| Language: |
END-USER LICENSE AGREEMENT (EULA) FOR DAY OF DRAGONS
THIS EULA IS ONLY BETWEEN BEAWESOME GAMES, LLC (“BEAWESOME”) AND THE END USER TO WHICH THE DAY OF DRAGONS VIDEO GAME (THE “GAME”) IS PROVIDED (“YOU”). BY ACCESSING, DOWNLOADING, INSTALLING, IMPLEMENTING, COPYING, USING, OR PLAYING THE GAME, YOU AGREE TO BE BOUND BY THIS EULA. IF YOU DO NOT AGREE WITH THIS EULA, THEN DO NOT PLAY THE GAME.
This is a legal agreement. You represent and warrant that you have the right, authority, and capacity to accept and agree to this EULA. You represent that you are of sufficient legal age in your jurisdiction of residence to use or access the Game and to enter into this EULA. If you do not agree with any of the provisions of this EULA, you should cease accessing or using the Game.
AS DESCRIBED BELOW, YOU ARE CONSENTING TO AUTOMATIC UPDATES TO THE GAME SOFTWARE. IF YOU DO NOT AGREE, YOU SHOULD NOT USE THE GAME.
SECTION 8 BELOW DESCRIBES IMPORTANT LIMITATIONS OF THE GAME AND RELATED SERVICES, ESPECIALLY IN CONNECTION WITH LIFE SAFETY AND CRITICAL USES. PLEASE READ THESE DISCLOSURES CAREFULLY, AS YOU ARE ACKNOWLEDGING AND ACCEPTING THEM.
1. Grant of License.
Subject to the terms of this EULA, we grant to you a limited, non-exclusive, non-transferable, non-assignable, revocable license to download, install, use, and play one copy of the Game on a product owned or controlled by you for your personal and noncommercial purposes. You may not modify, reverse engineer, decompile, or disassemble the Game in whole or in part, or create any derivative works from or sublicense any rights in the Game, unless otherwise expressly authorized in writing by Beawesome. You may not translate or otherwise attempt to create the source code from the Game, or rent, lease, grant a security interest in, or otherwise transfer any rights to, copy, distribute, transmit, display, perform, reproduce, publish, license, or transfer the Game or remove or alter any trademark, logo, copyright, patent or other proprietary notices in the Game. This EULA does not permit the installation or use of multiple copies of the Game, or the installation of the Game on more than one computer at any given time, on a system that allows shared used of applications, on a multi-user network, or on any configuration or system of computers that allows multiple users.
2. Term and Termination
This EULA and the license granted hereunder are effective on the date you first use the Game and shall continue for as long as you utilize the Game, unless this EULA is earlier terminated in accordance with this Section 2. Beawesome may terminate this EULA at any time if you fail to comply with any of the term(s) hereof. Upon termination of this EULA, the license granted hereunder will terminate and you must stop all use of the Game.
3. Description of Other Rights and Limitations
a. In connection with the license of the Game hereunder, the parties acknowledge and agree that Beawesome is expressly not selling to you, and you are not acquiring any right, title or interest in or to, any patents, copyrights, trade secrets, trademarks, service marks, trade names, or the company name of Beawesome (collectively, “Beawesome Intellectual Property”), and you will use the Game strictly in accordance with our standards, policies and procedures as specified by us from time to time.
b. Restrictions on Use. You shall not:
i. make the Game available to, or use the Game for the benefit of, anyone other than yourself, except expressly permitted in this EULA;
ii. market, sell, distribute, sublicense, use, modify, translate, reproduce, create derivative works from, dispose of, rent, lease, or authorize or permit access or use of any portion of the Game except as expressly permitted in this EULA;
iii. reverse engineer, decompile, or disassemble the Game, except and only to the extent that such activity is expressly permitted by applicable law;
iv. interfere with or disrupt the integrity or performance of the Game;
v. copy the Game or any part, feature, or function thereof;
vi. alter the Game or any part, feature, or function thereof;
vii. export or use the Game in violation of U.S. law, including Department of Commerce export administration regulations;
viii. remove any copyright and other proprietary notices contained in the Game;
ix. use the Game in a manner which infringes or violates any of the intellectual property, proprietary, or other rights of any third party; or
x. access and use the Game in any manner that is inconsistent with the terms of this EULA.
c. Additional Obligations.
i. You shall comply in full with all federal, state, local, and foreign laws, rules, and regulations in connection with your access to, and use of, the Game.
ii. The Game may be accessed and used only in a form and manner approved by Beawesome in its sole discretion, and only in accordance with the terms and conditions of this EULA.
You acknowledge that the Game contains valuable trade secret and proprietary information of Beawesome, that any actual or threatened breach of this Section 3 will constitute immediate, irreparable harm to Beawesome for which monetary damages would be an inadequate remedy, and that injunctive relief is an appropriate remedy for such breach.
4. Automatic Software Updates
Beawesome may from time to time develop patches, bug fixes, updates, upgrades, and other modifications to improve the performance of the Game and related services (“Updates”). These may be automatically installed without providing any additional notice or receiving any additional consent. You consent to this automatic update. If you do not want such Updates, your remedy is to stop using the Game. If you do not cease using the Game, you may receive Updates automatically. You acknowledge that you may be required to install Updates to use the Game and you agree to promptly install any Updates Beawesome provides. For both automatic and non-automatic updates, you agree to install all corrections of substantial defects, security patches, minor bug fixes, and updates, including any enhancements, for the Game in accordance with the instructions and as directed by Beawesome. Your continued use of the Game is your agreement to this EULA.
5. Open Source
Certain items of software included with the Game may be subject to “open source” or “free software” licenses (“Open Source Software”). Some of the Open Source Software is owned by third parties. The Open Source Software is not subject to the terms and conditions of this EULA. Instead, each item of Open Source Software is licensed under the terms of the end user license that accompanies such Open Source Software. Nothing in this EULA limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable end user license for the Open Source Software. To the extent there are any conflicts between the terms of this Agreement and any Open Source Software license corresponding to the open source component(s) of the software included with the Game or additional obligations by such Open Source Software license that are not set forth in this Agreement, the terms of the Open Source Software license will control. If required by any license for particular Open Source Software, Beawesome makes such Open Source Software, and Beawesome’s modifications to that Open Source Software, available by written request to Beawesome at the email or mailing address listed below.
6. DISCLAIMER.
ACCESS TO AND USE OF THE GAME IS PROVIDED “AS IS”, “WITH ALL FAULTS”. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS EULA, NO WARRANTY OR CONDITION, EXPRESS OR IMPLIED, IS MADE WITH RESPECT TO THE GAME, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the above exclusion of implied warranties, so some of the above exclusions may not apply to you.
YOU USE THE GAME AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR (AND BEAWESOME DISCLAIMS) ANY AND ALL LOSS, LIABILITY, OR DAMAGES, INCLUDING TO YOUR COMPUTER, RESULTING FROM YOUR USE OF THE GAME. BEAWESOME AND ITS LICENSORS AND SUPPLIERS MAKE NO WARRANTY THAT DEFECTS WILL BE CORRECTED OR THAT THE GAME: (I) WILL MEET YOUR REQUIREMENTS; (II) WILL BE COMPATIBLE WITH YOUR COMPUTER; (III) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (IV) WILL BE ACCURATE OR RELIABLE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BEAWESOME SHALL CREATE ANY WARRANTY.
7. LIABILITY CAP AND LIMITATION OF LIABILITY
a. LIABILITY CAP. YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY BREACH OF THIS EULA BY BEAWESOME OR ANY DISSATISFACTION WITH RESPECT TO THE GAME IS TO DISCONTINUE OPERATING, ACCESSING, AND USING THE GAME. IN NO EVENT SHALL BEAWESOME’S TOTAL LIABILITY ARISING IN CONNECTION WITH OR UNDER THIS AGREEMENT (WHETHER UNDER THE THEORIES OF BREACH OF CONTRACT, TORT, MISREPRESENTATION, FRAUD, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER THEORY OF LAW) EXCEED THE TOTAL FEES ACTUALLY PAID TO BEAWESOME BY YOU FOR THE USE OF THE GAME. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
b. LIMITATION OF LIABILITY. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS EULA, NEITHER BEAWESOME NOR ANY OF ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR REPRESENTATIVES SHALL BE, UNDER ANY CIRCUMSTANCES, LIABLE TO YOU OR ANY OTHER PERSON, FIRM, OR ENTITY (WHETHER IN AN ACTION ARISING FROM CONTRACT, TORT, OR OTHER LEGAL THEORY) FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR OTHER DAMAGES RESULTING FROM THE ACCESS OR USE OF THE GAME, OR OTHERWISE, HOWEVER CAUSED, INCLUDING, WITHOUT LIMITATION, SUCH DAMAGES.
8. Limitations of the Game.
You acknowledge that the Game is not certified for emergency response. YOU UNDERSTAND THAT THE GAME IS NOT A THIRD-PARTY MONITORED EMERGENCY NOTIFICATION SYSTEM – BEAWESOME DOES NOT MONITOR EMERGENCY NOTIFICATIONS AND WILL NOT DISPATCH EMERGENCY AUTHORITIES TO YOUR HOME IN THE EVENT OF AN EMERGENCY. In addition, the Beawesome support contacts cannot be considered a lifesaving solution for people at risk, and they are no substitute for emergency services. All life threatening and emergency events should be directed to the appropriate response services.
The Game may contain support for programs that are not fault tolerant (e.g., JAVA technology) and is not designed, manufactured, or intended for use or resale as control equipment in hazardous environments or emergency services requiring fail-safe performance in which the failure of such software programs could lead directly to death, personal injury, or severe physical or environmental damage. GAME DISCLAIMS ALL DAMAGES INCLUDING DIRECT, INDIRECT, AND CONSEQUENTIAL DAMAGES RELATING TO THE FAILURE OF THE GAME.
9. Misuse by You.
Notwithstanding anything to the contrary contained in this EULA, you shall not be entitled to any remedy under this EULA or otherwise, and Beawesome shall have no liability whatsoever, if any defect deficiency, error, or problem with the Game arises from or results from your violation of this EULA, or from accident, abuse, misapplication, abnormal or unauthorized installation, operation, access, or use of the Game.
When you are playing the Game, Beawesome, and their respective affiliates or contractors may monitor your use of the Game for uses that violate this EULA. You hereby grant the Beawesome and their affiliates and contractors permission to monitor your use of the Game for purposes of identifying such use. Beawesome, its affiliates and its contractors are under no obligation to monitor your system.
10. Intellectual Property Ownership.
a. General. The Game and all Beawesome Intellectual Property are the intellectual property of and is owned by Beawesome and/or its licensors. In connection with the license of the Game hereunder, the parties acknowledge and agree that Beawesome is expressly not selling to you, and you are not acquiring any right, title, or interest in or to the Game, but that you will be granted a limited, personal, non-exclusive, non-transferable, non-assignable license by Beawesome to use the Game only for your personal purposes and for no other purposes. The structure, design, and organization of the Game are the exclusive property, valuable trade secrets and confidential information of Beawesome and/or its licensors and title to the Game shall at all times remain with Beawesome and/or its licensors. Except as expressly stated herein, this EULA does not grant you any intellectual property rights in the Game, or any component or element thereof, and all rights not expressly granted to you under this EULA are reserved to and retained by Beawesome and/or its suppliers. Notwithstanding anything contained in this EULA to the contrary, Beawesome reserves the right to make available, distribute, or release the Game under different license terms or to stop distributing, making available or releasing the Game at any time.
b. Marks. You shall ensure that the Game maintains the trademarks, service marks, trade names, or the company name of Beawesome (collectively, “Marks”) and all other Beawesome Intellectual Property in a manner which complies with the intellectual property rights of Beawesome and/or its Affiliates and this EULA. You agree to comply with all federal, state, local and foreign laws, rules, regulations, and treaties, pertaining to the proper use and designation of marks in any country where the Marks could be in commerce. You also agree not to use the Marks as any trade name, corporate name, or Internet domain name, or to use the Marks in conjunction with any other marks without the prior written approval of Beawesome. You agree that Beawesome is the exclusive owner of the Marks and all the goodwill associated therewith, and all other content (including, without limitation all logos, graphics, colors, color combinations, works of authorship, audio works, visual works, and other content and materials) provided to you. Beawesome shall retain all right, title, and interest in and to the Marks, the goodwill associated therewith, and all registrations granted thereon. Any and all uses of the Marks by you shall inure to the benefit of Beawesome. You shall have no rights to the Marks or any confusingly similar variation thereof. You acknowledge the validity of the Marks. You acknowledge that you are estopped and that your will forebear from taking any action to challenge the validity or enforceability of the Marks. Any and all rights not expressly granted to you under this EULA are hereby reserved to and retained by Beawesome. During the term of this EULA and thereafter, you agree that you will not in any way impair Beawesome's rights in the Marks, or any confusingly similar marks, or its right to use thereof or the goodwill of the business connected with such use and symbolized by the Marks. You will cooperate fully and in good faith with Beawesome, at Beawesome’s expense, for the purpose of securing and preserving Beawesome’s rights including rights in the Marks and rights in any dispute, and agree to give Beawesome prompt notice of any known or suspected infringements of the Marks, and cooperate with the efforts of Beawesome to police the Marks, at Beawesome’s expense.
c. Your Obligations. You agree to notify Beawesome immediately of any pirating, infringement, or imitation of the Game or intellectual property rights of Beawesome, Marks which comes to your attention during the Term. If you learn of a threat, demand, allegation, or indication that the Game infringes or misappropriates any third party intellectual property rights (including but not limited to any patent, copyright, trademark, trade dress, or trade secret) ("Intellectual Property Claim"), You will notify Beawesome promptly of such claim. Beawesome may, in its sole discretion, elect to assume sole control of the defense and settlement of said Intellectual Property Claim and You will provide reasonable information and assistance to Beawesome for the defense of such claim.
11. Indemnity.
You shall indemnify, defend, and hold harmless Beawesome and its affiliates, employees, agents, officers, directors, shareholders, representatives, successors, and assigns from and against any loss, liability, cause of action, cost, or expense (including reasonable attorneys’ fees) arising from, arising in connection with or related to: (i) your material breach of this EULA; (ii) your or your agent’s acts and omissions in connection with access to and use of the Game; (iii) your or your agent’s negligence or willful misconduct in connection with access to and use of the Game; or (iv) your violation, infringement or misappropriation of the intellectual property, proprietary or other rights of any third party. If any claim is commenced against Beawesome under this paragraph, Beawesome will provide notice of the claim and copies of all related documentation to you, and you will assume control of the defense of such claim at its cost and expense. Such notice and documentation will be provided as promptly as possible; provided, that in no event shall you be relieved of your indemnification obligations hereunder unless the failure to provide notice promptly hereunder results in, and then only to the extent of, actual prejudice to your rights. Beawesome may, at its own cost and expense, participate, through its attorneys or otherwise, in the investigation, trial, and defense of such claim and any appeal. In such case, you will reasonably cooperate with the Beawesome’s attorneys.
12. Export Rules.
You agree that you will not provide access to or use of the Game to any citizen of a country to which access or use thereof is barred, or to which exports or shipments are barred, by the United States government. Further, you will not shop, transfer or export the Game into any country or use the Game in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations (collectively the "Export Laws"). In addition, if the Game is identified as export controlled items under the Export Laws, you represent and warrant that you are not a citizen, or otherwise located within, an embargoed nation and that you are not otherwise prohibited under the Export Laws from receiving access to or using the Game. All rights to access and use the Game are granted on condition that such rights are forfeited if you fail to comply with the terms of this EULA.
13. Changes to the EULA and the Game
Beawesome reserves the right, in its sole discretion, to revise, update, change, modify, add to, supplement, or delete certain terms of this EULA for any reason. Such changes will be effective with or, as applicable, without prior notice to you. You can review the most current version of this EULA by clicking on the “EULA” link on Steam. You are responsible for checking this EULA periodically for changes. If any future changes to this EULA are unacceptable to you or cause you to no longer be in agreement or compliance with this EULA, you must immediately uninstall the Game and destroy all copies of the Game. Your continued use of the Game following any revision to this EULA constitutes your complete and irrevocable acceptance of any and all such changes. Beawesome may change, modify, suspend, or discontinue any aspect of the Game at any time. You have no interest, monetary or otherwise, in any feature or content contained in the Game.
14. Epic Games, Inc. and the Unreal® Engine
The Game includes the Unreal® Engine code and other code, materials, and information (the “Epic Materials”) from Epic Games, Inc. (“Epic”). All Epic Materials are provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind. Beawesome, Epic, and Epic’s affiliates disclaim all warranties, conditions, common law duties, and representations (express, implied, oral, and written) with respect to the Epic Materials, including without limitation all express, implied, and statutory warranties and conditions of any kind, such as title, non-interference with your enjoyment, authority, non-infringement, merchantability, fitness or suitability for any purpose (whether or not Epic knows or has reason to know of any such purpose), system integration, accuracy or completeness, results, reasonable care, workmanlike effort, lack of negligence, and lack of viruses, whether alleged to arise under law, by reason of custom or usage in the trade, or by course of dealing. Without limiting the generality of the foregoing, Beawesome, Epic, and Epic’s affiliates make no warranty that (1) any of the Epic Materials will operate properly, including as integrated in the Game, (2) that the Epic Materials will meet your requirements, (3) that the operation of the Epic Materials will be uninterrupted, bug free, or error free in any or all circumstances, (4) that any defects in the Epic Materials can or will be corrected, (5) that the Epic Materials are or will be in compliance with a platform manufacturer’s rules or requirements, or (6) that a platform manufacturer has approved or will approve the Game, or will not revoke approval of the Game for any or no reason. Any warranty against infringement that may be provided in Section 2-312 of the Uniform Commercial Code or in any other comparable statute is expressly disclaimed by Beawesome and Epic. Beawesome, Epic, and Epic’s affiliates do not guarantee continuous, error-free, virus-free, or secure operation of or access to the Epic Materials. This paragraph will apply to the maximum extent permitted by applicable law.
To the maximum extent permitted by applicable law, neither Beawesome, Epic, Epic’s licensors, nor its or their affiliates, nor any of Beawesome’s or Epic’s service providers, shall be liable in any way for loss or damage of any kind resulting from the use or inability to use the Epic Materials or otherwise in connection with this EULA, including but not limited to loss of goodwill, work stoppage, computer failure, or malfunction, or any and all other commercial damages or losses. In no event will Beawesome, Epic, Epic’s licensors, nor its or their affiliates, nor any of Beawesome’s or Epic’s service providers be liable for any loss of profits or any indirect, incidental, consequential, special, punitive, or exemplary damages, or any other damages arising out of or in connection with this EULA or the Epic Materials, or the delay or inability to use or lack of functionality of the Epic Materials, even in the event of Beawesome’s, Epic’s, or Epic’s affiliates’ fault, tort (including negligence), strict liability, indemnity, product liability, breach of contract, breach of warranty, or otherwise and even if Beawesome, Epic or Epic’s affiliates have been advised of the possibility of such damages. These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate compensation.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Beawesome, Epic, Epic’s licensors, its and their affiliates, and any of Beawesome’s or Epic’s service providers shall be limited to the full extent permitted by law.
15. Applicable Law.
This EULA is governed, construed and enforced in accordance with the laws of the State of Ohio, without giving effect to any principles of conflicts of laws. Jurisdiction and venue for all actions arising under this EULA shall be in the federal and state courts located in the city of Cleveland, Ohio. The United Nations Convention on Contracts for the International Sale of Goods shall not be applicable to this EULA.
16. Class Action Waiver
YOU AND BEAWESOME AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
17. Entire Agreement.
This EULA, the Beawesome Website Terms of Use located at https://dayofdragons.com/terms-of-use/ and the Beawesome Website Privacy Policy located at https://dayofdragons.com/privacy-policy/, are the entire agreement between you and Beawesome relating to the subject matter of this EULA and supersedes all prior or contemporaneous oral or written communications, proposals, and representations with respect to the subject matter of this EULA.
18. Notices and Questions.
All notices and demands hereunder shall be in writing and shall be served by personal service, electronic mail, or by mail at the address of the receiving party set forth in this EULA (or at such different address as may be designated by such party by written notice to the other party). All notices or demands by mail shall be by certified or registered mail, return receipt requested, or by nationally-recognized private express courier and shall be deemed complete upon receipt. Should you have any questions concerning this EULA, or if you desire to contact Beawesome for any reason, please contact Beawesome by email at contact@dayofdragons.com.
19. Confidentiality.
You acknowledge that you may receive or become aware of confidential information and trade secrets of Beawesome such as source code of the Game or subcomponents of the Game (“Confidential Information”). You agree to maintain and protect the confidentiality of all Confidential Information of which you become aware (whether or not identified or marked as confidential at the time of its disclosure) and not disclose any Confidential Information, except as required by law (for example, under a court order or subpoena), to any person, firm, or entity, and you shall use at least reasonable care to preserve and protect the confidentiality of all Confidential Information of which you become aware. Further, you shall not use or disclose any Confidential Information for any purpose not permitted by this EULA. The restrictions on disclosure set forth above shall not apply when, and to the extent that, Confidential Information: (a) is part of the public domain through no action or failure to act by you; (b) is made available to the general public by Beawesome or a third party who is lawfully in possession of such information, not as a result of any action or failure to act on your part; (c) was previously known to you free of any obligation to keep it confidential; (d) is subsequently disclosed to you free of any obligation to keep it confidential; or (e) is independently developed by you or a third party other than in breach of this EULA. In addition, you will not be considered to have breached its obligations under this EULA to the extent Confidential Information is required to be disclosed by court order or order of a governmental authority or by applicable law, provided you, to the extent practicable, advise Beawesome in writing prior to making such disclosure so that the Beawesome may object to such disclosure, take action to ensure confidential treatment of the Confidential Information, or take such other action as it considers appropriate to protect the Confidential Information. Violations of this Section 16 are likely to cause irreparable harm and therefore Beawesome may seek immediate injunctive relief without the need of posting bond in the event of a violation of this Section 16.
20. U.S. Government Restricted Rights.
If the Game is licensed to agencies of the U.S. Government, the Game is a "commercial item" as that term is defined at 48 C.F.R. § 2.101, consisting of "commercial computer software" and "commercial computer software documentation", as such terms are used in 48 C.F.R. § 12.212, and is provided to the U.S. Government only as a commercial end item. Consistent with 48 C.F.R. § 12.212 and 48 C.F.R. §§ 227.7202-1 through 227.7202-4, all U.S. Government End Users acquire use of the Game with only those rights set forth herein. Contractor/ manufacturer is Beawesome Games, LLC and Timothy J. Moore 4505 Stephen CIR. NW, Suite 101 Canton, OH 44718
21. Force Majeure.
Beawesome shall not be responsible for delays or failure of performance resulting from acts beyond the reasonable control of Beawesome. Such acts shall include, but not be limited to, acts of God, strikes, walkouts, riots, acts of war, epidemics, failure of suppliers to perform, governmental regulations, power failures, Internet or telecommunications failures, cyberattacks, earthquakes, or other disasters.
22. Compliance with License and Laws.
You shall comply with all federal, state, local and foreign laws, regulations, rules, and ordinances pertaining to the license granted to you under this EULA. In the event that any part of this EULA is determined to violate any applicable federal, state, local or foreign laws, rules, or regulations, then the remaining provisions of this license shall remain in full force and effect and shall be enforced to fullest extent permitted by law.
23. Survival.
Sections 4-26 shall survive the termination or expiration of the EULA for any reason.
24. Headings.
The titles and headings of the various sections and paragraphs in this EULA are intended solely for reference and are not intended for any other purpose whatsoever or to explain, modify, or place any construction on any of the provisions of this EULA. The opening two paragraphs and the Recitals to this EULA are incorporated herein.
25. Forms.
No provisions in either party’s purchase orders, or in any other business forms employed by either party, will supersede the terms and conditions of this EULA.
26. Waiver/Assignment.
A waiver of any provision of this EULA shall only be effective if in a writing signed by the party against which the waiver is claimed. The waiver by either party of any default or breach of this Agreement will not constitute a waiver of any other or subsequent default or breach. Failure to enforce or delay in enforcing any provision of this Agreement will not constitute a waiver of any rights under any provisions of this Agreement. This EULA may not be assigned by You without the prior written consent of Beawesome. This EULA may be assigned by Beawesome, by operation of law or otherwise, without the consent or approval of You or any other person, firm, or entity. Each and all of the covenants, terms, provisions and agreements herein contained will be binding upon and inure to the benefit of the parties hereto and, to the extent expressly permitted by this Agreement, their respective heirs, legal representatives, successors, and assigns.
THIS EULA IS ONLY BETWEEN BEAWESOME GAMES, LLC (“BEAWESOME”) AND THE END USER TO WHICH THE DAY OF DRAGONS VIDEO GAME (THE “GAME”) IS PROVIDED (“YOU”). BY ACCESSING, DOWNLOADING, INSTALLING, IMPLEMENTING, COPYING, USING, OR PLAYING THE GAME, YOU AGREE TO BE BOUND BY THIS EULA. IF YOU DO NOT AGREE WITH THIS EULA, THEN DO NOT PLAY THE GAME.
This is a legal agreement. You represent and warrant that you have the right, authority, and capacity to accept and agree to this EULA. You represent that you are of sufficient legal age in your jurisdiction of residence to use or access the Game and to enter into this EULA. If you do not agree with any of the provisions of this EULA, you should cease accessing or using the Game.
AS DESCRIBED BELOW, YOU ARE CONSENTING TO AUTOMATIC UPDATES TO THE GAME SOFTWARE. IF YOU DO NOT AGREE, YOU SHOULD NOT USE THE GAME.
SECTION 8 BELOW DESCRIBES IMPORTANT LIMITATIONS OF THE GAME AND RELATED SERVICES, ESPECIALLY IN CONNECTION WITH LIFE SAFETY AND CRITICAL USES. PLEASE READ THESE DISCLOSURES CAREFULLY, AS YOU ARE ACKNOWLEDGING AND ACCEPTING THEM.
1. Grant of License.
Subject to the terms of this EULA, we grant to you a limited, non-exclusive, non-transferable, non-assignable, revocable license to download, install, use, and play one copy of the Game on a product owned or controlled by you for your personal and noncommercial purposes. You may not modify, reverse engineer, decompile, or disassemble the Game in whole or in part, or create any derivative works from or sublicense any rights in the Game, unless otherwise expressly authorized in writing by Beawesome. You may not translate or otherwise attempt to create the source code from the Game, or rent, lease, grant a security interest in, or otherwise transfer any rights to, copy, distribute, transmit, display, perform, reproduce, publish, license, or transfer the Game or remove or alter any trademark, logo, copyright, patent or other proprietary notices in the Game. This EULA does not permit the installation or use of multiple copies of the Game, or the installation of the Game on more than one computer at any given time, on a system that allows shared used of applications, on a multi-user network, or on any configuration or system of computers that allows multiple users.
2. Term and Termination
This EULA and the license granted hereunder are effective on the date you first use the Game and shall continue for as long as you utilize the Game, unless this EULA is earlier terminated in accordance with this Section 2. Beawesome may terminate this EULA at any time if you fail to comply with any of the term(s) hereof. Upon termination of this EULA, the license granted hereunder will terminate and you must stop all use of the Game.
3. Description of Other Rights and Limitations
a. In connection with the license of the Game hereunder, the parties acknowledge and agree that Beawesome is expressly not selling to you, and you are not acquiring any right, title or interest in or to, any patents, copyrights, trade secrets, trademarks, service marks, trade names, or the company name of Beawesome (collectively, “Beawesome Intellectual Property”), and you will use the Game strictly in accordance with our standards, policies and procedures as specified by us from time to time.
b. Restrictions on Use. You shall not:
i. make the Game available to, or use the Game for the benefit of, anyone other than yourself, except expressly permitted in this EULA;
ii. market, sell, distribute, sublicense, use, modify, translate, reproduce, create derivative works from, dispose of, rent, lease, or authorize or permit access or use of any portion of the Game except as expressly permitted in this EULA;
iii. reverse engineer, decompile, or disassemble the Game, except and only to the extent that such activity is expressly permitted by applicable law;
iv. interfere with or disrupt the integrity or performance of the Game;
v. copy the Game or any part, feature, or function thereof;
vi. alter the Game or any part, feature, or function thereof;
vii. export or use the Game in violation of U.S. law, including Department of Commerce export administration regulations;
viii. remove any copyright and other proprietary notices contained in the Game;
ix. use the Game in a manner which infringes or violates any of the intellectual property, proprietary, or other rights of any third party; or
x. access and use the Game in any manner that is inconsistent with the terms of this EULA.
c. Additional Obligations.
i. You shall comply in full with all federal, state, local, and foreign laws, rules, and regulations in connection with your access to, and use of, the Game.
ii. The Game may be accessed and used only in a form and manner approved by Beawesome in its sole discretion, and only in accordance with the terms and conditions of this EULA.
You acknowledge that the Game contains valuable trade secret and proprietary information of Beawesome, that any actual or threatened breach of this Section 3 will constitute immediate, irreparable harm to Beawesome for which monetary damages would be an inadequate remedy, and that injunctive relief is an appropriate remedy for such breach.
4. Automatic Software Updates
Beawesome may from time to time develop patches, bug fixes, updates, upgrades, and other modifications to improve the performance of the Game and related services (“Updates”). These may be automatically installed without providing any additional notice or receiving any additional consent. You consent to this automatic update. If you do not want such Updates, your remedy is to stop using the Game. If you do not cease using the Game, you may receive Updates automatically. You acknowledge that you may be required to install Updates to use the Game and you agree to promptly install any Updates Beawesome provides. For both automatic and non-automatic updates, you agree to install all corrections of substantial defects, security patches, minor bug fixes, and updates, including any enhancements, for the Game in accordance with the instructions and as directed by Beawesome. Your continued use of the Game is your agreement to this EULA.
5. Open Source
Certain items of software included with the Game may be subject to “open source” or “free software” licenses (“Open Source Software”). Some of the Open Source Software is owned by third parties. The Open Source Software is not subject to the terms and conditions of this EULA. Instead, each item of Open Source Software is licensed under the terms of the end user license that accompanies such Open Source Software. Nothing in this EULA limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable end user license for the Open Source Software. To the extent there are any conflicts between the terms of this Agreement and any Open Source Software license corresponding to the open source component(s) of the software included with the Game or additional obligations by such Open Source Software license that are not set forth in this Agreement, the terms of the Open Source Software license will control. If required by any license for particular Open Source Software, Beawesome makes such Open Source Software, and Beawesome’s modifications to that Open Source Software, available by written request to Beawesome at the email or mailing address listed below.
6. DISCLAIMER.
ACCESS TO AND USE OF THE GAME IS PROVIDED “AS IS”, “WITH ALL FAULTS”. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS EULA, NO WARRANTY OR CONDITION, EXPRESS OR IMPLIED, IS MADE WITH RESPECT TO THE GAME, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the above exclusion of implied warranties, so some of the above exclusions may not apply to you.
YOU USE THE GAME AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR (AND BEAWESOME DISCLAIMS) ANY AND ALL LOSS, LIABILITY, OR DAMAGES, INCLUDING TO YOUR COMPUTER, RESULTING FROM YOUR USE OF THE GAME. BEAWESOME AND ITS LICENSORS AND SUPPLIERS MAKE NO WARRANTY THAT DEFECTS WILL BE CORRECTED OR THAT THE GAME: (I) WILL MEET YOUR REQUIREMENTS; (II) WILL BE COMPATIBLE WITH YOUR COMPUTER; (III) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (IV) WILL BE ACCURATE OR RELIABLE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BEAWESOME SHALL CREATE ANY WARRANTY.
7. LIABILITY CAP AND LIMITATION OF LIABILITY
a. LIABILITY CAP. YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY BREACH OF THIS EULA BY BEAWESOME OR ANY DISSATISFACTION WITH RESPECT TO THE GAME IS TO DISCONTINUE OPERATING, ACCESSING, AND USING THE GAME. IN NO EVENT SHALL BEAWESOME’S TOTAL LIABILITY ARISING IN CONNECTION WITH OR UNDER THIS AGREEMENT (WHETHER UNDER THE THEORIES OF BREACH OF CONTRACT, TORT, MISREPRESENTATION, FRAUD, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER THEORY OF LAW) EXCEED THE TOTAL FEES ACTUALLY PAID TO BEAWESOME BY YOU FOR THE USE OF THE GAME. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
b. LIMITATION OF LIABILITY. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS EULA, NEITHER BEAWESOME NOR ANY OF ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR REPRESENTATIVES SHALL BE, UNDER ANY CIRCUMSTANCES, LIABLE TO YOU OR ANY OTHER PERSON, FIRM, OR ENTITY (WHETHER IN AN ACTION ARISING FROM CONTRACT, TORT, OR OTHER LEGAL THEORY) FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR OTHER DAMAGES RESULTING FROM THE ACCESS OR USE OF THE GAME, OR OTHERWISE, HOWEVER CAUSED, INCLUDING, WITHOUT LIMITATION, SUCH DAMAGES.
8. Limitations of the Game.
You acknowledge that the Game is not certified for emergency response. YOU UNDERSTAND THAT THE GAME IS NOT A THIRD-PARTY MONITORED EMERGENCY NOTIFICATION SYSTEM – BEAWESOME DOES NOT MONITOR EMERGENCY NOTIFICATIONS AND WILL NOT DISPATCH EMERGENCY AUTHORITIES TO YOUR HOME IN THE EVENT OF AN EMERGENCY. In addition, the Beawesome support contacts cannot be considered a lifesaving solution for people at risk, and they are no substitute for emergency services. All life threatening and emergency events should be directed to the appropriate response services.
The Game may contain support for programs that are not fault tolerant (e.g., JAVA technology) and is not designed, manufactured, or intended for use or resale as control equipment in hazardous environments or emergency services requiring fail-safe performance in which the failure of such software programs could lead directly to death, personal injury, or severe physical or environmental damage. GAME DISCLAIMS ALL DAMAGES INCLUDING DIRECT, INDIRECT, AND CONSEQUENTIAL DAMAGES RELATING TO THE FAILURE OF THE GAME.
9. Misuse by You.
Notwithstanding anything to the contrary contained in this EULA, you shall not be entitled to any remedy under this EULA or otherwise, and Beawesome shall have no liability whatsoever, if any defect deficiency, error, or problem with the Game arises from or results from your violation of this EULA, or from accident, abuse, misapplication, abnormal or unauthorized installation, operation, access, or use of the Game.
When you are playing the Game, Beawesome, and their respective affiliates or contractors may monitor your use of the Game for uses that violate this EULA. You hereby grant the Beawesome and their affiliates and contractors permission to monitor your use of the Game for purposes of identifying such use. Beawesome, its affiliates and its contractors are under no obligation to monitor your system.
10. Intellectual Property Ownership.
a. General. The Game and all Beawesome Intellectual Property are the intellectual property of and is owned by Beawesome and/or its licensors. In connection with the license of the Game hereunder, the parties acknowledge and agree that Beawesome is expressly not selling to you, and you are not acquiring any right, title, or interest in or to the Game, but that you will be granted a limited, personal, non-exclusive, non-transferable, non-assignable license by Beawesome to use the Game only for your personal purposes and for no other purposes. The structure, design, and organization of the Game are the exclusive property, valuable trade secrets and confidential information of Beawesome and/or its licensors and title to the Game shall at all times remain with Beawesome and/or its licensors. Except as expressly stated herein, this EULA does not grant you any intellectual property rights in the Game, or any component or element thereof, and all rights not expressly granted to you under this EULA are reserved to and retained by Beawesome and/or its suppliers. Notwithstanding anything contained in this EULA to the contrary, Beawesome reserves the right to make available, distribute, or release the Game under different license terms or to stop distributing, making available or releasing the Game at any time.
b. Marks. You shall ensure that the Game maintains the trademarks, service marks, trade names, or the company name of Beawesome (collectively, “Marks”) and all other Beawesome Intellectual Property in a manner which complies with the intellectual property rights of Beawesome and/or its Affiliates and this EULA. You agree to comply with all federal, state, local and foreign laws, rules, regulations, and treaties, pertaining to the proper use and designation of marks in any country where the Marks could be in commerce. You also agree not to use the Marks as any trade name, corporate name, or Internet domain name, or to use the Marks in conjunction with any other marks without the prior written approval of Beawesome. You agree that Beawesome is the exclusive owner of the Marks and all the goodwill associated therewith, and all other content (including, without limitation all logos, graphics, colors, color combinations, works of authorship, audio works, visual works, and other content and materials) provided to you. Beawesome shall retain all right, title, and interest in and to the Marks, the goodwill associated therewith, and all registrations granted thereon. Any and all uses of the Marks by you shall inure to the benefit of Beawesome. You shall have no rights to the Marks or any confusingly similar variation thereof. You acknowledge the validity of the Marks. You acknowledge that you are estopped and that your will forebear from taking any action to challenge the validity or enforceability of the Marks. Any and all rights not expressly granted to you under this EULA are hereby reserved to and retained by Beawesome. During the term of this EULA and thereafter, you agree that you will not in any way impair Beawesome's rights in the Marks, or any confusingly similar marks, or its right to use thereof or the goodwill of the business connected with such use and symbolized by the Marks. You will cooperate fully and in good faith with Beawesome, at Beawesome’s expense, for the purpose of securing and preserving Beawesome’s rights including rights in the Marks and rights in any dispute, and agree to give Beawesome prompt notice of any known or suspected infringements of the Marks, and cooperate with the efforts of Beawesome to police the Marks, at Beawesome’s expense.
c. Your Obligations. You agree to notify Beawesome immediately of any pirating, infringement, or imitation of the Game or intellectual property rights of Beawesome, Marks which comes to your attention during the Term. If you learn of a threat, demand, allegation, or indication that the Game infringes or misappropriates any third party intellectual property rights (including but not limited to any patent, copyright, trademark, trade dress, or trade secret) ("Intellectual Property Claim"), You will notify Beawesome promptly of such claim. Beawesome may, in its sole discretion, elect to assume sole control of the defense and settlement of said Intellectual Property Claim and You will provide reasonable information and assistance to Beawesome for the defense of such claim.
11. Indemnity.
You shall indemnify, defend, and hold harmless Beawesome and its affiliates, employees, agents, officers, directors, shareholders, representatives, successors, and assigns from and against any loss, liability, cause of action, cost, or expense (including reasonable attorneys’ fees) arising from, arising in connection with or related to: (i) your material breach of this EULA; (ii) your or your agent’s acts and omissions in connection with access to and use of the Game; (iii) your or your agent’s negligence or willful misconduct in connection with access to and use of the Game; or (iv) your violation, infringement or misappropriation of the intellectual property, proprietary or other rights of any third party. If any claim is commenced against Beawesome under this paragraph, Beawesome will provide notice of the claim and copies of all related documentation to you, and you will assume control of the defense of such claim at its cost and expense. Such notice and documentation will be provided as promptly as possible; provided, that in no event shall you be relieved of your indemnification obligations hereunder unless the failure to provide notice promptly hereunder results in, and then only to the extent of, actual prejudice to your rights. Beawesome may, at its own cost and expense, participate, through its attorneys or otherwise, in the investigation, trial, and defense of such claim and any appeal. In such case, you will reasonably cooperate with the Beawesome’s attorneys.
12. Export Rules.
You agree that you will not provide access to or use of the Game to any citizen of a country to which access or use thereof is barred, or to which exports or shipments are barred, by the United States government. Further, you will not shop, transfer or export the Game into any country or use the Game in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations (collectively the "Export Laws"). In addition, if the Game is identified as export controlled items under the Export Laws, you represent and warrant that you are not a citizen, or otherwise located within, an embargoed nation and that you are not otherwise prohibited under the Export Laws from receiving access to or using the Game. All rights to access and use the Game are granted on condition that such rights are forfeited if you fail to comply with the terms of this EULA.
13. Changes to the EULA and the Game
Beawesome reserves the right, in its sole discretion, to revise, update, change, modify, add to, supplement, or delete certain terms of this EULA for any reason. Such changes will be effective with or, as applicable, without prior notice to you. You can review the most current version of this EULA by clicking on the “EULA” link on Steam. You are responsible for checking this EULA periodically for changes. If any future changes to this EULA are unacceptable to you or cause you to no longer be in agreement or compliance with this EULA, you must immediately uninstall the Game and destroy all copies of the Game. Your continued use of the Game following any revision to this EULA constitutes your complete and irrevocable acceptance of any and all such changes. Beawesome may change, modify, suspend, or discontinue any aspect of the Game at any time. You have no interest, monetary or otherwise, in any feature or content contained in the Game.
14. Epic Games, Inc. and the Unreal® Engine
The Game includes the Unreal® Engine code and other code, materials, and information (the “Epic Materials”) from Epic Games, Inc. (“Epic”). All Epic Materials are provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind. Beawesome, Epic, and Epic’s affiliates disclaim all warranties, conditions, common law duties, and representations (express, implied, oral, and written) with respect to the Epic Materials, including without limitation all express, implied, and statutory warranties and conditions of any kind, such as title, non-interference with your enjoyment, authority, non-infringement, merchantability, fitness or suitability for any purpose (whether or not Epic knows or has reason to know of any such purpose), system integration, accuracy or completeness, results, reasonable care, workmanlike effort, lack of negligence, and lack of viruses, whether alleged to arise under law, by reason of custom or usage in the trade, or by course of dealing. Without limiting the generality of the foregoing, Beawesome, Epic, and Epic’s affiliates make no warranty that (1) any of the Epic Materials will operate properly, including as integrated in the Game, (2) that the Epic Materials will meet your requirements, (3) that the operation of the Epic Materials will be uninterrupted, bug free, or error free in any or all circumstances, (4) that any defects in the Epic Materials can or will be corrected, (5) that the Epic Materials are or will be in compliance with a platform manufacturer’s rules or requirements, or (6) that a platform manufacturer has approved or will approve the Game, or will not revoke approval of the Game for any or no reason. Any warranty against infringement that may be provided in Section 2-312 of the Uniform Commercial Code or in any other comparable statute is expressly disclaimed by Beawesome and Epic. Beawesome, Epic, and Epic’s affiliates do not guarantee continuous, error-free, virus-free, or secure operation of or access to the Epic Materials. This paragraph will apply to the maximum extent permitted by applicable law.
To the maximum extent permitted by applicable law, neither Beawesome, Epic, Epic’s licensors, nor its or their affiliates, nor any of Beawesome’s or Epic’s service providers, shall be liable in any way for loss or damage of any kind resulting from the use or inability to use the Epic Materials or otherwise in connection with this EULA, including but not limited to loss of goodwill, work stoppage, computer failure, or malfunction, or any and all other commercial damages or losses. In no event will Beawesome, Epic, Epic’s licensors, nor its or their affiliates, nor any of Beawesome’s or Epic’s service providers be liable for any loss of profits or any indirect, incidental, consequential, special, punitive, or exemplary damages, or any other damages arising out of or in connection with this EULA or the Epic Materials, or the delay or inability to use or lack of functionality of the Epic Materials, even in the event of Beawesome’s, Epic’s, or Epic’s affiliates’ fault, tort (including negligence), strict liability, indemnity, product liability, breach of contract, breach of warranty, or otherwise and even if Beawesome, Epic or Epic’s affiliates have been advised of the possibility of such damages. These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate compensation.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Beawesome, Epic, Epic’s licensors, its and their affiliates, and any of Beawesome’s or Epic’s service providers shall be limited to the full extent permitted by law.
15. Applicable Law.
This EULA is governed, construed and enforced in accordance with the laws of the State of Ohio, without giving effect to any principles of conflicts of laws. Jurisdiction and venue for all actions arising under this EULA shall be in the federal and state courts located in the city of Cleveland, Ohio. The United Nations Convention on Contracts for the International Sale of Goods shall not be applicable to this EULA.
16. Class Action Waiver
YOU AND BEAWESOME AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
17. Entire Agreement.
This EULA, the Beawesome Website Terms of Use located at https://dayofdragons.com/terms-of-use/ and the Beawesome Website Privacy Policy located at https://dayofdragons.com/privacy-policy/, are the entire agreement between you and Beawesome relating to the subject matter of this EULA and supersedes all prior or contemporaneous oral or written communications, proposals, and representations with respect to the subject matter of this EULA.
18. Notices and Questions.
All notices and demands hereunder shall be in writing and shall be served by personal service, electronic mail, or by mail at the address of the receiving party set forth in this EULA (or at such different address as may be designated by such party by written notice to the other party). All notices or demands by mail shall be by certified or registered mail, return receipt requested, or by nationally-recognized private express courier and shall be deemed complete upon receipt. Should you have any questions concerning this EULA, or if you desire to contact Beawesome for any reason, please contact Beawesome by email at contact@dayofdragons.com.
19. Confidentiality.
You acknowledge that you may receive or become aware of confidential information and trade secrets of Beawesome such as source code of the Game or subcomponents of the Game (“Confidential Information”). You agree to maintain and protect the confidentiality of all Confidential Information of which you become aware (whether or not identified or marked as confidential at the time of its disclosure) and not disclose any Confidential Information, except as required by law (for example, under a court order or subpoena), to any person, firm, or entity, and you shall use at least reasonable care to preserve and protect the confidentiality of all Confidential Information of which you become aware. Further, you shall not use or disclose any Confidential Information for any purpose not permitted by this EULA. The restrictions on disclosure set forth above shall not apply when, and to the extent that, Confidential Information: (a) is part of the public domain through no action or failure to act by you; (b) is made available to the general public by Beawesome or a third party who is lawfully in possession of such information, not as a result of any action or failure to act on your part; (c) was previously known to you free of any obligation to keep it confidential; (d) is subsequently disclosed to you free of any obligation to keep it confidential; or (e) is independently developed by you or a third party other than in breach of this EULA. In addition, you will not be considered to have breached its obligations under this EULA to the extent Confidential Information is required to be disclosed by court order or order of a governmental authority or by applicable law, provided you, to the extent practicable, advise Beawesome in writing prior to making such disclosure so that the Beawesome may object to such disclosure, take action to ensure confidential treatment of the Confidential Information, or take such other action as it considers appropriate to protect the Confidential Information. Violations of this Section 16 are likely to cause irreparable harm and therefore Beawesome may seek immediate injunctive relief without the need of posting bond in the event of a violation of this Section 16.
20. U.S. Government Restricted Rights.
If the Game is licensed to agencies of the U.S. Government, the Game is a "commercial item" as that term is defined at 48 C.F.R. § 2.101, consisting of "commercial computer software" and "commercial computer software documentation", as such terms are used in 48 C.F.R. § 12.212, and is provided to the U.S. Government only as a commercial end item. Consistent with 48 C.F.R. § 12.212 and 48 C.F.R. §§ 227.7202-1 through 227.7202-4, all U.S. Government End Users acquire use of the Game with only those rights set forth herein. Contractor/ manufacturer is Beawesome Games, LLC and Timothy J. Moore 4505 Stephen CIR. NW, Suite 101 Canton, OH 44718
21. Force Majeure.
Beawesome shall not be responsible for delays or failure of performance resulting from acts beyond the reasonable control of Beawesome. Such acts shall include, but not be limited to, acts of God, strikes, walkouts, riots, acts of war, epidemics, failure of suppliers to perform, governmental regulations, power failures, Internet or telecommunications failures, cyberattacks, earthquakes, or other disasters.
22. Compliance with License and Laws.
You shall comply with all federal, state, local and foreign laws, regulations, rules, and ordinances pertaining to the license granted to you under this EULA. In the event that any part of this EULA is determined to violate any applicable federal, state, local or foreign laws, rules, or regulations, then the remaining provisions of this license shall remain in full force and effect and shall be enforced to fullest extent permitted by law.
23. Survival.
Sections 4-26 shall survive the termination or expiration of the EULA for any reason.
24. Headings.
The titles and headings of the various sections and paragraphs in this EULA are intended solely for reference and are not intended for any other purpose whatsoever or to explain, modify, or place any construction on any of the provisions of this EULA. The opening two paragraphs and the Recitals to this EULA are incorporated herein.
25. Forms.
No provisions in either party’s purchase orders, or in any other business forms employed by either party, will supersede the terms and conditions of this EULA.
26. Waiver/Assignment.
A waiver of any provision of this EULA shall only be effective if in a writing signed by the party against which the waiver is claimed. The waiver by either party of any default or breach of this Agreement will not constitute a waiver of any other or subsequent default or breach. Failure to enforce or delay in enforcing any provision of this Agreement will not constitute a waiver of any rights under any provisions of this Agreement. This EULA may not be assigned by You without the prior written consent of Beawesome. This EULA may be assigned by Beawesome, by operation of law or otherwise, without the consent or approval of You or any other person, firm, or entity. Each and all of the covenants, terms, provisions and agreements herein contained will be binding upon and inure to the benefit of the parties hereto and, to the extent expressly permitted by this Agreement, their respective heirs, legal representatives, successors, and assigns.