the Software, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install or use the Software.
Platform-Specific Terms (Apple App Store & Google Play)
As required by Apple's Instructions for Minimum Terms and applicable mobile platform guidelines, the following terms apply specifically to iOS and Android users:
- a. Acknowledgement: This EULA is a contract between you and Encounter GG only, not Apple or Google. Encounter GG is solely responsible for the Licensed Application and its content.
- b. Scope of License: The license is non-transferable and limited to use on Apple-branded or Android products that you own or control, as permitted by the applicable App Store Usage Rules.
- c. Maintenance and Support: Encounter GG is solely responsible for providing maintenance and support. Apple has no obligation whatsoever to furnish any support services.
- d. Warranty: Encounter GG is solely responsible for any product warranties. If the app fails to conform to any applicable warranty, you may notify Apple for a refund of the purchase price. To the maximum extent permitted by law, Apple has no other warranty obligation.
- e. Product Claims: Encounter GG, not Apple, is responsible for addressing any claims relating to the application, including product liability, legal/regulatory non-conformance, and consumer protection claims.
- f. Intellectual Property Rights: In the event of a third-party IP infringement claim, Encounter GG (not Apple) is responsible for the investigation, defense, settlement, and discharge of such claims.
- g. Legal Compliance: You represent and warrant that you are not located in a U.S. embargoed country or listed on any U.S. Government list of prohibited or restricted parties.
- h. Developer Name and Address: Encounter GG is the point of contact for any complaints or claims. You may contact us at [email protected].
- i. Third Party Terms of Agreement: You must comply with applicable third-party terms of agreement (e.g., wireless data provider terms) when using the application.
- j. Third Party Beneficiary: Apple and its subsidiaries are third-party beneficiaries of this EULA. Upon your acceptance, Apple will have the right to enforce the EULA against you.
Grant of License
Subject to your compliance with this Agreement, the Licensor grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the Software on devices that you own or control, as the platform you got it from allows, solely for your personal, non-commercial entertainment. The Software is licensed, not sold.
Updates are part of the Software. Its online features may require the latest version, so you may need to update to keep playing.
License Restrictions
You agree not to, and not to permit any third party to, do any of the following:
- Exploit the Software or any of its parts for any commercial purpose, except for the creation and monetization of video content (e.g., "Let's Plays", live streams, reviews) on platforms such as YouTube and Twitch, provided such content adds your own creative input.
- Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code for the Software.
- Copy, modify, adapt, or create derivative works based on the Software.
- Sell, rent, lease, sublicense, distribute, or otherwise transfer your rights to the Software.
- Remove, alter, or obscure any proprietary notices or labels on or in the Software.
- Use cheats, exploits, automation software (bots), hacks, mods, or any unauthorized third-party software designed to modify or interfere with the Software, its saved or offline progress, its in-game economy, or the online service it connects to.
Ownership and Intellectual Property
All rights, title, and interest in and to the Software and any and all copies thereof are owned by Encounter GG. The Software is protected by the copyright laws of Canada, international copyright treaties, conventions, and other laws. All rights not expressly granted to you herein are reserved by the Licensor.
Online Service, Virtual Items and Privacy
The Software connects to our online service. Our Terms of Service govern that service, your account and the Software's virtual items, and our Privacy Policy describes the data we collect. Where this Agreement and the Terms of Service disagree about those, the Terms of Service control.
Third-Party Components and Services
The Software includes third-party and open-source components, which are licensed under their own terms. It also relies on third-party platforms and services, such as Steam, the Apple App Store, Google Play and Cloudflare, and your use of those is subject to their own terms.
Termination
This EULA is effective until terminated. Your rights under this license will terminate automatically without notice from the Licensor if you fail to comply with any term(s) of this EULA. Upon termination, you shall cease all use of the Software and destroy all copies, full or partial, of the Software.
Disclaimer of Warranty
THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE EXTENT THE LAW ALLOWS, THE LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE, EITHER EXPRESS, IMPLIED, OR STATUTORY.
Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL THE LICENSOR BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SOFTWARE.
Nothing in this Agreement takes away a right that the consumer protection law where you live gives you and does not allow to be waived.
Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein.
Controlling Language
The original version of this Agreement is in English. Any translations are provided for convenience only. In the event of any conflict or inconsistency between the English version and a translation, the English version shall govern and control.
Amendments
We reserve the right to modify this Agreement at any time. We will notify you of material changes by updating the "Last Updated" date at the top of this document and, where practicable, in the Software or on its store page. Your continued use of the Software after the effective date of any changes constitutes your acceptance of the revised Agreement.
