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This End User License Agreement (hereafter known as “EULA") describes the terms and conditions by which Anthony Paul Hamilton, Independant Game Developer of POW Games (hereafter referred to as "The Developer"), will grant you, the end user (hereafter referred to as “You”) to use the computer game PowBall Renaissance (hereafter referred to as “The Software”). Special terms exist for the demo version; PowBall Renaissance Demo (hereafter referred to as “The Demo Version”), which override the terms given to The Software, otherwise all terms given to The Software also apply to The Demo Version.
The Software is solely for personal non-commercial entertainment use. No use, reproduction, distribution, or copies of The Software is authorised except in compliance with the terms and conditions set forth below. Please contact The Developer to request permissions beyond those granted in this EULA. Contact information can be found at distribution source and within The Software.
The Software is protected by copyright laws in the United Kingdom, as well as in other countries pursuant to international treaties. The Developer is the exclusive owner of The Software, the copyrights, and other proprietary rights therein. The Software is not public domain, open source, free, freeware, or shareware. Only The Demo Version is free to download and play. The Developer denies distribution of The Software in accordance with the provisions of this EULA. Any use, copying, or distribution of The Software, or of any copies or elements thereof, that is not in compliance with the terms and conditions of this EULA are prohibited.
The Developer does not authorise distribution or copying of The Software except for the following general terms and conditions:
1. The Developer shall be credited as the owner of The Software in all copies of The Software, which shall include, without limitation, packaging, documentation, reviews, descriptions, advertising, promotion and public relations.
2. Once You purchase The Software from an authorised distributor, You may keep The Software in its original unaltered form for backup or playing purposes only. You may not store or distribute The Software in any other way. You may not modify The Software or any of its files. You may not change, delete, merge or rename any files or elements of The Software in any manner, and you may not add any files to directory structure of The Software.
3. You may not deconstruct, disassemble, reverse engineer, adapt, or create derivative works of The Software or any files or elements thereof except with The Developer's prior express written permission.
4. You may not remove or alter any copyright or trademark information from The Software, and you must take reasonable steps to protect the copyrights, trademarks and other rights of The Developer in The Software.
5. You may not "rent" or "lease" The Software to anyone.
6. Any permission, consent or approval of The Developer referred to herein may be granted or withheld in The Developer's sole discretion.
7. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY: THE SOFTWARE IS PROVIDED "AS IS". THE DEVELOPER MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SOFTWARE OR ANY FILES, DOCUMENTATION OR ELEMENTS THEREOF OR RELATING HERETO OR ANY MEDIUM THE SOFTWARE MAY BE ON (INCLUDING, WITHOUT IMITATION, ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE OR OF QUALITY OR PERFORMANCE). SUBJECT TO ANY CONTRARY PROVISIONS OF APPLICABLE LAW, IN NO EVENT WILL THE DEVELOPER BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM THE USE OF OR INABILITY TO USE THE SOFTWARE OR ANY FILES, DOCUMENTATION OR ELEMENTS THEREOF, INCLUDING FROM NEGLIGENCE, STRICT LIABILITY, OR BREACH OF WARRANTY OR CONTRACT, EVEN IF THE DEVELOPER IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN PARTICULAR, THE DEVELOPER IS NOT RESPONSIBLE FOR ANY COSTS OR EXPENSES, INCLUDING BUT NOT LIMITED TO THOSE INCURRED AS A RESULT OF LOST PROFITS OR REVENUE, LOSS OF USE OF COMPUTER SOFTWARE, LOSS OF DATA, THE COST OF A SUBSTITUTE SOFTWARE, OR CLAIMS BY THIRD PARTIES. IN NO EVENT SHALL THE LIABILITY OF THE DEVELOPER FOR ANY DAMAGES EVER EXCEED THE PRICE PAID FOR THE LICENSE TO USE THE SOFTWARE, REGARDLESS OF THE FORM OF CLAIM. THE USER OF THE SOFTWARE BEARS ALL RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE AND ALL OTHER RISKS RELATING TO THE USE OF OR INABILITY TO USE THE SOFTWARE. BECAUSE SOFTWARE IS INHERENTLY COMPLEX AND MAY NOT BE COMPLETELY FREE OF ERRORS, YOU ARE ADVISED TO VERIFY THEIR WORK AND TO MAKE BACKUP COPIES.
8. This EULA shall be governed by and construed in accordance with the internal laws of the United Kingdom applicable to agreements entered into and wholly to be performed therein, without reference to conflicts of laws. It shall inure to the benefit of The Developer and its successors and assigns. With respect to every matter arising under this EULA, you consent to the jurisdiction and venue of the courts located in the United Kingdom, and to service by registered mail, return receipt requested, or as otherwise permitted by law.
9. The Developer reserves the right to update the contents of The Software and/or its associated files, documentation and/or other elements, at its discretion from time to time, without the consent of, or any obligation to, any licensed users or distributors.
10. The Developer reserves all rights not expressly granted herein.
11. In the event of any violation of this EULA or failure to comply with any of the terms and conditions set forth herein, or any other violation or infringement of any of The Developer's rights, The Developer shall have available all rights and remedies at law and in equity. Without limiting the foregoing, in the event of any such violation or failure to comply, then in addition to its other rights and remedies, if The Developer so elects The Developer shall have the right to seek damages of not less than the price of The Software by way of illustration and not limitation, if the fee for The Software is £50.00 and distribution to 1,000 persons was made in violation of this EULA, then if The Developer so elects, The Developer shall have the right to seek damages of not less than £50,000 under the provisions of this paragraph, in addition to its other rights and remedies at law or in equity.
12. You will hold The Developer, its officers, directors, employees, contractors, attorneys, and agents, harmless from and against any and all claims, actions, damages, losses, liabilities, costs and expenses (including reasonable attorney's fees) arising directly or indirectly from your acts and omissions in copying and distributing The Software (including without limitation from any installation routine that you may add).
13. If any provision of this EULA is held to be void, invalid or unenforceable, it will not affect the validity of the balance of this EULA, which shall remain valid and enforceable according to its terms and conditions.
14. Failure to read and understand this EULA in no way reduces the legal rights of The Developer.
The Software is solely for personal non-commercial entertainment use. No use, reproduction, distribution, or copies of The Software is authorised except in compliance with the terms and conditions set forth below. Please contact The Developer to request permissions beyond those granted in this EULA. Contact information can be found at distribution source and within The Software.
The Software is protected by copyright laws in the United Kingdom, as well as in other countries pursuant to international treaties. The Developer is the exclusive owner of The Software, the copyrights, and other proprietary rights therein. The Software is not public domain, open source, free, freeware, or shareware. Only The Demo Version is free to download and play. The Developer denies distribution of The Software in accordance with the provisions of this EULA. Any use, copying, or distribution of The Software, or of any copies or elements thereof, that is not in compliance with the terms and conditions of this EULA are prohibited.
The Developer does not authorise distribution or copying of The Software except for the following general terms and conditions:
1. The Developer shall be credited as the owner of The Software in all copies of The Software, which shall include, without limitation, packaging, documentation, reviews, descriptions, advertising, promotion and public relations.
2. Once You purchase The Software from an authorised distributor, You may keep The Software in its original unaltered form for backup or playing purposes only. You may not store or distribute The Software in any other way. You may not modify The Software or any of its files. You may not change, delete, merge or rename any files or elements of The Software in any manner, and you may not add any files to directory structure of The Software.
3. You may not deconstruct, disassemble, reverse engineer, adapt, or create derivative works of The Software or any files or elements thereof except with The Developer's prior express written permission.
4. You may not remove or alter any copyright or trademark information from The Software, and you must take reasonable steps to protect the copyrights, trademarks and other rights of The Developer in The Software.
5. You may not "rent" or "lease" The Software to anyone.
6. Any permission, consent or approval of The Developer referred to herein may be granted or withheld in The Developer's sole discretion.
7. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY: THE SOFTWARE IS PROVIDED "AS IS". THE DEVELOPER MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SOFTWARE OR ANY FILES, DOCUMENTATION OR ELEMENTS THEREOF OR RELATING HERETO OR ANY MEDIUM THE SOFTWARE MAY BE ON (INCLUDING, WITHOUT IMITATION, ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE OR OF QUALITY OR PERFORMANCE). SUBJECT TO ANY CONTRARY PROVISIONS OF APPLICABLE LAW, IN NO EVENT WILL THE DEVELOPER BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM THE USE OF OR INABILITY TO USE THE SOFTWARE OR ANY FILES, DOCUMENTATION OR ELEMENTS THEREOF, INCLUDING FROM NEGLIGENCE, STRICT LIABILITY, OR BREACH OF WARRANTY OR CONTRACT, EVEN IF THE DEVELOPER IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN PARTICULAR, THE DEVELOPER IS NOT RESPONSIBLE FOR ANY COSTS OR EXPENSES, INCLUDING BUT NOT LIMITED TO THOSE INCURRED AS A RESULT OF LOST PROFITS OR REVENUE, LOSS OF USE OF COMPUTER SOFTWARE, LOSS OF DATA, THE COST OF A SUBSTITUTE SOFTWARE, OR CLAIMS BY THIRD PARTIES. IN NO EVENT SHALL THE LIABILITY OF THE DEVELOPER FOR ANY DAMAGES EVER EXCEED THE PRICE PAID FOR THE LICENSE TO USE THE SOFTWARE, REGARDLESS OF THE FORM OF CLAIM. THE USER OF THE SOFTWARE BEARS ALL RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE AND ALL OTHER RISKS RELATING TO THE USE OF OR INABILITY TO USE THE SOFTWARE. BECAUSE SOFTWARE IS INHERENTLY COMPLEX AND MAY NOT BE COMPLETELY FREE OF ERRORS, YOU ARE ADVISED TO VERIFY THEIR WORK AND TO MAKE BACKUP COPIES.
8. This EULA shall be governed by and construed in accordance with the internal laws of the United Kingdom applicable to agreements entered into and wholly to be performed therein, without reference to conflicts of laws. It shall inure to the benefit of The Developer and its successors and assigns. With respect to every matter arising under this EULA, you consent to the jurisdiction and venue of the courts located in the United Kingdom, and to service by registered mail, return receipt requested, or as otherwise permitted by law.
9. The Developer reserves the right to update the contents of The Software and/or its associated files, documentation and/or other elements, at its discretion from time to time, without the consent of, or any obligation to, any licensed users or distributors.
10. The Developer reserves all rights not expressly granted herein.
11. In the event of any violation of this EULA or failure to comply with any of the terms and conditions set forth herein, or any other violation or infringement of any of The Developer's rights, The Developer shall have available all rights and remedies at law and in equity. Without limiting the foregoing, in the event of any such violation or failure to comply, then in addition to its other rights and remedies, if The Developer so elects The Developer shall have the right to seek damages of not less than the price of The Software by way of illustration and not limitation, if the fee for The Software is £50.00 and distribution to 1,000 persons was made in violation of this EULA, then if The Developer so elects, The Developer shall have the right to seek damages of not less than £50,000 under the provisions of this paragraph, in addition to its other rights and remedies at law or in equity.
12. You will hold The Developer, its officers, directors, employees, contractors, attorneys, and agents, harmless from and against any and all claims, actions, damages, losses, liabilities, costs and expenses (including reasonable attorney's fees) arising directly or indirectly from your acts and omissions in copying and distributing The Software (including without limitation from any installation routine that you may add).
13. If any provision of this EULA is held to be void, invalid or unenforceable, it will not affect the validity of the balance of this EULA, which shall remain valid and enforceable according to its terms and conditions.
14. Failure to read and understand this EULA in no way reduces the legal rights of The Developer.