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Reincarnated As A Monster is licensed, not sold.
This End User License Agreement ( "EULA" ) is a binding agreement between you ( "You" or "Your" ) and SpiritWing ( "SW" ). This EULA governs your use of Reincarnated As A Monster ( "Reincarnated As A Monster" ).
Definitions
EULA shall mean this End User License Agreement.
SW shall mean SpiritWing.
You and Your shall mean you.
Reincarnated As A Monster shall mean the game Reincarnated As A Monster, related documentation, and any updates and upgrades that replace or supplement the game in any respect.
DRM shall mean Digital Rights Management.
Personal Computer shall mean any personal computer, including but not limited to any personal computer that uses Windows, Mac, or Linux operating system software.
Alpha shall mean the pre-release version of Reincarnated As A Monster with major features and content missing.
Beta shall mean the pre-release version of Reincarnated As A Monster following Alpha with major features and content complete.
Final Release shall mean the full retail version of Reincarnated As A Monster following Beta.
The headings to clauses are inserted for convenience only and shall not affect the construction of this Agreement.
Words expressed in the singular shall where the context so requires of permits include the plural.
Acknowledgement
By downloading, installing, copying or otherwise using Reincarnated As A Monster you agree to the terms of this EULA and agree to be bound by it.
Reincarnated As A Monster is being licensed to you and you hereby acknowledge that no title or ownership in Reincarnated As A Monster is being transferred or assigned and this EULA should not be construed as a sale of any rights in Reincarnated As A Monster.
Grant Of Limited License
Subject to the terms of the EULA, SW hereby grants you a non-exclusive, non-transferable, revocable limited right and license to install and use Reincarnated As A Monster for your personal non-commercial use. Any commercial use is prohibited.
Your acquired rights are subject to your compliance with this EULA.
The term of this EULA shall commence on the date that you install or otherwise use Reincarnated As A Monster, and shall end on the earlier date that you dispose of Reincarnated As A Monster, or SW's termination of this EULA.
License Conditions
You agree not to distribute, sell, lease, rent, loan or otherwise transfer or assign Reincarnated As A Monster, or any copies of Reincarnated As A Monster.
You agree not to copy, reproduce, decompile, disassemble, derive source code from or reverse engineer, in whole or in part, Reincarnated As A Monster, or to prepare derivative works based on Reincarnated As A Monster without the express prior permission of SW.
You agree not to modify or cause to be modified any files that are part of Reincarnated As A Monster in any way not expressly authorized by SW.
You agree not to make a copy of Reincarnated As A Monster on a network that is accessible by users other than yourself, including but not limited to public file-sharing networks.
You agree not to remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols, or labels in Reincarnated As A Monster.
You agree not to transport, export or re-export into any country that may result in a violation of local import/export laws or regulations.
Technical Protection
Reincarnated As A Monster may include measures to control access to Reincarnated As A Monster, control access to certain features or content, prevent unauthorized copies, or otherwise attempt to prevent anyone from exceeding the limited rights and licenses granted under this EULA. Only licensed installations of Reincarnated As A Monster can be used to access online services, including downloading updates and patches. You may not interfere with such access control measures or attempt to disable or circumvent such security features. If you disable or otherwise tamper with the technical protection measures, Reincarnated As A Monster may not function properly.
Your license will immediately terminate should you attempt to circumvent any DRM protection for Reincarnated As A Monster.
Reservation Of Rights
SW reserves all right, title and interest in Reincarnated As A Monster, including but not limited to all copyrights, trademarks, trade names, patents, titles, characters, character names, stories, storylines, locations, location names, artwork and graphics, audio, animations, text assets and any other intellectual property therein.
Internet Connection
Reincarnated As A Monster may require an internet connection to access internet-based features, including but not limited to uploading and downloading user-generated content. Without an internet connection, such features may cease to work properly.
Information Collection and Usage
You agree that SW may transfer, share, and/or store your user data outside the European Economic Area where reasonably necessary to administer, operate, maintain and support Reincarnated As A Monster. When connected to the Internet and using Reincarnated As A Monster, SW may receive information including by not limited to your hardware MAC address, internet protocol address, and your usage of various game features. All information collected by SW is intended to be anonymous information that does not disclose your identity or constitute personal information. However, if you include personal information such as your real name in your user ID, then such personal information will automatically be transmitted to SW and used as described herein.
The information collected by SW may be posted by SW on publicly-accessible web sites, shared with hardware manufacturers, shared with platform hosts, shared with SW's marketing partners or used by SW for any other lawful purpose. By using Reincarnated As A Monster you consent to SW's use of related data, including public display of your data such as displaying your scores, ranking, achievements and other gameplay data. If you do not want your information shared in this manner, then you should not use Reincarnated As A Monster.
SW does not guarantee that your information will not be disclosed to third parties. While SW's aim is to keep your information confidential, third parties may unlawfully intercept transmissions or private communications, or access data within the System.
Seizure Warning
In rare instances, some users may experience seizures when exposed to certain light patterns or flashing lights. Exposure to certain light patterns or backgrounds on a video monitor may induce an epileptic seizure, even in persons who have no history of prior seizures or epilepsy.
Termination
This EULA is effective until terminated.
SW may terminate this EULA immediately without prior notice if you fail to comply or otherwise violate the terms of this EULA, or if you infringe the intellectual property rights of any third party.
You may terminate this EULA at any time by informing SW by sending an email to tckiat88@gmail.com.
Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Reincarnated As A Monster IS PROVIDED ON AN "AS IS" BASIS, WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND, AND SW HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. YOUR USE IS AT YOUR SOLE RISK.
SW does not warrant the performance of Reincarnated As A Monster on your specific Personal Computer.
SW does not warrant that Reincarnated As A Monster will run permanently or uninterrupted on your Personal Computer.
SW does not warrant against interference with your enjoyment of Reincarnated As A Monster; that Reincarnated As A Monster will be uninterrupted, virus-free or error-free, or that Reincarnated As A Monster will be compatible with third-party software or that any errors in Reincarnated As A Monster will be corrected.
SW is not liable for delays or difficulties that are due to circumstances beyond its control.
You acknowledge and agree that your exclusive remedy for any dispute with SW is to stop using Reincarnated As A Monster.
No oral or written advice by SW or authorized representative shall create a warranty.
At some point in the future Reincarnated As A Monster may go out of date, and SW makes no commitment to update Reincarnated As A Monster.
Information and related graphics published as part of Reincarnated As A Monster may include technical inaccuracies or typographical errors.
Whereby Reincarnated As A Monster is made available for licensing during the Alpha or Beta phases of development via services such as Steam Early Access, you acknowledge and agree that during development features and content included are subject to change without prior notice, and that the Final Release of Reincarnated As A Monster may not include major features and content included in the earlier Alpha and Beta releases.
Indemnification
By using Reincarnated As A Monster, you hereby agree to defend, indemnify and hold harmless SW, it's employees and its directors from and against any and all claims, liabilities, losses, injury damages, costs or expenses ( including reasonable solicitor's fees ) incurred by SW arising out of or from your use of Reincarnated As A Monster.
Limitation Of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SW BE LIABLE FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, LOSS OF BUSINESS, COST OF SUBSTITUTE GOODS OR SERVICES, OR ANY FORM OF INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, WHETHER ARISING IN TORT ( INCLUDING NEGLIGENCE ), CONTRACT, STRICT LIABILITY OR OTHERWISE, WHETHER OR NOT SW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
The entire risk of satisfactory quality and performance resides with you.
Except as required by applicable law, SW shall not be liable to you for any acts or omissions by an operator.
In no event shall SW's total liability to you for all damages exceed the amount actually paid by you for Reincarnated As A Monster.
You agree that a breach of this EULA may cause irreparable injury to SW for which monetary damages would not be an adequate remedy and SW shall in such event by entitled to seek equitable relief in addition to any other remedies it may have hereunder or at law.
Applicable Law
This EULA shall be governed by and construed and interpreted in accordance with English law, and the parties hereby submit to the exclusive jurisdiction of the courts of England.
The parties agree that the UN Convention on Contracts for the International Sale of Goods ( Vienna, 1980 ) shall not apply to this EULA or to any dispute or transaction arising out of this EULA.
Both parties agree that they before initiating any action in court, first seek to resolve any dispute between them through good faith negotiations of up to 15 days initiated by written communication, except in the case of injunctive relief.
This EULA is in substitution for all previous contracts express or implied between the parties.
This EULA embodies the entire understanding of the parties in respect of the matters contained or referred to in it and there are no promises, terms, conditions or obligations, oral or written, express or implied, other than those contained in this EULA.
Severability
If any provision of this EULA shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect the other provisions of this Agreement (as appropriate) and all provisions not affected by such invalidity or unenforceability shall remain in full force and effect.
This End User License Agreement ( "EULA" ) is a binding agreement between you ( "You" or "Your" ) and SpiritWing ( "SW" ). This EULA governs your use of Reincarnated As A Monster ( "Reincarnated As A Monster" ).
Definitions
EULA shall mean this End User License Agreement.
SW shall mean SpiritWing.
You and Your shall mean you.
Reincarnated As A Monster shall mean the game Reincarnated As A Monster, related documentation, and any updates and upgrades that replace or supplement the game in any respect.
DRM shall mean Digital Rights Management.
Personal Computer shall mean any personal computer, including but not limited to any personal computer that uses Windows, Mac, or Linux operating system software.
Alpha shall mean the pre-release version of Reincarnated As A Monster with major features and content missing.
Beta shall mean the pre-release version of Reincarnated As A Monster following Alpha with major features and content complete.
Final Release shall mean the full retail version of Reincarnated As A Monster following Beta.
The headings to clauses are inserted for convenience only and shall not affect the construction of this Agreement.
Words expressed in the singular shall where the context so requires of permits include the plural.
Acknowledgement
By downloading, installing, copying or otherwise using Reincarnated As A Monster you agree to the terms of this EULA and agree to be bound by it.
Reincarnated As A Monster is being licensed to you and you hereby acknowledge that no title or ownership in Reincarnated As A Monster is being transferred or assigned and this EULA should not be construed as a sale of any rights in Reincarnated As A Monster.
Grant Of Limited License
Subject to the terms of the EULA, SW hereby grants you a non-exclusive, non-transferable, revocable limited right and license to install and use Reincarnated As A Monster for your personal non-commercial use. Any commercial use is prohibited.
Your acquired rights are subject to your compliance with this EULA.
The term of this EULA shall commence on the date that you install or otherwise use Reincarnated As A Monster, and shall end on the earlier date that you dispose of Reincarnated As A Monster, or SW's termination of this EULA.
License Conditions
You agree not to distribute, sell, lease, rent, loan or otherwise transfer or assign Reincarnated As A Monster, or any copies of Reincarnated As A Monster.
You agree not to copy, reproduce, decompile, disassemble, derive source code from or reverse engineer, in whole or in part, Reincarnated As A Monster, or to prepare derivative works based on Reincarnated As A Monster without the express prior permission of SW.
You agree not to modify or cause to be modified any files that are part of Reincarnated As A Monster in any way not expressly authorized by SW.
You agree not to make a copy of Reincarnated As A Monster on a network that is accessible by users other than yourself, including but not limited to public file-sharing networks.
You agree not to remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols, or labels in Reincarnated As A Monster.
You agree not to transport, export or re-export into any country that may result in a violation of local import/export laws or regulations.
Technical Protection
Reincarnated As A Monster may include measures to control access to Reincarnated As A Monster, control access to certain features or content, prevent unauthorized copies, or otherwise attempt to prevent anyone from exceeding the limited rights and licenses granted under this EULA. Only licensed installations of Reincarnated As A Monster can be used to access online services, including downloading updates and patches. You may not interfere with such access control measures or attempt to disable or circumvent such security features. If you disable or otherwise tamper with the technical protection measures, Reincarnated As A Monster may not function properly.
Your license will immediately terminate should you attempt to circumvent any DRM protection for Reincarnated As A Monster.
Reservation Of Rights
SW reserves all right, title and interest in Reincarnated As A Monster, including but not limited to all copyrights, trademarks, trade names, patents, titles, characters, character names, stories, storylines, locations, location names, artwork and graphics, audio, animations, text assets and any other intellectual property therein.
Internet Connection
Reincarnated As A Monster may require an internet connection to access internet-based features, including but not limited to uploading and downloading user-generated content. Without an internet connection, such features may cease to work properly.
Information Collection and Usage
You agree that SW may transfer, share, and/or store your user data outside the European Economic Area where reasonably necessary to administer, operate, maintain and support Reincarnated As A Monster. When connected to the Internet and using Reincarnated As A Monster, SW may receive information including by not limited to your hardware MAC address, internet protocol address, and your usage of various game features. All information collected by SW is intended to be anonymous information that does not disclose your identity or constitute personal information. However, if you include personal information such as your real name in your user ID, then such personal information will automatically be transmitted to SW and used as described herein.
The information collected by SW may be posted by SW on publicly-accessible web sites, shared with hardware manufacturers, shared with platform hosts, shared with SW's marketing partners or used by SW for any other lawful purpose. By using Reincarnated As A Monster you consent to SW's use of related data, including public display of your data such as displaying your scores, ranking, achievements and other gameplay data. If you do not want your information shared in this manner, then you should not use Reincarnated As A Monster.
SW does not guarantee that your information will not be disclosed to third parties. While SW's aim is to keep your information confidential, third parties may unlawfully intercept transmissions or private communications, or access data within the System.
Seizure Warning
In rare instances, some users may experience seizures when exposed to certain light patterns or flashing lights. Exposure to certain light patterns or backgrounds on a video monitor may induce an epileptic seizure, even in persons who have no history of prior seizures or epilepsy.
Termination
This EULA is effective until terminated.
SW may terminate this EULA immediately without prior notice if you fail to comply or otherwise violate the terms of this EULA, or if you infringe the intellectual property rights of any third party.
You may terminate this EULA at any time by informing SW by sending an email to tckiat88@gmail.com.
Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Reincarnated As A Monster IS PROVIDED ON AN "AS IS" BASIS, WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND, AND SW HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. YOUR USE IS AT YOUR SOLE RISK.
SW does not warrant the performance of Reincarnated As A Monster on your specific Personal Computer.
SW does not warrant that Reincarnated As A Monster will run permanently or uninterrupted on your Personal Computer.
SW does not warrant against interference with your enjoyment of Reincarnated As A Monster; that Reincarnated As A Monster will be uninterrupted, virus-free or error-free, or that Reincarnated As A Monster will be compatible with third-party software or that any errors in Reincarnated As A Monster will be corrected.
SW is not liable for delays or difficulties that are due to circumstances beyond its control.
You acknowledge and agree that your exclusive remedy for any dispute with SW is to stop using Reincarnated As A Monster.
No oral or written advice by SW or authorized representative shall create a warranty.
At some point in the future Reincarnated As A Monster may go out of date, and SW makes no commitment to update Reincarnated As A Monster.
Information and related graphics published as part of Reincarnated As A Monster may include technical inaccuracies or typographical errors.
Whereby Reincarnated As A Monster is made available for licensing during the Alpha or Beta phases of development via services such as Steam Early Access, you acknowledge and agree that during development features and content included are subject to change without prior notice, and that the Final Release of Reincarnated As A Monster may not include major features and content included in the earlier Alpha and Beta releases.
Indemnification
By using Reincarnated As A Monster, you hereby agree to defend, indemnify and hold harmless SW, it's employees and its directors from and against any and all claims, liabilities, losses, injury damages, costs or expenses ( including reasonable solicitor's fees ) incurred by SW arising out of or from your use of Reincarnated As A Monster.
Limitation Of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SW BE LIABLE FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, LOSS OF BUSINESS, COST OF SUBSTITUTE GOODS OR SERVICES, OR ANY FORM OF INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, WHETHER ARISING IN TORT ( INCLUDING NEGLIGENCE ), CONTRACT, STRICT LIABILITY OR OTHERWISE, WHETHER OR NOT SW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
The entire risk of satisfactory quality and performance resides with you.
Except as required by applicable law, SW shall not be liable to you for any acts or omissions by an operator.
In no event shall SW's total liability to you for all damages exceed the amount actually paid by you for Reincarnated As A Monster.
You agree that a breach of this EULA may cause irreparable injury to SW for which monetary damages would not be an adequate remedy and SW shall in such event by entitled to seek equitable relief in addition to any other remedies it may have hereunder or at law.
Applicable Law
This EULA shall be governed by and construed and interpreted in accordance with English law, and the parties hereby submit to the exclusive jurisdiction of the courts of England.
The parties agree that the UN Convention on Contracts for the International Sale of Goods ( Vienna, 1980 ) shall not apply to this EULA or to any dispute or transaction arising out of this EULA.
Both parties agree that they before initiating any action in court, first seek to resolve any dispute between them through good faith negotiations of up to 15 days initiated by written communication, except in the case of injunctive relief.
This EULA is in substitution for all previous contracts express or implied between the parties.
This EULA embodies the entire understanding of the parties in respect of the matters contained or referred to in it and there are no promises, terms, conditions or obligations, oral or written, express or implied, other than those contained in this EULA.
Severability
If any provision of this EULA shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect the other provisions of this Agreement (as appropriate) and all provisions not affected by such invalidity or unenforceability shall remain in full force and effect.