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SINGLE USE SOFTWARE LICENSE AGREEMENT AND TERMS OF USE
READ THIS SOFTWARE LICENSE AGREEMENT CAREFULLY BEFORE PROCEEDING TO INSTALL THE SOFTWARE PRODUCT AND OR UTILIZING ANY OF OUR SERVICES. BY PRESSING "AGREE", YOU ("LICENSEE") AGREE TO BE BOUND BY THIS LICENSE AND THE TERMS HEREIN. YOU THEREFORE ACCEPT AND AGREE TO THE CONTENTS OF THIS LICENSE IN ITS ENTIRETY. THE SOFTWARE YOU ARE ABOUT TO USE IS LICENSED FOR USE BY A SINGLE USER ONLY AND MAY NOT BE SHARED WITH ANY OTHER INDIVIDUAL WITHOUT THE EXPRESS WRITTEN PERMISSION OF LOCK 'N LOAD PUBLISHING, LLC. ("PUBLISHER"). FOR THE AVOIDANCE OF DOUBT ANY TERMS, CONDITIONS, OR CLAUSES CONTAINED IN ANY PURCHASE ORDER, CORRESPONDENCE, DOCUMENTATION, OR NOTICE INTENDED TO CONTRADICT OR RELATE TO THE TERMS OF USE OF THIS LICENSE ARE NULL AND VOID AND HAVE NO EFFECT. IF YOU DO NOT AGREE TO THE FOREGOING, OR IF YOU HAVE ANY DOUBT ABOUT THE PERMITTED USE OF THE SOFTWARE PRODUCT, PRESS "DISAGREE" NOW AND IMMEDIATELY CEASE USE OF THE SOFTWARE. THIS LICENSE AGREEMENT AND THE TERMS HEREIN ARE A LEGALLY BINDING CONTRACT BETWEEN LICENSEE AND THE PUBLISHER.
1. GENERAL
1.1. PUBLISHER owns the Copyright and or LICENSE to all rights including, but not limited to, copyrights, patents, trademarks, trade secrets, tangible and intangible intellectual property, source code, improvements, enhancements, sequence, logic, structure, databases and or other proprietary rights therein, now or hereafter existing ("PROPERTY"). LICENSEE acknowledges that the PROPERTY and all associated materials contain trade secrets of the PUBLISHER. PUBLISHER has the exclusive rights to sell, market, package, distribute and-or LICENSE any and all Products or versions ("PRODUCT") utilizing the PROPERTY and or other connected media or services ("SERVICES") in all territories worldwide.
1.2. This software PRODUCT in its entirety is copyrighted and is protected by international law. The PRODUCT and any accompanying documentation, or SERVICES including this LICENSE whether on disk, in read-only memory, or in any other form is LICENSED, not sold, to LICENSEE by PUBLISHER and is for use only under the terms of this LICENSE. PUBLISHER reserves all rights not expressly granted to LICENSEE. The rights granted herein are limited and do not include any patents or intellectual property rights. PUBLISHER expressly retains ownership of the PRODUCT. By accepting this LICENSE, or utilizing PUBLISHER services, LICENSEE affirms that it is able, competent and permitted to enter into the terms, conditions, obligations, representations, and responsibilities as set out herein and to comply with the terms of the LICENSE.
2. INTERPRETATIONS & DEFINITIONS
2.1. As used in this LICENSE the terms and expressions set out herein shall have the meanings ascribed to them:
2.1.1. "Intellectual Property Rights" means copyright, design rights and all other legal and beneficial intellectual and industrial property rights (including, without limitation, patent and other trade secret rights) throughout the world no matter what such rights may be known as in any particular country in the world, and all know-how;
2.1.2. "Property" means the Software Simulation, including but not limited to the Intellectual Property Rights and the compiled source and or object computer software code, databases, artwork, contents and any other material supplied by PUBLISHER, including related materials and assets created, or supplied by PUBLISHER in connection with the PROPERTY.
2.1.3. "Product(s)" means any version of the PROPERTY sold or LICENSED and or incorporating any element of the PROPERTY, the computer software code, and or other LICENSED materials, as set out herein, including patches, upgrades and additional content relating to the PROPERTY.
2.1.4. "Digital Delivery" means Product(s) delivered by Electronic Software Download (ESD) or any form of electronic or web media now known or that becomes known and including optional extended download services and physical delivery of Product(s) on demand to LICENSEE.
2.1.5. "Bug" means a repeatable phenomenon of unintended events or actions during the running of the Software under normal conditions that results in: (i) the software being consistently unable to perform repeatedly and without interruption; (ii) a significant detriment to the functionality of the software; (iii) a significant detriment to the visual representation or sound of the software; or (iv) the complete destruction or corruption of data.
2.2. The masculine includes the feminine and the neuter and the singular includes the plural and vice versa.
2.3. The LICENSEE shall fulfill any obligation in this LICENSE to comply with any document, statute, enactment, order, regulation or other similar instruments that are referenced in this LICENSE.
2.4. Headings are included in this LICENSE for ease of reference only and shall not affect the interpretation or construction of this LICENSE.
2.5. References to Terms, Clauses, and Exhibits are unless otherwise provided, references to Terms, Clauses and Exhibits of this LICENSE. In the event and to the extent only of any conflict between the Clauses and the Exhibits, the Clauses shall prevail.
2.6. Except as otherwise expressly provided in this LICENSE, all remedies available to PUBLISHER under this LICENSE are cumulative and may be exercised concurrently, or separately and the exercise of any one remedy shall not exclude the exercise of any other remedy.
3. GRANT
3.1. Subject to the terms and conditions of the LICENSE, PUBLISHER grants to LICENSEE a non-exclusive, non-transferable LICENSE to use the PRODUCT solely for LICENSEE‘s own use. LICENSEE IS NOT PERMITTED TO USE THE SOFTWARE PRODUCT, OR PROPERTY FOR ANY COMMERCIAL, BUSINESS, ACADEMIC, RESEARCH, MILITARY OR OTHER SIMILAR USE, OR FOR PUBLIC DISPLAY WITHOUT THE EXPRESS PERMISSION OF PUBLISHER, WHICH MUST BE OBTAINED IN WRITING IN ADVANCE.
3.2. The PRODUCT and any accompanying documentation, including this LICENSE AGREEMENT and SERVICES whether on disk, in read-only memory, or in any other form is LICENSED, not sold, to LICENSEE for use only under the terms of this LICENSE. PUBLISHER reserves all rights not expressly granted to LICENSEE, consequently the rights granted herein are limited and do not include any patents, or intellectual property rights. PUBLISHER expressly retains ownership of the PRODUCT, the PROPERTY, and all associated materials.
3.3. THIS LICENSE AND THE TERMS HEREIN ALLOW LICENSEE TO INSTALL AND USE ONE COPY OF THE PRODUCT, PER LICENSE, BY A SINGLE USER ONLY AND ON A SINGLE COMPUTER, AT ANY TIME, FOR NON-TRANSFERABLE LIMITED USES AS SET FORTH HEREIN. Content and all other intellectual property rights related to the PRODUCT, PROPERTY, and SERVICES are owned by PUBLISHER and are protected by international copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights.
3.4. LICENSEE may not lend, distribute, lease, sell, transmit, transfer, publish, edit, copy, create derivative works, rent, sub-license, decompile, disassemble, reverse engineer, or otherwise make any unauthorized use of the PRODUCT, PROPERTY or content, in whole or in part and shall not incorporate any portion of PRODUCT, or any part of the resulting software into an alternative Product(s), in any form, whether modified or unmodified, without the express written permission of PUBLISHER;
3.5. LICENSEE may not remove, obscure, or alter copyright, patent, trademark, logos, or other proprietary rights notices affixed to PRODUCT or content.
3.6. PUBLISHER reserves all rights, title and interest in the PRODUCT, PROPERTY, and content, and all associated copyrights, trademarks, and other intellectual property rights therein that are not expressly granted to LICENSEE.
3.7. LICENSEE permitted use of the PRODUCT, PROPERTY, content, and SERVICES described herein is limited by the intellectual property rights and other rights of PUBLISHER and does not include any rights to any other patents, or intellectual property not included herein.
3.8. All updates, patches, modifications, or changes to the PRODUCT or SERVICES become PUBLISHER PROPERTY and are subject to the LICENSE.
4. LICENSE
4.1. LICENSEE acknowledges and accepts that this LICENSE and the attached Exhibits which are incorporated into this LICENSE by this reference is the sole agreement between PUBLISHER and LICENSEE. This LICENSE supersedes all prior agreements, understandings and representations (save for fraudulent misrepresentation), both oral and written, and is the only document upon which the parties may rely upon to enforce their rights pursuant to this LICENSE Agreement. FOR THE AVOIDANCE OF DOUBT ANY TERMS, CONDITIONS, OR CLAUSES CONTAINED IN ANY PURCHASE ORDER, CORRESPONDENCE, DOCUMENTATION, OR NOTICE INTENDED TO COUNTER, CONTRADICT OR RELATE TO THE TERMS OF USE OF THIS LICENSE ARE NULL AND VOID AND HAVE NO EFFECT.
4.2. LICENSEE acknowledges and agrees that nothing in this LICENSE constitutes, or shall be construed to constitute, any transfer of title or ownership with respect to the PRODUCT including without limitation transfer of any copyrights, patents, trademarks, trade secrets, intellectual property, source code, improvements, enhancements, sequence, logic, structure, or other proprietary rights therein, now or hereafter existing. LICENSEE acknowledges that (i) the PRODUCT and all materials furnished, or produced in connection therewith, including but not limited to any computer or source code, contains trade secrets of PUBLISHER, entrusted by PUBLISHER to LICENSEE under this LICENSE for use only in the manner expressly permitted hereby and (ii) PUBLISHER holds all right, title and interest in and to all tangible and intangible intellectual property contained in the PRODUCT, including all trade secrets, copyrights and other intellectual property rights pertaining thereto and LICENSEE shall have only the limited, revocable right to use the PRODUCT as set forth in this LICENSE. All modifications, adaptations, changes, or additions made to the PRODUCT shall be the sole and exclusive property of PUBLISHER and shall be considered a part of the PRODUCT, including all applicable rights to patents, copyrights, trademarks and trade secrets inherent therein and appurtenant thereto. The PRODUCT is protected by copyright and contains proprietary information protected by copyright laws, intellectual property laws, international treaty provisions, and other applicable laws. LICENSEE acknowledges and accepts that the PUBLISHER owns all worldwide copyrights in the PRODUCT and any portion or iteration thereof.
4.3. LICENSEE shall not copy, reproduce or duplicate the PRODUCT or any supporting documentation, in any manner or form, in whole or in part. LICENSEE shall prevent any third parties from copying, reproducing or duplicating the PRODUCT and/or the supporting documentation.
4.4. LICENSEE hereby acknowledges and accepts that this product LICENSE is in respect of a single LICENSE only.
5. WARRANTIES
5.1. PUBLISHER LICENSES and LICENSEE accepts, the PRODUCT "as is." PUBLISHER gives no warranties as to the function, or use of the licensed PRODUCT, or SERVICES, including but not limited to the accuracy of any results derived or displayed, whether express, implied, or statutory, including, without limitation, any implied warranties of merchantability or fitness for a particular purpose. The entire risk as to the quality and performance of the licensed PRODUCT or SERVICES is with the LICENSEE. PUBLISHER does not warrant that the functions contained or displayed in the licensed PRODUCT will meet LICENSEE's requirements or that the operation of the licensed PRODUCT will be suitable for any particular purpose, nor uninterrupted or error-free. In no event will PUBLISHER be liable to LICENSEE or any other entity for damages, direct or indirect, of any nature, or expenses incurred by LICENSEE in connection with the use of the PRODUCT. LICENSEE’s sole and exclusive remedy shall be to terminate this LICENSE without refund.
5.2. PUBLISHER SERVICES, SOFTWARE and third-party services and products are provided on an "as is" and "as available" basis for your use, without warranties of any kind, either express or implied. No warranty is given about the quality, functionality, availability, or performance of SOFTWARE or SERVICES. PUBLISHER does not assume liability for any inability to obtain or use any content, goods or services.
5.3. Except as expressly stated in this LICENSE, all PUBLISHER warranties whether express or implied by statute, common law or otherwise are hereby excluded to the full extent permitted by law.
6. LICENSEE WARRANTIES
6.1. LICENSEE acknowledges that by pressing "AGREE" this constitutes acceptance of the terms of this LICENSE and states;
6.1.1. that it has the right to enter into this LICENSE AGREEMENT and will be solely responsible for fulfilling all of its obligations pursuant to this LICENSE.
6.1.2. that it shall discharge its obligations hereunder in accordance with its own established internal procedures and in compliance with all applicable laws, enactments, orders, regulations, and other similar instruments and will take whatever steps are required to obtain any government approval, or permission, or serve any notification in respect of this LICENSE that may be required.
6.1.3. that to the maximum extent permitted by applicable law, LICENSEE accepts that the use of PUBLISHER SERVICES, SOFTWARE, and the internet is at the sole risk of LICENSEE.
6.1.4. That LICENSEE indemnifies and holds PUBLISHER harmless from any unauthorized, or illegal use of the LICENSE as granted herein.
6.2. The LICENSEE acknowledges and agrees and Warrants that due to the unique nature of PUBLISHER Proprietary Information, PRODUCT and PROPERTY, there may be no adequate remedy in law for any breach of LICENSEE obligations hereunder and that any such breach may allow the LICENSEE or a third parties to unfairly compete with, or cause irreparable harm to PUBLISHER. LICENSEE therefore states, acknowledges and Warrants upon any such breach, or any threat thereof, PUBLISHER shall be entitled to seek appropriate equitable relief in addition to whatever other remedies PUBLISHER may have at law. LICENSEE will notify PUBLISHER in writing immediately upon the occurrence of any such unauthorized release, or any breach of this LICENSE of which it is aware.
7. PERMITTED LICENSE USES AND RESTRICTIONS.
7.1. This LICENSE and the terms herein allow you to install and use one copy of the PRODUCT and or PUBLISHER SERVICES on a single computer only at any time, for personal, private, non-commercial, non-transferable limited uses as set forth herein.
7.2. You may not copy or download any of the PRODUCT Content or PUBLISHER SERVICES unless you are expressly authorized to do so.
7.3. You may not distribute, publicly perform, display, use for commercial, business, military, academic, or research purposes, or otherwise make unauthorized use of the PRODUCT and or SERVICES and accompanying documentation, including this LICENSE AGREEMENT, without the express written permission of the PUBLISHER. Your rights are subject to your compliance with this LICENSE and or any other agreements applicable to the PUBLISHER SERVICES you are using.
7.4. Your permitted use of the PRODUCT and or SERVICES described herein is limited by the intellectual property rights of PUBLISHER and does not include any rights to other 3rd party patents, or intellectual property.
7.5. Making unauthorized copies or distribution of the PRODUCT and/or Content found on PUBLISHER SERVICES may result in the termination of your Account(s), prohibition on the use of the PRODUCT and further legal action. PUBLISHER and or Content owners may also take criminal or civil action against you for unauthorized use of their intellectual property. You agree to indemnify and hold PUBLISHER harmless from any unauthorized or illegal conduct by you, or through the use of your Account, on PUBLISHER SERVICES.
8. CONTENT.
8.1. Content on PUBLISHER SERVICES includes software, technology, text, forum posts, chat, profiles, widgets, messages, links, emails, music, sound, graphics, pictures, video, code, and all audiovisual or other material appearing on, or emanating to and or from PUBLISHER, and includes the design and appearance of our websites. Content also includes user-generated Content ("UGC"). UGC includes but is not limited to Account personas, forum posts, profile content and any other content contributed by users to PUBLISHER Services. The PRODUCT may contain an Editor that assists users to create new assets, modify existing assets or files or create custom levels, scenarios, or other materials for use solely in connection with the existing PRODUCT.
8.2. Whether or not an Editor has been supplied by PUBLISHER, users are not permitted to use or allow third parties to use, such as Editor and or any materials created for any commercial purposes whatsoever, without the express written permission of PUBLISHER. Any person so doing is committing an offense and or a copyright violation and may be subject to appropriate civil, or criminal action.
8.3. PUBLISHER Content and UGC collectively shall be referred to as "CONTENT." All CONTENT, with the exception of UGC, is owned by PUBLISHER or its affiliates, subsidiaries, licensors, or suppliers. You bear the entire risk of the legality, completeness, accuracy and or usefulness of your UGC.
9. CONTRIBUTING UGC.
9.1. PUBLISHER does not review any UGC and does not endorse, or approve any UGC that you or other users may contribute to PUBLISHER SERVICES. You are solely responsible for your UGC and may be held liable for any UGC that you post.
9.2. PUBLISHER respects the intellectual property rights of others. Therefore you must have the legal right to upload UGC to PUBLISHER SERVICES. You may not upload or post any UGC on PUBLISHER SERVICES that infringes the copyright, trademark, or other intellectual property rights of a third party, nor may you upload UGC that violates the law, this LICENSE, or public decency, or the terms herein and or any third party’s right of privacy or right of publicity. You may upload only UGC that you are permitted to upload, by the owner or by law.
9.3. PUBLISHER may, without prior notice to you and in its sole judgment, remove UGC that may infringe the intellectual property, or other rights of a third party, or at its sole discretion. If you are a repeat infringer of PUBLISHER’s or a third party’s intellectual property or other rights, PUBLISHER may terminate your Account without notice to you. If your Account(s) are terminated, you are not entitled to any compensation, refund for any fees you may have paid, or any associated costs incurred, and you will be denied access to PUBLISHER SERVICES.
9.4. PUBLISHER reserves the right (but has no obligation except as required by law) to remove, block, edit, move or disable UGC for any reason, including when PUBLISHER determines that UGC violates these terms. The decision to remove UGC, or other Content at any time is at PUBLISHER’s sole and final discretion.
9.5. To the maximum extent permitted by applicable law, PUBLISHER does not assume any responsibility, or liability for UGC, or for removal of UGC, or any delay or failure to remove UGC or other content.
10. UGC LICENSE.
10.1. When you contribute UGC to any PUBLISHER SERVICE, you expressly grant to PUBLISHER and its licensors a non-exclusive, perpetual, worldwide, complete, sub-licensable and irrevocable right to quote, re-post, publish, use, adapt, translate, archive, store, reproduce, modify, create derivative works from, syndicate, License, print, sublicense, distribute, transmit, broadcast, and otherwise communicate, and publicly perform or display the UGC, or any portion thereof, in any manner, or form and in any medium, or forum, whether now known, or hereafter devised, without notice, payment, or attribution of any kind to you or any third party. You grant PUBLISHER and its licensees all licenses, consents, and clearances to enable PUBLISHER and its licensees to use such UGC for any purpose. You waive and agree not to assert any moral or similar rights you may have in such UGC.
10.2. The PUBLISHER SERVICE on which you contribute UGC permits other users to access and use any UGC as part of the PUBLISHER SERVICE. You grant all other users the right to use, copy, modify, display, perform, create derivative works from, and otherwise communicate and distribute all and any UGC on, or through the relevant PUBLISHER SERVICE without further notice, attribution, or compensation to you.
11. PRODUCT UPDATES.
11.1. PUBLISHER may allow you to download software, updates or patches, or other utilities and tools from PUBLISHER services onto your computer, entertainment system, or device. Your use of such downloads is subject to this LICENSE. Such downloads may affect, characters, gameplay, or other elements in the PRODUCT. Publisher reserves the right to make such changes without informing you and is not liable to you in any way for any resulting issues from such changes.
12. ONLINE ACCESS AND GAME SERVERS.
12.1. This LICENSE and the terms herein and all supplemental terms, as amended from time to time, govern your use of any online, mobile product, servers or service to which you have been granted access, or any product, or service that requires an internet connection, or account to access, install or play the game, or other services offered by PUBLISHER for any game system, platform or mobile device.
12.2. An account may be required to access and use some PUBLISHER SERVICES. To create an account, you must have an email address, and provide truthful and accurate information where required. You must be eligible to use the PUBLISHER Services for which you are registering. In addition, some Services may require the creation of a "user name" or a "persona" to represent you in-game and online. User names and personas are tied to your account. You may not use a user name, or persona that is used by someone else or in the opinion of PUBLISHER is vulgar, or offensive, or otherwise violates this LICENSE or the terms herein.
12.3. You are solely responsible for all activity on your account and your account may be terminated if you or another uses it to engage in activity that violates the LICENSE, or PUBLISHER SERVICE. You should not reveal your account password to others.
12.4. PUBLISHER at its sole discretion reserves the right to remove, deny or prevent any person from using the PUBLISHER SERVICE for any reason whatsoever, without consultation or notice.
13. BETA TESTS.
13.1. PUBLISHER may approach you, or you may apply to become a Beta Tester ("Tester"). This will involve you assisting, reviewing and evaluating one or more PRODUCT prior to their commercial release, or as part of an early release program (collectively "Pre Release Version"), for the purpose of identifying errors. You will be asked to provide confidential feedback to the PUBLISHER.
13.2. During a Beta Test, the game data may be reset at any time. To be admitted to a Beta Test you will be required to sign and return to PUBLISHER a Non-Disclosure Agreement ("NDA"). Your participation as a Beta Tester is subject to and governed by the NDA and you understand and agree that any Pre Release Version provided to you is confidential. You agree as a condition of participating in a Beta Test that you will not copy, or reproduce the Pre Release Version, or provide access to the Pre Release Version to any other person.
13.3. You acknowledge, accept and agree that a breach of the terms of the NDA or this LICENSE may cause irreparable harm to PUBLISHER, and PUBLISHER is entitled to, in addition to any other remedies available to it, ex parte injunctive relief to prevent further breach or any threatened breach of your obligations.
13.4. Your obligation to keep the Beta version of any PRODUCT confidential will continue until PUBLISHER releases you from your obligations and or publicly distributes, or otherwise publicly releases the PRODUCT.
13.5. You agree upon request from PUBLISHER to immediately return to PUBLISHER, or destroy all copies of the Pre Release Version and any confidential or proprietary information provided to you.
14. SUPPORT & MULTIPLAYER.
14.1. In certain situations and at its sole discretion PUBLISHER may refuse technical support and/or access to multiplayer, or online functionality, including but not limited to where the user attempts, or assist others to bypass security measures on the PRODUCT, or the user is abusive to staff and or community members, or PUBLISHER has reason to suspect the user is attempting to cheat or assisting others to cheat, or PUBLISHER suspect that the person or entity is not the original purchaser of the PRODUCT, or PUBLISHER has previously terminated the LICENSE.
15. RULES OF CONDUCT.
15.1. If you commit any act in breach of this LICENSE, or the terms of any PUBLISHER SERVICE agreement, for any reason whatsoever, as determined by PUBLISHER at its sole discretion and including, but not limited to the following, PUBLISHER may terminate your Account and prevent your use of any and all PUBLISHER SERVICES;
15.1.1. Post, transmit, promote, or distribute Content that is illegal, offensive, obscene, threatening, vulgar, sexually explicit or defamatory.
15.1.2. Harass, threaten, embarrass, or spam other community members.
15.1.3. Engage in disruptive behavior, or cheating.
15.1.4. Impersonate another person.
15.1.5. Attempt to obtain a password, account information, or private information belonging to another.
15.1.6. Upload any software or content that you do not own, without permission from the owner.
15.1.7. Promote, encourage, or participate in any activity, involving hacking, cracking, phishing, or distribution of counterfeit software, or any activity that violates the law in any jurisdiction including but not limited to copyright and trademark infringement.
15.1.8. Upload files that contain a virus, corrupted data, or other programs that may cause damage or disruption.
15.1.9. Post messages for any purpose other than personal communication, including but not limited to transmit unsolicited advertising or any form of promotional materials in-game or in the forums.
15.2. There is no requirement or expectation that the PUBLISHER will monitor, or record any online activity on PUBLISHER SERVICES, including posts or communications. However, PUBLISHER reserves the right to access and or record any activity on PUBLISHER SERVICES and you hereby give PUBLISHER your express consent to access and record such activities.
15.3. PUBLISHER reserves the right to remove any content from any PUBLISHER SERVICE at PUBLISHER’s sole discretion.
15.4 You accept, acknowledge and agree that PUBLISHER has no liability whatsoever in respect LICENSEE’S, or any other party’s violation of this LICENSE, or the terms herein.
15.5. If you encounter another user who is violating any of the Rules of Conduct of PUBLISHER SERVICE please report such to PUBLISHER.
16. SERVICES NOT CONTROLLED BY PUBLISHER.
16.1. Some SOFTWARE may give you the option of using PUBLISHER SOFTWARE on or through a service that is not controlled by the PUBLISHER. PUBLISHER takes no responsibility for your use of PUBLISHER Software on or through any such service and otherwise has no control over how those services are offered, administered, or operated. Any such use is entirely at your own risk and may subject you to additional or different terms and restrictions by the third party running such service.
17. TERMINATION.
17.1. This LICENSE is effective until terminated. Your rights under this LICENSE will Terminate automatically without notice from the PUBLISHER if you fail to comply with this LICENSE or the terms herein. Upon the termination of this LICENSE, you shall cease all use of the PRODUCT.
18. LIMITATIONS ON USE.
18.1. PUBLISHER provides the PRODUCT and PUBLISHER SERVICES on a commercially reasonable basis and does not guarantee that you will be able to access or use the PRODUCT, or PUBLISHER SERVICES at times, or locations of your choosing or that PUBLISHER SERVICES will have adequate capacity at all times, or in any specific geographic area.
18.2. You acknowledge, accept and agree that your sole and exclusive remedy for any dispute with PUBLISHER, or its Developer partner, or other partners arising out of, or relating to the PRODUCT or PUBLISHER SERVICES, is to cease use and or to cancel your account.
18.3. You acknowledge accept and agree that PUBLISHER, its partners, licensors, licensees and affiliates are not liable for any act or failure to act by them, or any other person regarding issues of conduct, communication, or content on PUBLISHER SERVICES or use of the PRODUCT.
18.4. You acknowledge, accept and agree that PUBLISHER, or its partners, licensors’, licensees’, affiliates’, employees’, officers’, or directors’ (collectively, "PUBLISHER affiliates") liability in any circumstances does not exceed the amount that you paid to PUBLISHER for the PRODUCT.
18.5. You acknowledge, accept and agree that PUBLISHER or PUBLISHER affiliates may not be held liable for any incidental, or consequential damages arising from your use of the PUBLISHER SERVICES, PRODUCT, the internet, or for any other claim related in any way to your use of PRODUCT or PUBLISHER SERVICES.
18.6. PUBLISHER uses commercially reasonable means to protect your personal information, however PUBLISHER and PUBLISHER affiliates assume no liability for loss of data, damage caused to your software, or hardware, and any other loss or damage suffered by you or any third party, whether direct, indirect, incidental, special, or consequential and however arising, as a result of accessing or using the PRODUCT or any PUBLISHER SERVICE.
19. INDEMNIFICATION.
19.1. You acknowledge accept agree and indemnify and hold harmless PUBLISHER, its licensors and PUBLISHER Affiliates, contractors, vendors, and content providers from all liabilities, claims, and expenses, including attorneys’ fees, that arise from or relate to any breach of this LICENSE and the terms stated herein, for which you are responsible, or in connection with your distribution of any Content on, or through PUBLISHER Services. Without limiting the generality of the foregoing, you agree to indemnify and hold PUBLISHER and PUBLISHER Affiliates harmless for any improper or illegal use, including the illegal or improper use by others of the SOFTWARE or services. You agree that you will be personally responsible for your use of SOFTWARE and PUBLISHER Services and for all of your communication and activity on PUBLISHER Services, including any Content you contribute, and that you will indemnify and hold harmless PUBLISHER and PUBLISHER Affiliates from any liability or damages arising from your conduct, including any Content that you contribute.
20. ENTIRE AGREEMENT.
20.1. The LICENSE and the terms herein and any other Supplemental Terms posted rules, or instructions regarding a particular game, activity, contest, or any other issue, constitute the entire agreement between you and PUBLISHER as to your rights and obligations in the use of the LICENSE or PUBLISHER Services. If there is any conflict between the LICENSE or the terms herein and any other rules, or instructions posted on any PUBLISHER Service, PUBLISHER in its sole discretion shall resolve such conflict.
21. FORCE MAJEURE
21.1. PUBLISHER shall not be liable to LICENSEE for any failure to perform, or any delay in performing its obligations as a result of events beyond its control ("a force majeure event"). The time for performance will be extended for a period equal to the duration of the Force Majeure.
22. WAIVER
22.1. Any failure or delay by PUBLISHER in exercising its rights under this LICENSE shall not be construed as a waiver of those rights at that time, or at any time thereafter.
23. ASSIGNMENT.
23.1. PUBLISHER may assign all rights and obligations as set out in this LICENSE at its sole discretion. Such rights and obligations shall inure to the benefit of and shall be binding upon the successors and assigns of PUBLISHER. LICENSEE may only assign its rights and obligations hereunder with the prior written consent of the PUBLISHER.
24. GOVERNING LAW
24.1. This LICENSE shall be governed by and shall be construed, interpreted and enforced in accordance with the laws of the United States of the state of Colorado. Further, the parties acknowledge and agree that proper venue and jurisdiction shall lie in appropriate courts in the United States in the state of Colorado.
24.2. In no event will PUBLISHER be liable for any indirect, incidental, special or consequential damages, or damages in connection with any financial loss, profits, revenue or data misuse, incurred by LICENSEE or any third party, whether in an action in contract or tort (including negligence) or otherwise, even if PUBLISHER has been advised of the possibility of such damages. Not with-standing any other provision of the LICENSE, PUBLISHER liability to LICENSEE under any provisions of this LICENSE or otherwise for damages finally awarded shall be limited to a maximum of $1.00 USD. In no event shall PUBLISHER be liable for indirect, incidental, special, or consequential damages, including loss of use, loss of profits, or interruption of business, however, caused or on any theory of liability.
24.3. If any provision of this LICENSE is held by the court, or any other tribunal of competent jurisdiction to be illegal, invalid or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary, so that this LICENSE shall otherwise remain in full force and effect and the PARTIES agree to use their best endeavors to negotiate in good faith an enforceable and legally binding alternative provision.
EPILEPSY WARNING
PLEASE READ THIS NOTICE BEFORE USING SOFTWARE, OR BEFORE ALLOWING OTHERS TO DO SO. Certain individuals may experience epileptic seizures or loss of consciousness when subjected too strong, flashing lights, or similar, or due to other issues. Such individuals may, therefore, experience a seizure while operating computer simulations, video products, or similar. This can also affect individuals who have no prior medical record of epilepsy or have never previously experienced a seizure. If LICENSEE or any person permitted by LICENSEE to use the Software has ever experienced epilepsy symptoms (seizures or loss of consciousness) after such exposure, please consult a doctor before using the Software.
1. Should LICENSEE, or any person permitted by LICENSEE to use the Software, experiences discomfort of any sort, including but not limited to dizziness, poor eyesight, eye, or muscle sensation, loss of consciousness, feelings of disorientation, or any type of involuntary movements, or cramps, or similar; LICENSEE, or user must immediately turn off the software and consult a doctor before further utilization.
2. PRECAUTIONS DURING USE:
2.1. Do not sit too close to the monitor and sit as far back as is comfortably possible;
2.2. Use as small a monitor as possible;
2.3. Do not use the software when tired;
2.4. Ensure there is sufficient lighting in the area;
2.5. Take a break of 10-15 minutes every hour.
READ THIS SOFTWARE LICENSE AGREEMENT CAREFULLY BEFORE PROCEEDING TO INSTALL THE SOFTWARE PRODUCT AND OR UTILIZING ANY OF OUR SERVICES. BY PRESSING "AGREE", YOU ("LICENSEE") AGREE TO BE BOUND BY THIS LICENSE AND THE TERMS HEREIN. YOU THEREFORE ACCEPT AND AGREE TO THE CONTENTS OF THIS LICENSE IN ITS ENTIRETY. THE SOFTWARE YOU ARE ABOUT TO USE IS LICENSED FOR USE BY A SINGLE USER ONLY AND MAY NOT BE SHARED WITH ANY OTHER INDIVIDUAL WITHOUT THE EXPRESS WRITTEN PERMISSION OF LOCK 'N LOAD PUBLISHING, LLC. ("PUBLISHER"). FOR THE AVOIDANCE OF DOUBT ANY TERMS, CONDITIONS, OR CLAUSES CONTAINED IN ANY PURCHASE ORDER, CORRESPONDENCE, DOCUMENTATION, OR NOTICE INTENDED TO CONTRADICT OR RELATE TO THE TERMS OF USE OF THIS LICENSE ARE NULL AND VOID AND HAVE NO EFFECT. IF YOU DO NOT AGREE TO THE FOREGOING, OR IF YOU HAVE ANY DOUBT ABOUT THE PERMITTED USE OF THE SOFTWARE PRODUCT, PRESS "DISAGREE" NOW AND IMMEDIATELY CEASE USE OF THE SOFTWARE. THIS LICENSE AGREEMENT AND THE TERMS HEREIN ARE A LEGALLY BINDING CONTRACT BETWEEN LICENSEE AND THE PUBLISHER.
1. GENERAL
1.1. PUBLISHER owns the Copyright and or LICENSE to all rights including, but not limited to, copyrights, patents, trademarks, trade secrets, tangible and intangible intellectual property, source code, improvements, enhancements, sequence, logic, structure, databases and or other proprietary rights therein, now or hereafter existing ("PROPERTY"). LICENSEE acknowledges that the PROPERTY and all associated materials contain trade secrets of the PUBLISHER. PUBLISHER has the exclusive rights to sell, market, package, distribute and-or LICENSE any and all Products or versions ("PRODUCT") utilizing the PROPERTY and or other connected media or services ("SERVICES") in all territories worldwide.
1.2. This software PRODUCT in its entirety is copyrighted and is protected by international law. The PRODUCT and any accompanying documentation, or SERVICES including this LICENSE whether on disk, in read-only memory, or in any other form is LICENSED, not sold, to LICENSEE by PUBLISHER and is for use only under the terms of this LICENSE. PUBLISHER reserves all rights not expressly granted to LICENSEE. The rights granted herein are limited and do not include any patents or intellectual property rights. PUBLISHER expressly retains ownership of the PRODUCT. By accepting this LICENSE, or utilizing PUBLISHER services, LICENSEE affirms that it is able, competent and permitted to enter into the terms, conditions, obligations, representations, and responsibilities as set out herein and to comply with the terms of the LICENSE.
2. INTERPRETATIONS & DEFINITIONS
2.1. As used in this LICENSE the terms and expressions set out herein shall have the meanings ascribed to them:
2.1.1. "Intellectual Property Rights" means copyright, design rights and all other legal and beneficial intellectual and industrial property rights (including, without limitation, patent and other trade secret rights) throughout the world no matter what such rights may be known as in any particular country in the world, and all know-how;
2.1.2. "Property" means the Software Simulation, including but not limited to the Intellectual Property Rights and the compiled source and or object computer software code, databases, artwork, contents and any other material supplied by PUBLISHER, including related materials and assets created, or supplied by PUBLISHER in connection with the PROPERTY.
2.1.3. "Product(s)" means any version of the PROPERTY sold or LICENSED and or incorporating any element of the PROPERTY, the computer software code, and or other LICENSED materials, as set out herein, including patches, upgrades and additional content relating to the PROPERTY.
2.1.4. "Digital Delivery" means Product(s) delivered by Electronic Software Download (ESD) or any form of electronic or web media now known or that becomes known and including optional extended download services and physical delivery of Product(s) on demand to LICENSEE.
2.1.5. "Bug" means a repeatable phenomenon of unintended events or actions during the running of the Software under normal conditions that results in: (i) the software being consistently unable to perform repeatedly and without interruption; (ii) a significant detriment to the functionality of the software; (iii) a significant detriment to the visual representation or sound of the software; or (iv) the complete destruction or corruption of data.
2.2. The masculine includes the feminine and the neuter and the singular includes the plural and vice versa.
2.3. The LICENSEE shall fulfill any obligation in this LICENSE to comply with any document, statute, enactment, order, regulation or other similar instruments that are referenced in this LICENSE.
2.4. Headings are included in this LICENSE for ease of reference only and shall not affect the interpretation or construction of this LICENSE.
2.5. References to Terms, Clauses, and Exhibits are unless otherwise provided, references to Terms, Clauses and Exhibits of this LICENSE. In the event and to the extent only of any conflict between the Clauses and the Exhibits, the Clauses shall prevail.
2.6. Except as otherwise expressly provided in this LICENSE, all remedies available to PUBLISHER under this LICENSE are cumulative and may be exercised concurrently, or separately and the exercise of any one remedy shall not exclude the exercise of any other remedy.
3. GRANT
3.1. Subject to the terms and conditions of the LICENSE, PUBLISHER grants to LICENSEE a non-exclusive, non-transferable LICENSE to use the PRODUCT solely for LICENSEE‘s own use. LICENSEE IS NOT PERMITTED TO USE THE SOFTWARE PRODUCT, OR PROPERTY FOR ANY COMMERCIAL, BUSINESS, ACADEMIC, RESEARCH, MILITARY OR OTHER SIMILAR USE, OR FOR PUBLIC DISPLAY WITHOUT THE EXPRESS PERMISSION OF PUBLISHER, WHICH MUST BE OBTAINED IN WRITING IN ADVANCE.
3.2. The PRODUCT and any accompanying documentation, including this LICENSE AGREEMENT and SERVICES whether on disk, in read-only memory, or in any other form is LICENSED, not sold, to LICENSEE for use only under the terms of this LICENSE. PUBLISHER reserves all rights not expressly granted to LICENSEE, consequently the rights granted herein are limited and do not include any patents, or intellectual property rights. PUBLISHER expressly retains ownership of the PRODUCT, the PROPERTY, and all associated materials.
3.3. THIS LICENSE AND THE TERMS HEREIN ALLOW LICENSEE TO INSTALL AND USE ONE COPY OF THE PRODUCT, PER LICENSE, BY A SINGLE USER ONLY AND ON A SINGLE COMPUTER, AT ANY TIME, FOR NON-TRANSFERABLE LIMITED USES AS SET FORTH HEREIN. Content and all other intellectual property rights related to the PRODUCT, PROPERTY, and SERVICES are owned by PUBLISHER and are protected by international copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights.
3.4. LICENSEE may not lend, distribute, lease, sell, transmit, transfer, publish, edit, copy, create derivative works, rent, sub-license, decompile, disassemble, reverse engineer, or otherwise make any unauthorized use of the PRODUCT, PROPERTY or content, in whole or in part and shall not incorporate any portion of PRODUCT, or any part of the resulting software into an alternative Product(s), in any form, whether modified or unmodified, without the express written permission of PUBLISHER;
3.5. LICENSEE may not remove, obscure, or alter copyright, patent, trademark, logos, or other proprietary rights notices affixed to PRODUCT or content.
3.6. PUBLISHER reserves all rights, title and interest in the PRODUCT, PROPERTY, and content, and all associated copyrights, trademarks, and other intellectual property rights therein that are not expressly granted to LICENSEE.
3.7. LICENSEE permitted use of the PRODUCT, PROPERTY, content, and SERVICES described herein is limited by the intellectual property rights and other rights of PUBLISHER and does not include any rights to any other patents, or intellectual property not included herein.
3.8. All updates, patches, modifications, or changes to the PRODUCT or SERVICES become PUBLISHER PROPERTY and are subject to the LICENSE.
4. LICENSE
4.1. LICENSEE acknowledges and accepts that this LICENSE and the attached Exhibits which are incorporated into this LICENSE by this reference is the sole agreement between PUBLISHER and LICENSEE. This LICENSE supersedes all prior agreements, understandings and representations (save for fraudulent misrepresentation), both oral and written, and is the only document upon which the parties may rely upon to enforce their rights pursuant to this LICENSE Agreement. FOR THE AVOIDANCE OF DOUBT ANY TERMS, CONDITIONS, OR CLAUSES CONTAINED IN ANY PURCHASE ORDER, CORRESPONDENCE, DOCUMENTATION, OR NOTICE INTENDED TO COUNTER, CONTRADICT OR RELATE TO THE TERMS OF USE OF THIS LICENSE ARE NULL AND VOID AND HAVE NO EFFECT.
4.2. LICENSEE acknowledges and agrees that nothing in this LICENSE constitutes, or shall be construed to constitute, any transfer of title or ownership with respect to the PRODUCT including without limitation transfer of any copyrights, patents, trademarks, trade secrets, intellectual property, source code, improvements, enhancements, sequence, logic, structure, or other proprietary rights therein, now or hereafter existing. LICENSEE acknowledges that (i) the PRODUCT and all materials furnished, or produced in connection therewith, including but not limited to any computer or source code, contains trade secrets of PUBLISHER, entrusted by PUBLISHER to LICENSEE under this LICENSE for use only in the manner expressly permitted hereby and (ii) PUBLISHER holds all right, title and interest in and to all tangible and intangible intellectual property contained in the PRODUCT, including all trade secrets, copyrights and other intellectual property rights pertaining thereto and LICENSEE shall have only the limited, revocable right to use the PRODUCT as set forth in this LICENSE. All modifications, adaptations, changes, or additions made to the PRODUCT shall be the sole and exclusive property of PUBLISHER and shall be considered a part of the PRODUCT, including all applicable rights to patents, copyrights, trademarks and trade secrets inherent therein and appurtenant thereto. The PRODUCT is protected by copyright and contains proprietary information protected by copyright laws, intellectual property laws, international treaty provisions, and other applicable laws. LICENSEE acknowledges and accepts that the PUBLISHER owns all worldwide copyrights in the PRODUCT and any portion or iteration thereof.
4.3. LICENSEE shall not copy, reproduce or duplicate the PRODUCT or any supporting documentation, in any manner or form, in whole or in part. LICENSEE shall prevent any third parties from copying, reproducing or duplicating the PRODUCT and/or the supporting documentation.
4.4. LICENSEE hereby acknowledges and accepts that this product LICENSE is in respect of a single LICENSE only.
5. WARRANTIES
5.1. PUBLISHER LICENSES and LICENSEE accepts, the PRODUCT "as is." PUBLISHER gives no warranties as to the function, or use of the licensed PRODUCT, or SERVICES, including but not limited to the accuracy of any results derived or displayed, whether express, implied, or statutory, including, without limitation, any implied warranties of merchantability or fitness for a particular purpose. The entire risk as to the quality and performance of the licensed PRODUCT or SERVICES is with the LICENSEE. PUBLISHER does not warrant that the functions contained or displayed in the licensed PRODUCT will meet LICENSEE's requirements or that the operation of the licensed PRODUCT will be suitable for any particular purpose, nor uninterrupted or error-free. In no event will PUBLISHER be liable to LICENSEE or any other entity for damages, direct or indirect, of any nature, or expenses incurred by LICENSEE in connection with the use of the PRODUCT. LICENSEE’s sole and exclusive remedy shall be to terminate this LICENSE without refund.
5.2. PUBLISHER SERVICES, SOFTWARE and third-party services and products are provided on an "as is" and "as available" basis for your use, without warranties of any kind, either express or implied. No warranty is given about the quality, functionality, availability, or performance of SOFTWARE or SERVICES. PUBLISHER does not assume liability for any inability to obtain or use any content, goods or services.
5.3. Except as expressly stated in this LICENSE, all PUBLISHER warranties whether express or implied by statute, common law or otherwise are hereby excluded to the full extent permitted by law.
6. LICENSEE WARRANTIES
6.1. LICENSEE acknowledges that by pressing "AGREE" this constitutes acceptance of the terms of this LICENSE and states;
6.1.1. that it has the right to enter into this LICENSE AGREEMENT and will be solely responsible for fulfilling all of its obligations pursuant to this LICENSE.
6.1.2. that it shall discharge its obligations hereunder in accordance with its own established internal procedures and in compliance with all applicable laws, enactments, orders, regulations, and other similar instruments and will take whatever steps are required to obtain any government approval, or permission, or serve any notification in respect of this LICENSE that may be required.
6.1.3. that to the maximum extent permitted by applicable law, LICENSEE accepts that the use of PUBLISHER SERVICES, SOFTWARE, and the internet is at the sole risk of LICENSEE.
6.1.4. That LICENSEE indemnifies and holds PUBLISHER harmless from any unauthorized, or illegal use of the LICENSE as granted herein.
6.2. The LICENSEE acknowledges and agrees and Warrants that due to the unique nature of PUBLISHER Proprietary Information, PRODUCT and PROPERTY, there may be no adequate remedy in law for any breach of LICENSEE obligations hereunder and that any such breach may allow the LICENSEE or a third parties to unfairly compete with, or cause irreparable harm to PUBLISHER. LICENSEE therefore states, acknowledges and Warrants upon any such breach, or any threat thereof, PUBLISHER shall be entitled to seek appropriate equitable relief in addition to whatever other remedies PUBLISHER may have at law. LICENSEE will notify PUBLISHER in writing immediately upon the occurrence of any such unauthorized release, or any breach of this LICENSE of which it is aware.
7. PERMITTED LICENSE USES AND RESTRICTIONS.
7.1. This LICENSE and the terms herein allow you to install and use one copy of the PRODUCT and or PUBLISHER SERVICES on a single computer only at any time, for personal, private, non-commercial, non-transferable limited uses as set forth herein.
7.2. You may not copy or download any of the PRODUCT Content or PUBLISHER SERVICES unless you are expressly authorized to do so.
7.3. You may not distribute, publicly perform, display, use for commercial, business, military, academic, or research purposes, or otherwise make unauthorized use of the PRODUCT and or SERVICES and accompanying documentation, including this LICENSE AGREEMENT, without the express written permission of the PUBLISHER. Your rights are subject to your compliance with this LICENSE and or any other agreements applicable to the PUBLISHER SERVICES you are using.
7.4. Your permitted use of the PRODUCT and or SERVICES described herein is limited by the intellectual property rights of PUBLISHER and does not include any rights to other 3rd party patents, or intellectual property.
7.5. Making unauthorized copies or distribution of the PRODUCT and/or Content found on PUBLISHER SERVICES may result in the termination of your Account(s), prohibition on the use of the PRODUCT and further legal action. PUBLISHER and or Content owners may also take criminal or civil action against you for unauthorized use of their intellectual property. You agree to indemnify and hold PUBLISHER harmless from any unauthorized or illegal conduct by you, or through the use of your Account, on PUBLISHER SERVICES.
8. CONTENT.
8.1. Content on PUBLISHER SERVICES includes software, technology, text, forum posts, chat, profiles, widgets, messages, links, emails, music, sound, graphics, pictures, video, code, and all audiovisual or other material appearing on, or emanating to and or from PUBLISHER, and includes the design and appearance of our websites. Content also includes user-generated Content ("UGC"). UGC includes but is not limited to Account personas, forum posts, profile content and any other content contributed by users to PUBLISHER Services. The PRODUCT may contain an Editor that assists users to create new assets, modify existing assets or files or create custom levels, scenarios, or other materials for use solely in connection with the existing PRODUCT.
8.2. Whether or not an Editor has been supplied by PUBLISHER, users are not permitted to use or allow third parties to use, such as Editor and or any materials created for any commercial purposes whatsoever, without the express written permission of PUBLISHER. Any person so doing is committing an offense and or a copyright violation and may be subject to appropriate civil, or criminal action.
8.3. PUBLISHER Content and UGC collectively shall be referred to as "CONTENT." All CONTENT, with the exception of UGC, is owned by PUBLISHER or its affiliates, subsidiaries, licensors, or suppliers. You bear the entire risk of the legality, completeness, accuracy and or usefulness of your UGC.
9. CONTRIBUTING UGC.
9.1. PUBLISHER does not review any UGC and does not endorse, or approve any UGC that you or other users may contribute to PUBLISHER SERVICES. You are solely responsible for your UGC and may be held liable for any UGC that you post.
9.2. PUBLISHER respects the intellectual property rights of others. Therefore you must have the legal right to upload UGC to PUBLISHER SERVICES. You may not upload or post any UGC on PUBLISHER SERVICES that infringes the copyright, trademark, or other intellectual property rights of a third party, nor may you upload UGC that violates the law, this LICENSE, or public decency, or the terms herein and or any third party’s right of privacy or right of publicity. You may upload only UGC that you are permitted to upload, by the owner or by law.
9.3. PUBLISHER may, without prior notice to you and in its sole judgment, remove UGC that may infringe the intellectual property, or other rights of a third party, or at its sole discretion. If you are a repeat infringer of PUBLISHER’s or a third party’s intellectual property or other rights, PUBLISHER may terminate your Account without notice to you. If your Account(s) are terminated, you are not entitled to any compensation, refund for any fees you may have paid, or any associated costs incurred, and you will be denied access to PUBLISHER SERVICES.
9.4. PUBLISHER reserves the right (but has no obligation except as required by law) to remove, block, edit, move or disable UGC for any reason, including when PUBLISHER determines that UGC violates these terms. The decision to remove UGC, or other Content at any time is at PUBLISHER’s sole and final discretion.
9.5. To the maximum extent permitted by applicable law, PUBLISHER does not assume any responsibility, or liability for UGC, or for removal of UGC, or any delay or failure to remove UGC or other content.
10. UGC LICENSE.
10.1. When you contribute UGC to any PUBLISHER SERVICE, you expressly grant to PUBLISHER and its licensors a non-exclusive, perpetual, worldwide, complete, sub-licensable and irrevocable right to quote, re-post, publish, use, adapt, translate, archive, store, reproduce, modify, create derivative works from, syndicate, License, print, sublicense, distribute, transmit, broadcast, and otherwise communicate, and publicly perform or display the UGC, or any portion thereof, in any manner, or form and in any medium, or forum, whether now known, or hereafter devised, without notice, payment, or attribution of any kind to you or any third party. You grant PUBLISHER and its licensees all licenses, consents, and clearances to enable PUBLISHER and its licensees to use such UGC for any purpose. You waive and agree not to assert any moral or similar rights you may have in such UGC.
10.2. The PUBLISHER SERVICE on which you contribute UGC permits other users to access and use any UGC as part of the PUBLISHER SERVICE. You grant all other users the right to use, copy, modify, display, perform, create derivative works from, and otherwise communicate and distribute all and any UGC on, or through the relevant PUBLISHER SERVICE without further notice, attribution, or compensation to you.
11. PRODUCT UPDATES.
11.1. PUBLISHER may allow you to download software, updates or patches, or other utilities and tools from PUBLISHER services onto your computer, entertainment system, or device. Your use of such downloads is subject to this LICENSE. Such downloads may affect, characters, gameplay, or other elements in the PRODUCT. Publisher reserves the right to make such changes without informing you and is not liable to you in any way for any resulting issues from such changes.
12. ONLINE ACCESS AND GAME SERVERS.
12.1. This LICENSE and the terms herein and all supplemental terms, as amended from time to time, govern your use of any online, mobile product, servers or service to which you have been granted access, or any product, or service that requires an internet connection, or account to access, install or play the game, or other services offered by PUBLISHER for any game system, platform or mobile device.
12.2. An account may be required to access and use some PUBLISHER SERVICES. To create an account, you must have an email address, and provide truthful and accurate information where required. You must be eligible to use the PUBLISHER Services for which you are registering. In addition, some Services may require the creation of a "user name" or a "persona" to represent you in-game and online. User names and personas are tied to your account. You may not use a user name, or persona that is used by someone else or in the opinion of PUBLISHER is vulgar, or offensive, or otherwise violates this LICENSE or the terms herein.
12.3. You are solely responsible for all activity on your account and your account may be terminated if you or another uses it to engage in activity that violates the LICENSE, or PUBLISHER SERVICE. You should not reveal your account password to others.
12.4. PUBLISHER at its sole discretion reserves the right to remove, deny or prevent any person from using the PUBLISHER SERVICE for any reason whatsoever, without consultation or notice.
13. BETA TESTS.
13.1. PUBLISHER may approach you, or you may apply to become a Beta Tester ("Tester"). This will involve you assisting, reviewing and evaluating one or more PRODUCT prior to their commercial release, or as part of an early release program (collectively "Pre Release Version"), for the purpose of identifying errors. You will be asked to provide confidential feedback to the PUBLISHER.
13.2. During a Beta Test, the game data may be reset at any time. To be admitted to a Beta Test you will be required to sign and return to PUBLISHER a Non-Disclosure Agreement ("NDA"). Your participation as a Beta Tester is subject to and governed by the NDA and you understand and agree that any Pre Release Version provided to you is confidential. You agree as a condition of participating in a Beta Test that you will not copy, or reproduce the Pre Release Version, or provide access to the Pre Release Version to any other person.
13.3. You acknowledge, accept and agree that a breach of the terms of the NDA or this LICENSE may cause irreparable harm to PUBLISHER, and PUBLISHER is entitled to, in addition to any other remedies available to it, ex parte injunctive relief to prevent further breach or any threatened breach of your obligations.
13.4. Your obligation to keep the Beta version of any PRODUCT confidential will continue until PUBLISHER releases you from your obligations and or publicly distributes, or otherwise publicly releases the PRODUCT.
13.5. You agree upon request from PUBLISHER to immediately return to PUBLISHER, or destroy all copies of the Pre Release Version and any confidential or proprietary information provided to you.
14. SUPPORT & MULTIPLAYER.
14.1. In certain situations and at its sole discretion PUBLISHER may refuse technical support and/or access to multiplayer, or online functionality, including but not limited to where the user attempts, or assist others to bypass security measures on the PRODUCT, or the user is abusive to staff and or community members, or PUBLISHER has reason to suspect the user is attempting to cheat or assisting others to cheat, or PUBLISHER suspect that the person or entity is not the original purchaser of the PRODUCT, or PUBLISHER has previously terminated the LICENSE.
15. RULES OF CONDUCT.
15.1. If you commit any act in breach of this LICENSE, or the terms of any PUBLISHER SERVICE agreement, for any reason whatsoever, as determined by PUBLISHER at its sole discretion and including, but not limited to the following, PUBLISHER may terminate your Account and prevent your use of any and all PUBLISHER SERVICES;
15.1.1. Post, transmit, promote, or distribute Content that is illegal, offensive, obscene, threatening, vulgar, sexually explicit or defamatory.
15.1.2. Harass, threaten, embarrass, or spam other community members.
15.1.3. Engage in disruptive behavior, or cheating.
15.1.4. Impersonate another person.
15.1.5. Attempt to obtain a password, account information, or private information belonging to another.
15.1.6. Upload any software or content that you do not own, without permission from the owner.
15.1.7. Promote, encourage, or participate in any activity, involving hacking, cracking, phishing, or distribution of counterfeit software, or any activity that violates the law in any jurisdiction including but not limited to copyright and trademark infringement.
15.1.8. Upload files that contain a virus, corrupted data, or other programs that may cause damage or disruption.
15.1.9. Post messages for any purpose other than personal communication, including but not limited to transmit unsolicited advertising or any form of promotional materials in-game or in the forums.
15.2. There is no requirement or expectation that the PUBLISHER will monitor, or record any online activity on PUBLISHER SERVICES, including posts or communications. However, PUBLISHER reserves the right to access and or record any activity on PUBLISHER SERVICES and you hereby give PUBLISHER your express consent to access and record such activities.
15.3. PUBLISHER reserves the right to remove any content from any PUBLISHER SERVICE at PUBLISHER’s sole discretion.
15.4 You accept, acknowledge and agree that PUBLISHER has no liability whatsoever in respect LICENSEE’S, or any other party’s violation of this LICENSE, or the terms herein.
15.5. If you encounter another user who is violating any of the Rules of Conduct of PUBLISHER SERVICE please report such to PUBLISHER.
16. SERVICES NOT CONTROLLED BY PUBLISHER.
16.1. Some SOFTWARE may give you the option of using PUBLISHER SOFTWARE on or through a service that is not controlled by the PUBLISHER. PUBLISHER takes no responsibility for your use of PUBLISHER Software on or through any such service and otherwise has no control over how those services are offered, administered, or operated. Any such use is entirely at your own risk and may subject you to additional or different terms and restrictions by the third party running such service.
17. TERMINATION.
17.1. This LICENSE is effective until terminated. Your rights under this LICENSE will Terminate automatically without notice from the PUBLISHER if you fail to comply with this LICENSE or the terms herein. Upon the termination of this LICENSE, you shall cease all use of the PRODUCT.
18. LIMITATIONS ON USE.
18.1. PUBLISHER provides the PRODUCT and PUBLISHER SERVICES on a commercially reasonable basis and does not guarantee that you will be able to access or use the PRODUCT, or PUBLISHER SERVICES at times, or locations of your choosing or that PUBLISHER SERVICES will have adequate capacity at all times, or in any specific geographic area.
18.2. You acknowledge, accept and agree that your sole and exclusive remedy for any dispute with PUBLISHER, or its Developer partner, or other partners arising out of, or relating to the PRODUCT or PUBLISHER SERVICES, is to cease use and or to cancel your account.
18.3. You acknowledge accept and agree that PUBLISHER, its partners, licensors, licensees and affiliates are not liable for any act or failure to act by them, or any other person regarding issues of conduct, communication, or content on PUBLISHER SERVICES or use of the PRODUCT.
18.4. You acknowledge, accept and agree that PUBLISHER, or its partners, licensors’, licensees’, affiliates’, employees’, officers’, or directors’ (collectively, "PUBLISHER affiliates") liability in any circumstances does not exceed the amount that you paid to PUBLISHER for the PRODUCT.
18.5. You acknowledge, accept and agree that PUBLISHER or PUBLISHER affiliates may not be held liable for any incidental, or consequential damages arising from your use of the PUBLISHER SERVICES, PRODUCT, the internet, or for any other claim related in any way to your use of PRODUCT or PUBLISHER SERVICES.
18.6. PUBLISHER uses commercially reasonable means to protect your personal information, however PUBLISHER and PUBLISHER affiliates assume no liability for loss of data, damage caused to your software, or hardware, and any other loss or damage suffered by you or any third party, whether direct, indirect, incidental, special, or consequential and however arising, as a result of accessing or using the PRODUCT or any PUBLISHER SERVICE.
19. INDEMNIFICATION.
19.1. You acknowledge accept agree and indemnify and hold harmless PUBLISHER, its licensors and PUBLISHER Affiliates, contractors, vendors, and content providers from all liabilities, claims, and expenses, including attorneys’ fees, that arise from or relate to any breach of this LICENSE and the terms stated herein, for which you are responsible, or in connection with your distribution of any Content on, or through PUBLISHER Services. Without limiting the generality of the foregoing, you agree to indemnify and hold PUBLISHER and PUBLISHER Affiliates harmless for any improper or illegal use, including the illegal or improper use by others of the SOFTWARE or services. You agree that you will be personally responsible for your use of SOFTWARE and PUBLISHER Services and for all of your communication and activity on PUBLISHER Services, including any Content you contribute, and that you will indemnify and hold harmless PUBLISHER and PUBLISHER Affiliates from any liability or damages arising from your conduct, including any Content that you contribute.
20. ENTIRE AGREEMENT.
20.1. The LICENSE and the terms herein and any other Supplemental Terms posted rules, or instructions regarding a particular game, activity, contest, or any other issue, constitute the entire agreement between you and PUBLISHER as to your rights and obligations in the use of the LICENSE or PUBLISHER Services. If there is any conflict between the LICENSE or the terms herein and any other rules, or instructions posted on any PUBLISHER Service, PUBLISHER in its sole discretion shall resolve such conflict.
21. FORCE MAJEURE
21.1. PUBLISHER shall not be liable to LICENSEE for any failure to perform, or any delay in performing its obligations as a result of events beyond its control ("a force majeure event"). The time for performance will be extended for a period equal to the duration of the Force Majeure.
22. WAIVER
22.1. Any failure or delay by PUBLISHER in exercising its rights under this LICENSE shall not be construed as a waiver of those rights at that time, or at any time thereafter.
23. ASSIGNMENT.
23.1. PUBLISHER may assign all rights and obligations as set out in this LICENSE at its sole discretion. Such rights and obligations shall inure to the benefit of and shall be binding upon the successors and assigns of PUBLISHER. LICENSEE may only assign its rights and obligations hereunder with the prior written consent of the PUBLISHER.
24. GOVERNING LAW
24.1. This LICENSE shall be governed by and shall be construed, interpreted and enforced in accordance with the laws of the United States of the state of Colorado. Further, the parties acknowledge and agree that proper venue and jurisdiction shall lie in appropriate courts in the United States in the state of Colorado.
24.2. In no event will PUBLISHER be liable for any indirect, incidental, special or consequential damages, or damages in connection with any financial loss, profits, revenue or data misuse, incurred by LICENSEE or any third party, whether in an action in contract or tort (including negligence) or otherwise, even if PUBLISHER has been advised of the possibility of such damages. Not with-standing any other provision of the LICENSE, PUBLISHER liability to LICENSEE under any provisions of this LICENSE or otherwise for damages finally awarded shall be limited to a maximum of $1.00 USD. In no event shall PUBLISHER be liable for indirect, incidental, special, or consequential damages, including loss of use, loss of profits, or interruption of business, however, caused or on any theory of liability.
24.3. If any provision of this LICENSE is held by the court, or any other tribunal of competent jurisdiction to be illegal, invalid or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary, so that this LICENSE shall otherwise remain in full force and effect and the PARTIES agree to use their best endeavors to negotiate in good faith an enforceable and legally binding alternative provision.
EPILEPSY WARNING
PLEASE READ THIS NOTICE BEFORE USING SOFTWARE, OR BEFORE ALLOWING OTHERS TO DO SO. Certain individuals may experience epileptic seizures or loss of consciousness when subjected too strong, flashing lights, or similar, or due to other issues. Such individuals may, therefore, experience a seizure while operating computer simulations, video products, or similar. This can also affect individuals who have no prior medical record of epilepsy or have never previously experienced a seizure. If LICENSEE or any person permitted by LICENSEE to use the Software has ever experienced epilepsy symptoms (seizures or loss of consciousness) after such exposure, please consult a doctor before using the Software.
1. Should LICENSEE, or any person permitted by LICENSEE to use the Software, experiences discomfort of any sort, including but not limited to dizziness, poor eyesight, eye, or muscle sensation, loss of consciousness, feelings of disorientation, or any type of involuntary movements, or cramps, or similar; LICENSEE, or user must immediately turn off the software and consult a doctor before further utilization.
2. PRECAUTIONS DURING USE:
2.1. Do not sit too close to the monitor and sit as far back as is comfortably possible;
2.2. Use as small a monitor as possible;
2.3. Do not use the software when tired;
2.4. Ensure there is sufficient lighting in the area;
2.5. Take a break of 10-15 minutes every hour.