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End User License Agreement
Please read the following terms and conditions carefully before using this software. Your use, distribution or installation of this copy of "Xemo: Robot Sim" indicates your acceptance of this License Agreement. XEMO GAME here means and includes any and all Software, including but not limited to image files, all accompanying files, data and materials received with your download and installation of "Xemo: Robot Sim.
If you do not agree to any of the terms of this License Agreement, then do not install, distribute or use the XEMO GAME. If you have downloaded and/or installed, but not activated, a single copy from Xemory LLC (“Xemory”) or an authorized distributor, reseller or any retail channel, you may uninstall it and contact Xemory, or the party to which you made payment for said copy, about your having done so, within thirty (30) days after the download and/or installation in order to receive a refund of your payment less any incidental charges. This 30-day refund policy is applicable only to copies of XEMO GAME downloaded by users within the United States. Products downloaded by or shipped to users outside of the United States are strictly non-refundable.
PRIVACY POLICY: The Xemory privacy policy is described on the Xemory website (www.xemory.com/privacy). Please consult it to learn Xemory's current policies to protect the privacy of your information.
PROHIBITED ACTIONS: You may not either (1) distribute XEMO GAME or Software associated with or derived from it, or (2) modify, copy, license, or create derivative works of XEMO GAME, without Xemory’s written approval.
RESPONSIBILITY FOR CONTENT OF YOUR COMMUNICATIONS: You agree that you are solely responsible for the content of all visual, written or audible XEMO GAME related communications created, used or sent by you. You further agree not to use XEMO GAME to communicate any message or material that is harassing, libelous, threatening, obscene and/or indecent; that would violate the intellectual property rights of any party or is otherwise unlawful; that would give rise to civil liability; or that constitutes or encourages conduct that could constitute a criminal offense, under any applicable law or regulation. You further acknowledge, understand and agree that by installing and using XEMO GAME and Software that you may encounter content created, used or communicated by other players or third-parties which messages and materials may be deemed to be offensive, malicious and/or inappropriate and that, nevertheless, you are using XEMO GAME and Software at your own risk and that Xemory shall not be liable to you for such content. Although Xemory is not responsible and disclaims any liability for any such communications or content whether created, used or sent by you or by another player or third-party, Xemory intends to actively monitor XEMO GAME communications and content and may delete any such content of which Xemory becomes aware and/or deny you access to the XEMO GAME, at any time without notice.
GRANT AND SCOPE OF LICENSE. XEMO GAME and Software are licensed, not sold, to you as set forth herein. Subject to the terms and conditions of this License Agreement, Xemory grants you a non-exclusive, non-transferable license for the time period set forth in the download order, and the right to download copies of the XEMO GAME to any PC by installing one copy of the Software, in machine readable format only. Xemory has no obligation to provide you with, and this license does not entitle you to receive, any hard-copy documentation or other printed materials, technical support services, telephone assistance or modifications, enhancements or supplements to the Software. Except as expressly licensed to you in this License Agreement, Xemory retains all right title and interest in and to the Software and all copies thereof. The terms of this license will govern any upgrades provided by Xemory that replace and/or supplement the original XEMO GAME and Software, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
LICENSE OF USER GENERATED CONTENT.
(1) You hereby grant to Xemory and its successors and assigns an exclusive, worldwide, non-royalty, perpetual license, together with any rights and interest which you may have, in and to any robot movement patterns, motions, customizations, descriptions, enhancements, improvements or any other modifications in and to or relating to XEMO GAME and Software, and any future versions thereof, (“User Generated Content”) created and developed by you and shared by you with any on-line or other XEMO GAME communities or servers. You acknowledge and agree that Xemory and its successors and assigns may use any of said User Generated Content for purposes of further development, upgrade, modification and creation of XEMO GAME and Software and other products for commercial use, distribution, license and sale, without payment of any royalties, fees or other compensation and/or liability to you for any third-party infringement. Said grant of license to your User Generated Content, and any rights and interests thereto, shall continue and be retained by Xemory and its successors and assigns and shall not be deemed terminated or revoked upon any termination of this License Agreement, and any provisions of this License Agreement which could relate to or affect said license, including but not limited to the Sections on PROHIBITED ACTIONS, COPYRIGHT, TERMINATION, NO WARRANTIES, LIMITATIONS ON LIABILITY, INDEMNIFICATION, and MISCELLANEOUS, shall survive the termination of this License Agreement.
(2) Subject to the terms and conditions of this License Agreement, Xemory hereby grants you a non-exclusive, non-royalty license to use and access any other User Generated Content developed and created by other XEMO GAME and Software users and shared with and among on-line or other XEMO GAME communities or servers, provided however that the grant of said license is subject to the restrictions set forth in the following Section and anywhere else in this License Agreement.
(3) The terms of these licenses for User Generated Content will govern any upgrades provided by Xemory that replace and/or supplement the original XEMO GAME and Software, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
RESTRICTIONS: You have no right and will not, nor will you authorize or assist others to: (a) produce, manufacture, distribute or copy all or any portion of XEMO GAME and Software, except as expressly allowed in this License Agreement, (b) disassemble, reverse engineer or decompile, or otherwise attempt to derive source code from all or any portion of the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation, (c) modify, translate, or alter all or any portion of XEMO GAME and Software or (d) license, sublicense, assign, transfer, rent, lease, sell, encumber or otherwise transfer title or any other rights in all or any portion of XEMO GAME Software or (e) use XEMO GAME and Software in an attempt to, or in conjunction with, any device, program or service designed to circumvent technological measures employed to control access to XEMO GAME and Software. If you breach any of these restrictions, you may be subject to prosecution and damages and will also indemnify Xemory against any loss related to your failure to conform to the requirements of this Section.
COPYRIGHT: Xemory and its suppliers, as applicable, and their respective successors and assigns, retain ownership of all proprietary rights notices and marks in, or displayed by, XEMO GAME and Software. You will not remove, deface or obscure any of Xemory's or its suppliers' copyright or trademark notices or legends or other proprietary notices on or in the Software.
CODE OF CONDUCT: You agree to follow and comply with the XEMO GAME Code of Conduct, set forth on Xemory’s website (www.xemory.com/conduct) and as amended from time to time, in order to participate in and use XEMO GAME and Software with and among any on-line or other XEMO GAME communities or servers. Failure to comply with the Code of Conduct can result in your exclusion from and denial of your access to any XEMO GAME community or server, and in certain cases, as determined by Xemory in its sole discretion, termination of this License Agreement.
TERMINATION: Excluding the license of your User Generated Content to Xemory and its successors and assigns, the licenses granted herein are effective until this License Agreement is terminated by you or XEMORY. You may terminate this License Agreement at any time by providing written notice to Xemory and destroying all full and partial copies of XEMO GAME and Software received or produced by you. If you fail to comply with any term of this License Agreement, Xemory may terminate this License Agreement upon written notice to you, including deactivating your copy (or copies) of XEMO GAME and Software, and you will then also destroy and uninstall all full and partial copies of XEMO GAME and Software received or produced by you. If Xemory loses its rights as to all or any part of the Software due to reasons beyond Xemory's control, Xemory may terminate this License Agreement upon 10 days’ notice, and you will immediately destroy all full and partial copies of XEMO GAME and Software received or produced by or before the effective date of termination. Upon Xemory's request, you will certify in writing that you have complied with your obligations to destroy all full and partial copies of XEMO GAME and Software as set forth in this Section. Xemory may also terminate this License Agreement upon failure to pay subscription fees, if any, when due.
ALPHA RELEASE: In the event that the Software is an alpha release version, the terms of this Section shall apply. Your license to use XEMO GAME and Software expires 45 days after installation (or such other period as indicated by Xemory) and the Software may cease to function at that time. The XEMO GAME and Software you are receiving may contain more or less features than the commercial release of the product that Xemory intends to distribute. While Xemory intends to distribute a commercial release of XEMO GAME and Software, Xemory reserves the right at any time not to release a commercial release of XEMO GAME and Software or, if released, to alter features, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics of the commercial release. You agree that the alpha release versions are not suitable for production use and may contain errors affecting their proper operation. You agree that you will not do anything to circumvent or defeat the features designed to stop the Software from operating after the license expires.
BETA RELEASE OR EARLY-ACCESS VERSIONS: In the event that the Software is a beta release or early-access version, the terms of this Section shall apply. Your license to use XEMO GAME and Software expires 120 days after installation (or such other period as indicated by Xemory), and XEMO GAME and Software may cease to function at that time. The XEMO GAME and Software you are receiving may contain more or less features than the commercial release of the Xemory product that Xemory intends to distribute. While Xemory intends to distribute a commercial release of the Software, Xemory reserves the right at any time not to release a commercial release of the Software or, if released, to alter features, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics of the commercial release. You agree that the beta release or early-access versions are not suitable for production use and may contain errors affecting their proper operation. You agree that you will not do anything to circumvent or defeat the features designed to stop the Software from operating after the license expires.
NO WARRANTIES: YOU UNDERSTAND AND AGREE THAT XEMO GAME AND THE SOFTWARE ARE PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY. XEMORY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF ACCURACY, OF FITNESS FOR A PARTICULAR PURPOSE OR OF NON-INFRINGEMENT OF ANY THIRD-PARTY RIGHTS. XEMORY MAKES NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF XEMO GAME AND SOFTWARE, OR THAT THE USE OF XEMO GAME AND SOFTWARE WILL MEET ANY USER'S REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, OR THAT DEFECTS IN XEMO GAME AND SOFTWARE WILL BE CORRECTED. USE OF XEMO GAME AND SOFTWARE IS AT YOUR SOLE RISK, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU AS THE USER. ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF XEMO GAME AND SOFTWARE IS AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOU RESULTING FROM THE USE OF XEMO GAME OR SOFTWARE. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF XEMO GAME AND SOFTWARE REMAINS WITH YOU. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY XEMORY OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OF ANY KIND. Some jurisdictions do not allow limitations on implied warranties, so the above limitation may not apply to you. In that event, such warranties are limited to the minimum warranties allowed by the applicable law.
LIMITATION OF LIABILITY; INDEMNIFICATION: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL XEMORY OR ITS AFFILIATES, SUPPLIERS ,RESELLERS, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS OR DAMAGE) ARISING OUT OF THE USE OF OR INABILITY TO USE XEMO GAME OR THE SOFTWARE OR THE PROVISION OF OR FAILURE TO PROVIDE TECHNICAL OR OTHER SUPPORT SERVICES, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE) CONTRACT OR ANY OTHER LEGAL THEORY, EVEN IF XEMORY, ITS AFFILIATES, SUPPLIERS,RESELLERS OR SUCCSSORS AND ASSIGNS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, XEMORY, ITS AFFILIATES, SUPPLIERS, RESELLERS, SUCCESSORS AND ASSIGNS MAXIMUM CUMULATIVE LIABILITY AND YOUR EXCLUSIVE REMEDY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THIS LICENSE AGREEMENT WILL BE LIMITED TO THE AMOUNT(IF ANY) ACTUALLY PAID BY YOU FOR XEMO GAME AND SOFTWARE. Because some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to you. You also agree to indemnify, defend and hold harmless Xemory, its affiliates, officers, directors, employees, consultants, agents, suppliers, resellers, successors and assigns from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys’ fees) arising from your use of XEMO GAME and Software.
MISCELLANEOUS: This License Agreement shall be governed by and construed under the laws of the State of Vermont, exclusive of its choice of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Failure by either party to exercise any of its rights under, or to enforce any provision of, this License Agreement will not be deemed a waiver or forfeiture of such rights or ability to enforce such provision. If any provision of this License Agreement is held by a court of competent jurisdiction to be illegal, invalid or unenforceable, that provision will be amended to achieve as nearly as possible the same economic effect of the original provision and the remainder of this License Agreement will remain in full force and effect. This License Agreement embodies the entire understanding and agreement between the parties respecting the subject matter of this License Agreement and supersedes any and all prior understandings and agreements between the parties respecting such subject matter. Xemory may change the terms of this License Agreement at any time by posting modified terms on its website. Any and all rights and remedies of Xemory upon your breach or other default under this License Agreement will be deemed cumulative and not exclusive of any other right or remedy conferred by this License Agreement or by law or equity on Xemory, and the exercise of any one remedy will not preclude the exercise of any other.
Contact Information for Xemory LLC,
By email: robots@xemory.com
By mail:
Xemory LLC,
Farrell Hall
210 Colchester Ave,
Burlington VT
05452
Website: www.xemo.io
Please read the following terms and conditions carefully before using this software. Your use, distribution or installation of this copy of "Xemo: Robot Sim" indicates your acceptance of this License Agreement. XEMO GAME here means and includes any and all Software, including but not limited to image files, all accompanying files, data and materials received with your download and installation of "Xemo: Robot Sim.
If you do not agree to any of the terms of this License Agreement, then do not install, distribute or use the XEMO GAME. If you have downloaded and/or installed, but not activated, a single copy from Xemory LLC (“Xemory”) or an authorized distributor, reseller or any retail channel, you may uninstall it and contact Xemory, or the party to which you made payment for said copy, about your having done so, within thirty (30) days after the download and/or installation in order to receive a refund of your payment less any incidental charges. This 30-day refund policy is applicable only to copies of XEMO GAME downloaded by users within the United States. Products downloaded by or shipped to users outside of the United States are strictly non-refundable.
PRIVACY POLICY: The Xemory privacy policy is described on the Xemory website (www.xemory.com/privacy). Please consult it to learn Xemory's current policies to protect the privacy of your information.
PROHIBITED ACTIONS: You may not either (1) distribute XEMO GAME or Software associated with or derived from it, or (2) modify, copy, license, or create derivative works of XEMO GAME, without Xemory’s written approval.
RESPONSIBILITY FOR CONTENT OF YOUR COMMUNICATIONS: You agree that you are solely responsible for the content of all visual, written or audible XEMO GAME related communications created, used or sent by you. You further agree not to use XEMO GAME to communicate any message or material that is harassing, libelous, threatening, obscene and/or indecent; that would violate the intellectual property rights of any party or is otherwise unlawful; that would give rise to civil liability; or that constitutes or encourages conduct that could constitute a criminal offense, under any applicable law or regulation. You further acknowledge, understand and agree that by installing and using XEMO GAME and Software that you may encounter content created, used or communicated by other players or third-parties which messages and materials may be deemed to be offensive, malicious and/or inappropriate and that, nevertheless, you are using XEMO GAME and Software at your own risk and that Xemory shall not be liable to you for such content. Although Xemory is not responsible and disclaims any liability for any such communications or content whether created, used or sent by you or by another player or third-party, Xemory intends to actively monitor XEMO GAME communications and content and may delete any such content of which Xemory becomes aware and/or deny you access to the XEMO GAME, at any time without notice.
GRANT AND SCOPE OF LICENSE. XEMO GAME and Software are licensed, not sold, to you as set forth herein. Subject to the terms and conditions of this License Agreement, Xemory grants you a non-exclusive, non-transferable license for the time period set forth in the download order, and the right to download copies of the XEMO GAME to any PC by installing one copy of the Software, in machine readable format only. Xemory has no obligation to provide you with, and this license does not entitle you to receive, any hard-copy documentation or other printed materials, technical support services, telephone assistance or modifications, enhancements or supplements to the Software. Except as expressly licensed to you in this License Agreement, Xemory retains all right title and interest in and to the Software and all copies thereof. The terms of this license will govern any upgrades provided by Xemory that replace and/or supplement the original XEMO GAME and Software, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
LICENSE OF USER GENERATED CONTENT.
(1) You hereby grant to Xemory and its successors and assigns an exclusive, worldwide, non-royalty, perpetual license, together with any rights and interest which you may have, in and to any robot movement patterns, motions, customizations, descriptions, enhancements, improvements or any other modifications in and to or relating to XEMO GAME and Software, and any future versions thereof, (“User Generated Content”) created and developed by you and shared by you with any on-line or other XEMO GAME communities or servers. You acknowledge and agree that Xemory and its successors and assigns may use any of said User Generated Content for purposes of further development, upgrade, modification and creation of XEMO GAME and Software and other products for commercial use, distribution, license and sale, without payment of any royalties, fees or other compensation and/or liability to you for any third-party infringement. Said grant of license to your User Generated Content, and any rights and interests thereto, shall continue and be retained by Xemory and its successors and assigns and shall not be deemed terminated or revoked upon any termination of this License Agreement, and any provisions of this License Agreement which could relate to or affect said license, including but not limited to the Sections on PROHIBITED ACTIONS, COPYRIGHT, TERMINATION, NO WARRANTIES, LIMITATIONS ON LIABILITY, INDEMNIFICATION, and MISCELLANEOUS, shall survive the termination of this License Agreement.
(2) Subject to the terms and conditions of this License Agreement, Xemory hereby grants you a non-exclusive, non-royalty license to use and access any other User Generated Content developed and created by other XEMO GAME and Software users and shared with and among on-line or other XEMO GAME communities or servers, provided however that the grant of said license is subject to the restrictions set forth in the following Section and anywhere else in this License Agreement.
(3) The terms of these licenses for User Generated Content will govern any upgrades provided by Xemory that replace and/or supplement the original XEMO GAME and Software, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
RESTRICTIONS: You have no right and will not, nor will you authorize or assist others to: (a) produce, manufacture, distribute or copy all or any portion of XEMO GAME and Software, except as expressly allowed in this License Agreement, (b) disassemble, reverse engineer or decompile, or otherwise attempt to derive source code from all or any portion of the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation, (c) modify, translate, or alter all or any portion of XEMO GAME and Software or (d) license, sublicense, assign, transfer, rent, lease, sell, encumber or otherwise transfer title or any other rights in all or any portion of XEMO GAME Software or (e) use XEMO GAME and Software in an attempt to, or in conjunction with, any device, program or service designed to circumvent technological measures employed to control access to XEMO GAME and Software. If you breach any of these restrictions, you may be subject to prosecution and damages and will also indemnify Xemory against any loss related to your failure to conform to the requirements of this Section.
COPYRIGHT: Xemory and its suppliers, as applicable, and their respective successors and assigns, retain ownership of all proprietary rights notices and marks in, or displayed by, XEMO GAME and Software. You will not remove, deface or obscure any of Xemory's or its suppliers' copyright or trademark notices or legends or other proprietary notices on or in the Software.
CODE OF CONDUCT: You agree to follow and comply with the XEMO GAME Code of Conduct, set forth on Xemory’s website (www.xemory.com/conduct) and as amended from time to time, in order to participate in and use XEMO GAME and Software with and among any on-line or other XEMO GAME communities or servers. Failure to comply with the Code of Conduct can result in your exclusion from and denial of your access to any XEMO GAME community or server, and in certain cases, as determined by Xemory in its sole discretion, termination of this License Agreement.
TERMINATION: Excluding the license of your User Generated Content to Xemory and its successors and assigns, the licenses granted herein are effective until this License Agreement is terminated by you or XEMORY. You may terminate this License Agreement at any time by providing written notice to Xemory and destroying all full and partial copies of XEMO GAME and Software received or produced by you. If you fail to comply with any term of this License Agreement, Xemory may terminate this License Agreement upon written notice to you, including deactivating your copy (or copies) of XEMO GAME and Software, and you will then also destroy and uninstall all full and partial copies of XEMO GAME and Software received or produced by you. If Xemory loses its rights as to all or any part of the Software due to reasons beyond Xemory's control, Xemory may terminate this License Agreement upon 10 days’ notice, and you will immediately destroy all full and partial copies of XEMO GAME and Software received or produced by or before the effective date of termination. Upon Xemory's request, you will certify in writing that you have complied with your obligations to destroy all full and partial copies of XEMO GAME and Software as set forth in this Section. Xemory may also terminate this License Agreement upon failure to pay subscription fees, if any, when due.
ALPHA RELEASE: In the event that the Software is an alpha release version, the terms of this Section shall apply. Your license to use XEMO GAME and Software expires 45 days after installation (or such other period as indicated by Xemory) and the Software may cease to function at that time. The XEMO GAME and Software you are receiving may contain more or less features than the commercial release of the product that Xemory intends to distribute. While Xemory intends to distribute a commercial release of XEMO GAME and Software, Xemory reserves the right at any time not to release a commercial release of XEMO GAME and Software or, if released, to alter features, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics of the commercial release. You agree that the alpha release versions are not suitable for production use and may contain errors affecting their proper operation. You agree that you will not do anything to circumvent or defeat the features designed to stop the Software from operating after the license expires.
BETA RELEASE OR EARLY-ACCESS VERSIONS: In the event that the Software is a beta release or early-access version, the terms of this Section shall apply. Your license to use XEMO GAME and Software expires 120 days after installation (or such other period as indicated by Xemory), and XEMO GAME and Software may cease to function at that time. The XEMO GAME and Software you are receiving may contain more or less features than the commercial release of the Xemory product that Xemory intends to distribute. While Xemory intends to distribute a commercial release of the Software, Xemory reserves the right at any time not to release a commercial release of the Software or, if released, to alter features, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics of the commercial release. You agree that the beta release or early-access versions are not suitable for production use and may contain errors affecting their proper operation. You agree that you will not do anything to circumvent or defeat the features designed to stop the Software from operating after the license expires.
NO WARRANTIES: YOU UNDERSTAND AND AGREE THAT XEMO GAME AND THE SOFTWARE ARE PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY. XEMORY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF ACCURACY, OF FITNESS FOR A PARTICULAR PURPOSE OR OF NON-INFRINGEMENT OF ANY THIRD-PARTY RIGHTS. XEMORY MAKES NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF XEMO GAME AND SOFTWARE, OR THAT THE USE OF XEMO GAME AND SOFTWARE WILL MEET ANY USER'S REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, OR THAT DEFECTS IN XEMO GAME AND SOFTWARE WILL BE CORRECTED. USE OF XEMO GAME AND SOFTWARE IS AT YOUR SOLE RISK, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU AS THE USER. ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF XEMO GAME AND SOFTWARE IS AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOU RESULTING FROM THE USE OF XEMO GAME OR SOFTWARE. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF XEMO GAME AND SOFTWARE REMAINS WITH YOU. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY XEMORY OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OF ANY KIND. Some jurisdictions do not allow limitations on implied warranties, so the above limitation may not apply to you. In that event, such warranties are limited to the minimum warranties allowed by the applicable law.
LIMITATION OF LIABILITY; INDEMNIFICATION: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL XEMORY OR ITS AFFILIATES, SUPPLIERS ,RESELLERS, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS OR DAMAGE) ARISING OUT OF THE USE OF OR INABILITY TO USE XEMO GAME OR THE SOFTWARE OR THE PROVISION OF OR FAILURE TO PROVIDE TECHNICAL OR OTHER SUPPORT SERVICES, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE) CONTRACT OR ANY OTHER LEGAL THEORY, EVEN IF XEMORY, ITS AFFILIATES, SUPPLIERS,RESELLERS OR SUCCSSORS AND ASSIGNS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, XEMORY, ITS AFFILIATES, SUPPLIERS, RESELLERS, SUCCESSORS AND ASSIGNS MAXIMUM CUMULATIVE LIABILITY AND YOUR EXCLUSIVE REMEDY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THIS LICENSE AGREEMENT WILL BE LIMITED TO THE AMOUNT(IF ANY) ACTUALLY PAID BY YOU FOR XEMO GAME AND SOFTWARE. Because some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to you. You also agree to indemnify, defend and hold harmless Xemory, its affiliates, officers, directors, employees, consultants, agents, suppliers, resellers, successors and assigns from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys’ fees) arising from your use of XEMO GAME and Software.
MISCELLANEOUS: This License Agreement shall be governed by and construed under the laws of the State of Vermont, exclusive of its choice of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Failure by either party to exercise any of its rights under, or to enforce any provision of, this License Agreement will not be deemed a waiver or forfeiture of such rights or ability to enforce such provision. If any provision of this License Agreement is held by a court of competent jurisdiction to be illegal, invalid or unenforceable, that provision will be amended to achieve as nearly as possible the same economic effect of the original provision and the remainder of this License Agreement will remain in full force and effect. This License Agreement embodies the entire understanding and agreement between the parties respecting the subject matter of this License Agreement and supersedes any and all prior understandings and agreements between the parties respecting such subject matter. Xemory may change the terms of this License Agreement at any time by posting modified terms on its website. Any and all rights and remedies of Xemory upon your breach or other default under this License Agreement will be deemed cumulative and not exclusive of any other right or remedy conferred by this License Agreement or by law or equity on Xemory, and the exercise of any one remedy will not preclude the exercise of any other.
Contact Information for Xemory LLC,
By email: robots@xemory.com
By mail:
Xemory LLC,
Farrell Hall
210 Colchester Ave,
Burlington VT
05452
Website: www.xemo.io