Pillow Castle LLC

Superliminal

 END USER LICENSE AGREEMENT [EULA] and TERMS OF SERVICE [TOS]

v.1.1 [September 2021]

Pillow Castle would like to thank you for getting Superliminal (referred to as the “Game”). We hope you enjoy the experience. But before you get started, we’d like to make some matters clear. When you paid for Superliminal you did not actually buy the game, you acquired a license to use the software that comprises the game and its related materials. And that license is subject to the terms of this EULA/TOS. This EULA/TOS is a binding contract between you and Pillow Castle and its licensors, licensees and suppliers. 

We know you want to get the game installed and start playing it. But, please take the time to read through this agreement first because BY INSTALLING SUPERLIMINAL YOU ARE ACKNOWLEDGING THAT YOU ARE AT LEAST 13 YEARS OLD, HAVE READ THIS EULA/TOS, AGREE TO ITS TERMS AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS, PROMPTLY DISCONTINUE THE INSTALLATION PROCESS AND CEASE ANY AND ALL USE OF THIS SOFTWARE.

1.           Limited Use License

Superliminal software and any files that are provided with it by digital distribution or on tangible media, as well as any printed materials, patches or updates, (collectively referred to as the “Game”) contains copyrighted material, trade secrets and other proprietary material of Pillow Castle and its licensors, licensees and suppliers. The Game is licensed to you for your use. This license is a non-exclusive limited license to install and use the Game yourself, including use over the internet or on a LAN. Your continuing license to use the Game is conditioned on your compliance with this EULA/TOS. If you violate any of the terms of this EULA/TOS, all of your right to use the Game will immediately end, without any further notification from Pillow Castle or anyone else. Once your license is terminated, you will be obliged to immediately uninstall the Game and all of its components.

2.           Commercial Exploitation

You may not use the Game, or any other tools provided with the Game, for any commercial purposes without the prior written consent of Pillow Castle or its authorized licensees including, but not limited to, the following rules:

·       If you are the proprietor of an Internet café or gaming room, you may operate the Game in a “pay for play” environment provided that all computers used have validly licensed the Game installed, such the Game having been properly purchased through one of our licensees.

·       You may not, without prior written consent from Pillow Castle, operate the Game in any gaming contest where (a) the cash value of all winnings and prizes paid throughout the entire competition is equal to or greater than US$1,000.00 or (b) the name of the event, or any individual contest therein, incorporates or approximates the name of a company, product or commercial service or (c) any company has provided, whether donated or as sponsorship any prizes, products or services worth with a fair market value of over US$2,000.00. 

3             Permitted User Modifications and New Creations

The Game comes with the Somnasculpt Workshop (the “Workshop”). The Workshop provides you with access to a variety of resources, materials and downloads, and may allow you access content made available by Pillow Castle and other Users. Such content may include, without limitation, game levels, content creation tools, audio, video, film, music, text, communications, software, graphics, images, and information. All such content made available by you or by other Users of the Workshop is referred to in this Agreement as User-Generated Content (“UGC”). As between Pillow Castle and you, you own the copyright in any UGC that is exclusively created by you. You expressly acknowledge and agree that any UGC that you make available through the Workshop may be made freely available by Pillow Castle to others, including without limitation for download by others.

You further acknowledge and agree that this permission is made and granted by you in consideration of your use of the Workshop, and that this permission constitutes a world-wide, nonexclusive, perpetual, royalty-free, irrevocable and transferable license to Pillow Castle to use, copy, perform, display and distribute such UGC, and to grant and authorize sublicenses of such UGC to others.

You acknowledge that UGC are provided by you on a completely voluntary basis. Should you not wish to have your UGC incorporated into any game or website functions, you may choose not to share them with Pillow Castle.

You agree that you will not distribute or share the Workshop because it is not shareware. You agree that any new UGC that you make for the Game, with or without the Workshop, are subject to the following restrictions:

·       Your UGC must only work with the full, registered copy of the Game, not independently or with any other software.

·       Your UGC must not contain modifications to any executable file(s).

·       Your UGC must not contain any sexually explicit, harmful, threatening, abusive, defamatory, obscene, hateful, racially or ethnically offensive imagery or libelous, defamatory, or other illegal material, material that is scandalous or invades the rights of privacy or publicity of any third party.

·       Your UGC must not contain, or be used in conjunction with, any trademarks, copyright protected work, or other recognizable property of third parties without their written authority.

·       Your UGC must not be used by you, or anyone else, for any commercial exploitation including, but not limited to in-game advertising, other advertising or marketing for any company, product or service.

·       While we encourage folks to make UGC, UGC will not be supported by Pillow Castle, its licensors, licensees or suppliers, and if distributed pursuant to this license your UGC must include a statement to that effect.

·       Your UGC must be distributed for free, period. Neither you, nor any other person or party, may sell them to anyone, commercially exploit them in any way, or charge anyone for receiving or using them without prior written consent from Tripwire Interactive. You may exchange them at no charge among other end users and distribute them to others over the Internet or otherwise for free.

·       The prohibitions and restrictions in this section apply to anyone in possession of the Game or any UGC.

4.           Prohibited UGC

The UGC you create may not include in whole or in part anything that:

·       constitutes or includes any illegal or unauthorized copy, in whole or in part, of another person’s copyrighted or copyrightable work, discloses trade secrets without authorization, or otherwise violates the proprietary rights of a third party;

·       misrepresents the source or identity of any material;

·       is unlawful, obscene, defamatory, libelous, threatening, abusive, harassing, promotes racism, bigotry, hatred or physical harm of any kind against any individual or group, or encourages any other conduct that would be considered a criminal offense, creates civil liability, or is otherwise offensive to Users of the Services or is otherwise inappropriate;

·       violates the rights of privacy or publicity of any person;

·       is false or deceptive;

·       displays pornographic or sexually explicit material of any kind;

·        includes material that exploits people under the age of 18 in a sexual or violent manner;

·        is an advertisement or solicitation to sell a product or service to Users of the Site, or constitutes any other commercial use of the Site, without the prior written consent of Pillow Castle;

·        is unlawful under the laws of the United States or any individual state or locality, the laws of any foreign jurisdiction, or any international treaty or convention; or

·        interferes with the proper functioning of the Workshop, the Game, or the Site, or violates any other of the Terms of this Agreement.

You should not post any UGC if you are in doubt about its legality or its prohibition by the Terms. Pillow Castle does not endorse any UGC or any opinion, recommendation or advice that may be expressed. Pillow Castle generally does not regulate and shall have no obligation to monitor any UGC. Nonetheless, Pillow Castle and its agents shall have and reserve the right to monitor any User-Generated Content from time to time for any lawful purpose. Pillow Castle may, without notice to you, remove or block any User-Generated Content, including disabling access to such User-Generated Content. Pillow Castle also may terminate your access to the Site and refer the User-Generated Content to law enforcement if it is in violation of any state, federal or local law.

5.           Restrictions on Use

Just to make sure you understand what you can and cannot do with the Game here is a list of restrictions to your use of the Game under this EULA/TOS:

·       You may not decompile, modify, reverse engineer, publicly display, prepare derivative works based on the Game, disassemble or otherwise reproduce the Game.

·       Except as set forth herein, you may not rent, sell, lease, barter, sublicense or distribute the Game. You may not delete the copyright notices or any other proprietary legends on the original copy of the Game. 

·       You may not offer the Game on a pay per play basis or otherwise commercially exploit the Game or use the Game for any commercial purpose except as described in this agreement.

·       You may not electronically transmit the Game from one computer to another or over a network except as described in this agreement.

5.           Export Controls

You may not ship or export the Game to any country other than where you bought it, in violation of the U.S. Export Administration Act (or any other law governing such matters) and you will not utilize and will not authorize anyone to utilize the Game in violation of any applicable law. the Game may not be downloaded or otherwise exported into (or to a national or resident of) any country to which the U.S. has embargoed goods or to anyone or into any country who/which are prohibited by applicable law, from receiving it.

6. Abusive Behaviors

We will not tolerate anyone using the game, or any servers or forums provided for the game, to be continually or repeatedly abusive to other players. This includes, but is not limited to, "griefing,” racist bigotry, sexism or any other forms of "cyber bullying.” If we find you are a Cheater or Abusive, we will revoke your CD key and ban you from the Game and tell your mom! Your license will automatically terminate, without notice, and you will have no right to play the Game or make any other use of the Game. End of story.

7. Intellectual Property Rights.

The Game and all copyrights, trademarks and all other conceivable intellectual property rights related to the Game are owned by Pillow Castle or its licensors, licensees or suppliers and are protected by United States copyrights laws, international treaty provisions, and all applicable laws, such as the Lanham Act. the Game must be treated like any other copyrighted material, as required by 17 U.S.C. #101 et seq. and other applicable law. Please do not make unauthorized copies.  the Game was created through the efforts of many people who earn their livelihood from its lawful use. Please don’t make copies for others who have not paid for the right to use it. To report copyright violations to the Software Publishers Association, call 1 800 388 PIR8 or write: Software Publishers Association, 1101 Connecticut Ave., Suite 901, Washington, D.C. 20036.

8. Disclaimer of Warranty

You are aware and agree that use of the Game and the media on which they are recorded, if any, is at your sole risk. the Game is provided “AS IS.” PILLOW CASTLE EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR ANY OF OUR AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

9.           Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING WILLFUL ACTS OR NEGLIGENCE, SHALL PILLOW CASTLE OR ANY OF ITS OFFICERS, EMPLOYEES, DIRECTORS, AGENTS, LICENSORS, LICENSEES, SUBLICENSEE, SUPPLIERS OR ASSIGNS BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SOFTWARE OR RELATED DOCUMENTATION, EVEN IF SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. THERE WILL BE NO LIABILITY FOR ANY PERSONAL INJURY, EVEN SELF INFLICTED INJURY, OR FOR ANY INTENTIONAL TORT COMMITTED BY YOU OR ANY OTHER PERSON WHO PLAYS OR OBSERVES SOMEONE ELSE PLAYING THE GAME. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. In no event shall our total liability to you for all damages, losses, and causes of action (whether in contract, tort or otherwise) exceed the amount paid by you for the Game.

10.         Controlling Law and Severability 

This license is governed by and construed in accordance with the laws of the State of Washington, USA. Exclusive venue for all litigation shall be in King County, Washington. If any provision of this EULA/TOS is determined to be unenforceable by a court or other tribunal of competent jurisdiction, such provision will be enforced to the maximum extent permissible and the remaining portions of this EULA/TOS will remain in full force and effect.

11.         Complete Agreement

This EULA/TOS constitutes the entire agreement between the parties with respect to the use of the Game and other related materials and software. Pillow Castle reserves the right to modify the terms of this EULA/TOS from time to time and will post notice of material changes by updating the version number and issue date.

11.         Acceptance of Terms 2

By installing Superliminal you agree the terms of this EULA/TOS.  Now get on with the installation, start having some Superliminal fun...we hope you enjoy playing the Game as much as we enjoyed making it for you.

GL & HF!

The Gang at Pillow Castle.