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This End-User License Agreement (the “EULA”) is a legal agreement between the individual and the publisher, Caprizant Studio, as the author of TinkerQuarry, which may include associated media, printed materials, and “online” or electronic documentation.
By installing and using the Software, Licensee agrees to be bound by the terms and conditions set forth in this EULA. If Licensee does not agree to the terms and conditions set forth in this EULA, then Licensee may not download, install, or use Software, and may be subject to legal prosecution if such data is obtained illegally.
1. Definitions
“Company” shall refer to the publisher, Caprizant Games, in addition to the creator, Wraith.
“Licensee” shall mean the individual or entity that downloads and uses the Software.
“Software” shall mean TinkerQuarry, the software provided pursuant to this EULA.
2. Grant of License
Software Product License. Subject to the terms of this EULA, Company hereby grants to Licensee a royalty-free, non-exclusive license to possess and to use a copy of the Software. Software is being distributed by the publisher Caprizant Games. Licensee is not allowed to make a charge for distributing this Software, either for profit or merely to recover media and distribution costs.
3. Description of Rights and Limitations
Limitations. Licensee may not reverse engineer, decompile, or disassemble Software, except and only to the extent that such activity is expressly permitted by applicable law or Company permission.
Update and Maintenance. Company shall provide updates and maintenance on an as needed basis or when applicable.
Separation of Components. Software is licensed as a single product. Its components may not be separated for use on more than one computer. Separation and redistribution of any of the assets present in this Software is considered illegal and may yield a user Steam copyright infringement report, legal action regarding copyrighted property, or both.
4. Intellectual Property. All rights, title, interest, and copyrights in and to the Software, including but not limited to all images, photographs, animations, video, audio, music, text, data, computer code, algorithms, and information, are owned by Company. The Software is protected by all applicable copyright laws and international treaties. Therefore, Licensee is required to treat Software like any other copyrighted material, except as otherwise provided for in this EULA.
5. Non-Support. Company has no obligation to Software support, or to continue providing or updating any of the Software.
6. Terms of Agreement. This EULA is effective until:
Automatically terminated if Licensee fails to comply with any of the terms and conditions set forth in this EULA; or
Terminated by Company.
Company may term terminate this EULA immediately upon written notice, including e-mail, to Licensee, with or without cause.
7. Integration. Both parties agree that this EULA is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements and communications relating to the subject matter of this EULA.
8. Jurisdiction. This EULA shall be deemed to have been made in, and shall be construed pursuant to the laws of the State of Delaware, without regard to conflicts of laws provisions thereof. Any legal action or proceeding relating to this EULA shall be brought exclusively in courts located in Canterbury, Delaware, and each party consents to the jurisdiction thereof. The prevailing party in any action to enforce this EULA shall be entitled to recover costs and expenses including, without limitation, attorneys’ fees. This EULA is made within the exclusive jurisdiction of the United States, and its jurisdiction shall supersede any other jurisdiction of either party’s election.
9. Severability. No failure to exercise, and no delay in exercising, on the part of either party, any privilege, any power or any rights hereunder will operate as a waiver thereof, nor will any single or partial exercise of any right or power hereunder preclude further exercise of any other right hereunder. If any provision of this EULA shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this EULA shall otherwise remain in full force and effect and enforceable.
10. Warranty Disclaimer. Company, and author of Software, hereby expressly disclaim any warranty for the Software. Software and any related documentation is provided “as is” without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchant ability, fitness for a particular purpose, or non-infringement. Licensee accepts any and all risk arising out of use or performance of Software.
11. Limited Liability. Company shall not be liable to Licensee, or any other person or entity claiming through Licensee any loss of profits, income, savings, or any other consequential, incidental, special, punitive, direct or indirect damage, whether arising in contract, tort, warranty, or otherwise. Even if Company has been advised of the possibility of such damages. These limitations shall apply regardless of the essential purpose of any limited remedy. Under no circumstances shall Company’s aggregate liability to Licensee, or any other person or entity claiming through Licensee, exceed the financial amount actually paid by Licensee to Company for the Software.
13. Entire Agreement. This Agreement constitutes the entire agreement between Company and Licensee and supersedes all prior understandings of Company and Licensee, including any prior representation, statement, condition, or warranty.
By installing and using the Software, Licensee agrees to be bound by the terms and conditions set forth in this EULA. If Licensee does not agree to the terms and conditions set forth in this EULA, then Licensee may not download, install, or use Software, and may be subject to legal prosecution if such data is obtained illegally.
1. Definitions
“Company” shall refer to the publisher, Caprizant Games, in addition to the creator, Wraith.
“Licensee” shall mean the individual or entity that downloads and uses the Software.
“Software” shall mean TinkerQuarry, the software provided pursuant to this EULA.
2. Grant of License
Software Product License. Subject to the terms of this EULA, Company hereby grants to Licensee a royalty-free, non-exclusive license to possess and to use a copy of the Software. Software is being distributed by the publisher Caprizant Games. Licensee is not allowed to make a charge for distributing this Software, either for profit or merely to recover media and distribution costs.
3. Description of Rights and Limitations
Limitations. Licensee may not reverse engineer, decompile, or disassemble Software, except and only to the extent that such activity is expressly permitted by applicable law or Company permission.
Update and Maintenance. Company shall provide updates and maintenance on an as needed basis or when applicable.
Separation of Components. Software is licensed as a single product. Its components may not be separated for use on more than one computer. Separation and redistribution of any of the assets present in this Software is considered illegal and may yield a user Steam copyright infringement report, legal action regarding copyrighted property, or both.
4. Intellectual Property. All rights, title, interest, and copyrights in and to the Software, including but not limited to all images, photographs, animations, video, audio, music, text, data, computer code, algorithms, and information, are owned by Company. The Software is protected by all applicable copyright laws and international treaties. Therefore, Licensee is required to treat Software like any other copyrighted material, except as otherwise provided for in this EULA.
5. Non-Support. Company has no obligation to Software support, or to continue providing or updating any of the Software.
6. Terms of Agreement. This EULA is effective until:
Automatically terminated if Licensee fails to comply with any of the terms and conditions set forth in this EULA; or
Terminated by Company.
Company may term terminate this EULA immediately upon written notice, including e-mail, to Licensee, with or without cause.
7. Integration. Both parties agree that this EULA is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements and communications relating to the subject matter of this EULA.
8. Jurisdiction. This EULA shall be deemed to have been made in, and shall be construed pursuant to the laws of the State of Delaware, without regard to conflicts of laws provisions thereof. Any legal action or proceeding relating to this EULA shall be brought exclusively in courts located in Canterbury, Delaware, and each party consents to the jurisdiction thereof. The prevailing party in any action to enforce this EULA shall be entitled to recover costs and expenses including, without limitation, attorneys’ fees. This EULA is made within the exclusive jurisdiction of the United States, and its jurisdiction shall supersede any other jurisdiction of either party’s election.
9. Severability. No failure to exercise, and no delay in exercising, on the part of either party, any privilege, any power or any rights hereunder will operate as a waiver thereof, nor will any single or partial exercise of any right or power hereunder preclude further exercise of any other right hereunder. If any provision of this EULA shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this EULA shall otherwise remain in full force and effect and enforceable.
10. Warranty Disclaimer. Company, and author of Software, hereby expressly disclaim any warranty for the Software. Software and any related documentation is provided “as is” without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchant ability, fitness for a particular purpose, or non-infringement. Licensee accepts any and all risk arising out of use or performance of Software.
11. Limited Liability. Company shall not be liable to Licensee, or any other person or entity claiming through Licensee any loss of profits, income, savings, or any other consequential, incidental, special, punitive, direct or indirect damage, whether arising in contract, tort, warranty, or otherwise. Even if Company has been advised of the possibility of such damages. These limitations shall apply regardless of the essential purpose of any limited remedy. Under no circumstances shall Company’s aggregate liability to Licensee, or any other person or entity claiming through Licensee, exceed the financial amount actually paid by Licensee to Company for the Software.
13. Entire Agreement. This Agreement constitutes the entire agreement between Company and Licensee and supersedes all prior understandings of Company and Licensee, including any prior representation, statement, condition, or warranty.