PROXIMA UNIVERSE:
END-USER LICENSE AGREEMENT

Updated March 1st, 2020.

In order to play games by Vulkanic UG you hereby agree that you have read the following terms and conditions carefully as well as understood, agreed and accepted this End-User License Agreement.

This End-User License Agreement describes the terms under which you are allowed to buy, download and install PROXIMA UNIVERSE.

Your purchase, use and installation of PROXIMA UNIVERSE indicates your acceptance of this agreement.

By choosing to not buy, download and install the game, you do not accept this agreement, and are not entitled to buy, download or play the game.

Vulkanic UG reserves the right to modify this agreement fully or in parts if needed. If changes are made to this agreement Vulkanic UG will inform the user about it within the game or on the official EULA site associated with the game. Every agreement update will be provided with a time specification showing off when it was updated. Your further use of the game will imply your acceptance of the updated version of the agreement. If you don't agree to the updated version of the agreement you may not play or access the game.

Closed Testing Notice

PROXIMA UNIVERSE is in Closed Testing stage and is an unfinished product. The game will be in production for an undefined time. The game in its current state can involve bugs or technical issues which can influence your experience. Game features or mechanics may change or evolve over time. If you don't want to play the game in its current state don't purchase it.

Game License

The software and the game are not sold to you, but licensed according to the terms of this agreement. Vulkanic UG hereby gives you the right to install the software only for personal and non-commercial use. You can only use the software and game with an authorized account.

Scheduled Server Uptimes

PROXIMA UNIVERSE will have scheduled server uptimes for an undefined period while staying in Closed Testing. Vulkanic UG has at any time the right to modify server uptimes, server availability, or take down the service and software without any given notice or reason to the user. You hereby agree that Vulkanic UG will not be liable for any changes made to the availability of the software or services and you understand that you shall not be entitled to any refunds or compensations. Vulkanic UG has at any time the right to change or terminate any aspect of the software and the game for any or no reason.

Activation Rights

Redeeming a game code of PROXIMA UNIVERSE is for personal use only, and the game may be installed and used by only one associated account you registered the game with. We permit to run the game with one account on a computer but we strictly restrict the game license to be used only on one computer at a time. You hereby agree that Vulkan Society can monitor your account in order to verify your ownership of PROXIMA UNIVERSE. If Vulkanic UG can't verify your ownership of the game we have the right to terminate your usage of the game, its software and services at any time without notice and with or without reason.

User data

In order to play the game you accept that Vulkanic UG can collect, store and display user data in the game and its database for the following purposes:

  1. User account data is needed for key and account authentication.
  2. User account data is needed to measure the global player numbers and metrics.
  3. User account data is needed to display user names in the game.
  4. User account data is needed to send regular emails about updates and news of the game.
  5. User account data is needed to be stored in our game database.

Launcher

In order to access the game you need to download the official game launcher provided by Vulkanic UG. After successful registration with providing the username and e-mail you need to redeem the key in the launcher. After the key activation the game can be downloaded inside the launcher. We preserve the right to limit the download speed or availability of downloads for any or no reason.

Multiplayer Game Features Only

PROXIMA UNIVERSE and the associated live services can only be accessed with a properly working internet connection. PROXIMA UNIVERSE is not playable without an internet connection.

Anti-cheat Policy

You agree to our Anti-Cheat Policy when buying, downloading or playing PROXIMA UNIVERSE. Violations against the Anti-Cheat Policy give us the right to decide whether you can continue using PROXIMA UNIVERSE or not.

PROXIMA UNIVERSE is a competitive multiplayer game which means we make use of anti-cheat software solutions. We preserve the right to terminate your access to the game if you do the following:

  1. Using cheat software to get an unfair advantage over other players.
  2. Reverse engineering, modifying or hacking the game in order to get an unfair advantage over other players.
  3. Selling or making cheat software that gives an unfair advantage over other players.

Copyright Notice

All components of the game are copyrighted by Vulkanic UG. This includes: art, visuals, sounds and all original content associated with the game. These components may not be taken apart, modified, used or published with other software or means except with PROXIMA UNIVERSE and may not be distributed or copied in any manner.

This Agreement constitutes the entire statement of the Agreement between the parties on the subject matter, and merges and supersedes all other or prior understandings, purchase orders, agreements and arrangements. This Agreement shall be governed by the laws of Germany, Lower Saxony.

Vulkanic UG is the copyright owner of PROXIMA UNIVERSE. All of its derivatives, title and accompanying materials are the exclusive property of Vulkanic UG. All rights of any kind, which are not expressly granted in this License, are entirely and exclusively reserved to and by Vulkanic UG. You may not rent, lease, transfer, modify, translate, reverse engineer, decompile, disassemble or create derivative works based on PROXIMA UNIVERSE. You may not make access to PROXIMA UNIVERSE available to others in connection with a service bureau, application service provider, or similar business. There are no third party beneficiaries of any promises, obligations or representations made by Vulkanic UG herein.

The game and all services provided may be used for lawful purposes only.

Termination By Vulkanic UG

This agreement and your game license can be terminated if you violate against the rules stated in this agreement or if you infringe intellectual property rights. We may also terminate this agreement and your game license if we are unable to verify your ownership of the game license. In any case of termination of your game license we do not provide refunds for purchased or paid content. If Vulkanic UG decides to stop offering the game and its services they can do at any time, with or without reason, without refunds to the user.

Termination By User

You may terminate this agreement and game license at any time if you decide to delete the game permanently or forever from your computer. Vulkanic UG does not offer refunds for paid content you purchased.

PROXIMA UNIVERSE includes the Unreal® Engine code and other code, materials, and information (the “Epic Materials”) from Epic Games, Inc. (“Epic”). All Epic Materials are provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind.

Vulkanic UG, Epic, and Epic’s affiliates disclaim all warranties, conditions, common law duties, and representations (express, implied, oral, and written) with respect to the Epic Materials, including without limitation all express, implied, and statutory warranties and conditions of any kind, such as title, non-interference with your enjoyment, authority, non-infringement, merchantability, fitness or suitability for any purpose (whether or not Epic knows or has reason to know of any such purpose), system integration, accuracy or completeness, results, reasonable care, workmanlike effort, lack of negligence, and lack of viruses, whether alleged to arise under law, by reason of custom or usage in the trade, or by course of dealing. Without limiting the generality of the foregoing, Vulkanic UG, Epic, and Epic’s affiliates make no warranty that

Any warranty against infringement that may be provided in Section 2-312 of the Uniform Commercial Code or in any other comparable statute is expressly disclaimed by Vulkanic UG and Epic. Vulkan Society , Epic, and Epic’s affiliates do not guarantee continuous, error-free, virus-free, or secure operation of or access to the Epic Materials.

This paragraph will apply to the maximum extent permitted by applicable law. To the maximum extent permitted by applicable law, neither Vulkanic UG, Epic, Epic’s licensors, nor its or their affiliates, nor any of Vulkanic UG’s or Epic’s service providers, shall be liable in any way for loss or damage of any kind resulting from the use or inability to use the Epic Materials or otherwise in connection with this Agreement, including but not limited to loss of goodwill, work stoppage, computer failure, or malfunction, or any and all other commercial damages or losses.

In no event will Vulkanic UG, Epic, Epic’s licensors, nor its or their affiliates, nor any of Vulkan Society’s or Epic’s service providers be liable for any loss of profits or any indirect, incidental, consequential, special, punitive, or exemplary damages, or any other damages arising out of or in connection with this Agreement or the Epic Materials, or the delay or inability to use or lack of functionality of the Epic Materials, even in the event of Vulkanic UG’s, Epic’s, or Epic’s affiliates’ fault, tort (including negligence), strict liability, indemnity, product liability, breach of contract, breach of warranty, or otherwise and even if Vulkanic UG’s, Epic or Epic’s affiliates have been advised of the possibility of such damages.

These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate compensation. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Vulkanic UG’s, Epic, Epic’s licensors, its and their affiliates, and any of Vulkanic UG’s or Epic’s service providers shall be limited to the full extent permitted by law.