The EULA is the large body of text that you didn’t read, yet wholly agreed to during the install process:
End User Licence Agreement (EULA)
Please read this document carefully before using this software. This document provides important information concerning the software, provides You with a licence to use the software and contains any and all warranties and liability information. By downloading, copying, installing or otherwise using the software, You are accepting the software “as is” and agreeing to be bound by the terms of this licence agreement. If You do not wish to do so, do not use the software and destroy all copies in your possession.
For purposes of this Agreement the “Software” means collectively the interactive video game “Game Dev Tycoon” and all related client software (including, but not limited to, installer software and the game client) that You will or have installed on Your computer through our website, www.greenheartgames.com, or by any other distribution channels now known or hereafter devised, regardless of the legal standing of that distributor.
Greenheart Games Pty. Ltd. owns all intellectual property rights in the Software.
Greenheart Games Pty. Ltd. prohibits any copying, reproduction, and circumvention of technology of the Software beyond the terms of this Licence. The Software is licenced to You, as opposed to being sold or assigned to You, and Your continued legal use of the Software is only granted in accordance with the terms of this EULA.
Grant of rights
Upon payment of applicable Licence fees, we hereby grant You the non-exclusive, non-transferrable, revocable, and limited right to licence the Software for Your personal, non-commercial use. You may install the Software on up to three (3) PC’s for your sole personal, non-commercial use. You may only use one instance of the Software at any one time. You may create backups of the Software for your personal use.
This Licence does not give You any title or ownership in the Software and is not a sale or transfer of any intellectual property rights in or to the Software.
Third Party Components
Some portion of the Software may be open source, freeware, or other software that is shipped with the Game client under license from third parties (“Third Party Components”). (A list of such components is available on our website at http://www.greenheartgames.com/credits/game-dev-tycoon/ or by request via legal@greenheartgames.com). Such Third Party Components of the Software are subject to the terms and conditions outlined by the third party license agreements but do not apply to other parts of the Software.
By agreeing to the terms of this EULA, you also agree to the terms of such licenses.
Restrictions on Use
You may NOT:
a. use, copy, transfer or distribute the Software or part of it other than permitted by this Licence or unless authorised to so by Greenheart Games Pty. Ltd.;
b. modify, alter, adapt, merge, decompile, reverse engineer, disassemble, include in other software, or translate the Software.
c. use the Software for any commercial purposes including but not limited to use at a Internet cafe or computer gaming centre.
d. rent, lease, resell, sublicense, assign, distribute or otherwise transfer the Software or this Licence.
e. remove any proprietary notices or labels or remove, disable or circumvent any technical limitations within the Software;
f. disclose the algorithmic nature or describe any part for the source code or inner workings of the Software.
g. use the Software for any illegal or immoral purposes;
h. create derivative works or programs which mimic data or functionality in the Software.
Privacy Policy
Usage of the Software is subject to our Privacy Policy available at www.greenheartgames.com/privacy-policy
Limitation of Liability
The Game is provided on an “as is” basis, without any technical support and without any representation, warranty or condition, whether express or implied, statutory, out of a course of dealing or usage, trade or otherwise including any implied warranty or condition of merchantability quality or fitness for any particular purpose or use. Your purchase and use of the Software is done so at Your own risk. Greenheart Games Pty. Ltd. does not warrant that the software will be free of defect, uninterrupted, accurate, complete, current, stable, bug free, error free or available at any time in respect of its operation on the computer. Greenheart Games Pty. Ltd. shall have no responsibility or liability whatsoever as a consequence of any data, lost, destroyed or damaged by the software. The limited warranty and limited liability set forth above are fundamental elements of the basis of the agreement between Greenheart Games Pty. Ltd. and You.
Dispute Resolution
You agree that in case of a dispute or claim You will attempt to informally negotiate a potential settlement or resolution of the dispute by contacting legal@greenheartgames.com and informing us in a comprehensive way of the grounds of your dispute.
The liability of Greenheart Games Pty. Ltd. shall not exceed the actual price paid for the Software.
Jurisdiction
Jurisdiction and Choice of Law. The validity, interpretation, and performance of this EULA are governed and controlled by the laws and regulations of the state of Queensland/Australia. In the event of a dispute You agree to submit to the terms and conditions of this Licensing Agreement and to the personal and exclusive jurisdiction of the Queensland Magistrates Court.
Attorney Fees
In the event that Greenheart Games Pty. Ltd. has to obtain the assistance of an attorney in order to enforce this Agreement, Greenheart Games Pty. Ltd. shall be entitled to recovery of all reasonable attorney’s fees in connection with such action.
Disclaimer
Any similarities of characters, company names, products, events, and portrayals in the Software to real individuals, companies, products or events is either by coincidence or considered as homage, parody, popular culture reference or other type of fair use. All images and game assets, such as product images are original work and the property of Greenheart Games Pty. Ltd. We do not claim any rights or interest in real trademarks, products or trade names which may be similar to those depicted.
Translations
Greenheart Games Pty. Ltd. may provide crowdsourced localizations for the Software as part of the game client. These localizations are subject to the same EULA as the Software itself. Localizations are provided “as is” and no warranty of correctness of localizations is provided. Usage of the localized version is at Your own risk.
Term and Termination
This Licence Agreement is effective until terminated. You may terminate this Licence Agreement at any other time by destroying all complete and partial copies of the Software in Your possession. This Licence and Your rights hereunder shall automatically terminate if You fail to comply with any provision of this Licence. Upon such termination, You shall cease all use of the Software and delete the Software and destroy all copies of the Software and other materials related to the Software in Your possession or under Your control.
No Waiver
Our failure, indulgence or delay in exercising any provisions of this EULA or related agreements shall in no way be construed to be a waiver of such power or right, nor shall it preclude any future exercises of those rights and powers under this Agreement.
Assignment
The rights and obligations of Greenheart Games Pty. Ltd. related to this Agreement can be assigned by them to a third party without Your prior consent or approval.
Software Updates
Greenheart Games Pty. Ltd. may from time to time release new versions of the Software. All new versions or releases which are provided to You shall be considered part of the Software and shall be governed by the terms of this Licence Agreement.
Full Agreement
This Agreement contains the complete agreement between the parties with respect to the subject-matter hereof, and supersedes all prior agreements or understandings, whether oral or written.
Updates to this EULA
This EULA may be updated from time to time. You agree that notification to You of these changes will be effective upon posting those notifications and changes on the Greenheart Games web site.
Severability
If any portion of this EULA is found invalid by any competent Court of Law, the invalidity will not affect other provisions or applications of the remainder of this EULA which can be given effect without the invalid portion.
All questions, comments or concerns with respect to this Agreement shall be directed to legal@greenheartgames.com
The relevant clauses have also been restated many times on this forum by the developers and staff.