EULA

 END USER LICENCE AGREEMENT

Please read this Licence carefully before installing Game (as defined below).

This End User License Agreement (“EULA”) is an agreement between you, the “you” or “User”, and Fulqrum Publishing Ltd. (“Fulqrum”), which grants the User the non-exclusive, non-transferable and limited right to use the software program, application, or other digital content published by Fulqrum and to which this EULA is attached or presented with, the “Game”. The Game includes computer software owned by Fulqrum or its third-party suppliers/licensors and associated media, materials and other documentation together with any updates which are provided to you or which you may download from any web site or source authorized by Fulqrum expressly for such purpose. The Game also includes software required in order to access and/or use any on-line features and functionality which may be associated therewith. The terms and conditions of this EULA are without prejudice to any terms and conditions governing your use of any third-party proprietary software product which may be downloaded with the Game and which may be required in order to use certain features of the Game, which use may be subject to and conditional upon your acceptance and observance of additional third party end user license agreements.

By installing the Game, the User is undertaking to respect the terms and conditions of the Licence.
Before installing or starting to use any of the Game, you shall read and accept this EULA. The EULA describes the personal data processing issues in the Privacy Legal Note available herein below.

1. THE LICENCE
Fulqrum grants the User a non-exclusive, personal, limited, revocable and non-transferable licence to use the Game (the “Licence”), but remains the owner of all the rights relating thereto.
The License granted to you under this EULA is:

·       non-exclusive - you are not the only User (licensee) and we can grant same or any other license to any of the Game to others;

·       personal - you can use the Game only on your personal device (which is used solely for your personal purposes and primarily by you), and your use of the Game explicitly excludes any commercial or other non-personal use;

·       limited - you can use the Game only for the purposes and by means of usage as provided by this EULA;

·       revocable - that means we can terminate the License in certain cases as provided in Section 6 of this EULA below;

·       non-transferable - that means the License is granted solely to you, and you cannot assign, sublicence or otherwise transfer it to any other person (whether individual or entity). For avoidance of doubt, your rights and obligations under the License are also non-transferable whether in full or in part.

Any rights not specifically transferred by this Licence remain the property of Fulqrum.

The Game is licensed and not sold to the User, for private use.

The Licence does not confer any right or title to the Game and cannot be understood as a transfer of intellectual property rights to the Game.

2. OWNERSHIP OF THE GAME

The Game contains copyrighted material, trade secrets and other proprietary material. The User recognises that all of the rights associated with the Game and its components (including, but not restricted to the titles, computer codes, themes, characters, character names, plots, stories, dialogues, places, concepts, images, photographs, animation, videos, music and text contained in the Game, along with in-game items and playable characters), as well as the rights relating to the trademark, royalties and copyrights, are the property of Fulqrum and are protected by Cypriot regulations or other Laws, Treaties and international agreements concerning intellectual property.

3. USE OF THE GAME

The User is authorised to use the Game in accordance with the instructions provided in this EULA.

The Licence is granted solely for private use.

It is not permitted to:

·       operate the Game commercially or otherwise contrary to the intended use of the Game,

·       use it contrary to morality or the applicable laws in force, or in any malicious or deceiving way;

·       modify the Game or the code thereof, translate, reverse engineer, derive source code from, disassemble, decompile, or create derivative works of, the Game in whole or in part, except to the extent that such activities are expressly permitted by applicable mandatory law (including, without limitation, for the purpose of achieving interoperability as provided for under Directive 2009/24/EC);

·       exploit flaws in the Game;

·       use any software unauthorized by Fulqrum, which may interfere with the Game, create or distribute unauthorised levels and/or scenarios.

The User cannot sell, sublicence or lease the Game to a third party.

No part of the Game could be sold or transferred to other parties. Selling of accounts is strictly prohibited.

Fulqrum has the right, at its sole discretion, to determine the territory within which the rights to use the Game are granted in accordance with this EULA. Access may be restricted only where required by applicable law, licensing obligations, or technical necessity.

The Game may use automated systems (e.g., anti-cheat or content moderation). Where such systems qualify as AI under Regulation (EU) 2024/1689, Fulqrum ensures their deployment complies with applicable transparency and human-oversight requirements.

4. USER ACCOUNT

Using the Game may require you to create a personal account (“User Account”). This may require an account with a third-party platform (such as Steam or Epic Games) or a separate account with Fulqrum, as indicated at the time of purchase or installation.

5. USER GENERATED MATERIALS

The terms of this Section 5 apply only if the specific Game provides you with an editing software or other tools and features expressly intended for the creation of User Generated Materials (defined below).

The following terms apply in relation to the editing software, which allows the User to construct new variations, modifications, derivations, adaptations, copies or improvements of the Game provided to you for use with the Game, or any other third-party software which is authorised to be used with the Game (“User Generated Materials”).

Fulqrum acknowledges and agrees that all right, title and interest in the User Generated Materials shall belong to you. To the extent required by Fulqrum, with respect to the User Generated Materials, you automatically grant to Fulqrum the irrevocable, perpetual, royalty free, sub-licensable right and license under all applicable copyrights and intellectual property rights laws to use, reproduce, modify, adapt, perform, display, distribute and otherwise exploit and/or dispose of the User Generated Materials (or any part thereof) for any purpose reasonably related to the development, marketing, support, and distribution of the Game, its sequels, or related promotional materials and merchandise.

Fulqrum hereby grants you a non-exclusive, non-transferable, limited, fully revocable right and license to use the Game with your User Generated Materials, subject to the terms and conditions of this EULA and any other policies which Fulqrum publishes from time to time. The license you have been granted to synchronise the Game does not include any rights to (a) resale of the Game; (b) the distribution, public performance or public display of any Game other than as expressly authorised herein or in any policies published by Fulqrum; (c) modifying or otherwise making any derivative uses of the Game, or any portion thereof for any other reason. You acknowledge and agree that all right, title and interest in the Game in any part of the world and whether or not registered or registrable and to the fullest extent thereof and for the full period thereof and all extensions and renewals thereof, are for the benefit of Fulqrum
You hereby warrant and represent that any User Generated Materials which you synchronise with the Game shall not be discriminatory, racist, obscene, libellous, offensive, illegal, defamatory, inappropriate, invasive, or likely to adversely affect the reputation or goodwill of Fulqrum.

You hereby warrant and represent that any User Generated Materials synchronised with the Game and the subsequent use and exploitation of any of those materials by you and or Fulqrum, will not infringe any rights of any person (corporate or otherwise) or otherwise result in any potential liability to Fulqrum and shall not be used for commercial exploitation by you (through pay-per-play or timesharing services or otherwise) unless expressly authorised by Fulqrum.

Where user-generated content is made available through Fulqrum-controlled services, users may report illegal or infringing content via email. Fulqrum will process such notices diligently and provide reasons for any takedown decisions in accordance with the Digital Services Act (EU) 2022/2065.

5A. MODDING POLICY

(a) Permitted Modding Activity

Fulqrum encourages creative, non-commercial modding that enhances the enjoyment of the Game and its community. Subject to this EULA and any technical or platform limitations and if technically feasible for a specific Game, you may create, share, and distribute non-commercial modifications (“Mods”) that:

·       operate only with a legitimate, unmodified copy of the Game;

·       do not include, reproduce, or distribute any part of Fulqrum’s proprietary content other than as necessary to operate within the Game; and

·       comply with this EULA, applicable law, and Fulqrum’s Position on the Use of Its Game Content and any other publicly posted content policies.

(b) Prohibited Modding Activity

If modding is possible for a specific Game, you may not create, use, or distribute any Mod that:

·       incorporates or reuses assets, missions, campaigns, or other materials from Fulqrum or third-party titles without written consent;

·       functions as a stand-alone game or requires any non-Fulqrum title to run;

·       is made or distributed for commercial purposes (including paid access, advertising revenue, sponsorship, or donations tied to access);

·       contains or promotes illegal, defamatory, obscene, hateful, or infringing material; or

·       misrepresents any affiliation with or endorsement by Fulqrum.

(c) Ownership and Licence Back to Fulqrum

Subject to Fulqrum’s underlying rights in the Game, you retain ownership of your original creative contributions in your Mods.

By creating or publishing a Mod, you grant Fulqrum a perpetual, worldwide, royalty-free, non-exclusive, sub-licensable licence to use, reproduce, modify, adapt, distribute, display, and otherwise exploit that Mod (in whole or in part) for any purpose related to the Game, its sequels, or related promotional materials and merchandise or its community.

(d) Distribution and Platform Rules

Mods may be shared only through platforms or repositories approved by Fulqrum (for example, Steam Workshop) and must comply with the relevant platform’s terms. Fulqrum may request the removal of any Mod at any time if it violates this EULA or applicable policies.

(e) No Support or Warranty

Mods are user-generated and are provided “as is.” Fulqrum does not test, endorse, or provide technical support for Mods and is not responsible for their content or performance.

(f) Policy Updates

Fulqrum may update this Modding Policy from time to time. Updated terms will apply prospectively to new or continued Mod activity.

 

6. TERMINATION

The Licence is effective from the first time the Game is used.

Fulqrum may terminate this Licence under the following conditions:

a) For Material Breach: Fulqrum may terminate this Licence with immediate effect by notifying you if you commit a material breach of this EULA. A material breach includes, but is not limited to, any violation of the prohibitions listed in Section 3 and 5A(b), particularly those involving commercial exploitation, cheating, hacking, or the distribution of illegal or infringing content.

b) For Other Breaches: For any other breach of this EULA, Fulqrum shall provide you with prior written notice of the failure and a period of no less than fourteen (14) days to remedy the breach. If you fail to remedy the breach within this period, Fulqrum may then terminate the Licence.

Upon termination by Fulqrum, you shall immediately and permanently uninstall the Game. Termination by Fulqrum shall not affect any rights or liabilities accrued prior to the date of termination.

In case of termination of the Licence by Fulqrum it will have no future obligations or liabilities vis-à-vis you.

Termination by Fulqrum shall have immediate effect unless advised otherwise or required by applicable, mandatory rule.

You can terminate this EULA immediately by permanently stopping use of the Game and deleting it from your device.

7. PERFORMANCE&WARRANTY

Taking advantage of the Game may require minimum hardware and software capability (including a suitable connection to the Internet), to be found in the Game’s description. Please make sure you meet such technical requirements before installing/using the Game.

Fulqrum offers technical support that can be contacted via support@fulqrumpublishing.com. Please be as specific as you can be about the problem you are experiencing and have the following details available:

·       The name of the manufacturer of your computer system

·       The brand and speed of the processor

·       How much RAM you have

·       The version number of Windows you are using (if you are not sure, right-click on the My Computer icon on your desktop and select ‘properties’)

·       The manufacturer(s) and model number of your video card, modem, and sound card.

In order to ensure the best level of performance and user experience, we need to patch, update and modify the Game from time to time. That usually results in mandatory and/or automatic updates of the Game, and the older versions may not launch or operate until you update them. Update of the Game may result in the need to update the minimum hardware and software requirements for the Games.

Fulqrum has the right to change the software code of the Game at any time at its sole discretion. Such changes may affect, among others, the functionality of the Game and its other content. For instance, we can add or remove Game content or features, fix bugs and errors, make balance changes, etc.

Please pay special attention that some patches, updates and modifications may require (and over the time will definitely require) higher technical requirements to your device, or increase the device resources consumption by the Game, otherwise they may lead (and over the time will definitely lead) to performance drop of the Game and/or lower graphics or other settings.

By accepting this EULA, you confirm and acknowledge that your refusal to update the Game may make its further use by you impossible, and this EULA shall be deemed suspended until you update the Game.

8. HEALTH MEASURES

The User agrees that the Game may contain sound and video effects that, under certain circumstances, may cause an exacerbation of epileptic and other neurological disorders in persons prone to them, and confirms that he does not suffer from these disorders, and otherwise will not use the Game.

The User understands and agrees that regular prolonged use of a personal computer or other technical device may cause various health disorders, including visual impairment, scoliosis, various forms of neuroses, and the like. The User guarantees that he will use the Game exclusively for a reasonable period with breaks for rest and prevention of health disorders.

9. WARRANTY LIMITATIONS
The User recognises expressly that he uses the Game at his own risk.

THE GAME IS PROVIDED "AS IS" AND “AS AVAILABLE". FULQRUM EXPRESSLY DISCLAIMS ANY WARRANTIES FOR THE GAME OF ANY KIND, EXPRESS OR IMPLIED, OTHER THAN THOSE SPECIFIED IN ARTICLE 7 OF THE EULA. The User is responsible for any costs arising from the repair and/or correction of the Game.

To the extent provided by law, Fulqrum rejects any warranty relating to the market value of the Game, the User’s satisfaction or its capacity to perform a specific use.

The User is responsible for all risks connected with loss of profit, loss of data, errors and loss of business or other information as a result of owning or using the Game.

Fulqrum does not guarantee that the Game will be uninterrupted or error-free, that defects will be corrected, or that the Game is free of viruses or other harmful components.
As some jurisdictions do not permit the aforementioned warranty limitation, it is possible that it may not apply to the User.

Nothing in this EULA limits your statutory rights under Directive (EU) 2019/770 or equivalent national law. Fulqrum remains responsible for ensuring that the Game conforms to the contract for a period required by applicable law.

10. LIABILITY

In no event can Fulqrum be held liable for any direct, consequential, accidental, special, ancillary or other damages arising from the use or inability to use the Game, as well as from the ownership or poor functioning thereof, even if Fulqrum have been advised of the possibility of such damages.

Notwithstanding the foregoing, nothing in this EULA shall limit or exclude Fulqrum's liability for:

a) death or personal injury resulting from its negligence;

b) damages caused by its willful misconduct or gross negligence;

c) any liability which cannot be excluded or limited under applicable law, including any liability under mandatory product liability legislation.

As some jurisdictions do not permit exemption from liability in the event of direct or incidental damage, it is possible that the aforementioned exclusion does not apply to the User.

This Licence to use the Game grants specific rights to the User and he may have other rights, depending on the laws of his country.

11. OTHER PROVISIONS

Only the English language version of this document is legally binding. Any translations of this document into other languages are provided for your convenience only.

The provisions of this EULA are not intended to exclude or limit the rights available to consumers under the relevant provisions of applicable law.

This EULA constitutes full agreement between the User and Fulqrum regarding the use of the Game by the User and substitutes any previous or contemporaneous oral and written agreements regarding the User’s use of the Game.

If any part of this EULA is held to be unenforceable, then it will not affect the enforceability of any other part of this EULA. Also, we and you agree to interpret the rest of this EULA in such a way as to reflect your and our intentions in this EULA as far as possible.

Fulqrum may need to amend this EULA for material reasons, for example to reflect new features and functionality in the Game or to comply with changes in the applicable legislation. You will be informed of the particular changes and of your right not to accept them in advance by any means available to Fulqrum no later than thirty (30) calendar days before such changes come into force. You will be provided with the updated EULA. If you disagree with the changes, you can terminate the EULA by permanently stopping use of the Game and deleting it from your device. Your continued use of the Game after the changes come into force will constitute your acceptance of those changes. Changes to this EULA shall not affect the rights accrued by the User and shall not have retroactive effect.

12. APPLICABLE LAW AND JURISDICTION

Unless otherwise expressly provided by applicable law, this EULA is governed by and construed in accordance with the laws of the Republic of Cyprus.

In accordance with Article 14 of Regulation 524/2013/EU, the European Commission provides consumers with an online dispute resolution platform accessible at the following address: https://ec.europa.eu/consumers/odr/ .

13. CONTACT DETAILS
Fulqrum Publishing Ltd.
Address: 27, 25 Martiou Str., D. Michael Tower, Office 105A, Engomi, 2408 Nicosia, Cyprus
https://www.fulqrumpublishing.com