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THIS END USER LICENSE AGREEMENT
This End User License Agreement (“EULA”) is a binding legal agreement between COLORGRAVE, Inc. (“COLORGRAVE”) and You regarding Prodigal (“the Game” and “Game Software”). The Game Software is offered subject to Your compliance with all of the terms and conditions contained herein and all other operating rules, policies, and procedures. In addition, some applications offered through or in connection with the Game Software may be subject to additional terms and conditions as promulgated by COLORGRAVE from time to time. Your continued use of the Game constitutes Your acceptance of all amended terms and conditions.
BY CLICKING THE "I AGREE" BUTTON BELOW, OR BY OTHERWISE CONTINUING TO INSTALL, DOWNLOAD, COPY, ACCESS OR USE THE GAME, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS OF THIS EULA.
1. LICENSE GRANT AND RESTRICTIONS.
1.1 License Grant.
This software is licensed, not sold. COLORGRAVE hereby grants to You a non-exclusive, NON-TRANSFERABLE limited right and license to install and use the Game software for Your personal, non-commercial use. COLORGRAVE reserves all rights not expressly granted to You. You may not give, purchase, sell, bargain, barter, market, trade, offer for sale, sell, license, assign or otherwise divest Your rights, responsibilities or obligations under the Agreement, either in whole or in part, without the prior written consent of COLORGRAVE.
1.2 Restrictions.
You may not (i) disassemble or reverse engineer the Game or otherwise attempt to gain access to its source code, except to the extent that such restrictions are expressly prohibited by law; (ii) copy, offer for public display or create derivative works thereof, except to the extent that such restrictions are expressly prohibited by law; (iii) rent, lease, loan, sublicense or distribute the Game, or offer it on a pay-per-play, coin-op or other for charge (or free) basis; (iv) use the Game to infringe the copyrights or other intellectual property rights of others in any way; (v) modify or delete the copyright and other proprietary rights notices on or in the Game.
2. No Right To Ownership.
You acknowledge and agree that You shall have no ownership or other property interest in the Game Software, and You further acknowledge and agree that all such rights are and shall forever be owned by and inure to the benefit of COLORGRAVE.
3. TERMINATION.
This EULA is effective until terminated by either party. You may terminate this EULA at any time by uninstalling the Game and destroying all copies of the Game in Your possession or control. You will not be entitled to a refund for any amounts paid prior to termination of this EULA. COLORGRAVE may terminate this EULA immediately upon notice to You if You breach any of its terms or conditions. Upon termination of this EULA, You agree to immediately uninstall the Game and destroy all copies of the Game.
3. GAME OWNERSHIP. The Game is the copyrighted proprietary material of COLORGRAVE, and/or its third-party licensors and is subject to copyright protection under Texas copyright law. COLORGRAVE, and/or its third-party licensors retain all right, title, and interest in the Game (and any copies thereof) and specifically reserve all rights not expressly granted under this EULA.
4. LIMITATION OF LIABILITY AND WARRANTIES DISCLAIMER.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOU EXPRESSLY AGREE THAT THE USE OF THE GAME SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL MATERIALS AND GAME SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND COLORGRAVE HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE GAME SOFTWARE, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS SECTION APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE GAME SOFTWARE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. THE USE OF THE GAME SOFTWARE OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH OR IN CONNECTION WITH THE GAME SOFTWARE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
5. BASIS OF THE BARGAIN; EXCLUSIONS.
The disclaimers of warranties and limitations of liability set forth above are fundamental elements of the basis of the agreement between You and COLORGRAVE. You understand and agree that COLORGRAVE would not be able to economically or reasonably provide the Game to You without these limitations.
6. INDEMNIFICATION.
Upon a request by COLORGRAVE, You agree to defend, indemnify, and hold COLORGRAVE and its affiliates harmless from all liabilities, claims, losses, costs and expenses, including attorney's fees, that arise from (a) Your use of, or activities in connection with the Game Software; (b) any violation of the Agreement by You; or (c) any allegation that any content that You make available via the Game Software infringes or otherwise violates the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party.
7. MISCELLANEOUS.
You agree to comply with all Texas and federal laws related to Your use of the Game. This is the entire agreement between You and COLORGRAVE relating to the subject matter herein and replaces any and all previous representations, agreements, understandings or communications, whether written or oral. This EULA may not be modified except in writing, signed by both parties. If a court of competent jurisdiction declares any provision of this EULA to be void or unenforceable, then such provision will be interpreted, construed or reformed to the extent reasonably required to render it valid, enforceable and consistent with the original intent underlying such provision, and such invalidity or unenforceability will not affect any other provision of this EULA.
8. GOVERNING LAW AND VENUE.
This EULA will be governed by and construed in accordance with the laws of the State of Texas. Venue for any action hereunder shall lie exclusively in the courts located in Dallas County and You hereby consent and submit to the personal jurisdiction of such courts.
9. NOTICES; HOW TO CONTACT COLORGRAVE.
The Game is made available to You by COLORGRAVE INC. may be contacted via email at (Support@colorgrave.com).
YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE FOREGOING END USER LICENSE AGREEMENT AND AGREE THAT YOUR USE OF THE GAME SOFTWARE IS AN ACKNOWLEDGMENT OF YOUR AGREEMENT TO BE BOUND BY THE END USER LICENSE AGREEMENT.
This End User License Agreement (“EULA”) is a binding legal agreement between COLORGRAVE, Inc. (“COLORGRAVE”) and You regarding Prodigal (“the Game” and “Game Software”). The Game Software is offered subject to Your compliance with all of the terms and conditions contained herein and all other operating rules, policies, and procedures. In addition, some applications offered through or in connection with the Game Software may be subject to additional terms and conditions as promulgated by COLORGRAVE from time to time. Your continued use of the Game constitutes Your acceptance of all amended terms and conditions.
BY CLICKING THE "I AGREE" BUTTON BELOW, OR BY OTHERWISE CONTINUING TO INSTALL, DOWNLOAD, COPY, ACCESS OR USE THE GAME, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS OF THIS EULA.
1. LICENSE GRANT AND RESTRICTIONS.
1.1 License Grant.
This software is licensed, not sold. COLORGRAVE hereby grants to You a non-exclusive, NON-TRANSFERABLE limited right and license to install and use the Game software for Your personal, non-commercial use. COLORGRAVE reserves all rights not expressly granted to You. You may not give, purchase, sell, bargain, barter, market, trade, offer for sale, sell, license, assign or otherwise divest Your rights, responsibilities or obligations under the Agreement, either in whole or in part, without the prior written consent of COLORGRAVE.
1.2 Restrictions.
You may not (i) disassemble or reverse engineer the Game or otherwise attempt to gain access to its source code, except to the extent that such restrictions are expressly prohibited by law; (ii) copy, offer for public display or create derivative works thereof, except to the extent that such restrictions are expressly prohibited by law; (iii) rent, lease, loan, sublicense or distribute the Game, or offer it on a pay-per-play, coin-op or other for charge (or free) basis; (iv) use the Game to infringe the copyrights or other intellectual property rights of others in any way; (v) modify or delete the copyright and other proprietary rights notices on or in the Game.
2. No Right To Ownership.
You acknowledge and agree that You shall have no ownership or other property interest in the Game Software, and You further acknowledge and agree that all such rights are and shall forever be owned by and inure to the benefit of COLORGRAVE.
3. TERMINATION.
This EULA is effective until terminated by either party. You may terminate this EULA at any time by uninstalling the Game and destroying all copies of the Game in Your possession or control. You will not be entitled to a refund for any amounts paid prior to termination of this EULA. COLORGRAVE may terminate this EULA immediately upon notice to You if You breach any of its terms or conditions. Upon termination of this EULA, You agree to immediately uninstall the Game and destroy all copies of the Game.
3. GAME OWNERSHIP. The Game is the copyrighted proprietary material of COLORGRAVE, and/or its third-party licensors and is subject to copyright protection under Texas copyright law. COLORGRAVE, and/or its third-party licensors retain all right, title, and interest in the Game (and any copies thereof) and specifically reserve all rights not expressly granted under this EULA.
4. LIMITATION OF LIABILITY AND WARRANTIES DISCLAIMER.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOU EXPRESSLY AGREE THAT THE USE OF THE GAME SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL MATERIALS AND GAME SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND COLORGRAVE HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE GAME SOFTWARE, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS SECTION APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE GAME SOFTWARE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. THE USE OF THE GAME SOFTWARE OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH OR IN CONNECTION WITH THE GAME SOFTWARE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
5. BASIS OF THE BARGAIN; EXCLUSIONS.
The disclaimers of warranties and limitations of liability set forth above are fundamental elements of the basis of the agreement between You and COLORGRAVE. You understand and agree that COLORGRAVE would not be able to economically or reasonably provide the Game to You without these limitations.
6. INDEMNIFICATION.
Upon a request by COLORGRAVE, You agree to defend, indemnify, and hold COLORGRAVE and its affiliates harmless from all liabilities, claims, losses, costs and expenses, including attorney's fees, that arise from (a) Your use of, or activities in connection with the Game Software; (b) any violation of the Agreement by You; or (c) any allegation that any content that You make available via the Game Software infringes or otherwise violates the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party.
7. MISCELLANEOUS.
You agree to comply with all Texas and federal laws related to Your use of the Game. This is the entire agreement between You and COLORGRAVE relating to the subject matter herein and replaces any and all previous representations, agreements, understandings or communications, whether written or oral. This EULA may not be modified except in writing, signed by both parties. If a court of competent jurisdiction declares any provision of this EULA to be void or unenforceable, then such provision will be interpreted, construed or reformed to the extent reasonably required to render it valid, enforceable and consistent with the original intent underlying such provision, and such invalidity or unenforceability will not affect any other provision of this EULA.
8. GOVERNING LAW AND VENUE.
This EULA will be governed by and construed in accordance with the laws of the State of Texas. Venue for any action hereunder shall lie exclusively in the courts located in Dallas County and You hereby consent and submit to the personal jurisdiction of such courts.
9. NOTICES; HOW TO CONTACT COLORGRAVE.
The Game is made available to You by COLORGRAVE INC. may be contacted via email at (Support@colorgrave.com).
YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE FOREGOING END USER LICENSE AGREEMENT AND AGREE THAT YOUR USE OF THE GAME SOFTWARE IS AN ACKNOWLEDGMENT OF YOUR AGREEMENT TO BE BOUND BY THE END USER LICENSE AGREEMENT.