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SERENITY FORGE, LLC
- Luna’s Wandering Stars -
END USER LICENSE AGREEMENT
YOU MUST AGREE TO ALL OF THE TERMS OF THIS AGREEMENT BEFORE YOU WILL BE ALLOWED TO DOWNLOAD THE SOFTWARE. BY SELECTING THE “ACCEPT” BUTTON OR BY DOWNLOADING, INSTALLING, OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, YOU ARE DECLINING USE OF THE SOFTWARE AND YOU MUST NOT DOWNLOAD, INSTALL OR USE THE SOFTWARE. IF YOU CLICK THE “ACCEPT” BUTTON, DOWNLOAD, INSTALL OR USE THE SOFTWARE, THE TERMS AND CONDITIONS OF THIS AGREEMENT ARE FULLY ACCEPTED BY YOU. IF YOU DOWNLOAD THE SOFTWARE FROM A THIRD PARTY INCLUDING, BUT NOT LIMITED TO, DIGITAL GAME DISTRIBUTION WEBSITES (“GAME DISTRIBUTORS”), YOUR USE OF THE SOFTWARE MAY ALSO BE GOVERNED BY ANY APPLICABLE END USER LICENSE AGREEMENT OR OTHER TERMS AND CONDITIONS PRESENTED TO YOU BY SUCH GAME DISTRIBUTOR.
Refunds. YOU MAY CONTACT SERENITY FORGE TO REQUEST A FULL DISCRETIONARY REFUND SUBJECT THAT YOU: (1) REQUEST THE REFUND WITHIN 30 DAYS OF PURCHASE; (2) HAVE NOT ALREADY ACCEPTED THIS AGREEMENT; (3) WERE THE ORIGINAL PURCHASER OF THE SOFTWARE; (4) WERE UNABLE TO GET A REFUND FROM THE SITE IT WAS PURCHASED; AND (5) PERMANENTLY DELETE THE SOFTWARE FROM ANY STORAGE MEDIUM. ONCE YOU SELECT “ACCEPT” YOU ARE NOT ELIGIBLE FOR A REFUND.
Grant of License. Subject to the terms and conditions of this End User License Agreement (“Agreement”), Serenity Forge, LLC (“Serenity Forge”), owner and licensor of the puzzle game Luna’s Wandering Stars™ (“Software”), hereby grants you (either an individual or an entity) (“you” or “your”) a nonexclusive, non-transferable, limited, and revocable license, without rights to sublicense, to use the object code of the Software solely for your personal, non-commercial gameplay use on a single computer or other gaming platform.
You may install, use, access, display and run one copy of the Software on a single device. You may not use , copy, commercially exploit, or install the Software on any system with more than one computer or gaming platform, or permit the use, copying, or installation of the Software by more than one user or on more than one computer or gaming platform. If you hold multiple, valid licensed copies, you may not use, copy, or install the Software on any system with more than the number of computers permitted by license, or permit the use, copying, or installation by more users, or on more computers than the number permitted by license.
You may not copy the Software except to extent that the licensed use inherently demands the creation of a temporary copy stored in computer memory and not permanently affixed on storage medium.
Level Editor. The Software includes a feature that allows you to create custom levels, maps, scenarios or other materials for use in connection with the Software (“Level Editor”). The following terms are specific to the Level Editor:
1. Level Editor can be used to create games, maps, levels, unique characteristics, and other content (“User Created Content”) that can only be used in conjunction with the Software.
2. IN EXCHANGE FOR YOUR USE OF THE SOFTWARE, ALL USER CREATED CONTENT DEVELOPED BY YOU IS AND SHALL REMAIN THE SOLE AND EXCLUSIVE PROPERTY OF SERENITY FORGE. WITHOUT LIMITING THE FOREGOING, YOU DO HEREBY ASSIGN AND SHALL ASSIGN TO SERENITY FORGE ALL OF YOUR RIGHT, TITLE AND INTEREST IN AND TO ALL OF YOUR USER CREATED CONTENT. If an assignment is not possible, either locally or anywhere in the world, you hereby grant to Serenity Forge a perpetual, worldwide exclusive, irrevocable, royalty-free, assignable, fully-sublicensable, unlimited license to use the User Created Content for any purpose, and in any way.
3. You hereby waive any moral rights of paternity, publication, reputation, or attribution with respect to Serenity Forge’s and other players’ use and enjoyment of such User Created Content.
Reservation of Rights and Ownership. The Software is licensed, not sold, to you for use under the terms of this Agreement. The Software is protected by copyright and other intellectual property rights in the Software. Except as expressly licensed to you herein, Serenity Forge and its suppliers reserve all right, title and interest in the Software and all associated copyrights, trademarks and other intellectual property rights therein. The Software may not be copied, reproduced, or distributed in any manner or medium, in whole or in part, without prior written consent from Serenity Forge.
Limitations on Reverse Engineering, Decompilation and Disassembly. You may not reverse engineer, decompile, or disassemble the Software by any means whatsoever, or alter, modify, enhance, or create a derivative work of the Software, or its accompanying documentation. You may not remove, alter or obscure any product identification, copyright or other intellectual property notices in the Software.
Support Not Included. Serenity Forge will not provide any support services under this Agreement. This Agreement does not give you any rights to upgrades or updates or any enhancements to the Software developed by Serenity Forge at any time in the future.
Updates to this Agreement. This Agreement applies to updates, supplements, add-on components, or internet-based services components of the Software that Serenity Forge may provide to you or make available to you after the date you obtain your initial copy of the Software. Further, this Agreement may be periodically updated from time to time. Your continued use of the Software after a revised Agreement has been posted at http://serenityforge.com/legal/EULA constitutes your acceptance of its terms.
Term and Termination. The term of this Agreement shall commence on the date that you install or otherwise use the Software and is effective until terminated by you or by Serenity Forge. Your rights under this Agreement will terminate immediately and automatically if you fail to comply with any of the terms and conditions of this Agreement, or upon destruction of your copy of the Software.
This Agreement automatically terminates if Serenity Forge determines or believes your use of the Software involves or may involve fraud or any other illicit activity, or upon your failure to comply with terms and conditions of this Agreement. If this Agreement terminates due to your violation of this Agreement, Serenity Forge may prohibit you from re-registering or re-accessing the Software. You will not be entitled to a refund for a termination initiated by either party pursuant this Section. The termination of this Agreement will not affect our rights or your obligations arising under this Agreement.
Promptly upon termination, you must cease all use of the Software, and destroy all copies in your possession. In the even that there is an internet-based component of the Software, Serenity Forge reserves the right to discontinue any internet-based services provided to you or available through the use of the Software.
Export Restrictions. You acknowledge that the Software is subject to U.S. export jurisdiction. You agree to comply with all applicable international and national laws that apply to the Software, including the U.S. Export Administration Regulations, as well as end-user, end-use and destination restrictions issued by the U.S. and other governments.
Limited Warranty. Serenity Forge warrants to you that at the time of purchase (if, and only if, you are the initial and original purchaser of the Software) the Software is compatible the applicable gaming platform meeting the minimum system requirements listed on http://serenityforge.com/games/lunaswanderingstars.html. However, due to variations in hardware, software, internet connections, and individual usage, Serenity Forge does not warrant the performance of the Software on your specific gaming platform. Serenity Forge does not warrant against interference with your enjoyment of the Software; that the Software will meet your requirements; or that the Software will be compatible with third-party software or hardware or that any errors in the Software will be corrected. You bear sole responsibility and all liability for any loss incurred due to failure of the Software to meet your requirements. Serenity Forge will not, under any circumstances, be responsible or liable for the loss of data on any computer or information storage device.
Disclaimer of Warranties. EXCEPT FOR THE WARRANTY PROVIDED IN THE SECTION ABOVE, THE SOFTWARE IS PROVIDED “AS IS” AND “AS AVAILABLE” AND ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SOFTWARE AND DOCUMENTATION, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED. SERENITY FORGE DOES NOT REPRESENT THAT THE USE OR OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE.
Restrictions on Transfer. Without first obtaining the express written consent of Serenity Forge, you may not assign your rights and obligations under this Agreement, or redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer your rights to the Software.
Limitation of Remedies and Damages. Your remedy for a breach of this Agreement or of any warranty included in this Agreement is the correction or replacement of the Software, or a refund of the purchase price for the Software. Selection of whether to correct replace, or refund shall be solely at the discretion of Serenity Forge. Serenity Forge reserves the right to substitute functionally equivalent software as a replacement for the Software. The limitations, exclusions and disclaimers (appearing anywhere in this Agreement) shall apply to the maximum extent permitted by applicable law, even if a remedy fails of its essential purpose.
IN NO EVENT WILL SERENITY FORGE BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE SOFTWARE OR THIS AGREEMENT, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY, OR OTHERWISE, WHETHER OR NOT SERENITY FORGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL SERENITY FORGE’S LIABILITY FOR ALL DAMAGES (EXCEPT AS REQUIRED BY APPLICABLE LAW) EXCEED THE ACTUAL PURCHASE PRICE PAID BY YOU FOR USE OF THE SOFTWARE.
Governing Law. This Agreement is governed by the laws of Colorado, without regard to its choice of law provisions.
Severability. If any provision of this Agreement shall be held to be invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect. To the extent any express or implied restrictions are not permitted by applicable laws, these express or implied restrictions shall remain in force and effect to the maximum extent permitted by such applicable laws.
Entire Agreement. This Agreement sets forth Serenity Forge’s entire liability and your exclusive remedy with respect to the Software, and the parties’ entire understanding with regard to the subject matter hereof.
IF YOU HAVE ANY QUESTIONS CONCERNING THIS AGREEMENT, YOU MAY CONTACT US IN WRITING AT: Serenity Forge, LLC 2237 Santa Fe Drive, Longmont, CO 80504. OR BY EMAIL AT: eulaconcerns@serenityforge.com
- Luna’s Wandering Stars -
END USER LICENSE AGREEMENT
YOU MUST AGREE TO ALL OF THE TERMS OF THIS AGREEMENT BEFORE YOU WILL BE ALLOWED TO DOWNLOAD THE SOFTWARE. BY SELECTING THE “ACCEPT” BUTTON OR BY DOWNLOADING, INSTALLING, OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, YOU ARE DECLINING USE OF THE SOFTWARE AND YOU MUST NOT DOWNLOAD, INSTALL OR USE THE SOFTWARE. IF YOU CLICK THE “ACCEPT” BUTTON, DOWNLOAD, INSTALL OR USE THE SOFTWARE, THE TERMS AND CONDITIONS OF THIS AGREEMENT ARE FULLY ACCEPTED BY YOU. IF YOU DOWNLOAD THE SOFTWARE FROM A THIRD PARTY INCLUDING, BUT NOT LIMITED TO, DIGITAL GAME DISTRIBUTION WEBSITES (“GAME DISTRIBUTORS”), YOUR USE OF THE SOFTWARE MAY ALSO BE GOVERNED BY ANY APPLICABLE END USER LICENSE AGREEMENT OR OTHER TERMS AND CONDITIONS PRESENTED TO YOU BY SUCH GAME DISTRIBUTOR.
Refunds. YOU MAY CONTACT SERENITY FORGE TO REQUEST A FULL DISCRETIONARY REFUND SUBJECT THAT YOU: (1) REQUEST THE REFUND WITHIN 30 DAYS OF PURCHASE; (2) HAVE NOT ALREADY ACCEPTED THIS AGREEMENT; (3) WERE THE ORIGINAL PURCHASER OF THE SOFTWARE; (4) WERE UNABLE TO GET A REFUND FROM THE SITE IT WAS PURCHASED; AND (5) PERMANENTLY DELETE THE SOFTWARE FROM ANY STORAGE MEDIUM. ONCE YOU SELECT “ACCEPT” YOU ARE NOT ELIGIBLE FOR A REFUND.
Grant of License. Subject to the terms and conditions of this End User License Agreement (“Agreement”), Serenity Forge, LLC (“Serenity Forge”), owner and licensor of the puzzle game Luna’s Wandering Stars™ (“Software”), hereby grants you (either an individual or an entity) (“you” or “your”) a nonexclusive, non-transferable, limited, and revocable license, without rights to sublicense, to use the object code of the Software solely for your personal, non-commercial gameplay use on a single computer or other gaming platform.
You may install, use, access, display and run one copy of the Software on a single device. You may not use , copy, commercially exploit, or install the Software on any system with more than one computer or gaming platform, or permit the use, copying, or installation of the Software by more than one user or on more than one computer or gaming platform. If you hold multiple, valid licensed copies, you may not use, copy, or install the Software on any system with more than the number of computers permitted by license, or permit the use, copying, or installation by more users, or on more computers than the number permitted by license.
You may not copy the Software except to extent that the licensed use inherently demands the creation of a temporary copy stored in computer memory and not permanently affixed on storage medium.
Level Editor. The Software includes a feature that allows you to create custom levels, maps, scenarios or other materials for use in connection with the Software (“Level Editor”). The following terms are specific to the Level Editor:
1. Level Editor can be used to create games, maps, levels, unique characteristics, and other content (“User Created Content”) that can only be used in conjunction with the Software.
2. IN EXCHANGE FOR YOUR USE OF THE SOFTWARE, ALL USER CREATED CONTENT DEVELOPED BY YOU IS AND SHALL REMAIN THE SOLE AND EXCLUSIVE PROPERTY OF SERENITY FORGE. WITHOUT LIMITING THE FOREGOING, YOU DO HEREBY ASSIGN AND SHALL ASSIGN TO SERENITY FORGE ALL OF YOUR RIGHT, TITLE AND INTEREST IN AND TO ALL OF YOUR USER CREATED CONTENT. If an assignment is not possible, either locally or anywhere in the world, you hereby grant to Serenity Forge a perpetual, worldwide exclusive, irrevocable, royalty-free, assignable, fully-sublicensable, unlimited license to use the User Created Content for any purpose, and in any way.
3. You hereby waive any moral rights of paternity, publication, reputation, or attribution with respect to Serenity Forge’s and other players’ use and enjoyment of such User Created Content.
Reservation of Rights and Ownership. The Software is licensed, not sold, to you for use under the terms of this Agreement. The Software is protected by copyright and other intellectual property rights in the Software. Except as expressly licensed to you herein, Serenity Forge and its suppliers reserve all right, title and interest in the Software and all associated copyrights, trademarks and other intellectual property rights therein. The Software may not be copied, reproduced, or distributed in any manner or medium, in whole or in part, without prior written consent from Serenity Forge.
Limitations on Reverse Engineering, Decompilation and Disassembly. You may not reverse engineer, decompile, or disassemble the Software by any means whatsoever, or alter, modify, enhance, or create a derivative work of the Software, or its accompanying documentation. You may not remove, alter or obscure any product identification, copyright or other intellectual property notices in the Software.
Support Not Included. Serenity Forge will not provide any support services under this Agreement. This Agreement does not give you any rights to upgrades or updates or any enhancements to the Software developed by Serenity Forge at any time in the future.
Updates to this Agreement. This Agreement applies to updates, supplements, add-on components, or internet-based services components of the Software that Serenity Forge may provide to you or make available to you after the date you obtain your initial copy of the Software. Further, this Agreement may be periodically updated from time to time. Your continued use of the Software after a revised Agreement has been posted at http://serenityforge.com/legal/EULA constitutes your acceptance of its terms.
Term and Termination. The term of this Agreement shall commence on the date that you install or otherwise use the Software and is effective until terminated by you or by Serenity Forge. Your rights under this Agreement will terminate immediately and automatically if you fail to comply with any of the terms and conditions of this Agreement, or upon destruction of your copy of the Software.
This Agreement automatically terminates if Serenity Forge determines or believes your use of the Software involves or may involve fraud or any other illicit activity, or upon your failure to comply with terms and conditions of this Agreement. If this Agreement terminates due to your violation of this Agreement, Serenity Forge may prohibit you from re-registering or re-accessing the Software. You will not be entitled to a refund for a termination initiated by either party pursuant this Section. The termination of this Agreement will not affect our rights or your obligations arising under this Agreement.
Promptly upon termination, you must cease all use of the Software, and destroy all copies in your possession. In the even that there is an internet-based component of the Software, Serenity Forge reserves the right to discontinue any internet-based services provided to you or available through the use of the Software.
Export Restrictions. You acknowledge that the Software is subject to U.S. export jurisdiction. You agree to comply with all applicable international and national laws that apply to the Software, including the U.S. Export Administration Regulations, as well as end-user, end-use and destination restrictions issued by the U.S. and other governments.
Limited Warranty. Serenity Forge warrants to you that at the time of purchase (if, and only if, you are the initial and original purchaser of the Software) the Software is compatible the applicable gaming platform meeting the minimum system requirements listed on http://serenityforge.com/games/lunaswanderingstars.html. However, due to variations in hardware, software, internet connections, and individual usage, Serenity Forge does not warrant the performance of the Software on your specific gaming platform. Serenity Forge does not warrant against interference with your enjoyment of the Software; that the Software will meet your requirements; or that the Software will be compatible with third-party software or hardware or that any errors in the Software will be corrected. You bear sole responsibility and all liability for any loss incurred due to failure of the Software to meet your requirements. Serenity Forge will not, under any circumstances, be responsible or liable for the loss of data on any computer or information storage device.
Disclaimer of Warranties. EXCEPT FOR THE WARRANTY PROVIDED IN THE SECTION ABOVE, THE SOFTWARE IS PROVIDED “AS IS” AND “AS AVAILABLE” AND ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SOFTWARE AND DOCUMENTATION, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED. SERENITY FORGE DOES NOT REPRESENT THAT THE USE OR OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE.
Restrictions on Transfer. Without first obtaining the express written consent of Serenity Forge, you may not assign your rights and obligations under this Agreement, or redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer your rights to the Software.
Limitation of Remedies and Damages. Your remedy for a breach of this Agreement or of any warranty included in this Agreement is the correction or replacement of the Software, or a refund of the purchase price for the Software. Selection of whether to correct replace, or refund shall be solely at the discretion of Serenity Forge. Serenity Forge reserves the right to substitute functionally equivalent software as a replacement for the Software. The limitations, exclusions and disclaimers (appearing anywhere in this Agreement) shall apply to the maximum extent permitted by applicable law, even if a remedy fails of its essential purpose.
IN NO EVENT WILL SERENITY FORGE BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE SOFTWARE OR THIS AGREEMENT, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY, OR OTHERWISE, WHETHER OR NOT SERENITY FORGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL SERENITY FORGE’S LIABILITY FOR ALL DAMAGES (EXCEPT AS REQUIRED BY APPLICABLE LAW) EXCEED THE ACTUAL PURCHASE PRICE PAID BY YOU FOR USE OF THE SOFTWARE.
Governing Law. This Agreement is governed by the laws of Colorado, without regard to its choice of law provisions.
Severability. If any provision of this Agreement shall be held to be invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect. To the extent any express or implied restrictions are not permitted by applicable laws, these express or implied restrictions shall remain in force and effect to the maximum extent permitted by such applicable laws.
Entire Agreement. This Agreement sets forth Serenity Forge’s entire liability and your exclusive remedy with respect to the Software, and the parties’ entire understanding with regard to the subject matter hereof.
IF YOU HAVE ANY QUESTIONS CONCERNING THIS AGREEMENT, YOU MAY CONTACT US IN WRITING AT: Serenity Forge, LLC 2237 Santa Fe Drive, Longmont, CO 80504. OR BY EMAIL AT: eulaconcerns@serenityforge.com