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Orbital Strike: Arena
Copyright (c) 2016 Sandglass Games LLC
*** END USER LICENSE AGREEMENT ***
IMPORTANT: PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THIS SOFTWARE.
1. LICENSE
By receiving, opening the file package, and/or using Orbital Strike: Arena ("Software") containing this software, you agree that this End User User License Agreement(EULA) is a legally binding and valid contract and agree to be bound by it. You agree to abide by the intellectual property laws and all of the terms and conditions of this Agreement.
Unless you have a different license agreement signed by Sandglass Games LLC your use of Orbital Strike: Arena indicates your acceptance of this license agreement and warranty.
Subject to the terms of this Agreement, Sandglass Games LLC grants to you a limited, non-exclusive, non-transferable license, without right to sub-license, to use Orbital Strike: Arena in accordance with this Agreement and any other written agreement with Sandglass Games LLC. Sandglass Games LLC does not transfer the title of Orbital Strike: Arena to you; the license granted to you is not a sale. This agreement is a binding legal agreement between Sandglass Games LLC and the purchasers or users of Orbital Strike: Arena.
If you do not agree to be bound by this agreement, remove Orbital Strike: Arena from your computer now and contact Sandglass Games LLC by email for a refund.
2. DISTRIBUTION
Orbital Strike: Arena and the license herein granted shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole or in part except that you may make one copy for archive purposes only. For information about redistribution of Orbital Strike: Arena contact Sandglass Games LLC.
3. USER AGREEMENT
3.1 Use
Your license to use Orbital Strike: Arena is limited to the number of licenses purchased by you. You shall not allow others to use, copy or evaluate copies of Orbital Strike: Arena.
3.2 Use Restrictions
You shall use Orbital Strike: Arena in compliance with all applicable laws and not for any unlawful purpose. Without limiting the foregoing, use, display or distribution of Orbital Strike: Arena together with material that is pornographic, racist, vulgar, obscene, defamatory, libelous, abusive, promoting hatred, discriminating or displaying prejudice based on religion, ethnic heritage, race, sexual orientation or age is strictly prohibited.
Each licensed copy of Orbital Strike: Arena may be used on one single computer location by one user. Use of Orbital Strike: Arena means that you have loaded, installed, or run Orbital Strike: Arena on a computer or similar device. If you install Orbital Strike: Arena onto a multi-user platform, server or network, each and every individual user of Orbital Strike: Arena must be licensed separately.
The assignment, sublicense, networking, sale, or distribution of copies of Orbital Strike: Arena are strictly forbidden without the prior written consent of Sandglass Games LLC. It is a violation of this agreement to assign, sell, share, loan, rent, lease, borrow, network or transfer the use of Orbital Strike: Arena. If any person other than yourself uses Orbital Strike: Arena registered in your name, regardless of whether it is at the same time or different times, then this agreement is being violated and you are responsible for that violation!
3.3 Copyright Restriction
This Software contains copyrighted material, trade secrets and other proprietary material. You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile Orbital Strike: Arena. Nor can you create any derivative works or other works that are based upon or derived from Orbital Strike: Arena in whole or in part.
Sandglass Games LLC's name, logo and graphics file that represents Orbital Strike: Arena shall not be used in any way to promote products developed with Orbital Strike: Arena. Sandglass Games LLC retains sole and exclusive ownership of all right, title and interest in and to Orbital Strike: Arena and all Intellectual Property rights relating thereto.
Copyright law and international copyright treaty provisions protect all parts of Orbital Strike: Arena, products and services. No program, code, part, image, audio sample, or text may be copied or used in any way by the user except as intended within the bounds of the single user program. All rights not expressly granted hereunder are reserved for Sandglass Games LLC.
3.4 Limitation of Responsibility
You will indemnify, hold harmless, and defend Sandglass Games LLC , its employees, agents and distributors against any and all claims, proceedings, demand and costs resulting from or in any way connected with your use of Sandglass Games LLC's Software.
In no event (including, without limitation, in the event of negligence) will Sandglass Games LLC , its employees, agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, Orbital Strike: Arena or the use or inability to use Orbital Strike: Arena or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence.
Sandglass Games LLC's entire liability, without exception, is limited to the customers' reimbursement of the purchase price of the Software (maximum being the lesser of the amount paid by you and the suggested retail price as listed by Sandglass Games LLC ) in exchange for the return of the product, all copies, registration papers and manuals, and all materials that constitute a transfer of license from the customer back to Sandglass Games LLC.
3.5 Warranties
Except as expressly stated in writing, Sandglass Games LLC makes no representation or warranties in respect of this Software and expressly excludes all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose.
3.6 Governing Law
This Agreement shall be governed by the law of the United States applicable therein. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of United States therefrom. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this License and not affect the validity and enforceability of any other provisions.
3.7 Termination
Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this license. Upon termination of this license granted herein for any reason, you agree to immediately cease use of Orbital Strike: Arena and destroy all copies of Orbital Strike: Arena supplied under this Agreement. The financial obligations incurred by you shall survive the expiration or termination of this license.
4. DISCLAIMER OF WARRANTY
THIS SOFTWARE AND THE ACCOMPANYING FILES ARE SOLD "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. THIS DISCLAIMER CONCERNS ALL FILES GENERATED AND EDITED BY Orbital Strike: Arena AS WELL.
5. CONSENT OF USE OF DATA
You agree that Sandglass Games LLC may collect and use information gathered in any manner as part of the product support services provided to you, if any, related to Orbital Strike: Arena. Sandglass Games LLC may also use this information to provide notices to you which may be of use or interest to you.
Copyright (c) 2016 Sandglass Games LLC
*** END USER LICENSE AGREEMENT ***
IMPORTANT: PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THIS SOFTWARE.
1. LICENSE
By receiving, opening the file package, and/or using Orbital Strike: Arena ("Software") containing this software, you agree that this End User User License Agreement(EULA) is a legally binding and valid contract and agree to be bound by it. You agree to abide by the intellectual property laws and all of the terms and conditions of this Agreement.
Unless you have a different license agreement signed by Sandglass Games LLC your use of Orbital Strike: Arena indicates your acceptance of this license agreement and warranty.
Subject to the terms of this Agreement, Sandglass Games LLC grants to you a limited, non-exclusive, non-transferable license, without right to sub-license, to use Orbital Strike: Arena in accordance with this Agreement and any other written agreement with Sandglass Games LLC. Sandglass Games LLC does not transfer the title of Orbital Strike: Arena to you; the license granted to you is not a sale. This agreement is a binding legal agreement between Sandglass Games LLC and the purchasers or users of Orbital Strike: Arena.
If you do not agree to be bound by this agreement, remove Orbital Strike: Arena from your computer now and contact Sandglass Games LLC by email for a refund.
2. DISTRIBUTION
Orbital Strike: Arena and the license herein granted shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole or in part except that you may make one copy for archive purposes only. For information about redistribution of Orbital Strike: Arena contact Sandglass Games LLC.
3. USER AGREEMENT
3.1 Use
Your license to use Orbital Strike: Arena is limited to the number of licenses purchased by you. You shall not allow others to use, copy or evaluate copies of Orbital Strike: Arena.
3.2 Use Restrictions
You shall use Orbital Strike: Arena in compliance with all applicable laws and not for any unlawful purpose. Without limiting the foregoing, use, display or distribution of Orbital Strike: Arena together with material that is pornographic, racist, vulgar, obscene, defamatory, libelous, abusive, promoting hatred, discriminating or displaying prejudice based on religion, ethnic heritage, race, sexual orientation or age is strictly prohibited.
Each licensed copy of Orbital Strike: Arena may be used on one single computer location by one user. Use of Orbital Strike: Arena means that you have loaded, installed, or run Orbital Strike: Arena on a computer or similar device. If you install Orbital Strike: Arena onto a multi-user platform, server or network, each and every individual user of Orbital Strike: Arena must be licensed separately.
The assignment, sublicense, networking, sale, or distribution of copies of Orbital Strike: Arena are strictly forbidden without the prior written consent of Sandglass Games LLC. It is a violation of this agreement to assign, sell, share, loan, rent, lease, borrow, network or transfer the use of Orbital Strike: Arena. If any person other than yourself uses Orbital Strike: Arena registered in your name, regardless of whether it is at the same time or different times, then this agreement is being violated and you are responsible for that violation!
3.3 Copyright Restriction
This Software contains copyrighted material, trade secrets and other proprietary material. You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile Orbital Strike: Arena. Nor can you create any derivative works or other works that are based upon or derived from Orbital Strike: Arena in whole or in part.
Sandglass Games LLC's name, logo and graphics file that represents Orbital Strike: Arena shall not be used in any way to promote products developed with Orbital Strike: Arena. Sandglass Games LLC retains sole and exclusive ownership of all right, title and interest in and to Orbital Strike: Arena and all Intellectual Property rights relating thereto.
Copyright law and international copyright treaty provisions protect all parts of Orbital Strike: Arena, products and services. No program, code, part, image, audio sample, or text may be copied or used in any way by the user except as intended within the bounds of the single user program. All rights not expressly granted hereunder are reserved for Sandglass Games LLC.
3.4 Limitation of Responsibility
You will indemnify, hold harmless, and defend Sandglass Games LLC , its employees, agents and distributors against any and all claims, proceedings, demand and costs resulting from or in any way connected with your use of Sandglass Games LLC's Software.
In no event (including, without limitation, in the event of negligence) will Sandglass Games LLC , its employees, agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, Orbital Strike: Arena or the use or inability to use Orbital Strike: Arena or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence.
Sandglass Games LLC's entire liability, without exception, is limited to the customers' reimbursement of the purchase price of the Software (maximum being the lesser of the amount paid by you and the suggested retail price as listed by Sandglass Games LLC ) in exchange for the return of the product, all copies, registration papers and manuals, and all materials that constitute a transfer of license from the customer back to Sandglass Games LLC.
3.5 Warranties
Except as expressly stated in writing, Sandglass Games LLC makes no representation or warranties in respect of this Software and expressly excludes all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose.
3.6 Governing Law
This Agreement shall be governed by the law of the United States applicable therein. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of United States therefrom. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this License and not affect the validity and enforceability of any other provisions.
3.7 Termination
Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this license. Upon termination of this license granted herein for any reason, you agree to immediately cease use of Orbital Strike: Arena and destroy all copies of Orbital Strike: Arena supplied under this Agreement. The financial obligations incurred by you shall survive the expiration or termination of this license.
4. DISCLAIMER OF WARRANTY
THIS SOFTWARE AND THE ACCOMPANYING FILES ARE SOLD "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. THIS DISCLAIMER CONCERNS ALL FILES GENERATED AND EDITED BY Orbital Strike: Arena AS WELL.
5. CONSENT OF USE OF DATA
You agree that Sandglass Games LLC may collect and use information gathered in any manner as part of the product support services provided to you, if any, related to Orbital Strike: Arena. Sandglass Games LLC may also use this information to provide notices to you which may be of use or interest to you.