The IndieCity Download Client is the required installer for all Products made available by IndieCity. The following terms and conditions ("Download Client EULA") apply to all use, download and installation of the IndieCity download client software and any services made available through it ("Download Client"). If you do not agree with the terms of this Download Client EULA, you should not use, download or install the Download Client nor use the related services.
IndieCity is an online marketplace and service provider for indie game developers. As such, IndieCity has not reviewed any of the content made available through IndieCity or the Download Client ("Products") and has no responsibility to do so. All Products are made available on the basis that IndieCity is not required to and does not review, nor exercise any control or judgment over them, their content nor their functionality. On the PC platform only the Download Client offers a distributed peer-to-peer (p2p) structure for Product downloads, in order to reduce hosting costs. If you are using IndieCity on a PC platform you may (but you are not obliged to) enable your computer and Internet connection to be used to host downloads to support this structure.
1. Licenses and Consents
- 1.1. IndieCity grants you (and you accept) a limited, non-exclusive license and right to install and use the Download Client for your personal use for the purpose of using, downloading and installing Products on your computer subject to the terms of this Download Client EULA.
- 1.2. Any use, reproduction or redistribution of the Download Client not in accordance with the terms of this Download Client EULA is expressly prohibited.
- 1.3. All Products made available, used, downloaded or installed through the Download Client shall be subject to all terms, conditions and policies of IndieCity plus the terms and conditions and notices in the applicable Product end user licence agreement, which shall be either the IndieCity App EULA (click here) or the IndieCIty Remix EULA (click here) (as applicable) unless an alternative is made available with the Product.
- 1.4. Where a Product includes online functionality, online network play connectivity and interactivity and other online features relating to the Product ("Product Online Services") it does so subject to the terms and conditions made available in or with such Product and IndieCity has no responsibility or liability in connection therewith.
2. Opt-in and Opt-out Features (PC platform only)
- 2.1. Opt-in:
- Auto-install: The Download Client may be set up and used to allow IndieCity to download and automatically install Products on to your computer using its recommendations engine. If you enable such functionality you further expressly acknowledge and accept that:
- 2.1.1. all Products are made available on the basis that IndieCity is not required to (and does not) review any of the Products or their content or functionality and has no responsibility to do so;
- 2.1.2. Products may be downloaded and automatically installed on to your computer without review;
- 2.1.3. IndieCity has no liability in respect of any such Products.
- 2.2. Opt-out:
- Peer-to-Peer Cache: IndieCity on PC features a peer-to-peer Product distribution function that allows IndieCity to transmit parts of the Products to other end users via a cache on your PC and using your internet connection. This function enabled aides IndieCity in delivering faster downloads to fellow IndieCity users and reduces its hosting bandwidth. By using the peer-to-peer functionality you are supporting IndieCity's aim to keep its required royalty share with developers as low as possible. Whilst the default setting is to enable peer-to-peer functionality you are free to disable this feature.
3. End User Obligations.
- 3.1. You may use the Download Client for your own personal use as described in this Download Client EULA but you are not entitled to and must not:
- 3.1.1. sell, distribute or otherwise transfer copies of the Download Client to other parties in any way;
- 3.1.2. in whole or in part reproduce, translate, reverse engineer, derive source code from, modify, adapt, merge, translate, disassemble, decompile, or create derivative works based on or of the Download Client, except where applicable law provides otherwise in which case the product and all end results of such acts shall belong to, vest in and be the exclusive property of IndieCity on creation;
- 3.1.3. remove, disable or circumvent any proprietary notices, labels or copy protection software contained on or within the Download Client;
- 3.1.4. exploit the Download Client or any of its parts for any commercial purpose including, but not limited to, use at a cyber or internet cafe or any other location-based site;
- 3.1.5. use the Download Client for any illegal or unlawful purposes;
- 3.1.6. otherwise use, copy, transfer, distribute, rent, lease, loan, sub-license or deal in the Download Client or any part or interest in it except as expressly provided by this Download Client EULA or in any manner which is inconsistent with this Download Client EULA.
- 3.2. You are advised to back-up to another secure location, on a regular basis, any data files concerning your use of the Download Client as IndieCity has no liability for lost or corrupted data.
- 3.3. IndieCity may in its sole discretion offer additional licences to permit you to make the Download Client available for commercial or network use such as cyber or internet cafes (contact enquiries@IndieCity.com for details).
- 4.1. The Download Client is licensed, not sold. This Download Client EULA gives you no ownership in the Download Client. All right, title, interest and ownership rights in the Download Client and any copyright, design right, database right, patents and any rights to inventions, know-how, trade and business names, trade secrets and trade marks (whether registered or unregistered) and any applications therefor and other intellectual property rights ("Intellectual Property Rights"), in or connected with the Download Client and each part thereof are owned by, belong to and vest in IndieCity or its licensors.
- 4.2. The Download Client is protected by copyright law, international copyright treaties and conventions and other laws. All rights are asserted and reserved.
- 4.3. The Download Client may contain licensed materials and IndieCity and its licensors may act to protect their rights in the event of any breach of this Download Client EULA. All trade marks are the property of their respective owners.
- 5.1. You may terminate this Download Client EULA at any time by deleting and removing the Download Client from your personal computer and destroying your copy of the Download Client in your possession. This Download Client EULA will terminate automatically (but without prejudice to any accrued rights of IndieCity if you fail to abide by any of its terms and conditions). IndieCity may additionally, at its discretion, give you notice of termination of this Download Client EULA in the event that it becomes aware that you are failing to comply with these terms and conditions. In that event, you must immediately destroy and erase the Download Client and all and any copies in your possession or control and stored on any media whatsoever and on request certify that you have done so.
- 6.1. The Download Client may not be re-exported, downloaded or otherwise exported into (or to a national or resident of) any country to which this country has an embargo in force.
7. Limited Warranty
- 7.1. IndieCity warrants in respect of the Download Client that for a period of 30 days from the date of the initial download of the Download Client that it shall function substantially in accordance with the description given to it on the IndieCity web site by IndieCity. In the event it does not IndieCity will use all reasonable efforts at its option to; 1) correct any defect, or 2) make available a replacement version.
8. Limitation of Liability.
- 8.1. EXCEPT AS SPECIFICALLY PROVIDED IN THIS DOWNLOAD CLIENT EULA AND TO THE MAXIMUM EXTENT PERMITTED BY LAW:
- 8.1.1. THE FOREGOING WARRANTY SET OUT ABOVE DEFINES IN FULL THE EXTENT OF INDIECITY'S LIABILITY, WARRANTIES AND YOUR REMEDIES IN RESPECT OF THE DOWNLOAD CLIENT;
- 8.1.2. INDIECITY'S LIABILITY FOR DIRECT LOSS AND DAMAGE WILL BE LIMITED AS DESCRIBED ABOVE;
- 8.1.3. INDIECITY GIVES NO WARRANTY AND HAS NO LIABILITY IN RESPECT OF THE PRODUCTS OR ANY APPLICABLE SERVICES WHICH ARE PURCHASED, USED, DOWNLOADED OR INSTALLED THROUGH INDIECITY, NOR THEIR OPERATION, FUNCTIONALITY OR CONTENT;
- 8.1.4. INDIECITY EXCLUDES ANY AND ALL LIABILITY FOR ALL REPRESENTATIONS (EXCEPT THOSE MADE FRAUDULENTLY), WARRANTIES, CONDITIONS AND OTHER TERMS WHICH BUT FOR THIS NOTICE WOULD HAVE EFFECT;
- 8.1.5. INDIECITY DOES NOT WARRANT THAT THE OPERATION OF THE DOWNLOAD CLIENT WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ERRORS CAN BE CORRECTED;
- 8.1.6. INDIECITY WILL NOT IN ANY EVENT BE LIABLE IN ANY WAY FOR ANY CONSEQUENTIAL LOSS OR DAMAGE OR LOSS OF PROFITS RESULTING FROM THE USE OF OR INABILITY TO USE THE DOWNLOAD CLIENT, ERRORS OR DEFICIENCIES IN IT, DAMAGE TO PROPERTY, LOST DATA, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION, LOSS OF BUSINESS, LOSS OF INFORMATION OR LOST PROFIT, WHETHER CAUSED BY NEGLIGENCE OR OTHERWISE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS;
- 8.1.7. INDIECITY AND ITS LICENSORS WILL NOT BE HELD LIABLE FOR ANY DAMAGE, INJURY OR LOSS IF CAUSED AS A RESULT OF YOUR NEGLIGENCE, ACCIDENT OR MISUSE, OR IF THE DOWNLOAD CLIENT HAS BEEN MODIFIED IN ANY MANNER (NOT BY INDIECITY OR ITS LICENSORS).
- 8.2. THIS DOWNLOAD CLIENT EULA SHALL NOT LIMIT ANY RIGHTS YOU MIGHT HAVE AS A CONSUMER THAT MAY NOT BE EXCLUDED UNDER APPLICABLE LAW NOR SHALL IT EXCLUDE OR LIMIT ANY LIABILITY FOR FRAUD OR DEATH OR PERSONAL INJURY ARISING CAUSED BY INDIECITY'S NEGLIGENCE.
9. Liability, Indemnity and Remedies.
- 9.1. You agree to indemnify, defend and hold IndieCity and its licensors, partners, affiliates, contractors, officers, directors, employees and agents harmless from any claims, costs and expenses (including legal expenses) arising directly or indirectly from your misuse of the Download Client or use otherwise than in accordance with the terms of this Download Client EULA.
- 9.2. You further agree that IndieCity would be irreparably damaged if the terms of this Download Client EULA were not specifically enforced, and therefore you agree that IndieCity shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Download Client EULA, in addition to such other remedies as IndieCity may otherwise have available to it under applicable laws.
- 9.3. IndieCity's licensors shall be third-party beneficiaries under this Download Client EULA and shall have the express right to enforce its provisions and to enjoy the benefits of its protections.
- 10.1. In the event that any provision of this Download Client EULA shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision will be enforced to the maximum extent permissible and the remaining portions of this Download Client EULA shall remain in full force and effect.
11. Applicable Law.
- 11.1. To the maximum extent permitted by the local law applicable in the country in which you obtain or use it, the Download Client, the services made available by the Download Client and this Download Client EULA are subject to English Law. In the event that English Law cannot apply in the country you obtained or use the Download Client local law will apply. The services made available by the Download Client are intended for use and may only be used in countries where all such use is lawful.