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H-HOUR: WORLD’S ELITE END USER LICENSE AGREEMENT
PLEASE READ THE FOLLOWING END USER LICENSE AGREEMENT (THE “AGREEMENT”) CAREFULLY BEFORE INSTALLING H-HOUR: WORLD’S ELITE™ (THE “GAME”). BY CLICKING “I ACCEPT”, DOWNLOADING, INSTALLING, COPYING, OR OTHERWISE USING THE GAME, YOU (“YOU”) AGREE TO BE BOUND BY THIS AGREEMENT AND THE TERMS AND CONDITIONS BELOW. ADDITIONALLY, YOU ALSO AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH IN THE STEAM™ SUBSCRIBER AGREEMENT AND/OR ANY OTHER TERMS SET FORTH BY VALVE CORPORATION IN RELATION TO THE STEAM SERVICE.
IF YOU DO NOT AGREE TO THE TERMS SET FORTH IN THIS AGREEMENT, YOU MAY NOT DOWNLOAD, INSTALL, COPY OR OTHERWISE USE THE GAME and You shall not be granted a License (as defined below) for the Game. You should print off and retain a copy of this Agreement in case You need to refer to it.
GRANT OF LIMITED USE LICENSE
The term “Game” means the “H-Hour: World’s EliteTM” video game and all associated software associated media, software associated with the online mode of the video game (subject to any additional terms of use applicable to such online mode), printed materials, manuals, online or electronic documentation, and copies of such software and materials. SOF Studios Ltd. or its suppliers and licensors (collectively, “Licensor”) grants You a non-exclusive, non-transferable, revocable, limited right and license to access the Game, solely for Your personal use, via an on-demand online service and/or install the Game on the local hard disk(s) or other permanent storage media of one (1) computer and use the Game on a single account at a time (the “License”). To the extent applicable, You may physically transfer the Game between computers provided that it is used on only one computer at any given time. Licensor hereby reserves all rights not specifically granted under this License. This License does not give You any title or ownership in the Game, and should not be construed as a sale or transfer of any intellectual property or other rights to the Game.
LICENSE CONDITIONS AND RESTRICTIONS
You agree to only use the Game, or any part of it, in a manner that is consistent with this License and SHALL NOT:
(a) exploit the Game or any of its part for any commercial purpose, including without limitation (i) use at a cyber café, computer gaming center or any other location-based site; (ii) for gathering in-game currency, items or resources for sale outside the Game; or (iii) performing in-game services in exchange for payment outside the Game, e.g., power-leveling;
(b) use the Game or permit the use of the Game, on more than one computer, game console, handheld or mobile device at the same time without a separate, additional license from Licensor;
(c) use the Game, or permit use of the Game, in a network, multi-user arrangement or remote access arrangement, including any online use, except as otherwise explicitly permitted by Licensor in writing;
(d) copy or reproduce, auction, loan, lease, sublicense, gift or transfer the Game or any part thereof, except that You shall have the right to make one (1) copy of the Game for backup or archival purposes, or make copies of the materials accompanying the Game for non-commercial backup and reference only;
(e) sell, rent, lease, license, distribute, upload to any Internet server or web site, electronically transfer through a LAN (local area network) or file sharing network, or otherwise transfer any portion of this Game or any copies without the express prior written consent of Licensor.
(f) reverse engineer, derive source code, modify, decompile, disassemble, translate, or create derivative works of or based on the Game, in whole or in part. In the event that such activities are permitted by applicable law, (i) any information You, or Your authorized agent, discover shall be promptly disclosed to Licensor and shall be deemed Licensor’s confidential information; and (ii) any lawful modifications, adaptations, improvements, and all copyrights and moral rights therein, shall be deemed assigned to, and shall belong to, vest in and be the exclusive property of Licensor and/or its licensors on creation, in any event;
(g) remove, disable or circumvent any security protections or any technical measures that control access to the Game;
(h) remove, modify, deface or circumvent any proprietary notices or labels contained on or within the Game;
(i) export or re-export the Game or any copy or adaptation in violation of any applicable laws or regulations; or
(j) create data or executable programs that mimic data or functionality in the Game;
(k) use any obscene, pornographic, provocative or racist language or material on the forums and chats relating to the Game; and
(l) use or otherwise infringe upon the trademarks “H-HOUR” and/or “ H-HOUR: WORLD’S ELITE” on any signs, badges, clothing or other apparel, websites, or other media in any manner that, in the opinion of Licensor, is likely to cause confusion with Licensor’s proprietary trademark rights.
Any violation of these limitations shall be a material breach of this Agreement and Licensor shall have the right to terminate this Agreement pursuant to the section herein titled Termination.
You also agree that You shall abide by the safety information, maintenance instructions or other relevant notices contained in the manual included with the Game.
GAME UPDATES, PATCHES AND MODIFICATIONS
Licensor may provide or deploy updates, patches and other modifications to the Game that must be installed for the user to continue to play the Game properly or at all. Licensor may update, patch or modify the Game remotely and access the Game residing on Your computer or other device, without advance or other notice to You, and You hereby grant to Licensor Your consent to deploy and apply such patches, updates and modifications to the Game by push, pull, or any other technology now known or hereinafter developed. All provisions of this Agreement that refer to the “Game” shall also include all such patches, updates and modifications.
USER-GENERATED CONTENT
A. The Game may allow You to create user-generated content, including but not limited to postings, screenshots, user generated artwork, or other content that can be viewed by others ("User-Generated Content"). You agree that neither Licensor, nor any first party platform provider, on which You access and/or use the Game, is liable for User-Generated Content that is provided by others. Licensor has no duty to pre-screen User-Generated Content, but Licensor has the right to refuse to post, edit, or deliver submitted User-Generated Content. Licensor reserves the right to remove User-Generated Content for any reason, but Licensor is not responsible for any failure or delay in removing such material. Licensor reserve the right to block any user's access to any content, website or webpage that Licensor provide in our sole discretion.
B. You represent that You have the right to post any User-Generated Content which You post to and/or in relation to the Game, and that such content, or its use by us as contemplated by this Agreement, does not violate this Agreement, applicable law, or the intellectual property rights of others. In exchange for use of the Game, You hereby grant Licensor and/or the platform manufacturer upon which You access and/or use the Software Platform, a non-exclusive, royalty-free, perpetual, irrevocable, fully transferable and sub-licensable worldwide right and license to use Your contributions including but not limited to the rights to reproduce, distribute, adapt, modify, create derivative works from, perform, display, publish, broadcast, transmit, or otherwise communicate to the public in all media now known or hereafter devised, for any purpose, without any further notice or compensation to You. You hereby waive and relinquish any claim based upon "moral rights" (as that term is commonly understood) or any rights of attribution or integrity in connection with content submitted to us hereunder. This license grant, and the above waiver of any applicable moral rights, survives any termination of this License.
You acknowledge that the Game and the other creators of User Generated Content have rights in their respective content under copyright and other applicable laws, and that except as expressly described in this Agreement, such rights are not licensed or otherwise transferred to You. You accept full responsibility and liability for use of any User Generated Content in violation of any such rights.
C. You agree that You will not create, transfer, share, send, submit or upload any User generated content that:
a) Is protected by copyright, patent, trademark or trade secret or otherwise subject to third-party proprietary rights, including but not limited to rights of privacy and publicity (unless You are or have permission from the rightful owner);
b) Contains fraudulent statements or misrepresentations that could damage Licensor or any third party;
c) Is obscene, defamatory, threatening, harassing, predatory, pornographic, hateful, racially or ethnically offensive, or encourages conduct that would violate any law or is otherwise inappropriate:
d) Is an advertisement or solicitation of business; or
e) Is an impersonation of another person.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE GAME IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE GAME IS PROVIDED "AS IS," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR AND LICENSOR’S AFFILIATES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE GAME, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. LICENSOR DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE GAME, THAT THE FUNCTIONS CONTAINED IN THE GAME WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE GAME WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE GAME WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE GAME PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
Some states and jurisdictions do not allow the exclusion of, or limitations on, limited or implied warranties and in such states and jurisdictions, Licensor’s liability shall be limited to the maximum extent permitted by law. You may have other rights that vary from state-to-state or from jurisdiction-to-jurisdiction.
LIMITATIONS ON DAMAGES
LICENSOR’S AGGREGATE LIABILITY SHALL BE LIMITED TO THE LESSER OF YOUR ACTUAL DAMAGES OR AMOUNT PAID TO LICENSOR FOR THE LICENSE SET FORTH HEREIN. YOUR RIGHT TO MONETARY DAMAGES IN THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES THAT YOU MAY HAVE. LICENSOR SHALL NOT BE LIABLE FOR ANY OTHER LOSS OR DAMAGE OF ANY KIND, INCLUDING WITHOUT LIMITATION, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES, LOST PROFITS, DAMAGE TO PROPERTY, LOST OR CORRUPTED DATA OR FILES, LOSS OF GOODWILL, CONSOLE, COMPUTER OR HANDHELD DEVICE FAILURE, ERRORS AND LOST BUSINESS OR OTHER INFORMATION AS A RESULT OF POSSESSION, USE OR MALFUNCTION OF THE GAME, COMPROMISED SECURITY OF YOUR UNIT, OPERATING SYSTEM OR FILES, OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) WITH RESPECT TO THE GAME REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT OR OTHERWISE OR IN ANY WAY DUE TO OR RESULTING FROM OR ARISING IN CONNECTION WITH THE GAME.
TERM AND TERMINATION
Without prejudice to any other rights of Licensor, the License shall remain in effect for as long as You use, operate or run the Game. Licensor may, at its sole discretion, terminate this License Agreement for any reason including in the event that You fail to comply with the terms and conditions contained herein. In such event, You must immediately destroy all copies of the Game in Your possession, including uninstalling and removing of the Game from Your hard drive. You may also terminate the License at any time by destroying all copies of the Game and uninstalling it from Your computer(s) or other applicable hardware. The Sections entitled “Ownership,” “License Conditions and Restrictions,” “Limitations on Damages,” “Term and Termination,” “Injunction,” “Indemnity,” “Choice of Law and Jurisdiction,” and “Miscellaneous” shall survive any termination of this License.
INJUNCTION
You acknowledge and agree that if You breach this Agreement, that Licensor would be irreparably damaged, that money damages would not be a sufficient remedy and that, in addition to all other remedies, the Licensor shall be entitled to specific performance and injunctive or other equitable relief as a remedy for any such breach. You further agree to waive any requirement for the securing or posting of any bond in connection with such remedy.
INDEMNITY
You agree to indemnify, defend and hold harmless Licensor, its partners, affiliates, contractors, licensors, officers, directors, employees and agents from all claims, damages, costs and expenses (including reasonable attorney fees) arising directly or indirectly from Your acts or omissions in connection with using the Game or Your breach of this Agreement.
CHOICE OF LAW AND JURISDICTION
THIS AGREEMENT, AND THE RIGHTS AND OBLIGATIONS OF YOU AND LICENSOR CONCERNING THE GAME, SHALL BE CONSTRUED AND ENFORCED UNDER OHIO LAW WITHOUT REGARD TO CONFLICTS OF LAW PRINCIPLES. TO THE EXTENT ANY CLAIMS ARE GOVERNED BY FEDERAL LAW, SUCH FEDERAL LAW ALSO SHALL BE APPLICABLE. YOU AND LICENSOR CONSENT TO THE EXCLUSIVE PERSONAL JURISDICTION OF THE STATE AND FEDERAL COURTS LOCATED IN CLEVELAND, OHIO, IN CONNECTION WITH ANY CLAIM OR DISPUTE CONCERNING THIS AGREEMENT OR THE GAME, AND YOU AND LICENSOR WAIVE ANY OBJECTION BASED ON THE VENUE OR INCONVENIENCE OF SUCH FORUM. THE APPLICATION OF THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY EXCLUDED.
AMENDMENTS
Licensor reserves the right to amend this Agreement at any time, at its sole discretion, but will post such changes on the Licensor’s website and/or will communicate such changes through the STEAMTM service. If any such future changes to this Agreement are unacceptable to You or cause You to no longer be in compliance with this Agreement, You may terminate this Agreement in accordance with the above Termination provisions. Your installation and use of any updates or modifications to the Game or Your continued use of the Game following notice of changes to this Agreement will constitute Your acceptance of any and all such changes to the terms of this Agreement.
MISCELLANEOUS
This Agreement represents the complete agreement between You and Licensor concerning the License and Your rights to use the Game, and supersedes all prior agreements and representations, warranties or understandings between You and Licensor (whether negligently or innocently made but excluding those made fraudulently), regarding the same subject matter. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and the remaining provisions of this Agreement shall remain in full force and not be affected.
The failure of Licensor to exercise any of its rights hereunder shall not constitute a waiver of any breach or any other right in that or any subsequent breach.
If You have any questions concerning this Agreement or the License contained herein, You may contact Licensor at ___office@sofstudios.com_______, Attn. _____EULA Question_________
PLEASE READ THE FOLLOWING END USER LICENSE AGREEMENT (THE “AGREEMENT”) CAREFULLY BEFORE INSTALLING H-HOUR: WORLD’S ELITE™ (THE “GAME”). BY CLICKING “I ACCEPT”, DOWNLOADING, INSTALLING, COPYING, OR OTHERWISE USING THE GAME, YOU (“YOU”) AGREE TO BE BOUND BY THIS AGREEMENT AND THE TERMS AND CONDITIONS BELOW. ADDITIONALLY, YOU ALSO AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH IN THE STEAM™ SUBSCRIBER AGREEMENT AND/OR ANY OTHER TERMS SET FORTH BY VALVE CORPORATION IN RELATION TO THE STEAM SERVICE.
IF YOU DO NOT AGREE TO THE TERMS SET FORTH IN THIS AGREEMENT, YOU MAY NOT DOWNLOAD, INSTALL, COPY OR OTHERWISE USE THE GAME and You shall not be granted a License (as defined below) for the Game. You should print off and retain a copy of this Agreement in case You need to refer to it.
GRANT OF LIMITED USE LICENSE
The term “Game” means the “H-Hour: World’s EliteTM” video game and all associated software associated media, software associated with the online mode of the video game (subject to any additional terms of use applicable to such online mode), printed materials, manuals, online or electronic documentation, and copies of such software and materials. SOF Studios Ltd. or its suppliers and licensors (collectively, “Licensor”) grants You a non-exclusive, non-transferable, revocable, limited right and license to access the Game, solely for Your personal use, via an on-demand online service and/or install the Game on the local hard disk(s) or other permanent storage media of one (1) computer and use the Game on a single account at a time (the “License”). To the extent applicable, You may physically transfer the Game between computers provided that it is used on only one computer at any given time. Licensor hereby reserves all rights not specifically granted under this License. This License does not give You any title or ownership in the Game, and should not be construed as a sale or transfer of any intellectual property or other rights to the Game.
LICENSE CONDITIONS AND RESTRICTIONS
You agree to only use the Game, or any part of it, in a manner that is consistent with this License and SHALL NOT:
(a) exploit the Game or any of its part for any commercial purpose, including without limitation (i) use at a cyber café, computer gaming center or any other location-based site; (ii) for gathering in-game currency, items or resources for sale outside the Game; or (iii) performing in-game services in exchange for payment outside the Game, e.g., power-leveling;
(b) use the Game or permit the use of the Game, on more than one computer, game console, handheld or mobile device at the same time without a separate, additional license from Licensor;
(c) use the Game, or permit use of the Game, in a network, multi-user arrangement or remote access arrangement, including any online use, except as otherwise explicitly permitted by Licensor in writing;
(d) copy or reproduce, auction, loan, lease, sublicense, gift or transfer the Game or any part thereof, except that You shall have the right to make one (1) copy of the Game for backup or archival purposes, or make copies of the materials accompanying the Game for non-commercial backup and reference only;
(e) sell, rent, lease, license, distribute, upload to any Internet server or web site, electronically transfer through a LAN (local area network) or file sharing network, or otherwise transfer any portion of this Game or any copies without the express prior written consent of Licensor.
(f) reverse engineer, derive source code, modify, decompile, disassemble, translate, or create derivative works of or based on the Game, in whole or in part. In the event that such activities are permitted by applicable law, (i) any information You, or Your authorized agent, discover shall be promptly disclosed to Licensor and shall be deemed Licensor’s confidential information; and (ii) any lawful modifications, adaptations, improvements, and all copyrights and moral rights therein, shall be deemed assigned to, and shall belong to, vest in and be the exclusive property of Licensor and/or its licensors on creation, in any event;
(g) remove, disable or circumvent any security protections or any technical measures that control access to the Game;
(h) remove, modify, deface or circumvent any proprietary notices or labels contained on or within the Game;
(i) export or re-export the Game or any copy or adaptation in violation of any applicable laws or regulations; or
(j) create data or executable programs that mimic data or functionality in the Game;
(k) use any obscene, pornographic, provocative or racist language or material on the forums and chats relating to the Game; and
(l) use or otherwise infringe upon the trademarks “H-HOUR” and/or “ H-HOUR: WORLD’S ELITE” on any signs, badges, clothing or other apparel, websites, or other media in any manner that, in the opinion of Licensor, is likely to cause confusion with Licensor’s proprietary trademark rights.
Any violation of these limitations shall be a material breach of this Agreement and Licensor shall have the right to terminate this Agreement pursuant to the section herein titled Termination.
You also agree that You shall abide by the safety information, maintenance instructions or other relevant notices contained in the manual included with the Game.
GAME UPDATES, PATCHES AND MODIFICATIONS
Licensor may provide or deploy updates, patches and other modifications to the Game that must be installed for the user to continue to play the Game properly or at all. Licensor may update, patch or modify the Game remotely and access the Game residing on Your computer or other device, without advance or other notice to You, and You hereby grant to Licensor Your consent to deploy and apply such patches, updates and modifications to the Game by push, pull, or any other technology now known or hereinafter developed. All provisions of this Agreement that refer to the “Game” shall also include all such patches, updates and modifications.
USER-GENERATED CONTENT
A. The Game may allow You to create user-generated content, including but not limited to postings, screenshots, user generated artwork, or other content that can be viewed by others ("User-Generated Content"). You agree that neither Licensor, nor any first party platform provider, on which You access and/or use the Game, is liable for User-Generated Content that is provided by others. Licensor has no duty to pre-screen User-Generated Content, but Licensor has the right to refuse to post, edit, or deliver submitted User-Generated Content. Licensor reserves the right to remove User-Generated Content for any reason, but Licensor is not responsible for any failure or delay in removing such material. Licensor reserve the right to block any user's access to any content, website or webpage that Licensor provide in our sole discretion.
B. You represent that You have the right to post any User-Generated Content which You post to and/or in relation to the Game, and that such content, or its use by us as contemplated by this Agreement, does not violate this Agreement, applicable law, or the intellectual property rights of others. In exchange for use of the Game, You hereby grant Licensor and/or the platform manufacturer upon which You access and/or use the Software Platform, a non-exclusive, royalty-free, perpetual, irrevocable, fully transferable and sub-licensable worldwide right and license to use Your contributions including but not limited to the rights to reproduce, distribute, adapt, modify, create derivative works from, perform, display, publish, broadcast, transmit, or otherwise communicate to the public in all media now known or hereafter devised, for any purpose, without any further notice or compensation to You. You hereby waive and relinquish any claim based upon "moral rights" (as that term is commonly understood) or any rights of attribution or integrity in connection with content submitted to us hereunder. This license grant, and the above waiver of any applicable moral rights, survives any termination of this License.
You acknowledge that the Game and the other creators of User Generated Content have rights in their respective content under copyright and other applicable laws, and that except as expressly described in this Agreement, such rights are not licensed or otherwise transferred to You. You accept full responsibility and liability for use of any User Generated Content in violation of any such rights.
C. You agree that You will not create, transfer, share, send, submit or upload any User generated content that:
a) Is protected by copyright, patent, trademark or trade secret or otherwise subject to third-party proprietary rights, including but not limited to rights of privacy and publicity (unless You are or have permission from the rightful owner);
b) Contains fraudulent statements or misrepresentations that could damage Licensor or any third party;
c) Is obscene, defamatory, threatening, harassing, predatory, pornographic, hateful, racially or ethnically offensive, or encourages conduct that would violate any law or is otherwise inappropriate:
d) Is an advertisement or solicitation of business; or
e) Is an impersonation of another person.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE GAME IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE GAME IS PROVIDED "AS IS," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR AND LICENSOR’S AFFILIATES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE GAME, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. LICENSOR DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE GAME, THAT THE FUNCTIONS CONTAINED IN THE GAME WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE GAME WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE GAME WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE GAME PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
Some states and jurisdictions do not allow the exclusion of, or limitations on, limited or implied warranties and in such states and jurisdictions, Licensor’s liability shall be limited to the maximum extent permitted by law. You may have other rights that vary from state-to-state or from jurisdiction-to-jurisdiction.
LIMITATIONS ON DAMAGES
LICENSOR’S AGGREGATE LIABILITY SHALL BE LIMITED TO THE LESSER OF YOUR ACTUAL DAMAGES OR AMOUNT PAID TO LICENSOR FOR THE LICENSE SET FORTH HEREIN. YOUR RIGHT TO MONETARY DAMAGES IN THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES THAT YOU MAY HAVE. LICENSOR SHALL NOT BE LIABLE FOR ANY OTHER LOSS OR DAMAGE OF ANY KIND, INCLUDING WITHOUT LIMITATION, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES, LOST PROFITS, DAMAGE TO PROPERTY, LOST OR CORRUPTED DATA OR FILES, LOSS OF GOODWILL, CONSOLE, COMPUTER OR HANDHELD DEVICE FAILURE, ERRORS AND LOST BUSINESS OR OTHER INFORMATION AS A RESULT OF POSSESSION, USE OR MALFUNCTION OF THE GAME, COMPROMISED SECURITY OF YOUR UNIT, OPERATING SYSTEM OR FILES, OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) WITH RESPECT TO THE GAME REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT OR OTHERWISE OR IN ANY WAY DUE TO OR RESULTING FROM OR ARISING IN CONNECTION WITH THE GAME.
TERM AND TERMINATION
Without prejudice to any other rights of Licensor, the License shall remain in effect for as long as You use, operate or run the Game. Licensor may, at its sole discretion, terminate this License Agreement for any reason including in the event that You fail to comply with the terms and conditions contained herein. In such event, You must immediately destroy all copies of the Game in Your possession, including uninstalling and removing of the Game from Your hard drive. You may also terminate the License at any time by destroying all copies of the Game and uninstalling it from Your computer(s) or other applicable hardware. The Sections entitled “Ownership,” “License Conditions and Restrictions,” “Limitations on Damages,” “Term and Termination,” “Injunction,” “Indemnity,” “Choice of Law and Jurisdiction,” and “Miscellaneous” shall survive any termination of this License.
INJUNCTION
You acknowledge and agree that if You breach this Agreement, that Licensor would be irreparably damaged, that money damages would not be a sufficient remedy and that, in addition to all other remedies, the Licensor shall be entitled to specific performance and injunctive or other equitable relief as a remedy for any such breach. You further agree to waive any requirement for the securing or posting of any bond in connection with such remedy.
INDEMNITY
You agree to indemnify, defend and hold harmless Licensor, its partners, affiliates, contractors, licensors, officers, directors, employees and agents from all claims, damages, costs and expenses (including reasonable attorney fees) arising directly or indirectly from Your acts or omissions in connection with using the Game or Your breach of this Agreement.
CHOICE OF LAW AND JURISDICTION
THIS AGREEMENT, AND THE RIGHTS AND OBLIGATIONS OF YOU AND LICENSOR CONCERNING THE GAME, SHALL BE CONSTRUED AND ENFORCED UNDER OHIO LAW WITHOUT REGARD TO CONFLICTS OF LAW PRINCIPLES. TO THE EXTENT ANY CLAIMS ARE GOVERNED BY FEDERAL LAW, SUCH FEDERAL LAW ALSO SHALL BE APPLICABLE. YOU AND LICENSOR CONSENT TO THE EXCLUSIVE PERSONAL JURISDICTION OF THE STATE AND FEDERAL COURTS LOCATED IN CLEVELAND, OHIO, IN CONNECTION WITH ANY CLAIM OR DISPUTE CONCERNING THIS AGREEMENT OR THE GAME, AND YOU AND LICENSOR WAIVE ANY OBJECTION BASED ON THE VENUE OR INCONVENIENCE OF SUCH FORUM. THE APPLICATION OF THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY EXCLUDED.
AMENDMENTS
Licensor reserves the right to amend this Agreement at any time, at its sole discretion, but will post such changes on the Licensor’s website and/or will communicate such changes through the STEAMTM service. If any such future changes to this Agreement are unacceptable to You or cause You to no longer be in compliance with this Agreement, You may terminate this Agreement in accordance with the above Termination provisions. Your installation and use of any updates or modifications to the Game or Your continued use of the Game following notice of changes to this Agreement will constitute Your acceptance of any and all such changes to the terms of this Agreement.
MISCELLANEOUS
This Agreement represents the complete agreement between You and Licensor concerning the License and Your rights to use the Game, and supersedes all prior agreements and representations, warranties or understandings between You and Licensor (whether negligently or innocently made but excluding those made fraudulently), regarding the same subject matter. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and the remaining provisions of this Agreement shall remain in full force and not be affected.
The failure of Licensor to exercise any of its rights hereunder shall not constitute a waiver of any breach or any other right in that or any subsequent breach.
If You have any questions concerning this Agreement or the License contained herein, You may contact Licensor at ___office@sofstudios.com_______, Attn. _____EULA Question_________