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END USER LICENSE AGREEMENT
This is the End User License Agreement (“Agreement”) for “The Invisible Hours”. Please read through this document carefully. By copying, installing, downloading, or otherwise using this game software, you agree that you understand, accept, and comply with the terms set forth below. Failure to comply with these terms may result in enforcement actions against you. If you need clarification, explanations for the terms are italicized below.
This Agreement is the binding legal agreement between you, the individual end user (“you”), and ELBO, Inc. and Polarford Limited (“GameTrust”, “we”, “us”) for the download and use of the game “The Invisible Hours” (“Game”). For purposes of this Agreement the “Game” means collectively the interactive video game client “The Invisible Hours”, and all applicable client software (including, among other things, installer software, the game client, launcher software, and download management software) that you will or have installed on your computer, including all printed materials, digital or electronic documentation obtained by you through our website, or by any other distribution channels now known or hereafter devised, regardless of the legal standing of that distributor.
1. LICENSE. Tequila Works S.L. (“Tequila Works”) and/or GameTrust is the sole author and owner of any and all State, Federal, and International intellectual property and proprietary rights in and to the Game and all copies of the Game, including and without limitation all copyrights, inventions, trademark rights, trade secret rights, trade dress rights, and any and all other intellectual property and proprietary rights embodied in or derived from the Game. We prohibit the copying, reproduction, and circumvention of technology of the Game beyond the terms of this license. The Game is licensed to you, as opposed to being sold or assigned to you, and your continued legal use of the Game is contingent upon your compliance with this Agreement and the License Terms set forth below. What this means: Although you own a copy of the Game, the underlying rights still belong to the developer, us, and your use of your copy is limited to the terms of the license. If you exceed the rights granted in this license, you’re committing copyright infringement, which is illegal and could put you at risk of legal action against you.
2. LICENSE TERMS. GameTrust hereby grants you a non-exclusive, revocable, non-transferrable, and limited right to license one copy of the Game for your personal, non-commercial use. Continued use of the Game is contingent upon your compliance with the following:
a. You may not modify, distribute, transmit, display, perform, reproduce (except for one archival and backup copy as permitted by applicable laws), publish, license, create derivative works from, adapt, translate, sublicense, auction, rent, lease or sell all or any part of the Game. In addition, you may not reverse engineer, decompile, or disassemble any part of the Game. All rights not expressly granted are reserved by us. You agree that you have no interest, monetary or otherwise, in any feature, content, or intellectual property contained in the Game. What this means: Selling or giving away the Game isn’t allowed. This includes sharing your account information. Additionally, reverse engineering or using/adapting any part of the Game’s code or other content for commercial or redistribution purposes isn’t permitted.
b. Absent a valid distribution Agreement between you and GameTrust, you may not make the Game available on any third party network, FTP, internet website, torrent site, file-sharing service, intranet, or “cloud”, whereby individuals other than you may download and install the Game. You further agree that you will not link to any such third party network, torrent, FTP, file-sharing service, intranet, or “cloud” that is not legally owned by GameTrust or its distributors. What this means: Redistribution of the Game without a license to do so is considered piracy, which is illegal under Federal and International law. This license is not a license for redistribution, so if you distribute the Game you’re violating this license. And as stated before, that’s copyright infringement, or piracy. The most popular means of piracy is through digital distribution, such as torrent clients or other file-sharing services. We want to continue providing worthwhile content for our users, but we can’t do it if our games are pirated—we need to eat, too, and we can’t make money off of pirated software.
3. INDEPENDENT ORIGIN. All characters, events, and portrayals contained in the Game are purely fictional and any resemblance to real events or real individuals whether alive or dead is purely coincidental. We do not claim any rights or interest in or to existing trademarks, trade names, personalities or likenesses that may incidentally resemble an existing product, service, or person. What this means: We do our level best to avoid these situations, but sometimes coincidences happen. If you share the name of one of our characters, we’re not stalking you—it really was an accident.
4. DISCLAIMER. ALL INFORMATION, CONTENT, SERVICES, AND MATERIAL AVAILABLE IN THE GAME AND RELATED SOFTWARE ARE PROVIDED ON AN “AS IS” BASIS. TO THE FULL EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THE NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT. WHAT THIS MEANS: WE DO OUR BEST TO MAKE THE HIGHEST QUALITY GAMES OUT THERE, BUT WE CAN’T GUARANTEE THAT YOUR COPY ISN’T DEFECTIVE. THIS IS BOLD BECAUSE IT’S IMPORTANT—THERE IS NO WARRANTY TO THIS GAME, SO YOU PURCHASE AND DOWNLOAD AT YOUR OWN RISK. WE DO NOT GUARANTEE THAT THE COPY OF THE GAME YOU’VE PURCHASED IS BUG FREE, OR EVEN FUNCTIONAL ON YOUR SYSTEM.
5. NO WARRANTIES. IN ADDITION, GAMETRUST AND ITS LICENSORS AND DISTRIBUTORS DISCLAIM ANY AND ALL WARRANTIES WITH RESPECT TO THE PRIVACY AND INTEGRITY OF THE COMPUTER RESOURCES YOU USE TO OPERATE THE SOFTWARE. NEITHER WE NOR OUR LICENSORS OR DISTRIBUTORS SHALL BE LIABLE FOR ANY DISRUPTIONS, DELAYS OR OTHER OMISSIONS IN ANY CONNECTION, DATA EXCHANGE OR OTHER INTERACTION THAT YOU MAY EXPERIENCE WHEN YOU USE THE GAME, REGARDLESS OF CAUSE (I.E., ANY SYSTEM FAILURE, SERVER ACCESS LOSS, OR DATA BREACH RESULTING FROM ANY CAUSE, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, NATURE OR OTHER CAUSES (BY WAY OF EXAMPLE, BUT BY NO MEANS A LIMITATION OF THE FOREGOING, EVENTS SUCH AS WAR OR EMBARGO). NEITHER WE NOR OUR LICENSORS OR DISTRIBUTORS SHALL BE RESPONSIBLE FOR THE CONDUCT OF ANY USERS OR COMPUTERS THAT CONNECT, EXCHANGE DATA, OR OTHERWISE INTERACT WITH YOU OR YOUR COMPUTER AS A RESULT OF YOUR USE OF THE GAME. WHAT THIS MEANS: WE’RE NOT MAKING ANY WARRANTIES OR GUARANTEES REGARDING THE INFORMATION COLLECTED THROUGH OUR MULTIPLAYER SYSTEMS, EXCEPT AS PROVIDED IN OUR PRIVACY POLICY.
6. ADDITIONAL DISCLAIMERS. YOUR PURCHASE AND USE OF THE GAME IS DONE SO AT YOUR OWN RISK. WE DO NOT WARRANT THAT YOUR ABILITY TO PLAY THE GAME WILL BE TIMELY, SECURE, UNINTERRUPTED, OR DEFECT-FREE. IN NO EVENT WILL GAMETRUST (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS) NOR ITS AFFILIATES BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF BUSINESS, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE OR LOSS OF DATA, OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT ARISING IN ANY WAY OUT OF PURCHASE OR USE OF THE GAME. WHAT THIS MEANS: SINCE YOU KNOW THERE’S NO WARRANTY OR GUARANTEE REGARDING THE GAME, YOU’RE ASSUMING THE RISK IN PURCHASING AND DOWNLOADING IT. YOU CAN’T HOLD US LIABLE FOR LEGAL DAMAGES IF THE COPY OF THE GAME YOU’VE DOWNLOADED CRASHES YOUR SYSTEM OR DOES NOT FUNCTION—WE’LL DO OUR BEST TO KEEP IT FROM HAPPENING, BUT SOFTWARE IS NEVER A RISK FREE PRODUCT.
7. LIMITED WARRANTY FOR PRODUCT PURCHASED AS A PHYSICAL MEDIUM. If you purchased product as a physical medium (CD, cartridge or DVD-ROM), this Section 8 is applicable to you:
GameTrust warrants that the physical medium containing the Game shall be free from defects in material and workmanship for a period of ninety (90) days from the date of your purchase of such medium. In the event that the medium containing the Game proves to be defective during that time period, GameTrust will, at GameTrust’s option, free of charge, (a) correct any defect, (b) replace the Game, (c) substitute a similar Game of equal or greater value (in the event the Game is no longer being manufactured by GameTrust or available in GameTrust’s inventory), or (d) refund your money when you present GameTrust with written proof of purchase of the defective medium. THIS IS YOUR SOLE AND EXCLUSIVE REMEDY FOR THE EXPRESS WARRANTY SET FORTH IN THIS SECTION. When returning the Game for warranty replacement please send the original Game disc, cartridge or DVD, as applicable, only in protective packaging and include: (1) a photocopy of your dated sales receipt; (2) your name and return address typed or clearly printed; (3) a brief note describing the defect, the problem(s) you are encountering and the hardware and system on which you are running the Game. What this means: We hope you are able to enjoy our games trouble-free. However, if you do purchase a disc copy of our Game and you find a defect in your purchase, we may elect to repair, replace, substitute, or refund you for your purchase at no cost to you. If we do, you understand that our decision to replace, repair, substitute or refund is the extent of your available remedies under this agreement.
8. LIMITATION OF LIABILITY. YOUR PURCHASE AND USE OF THE GAME IS AT YOUR OWN RISK. WE DO NOT WARRANT THAT YOUR ABILITY TO PLAY THE GAME WILL BE TIMELY, SECURE, UNINTERRUPTED OR DEFECT-FREE. IN NO EVENT WILL GAMETRUST OR TEQUILA WORKS (INCLUDING THEIR OFFICERS, DIRECTORS, PERSONNEL, AGENTS, OR EMPLOYEES) NOR ITS AFFILIATES BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF BUSINESS, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE OR LOSS OF DATA, OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT ARISING IN ANY WAY OUT OF PURCHASE OR USE OF THE GAME. WHAT THIS MEANS: SINCE YOU KNOW THERE IS NO WARRANTY OR GUARANTEE REGARDING THE GAME, YOU’RE ASSUMING THE RISK IN PURCHASING AND DOWNLOADING IT. YOU CAN’T HOLD US LIABLE FOR LEGAL DAMAGES IF THE COPY OF THE GAME YOU’VE DOWNLOADED CRASHES YOUR SYSTEM OR DOESN’T FUNCTION—WE’LL DO OUR BEST TO KEEP IT FROM HAPPENING, BUT SOFTWARE IS NEVER A RISK FREE PRODUCT.
9. DISPUTE RESOLUTION: You agree to follow this Agreement’s dispute resolution policy as set forth below in connection with any potential claims or disputes arising from your purchase and use of the Game:
a. Informal Negotiations. Parties to a dispute concerning this Agreement or purchase and use of the Game will attempt to informally negotiate a potential settlement or resolution to the dispute.
b. Online Arbitration. In the event that informal negotiations are unsuccessful, the parties agree to follow the American Arbitration Association’s online arbitration procedures to resolve the dispute.
c. Binding Arbitration. If for any reason online arbitration is unsuccessful or unavailable to the parties, parties agree to submit to binding arbitration in the State of Texas.
d. You and GameTrust agree that any arbitration shall be limited to the claim between GameTrust and you individually. YOU AND GAMETRUST AGREE THAT (A) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (B) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (C) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER. What this means: Arbitration is cheaper and easier than litigation. If there’s a dispute, we want to resolve it in the cheapest and most efficient way possible—this benefits both you, the user, and us. If you have a problem with our Game we welcome you to provide feedback. If the matter is significant enough, mediation and arbitration are our first steps in resolving that matter. Additionally, if violate the license terms of this Agreement, our first steps will be through arbitration. All arbitration is personal—you can’t bring a class action claim to arbitration.
10. NO WAIVER. Our failure to enforce at any time any of the provisions of this Agreement or related agreements shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the right of any party to enforce each and every such provision. The express waiver by GameTrust of any provision, condition or requirement of this Agreement or related agreements shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
11. MISCELLENEOUS PROVISIONS. The parties additionally agree to the following:
a. Jurisdiction and Choice of Law. The validity, interpretation, and performance of this Agreement are governed and controlled by the laws and regulations of the state where you reside. In the event of a dispute you agree to submit to the personal and exclusive jurisdiction of the State and Federal Courts of Texas. What this means: If there is a dispute, that dispute will be resolved in Texas. You’re agreeing that your sole means of remedy is placed in the hands of the Texas courts; additionally, you’re agreeing that the laws of the state where you reside not only governs this document but governs your actions in connection with this license.
b. Severability. If any portion of this Agreement is found invalid by any competent Court of Law, the invalidity will not affect other provisions or applications of the remainder of this Agreement which can be given effect without the invalid portion. What this means: If a court determines that any part of this Agreement isn’t legal or enforceable, the rest of the Agreement that IS legal and enforceable remains in force. The entirety and enforceability of this license doesn’t hinge on the enforceability of any one particular provision.
c. Notification of Changes to this Agreement. We may from time to time change this Agreement. You agree that notification to you of these changes will be effective upon posting those notifications and changes on the http://store.steampowered.com/app/460700or Game web site. What this means: this Agreement or our privacy policy may change at any time. When it does, we will notify you through our website.
d. Prior Versions. This Agreement constitutes the full understanding of your agreement with us. Any prior versions of this document have no effect on this Agreement. What this means: Only this version of the Agreement is binding. Prior versions are no longer enforceable.
e. Assignment. This Agreement, may be assigned by GameTrust to any third party at our sole discretion.
f. Legal Fees. In the event that either party is required to obtain the assistance of an attorney in order to enforce the terms of this Agreement, the Party prevailing in such an enforcement action will be entitled to recovery of all reasonable attorney’s fees in connection with such action. What this means: Attorneys aren’t cheap. If you violate this Agreement, in addition to other damages, you may be liable for our attorney fees.
g. Survival. The following sections shall remain in full force and effect after the expiration or termination of this Agreement: 1, 3, 5, 6, 7, 8, 9-12
This is the End User License Agreement (“Agreement”) for “The Invisible Hours”. Please read through this document carefully. By copying, installing, downloading, or otherwise using this game software, you agree that you understand, accept, and comply with the terms set forth below. Failure to comply with these terms may result in enforcement actions against you. If you need clarification, explanations for the terms are italicized below.
This Agreement is the binding legal agreement between you, the individual end user (“you”), and ELBO, Inc. and Polarford Limited (“GameTrust”, “we”, “us”) for the download and use of the game “The Invisible Hours” (“Game”). For purposes of this Agreement the “Game” means collectively the interactive video game client “The Invisible Hours”, and all applicable client software (including, among other things, installer software, the game client, launcher software, and download management software) that you will or have installed on your computer, including all printed materials, digital or electronic documentation obtained by you through our website, or by any other distribution channels now known or hereafter devised, regardless of the legal standing of that distributor.
1. LICENSE. Tequila Works S.L. (“Tequila Works”) and/or GameTrust is the sole author and owner of any and all State, Federal, and International intellectual property and proprietary rights in and to the Game and all copies of the Game, including and without limitation all copyrights, inventions, trademark rights, trade secret rights, trade dress rights, and any and all other intellectual property and proprietary rights embodied in or derived from the Game. We prohibit the copying, reproduction, and circumvention of technology of the Game beyond the terms of this license. The Game is licensed to you, as opposed to being sold or assigned to you, and your continued legal use of the Game is contingent upon your compliance with this Agreement and the License Terms set forth below. What this means: Although you own a copy of the Game, the underlying rights still belong to the developer, us, and your use of your copy is limited to the terms of the license. If you exceed the rights granted in this license, you’re committing copyright infringement, which is illegal and could put you at risk of legal action against you.
2. LICENSE TERMS. GameTrust hereby grants you a non-exclusive, revocable, non-transferrable, and limited right to license one copy of the Game for your personal, non-commercial use. Continued use of the Game is contingent upon your compliance with the following:
a. You may not modify, distribute, transmit, display, perform, reproduce (except for one archival and backup copy as permitted by applicable laws), publish, license, create derivative works from, adapt, translate, sublicense, auction, rent, lease or sell all or any part of the Game. In addition, you may not reverse engineer, decompile, or disassemble any part of the Game. All rights not expressly granted are reserved by us. You agree that you have no interest, monetary or otherwise, in any feature, content, or intellectual property contained in the Game. What this means: Selling or giving away the Game isn’t allowed. This includes sharing your account information. Additionally, reverse engineering or using/adapting any part of the Game’s code or other content for commercial or redistribution purposes isn’t permitted.
b. Absent a valid distribution Agreement between you and GameTrust, you may not make the Game available on any third party network, FTP, internet website, torrent site, file-sharing service, intranet, or “cloud”, whereby individuals other than you may download and install the Game. You further agree that you will not link to any such third party network, torrent, FTP, file-sharing service, intranet, or “cloud” that is not legally owned by GameTrust or its distributors. What this means: Redistribution of the Game without a license to do so is considered piracy, which is illegal under Federal and International law. This license is not a license for redistribution, so if you distribute the Game you’re violating this license. And as stated before, that’s copyright infringement, or piracy. The most popular means of piracy is through digital distribution, such as torrent clients or other file-sharing services. We want to continue providing worthwhile content for our users, but we can’t do it if our games are pirated—we need to eat, too, and we can’t make money off of pirated software.
3. INDEPENDENT ORIGIN. All characters, events, and portrayals contained in the Game are purely fictional and any resemblance to real events or real individuals whether alive or dead is purely coincidental. We do not claim any rights or interest in or to existing trademarks, trade names, personalities or likenesses that may incidentally resemble an existing product, service, or person. What this means: We do our level best to avoid these situations, but sometimes coincidences happen. If you share the name of one of our characters, we’re not stalking you—it really was an accident.
4. DISCLAIMER. ALL INFORMATION, CONTENT, SERVICES, AND MATERIAL AVAILABLE IN THE GAME AND RELATED SOFTWARE ARE PROVIDED ON AN “AS IS” BASIS. TO THE FULL EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THE NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT. WHAT THIS MEANS: WE DO OUR BEST TO MAKE THE HIGHEST QUALITY GAMES OUT THERE, BUT WE CAN’T GUARANTEE THAT YOUR COPY ISN’T DEFECTIVE. THIS IS BOLD BECAUSE IT’S IMPORTANT—THERE IS NO WARRANTY TO THIS GAME, SO YOU PURCHASE AND DOWNLOAD AT YOUR OWN RISK. WE DO NOT GUARANTEE THAT THE COPY OF THE GAME YOU’VE PURCHASED IS BUG FREE, OR EVEN FUNCTIONAL ON YOUR SYSTEM.
5. NO WARRANTIES. IN ADDITION, GAMETRUST AND ITS LICENSORS AND DISTRIBUTORS DISCLAIM ANY AND ALL WARRANTIES WITH RESPECT TO THE PRIVACY AND INTEGRITY OF THE COMPUTER RESOURCES YOU USE TO OPERATE THE SOFTWARE. NEITHER WE NOR OUR LICENSORS OR DISTRIBUTORS SHALL BE LIABLE FOR ANY DISRUPTIONS, DELAYS OR OTHER OMISSIONS IN ANY CONNECTION, DATA EXCHANGE OR OTHER INTERACTION THAT YOU MAY EXPERIENCE WHEN YOU USE THE GAME, REGARDLESS OF CAUSE (I.E., ANY SYSTEM FAILURE, SERVER ACCESS LOSS, OR DATA BREACH RESULTING FROM ANY CAUSE, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, NATURE OR OTHER CAUSES (BY WAY OF EXAMPLE, BUT BY NO MEANS A LIMITATION OF THE FOREGOING, EVENTS SUCH AS WAR OR EMBARGO). NEITHER WE NOR OUR LICENSORS OR DISTRIBUTORS SHALL BE RESPONSIBLE FOR THE CONDUCT OF ANY USERS OR COMPUTERS THAT CONNECT, EXCHANGE DATA, OR OTHERWISE INTERACT WITH YOU OR YOUR COMPUTER AS A RESULT OF YOUR USE OF THE GAME. WHAT THIS MEANS: WE’RE NOT MAKING ANY WARRANTIES OR GUARANTEES REGARDING THE INFORMATION COLLECTED THROUGH OUR MULTIPLAYER SYSTEMS, EXCEPT AS PROVIDED IN OUR PRIVACY POLICY.
6. ADDITIONAL DISCLAIMERS. YOUR PURCHASE AND USE OF THE GAME IS DONE SO AT YOUR OWN RISK. WE DO NOT WARRANT THAT YOUR ABILITY TO PLAY THE GAME WILL BE TIMELY, SECURE, UNINTERRUPTED, OR DEFECT-FREE. IN NO EVENT WILL GAMETRUST (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS) NOR ITS AFFILIATES BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF BUSINESS, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE OR LOSS OF DATA, OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT ARISING IN ANY WAY OUT OF PURCHASE OR USE OF THE GAME. WHAT THIS MEANS: SINCE YOU KNOW THERE’S NO WARRANTY OR GUARANTEE REGARDING THE GAME, YOU’RE ASSUMING THE RISK IN PURCHASING AND DOWNLOADING IT. YOU CAN’T HOLD US LIABLE FOR LEGAL DAMAGES IF THE COPY OF THE GAME YOU’VE DOWNLOADED CRASHES YOUR SYSTEM OR DOES NOT FUNCTION—WE’LL DO OUR BEST TO KEEP IT FROM HAPPENING, BUT SOFTWARE IS NEVER A RISK FREE PRODUCT.
7. LIMITED WARRANTY FOR PRODUCT PURCHASED AS A PHYSICAL MEDIUM. If you purchased product as a physical medium (CD, cartridge or DVD-ROM), this Section 8 is applicable to you:
GameTrust warrants that the physical medium containing the Game shall be free from defects in material and workmanship for a period of ninety (90) days from the date of your purchase of such medium. In the event that the medium containing the Game proves to be defective during that time period, GameTrust will, at GameTrust’s option, free of charge, (a) correct any defect, (b) replace the Game, (c) substitute a similar Game of equal or greater value (in the event the Game is no longer being manufactured by GameTrust or available in GameTrust’s inventory), or (d) refund your money when you present GameTrust with written proof of purchase of the defective medium. THIS IS YOUR SOLE AND EXCLUSIVE REMEDY FOR THE EXPRESS WARRANTY SET FORTH IN THIS SECTION. When returning the Game for warranty replacement please send the original Game disc, cartridge or DVD, as applicable, only in protective packaging and include: (1) a photocopy of your dated sales receipt; (2) your name and return address typed or clearly printed; (3) a brief note describing the defect, the problem(s) you are encountering and the hardware and system on which you are running the Game. What this means: We hope you are able to enjoy our games trouble-free. However, if you do purchase a disc copy of our Game and you find a defect in your purchase, we may elect to repair, replace, substitute, or refund you for your purchase at no cost to you. If we do, you understand that our decision to replace, repair, substitute or refund is the extent of your available remedies under this agreement.
8. LIMITATION OF LIABILITY. YOUR PURCHASE AND USE OF THE GAME IS AT YOUR OWN RISK. WE DO NOT WARRANT THAT YOUR ABILITY TO PLAY THE GAME WILL BE TIMELY, SECURE, UNINTERRUPTED OR DEFECT-FREE. IN NO EVENT WILL GAMETRUST OR TEQUILA WORKS (INCLUDING THEIR OFFICERS, DIRECTORS, PERSONNEL, AGENTS, OR EMPLOYEES) NOR ITS AFFILIATES BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF BUSINESS, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE OR LOSS OF DATA, OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT ARISING IN ANY WAY OUT OF PURCHASE OR USE OF THE GAME. WHAT THIS MEANS: SINCE YOU KNOW THERE IS NO WARRANTY OR GUARANTEE REGARDING THE GAME, YOU’RE ASSUMING THE RISK IN PURCHASING AND DOWNLOADING IT. YOU CAN’T HOLD US LIABLE FOR LEGAL DAMAGES IF THE COPY OF THE GAME YOU’VE DOWNLOADED CRASHES YOUR SYSTEM OR DOESN’T FUNCTION—WE’LL DO OUR BEST TO KEEP IT FROM HAPPENING, BUT SOFTWARE IS NEVER A RISK FREE PRODUCT.
9. DISPUTE RESOLUTION: You agree to follow this Agreement’s dispute resolution policy as set forth below in connection with any potential claims or disputes arising from your purchase and use of the Game:
a. Informal Negotiations. Parties to a dispute concerning this Agreement or purchase and use of the Game will attempt to informally negotiate a potential settlement or resolution to the dispute.
b. Online Arbitration. In the event that informal negotiations are unsuccessful, the parties agree to follow the American Arbitration Association’s online arbitration procedures to resolve the dispute.
c. Binding Arbitration. If for any reason online arbitration is unsuccessful or unavailable to the parties, parties agree to submit to binding arbitration in the State of Texas.
d. You and GameTrust agree that any arbitration shall be limited to the claim between GameTrust and you individually. YOU AND GAMETRUST AGREE THAT (A) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (B) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (C) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER. What this means: Arbitration is cheaper and easier than litigation. If there’s a dispute, we want to resolve it in the cheapest and most efficient way possible—this benefits both you, the user, and us. If you have a problem with our Game we welcome you to provide feedback. If the matter is significant enough, mediation and arbitration are our first steps in resolving that matter. Additionally, if violate the license terms of this Agreement, our first steps will be through arbitration. All arbitration is personal—you can’t bring a class action claim to arbitration.
10. NO WAIVER. Our failure to enforce at any time any of the provisions of this Agreement or related agreements shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the right of any party to enforce each and every such provision. The express waiver by GameTrust of any provision, condition or requirement of this Agreement or related agreements shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
11. MISCELLENEOUS PROVISIONS. The parties additionally agree to the following:
a. Jurisdiction and Choice of Law. The validity, interpretation, and performance of this Agreement are governed and controlled by the laws and regulations of the state where you reside. In the event of a dispute you agree to submit to the personal and exclusive jurisdiction of the State and Federal Courts of Texas. What this means: If there is a dispute, that dispute will be resolved in Texas. You’re agreeing that your sole means of remedy is placed in the hands of the Texas courts; additionally, you’re agreeing that the laws of the state where you reside not only governs this document but governs your actions in connection with this license.
b. Severability. If any portion of this Agreement is found invalid by any competent Court of Law, the invalidity will not affect other provisions or applications of the remainder of this Agreement which can be given effect without the invalid portion. What this means: If a court determines that any part of this Agreement isn’t legal or enforceable, the rest of the Agreement that IS legal and enforceable remains in force. The entirety and enforceability of this license doesn’t hinge on the enforceability of any one particular provision.
c. Notification of Changes to this Agreement. We may from time to time change this Agreement. You agree that notification to you of these changes will be effective upon posting those notifications and changes on the http://store.steampowered.com/app/460700or Game web site. What this means: this Agreement or our privacy policy may change at any time. When it does, we will notify you through our website.
d. Prior Versions. This Agreement constitutes the full understanding of your agreement with us. Any prior versions of this document have no effect on this Agreement. What this means: Only this version of the Agreement is binding. Prior versions are no longer enforceable.
e. Assignment. This Agreement, may be assigned by GameTrust to any third party at our sole discretion.
f. Legal Fees. In the event that either party is required to obtain the assistance of an attorney in order to enforce the terms of this Agreement, the Party prevailing in such an enforcement action will be entitled to recovery of all reasonable attorney’s fees in connection with such action. What this means: Attorneys aren’t cheap. If you violate this Agreement, in addition to other damages, you may be liable for our attorney fees.
g. Survival. The following sections shall remain in full force and effect after the expiration or termination of this Agreement: 1, 3, 5, 6, 7, 8, 9-12