| Language: |
Blacklight Editor
TERMS OF USE
April 2016
The Blacklight Editor contains certain design, programming and processing utilities, tools, assets and other resources for use with the Blacklight Retribution game that allow you to create custom new game levels and other related game materials for personal use in connection with Blacklight Retribution ("New Game Materials"). You agree that your use of the Blacklight Editor is subject to the Terms of Service found at http://www.arcgames.com/en/about/terms and the following additional license terms and restrictions:
Hardsuit Labs grants you the non-exclusive, non-transferable, limited right and license to use the Blacklight Editor solely for your own personal, non-commercial use in order to create the New Game Materials. All rights not specifically granted under this Agreement are reserved by Hardsuit Labs and, as applicable, Hardsuit Labs’ licensors. Blacklight Editor is licensed, not sold. This license confers no title or ownership in the Blacklight Editor and should not be construed as a sale of any rights in the Blacklight Editor.
You agree that, as a condition to your using the Blacklight Editor, you will not use or allow third parties to use the Blacklight Editor and/or the New Game Materials created by you for any commercial purposes, including, but not limited to, selling, renting, leasing, licensing, distributing, or otherwise transferring the ownership of the Blacklight Editor or the New Game Materials, whether on a standalone basis or packaged in combination with the New Game Materials created by others, through any commercial distribution channels, including, without limitation, retail sales and on-line electronic distribution; provided, however, notwithstanding the foregoing, you can make New Game Materials available to other gamers at no charge.
New Game Materials may be created only if such New Game Materials can be used exclusively in combination with the online version of Blacklight Retribution. New Game Materials may not be designed to be used as a standalone product. New Game Materials you create using the Blacklight Editor are subject to the following rules and restrictions:
Other Prohibited uses of New Game Materials published using The Blacklight Editor:
You understand and agree that you shall retain no rights of any kind in and to Blacklight Retribution, the Blacklight Editor, or the New Game Materials produced using the Blacklight Editor and that all New Game Materials and all rights therein shall belong solely to Hardsuit Labs, to use as it sees fit. You hereby irrevocably assign (and agree to assign) and transfer to Hardsuit Labs, free and clear of any restrictions or encumbrances, without any compensation beyond the consideration provided herein, any and all rights, title and interest that you may have in and to such New Game Materials. This assignment includes, without limitation, all worldwide copyrights and patent rights in and to such New Game Materials and the right to sue for past and future infringements. You hereby agree to cooperate with Hardsuit Labs in connection with the protection thereof and shall execute such documents (like further deed of transfer or assignment), if any, as needed by Hardsuit Labs to perfect its rights hereunder. You agree not to remove, disable or circumvent any proprietary notices or labels contained on or within the Blacklight Editor.
Further, to the extent the assignments mentioned herein do not transfer any ownership interest in or to Blacklight Retribution, the Blacklight Editor, or the New Game Materials, you expressly grant to Hardsuit Labs and our licensors all consents, clearances and a non-exclusive, perpetual, worldwide, complete, sub-licensable and irrevocable right to make, use, sell, offer for sale, import or otherwise exploit, re-post, publish, use, quote, adapt, translate, archive, store, reproduce, modify, create derivative works from, syndicate, license, print, sublicense, distribute, transmit, broadcast, otherwise communicate, and publicly display and perform the New Game Materials, or any portion thereof, in any manner or form and in any medium or forum, whether now known or hereafter devised, without notice, acknowledgment or compensation to you. You waive and agree not to assert any moral or similar rights you may have in the New Game Materials.
THERE ARE NO WARRANTIES, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND NO OTHER REPRESENTATIONS OR CLAIMS OF ANY KIND SHALL BE BINDING ON OR OBLIGATE HARDSUIT LABS. THE BLACKLIGHT EDITOR ARE PROVIDED TO YOU “AS IS.” Hardsuit Labs does not provide technical or customer support for the Blacklight Editor or the New Game Materials created by using the Blacklight Editor. All use of such materials is at your own risk.
IN NO EVENT WILL HARDSUIT LABS BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, USE OR MALFUNCTION OF THE BLACKLIGHT EDITOR, INCLUDING DAMAGES TO PROPERTY, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, EVEN IF HARDSUIT LABS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. HARDSUIT LABS’ LIABILITY SHALL NOT EXCEED THE ACTUAL PRICE PAID BY YOU TO HARDSUIT LABS FOR THE LICENSE TO USE THE BLACKLIGHT EDITOR. SOME STATES/COUNTRIES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS AND/OR THE EXCLUSION OR LIMITAION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITAIONS AND/OR EXCLUSION OR LIMITAION OF LIABILITY MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
Without prejudice to any other rights of Hardsuit Labs, the rights to use the Blacklight Editor and the other rights granted to you hereunder will terminate automatically if you fail to comply with these Terms of Use. In such event, you must destroy all copies of the Blacklight Editor and New Game Materials created by you or in your possession.
Because Hardsuit Labs would be irreparably damaged if these Terms of Use were not specifically enforced, you agree that Hardsuit Labs shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to breaches of these Terms of Use, in addition to such other remedies as Hardsuit Labs may otherwise have under applicable laws.
You agree to indemnify, defend and hold Hardsuit Labs, its partners, licensors, affiliates, contractors, officers, directors, employees and agents harmless from all damages, losses and expenses arising directly or indirectly from your acts and omissions to act in using the Blacklight Editor and creating the New Game Materials pursuant to these Terms of Use.
TERMS OF USE
April 2016
The Blacklight Editor contains certain design, programming and processing utilities, tools, assets and other resources for use with the Blacklight Retribution game that allow you to create custom new game levels and other related game materials for personal use in connection with Blacklight Retribution ("New Game Materials"). You agree that your use of the Blacklight Editor is subject to the Terms of Service found at http://www.arcgames.com/en/about/terms and the following additional license terms and restrictions:
Hardsuit Labs grants you the non-exclusive, non-transferable, limited right and license to use the Blacklight Editor solely for your own personal, non-commercial use in order to create the New Game Materials. All rights not specifically granted under this Agreement are reserved by Hardsuit Labs and, as applicable, Hardsuit Labs’ licensors. Blacklight Editor is licensed, not sold. This license confers no title or ownership in the Blacklight Editor and should not be construed as a sale of any rights in the Blacklight Editor.
You agree that, as a condition to your using the Blacklight Editor, you will not use or allow third parties to use the Blacklight Editor and/or the New Game Materials created by you for any commercial purposes, including, but not limited to, selling, renting, leasing, licensing, distributing, or otherwise transferring the ownership of the Blacklight Editor or the New Game Materials, whether on a standalone basis or packaged in combination with the New Game Materials created by others, through any commercial distribution channels, including, without limitation, retail sales and on-line electronic distribution; provided, however, notwithstanding the foregoing, you can make New Game Materials available to other gamers at no charge.
New Game Materials may be created only if such New Game Materials can be used exclusively in combination with the online version of Blacklight Retribution. New Game Materials may not be designed to be used as a standalone product. New Game Materials you create using the Blacklight Editor are subject to the following rules and restrictions:
Other Prohibited uses of New Game Materials published using The Blacklight Editor:
- You may not use New Game Materials to endorse or oppose any political party, association (e.g., Republican, Democrat, candidates, or otherwise) or any side of any issue.
- You may not use New Game Materials to depict a likeness of any real person (historical or present day).
- You may not use New Game Materials to advertise any businesses, products or services of any party.
- You may not publish web URLs in your content.
- New Game Materials must not contain any illegal or defamatory materials.
- You may not use New Game Materials to convey any profanity, vulgarity, hate language, explicit sexual language, derogatory references to race, gender, religion, age, mental or physical impairment, obesity or sexual orientation, or reference any drugs (legal or illicit) or medication.
- You may not make use of any copyrighted or trademarked material of third parties, without obtaining irrevocable, written licenses granted specifically for that purpose.
- You may not use New Game Materials or the Blacklight Editor to exploit the design or function of Blacklight Retribution.
- You may not use New Game Materials to infringe on the rights of privacy or publicity of third parties.
- New Game Materials must contain prominent identification at least in any online description and within any documentation files provided with the New Game Materials: (a) the name and E-mail address of the New Game Materials’ creator(s) and (b) the words “THIS MATERIAL IS NOT MADE OR SUPPORTED BY HARDSUIT LABS".
You understand and agree that you shall retain no rights of any kind in and to Blacklight Retribution, the Blacklight Editor, or the New Game Materials produced using the Blacklight Editor and that all New Game Materials and all rights therein shall belong solely to Hardsuit Labs, to use as it sees fit. You hereby irrevocably assign (and agree to assign) and transfer to Hardsuit Labs, free and clear of any restrictions or encumbrances, without any compensation beyond the consideration provided herein, any and all rights, title and interest that you may have in and to such New Game Materials. This assignment includes, without limitation, all worldwide copyrights and patent rights in and to such New Game Materials and the right to sue for past and future infringements. You hereby agree to cooperate with Hardsuit Labs in connection with the protection thereof and shall execute such documents (like further deed of transfer or assignment), if any, as needed by Hardsuit Labs to perfect its rights hereunder. You agree not to remove, disable or circumvent any proprietary notices or labels contained on or within the Blacklight Editor.
Further, to the extent the assignments mentioned herein do not transfer any ownership interest in or to Blacklight Retribution, the Blacklight Editor, or the New Game Materials, you expressly grant to Hardsuit Labs and our licensors all consents, clearances and a non-exclusive, perpetual, worldwide, complete, sub-licensable and irrevocable right to make, use, sell, offer for sale, import or otherwise exploit, re-post, publish, use, quote, adapt, translate, archive, store, reproduce, modify, create derivative works from, syndicate, license, print, sublicense, distribute, transmit, broadcast, otherwise communicate, and publicly display and perform the New Game Materials, or any portion thereof, in any manner or form and in any medium or forum, whether now known or hereafter devised, without notice, acknowledgment or compensation to you. You waive and agree not to assert any moral or similar rights you may have in the New Game Materials.
THERE ARE NO WARRANTIES, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND NO OTHER REPRESENTATIONS OR CLAIMS OF ANY KIND SHALL BE BINDING ON OR OBLIGATE HARDSUIT LABS. THE BLACKLIGHT EDITOR ARE PROVIDED TO YOU “AS IS.” Hardsuit Labs does not provide technical or customer support for the Blacklight Editor or the New Game Materials created by using the Blacklight Editor. All use of such materials is at your own risk.
IN NO EVENT WILL HARDSUIT LABS BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, USE OR MALFUNCTION OF THE BLACKLIGHT EDITOR, INCLUDING DAMAGES TO PROPERTY, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, EVEN IF HARDSUIT LABS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. HARDSUIT LABS’ LIABILITY SHALL NOT EXCEED THE ACTUAL PRICE PAID BY YOU TO HARDSUIT LABS FOR THE LICENSE TO USE THE BLACKLIGHT EDITOR. SOME STATES/COUNTRIES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS AND/OR THE EXCLUSION OR LIMITAION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITAIONS AND/OR EXCLUSION OR LIMITAION OF LIABILITY MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
Without prejudice to any other rights of Hardsuit Labs, the rights to use the Blacklight Editor and the other rights granted to you hereunder will terminate automatically if you fail to comply with these Terms of Use. In such event, you must destroy all copies of the Blacklight Editor and New Game Materials created by you or in your possession.
Because Hardsuit Labs would be irreparably damaged if these Terms of Use were not specifically enforced, you agree that Hardsuit Labs shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to breaches of these Terms of Use, in addition to such other remedies as Hardsuit Labs may otherwise have under applicable laws.
You agree to indemnify, defend and hold Hardsuit Labs, its partners, licensors, affiliates, contractors, officers, directors, employees and agents harmless from all damages, losses and expenses arising directly or indirectly from your acts and omissions to act in using the Blacklight Editor and creating the New Game Materials pursuant to these Terms of Use.