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End-User License Agreement and Terms of Service
Sombrero (“Sombrero” or “the Game”) was developed and is owned by PIXELMETAL LLC, a New York Limited Liability Company and by ALLIANCE METAVERSAL STUDIO LLC, a Delaware Limited Liability Company (“Licensor” or “us” or “we” or “our”). This End-User License Agreement (this “Agreement”) sets forth the terms under which you, as an individual or entity authorized by Licensor (or, for entities, any employee you authorize to use the Game) (“you”), may use the Game.
Access to and use of the Game is by permission of Licensor only, and only for applicants who accept this Agreement. Licensor may grant or withhold approval in its sole discretion. By accessing or using the Game you agree to be bound by this Agreement. If you do not agree to this Agreement, you may not access or use the Game.
Based on the foregoing and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, you and Licensor agree as follows:
1. NATURE OF AGREEMENT. This Agreement is a legal contract made between you and the Licensor. This Agreement contains the terms and conditions that you must comply with if you wish to access and use the Game.
2. LICENSE GRANT. We hereby grant to you a limited, non-exclusive, non-transferable, non-sub licensable, limited right and license to access and use the Game and any user’s guides, specifications, and other related documentation available online (the “Documentation”) for your personal non-commercial gameplay, subject to the terms and conditions of this Agreement. The licenses granted herein are conditioned upon payment in full for the Game in advance of your download or receipt of the Game.
3. OWNERSHIP OF SOMBRERO. We retain all rights to the Game and the Documentation not specifically granted in this Agreement. We own the Game and the Documentation and all copyright and other intellectual property rights therein, and this Agreement does not transfer to you any title to or any proprietary or intellectual property rights in or to the Game, any updates or derivative works thereto, or the Documentation, or any copyrights, patent rights, or trademarks embodied or used in connection therewith, except for the rights expressly granted in this Agreement. The Game and the Documentation are protected by United States laws and international treaty provisions.
YOU MAY NOT USE, COPY, OR MODIFY THE GAME, IN WHOLE OR IN PART, EXCEPT AS EXPRESSLY PROVIDED FOR IN THIS AGREEMENT.
4. RESTRICTIONS. To the maximum extent permitted by law, you shall not (a) modify, reverse engineer, decompile, disassemble, or attempt to derive the source code of the Game; (b) rent, lease, loan, sell, sublicense, distribute, transmit, or otherwise transfer the Game access to any third party; or (c) make any copy of or otherwise reproduce the Game (or any of the browser screens comprising the Game user interface) except for those copies necessarily made by the personal computer and Internet browser that are running the Game.
5. Game Account. The Game is currently accessible through Steam, and you must have a Steam account to access and download the Game, and to play it online with others. You acknowledge and agree that your Steam account is provided and managed by Steam, not by us, and that your creation and use of that Steam account is subject to Steam’s applicable terms and conditions and privacy policies.
6. ONLINE. We make no guarantees regarding the availability of online play or the Game, and may modify or discontinue online service or the Game in its discretion without notice, including, for example, ceasing online service for economic reasons due to a limited number of players continuing to make use of the service over time. We may deny You access, at Our discretion, to online services, updates, or patches to the Game, should You violate of any of the terms or provisions of this Agreement. You may not interfere with or attempt to disable or circumvent any online access control measures, security features, or technical protection measures put in place by us or Steam. Should You use the online version of this Game we will not ask You for any personally identifying information. You agree that We have no liability for any violation of this Agreement by You or by any other player. When You play, You agree to be respectful of Your fellow players and never to engage in any behavior that would be abusive or offensive to other players, disruptive of the game experience, fraudulent or otherwise illegal. This includes but is not limited to:
(a) Harassing or intimidating other players while playing this Game online
(b) Violating any local, state or national law including but not limited to laws related to copyright, trademark, defamation, invasion of privacy and identity theft.
You further agree that an updated version of the hardware operating system software or other firmware (collectively “Firmware”) may be necessary in order for this Game to operate on your computer. Loss of data is Your responsibility.
7. TERM AND TERMINATION. The license granted in this Agreement is effective until terminated. The term of this Agreement and the license grant herein shall commence on the date you agree to this Agreement and download the Game. You may terminate the license and this Agreement at any time on 30 days’ prior written notice to Licensor. This license shall also terminate automatically on your failure to comply with any of the other terms of this Agreement. On termination of this Agreement, you agree to delete all electronic copies of any documentation that you have downloaded, printed, or created relating to the Game. Notwithstanding termination, the provisions of Sections 3, 7, 8, 9,10, 11, 13 and 16 of this Agreement shall survive and continue to apply.
8. CONFIDENTIALITY. You agree that you shall not disclose to any third party the Game or any portion thereof, any technical, product, or business information, or any information that Licensor identifies as confidential (collectively, “Confidential Information”) related to the Game without the prior written consent of Licensor. You shall maintain the confidentiality of all Confidential Information and shall not use it for any purpose other than the performance of this Agreement. Notwithstanding the foregoing, Confidential Information does not include information that you can demonstrate was (a) publicly available at the time of disclosure, or later became publicly available through no act or omission by you; (b) in your possession before disclosure by Licensor; or (c) disclosed to you by a third party not in violation of any obligations of confidentiality to Licensor or to any third party.
9. LIMITATION OF LIABILITY. You are not entitled to receive damages from Licensor for any cause relating to this Agreement, to your use of the Game, to any services provided by Licensor under this Agreement, or to any services provided by any third party in connection with your use of the Game. In addition, in no event shall you be entitled to obtain any injunctive relief or otherwise enjoin, restrain, or otherwise interfere with Licensor or with the distribution, operation, development, or performance of the Game or any related products.
IN NO EVENT SHALL LICENSOR BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER ARISING OUT OF YOUR USE OF, OR INABILITY TO USE, THE GAME. IN NO EVENT SHALL LICENSOR BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF DATA, LOST PROFITS, OR LOST BUSINESS OPPORTUNITIES, REGARDLESS OF THE LEGAL THEORY UNDER WHICH SUCH DAMAGES ARE SOUGHT, AND EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. AS SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. In no event shall Licensor's total liability to you for all damages, losses, and causes of action (whether in contract or tort, including negligence or otherwise) exceed the amount paid by you for the Game.
10. LIMITED WARRANTY AND DISCLAIMER. The Game is provided “as is” without warranty or guarantee of any kind, either express or implied, including, without limitation, the implied warranties of satisfactory quality, merchantability, fitness for a particular purpose or non-infringement.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, LICENSOR EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES ALLEGED TO HAVE ARISEN FROM CUSTOM, USAGE, OR THE COURSE OF DEALING BETWEEN THE PARTIES. LICENSOR DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE GAME WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE GAME WILL BE UNINTERRUPTED OR ERROR-FREE. IN ADDITION, LICENSOR DOES NOT WARRANT OR GUARANTEE THAT YOU WILL BE ABLE TO ACCESS THE ONLINE MULTIPLAYER COMPONENT OF THE GAME AT ALL TIMES. YOU UNDERSTAND AND ACKNOWLEDGE THAT INTERNET CONGESTION AND OUTAGES, AS WELL AS MAINTENANCE, DOWNTIME, AND OTHER INTERRUPTIONS, MAY INTERFERE AT TIMES WITH YOUR ABILITY TO USE THE MULTIPLAYER COMPONENT OF THE GAME.
11. GOVERNING LAW. This Agreement shall in all respects be governed by and be construed in accordance with the laws of the State of New York.
12. FORCE MAJEURE. If the performance of Licensor under this Agreement is prevented, hindered, or otherwise made impractical by reason of flood, strike, war, acts of government, or any other casualty or cause beyond the control of Licensor, then Licensor shall be excused from its performance to the extent and so long as it is prevented, hindered, or delayed by such event(s).
13. SEVERABILITY. If any one or more of the provisions contained in this Agreement shall, for any reason, be held to be invalid, illegal, or unenforceable in any respect, then to the maximum extent permitted by law, such invalidity, illegality, or unenforceability shall not affect any other provision of this Agreement.
14. NO ASSIGNMENT. You may not assign this Agreement or any of the rights granted by Licensor hereunder, in whole or in part, without the prior written consent of Licensor, and any attempt to do so shall be void. This Agreement is binding on and shall inure to the benefit of the parties and their respective successors and permitted assigns.
15 EXPORT CONTROL. You agree to obey and comply with any and all applicable United States laws, rules, and regulations governing the export of software.
16. ENTIRE AGREEMENT. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND LICENSOR, AND THAT IT SUPERSEDES ANY PROPOSAL, PRIOR AGREEMENT, OR UNDERSTANDING, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND LICENSOR RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT. THIS AGREEMENT MAY NOT BE CHANGED, ALTERED, OR MODIFIED EXCEPT BY A WRITING SIGNED BY THE PARTIES.
17. INQUIRIES. Any questions concerning this Agreement should be addressed to Alliance Digital Media at 127 West 26th Street, Suite 904, New York, NY 10001.
Sombrero (“Sombrero” or “the Game”) was developed and is owned by PIXELMETAL LLC, a New York Limited Liability Company and by ALLIANCE METAVERSAL STUDIO LLC, a Delaware Limited Liability Company (“Licensor” or “us” or “we” or “our”). This End-User License Agreement (this “Agreement”) sets forth the terms under which you, as an individual or entity authorized by Licensor (or, for entities, any employee you authorize to use the Game) (“you”), may use the Game.
Access to and use of the Game is by permission of Licensor only, and only for applicants who accept this Agreement. Licensor may grant or withhold approval in its sole discretion. By accessing or using the Game you agree to be bound by this Agreement. If you do not agree to this Agreement, you may not access or use the Game.
Based on the foregoing and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, you and Licensor agree as follows:
1. NATURE OF AGREEMENT. This Agreement is a legal contract made between you and the Licensor. This Agreement contains the terms and conditions that you must comply with if you wish to access and use the Game.
2. LICENSE GRANT. We hereby grant to you a limited, non-exclusive, non-transferable, non-sub licensable, limited right and license to access and use the Game and any user’s guides, specifications, and other related documentation available online (the “Documentation”) for your personal non-commercial gameplay, subject to the terms and conditions of this Agreement. The licenses granted herein are conditioned upon payment in full for the Game in advance of your download or receipt of the Game.
3. OWNERSHIP OF SOMBRERO. We retain all rights to the Game and the Documentation not specifically granted in this Agreement. We own the Game and the Documentation and all copyright and other intellectual property rights therein, and this Agreement does not transfer to you any title to or any proprietary or intellectual property rights in or to the Game, any updates or derivative works thereto, or the Documentation, or any copyrights, patent rights, or trademarks embodied or used in connection therewith, except for the rights expressly granted in this Agreement. The Game and the Documentation are protected by United States laws and international treaty provisions.
YOU MAY NOT USE, COPY, OR MODIFY THE GAME, IN WHOLE OR IN PART, EXCEPT AS EXPRESSLY PROVIDED FOR IN THIS AGREEMENT.
4. RESTRICTIONS. To the maximum extent permitted by law, you shall not (a) modify, reverse engineer, decompile, disassemble, or attempt to derive the source code of the Game; (b) rent, lease, loan, sell, sublicense, distribute, transmit, or otherwise transfer the Game access to any third party; or (c) make any copy of or otherwise reproduce the Game (or any of the browser screens comprising the Game user interface) except for those copies necessarily made by the personal computer and Internet browser that are running the Game.
5. Game Account. The Game is currently accessible through Steam, and you must have a Steam account to access and download the Game, and to play it online with others. You acknowledge and agree that your Steam account is provided and managed by Steam, not by us, and that your creation and use of that Steam account is subject to Steam’s applicable terms and conditions and privacy policies.
6. ONLINE. We make no guarantees regarding the availability of online play or the Game, and may modify or discontinue online service or the Game in its discretion without notice, including, for example, ceasing online service for economic reasons due to a limited number of players continuing to make use of the service over time. We may deny You access, at Our discretion, to online services, updates, or patches to the Game, should You violate of any of the terms or provisions of this Agreement. You may not interfere with or attempt to disable or circumvent any online access control measures, security features, or technical protection measures put in place by us or Steam. Should You use the online version of this Game we will not ask You for any personally identifying information. You agree that We have no liability for any violation of this Agreement by You or by any other player. When You play, You agree to be respectful of Your fellow players and never to engage in any behavior that would be abusive or offensive to other players, disruptive of the game experience, fraudulent or otherwise illegal. This includes but is not limited to:
(a) Harassing or intimidating other players while playing this Game online
(b) Violating any local, state or national law including but not limited to laws related to copyright, trademark, defamation, invasion of privacy and identity theft.
You further agree that an updated version of the hardware operating system software or other firmware (collectively “Firmware”) may be necessary in order for this Game to operate on your computer. Loss of data is Your responsibility.
7. TERM AND TERMINATION. The license granted in this Agreement is effective until terminated. The term of this Agreement and the license grant herein shall commence on the date you agree to this Agreement and download the Game. You may terminate the license and this Agreement at any time on 30 days’ prior written notice to Licensor. This license shall also terminate automatically on your failure to comply with any of the other terms of this Agreement. On termination of this Agreement, you agree to delete all electronic copies of any documentation that you have downloaded, printed, or created relating to the Game. Notwithstanding termination, the provisions of Sections 3, 7, 8, 9,10, 11, 13 and 16 of this Agreement shall survive and continue to apply.
8. CONFIDENTIALITY. You agree that you shall not disclose to any third party the Game or any portion thereof, any technical, product, or business information, or any information that Licensor identifies as confidential (collectively, “Confidential Information”) related to the Game without the prior written consent of Licensor. You shall maintain the confidentiality of all Confidential Information and shall not use it for any purpose other than the performance of this Agreement. Notwithstanding the foregoing, Confidential Information does not include information that you can demonstrate was (a) publicly available at the time of disclosure, or later became publicly available through no act or omission by you; (b) in your possession before disclosure by Licensor; or (c) disclosed to you by a third party not in violation of any obligations of confidentiality to Licensor or to any third party.
9. LIMITATION OF LIABILITY. You are not entitled to receive damages from Licensor for any cause relating to this Agreement, to your use of the Game, to any services provided by Licensor under this Agreement, or to any services provided by any third party in connection with your use of the Game. In addition, in no event shall you be entitled to obtain any injunctive relief or otherwise enjoin, restrain, or otherwise interfere with Licensor or with the distribution, operation, development, or performance of the Game or any related products.
IN NO EVENT SHALL LICENSOR BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER ARISING OUT OF YOUR USE OF, OR INABILITY TO USE, THE GAME. IN NO EVENT SHALL LICENSOR BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF DATA, LOST PROFITS, OR LOST BUSINESS OPPORTUNITIES, REGARDLESS OF THE LEGAL THEORY UNDER WHICH SUCH DAMAGES ARE SOUGHT, AND EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. AS SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. In no event shall Licensor's total liability to you for all damages, losses, and causes of action (whether in contract or tort, including negligence or otherwise) exceed the amount paid by you for the Game.
10. LIMITED WARRANTY AND DISCLAIMER. The Game is provided “as is” without warranty or guarantee of any kind, either express or implied, including, without limitation, the implied warranties of satisfactory quality, merchantability, fitness for a particular purpose or non-infringement.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, LICENSOR EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES ALLEGED TO HAVE ARISEN FROM CUSTOM, USAGE, OR THE COURSE OF DEALING BETWEEN THE PARTIES. LICENSOR DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE GAME WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE GAME WILL BE UNINTERRUPTED OR ERROR-FREE. IN ADDITION, LICENSOR DOES NOT WARRANT OR GUARANTEE THAT YOU WILL BE ABLE TO ACCESS THE ONLINE MULTIPLAYER COMPONENT OF THE GAME AT ALL TIMES. YOU UNDERSTAND AND ACKNOWLEDGE THAT INTERNET CONGESTION AND OUTAGES, AS WELL AS MAINTENANCE, DOWNTIME, AND OTHER INTERRUPTIONS, MAY INTERFERE AT TIMES WITH YOUR ABILITY TO USE THE MULTIPLAYER COMPONENT OF THE GAME.
11. GOVERNING LAW. This Agreement shall in all respects be governed by and be construed in accordance with the laws of the State of New York.
12. FORCE MAJEURE. If the performance of Licensor under this Agreement is prevented, hindered, or otherwise made impractical by reason of flood, strike, war, acts of government, or any other casualty or cause beyond the control of Licensor, then Licensor shall be excused from its performance to the extent and so long as it is prevented, hindered, or delayed by such event(s).
13. SEVERABILITY. If any one or more of the provisions contained in this Agreement shall, for any reason, be held to be invalid, illegal, or unenforceable in any respect, then to the maximum extent permitted by law, such invalidity, illegality, or unenforceability shall not affect any other provision of this Agreement.
14. NO ASSIGNMENT. You may not assign this Agreement or any of the rights granted by Licensor hereunder, in whole or in part, without the prior written consent of Licensor, and any attempt to do so shall be void. This Agreement is binding on and shall inure to the benefit of the parties and their respective successors and permitted assigns.
15 EXPORT CONTROL. You agree to obey and comply with any and all applicable United States laws, rules, and regulations governing the export of software.
16. ENTIRE AGREEMENT. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND LICENSOR, AND THAT IT SUPERSEDES ANY PROPOSAL, PRIOR AGREEMENT, OR UNDERSTANDING, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND LICENSOR RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT. THIS AGREEMENT MAY NOT BE CHANGED, ALTERED, OR MODIFIED EXCEPT BY A WRITING SIGNED BY THE PARTIES.
17. INQUIRIES. Any questions concerning this Agreement should be addressed to Alliance Digital Media at 127 West 26th Street, Suite 904, New York, NY 10001.