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DEMON WAGON STUDIOS END USER LICENSE AGREEMENT
Jammin Technologies, LLC ("Demon Wagon Studios") is providing you a purchased Steam copy of Kraven Manor.
This end user license and software testing agreement (the “Agreement”), as may be amended by Demon Wagon Studios from time to time, is an agreement between you (“you” or “your”) and Demon Wagon Studios entered into as of the date you first accepted this Agreement (“Effective Date”). Please read the following terms and conditions very carefully. By clicking the “I AGREE” button below, you agree to all the terms and conditions of this Agreement. If you do not agree to the terms and conditions of this Agreement, do not click the “I AGREE” button. By downloading, installing, or using any portion of the Game, you agree to the all of the terms and conditions of this Agreement.
Accordingly, you agree and acknowledge as follows:
You are entering into this Agreement on a completely voluntary basis with no expectation of consideration, remuneration or any form of compensation from Demon Wagon Studios whatsoever other than what is expressly provided for in this Agreement;
You agree and acknowledge that you may need access to the Internet in order to access the Game, fees may apply, and that Demon Wagon Studios is not obligated to provide you with any access to the Internet or otherwise make the Game available to you or pay for or reimburse any applicable fees;
You acknowledge and agree that you have no interest or expectation of ownership or continued use or access in any achievements, scores, data, virtual items or other material or elements related to your use of the Game.
For purposes of clarity, reference in this Agreement to the term “authorized representatives” means and/or includes, without limitation, Demon Wagon Studios’s affiliated and related entities, business divisions and members, and each of their respective vendors, licensors, licensees, independent contractors, development partners, business partners, suppliers and third parties authorized by Demon Wagon Studios to work on or assist with any aspect of Demon Wagon Studios’s business, including, without limitation, the Game; and,
You further agree to all of the terms of this Agreement, including without limitation as set forth below.
License Terms.
1.1 License Grant. Demon Wagon Studios grants you the non-exclusive, non-transferable, non-assignable, revocable, and limited right to install the Game onto three computers for your personal use. You may not use, copy, modify, publish, transmit, broadcast, post, publicly perform or display, create derivative works of, sell, auction, loan, lease, rent, distribute, transfer or disclose all or any part of the Game except as expressly provided in this Agreement. All other rights are reserved to Demon Wagon Studios.
1.2 License Restrictions. You shall not:
(a) Sublicense to, transfer, network, transmit, distribute or permit use of the Game or any component or element thereof by any third party;
(b) Reverse engineer, decompile, or disassemble the Game or any component or element thereof including its associated software;
(c) Make copies of the Game other than one (1) copy for back-up purposes to be used solely as a replacement for the original copy, provided that you include on the back-up copy all copyright and other notices that are included on the Game and your use of such back-up copy shall be subject to this Agreement.
1.3 Indemnification. You hereby agree to indemnify, defend and hold harmless Demon Wagon Studios from and against any losses, liabilities, claims, obligations, costs and/or expenses (including reasonable legal fees) which result from, arise out of or in connection with your use of the Game and all other services or activities related thereto in violation of this Agreement.
2. Confidentiality; Limitations.
2.1 Any and all non-public information received by you about the business or finances of Demon Wagon Studios including, without limitation, all information about (or relating to) the Game or any potential Games, software, code, documentation, products, services, technology, business plans, existing or proposed projects, and trade secrets of Demon Wagon Studios in whatever form, from whatever source and whenever such information is received by you, is confidential and is collectively referred to in this Agreement as "Confidential Information." Notwithstanding the foregoing, the term "Confidential Information" shall not include information, which becomes publicly available without violation of this Agreement or by any fault of any party to this Agreement.
2.2 You agree that you will not: (i) make private copies of the Game; (ii) provide access to the Game to third parties; (iii) reverse engineer, modify files, bypass or otherwise circumvent the digital rights management systems (DRM) or any other security or content protection system used in connection with the Game, or bypass time bombs by changing their system clocks; (iv) make any disparaging comments about the Game, the developers or the publisher; or (v) make any modifications or additions to the Game except with Demon Wagon Studios’s prior written approval.
2.3 You also agree that you will not at any time for a period of two (2) years after reviewing the Game (i) use any Confidential Information for any other purpose; (ii) use any Confidential Information for self-promotion or (iii) discuss, disclose or otherwise transfer any Confidential Information to any person or entity.
2.4 You acknowledge that any breach of this Section 2 will result in material adverse consequences and material damages to Demon Wagon Studios and as such if you breach this Agreement, you agree to pay liquidated damages (which are the best estimate you and Demon Wagon Studios have of the damages such breach will cause) to Demon Wagon Studios in the amount of damages caused by such breach by you.
2.5 You agree that Demon Wagon Studios’s Confidential Information shall at all times remain its property.
2.6 You also agree and acknowledge that no representations or warranties whatsoever, express or implied, as to the accuracy or completeness of the Confidential Information HAVE BEEN made by OR ON BEHALF OF DEMON WAGON STUDIOS and DEMON WAGON STUDIOS HEREBY disclaims all implied warranties of non-infringement, merchantability and fitness for a particular purpose. You acknowledge and agree that neither Demon Wagon Studios nor any of its shareholders, directors, officers, employees, authorized representatives or professional advisors will have any liability to you resulting from your use of the Confidential Information or from any errors or omissions in the Confidential Information.
3. Ownership. Except for the revocable, limited license expressly granted hereunder, Demon Wagon Studios retains all rights, title and interests in and to the Game. The Game is copyrighted and is protected by United States copyright laws and international treaty provisions. You acknowledge that the Game contains valuable trade secrets of Demon Wagon Studios, and Demon Wagon Studios owns and or controls all intellectual property rights in and to the Game, including, without limitation, all patent rights, copyrights, inventions, trade secret rights, trade dress rights, trademark rights and any intellectual property rights therein and thereto that are related to the aforementioned. You may not remove the copyright and other proprietary rights notices from the Game. You agree to prevent any unauthorized copying or distribution of the Game. Except for the license expressly provided herein, Demon Wagon Studios does not grant you any express or implied right in any patents, copyrights, trademarks, or trade secret information of Demon Wagon Studios. For purposes of this Agreement, "Derivatives" means: (a) for copyrightable or copyrighted material, any translation, abridgment, revision or other form in which an existing work may be recast, transformed or adapted; (b) for patentable or patented material, any improvement theme; (c) for material which is protected by trade secret, any new material derived from such existing trade secret material, including new material which may be protected under copyright, patent and/or trade secret laws; (d) any and all other intellectual property; and (e) any and all intellectual property rights in and to the aforementioned (a), (b), (c) and (d). To the extent that any of the rights assigned herein cannot presently be assigned under applicable law, you agree to assign such rights at such time as the rights are capable of being assigned. You agree at Demon Wagon Studios’s request to execute such further documents and to do such further acts as may be necessary or desirable to document, perfect, register or enforce Demon Wagon Studios’s ownership of any of the rights, title and/or interests hereunder, in whole or in part. If you fail, delay or refuse to execute any such documents, you hereby appoint Demon Wagon Studios as your attorney-in-fact, which appointment is coupled with an interest and is irrevocable, to act on your behalf and to execute, deliver, record and file such documents. The rights granted, assigned and/or to be assigned by you hereunder are granted for the entire universe and shall inure in perpetuity, and, as set forth above, no further consideration shall be payable to you or any of your heirs or assigns at anytime in connection therewith. To the extent such rights are not conferred by applicable law or otherwise not capable of being assigned, you hereby grant Demon Wagon Studios and its affiliates and their respective successors and assigns an exclusive, assignable, irrevocable, fully paid, royalty-free license to all such rights (including, without limitation, all feedback, and suggestions with respect to the Game) in perpetuity and throughout the universe.
4. Injunctive Relief. You acknowledge and agree that a breach or threatened breach of any covenant contained in this Agreement would result in irreparable harm to Demon Wagon Studios for which money damages would be insufficient, and Demon Wagon Studios shall be entitled to obtain injunctive relief without bond or other form of security, or if a bond or other form of security is required under applicable law, on the posting of a bond or security in an amount not to exceed Fifty Thousand United States dollars (US$50,000.00).
5. No Warranty; No Liability For Damages.
5.1 No Warranty. YOU ACKNOWLEDGE THAT THE GAME MAY WELL CONTAIN ERRORS AND DEFECTS AND YOUR USE OF THE GAME IS AT YOUR SOLE RISK. THE GAME IS PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING, WITHOUT LIMITATION, WARRANTIES OF SATISFACTORY QUALITY, SECURITY, MERCHANTABILITY, PERFORMANCE, NONINFRINGEMENT OF THIRD-PARTY INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. THE GAME AND ASSOCIATED DOCUMENTATION MAY CONTAIN DEFECTS, FAIL TO COMPLY WITH APPLICABLE SPECIFICATIONS, AND PRODUCE UNINTENDED OR ERRONEOUS RESULTS WHEN OPERATED IN COMBINATION WITH OTHER PRODUCTS.
5.2 No Liability For Damages. IN NO EVENT SHALL DEMON WAGON STUDIOS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER DAMAGES, OR LOST PROFITS, DATA OR BUSINESS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE GAME OR THE ASSOCIATED DOCUMENTATION OR THIS AGREEMENT, AND/OR ANY DEFECT IN THE GAME OR THE ASSOCIATED DOCUMENTATION, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Miscellaneous.
6.1 Survival. The provisions of this Agreement, other than the first sentence of Section 1.1 and Section 1.4, shall continue in full force and effect.
6.2 Governing Law; Jurisdiction. This Agreement shall be governed by and construed and enforced in accordance with the laws of the United States of America and the State of Texas excluding and without giving effect to conflict of law rules and principles. Both parties submit to personal jurisdiction in Texas and further agree that any cause of action relating to this Agreement shall be brought in the applicable state or federal court for Harris County, Texas and such courts shall have exclusive jurisdiction to determine the validity, construction and performance of this Agreement and the legal relations between the parties hereto. You hereby waive any claim that such venue is improper or inconvenient. Any action to enforce the terms hereof will be in a single action and may not be combined with any other action including, without limitation, as a class-action.
6.3 Severability. If any provision of this Agreement shall be held invalid or unenforceable, in whole or in part, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, and the validity and enforceability of all other provisions of this Agreement shall not be affected thereby.
6.4 Entire Agreement. This Agreement constitutes the entire agreement between the parties hereto relating to the subject matter hereof and supersedes all prior oral and written and all contemporaneous oral negotiations, commitments and understandings of the parties. Demon Wagon Studios may amend this Agreement from time to time and will endeavor to provide you with notice (which may include, without limitation, a post on Demon Wagon Studios’s website).
6.5 Export Controls. The parties agree to comply with all export laws, restrictions, national security controls and regulations of the United States or other applicable national or foreign agency or authority, and not to export or re-export, or allow the export or re-export of any proprietary information or any copy or direct product thereof in violation of any such restrictions, laws or regulations. You represent and warrant that (a) you are not located in a country that is subject to a United States Government embargo or that has been designated by the United States Government as a “terrorist supporting” country, and (b) you are not listed on any United States Government list of prohibited or restricted parties. Without limiting the foregoing, you may not download, use or otherwise export or re-export the Game, including, without limitation, any software firmware, hardware, application program interface specifications, or features provided by Demon Wagon Studios except in full compliance with all applicable laws, rules and regulations. Demon Wagon Studios may update the Game remotely, including, without limitation, as it resides on your machine, without your knowledge or consent, and you hereby grant to Demon Wagon Studios your consent to deploy and apply patches, updates and modifications to the Game.
Jammin Technologies, LLC ("Demon Wagon Studios") is providing you a purchased Steam copy of Kraven Manor.
This end user license and software testing agreement (the “Agreement”), as may be amended by Demon Wagon Studios from time to time, is an agreement between you (“you” or “your”) and Demon Wagon Studios entered into as of the date you first accepted this Agreement (“Effective Date”). Please read the following terms and conditions very carefully. By clicking the “I AGREE” button below, you agree to all the terms and conditions of this Agreement. If you do not agree to the terms and conditions of this Agreement, do not click the “I AGREE” button. By downloading, installing, or using any portion of the Game, you agree to the all of the terms and conditions of this Agreement.
Accordingly, you agree and acknowledge as follows:
You are entering into this Agreement on a completely voluntary basis with no expectation of consideration, remuneration or any form of compensation from Demon Wagon Studios whatsoever other than what is expressly provided for in this Agreement;
You agree and acknowledge that you may need access to the Internet in order to access the Game, fees may apply, and that Demon Wagon Studios is not obligated to provide you with any access to the Internet or otherwise make the Game available to you or pay for or reimburse any applicable fees;
You acknowledge and agree that you have no interest or expectation of ownership or continued use or access in any achievements, scores, data, virtual items or other material or elements related to your use of the Game.
For purposes of clarity, reference in this Agreement to the term “authorized representatives” means and/or includes, without limitation, Demon Wagon Studios’s affiliated and related entities, business divisions and members, and each of their respective vendors, licensors, licensees, independent contractors, development partners, business partners, suppliers and third parties authorized by Demon Wagon Studios to work on or assist with any aspect of Demon Wagon Studios’s business, including, without limitation, the Game; and,
You further agree to all of the terms of this Agreement, including without limitation as set forth below.
License Terms.
1.1 License Grant. Demon Wagon Studios grants you the non-exclusive, non-transferable, non-assignable, revocable, and limited right to install the Game onto three computers for your personal use. You may not use, copy, modify, publish, transmit, broadcast, post, publicly perform or display, create derivative works of, sell, auction, loan, lease, rent, distribute, transfer or disclose all or any part of the Game except as expressly provided in this Agreement. All other rights are reserved to Demon Wagon Studios.
1.2 License Restrictions. You shall not:
(a) Sublicense to, transfer, network, transmit, distribute or permit use of the Game or any component or element thereof by any third party;
(b) Reverse engineer, decompile, or disassemble the Game or any component or element thereof including its associated software;
(c) Make copies of the Game other than one (1) copy for back-up purposes to be used solely as a replacement for the original copy, provided that you include on the back-up copy all copyright and other notices that are included on the Game and your use of such back-up copy shall be subject to this Agreement.
1.3 Indemnification. You hereby agree to indemnify, defend and hold harmless Demon Wagon Studios from and against any losses, liabilities, claims, obligations, costs and/or expenses (including reasonable legal fees) which result from, arise out of or in connection with your use of the Game and all other services or activities related thereto in violation of this Agreement.
2. Confidentiality; Limitations.
2.1 Any and all non-public information received by you about the business or finances of Demon Wagon Studios including, without limitation, all information about (or relating to) the Game or any potential Games, software, code, documentation, products, services, technology, business plans, existing or proposed projects, and trade secrets of Demon Wagon Studios in whatever form, from whatever source and whenever such information is received by you, is confidential and is collectively referred to in this Agreement as "Confidential Information." Notwithstanding the foregoing, the term "Confidential Information" shall not include information, which becomes publicly available without violation of this Agreement or by any fault of any party to this Agreement.
2.2 You agree that you will not: (i) make private copies of the Game; (ii) provide access to the Game to third parties; (iii) reverse engineer, modify files, bypass or otherwise circumvent the digital rights management systems (DRM) or any other security or content protection system used in connection with the Game, or bypass time bombs by changing their system clocks; (iv) make any disparaging comments about the Game, the developers or the publisher; or (v) make any modifications or additions to the Game except with Demon Wagon Studios’s prior written approval.
2.3 You also agree that you will not at any time for a period of two (2) years after reviewing the Game (i) use any Confidential Information for any other purpose; (ii) use any Confidential Information for self-promotion or (iii) discuss, disclose or otherwise transfer any Confidential Information to any person or entity.
2.4 You acknowledge that any breach of this Section 2 will result in material adverse consequences and material damages to Demon Wagon Studios and as such if you breach this Agreement, you agree to pay liquidated damages (which are the best estimate you and Demon Wagon Studios have of the damages such breach will cause) to Demon Wagon Studios in the amount of damages caused by such breach by you.
2.5 You agree that Demon Wagon Studios’s Confidential Information shall at all times remain its property.
2.6 You also agree and acknowledge that no representations or warranties whatsoever, express or implied, as to the accuracy or completeness of the Confidential Information HAVE BEEN made by OR ON BEHALF OF DEMON WAGON STUDIOS and DEMON WAGON STUDIOS HEREBY disclaims all implied warranties of non-infringement, merchantability and fitness for a particular purpose. You acknowledge and agree that neither Demon Wagon Studios nor any of its shareholders, directors, officers, employees, authorized representatives or professional advisors will have any liability to you resulting from your use of the Confidential Information or from any errors or omissions in the Confidential Information.
3. Ownership. Except for the revocable, limited license expressly granted hereunder, Demon Wagon Studios retains all rights, title and interests in and to the Game. The Game is copyrighted and is protected by United States copyright laws and international treaty provisions. You acknowledge that the Game contains valuable trade secrets of Demon Wagon Studios, and Demon Wagon Studios owns and or controls all intellectual property rights in and to the Game, including, without limitation, all patent rights, copyrights, inventions, trade secret rights, trade dress rights, trademark rights and any intellectual property rights therein and thereto that are related to the aforementioned. You may not remove the copyright and other proprietary rights notices from the Game. You agree to prevent any unauthorized copying or distribution of the Game. Except for the license expressly provided herein, Demon Wagon Studios does not grant you any express or implied right in any patents, copyrights, trademarks, or trade secret information of Demon Wagon Studios. For purposes of this Agreement, "Derivatives" means: (a) for copyrightable or copyrighted material, any translation, abridgment, revision or other form in which an existing work may be recast, transformed or adapted; (b) for patentable or patented material, any improvement theme; (c) for material which is protected by trade secret, any new material derived from such existing trade secret material, including new material which may be protected under copyright, patent and/or trade secret laws; (d) any and all other intellectual property; and (e) any and all intellectual property rights in and to the aforementioned (a), (b), (c) and (d). To the extent that any of the rights assigned herein cannot presently be assigned under applicable law, you agree to assign such rights at such time as the rights are capable of being assigned. You agree at Demon Wagon Studios’s request to execute such further documents and to do such further acts as may be necessary or desirable to document, perfect, register or enforce Demon Wagon Studios’s ownership of any of the rights, title and/or interests hereunder, in whole or in part. If you fail, delay or refuse to execute any such documents, you hereby appoint Demon Wagon Studios as your attorney-in-fact, which appointment is coupled with an interest and is irrevocable, to act on your behalf and to execute, deliver, record and file such documents. The rights granted, assigned and/or to be assigned by you hereunder are granted for the entire universe and shall inure in perpetuity, and, as set forth above, no further consideration shall be payable to you or any of your heirs or assigns at anytime in connection therewith. To the extent such rights are not conferred by applicable law or otherwise not capable of being assigned, you hereby grant Demon Wagon Studios and its affiliates and their respective successors and assigns an exclusive, assignable, irrevocable, fully paid, royalty-free license to all such rights (including, without limitation, all feedback, and suggestions with respect to the Game) in perpetuity and throughout the universe.
4. Injunctive Relief. You acknowledge and agree that a breach or threatened breach of any covenant contained in this Agreement would result in irreparable harm to Demon Wagon Studios for which money damages would be insufficient, and Demon Wagon Studios shall be entitled to obtain injunctive relief without bond or other form of security, or if a bond or other form of security is required under applicable law, on the posting of a bond or security in an amount not to exceed Fifty Thousand United States dollars (US$50,000.00).
5. No Warranty; No Liability For Damages.
5.1 No Warranty. YOU ACKNOWLEDGE THAT THE GAME MAY WELL CONTAIN ERRORS AND DEFECTS AND YOUR USE OF THE GAME IS AT YOUR SOLE RISK. THE GAME IS PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING, WITHOUT LIMITATION, WARRANTIES OF SATISFACTORY QUALITY, SECURITY, MERCHANTABILITY, PERFORMANCE, NONINFRINGEMENT OF THIRD-PARTY INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. THE GAME AND ASSOCIATED DOCUMENTATION MAY CONTAIN DEFECTS, FAIL TO COMPLY WITH APPLICABLE SPECIFICATIONS, AND PRODUCE UNINTENDED OR ERRONEOUS RESULTS WHEN OPERATED IN COMBINATION WITH OTHER PRODUCTS.
5.2 No Liability For Damages. IN NO EVENT SHALL DEMON WAGON STUDIOS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER DAMAGES, OR LOST PROFITS, DATA OR BUSINESS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE GAME OR THE ASSOCIATED DOCUMENTATION OR THIS AGREEMENT, AND/OR ANY DEFECT IN THE GAME OR THE ASSOCIATED DOCUMENTATION, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Miscellaneous.
6.1 Survival. The provisions of this Agreement, other than the first sentence of Section 1.1 and Section 1.4, shall continue in full force and effect.
6.2 Governing Law; Jurisdiction. This Agreement shall be governed by and construed and enforced in accordance with the laws of the United States of America and the State of Texas excluding and without giving effect to conflict of law rules and principles. Both parties submit to personal jurisdiction in Texas and further agree that any cause of action relating to this Agreement shall be brought in the applicable state or federal court for Harris County, Texas and such courts shall have exclusive jurisdiction to determine the validity, construction and performance of this Agreement and the legal relations between the parties hereto. You hereby waive any claim that such venue is improper or inconvenient. Any action to enforce the terms hereof will be in a single action and may not be combined with any other action including, without limitation, as a class-action.
6.3 Severability. If any provision of this Agreement shall be held invalid or unenforceable, in whole or in part, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, and the validity and enforceability of all other provisions of this Agreement shall not be affected thereby.
6.4 Entire Agreement. This Agreement constitutes the entire agreement between the parties hereto relating to the subject matter hereof and supersedes all prior oral and written and all contemporaneous oral negotiations, commitments and understandings of the parties. Demon Wagon Studios may amend this Agreement from time to time and will endeavor to provide you with notice (which may include, without limitation, a post on Demon Wagon Studios’s website).
6.5 Export Controls. The parties agree to comply with all export laws, restrictions, national security controls and regulations of the United States or other applicable national or foreign agency or authority, and not to export or re-export, or allow the export or re-export of any proprietary information or any copy or direct product thereof in violation of any such restrictions, laws or regulations. You represent and warrant that (a) you are not located in a country that is subject to a United States Government embargo or that has been designated by the United States Government as a “terrorist supporting” country, and (b) you are not listed on any United States Government list of prohibited or restricted parties. Without limiting the foregoing, you may not download, use or otherwise export or re-export the Game, including, without limitation, any software firmware, hardware, application program interface specifications, or features provided by Demon Wagon Studios except in full compliance with all applicable laws, rules and regulations. Demon Wagon Studios may update the Game remotely, including, without limitation, as it resides on your machine, without your knowledge or consent, and you hereby grant to Demon Wagon Studios your consent to deploy and apply patches, updates and modifications to the Game.