Dovetail End User Licence Agreement

Last Modified: 21st February 2022

  1. INTRODUCTION

PLEASE READ CAREFULLY BEFORE INSTALLING THE SOFTWARE

    1. This End User Licence Agreement (the "EULA"), together with our Terms and Conditions, Privacy Policy, Cookies Policy and Acceptable Use Policy, governs your use of the Software and the Online Service (as defined below in paragraph 3). 
    2. By clicking on the “YES” or “INSTALL” button, or by accessing, downloading or installing the Software or otherwise using the Software in any way, you agree to the terms of this EULA (and all terms incorporated by reference) and acknowledge that such terms are legally binding on you.
    3. If you do not agree to the terms of this licence, please click the “NO” or “EXIT” button and/or do not use the Software in any way. In such circumstances we will not licence the Software to you and you will not be permitted to install, download, access, copy or use the Software in any way whatsoever.
    4. You confirm that you are aged 18 years old or over and have read and accept the terms of this EULA, or if you are aged between 16 and 18, your parent or legal guardian has read and accepted the terms of this EULA on your behalf. A summary of this EULA, specifically written for young people, is available here.  Please note, the summary is intended as an aid to your understanding of the terms of this EULA and is not intended to affect the legal meaning of any part of this EULA.  We may immediately terminate this EULA and stop your access to the Software if we are not satisfied that acceptance by your parent or legal guardian has been given. You and your parent(s) or legal guardian(s) must review the terms of this EULA together. Parents and legal guardians are responsible for the acts of children under 18 years of age when using the Software. 
    5. If you have any questions about the terms of this EULA, please contact us via the customer support section of our website at support.dovetailgames.com or via email at support@dovetailgames.com .
  2. INFORMATION ABOUT US
    1. We are RailSimulator.com Limited (trading as Dovetail Games), a company registered in England and Wales under company number 6751125, and whose registered office is 3rd Floor, Fitted Rigging House, Anchor Wharf, The Historic Dockyard, Chatham ME4 4TZ. In these Terms, we will refer to ourselves as "we", "us", "our " or "Dovetail".
  3. DEFINITIONS
    1. "Account" means the user account created by you in order to access the Online Services or certain features of the Software in accordance with paragraph 11.1.
    2. "Intellectual Property Rights" means copyright and related rights, patents, rights to inventions, trademarks, trade names and domain names, rights in get-up, rights in goodwill or to sue for passing off, rights in designs, rights in computer software, database rights, and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which may now or in the future subsist in any part of the world.
    3. "Online Service" means the online features and functionality accessible through or linked to the Software, as further described in clause 5.1.
    4. "Software" means any of the Dovetail Games series of simulations featured on our website or otherwise made available by us, including all expansion packs, add-ons, and all other downloadable content, and, where applicable, includes the relevant Online Service.
    5. "User Content" means all information of any kind (including remarks, suggestions, ideas, graphics, text, images, video, information and messages) communicated, posted, uploaded, or sent by users on or in connection with the Software (including any user content created within our games e.g. screenshots that are uploaded or shared within a game, liveries or scenarios created by you in the game and/or shared with other users). Our Software may include social elements which allows users to come into contact with and chat to other users. Messages exchanged between users, including those made on our public forums, are included within this definition of User Content.
  4. GRANT AND SCOPE OF LICENCE
    1. Subject to you complying with this EULA, we grant you a limited, revocable, royalty-free, non-exclusive, non-transferable, non-sub-licensable licence to use the Software, solely for your personal and non-commercial use. For the avoidance of doubt, the licence granted to you does not permit you to access the Software in order to understand, analyse, decompile, reflect, alter, adapt, vary, reverse engineer, copy, reproduce, or transmit such authorised Software or do anything similar or equivalent and any attempt to do so constitutes a material breach of this EULA.
    2. We only license use of the Software to you on the basis of this EULA. We are not selling the Software to you and we remain the owners of the Software at all times.
  5. ONLINE SERVICE
    1. We may, but shall not be obliged to, provide and maintain certain online functionality, online network play connectivity and interactivity, and other online features relating to the Software (the “Online Service") subject to the terms and conditions of this EULA.
    2. The Online Service is for personal use only, on an "as is" basis and all use must be in accordance with the terms of this EULA and the Terms and Conditions.
    3. Where indicated to you before you purchase the Software, we will use reasonable efforts to make the Online Service available for 6 months from the date on which you purchase the Software. We warrant only that, when within our control, the Online Service, when made available by us, will be provided with reasonable care and skill.
  6. RESTRICTIONS
    1. Except as expressly set out in this EULA you undertake that you will not (and will not permit or encourage or procure others directly or indirectly to):
      1. use the Software for any purpose other than personal entertainment, including by way of example, any commercial purposes (for example, you may not use the Software for training, route planning, infrastructure design, advertising or promotion);
      2. use the Software for any illegal purpose;
      3. in whole or in part, copy, reproduce, disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Software, except where such copying is incidental to normal use of the Software or to the extent that such actions cannot be prohibited by law;
      4. rent, sell, lease, sub-licence, loan, publish, display, distribute or otherwise transfer to a third party the Software, or any copy thereof, in whole or in part;
      5. reflect, translate, alter, modify, merge, adapt, vary or make alterations to, or modifications of, 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;
      6. combine, associate, wrap-around, integrate, or align, any third-party software, components or add-on features with the Software or any part of it, in any manner whatsoever;
      7. exploit or otherwise make available the Software or any of its parts for any purpose including any commercial purpose; or
      8. bypass or seek to bypass any security or technical measures (including de-obfuscating any code) relating to the Software, including by the adoption of techniques and technologies now known or hereafter developed.
    2. Any use of the Software not expressly authorised by the terms of this EULA is expressly prohibited. Any use of the Software in violation of the EULA and restrictions will be regarded both as a breach of the terms of this EULA and/or as an infringement of our Intellectual Property Rights in and to the Software (as detailed below in paragraph 10).
  7. COMMUNICATIONS AND USER CONTENT
    1. The Software may allow you and other users of the Software to:
      1. send communications to us or third parties;
      2. Create, contribute or share content for use in the Software. 

Any such creations, contributions or communications made or sent by you using this functionality will be treated as User Content in accordance with the Terms and Conditions and the Acceptable Use Policy.  The content must not include any offensive, sexually explicit or violent materials nor can it include any Brands or Logos which you do not have permission to use.

    1. To the extent that User Content is included within the Software, you agree that the User Content is part of an information and entertainment service and ancillary to this we are only involved in the transmission, storage, retrieval, hosting, formatting or translation of third party communications without selection or alteration of the content of the communication, for which the Software is a mere conduit.
    2. By installing and using the Software you agree that we have no responsibility to review the User Content and that all User Content is made available on the basis that we are not required to and do not exercise any control or judgement in respect of such content. For the avoidance of doubt the views expressed in any User Content are the views of the individual authors.
    3. You hereby agree on demand to indemnify and hold harmless us and our officers, directors, employees and agents from and against any and all damages, claims, suits, actions, judgments and costs and expenses whatsoever, including reasonable legal fees and costs, arising out of (without limitation): (i) your use of the Software; and (ii) your creation or distribution of any User Content (including any third party claims of infringement of Intellectual Property Rights regarding such User Content); and (iii) any breach by you of the terms of this EULA.
  2. TECHNICAL REQUIREMENTS
    1. The minimum and recommended specifications for running the Software are available on the applicable store webpage where you purchase our Software to download.  By using the Software you agree that you have the necessary hardware, software and capability required for its use. We accept no responsibility or liability for any failure of your system to meet the technical requirements of the Software as amended or updated from time to time.
    2. Hardware and software vendors may from time to time update their firmware or software, and we will endeavour, but not be obligated, to update the Software if necessary to ensure that its functionality and performance continue with any updated release.
  3. UPDATES
    1. From time to time, we may need to deploy or provide patches, updates, additional content or other modifications to the Software (for example to enhance the Software, to add new features or to resolve software bugs). You hereby grant us your consent for us to deploy and apply such patches, updates or other modifications to the Software automatically.
    2. From time to time, we may also at our absolute discretion remove or suspend access to particular features, content or other parts of the Software.
  4. INTELLECTUAL PROPERTY RIGHTS
    1. You acknowledge, accept and agree that all title, ownership rights and Intellectual Property Rights in and to the Software and all copies thereof anywhere in the world belong to us and/or our third-party licensors.  To the extent that any User Content is derived from the Software or material provided by us you hereby assign to us all Intellectual Property Rights subsisting in your User Content which are owned by you.
    2. You acknowledge that rights in the Software are licensed (not sold) to you, and that you have no rights in, or to, the Software other than the right to use them in accordance with the terms of this EULA.
    3. You acknowledge that you have no right in or have access to the Software in source code format.
    4. In no event will the Software be deemed to be "open-source" or "publicly available" software.
  5. ACCOUNTS
    1. In order to access and use the Software, you may be required to register and open an account (your "Account") and provide certain personal information such as, for example, your name and email address. The rules relating to your creation and use of the Account are set out in the Terms and Conditions. Our Privacy Policy explains how the information about you may be collected and used.
  6. THIRD PARTY SERVICES
    1. From time to time the Software may integrate with other third-party services or platforms.
    2. These third-party services or platforms may require you to agree to the terms and conditions of such third-party supplier and set up a separate account or register with the third-party supplier in order to receive the third-party services or platform(s). The terms on which those third-party services or platforms engage with you and share information or data with the Software or us, are specific to each third-party provider. You should make yourself aware of the terms and conditions of the third-party provider before agreeing to receive such third-party services or platforms.
  7. DISCLAIMER OF WARRANTIES
    1. To the fullest extent permissible under applicable law, the Software is provided "as is", without warranty, performance assurances or guarantees of any kind, either express or implied, including without limitation any implied warranties of condition, quality, satisfaction, uninterrupted use, merchantability, fitness for a particular purpose, or non-infringement. Your use is at your sole risk. We do not warrant that the Software will be error-free, or that the Software will interoperate or be compatible with any other software or that any errors in the Software will be corrected.
    2. To the maximum extent permitted by applicable law, we do not represent or warrant that access to the Software will be uninterrupted or that there will be no failures, errors or omissions or loss of transmitted information, or that no viruses will be transmitted as part of the Software or through the use of the Software. We do not guarantee that you will be able to access or use the Software at times or locations of your choosing, or that we will have adequate capacity for the Software as a whole or in any specific geographic area.
    3. You acknowledge and agree that the Software has not been developed to meet your individual requirements and that it is your responsibility to ensure that the Software meets your requirements and complies with any applicable local laws.
  8. LIMITATION OF LIABILITY
    1. To the maximum extent permitted by law and unless stated otherwise in this EULA, we exclude liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect, punitive or consequential loss whether or not arising out of any problem you notify to us, and we shall have no liability to pay any money by way of compensation, including without limitation, all liability in relation to:
      1. any incorrect or inaccurate information within the Software and all interruptions to or delays in updating the Software;
      2. any loss of data, computer failure or malfunction;
      3. any loss or damage to digital assets in the game, or any Account data or statistics;
      4. any third party infringement of Intellectual Property Rights;
      5. viruses or other malicious software that may infect a user's computer equipment, software, data or other property caused by persons accessing, using or downloading the Software or from transmissions via emails or attachments received from us or our licensees; and
      6. any harm or loss you suffer as a result of any interactions by you with third party software, content (including third party User Content) or web sites (whether or not at our suggestion).
    2. To the maximum extent permissible by law our total liability, whether arising in contract, tort, strict liability or otherwise and including liability for losses, costs, expenses or damages shall not exceed (in the aggregate) an amount equivalent to the fees paid by you for access to the Software, actually paid by you to us during the twelve (12) months prior to the date of the cause of action first arising.
    3. Nothing in this Licence shall limit or exclude our liability for: (a) death or personal injury resulting from our negligence; (b) fraud or fraudulent misrepresentation; or (c) any other liability that cannot be excluded or limited by English law.
  9. TERMINATION
    1. We may terminate this EULA and any user Account immediately if you commit a breach of this EULA, including but not limited to the breaches described in paragraphs 1.4, 4.1 and 6.2 above.
    2. Upon termination for any reason: (a) all rights granted to you under this EULA shall immediately cease; (b) you must immediately cease all activities authorised by this EULA; (c) you must immediately delete or remove the Software from all computer equipment in your possession, and (d) your access to and use of the Software under this EULA will immediately cease and be terminated.
  10. FORCE MAJEURE
    1. Force majeure means any cause or event beyond the reasonable control of the affected party including without limitation war, civil war, armed conflict or terrorist attack, nuclear, chemical or biological contamination, pandemic, strikes, civil action, unavailability of the internet, unscheduled hosting and maintenance to systems, power and data losses and acts of God. We shall not be obliged to perform our obligations under this EULA to the extent that we are prevented from doing so by reason of an event of force majeure. Performance of this EULA may cease during the continuation of the force majeure event and for such time after that event ceases as is necessary for us to start satisfying our obligations again. For so long as such force majeure event is continuing, our corresponding obligations under this EULA shall be suspended to the same extent.
  11. GENERAL
    1. You understand and agree that we may add to or change the terms of this EULA at any time. We may change the terms of this EULA to reflect: (a) changes in applicable laws; (b) regulatory or security requirements; (c) relevant guidance or codes of practice; (d) technical alterations; (e) to improve clarity and consistency; (f) to reflect changes to our users’ needs and our business priorities, or (g) for any other reason.
    2. Any change to the terms of this EULA shall be effective immediately and your continued use of the Software in any way shall constitute on-going acceptance of the updated terms of this EULA, as updated or varied from time to time. We therefore recommend that you check the terms and conditions of this EULA regularly.
    3. Each of the warranties and conditions (or rights and obligations) of this EULA operates separately.
    4. If any provision, or part provision, of this EULA, including each of the warranties and conditions (or rights and obligations) is found to be illegal, invalid or unenforceable by any court or competent authority, the legality, validity and enforceability of the remaining provisions, including the warranties and conditions of this EULA will not be affected.
    5. We may transfer our rights and obligations under this EULA to another organisation, but this will not affect your rights or our obligations under this EULA. You may not transfer or assign your rights and obligations under this EULA to a third party.
    6. If we fail to insist that you perform any of your obligations under this EULA, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations.
    7. This EULA, its subject matter and its formation, are governed by the laws of England and Wales. You and we both agree that the courts of England will have exclusive jurisdiction in relation to any dispute connected with this EULA or the Software.
    8. This EULA constitutes and contains the entire agreement between the parties with respect to the subject matter hereof, provided, however, that this EULA shall co-exist with, and shall not supersede, the Terms and Conditions, the Privacy Policy, Cookies Policy, and Acceptable Use Policy.
    9. This EULA is drafted in the English language and may be translated into other languages. The English language version of this Licence shall prevail if there is a conflict, inconsistency, or clarification required with other language versions.