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END USER LICENSE AGREEMENT (EULA) Last Updated: 1/18/2018
For The Stars
For The Stars (the “Game”) is an online computer game developed by Carbon Fiber Games LLC. In this License Agreement (as defined below), “Carbon Fiber Games” means Carbon Fiber Games LLC and its licensees, as applicable; “you” and “your” mean the user of the computer on which the Game will be or has been installed and who therefore agrees to this License Agreement.
PLEASE READ THIS END USER LICENSE AGREEMENT (THIS “EULA” OR “LICENSE AGREEMENT”) CAREFULLY. BY USING THE GAME OR INSTALLING THE GAME CLIENT GAME (THE “GAME”), YOU AGREE THAT THIS LICENSE AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN CONTRACT SIGNED BY YOU. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS EULA, EXIT THE GAME AND UNINSTALL IT FROM YOUR COMPUTER. BY ENTERING INTO THIS LICENSE AGREEMENT, YOU REPRESENT THAT YOU ARE OF AGE OF MAJORITY AND HAVE THE LEGAL CAPACITY TO ENTER INTO A CONTRACT IN THE JURISDICTION WHERE YOU RESIDE.
If the End User has not attained the age of majority, he/she is obliged to obtain the necessary permission in the form required by law from the parents or other legal representatives. No child under the age of 13 is allowed to play the Game.
To send necessary permission as a parent or other legal representative, please e-mail: carbonfibergamescontact@gmail.com for more information.
THE TERMS OF THIS AGREEMENT MAY BE AMENDED, SUPPLEMENTED, OR MODIFIED AT ANY TIME BY CARBON FIBER GAMES IN ITS SOLE DISCRETION, INCLUDING, WITHOUT LIMITATION, WHEN CARBON FIBER GAMES UPDATES OR UPGRADES THE GAME PRODUCT. The revised version will be presented when the game is launched and will need to be accepted to continue your use of the Game. If any 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 by uninstalling the Game from your computer. Your installation and use of any updates, upgrades, or modifications to the Game or your continued use of the Game following notice of changes to this Agreement shall conclusively demonstrate your acceptance of such changes. Carbon Fiber Games may change, modify, suspend, or discontinue any aspect of the Game at any time and/or impose limits and restrictions on certain features or restrict your access to parts or all of the Game without notice or liability. You have no interest, monetary or otherwise, in any feature or content contained in the Game.
1. LIMITED USE LICENSE
Subject to the terms and conditions of this License Agreement and your agreement therewith, Carbon Fiber Games Studios hereby grants to you and you hereby accept a limited, non-exclusive, non-transferable license, for such time until either you or Carbon Fiber Games Studios terminates this License Agreement, to internally install and execute solely as a component of the Game (i) and related explanatory materials (“Documentation”); and (ii) any Game upgrades, patches, subsequent versions, and updates (collectively, “Updates”) licensed to you by Carbon Fiber Games Studios. The Game and the Game are provided for your individual, non-commercial, entertainment purposes only and may not be used for any other purpose or in any other way. Except as may be expressly permitted by Carbon Fiber Games Studios, you may not sell, copy, exchange, transfer, publish, assign or otherwise distribute anything you copy or derive from the Game. The license granted to you herein shall be royalty-free.
Your Additional Duties and Obligations.
a) As a condition precedent to the licenses granted in this Agreement, You may not, in whole or in part, copy, photocopy, reproduce, translate, reverse engineer, derive source code from, modify, disassemble, decompile, or create derivative works based on the Game, or any element thereof or otherwise seek to discover the source code, components, digital rights management, format or other protocols associated with the Game or remove or alter any proprietary notices or labels on the Game. You may not make use of, or cause any other person or entity to make use of, the Game in exchange for payment without the express written consent of Carbon Fiber Games. Failure to comply with the restrictions and limitations contained in this Section shall result in the immediate, automatic termination of the license granted hereunder and may subject You to civil and/or criminal liability.
b) By accepting the terms of this Agreement, You represent and warrant to Carbon Fiber Games that You will not:
c) rent, lease, lend, sell, sublicense, assign, auction or otherwise transfer any portion of the Game without the express written consent of Carbon Fiber Games
d) allow another party access to your account information;
e) host, provide or develop services for the Game or intercept, emulate or redirect the communication protocols used by or on behalf of Carbon Fiber Games in any way, including without limitation through protocol emulation, tunneling, packet sniffing, modifying or adding components to the Game, use of a utility program or any other techniques now known or hereafter developed, for any purpose, including without limitation unauthorized network play over the Internet, network play utilizing commercial or non-commercial gaming networks, or as part of content aggregation networks;
f) facilitate, create or maintain any unauthorized connection to the Game or the Service, including without limitation, any connection to any unauthorized server that emulates or attempts to emulate the Service. All connections to the Game and/or the Service, whether created by the Game or by other tools and utilities, may only be made through methods and means expressly approved by Carbon Fiber Games. Under no circumstances may You connect or create tools that allow You or others to connect, to the Game’s proprietary interface other than those expressly provided by Carbon Fiber Games for public use;
g) fail at any time to comply with the Terms & Conditions;
Use any unauthorized third-party programs that interact with the Game in any way, including but not limited to, “mods,” “hacks,” “cheats,” “scripts,” “bots,” “trainers,” or automation programs, or any third-party programs that intercept, emulate or redirect any communication between the Game and Carbon Fiber Games Studios, or that collect information about the Game by reading areas of memory used by the Game to store information about the Game.
2. OWNERSHIP
Intellectual Property Rights. As between You and Carbon Fiber Games, all right, title, interest, license and intellectual and other property rights in and to the Game and all copies or other reproductions thereof (including, without limitation, the copyright and other intellectual property rights in any images, photographs, animations, video, audio, music, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artwork, character, structural or landscape designs, sounds, musical compositions, audio-visual effects, storylines, character likenesses, methods of operation, and any related documentation or text incorporated into the Game) are exclusively owned or licensed by Carbon Fiber Games. All right, title, license and intellectual and other property rights in and to the content of any third party which may be accessed through use of the Game are the property of the respective content owner (or their licensees) and may be protected by applicable copyright or other intellectual property laws and treaties. This Agreement grants You no rights to use such content. If the Game contains documentation which is provided only in electronic form, You may print one copy of such electronic documentation for your private use. You may not copy the printed or digital materials accompanying the Game. All rights not expressly granted are reserved by Carbon Fiber Games. You may not transfer or otherwise assign all or any portion of your rights, duties or obligations under this Agreement to any person.
3. CONSENT TO MONITORING
Restricted Software.
BY USING THE GAME, YOU ACKNOWLEDGE AND AGREE THAT: (A) THE GAME, FROM TIME TO TIME AND AT ANY TIMES, MAY ENABLE CARBON FIBER GAMES (OR A THIRD PARTY ON BEHALF OF CARBON FIBER GAMES) TO MONITOR YOUR COMPUTER’S RANDOM ACCESS MEMORY (“RAM”) FOR RESTRICTED SOFTWARE THAT OPERATES CONCURRENTLY WITH THE GAME. FOR PURPOSES OF THIS AGREEMENT, THE TERM “RESTRICTED SOFTWARE” MEANS ANY THIRD PARTY SOFTWARE, INCLUDING WITHOUT LIMITATION, ANY “ADD ON,” “MOD,” “MODIFICATION,” “HACK,” “TRAINER,” OR “CHEAT,” THAT, IN CARBON FIBER GAMES’S SOLE DETERMINATION: (i) ENABLES OR FACILITATES CHEATING OF ANY TYPE; (ii) ALLOWS USERS TO MODIFY OR OTHERWISE ALTER THE GAME INTERFACE, ENVIRONMENT, AND/OR EXPERIENCE IN ANY WAY NOT EXPRESSLY AUTHORIZED BY CARBON FIBER GAMES; OR (iii) INTERCEPTS, GATHERS, SEEKS OUT, OR OTHERWISE COLLECTS INFORMATION FROM OR THROUGH THE GAME. (B) IN THE EVENT THAT THE SOFTWARE DETECTS ANY RESTRICTED SOFTWARE, IT MAY (I) COMMUNICATE INFORMATION BACK TO CARBON FIBER GAMES, INCLUDING INFORMATION REGARDING YOUR ACCOUNT, DATA REGARDING THE RESTRICTED SOFTWARE, AND SUCH OTHER INFORMATION AS CARBON FIBER GAMES DEEMS NECESSARY OR PERTINENT; AND/OR (II) CARBON FIBER GAMES MAY EXERCISE ALL OR ANY OF ITS RIGHTS UNDER THIS AGREEMENT OR THE TERMS & CONDITIONS OR THE PRIVACY POLICY, WITH OR WITHOUT PRIOR NOTICE TO YOU. (C) ALL GAME PLAY, CHAT AND CONVERSATION ARE SUBJECT TO MONITOR AND REVIEW AT ANY TIME, AND FROM, TIME TO TIME, WITH OR WITHOUT NOTICE TO PRESERVE THE INTEGRITY OF THE GAME AND PROTECT CARBON FIBER GAMES’S RIGHTS.
If the Game detects the use of an unauthorized third party program, your access to the Game may be terminated with or without additional notice to you.
4. UPDATES AND MODIFICATIONS
Patches and Updates.
Carbon Fiber Games (or a third party on Carbon Fiber Games’s behalf) may deploy or provide patches, updates and modifications to the Game that must be installed for You to continue to play the Game. Carbon Fiber Games may update the Game remotely, including, without limitation, the Software residing on Your computer or game machine, without Your knowledge or consent, and You hereby grant to Carbon Fiber Games your consent to deploy and apply such patches, updates and modifications as Carbon Fiber Games, in its sole discretion, deems necessary or advisable.
5. TERMINATION OF LICENSE AGREEMENT
This Agreement shall commence upon your acceptance of the terms and conditions set forth herein and continue thereafter until terminated. You may terminate this Agreement at any time by (i) destroying all copies of the Game in your possession or control; (ii) permanently removing the Game from all of Your computers and game operating devices; and (iii) officially cancelling your Account by contacting Carbon Fiber Games Studios. Carbon Fiber Games may terminate this Agreement at any time for any reason or no reason at all. Violation by you of this Agreement or the Terms & Conditions automatically terminates the rights and licenses granted to you under this Agreement. In the event to termination of this Agreement or your rights and license granted hereunder, You must (i) cease to use the Game ; (ii) immediately and permanently destroy all copies of the Game in Your possession and control; and (iii) permanently remove the Game from all of Your computers and game operating devices. Upon termination of this Agreement for any reason, all licenses granted herein immediately shall terminate.
6. TERMINATION OF GAME SERVICE
The Game is an “on-line” game that must be played over the internet through a service provided by or on behalf of Carbon Fiber Games Studios. You acknowledge and agree that Carbon Fiber Games Studios, in its sole and absolute discretion, may stop providing support for or access to the Game at any time, for any reason or no reason. You also agree that Carbon Fiber Games Studios may change, modify, suspend, “nerf,” discontinue, or restrict your access to any features or parts of the Game at any time without notice or liability to you.
7. WARRANTY DISCLAIMER
THE GAME (INCLUDING WITHOUT LIMITATION THE SOFTWARE AND MANUAL(S)) IS PROVIDED AND/OR MADE AVAILABLE TO YOU “AS IS, WHERE 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.
Any product that has had its key for playtime activated and with in-game activity registered cannot be returned as defective Software. THE FOREGOING IS YOUR SOLE AND EXCLUSIVE REMEDY FOR THE EXPRESS WARRANTY SET FORTH IN THIS SECTION. Some states do not allow the exclusion or limitation of implied warranties, so the above limitations may not apply to You.
8. INDEMNIFICATION
YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS CARBON FIBER GAMES STUDIOS FROM AND AGAINST ANY AND ALL CLAIMS, LAWSUITS, DAMAGES, LOSSES, LIABILITIES AND COSTS (INCLUDING ATTORNEYS’ FEES) THAT DIRECTLY OR INDIRECTLY ARE ATTRIBUTABLE TO YOUR FAULT AND ARISE OR RESULT FROM YOUR USE OR MISUSE OF THE GAME AND/OR THE GAME, OR ANY VIOLATION BY YOU OF ANY OF THE PROVISIONS OF THIS LICENSE AGREEMENT. Carbon Fiber Games Studios reserves the right, at its own expense and in its sole and absolute discretion, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Carbon Fiber Games Studios in asserting any available defenses.
9. LIMITATION OF LIABILITY
NEITHER CARBON FIBER GAMES, SUBSIDIARIES, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AFFILIATES NOR ITS ADVISORS SHALL BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING OUT OF THE GAME OR ANY USE OF THE GAME, INCLUDING WITHOUT LIMITATION LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES. FURTHER, NEITHER CARBON FIBER GAMES, ITS PARENT, SUBSIDIARIES PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AFFILIATES NOR ITS ADVISORS SHALL BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE TO PLAYER CHARACTERS, VIRTUAL GOODS (E.G., ARMOR, POTIONS, ITEMS, POSTS, WEAPONS, ETC.) OR CURRENCY, ACCOUNTS, STATISTICS, OR USER STANDINGS, RANKS, OR PROFILE INFORMATION STORED BY THE GAME AND/OR THE SERVICE. CARBON FIBER GAMES SHALL NOT BE RESPONSIBLE FOR ANY INTERRUPTIONS OF SERVICE, INCLUDING WITHOUT LIMITATION- ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES, OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE. IN NO EVENT WILL CARBON FIBER GAMES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL CARBON FIBER GAMES ‘S LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED (IN THE AGGREGATE) THE TOTAL FEES PAID BY YOU TO CARBON FIBER GAMES DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE TIME SUCH CLAIM AROSE. YOU HEREBY AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS CARBON FIBER GAMES AND ITS PARENT, SUBSIDIARIES, PARTNERS, EMPLOYEES, CONTRACTORS, AFFILIATES AND ADVISORS FROM AND AGAINST ANY CLAIM, LIABILITY, LOSS, INJURY, DAMAGE, COST OR EXPENSE (INCLUDING REASONABLE ATTORNEYS’ FEES) INCURRED BY CARBON FIBER GAMES ITS PARENT, SUBSIDIARIES, PARTNERS, EMPLOYEES, CONTRACTORS, AFFILIATES OR ADVISORS ARISING FROM, OUT OF OR OTHERWISE RELATING TO YOUR USE OF THE GAME, OR ANY ELEMENT THEREOF OR YOUR BREACH OF ANY DUTY OR OBLIGATION UNDER THIS AGREEMENT OR THE TERMS & CONDITIONS.
10. EQUITABLE RELIEF; ATTORNEYS FEES.
You hereby acknowledge and agree that (i) Carbon Fiber Games would be irreparably damaged if the terms of this Agreement or the Terms & Conditions were not specifically enforced; and (ii) in addition to such other remedies available to it at law, in equity or otherwise, Carbon Fiber Games is hereby entitled, without providing bond, other security, or proof of damages, to seek temporary restraining orders and permanent injunctive relieve against your anticipated or continued breach of your duties and obligations as contemplated under this Agreement or the Terms & Conditions. In the event any litigation or other action is brought by either party in connection with this Agreement, the prevailing party in such litigation shall be entitled to recover from the other party all the costs, attorneys’ fees and other expenses reasonably incurred by such prevailing party in such litigation or action.
11. GOVERNING LAW.
a. Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy or claim related to this EULA (“Dispute”), you and Carbon Fiber Games agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiation commence upon email notice from one person to the other. Carbon Fiber Games will send its notice to your billing address and email you a copy to the email address you have provided to us. You will send your notice to carbonfibergamescontact@gmail.com. Notwithstanding the foregoing, you and Carbon Fiber Games agree that the following Disputes are not subject to the above provisions concerning informal negotiations: (1) any Disputes concerning the validity of any of Carbon Fiber Games’s intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (3) any claim for injunctive relief.
b. Governing Law and Dispute Resolution
This EULA and any action related thereto will be governed by the laws of the State of California without regard to its choice of law provisions. By agreeing to these terms and conditions, in the event of any claim you may have arising from or related to the Software Product or this EULA you agree to the exclusive personal and subject matter jurisdiction of the courts located in the State of California for making and resolving any such claims, and hereby waive any right to participate in any type of law suit brought and/or maintained as a class action or similar in nature to a class action. Carbon Fiber Games reserves the right to make any claim against you and seek and be granted any legal or equitable remedy against you in any court anywhere in the world.
12. MISCELLANEOUS
This License Agreement represents the complete agreement between you and Carbon Fiber Games Studios with respect to the subject matter hereof, and supersedes any prior or contemporaneous agreements between you and Carbon Fiber Games Studios; provided however that this License Agreement shall coexist with, and shall not supersede, the Terms of Use or the Privacy Policy. To the extent that the provisions of this License Agreement conflict with the Terms of Use, the conflicting provisions in the Terms of Use shall govern. The Game is operated by Carbon Fiber Games Studios the United States of America. Those who choose to access the Game from locations outside the United States of America do so on their own initiative and are responsible for compliance with applicable local laws. Carbon Fiber Games Studios’ failure to enforce any provision of this License Agreement shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by Carbon Fiber Games Studios of any provision, condition or requirement of this License Agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement. If any provision of this License Agreement is held to be invalid or unenforceable for any reason, such provision shall be reformed to the extent necessary to make it enforceable to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this License Agreement shall continue in full force and effect. If, however, it is determined that such provision cannot be reformed, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. The provisions of all sections but section 1 and 7 of this agreement shall survive any termination of this License Agreement.
If you have any questions concerning these terms and conditions, or if you would like to contact Carbon Fiber Games Studios for any other reason, please contact Carbon Fiber Games Studios support at carbonfibergamescontact@gmail.com
YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE FOREGOING END USER LICENSE AGREEMENT AND AGREE THAT BY CLICKING “ACCEPT” AND/OR INSTALLING THE GAME AND PLAYING THE GAME, YOU ARE AKNOWLEDGING YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT.
For The Stars
For The Stars (the “Game”) is an online computer game developed by Carbon Fiber Games LLC. In this License Agreement (as defined below), “Carbon Fiber Games” means Carbon Fiber Games LLC and its licensees, as applicable; “you” and “your” mean the user of the computer on which the Game will be or has been installed and who therefore agrees to this License Agreement.
PLEASE READ THIS END USER LICENSE AGREEMENT (THIS “EULA” OR “LICENSE AGREEMENT”) CAREFULLY. BY USING THE GAME OR INSTALLING THE GAME CLIENT GAME (THE “GAME”), YOU AGREE THAT THIS LICENSE AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN CONTRACT SIGNED BY YOU. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS EULA, EXIT THE GAME AND UNINSTALL IT FROM YOUR COMPUTER. BY ENTERING INTO THIS LICENSE AGREEMENT, YOU REPRESENT THAT YOU ARE OF AGE OF MAJORITY AND HAVE THE LEGAL CAPACITY TO ENTER INTO A CONTRACT IN THE JURISDICTION WHERE YOU RESIDE.
If the End User has not attained the age of majority, he/she is obliged to obtain the necessary permission in the form required by law from the parents or other legal representatives. No child under the age of 13 is allowed to play the Game.
To send necessary permission as a parent or other legal representative, please e-mail: carbonfibergamescontact@gmail.com for more information.
THE TERMS OF THIS AGREEMENT MAY BE AMENDED, SUPPLEMENTED, OR MODIFIED AT ANY TIME BY CARBON FIBER GAMES IN ITS SOLE DISCRETION, INCLUDING, WITHOUT LIMITATION, WHEN CARBON FIBER GAMES UPDATES OR UPGRADES THE GAME PRODUCT. The revised version will be presented when the game is launched and will need to be accepted to continue your use of the Game. If any 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 by uninstalling the Game from your computer. Your installation and use of any updates, upgrades, or modifications to the Game or your continued use of the Game following notice of changes to this Agreement shall conclusively demonstrate your acceptance of such changes. Carbon Fiber Games may change, modify, suspend, or discontinue any aspect of the Game at any time and/or impose limits and restrictions on certain features or restrict your access to parts or all of the Game without notice or liability. You have no interest, monetary or otherwise, in any feature or content contained in the Game.
1. LIMITED USE LICENSE
Subject to the terms and conditions of this License Agreement and your agreement therewith, Carbon Fiber Games Studios hereby grants to you and you hereby accept a limited, non-exclusive, non-transferable license, for such time until either you or Carbon Fiber Games Studios terminates this License Agreement, to internally install and execute solely as a component of the Game (i) and related explanatory materials (“Documentation”); and (ii) any Game upgrades, patches, subsequent versions, and updates (collectively, “Updates”) licensed to you by Carbon Fiber Games Studios. The Game and the Game are provided for your individual, non-commercial, entertainment purposes only and may not be used for any other purpose or in any other way. Except as may be expressly permitted by Carbon Fiber Games Studios, you may not sell, copy, exchange, transfer, publish, assign or otherwise distribute anything you copy or derive from the Game. The license granted to you herein shall be royalty-free.
Your Additional Duties and Obligations.
a) As a condition precedent to the licenses granted in this Agreement, You may not, in whole or in part, copy, photocopy, reproduce, translate, reverse engineer, derive source code from, modify, disassemble, decompile, or create derivative works based on the Game, or any element thereof or otherwise seek to discover the source code, components, digital rights management, format or other protocols associated with the Game or remove or alter any proprietary notices or labels on the Game. You may not make use of, or cause any other person or entity to make use of, the Game in exchange for payment without the express written consent of Carbon Fiber Games. Failure to comply with the restrictions and limitations contained in this Section shall result in the immediate, automatic termination of the license granted hereunder and may subject You to civil and/or criminal liability.
b) By accepting the terms of this Agreement, You represent and warrant to Carbon Fiber Games that You will not:
c) rent, lease, lend, sell, sublicense, assign, auction or otherwise transfer any portion of the Game without the express written consent of Carbon Fiber Games
d) allow another party access to your account information;
e) host, provide or develop services for the Game or intercept, emulate or redirect the communication protocols used by or on behalf of Carbon Fiber Games in any way, including without limitation through protocol emulation, tunneling, packet sniffing, modifying or adding components to the Game, use of a utility program or any other techniques now known or hereafter developed, for any purpose, including without limitation unauthorized network play over the Internet, network play utilizing commercial or non-commercial gaming networks, or as part of content aggregation networks;
f) facilitate, create or maintain any unauthorized connection to the Game or the Service, including without limitation, any connection to any unauthorized server that emulates or attempts to emulate the Service. All connections to the Game and/or the Service, whether created by the Game or by other tools and utilities, may only be made through methods and means expressly approved by Carbon Fiber Games. Under no circumstances may You connect or create tools that allow You or others to connect, to the Game’s proprietary interface other than those expressly provided by Carbon Fiber Games for public use;
g) fail at any time to comply with the Terms & Conditions;
Use any unauthorized third-party programs that interact with the Game in any way, including but not limited to, “mods,” “hacks,” “cheats,” “scripts,” “bots,” “trainers,” or automation programs, or any third-party programs that intercept, emulate or redirect any communication between the Game and Carbon Fiber Games Studios, or that collect information about the Game by reading areas of memory used by the Game to store information about the Game.
2. OWNERSHIP
Intellectual Property Rights. As between You and Carbon Fiber Games, all right, title, interest, license and intellectual and other property rights in and to the Game and all copies or other reproductions thereof (including, without limitation, the copyright and other intellectual property rights in any images, photographs, animations, video, audio, music, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artwork, character, structural or landscape designs, sounds, musical compositions, audio-visual effects, storylines, character likenesses, methods of operation, and any related documentation or text incorporated into the Game) are exclusively owned or licensed by Carbon Fiber Games. All right, title, license and intellectual and other property rights in and to the content of any third party which may be accessed through use of the Game are the property of the respective content owner (or their licensees) and may be protected by applicable copyright or other intellectual property laws and treaties. This Agreement grants You no rights to use such content. If the Game contains documentation which is provided only in electronic form, You may print one copy of such electronic documentation for your private use. You may not copy the printed or digital materials accompanying the Game. All rights not expressly granted are reserved by Carbon Fiber Games. You may not transfer or otherwise assign all or any portion of your rights, duties or obligations under this Agreement to any person.
3. CONSENT TO MONITORING
Restricted Software.
BY USING THE GAME, YOU ACKNOWLEDGE AND AGREE THAT: (A) THE GAME, FROM TIME TO TIME AND AT ANY TIMES, MAY ENABLE CARBON FIBER GAMES (OR A THIRD PARTY ON BEHALF OF CARBON FIBER GAMES) TO MONITOR YOUR COMPUTER’S RANDOM ACCESS MEMORY (“RAM”) FOR RESTRICTED SOFTWARE THAT OPERATES CONCURRENTLY WITH THE GAME. FOR PURPOSES OF THIS AGREEMENT, THE TERM “RESTRICTED SOFTWARE” MEANS ANY THIRD PARTY SOFTWARE, INCLUDING WITHOUT LIMITATION, ANY “ADD ON,” “MOD,” “MODIFICATION,” “HACK,” “TRAINER,” OR “CHEAT,” THAT, IN CARBON FIBER GAMES’S SOLE DETERMINATION: (i) ENABLES OR FACILITATES CHEATING OF ANY TYPE; (ii) ALLOWS USERS TO MODIFY OR OTHERWISE ALTER THE GAME INTERFACE, ENVIRONMENT, AND/OR EXPERIENCE IN ANY WAY NOT EXPRESSLY AUTHORIZED BY CARBON FIBER GAMES; OR (iii) INTERCEPTS, GATHERS, SEEKS OUT, OR OTHERWISE COLLECTS INFORMATION FROM OR THROUGH THE GAME. (B) IN THE EVENT THAT THE SOFTWARE DETECTS ANY RESTRICTED SOFTWARE, IT MAY (I) COMMUNICATE INFORMATION BACK TO CARBON FIBER GAMES, INCLUDING INFORMATION REGARDING YOUR ACCOUNT, DATA REGARDING THE RESTRICTED SOFTWARE, AND SUCH OTHER INFORMATION AS CARBON FIBER GAMES DEEMS NECESSARY OR PERTINENT; AND/OR (II) CARBON FIBER GAMES MAY EXERCISE ALL OR ANY OF ITS RIGHTS UNDER THIS AGREEMENT OR THE TERMS & CONDITIONS OR THE PRIVACY POLICY, WITH OR WITHOUT PRIOR NOTICE TO YOU. (C) ALL GAME PLAY, CHAT AND CONVERSATION ARE SUBJECT TO MONITOR AND REVIEW AT ANY TIME, AND FROM, TIME TO TIME, WITH OR WITHOUT NOTICE TO PRESERVE THE INTEGRITY OF THE GAME AND PROTECT CARBON FIBER GAMES’S RIGHTS.
If the Game detects the use of an unauthorized third party program, your access to the Game may be terminated with or without additional notice to you.
4. UPDATES AND MODIFICATIONS
Patches and Updates.
Carbon Fiber Games (or a third party on Carbon Fiber Games’s behalf) may deploy or provide patches, updates and modifications to the Game that must be installed for You to continue to play the Game. Carbon Fiber Games may update the Game remotely, including, without limitation, the Software residing on Your computer or game machine, without Your knowledge or consent, and You hereby grant to Carbon Fiber Games your consent to deploy and apply such patches, updates and modifications as Carbon Fiber Games, in its sole discretion, deems necessary or advisable.
5. TERMINATION OF LICENSE AGREEMENT
This Agreement shall commence upon your acceptance of the terms and conditions set forth herein and continue thereafter until terminated. You may terminate this Agreement at any time by (i) destroying all copies of the Game in your possession or control; (ii) permanently removing the Game from all of Your computers and game operating devices; and (iii) officially cancelling your Account by contacting Carbon Fiber Games Studios. Carbon Fiber Games may terminate this Agreement at any time for any reason or no reason at all. Violation by you of this Agreement or the Terms & Conditions automatically terminates the rights and licenses granted to you under this Agreement. In the event to termination of this Agreement or your rights and license granted hereunder, You must (i) cease to use the Game ; (ii) immediately and permanently destroy all copies of the Game in Your possession and control; and (iii) permanently remove the Game from all of Your computers and game operating devices. Upon termination of this Agreement for any reason, all licenses granted herein immediately shall terminate.
6. TERMINATION OF GAME SERVICE
The Game is an “on-line” game that must be played over the internet through a service provided by or on behalf of Carbon Fiber Games Studios. You acknowledge and agree that Carbon Fiber Games Studios, in its sole and absolute discretion, may stop providing support for or access to the Game at any time, for any reason or no reason. You also agree that Carbon Fiber Games Studios may change, modify, suspend, “nerf,” discontinue, or restrict your access to any features or parts of the Game at any time without notice or liability to you.
7. WARRANTY DISCLAIMER
THE GAME (INCLUDING WITHOUT LIMITATION THE SOFTWARE AND MANUAL(S)) IS PROVIDED AND/OR MADE AVAILABLE TO YOU “AS IS, WHERE 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.
Any product that has had its key for playtime activated and with in-game activity registered cannot be returned as defective Software. THE FOREGOING IS YOUR SOLE AND EXCLUSIVE REMEDY FOR THE EXPRESS WARRANTY SET FORTH IN THIS SECTION. Some states do not allow the exclusion or limitation of implied warranties, so the above limitations may not apply to You.
8. INDEMNIFICATION
YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS CARBON FIBER GAMES STUDIOS FROM AND AGAINST ANY AND ALL CLAIMS, LAWSUITS, DAMAGES, LOSSES, LIABILITIES AND COSTS (INCLUDING ATTORNEYS’ FEES) THAT DIRECTLY OR INDIRECTLY ARE ATTRIBUTABLE TO YOUR FAULT AND ARISE OR RESULT FROM YOUR USE OR MISUSE OF THE GAME AND/OR THE GAME, OR ANY VIOLATION BY YOU OF ANY OF THE PROVISIONS OF THIS LICENSE AGREEMENT. Carbon Fiber Games Studios reserves the right, at its own expense and in its sole and absolute discretion, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Carbon Fiber Games Studios in asserting any available defenses.
9. LIMITATION OF LIABILITY
NEITHER CARBON FIBER GAMES, SUBSIDIARIES, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AFFILIATES NOR ITS ADVISORS SHALL BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING OUT OF THE GAME OR ANY USE OF THE GAME, INCLUDING WITHOUT LIMITATION LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES. FURTHER, NEITHER CARBON FIBER GAMES, ITS PARENT, SUBSIDIARIES PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AFFILIATES NOR ITS ADVISORS SHALL BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE TO PLAYER CHARACTERS, VIRTUAL GOODS (E.G., ARMOR, POTIONS, ITEMS, POSTS, WEAPONS, ETC.) OR CURRENCY, ACCOUNTS, STATISTICS, OR USER STANDINGS, RANKS, OR PROFILE INFORMATION STORED BY THE GAME AND/OR THE SERVICE. CARBON FIBER GAMES SHALL NOT BE RESPONSIBLE FOR ANY INTERRUPTIONS OF SERVICE, INCLUDING WITHOUT LIMITATION- ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES, OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE. IN NO EVENT WILL CARBON FIBER GAMES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL CARBON FIBER GAMES ‘S LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED (IN THE AGGREGATE) THE TOTAL FEES PAID BY YOU TO CARBON FIBER GAMES DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE TIME SUCH CLAIM AROSE. YOU HEREBY AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS CARBON FIBER GAMES AND ITS PARENT, SUBSIDIARIES, PARTNERS, EMPLOYEES, CONTRACTORS, AFFILIATES AND ADVISORS FROM AND AGAINST ANY CLAIM, LIABILITY, LOSS, INJURY, DAMAGE, COST OR EXPENSE (INCLUDING REASONABLE ATTORNEYS’ FEES) INCURRED BY CARBON FIBER GAMES ITS PARENT, SUBSIDIARIES, PARTNERS, EMPLOYEES, CONTRACTORS, AFFILIATES OR ADVISORS ARISING FROM, OUT OF OR OTHERWISE RELATING TO YOUR USE OF THE GAME, OR ANY ELEMENT THEREOF OR YOUR BREACH OF ANY DUTY OR OBLIGATION UNDER THIS AGREEMENT OR THE TERMS & CONDITIONS.
10. EQUITABLE RELIEF; ATTORNEYS FEES.
You hereby acknowledge and agree that (i) Carbon Fiber Games would be irreparably damaged if the terms of this Agreement or the Terms & Conditions were not specifically enforced; and (ii) in addition to such other remedies available to it at law, in equity or otherwise, Carbon Fiber Games is hereby entitled, without providing bond, other security, or proof of damages, to seek temporary restraining orders and permanent injunctive relieve against your anticipated or continued breach of your duties and obligations as contemplated under this Agreement or the Terms & Conditions. In the event any litigation or other action is brought by either party in connection with this Agreement, the prevailing party in such litigation shall be entitled to recover from the other party all the costs, attorneys’ fees and other expenses reasonably incurred by such prevailing party in such litigation or action.
11. GOVERNING LAW.
a. Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy or claim related to this EULA (“Dispute”), you and Carbon Fiber Games agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiation commence upon email notice from one person to the other. Carbon Fiber Games will send its notice to your billing address and email you a copy to the email address you have provided to us. You will send your notice to carbonfibergamescontact@gmail.com. Notwithstanding the foregoing, you and Carbon Fiber Games agree that the following Disputes are not subject to the above provisions concerning informal negotiations: (1) any Disputes concerning the validity of any of Carbon Fiber Games’s intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (3) any claim for injunctive relief.
b. Governing Law and Dispute Resolution
This EULA and any action related thereto will be governed by the laws of the State of California without regard to its choice of law provisions. By agreeing to these terms and conditions, in the event of any claim you may have arising from or related to the Software Product or this EULA you agree to the exclusive personal and subject matter jurisdiction of the courts located in the State of California for making and resolving any such claims, and hereby waive any right to participate in any type of law suit brought and/or maintained as a class action or similar in nature to a class action. Carbon Fiber Games reserves the right to make any claim against you and seek and be granted any legal or equitable remedy against you in any court anywhere in the world.
12. MISCELLANEOUS
This License Agreement represents the complete agreement between you and Carbon Fiber Games Studios with respect to the subject matter hereof, and supersedes any prior or contemporaneous agreements between you and Carbon Fiber Games Studios; provided however that this License Agreement shall coexist with, and shall not supersede, the Terms of Use or the Privacy Policy. To the extent that the provisions of this License Agreement conflict with the Terms of Use, the conflicting provisions in the Terms of Use shall govern. The Game is operated by Carbon Fiber Games Studios the United States of America. Those who choose to access the Game from locations outside the United States of America do so on their own initiative and are responsible for compliance with applicable local laws. Carbon Fiber Games Studios’ failure to enforce any provision of this License Agreement shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by Carbon Fiber Games Studios of any provision, condition or requirement of this License Agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement. If any provision of this License Agreement is held to be invalid or unenforceable for any reason, such provision shall be reformed to the extent necessary to make it enforceable to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this License Agreement shall continue in full force and effect. If, however, it is determined that such provision cannot be reformed, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. The provisions of all sections but section 1 and 7 of this agreement shall survive any termination of this License Agreement.
If you have any questions concerning these terms and conditions, or if you would like to contact Carbon Fiber Games Studios for any other reason, please contact Carbon Fiber Games Studios support at carbonfibergamescontact@gmail.com
YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE FOREGOING END USER LICENSE AGREEMENT AND AGREE THAT BY CLICKING “ACCEPT” AND/OR INSTALLING THE GAME AND PLAYING THE GAME, YOU ARE AKNOWLEDGING YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT.