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END USER LICENSE AGREEMENT
THIS SOFTWARE IS LICENSED, NOT SOLD. XR Studio, LLC (“XR Studio” or "We") reserves all
rights not expressly granted to you. The product that is subject to this license is referred to in this
license as the "Game Software."
If you have any questions about this agreement, you can reach XR Studio, PO Box 2571, Lake
Ozark, MO 65049, Legal Department.
This is a legal agreement between you and XR Studio. Please review this End User License
Agreement ("Agreement") carefully before installing, accessing or utilizing the game you have just
purchased ("GAME SOFTWARE") and please inquire about anything you do not understand. If you
are not eighteen (18) years of age, have your parents review this Agreement. By installing, copying
and/or otherwise using the Game Software you are signifying your acknowledgement, acceptance
and agreement to this Agreement.
IMPORTANT - READ CAREFULLY: BY INSTALLING, COPYING AND/OR OTHERWISE USING
THIS GAME SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT
AND THE TERMS SET FORTH BELOW. THE "GAME SOFTWARE" INCLUDES ALL SOFTWARE
INCLUDED WITH THE VIDEO GAME, THE ASSOCIATED MEDIA, ANY UPDATES AND
UPGRADES THAT REPLACE OR SUPPLEMENT THE SOFTWARE THAT ARE NOT
DISTRIBUTED WITH A SEPARATE LICENSE, THE ASSOCIATED MEDIA, ANY SOFTWARE
ASSOCIATED WITH THE ONLINE MODE OF THE VIDEO GAME, ANY PRINTED MATERIALS,
ANY ONLINE OR ELECTRONIC DOCUMENTATION, AND ANY AND ALL COPIES OF SUCH
SOFTWARE AND MATERIALS. THE AGREEMENT, AS AMENDED FROM TIME TO TIME AND
PUBLISHED ON OUR WEBSITE, INCORPORATES THE XR STUDIO PRIVACY POLICY
(PUBLISHED ON OUR WEBSITE). BY OPENING THE GAME SOFTWARE, INSTALLING, AND/OR
USING THE GAME SOFTWARE AND ANY OTHER MATERIALS INCLUDED WITH THE GAME
SOFTWARE, AND ANY UPDATES AND UPGRADES THERETO, YOU HEREBY ACCEPT THE
TERMS OF THIS AGREEMENT WITH XR STUDIO. THE AGREEMENT APPLIES TO ALL USERS
OF THE GAME SOFTWARE, INCLUDING USERS WHO ARE ALSO CONTRIBUTORS OF
CONTENT, INFORMATION, AND OTHER MATERIALS OR SOFTWARE. IF YOU DO NOT AGREE
TO THE TERMS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO INSTALL, COPY OR
OTHERWISE USE THE GAME SOFTWARE. YOUR REMEDY FOR DISSATISFACTION WITH THE
GAME SOFTWARE OR ANY PRODUCTS, CONTENT, OR OTHER INFORMATION MADE
AVAILABLE BY OR THROUGH XR STUDIO, IS TO STOP USING THE GAME SOFTWARE. YOUR
AGREEMENT WITH XR STUDIO REGARDING COMPLIANCE WITH THE AGREEMENT
BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THE GAME
SOFTWARE. IF YOU DO NOT AGREE TO THE TERMS SET FORTH IN THIS AGREEMENT, DO
NOT DOWNLOAD OR USE THE GAME SOFTWARE, AND XR STUDIO SHALL NOT GRANT TO
YOU THE LICENSE TO INSTALL AND USE THE GAME SOFTWARE.
1. USER'S ACKNOWLEDGMENT AND ACCEPTANCE OF
TERMS
The Game Software is offered subject to your compliance with all of the terms and conditions
contained herein and all other operating rules, policies and procedures. In addition, some
applications offered through or in connection with the Game Software may be subject to additional
terms and conditions promulgated by XR Studio from time to time. Any material modifications to the
Agreement will also be brought to your attention by posting on our website. Such material
modifications will be effective immediately, and will apply to disputes arising under the Agreement
from the date of posting forward. Your continued use of the Game Software after a modification has
been made to the Agreement constitutes your acceptance of such modification.
2. LIMITED USE LICENSE
Subject to your compliance with the terms and conditions of the Agreement, XR Studio hereby
grants you a non-exclusive, non-transferable, limited right and license to install and use one (1) copy
of the Game Software solely and exclusively for your personal and non-commercial use. This
Agreement shall also apply to any patches or updates you may obtain for the Software. IN
ACCORDANCE WITH AND NOT INTENDING TO LIMIT ANY OF THE PROVISIONS OR
PROTECTIONS SET FORTH HEREIN, DUPLICATION, COPYING OR ANY FORM OF
REPRODUCTION OF THE GAME SOFTWARE OR RELATED INFORMATION, MATERIALS OR
OTHER CONTENT TO ANY OTHER SERVER OR LOCATION FOR THE PURPOSES OF
DUPLICATION, COPYING OR ANY OTHER FORM OF REPRODUCTION IS EXPRESSLY AND
EXPLICITLY PROHIBITED. This license does not give you any title or ownership in the Game
Software, and should not be construed as a sale or transfer of any intellectual property rights to the
Game Software. All rights not specifically granted under this Agreement are hereby reserved by XR
Studio and, as applicable, by its licensors.
3. NO RIGHT TO OWNERSHIP
YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER
PROPERTY INTEREST IN THE GAME SOFTWARE, AND YOU FURTHER ACKNOWLEDGE AND
AGREE THAT ALL SUCH RIGHTS ARE AND SHALL FOREVER BE OWNED BY AND INURE TO
THE BENEFIT OF XR STUDIO. Except as expressly licensed to you herein, all right, title, and
interest in and to the Game Software and any and all associated copyrights, trademarks and
intellectual properties therein and/or related thereto and all copies thereof (including, but not limited
to, any patches, updates, copies, derivative works, titles, computer code, themes, objects,
characters, character names, stories, dialogs, catch phrases, locations, concepts, artwork, images,
animation, sounds, musical compositions, audio-visual effects, text, methods of operation, moral
rights, "applets" incorporated into the Game Software, and any related documentation) are owned by
XR Studio or XR Studio's licensors.
The Game Software is protected by the copyright laws of the United States, international copyright
treaties and conventions, and other laws. All rights are reserved. The Game Software contains
certain licensed materials, and XR Studio and XR Studio's licensors may protect their rights in the
event of any violation of this Agreement.
4. NO SALE OR ASSIGNMENT
XR STudio does not recognize the transfer of the Game Software. Therefore, you may not give,
purchase, sell, bargain, barter, market, trade, offer for sale, sell, license, assign or otherwise divest
your rights, responsibilities or obligations under the Agreement, either in whole or in part, without the
prior written consent of XR Studio. Any attempt to do so shall be void and of no effect.
LICENSE CONDITIONS
You agree to only use the Game Software, or any part of it, in a manner that is consistent with this
Agreement, and you SHALL NOT:
(a) exploit the Game Software or any of its parts commercially, including, but not limited to, at a
cyber (Internet) café, computer gaming center or any other location-based site;
(b) use the Game Software or permit the use of the Game Software, on more than one computer,
game console, mobile device, handheld device or PDA at the same time;
(c) use the Game Software, or permit use of the Game Software, or make the Game Software
available for use in a network, multi-user arrangement, remote access arrangement, including where
it could be downloaded by multiple users;
(d) sell, rent, lease, license, distribute or otherwise transfer this Game Software or any copies;
(e) reverse engineer, derive source code, modify, decompile, disassemble, copy, or create derivative
works of the Game Software, in whole or in part (except as the applicable law expressly permits, in
which case all and any modifications, adaptations, copies, improvements, etc. shall belong to, vest in
and be the exclusive property of XR Studio and/or its licensors on creation, in any event);
(f) remove, disable or circumvent any security protections, proprietary notices or labels contained on
or within the Game Software;
(g) export or re-export the Game Software or any copy or adaptation in violation of any applicable
laws or regulations;
(h) create data or executable programs which mimic data or functionality in the Game Software
unless provided for in Section 5(i) below; or
(i) use the part of the Game Software which allows you to construct new variations ("Editor") to
create new levels which
(i) can be used otherwise in connection with the Game Software;
(ii) to modify any executable file;
(iii) to product any libelous, defamatory or other illegal material or material that is scandalous or
invades the rights of privacy or publicity of a third party;
(iv) to use the trademarks, copyright or intellectual property rights of any third party;
(v) are then commercially exploited by you (through pay-per-play or timesharing services or
otherwise). For the avoidance of doubt you are solely liable and responsible for any claims by a third
party resulting from your use of the Editor.
Furthermore, you agree that you shall abide by the safety information, maintenance instructions or
other relevant notices contained in the manual or other documentation accompanying the Game
Software.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOU EXPRESSLY
AGREE THAT THE USE OF THE GAME SOFTWARE IS AT YOUR SOLE RISK AND THAT THE
ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS
WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL MATERIALS
AND GAME SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITH
ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND XR STUDIO HEREBY DISCLAIMS
ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE GAME SOFTWARE, 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 GAME SOFTWARE WILL MEET YOUR REQUIREMENTS, (B) THE GAME SOFTWARE WILL
BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE GAME SOFTWARE WILL
BE INTEROPERABLE OR COMPATIBLE WITH OTHER SOFTWARE, OR (D) THE RESULTS
THAT MAY BE OBTAINED FROM THE USE OF THE GAME SOFTWARE WILL BE EFFECTIVE,
ACCURATE OR RELIABLE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY XR
STUDIO OR ITS AUTHORIZED REPRESENTATIVE(S) SHALL CREATE A WARRANTY. AT SOME
POINT IN THE FUTURE THE GAME SOFTWARE MAY GO OUT OF DATE, AND XR STUDIO
MAKES NO COMMITMENT TO UPDATE SUCH GAME SOFTWARE. THE DISCLAIMERS OF
LIABILITY CONTAINED IN THIS SECTION APPLY TO ANY DAMAGES OR INJURY CAUSED BY
ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT,
DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE
FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR
USE OF THE GAME SOFTWARE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS
BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. THE USE OF THE
GAME SOFTWARE OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS
THROUGH OR IN CONNECTION WITH THE GAME SOFTWARE IS DONE AT YOUR OWN
DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT
RESULTS FROM SUCH ACTIVITIES.
XR STUDIO MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE
INFORMATION CONTAINED IN THE GAME SOFTWARE, INFORMATION AND/OR RELATED
GRAPHICS PUBLISHED AS PART OF THE GAME SOFTWARE FOR ANY PURPOSE. THE GAME
SOFTWARE, INFORMATION AND RELATED GRAPHICS PUBLISHED AS PART OF THE GAME
SOFTWARE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. You
understand and agree that temporary interruptions of the Game Software may occur as normal
events. You further understand and agree that we have no control over third party networks you may
access in the course of the use of the Game Software, and therefore, delays and disruption of other
network transmissions are completely beyond XR Studio's control. YOU ACKNOWLEDGE AND
AGREE THAT YOUR EXCLUSIVE REMEDY FOR ANY DISPUTE WITH XR STUDIO IS TO STOP
USING THE GAME SOFTWARE. IN NO CASE SHALL ANY LIABILITY OF XR STUDIO TO YOU
EXCEED THE AMOUNT THAT YOU PAID TO XR STUDIO OR ITS AFFILIATES AND/OR
DESIGNEES FOR THE APPLICABLE GAME SOFTWARE GIVING RISE TO ANY SUCH
LIABILITY. IN NO EVENT SHALL XR STUDIO OR ITS AFFILIATES BE LIABLE TO YOU OR ANY
THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL
DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT
LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR
NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY
THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE GAME
SOFTWARE, INCLUDING DAMAGES TO PROPERTY, LOSS OF GOODWILL, COMPUTER
FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR
PERSONAL INJURIES, EVEN IF XR STUDIO HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF XR STUDIO AND THE
XR STUDIO PARTIES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
7. INDEMNIFICATION
Upon a request by XR Studio, you agree to defend, indemnify, and hold XR Studio and its affiliates
harmless from all liabilities, claims, losses, costs and expenses, including attorney's fees, that arise
from (a) your use of, or activities in connection with the Game Software; (b) any violation of the
Agreement by you; or (c) any allegation that any content that you make available via the Game
Software infringes or otherwise violates the copyright, trademark, trade secret, privacy or other
intellectual property or other rights of any third party. XR Studio reserves the right, at its own
expense, to assume the exclusive defense and control of any matter otherwise subject to
indemnification by you, in which event you will cooperate with XR Studio in asserting any available
defenses.
8. E-MAIL, MESSAGING, BLOGGING AND CHAT
XR Studio may make email, messaging, blogging, or chat (collectively, "Communication Software")
available through the Game Software, either directly or through a third-party provider. XR Studio is
not responsible for communications made by other users via the Communication Software. We are
not responsible for communications made by you via the Communication Software. You
acknowledge and agree that your communications made via the Communication Software are public
and not private communications and that you have no expectation of privacy concerning your use of
the Communication Software. You acknowledge and agree that personal information that you
communicate via the Communication Software may be seen and used by others and may result in
widespread distribution of such information. We strongly encourage you not to disclose any personal
information in your public communications via the Communication Software unless you wish such
information to be made permanently available to the public.
9. INTERNATIONAL USE
Although the Game Software may be accessible worldwide, we make no representation that the
Game Software or related materials are appropriate or available for use in locations outside the
United States, and accessing them from territories where the content is illegal is prohibited. Those
who choose to access the Game Software from other locations do so on their own initiative and are
responsible for compliance with local laws, if and to the extent local laws are applicable. Any offer
and/or information made in connection with the Game Software is void where prohibited. Without
limiting the foregoing, the Game Software may not be exported or re-exported (a) into (or to a
national resident of) any U.S. embargoed countries or (b) to anyone on the U.S. Treasury
Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied
Person's List or Entity List. By accessing and using the Game Software, you represent and warrant
that you are not located in, under control of, or a national resident of any such country or on any
such list.
10. TERMINATION AND SURVIVABILITY OF TERMS
The Agreement set forth herein continue to remain in full force and effect until such time as
terminated by either party. You agree and acknowledge that you are not entitled to any refund for
any amounts which were paid to XR Studio prior to any termination. You retain full discretion to end
or terminate your account, if applicable, and discontinue use of the Game Software at any time,
pursuant to the terms of this Agreement. Without prejudice to any other rights of XR Studio, this
Agreement shall terminate automatically if you fail to comply with its terms and conditions. Upon
termination, you must destroy all copies of the Game Software. The provisions of Sections 3, 4, 6, 7,
8, 10, 11 and 12 shall survive any termination of this Agreement.
11. INJUNCTION
Because XR Studio would be irreparably damaged if the terms of this Agreement were not
specifically enforced, you agree that XR Studio shall be entitled, without bond or other security or
proof of damages, to take such action as may be required, including seeking an injunction and other
equitable remedies, in addition to any other remedies available to it under the applicable law.
12. MISCELLANEOUS
This Agreement represents the complete agreement between you and XR Studio concerning the
Game Software and supersedes all prior agreements and representations, warranties or
understandings between you and XR Studio (whether negligently or innocently made but excluding
those made fraudulently), regarding the same subject matter. XR Studio reserves the right to amend
this Agreement at any time, at its sole discretion. If any part of the Agreement is determined to be
invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty
disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be
deemed superseded by a valid, enforceable provision that most closely matches the intent of the
original provision and the remainder of the Agreement shall continue in effect. Any failure by us to
enforce or exercise any provision of the Agreement or related rights shall not constitute a waiver of
that right or provision.
XR Studio may assign this Agreement, in whole or in part, at any time. Notwithstanding, you may not
assign, transfer or sublicense any or all of your rights or obligations under the Agreement without XR
Studio's express prior written consent. XR Studio's performance of the Agreement is subject to
existing laws and legal process, and nothing contained in the Agreement is in derogation of XR
Studio's right to comply with governmental, court, and law enforcement requests or requirements
relating to your use of the Game Software or information provided to or gathered by XR Studio with
respect to such use. In addition to any excuse provided by applicable law, we shall be excused from
liability for non-delivery or delay in delivery of the Game Software arising from any event beyond our
reasonable control, whether or not foreseeable by either party, including but not limited to, labor
disturbance, war, terrorism, fire, denial of service attack, internet outages, accident, adverse
weather, inability to secure transportation, governmental act or regulation, and other causes or
events beyond our reasonable control, whether or not similar to those which are enumerated above.
The parties agree that all correspondence relating to this Agreement shall be written in the English
language.
This Agreement shall be construed under Missouri law as such law is applied to agreements
between Missouri residents entered into and to be performed within Missouri, except as governed by
federal law, and you consent to the exclusive jurisdiction of the state and federal courts in Jefferson
City, Missouri.
You may contact XR Studio at the following address:
XR Studio, LLC
PO Box 2571
Lake Ozark, MO 65049
I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING END
USER LICENSE AGREEMENT AND AGREE THAT MY USE OF THE GAME SOFTWARE IS AN
ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY THE END USER LICENSE
AGREEMENT.
THIS SOFTWARE IS LICENSED, NOT SOLD. XR Studio, LLC (“XR Studio” or "We") reserves all
rights not expressly granted to you. The product that is subject to this license is referred to in this
license as the "Game Software."
If you have any questions about this agreement, you can reach XR Studio, PO Box 2571, Lake
Ozark, MO 65049, Legal Department.
This is a legal agreement between you and XR Studio. Please review this End User License
Agreement ("Agreement") carefully before installing, accessing or utilizing the game you have just
purchased ("GAME SOFTWARE") and please inquire about anything you do not understand. If you
are not eighteen (18) years of age, have your parents review this Agreement. By installing, copying
and/or otherwise using the Game Software you are signifying your acknowledgement, acceptance
and agreement to this Agreement.
IMPORTANT - READ CAREFULLY: BY INSTALLING, COPYING AND/OR OTHERWISE USING
THIS GAME SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT
AND THE TERMS SET FORTH BELOW. THE "GAME SOFTWARE" INCLUDES ALL SOFTWARE
INCLUDED WITH THE VIDEO GAME, THE ASSOCIATED MEDIA, ANY UPDATES AND
UPGRADES THAT REPLACE OR SUPPLEMENT THE SOFTWARE THAT ARE NOT
DISTRIBUTED WITH A SEPARATE LICENSE, THE ASSOCIATED MEDIA, ANY SOFTWARE
ASSOCIATED WITH THE ONLINE MODE OF THE VIDEO GAME, ANY PRINTED MATERIALS,
ANY ONLINE OR ELECTRONIC DOCUMENTATION, AND ANY AND ALL COPIES OF SUCH
SOFTWARE AND MATERIALS. THE AGREEMENT, AS AMENDED FROM TIME TO TIME AND
PUBLISHED ON OUR WEBSITE, INCORPORATES THE XR STUDIO PRIVACY POLICY
(PUBLISHED ON OUR WEBSITE). BY OPENING THE GAME SOFTWARE, INSTALLING, AND/OR
USING THE GAME SOFTWARE AND ANY OTHER MATERIALS INCLUDED WITH THE GAME
SOFTWARE, AND ANY UPDATES AND UPGRADES THERETO, YOU HEREBY ACCEPT THE
TERMS OF THIS AGREEMENT WITH XR STUDIO. THE AGREEMENT APPLIES TO ALL USERS
OF THE GAME SOFTWARE, INCLUDING USERS WHO ARE ALSO CONTRIBUTORS OF
CONTENT, INFORMATION, AND OTHER MATERIALS OR SOFTWARE. IF YOU DO NOT AGREE
TO THE TERMS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO INSTALL, COPY OR
OTHERWISE USE THE GAME SOFTWARE. YOUR REMEDY FOR DISSATISFACTION WITH THE
GAME SOFTWARE OR ANY PRODUCTS, CONTENT, OR OTHER INFORMATION MADE
AVAILABLE BY OR THROUGH XR STUDIO, IS TO STOP USING THE GAME SOFTWARE. YOUR
AGREEMENT WITH XR STUDIO REGARDING COMPLIANCE WITH THE AGREEMENT
BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THE GAME
SOFTWARE. IF YOU DO NOT AGREE TO THE TERMS SET FORTH IN THIS AGREEMENT, DO
NOT DOWNLOAD OR USE THE GAME SOFTWARE, AND XR STUDIO SHALL NOT GRANT TO
YOU THE LICENSE TO INSTALL AND USE THE GAME SOFTWARE.
1. USER'S ACKNOWLEDGMENT AND ACCEPTANCE OF
TERMS
The Game Software is offered subject to your compliance with all of the terms and conditions
contained herein and all other operating rules, policies and procedures. In addition, some
applications offered through or in connection with the Game Software may be subject to additional
terms and conditions promulgated by XR Studio from time to time. Any material modifications to the
Agreement will also be brought to your attention by posting on our website. Such material
modifications will be effective immediately, and will apply to disputes arising under the Agreement
from the date of posting forward. Your continued use of the Game Software after a modification has
been made to the Agreement constitutes your acceptance of such modification.
2. LIMITED USE LICENSE
Subject to your compliance with the terms and conditions of the Agreement, XR Studio hereby
grants you a non-exclusive, non-transferable, limited right and license to install and use one (1) copy
of the Game Software solely and exclusively for your personal and non-commercial use. This
Agreement shall also apply to any patches or updates you may obtain for the Software. IN
ACCORDANCE WITH AND NOT INTENDING TO LIMIT ANY OF THE PROVISIONS OR
PROTECTIONS SET FORTH HEREIN, DUPLICATION, COPYING OR ANY FORM OF
REPRODUCTION OF THE GAME SOFTWARE OR RELATED INFORMATION, MATERIALS OR
OTHER CONTENT TO ANY OTHER SERVER OR LOCATION FOR THE PURPOSES OF
DUPLICATION, COPYING OR ANY OTHER FORM OF REPRODUCTION IS EXPRESSLY AND
EXPLICITLY PROHIBITED. This license does not give you any title or ownership in the Game
Software, and should not be construed as a sale or transfer of any intellectual property rights to the
Game Software. All rights not specifically granted under this Agreement are hereby reserved by XR
Studio and, as applicable, by its licensors.
3. NO RIGHT TO OWNERSHIP
YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER
PROPERTY INTEREST IN THE GAME SOFTWARE, AND YOU FURTHER ACKNOWLEDGE AND
AGREE THAT ALL SUCH RIGHTS ARE AND SHALL FOREVER BE OWNED BY AND INURE TO
THE BENEFIT OF XR STUDIO. Except as expressly licensed to you herein, all right, title, and
interest in and to the Game Software and any and all associated copyrights, trademarks and
intellectual properties therein and/or related thereto and all copies thereof (including, but not limited
to, any patches, updates, copies, derivative works, titles, computer code, themes, objects,
characters, character names, stories, dialogs, catch phrases, locations, concepts, artwork, images,
animation, sounds, musical compositions, audio-visual effects, text, methods of operation, moral
rights, "applets" incorporated into the Game Software, and any related documentation) are owned by
XR Studio or XR Studio's licensors.
The Game Software is protected by the copyright laws of the United States, international copyright
treaties and conventions, and other laws. All rights are reserved. The Game Software contains
certain licensed materials, and XR Studio and XR Studio's licensors may protect their rights in the
event of any violation of this Agreement.
4. NO SALE OR ASSIGNMENT
XR STudio does not recognize the transfer of the Game Software. Therefore, you may not give,
purchase, sell, bargain, barter, market, trade, offer for sale, sell, license, assign or otherwise divest
your rights, responsibilities or obligations under the Agreement, either in whole or in part, without the
prior written consent of XR Studio. Any attempt to do so shall be void and of no effect.
LICENSE CONDITIONS
You agree to only use the Game Software, or any part of it, in a manner that is consistent with this
Agreement, and you SHALL NOT:
(a) exploit the Game Software or any of its parts commercially, including, but not limited to, at a
cyber (Internet) café, computer gaming center or any other location-based site;
(b) use the Game Software or permit the use of the Game Software, on more than one computer,
game console, mobile device, handheld device or PDA at the same time;
(c) use the Game Software, or permit use of the Game Software, or make the Game Software
available for use in a network, multi-user arrangement, remote access arrangement, including where
it could be downloaded by multiple users;
(d) sell, rent, lease, license, distribute or otherwise transfer this Game Software or any copies;
(e) reverse engineer, derive source code, modify, decompile, disassemble, copy, or create derivative
works of the Game Software, in whole or in part (except as the applicable law expressly permits, in
which case all and any modifications, adaptations, copies, improvements, etc. shall belong to, vest in
and be the exclusive property of XR Studio and/or its licensors on creation, in any event);
(f) remove, disable or circumvent any security protections, proprietary notices or labels contained on
or within the Game Software;
(g) export or re-export the Game Software or any copy or adaptation in violation of any applicable
laws or regulations;
(h) create data or executable programs which mimic data or functionality in the Game Software
unless provided for in Section 5(i) below; or
(i) use the part of the Game Software which allows you to construct new variations ("Editor") to
create new levels which
(i) can be used otherwise in connection with the Game Software;
(ii) to modify any executable file;
(iii) to product any libelous, defamatory or other illegal material or material that is scandalous or
invades the rights of privacy or publicity of a third party;
(iv) to use the trademarks, copyright or intellectual property rights of any third party;
(v) are then commercially exploited by you (through pay-per-play or timesharing services or
otherwise). For the avoidance of doubt you are solely liable and responsible for any claims by a third
party resulting from your use of the Editor.
Furthermore, you agree that you shall abide by the safety information, maintenance instructions or
other relevant notices contained in the manual or other documentation accompanying the Game
Software.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOU EXPRESSLY
AGREE THAT THE USE OF THE GAME SOFTWARE IS AT YOUR SOLE RISK AND THAT THE
ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS
WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL MATERIALS
AND GAME SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITH
ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND XR STUDIO HEREBY DISCLAIMS
ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE GAME SOFTWARE, 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 GAME SOFTWARE WILL MEET YOUR REQUIREMENTS, (B) THE GAME SOFTWARE WILL
BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE GAME SOFTWARE WILL
BE INTEROPERABLE OR COMPATIBLE WITH OTHER SOFTWARE, OR (D) THE RESULTS
THAT MAY BE OBTAINED FROM THE USE OF THE GAME SOFTWARE WILL BE EFFECTIVE,
ACCURATE OR RELIABLE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY XR
STUDIO OR ITS AUTHORIZED REPRESENTATIVE(S) SHALL CREATE A WARRANTY. AT SOME
POINT IN THE FUTURE THE GAME SOFTWARE MAY GO OUT OF DATE, AND XR STUDIO
MAKES NO COMMITMENT TO UPDATE SUCH GAME SOFTWARE. THE DISCLAIMERS OF
LIABILITY CONTAINED IN THIS SECTION APPLY TO ANY DAMAGES OR INJURY CAUSED BY
ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT,
DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE
FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR
USE OF THE GAME SOFTWARE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS
BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. THE USE OF THE
GAME SOFTWARE OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS
THROUGH OR IN CONNECTION WITH THE GAME SOFTWARE IS DONE AT YOUR OWN
DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT
RESULTS FROM SUCH ACTIVITIES.
XR STUDIO MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE
INFORMATION CONTAINED IN THE GAME SOFTWARE, INFORMATION AND/OR RELATED
GRAPHICS PUBLISHED AS PART OF THE GAME SOFTWARE FOR ANY PURPOSE. THE GAME
SOFTWARE, INFORMATION AND RELATED GRAPHICS PUBLISHED AS PART OF THE GAME
SOFTWARE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. You
understand and agree that temporary interruptions of the Game Software may occur as normal
events. You further understand and agree that we have no control over third party networks you may
access in the course of the use of the Game Software, and therefore, delays and disruption of other
network transmissions are completely beyond XR Studio's control. YOU ACKNOWLEDGE AND
AGREE THAT YOUR EXCLUSIVE REMEDY FOR ANY DISPUTE WITH XR STUDIO IS TO STOP
USING THE GAME SOFTWARE. IN NO CASE SHALL ANY LIABILITY OF XR STUDIO TO YOU
EXCEED THE AMOUNT THAT YOU PAID TO XR STUDIO OR ITS AFFILIATES AND/OR
DESIGNEES FOR THE APPLICABLE GAME SOFTWARE GIVING RISE TO ANY SUCH
LIABILITY. IN NO EVENT SHALL XR STUDIO OR ITS AFFILIATES BE LIABLE TO YOU OR ANY
THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL
DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT
LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR
NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY
THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE GAME
SOFTWARE, INCLUDING DAMAGES TO PROPERTY, LOSS OF GOODWILL, COMPUTER
FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR
PERSONAL INJURIES, EVEN IF XR STUDIO HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF XR STUDIO AND THE
XR STUDIO PARTIES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
7. INDEMNIFICATION
Upon a request by XR Studio, you agree to defend, indemnify, and hold XR Studio and its affiliates
harmless from all liabilities, claims, losses, costs and expenses, including attorney's fees, that arise
from (a) your use of, or activities in connection with the Game Software; (b) any violation of the
Agreement by you; or (c) any allegation that any content that you make available via the Game
Software infringes or otherwise violates the copyright, trademark, trade secret, privacy or other
intellectual property or other rights of any third party. XR Studio reserves the right, at its own
expense, to assume the exclusive defense and control of any matter otherwise subject to
indemnification by you, in which event you will cooperate with XR Studio in asserting any available
defenses.
8. E-MAIL, MESSAGING, BLOGGING AND CHAT
XR Studio may make email, messaging, blogging, or chat (collectively, "Communication Software")
available through the Game Software, either directly or through a third-party provider. XR Studio is
not responsible for communications made by other users via the Communication Software. We are
not responsible for communications made by you via the Communication Software. You
acknowledge and agree that your communications made via the Communication Software are public
and not private communications and that you have no expectation of privacy concerning your use of
the Communication Software. You acknowledge and agree that personal information that you
communicate via the Communication Software may be seen and used by others and may result in
widespread distribution of such information. We strongly encourage you not to disclose any personal
information in your public communications via the Communication Software unless you wish such
information to be made permanently available to the public.
9. INTERNATIONAL USE
Although the Game Software may be accessible worldwide, we make no representation that the
Game Software or related materials are appropriate or available for use in locations outside the
United States, and accessing them from territories where the content is illegal is prohibited. Those
who choose to access the Game Software from other locations do so on their own initiative and are
responsible for compliance with local laws, if and to the extent local laws are applicable. Any offer
and/or information made in connection with the Game Software is void where prohibited. Without
limiting the foregoing, the Game Software may not be exported or re-exported (a) into (or to a
national resident of) any U.S. embargoed countries or (b) to anyone on the U.S. Treasury
Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied
Person's List or Entity List. By accessing and using the Game Software, you represent and warrant
that you are not located in, under control of, or a national resident of any such country or on any
such list.
10. TERMINATION AND SURVIVABILITY OF TERMS
The Agreement set forth herein continue to remain in full force and effect until such time as
terminated by either party. You agree and acknowledge that you are not entitled to any refund for
any amounts which were paid to XR Studio prior to any termination. You retain full discretion to end
or terminate your account, if applicable, and discontinue use of the Game Software at any time,
pursuant to the terms of this Agreement. Without prejudice to any other rights of XR Studio, this
Agreement shall terminate automatically if you fail to comply with its terms and conditions. Upon
termination, you must destroy all copies of the Game Software. The provisions of Sections 3, 4, 6, 7,
8, 10, 11 and 12 shall survive any termination of this Agreement.
11. INJUNCTION
Because XR Studio would be irreparably damaged if the terms of this Agreement were not
specifically enforced, you agree that XR Studio shall be entitled, without bond or other security or
proof of damages, to take such action as may be required, including seeking an injunction and other
equitable remedies, in addition to any other remedies available to it under the applicable law.
12. MISCELLANEOUS
This Agreement represents the complete agreement between you and XR Studio concerning the
Game Software and supersedes all prior agreements and representations, warranties or
understandings between you and XR Studio (whether negligently or innocently made but excluding
those made fraudulently), regarding the same subject matter. XR Studio reserves the right to amend
this Agreement at any time, at its sole discretion. If any part of the Agreement is determined to be
invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty
disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be
deemed superseded by a valid, enforceable provision that most closely matches the intent of the
original provision and the remainder of the Agreement shall continue in effect. Any failure by us to
enforce or exercise any provision of the Agreement or related rights shall not constitute a waiver of
that right or provision.
XR Studio may assign this Agreement, in whole or in part, at any time. Notwithstanding, you may not
assign, transfer or sublicense any or all of your rights or obligations under the Agreement without XR
Studio's express prior written consent. XR Studio's performance of the Agreement is subject to
existing laws and legal process, and nothing contained in the Agreement is in derogation of XR
Studio's right to comply with governmental, court, and law enforcement requests or requirements
relating to your use of the Game Software or information provided to or gathered by XR Studio with
respect to such use. In addition to any excuse provided by applicable law, we shall be excused from
liability for non-delivery or delay in delivery of the Game Software arising from any event beyond our
reasonable control, whether or not foreseeable by either party, including but not limited to, labor
disturbance, war, terrorism, fire, denial of service attack, internet outages, accident, adverse
weather, inability to secure transportation, governmental act or regulation, and other causes or
events beyond our reasonable control, whether or not similar to those which are enumerated above.
The parties agree that all correspondence relating to this Agreement shall be written in the English
language.
This Agreement shall be construed under Missouri law as such law is applied to agreements
between Missouri residents entered into and to be performed within Missouri, except as governed by
federal law, and you consent to the exclusive jurisdiction of the state and federal courts in Jefferson
City, Missouri.
You may contact XR Studio at the following address:
XR Studio, LLC
PO Box 2571
Lake Ozark, MO 65049
I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING END
USER LICENSE AGREEMENT AND AGREE THAT MY USE OF THE GAME SOFTWARE IS AN
ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY THE END USER LICENSE
AGREEMENT.