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THE MUYBRIDGE MAUSOLEUM END USER LICENSE AGREEMENT
PLEASE READ THE FOLLOWING END USER LICENSE AGREEMENT (“AGREEMENT”) BEFORE INSTALLING THE MUYBRIDGE MAUSOLEUM, (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 MOST ANCIENT, WWW.MOSTANCIENT.COM.
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.
Most importantly, as far as Most Ancient is concerned:
DON’T SELL COPIES OF THE MUYBRIDGE MAUSOLEUM.
ALWAYS GIVE CREDIT TO MOST ANCIENT IF SHARING SCREENSHOTS OR OTHER CAPTURED MEDIA.
We used the Unreal® Engine. See the section below called “Disclaimers and Limitation of Liability: Unreal® Engine” to see how this might effect your use of The Muybridge Mausoleum.
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 Most Ancient 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, any associated media, and any and all copies of such software and materials. Most Ancient grants to you the non-exclusive, limited right and license to install and use the Game Software for your personal use (the “License”). All rights not specifically granted under this License are hereby reserved by Most Ancient. This License should not be construed as a transfer of any intellectual property or other rights to the Game Software.
OWNERSHIP
You agree and acknowledge that all title and intellectual property rights connected with the Game Software are owned by Most Ancient. 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 Most Ancient from others, and Most Ancient and Most Ancient's licensors may protect their rights in the event of any violation of this Agreement.
TERM AND TERMINATION
Without prejudice to any other rights of Most Ancient, the License shall remain in effect for as long as you use, operate or run the Game. 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.
INDEMNITY
You agree to indemnify, defend and hold harmless Most Ancient, 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 MOST ANCIENT CONCERNING THE GAME SOFTWARE, SHALL BE CONSTRUED AND ENFORCED UNDER CALIFORNIA LAW AS SUCH LAW IS APPLIED TO AGREEMENTS BETWEEN CALIFORNIA RESIDENTS ENTERED INTO AND TO BE PERFORMED WITHIN CALIFORNIA, WITHOUT REGARD TO CALIFORNIA’S CONFLICTS OF LAW PRINCIPLES. TO THE EXTENT ANY CLAIMS ARE GOVERNED BY FEDERAL LAW, SUCH FEDERAL LAW ALSO SHALL BE APPLICABLE. YOU AND MOST ANCIENT CONSENT TO THE EXCLUSIVE PERSONAL JURISDICTION OF THE STATE AND FEDERAL COURTS LOCATED IN OAKLAND, CALIFORNIA, IN CONNECTION WITH ANY CLAIM OR DISPUTE CONCERNING THIS AGREEMENT OR THE GAME SOFTWARE, AND YOU AND MOST ANCIENT 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
Most Ancient reserves the right to amend this Agreement at any time, at its sole discretion, but will post such changes on the Most Ancient 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 Most Ancient concerning the License and your rights to use the Game Software, and supersedes all prior agreements and representations, warranties or understandings between you and Most Ancient (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, please write to support@mostancient.com.
“Disclaimers and Limitation of Liability: Unreal® Engine”
The Muybridge Mausoleum ("TMM") includes the Unreal® Engine code and other code, materials, and information (the “Epic Materials”) from Epic Games, Inc. (“Epic”). All Epic Materials are provided on an “as is and “as available” basis, “with all faults” and without warranty of any kind. Most Ancient, Epic, and Epic’s affiliates disclaim all warranties, conditions, common law duties, and representations (express, implied, oral, and written) with respect to the Epic Materials, including without limitation all express, implied, and statutory warranties and conditions of any kind, such as title, non-interference with your enjoyment, authority, non-infringement, merchantability, fitness or suitability for any purpose (whether or not Epic knows or has reason to know of any such purpose), system integration, accuracy or completeness, results, reasonable care, workmanlike effort, lack of negligence, and lack of viruses, whether alleged to arise under law, by reason of custom or usage in the trade, or by course of dealing. Without limiting the generality of the foregoing, Most Ancient, Epic, and Epic’s affiliates make no warranty that (1) any of the Epic Materials will operate properly, including as integrated in TMM, (2) that the Epic Materials will meet your requirements, (3) that the operation of the Epic Materials will be uninterrupted, bug free, or error free in any or all circumstances, (4) that any defects in the Epic Materials can or will be corrected, (5) that the Epic Materials are or will be in compliance with a platform manufacturer’s rules or requirements, or (6) that a platform manufacturer has approved or will approve TMM, or will not revoke approval of TMM for any or no reason. Any warranty against infringement that may be provided in Section 2-312 of the Uniform Commercial Code or in any other comparable statute is expressly disclaimed by Most Ancient and Epic. Most Ancient, Epic, and Epic’s affiliates do not guarantee continuous, error-free, virus-free, or secure operation of or access to the Epic Materials. This paragraph will apply to the maximum extent permitted by applicable law.
To the maximum extent permitted by applicable law, neither Most Ancient, Epic, Epic’s licensors, nor its or their affiliates, nor any of Most Ancient’s or Epic’s service providers, shall be liable in any way for loss or damage of any kind resulting from the use or inability to use the Epic Materials or otherwise in connection with TMM, including but not limited to loss of goodwill, work stoppage, computer failure, or malfunction, or any and all other commercial damages or losses. In no event will Most Ancient, Epic, Epic’s licensors, nor its or their affiliates, nor any of Most Ancient’s or Epic’s service providers be liable for any loss of profits or any indirect, incidental, consequential, special, punitive, or exemplary damages, or any other damages arising out of or in connection with TMM or the Epic Materials, or the delay or inability to use or lack of functionality of the Epic Materials, even in the event of Most Ancient’s, Epic’s, or Epic’s affiliates’ fault, tort (including negligence), strict liability, indemnity, product liability, breach of contract, breach of warranty, or otherwise and even if Most Ancient, Epic or Epic’s affiliates have been advised of the possibility of such damages. These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate compensation.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Most Ancient, Epic, Epic’s licensors, its and their affiliates, and any of Most Ancient’s or Epic’s service providers shall be limited to the full extent permitted by law.
PLEASE READ THE FOLLOWING END USER LICENSE AGREEMENT (“AGREEMENT”) BEFORE INSTALLING THE MUYBRIDGE MAUSOLEUM, (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 MOST ANCIENT, WWW.MOSTANCIENT.COM.
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.
Most importantly, as far as Most Ancient is concerned:
DON’T SELL COPIES OF THE MUYBRIDGE MAUSOLEUM.
ALWAYS GIVE CREDIT TO MOST ANCIENT IF SHARING SCREENSHOTS OR OTHER CAPTURED MEDIA.
We used the Unreal® Engine. See the section below called “Disclaimers and Limitation of Liability: Unreal® Engine” to see how this might effect your use of The Muybridge Mausoleum.
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 Most Ancient 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, any associated media, and any and all copies of such software and materials. Most Ancient grants to you the non-exclusive, limited right and license to install and use the Game Software for your personal use (the “License”). All rights not specifically granted under this License are hereby reserved by Most Ancient. This License should not be construed as a transfer of any intellectual property or other rights to the Game Software.
OWNERSHIP
You agree and acknowledge that all title and intellectual property rights connected with the Game Software are owned by Most Ancient. 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 Most Ancient from others, and Most Ancient and Most Ancient's licensors may protect their rights in the event of any violation of this Agreement.
TERM AND TERMINATION
Without prejudice to any other rights of Most Ancient, the License shall remain in effect for as long as you use, operate or run the Game. 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.
INDEMNITY
You agree to indemnify, defend and hold harmless Most Ancient, 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 MOST ANCIENT CONCERNING THE GAME SOFTWARE, SHALL BE CONSTRUED AND ENFORCED UNDER CALIFORNIA LAW AS SUCH LAW IS APPLIED TO AGREEMENTS BETWEEN CALIFORNIA RESIDENTS ENTERED INTO AND TO BE PERFORMED WITHIN CALIFORNIA, WITHOUT REGARD TO CALIFORNIA’S CONFLICTS OF LAW PRINCIPLES. TO THE EXTENT ANY CLAIMS ARE GOVERNED BY FEDERAL LAW, SUCH FEDERAL LAW ALSO SHALL BE APPLICABLE. YOU AND MOST ANCIENT CONSENT TO THE EXCLUSIVE PERSONAL JURISDICTION OF THE STATE AND FEDERAL COURTS LOCATED IN OAKLAND, CALIFORNIA, IN CONNECTION WITH ANY CLAIM OR DISPUTE CONCERNING THIS AGREEMENT OR THE GAME SOFTWARE, AND YOU AND MOST ANCIENT 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
Most Ancient reserves the right to amend this Agreement at any time, at its sole discretion, but will post such changes on the Most Ancient 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 Most Ancient concerning the License and your rights to use the Game Software, and supersedes all prior agreements and representations, warranties or understandings between you and Most Ancient (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, please write to support@mostancient.com.
“Disclaimers and Limitation of Liability: Unreal® Engine”
The Muybridge Mausoleum ("TMM") includes the Unreal® Engine code and other code, materials, and information (the “Epic Materials”) from Epic Games, Inc. (“Epic”). All Epic Materials are provided on an “as is and “as available” basis, “with all faults” and without warranty of any kind. Most Ancient, Epic, and Epic’s affiliates disclaim all warranties, conditions, common law duties, and representations (express, implied, oral, and written) with respect to the Epic Materials, including without limitation all express, implied, and statutory warranties and conditions of any kind, such as title, non-interference with your enjoyment, authority, non-infringement, merchantability, fitness or suitability for any purpose (whether or not Epic knows or has reason to know of any such purpose), system integration, accuracy or completeness, results, reasonable care, workmanlike effort, lack of negligence, and lack of viruses, whether alleged to arise under law, by reason of custom or usage in the trade, or by course of dealing. Without limiting the generality of the foregoing, Most Ancient, Epic, and Epic’s affiliates make no warranty that (1) any of the Epic Materials will operate properly, including as integrated in TMM, (2) that the Epic Materials will meet your requirements, (3) that the operation of the Epic Materials will be uninterrupted, bug free, or error free in any or all circumstances, (4) that any defects in the Epic Materials can or will be corrected, (5) that the Epic Materials are or will be in compliance with a platform manufacturer’s rules or requirements, or (6) that a platform manufacturer has approved or will approve TMM, or will not revoke approval of TMM for any or no reason. Any warranty against infringement that may be provided in Section 2-312 of the Uniform Commercial Code or in any other comparable statute is expressly disclaimed by Most Ancient and Epic. Most Ancient, Epic, and Epic’s affiliates do not guarantee continuous, error-free, virus-free, or secure operation of or access to the Epic Materials. This paragraph will apply to the maximum extent permitted by applicable law.
To the maximum extent permitted by applicable law, neither Most Ancient, Epic, Epic’s licensors, nor its or their affiliates, nor any of Most Ancient’s or Epic’s service providers, shall be liable in any way for loss or damage of any kind resulting from the use or inability to use the Epic Materials or otherwise in connection with TMM, including but not limited to loss of goodwill, work stoppage, computer failure, or malfunction, or any and all other commercial damages or losses. In no event will Most Ancient, Epic, Epic’s licensors, nor its or their affiliates, nor any of Most Ancient’s or Epic’s service providers be liable for any loss of profits or any indirect, incidental, consequential, special, punitive, or exemplary damages, or any other damages arising out of or in connection with TMM or the Epic Materials, or the delay or inability to use or lack of functionality of the Epic Materials, even in the event of Most Ancient’s, Epic’s, or Epic’s affiliates’ fault, tort (including negligence), strict liability, indemnity, product liability, breach of contract, breach of warranty, or otherwise and even if Most Ancient, Epic or Epic’s affiliates have been advised of the possibility of such damages. These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate compensation.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Most Ancient, Epic, Epic’s licensors, its and their affiliates, and any of Most Ancient’s or Epic’s service providers shall be limited to the full extent permitted by law.