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Hero's Song
Early Access Alpha or Beta Test End User License Agreement
PLEASE READ THE FOLLOWING END USER LICENSE AGREEMENT ("AGREEMENT") BEFORE INSTALLING HERO’S SONG (COLLECTIVELY WITH ANY AND ALL FUTURE PATCHES OR UPDATES, THE "GAME SOFTWARE"). BY DOWNLOADING, INSTALLING, AND/OR OTHERWISE USING THE GAME SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS SET FORTH BELOW, YOU MAY NOT DOWNLOAD, INSTALL OR USE THE GAME SOFTWARE.
YOUR USE OF THE GAME SOFTWARE IS ALSO SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN THE STEAM® SUBSCRIBER AGREEMENT AND/OR ANY OTHER TERMS SET FORTH BY VALVE CORPORATION RELATING TO THE STEAM SERVICE.
YOU SPECIFICALLY AGREE, ACKNOWLEDGE AND ACCEPT THAT:
- THE GAME SOFTWARE IS MADE AVAILABLE AS A WORK IN PROGRESS AND AS PART OF AN EARLY ACCESS PROGRAM FOR EVALUATION, TUNING AND IMPROVEMENT PURPOSES ONLY IN ORDER TO ASSESS AND EVALUATE ITS PERFORMANCE -- INCLUDING GAME BALANCE, GAME CONTENT AND THE IDENTIFICATION OF ANY ERRORS, DEFECTS AND/OR BUGS;
- THE GAME SOFTWARE MAY (AND LIKELY WILL) CONTAIN ERRORS, DEFECTS AND/OR BUGS
- THE GAME SOFTWARE MAY AND PROBABLY WILL CRASH AND/OR CAUSE GAME DATA LOSS; AND
- YOU DOWNLOAD, INSTALL AND USE THE GAME SOFTWARE AT YOUR OWN RISK, KNOWING THAT IT IS PROVIDED "AS IS" AND WITH ERRORS, DEFECTS AND BUGS.
YOU ARE ADVISED TO BACKUP AND OTHERWISE SAFEGUARD ALL DATA AND SOFTWARE ON YOUR COMPUTER AND TO NOT RELY ON THE CORRECT FUNCTIONING OR PERFORMANCE OF THE GAME SOFTWARE.
1. Limited License Grant.
Subject to the terms of this Agreement, Pixelmage Games LLC ("Pixelmage") grants to you a personal, nontransferable, nonexclusive, revocable and limited right to download, install and use the Game Software in object code form for your personal, non-commercial use on a single computer or tablet at a time. This Game Software is licensed, not sold. All rights not granted to you herein are expressly reserved by Pixelmage.
2. Conditions and Restrictions.
Your license to download, install and use the Game Software is conditioned upon your strict compliance with the terms of this Agreement. You shall not:
(a) Sell, rent, distribute, copy or transfer the Game Software by any means;
(b) Commercially exploit the Game Software or any portion thereof;
(c) Reverse engineer, derive source code from, modify, adapt, merge, translate, disassemble, decompile, or create derivative works based on any element of the Game Software; or
(d) Remove or alter any notices or markings, such as trademark or copyright notices, set forth on or in the Game Software.
3. Ownership.
You acknowledge and agree that all title, ownership rights and intellectual property rights in and to the Game Software and all content therein are owned by Pixelmage and/or its licensor(s). The Game Software is protected by the copyright laws of the United States, international copyright treaties and conventions, United States and common law trademark laws, and other laws. All rights are reserved worldwide. The Game Software may contain certain third party licensed materials and licensors of those third party materials may enforce their rights in the event of any violation of this Agreement by you.
4. Your Feedback.
If you provide suggestions regarding the use, operation or functionality of the Game Software, or ideas/content for incorporation into the Game Software ("Feedback"), including but not limited to information about game design, game play, known or suspected bugs, errors or compatibility problems, or desired features, you hereby (i) to the extent permitted by law, grant to Pixelmage a royalty-free, nonexclusive, irrevocable and perpetual right to use, distribute, copy, modify, display, and publish the Feedback for any reason without any restrictions or payments to you or any third parties, (ii) agree that Pixelmage may sublicense its rights to Feedback to any party for any reason, (iii) waive all claims, including any moral rights, against Pixelmage or any sublicensee relating to use of the Feedback, and (iv) warrant to Pixelmage that the Feedback does not infringe any intellectual property right or other right of any third party.
5. Game Software Updates and Patches.
Pixelmage may provide updates, patches and other modifications to the Game Software that must be installed for the user to continue to play the game properly or at all. Pixelmage may update, patch or modify the Game Software remotely and access the Game Software residing on your machine for such purpose, and you hereby grant to Pixelmage the right to deploy and apply such patches, updates and modifications. All provisions of this Agreement that refer to the "Game Software" shall also include all such patches, updates and modifications.
6. Warranty Disclaimer and Limitation of Liability.
(a) Pixelmage provides no representation or warranty regarding the quality, function, availability, suitability, or any other aspect of the Game Software. Your use of the Software and participation in the Alpha or Beta Test is at your own risk. Pixelmage shall not be obligated to provide and technical support, warranties or remedies for the Game Software. PIXELMAGE DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTY OF NON-INFRINGEMENT, WITH RESPECT TO THE GAME SOFTWARE. THE GAME SOFTWARE IS PROVIDED "AS IS" AND WITHOUT WARRANTY. PIXELMAGE DOES NOT WARRANT THAT THE GAME SOFTWARE OR THE OPERATION OF THE GAME SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT THE GAME SOFTWARE WILL MEET YOUR SPECIFIC OR SPECIAL REQUIREMENTS. ADDITIONAL STATEMENTS, WHETHER ORAL OR WRITTEN, INCLUDING BUT NOT LIMITED TO THOSE MADE IN CHAT ROOMS OR ON MESSAGE BOARDS, DO NOT CONSTITUTE WARRANTIES BY PIXELMAGE AND SHOULD NOT BE RELIED UPON.
(b) PIXELMAGE, ANY OF ITS AFFILIATES, AND EACH OF THEIR OFFICERS, EMPLOYEES, MANAGERS, DIRECTORS, SHAREHOLDERS, REPRESENTATIVES, AGENTS, SUCCESSORS, AND ASSIGNS ("RELATED PARTIES") SHALL NOT BE LIABLE FOR LOSS OF DATA, LOSS OF PROFITS, LOST SAVINGS, SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES ARISING FROM ANY ALLEGED CLAIM FOR BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT PRODUCT LIABILITY, OR OTHER LEGAL THEORY EVEN IF PIXELMAGE OR ITS AGENT(S) HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES, OR EVEN IF SUCH DAMAGES ARE FORESEEABLE, OR BE LIABLE FOR ANY CLAIM BY ANY OTHER PARTY. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
(c) This section 6 shall survive the expiration or termination of this Agreement.
7. Injunctive Relief.
Your unauthorized use of the Game Software, or any part thereof, shall immediately and irreparably damage Pixelmage such that Pixelmage could not be adequately compensated solely by a monetary award, and in such event, Pixelmage shall be entitled to injunctive relief (in addition to all other available remedies, including a monetary damages) to prohibit such unauthorized use without the necessity of Pixelmage posting a bond or other security.
8. Miscellaneous.
This Agreement shall be governed by and construed in accordance with the laws of the State of California, United States of America, as if performed wholly within the state and without giving effect to the principles of conflict of law. This Agreement constitutes the entire Agreement between the parties with respect to the use of the Game Software, and supersedes all prior agreements and representations related thereto. It may be modified at any time by Pixelmage in its sole discretion by displaying such modification to you with a Game Software patch or update, and such modification shall be a part of this Agreement when the patch or update containing the modification is downloaded by you. If any portion of this Agreement is found to be void or unenforceable, the remaining provisions of this Agreement shall remain in full force and effect. You hereby agree to indemnify, defend and hold harmless Pixelmage and its Related Parties from and against all losses, lawsuits, damages, causes of action, and claims relating to and/or arising from your breach of this Agreement. Neither this Agreement nor any part or portion hereof may be assigned or sublicensed by you; but Pixelmage may assign this Agreement, in whole or in part, at any time in its discretion. If any provision of this Agreement is determined to be unenforceable by a court of competent jurisdiction, you agree to a modification of such provision to provide for enforcement of the provision's intent, to the extent permitted by applicable law. Failure of Pixelmage to enforce any provision of this Agreement shall not constitute or be construed as a waiver of such provision or of the right to enforce such provision. IMMEDIATELY UPON YOUR FAILURE TO COMPLY WITH, OR YOUR BREACH OF ANY TERM OR PROVISION OF THIS AGREEMENT, YOUR LICENSE GRANTED HEREIN AND THIS AGREEMENT SHALL AUTOMATICALLY TERMINATE, WITHOUT NOTICE. Immediately upon termination of this Agreement, any and all rights you are granted hereunder shall terminate, and you shall have no right to retain or use the Game Software in any manner.
Pixelmage Games LLC
11545 W. Bernardo Court, Suite 206
San Diego, CA 92127
Early Access Alpha or Beta Test End User License Agreement
PLEASE READ THE FOLLOWING END USER LICENSE AGREEMENT ("AGREEMENT") BEFORE INSTALLING HERO’S SONG (COLLECTIVELY WITH ANY AND ALL FUTURE PATCHES OR UPDATES, THE "GAME SOFTWARE"). BY DOWNLOADING, INSTALLING, AND/OR OTHERWISE USING THE GAME SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS SET FORTH BELOW, YOU MAY NOT DOWNLOAD, INSTALL OR USE THE GAME SOFTWARE.
YOUR USE OF THE GAME SOFTWARE IS ALSO SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN THE STEAM® SUBSCRIBER AGREEMENT AND/OR ANY OTHER TERMS SET FORTH BY VALVE CORPORATION RELATING TO THE STEAM SERVICE.
YOU SPECIFICALLY AGREE, ACKNOWLEDGE AND ACCEPT THAT:
- THE GAME SOFTWARE IS MADE AVAILABLE AS A WORK IN PROGRESS AND AS PART OF AN EARLY ACCESS PROGRAM FOR EVALUATION, TUNING AND IMPROVEMENT PURPOSES ONLY IN ORDER TO ASSESS AND EVALUATE ITS PERFORMANCE -- INCLUDING GAME BALANCE, GAME CONTENT AND THE IDENTIFICATION OF ANY ERRORS, DEFECTS AND/OR BUGS;
- THE GAME SOFTWARE MAY (AND LIKELY WILL) CONTAIN ERRORS, DEFECTS AND/OR BUGS
- THE GAME SOFTWARE MAY AND PROBABLY WILL CRASH AND/OR CAUSE GAME DATA LOSS; AND
- YOU DOWNLOAD, INSTALL AND USE THE GAME SOFTWARE AT YOUR OWN RISK, KNOWING THAT IT IS PROVIDED "AS IS" AND WITH ERRORS, DEFECTS AND BUGS.
YOU ARE ADVISED TO BACKUP AND OTHERWISE SAFEGUARD ALL DATA AND SOFTWARE ON YOUR COMPUTER AND TO NOT RELY ON THE CORRECT FUNCTIONING OR PERFORMANCE OF THE GAME SOFTWARE.
1. Limited License Grant.
Subject to the terms of this Agreement, Pixelmage Games LLC ("Pixelmage") grants to you a personal, nontransferable, nonexclusive, revocable and limited right to download, install and use the Game Software in object code form for your personal, non-commercial use on a single computer or tablet at a time. This Game Software is licensed, not sold. All rights not granted to you herein are expressly reserved by Pixelmage.
2. Conditions and Restrictions.
Your license to download, install and use the Game Software is conditioned upon your strict compliance with the terms of this Agreement. You shall not:
(a) Sell, rent, distribute, copy or transfer the Game Software by any means;
(b) Commercially exploit the Game Software or any portion thereof;
(c) Reverse engineer, derive source code from, modify, adapt, merge, translate, disassemble, decompile, or create derivative works based on any element of the Game Software; or
(d) Remove or alter any notices or markings, such as trademark or copyright notices, set forth on or in the Game Software.
3. Ownership.
You acknowledge and agree that all title, ownership rights and intellectual property rights in and to the Game Software and all content therein are owned by Pixelmage and/or its licensor(s). The Game Software is protected by the copyright laws of the United States, international copyright treaties and conventions, United States and common law trademark laws, and other laws. All rights are reserved worldwide. The Game Software may contain certain third party licensed materials and licensors of those third party materials may enforce their rights in the event of any violation of this Agreement by you.
4. Your Feedback.
If you provide suggestions regarding the use, operation or functionality of the Game Software, or ideas/content for incorporation into the Game Software ("Feedback"), including but not limited to information about game design, game play, known or suspected bugs, errors or compatibility problems, or desired features, you hereby (i) to the extent permitted by law, grant to Pixelmage a royalty-free, nonexclusive, irrevocable and perpetual right to use, distribute, copy, modify, display, and publish the Feedback for any reason without any restrictions or payments to you or any third parties, (ii) agree that Pixelmage may sublicense its rights to Feedback to any party for any reason, (iii) waive all claims, including any moral rights, against Pixelmage or any sublicensee relating to use of the Feedback, and (iv) warrant to Pixelmage that the Feedback does not infringe any intellectual property right or other right of any third party.
5. Game Software Updates and Patches.
Pixelmage may provide updates, patches and other modifications to the Game Software that must be installed for the user to continue to play the game properly or at all. Pixelmage may update, patch or modify the Game Software remotely and access the Game Software residing on your machine for such purpose, and you hereby grant to Pixelmage the right to deploy and apply such patches, updates and modifications. All provisions of this Agreement that refer to the "Game Software" shall also include all such patches, updates and modifications.
6. Warranty Disclaimer and Limitation of Liability.
(a) Pixelmage provides no representation or warranty regarding the quality, function, availability, suitability, or any other aspect of the Game Software. Your use of the Software and participation in the Alpha or Beta Test is at your own risk. Pixelmage shall not be obligated to provide and technical support, warranties or remedies for the Game Software. PIXELMAGE DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTY OF NON-INFRINGEMENT, WITH RESPECT TO THE GAME SOFTWARE. THE GAME SOFTWARE IS PROVIDED "AS IS" AND WITHOUT WARRANTY. PIXELMAGE DOES NOT WARRANT THAT THE GAME SOFTWARE OR THE OPERATION OF THE GAME SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT THE GAME SOFTWARE WILL MEET YOUR SPECIFIC OR SPECIAL REQUIREMENTS. ADDITIONAL STATEMENTS, WHETHER ORAL OR WRITTEN, INCLUDING BUT NOT LIMITED TO THOSE MADE IN CHAT ROOMS OR ON MESSAGE BOARDS, DO NOT CONSTITUTE WARRANTIES BY PIXELMAGE AND SHOULD NOT BE RELIED UPON.
(b) PIXELMAGE, ANY OF ITS AFFILIATES, AND EACH OF THEIR OFFICERS, EMPLOYEES, MANAGERS, DIRECTORS, SHAREHOLDERS, REPRESENTATIVES, AGENTS, SUCCESSORS, AND ASSIGNS ("RELATED PARTIES") SHALL NOT BE LIABLE FOR LOSS OF DATA, LOSS OF PROFITS, LOST SAVINGS, SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES ARISING FROM ANY ALLEGED CLAIM FOR BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT PRODUCT LIABILITY, OR OTHER LEGAL THEORY EVEN IF PIXELMAGE OR ITS AGENT(S) HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES, OR EVEN IF SUCH DAMAGES ARE FORESEEABLE, OR BE LIABLE FOR ANY CLAIM BY ANY OTHER PARTY. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
(c) This section 6 shall survive the expiration or termination of this Agreement.
7. Injunctive Relief.
Your unauthorized use of the Game Software, or any part thereof, shall immediately and irreparably damage Pixelmage such that Pixelmage could not be adequately compensated solely by a monetary award, and in such event, Pixelmage shall be entitled to injunctive relief (in addition to all other available remedies, including a monetary damages) to prohibit such unauthorized use without the necessity of Pixelmage posting a bond or other security.
8. Miscellaneous.
This Agreement shall be governed by and construed in accordance with the laws of the State of California, United States of America, as if performed wholly within the state and without giving effect to the principles of conflict of law. This Agreement constitutes the entire Agreement between the parties with respect to the use of the Game Software, and supersedes all prior agreements and representations related thereto. It may be modified at any time by Pixelmage in its sole discretion by displaying such modification to you with a Game Software patch or update, and such modification shall be a part of this Agreement when the patch or update containing the modification is downloaded by you. If any portion of this Agreement is found to be void or unenforceable, the remaining provisions of this Agreement shall remain in full force and effect. You hereby agree to indemnify, defend and hold harmless Pixelmage and its Related Parties from and against all losses, lawsuits, damages, causes of action, and claims relating to and/or arising from your breach of this Agreement. Neither this Agreement nor any part or portion hereof may be assigned or sublicensed by you; but Pixelmage may assign this Agreement, in whole or in part, at any time in its discretion. If any provision of this Agreement is determined to be unenforceable by a court of competent jurisdiction, you agree to a modification of such provision to provide for enforcement of the provision's intent, to the extent permitted by applicable law. Failure of Pixelmage to enforce any provision of this Agreement shall not constitute or be construed as a waiver of such provision or of the right to enforce such provision. IMMEDIATELY UPON YOUR FAILURE TO COMPLY WITH, OR YOUR BREACH OF ANY TERM OR PROVISION OF THIS AGREEMENT, YOUR LICENSE GRANTED HEREIN AND THIS AGREEMENT SHALL AUTOMATICALLY TERMINATE, WITHOUT NOTICE. Immediately upon termination of this Agreement, any and all rights you are granted hereunder shall terminate, and you shall have no right to retain or use the Game Software in any manner.
Pixelmage Games LLC
11545 W. Bernardo Court, Suite 206
San Diego, CA 92127