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TerraTech EULA - 24th March 2021

Who we are

We are Terra Tek Studios Limited, a video games company based in London, England.
Our trading name (and our name in this End User Licence Agreement) is "Payload
Studios" (or "us", or "we"). Our full legal name and address is set out below.

What this is

This End User Licence Agreement ("EULA") covers the relationship between us and the
individual end users ("you") who acquire or use a copy of our games (including DLC)
("Games"). This EULA is in addition to (rather than instead of) the terms which
apply between you and distribution platforms like Steam or console owners
("Platform Terms"), and this EULA does not change the Platform Terms. Your use of
the Game indicates your acceptance of the terms of this EULA.

1. Our licence to end users


Each purchaser of a Game has a personal, non-exclusive, non-transferable licence to
store and play the Game on his or her personal devices, for personal use only.
Additional restrictions may also apply, for instance if the Game is obtained
through an educational institution. Games are licensed, not sold, and we reserve
all rights in our Games.
Videos, fan art and modding are covered in more detail in sections 4 and 5 below.

2. Sales and returns of Games


Game sales and Game returns are governed by your relationship with the distribution
platform you have paid (e.g. Steam or Humble). These platforms have policies for
returns and refunds, so please contact them for these purposes.

3. Our Games
We do not promise or warrant that our games are bug free or error free.
In particular, if any of our Games are in "Early Access" or "Games in Development"
(e.g. any Game with a version number lower than 1.0), or are released through an
"unstable" branch (or similar), then those Games are unfinished. They are likely to
include major bugs and errors and to change substantially over time (which may
include losing Game saves). You may need to update our Games regularly both before
and after launch of 1.0.

4. The TerraTech Community


This section sets out how we interact with our community. If you have any further
questions about this please contact us via our forums (www.terratechgame.com).
Please also see section 6.3 which contains important limits on creating commercial
products or services connected to our Games.

4.1 Bugs and comments


We welcome all crash reports and bug reports, so please complete any crash report
that comes up in a Game and let us know about other bugs via the Game, or via the
bug thread on our forums. We also welcome comments! Please send these to us via the
suggestions thread on our forums.

4.2 New content


If you share any content (including any tech design) you make in our Games (e.g. by
tweeting it using a TerraTech hashtag), or submit it to our forums, then we may use
it in our Games or on our website or social media. Techs may appear with the
username and tech name you specified. So please don’t share or submit anything if
you don’t want us to use it in this way! (This does not apply to your videos or
streams, of course.)
In addition please don’t share or submit anything which is offensive or illegal,
which belongs to someone else, or which gets you or us or our partners into trouble
with anyone else.

4.3 Videos and Streams


We would love you to make gameplay videos of our Games or to stream video of you
playing our Games! Obviously you are free to monetize videos or streams showing
gameplay, but please just ensure that you follow the rules set by the platform you
use (e.g. YouTube and Twitch). We would also love it if you told us about your
videos or streams, but obviously you don’t have to do so.

4.4 Modding
Please refer to our website (or contact us) if you want to mod a Game. We cannot
automatically allow all Games to be modded at the moment for technical reasons.
Depending on the mod, there may also be legal issues that need to be addressed
first, as our Games use technology we have licensed from other companies. In
addition, we do not allow modding on console versions of our Games.

If we do allow modding for any particular version of our Games then this will be
described in the release notes which we publish for that version. Modding is only
allowed in accordance with release notes, so you must comply with any modding
instructions in our release notes and any modding guidelines published on our
website or social media channels. Modding functionality may also be changed or
removed from Games in the future, and further Game updates may also affect modded
content (and may stop it from working). If you distribute any modded content then
you must comply with this EULA (including paragraphs 4.2 and 6), and any rules
specified by anyone else involved (such as Steam terms of service, if modded
content is distributed through Steam workshop). You must also make it clear that
the modded content is yours, does not come from us and is not verified or endorsed
by us.

4.5 Feedback, ideas and fan art


If you send us any feedback or ideas, including suggestions about a Game, or fan
art, you permit us to use these without charge (including in-game or on our website
or social media) as provided below in section 6.1. Please don’t send us any
feedback or ideas unless you agree to this! As noted below, please do not sell or
commercialise fan art based on a Game.

4.6 Helping us out


If you are a forum moderator, or help us out as a canary or with localisation, or
help us in some other way, you are doing this without payment. We will not tell you
when or where to do anything, and you are not required to do anything, at any time.
Any help you do provide is voluntary. Please do not describe yourself as a member
of the development team, or as a developer, or as a member of Payload (as this
could cause confusion in the wider community). You permit us to use any work you
create as provided below in section 6.1.

4.7 Multiplayer
If multiplayer is enabled this will be subject to usage and behaviour rules in
common with other multiplayer games.

5. Analytics and Privacy


Our privacy policy is posted on our website. Other privacy policies may apply to
your use of our Games, including the privacy policies used by the distribution
platform you used to obtain the game.
6. Other legal stuff our lawyers have asked us to say

6.1 Permissions granted to us


Permissions and licences granted to us are perpetual, irrevocable, worldwide and
royalty free. They are granted to us without any limitation and we may sub-license
or assign them. Accordingly, we may use works, content or ideas provided to us
(including anything tweeted using a TerraTech hashtag and any mod you distribute or
publish or provide to us) in any way we like, including within a Game, and
accordingly we may copy, modify, distribute, publish, stream, advertise, market,
make derivative works of, and commercially exploit our Games (including works,
content, mods or ideas provided to us) worldwide and without royalty or other
charge. We are not obligated to use any works, content, mods or ideas you have
created. To the extent you can do so under applicable law, you agree to waive any
so-called "Moral Rights" you may have in any work, content, mod or idea you provide
to us.

6.2 Restrictions
Except as (but only to the extent that) we are legally required to permit you, you
will not: (i) copy, adapt, rent, lease, modify, distribute, sell, license, create
derivative works of, or commercially exploit any Game; (ii) circumvent, remove or
disable any digital rights management or copy protection technology used in
connection with a Game; (iii) reverse engineer, disassemble, decompile a Game; (iv)
hack a Game or create, distribute or use any cheat, bot or other software designed
to modify a Game or change the manner in which a Game operates.

6.3 Commercial use of our Games or mods


You agree that you will not create any commercial product or service using our
Games (for instance by selling fan art or 3d models created using a Game, or by
selling mods) or use our Games for commercial purposes. However, this does not
prevent you from monetizing videos or streams as described in paragraph 4.3 above.

6.4 Extracting assets from a Game


You may not extract assets (e.g. 3d models, music, sound files or code) from a
Game, or use or distribute any extracted assets outside of a Game, unless this
forms a part of ordinary Game play and is explicitly allowed (e.g. submitting techs
to a forum).

6.5 User Generated Content and Mods


You must ensure that any content you create with a Game or relating to a Game
(including any mod): (i) does not infringe the intellectual property rights or
other rights of any person; (ii) does not contravene any applicable law or
regulation; (iii) is not offensive, defamatory, objectionable or inappropriate to
be viewed by children under the age of 10; and (iv) does not contain any virus,
trojan horse, malware, spyware or hidden content.
If you download or use mods created by other people, you must first ensure that
those mods are virus free (e.g. by using an anti-virus programme). We do not
check, and we are not responsible for, third party mods.

6.6 Termination
We may terminate your rights under this EULA if you commit a material breach of
this EULA. Termination of this EULA will not affect any of our other rights or
remedies.

6.7 Special permission or status granted to you


If we grant you a special permission or status (e.g. to use our Game name(s), or
videos or screenshots), or a specific status (e.g. a forum moderator), we can
revoke this at any time without prior notice and without liability or obligation to
you.

6.8 Our Game and name


We have the final say on all issues relating to the content of our Games, all uses
of our studio name and our Game name(s), and of our forums, websites or social
media sites. No permission or licence is granted in respect of our Games, studio
name(s) and Game name(s) except as explicitly set out in (and subject to) this
EULA.

6.9 Status and applicable laws


The terms set out in this EULA are a legal agreement between you and us which is
governed by English law. We can assign the benefit of this agreement to any person.

6.10 Changes to these terms


We can update these terms at any time, and any update will be binding once the new
terms have been published. We will use reasonable efforts to notify our community
of any important changes we make to these terms, such as by posting changes to our
forums.

6.11 No promises or liability


We make no promise or guarantee that our Games or services will be uninterrupted or
error-free.

USE OF OUR GAMES AND SERVICES IS AT YOUR RISK. THESE ARE PROVIDED "AS IS" ONLY. TO
THE EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO PROMISES, WARRANTIES, CONDITIONS
OR OTHER TERMS OF ANY KIND, EITHER EXPRESS OR IMPLIED, ABOUT OUR GAMES OR ANY
SERVICE WE PROVIDE. WE ARE NOT LIABLE TO YOU IN ANY MANNER IN CONNECTION WITH OUR
GAMES OR ANY SERVICE WE PROVIDE.
IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE OR
ANY ECONOMIC LOSS UNDER OR IN CONNECTION WITH THIS EULA OR IN ANY OTHER MANNER IN
CONNECTION WITH A GAME.

OUR ENTIRE LIABILITY UNDER OR IN CONNECTION WITH THIS EULA OR IN ANY OTHER MANNER
IN CONNECTION WITH A GAME SHALL BE LIMITED TO AN OBLIGATION EITHER TO REFUND THE
PURCHASE PRICE FOR THE RELEVANT GAME OR TO PROVIDE A REPLACEMENT COPY OF THE GAME
(AS DETERMINED BY US IN OUR SOLE DISCRETION).

However, nothing in this EULA shall limit our liability for fraudulent
misrepresentation, personal injury caused by our negligence, or any other form of
liability which cannot be limited or excluded by contract.

If your local law does not allow these disclaimers, they may not apply to you.

6.12 Your statutory rights


Nothing in these terms will affect your statutory rights (if any) which cannot be
limited by contract.

6.13 Other
Our website at www.terratechgame.com has other legal sections dealing with our
relationship, including our privacy policy and cookie policy.
Although we refer to "sales" of our Games, this refers to the grant of a non-
exclusive, non-transferable personal licence to use a Game for your entertainment.
The precise scope of this licence is set out in this EULA and in your agreement
with the distribution platform from which you obtained a copy of the Game.

6.14 Legal notices for the Game


Our Games are © 2015-2020 Payload Studios. The "TerraTech" and "Payload" names are
our trademarks, and may be registered in some countries. All rights reserved.
6.15 Definitions
References to "us" and "we" mean Payload Studios (full legal name: Terra Tek
Studios Limited) of number 1 Baker’s Yard, London EC1R 3DD, the UK, and our
successors, assignees and licensees. "You" means any person who acquires and/or who
plays TerraTech.

7. Grabit EULA (if applicable)

This section sets out the End User License Agreement relating to Grabit, which is
provided by Whispering Gibbon Limited:

GRABIT End User License Agreement (EULA)

Grabit is © Whispering Gibbon Limited 2016. The Grabit mark is a trade mark of
Whispering Gibbon Limited. All rights reserved.

Grabit is licensed to you free of charge to use only for the purposes of selecting
items within TerraTech ("the Assets") and exporting such items as data files
suitable for viewing and 3-D printing ("3D Prints") and for no other purpose.

You may not resell or redistribute Grabit nor may you disassemble or reverse
engineer Grabit save as expressly provided by law. You may not use Grabit for
commercial purposes save with the written permission of Whispering Gibbon prior to
any such use.

All advertising materials mentioning features or use of this software must display
the following acknowledgement: "This product includes software developed by
Whispering Gibbon Limited, all rights reserved."

Neither the name and marks and other indicia of Whispering Gibbon Limited nor the
names of the individual developers involved in the creation of Grabit may be used
to endorse or promote products derived from this software without specific prior
written permission

GRABIT IS PROVIDED BY WHISPERING GIBBON LIMITED ‘AS IS’ AND ANY EXPRESS OR IMPLIED
WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF SATISFACTORY
QUALITY AND FITNESS FOR PURPOSE ARE HEREBY EXCLUDED. IN NO EVENT SHALL WHISPERING
GIBBON LIMITED BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY
OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE
GOODS AND/OR SERVICES; LOSS OF USE, DATA OR PROFITS; OR BUSINESS INTERRUPTION)
HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT
LIABILITY OR TORT (INCLUDING NEGLIGENCE) ARISING IN ANY WAY OUR OF THE USE OF
GRABIT, EVEN IF YOU HAVE ADVISED WHISPERING GIBBON OF THE POSSIBILITY OF SUCH
DAMAGE ARISING FROM YOUR USE OF GRABIT.

IN PARTICULAR, WHISPERING GIBBON LIMITED DOES NOT WARRANT THAT THE USE OF GRABIT
WILL BE ERROR-FREE AND WITHOUT INTERRUPTION. BECAUSE OF VARIANCES IN THE 3D
PRINTING PROCESS (SUCH AS, WITHOUT LIMITATION, MATERIALS AND COLOURS) WHISPERING
GIBBON LIMITED DOES NOT WARRANT THAT 3D PRINTS WILL RESEMBLE EXACTLY THE ASSETS
THAT APPEAR ON SCREEN IN-GAME.

Whispering Gibbon Limited is a company incorporated in England & Wales (registered


number: 07890248) whose registered office is at 5 Sunco House, Carliol Square,
Newcastle Upon Tyne, NE1 6UF.

8. Fonts
Exo Font:

Copyright (c) 2011 Natanael Gama (exo@ndiscovered.com), with Reserved Font Name
"Exo"

Noto Font:

Copyright 2018 The Noto Project Authors (github.com/googlei18n/noto-fonts)

Exo and Noto Font Software is licensed under the SIL Open Font License, Version
1.1.

This license is copied below, and is also available with a FAQ at:
http://scripts.sil.org/OFL

—————————————————————————————-
SIL OPEN FONT LICENSE Version 1.1 - 26 February 2007
—————————————————————————————-

PREAMBLE

The goals of the Open Font License (OFL) are to stimulate worldwide development of
collaborative font projects, to support the font creation efforts of academic and
linguistic communities, and to provide a free and open framework in which fonts may
be shared and improved in partnership with others.

The OFL allows the licensed fonts to be used, studied, modified and redistributed
freely as long as they are not sold by themselves. The fonts, including any
derivative works, can be bundled, embedded, redistributed and/or sold with any
software provided that any reserved names are not used by derivative works. The
fonts and derivatives, however, cannot be released under any other type of license.
The requirement for fonts to remain under this license does not apply to any
document created using the fonts or their derivatives.

DEFINITIONS

"Font Software" refers to the set of files released by the Copyright Holder(s)
under this license and clearly marked as such. This may include source files, build
scripts and documentation.

"Reserved Font Name" refers to any names specified as such after the copyright
statement(s).

"Original Version" refers to the collection of Font Software components as


distributed by the Copyright Holder(s).

"Modified Version" refers to any derivative made by adding to, deleting, or


substituting—in part or in whole—any of the components of the Original Version, by
changing formats or by porting the Font Software to a new environment.

"Author" refers to any designer, engineer, programmer, technical writer or other


person who contributed to the Font Software.

PERMISSION & CONDITIONS

Permission is hereby granted, free of charge, to any person obtaining a copy of the
Font Software, to use, study, copy, merge, embed, modify, redistribute, and sell
modified and unmodified copies of the Font Software, subject to the following
conditions:

1) Neither the Font Software nor any of its individual components, in Original or
Modified Versions, may be sold by itself.

2) Original or Modified Versions of the Font Software may be bundled, redistributed


and/or sold with any software, provided that each copy contains the above copyright
notice and this license. These can be included either as stand-alone text files,
human-readable headers or in the appropriate machine-readable metadata fields
within text or binary files as long as those fields can be easily viewed by the
user.

3) No Modified Version of the Font Software may use the Reserved Font Name(s)
unless explicit written permission is granted by the corresponding Copyright
Holder. This restriction only applies to the primary font name as presented to the
users.

4) The name(s) of the Copyright Holder(s) or the Author(s) of the Font Software
shall not be used to promote, endorse or advertise any Modified Version, except to
acknowledge the contribution(s) of the Copyright Holder(s) and the Author(s) or
with their explicit written permission.

5) The Font Software, modified or unmodified, in part or in whole, must be


distributed entirely under this license, and must not be distributed under any
other license. The requirement for fonts to remain under this license does not
apply to any document created using the Font Software.

TERMINATION

This license becomes null and void if any of the above conditions are not met.

DISCLAIMER

THE FONT SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF COPYRIGHT, PATENT, TRADEMARK, OR
OTHER RIGHT. IN NO EVENT SHALL THE COPYRIGHT HOLDER BE LIABLE FOR ANY CLAIM,
DAMAGES OR OTHER LIABILITY, INCLUDING ANY GENERAL, SPECIAL, INDIRECT, INCIDENTAL,
OR CONSEQUENTIAL DAMAGES, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE,
ARISING FROM, OUT OF THE USE OR INABILITY TO USE THE FONT SOFTWARE OR FROM OTHER
DEALINGS IN THE FONT SOFTWARE.

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