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LIMITED LICENSE AGREEMENT for the use of the software game NANTUCKET
A. This limited license agreement for the use of the computer game NANTUCKET (this “Agreement”) is entered into between FISH EAGLE TRADING E SERVICOS LDA (“the Licensor”) and You, the end-user (the “Licensee” or “You”).
B. The Agreement is made effective beginning on the date on which You, first download, install, load of otherwise use NANTUCKET (the “Product”).
C. By downloading, installing, loading or otherwise using NANTUCKET You agree to all terms and conditions of this Agreement or in the accompanying documentation. You should read this Agreement carefully before downloading, installing, loading or otherwise using NANTUCKET. If you do not agree with the terms and conditions set forth in this Agreement you are not authorized to use NANTUCKET.
Grant of Limited Non–exclusive License.
Subject to your agreement to, and full compliance with, the terms and provisions of this Agreement, Licensor hereby grants to You a limited, personal, non-transferable and non–exclusive right to use the Product in accordance with the instructions provided in the manual or on packaging of the Product.
Any use of the Product not expressly permitted in this Agreement is expressly prohibited and any such unauthorized use shall constitute a material breach of this Agreement.
Intellectual Property Rights.
Licensor and/or our Licensors retain all right, title and interest to this Product and the accompanying manual(s), packaging and other written materials (collectively, the accompanying materials), including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, audiovisual effects, themes, characters, character names, stories, dialog, settings, artwork, sound effects, musical works, and moral rights. The Product and accompanying materials are protected by English copyright law and applicable copyright laws and treaties throughout the World. All rights are reserved.
Restrictions.
Other than as provided specifically in this Agreement, You are not permitted to copy or otherwise reproduce the Product or accompanying materials; modify or prepare derivative copies based on the Product or accompanying materials; distribute copies of the Product or accompanying materials by sale or other transfer of Licensorship; rent, lease, or lend the Product or accompanying materials; or to display the Product or accompanying materials publicly. You are expressly prohibited from transmitting and or sharing the Product or accompanying materials electronically or otherwise over the Internet or through any other media or to any other party. You are expressly prohibited from selling or otherwise using for profit any scenery, maps, levels, level packs, add-on packs, sequels, characters or other components or items based upon or related to the Product or accompanying materials. You are not permitted to reverse engineer, decompile or disassemble the software in any way. Any copying of the Product or accompanying materials not specifically allowed in this Agreement is a violation of this Agreement.
Warranty Disclaimers.
Licensor provides the Product to you "as is" and without warranty of any kind, express, statutory, implied, or otherwise, including without limitation any warranty of merchantability, fitness for a particular purpose or non-infringement. Except for the express limited warranty set forth above, Licensor makes no warranties, express or implied, oral or written, concerning the products or any component part thereof. Any implied warranties that may be imposed by applicable law are limited in all respects to the fullest extent allowed and to the duration of the limited warranty. Licensor does not represent, warrant or guarantee the quality or the performance of the Product or accompanying materials. Licensor also does not represent, warrant or guarantee that the Product or accompanying materials capabilities will meet your needs or that the software will continuously operate, be error free, or that problems will be corrected. No oral or written information or advice given by Licensor, its dealers, distributors, directors, officers, employees, agents, contractors or affiliates shall create any other warranty or extend or expand the scope of this warranty. You may not rely on any such information or advice.
Technical Support.
Should you experience a technical problem concerning the operation of this Product, please visit the website www.picaresquestudio.com.
Limitation of Liability.
To the maximum extent permitted by applicable law, and regardless of whether any remedy set forth herein fails of its essential purpose, in no event will Licensor, its directors, officers, employees, agents or affiliates nor anyone else involved in the development, manufacture or distribution of the Product or the accompanying materials be liable for any damages whatsoever, including without limitation, direct or indirect, incidental; or consequential damages for personal injury, personal property, loss of business profits, business interruption, loss of business information, loss of text or data stored in or used with the Product including the cost of recovering or reproducing the text or data, or any other pecuniary loss, arising from or out of the use or inability to use this Product. This liability limitation applies even if you or anyone else has advised Licensor or any of its authorized representatives of the possibility of such damages. Even if such is caused by, arises out of or results from the ordinary, strict, sole or contributory negligence of Licensor or its directors, officers, employees, agents, contractors or affiliates. Some countries do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Indemnity.
You agree to indemnify the Licensor and its suppliers in relation to any all liabilities, losses actions, damages, or claims (including all reasonable expenses and costs, al legal fees arising out of or relating to any breach by You of any term of this Agreement or any infringement by You of any Intellectual Property Rights owned by them or either of them.
Termination.
This Agreement is valid until terminated. This Agreement ceases automatically (without any form of notice) if You do not comply with any Agreement provision. You can also end this Agreement by destroying the Product and accompanying materials and all copies and reproductions of the Product and accompanying materials and deleting and permanently purging the software from any computer on which it has been installed.
General.
This Agreement constitutes the entire understanding between Licensee and Licensor regarding the subject matter hereof.
This Agreement does not constitute and shall not be construed as constituting a partnership or join venture between the Licensee and Licensor. Neither party hereto shall have any right to obligate or bind the other party in any manner whatsoever, and nothing herein contained shall give, or is intended to give, any rights of any kind to any third persons.
The Licensor may at any time revise and alter the version of NANTUCKET.
This Agreement supersedes all eventual prior agreements and understanding to the subject matter hereof. Any modifications of and supplements to this Agreement must be made in writing. This provision applies also if the prerequisite of writing is ceded.
If any provision of this Agreement shall be found to be invalid or unenforceable for legal or factual reasons the invalidity or unenforceability of such provisions shall not affect the other provisions of this Agreement and all provisions of this Agreement not affected by such invalidity or unenforceability shall remain in full force and effect.
Jurisdiction.
This Agreement is governed by and interpreted in accordance with English law. Any controversy arising from this Agreement will be subject to the English courts. In the event that any provision of this Agreement shall be held to be unenforceable, it shall be severed from, and in no way shall effect the validity or enforceability of the remaining provisions of this agreement.
Credits.
This game is entirely a work of fiction. The names, characters, and incidents portrayed in it are the work of the developers imaginations. Any resemblance to actual persons, living or dead, events, or localities is entirely coincidental.
©2017 FISH EAGLE TRADING E SERVICOS LDA. Developed by PICARESQUE STUDIO. All Rights Reserved.
All other trademarks and trade names are properties of their licensors.
A. This limited license agreement for the use of the computer game NANTUCKET (this “Agreement”) is entered into between FISH EAGLE TRADING E SERVICOS LDA (“the Licensor”) and You, the end-user (the “Licensee” or “You”).
B. The Agreement is made effective beginning on the date on which You, first download, install, load of otherwise use NANTUCKET (the “Product”).
C. By downloading, installing, loading or otherwise using NANTUCKET You agree to all terms and conditions of this Agreement or in the accompanying documentation. You should read this Agreement carefully before downloading, installing, loading or otherwise using NANTUCKET. If you do not agree with the terms and conditions set forth in this Agreement you are not authorized to use NANTUCKET.
Grant of Limited Non–exclusive License.
Subject to your agreement to, and full compliance with, the terms and provisions of this Agreement, Licensor hereby grants to You a limited, personal, non-transferable and non–exclusive right to use the Product in accordance with the instructions provided in the manual or on packaging of the Product.
Any use of the Product not expressly permitted in this Agreement is expressly prohibited and any such unauthorized use shall constitute a material breach of this Agreement.
Intellectual Property Rights.
Licensor and/or our Licensors retain all right, title and interest to this Product and the accompanying manual(s), packaging and other written materials (collectively, the accompanying materials), including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, audiovisual effects, themes, characters, character names, stories, dialog, settings, artwork, sound effects, musical works, and moral rights. The Product and accompanying materials are protected by English copyright law and applicable copyright laws and treaties throughout the World. All rights are reserved.
Restrictions.
Other than as provided specifically in this Agreement, You are not permitted to copy or otherwise reproduce the Product or accompanying materials; modify or prepare derivative copies based on the Product or accompanying materials; distribute copies of the Product or accompanying materials by sale or other transfer of Licensorship; rent, lease, or lend the Product or accompanying materials; or to display the Product or accompanying materials publicly. You are expressly prohibited from transmitting and or sharing the Product or accompanying materials electronically or otherwise over the Internet or through any other media or to any other party. You are expressly prohibited from selling or otherwise using for profit any scenery, maps, levels, level packs, add-on packs, sequels, characters or other components or items based upon or related to the Product or accompanying materials. You are not permitted to reverse engineer, decompile or disassemble the software in any way. Any copying of the Product or accompanying materials not specifically allowed in this Agreement is a violation of this Agreement.
Warranty Disclaimers.
Licensor provides the Product to you "as is" and without warranty of any kind, express, statutory, implied, or otherwise, including without limitation any warranty of merchantability, fitness for a particular purpose or non-infringement. Except for the express limited warranty set forth above, Licensor makes no warranties, express or implied, oral or written, concerning the products or any component part thereof. Any implied warranties that may be imposed by applicable law are limited in all respects to the fullest extent allowed and to the duration of the limited warranty. Licensor does not represent, warrant or guarantee the quality or the performance of the Product or accompanying materials. Licensor also does not represent, warrant or guarantee that the Product or accompanying materials capabilities will meet your needs or that the software will continuously operate, be error free, or that problems will be corrected. No oral or written information or advice given by Licensor, its dealers, distributors, directors, officers, employees, agents, contractors or affiliates shall create any other warranty or extend or expand the scope of this warranty. You may not rely on any such information or advice.
Technical Support.
Should you experience a technical problem concerning the operation of this Product, please visit the website www.picaresquestudio.com.
Limitation of Liability.
To the maximum extent permitted by applicable law, and regardless of whether any remedy set forth herein fails of its essential purpose, in no event will Licensor, its directors, officers, employees, agents or affiliates nor anyone else involved in the development, manufacture or distribution of the Product or the accompanying materials be liable for any damages whatsoever, including without limitation, direct or indirect, incidental; or consequential damages for personal injury, personal property, loss of business profits, business interruption, loss of business information, loss of text or data stored in or used with the Product including the cost of recovering or reproducing the text or data, or any other pecuniary loss, arising from or out of the use or inability to use this Product. This liability limitation applies even if you or anyone else has advised Licensor or any of its authorized representatives of the possibility of such damages. Even if such is caused by, arises out of or results from the ordinary, strict, sole or contributory negligence of Licensor or its directors, officers, employees, agents, contractors or affiliates. Some countries do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Indemnity.
You agree to indemnify the Licensor and its suppliers in relation to any all liabilities, losses actions, damages, or claims (including all reasonable expenses and costs, al legal fees arising out of or relating to any breach by You of any term of this Agreement or any infringement by You of any Intellectual Property Rights owned by them or either of them.
Termination.
This Agreement is valid until terminated. This Agreement ceases automatically (without any form of notice) if You do not comply with any Agreement provision. You can also end this Agreement by destroying the Product and accompanying materials and all copies and reproductions of the Product and accompanying materials and deleting and permanently purging the software from any computer on which it has been installed.
General.
This Agreement constitutes the entire understanding between Licensee and Licensor regarding the subject matter hereof.
This Agreement does not constitute and shall not be construed as constituting a partnership or join venture between the Licensee and Licensor. Neither party hereto shall have any right to obligate or bind the other party in any manner whatsoever, and nothing herein contained shall give, or is intended to give, any rights of any kind to any third persons.
The Licensor may at any time revise and alter the version of NANTUCKET.
This Agreement supersedes all eventual prior agreements and understanding to the subject matter hereof. Any modifications of and supplements to this Agreement must be made in writing. This provision applies also if the prerequisite of writing is ceded.
If any provision of this Agreement shall be found to be invalid or unenforceable for legal or factual reasons the invalidity or unenforceability of such provisions shall not affect the other provisions of this Agreement and all provisions of this Agreement not affected by such invalidity or unenforceability shall remain in full force and effect.
Jurisdiction.
This Agreement is governed by and interpreted in accordance with English law. Any controversy arising from this Agreement will be subject to the English courts. In the event that any provision of this Agreement shall be held to be unenforceable, it shall be severed from, and in no way shall effect the validity or enforceability of the remaining provisions of this agreement.
Credits.
This game is entirely a work of fiction. The names, characters, and incidents portrayed in it are the work of the developers imaginations. Any resemblance to actual persons, living or dead, events, or localities is entirely coincidental.
©2017 FISH EAGLE TRADING E SERVICOS LDA. Developed by PICARESQUE STUDIO. All Rights Reserved.
All other trademarks and trade names are properties of their licensors.