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End-User License Agreement
DAYLIGHT
IMPORTANT - PLEASE READ THIS AGREEMENT CAREFULLY
This End-User License Agreement ("EULA") is a legal agreement between you and ZOMBIE Inc, a company registered in the United States with company number 91-2054985 whose registered office is at 420 4th Avenue
Seattle, WA 98104 ("ZOMBIE or "We") for the computer software game stated above, which includes computer software and associated media, materials, services and other documentation together with any updates or supplemental products, if any (including without limitation, art packs or other content containing additional art, graphic assets or gameplay content for use with the software), that are provided to you now or in the future or any part thereof ("Software").
Copyright and other intellectual property laws and treaties protect this Software. The Software is licensed, not sold.
WE ARE ONLY PREPARED TO LICENSE YOU TO USE THE SOFTWARE ON THE TERMS OF THIS EULA. PLEASE READ CAREFULLY THROUGH THE FOLLOWING LICENSE CONDITIONS.
BY PLAYING THE GAME YOU AGREE TO BE BOUND BY THE TERMS OUTLINED IN THIS DOCUMENT
IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS EULA, CLICK NOT ACCEPTED AND THE SOFTWARE WILL NOT BE LOADED ONTO YOUR COMPUTER. IF YOU DO NOT ACCEPT THE TERMS OF THIS EULA, PLEASE DELETE (OR UNINSTALL) THE SOFTWARE FROM YOUR COMPUTER. IF YOU KEEP THIS SOFTWARE, YOU ARE AGREEING TO THE TERMS OF THIS EULA.
1. License.
The Software is licensed for your personal use and gaming enjoyment, subject to terms and limitations in this EULA. The license is provided free of charge and gives you the right to use the Software. Individual packages of content may be provided separately after payment you may choose to provide and are subject to terms and limitations in this EULA.
2. Use Restrictions.
The Software contains copyrighted material, trade secrets and other proprietary material. You may not decompile, modify, reverse engineer, publicly display, prepare derivative works based upon the whole or any part of the Software (including but not limited to all or any part of the Software’s code, art and graphic assets), reproduce, or disassemble the Software. Except as set forth in this EULA, you may not rent, sell, lease, barter, loan (including but not limited to allowing the Software Product to be stored in an archival or other searchable database), sublicense or distribute the Software. You may not delete the copyright notices or any other proprietary legends on the original copy of the Software. You may not electronically transmit the Software from one computer to another or over a network or make the Software available on a network in any way. All individuals who play the Software in a multiplayer configuration must each have a valid license to the Software.
3. Commercial Exploitation.
You may not use the Software to derive financial gain or advantage or compensation of any kind or nature for such use or use the Software for any commercial purposes without the prior written consent of ZOMBIE.
Except where restricted by the language above Zombie Studios encourages users to make videos of Daylight for the PlayStation 4 and PC, such as Let’s Play, playthroughs, instructional videos, and commentaries. We enjoy seeing what the community makes in these videos; however there are some rules that have been put in place to protect Zombie Studios and its brands. Please view http://www.zombie.com/daylight-video-policy for update to date information.
3a. Free To View
All videos with content using Daylight must be free to view, meaning publicly available without requiring any payment, survey, download, or any other action to access the video.
3b. Monetization
Zombie Studios gives permission for users to monetize their Daylight videos via YouTube, Twitch.TV, or other services. If you have an issue with the services, please link them to this page.
4. Collection of Data.
Without further notice to you and when applicable, you acknowledge and agree that ZOMBIE may collect, use, copy, store, transmit, display and analyze technical and related information that identifies your computer (e.g. your Internet Protocol address), operating system, application software, peripheral hardware, and non-personally identifiable software usage and game play statistics, for the purposes of facilitating technical protection measures, improving ZOMBIE's products and services and the provision of software updates, dynamically served content including advertising, product support and online services to you. This information will always be aggregated in a form which does not personally identify you before it is shared with third parties.
5. Ownership and Protection of Intellectual Property.
Except as expressly licensed to you by this EULA, ZOMBIE and its licensors own and reserve all title, right and interest in the Software and all related data, objects, characters, themes, storylines, animations, graphics, images, photographs, video, music, text, and the associated copyrights, moral rights, trademarks and other intellectual property rights contained therein. Rights in the Software are licensed (not sold) to you, and you have no rights in, or to, the Software, other than the right to use it in accordance with the terms of this EULA. You have no right to have access to the Software in source code form or in unlocked coding or with comments.
Aspects of the Software, including the specific design and structure of individual programs, form part of the trade secrets and/or copyrighted material of ZOMBIE or its licensors. You therefore agree not to disclose, provide, copy or otherwise make available such trade secrets or copyrighted material in any form to any third party without the prior written approval of ZOMBIE or the relevant licensor.
6. Disclaimer of Warranties.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SOFTWARE IS PROVIDED TO YOU “AS IS,” WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. ZOMBIE AND ZOMBIE’S LICENSORS (COLLECTIVELY “ZOMBIE” OR “WE” FOR PURPOSES OF THIS SECTION) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. ZOMBIE DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE; THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SOFTWARE WILL BE COMPATIBLE WITH THIRD PARTY SOFTWARE OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY ZOMBIE OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
7. Limitation of Liability.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL ZOMBIE OR ITS LICENSORS BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, OR ANY FORM OF INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS LICENSE OR THE SOFTWARE, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE, WHETHER OR NOT ZOMBIE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SOME JURISDICTIONS DO NOT ALLOW A LIMITATION OF LIABILITY FOR DEATH, PERSONAL INJURY, FRAUDULENT MISREPRESENTATIONS OR CERTAIN INTENTIONAL OR NEGLIGENT ACTS, OR VIOLATION OF SPECIFIC STATUTES, OR THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
In no event shall ZOMBIE’s total liability to you for all damages (except as required by applicable law) exceed the amount actually paid by you for the Software.
8. Term and Termination.
This EULA is effective from the moment of acceptance by you of this EULA or upon any use of the Software until terminated. You may terminate this EULA by destroying the Software together with any or all copies. Your rights under this EULA will terminate immediately and automatically without any notice from ZOMBIE if you fail to comply with any of the terms and conditions of this EULA. Promptly upon termination, you must cease all use of the Software and destroy all copies of the Software in your possession or control. Termination will not limit any of ZOMBIE’s other rights or remedies at law or in equity. Sections 5-9 of this EULA shall survive termination or expiration of this EULA for any reason.
9. General
a) You will not contest the validity or enforceability of this EULA solely because it was concluded electronically.
b) You agree that a breach of this EULA may cause damage to ZOMBIE for which monetary damages would not be an adequate remedy and ZOMBIE shall be entitled to seek equitable or equivalent relief in addition to any other remedies it may have under this EULA or at law.
c) If any provision of this EULA is illegal or unenforceable under applicable law, the remainder of that provision shall be amended to achieve the effect of the original provision as closely as possible. All other provisions of this EULA shall continue in full force and effect.
d) If you are a government end user, then this provision applies to you. The Software provided in connection with this EULA has been developed entirely at private expense, as defined in FAR section 2.101, DFARS section 252.227-7014(a)(1) and DFARS section 252.227-7015 (or any equivalent or subsequent agency regulation thereof), and is provided as “commercial items,” “commercial computer software” and/or “commercial computer software documentation.” Consistent with DFARS section 227.7202 and FAR section 12.212, and to the extent required under U.S. federal law, the minimum restricted rights as set forth in FAR section 52.227-19 (or any equivalent or subsequent agency regulation thereof), any use, modification, reproduction, release, performance, display, disclosure or distribution thereof by or for the U.S. Government shall be governed solely by this EULA and shall be prohibited except to the extent expressly permitted by this EULA.
e) This EULA and any claim or dispute of whatever nature arising out of or relating to this EULA shall be governed by, and construed in accordance with the laws of the State of California, USA, without regard to their choice of law provisions. Any dispute arising out of this EULA or the use or other disposition of the Software will be brought and resolved in the state or federal courts in California.
f) The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this EULA. Unless expressly provided in this EULA, no term of this EULA is enforceable pursuant to the United Kingdom’s Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to it.
g) You may not ship or export the Software to any country other than where you bought it, in violation of the U.S. Export Administration Act (or any other law in your country governing such matters) and you will not utilize and will not authorize anyone to utilize the Software in violation of any applicable law. The Software may not be downloaded or otherwise exported into (or to a national or resident of) any country to which the U.S. or your country has embargoed goods or to anyone or into any country who/which are prohibited by applicable law, from receiving it.
h) This EULA constitutes the entire agreement between ZOMBIE and you with respect to the license and use of the Software and supersedes all prior or contemporaneous understandings. Without limiting the foregoing, this EULA supersedes any and all prior agreements in effect regarding the use of this Software (or any earlier version thereof), express or implied, as if you had entered into this EULA at the time you obtained a copy of the Software or earlier version thereof. No amendment or modification of this EULA will be binding unless made in writing by ZOMBIE. ZOMBIE may freely assign any or all of its rights and obligations under this EULA.
DAYLIGHT
IMPORTANT - PLEASE READ THIS AGREEMENT CAREFULLY
This End-User License Agreement ("EULA") is a legal agreement between you and ZOMBIE Inc, a company registered in the United States with company number 91-2054985 whose registered office is at 420 4th Avenue
Seattle, WA 98104 ("ZOMBIE or "We") for the computer software game stated above, which includes computer software and associated media, materials, services and other documentation together with any updates or supplemental products, if any (including without limitation, art packs or other content containing additional art, graphic assets or gameplay content for use with the software), that are provided to you now or in the future or any part thereof ("Software").
Copyright and other intellectual property laws and treaties protect this Software. The Software is licensed, not sold.
WE ARE ONLY PREPARED TO LICENSE YOU TO USE THE SOFTWARE ON THE TERMS OF THIS EULA. PLEASE READ CAREFULLY THROUGH THE FOLLOWING LICENSE CONDITIONS.
BY PLAYING THE GAME YOU AGREE TO BE BOUND BY THE TERMS OUTLINED IN THIS DOCUMENT
IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS EULA, CLICK NOT ACCEPTED AND THE SOFTWARE WILL NOT BE LOADED ONTO YOUR COMPUTER. IF YOU DO NOT ACCEPT THE TERMS OF THIS EULA, PLEASE DELETE (OR UNINSTALL) THE SOFTWARE FROM YOUR COMPUTER. IF YOU KEEP THIS SOFTWARE, YOU ARE AGREEING TO THE TERMS OF THIS EULA.
1. License.
The Software is licensed for your personal use and gaming enjoyment, subject to terms and limitations in this EULA. The license is provided free of charge and gives you the right to use the Software. Individual packages of content may be provided separately after payment you may choose to provide and are subject to terms and limitations in this EULA.
2. Use Restrictions.
The Software contains copyrighted material, trade secrets and other proprietary material. You may not decompile, modify, reverse engineer, publicly display, prepare derivative works based upon the whole or any part of the Software (including but not limited to all or any part of the Software’s code, art and graphic assets), reproduce, or disassemble the Software. Except as set forth in this EULA, you may not rent, sell, lease, barter, loan (including but not limited to allowing the Software Product to be stored in an archival or other searchable database), sublicense or distribute the Software. You may not delete the copyright notices or any other proprietary legends on the original copy of the Software. You may not electronically transmit the Software from one computer to another or over a network or make the Software available on a network in any way. All individuals who play the Software in a multiplayer configuration must each have a valid license to the Software.
3. Commercial Exploitation.
You may not use the Software to derive financial gain or advantage or compensation of any kind or nature for such use or use the Software for any commercial purposes without the prior written consent of ZOMBIE.
Except where restricted by the language above Zombie Studios encourages users to make videos of Daylight for the PlayStation 4 and PC, such as Let’s Play, playthroughs, instructional videos, and commentaries. We enjoy seeing what the community makes in these videos; however there are some rules that have been put in place to protect Zombie Studios and its brands. Please view http://www.zombie.com/daylight-video-policy for update to date information.
3a. Free To View
All videos with content using Daylight must be free to view, meaning publicly available without requiring any payment, survey, download, or any other action to access the video.
3b. Monetization
Zombie Studios gives permission for users to monetize their Daylight videos via YouTube, Twitch.TV, or other services. If you have an issue with the services, please link them to this page.
4. Collection of Data.
Without further notice to you and when applicable, you acknowledge and agree that ZOMBIE may collect, use, copy, store, transmit, display and analyze technical and related information that identifies your computer (e.g. your Internet Protocol address), operating system, application software, peripheral hardware, and non-personally identifiable software usage and game play statistics, for the purposes of facilitating technical protection measures, improving ZOMBIE's products and services and the provision of software updates, dynamically served content including advertising, product support and online services to you. This information will always be aggregated in a form which does not personally identify you before it is shared with third parties.
5. Ownership and Protection of Intellectual Property.
Except as expressly licensed to you by this EULA, ZOMBIE and its licensors own and reserve all title, right and interest in the Software and all related data, objects, characters, themes, storylines, animations, graphics, images, photographs, video, music, text, and the associated copyrights, moral rights, trademarks and other intellectual property rights contained therein. Rights in the Software are licensed (not sold) to you, and you have no rights in, or to, the Software, other than the right to use it in accordance with the terms of this EULA. You have no right to have access to the Software in source code form or in unlocked coding or with comments.
Aspects of the Software, including the specific design and structure of individual programs, form part of the trade secrets and/or copyrighted material of ZOMBIE or its licensors. You therefore agree not to disclose, provide, copy or otherwise make available such trade secrets or copyrighted material in any form to any third party without the prior written approval of ZOMBIE or the relevant licensor.
6. Disclaimer of Warranties.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SOFTWARE IS PROVIDED TO YOU “AS IS,” WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. ZOMBIE AND ZOMBIE’S LICENSORS (COLLECTIVELY “ZOMBIE” OR “WE” FOR PURPOSES OF THIS SECTION) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. ZOMBIE DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE; THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SOFTWARE WILL BE COMPATIBLE WITH THIRD PARTY SOFTWARE OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY ZOMBIE OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
7. Limitation of Liability.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL ZOMBIE OR ITS LICENSORS BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, OR ANY FORM OF INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS LICENSE OR THE SOFTWARE, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE, WHETHER OR NOT ZOMBIE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SOME JURISDICTIONS DO NOT ALLOW A LIMITATION OF LIABILITY FOR DEATH, PERSONAL INJURY, FRAUDULENT MISREPRESENTATIONS OR CERTAIN INTENTIONAL OR NEGLIGENT ACTS, OR VIOLATION OF SPECIFIC STATUTES, OR THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
In no event shall ZOMBIE’s total liability to you for all damages (except as required by applicable law) exceed the amount actually paid by you for the Software.
8. Term and Termination.
This EULA is effective from the moment of acceptance by you of this EULA or upon any use of the Software until terminated. You may terminate this EULA by destroying the Software together with any or all copies. Your rights under this EULA will terminate immediately and automatically without any notice from ZOMBIE if you fail to comply with any of the terms and conditions of this EULA. Promptly upon termination, you must cease all use of the Software and destroy all copies of the Software in your possession or control. Termination will not limit any of ZOMBIE’s other rights or remedies at law or in equity. Sections 5-9 of this EULA shall survive termination or expiration of this EULA for any reason.
9. General
a) You will not contest the validity or enforceability of this EULA solely because it was concluded electronically.
b) You agree that a breach of this EULA may cause damage to ZOMBIE for which monetary damages would not be an adequate remedy and ZOMBIE shall be entitled to seek equitable or equivalent relief in addition to any other remedies it may have under this EULA or at law.
c) If any provision of this EULA is illegal or unenforceable under applicable law, the remainder of that provision shall be amended to achieve the effect of the original provision as closely as possible. All other provisions of this EULA shall continue in full force and effect.
d) If you are a government end user, then this provision applies to you. The Software provided in connection with this EULA has been developed entirely at private expense, as defined in FAR section 2.101, DFARS section 252.227-7014(a)(1) and DFARS section 252.227-7015 (or any equivalent or subsequent agency regulation thereof), and is provided as “commercial items,” “commercial computer software” and/or “commercial computer software documentation.” Consistent with DFARS section 227.7202 and FAR section 12.212, and to the extent required under U.S. federal law, the minimum restricted rights as set forth in FAR section 52.227-19 (or any equivalent or subsequent agency regulation thereof), any use, modification, reproduction, release, performance, display, disclosure or distribution thereof by or for the U.S. Government shall be governed solely by this EULA and shall be prohibited except to the extent expressly permitted by this EULA.
e) This EULA and any claim or dispute of whatever nature arising out of or relating to this EULA shall be governed by, and construed in accordance with the laws of the State of California, USA, without regard to their choice of law provisions. Any dispute arising out of this EULA or the use or other disposition of the Software will be brought and resolved in the state or federal courts in California.
f) The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this EULA. Unless expressly provided in this EULA, no term of this EULA is enforceable pursuant to the United Kingdom’s Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to it.
g) You may not ship or export the Software to any country other than where you bought it, in violation of the U.S. Export Administration Act (or any other law in your country governing such matters) and you will not utilize and will not authorize anyone to utilize the Software in violation of any applicable law. The Software may not be downloaded or otherwise exported into (or to a national or resident of) any country to which the U.S. or your country has embargoed goods or to anyone or into any country who/which are prohibited by applicable law, from receiving it.
h) This EULA constitutes the entire agreement between ZOMBIE and you with respect to the license and use of the Software and supersedes all prior or contemporaneous understandings. Without limiting the foregoing, this EULA supersedes any and all prior agreements in effect regarding the use of this Software (or any earlier version thereof), express or implied, as if you had entered into this EULA at the time you obtained a copy of the Software or earlier version thereof. No amendment or modification of this EULA will be binding unless made in writing by ZOMBIE. ZOMBIE may freely assign any or all of its rights and obligations under this EULA.