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qb
Copyright (c) 2017 Armadillo Studios GbR
*** END USER LICENSE AGREEMENT ***
IMPORTANT: PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THIS SOFTWARE.
1. LICENSE
By receiving, installing and/or using qb ("Software") containing this software, you agree that this End User User License Agreement (“EULA”) is a legally binding and valid contract and agree to be bound by it. You agree to abide by the intellectual property laws and all of the terms and conditions of this Agreement.
Unless you have a different license agreement signed by Armadillo Studios GbR your use of qb indicates your acceptance of this license agreement and warranty.
Subject to the terms of this Agreement, Armadillo Studios GbR grants to you a limited, non-exclusive, non-transferable license, without right to sublicense, using qb for your personal, non-commercial use in accordance with this Agreement and any other written agreement with Armadillo Studios GbR. Armadillo Studios GbR does not transfer the title of qb to you; the license granted to you is not a sale. This agreement is a binding legal agreement between Armadillo Studios GbR and the purchasers or users of qb.
In the event that you are under the required age, you may not continue to use the Product.
The games rating is a guideline only and Armadillo Studios GbR shall not be liable in the event that you deem such material to be inappropriate for the age rating in all the circumstances. Please be aware that not all features of the Product are rated and some features may contain adult language and material.
If you do not agree to be bound by this agreement, do not buy or download or use the product and remove qb from your computer.
2. DISTRIBUTION
qb and the license herein granted shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole or in part except that you may make one copy for archive purposes only. You may not cause or permit the sale or other commercial distribution or commercial exploitations for any or parts of the products. For information about redistribution of qb contact Armadillo Studios GbR. This Agreement does also apply to any updates, patches or upgrades you may obtain for any of the products.
3. USER AGREEMENT
3.1 Use
Your license to use qb is limited to the number of licenses purchased by you. You shall not allow others to use, copy or evaluate copies of qb.
3.2 Use Restrictions
You shall use qb in compliance with all applicable laws and not for any unlawful purpose. Without limiting the foregoing, use, display or distribution of qb together with material, User-Generated Content or any modification (according to clause 3.3) that is pornographic, racist, vulgar, obscene, defamatory, libelous, abusive, promoting hatred, discriminating or displaying prejudice based on religion, ethnic heritage, race, sexual orientation or age is strictly prohibited.
Each licensed copy of qb may be used on one single computer location by one user. Use of qb means that you have loaded, installed, or run qb on a computer or similar device. If you install qb onto a multi-user platform, server or network, each and every individual user of qb must be licensed separately.
You may make one copy of qb for backup purposes, providing you only have one copy installed on one computer being used by one person. Other users may not use your copy of qb. The assignment, sublicense, networking, sale, or distribution of copies of qb are strictly forbidden without the prior written consent of Armadillo Studios GbR. It is a violation of this agreement to assign, sell, share, loan, rent, lease, borrow, network or transfer the use of qb.
Other than as provided specifically in this Agreement and to the extent permitted by the applicable laws you are not permitted to publicly display or publicly perform all or any portion of the software or accompanying materials.
If any person other than yourself uses qb registered in your name, regardless of whether it is at the same time or different times, then this agreement is being violated and you are responsible for that violation!
You may create and make publicly available so called “Let´s Play Videos” (or similar videos) containing material (such as images, sounds or gameplay) of the Game or any modifications of the Game (“Mods”) through the social media channels such as Twitch.tv, Youtube.com or other, whether monetized or not.
3.3 Modifications and User-Generated Content
You are allowed only for the purpose of yours and other’s personal enjoyment to create, distribute and make publicly available user modifications. So called “Mods” or “user mods” are generally known as adding any modifications, tools or plugins to the game. Furthermore mods may not infringe any third party rights, such as intellectual property rights or any rights to privacy or publicity. It is not permitted to charge other end users or accept donations for mods or User-Generated Content.
You may not distribute the Game together with the mod, and may not allow other users to access any paid Game content (such as DLC, expansions or in-game items) which such other end user does not have access to otherwise.
You automatically grant to Armadillo Studios GbR the irrevocable, perpetual, royalty free, sublicensable right and license under all applicable copyrights and intellectual property rights laws to use, reproduce, modify, adapt, perform, display, distribute and otherwise exploit and/or dispose of the mods or User-Generated Content (or any part thereof) in any way Armadillo Studios GbR sees fit.
All mods and User-Generated Content must contain the proper credits to the authors of the Customized Game Materials and must indicate that LICENSOR is not the author of the Customized Game Materials with additional language that “THIS MATERIAL IS NOT MADE, GUARANTEED OR SUPPORTED BY THE PUBLISHER OF THE SOFTWARE OR ITS AFFILIATES.”
You may not use mods to gain any advantage over other players while playing multiplayer (“cheating”). Customized Game Materials shall not contain modifications to any other executable files.
3.4 Copyright Restriction
This Software contains copyrighted material, trade secrets and other proprietary material. Other than as provided specifically in this Agreement and to the extent permitted by the applicable laws. You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile qb or any of the products. Nor are you allowed to create any derivative works or other works that are based upon or derived from qb in whole or in part.
Armadillo Studios GbR's name, logo and graphics file that represents qb shall not be used in any way to promote products developed with qb. Armadillo Studios GbR retains sole and exclusive ownership of all right, title and interest in and to qb and all Intellectual Property rights relating thereto.
Copyright law and international copyright treaty provisions protect all parts of qb, products and services. No program, code, part, asset, image, audio sample, or text may be copied or used in any way by the user except as intended within the bounds of the single user program. All rights not expressly granted hereunder are reserved for Armadillo Studios GbR.
3.5 Limitation of Responsibility
You will indemnify, hold harmless, and defend Armadillo Studios GbR , its employees, agents and distributors against any and all claims, proceedings, demand and costs resulting from or in any way connected with your use of Armadillo Studios GbR's Software.
In no event (including, without limitation, in the event of negligence) will Armadillo Studios GbR, its employees, agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, qb or the use or inability to use qb or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence.
Armadillo Studios GbR's entire liability, without exception, is limited to the customers' reimbursement of the purchase price of the Software (maximum being the lesser of the amount paid by you and the suggested retail price as listed by Armadillo Studios GbR ) in exchange for the return of the product, all copies, registration papers and manuals, and all materials that constitute a transfer of license from the customer back to Armadillo Studios GbR.
3.6 Warranties
Except as expressly stated in writing, Armadillo Studios GbR makes no representation or warranties in respect of this Software and expressly excludes all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose.
3.7 Governing Law and Severability
This Agreement shall be governed by the law of Germany applicable therein. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of Germany therefrom. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this License and not affect the validity and enforceability of any other provisions.
3.8 Termination
This Agreement continues to remain in full force and effect until such time as terminated by either party. Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this license. Upon termination of this license granted herein for any reason, you agree to immediately cease use of qb and destroy all copies of qb supplied under this Agreement. The financial obligations incurred by you shall survive the expiration or termination of this license.
4. DISCLAIMER OF WARRANTY
THIS SOFTWARE AND THE ACCOMPANYING FILES ARE SOLD "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. THIS DISCLAIMER CONCERNS ALL FILES GENERATED AND EDITED BY qb AS WELL.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOU EXPRESSLY AGREE THAT THE USE OF THE PRODUCT IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU.
THE PRODUCT IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND Armadillo Studios GbR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE PRODUCT, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT
(A) THE PRODUCT WILL MEET YOUR REQUIREMENTS,
(B) YOUR USE OF THE PRODUCT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
(C) THE PRODUCT WILL BE INTEROPERABLE OR COMPATIBLE WITH OTHER SOFTWARE
(D) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCT WILL BE EFFECTIVE, ACCURATE OR RELIABLE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY Armadillo Studios GbR OR ITS AUTHORIZED REPRESENTATIVE(S) SHALL CREATE A WARRANTY.
(E) ANY USER-GENERATED CONTENT IS WORKING AS INTENDED
We are not responsible for the availability of external websites or resources and are not responsible or liable for any content, advertising, products, services or other materials on or available from such websites or resources and you access these websites at your own risk.
We are not responsible for any Steam or in-game communications. Communications which are pornographic, racist, vulgar, obscene, defamatory, libelous, abusive, promoting hatred, discriminating or displaying prejudice based on religion, ethnic heritage, race, sexual orientation or age are strictly prohibited.
We are not responsible for any User-Generated Content, modifications, downloads, synchronization of content or hosted servers regarding the products or any part of them.
The product may not be accessible in your location or from territories where the content is prohibited by local laws.
5. CONSENT OF USE OF DATA
You agree that Armadillo Studios GbR may collect and use information (such as SteamID, computer configuration, gameplay behavior and progress, browser type, platform type and software usage) gathered in any manner as part of the product support services provided to you, if any, related to qb Armadillo Studios GbR may also use this information to provide notices to you which may be of use or interest to you.
6. DISPUTE RESOLUTION
Most concerns regarding this Agreement or the Game (“Disputes”) can be resolved by contacting Armadillo Studios GbR at support@theqb.net. Therefore, you agree to first attempt to negotiate any Dispute informally with Armadillo Studios GbR for at least thirty (30) days before initiating any court proceeding. Should the Dispute not be resolved by informal negotiations, you agree, to the extent permitted by applicable law, to the exclusive personal and subject matter jurisdiction of the courts located in Dresden, Germany, for making and resolving any such claims, and hereby waive any right to participate in any type of lawsuit brought and/or maintained as a class action or similar in nature to a class action.
7. UPDATE OF THESE TERMS
We may amend this Agreement from time to time by posting a prominent notice on Steam. Your continued use of the Game after changes are posted means you agree to be legally bound by the Agreement as updated and amended.
8. OPEN SOURCE AND THIRD PARTY SOFTWARE
The game software includes and/or uses open source software(“OSS”) and third party software (“TPS”). You agree to be bound by the licence terms in respect of the OSS and TPS contained in the software.
Copyright (c) 2017 Armadillo Studios GbR
*** END USER LICENSE AGREEMENT ***
IMPORTANT: PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THIS SOFTWARE.
1. LICENSE
By receiving, installing and/or using qb ("Software") containing this software, you agree that this End User User License Agreement (“EULA”) is a legally binding and valid contract and agree to be bound by it. You agree to abide by the intellectual property laws and all of the terms and conditions of this Agreement.
Unless you have a different license agreement signed by Armadillo Studios GbR your use of qb indicates your acceptance of this license agreement and warranty.
Subject to the terms of this Agreement, Armadillo Studios GbR grants to you a limited, non-exclusive, non-transferable license, without right to sublicense, using qb for your personal, non-commercial use in accordance with this Agreement and any other written agreement with Armadillo Studios GbR. Armadillo Studios GbR does not transfer the title of qb to you; the license granted to you is not a sale. This agreement is a binding legal agreement between Armadillo Studios GbR and the purchasers or users of qb.
In the event that you are under the required age, you may not continue to use the Product.
The games rating is a guideline only and Armadillo Studios GbR shall not be liable in the event that you deem such material to be inappropriate for the age rating in all the circumstances. Please be aware that not all features of the Product are rated and some features may contain adult language and material.
If you do not agree to be bound by this agreement, do not buy or download or use the product and remove qb from your computer.
2. DISTRIBUTION
qb and the license herein granted shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole or in part except that you may make one copy for archive purposes only. You may not cause or permit the sale or other commercial distribution or commercial exploitations for any or parts of the products. For information about redistribution of qb contact Armadillo Studios GbR. This Agreement does also apply to any updates, patches or upgrades you may obtain for any of the products.
3. USER AGREEMENT
3.1 Use
Your license to use qb is limited to the number of licenses purchased by you. You shall not allow others to use, copy or evaluate copies of qb.
3.2 Use Restrictions
You shall use qb in compliance with all applicable laws and not for any unlawful purpose. Without limiting the foregoing, use, display or distribution of qb together with material, User-Generated Content or any modification (according to clause 3.3) that is pornographic, racist, vulgar, obscene, defamatory, libelous, abusive, promoting hatred, discriminating or displaying prejudice based on religion, ethnic heritage, race, sexual orientation or age is strictly prohibited.
Each licensed copy of qb may be used on one single computer location by one user. Use of qb means that you have loaded, installed, or run qb on a computer or similar device. If you install qb onto a multi-user platform, server or network, each and every individual user of qb must be licensed separately.
You may make one copy of qb for backup purposes, providing you only have one copy installed on one computer being used by one person. Other users may not use your copy of qb. The assignment, sublicense, networking, sale, or distribution of copies of qb are strictly forbidden without the prior written consent of Armadillo Studios GbR. It is a violation of this agreement to assign, sell, share, loan, rent, lease, borrow, network or transfer the use of qb.
Other than as provided specifically in this Agreement and to the extent permitted by the applicable laws you are not permitted to publicly display or publicly perform all or any portion of the software or accompanying materials.
If any person other than yourself uses qb registered in your name, regardless of whether it is at the same time or different times, then this agreement is being violated and you are responsible for that violation!
You may create and make publicly available so called “Let´s Play Videos” (or similar videos) containing material (such as images, sounds or gameplay) of the Game or any modifications of the Game (“Mods”) through the social media channels such as Twitch.tv, Youtube.com or other, whether monetized or not.
3.3 Modifications and User-Generated Content
You are allowed only for the purpose of yours and other’s personal enjoyment to create, distribute and make publicly available user modifications. So called “Mods” or “user mods” are generally known as adding any modifications, tools or plugins to the game. Furthermore mods may not infringe any third party rights, such as intellectual property rights or any rights to privacy or publicity. It is not permitted to charge other end users or accept donations for mods or User-Generated Content.
You may not distribute the Game together with the mod, and may not allow other users to access any paid Game content (such as DLC, expansions or in-game items) which such other end user does not have access to otherwise.
You automatically grant to Armadillo Studios GbR the irrevocable, perpetual, royalty free, sublicensable right and license under all applicable copyrights and intellectual property rights laws to use, reproduce, modify, adapt, perform, display, distribute and otherwise exploit and/or dispose of the mods or User-Generated Content (or any part thereof) in any way Armadillo Studios GbR sees fit.
All mods and User-Generated Content must contain the proper credits to the authors of the Customized Game Materials and must indicate that LICENSOR is not the author of the Customized Game Materials with additional language that “THIS MATERIAL IS NOT MADE, GUARANTEED OR SUPPORTED BY THE PUBLISHER OF THE SOFTWARE OR ITS AFFILIATES.”
You may not use mods to gain any advantage over other players while playing multiplayer (“cheating”). Customized Game Materials shall not contain modifications to any other executable files.
3.4 Copyright Restriction
This Software contains copyrighted material, trade secrets and other proprietary material. Other than as provided specifically in this Agreement and to the extent permitted by the applicable laws. You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile qb or any of the products. Nor are you allowed to create any derivative works or other works that are based upon or derived from qb in whole or in part.
Armadillo Studios GbR's name, logo and graphics file that represents qb shall not be used in any way to promote products developed with qb. Armadillo Studios GbR retains sole and exclusive ownership of all right, title and interest in and to qb and all Intellectual Property rights relating thereto.
Copyright law and international copyright treaty provisions protect all parts of qb, products and services. No program, code, part, asset, image, audio sample, or text may be copied or used in any way by the user except as intended within the bounds of the single user program. All rights not expressly granted hereunder are reserved for Armadillo Studios GbR.
3.5 Limitation of Responsibility
You will indemnify, hold harmless, and defend Armadillo Studios GbR , its employees, agents and distributors against any and all claims, proceedings, demand and costs resulting from or in any way connected with your use of Armadillo Studios GbR's Software.
In no event (including, without limitation, in the event of negligence) will Armadillo Studios GbR, its employees, agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, qb or the use or inability to use qb or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence.
Armadillo Studios GbR's entire liability, without exception, is limited to the customers' reimbursement of the purchase price of the Software (maximum being the lesser of the amount paid by you and the suggested retail price as listed by Armadillo Studios GbR ) in exchange for the return of the product, all copies, registration papers and manuals, and all materials that constitute a transfer of license from the customer back to Armadillo Studios GbR.
3.6 Warranties
Except as expressly stated in writing, Armadillo Studios GbR makes no representation or warranties in respect of this Software and expressly excludes all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose.
3.7 Governing Law and Severability
This Agreement shall be governed by the law of Germany applicable therein. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of Germany therefrom. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this License and not affect the validity and enforceability of any other provisions.
3.8 Termination
This Agreement continues to remain in full force and effect until such time as terminated by either party. Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this license. Upon termination of this license granted herein for any reason, you agree to immediately cease use of qb and destroy all copies of qb supplied under this Agreement. The financial obligations incurred by you shall survive the expiration or termination of this license.
4. DISCLAIMER OF WARRANTY
THIS SOFTWARE AND THE ACCOMPANYING FILES ARE SOLD "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. THIS DISCLAIMER CONCERNS ALL FILES GENERATED AND EDITED BY qb AS WELL.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOU EXPRESSLY AGREE THAT THE USE OF THE PRODUCT IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU.
THE PRODUCT IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND Armadillo Studios GbR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE PRODUCT, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT
(A) THE PRODUCT WILL MEET YOUR REQUIREMENTS,
(B) YOUR USE OF THE PRODUCT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
(C) THE PRODUCT WILL BE INTEROPERABLE OR COMPATIBLE WITH OTHER SOFTWARE
(D) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCT WILL BE EFFECTIVE, ACCURATE OR RELIABLE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY Armadillo Studios GbR OR ITS AUTHORIZED REPRESENTATIVE(S) SHALL CREATE A WARRANTY.
(E) ANY USER-GENERATED CONTENT IS WORKING AS INTENDED
We are not responsible for the availability of external websites or resources and are not responsible or liable for any content, advertising, products, services or other materials on or available from such websites or resources and you access these websites at your own risk.
We are not responsible for any Steam or in-game communications. Communications which are pornographic, racist, vulgar, obscene, defamatory, libelous, abusive, promoting hatred, discriminating or displaying prejudice based on religion, ethnic heritage, race, sexual orientation or age are strictly prohibited.
We are not responsible for any User-Generated Content, modifications, downloads, synchronization of content or hosted servers regarding the products or any part of them.
The product may not be accessible in your location or from territories where the content is prohibited by local laws.
5. CONSENT OF USE OF DATA
You agree that Armadillo Studios GbR may collect and use information (such as SteamID, computer configuration, gameplay behavior and progress, browser type, platform type and software usage) gathered in any manner as part of the product support services provided to you, if any, related to qb Armadillo Studios GbR may also use this information to provide notices to you which may be of use or interest to you.
6. DISPUTE RESOLUTION
Most concerns regarding this Agreement or the Game (“Disputes”) can be resolved by contacting Armadillo Studios GbR at support@theqb.net. Therefore, you agree to first attempt to negotiate any Dispute informally with Armadillo Studios GbR for at least thirty (30) days before initiating any court proceeding. Should the Dispute not be resolved by informal negotiations, you agree, to the extent permitted by applicable law, to the exclusive personal and subject matter jurisdiction of the courts located in Dresden, Germany, for making and resolving any such claims, and hereby waive any right to participate in any type of lawsuit brought and/or maintained as a class action or similar in nature to a class action.
7. UPDATE OF THESE TERMS
We may amend this Agreement from time to time by posting a prominent notice on Steam. Your continued use of the Game after changes are posted means you agree to be legally bound by the Agreement as updated and amended.
8. OPEN SOURCE AND THIRD PARTY SOFTWARE
The game software includes and/or uses open source software(“OSS”) and third party software (“TPS”). You agree to be bound by the licence terms in respect of the OSS and TPS contained in the software.