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End-User License Agreement

This End-User License Agreement (“EULA” or “License”) is a legally binding contract between you (the “User”) and us, Hookline Games, Lda. (“Hookline Games”). This agreement governs your use of the computer game software “Out of Sight” (the “Software Product”), which includes the software itself, associated media, materials, documentation, and any updates provided to you.
Please take your time to read this EULA carefully to ensure that you fully understand your rights and limitations regarding the use of the Software Product before downloading or using it.
By downloading, installing, or using the Software Product in any way, you are agreeing to the terms of this License and accepting the rights and obligations it outlines. If you do not agree to the terms of the License, do not download, install, or use the Software Product. During use of the Software Product, you will be prompted to review the EULA and choose to accept or decline the terms by clicking either the “Accept” or “Cancel” button. If you select “Cancel”, we will terminate your access to the Software Product. By selecting “Accept”, you confirm that you have read, understood, and agree to be bound by the terms and conditions of this EULA.
You also represent and warrant that you are an adult, according to the applicable rules of the country of your jurisdiction and accept the terms and conditions of this EULA on behalf of yourself or on behalf of your child or dependent, as applicable. If you have not attained the age of majority, you must secure the required consent from your parents or legal guardians in accordance with applicable laws. Hookline Games reserves the right to ask for written proof of parental consent for any User that is suspected to be under legal age.

1. Intellectual Property Rights
The Software Product is protected under local copyright laws, EU copyright laws and international copyright treaties, and other applicable intellectual property laws. All rights, titles, and interests, including copyright, in and to the Software Product including but not limited to, any titles, computer codes, images, photographs, animations, videos, music, text, character names, plots, stories, dialogues, locations, and concepts incorporated into the Software Product, as well as any trademark rights, patents, designs, database rights, copyright, know-how, and trade secrets are owned by Hookline Games or its licensors.

2. Grant of License
The Software Product is licensed to you, and its use is contingent upon your compliance with the terms and conditions of this EULA. Hookline Games grants you a non-exclusive, non-transferable license to use the Software Product for personal use, linked to your individual user account. The Software Product may only be used by the account holder and may not be shared, transferred, or accessed by any third party. Hookline Games reserves the right to monitor compliance with these terms, including restrictions on unauthorized access. All rights not explicitly granted to you under this EULA are reserved by Hookline Games.

3. Use of the License
As long as you comply with the terms of this License, you may:
i) Install and use the Software Product on a single computer or gaming unit that you own or control and use it solely for your personal, non-commercial purposes, except where the terms and conditions of the platform or gaming unit from which the Software Product was obtained expressly allow otherwise;
ii) Transfer the Software Product from one computer or gaming unit to another as long as it is only used on one computer or gaming unit at a time, and each computer or gaming unit is under your ownership or control during use;
iii) Transfer all your rights under this EULA to another party, provided you do not retain any copies, and you transfer the entire Software Product (including all components, media, printed materials, and any upgrades). The recipient must read and agree to this EULA. Upon transfer, you agree to delete the Software Product from your device, and the license granted to you under this EULA will automatically and immediately terminate.
The following actions regarding the Software Product are strictly prohibited:
i) Removing or obscuring any copyright, trademark, or other proprietary notices on the Software Product or accompanying materials, including modifying, circumventing, or disabling any technical protection measures or digital rights management systems related to the Software Product and its components;
ii) Decompiling, reverse engineering, modifying or disassembling the Software Product;
iii) Copying, renting, leasing, sublicensing, distributing, publicly displaying, or creating derivative works based on the Software Product or otherwise commercially exploiting the Software Product;
iv) Using the Software Product in a manner that is contrary to good morals or violates applicable laws;
v) Electronically transmitting the Software Product from one computer, console, or platform to another, or over a network;
vi) Using any backup or archival copy of the Software Product for any purpose other than to replace the original copy if it is destroyed or becomes defective.

4. Code of Conduct
In addition to the limitations outlined in section 3, you further agree that when using the Software Product, you will:
    a. Refrain from creating, uploading, streaming, or sharing any images, audio, or other content or communications that are racist, offensive to any ethnicity, gender identity, sexual orientation, nationality, or religion, or that disparage anyone based on their mental or physical abilities, appearance, or other personal characteristics, or that contain lewd, graphic sexual content, or abhorrent violent material;
    b. Refrain from forming or supporting hate groups, as well as from engaging in or endorsing hate speech;
    c. Refrain from engaging in, threatening or promoting illegal activities, terrorism, acts of violence, or self-harm;
    d. Refrain from threatening, harming, harassing, trolling, or stalking others, and from encouraging such behaviour;
    e. Refrain from defaming others, or creating, altering, uploading, streaming, or sharing images or audio of another person without their consent;
    f. It is prohibited to use cheats, hacks, unauthorized tools, bugs, glitches, vulnerabilities, or unintended mechanics of the Software Product to gain unauthorized access, compromise the integrity or security of the Software, or cause damage to its operation.. Hookline Games reserves the right to take measures to restrict or prevent uses that, at its sole discretion, are deemed harmful.
    g. Do not attempt to hack, reverse engineer, or modify the Software Product;
    h. Do not upload or share content that could harm Hookline Games, their licensors, partners or players, including any code or viruses that may damage, alter, or interfere with the Software Product;
    i. Refrain from promoting third party entities without Hookline Games consent;
    j. Refrain from engaging in, promoting, or facilitating activities that infringe on third-party rights or breach contractual or fiduciary obligations;
    k. Treat our employees, agents, and representatives with respect; do not be rude, abusive, or threatening.
    l. Comply with all applicable laws and regulations.Any violation of this section may result in moderation action taken against your account, including warnings, restricted access to some features, temporary suspension of your account and permanent ban. Hookline Games further reserves any right to delete any content that does not comply with the above rules.


5. Trial versions
If the Software Product was provided to you for trial use with a limited duration or number of uses, you agree to discontinue use of the Software Product once the trial period expires. You acknowledge that the Software Product may contain code designed to prevent usage beyond the trial limits, and that this code may remain on your computer or gaming unit even after the Software Product is deleted, to prevent reinstallation and repetition of the trial period.

6. Updates and Changes
You acknowledge and agree that Hookline Games may periodically release updates to the Software Product to address software bugs, resolve other issues, rebalance gameplay, or add or remove features within the Software Product. Hookline Games is under no obligation to provide the User with updates, upgrades, or new versions ((collectively referred to as 'Update(s)')) of the Software Product. However, if Hookline Games does make an Update available, the User must possess a valid license for the previous version to use the Update, which shall be provided under the terms of this EULA. The User also acknowledges that Hookline Games reserves the right to discontinue or limit support for older versions, whether gradually or immediately. Consequently, the User agrees to download and install any available Updates to fully benefit from the guarantees offered by Hookline Games.

7. Collection of Information
Hookline Games may require gathering information from you when you use the Software Product. This information could include your platform ID, computer setup, gameplay behaviour and progress and software usage. For more details on how we collect this data, the purposes for which we collect this data and your rights under data protection laws, namely GDPR, please refer to our privacy policy available on our website https://www.playoutofsight.com/privacy-policy

8. Warranty
Without prejudice to your statutory rights, including consumer protection rights, Hookline Games provides the Software Product “as is” and does not guarantee uninterrupted availability, continued support, or that all features will remain accessible indefinitely. Hookline Games reserves the right to modify, suspend, or discontinue the Software Product or any of its features at any time, without liability to you, except as required by applicable law.
To the fullest extent permitted by law, Hookline Games disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Any refund requests are subject to the policies of the platform through which the Software Product was purchased.

9. Limitation of Liability
To the fullest extent permitted by applicable law, Hookline Games will not be liable for any consequential, indirect, incidental, special or punitive damages, including but not limited to loss of profits, loss of business, arising in connection with the use of or inability to use the Software Product or defect in or caused by the Software Product.
The limitations of liability set forth above will not apply in the event of death, moral or physical integrity or personal injury and damages resulting from wilful misconduct or gross negligence.


10. Termination
This EULA takes effect upon your first use of the Software Product and remains in effect until terminated. You may terminate this EULA at any time by uninstalling or deleting the Software Product and all its copies and removing all associated components. Hookline Games reserves the right to terminate this EULA immediately and without notice if you fail to adhere to its terms and conditions, upon termination, you must delete all copies of the Software Product and its components from your device. Provisions of this EULA regarding disclaimers of warranties, limitations of liability and Hookline Games´ proprietary rights will continue to be in effect following termination.

11. Governing Law and Choice of Venue
This EULA is governed by and interpreted in accordance with the laws of Portugal. Without prejudice to the rules of conflict of laws, any dispute concerning the execution, interpretation or termination of this EULA shall be submitted to the exclusive jurisdiction of the Lisbon District Court.

12. Miscellaneous
    a. Updates and amendments – From time to time we may amend the terms of this EULA, namely, to address certain legislative changes. Any amendment to the EULA shall be dully notified to the Users. Your continued use of the Software Product after changes are posted means you agree to be legally bound by the EULA as updated and amended
    b. Severability - If any provision or portion of this EULA is found to be unlawful, void, or for any reason unenforceable, it will be served from and in no way affect the validity or enforceability of the remaining provisions of the EULA.
    c. Entire agreement – This EULA constitutes the entire agreement between Hookline Games and you with respect to the license and use of the Software Product and supersedes all prior or contemporaneous understandings
    d. Contact us – If you have a question regarding this EULA, or want to give us feedback about it, please contact us at contact@thegang.io