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SuckerFree Games End-User License Agreement
Notice: read this end-user license agreement carefully before installing, accessing, copying or using the licensed product accompanying this agreement. This is a legally binding agreement between you and SuckerFree Games. If you are not eighteen (18) years of age, have your parents review this Agreement. Clicking on the “I accept” button below, or in any other way installing, accessing, copying or using the licensed product, creates a legally enforceable contract and constitutes acceptance of all terms and conditions of this agreement without modification. The "Dungeons: The Eye of Draconus” is hereinafter referred to as the Software.
Important - read carefully: by installing, copying and/or otherwise using the software, you agree to be bound by the terms of this agreement and the terms set forth below. The software is provided AS IS and includes the video game, the associated media, any updates and upgrades that replace or supplement the software that are not distributed with a separate license, the associated media, any software associated with the online mode of the video game, any printed materials, any online or electronic documentation, and any and all copies of such software and materials. By opening the Software, installing, and/or using the Software and any other materials included with the software, and any updates and upgrades thereto, you hereby accept the terms of this agreement with SuckerFree Games. The agreement applies to all users of the software, including users who are also contributors of content, information, and other materials or software. If you do not agree to the terms of this agreement, you are not permitted to install copy or otherwise use the software. Your remedy for dissatisfaction with the software or any products, content, or other information made by or through SuckerFree Games, is to stop using the software. Your agreement with SuckerFree Games, regarding compliance with the agreement becomes effective immediately upon commencement of your use of the software. If you do not agree to the terms set forth in this agreement, do not download or use the software, and SuckerFree Games, shall not grant to you the license to install and use the software. SuckerFree Games, requests that you contact one of the customer service centers advertised in the information accompanying the software. Please note that there may be a charge for the telephone call to the customer service center.
1. USER'S ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS
The Software is offered subject to your compliance with all of the terms and conditions contained herein and all other operating rules, policies and procedures. In addition, some applications offered through or in connection with the Software may be subject to additional terms and conditions promulgated from time to time. Your continued use of the Software after a modification has been made to the Agreement constitutes your acceptance of such modification.
2. LIMITED USE LICENSE
Subject to your compliance with the terms and conditions of the Agreement, SuckerFree Games, hereby grants you a non-exclusive, non-transferable, limited right and license to install and use one (1) copy of the Software solely and exclusively for your personal and non-commercial use. This Agreement shall also apply to any patches or updates you may obtain for the Software. IN ACCORDANCE WITH AND NOT INTENDING TO LIMIT ANY OF THE PROVISIONS OR PROTECTIONS SET FORTH HEREIN, DUPLICATION, COPYING OR ANY FORM OF REPRODUCTION OF THE SOFTWARE OR RELATED INFORMATION, MATERIALS OR OTHER CONTENT TO ANY OTHER SERVER OR LOCATION FOR THE PURPOSES OF DUPLICATION, COPYING OR ANY OTHER FORM OF REPRODUCTION IS EXPRESSLY AND EXPLICITLY PROHIBITED. This license does not give you any title or ownership in the Software, and should not be construed as a sale or transfer of any intellectual property rights to the Software. All rights not specifically granted under this Agreement are hereby reserved by SuckerFree Games and, as applicable, by its licensors.
3. NO RIGHT TO OWNERSHIP
You acknowledge and agree that you shall have no ownership or other property interest in the software, and you further acknowledge and agree that all such rights are and shall forever be owned by and inure to the benefit of SuckerFree Games. Except as expressly licensed to you herein, all right, title, and interest in and to the Software and any and all associated copyrights, trademarks and intellectual properties therein and/or related thereto and all copies thereof (including, but not limited to, any patches, updates, copies, derivative works, titles, computer code, themes, objects, characters, character names, stories, dialogs, catch phrases, locations, concepts, artwork, images, animation, sounds, musical compositions, audio-visual effects, text, methods of operation, moral rights, "applets" incorporated into the Software, and any related documentation) are owned by SuckerFree Games.
The Software is protected by U.S. copyright laws, international copyright treaties and conventions, and other laws. All rights are reserved. The Software contains certain licensed materials, and SuckerFree Games and SuckerFree Games' licensors may protect their rights in the event of any violation of this Agreement.
4. NO SALE OR ASSIGNMENT
SuckerFree Games does not allow the transfer of the Software. Therefore, you may not give, purchase, sell, bargain, barter, market, trade, offer for sale, sell, license, assign or otherwise divest your rights, responsibilities or obligations under the Agreement, either in whole or in part, without the prior written consent of SuckerFree Games. Any attempt to do so shall be void and of no effect.
5. LICENSE CONDITIONS
You agree to only use the Dungeons: The Eye of Draconus Software or any part of it, in a manner that is consistent with this Agreement and you SHALL NOT:
(a) Exploit the Software or any of its parts commercially, including, but not limited to, at a cyber (Internet) café, computer gaming center or any other location-based site;
(b) Use the Software or permit the use of the Software, on more than one computer, console, mobile device, handheld device or PDA at the same time;
(c) Use the Software, or permit use of the Software, or make the Software available for use in a network, multi-user arrangement, remote access arrangement, including where it could be downloaded by multiple users;
(d) Sell, rent, lease, license, distribute or otherwise transfer this Software or any copies;
(e) Reverse engineer, derive source code, modify, decompile, disassemble, copy, or create derivative works of the Software, in whole or in part (except as the applicable law expressly permits, in which case all and any modifications, adaptations, copies, improvements, etc. shall belong to, vest in and be the exclusive property of SuckerFree Games and/or its licensors on creation, in any event);
(f) Remove, disable or circumvent any security protections, proprietary notices or labels contained on or within the Software;
(g) Export or re-export the Software or any copy or adaptation in violation of any applicable laws or regulations;
(h) Create data or executable programs which mimic data or functionality in the Software unless provided for in Section 5(i) below; or
(i) Use the part of the Software which allows you to construct new variations ("Editor") to create new levels which (i) can be used otherwise in connection with the Software; (ii) to modify any executable file; (iii) to product any libelous, defamatory or other illegal material or material that is scandalous or invades the rights of privacy or publicity of a third party; (iv) to use the trademarks, copyright or intellectual property rights of any third party; (v) are then commercially exploited by you (through pay-per-play or timesharing services or otherwise). For the avoidance of doubt you are solely liable and responsible for any claims by a third party resulting from your use of the Editor.
Furthermore, you agree that you shall abide by the safety information, maintenance instructions or other relevant notices contained in the manual or other documentation accompanying the Software.
6. SUPPORT SERVICES
Licensor will use commercially reasonable efforts to provide Licensee with maintenance and support for the Licensed Products in accordance with its standard practices (as amended from time to time, Support Services). The current support policy is provided at: http://www.SuckerFree Games Licensor shall have no obligation to support any version other than the then current and immediate prior version of the Licensed Products.
7. RESTRICTIONS
You agree not to engage in any of the following: (i) use any means including, without limitation, agents, robots, scripts, or spiders to access, monitor, data scrape, link or frame to content, images or artwork (except as expressly authorized by SuckerFree Games), or copy or transfer any part of the Websites or Services (including, without limitation, any Registration Data); (ii) probe, scan or test the vulnerability of the Websites or Services, or breach the security or authentication measures on the Websites or any part of the Services; (iii) reverse look-up, trace or seek to trace any Registration Data in any way and for any reason; (iv) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Websites or Services; (v) use any device, software or program to interfere or attempt to interfere with the proper working or authorized uses of the Websites or Services, or with any other person's use of the Websites or Services; (vi) forge headers or otherwise manipulate identifiers in order to disguise the origin of any message transmittal you send on or through the Websites or via the Services; (vii) impersonate any other individual or entity or misrepresent your identity or your affiliation with another individual or entity; (viii) use the Websites or Services in an illegal manner or for any unlawful purpose; or (ix) violate any applicable rules, policies, guidelines, or fan kit policies.
The Websites and Services are for your personal use and may not be used in connection with any commercial endeavors. Illegal or unauthorized use of the Websites or Services including collecting players' usernames or email addresses for the purpose of sending unsolicited email is strictly prohibited. Commercial advertisements (via emails, forums, etc.) and other forms of solicitation in violation of these Terms of Use may be removed from the Websites and Services without notice and may result in termination of your account.
8. INDEMNIFICATION
Upon a request by SuckerFree Games, you agree to defend, indemnify, and hold SuckerFree Games and its affiliates harmless from all liabilities, claims, losses, costs and expenses, including attorney's fees, that arise from (a) your use of, or activities in connection with the Software; (b) any violation of the agreement by you; or (c) any allegation that any content that you make available via the Software infringes or otherwise violates the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party. SuckerFree Games reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with SuckerFree Games in asserting any available defenses.
9. TERMINATION AND SURVIVABILITY OF TERMS
The Agreement set forth herein continue to remain in full force and effect until such time as terminated by either party. You retain full discretion to end or terminate your account, if applicable, and discontinue use of the Software at any time, pursuant to the terms of this Agreement. Without prejudice to any other rights of SuckerFree Games, this Agreement shall terminate automatically if you fail to comply with its terms and conditions. Upon termination, you must destroy all copies of the Software.
10. AGREEMENT
This agreement represents the complete agreement between you and SuckerFree Games, concerning the Software and supersedes all prior agreements and representations, warranties or understandings between you and SuckerFree Games (whether negligently or innocently made but excluding those made fraudulently), regarding the same subject matter. SuckerFree Games, reserves the right to amend this agreement at any time, at its sole discretion. If any part of the agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Any failure by us to enforce or exercise any provision of the agreement or related rights shall not constitute a waiver of that right or provision. SuckerFree Games, may assign this agreement, in whole or in part, at any time. Notwithstanding, you may not assign, transfer or sublicense any or all of your rights or obligations under the agreement without SuckerFree Games's express prior written consent.
SuckerFree Games, performance of the agreement is subject to existing laws and legal process, and nothing contained in the agreement is in disagreement to comply with governmental, court, and law enforcement requests or requirements relating to your use of the software or information provided to or gathered by SuckerFree Games with respect to such use.
This agreement shall be construed under laws of United States and you consent to the exclusive jurisdiction of the Federal Courts. You may contact SuckerFree Games, at the following address:
SuckerFree Games
Customer Service Department
Email: sfg@suckerfreegames.com
Notice: read this end-user license agreement carefully before installing, accessing, copying or using the licensed product accompanying this agreement. This is a legally binding agreement between you and SuckerFree Games. If you are not eighteen (18) years of age, have your parents review this Agreement. Clicking on the “I accept” button below, or in any other way installing, accessing, copying or using the licensed product, creates a legally enforceable contract and constitutes acceptance of all terms and conditions of this agreement without modification. The "Dungeons: The Eye of Draconus” is hereinafter referred to as the Software.
Important - read carefully: by installing, copying and/or otherwise using the software, you agree to be bound by the terms of this agreement and the terms set forth below. The software is provided AS IS and includes the video game, the associated media, any updates and upgrades that replace or supplement the software that are not distributed with a separate license, the associated media, any software associated with the online mode of the video game, any printed materials, any online or electronic documentation, and any and all copies of such software and materials. By opening the Software, installing, and/or using the Software and any other materials included with the software, and any updates and upgrades thereto, you hereby accept the terms of this agreement with SuckerFree Games. The agreement applies to all users of the software, including users who are also contributors of content, information, and other materials or software. If you do not agree to the terms of this agreement, you are not permitted to install copy or otherwise use the software. Your remedy for dissatisfaction with the software or any products, content, or other information made by or through SuckerFree Games, is to stop using the software. Your agreement with SuckerFree Games, regarding compliance with the agreement becomes effective immediately upon commencement of your use of the software. If you do not agree to the terms set forth in this agreement, do not download or use the software, and SuckerFree Games, shall not grant to you the license to install and use the software. SuckerFree Games, requests that you contact one of the customer service centers advertised in the information accompanying the software. Please note that there may be a charge for the telephone call to the customer service center.
1. USER'S ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS
The Software is offered subject to your compliance with all of the terms and conditions contained herein and all other operating rules, policies and procedures. In addition, some applications offered through or in connection with the Software may be subject to additional terms and conditions promulgated from time to time. Your continued use of the Software after a modification has been made to the Agreement constitutes your acceptance of such modification.
2. LIMITED USE LICENSE
Subject to your compliance with the terms and conditions of the Agreement, SuckerFree Games, hereby grants you a non-exclusive, non-transferable, limited right and license to install and use one (1) copy of the Software solely and exclusively for your personal and non-commercial use. This Agreement shall also apply to any patches or updates you may obtain for the Software. IN ACCORDANCE WITH AND NOT INTENDING TO LIMIT ANY OF THE PROVISIONS OR PROTECTIONS SET FORTH HEREIN, DUPLICATION, COPYING OR ANY FORM OF REPRODUCTION OF THE SOFTWARE OR RELATED INFORMATION, MATERIALS OR OTHER CONTENT TO ANY OTHER SERVER OR LOCATION FOR THE PURPOSES OF DUPLICATION, COPYING OR ANY OTHER FORM OF REPRODUCTION IS EXPRESSLY AND EXPLICITLY PROHIBITED. This license does not give you any title or ownership in the Software, and should not be construed as a sale or transfer of any intellectual property rights to the Software. All rights not specifically granted under this Agreement are hereby reserved by SuckerFree Games and, as applicable, by its licensors.
3. NO RIGHT TO OWNERSHIP
You acknowledge and agree that you shall have no ownership or other property interest in the software, and you further acknowledge and agree that all such rights are and shall forever be owned by and inure to the benefit of SuckerFree Games. Except as expressly licensed to you herein, all right, title, and interest in and to the Software and any and all associated copyrights, trademarks and intellectual properties therein and/or related thereto and all copies thereof (including, but not limited to, any patches, updates, copies, derivative works, titles, computer code, themes, objects, characters, character names, stories, dialogs, catch phrases, locations, concepts, artwork, images, animation, sounds, musical compositions, audio-visual effects, text, methods of operation, moral rights, "applets" incorporated into the Software, and any related documentation) are owned by SuckerFree Games.
The Software is protected by U.S. copyright laws, international copyright treaties and conventions, and other laws. All rights are reserved. The Software contains certain licensed materials, and SuckerFree Games and SuckerFree Games' licensors may protect their rights in the event of any violation of this Agreement.
4. NO SALE OR ASSIGNMENT
SuckerFree Games does not allow the transfer of the Software. Therefore, you may not give, purchase, sell, bargain, barter, market, trade, offer for sale, sell, license, assign or otherwise divest your rights, responsibilities or obligations under the Agreement, either in whole or in part, without the prior written consent of SuckerFree Games. Any attempt to do so shall be void and of no effect.
5. LICENSE CONDITIONS
You agree to only use the Dungeons: The Eye of Draconus Software or any part of it, in a manner that is consistent with this Agreement and you SHALL NOT:
(a) Exploit the Software or any of its parts commercially, including, but not limited to, at a cyber (Internet) café, computer gaming center or any other location-based site;
(b) Use the Software or permit the use of the Software, on more than one computer, console, mobile device, handheld device or PDA at the same time;
(c) Use the Software, or permit use of the Software, or make the Software available for use in a network, multi-user arrangement, remote access arrangement, including where it could be downloaded by multiple users;
(d) Sell, rent, lease, license, distribute or otherwise transfer this Software or any copies;
(e) Reverse engineer, derive source code, modify, decompile, disassemble, copy, or create derivative works of the Software, in whole or in part (except as the applicable law expressly permits, in which case all and any modifications, adaptations, copies, improvements, etc. shall belong to, vest in and be the exclusive property of SuckerFree Games and/or its licensors on creation, in any event);
(f) Remove, disable or circumvent any security protections, proprietary notices or labels contained on or within the Software;
(g) Export or re-export the Software or any copy or adaptation in violation of any applicable laws or regulations;
(h) Create data or executable programs which mimic data or functionality in the Software unless provided for in Section 5(i) below; or
(i) Use the part of the Software which allows you to construct new variations ("Editor") to create new levels which (i) can be used otherwise in connection with the Software; (ii) to modify any executable file; (iii) to product any libelous, defamatory or other illegal material or material that is scandalous or invades the rights of privacy or publicity of a third party; (iv) to use the trademarks, copyright or intellectual property rights of any third party; (v) are then commercially exploited by you (through pay-per-play or timesharing services or otherwise). For the avoidance of doubt you are solely liable and responsible for any claims by a third party resulting from your use of the Editor.
Furthermore, you agree that you shall abide by the safety information, maintenance instructions or other relevant notices contained in the manual or other documentation accompanying the Software.
6. SUPPORT SERVICES
Licensor will use commercially reasonable efforts to provide Licensee with maintenance and support for the Licensed Products in accordance with its standard practices (as amended from time to time, Support Services). The current support policy is provided at: http://www.SuckerFree Games Licensor shall have no obligation to support any version other than the then current and immediate prior version of the Licensed Products.
7. RESTRICTIONS
You agree not to engage in any of the following: (i) use any means including, without limitation, agents, robots, scripts, or spiders to access, monitor, data scrape, link or frame to content, images or artwork (except as expressly authorized by SuckerFree Games), or copy or transfer any part of the Websites or Services (including, without limitation, any Registration Data); (ii) probe, scan or test the vulnerability of the Websites or Services, or breach the security or authentication measures on the Websites or any part of the Services; (iii) reverse look-up, trace or seek to trace any Registration Data in any way and for any reason; (iv) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Websites or Services; (v) use any device, software or program to interfere or attempt to interfere with the proper working or authorized uses of the Websites or Services, or with any other person's use of the Websites or Services; (vi) forge headers or otherwise manipulate identifiers in order to disguise the origin of any message transmittal you send on or through the Websites or via the Services; (vii) impersonate any other individual or entity or misrepresent your identity or your affiliation with another individual or entity; (viii) use the Websites or Services in an illegal manner or for any unlawful purpose; or (ix) violate any applicable rules, policies, guidelines, or fan kit policies.
The Websites and Services are for your personal use and may not be used in connection with any commercial endeavors. Illegal or unauthorized use of the Websites or Services including collecting players' usernames or email addresses for the purpose of sending unsolicited email is strictly prohibited. Commercial advertisements (via emails, forums, etc.) and other forms of solicitation in violation of these Terms of Use may be removed from the Websites and Services without notice and may result in termination of your account.
8. INDEMNIFICATION
Upon a request by SuckerFree Games, you agree to defend, indemnify, and hold SuckerFree Games and its affiliates harmless from all liabilities, claims, losses, costs and expenses, including attorney's fees, that arise from (a) your use of, or activities in connection with the Software; (b) any violation of the agreement by you; or (c) any allegation that any content that you make available via the Software infringes or otherwise violates the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party. SuckerFree Games reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with SuckerFree Games in asserting any available defenses.
9. TERMINATION AND SURVIVABILITY OF TERMS
The Agreement set forth herein continue to remain in full force and effect until such time as terminated by either party. You retain full discretion to end or terminate your account, if applicable, and discontinue use of the Software at any time, pursuant to the terms of this Agreement. Without prejudice to any other rights of SuckerFree Games, this Agreement shall terminate automatically if you fail to comply with its terms and conditions. Upon termination, you must destroy all copies of the Software.
10. AGREEMENT
This agreement represents the complete agreement between you and SuckerFree Games, concerning the Software and supersedes all prior agreements and representations, warranties or understandings between you and SuckerFree Games (whether negligently or innocently made but excluding those made fraudulently), regarding the same subject matter. SuckerFree Games, reserves the right to amend this agreement at any time, at its sole discretion. If any part of the agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Any failure by us to enforce or exercise any provision of the agreement or related rights shall not constitute a waiver of that right or provision. SuckerFree Games, may assign this agreement, in whole or in part, at any time. Notwithstanding, you may not assign, transfer or sublicense any or all of your rights or obligations under the agreement without SuckerFree Games's express prior written consent.
SuckerFree Games, performance of the agreement is subject to existing laws and legal process, and nothing contained in the agreement is in disagreement to comply with governmental, court, and law enforcement requests or requirements relating to your use of the software or information provided to or gathered by SuckerFree Games with respect to such use.
This agreement shall be construed under laws of United States and you consent to the exclusive jurisdiction of the Federal Courts. You may contact SuckerFree Games, at the following address:
SuckerFree Games
Customer Service Department
Email: sfg@suckerfreegames.com