Privacy Policy | noddingheadsgames

End User License Agreement (EULA) and Privacy Policy for Raji: An Ancient Epic

Please read this End User License Agreement ("EULA") carefully before downloading, installing, or using Raji: An Ancient Epic ("the Game"), which is fully developed and owned by Nodding Heads Games Private Limited (“Game Developer”).

IF YOU DO NOT AGREE TO ALL THE TERMS OF THIS EULA, ANY ATTEMPT TO OPEN, DOWNLOAD, INSTALL, COPY, OR USE THE GAME SHALL BE UNAUTHORIZED, UNLICENSED AND THEREFORE CONSTITUTE COPYRIGHT INFRINGEMENT.

TO ENTER INTO THIS EULA, YOU MUST BE AN ADULT OF THE LEGAL AGE OF MAJORITY IN YOUR COUNTRY OF RESIDENCE.

YOU ARE LEGALLY AND FINANCIALLY RESPONSIBLE FOR ALL ACTIONS USING OR ACCESSING THE GAME, INCLUDING THE ACTIONS OF ANYONE YOU ALLOW TO ACCESS TO YOUR LICENSE OF THE GAME. YOU AFFIRM THAT YOU HAVE REACHED THE LEGAL AGE OF MAJORITY, UNDERSTAND AND ACCEPT THIS EULA (INCLUDING ITS DISPUTE RESOLUTION TERMS). IF YOU ARE UNDER THE LEGAL AGE OF MAJORITY, YOU AFFIRM THAT THE CONSENT AND ACCEPTANCE PROVIDED TO THIS EULA IS BY YOUR PARENT OR LEGAL GUARDIAN.

By downloading, installing, or using the Game, you agree to be bound by the terms and conditions of this EULA, and limit your usage of the Game to this EULA between you and the Game Developer. For the avoidance of doubt, it is clarified that any reference to the Game shall include a reference to any updates, patches, fixes, upgrades, or add-ons, special functions, features, enhancements, enhanced versions, as may be made available for the Game, from time to time, and also includes all the files, documentations, packaging, manuals, videos, screenshots or any material made available or accessed by you, or whether generated or developed by you through any means or mechanisms.

1. LICENSE GRANT

1 Subject to the terms of this EULA, Game Developer grants you a non-exclusive, non-transferable, revocable license to use the Game for personal, non-commercial purposes on multiple platforms where the Game is made available, for you to play the Game, whether by downloading, streaming, subscribing, purchasing, or using by any other legal means permitted and facilitated by the respective platform hosting the Game in a legal manner.

2 This license allows you to play the Game on respective devices associated with any platform making the Game available to you, provided that you shall play the game strictly in accordance within the terms of usage permitted by the respective platform on which you play the Game as well as the respective platform from which you access/download/stream the Game, which terms of usage shall always be in addition to and complementary to the terms and conditions contained herein.

3 Your license commences on the date you complete purchase of a license to the Game and ends either on the date of your disposal of the Game, or termination of this EULA in accordance with the terms specified herein.

4 For the avoidance of doubt, any purchase by you constitutes purchase of a license to use/play the Game in accordance with the terms and conditions specified herein the EULA and does not constitute any type of ‘sale’ of the Game, or a copy of the Game, or create any right, title, or interest in you with respect to the Game or any parts thereof.

2. LICENSE RESTRICTIONS

This license does not permit you to, and you may not:

2.1 Copy the Game except for backup or archival purposes for non-commercial personal use only on the devices personally owned by you;

2.2 Distribute, upload, share, communicate the Game in any manner, through any mode, in any format that may constitute copyright infringement, except for any fair use categories specified as exceptions under the copyright legal regime applicable in the jurisdiction of the country of your residence;

2.3 Use the same licensed copy of the Game on more than one device simultaneously at any given point of time;

2.4 Cracking, burning, or resorting to any subversive technological interventions that permit you to play the Game without obtaining a prior license from the Game Developer or under a licensed arrangement with respective platforms making the Game available pursuant to authorization from the Game Developer;

2.5 Modify, adapt, translate, reverse engineer, decompile, or disassemble the Game;

2.6 Create derivative works based on the Game;

2.7 Rent, lease, lend, sell, sublicense, distribute, or otherwise transfer the Game or any copies thereof;

2.8 Permit the usage of the Game to any other third parties in exchange of any usage fees by way of hourly charges, or any type of regular payments, subscription charges irrespective of whether such charges are levied in lieu of Game usage in a residential or a commercial space. You are advised to reach out to contact@noddingheadsgames.com if in case you want to discuss any commercial arrangements for permitting usage of the Game within a commercial context as discussed herein this para, which may be approved at the Game Developer’s discretion;

2.9 Remove, alter, or obscure any copyright, trademark, or other proprietary rights notices included in the Game;

2.10 Use the Game for any commercial purpose without the prior written consent of Game Developer;

2.11 Use or permit the usage of the Game in accordance with the EULA, but for an illegal or immoral purpose including for any wagering or betting arrangements;

2.12 restrict or inhibit any other user from using and enjoying any online features of the Game;

2.13 cheat (including but not limited to utilizing exploits or glitches) or utilize any unauthorized robot, spider, or other program in connection with any online features of the Game;

2.14 Use the Game on any other account/device other than a single-user account allocated by respective platforms, or on other devices on which the licensed copy was not purchased from or downloaded into;

3. OWNERSHIP

3.1 The Game, including all intellectual property rights therein, is owned by Game Developer and its licensors. The Game is protected by Indian Copyright law, and other intellectual property laws and treaties.

3.2 You acknowledge that all rights, title, and interest in and to the Game, including any updates, enhancements, or modifications thereto, shall at all times remain the property of Game Developer and its licensors.

3.3 If you are playing the Game using any physical format, then you may transfer the entire physical copy of the Game, and accompanying documentation on a permanent basis to another person as long as you retain no copies (including archival or backup copies) of the Game, accompanying documentation, or any portion or component of the Game or accompanying documentation, and the recipient agrees to the terms of this EULA. Any special features, functions, add-ons, upgrades, or enhancements, or any update to the Game, which you purchased or received only in a digital format will be excluded from the scope of said transfer of license upon transfer of a physical copy, and no license transfer shall be deemed in respect of such digital content.

3.4 The Game may allow you to create content, including, but not limited to, a gameplay map, scenario, screenshot, character design, new characters, items, or video of your game play. Subject to para 2.6 hereinabove, to the extent that your contributions through use of the Game give rise to any copyright interest, you hereby grant Game Developer an exclusive, perpetual, irrevocable, fully transferable, and sub-licensable worldwide right and license to use your contributions in any way and for any purpose in connection with the Game and related goods and services, including, but not limited to, the rights to reproduce, copy, adapt, modify, perform, display, publish, broadcast, transmit, or otherwise communicate to the public by any means whether now known or unknown and distribute your contributions without any further notice or compensation to you of any kind for the whole duration of protection granted to intellectual property rights by applicable laws and international conventions. You hereby waive and agree never to assert any moral rights of paternity, publication, reputation, or attribution with respect to Game Developer's and other players' use and enjoyment of such assets in connection with the Game and related goods and services under applicable law. This license grant to Game Developer, and terms above regarding any applicable moral rights, will survive any termination of this EULA.

4. UPDATES

4.1 Game Developer may, from time to time, provide updates or patches to the Game. These updates may be necessary to continue to use the Game or may enhance, add, or remove features of the Game.

4.2 You agree to promptly install all updates or patches provided by Game Developer. Failure to do so may result in the inability to access or use certain features of the Game or enhance vulnerabilities for You to be susceptible to any cyber-attacks.

5. TERMINATION

5.1 This EULA is effective until terminated. This EULA may be terminated by the Game Developer pursuant to any violation by you of any of the terms and conditions specified herein this EULA or incorporated by reference.

5.2 Upon termination, your rights under this EULA will terminate automatically without notice if you fail to comply with any of its terms and conditions.

5.3 Upon termination of this EULA, you must cease all use of the Game and destroy all copies of the Game in your possession or control.

6. DISCLAIMER OF WARRANTY

6.1 EXCEPT TO THE EXTENT AS SPECIFIED EXPRESSLY IN THE EULA, THE GAME IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. ANY WARRANTIES ASSOCIATED WITH A PHYSICAL FORMAT OF THE GAME MAY BE AVAILABLE TO YOU UNDER THE RESPECTIVE MANUFACTURER’S WARRANTY WHO UNDERTAKES THE MANUFACTURING, OR DISTRIBUTION, OR BOTH FOR SUCH PHYSICAL COPIES, BUT IN ANY CASE, THEY DO NOT FLOW FROM THE GAME DEVELOPER.

6.2 GAME DEVELOPER DOES NOT WARRANT THAT THE GAME WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE GAME WILL BE UNINTERRUPTED OR ERROR-FREE.

7 LIMITATION OF LIABILITY

7.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GAME DEVELOPER BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE GAME, EVEN IF GAME DEVELOPER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7.2 IN NO EVENT SHALL GAME DEVELOPER’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO ACCESS AND PLAY THE GAME.

8. TECHNICAL PROTECTIONS

The Game may include measures to control access to the Game, control access to certain features or content, prevent unauthorized copies, or otherwise attempt to prevent anyone from exceeding the limited rights and licenses granted under this EULA. Such measures may include incorporating license management, product activation, and other security technology in the Game and monitoring usage, including, but not limited to, time, date, access, or other controls, counters, serial numbers, and/or other security devices designed to prevent the unauthorized access, use, and copying of the Game, or any portions or components thereof, including any violations of this EULA. Licensor reserves the right to monitor use of the Game at any time. You may not interfere with such access control measures or attempt to disable or circumvent such security features, and if you do, the Game may not function properly. Additional terms and registration may be required to access online services and to download Game updates and patches. Only a copy of the Game purchased subject to a valid license such as this EULA, can be used to access online services, including downloading updates and patches. Game Developer may limit, suspend, or terminate the license granted hereunder and access to the Game, including, but not limited to, any related services and products, on thirty (30) days’ notice, or immediately for any reason beyond the Game Developer’s reasonable control or if you breach any term of this EULA, or any other terms of service of the Game Developer or the respective platform through which You access the Game.

9. GOVERNING LAW

9.1 This EULA shall be governed by and construed in accordance with the laws of India, without regard to its conflict of laws principles.

9.2 Any dispute arising out of or in connection with this EULA shall be subject to the exclusive jurisdiction of the competent courts of Pune.

10. ENTIRE AGREEMENT

10.1 This EULA constitutes the entire agreement between you and Game Developer regarding the Game and supersedes all prior and contemporaneous agreements and understandings, whether written or oral, relating to the subject matter hereof.

10.2 By downloading, installing, or using the Game, you acknowledge that you have read, understood, and agree to be bound by the terms and conditions of this EULA. If you do not agree to these terms and conditions, you must not download, install, or use the Game.

10.3 Nothing shall constitute as a waiver of any of the terms and conditions contained herein except when given expressly in writing by the Game Developer.

10.4 By installing and using the Game, you consent to the information collection and usage terms set forth in this section and Game Developer's privacy policy, including (where applicable) (i) the transfer of any personal information and other information to Game Developer, its affiliates, vendors, and business partners, and to certain other third parties, such as governmental authorities, in India, and other countries located outside Europe or your home country, including countries that may have lower standards of privacy protection; (ii) the public display of your data, such as identification of your user-created content or displaying your scores, ranking, achievements, and other gameplay data on websites and other platforms; (iii) the sharing of your gameplay data with hardware manufacturers, platform hosts, and Game Developer's marketing partners; and (iv) other uses and disclosures of your personal information or other information as specified in the above-referenced Privacy Policy, as amended from time to time. If you do not want your information used or shared in this manner, then you should not use the Game. The privacy policy is also made part of this EULA, and attached herewith as Annexure – A. In any case, this privacy policy attached herewith shall be subject at all times to the privacy policy as may be published and available on https://noddingheadsgames.com/.

Annexure ‘A’

Nodding Heads Games Private Limited (“NHG”) respects the data protection rights of Users and complies with applicable data protection laws and regulations. You are viewing this privacy policy because you may have downloaded, purchased, subscribed, or accessed in any other legal manner, a copy of one or more games developed and produced by , By way of this privacy policy, we inform players who will interact with our games (“Users”), of the nature, scope, and purposes of the personal data we collect, use, and process, as well as of the rights to which Users are entitled.

Please read our privacy policy carefully to get a clear understanding of the way we handle your personal data on our website.

1. GENERAL PROVISIONS

The primary purposes and lawful basis for processing your personal data is to take steps at your request prior to entering into End User License Agreement (“EULA”), and to perform obligations under said EULA effective between you and NHG, being owner of the games that you access, and play, in connection with your membership of the respective platform from which you have accessed a game developed by NHG(any such respective platform shall hereinafter be referred to as “Platform”). For example, we process any data that you may submit to Platform, and which Platform further provides and shares with us.

In this Privacy Policy, we use the definitions of the terms contained in the General Data Protection Regulation (GDPR). In the event that you feel uncertain about the exact meaning of some of the terms or provisions envisaged in this Privacy Policy, you may contact us by email (see Section 9).

2. INFORMATION WE MAY COLLECT

Note that the provision of data in a volume allowing us to uniquely and unambiguously identify you is not a requirement for playing the game. However, we may receive, and process certain personal information when you fill in the forms available on Platform, which is further provided and shared with us. The scope and nature of this information is described below.

When you fill in the forms (e.g., subscription form), we may collect and process the following data:

• email address

• IP address

• name

• country and location

• preferred language

• other information that you share with Platform, which is then provided and shared with us by Platform.

When you obtain any subscription directly to any of our newsletters, announcements, reports by providing your email ID, then we may collect and process the following data:

email address name.

When you contact us by email, we may collect and process information and data you provide over the course of communication along with recording a history of receipt and resolution.

We do not collect, store, or process any specific categories of personal data, such as data regarding your racial or ethnic origin, political views, religion, philosophical beliefs, trade unions membership, genetic data, biometric data, or data pertaining to your health, sex life, or sexual orientation.

3. COOKIES

Cookies refer to electronic information that may be stored on a user's device and enables the website to remember the user’s actions and preferences over a period of time.

Our website, viz., www.noddingheadsgames.com, employs cookies in order to identify the user’s hardware and software (including their browser), customize their preferences, and keep a record of their actions on the website. We use the following categories of cookies:

• Performance cookies, which allow us to count visits and traffic sources so we can measure and improve the performance of our site. These cookies do not store any personally identifiable information.

• Analytical cookies of third parties, which may also include web beacons and pixel tags. We may use third party website analytics tools (i.e., Google Analytics and Facebook pixel) that employ cookies of third parties to collect certain information, e.g. website address links, page views and browser types.

Providers of the website analytics tools may have access to cookies. Please follow the links below for details of the privacy policies and opt out choices offered by third parties providing website analytics tools:

• Facebook: https://www.facebook.com/policy.php

• Google: https://policies.google.com/privacy

• Cookies lifetime depends on the type of cookies and varies from 1 day up to 2 years. However, you may delete all the cookies at any time.

Enabling cookies is not strictly required to use the primary functions of the website, but it will provide you with a better browsing experience. You may monitor, delete, or disable cookies by changing your browser settings at any time. However, disabling cookies may impair some aspects of the website’s functionality.

4. HOW WE USE INFORMATION

We may use the information that we collect from you in order to take steps at your request prior to performing obligations under the EULA effective between you and NHG. This basis and compliance with applicable laws constitute a due and valid legal basis for the processing of your personal data for the following purposes:

• to handle your requests, including any customer grievances;

• to analyze game usage patterns using anonymized date without carrying any personal information;

We do not sell, trade, or share your personal data with third parties. We may reach out to you for any service oriented updates or patches for fixing any issues with the game, so that you are able to maintain elevated levels of your gaming experience without suffering any bottlenecks. However, any information available with NHG would be available via Platform, and therefore, any such information is also subject to Platform’s privacy policy.

We may also be compelled to provide information where we are under the obligation of a mandatory disclosure under the law. We will ensure that any such information sharing must be pursuant to a request by appropriate governmental bodies and law enforcement agencies, only to the extent we are required to share and process such information pursuant to applicable law or court orders.

For the purposes stated above, we may transfer information and data to the countries outside of India or may have to respond to requests from governmental bodies and law enforcement agencies from jurisdictions other than Indian jurisdiction. In each case, we ensure that the level of protection guaranteed by applicable law is not undermined and statutory conditions of transfer laid down in applicable law are complied with.

5. ACCESS, CORRECTION, AND PROFILE UPDATING

You have the right to obtain a confirmation from us as to whether or not your personal data is being processed. In the event that we process your personal data, you may access such data, as well as the following information:

• the purposes of said processing

• the categories of personal data concerned

• the recipients or categories of recipients to whom your personal data have been or will be disclosed, in particular recipients in other countries or international organizations

• the envisaged period for which the personal data will be stored, or the criteria used to determine this period

• the existence of the right to request the rectification or erasure of your personal data or the restriction of the processing of your personal data from us or to object to such processing

• the right to lodge a complaint with a supervisory authority

• in the event that the personal data was not collected from you, any available information as to its source

• the existence of automated decision-making, including profiling, meaningful information about the logic involved, and the significance and the envisaged consequences of such processing for you

You have the right to correct, rectify, and update inaccurate or incomplete personal data. However, in some cases, in order to prevent unauthorized access to your account, we may request confirmation of the accuracy of the updated data.

6. RETENTION AND DELETION

We store and process your data until you retain a copy of the game and play it using Platform. You reserve the right to request removal of your data at any time, even while you retain such copy.

We may retain the data collected before the receipt of the request for data removal for an additional period in order to be able to respond to the enquiries by any governmental bodies, pursuant to applicable laws, or to enforce remedies available to us under applicable law and comply with tax-related and bookkeeping obligations.

7. PRIVACY OF MINORS

We do not specifically market our websites, games, or services to persons under the age of 18. We do not and will not knowingly collect or process personal data from any person under the age of 18 without the consent of a parent or guardian. Parents or guardians who are concerned about the transfer of personal data from their children may contact us by email or via the support service (see Section 9).

8. AMENDMENTS TO THE POLICY

We reserve the right to introduce amendments to this Policy at any time at our own discretion for various reasons, including, without limitation, to reflect changes in applicable law and implement amendments to our website, games, and services. The latest version of this Privacy Policy will always be available on the website.

In the event that significant amendments are made that may limit your rights or impose additional obligations under this Privacy Policy, we will send you prior notice via email (if you provided us with your email address) and publish a new version of this Privacy Policy on the website at least ten days before its effective date.

9. Contact Information

In this Privacy Policy, "we" refers to

NODDING HEADS GAMES PRIVATE LIMITED,

15A, 4th floor, Suite no. 698,

City Vista, Fountain Road, Kharadi, Pune

Maharashtra, India 411 014 – Email: contact@noddingheadsgames.com

In the event that you have any questions regarding this Privacy Policy, you may contact us by e-mail. In addition, you reserve the right to lodge a complaint to a supervisory authority.

Date: 07th March, 2024.