EULA
PLEASE READ THIS CAREFULLY BEFORE CONTINUING
BEFORE DOWNLOADING AND USING THE SOFTWARE, YOU SHOULD CAREFULLY READ THE TERMS AND CONDITIONS OF THIS END USER LICENCE AGREEMENT (“LICENCE AGREEMENT”). BY DOWNLOADING AND USING THE SOFTWARE YOU ARE AGREEING TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS OF THIS LICENCE AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS LICENCE AGREEMENT YOU ARE NOT PERMITTED TO DOWNLOAD OR USE OUR SOFTWARE.
This is an agreement between Antstream Limited, a company registered in England and Wales with company number 08451828, whose registered office is 124 City Road, London, England, EC1V 2NX (“Antstream”) and the person downloading Antstream’s software (“You”).
In this Licence Agreement, “Software” shall be the version of Antstream’s gaming platform (and all content therein) made available to you and all the games and content streamed by you via such platform; and “Use” includes the installation of the Software by copying, transmitting or loading it into the permanent memory of a computer, gaming console or other device (each a “Device”) and the access and use of the Software thereafter.
Under data protection legislation, Antstream is required to provide you with certain information including how it processes your personal data and for what purposes, and your rights in relation to your personal data and how to exercise them. This information is provided at https://www.antstream.com/privacy and it is important that you read that information.
1. Use of the Software
Antstream grants to you a limited, non-exclusive, non-sublicensable, non-transferrable licence to Use the Software for personal, home and academic purposes only on a maximum of one Device, subject to the terms and conditions of this Licence Agreement and any other related agreements between you and Antstream.
2. This is Commercially Licensed Software
The Software is commercially licensed software. It is not being licensed on an open-source, freeware or shareware basis. The licence fee payable for Use of the Software in accordance with this Licence Agreement is your monthly, annual or lifetime subscription (“Subscription”) fee. In the event that you do not maintain your monthly or annual Subscription payments, your licence to use Antstream’s Software will automatically terminate. If you make any in-platform purchases, the purchase terms presented to you at the point of sale will apply to your purchase.
3. Your Undertakings
By accepting the terms and conditions of this Licence Agreement you hereby undertake:
-
Not to rent, lease, sub-license, loan, provide, or otherwise make available, the Software in any form, in whole or in part to any person without prior written consent of Antstream;
-
Not to copy the Software, except as part of the normal Use of the Software or where it is necessary for the purpose of back-up or operational security;
-
Not to disassemble, decompile, reverse engineer or create derivative works based on the whole or any part of the Software nor attempt to do any such things, except to the extent that such actions cannot be prohibited by applicable laws;
-
Not to translate, merge, adapt, vary, alter or modify, the whole or any part of the Software nor permit the Software or any part of it to be combined with, or become incorporated in, any other programs, except as necessary to use the Software on Devices as permitted in this Licence Agreement;
-
Not to Use the Software on more than one Device at any one time in violation of this Licence Agreement;
-
Not to permit or facilitate the Use of the Software in any manner which would constitute a breach of the terms and conditions of this Licence Agreement;
-
Not to place or distribute the Software on any website, ftp server or similar location without Antstream’s express prior written consent;
-
Not to Use the Software for any purpose which may be deemed immoral, illegal, offensive, threatening, abusive or otherwise harmful;
-
Not to infringe Antstream’s intellectual property rights or those of any third-party in relation to your use of the Software;
-
Not to use the Software in a way that could damage, disable, overburden, impair or compromise Antstream’s systems or security or interfere with other users;
-
Not to collect or harvest any information or data from the Software or Antstream’s systems or attempt to decipher any transmissions to or from Antstream’s servers; and
-
Not to hack or insert malicious code (such as viruses or harmful data) into the Software or Antstream’s servers.
4. Transferring the Software
The Software is licensed only to you. You may not rent, lease, sub-licence, sell, assign, pledge, transfer or otherwise dispose of the Software or any of your rights under this Licence Agreement, on a temporary or permanent basis, without the prior written consent of Antstream. You may not transfer the Software electronically from one Device to another and may not distribute it over a network.
5. Warranties and exclusions
-
Subject to the limitations and exclusions of liability below, Antstream warrants that the Software will materially conform with any documentation that accompanies it.
-
Antstream does not warrant that the Software will be error-free or that such errors will be corrected.
-
The Software is for domestic and private use. If you use the Software for any commercial, business or resale purpose Antstream will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
-
Antstream shall not be liable to you for any losses or damages you suffer as a result of the Software failing to operate in accordance with the limited warranty set out in sub-Clause 6.1 as a result of: (i) you failing to update the Software when reasonably directed to; (ii) any unauthorised modification, variation or addition to the Software made by you; and/or (iii) any abuse, corruption or incorrect use of the Software by you.
-
Nothing in this Licence Agreement shall limit or exclude Antstream’s liability for death or personal injury arising out of Antstream’s negligence nor for fraudulent misrepresentation.
6. Third-party Content
The Software enables you to access third-party content and games that are licensed by Antstream but are not created or controlled by Antstream (“Third-Party Content”). You acknowledge that Antstream cannot, therefore, rectify any errors or bugs in or caused by the Third-Party Content.
7. Your Statutory Rights
This Licence Agreement gives you specific legal rights and you may also have other rights that vary from one country to another. Some jurisdictions do not allow the exclusion of implied warranties, or certain kinds of limitations or exclusions of liability, so the limitations and exclusions included in this Licence Agreement may not apply to you. Other jurisdictions do allow limitations and exclusions subject to certain conditions. In such a case the limitations and exclusions included in this Licence Agreement shall apply to the fullest extent permitted by the laws of such applicable jurisdictions. If any part of the limitations or exclusions in this Licence Agreement is held to be void or unenforceable, such part shall be deemed to be deleted from this Licence Agreement and the remainder of the limitation or exclusion shall continue in full force and effect. Any rights that you may have as a consumer are not affected.
8. Intellectual Property Rights
The Software is protected under applicable laws. Antstream and its licensors retain ownership of the Software, all subsequent copies of the Software and all intellectual property rights subsisting therein, regardless of the form in which such copies may exist. This Licence Agreement is not a sale of the original Software or any copies thereof. You have no intellectual property rights in, or to, the Software other than the right to use them in accordance with this Licence Agreement.
9. Term and Termination
-
This Licence Agreement is effective until terminated. You may terminate it at any time by removing the software from your Device together with all copies in any form.
-
Unless you have entered into a separate agreement with Antstream, this Licence Agreement shall also terminate upon the termination of your Subscription, the conditions set out elsewhere in this Licence Agreement or if you fail to comply with any of the terms and conditions of this Licence Agreement.
-
You agree that, upon such termination of this Licence Agreement, you will remove the Software from all of your Devices, and you will cease all activities authorised by these terms.
10. Updates to the Software
From time to time Antstream may automatically update the Software to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, Antstream may ask you to update the Software for these reasons. If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the Software. The Software will always match the description of it provided to you when you bought it.
11. Changes to this Licence Agreement
Antstream may need to change these terms to reflect changes in law or best practice or to deal with additional features which it introduces. Antstream will give you at least 14 days’ notice of any change by sending you an email with details of the change or notifying you of a change when you next start the Software. If you do not accept the notified changes, you will not be permitted to continue to use the Software and you must cease use of the Software before the changes to this Licence Agreement are implemented.
12. General
-
These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts..
-
Any clause in this Licence Agreement that is found to be invalid or unenforceable shall be deemed deleted and the remainder of this Licence Agreement shall not be affected by that deletion.
-
Failure or neglect by either party to exercise any of its rights or remedies under this Licence agreement will not be construed as a waiver of that party’s rights nor in any way affect the validity off the whole or part of this Licence Agreement nor prejudice that party’s right to take subsequent action.
-
This Licence Agreement is personal to you and you may not assign, transfer, sub-contract or otherwise part with this Licence Agreement or any right or obligation under it without Antstream’s prior written consent. Antstream may transfer its rights and obligations under this Licence Agreement to another organisation. Antstream will always tell you in writing if this happens and Antstream will ensure that the transfer will not affect your rights under this Licence Agreement.
-
The Software is provided for entertainment purposes only. Although Antstream makes reasonable efforts to update the information provided by the Software, it makes no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
-
Antstream is not responsible for events outside its control. If Antstream’s provision of the Software or support for the Software is delayed by an event outside its control then Antstream will contact you as soon as possible to let you know and Antstream will take steps to minimise the effect of the delay. Provided Antstream does this it will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact Antstream to end your contract with Antstream and receive a refund for any Services you have paid for but not received.
Any questions concerning this Licence Agreement or the Software should be directed to support@anstream.com.