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PLEASE READ THE FOLLOWING END USER LICENSE AGREEMENT (“AGREEMENT”) BEFORE INSTALLING ROBOTS IN THE WILDTM, (THE “GAME SOFTWARE”). BY INSTALLING, COPYING, AND/OR OTHERWISE USING THE GAME SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT AS SET FORTH BY HEATBOX GAMES, LLC., LOCATED AT 3625 19TH AVENUE SOUTH, MINNAPOLIS, MN 55407 AND ITS AFFILIATED COMPANIES (COLLECTIVELY, “HEATBOX GAMES”).
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 IN RELATION TO THE STEAM SERVICE.
IF YOU AGREE TO THE TERMS SET FORTH IN THIS AGREEMENT, select “I ACCEPT” to install the Game Software and to indicate your acceptance of these terms and your understanding of the conditions of use of the Game Software.
IF YOU DO NOT AGREE TO THE TERMS SET FORTH IN THIS AGREEMENT, select “I DO NOT ACCEPT” and Heatbox Games shall not grant to you the License (defined below) to the Game Software.
LIMITED USE LICENSE
The term “Game Software” includes the software included in this video game, the associated media, any software associated with the online mode of the video game (subject to any additional terms of use applicable to such online mode), any printed materials, manuals, any online or electronic documentation, and any and all copies of such software and materials. Heatbox Games grants to you the non-exclusive, non-transferable, limited right and license to install and use one (1) copy of the Game Software on one (1) computer hard drive at any given time solely for your personal use (the “License”). All rights not specifically granted under this License are hereby reserved by Heatbox Games and, as applicable, by its licensors. The Game Software is licensed to you, not sold. This License does not give you any title or ownership in the Game Software, and should not be construed as a sale or transfer of any intellectual property or other rights to the Game Software.
OWNERSHIP
You agree and acknowledge that all title, ownership rights, and intellectual property rights connected with the Game Software and any and all copies thereof (including but not limited to any derivative works, titles, computer code, themes, objects, characters, character names, stories, dialogues, catch phrases, locations, concepts, artwork, graphics, animation, sounds, musical compositions, audio-visual effects, text, screen displays, methods of operation, moral rights, “applets” incorporated into the Game Software, and any related documentation) are owned by Heatbox Games or its licensors.
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.
LICENSE CONDITIONS AND RESTRICTIONS
You agree to only use the Game Software, or any part of it, in a manner that is consistent with this License and you SHALL NOT:
(a) without written permission from Heatbox Games, use, advertise or exploit in any manner the Game Software or any of its parts commercially, including but not limited to use at a cyber (Internet) café, computer gaming center or any other location-based site;
(b) without a separate, additional license from Heatbox Games, use the Game Software or permit the use of the Game Software, on more than one computer, game console, handheld device or PDA at the same time;
(c) use the Game Software, or permit use of the Game Software, in a network, multi-user arrangement or remote access arrangement, including any online use, except as otherwise explicitly permitted by Heatbox Games in writing;
(d) make copies of the Game Software or any part thereof, except that you may make one (1) copy of the Game Software for backup or archival purposes, or make copies of the materials accompanying the Game Software for non-commercial backup and reference only;
(e) except as the applicable law expressly permits, reverse engineer, derive source code, modify, decompile, disassemble, or create derivative works based on the whole or any part of the Game Software, in whole or in part, Where applicable law expressly permits any such acts, and any lawful modifications, adaptations and improvements and all copyrights therein shall be deemed assigned to and shall belong to, vest in and be the exclusive property of Heatbox Games and/or its licensors on creation to the maximum extent permitted by law and you hereby waive all or any moral rights in such creations
(f) reverse engineer, derive source code, modify, decompile, disassemble, or create derivative works of the Game Software, in whole or in part (except as the applicable law expressly permits, in which case all and any lawful modifications, adaptations, improvements, etc., and all copyrights and morale rights therein, shall be deemed assigned to, and shall belong to, vest in and be the exclusive property of Heatbox Games and/or its licensors on creation, in any event);
(g) remove, disable or circumvent any security protections or any technical measures that control access to the Game Software and/or are designed to prevent or inhibit the infringement of any copyright or other intellectual property right in the Game Software;
(h) remove, modify, deface or circumvent any proprietary notices or labels contained on or within the Game Software;
(i) export or re-export the Game Software or any copy or adaptation in violation of any applicable laws or regulations;
(j) create data or executable programs that mimic data or functionality in the Game Software; or
(k) transmit or propagate any virus, trojan horse, worm, bomb, corrupted file and/or similar destructive device or corrupted data in relation to the Game Software, and/or organize, participate in or be involved in any way in an attack on Heatbox Games’ servers and/or the Game Software and/or those of its service providers and partners;
Furthermore, you agree that you shall abide by the safety information, maintenance instructions or other relevant notices contained in the manual that is included with the Game Software.
GAME SOFTWARE UPDATES AND PATCHES
Heatbox Games 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. Heatbox Games 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 Heatbox Games 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.
CHANGES TO THIS AGREEMENT OR TO THE GAME SOFTWARE.
Heatbox Games reserves the right, in its sole and absolute discretion, to revise, update, change, modify, add to, supplement, or delete certain terms of this Agreement for security, legal, best practice or regulatory reasons. Such changes will be effective with or, as applicable, without prior notice to You. You can review the most current version of this Agreement by clicking on the “Agreement” link located on the Game Software. You are responsible for checking this Agreement periodically for changes. If any future changes to this Agreement are unacceptable to You or cause You to no longer be in agreement or compliance with this Agreement, You may terminate this Agreement in accordance with the terms hereof and must immediately uninstall the Game Software and destroy all copies of the Game Software. Your continued use of the Game Software following any revision to this Agreement constitutes Your complete and irrevocable acceptance of any and all such changes.
Heatbox Games may modify the Game Software for any reason or without any specific reason, at any time and at its entire discretion, in particular for technical reasons such as updates, maintenance operations and/or resets to improve and/or optimize the Game Software. You agree that the Game Software may install or download the modifications automatically. You agree that Heatbox Games may stop to support previous versions of the Game Software upon availability of an updated version. Heatbox Games’ channel partners and associated service providers shall have no obligation to furnish any maintenance or customer support with respect to the Game Software. Heatbox Games also reserves the right to amend the License Conditions and Restrictions, as set forth above, to place limits on the use of the Game Software.
USE OF CERTAIN DATA BY HEATBOX GAMES
Heatbox Games may, from time to time, during your game-play collect anonymous, non-personally identifiable information (i.e. information which neither identifies you nor is linked to, associated with or capable of being used to identify, you) about your hardware system including how you are using the Game Software (including information about your successful installation and removal of the Game Software). This information may also include your internet protocol (I.P.) address (a numeric number assigned by your internet service provider to identify your PC). This information may be used not only to help you play the game on the Game Software over the Internet, but also to help us better understand how our customers are using the Game Software, their behavior and preferences, so that we can improve our computer games and services in the future. This information will not, however, be used to personally identify you without you being aware of it and without your separate consent.
INTERNATIONAL USE
Although the Game Software may be accessible worldwide, we make no representation that the Game Software or related materials are appropriate or available for use in locations outside the United States, and accessing them from territories where the content is illegal is prohibited. Those who choose to access the Game Software from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Any offer and/or information made in connection with the Game Software is void where prohibited. Without limiting the foregoing, the Game Software may not be exported or re-exported (a) into (or to a national resident of) any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. By accessing and using the Game Software, you represent and warrant that you are not located in, under control of, or a national resident of any such country or on any such list.
LIMITED WARRANTY
LIMITED WARRANTY: For ninety (90) days from the date of initial purchase by the original purchaser, Heatbox Games warrants to you that the Game Software is compatible with a personal computer meeting the minimum system requirements listed in the Game Software documentation. However, due to variations in hardware, software, internet connections, and individual usage, Heatbox Games does not warrant the performance of the Game Software on your specific computer or gaming unit. Heatbox Games does not warrant against interference with your enjoyment of the Game Software; that the Game Software will meet your requirements; that operation of the Game Software will be uninterrupted or error-free; or that the Game Software will be compatible with third-party software or hardware or that any errors in the Game Software will be corrected. No oral or written advice provided by Heatbox Games or any authorized representative shall create a warranty. Because some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, some or all of the above exclusions and limitations may not apply to you.
If for any reason you find a defect in the Game Software during the warranty period, Heatbox Games agrees to replace, free of charge, any Game Software discovered to be defective within the warranty period as long as the Game Software is currently being manufactured by Heatbox Games. If the Game Software is no longer available, Heatbox Games retains the right to substitute a similar piece of Game Software of equal or greater value. This warranty is limited to the Game Software as originally provided by Heatbox Games and is not applicable to normal wear and tear. This warranty does not apply if the defects have been caused by your negligence, accident, unreasonable use, modification, tampering, or any other causes not related to defective materials or manufacturing workmanship, and Heatbox Games and its licensors shall not be held liable for any damage, injury or loss if caused as a result of any of these reasons.
Except as set forth above, this warranty is in lieu of all other warranties, whether oral or written, express or implied, including any other warranty of merchantability, fitness for a particular purpose, or non-infringement, and no other representations or warranties of any kind shall be binding on Heatbox Games.
When returning the Game Software subject to the limited warranty above, please send the original Game Software only to Heatbox Games address specified above and include: your name and return address; a photocopy of your dated sales receipt; and a brief note describing the defect and the system on which you are running the Game Software.
THE FOREGOING IS YOUR SOLE AND EXCLUSIVE REMEDY FOR THE EXPRESS WARRANTY SET FORTH IN THIS SECTION.
OTHER THAN EXPRESSLY SET FORTH IN THIS AGREEMENT, THE GAME 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 NONINFRINGEMENT. NO ORAL OR WRITTEN ADVICE OR INFORMATION GIVEN BY HEATBOX GAMES OR ANY OF ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS LIMITED WARRANTY.
Some states and jurisdictions do not allow the exclusion of, or limitations on, limited or implied warranties, and in such states and jurisdictions, Heatbox Games’ and its licensors’ liability shall be limited to the maximum extent permitted by law. You may have other rights that vary from state-to-state or from jurisdiction-to-jurisdiction. Under no circumstances shall any implied warranty required by law exceed the 90-day period of the Limited Warranty above.
LIMITATIONS ON DAMAGES
IN NO EVENT SHALL HEATBOX GAMES OR ITS LICENSORS BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, USE OR MALFUNCTION OF THE GAME SOFTWARE, INCLUDING WITHOUT LIMITATION ANY LOSSES OR DAMAGES CONNECTED WITH OR CONSISTING OF LOST PROFITS, DAMAGE TO PROPERTY, LOST OR CORRUPTED DATA OR FILES, LOSS OF GOODWILL, CONSOLE, COMPUTER OR HANDHELD DEVICE FAILURE, ERRORS AND LOST BUSINESS OR OTHER INFORMATION AS A RESULT OF POSSESSION, USE OR MALFUNCTION OF THE GAME SOFTWARE, OR PERSONAL INJURIES, EVEN IF HEATBOX GAMES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. FURTHERMORE, IN NO EVENT SHALL HEATBOX GAMES OR ITS LICENSORS BE LIABLE FOR SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES RESULTING FROM THE BREACH OF ANY EXPRESS OR IMPLIED WARRANTIES OR ANY OTHER TERMS OF THIS AGREEMENT. HEATBOX GAMES' TOTAL LIABILITY IN ALL CASES SHALL NOT EXCEED THE ACTUAL PRICE PAID FOR THE GAME SOFTWARE. THE FOREGOING APPLIES EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
TERM AND TERMINATION
Without prejudice to any other rights of Heatbox Games, the License shall remain in effect for as long as you use, operate or run the Game Software. The License shall terminate automatically if you fail to comply with its terms and conditions. In such event, you must uninstall and destroy all copies of the Game Software. You may also terminate the License at any time by destroying the Game Software and uninstalling it from your computer(s) or other applicable hardware. The Sections entitled “Ownership,” “License Conditions and Restrictions,” “Limitations on Damages,” “Term and Termination,” “Injunction,” “Indemnity,” “Choice of Law and Jurisdiction,” and “Miscellaneous” shall survive any termination of this License.
INJUNCTION
Because Heatbox Games would be irreparably damaged if the terms of this Agreement were not specifically enforced, you agree that Heatbox Games shall be entitled, without bond or other security or proof of damages, to take such action as may be required, including seeking an injunction and other equitable remedies, in addition to any other remedies available to it under the applicable law.
INDEMNITY
You agree to indemnify, defend and hold harmless Heatbox Games, its partners, affiliates, contractors, licensors, officers, directors, employees and agents from all claims, damages, costs and expenses (including reasonable legal fees) arising directly or indirectly from your acts or omissions in connection with using the Game Software or any breach by you of the terms of this Agreement.
CHOICE OF LAW AND JURISDICTION
THIS AGREEMENT, AND THE RIGHTS AND OBLIGATIONS OF YOU AND HEATBOX GAMES CONCERNING THE GAME SOFTWARE, SHALL BE CONSTRUED AND ENFORCED UNDER MINNESOTA LAW AS SUCH LAW IS APPLIED TO AGREEMENTS BETWEEN MINNESOTA RESIDENTS ENTERED INTO AND TO BE PERFORMED WITHIN MINNESOTA, WITHOUT REGARD TO MINNESOTA'S CONFLICTS OF LAW PRINCIPLES. TO THE EXTENT ANY CLAIMS ARE GOVERNED BY FEDERAL LAW, SUCH FEDERAL LAW ALSO SHALL BE APPLICABLE. YOU AND HEATBOX GAMES CONSENT TO THE EXCLUSIVE PERSONAL JURISDICTION OF THE STATE AND FEDERAL COURTS LOCATED IN MINNEAPOLIS, MINNESOTA, IN CONNECTION WITH ANY CLAIM OR DISPUTE CONCERNING THIS AGREEMENT OR THE GAME SOFTWARE, AND YOU AND HEATBOX GAMES WAIVE ANY OBJECTION BASED ON THE VENUE OR INCONVENIENCE OF SUCH FORUM. IF YOU ARE FROM OUTSIDE THE UNITED STATES, THE APPLICATION OF THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY EXCLUDED.
AMENDMENTS
Heatbox Games reserves the right to amend this Agreement at any time, at its sole discretion, but will post such changes on the Heatbox Games website and/or will communicate such changes through the Steam service. If any such future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you may terminate this Agreement in accordance with the above Termination provisions. Your installation and use of any updates or modifications to the Game Software or your continued use of the Game Software following notice of changes to this Agreement will constitute your acceptance of any and all such changes to the terms of this Agreement.
MISCELLANEOUS
This Agreement represents the complete agreement between you and Heatbox Games concerning the License and your rights to use the Game Software, and supersedes all prior agreements and representations, warranties or understandings between you and Heatbox Games (whether negligently or innocently made but excluding those made fraudulently), regarding the same subject matter. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and the remaining provisions of this Agreement shall remain in full force and not be affected.
If you have any questions concerning this Agreement or the License contained therein, you may contact Heatbox Games at 3625 19th Avenue South, Minneapolis MN 55407, USA, Attn. Legal Claims.
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 IN RELATION TO THE STEAM SERVICE.
IF YOU AGREE TO THE TERMS SET FORTH IN THIS AGREEMENT, select “I ACCEPT” to install the Game Software and to indicate your acceptance of these terms and your understanding of the conditions of use of the Game Software.
IF YOU DO NOT AGREE TO THE TERMS SET FORTH IN THIS AGREEMENT, select “I DO NOT ACCEPT” and Heatbox Games shall not grant to you the License (defined below) to the Game Software.
LIMITED USE LICENSE
The term “Game Software” includes the software included in this video game, the associated media, any software associated with the online mode of the video game (subject to any additional terms of use applicable to such online mode), any printed materials, manuals, any online or electronic documentation, and any and all copies of such software and materials. Heatbox Games grants to you the non-exclusive, non-transferable, limited right and license to install and use one (1) copy of the Game Software on one (1) computer hard drive at any given time solely for your personal use (the “License”). All rights not specifically granted under this License are hereby reserved by Heatbox Games and, as applicable, by its licensors. The Game Software is licensed to you, not sold. This License does not give you any title or ownership in the Game Software, and should not be construed as a sale or transfer of any intellectual property or other rights to the Game Software.
OWNERSHIP
You agree and acknowledge that all title, ownership rights, and intellectual property rights connected with the Game Software and any and all copies thereof (including but not limited to any derivative works, titles, computer code, themes, objects, characters, character names, stories, dialogues, catch phrases, locations, concepts, artwork, graphics, animation, sounds, musical compositions, audio-visual effects, text, screen displays, methods of operation, moral rights, “applets” incorporated into the Game Software, and any related documentation) are owned by Heatbox Games or its licensors.
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.
LICENSE CONDITIONS AND RESTRICTIONS
You agree to only use the Game Software, or any part of it, in a manner that is consistent with this License and you SHALL NOT:
(a) without written permission from Heatbox Games, use, advertise or exploit in any manner the Game Software or any of its parts commercially, including but not limited to use at a cyber (Internet) café, computer gaming center or any other location-based site;
(b) without a separate, additional license from Heatbox Games, use the Game Software or permit the use of the Game Software, on more than one computer, game console, handheld device or PDA at the same time;
(c) use the Game Software, or permit use of the Game Software, in a network, multi-user arrangement or remote access arrangement, including any online use, except as otherwise explicitly permitted by Heatbox Games in writing;
(d) make copies of the Game Software or any part thereof, except that you may make one (1) copy of the Game Software for backup or archival purposes, or make copies of the materials accompanying the Game Software for non-commercial backup and reference only;
(e) except as the applicable law expressly permits, reverse engineer, derive source code, modify, decompile, disassemble, or create derivative works based on the whole or any part of the Game Software, in whole or in part, Where applicable law expressly permits any such acts, and any lawful modifications, adaptations and improvements and all copyrights therein shall be deemed assigned to and shall belong to, vest in and be the exclusive property of Heatbox Games and/or its licensors on creation to the maximum extent permitted by law and you hereby waive all or any moral rights in such creations
(f) reverse engineer, derive source code, modify, decompile, disassemble, or create derivative works of the Game Software, in whole or in part (except as the applicable law expressly permits, in which case all and any lawful modifications, adaptations, improvements, etc., and all copyrights and morale rights therein, shall be deemed assigned to, and shall belong to, vest in and be the exclusive property of Heatbox Games and/or its licensors on creation, in any event);
(g) remove, disable or circumvent any security protections or any technical measures that control access to the Game Software and/or are designed to prevent or inhibit the infringement of any copyright or other intellectual property right in the Game Software;
(h) remove, modify, deface or circumvent any proprietary notices or labels contained on or within the Game Software;
(i) export or re-export the Game Software or any copy or adaptation in violation of any applicable laws or regulations;
(j) create data or executable programs that mimic data or functionality in the Game Software; or
(k) transmit or propagate any virus, trojan horse, worm, bomb, corrupted file and/or similar destructive device or corrupted data in relation to the Game Software, and/or organize, participate in or be involved in any way in an attack on Heatbox Games’ servers and/or the Game Software and/or those of its service providers and partners;
Furthermore, you agree that you shall abide by the safety information, maintenance instructions or other relevant notices contained in the manual that is included with the Game Software.
GAME SOFTWARE UPDATES AND PATCHES
Heatbox Games 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. Heatbox Games 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 Heatbox Games 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.
CHANGES TO THIS AGREEMENT OR TO THE GAME SOFTWARE.
Heatbox Games reserves the right, in its sole and absolute discretion, to revise, update, change, modify, add to, supplement, or delete certain terms of this Agreement for security, legal, best practice or regulatory reasons. Such changes will be effective with or, as applicable, without prior notice to You. You can review the most current version of this Agreement by clicking on the “Agreement” link located on the Game Software. You are responsible for checking this Agreement periodically for changes. If any future changes to this Agreement are unacceptable to You or cause You to no longer be in agreement or compliance with this Agreement, You may terminate this Agreement in accordance with the terms hereof and must immediately uninstall the Game Software and destroy all copies of the Game Software. Your continued use of the Game Software following any revision to this Agreement constitutes Your complete and irrevocable acceptance of any and all such changes.
Heatbox Games may modify the Game Software for any reason or without any specific reason, at any time and at its entire discretion, in particular for technical reasons such as updates, maintenance operations and/or resets to improve and/or optimize the Game Software. You agree that the Game Software may install or download the modifications automatically. You agree that Heatbox Games may stop to support previous versions of the Game Software upon availability of an updated version. Heatbox Games’ channel partners and associated service providers shall have no obligation to furnish any maintenance or customer support with respect to the Game Software. Heatbox Games also reserves the right to amend the License Conditions and Restrictions, as set forth above, to place limits on the use of the Game Software.
USE OF CERTAIN DATA BY HEATBOX GAMES
Heatbox Games may, from time to time, during your game-play collect anonymous, non-personally identifiable information (i.e. information which neither identifies you nor is linked to, associated with or capable of being used to identify, you) about your hardware system including how you are using the Game Software (including information about your successful installation and removal of the Game Software). This information may also include your internet protocol (I.P.) address (a numeric number assigned by your internet service provider to identify your PC). This information may be used not only to help you play the game on the Game Software over the Internet, but also to help us better understand how our customers are using the Game Software, their behavior and preferences, so that we can improve our computer games and services in the future. This information will not, however, be used to personally identify you without you being aware of it and without your separate consent.
INTERNATIONAL USE
Although the Game Software may be accessible worldwide, we make no representation that the Game Software or related materials are appropriate or available for use in locations outside the United States, and accessing them from territories where the content is illegal is prohibited. Those who choose to access the Game Software from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Any offer and/or information made in connection with the Game Software is void where prohibited. Without limiting the foregoing, the Game Software may not be exported or re-exported (a) into (or to a national resident of) any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. By accessing and using the Game Software, you represent and warrant that you are not located in, under control of, or a national resident of any such country or on any such list.
LIMITED WARRANTY
LIMITED WARRANTY: For ninety (90) days from the date of initial purchase by the original purchaser, Heatbox Games warrants to you that the Game Software is compatible with a personal computer meeting the minimum system requirements listed in the Game Software documentation. However, due to variations in hardware, software, internet connections, and individual usage, Heatbox Games does not warrant the performance of the Game Software on your specific computer or gaming unit. Heatbox Games does not warrant against interference with your enjoyment of the Game Software; that the Game Software will meet your requirements; that operation of the Game Software will be uninterrupted or error-free; or that the Game Software will be compatible with third-party software or hardware or that any errors in the Game Software will be corrected. No oral or written advice provided by Heatbox Games or any authorized representative shall create a warranty. Because some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, some or all of the above exclusions and limitations may not apply to you.
If for any reason you find a defect in the Game Software during the warranty period, Heatbox Games agrees to replace, free of charge, any Game Software discovered to be defective within the warranty period as long as the Game Software is currently being manufactured by Heatbox Games. If the Game Software is no longer available, Heatbox Games retains the right to substitute a similar piece of Game Software of equal or greater value. This warranty is limited to the Game Software as originally provided by Heatbox Games and is not applicable to normal wear and tear. This warranty does not apply if the defects have been caused by your negligence, accident, unreasonable use, modification, tampering, or any other causes not related to defective materials or manufacturing workmanship, and Heatbox Games and its licensors shall not be held liable for any damage, injury or loss if caused as a result of any of these reasons.
Except as set forth above, this warranty is in lieu of all other warranties, whether oral or written, express or implied, including any other warranty of merchantability, fitness for a particular purpose, or non-infringement, and no other representations or warranties of any kind shall be binding on Heatbox Games.
When returning the Game Software subject to the limited warranty above, please send the original Game Software only to Heatbox Games address specified above and include: your name and return address; a photocopy of your dated sales receipt; and a brief note describing the defect and the system on which you are running the Game Software.
THE FOREGOING IS YOUR SOLE AND EXCLUSIVE REMEDY FOR THE EXPRESS WARRANTY SET FORTH IN THIS SECTION.
OTHER THAN EXPRESSLY SET FORTH IN THIS AGREEMENT, THE GAME 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 NONINFRINGEMENT. NO ORAL OR WRITTEN ADVICE OR INFORMATION GIVEN BY HEATBOX GAMES OR ANY OF ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS LIMITED WARRANTY.
Some states and jurisdictions do not allow the exclusion of, or limitations on, limited or implied warranties, and in such states and jurisdictions, Heatbox Games’ and its licensors’ liability shall be limited to the maximum extent permitted by law. You may have other rights that vary from state-to-state or from jurisdiction-to-jurisdiction. Under no circumstances shall any implied warranty required by law exceed the 90-day period of the Limited Warranty above.
LIMITATIONS ON DAMAGES
IN NO EVENT SHALL HEATBOX GAMES OR ITS LICENSORS BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, USE OR MALFUNCTION OF THE GAME SOFTWARE, INCLUDING WITHOUT LIMITATION ANY LOSSES OR DAMAGES CONNECTED WITH OR CONSISTING OF LOST PROFITS, DAMAGE TO PROPERTY, LOST OR CORRUPTED DATA OR FILES, LOSS OF GOODWILL, CONSOLE, COMPUTER OR HANDHELD DEVICE FAILURE, ERRORS AND LOST BUSINESS OR OTHER INFORMATION AS A RESULT OF POSSESSION, USE OR MALFUNCTION OF THE GAME SOFTWARE, OR PERSONAL INJURIES, EVEN IF HEATBOX GAMES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. FURTHERMORE, IN NO EVENT SHALL HEATBOX GAMES OR ITS LICENSORS BE LIABLE FOR SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES RESULTING FROM THE BREACH OF ANY EXPRESS OR IMPLIED WARRANTIES OR ANY OTHER TERMS OF THIS AGREEMENT. HEATBOX GAMES' TOTAL LIABILITY IN ALL CASES SHALL NOT EXCEED THE ACTUAL PRICE PAID FOR THE GAME SOFTWARE. THE FOREGOING APPLIES EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
TERM AND TERMINATION
Without prejudice to any other rights of Heatbox Games, the License shall remain in effect for as long as you use, operate or run the Game Software. The License shall terminate automatically if you fail to comply with its terms and conditions. In such event, you must uninstall and destroy all copies of the Game Software. You may also terminate the License at any time by destroying the Game Software and uninstalling it from your computer(s) or other applicable hardware. The Sections entitled “Ownership,” “License Conditions and Restrictions,” “Limitations on Damages,” “Term and Termination,” “Injunction,” “Indemnity,” “Choice of Law and Jurisdiction,” and “Miscellaneous” shall survive any termination of this License.
INJUNCTION
Because Heatbox Games would be irreparably damaged if the terms of this Agreement were not specifically enforced, you agree that Heatbox Games shall be entitled, without bond or other security or proof of damages, to take such action as may be required, including seeking an injunction and other equitable remedies, in addition to any other remedies available to it under the applicable law.
INDEMNITY
You agree to indemnify, defend and hold harmless Heatbox Games, its partners, affiliates, contractors, licensors, officers, directors, employees and agents from all claims, damages, costs and expenses (including reasonable legal fees) arising directly or indirectly from your acts or omissions in connection with using the Game Software or any breach by you of the terms of this Agreement.
CHOICE OF LAW AND JURISDICTION
THIS AGREEMENT, AND THE RIGHTS AND OBLIGATIONS OF YOU AND HEATBOX GAMES CONCERNING THE GAME SOFTWARE, SHALL BE CONSTRUED AND ENFORCED UNDER MINNESOTA LAW AS SUCH LAW IS APPLIED TO AGREEMENTS BETWEEN MINNESOTA RESIDENTS ENTERED INTO AND TO BE PERFORMED WITHIN MINNESOTA, WITHOUT REGARD TO MINNESOTA'S CONFLICTS OF LAW PRINCIPLES. TO THE EXTENT ANY CLAIMS ARE GOVERNED BY FEDERAL LAW, SUCH FEDERAL LAW ALSO SHALL BE APPLICABLE. YOU AND HEATBOX GAMES CONSENT TO THE EXCLUSIVE PERSONAL JURISDICTION OF THE STATE AND FEDERAL COURTS LOCATED IN MINNEAPOLIS, MINNESOTA, IN CONNECTION WITH ANY CLAIM OR DISPUTE CONCERNING THIS AGREEMENT OR THE GAME SOFTWARE, AND YOU AND HEATBOX GAMES WAIVE ANY OBJECTION BASED ON THE VENUE OR INCONVENIENCE OF SUCH FORUM. IF YOU ARE FROM OUTSIDE THE UNITED STATES, THE APPLICATION OF THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY EXCLUDED.
AMENDMENTS
Heatbox Games reserves the right to amend this Agreement at any time, at its sole discretion, but will post such changes on the Heatbox Games website and/or will communicate such changes through the Steam service. If any such future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you may terminate this Agreement in accordance with the above Termination provisions. Your installation and use of any updates or modifications to the Game Software or your continued use of the Game Software following notice of changes to this Agreement will constitute your acceptance of any and all such changes to the terms of this Agreement.
MISCELLANEOUS
This Agreement represents the complete agreement between you and Heatbox Games concerning the License and your rights to use the Game Software, and supersedes all prior agreements and representations, warranties or understandings between you and Heatbox Games (whether negligently or innocently made but excluding those made fraudulently), regarding the same subject matter. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and the remaining provisions of this Agreement shall remain in full force and not be affected.
If you have any questions concerning this Agreement or the License contained therein, you may contact Heatbox Games at 3625 19th Avenue South, Minneapolis MN 55407, USA, Attn. Legal Claims.