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~~~~~~~~~~~~~~~~~HOLIDAYS~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
~~~~~~~~~~~~~~~~~~EULA~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
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WALLACE LOVECRAFT
HOLIDAYS
END USER LICENSE AGREEMENT
THIS AGREEMENT IS A LEGALLY BINDING CONTRACT; PLEASE READ IT CAREFULLY! Welcome to HOLIDAYS! Wallace Lovecraft is proud to provide you with HOLIDAYS game software (the “Game"). This End User License Agreement (the “EULA” or “Agreement”) governs your use of the Game. By installing or using the Game, you agree to be bound by the terms of this Agreement.
1. Limited License. The Game is licensed, not sold. Subject to your agreement to and continued compliance with the terms and conditions of this EULA, Wallace Lovecraft hereby grants to you a limited, revocable, non-exclusive license to (a) download and install the Game onto a personal computer owned by you, and (b) use the Game in conjunction with the Service for your non-commercial entertainment purposes only. The foregoing license does not permit you to do any of the following, and you agree that the violation of any of the following license limitations will constitute an infringement of Wallace Lovecraft’s copyrights:
a. You may not sell, license or transfer the Game, or any reproductions thereof, to any person or entity;
b. You may not develop, distribute or host any server or software designed to interact with the Game by Wallace Lovecraft;
c. You may not modify the Game or any portion thereof;
d. You may not copy the game unless you are going to backup a copy of the game onto your own personal hard drive like a portable hard drive or usb stick that you only use for safe keeping or for future use where you may want to play the game again at a later date, reverse engineer, derive source code from, modify, disassemble, decrypt, decompile, or create derivative works based on the Game or any portion of it;
e. You may not develop, distribute or use any third party program designed to impact the Game experience, including without limitation software bots, cheats, hacks or any other software designed to provide a player with an advantage;
f. You may not exploit the Game, or any portion thereof, for any commercial purpose;
The license granted herein confers no title or ownership in the Game (including without limitation the Game) and should not be construed as a sale of any rights to the Game. All right, title and interest in and to the Game and any and all copies thereof (including without limitation any and all titles, computer code, technology, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artwork, etc, and music except to some extent provided by the music credit list in game) are owned by Wallace Lovecraft.
2. Term. This EULA is effective until terminated, and if by their nature should survive termination shall survive termination, including without limitation those provisions addressing license limitations, disclaimer of warranties, limitation of liability, indemnification and ownership. You may terminate this EULA at any time by permanently destroying all copies of the Game and related documentation in your possession, including without limitation any and all Games installed on computers, usb’s, or hard drives under your custody or control. Wallace Lovecraft may terminate this Agreement at any time for any reason or no reason by providing notice to you, including without limitation email notice to the last email address provided by you. Upon termination of this Agreement, you must destroy all copies of the Game and related documentation in your possession, including without limitation any and all Games installed on computers, usb’s, or hard drives under your custody or control. If not then you are responsible for any dispute related to, or arising from, allegations of theft, piracy or unauthorized use which shall be decided by a court of competent jurisdiction within Toronto, Ontario, Canada, and you and Wallace Lovecraft agree to submit to the personal jurisdiction of that court.
3. Ownership. You agree that, between you and Wallace Lovecraft, Wallace Lovecraft owns and shall continue to own all rights, title and interest in and to the Game, all copies thereof, and all content therein. The Game is protected by the copyright laws of Canada, international treaties and other laws. The Game may contain materials licensed by third parties, and the licensors of those materials are third party beneficiaries of this Agreement with the right to enforce their rights against you if you violate this Agreement.
4. DISCLAIMER OF WARRANTIES. THE GAME IS PROVIDED TO YOU ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGMMENT AND AVAILABILITY.
5. LIMITATION OF LIABILITY. IN NO EVENT SHALL WALLACE LOVECRAFT BE LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING OUT OF OR RELATING TO THE GAME OR ANY USE THEREOF, INCLUDING WITHOUT LIMITATION ANY LOSS OF DATA OR GOODWILL, DISRUPTION OF SERVICE OR CLAIMS OF THIRD PARTIES. IN NO EVENT SHALL WALLACE LOVECRAFT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, LIQUIDATED, OR OTHER CONSEQUENTIAL DAMAGES, WHETHER UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER THEORY OF LIABILITY, ARISING FROM YOUR USE OF THE GAME (INCLUDING WITHOUT LIMITATION THE GAME). THE FOREGOING LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. In no event shall Wallace Lovecraft’s aggregate liability, whether arising in contract, tort, strict liability or otherwise, exceed the total fees paid by you to Wallace Lovecraft during the six (6) months immediately prior to the time such claim arose.
6. INDEMNIFICATION. YOU HEREBY AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS WALLACE LOVECRAFT FROM AND AGAINST ANY CLAIM, LIABILITY, INJURY, DAMAGE, LOSS OR EXPENSE (INCLUDING REASONABLE ATTORNEYS’ FEES) INCURRED AS A RESULT OF, ARISING FROM, OR RELATING TO YOUR USE OF THE GAME.
7. Changes to Agreement and Game. Wallace Lovecraft may update this Agreement at its sole discretion, and you may be asked to review and agree to the revised version of the EULA once it becomes effective.
8. Patches and Updates. Wallace Lovecraft may apply patches, updates and modifications (collectively, “Updates”) to the Game at any time, including Updates to the Game installed on your computer.
9. Remedies. You acknowledge that Wallace Lovecraft may suffer irreparable damage if you breach any of the provisions governing license limitations or ownership. You as a result agree that if you do breach either of these provisions, in addition to provable damages and reasonable attorneys’ fees, Wallace Lovecraft shall be entitled to call on such breach and to obtain specific performance of such provisions in any court of competent jurisdiction.
10. Seizure Warning. A very small percentage of people experience epileptic seizures when exposed to certain light patterns or flashing lights. Exposure to these patterns or backgrounds on a computer screen, or while playing video games, may induce an epileptic seizure in these individuals. If you, or anyone in your family, have an epileptic condition, consult your physician prior to playing. If you experience dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, or convulsions while playing the Game, immediately discontinue use and consult your physician.
11. Miscellaneous. The terms set forth in this Agreement, including the Disclaimer of Warranties, Limitation of Liability and Indemnification provisions are fundamental elements of the basis of the agreement between Wallace Lovecraft and you. Wallace Lovecraft would not be able to provide the Game (including without limitation the Game) on an economic basis without such limitations. Such Disclaimer of Warranties, Limitation of Liability and Indemnification provisions inure to the benefit of Wallace Lovecraft. You agree that you are not considered, and shall not represent yourself as, an agent, employee, joint venturer, or partner of Wallace Lovecraft. You may not assign this Agreement, in whole or in part, without Wallace Lovecraft’s prior written consent and any attempted assignment in violation of this provision shall be null and void. No waiver of any default, condition or breach of this Agreement shall constitute a waiver of any other default, condition or breach of this Agreement, whether of a similar nature or otherwise. Any provision found unlawful by a court or regulator having jurisdiction shall be deemed to be severed from the Agreement, but such severance shall have no effect on the enforceability of the remaining provisions of the Agreement. This Agreement, incorporating all the applicable documents referenced herein, represents the entire agreement between you and Wallace Lovecraft with respect to the Game and supersedes all prior agreements between you and Wallace Lovecraft pertaining to the Game. You agree that you will comply with all applicable laws in connection with the Game and this Agreement, including without limitation export control laws. You must supply all necessary facilities, utilities and equipment necessary to play the Game, including appropriate computer equipment and Internet connections, at your sole risk and expense. This Agreement may be amended only by a writing executed by both parties.
HOLIDAYS software © 2020 Wallace Lovecraft. Developed by Wallace Lovecraft. RPG Maker MV © 2015 KADOKAWA CORPORATION./YOJI OJIMA. HOLIDAYS is a trademark of Wallace Lovecraft. All rights reserved.
~~~~~~~~~~~~~~~~~HOLIDAYS~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
~~~~~~~~~~~~~~~~~~EULA~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
WALLACE LOVECRAFT
HOLIDAYS
END USER LICENSE AGREEMENT
THIS AGREEMENT IS A LEGALLY BINDING CONTRACT; PLEASE READ IT CAREFULLY! Welcome to HOLIDAYS! Wallace Lovecraft is proud to provide you with HOLIDAYS game software (the “Game"). This End User License Agreement (the “EULA” or “Agreement”) governs your use of the Game. By installing or using the Game, you agree to be bound by the terms of this Agreement.
1. Limited License. The Game is licensed, not sold. Subject to your agreement to and continued compliance with the terms and conditions of this EULA, Wallace Lovecraft hereby grants to you a limited, revocable, non-exclusive license to (a) download and install the Game onto a personal computer owned by you, and (b) use the Game in conjunction with the Service for your non-commercial entertainment purposes only. The foregoing license does not permit you to do any of the following, and you agree that the violation of any of the following license limitations will constitute an infringement of Wallace Lovecraft’s copyrights:
a. You may not sell, license or transfer the Game, or any reproductions thereof, to any person or entity;
b. You may not develop, distribute or host any server or software designed to interact with the Game by Wallace Lovecraft;
c. You may not modify the Game or any portion thereof;
d. You may not copy the game unless you are going to backup a copy of the game onto your own personal hard drive like a portable hard drive or usb stick that you only use for safe keeping or for future use where you may want to play the game again at a later date, reverse engineer, derive source code from, modify, disassemble, decrypt, decompile, or create derivative works based on the Game or any portion of it;
e. You may not develop, distribute or use any third party program designed to impact the Game experience, including without limitation software bots, cheats, hacks or any other software designed to provide a player with an advantage;
f. You may not exploit the Game, or any portion thereof, for any commercial purpose;
The license granted herein confers no title or ownership in the Game (including without limitation the Game) and should not be construed as a sale of any rights to the Game. All right, title and interest in and to the Game and any and all copies thereof (including without limitation any and all titles, computer code, technology, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artwork, etc, and music except to some extent provided by the music credit list in game) are owned by Wallace Lovecraft.
2. Term. This EULA is effective until terminated, and if by their nature should survive termination shall survive termination, including without limitation those provisions addressing license limitations, disclaimer of warranties, limitation of liability, indemnification and ownership. You may terminate this EULA at any time by permanently destroying all copies of the Game and related documentation in your possession, including without limitation any and all Games installed on computers, usb’s, or hard drives under your custody or control. Wallace Lovecraft may terminate this Agreement at any time for any reason or no reason by providing notice to you, including without limitation email notice to the last email address provided by you. Upon termination of this Agreement, you must destroy all copies of the Game and related documentation in your possession, including without limitation any and all Games installed on computers, usb’s, or hard drives under your custody or control. If not then you are responsible for any dispute related to, or arising from, allegations of theft, piracy or unauthorized use which shall be decided by a court of competent jurisdiction within Toronto, Ontario, Canada, and you and Wallace Lovecraft agree to submit to the personal jurisdiction of that court.
3. Ownership. You agree that, between you and Wallace Lovecraft, Wallace Lovecraft owns and shall continue to own all rights, title and interest in and to the Game, all copies thereof, and all content therein. The Game is protected by the copyright laws of Canada, international treaties and other laws. The Game may contain materials licensed by third parties, and the licensors of those materials are third party beneficiaries of this Agreement with the right to enforce their rights against you if you violate this Agreement.
4. DISCLAIMER OF WARRANTIES. THE GAME IS PROVIDED TO YOU ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGMMENT AND AVAILABILITY.
5. LIMITATION OF LIABILITY. IN NO EVENT SHALL WALLACE LOVECRAFT BE LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING OUT OF OR RELATING TO THE GAME OR ANY USE THEREOF, INCLUDING WITHOUT LIMITATION ANY LOSS OF DATA OR GOODWILL, DISRUPTION OF SERVICE OR CLAIMS OF THIRD PARTIES. IN NO EVENT SHALL WALLACE LOVECRAFT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, LIQUIDATED, OR OTHER CONSEQUENTIAL DAMAGES, WHETHER UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER THEORY OF LIABILITY, ARISING FROM YOUR USE OF THE GAME (INCLUDING WITHOUT LIMITATION THE GAME). THE FOREGOING LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. In no event shall Wallace Lovecraft’s aggregate liability, whether arising in contract, tort, strict liability or otherwise, exceed the total fees paid by you to Wallace Lovecraft during the six (6) months immediately prior to the time such claim arose.
6. INDEMNIFICATION. YOU HEREBY AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS WALLACE LOVECRAFT FROM AND AGAINST ANY CLAIM, LIABILITY, INJURY, DAMAGE, LOSS OR EXPENSE (INCLUDING REASONABLE ATTORNEYS’ FEES) INCURRED AS A RESULT OF, ARISING FROM, OR RELATING TO YOUR USE OF THE GAME.
7. Changes to Agreement and Game. Wallace Lovecraft may update this Agreement at its sole discretion, and you may be asked to review and agree to the revised version of the EULA once it becomes effective.
8. Patches and Updates. Wallace Lovecraft may apply patches, updates and modifications (collectively, “Updates”) to the Game at any time, including Updates to the Game installed on your computer.
9. Remedies. You acknowledge that Wallace Lovecraft may suffer irreparable damage if you breach any of the provisions governing license limitations or ownership. You as a result agree that if you do breach either of these provisions, in addition to provable damages and reasonable attorneys’ fees, Wallace Lovecraft shall be entitled to call on such breach and to obtain specific performance of such provisions in any court of competent jurisdiction.
10. Seizure Warning. A very small percentage of people experience epileptic seizures when exposed to certain light patterns or flashing lights. Exposure to these patterns or backgrounds on a computer screen, or while playing video games, may induce an epileptic seizure in these individuals. If you, or anyone in your family, have an epileptic condition, consult your physician prior to playing. If you experience dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, or convulsions while playing the Game, immediately discontinue use and consult your physician.
11. Miscellaneous. The terms set forth in this Agreement, including the Disclaimer of Warranties, Limitation of Liability and Indemnification provisions are fundamental elements of the basis of the agreement between Wallace Lovecraft and you. Wallace Lovecraft would not be able to provide the Game (including without limitation the Game) on an economic basis without such limitations. Such Disclaimer of Warranties, Limitation of Liability and Indemnification provisions inure to the benefit of Wallace Lovecraft. You agree that you are not considered, and shall not represent yourself as, an agent, employee, joint venturer, or partner of Wallace Lovecraft. You may not assign this Agreement, in whole or in part, without Wallace Lovecraft’s prior written consent and any attempted assignment in violation of this provision shall be null and void. No waiver of any default, condition or breach of this Agreement shall constitute a waiver of any other default, condition or breach of this Agreement, whether of a similar nature or otherwise. Any provision found unlawful by a court or regulator having jurisdiction shall be deemed to be severed from the Agreement, but such severance shall have no effect on the enforceability of the remaining provisions of the Agreement. This Agreement, incorporating all the applicable documents referenced herein, represents the entire agreement between you and Wallace Lovecraft with respect to the Game and supersedes all prior agreements between you and Wallace Lovecraft pertaining to the Game. You agree that you will comply with all applicable laws in connection with the Game and this Agreement, including without limitation export control laws. You must supply all necessary facilities, utilities and equipment necessary to play the Game, including appropriate computer equipment and Internet connections, at your sole risk and expense. This Agreement may be amended only by a writing executed by both parties.
HOLIDAYS software © 2020 Wallace Lovecraft. Developed by Wallace Lovecraft. RPG Maker MV © 2015 KADOKAWA CORPORATION./YOJI OJIMA. HOLIDAYS is a trademark of Wallace Lovecraft. All rights reserved.