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BETA END USER LICENSE AGREEMENT
IMPORTANT! PLEASE READ THE FOLLOWING BETA END USER LICENSE AGREEMENT (“AGREEMENT”) CAREFULLY!
THIS BETA END USER LICENSE AGREEMENT (EULA) IS A LEGAL AND BINDING AGREEMENT BETWEEN YOU AND ESCAPE HATCH ENTERTAINMENT, LLC (EHE) FOR YOUR ACCESS TO A PRE-RELEASE VERSION OF STARLIGHT INCEPTIONTM (BETA).
By installing, downloading, or otherwise using the Beta in any manner, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install, download, or otherwise use the Beta.
PLEASE READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY BEFORE YOU INSTALL AND USE THIS VIDEO GAME. THIS VIDEO GAME IS PROTECTED BY COPYRIGHT AND IS ONLY LICENSED TO YOU UNDER THIS AGREEMENT. THIS VIDEO GAME MAY NOT BE SOLD OR COPIED BY YOU.
Grant of License
Subject to the terms and conditions of this Agreement and your continuing compliance with this Agreement, EHE hereby grants, and you hereby accept, a limited, non-exclusive, non-transferable license to install the Beta onto a single computer for the sole purpose of evaluating the Beta in conjunction with non-commercial entertainment purposes only. You may not use, modify, sell, lease, lend, rent, distribute, copy, sublicense, transfer, or disclose any part of the Beta, except as provided in this EULA. You may not reverse engineer, decompile, or disassemble the Beta. All use of the Video game is subject to this Agreement which you must accept before you can use this Video game.
Proprietary Rights, Copyrights, and Trademarks
All title, ownership rights and intellectual property rights in and to this Video game and all copies thereof, including but not limited to titles, computer code, themes, objects, characters, stories, dialog, ships, catch phrases, script, locations, concepts, artwork, character inventories, structural or landscape designs, animations, sounds, musical compositions and recordings, audio-visual effects, storylines, methods of operation, moral rights, or other documentation, are owned or licensed to EHE. The game client is protected by the copyright laws of all countries on the Earth, international copyright treaties and conventions, and other laws. All rights are asserted and reserved. The Video game may contain material licensed by third parties and the licensors of that material may enforce their rights in the event of any violation of this Agreement. All trademarks are the property of their respective owners.
EHE’s corporate logo are trademarks in the United States and all rights, title and interests are hereby expressly reserved by EHE. All other trademarks, marks, service names or logos displayed are the property of their respective owners. The Video game and all materials, information, data, services, site design, website, text, graphics, logos, images and icons are the sole property of EHE. All right that have not been expressly granted to you pursuant to these terms are expressly reserved by EHE. Any reproduction, distribution, modification, publication or use or exploitation of this Video game, the EHE websites, or other materials, directly or indirectly, is strictly prohibited. Title to the Video game and all copies thereof remain the sole ownership of EHE. The Video game is trademarked and is protected by United States trademark laws and international treaty provisions. Licensee will not remove copyright notices from the Video game. Licensee agrees to prevent any unauthorized copying of the Video game. Except as expressly provided herein, EHE does not grant any express or implied right to you under EHE patents, copyrights, trademarks, or trade secret information.
Confidentiality
By accepting this agreement, you agree that the video game, code, design, gameplay, bugs, and other related items to this video game, provided to you by Escape Hatch Entertainment, LLC constitutes proprietary and confidential information of Escape Hatch Entertainment, LLC. You further agree that you will be the only authorized user and will not copy nor distribute this beta version. You agree not to transfer, copy, disclose, provide or otherwise make available such confidential information in any form to any third party without the prior written consent of Escape Hatch Entertainment, LLC. You agree to implement reasonable security measures to protect this confidential information and you shall use best efforts to maintain the security of the video game provided to you by EHE. You will use your best efforts to cooperate with and assist EHE with the identification and prevention of any unauthorized use, copying or disclosure of this video game or any portion thereof.
Updates and Support
The Beta is a pre-release version of the game and is not at the level of performance and compatibility of a final, generally available product offering. Therefore the Beta may not operate correctly and may be modified. EHE may provide updates to the Beta, but EHE shall have no obligation to provide updates or support services for the Beta.
License Limitations
This Agreement is subject to the limitations set forth within this Agreement. Any use of the Video game in violation of these terms will be regarded as an infringement of EHE’s copyrights in and to the Video game. You agree that you will not, under any condition:
(a) In whole or part, photocopy, separate, reproduce, copy, reverse engineer, translate, derive source code from, disassemble, modify, decompile, or otherwise attempt to derive the source code for this Video game;.
(b) Use cheats, automation software, hacks, mods or any other unauthorized third-party software designed to modify this Video game;
(c) Exploit this Video game in whole or part, including but limited to the game client, for any commercial purposes;
(d) Exploit or use this Video game at any cyber café, computer gaming center, or any other location-based site without the express written permission of EHE;
(e) Exploit any in-game currency, items or resources, in-game services in exchange for payment outside of the Video game
(f) Use any unauthorized third-party software that intercepts, collects, mines information from or through this Video game;
(g) Modify or create any derivative works or any files that are a part of this Video game or game client in any way;
(h) Host or provide matchmaking services for this Video game or emulate or redirect the communication protocols used by EHE in any way for any purpose; including but not limited to unauthorized play over the Internet or any networks;
(i) Facilitate or maintain any unauthorized connection to this Video game;
(j) Redistribute, sell, encumber, rent, lease, sublicense, permit, grant, or transfer license or reproduction of this Video game to any other party in any way;
(k) Transfer the Video game under any circumstances;
(l) Remove or alter any trademark, logo, copyright, or other proprietary notices, legends, symbols, or labels in the Video game;
(m) Publish any results of Beta to a third party without EHE’s prior written consent .
Content
You acknowledge that by using this software, you will have access to graphics, sound effects, music, animation-style video, content, layout, design, files, data, characters (and items and attributes association with characters), game objects and text (collectively, “Game Content”).
You acknowledge that EHE has the respective Game Content under copyright and other applicable laws, and that you accept full responsibility and liability for your use of any Game Content in violation of any such rights. EHE provides the right to use the Game Content for noncommercial, personal use, including in connection with creating noncommercial fan fiction or fan websites regarding the same.
You acknowledge and agree that you shall not reproduce, prepare derivative works based upon, distribute, publicly perform, or transmit any Game Content for commercial uses without first obtaining the express and written consent of EHE.
In the context, “derivative works based upon” is defined as any and all works that are similar in idea or expression to the Game Content. This pertains to things such as plot, story, theme, mood, setting, appearance, and characters. If you create such a work and it brings to mind the Game Content, then it is likely a derivative work of the Game Content and may not be used for commercial purposes.
Warranty
YOU ACKNOWLEDGE THAT THE BETA IS A PRE-RELEASE VERSION AND MAY CONTAIN ERRORS AND DEFECTS. THE VIDEO GAME, INFORMATION, CONTENT, SERVICES, AND DOCUMENTATION CONTAINED ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. EHE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. USE OF THIS VIDEO GAME IS AT YOUR SOLE RISK. WITHOUT LIMITATION OF THE FOREGOING, EHE EXPRESSLY DOES NOT WARRANT THAT THE VIDEO GAME WILL MEET YOUR REQUIREMENTS OR THAT OPERATION OF THE VIDEO GAME WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME RESPONSIBILITY FOR SELECTING THE VIDEO GAME TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE RESULTS OBTAINED FROM YOUR USE OF THE VIDEO GAME. YOU SHALL BEAR THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF THE VIDEO GAME.
Damages
To the maximum extent permitted by applicable law, in no event shall EHE be liable for any special, incidental, punitive, indirect, or consequential damages (including, but not limited to, damages for loss of profits, for personal injury, for loss of privacy, for failure to meet any duty including of good faith or of reasonable care, for negligence, and for any other pecuniary or other loss whatsoever) arising out of or in any way related to the use of or inability to use the Beta, the provision of or failure to provide support or other services, information and related content through the Beta or otherwise arising out of the use of the Beta, or otherwise under or in connection with any provision of this EULA, even in the event of the fault, tort (including negligence), misrepresentation, strict liability, breach of contract or breach of warranty of EHE, and even if EHE has been advised of the possibility of such damages.
Limitation of Liability
THE ENTIRE LIABILITY OF EHE AND YOUR EXCLUSIVE REMEDY HEREUNDER SHALL BE LIMITED TO THE ACTUAL DAMAGES YOU INCUR IN REASONABLE RELIANCE ON THE BETA UP TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE BETA. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION OR CLAIMS IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, INDEMNITY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND OTHER TORTS. IN NO EVENT SHALL EHE BE LIABLE TO YOU OR ANY PARTY RELATED TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LOST PROFITS, EVEN IF EHE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Term Of This Agreement
Your rights with respect to the Beta can terminate at any time without notice. Your rights can terminate upon the commercial release of the generally available Video game. Either party may terminate this Agreement at any time for any reason or no reason by providing the other party advance written notice thereof. Upon any expiration or termination of this Agreement, the rights and licenses granted to you under this Agreement shall immediately terminate, and you shall immediately cease using, and will return to EHE (or, at EHE' request, destroy), the Video game, Documentation, and all other tangible items in your possession or control that are proprietary to or contain Confidential Information.
Termination of Agreement
This Agreement is effective until terminated. You may terminate the Agreement at any time by:
(a) permanently destroying all installations of the Video game in your possession
(b) removing the game client from your hard drive
(c) notifying EHE of your intention to terminate this Agreement
EHE may terminate this Agreement at any time, for any reason, or for no reason. Upon termination for any reason, all licenses granted herein shall immediately terminate and you must immediately and permanently destroy all installations and copies of the game and remove the Game Client from your hard drive.
Governing Law and Choice of Forum
This Agreement shall be governed by and interpreted in accordance with the laws of the state of Texas, without regard to the conflicts of law rules thereof. Any claim or dispute arising in connection with this EULA shall be resolved in the federal or state courts situated within Texas. To the maximum extent permitted by law, you hereby consent to the jurisdiction and venue of such courts and waive any objections to the jurisdiction or venue of such courts.
Entire Agreement
This EULA constitutes the complete and exclusive agreement between you and EHE with respect to the subject matter hereof, and supersedes all prior or contemporaneous oral or written communications, proposals, representations, understandings or agreements not specifically incorporated herein. If any provision of this EULA is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.
Contact Information
Escape Hatch Entertainment, LLC
Starlight InceptionTM is a registered trademark video game of Escape Hatch Entertainment, LLC
IMPORTANT! PLEASE READ THE FOLLOWING BETA END USER LICENSE AGREEMENT (“AGREEMENT”) CAREFULLY!
THIS BETA END USER LICENSE AGREEMENT (EULA) IS A LEGAL AND BINDING AGREEMENT BETWEEN YOU AND ESCAPE HATCH ENTERTAINMENT, LLC (EHE) FOR YOUR ACCESS TO A PRE-RELEASE VERSION OF STARLIGHT INCEPTIONTM (BETA).
By installing, downloading, or otherwise using the Beta in any manner, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install, download, or otherwise use the Beta.
PLEASE READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY BEFORE YOU INSTALL AND USE THIS VIDEO GAME. THIS VIDEO GAME IS PROTECTED BY COPYRIGHT AND IS ONLY LICENSED TO YOU UNDER THIS AGREEMENT. THIS VIDEO GAME MAY NOT BE SOLD OR COPIED BY YOU.
Grant of License
Subject to the terms and conditions of this Agreement and your continuing compliance with this Agreement, EHE hereby grants, and you hereby accept, a limited, non-exclusive, non-transferable license to install the Beta onto a single computer for the sole purpose of evaluating the Beta in conjunction with non-commercial entertainment purposes only. You may not use, modify, sell, lease, lend, rent, distribute, copy, sublicense, transfer, or disclose any part of the Beta, except as provided in this EULA. You may not reverse engineer, decompile, or disassemble the Beta. All use of the Video game is subject to this Agreement which you must accept before you can use this Video game.
Proprietary Rights, Copyrights, and Trademarks
All title, ownership rights and intellectual property rights in and to this Video game and all copies thereof, including but not limited to titles, computer code, themes, objects, characters, stories, dialog, ships, catch phrases, script, locations, concepts, artwork, character inventories, structural or landscape designs, animations, sounds, musical compositions and recordings, audio-visual effects, storylines, methods of operation, moral rights, or other documentation, are owned or licensed to EHE. The game client is protected by the copyright laws of all countries on the Earth, international copyright treaties and conventions, and other laws. All rights are asserted and reserved. The Video game may contain material licensed by third parties and the licensors of that material may enforce their rights in the event of any violation of this Agreement. All trademarks are the property of their respective owners.
EHE’s corporate logo are trademarks in the United States and all rights, title and interests are hereby expressly reserved by EHE. All other trademarks, marks, service names or logos displayed are the property of their respective owners. The Video game and all materials, information, data, services, site design, website, text, graphics, logos, images and icons are the sole property of EHE. All right that have not been expressly granted to you pursuant to these terms are expressly reserved by EHE. Any reproduction, distribution, modification, publication or use or exploitation of this Video game, the EHE websites, or other materials, directly or indirectly, is strictly prohibited. Title to the Video game and all copies thereof remain the sole ownership of EHE. The Video game is trademarked and is protected by United States trademark laws and international treaty provisions. Licensee will not remove copyright notices from the Video game. Licensee agrees to prevent any unauthorized copying of the Video game. Except as expressly provided herein, EHE does not grant any express or implied right to you under EHE patents, copyrights, trademarks, or trade secret information.
Confidentiality
By accepting this agreement, you agree that the video game, code, design, gameplay, bugs, and other related items to this video game, provided to you by Escape Hatch Entertainment, LLC constitutes proprietary and confidential information of Escape Hatch Entertainment, LLC. You further agree that you will be the only authorized user and will not copy nor distribute this beta version. You agree not to transfer, copy, disclose, provide or otherwise make available such confidential information in any form to any third party without the prior written consent of Escape Hatch Entertainment, LLC. You agree to implement reasonable security measures to protect this confidential information and you shall use best efforts to maintain the security of the video game provided to you by EHE. You will use your best efforts to cooperate with and assist EHE with the identification and prevention of any unauthorized use, copying or disclosure of this video game or any portion thereof.
Updates and Support
The Beta is a pre-release version of the game and is not at the level of performance and compatibility of a final, generally available product offering. Therefore the Beta may not operate correctly and may be modified. EHE may provide updates to the Beta, but EHE shall have no obligation to provide updates or support services for the Beta.
License Limitations
This Agreement is subject to the limitations set forth within this Agreement. Any use of the Video game in violation of these terms will be regarded as an infringement of EHE’s copyrights in and to the Video game. You agree that you will not, under any condition:
(a) In whole or part, photocopy, separate, reproduce, copy, reverse engineer, translate, derive source code from, disassemble, modify, decompile, or otherwise attempt to derive the source code for this Video game;.
(b) Use cheats, automation software, hacks, mods or any other unauthorized third-party software designed to modify this Video game;
(c) Exploit this Video game in whole or part, including but limited to the game client, for any commercial purposes;
(d) Exploit or use this Video game at any cyber café, computer gaming center, or any other location-based site without the express written permission of EHE;
(e) Exploit any in-game currency, items or resources, in-game services in exchange for payment outside of the Video game
(f) Use any unauthorized third-party software that intercepts, collects, mines information from or through this Video game;
(g) Modify or create any derivative works or any files that are a part of this Video game or game client in any way;
(h) Host or provide matchmaking services for this Video game or emulate or redirect the communication protocols used by EHE in any way for any purpose; including but not limited to unauthorized play over the Internet or any networks;
(i) Facilitate or maintain any unauthorized connection to this Video game;
(j) Redistribute, sell, encumber, rent, lease, sublicense, permit, grant, or transfer license or reproduction of this Video game to any other party in any way;
(k) Transfer the Video game under any circumstances;
(l) Remove or alter any trademark, logo, copyright, or other proprietary notices, legends, symbols, or labels in the Video game;
(m) Publish any results of Beta to a third party without EHE’s prior written consent .
Content
You acknowledge that by using this software, you will have access to graphics, sound effects, music, animation-style video, content, layout, design, files, data, characters (and items and attributes association with characters), game objects and text (collectively, “Game Content”).
You acknowledge that EHE has the respective Game Content under copyright and other applicable laws, and that you accept full responsibility and liability for your use of any Game Content in violation of any such rights. EHE provides the right to use the Game Content for noncommercial, personal use, including in connection with creating noncommercial fan fiction or fan websites regarding the same.
You acknowledge and agree that you shall not reproduce, prepare derivative works based upon, distribute, publicly perform, or transmit any Game Content for commercial uses without first obtaining the express and written consent of EHE.
In the context, “derivative works based upon” is defined as any and all works that are similar in idea or expression to the Game Content. This pertains to things such as plot, story, theme, mood, setting, appearance, and characters. If you create such a work and it brings to mind the Game Content, then it is likely a derivative work of the Game Content and may not be used for commercial purposes.
Warranty
YOU ACKNOWLEDGE THAT THE BETA IS A PRE-RELEASE VERSION AND MAY CONTAIN ERRORS AND DEFECTS. THE VIDEO GAME, INFORMATION, CONTENT, SERVICES, AND DOCUMENTATION CONTAINED ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. EHE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. USE OF THIS VIDEO GAME IS AT YOUR SOLE RISK. WITHOUT LIMITATION OF THE FOREGOING, EHE EXPRESSLY DOES NOT WARRANT THAT THE VIDEO GAME WILL MEET YOUR REQUIREMENTS OR THAT OPERATION OF THE VIDEO GAME WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME RESPONSIBILITY FOR SELECTING THE VIDEO GAME TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE RESULTS OBTAINED FROM YOUR USE OF THE VIDEO GAME. YOU SHALL BEAR THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF THE VIDEO GAME.
Damages
To the maximum extent permitted by applicable law, in no event shall EHE be liable for any special, incidental, punitive, indirect, or consequential damages (including, but not limited to, damages for loss of profits, for personal injury, for loss of privacy, for failure to meet any duty including of good faith or of reasonable care, for negligence, and for any other pecuniary or other loss whatsoever) arising out of or in any way related to the use of or inability to use the Beta, the provision of or failure to provide support or other services, information and related content through the Beta or otherwise arising out of the use of the Beta, or otherwise under or in connection with any provision of this EULA, even in the event of the fault, tort (including negligence), misrepresentation, strict liability, breach of contract or breach of warranty of EHE, and even if EHE has been advised of the possibility of such damages.
Limitation of Liability
THE ENTIRE LIABILITY OF EHE AND YOUR EXCLUSIVE REMEDY HEREUNDER SHALL BE LIMITED TO THE ACTUAL DAMAGES YOU INCUR IN REASONABLE RELIANCE ON THE BETA UP TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE BETA. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION OR CLAIMS IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, INDEMNITY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND OTHER TORTS. IN NO EVENT SHALL EHE BE LIABLE TO YOU OR ANY PARTY RELATED TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LOST PROFITS, EVEN IF EHE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Term Of This Agreement
Your rights with respect to the Beta can terminate at any time without notice. Your rights can terminate upon the commercial release of the generally available Video game. Either party may terminate this Agreement at any time for any reason or no reason by providing the other party advance written notice thereof. Upon any expiration or termination of this Agreement, the rights and licenses granted to you under this Agreement shall immediately terminate, and you shall immediately cease using, and will return to EHE (or, at EHE' request, destroy), the Video game, Documentation, and all other tangible items in your possession or control that are proprietary to or contain Confidential Information.
Termination of Agreement
This Agreement is effective until terminated. You may terminate the Agreement at any time by:
(a) permanently destroying all installations of the Video game in your possession
(b) removing the game client from your hard drive
(c) notifying EHE of your intention to terminate this Agreement
EHE may terminate this Agreement at any time, for any reason, or for no reason. Upon termination for any reason, all licenses granted herein shall immediately terminate and you must immediately and permanently destroy all installations and copies of the game and remove the Game Client from your hard drive.
Governing Law and Choice of Forum
This Agreement shall be governed by and interpreted in accordance with the laws of the state of Texas, without regard to the conflicts of law rules thereof. Any claim or dispute arising in connection with this EULA shall be resolved in the federal or state courts situated within Texas. To the maximum extent permitted by law, you hereby consent to the jurisdiction and venue of such courts and waive any objections to the jurisdiction or venue of such courts.
Entire Agreement
This EULA constitutes the complete and exclusive agreement between you and EHE with respect to the subject matter hereof, and supersedes all prior or contemporaneous oral or written communications, proposals, representations, understandings or agreements not specifically incorporated herein. If any provision of this EULA is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.
Contact Information
Escape Hatch Entertainment, LLC
Starlight InceptionTM is a registered trademark video game of Escape Hatch Entertainment, LLC