| Language: |
END-USER LICENSE AGREEMENT - VERSION I
STATEMENT OF AGREEMENT: THE EXPERT RIFLEMAN SIMULATION SOFTWARE IS LICENSED, NOT SOLD, AND MAY ONLY BE USED UNDER THE TERMS OF THIS END USER LICENSE AGREEMENT. INSTALLING, COPYING OR OTHERWISE USING EXPERT RIFLEMAN CONSTITUTES CONSENT BY YOU TO BE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT. IF YOU REJECT THIS LICENSE AGREEMENT YOU ARE NOT PERMITTED TO INSTALL, COPYING OR OTHERWISE USE EXPERT RIFLEMAN.
This End-User License Agreement (EULA) specifies the terms and conditions under which Expert Rifleman may be used, and is a legal agreement between you and BattleByte Games LLC for the BattleByte Games LLC's software that accompanies this EULA, which includes computer software and may include associated media, printed materials, "online" or electronic documentation, and Internet-based services ("Software"). Expert Rifleman and any updates, patches, printed or electronic documentation, and derivative works are the copyrighted work of BattleByte Games LLC or its licensors, protected by copyright laws and international copyright treaties. By selecting the ‘Accept Option’, breaking the seal on the software package or installing, copying or otherwise using this Software, You acknowledge that you understand, agree and are bound by the terms of this End-User License Agreement. If you are accepting on behalf of another entity, you represent and warrant that you have full legal authority to bind such entity to these Terms and Conditions. If you do not have legal authority to bind, or do not want to be bound by these Terms and Conditions, press the ‘Do Not Accept’ button.
By accepting this End-User License Agreement you acknowledge and agree to all terms and conditions contained therein. The terms of the license will govern any upgrades or patches provided by BattleByte Games LLC, unless the upgrade or patch is accompanied by a separate license in which case the terms of that license will govern. Any copying (except as expressly permitted by this license), reapplication, distribution, modification or other use of Expert Rifleman not expressly authorized by the terms of this License Agreement, is strictly prohibited unless expressly allowed by BattleByte Games LLC. BattleByte Games LLC reserves all rights not expressly granted to you.
LICENSE SCOPE: Conditional on your agreement to this License Agreement, BattleByte Games LLC grants you a limited, non-sublicensable, non-exclusive, non-transferable license. You may not redistribute, sell, rent, lease, lend, or sublicense Expert Rifleman. The structure, organization and code of Expert Rifleman Software are valuable trade secrets and confidential information of BattleByte Games LLC and its suppliers. You acknowledge that BattleByte Games LLC retains the ownership of all patents, copyrights, trade secrets, trademarks and other intellectual property rights pertaining to the Software, and that BattleByte Games LLC's ownership rights extend to any images, photographs, animations, videos, audio, music, text and applets incorporated into the Software and all accompanying printed materials. You are granted the right to use one instance of this software on any compatible devices which you own or control. You agree not to allow the use of Expert Rifleman on multiple devices at the same time.
LICENSE RESTRICTIONS ON USE: You may not, and you may not permit others, to attempt to disassemble or decryption, decode, decompilation, reverse engineer, circumvent or in any other way derive source code from, Expert Rifleman. You further agree to not attempt analysis of Expert Rifleman’s source code for the purpose of reverse engineering or to create visual models or charts of its object ordinated components or otherwise collect information from Expert Rifleman’s files or RAM locations. You agree not to attempt to recover any none code assets which may include but are not limited to 3D models, textures, and sounds. You may not modify, translate, adapt, alter, or create derivative works from the Software. Any attempt to modify or create derivative works of Expert Rifleman, or any updates or patches is strictly prohibited unless expressly allowed by BattleByte Games LLC. You may not copy (other than one back-up copy), distribute, publicly display, transmit, sell, rent, lease or otherwise exploit Expert Rifleman. Additionally, you may not distribute, sublicense, rent, lease, loan [or grant any third party access to or use of] Expert Rifleman to any third party. BattleByte Games LLC reserves all rights not expressly granted herein.
OWNERSHIP: Expert Rifleman is licensed, not sold. BattleByte Games LLC owns the title, copyright, and other intellectual property rights for the Expert Rifleman Simulation Software. Your possession, installation, or use of Expert Rifleman or related documentation does not transfer to you any title to the intellectual property in Expert Rifleman or its documentation.All ownership, intellectual property, and title rights are owned or licensed by BattleByte Games LLC including but not limited to computer code, 3D objects, animations, sounds, music, artwork, interfaces, audio-visual effects, interfaces, themes, dialog, storylines, plots, locations, concepts, height maps and landscape designs, titles, moral rights, and related documentation or manuals. Expert Rifleman may contain content licensed from third parties, who may enforce their right in the event of violation of this License Agreement. This License Agreement does not transfer any interest monetary or otherwise in Expert Rifleman to you.
TRADEMARKS AND SERVICE MARKS: Any and all trademarks or service marks that BattleByte Games LLC uses in connection with Expert Rifleman or with services rendered by BattleByte Games LLC are marks owned by BattleByte Games LLC. You agree not to remove or alter any copyright, trademark, registered mark and other proprietary notices on any copies of the Software. Breach of this contract terms may result in you being subject to prosecution and damages. Expert Rifleman and related materials are protected under the copyright laws of the United States and by international treaty provisions, applicable laws and conventions in the country, in which it is being used, as well as other intellectual property laws and treaties.
ASSIGNMENT: You agree that none of the rights, interests or obligations under this Agreement shall be assigned, IN WHOLE OR IN PART, by operation of law or otherwise to another party. Nothing in this Agreement, express or implied, is intended to or shall confer upon any other person any right, benefit or remedy of any nature whatsoever under or by reason of this Agreement.
TERMINATION: This License is effective until terminated by you or BattleByte Games LLC. If you fail to comply with the terms and conditions of this license agreement then the rights it grants are terminated upon breach of the contract. BattleByte Games LLC may terminate this Agreement at any time for any reason or no reason. Upon termination of this license agreement all rights granted by this license will cease and you must delete all copies, full or partial of Expert Rifleman.
NO WARRANTY: NEITHER BATTLEBYTE GAMES LLC ITS EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS NOR ITS LICENSORS PROVIDE A WARRANTY WITH THIS SOFTWARE SIMULATION (EXPERT RIFLEMAN). NO WRITTEN OR ORAL ADVICE OR INFORMATION PROVIDED BY BATTLEBYTE GAMES LLC, ITS ASSOCIATES, OR ITS AUTHORIZED REPRESENTATIVES SHALL BE CONSTRUED AS CREATING A WARRANTY. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED SOFTWARE (EXPERT RIFLEMAN) IS SOLELY AT YOUR OWN RISK, AND THAT THE ENTIRE RISK ARISING THEREOF REMAINS WITH YOU. EXPERT RIFLEMAN AND ANY DOCUMENTATION ARE PROVIDED "AS IS" WITH ALL FAULTS AND WITHOUT ANY WARRANTY OF ANY KIND (EXPRESS, IMPLIED, OR STATUTORY). INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF CONDITION, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, ENJOYMENT, OR NONINFRINGEMENT. BATTLEBYTE GAMES LLC DOES NOT WARRANTY THAT EXPERT RIFLEMAN WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY REPAIR, SERVICING OR CORRECTION. BATTLEBYTE GAMES LLC DOES NOT IN ANY WAY IMPLY THAT EXPERT RIFLEMAN WILL MEET YOUR REQUIREMENTS, IS SUITABLE FOR A PARTICULAR USE OR PURPOSE OR THAT IT IS APPROPRIATE FOR ALL AUDIENCES, THE ENTIRE RISK OF USE REMAINS WITH YOU. BATTLEBYTE GAMES LLC FURTHER DOES NOT WARRANT THAT FUTURE UPDATES OR PATCHES WILL FUNCTION ON YOUR SYSTEM. BATTLEBYTE GAMES LLC EXPRESSLY DISCLAIMS ALL WARRANTIES TO THE FULLEST EXTENT PERMITTED BY LAW.
BATTLEBYTE STORE: If you purchased Expert Rifleman, from the BattleByte Store you can download and install or reinstall this game as many times as wanted as long as you continue to abide by the terms of this License Agreement. You understand and agree that the direct download service is provided by BattleByte Games LLC at its discretion and may be terminated or otherwise discontinued by BattleByte Games LLC pursuant to the Terms of Use of the BattleByte Store. The Software is provided "as is" without warranty of any kind, either express or implied, including without limitation any implied warranties of condition, uninterrupted use, merchantability, fitness for a particular purpose, or non-infringement.
LIMITATION OF LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BATTLEBYTE GAMES LLC BE LIABLE TO YOU OR ANY PARTY RELATED TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR LOST PROFITS, REVENUE, DATA OR USE OF THE BATTLEBYTE GAMES LLC SOFTWARE AND DOWNLOADS OR RELATED PRODUCTS, EVEN IF BATTLEBYTE GAMES LLC HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES, WHETHER ARISING UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABLILITY, BREACH OF WARRANTY, MISREPRESENTATION, OR OTHERWISE. IN ANY EVENT BATTLEBYTE GAMES LLC AND ITS AFFILITATES AGGREGATE LIABILITY UNDER THIS AGREEMENT WITH RESPECT TO ANY CLAIM RELATING TO PURCHASE OF DIGITAL CONTENT IS LIMITED TO THE AMOUNT YOU ACTUALLY PAID FOR THAT DIGITAL CONTENT OR ONE U.S. DOLLAR ($1.00).
INDEMNIFICATION: You agree to indemnify, defend and hold harmless BattleByte Games LLC, and their respective representatives and affiliates from any and all claims, losses, liabilities, damages, fees, expenses and cost which result from any claim, including attorneys' fees, court costs, damage awards and settlement amounts or demand made by any third party in connection with or arising out of your use of the Expert Rifleman Simulation Software, your violation of any terms or conditions of this Software License Agreement, your violation of applicable laws, or your violation of any rights of another person or entity.
EQUITABLE REMEDIES: You hereby agree that any breach of this License Agreement would result in irreparable damage to BattleByte Games LLC, and consequently, you agree that BattleByte Games LLC shall be entitled to immediately seek enforcement of this license agreement by means of specific performance or injunction, without any requirement to post bond, other security, or proof of damages. Additionally, you acknowledge that the restrictions contained in this License Agreement are reasonable and necessary to protect BattleByte Games LLC's legitimate interests in protecting its business and any violation of the restrictions contained in this License Agreement will cause significant and irreparable harm to BattleByte Games LLC for which BattleByte Games LLC has no adequate remedy at law. You agree that the prevailing party in a litigation connected with this License Agreement will recover from the other party all costs, attorneys’ fees and expenses incurred by the prevailing party in the litigation.
INFORMAL NEGOTIATIONS: To resolve disputes, controversy or claims related to this License Agreement You and BattleByte Games LLC will negotiate for no less than sixty days. Informal negotiations will begin with written notice, either by standard mail or email.
BINDING ARBITRATION: Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by an arbitrator located in Tioga County in New York State, USA. If a dispute between you and BattleByte Games LLC cannot be resolved through informal negotiations, either you or BattleByte Games LLC may elect to have the dispute resolved by binding arbitration (except for Disputes excluded under EXCEPTIONS TO INFORMAL NEGOTIATIONS AND ARBITRATION listed below). LICENSER AND LICENSEE HEREBY IRREVOCABLY WAIVES THEIR RESPECTIVE RIGHTS TO A JURY TRIAL IN ANY LEGAL PROCEEDING OR CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY. YOU UNDERSTAND THAT THIS PROVISION NEGATES YOUR RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. IN THE EVENT OF LITIGATION, A COPY OF THIS AGREEMENT MAY BE FILED AS A WRITTEN CONSENT TO A TRIAL BY THE COURT.
EXCEPTIONS TO INFORMAL NEGOTIATIONS AND ARBITRATION: You and BattleByte Games LLC agree that Disputes to enforce or protect intellectual property rights, allegations of theft, piracy, invasion of privacy or unauthorized use, and any claim of injunctive relief, are not subject to the above provisions concerning INFORMAL NEGOTIATIONS AND BINDING ARBITRATION.
RESTRICTIONS: Arbitration shall be limited to the Dispute between You and BattleByte Games LLC. To the full extent permitted by law, no arbitration shall be joined with another; there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and there is no right or authority for any Dispute to be brought in an alleged representative capacity on behalf of the general public or any other persons.
LOCATION: Arbitration shall be initiated in the County of Tioga, State of New York, United States of America. Any Dispute not subject to arbitration, or where no election to arbitrate has been made, shall be decided by a court of competent jurisdiction within the County of Tioga, State of New York, United States of America. You and BattleByte Games LLC agree to submit to the jurisdiction of that court.
Any action or proceeding seeking to enforce any provision of, or based on any right arising out of, this License Agreement shall be brought against any of the parties only in the courts of the State of New York or, if it has or can acquire jurisdiction, in the courts of the United States of America located in Tioga County, New York, and EACH OF THE PARTIES HERETO CONSENTS TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS (AND OF THE APPROPRIATE APPELLATE COURTS) IN ANY SUCH ACTION OR PROCEEDING, WAIVES ANY OBJECTION TO VENUE LAID THEREIN AND AGREES NOT TO PLEAD OR CLAIM IN ANY SUCH COURTS THAT SUCH PROCEEDING BROUGHT THEREIN HAS BEEN BROUGHT IN ANY INCONVENIENT FORUM.
GOVERNING LAW: This Agreement shall be governed, construed, and enforced in accordance with the Laws of the United States of America and laws of the State of Delaware, without regard to the conflicts of laws provisions therein.
FORCE MAJEURE: BattleByte Games LLC shall not be deemed in default of this License Agreement, nor shall you hold BattleByte Games LLC responsible for, any cessation, interruption or delay in the performance of its obligations due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, boycott or other similar events beyond the reasonable control of BattleByte Games LLC, provided that BattleByte Games LLC relying upon this provision: (i) takes all steps reasonably necessary to mitigate the effects of the force majeure event. (ii) If a force majeure event extends for a period in excess of 30 days in the aggregate, either Party may immediately terminate this Agreement upon written notice.
SEVERABILITY: You and BattleByte Games LLC agree that in the event any section or portion of a section of the License Agreement is determined to be invalid or unenforceable, THE REMAINDER OF THIS LICENSE AGREEMENT SHALL REMAIN IN FULL FORCE AND EFFECT.
CHANGES TO THE AGREEMENT OR AMENDMENT: BattleByte Games LLC may amend the terms and conditions of this End-User License Agreement at any time by reasonable notice, including without limitation by posting revised terms on its website or including a revised license agreement with a patch or update, the amended or revised license terms and conditions shall be binding upon you.
EXPORT CONTROLS: You must comply with all export and re-export restrictions and regulations, and you must not transfer, or encourage, assist, or authorize the transfer of BattleByte Games LLC's digital content, or BattleByte Games LLC's Software to a prohibited country. Expert Rifleman may not be re-exported, downloaded or otherwise exported into any country in which the United States has an embargo for goods, trade or other restriction of any kind. You signify and warrant that you are not located in, under the control of, or a national or resident of any such country.
STATEMENT OF AGREEMENT: THE EXPERT RIFLEMAN SIMULATION SOFTWARE IS LICENSED, NOT SOLD, AND MAY ONLY BE USED UNDER THE TERMS OF THIS END USER LICENSE AGREEMENT. INSTALLING, COPYING OR OTHERWISE USING EXPERT RIFLEMAN CONSTITUTES CONSENT BY YOU TO BE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT. IF YOU REJECT THIS LICENSE AGREEMENT YOU ARE NOT PERMITTED TO INSTALL, COPYING OR OTHERWISE USE EXPERT RIFLEMAN.
This End-User License Agreement (EULA) specifies the terms and conditions under which Expert Rifleman may be used, and is a legal agreement between you and BattleByte Games LLC for the BattleByte Games LLC's software that accompanies this EULA, which includes computer software and may include associated media, printed materials, "online" or electronic documentation, and Internet-based services ("Software"). Expert Rifleman and any updates, patches, printed or electronic documentation, and derivative works are the copyrighted work of BattleByte Games LLC or its licensors, protected by copyright laws and international copyright treaties. By selecting the ‘Accept Option’, breaking the seal on the software package or installing, copying or otherwise using this Software, You acknowledge that you understand, agree and are bound by the terms of this End-User License Agreement. If you are accepting on behalf of another entity, you represent and warrant that you have full legal authority to bind such entity to these Terms and Conditions. If you do not have legal authority to bind, or do not want to be bound by these Terms and Conditions, press the ‘Do Not Accept’ button.
By accepting this End-User License Agreement you acknowledge and agree to all terms and conditions contained therein. The terms of the license will govern any upgrades or patches provided by BattleByte Games LLC, unless the upgrade or patch is accompanied by a separate license in which case the terms of that license will govern. Any copying (except as expressly permitted by this license), reapplication, distribution, modification or other use of Expert Rifleman not expressly authorized by the terms of this License Agreement, is strictly prohibited unless expressly allowed by BattleByte Games LLC. BattleByte Games LLC reserves all rights not expressly granted to you.
LICENSE SCOPE: Conditional on your agreement to this License Agreement, BattleByte Games LLC grants you a limited, non-sublicensable, non-exclusive, non-transferable license. You may not redistribute, sell, rent, lease, lend, or sublicense Expert Rifleman. The structure, organization and code of Expert Rifleman Software are valuable trade secrets and confidential information of BattleByte Games LLC and its suppliers. You acknowledge that BattleByte Games LLC retains the ownership of all patents, copyrights, trade secrets, trademarks and other intellectual property rights pertaining to the Software, and that BattleByte Games LLC's ownership rights extend to any images, photographs, animations, videos, audio, music, text and applets incorporated into the Software and all accompanying printed materials. You are granted the right to use one instance of this software on any compatible devices which you own or control. You agree not to allow the use of Expert Rifleman on multiple devices at the same time.
LICENSE RESTRICTIONS ON USE: You may not, and you may not permit others, to attempt to disassemble or decryption, decode, decompilation, reverse engineer, circumvent or in any other way derive source code from, Expert Rifleman. You further agree to not attempt analysis of Expert Rifleman’s source code for the purpose of reverse engineering or to create visual models or charts of its object ordinated components or otherwise collect information from Expert Rifleman’s files or RAM locations. You agree not to attempt to recover any none code assets which may include but are not limited to 3D models, textures, and sounds. You may not modify, translate, adapt, alter, or create derivative works from the Software. Any attempt to modify or create derivative works of Expert Rifleman, or any updates or patches is strictly prohibited unless expressly allowed by BattleByte Games LLC. You may not copy (other than one back-up copy), distribute, publicly display, transmit, sell, rent, lease or otherwise exploit Expert Rifleman. Additionally, you may not distribute, sublicense, rent, lease, loan [or grant any third party access to or use of] Expert Rifleman to any third party. BattleByte Games LLC reserves all rights not expressly granted herein.
OWNERSHIP: Expert Rifleman is licensed, not sold. BattleByte Games LLC owns the title, copyright, and other intellectual property rights for the Expert Rifleman Simulation Software. Your possession, installation, or use of Expert Rifleman or related documentation does not transfer to you any title to the intellectual property in Expert Rifleman or its documentation.All ownership, intellectual property, and title rights are owned or licensed by BattleByte Games LLC including but not limited to computer code, 3D objects, animations, sounds, music, artwork, interfaces, audio-visual effects, interfaces, themes, dialog, storylines, plots, locations, concepts, height maps and landscape designs, titles, moral rights, and related documentation or manuals. Expert Rifleman may contain content licensed from third parties, who may enforce their right in the event of violation of this License Agreement. This License Agreement does not transfer any interest monetary or otherwise in Expert Rifleman to you.
TRADEMARKS AND SERVICE MARKS: Any and all trademarks or service marks that BattleByte Games LLC uses in connection with Expert Rifleman or with services rendered by BattleByte Games LLC are marks owned by BattleByte Games LLC. You agree not to remove or alter any copyright, trademark, registered mark and other proprietary notices on any copies of the Software. Breach of this contract terms may result in you being subject to prosecution and damages. Expert Rifleman and related materials are protected under the copyright laws of the United States and by international treaty provisions, applicable laws and conventions in the country, in which it is being used, as well as other intellectual property laws and treaties.
ASSIGNMENT: You agree that none of the rights, interests or obligations under this Agreement shall be assigned, IN WHOLE OR IN PART, by operation of law or otherwise to another party. Nothing in this Agreement, express or implied, is intended to or shall confer upon any other person any right, benefit or remedy of any nature whatsoever under or by reason of this Agreement.
TERMINATION: This License is effective until terminated by you or BattleByte Games LLC. If you fail to comply with the terms and conditions of this license agreement then the rights it grants are terminated upon breach of the contract. BattleByte Games LLC may terminate this Agreement at any time for any reason or no reason. Upon termination of this license agreement all rights granted by this license will cease and you must delete all copies, full or partial of Expert Rifleman.
NO WARRANTY: NEITHER BATTLEBYTE GAMES LLC ITS EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS NOR ITS LICENSORS PROVIDE A WARRANTY WITH THIS SOFTWARE SIMULATION (EXPERT RIFLEMAN). NO WRITTEN OR ORAL ADVICE OR INFORMATION PROVIDED BY BATTLEBYTE GAMES LLC, ITS ASSOCIATES, OR ITS AUTHORIZED REPRESENTATIVES SHALL BE CONSTRUED AS CREATING A WARRANTY. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED SOFTWARE (EXPERT RIFLEMAN) IS SOLELY AT YOUR OWN RISK, AND THAT THE ENTIRE RISK ARISING THEREOF REMAINS WITH YOU. EXPERT RIFLEMAN AND ANY DOCUMENTATION ARE PROVIDED "AS IS" WITH ALL FAULTS AND WITHOUT ANY WARRANTY OF ANY KIND (EXPRESS, IMPLIED, OR STATUTORY). INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF CONDITION, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, ENJOYMENT, OR NONINFRINGEMENT. BATTLEBYTE GAMES LLC DOES NOT WARRANTY THAT EXPERT RIFLEMAN WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY REPAIR, SERVICING OR CORRECTION. BATTLEBYTE GAMES LLC DOES NOT IN ANY WAY IMPLY THAT EXPERT RIFLEMAN WILL MEET YOUR REQUIREMENTS, IS SUITABLE FOR A PARTICULAR USE OR PURPOSE OR THAT IT IS APPROPRIATE FOR ALL AUDIENCES, THE ENTIRE RISK OF USE REMAINS WITH YOU. BATTLEBYTE GAMES LLC FURTHER DOES NOT WARRANT THAT FUTURE UPDATES OR PATCHES WILL FUNCTION ON YOUR SYSTEM. BATTLEBYTE GAMES LLC EXPRESSLY DISCLAIMS ALL WARRANTIES TO THE FULLEST EXTENT PERMITTED BY LAW.
BATTLEBYTE STORE: If you purchased Expert Rifleman, from the BattleByte Store you can download and install or reinstall this game as many times as wanted as long as you continue to abide by the terms of this License Agreement. You understand and agree that the direct download service is provided by BattleByte Games LLC at its discretion and may be terminated or otherwise discontinued by BattleByte Games LLC pursuant to the Terms of Use of the BattleByte Store. The Software is provided "as is" without warranty of any kind, either express or implied, including without limitation any implied warranties of condition, uninterrupted use, merchantability, fitness for a particular purpose, or non-infringement.
LIMITATION OF LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BATTLEBYTE GAMES LLC BE LIABLE TO YOU OR ANY PARTY RELATED TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR LOST PROFITS, REVENUE, DATA OR USE OF THE BATTLEBYTE GAMES LLC SOFTWARE AND DOWNLOADS OR RELATED PRODUCTS, EVEN IF BATTLEBYTE GAMES LLC HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES, WHETHER ARISING UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABLILITY, BREACH OF WARRANTY, MISREPRESENTATION, OR OTHERWISE. IN ANY EVENT BATTLEBYTE GAMES LLC AND ITS AFFILITATES AGGREGATE LIABILITY UNDER THIS AGREEMENT WITH RESPECT TO ANY CLAIM RELATING TO PURCHASE OF DIGITAL CONTENT IS LIMITED TO THE AMOUNT YOU ACTUALLY PAID FOR THAT DIGITAL CONTENT OR ONE U.S. DOLLAR ($1.00).
INDEMNIFICATION: You agree to indemnify, defend and hold harmless BattleByte Games LLC, and their respective representatives and affiliates from any and all claims, losses, liabilities, damages, fees, expenses and cost which result from any claim, including attorneys' fees, court costs, damage awards and settlement amounts or demand made by any third party in connection with or arising out of your use of the Expert Rifleman Simulation Software, your violation of any terms or conditions of this Software License Agreement, your violation of applicable laws, or your violation of any rights of another person or entity.
EQUITABLE REMEDIES: You hereby agree that any breach of this License Agreement would result in irreparable damage to BattleByte Games LLC, and consequently, you agree that BattleByte Games LLC shall be entitled to immediately seek enforcement of this license agreement by means of specific performance or injunction, without any requirement to post bond, other security, or proof of damages. Additionally, you acknowledge that the restrictions contained in this License Agreement are reasonable and necessary to protect BattleByte Games LLC's legitimate interests in protecting its business and any violation of the restrictions contained in this License Agreement will cause significant and irreparable harm to BattleByte Games LLC for which BattleByte Games LLC has no adequate remedy at law. You agree that the prevailing party in a litigation connected with this License Agreement will recover from the other party all costs, attorneys’ fees and expenses incurred by the prevailing party in the litigation.
INFORMAL NEGOTIATIONS: To resolve disputes, controversy or claims related to this License Agreement You and BattleByte Games LLC will negotiate for no less than sixty days. Informal negotiations will begin with written notice, either by standard mail or email.
BINDING ARBITRATION: Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by an arbitrator located in Tioga County in New York State, USA. If a dispute between you and BattleByte Games LLC cannot be resolved through informal negotiations, either you or BattleByte Games LLC may elect to have the dispute resolved by binding arbitration (except for Disputes excluded under EXCEPTIONS TO INFORMAL NEGOTIATIONS AND ARBITRATION listed below). LICENSER AND LICENSEE HEREBY IRREVOCABLY WAIVES THEIR RESPECTIVE RIGHTS TO A JURY TRIAL IN ANY LEGAL PROCEEDING OR CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY. YOU UNDERSTAND THAT THIS PROVISION NEGATES YOUR RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. IN THE EVENT OF LITIGATION, A COPY OF THIS AGREEMENT MAY BE FILED AS A WRITTEN CONSENT TO A TRIAL BY THE COURT.
EXCEPTIONS TO INFORMAL NEGOTIATIONS AND ARBITRATION: You and BattleByte Games LLC agree that Disputes to enforce or protect intellectual property rights, allegations of theft, piracy, invasion of privacy or unauthorized use, and any claim of injunctive relief, are not subject to the above provisions concerning INFORMAL NEGOTIATIONS AND BINDING ARBITRATION.
RESTRICTIONS: Arbitration shall be limited to the Dispute between You and BattleByte Games LLC. To the full extent permitted by law, no arbitration shall be joined with another; there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and there is no right or authority for any Dispute to be brought in an alleged representative capacity on behalf of the general public or any other persons.
LOCATION: Arbitration shall be initiated in the County of Tioga, State of New York, United States of America. Any Dispute not subject to arbitration, or where no election to arbitrate has been made, shall be decided by a court of competent jurisdiction within the County of Tioga, State of New York, United States of America. You and BattleByte Games LLC agree to submit to the jurisdiction of that court.
Any action or proceeding seeking to enforce any provision of, or based on any right arising out of, this License Agreement shall be brought against any of the parties only in the courts of the State of New York or, if it has or can acquire jurisdiction, in the courts of the United States of America located in Tioga County, New York, and EACH OF THE PARTIES HERETO CONSENTS TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS (AND OF THE APPROPRIATE APPELLATE COURTS) IN ANY SUCH ACTION OR PROCEEDING, WAIVES ANY OBJECTION TO VENUE LAID THEREIN AND AGREES NOT TO PLEAD OR CLAIM IN ANY SUCH COURTS THAT SUCH PROCEEDING BROUGHT THEREIN HAS BEEN BROUGHT IN ANY INCONVENIENT FORUM.
GOVERNING LAW: This Agreement shall be governed, construed, and enforced in accordance with the Laws of the United States of America and laws of the State of Delaware, without regard to the conflicts of laws provisions therein.
FORCE MAJEURE: BattleByte Games LLC shall not be deemed in default of this License Agreement, nor shall you hold BattleByte Games LLC responsible for, any cessation, interruption or delay in the performance of its obligations due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, boycott or other similar events beyond the reasonable control of BattleByte Games LLC, provided that BattleByte Games LLC relying upon this provision: (i) takes all steps reasonably necessary to mitigate the effects of the force majeure event. (ii) If a force majeure event extends for a period in excess of 30 days in the aggregate, either Party may immediately terminate this Agreement upon written notice.
SEVERABILITY: You and BattleByte Games LLC agree that in the event any section or portion of a section of the License Agreement is determined to be invalid or unenforceable, THE REMAINDER OF THIS LICENSE AGREEMENT SHALL REMAIN IN FULL FORCE AND EFFECT.
CHANGES TO THE AGREEMENT OR AMENDMENT: BattleByte Games LLC may amend the terms and conditions of this End-User License Agreement at any time by reasonable notice, including without limitation by posting revised terms on its website or including a revised license agreement with a patch or update, the amended or revised license terms and conditions shall be binding upon you.
EXPORT CONTROLS: You must comply with all export and re-export restrictions and regulations, and you must not transfer, or encourage, assist, or authorize the transfer of BattleByte Games LLC's digital content, or BattleByte Games LLC's Software to a prohibited country. Expert Rifleman may not be re-exported, downloaded or otherwise exported into any country in which the United States has an embargo for goods, trade or other restriction of any kind. You signify and warrant that you are not located in, under the control of, or a national or resident of any such country.