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Tomkorp Computer Solutions Inc. ("Tomkorp") IS WILLING TO DISTRIBUTE THE SOFTWARE IDENTIFIED BELOW TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS LICENSE AGREEMENT AND SUPPLEMENTAL LICENSE TERMS (COLLECTIVELY "AGREEMENT"). PLEASE READ THE AGREEMENT CAREFULLY. BY DOWNLOADING OR INSTALLING THIS SOFTWARE, YOU ACCEPT THE TERMS OF THE AGREEMENT. INDICATE ACCEPTANCE BY SELECTING THE "ACCEPT" BUTTON AT THE BOTTOM OF THE AGREEMENT. IF YOU ARE NOT WILLING TO BE BOUND BY ALL THE TERMS, DO NOT CONTINUE WITH THE INSTALLATION..
1. DEFINITIONS. "Software" means the identified above in binary form, any other machine readable materials (including, but not limited to, libraries, source files, header files, and data files), any updates or error corrections provided by Tomkorp, and any user manuals, programming guides and other documentation provided to you by Tomkorp under this Agreement.
2. LICENSE TO USE. Subject to the terms and conditions of this Agreement Tomkorp grants you a non-exclusive, non-transferable, limited license without license fees to use for personal use only.
3. RESTRICTIONS. Software is confidential and copyrighted. Title to Software and all associated intellectual property rights is retained by Tomkorp and/or its licensors. Unless enforcement is prohibited by applicable law, you may not modify, decompile, or reverse engineer Software. Tomkorp Computer Solutions Inc. disclaims any express or implied warranty of fitness for such uses. No right, title or interest in or to any trademark, service mark, logo or trade name of Tomkorp or its licensors is granted under this Agreement. Additional restrictions for developers and/or publishers licenses are set forth in the Supplemental License Terms.
4. LIMITED WARRANTY. Tomkorp warrants to you that Software is provided "AS IS".
5. DISCLAIMER OF WARRANTY. Unless specified in this agreement, all express or implied conditions, representations and warranties, including any implied warranty or merchantability , fitness for a particular purpose or non-infringement are disclaimed, except to the extent that these disclaimers are held to be legally invalid.
6. LIMIT OF LIABILITY: in no event will Tomkorp Computer Solutions Inc. be liable to you for any loss of use, interruption of business, or any direct, indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), strict product liability or otherwise, even if Tomkorp has been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
7. TERMINATION. This Agreement is effective until terminated. You may terminate this Agreement at any time by destroying all copies of Software. This Agreement will terminate immediately without notice from Tomkorp if you fail to comply with any provision of this Agreement. Either party may terminate this Agreement immediately should any Software become, or in either party's opinion be likely to become, the subject of a claim of infringement of any intellectual property right. Upon Termination, you must destroy all copies of Software.
8. TRADEMARKS AND LOGOS. You acknowledge and agree as between you and Tomkorp that Tomkorp owns the Clones and Tomkorp trademarks and all Clones and Tomkorp-related trademarks, service marks, logos and other brand designations ("Tomkorp Marks"), Any use you make of the Tomkorp Marks inures to Tomkorp's benefit.
9. GOVERNING LAW. Any action related to this Agreement will be governed by Manitoba law and controlling Canadian Federal law. No choice of law rules of any jurisdiction will apply.
10. SEVERABILITY. If any provision of this Agreement is held to be unenforceable, this Agreement will remain in effect with the provision omitted, unless omission would frustrate the intent of the parties, in which case this Agreement will immediately terminate.
11. INTEGRATION. This Agreement is the entire agreement between you and Tomkorp relating to its subject matter. It supersedes all prior or contemporaneous oral or written communications, proposals, representations and warranties and prevails over any conflicting or additional terms of any quote, order, acknowledgment, or other communication between the parties relating to its subject matter during the term of this Agreement. No modification of this Agreement will be binding, unless in writing and signed by an authorized representative of each party.
12. RESERVATION OF RIGHTS. You have purchased a license to the Software and your rights are subject to this License. Except as expressly licensed to you herein, Tomkorp reserves all right, title and interest in the Software (including all characters, storyline, images, photographs, graphics, animations, video, music, text), and all associated copyrights, trademarks, and other intellectual property rights therein. This License is limited to the intellectual property rights of Tomkorp and its licensors in the Software and does not include any rights to other patents or intellectual property. Except to the extent permitted under applicable law, you may not decompile, disassemble, or reverse engineer the Software by any means whatsoever. You may not remove, alter, or obscure any product identification, copyright, or other intellectual property notices in the Software. Tomkorp owns all of the right, title and interest in the Software; to the assets included in the Software for building levels and for creating backgrounds and video clips; and to all derivative works comprised of those assets, including the levels that you create, animate, and capture in screen shots or video clips using the Clones Level Editor. You may use only the assets supplied with the Software and the Clones Level Editor to create Clones levels and related assets. You may not further modify Clones levels with any other materials, tools, or software programs. All rights not expressly granted herein, are reserved by Tomkorp.
13. YOUR CONTRIBUTIONS. In exchange for use of the Software, and to the extent that your contributions through use of the Software give rise to any copyright interest, you hereby grant Tomkorp an exclusive, perpetual, irrevocable, fully transferable and sub-licensable worldwide right and license to use your contributions in any way and for any purpose in connection with the Software and related goods and services, including the rights to reproduce, copy, adapt, modify, perform, display, publish, broadcast, transmit, or otherwise communicate to the public by any means whether now known or unknown and distribute your contributions without any further notice or compensation to you of any kind for the whole duration of protection granted to intellectual property rights by applicable laws and international conventions. You hereby waive any moral rights of paternity, publication, reputation, or attribution with respect to Tomkorp’s and other players’ use and enjoyment of such assets in connection with the Software and related goods and services under applicable law. This license grant to Tomkorp, and the above waiver of any applicable moral rights, survives any termination of this License.
14. CONSENT TO USE OF DATA. To facilitate technical protection measures, the provision of software updates and any dynamically served content, and product support and other services to you, including online play, you agree that Tomkorp and its affiliates may collect, use, store and transmit technical and related information that identifies your computer (including an Internet Protocol Address and hardware identification), operating system and application software and peripheral hardware. Tomkorp and its affiliates may also use this information in the aggregate, in a form which does not personally identify you, to improve our products and services and we may share anonymous aggregate data with our third party service providers.
15. CONSENT TO PUBLIC DISPLAY OF DATA. Tomkorp and its affiliates may collect, use, store, transmit and publicly display statistical data regarding game play (including scores, rankings and achievements), or identify content that is created and shared by you with other players. Data that personally identifies you is collected, used, stored and transmitted in accordance with Tomkorp’s Privacy Policy located online at http://clonesgame.com/privacy-policy.
SUPPLEMENTAL LICENSE TERMS
These Supplemental License Terms add to or modify the terms of the License Agreement. Capitalized terms not defined in these Supplemental Terms shall have the same meanings ascribed to them in the License Agreement . These Supplemental Terms shall supersede any inconsistent or conflicting terms in the License Agreement, or in any license contained within the Software.
A. License to Distribute Software. Subject to the terms and conditions of this Agreement, Tomkorp grants you a non-exclusive, non-transferable, limited license without fees for personal use only,
B. Source Code. Software may contain source code that, unless expressly licensed for other purposes, is provided solely for reference purposes pursuant to the terms of this Agreement. Source code may not be redistributed.
For inquiries please contact: Tomkorp Computer Solutions Inc. www.tomkorp.com
1. DEFINITIONS. "Software" means the identified above in binary form, any other machine readable materials (including, but not limited to, libraries, source files, header files, and data files), any updates or error corrections provided by Tomkorp, and any user manuals, programming guides and other documentation provided to you by Tomkorp under this Agreement.
2. LICENSE TO USE. Subject to the terms and conditions of this Agreement Tomkorp grants you a non-exclusive, non-transferable, limited license without license fees to use for personal use only.
3. RESTRICTIONS. Software is confidential and copyrighted. Title to Software and all associated intellectual property rights is retained by Tomkorp and/or its licensors. Unless enforcement is prohibited by applicable law, you may not modify, decompile, or reverse engineer Software. Tomkorp Computer Solutions Inc. disclaims any express or implied warranty of fitness for such uses. No right, title or interest in or to any trademark, service mark, logo or trade name of Tomkorp or its licensors is granted under this Agreement. Additional restrictions for developers and/or publishers licenses are set forth in the Supplemental License Terms.
4. LIMITED WARRANTY. Tomkorp warrants to you that Software is provided "AS IS".
5. DISCLAIMER OF WARRANTY. Unless specified in this agreement, all express or implied conditions, representations and warranties, including any implied warranty or merchantability , fitness for a particular purpose or non-infringement are disclaimed, except to the extent that these disclaimers are held to be legally invalid.
6. LIMIT OF LIABILITY: in no event will Tomkorp Computer Solutions Inc. be liable to you for any loss of use, interruption of business, or any direct, indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), strict product liability or otherwise, even if Tomkorp has been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
7. TERMINATION. This Agreement is effective until terminated. You may terminate this Agreement at any time by destroying all copies of Software. This Agreement will terminate immediately without notice from Tomkorp if you fail to comply with any provision of this Agreement. Either party may terminate this Agreement immediately should any Software become, or in either party's opinion be likely to become, the subject of a claim of infringement of any intellectual property right. Upon Termination, you must destroy all copies of Software.
8. TRADEMARKS AND LOGOS. You acknowledge and agree as between you and Tomkorp that Tomkorp owns the Clones and Tomkorp trademarks and all Clones and Tomkorp-related trademarks, service marks, logos and other brand designations ("Tomkorp Marks"), Any use you make of the Tomkorp Marks inures to Tomkorp's benefit.
9. GOVERNING LAW. Any action related to this Agreement will be governed by Manitoba law and controlling Canadian Federal law. No choice of law rules of any jurisdiction will apply.
10. SEVERABILITY. If any provision of this Agreement is held to be unenforceable, this Agreement will remain in effect with the provision omitted, unless omission would frustrate the intent of the parties, in which case this Agreement will immediately terminate.
11. INTEGRATION. This Agreement is the entire agreement between you and Tomkorp relating to its subject matter. It supersedes all prior or contemporaneous oral or written communications, proposals, representations and warranties and prevails over any conflicting or additional terms of any quote, order, acknowledgment, or other communication between the parties relating to its subject matter during the term of this Agreement. No modification of this Agreement will be binding, unless in writing and signed by an authorized representative of each party.
12. RESERVATION OF RIGHTS. You have purchased a license to the Software and your rights are subject to this License. Except as expressly licensed to you herein, Tomkorp reserves all right, title and interest in the Software (including all characters, storyline, images, photographs, graphics, animations, video, music, text), and all associated copyrights, trademarks, and other intellectual property rights therein. This License is limited to the intellectual property rights of Tomkorp and its licensors in the Software and does not include any rights to other patents or intellectual property. Except to the extent permitted under applicable law, you may not decompile, disassemble, or reverse engineer the Software by any means whatsoever. You may not remove, alter, or obscure any product identification, copyright, or other intellectual property notices in the Software. Tomkorp owns all of the right, title and interest in the Software; to the assets included in the Software for building levels and for creating backgrounds and video clips; and to all derivative works comprised of those assets, including the levels that you create, animate, and capture in screen shots or video clips using the Clones Level Editor. You may use only the assets supplied with the Software and the Clones Level Editor to create Clones levels and related assets. You may not further modify Clones levels with any other materials, tools, or software programs. All rights not expressly granted herein, are reserved by Tomkorp.
13. YOUR CONTRIBUTIONS. In exchange for use of the Software, and to the extent that your contributions through use of the Software give rise to any copyright interest, you hereby grant Tomkorp an exclusive, perpetual, irrevocable, fully transferable and sub-licensable worldwide right and license to use your contributions in any way and for any purpose in connection with the Software and related goods and services, including the rights to reproduce, copy, adapt, modify, perform, display, publish, broadcast, transmit, or otherwise communicate to the public by any means whether now known or unknown and distribute your contributions without any further notice or compensation to you of any kind for the whole duration of protection granted to intellectual property rights by applicable laws and international conventions. You hereby waive any moral rights of paternity, publication, reputation, or attribution with respect to Tomkorp’s and other players’ use and enjoyment of such assets in connection with the Software and related goods and services under applicable law. This license grant to Tomkorp, and the above waiver of any applicable moral rights, survives any termination of this License.
14. CONSENT TO USE OF DATA. To facilitate technical protection measures, the provision of software updates and any dynamically served content, and product support and other services to you, including online play, you agree that Tomkorp and its affiliates may collect, use, store and transmit technical and related information that identifies your computer (including an Internet Protocol Address and hardware identification), operating system and application software and peripheral hardware. Tomkorp and its affiliates may also use this information in the aggregate, in a form which does not personally identify you, to improve our products and services and we may share anonymous aggregate data with our third party service providers.
15. CONSENT TO PUBLIC DISPLAY OF DATA. Tomkorp and its affiliates may collect, use, store, transmit and publicly display statistical data regarding game play (including scores, rankings and achievements), or identify content that is created and shared by you with other players. Data that personally identifies you is collected, used, stored and transmitted in accordance with Tomkorp’s Privacy Policy located online at http://clonesgame.com/privacy-policy.
SUPPLEMENTAL LICENSE TERMS
These Supplemental License Terms add to or modify the terms of the License Agreement. Capitalized terms not defined in these Supplemental Terms shall have the same meanings ascribed to them in the License Agreement . These Supplemental Terms shall supersede any inconsistent or conflicting terms in the License Agreement, or in any license contained within the Software.
A. License to Distribute Software. Subject to the terms and conditions of this Agreement, Tomkorp grants you a non-exclusive, non-transferable, limited license without fees for personal use only,
B. Source Code. Software may contain source code that, unless expressly licensed for other purposes, is provided solely for reference purposes pursuant to the terms of this Agreement. Source code may not be redistributed.
For inquiries please contact: Tomkorp Computer Solutions Inc. www.tomkorp.com