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PLEASE READ THE FOLLOWING END USER LICENSE AGREEMENT (“AGREEMENT”) BEFORE INSTALLING TO THE TOP, (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 ELECTRIC HAT GAMES LLC., LOCATED AT 11005 CAIRNHILL COURT, AUSTIN, TX 78754.
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 Electric Hat Games shall not grant to you the License (defined below) to the Game Software.
LIMITED USE LICENSE
Electric Hat Games LLC. grants you a revocable, non-exclusive, non-transferable, limited use license to download, install and use one (1) copy of the Game Software solely for your personal, non-commercial purposes strictly in accordance with the terms of this Agreement. 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 are owned by Electric Hat Games LLC. 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. The Game Software contains certain materials licensed by Electric Hat Games LLC. from others, and Electric Hat Games LLC. and Electric Hat Games LLC’s licensors may protect their rights in the event of any violation of this Agreement.
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) License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Application or make the Application available to any third party without the express prior written consent of Electric Hat Games LLC.
(b) Decompile, “reverse-engineer”, disassemble or otherwise attempt to derive the source code for the Game Software.
(c) Modify the Game Software or create any derivative work of the Game Software or accompanying documentation. Derivative works include but are not limited to translations.
GAME SOFTWARE UPDATES AND PATCHES
Electric Hat Games LLC. reserves the right to modify, suspend or discontinue, temporarily or permanently, the Game Software or any service to which it connects, with or without notice and without liability to you.
Electric Hat Games LLC. 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. Electric Hat Games LLC. 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 Electric Hat Games LLC. 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.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
UNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY ELECTRIC HAT GAMES LLC., ELECTRIC HAT GAMES LLC. MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OTHER THAN AS SET FORTH IN THIS AGREEMENT OR IN THE LIMITED WARRANTY DOCUMENTS PROVIDED WITH THE GAME SOFTWARE.
Electric Hat Games LLC. makes no warranty that the Game Software will meet your requirements or operate under specific conditions of use. Electric Hat Games LLC make no warranty that operation of the Game Software will be secure, error free, or free from interruption.
NO ORAL OR WRITTEN ADVICE OR INFORMATION GIVEN BY ELECTRIC HAT GAMES LLC. OR ANY OF ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY
YOU MUST DETERMINE WHETHER THE GAME SOFTWARE SUFFICIENTLY MEETS YOUR REQUIREMENTS FOR SECURITY AND UNINTERRUPTIBILITY. YOU BEAR SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF THE SOFTWARE PRODUCT TO MEET YOUR REQUIREMENTS. ELECTRIC HAT GAMES LLC. WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR THE LOSS OF DATA ON ANY COMPUTER OR INFORMATION STORAGE DEVICE.
UNDER NO CIRCUMSTANCES SHALL ELECTRIC HAT GAMES LLC., ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY OTHER PARTY FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS OR LOSS OF BUSINESS) RESULTING FROM THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE, INSTALLATION, OR USE OF THE GAME SOFTWARE, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, OR THE NEGLIGENCE OF ELECTRIC HAT GAMES LLC. OR ANY OTHER PARTY, EVEN IF ELECTRIC HAT LLC. IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT THE APPLICABLE JURISDICTION LIMITS ELECTRIC HAT GAMES LLC’S ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, THIS DISCLAIMER SHALL BE EFFECTIVE TO THE MAXIMUM EXTENT PERMITTED.
TERM AND TERMINATION
Without prejudice to any other rights of Electric Hat Games LLC., 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”, “DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY”, “TERM AND TERMINATION” and “GOVERNING LAW, JURISDICTION AND COSTS” shall survive any termination of this License.
GOVERNING LAW, JURISDICTION AND COSTS
This Agreement is governed by the laws of the state of Texas, without regard to Texas’s conflict or choice of law provisions.
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 Electric Hat Games shall not grant to you the License (defined below) to the Game Software.
LIMITED USE LICENSE
Electric Hat Games LLC. grants you a revocable, non-exclusive, non-transferable, limited use license to download, install and use one (1) copy of the Game Software solely for your personal, non-commercial purposes strictly in accordance with the terms of this Agreement. 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 are owned by Electric Hat Games LLC. 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. The Game Software contains certain materials licensed by Electric Hat Games LLC. from others, and Electric Hat Games LLC. and Electric Hat Games LLC’s licensors may protect their rights in the event of any violation of this Agreement.
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) License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Application or make the Application available to any third party without the express prior written consent of Electric Hat Games LLC.
(b) Decompile, “reverse-engineer”, disassemble or otherwise attempt to derive the source code for the Game Software.
(c) Modify the Game Software or create any derivative work of the Game Software or accompanying documentation. Derivative works include but are not limited to translations.
GAME SOFTWARE UPDATES AND PATCHES
Electric Hat Games LLC. reserves the right to modify, suspend or discontinue, temporarily or permanently, the Game Software or any service to which it connects, with or without notice and without liability to you.
Electric Hat Games LLC. 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. Electric Hat Games LLC. 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 Electric Hat Games LLC. 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.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
UNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY ELECTRIC HAT GAMES LLC., ELECTRIC HAT GAMES LLC. MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OTHER THAN AS SET FORTH IN THIS AGREEMENT OR IN THE LIMITED WARRANTY DOCUMENTS PROVIDED WITH THE GAME SOFTWARE.
Electric Hat Games LLC. makes no warranty that the Game Software will meet your requirements or operate under specific conditions of use. Electric Hat Games LLC make no warranty that operation of the Game Software will be secure, error free, or free from interruption.
NO ORAL OR WRITTEN ADVICE OR INFORMATION GIVEN BY ELECTRIC HAT GAMES LLC. OR ANY OF ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY
YOU MUST DETERMINE WHETHER THE GAME SOFTWARE SUFFICIENTLY MEETS YOUR REQUIREMENTS FOR SECURITY AND UNINTERRUPTIBILITY. YOU BEAR SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF THE SOFTWARE PRODUCT TO MEET YOUR REQUIREMENTS. ELECTRIC HAT GAMES LLC. WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR THE LOSS OF DATA ON ANY COMPUTER OR INFORMATION STORAGE DEVICE.
UNDER NO CIRCUMSTANCES SHALL ELECTRIC HAT GAMES LLC., ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY OTHER PARTY FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS OR LOSS OF BUSINESS) RESULTING FROM THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE, INSTALLATION, OR USE OF THE GAME SOFTWARE, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, OR THE NEGLIGENCE OF ELECTRIC HAT GAMES LLC. OR ANY OTHER PARTY, EVEN IF ELECTRIC HAT LLC. IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT THE APPLICABLE JURISDICTION LIMITS ELECTRIC HAT GAMES LLC’S ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, THIS DISCLAIMER SHALL BE EFFECTIVE TO THE MAXIMUM EXTENT PERMITTED.
TERM AND TERMINATION
Without prejudice to any other rights of Electric Hat Games LLC., 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”, “DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY”, “TERM AND TERMINATION” and “GOVERNING LAW, JURISDICTION AND COSTS” shall survive any termination of this License.
GOVERNING LAW, JURISDICTION AND COSTS
This Agreement is governed by the laws of the state of Texas, without regard to Texas’s conflict or choice of law provisions.