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SOS Atlas End User License Agreement:
END USER LICENSE AGREEMENT
Created June 5, 2018
IMPORTANT PLEASE READ CAREFULLY
PLEASE READ THE FOLLOWING ENDER USER LICENSE AGREEMENT (“AGREEMENT”) BEFORE INSTALING SOS ATLAS (THE, “GAME”). BY INSTALLING, COPYING, AND/OR OTHERWISE USING THE GAME, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT AS SET FORTH BY THIRD GATE STUDIOS, LLC (“THIRD GATE”). IF YOU AGREE TO THE TERMS SET FORTH IN THIS AGREEMENT, SELECT “YES” TO ACCEPT THE TERMS OF THIS LICENSE. BY INSTALLING THE GAME, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.
1. Limited License. The GAME is licensed, not sold. Subject to your agreement to and continued compliance with the terms and conditions of this AGREEMENT, THIRD GATE herby grants to you a limited, revocable, non-exclusive, nontransferable, personal license to install and use one (1) copy of the GAME on one (1) computer hard drive at any given time solely for your personal use (the “License”). The License does not give you any title or ownership of the GAME, and should not be construed as a sale or transfer of any intellectual property or other rights to the GAME.
2. License conditions and Restrictions. You may create and make publicly available so called “Let’s Play Videos” containing the images and the sounds of the GAME through the social media channels such as Twitch.tv, YouTube.com and Mixer.co, whether monetized or not.
The foregoing license does not permit you to do any of the following, and you agree that the violation of any of the following License limitations will constitute an infringement of THIRD GATES’ copyright:
a. You may not sell, license or transfer the GAME or any reproductions or modifications thereof, to any person or entity; b. You may not modify the GAME; c. You may not, or allow or authorize others, to copy, translate, reverse engineer, derive source code from, modify, disassemble, decompile, reverse-engineer, or create derivative works based on the GAME; d. You may not develop, distribute, or use any third party program designed to impact the GAME experience, including without limitation software bots, cheats, hacks, or any other software designed to provide a player with an advantage; e. You may not exploit the GAME for any commercial purpose; f. You may not remove, disable, or circumvent any security protections or any technical measures that control access to the GAME g. You may not use the GAME in a way which is not in compliance with all applicable laws.
3. Term. This AGREEMENT is effective until terminated, and those provisions which by their nature should survive termination shall survive termination, including without limitation those provisions addressing license limitations, limitation of warranty, limitation of liability, indemnification and ownership. You may terminate this AGREEMENT at any time by permanently deleting all copies of the GAME and all related files from your computer.
4. Ownership. You agree that between you and THIRD GATE, THIRD GATE owns and shall continue to own all rights, titles, interest in and to the GAME, and intellectual property rights connected with the GAME and any and all copies thereof and all content therein. The GAME is protected by the copyright laws of the United States, international treaties and other laws. The GAME may contain materials licensed by third parties, and the licensors of those materials are third party beneficiaries of this AGREEMENT with the right to enforce their rights against you if you violate this AGREEMENT.
5. Game Updates and Patches. THIRD GATE may provide updates, patches and other modifications (collectively, “UPDATES”) to the GAME that must be installed for the user to continue to play the game properly or at all. THIRD GATE may update, patch or modify the GAME remotely and access the GAME residing on your machine for such purpose, and you hereby grant THIRD GATE the right to deploy and apply such UPDATES. All provisions of this AGREEMENT that refer to the GAME shall also include such UPDATES.
6. Collection of Information. THIRD GATE may collect information from you when you use the GAME. Such information includes your SteamID, computer configuration, gameplay behavior and progress, browser type, platform type and software usage. This information is gathered periodically to facilitate the provision of UPDATES, product support and other services related to the GAME. THIRD GATE may also monitor your information for purposes of identifying uses that violate License restrictions.
7. Limited Warranty. THE GAME AND CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND AVAILABILITY. THIS LIMITED WARRANTY IS IN ADDITION TO, AND DOES NOT AFFECT THOSE OF YOUR STATUTORY RIGHTS WHICH CANNOT BE EXCLUED OR LIMITED IN ANY WAY UNDER APPLICABLE LAW. THIRD GATE DOES NOT WARRANT THAT THE GAME OR YOUR ABILITY TO USE IT WILL BE UNINTERRUPTED OR ERROR-FREE. THIRD GATE WARRANTS THAT THE GAME WILL PROVIDE THE FEATURES AND FUNCTIONS GENERALLY DESCRIBED ON THE HOME PAGE ON SOSATLAS.COM AT THE TIME OF YOUR PURCHASE.
8. Limited Liability. IN NO EVENT SHALL THIRD GATE STUDIOS OR ITS CONTRACTORS BE LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING OUT OF OR RELATING TO THE GAME, INCLUDING WITHOUT LIMITATION, ANY LOSSES OR DAMAGES CONNECTED WITH OR CONSISTING OF LOST BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF GOODWILL, CONSOLE, COMPUTER FAILURES, USE OR MALFUNTION OF THE GAME, OR PERSONAL INJURIES ARISING OUR OF THE USE OF OR INABILITY TO USE THE GAME OR DEFECT IN OR CAUSED BY THE GAME EVEN IF THIRD GATE HAS BEEN ADVISED OF THE POSSIBILITES OF SUCH DAMAGES. IN NO EVENT SHALL THIRD GATE OR ITS LICENSORS BE LIABLE FOR SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES RESULTING FROM THE BREACH OF ANY EXPRESS OR IMPLIED WARRANTIES OR ANY OTHER TERMS OF THIS AGREEMENT. THIRD GATES TOTAL LIABILITY IN ALL CASES SHALL NOT EXCEED THE ACTUAL PRICE PAID FOR THE GAME.
9. Indemnification. YOU HEREBY AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THIRD GATE, ITS LICENSORS AND CONTRACTORS FROM AND AGAINST ANY CLAIM, LIABILITY, INJURY, DAMANGE, LOSS OR EXPENSE (INCLUDING REASONABLE ATTORNEYS’ FEES) INCURRED AS A RESULT OF, ARISING FROM, OR RELATING TO YOUR USE OF THE GAME, OR ANY BREACH BY YOU OF THE TERMS OF THIS AGREEMENT.
10. Remedies. You acknowledge that THIRD GATE may suffer irreparable damage if you breach any of the provisions governing license limitations or ownership. You therefore agree that if you do breach any of these provisions, in addition to provable damages and reasonable attorneys’ fees, THIRD GATE shall be entitled to enjoin such breach to take such actions as may be required, including seeking an injunction and other equitable remedies and specific performance, in addition to any other remedies available under the applicable law.
11. Dispute Resolution. Most concerns regarding this AGREEMENT or the GAME (“DISPUTES”) can be resolved by contacting THIRD GATE at contact@thirdgatestudios.com. Therefore, you agree to first attempt to negotiate any DISPUTE informally with THIRD GATE for at least sixty (60) days before initiating any court proceeding. Should the DISPUTE not be resolved by informal negotiations this AGREEMENT will be governed by, construed, and enforced in accordance with the laws of the State of California, as they are applied to agreements entered into and to be performed entirely within California, excluding only the California body of laws concerning conflicts of law. You agree, to the extent permitted by applicable law, to the exclusive jurisdiction of the state and federal courts located in Los Angeles County, California, including for any action seeking to compel arbitration or vacate an arbitral award, and consent to the personal jurisdiction of such courts.
With the exception of class actions, small claims court fillings, or actions for preliminary injunctive relief, any DISPUTE not settled through the informal process outlined above, will be resolved by binding arbitration in Los Angeles County, California. A party electing arbitration
shall initiate it through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The arbitrator, and not any federal, state, or local court or agency, will have the exclusive authority to resolve all DISPUTES. The arbitrator will be empowered to grant whatever relief would be available in a court under law or in equity, other than class relief. The arbitrators award will be written and binding, on the parted and may be entered as a judgement in any court of competent jurisdiction.
If you are an individual consumer using the GAME primarily for the personal reasons such as to view entertainment content and the claim is less that Ten Thousand U.S. Dollars ($10,000.00 USD) the arbitration shall be conducted, at the option of the part seeking relief, in-person, by telephone, online, or based solely on written submissions. If either party files a claim in state or federal court that is required by this AGREEMENT to have been brought to arbitration, then the other party will be entitled to such party’s reasonable attorneys’ fees incurred in successfully compelling arbitration.
All DISPUTES you bring against THIRD GATE must be resolved with this Dispute Resolution Section. All DISPUTES filed or brought contrary to this Dispute Resolution Section will be considered improperly filed. If you file a DISPUTE contrary to this Dispute Resolution Section, THIRD GATE may recover attorneys’ fees and costs up to One Thousand U.S. Dollars ($1,000.00 USD), provided that THIRD GATE notifies you in writing of the improperly filed DISPUTE and you fail to promptly withdraw the DISPUTE.
12. Changes to this Agreement. We may amend this AGREEMENT from time to time by posting a prominent notice on our website. Your continued use of the GAME after changes are posted means you agree to be legally bound by the AGREEMENT as updated and amended.
13. Severability. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, of this AGREEMENT to be unenforceable, the remainder of this AGREEMENT shall continue in full force and effect.
14. Contact Us. If you have any questions regarding this AGREEMENT, or want to give us feedback about it, please contact us at Contact@thirdgatestudios.com
Third Gate Studios, LLC
302 N Poli St.
Ojai, California
END USER LICENSE AGREEMENT
Created June 5, 2018
IMPORTANT PLEASE READ CAREFULLY
PLEASE READ THE FOLLOWING ENDER USER LICENSE AGREEMENT (“AGREEMENT”) BEFORE INSTALING SOS ATLAS (THE, “GAME”). BY INSTALLING, COPYING, AND/OR OTHERWISE USING THE GAME, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT AS SET FORTH BY THIRD GATE STUDIOS, LLC (“THIRD GATE”). IF YOU AGREE TO THE TERMS SET FORTH IN THIS AGREEMENT, SELECT “YES” TO ACCEPT THE TERMS OF THIS LICENSE. BY INSTALLING THE GAME, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.
1. Limited License. The GAME is licensed, not sold. Subject to your agreement to and continued compliance with the terms and conditions of this AGREEMENT, THIRD GATE herby grants to you a limited, revocable, non-exclusive, nontransferable, personal license to install and use one (1) copy of the GAME on one (1) computer hard drive at any given time solely for your personal use (the “License”). The License does not give you any title or ownership of the GAME, and should not be construed as a sale or transfer of any intellectual property or other rights to the GAME.
2. License conditions and Restrictions. You may create and make publicly available so called “Let’s Play Videos” containing the images and the sounds of the GAME through the social media channels such as Twitch.tv, YouTube.com and Mixer.co, whether monetized or not.
The foregoing license does not permit you to do any of the following, and you agree that the violation of any of the following License limitations will constitute an infringement of THIRD GATES’ copyright:
a. You may not sell, license or transfer the GAME or any reproductions or modifications thereof, to any person or entity; b. You may not modify the GAME; c. You may not, or allow or authorize others, to copy, translate, reverse engineer, derive source code from, modify, disassemble, decompile, reverse-engineer, or create derivative works based on the GAME; d. You may not develop, distribute, or use any third party program designed to impact the GAME experience, including without limitation software bots, cheats, hacks, or any other software designed to provide a player with an advantage; e. You may not exploit the GAME for any commercial purpose; f. You may not remove, disable, or circumvent any security protections or any technical measures that control access to the GAME g. You may not use the GAME in a way which is not in compliance with all applicable laws.
3. Term. This AGREEMENT is effective until terminated, and those provisions which by their nature should survive termination shall survive termination, including without limitation those provisions addressing license limitations, limitation of warranty, limitation of liability, indemnification and ownership. You may terminate this AGREEMENT at any time by permanently deleting all copies of the GAME and all related files from your computer.
4. Ownership. You agree that between you and THIRD GATE, THIRD GATE owns and shall continue to own all rights, titles, interest in and to the GAME, and intellectual property rights connected with the GAME and any and all copies thereof and all content therein. The GAME is protected by the copyright laws of the United States, international treaties and other laws. The GAME may contain materials licensed by third parties, and the licensors of those materials are third party beneficiaries of this AGREEMENT with the right to enforce their rights against you if you violate this AGREEMENT.
5. Game Updates and Patches. THIRD GATE may provide updates, patches and other modifications (collectively, “UPDATES”) to the GAME that must be installed for the user to continue to play the game properly or at all. THIRD GATE may update, patch or modify the GAME remotely and access the GAME residing on your machine for such purpose, and you hereby grant THIRD GATE the right to deploy and apply such UPDATES. All provisions of this AGREEMENT that refer to the GAME shall also include such UPDATES.
6. Collection of Information. THIRD GATE may collect information from you when you use the GAME. Such information includes your SteamID, computer configuration, gameplay behavior and progress, browser type, platform type and software usage. This information is gathered periodically to facilitate the provision of UPDATES, product support and other services related to the GAME. THIRD GATE may also monitor your information for purposes of identifying uses that violate License restrictions.
7. Limited Warranty. THE GAME AND CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND AVAILABILITY. THIS LIMITED WARRANTY IS IN ADDITION TO, AND DOES NOT AFFECT THOSE OF YOUR STATUTORY RIGHTS WHICH CANNOT BE EXCLUED OR LIMITED IN ANY WAY UNDER APPLICABLE LAW. THIRD GATE DOES NOT WARRANT THAT THE GAME OR YOUR ABILITY TO USE IT WILL BE UNINTERRUPTED OR ERROR-FREE. THIRD GATE WARRANTS THAT THE GAME WILL PROVIDE THE FEATURES AND FUNCTIONS GENERALLY DESCRIBED ON THE HOME PAGE ON SOSATLAS.COM AT THE TIME OF YOUR PURCHASE.
8. Limited Liability. IN NO EVENT SHALL THIRD GATE STUDIOS OR ITS CONTRACTORS BE LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING OUT OF OR RELATING TO THE GAME, INCLUDING WITHOUT LIMITATION, ANY LOSSES OR DAMAGES CONNECTED WITH OR CONSISTING OF LOST BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF GOODWILL, CONSOLE, COMPUTER FAILURES, USE OR MALFUNTION OF THE GAME, OR PERSONAL INJURIES ARISING OUR OF THE USE OF OR INABILITY TO USE THE GAME OR DEFECT IN OR CAUSED BY THE GAME EVEN IF THIRD GATE HAS BEEN ADVISED OF THE POSSIBILITES OF SUCH DAMAGES. IN NO EVENT SHALL THIRD GATE OR ITS LICENSORS BE LIABLE FOR SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES RESULTING FROM THE BREACH OF ANY EXPRESS OR IMPLIED WARRANTIES OR ANY OTHER TERMS OF THIS AGREEMENT. THIRD GATES TOTAL LIABILITY IN ALL CASES SHALL NOT EXCEED THE ACTUAL PRICE PAID FOR THE GAME.
9. Indemnification. YOU HEREBY AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THIRD GATE, ITS LICENSORS AND CONTRACTORS FROM AND AGAINST ANY CLAIM, LIABILITY, INJURY, DAMANGE, LOSS OR EXPENSE (INCLUDING REASONABLE ATTORNEYS’ FEES) INCURRED AS A RESULT OF, ARISING FROM, OR RELATING TO YOUR USE OF THE GAME, OR ANY BREACH BY YOU OF THE TERMS OF THIS AGREEMENT.
10. Remedies. You acknowledge that THIRD GATE may suffer irreparable damage if you breach any of the provisions governing license limitations or ownership. You therefore agree that if you do breach any of these provisions, in addition to provable damages and reasonable attorneys’ fees, THIRD GATE shall be entitled to enjoin such breach to take such actions as may be required, including seeking an injunction and other equitable remedies and specific performance, in addition to any other remedies available under the applicable law.
11. Dispute Resolution. Most concerns regarding this AGREEMENT or the GAME (“DISPUTES”) can be resolved by contacting THIRD GATE at contact@thirdgatestudios.com. Therefore, you agree to first attempt to negotiate any DISPUTE informally with THIRD GATE for at least sixty (60) days before initiating any court proceeding. Should the DISPUTE not be resolved by informal negotiations this AGREEMENT will be governed by, construed, and enforced in accordance with the laws of the State of California, as they are applied to agreements entered into and to be performed entirely within California, excluding only the California body of laws concerning conflicts of law. You agree, to the extent permitted by applicable law, to the exclusive jurisdiction of the state and federal courts located in Los Angeles County, California, including for any action seeking to compel arbitration or vacate an arbitral award, and consent to the personal jurisdiction of such courts.
With the exception of class actions, small claims court fillings, or actions for preliminary injunctive relief, any DISPUTE not settled through the informal process outlined above, will be resolved by binding arbitration in Los Angeles County, California. A party electing arbitration
shall initiate it through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The arbitrator, and not any federal, state, or local court or agency, will have the exclusive authority to resolve all DISPUTES. The arbitrator will be empowered to grant whatever relief would be available in a court under law or in equity, other than class relief. The arbitrators award will be written and binding, on the parted and may be entered as a judgement in any court of competent jurisdiction.
If you are an individual consumer using the GAME primarily for the personal reasons such as to view entertainment content and the claim is less that Ten Thousand U.S. Dollars ($10,000.00 USD) the arbitration shall be conducted, at the option of the part seeking relief, in-person, by telephone, online, or based solely on written submissions. If either party files a claim in state or federal court that is required by this AGREEMENT to have been brought to arbitration, then the other party will be entitled to such party’s reasonable attorneys’ fees incurred in successfully compelling arbitration.
All DISPUTES you bring against THIRD GATE must be resolved with this Dispute Resolution Section. All DISPUTES filed or brought contrary to this Dispute Resolution Section will be considered improperly filed. If you file a DISPUTE contrary to this Dispute Resolution Section, THIRD GATE may recover attorneys’ fees and costs up to One Thousand U.S. Dollars ($1,000.00 USD), provided that THIRD GATE notifies you in writing of the improperly filed DISPUTE and you fail to promptly withdraw the DISPUTE.
12. Changes to this Agreement. We may amend this AGREEMENT from time to time by posting a prominent notice on our website. Your continued use of the GAME after changes are posted means you agree to be legally bound by the AGREEMENT as updated and amended.
13. Severability. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, of this AGREEMENT to be unenforceable, the remainder of this AGREEMENT shall continue in full force and effect.
14. Contact Us. If you have any questions regarding this AGREEMENT, or want to give us feedback about it, please contact us at Contact@thirdgatestudios.com
Third Gate Studios, LLC
302 N Poli St.
Ojai, California