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END USERS LICENCE AGREEMENT
Please read the following terms and conditions carefully before playing this game. BY INSTALLING “Sneaker” YOU ARE ACKNOWLEDGING THAT YOU HAVE READ THIS EULA, AGREE TO ITS TERMS AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS, PROMPTLY DISCONTINUE THE INSTALLATION PROCESS AND CEASE ANY AND ALL USE OF THIS SOFTWARE.
1. Limited Use License
“Sneaker” and any files that are provided with it by digital distribution or on tangible media, as well as any printed materials, patches or updates, contains copyrighted material, trade secrets and other proprietary material of Threebeak Pty Ltd and its licensors, licensees and suppliers. “Sneaker” is licensed to you for your use. This license is a non exclusive limited license to install and use “Sneaker” for yourself. Your continuing license to use “Sneaker” is conditioned on your compliance with this EULA. If you are found to be in violation of any of the terms of this EULA, your right to use “Sneaker” will be void, without any prior or further notification from Threebeak Pty Ltd or anyone else. Once your license is terminated, you will be obliged to immediately uninstall “Sneaker” and all of its components.
2. Commercial Exploitation.
You may not use “Sneaker”, or any Mods created for or from “Sneaker” or any other tools provided with “Sneaker”, for any commercial purposes without the prior written consent of Threebeak Pty Ltd or its authorized licensees including, but not limited to, the following rules:
1. If you are the proprietor of an Internet café or gaming room, you may operate the “Sneaker” in a “pay for play” environment provided that all computers used have a validly licensed copy of “Sneaker” installed and such licenses having been properly purchased through one of our licensees.
2. You may not, without prior written consent from Threebeak Pty Ltd, operate “Sneaker” in any gaming contest where (a) the cash value of all winnings and prizes paid throughout the entire competition is equal to or greater than US$10,000.00 or (b) the name of the event, or any individual contest therein, incorporates or approximates the name of a company, product or commercial service or (c) any company has provided, whether donated or as sponsorship any prizes, products or services worth with a fair market value of over US$20,000.00.
3. Restrictions on Use
The following usages of “Sneaker” are not covered under this EULA and breaking these restrictions will be considered a breach of this EULA. Here is a list of restrictions regarding your use of “Sneaker” under this EULA:
$ You may not decompile, modify, reverse engineer, prepare derivative works based on “Sneaker”, disassemble or otherwise reproduce “Sneaker”.
$ Except as set forth herein, you may not rent, sell, lease, barter, sublicense or distribute “Sneaker”. You may not delete the copyright notices or any other proprietary legends on the original copy of “Sneaker”.
$ You may not offer “Sneaker” on a pay per play basis or otherwise commercially exploit “Sneaker” or use “Sneaker” for any commercial purpose except as described in this agreement.
$ You may not electronically transmit “Sneaker” from one computer to another or over a network except as described in this agreement.
4. Copyright.
“Sneaker” and all copyrights, trademarks and all other conceivable intellectual property rights related to the “Sneaker” are owned by Threebeak Pty Ltd or its licensors, licensees or suppliers and are protected by Australian copyrights laws, international treaty provisions, and all applicable laws. “Sneaker” must be treated like any other copyrighted material. Please do not make unauthorized copies. “Sneaker” was created through the efforts of people who earn their livelihood from its lawful use. Please don’t make copies for others who have not paid for the right to use it.
5. Disclaimer of Warranty
You are aware and agree that use of “Sneaker” and the media on which it is recorded, if any, is at your sole risk. “Sneaker” is provided “AS IS.” THREEBEAK PTY LTD EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR ANY OF OUR AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
6. Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING WILLFUL ACTS OR NEGLIGENCE, SHALL THREEBEAK PTY LTD OR ANY OF ITS OFFICERS, EMPLOYEES, DIRECTORS, AGENTS, LICENSORS, LICENSEES, SUBLICENSEE, SUPPLIERS OR ASSIGNS BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SOFTWARE OR RELATED DOCUMENTATION, EVEN IF SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. THERE WILL BE NO LIABILITY FOR ANY PERSONAL INJURY, EVEN SELF INFLICTED INJURY, OR FOR ANY INTENTIONAL TORT COMMITTED BY YOU OR ANY OTHER PERSON WHO PLAYS OR OBSERVES SOMEONE ELSE PLAYING KF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. In no event shall our total liability to you for all damages, losses, and causes of action (whether in contract, tort or otherwise) exceed the amount paid by you for “Sneaker”.
7. Complete Agreement.
This EULA constitutes the entire agreement between the parties with respect to the use of ”Sneaker” and other related materials and software. Threebeak Pty Ltd reserves the right to modify the terms of this EULA from time to time and will post notice of material changes somewhere within www.playsneaker.com.
8. Acceptance of Terms
By selecting the “I Agree” choice during the install and installing “Sneaker”, you agree to all of the terms of this EULA.
Please read the following terms and conditions carefully before playing this game. BY INSTALLING “Sneaker” YOU ARE ACKNOWLEDGING THAT YOU HAVE READ THIS EULA, AGREE TO ITS TERMS AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS, PROMPTLY DISCONTINUE THE INSTALLATION PROCESS AND CEASE ANY AND ALL USE OF THIS SOFTWARE.
1. Limited Use License
“Sneaker” and any files that are provided with it by digital distribution or on tangible media, as well as any printed materials, patches or updates, contains copyrighted material, trade secrets and other proprietary material of Threebeak Pty Ltd and its licensors, licensees and suppliers. “Sneaker” is licensed to you for your use. This license is a non exclusive limited license to install and use “Sneaker” for yourself. Your continuing license to use “Sneaker” is conditioned on your compliance with this EULA. If you are found to be in violation of any of the terms of this EULA, your right to use “Sneaker” will be void, without any prior or further notification from Threebeak Pty Ltd or anyone else. Once your license is terminated, you will be obliged to immediately uninstall “Sneaker” and all of its components.
2. Commercial Exploitation.
You may not use “Sneaker”, or any Mods created for or from “Sneaker” or any other tools provided with “Sneaker”, for any commercial purposes without the prior written consent of Threebeak Pty Ltd or its authorized licensees including, but not limited to, the following rules:
1. If you are the proprietor of an Internet café or gaming room, you may operate the “Sneaker” in a “pay for play” environment provided that all computers used have a validly licensed copy of “Sneaker” installed and such licenses having been properly purchased through one of our licensees.
2. You may not, without prior written consent from Threebeak Pty Ltd, operate “Sneaker” in any gaming contest where (a) the cash value of all winnings and prizes paid throughout the entire competition is equal to or greater than US$10,000.00 or (b) the name of the event, or any individual contest therein, incorporates or approximates the name of a company, product or commercial service or (c) any company has provided, whether donated or as sponsorship any prizes, products or services worth with a fair market value of over US$20,000.00.
3. Restrictions on Use
The following usages of “Sneaker” are not covered under this EULA and breaking these restrictions will be considered a breach of this EULA. Here is a list of restrictions regarding your use of “Sneaker” under this EULA:
$ You may not decompile, modify, reverse engineer, prepare derivative works based on “Sneaker”, disassemble or otherwise reproduce “Sneaker”.
$ Except as set forth herein, you may not rent, sell, lease, barter, sublicense or distribute “Sneaker”. You may not delete the copyright notices or any other proprietary legends on the original copy of “Sneaker”.
$ You may not offer “Sneaker” on a pay per play basis or otherwise commercially exploit “Sneaker” or use “Sneaker” for any commercial purpose except as described in this agreement.
$ You may not electronically transmit “Sneaker” from one computer to another or over a network except as described in this agreement.
4. Copyright.
“Sneaker” and all copyrights, trademarks and all other conceivable intellectual property rights related to the “Sneaker” are owned by Threebeak Pty Ltd or its licensors, licensees or suppliers and are protected by Australian copyrights laws, international treaty provisions, and all applicable laws. “Sneaker” must be treated like any other copyrighted material. Please do not make unauthorized copies. “Sneaker” was created through the efforts of people who earn their livelihood from its lawful use. Please don’t make copies for others who have not paid for the right to use it.
5. Disclaimer of Warranty
You are aware and agree that use of “Sneaker” and the media on which it is recorded, if any, is at your sole risk. “Sneaker” is provided “AS IS.” THREEBEAK PTY LTD EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR ANY OF OUR AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
6. Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING WILLFUL ACTS OR NEGLIGENCE, SHALL THREEBEAK PTY LTD OR ANY OF ITS OFFICERS, EMPLOYEES, DIRECTORS, AGENTS, LICENSORS, LICENSEES, SUBLICENSEE, SUPPLIERS OR ASSIGNS BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SOFTWARE OR RELATED DOCUMENTATION, EVEN IF SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. THERE WILL BE NO LIABILITY FOR ANY PERSONAL INJURY, EVEN SELF INFLICTED INJURY, OR FOR ANY INTENTIONAL TORT COMMITTED BY YOU OR ANY OTHER PERSON WHO PLAYS OR OBSERVES SOMEONE ELSE PLAYING KF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. In no event shall our total liability to you for all damages, losses, and causes of action (whether in contract, tort or otherwise) exceed the amount paid by you for “Sneaker”.
7. Complete Agreement.
This EULA constitutes the entire agreement between the parties with respect to the use of ”Sneaker” and other related materials and software. Threebeak Pty Ltd reserves the right to modify the terms of this EULA from time to time and will post notice of material changes somewhere within www.playsneaker.com.
8. Acceptance of Terms
By selecting the “I Agree” choice during the install and installing “Sneaker”, you agree to all of the terms of this EULA.