| Language: |
THIS SOFTWARE IS LICENSED, NOT SOLD. Aegon Games and its affiliates (collectively, "Aegon Games", “Us”, or "We") reserves all rights not expressly granted to you (“You”). The product that is subject to this license is referred to in this license as the "Software".
This is a legal agreement between you and Aegon Games. Please review this End User License Agreement ("Agreement") carefully before purchasing, installing, accessing or utilizing the game ("Software”). By installing, copying and/or otherwise using the Software you are signifying your acknowledgement, acceptance and agreement to this Agreement.
By installing, copying and/or otherwise using this Software, you agree to be bound by the terms of this agreement. The “Software” includes all software included with the video game, the associated media, any updates and upgrades that replace or supplement the software that are not distributed with a separate license, any online or electronic documentation, and any and all copies of such software and materials.
Ownership of the Software
This license is not transferrable. 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,
Aegon Games retains ownership of the Software, and reserves all rights in the Software. No proprietary rights are assigned or transferred under this Agreement. You may not copy, reproduce, modify, alter, adapt, translate, decompile or reverse engineer the software except as permitted by law or this Agreement. This Agreement does not give you any right to sub-license the Software.
Upon payment of the applicable licence fees, we grant you a non-exclusive licence to use, copy, install and enjoy the Software for your personal non-commercial use, subject to the terms of this Agreement. You can’t sell it, rent it, or use it for commercial purposes.
License Conditions
Unless otherwise permitted by law or this Agreement, you must not in whole or in part or under any circumstances, do the following:
(a) exploit the Software or any of its parts commercially, including, but not limited to, at an internet café, arcade or public library;
(b) use the Software or permit the use of the Software, on more than one computer, or other electronic device at the same time;
(c) sell, rent, license, distribute or otherwise transfer this Software or any copies;
(d) reverse engineer, decompile or disassemble the Software, or describe any part of the source code or inner workings of the Software;
(e) use the Software for any illegal purposes;
(f) remove, disable or circumvent any security protections, proprietary notices or labels contained on or within the Software; or
(g) create any derivate work or program to mimic the data or functionality of the Software.
Translations
All content for the Software was written in English. We may provide localised or translated versions of the Software from time to time, including crowd-sourced translations. All such versions are provided ‘as-is’. We do not provide any warranty that the localised or translated versions reflect the original version, are correct, fit for purpose, or otherwise guarantee these versions in any way.
Videos and Fan Made Content
You may create fan content (including Let’s Play videos) incorporating videos of actual game play, and may publish and monetise your fan content. All such fan content must be respectful to our industry, company and the Software. We reserve the right to revoke this permission at any time and for any reason by notice to you. Upon such notice, you must immediately remove the fan content from distribution.
Disclaimer of Warranties; Limitation of Liability
We only accept liability to you as set out in this clause, or as required by consumer or other laws that cannot be excluded by contract. All other implied conditions or warranties are excluded. To the extent allowable by law, our total liability is limited to (at our election), repairing, updating or replacing the Software.
You agree to release, indemnify, defend and hold harmless us, and our officers, employees, agents and contractors from any and all liability or for claims associated with or arising from the misuse of the Software by you or by anyone to whom you allow access to the Software.
To the extent allowable by law, you agree to release and hold us harmless from any claim, allegation or demand for any loss, cost (including legal fees), expense, or damage arising in relation to:
(a) your breach of this Agreement;
(b) any indirect, special or consequential loss;
(c) any act, default, omission, or representation made by any person other than us, our agents or employees; or
(d) any cause independent of human control that occurred after the software or services were supplied.
The Software includes the Unreal® Engine code and other code, materials, and information (the “Epic Materials”) from Epic Games, Inc. (“Epic”). All Epic Materials are provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind. Aegon Games, Epic, and Epic’s affiliates disclaim all warranties, conditions, common law duties, and representations (express, implied, oral, and written) with respect to the Epic Materials, including without limitation all express, implied, and statutory warranties and conditions of any kind, such as title, non-interference with your enjoyment, authority, non-infringement, merchantability, fitness or suitability for any purpose (whether or not Epic knows or has reason to know of any such purpose), system integration, accuracy or completeness, results, reasonable care, workmanlike effort, lack of negligence, and lack of viruses, whether alleged to arise under law, by reason of custom or usage in the trade, or by course of dealing. Without limiting the generality of the foregoing, Aegon Games, Epic, and Epic’s affiliates make no warranty that (1) any of the Epic Materials will operate properly, including as integrated in the Software, (2) that the Epic Materials will meet your requirements, (3) that the operation of the Epic Materials will be uninterrupted, bug free, or error free in any or all circumstances, (4) that any defects in the Epic Materials can or will be corrected, (5) that the Epic Materials are or will be in compliance with a platform manufacturer’s rules or requirements, or (6) that a platform manufacturer has approved or will approve this The Software, or will not revoke approval of this The Software for any or no reason. Any warranty against infringement that may be provided in Section 2-312 of the Uniform Commercial Code or in any other comparable statute is expressly disclaimed by Aegon Games and Epic. Aegon Games, Epic, and Epic’s affiliates do not guarantee continuous, error-free, virus-free, or secure operation of or access to the Epic Materials. This paragraph will apply to the maximum extent permitted by applicable law.
To the maximum extent permitted by applicable law, neither Aegon Games, Epic, Epic’s licensors, nor its or their affiliates, nor any of Aegon Games’ or Epic’s service providers, shall be liable in any way for loss or damage of any kind resulting from the use or inability to use the Epic Materials or otherwise in connection with this Agreement, including but not limited to loss of goodwill, work stoppage, computer failure, or malfunction, or any and all other commercial damages or losses. In no event will Aegon Games, Epic, Epic’s licensors, nor its or their affiliates, nor any of Aegon Games’ or Epic’s service providers be liable for any loss of profits or any indirect, incidental, consequential, special, punitive, or exemplary damages, or any other damages arising out of or in connection with this Agreement or the Epic Materials, or the delay or inability to use or lack of functionality of the Epic Materials, even in the event of Aegon Games’, Epic’s, or Epic’s affiliates’ fault, tort (including negligence), strict liability, indemnity, product liability, breach of contract, breach of warranty, or otherwise and even if Aegon Games, Epic or Epic’s affiliates have been advised of the possibility of such damages. The limitations and exclusions regarding damages apply even if any remedy fails to provide adequate compensation.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Aegon Games, Epic, Epic’s licensors, its and their affiliates, and any of Aegon Games’ or Epic’s service providers shall be limited to the full extent permitted by law.
Severability
If any of these terms are held to be invalid or unenforceable by a court of law, that part will be excluded, and the remaining valid terms will remain in full force. This Agreement does not affect your rights in relation to any third party from whom you acquired the Software.
Waiver
Any delay or failure to exercise or enforce our rights under this Agreement will not be construed as a waiver of those rights, nor preclude any future exercise of those rights.
Legal Fees
In the event that we obtain the legal assistance to enforce this Agreement for your apparent breach of these terms, all legal fees (on a solicitor own client basis) incurred in enforcing this Agreement may be recovered from you.
Dispute Resolution and Jurisdiction
You agree that in case of a dispute or claim, you will first attempt to informally negotiate a settlement or resolution of the dispute by contacting legal@aegongames.com and informing us in a comprehensive way of the grounds of your dispute before resorting to any legal action.
The laws of England, United Kingdom apply to this Agreement and the parties submit exclusively to the courts of that jurisdiction. This Agreement establishes certain legal rights, but you may have other legal rights under the laws of your state or country. This Agreement will only change your rights under the laws of your state or country to the extent permitted by those laws.
Miscellaneous
You acknowledge that Aegon Games does and may collect data derived from your use of the Software. For example, we may collect or process information about your computer, including your IP address and operating system. This is statistical data about our users’ actions and patterns, and does not identify any individual. The collection and storage of the above data and gameplay is solely for the purposes of gauging the success of, and improving upon, the functionality of the Software and other products/services provided by Aegon Games.
This Agreement represents the complete agreement between you and Aegon Games concerning the Software and supersedes all prior agreements and representations, warranties or understandings between you and Aegon Games. We reserve the right to amend this Agreement at any time, at our sole discretion.
This document is licensed under the Creative Commons Attribution-ShareAlike 3.0 Unported license. The original version was published by Greenheart Games and prepared by IDEALAW. You can find the original version here. Appropriation of this document for your own cause may not be appropriate for your specific purposes, and is no substitute for professional legal advice. Use it at your own risk. You must keep this clause and attribution intact.
This is a legal agreement between you and Aegon Games. Please review this End User License Agreement ("Agreement") carefully before purchasing, installing, accessing or utilizing the game ("Software”). By installing, copying and/or otherwise using the Software you are signifying your acknowledgement, acceptance and agreement to this Agreement.
By installing, copying and/or otherwise using this Software, you agree to be bound by the terms of this agreement. The “Software” includes all software included with the video game, the associated media, any updates and upgrades that replace or supplement the software that are not distributed with a separate license, any online or electronic documentation, and any and all copies of such software and materials.
Ownership of the Software
This license is not transferrable. 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,
Aegon Games retains ownership of the Software, and reserves all rights in the Software. No proprietary rights are assigned or transferred under this Agreement. You may not copy, reproduce, modify, alter, adapt, translate, decompile or reverse engineer the software except as permitted by law or this Agreement. This Agreement does not give you any right to sub-license the Software.
Upon payment of the applicable licence fees, we grant you a non-exclusive licence to use, copy, install and enjoy the Software for your personal non-commercial use, subject to the terms of this Agreement. You can’t sell it, rent it, or use it for commercial purposes.
License Conditions
Unless otherwise permitted by law or this Agreement, you must not in whole or in part or under any circumstances, do the following:
(a) exploit the Software or any of its parts commercially, including, but not limited to, at an internet café, arcade or public library;
(b) use the Software or permit the use of the Software, on more than one computer, or other electronic device at the same time;
(c) sell, rent, license, distribute or otherwise transfer this Software or any copies;
(d) reverse engineer, decompile or disassemble the Software, or describe any part of the source code or inner workings of the Software;
(e) use the Software for any illegal purposes;
(f) remove, disable or circumvent any security protections, proprietary notices or labels contained on or within the Software; or
(g) create any derivate work or program to mimic the data or functionality of the Software.
Translations
All content for the Software was written in English. We may provide localised or translated versions of the Software from time to time, including crowd-sourced translations. All such versions are provided ‘as-is’. We do not provide any warranty that the localised or translated versions reflect the original version, are correct, fit for purpose, or otherwise guarantee these versions in any way.
Videos and Fan Made Content
You may create fan content (including Let’s Play videos) incorporating videos of actual game play, and may publish and monetise your fan content. All such fan content must be respectful to our industry, company and the Software. We reserve the right to revoke this permission at any time and for any reason by notice to you. Upon such notice, you must immediately remove the fan content from distribution.
Disclaimer of Warranties; Limitation of Liability
We only accept liability to you as set out in this clause, or as required by consumer or other laws that cannot be excluded by contract. All other implied conditions or warranties are excluded. To the extent allowable by law, our total liability is limited to (at our election), repairing, updating or replacing the Software.
You agree to release, indemnify, defend and hold harmless us, and our officers, employees, agents and contractors from any and all liability or for claims associated with or arising from the misuse of the Software by you or by anyone to whom you allow access to the Software.
To the extent allowable by law, you agree to release and hold us harmless from any claim, allegation or demand for any loss, cost (including legal fees), expense, or damage arising in relation to:
(a) your breach of this Agreement;
(b) any indirect, special or consequential loss;
(c) any act, default, omission, or representation made by any person other than us, our agents or employees; or
(d) any cause independent of human control that occurred after the software or services were supplied.
The Software includes the Unreal® Engine code and other code, materials, and information (the “Epic Materials”) from Epic Games, Inc. (“Epic”). All Epic Materials are provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind. Aegon Games, Epic, and Epic’s affiliates disclaim all warranties, conditions, common law duties, and representations (express, implied, oral, and written) with respect to the Epic Materials, including without limitation all express, implied, and statutory warranties and conditions of any kind, such as title, non-interference with your enjoyment, authority, non-infringement, merchantability, fitness or suitability for any purpose (whether or not Epic knows or has reason to know of any such purpose), system integration, accuracy or completeness, results, reasonable care, workmanlike effort, lack of negligence, and lack of viruses, whether alleged to arise under law, by reason of custom or usage in the trade, or by course of dealing. Without limiting the generality of the foregoing, Aegon Games, Epic, and Epic’s affiliates make no warranty that (1) any of the Epic Materials will operate properly, including as integrated in the Software, (2) that the Epic Materials will meet your requirements, (3) that the operation of the Epic Materials will be uninterrupted, bug free, or error free in any or all circumstances, (4) that any defects in the Epic Materials can or will be corrected, (5) that the Epic Materials are or will be in compliance with a platform manufacturer’s rules or requirements, or (6) that a platform manufacturer has approved or will approve this The Software, or will not revoke approval of this The Software for any or no reason. Any warranty against infringement that may be provided in Section 2-312 of the Uniform Commercial Code or in any other comparable statute is expressly disclaimed by Aegon Games and Epic. Aegon Games, Epic, and Epic’s affiliates do not guarantee continuous, error-free, virus-free, or secure operation of or access to the Epic Materials. This paragraph will apply to the maximum extent permitted by applicable law.
To the maximum extent permitted by applicable law, neither Aegon Games, Epic, Epic’s licensors, nor its or their affiliates, nor any of Aegon Games’ or Epic’s service providers, shall be liable in any way for loss or damage of any kind resulting from the use or inability to use the Epic Materials or otherwise in connection with this Agreement, including but not limited to loss of goodwill, work stoppage, computer failure, or malfunction, or any and all other commercial damages or losses. In no event will Aegon Games, Epic, Epic’s licensors, nor its or their affiliates, nor any of Aegon Games’ or Epic’s service providers be liable for any loss of profits or any indirect, incidental, consequential, special, punitive, or exemplary damages, or any other damages arising out of or in connection with this Agreement or the Epic Materials, or the delay or inability to use or lack of functionality of the Epic Materials, even in the event of Aegon Games’, Epic’s, or Epic’s affiliates’ fault, tort (including negligence), strict liability, indemnity, product liability, breach of contract, breach of warranty, or otherwise and even if Aegon Games, Epic or Epic’s affiliates have been advised of the possibility of such damages. The limitations and exclusions regarding damages apply even if any remedy fails to provide adequate compensation.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Aegon Games, Epic, Epic’s licensors, its and their affiliates, and any of Aegon Games’ or Epic’s service providers shall be limited to the full extent permitted by law.
Severability
If any of these terms are held to be invalid or unenforceable by a court of law, that part will be excluded, and the remaining valid terms will remain in full force. This Agreement does not affect your rights in relation to any third party from whom you acquired the Software.
Waiver
Any delay or failure to exercise or enforce our rights under this Agreement will not be construed as a waiver of those rights, nor preclude any future exercise of those rights.
Legal Fees
In the event that we obtain the legal assistance to enforce this Agreement for your apparent breach of these terms, all legal fees (on a solicitor own client basis) incurred in enforcing this Agreement may be recovered from you.
Dispute Resolution and Jurisdiction
You agree that in case of a dispute or claim, you will first attempt to informally negotiate a settlement or resolution of the dispute by contacting legal@aegongames.com and informing us in a comprehensive way of the grounds of your dispute before resorting to any legal action.
The laws of England, United Kingdom apply to this Agreement and the parties submit exclusively to the courts of that jurisdiction. This Agreement establishes certain legal rights, but you may have other legal rights under the laws of your state or country. This Agreement will only change your rights under the laws of your state or country to the extent permitted by those laws.
Miscellaneous
You acknowledge that Aegon Games does and may collect data derived from your use of the Software. For example, we may collect or process information about your computer, including your IP address and operating system. This is statistical data about our users’ actions and patterns, and does not identify any individual. The collection and storage of the above data and gameplay is solely for the purposes of gauging the success of, and improving upon, the functionality of the Software and other products/services provided by Aegon Games.
This Agreement represents the complete agreement between you and Aegon Games concerning the Software and supersedes all prior agreements and representations, warranties or understandings between you and Aegon Games. We reserve the right to amend this Agreement at any time, at our sole discretion.
This document is licensed under the Creative Commons Attribution-ShareAlike 3.0 Unported license. The original version was published by Greenheart Games and prepared by IDEALAW. You can find the original version here. Appropriation of this document for your own cause may not be appropriate for your specific purposes, and is no substitute for professional legal advice. Use it at your own risk. You must keep this clause and attribution intact.