| Language: |
End-User License Agreement
“Penimorta” by 0Dark&Nerdy
SOFTWARE LICENSE AGREEMENT
“Penimorta” is a video game published on Steam and itch.io.
An Internet connection is not required to use “Penimorta”.
PLEASE READ CAREFULLY THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT ("AGREEMENT") BEFORE PROCEEDING WITH OPERATION OF THE GAME™ SOFTWARE ("SOFTWARE") WHICH IS LICENSED HEREUNDER (NOT SOLD). BY CLICKING THE "YES" BUTTON BELOW AND BY DOWNLOADING, INSTALLING OR USING THE SOFTWARE, YOU ARE ACCEPTING AND AGREEING TO THE TERMS AND CONDITIONS OF THIS AGREEMENT.
IF YOU ARE NOT WILLING TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN CLICK THE "NO" BUTTON BELOW TO TERMINATE SOFTWARE OPERATION. THIS AGREEMENT IS A LEGAL AGREEMENT BETWEEN YOU, EITHER AN INDIVIDUAL OR A SINGLE ENTITY ("YOU" OR "LICENSEE") AND 0Dark&Nerdy ("LICENSOR") REGARDING THE SOFTWARE.
1. LICENSE GRANT ("LICENSE")
1.1 The Software is licensed, not sold. This agreement only gives you some rights to use the Software. Licensor hereby grants to you, and you accept, a nonexclusive license to use the Software and only as authorized in this Agreement.
1.2 The Software is licensed as a single product. You may not separate the components. Other than the rights expressly set forth in section 1.1 above, no other right or interest whatsoever in or relating to the Software is transferred or granted to you.
1.3 Without limiting the foregoing, You may not (i) reverse engineer, decompile, or disassemble the Software or any part of it, (ii) modify, divide, part or revise the Software, or any part thereof, or otherwise use parts, portions or elements of the Software, standing alone, (iii) assign, sublicense, resell, transfer, pledge, loan, lease, rent, or share your rights under this Agreement in whole or in part to any third party, or (iv) remove any copyright notices. This Agreement shall automatically terminate upon occurrence of any of the events set forth in (i), (ii) (iii) or (iv) above.
1.4 From time to time Licensor may, in its sole discretion, advise Licensee of updates, upgrades, enhancements or improvements to the Software and/or new releases of the Software (collectively, "Enhancements"), and may allow Licensee to use such Enhancements upon and subject to payment of prices as may be established by Licensor from time to time. All such Enhancements to the Software provided to the End-User Licensee shall also be governed by the terms of this License and the other terms of this Agreement.
1.5 You expressly agree not to use the Software in a manner that violates any law or regulation, or to facilitate the violation of any law or regulation. You acknowledge that prohibited conduct includes, but is not limited to, use of the Software to invade the privacy of third parties, to transmit abusive, profane, libelous, slanderous, threatening or otherwise harassing material or to reproduce, send or distribute any material protected by copyright, privacy or other proprietary right without first obtaining the written permission of the owner thereof. You expressly agree not to damage, alter or modify the Software or any content thereof.
1.7 For support, contact 0darkandnerdy@gmail.com
If you would like to uninstall the Software, please go to Control Panel in your computer, click on "Uninstall a Program," and click on "Penimorta” followed by “Uninstall”. This works on Windows. If on Mac or Windows, you can also uninstall by going through Steam.
Please note that the serial key for the Software may remain in the computer registry after the uninstall has been completed.
1.9 You expressly agree not to use the Software in a manner other than personal private use. You acknowledge that any business or corporate use of the Software without the written consent of the Licensor may result in termination, limitation or denial of Use.
1.12 The License for the Software is only valid for the version of the Software made available to the Licensee on the day of purchase. The Licensor reserves the right to terminate, limit or deny USE to any version of the Software other than the most recent version of the Software.
2. LICENSOR'S RIGHTS
2.1 You acknowledge and agree that the Software is a proprietary product of the Licensor, protected under copyright laws and any international copyright treaties, patent law, trade-secrets law and other intellectual property rights of general applicability.
2.2 You further acknowledge and agree that between you and Licensor, all rights, title, and interest in and regarding the Software and all modifications thereto or derivatives thereof, including associated intellectual property rights, are and shall remain with Licensor.
2.3 This Agreement does not convey to you an interest in or regarding the Software, but only a limited right of use revocable in accordance with the terms of this Agreement.
2.4. For the removal of doubt, Licensor may remotely update the Software, and Licensor may remotely terminate the use or operation of the Software where it is within Licensor's rights to do so.
3. TERM; AUTOMATIC RENEWAL
FOR PURCHASERS OF ONE-TIME-PAYMENT, ONE-TIME-PURCHASE: This License shall be valid from the purchase date of the Software until it is removed from the Computer.
Refund and purchasing policy follow Steam’s policies.
3.1 This Agreement is effective upon your consummation of the transaction for the purchase of the license for the Software, following your payment of the applicable license fees.
3.2 In addition to all other legal rights and remedies, Licensor may terminate this Agreement upon the breach of any term hereof. The provisions of this Agreement that protect the rights of 0Dark&Nerdy shall survive termination of this Agreement.
4. DISCLAIMER; WARRANTY
4.1 THE SOFTWARE AND ANY OTHER MATERIALS PROVIDED BY 0Dark&Nerdy OR THIRD PARTIES ARE PROVIDED "AS IS AND WITHOUT WARRANTY OF ANY KIND, AND 0Dark&Nerdy MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT OF THE SOFTWARE OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING, WITHOUT LIMITATION, THE ACCURACY, TIMELINESS OR USEFULNESS OF THE SOFTWARE OR SERVICES.
4.3 Licensor is not responsible for problems associated with or caused by incompatible operating systems or equipment, or for problems in the interaction of the Software with software not furnished by Licensor.
(B) THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE IS BORNE BY THE LICENSEE. THE SOFTWARE IS NOT FAULT TOLERANT AND SHOULD NOT BE USED IN ANY ENVIRONMENT WHICH REQUIRES THIS. LICENSEE HEREBY EXPRESSLY AGREES NOT TO USE OR RELY ON THE SOFTWARE FOR ANY APPLICATIONS THAT MAY RESULT IN ANY DAMAGE IF FAILED.
(C) THE SECURITY MECHANISMS IMPLEMENTED BY THE SOFTWARE HAVE INHERENT LIMITATIONS, AND LICENSEE MUST DETERMINE THAT THE SOFTWARE SUFFICIENTLY MEETS ITS REQUIREMENTS.
(D) LICENSOR DOES NOT WARRANT OR GUARANTEE THAT THE FUNCTIONS OR SERVICES PERFORMED BY THE SOFTWARE OR BY THE SERVICE PROVIDED BY THE LICENSOR WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT ANY INFORMATION OR DATA RECEIVED ON OR THROUGH THE SOFTWARE OR RELATING TO IT WILL BE FREE OF ANY VIRUSES, WORMS, OR ANY OTHER DESTRUCTIVE PROPERTIES, AND WILL NOT CONTAIN ANY OBJECTIONABLE MATERIALS.
(E) THE DOCUMENTS AND GRAPHICS IN THE SOFTWARE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. LICENSOR MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND.
4.5 Licensor may, at its sole discretion, at any time, without prior notice and temporarily or permanently:
(ii) Change, reduce or limit the functionality and features of the Software.
(iv) Introduce new features that may cause functionality change in earlier versions;
(v) Condition the continuation of the License on your accepting Product improvements, corrections, adaptations, or changes, or accepting revised or new terms of License, as will be made available on or through the 0Dark&Nerdy website or other website.
0Dark&Nerdy shall notify its users through the Software, Steam, or by e-mail or through the website of changes in this Agreement.
5. LIABILITY
5.1 LICENSOR SHALL NOT BE LIABLE UNDER ANY CLAIM RELATED TO THE SOFTWARE, INCLUDING CLAIMS IN RESPECT OF INFRINGEMENTS OF RIGHTS, INFRINGEMENT OF PATENT, COPYRIGHT, REGISTERED DESIGN OR TRADEMARK AND OTHER INTELLECTUAL PROPERTY RIGHTS.
5.2 IN NO EVENT SHALL LICENSOR BE LIABLE TO YOU OR ANY THIRD PARTY FOR THE USE OR INABILITY TO USE, OR THE QUALITY OF, OF THE SOFTWARE OR SERVICES. IN NO EVENT SHALL LICENSOR BE LIABLE FOR ANY DIRECT OR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY LOSS OR DAMAGE WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA, DELAYS, LOSS OF BUSINESS OR PROFITS OR BUSINESS INTERRUPTION), OR FOR LOST DATA, DAMAGE TO OTHER SOFTWARE, COMPUTER FAILURE, OR MALFUNCTION, OR DOWNTIME, REGARDLESS OF WHETHER LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR NOT
5.3 THE CUMULATIVE LIABILITY OF LICENSOR TO YOU FOR ALL CLAIMS RELATING TO THE SOFTWARE OR TO THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR TORT, INCLUDING NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, WILL BE LIMITED TO, AND IN NO EVENT SHALL EXCEED, THE AMOUNT ORIGINALLY PAID BY YOU TO LICENSOR FOR THE LICENSE OF THE SOFTWARE.
5.4 Seizure Warning. Penimorta may contain flashing lights and images, which may induce epileptic seizures. If you or anyone in your household has an epileptic condition, please consult your doctor before playing Penimorta. If you experience dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, or convulsions while playing, immediately discontinue use and consult your doctor.
6. COMPLIANCE WITH LAWS
6.1 Licensee shall be solely responsible to comply, at its own expense, with local, state, national and international laws and regulations, including without limitation laws regarding data protection, security and privacy and with all governmental approvals, licenses, permits and authorizations which may be required with regards to the Licensee's use of the Software or Services.
6.2 Notwithstanding and without limiting any of the aforementioned, in no case shall the Licensor be held liable for any liability arising out of Licensee's failure to comply with any such laws, regulations, approvals, licenses or authorizations.
7. INDEMNITY
At Licensor's request, you agree to defend, indemnify and to hold harmless Licensor, its licensors, officers, directors, shareholders and employees from any losses, claims, liabilities or damages (including but not limited to attorney's fees) which may arise from your use of the Software or from your breach of this Agreement. Licensor is not responsible for claims arising from use of the Software or your breach of this Agreement, including, without limitation, claims of copyright infringement, patent infringement, misappropriation of trade secrets, libel, slander, trade libel, defamation, harassment, invasion of privacy or fraud.
8. INTELLECTUAL PROPERTY
This Agreement does not grant any right, title or interest in connection with any trademarks, service marks or other intellectual property owned by the Licensor or any third party, and you agree that no such right, title or interest shall be asserted by you with respect to such trademarks, service marks or other intellectual property.
9. GOVERNING LAW
This Agreement shall be construed and governed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of laws thereof, and the eligible courts of the State of New York shall have exclusive jurisdiction over all disputes between the parties.
10. ARBITRATION
ALL DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU, ON THE ONE HAND, AND 0Dark&Nerdy, ON THE OTHER HAND, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY AND YOU AGREE THAT 0Dark&Nerdy AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY.
YOU AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, YOU OR 0Dark&Nerdy MAY INSTEAD OPT TO PROCEED ON AN INDIVIDUAL BASIS IN SMALL CLAIMS COURT.
The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (currently available at https://www.adr.org/sites/default/files/Consumer%20Rules.pdf), as amended by this Agreement.
The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator.
The arbitrator’s decision will follow the terms of this Agreement and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in this Agreement will preclude you from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against us for you.
With the exception of any of the language above in this Dispute Resolution provision relating to the waiver of class and representative actions, if a court decides that any part of this provision is invalid or unenforceable, the other parts of this provision shall still apply. If a court decides that any aspect of the language above in this provision relating to the waiver of class and representative actions is invalid or unenforceable, then the entirety of this provision shall be null and void. The remainder of the Agreement will continue to apply and be unaffected by this severability provision.
11. FINAL AGREEMENT; SEVERABILITY
This Agreement sets forth all of your rights, and is the entire Agreement between you and Licensor for the Software. This Agreement supersedes any other communications, representations or advertising relating to the Software or Services.
Should any term of this Agreement be declared void or unenforceable by any court of competent jurisdiction, such declaration shall have no effect on the remaining terms hereof.
12. NO WAIVER
The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches.
13. RESERVATION OF RIGHTS
All rights not expressly granted herein are reserved by Licensor.
14. ASSIGNMENT
Any attempt by Licensee to sublicense, assign or transfer any of the rights, duties or obligations hereunder is void ab initio.
LICENSEE ACKNOWLEDGES THAT IT HAS READ AND UNDERSTANDS THIS AGREEMENT AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. LICENSEE FURTHER AGREES THAT THIS AGREEMENT IS A COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN LICENSEE AND LICENSOR AND SUPERCEDES ANY PROPOSALS OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.
“Penimorta” by 0Dark&Nerdy
SOFTWARE LICENSE AGREEMENT
“Penimorta” is a video game published on Steam and itch.io.
An Internet connection is not required to use “Penimorta”.
PLEASE READ CAREFULLY THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT ("AGREEMENT") BEFORE PROCEEDING WITH OPERATION OF THE GAME™ SOFTWARE ("SOFTWARE") WHICH IS LICENSED HEREUNDER (NOT SOLD). BY CLICKING THE "YES" BUTTON BELOW AND BY DOWNLOADING, INSTALLING OR USING THE SOFTWARE, YOU ARE ACCEPTING AND AGREEING TO THE TERMS AND CONDITIONS OF THIS AGREEMENT.
IF YOU ARE NOT WILLING TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN CLICK THE "NO" BUTTON BELOW TO TERMINATE SOFTWARE OPERATION. THIS AGREEMENT IS A LEGAL AGREEMENT BETWEEN YOU, EITHER AN INDIVIDUAL OR A SINGLE ENTITY ("YOU" OR "LICENSEE") AND 0Dark&Nerdy ("LICENSOR") REGARDING THE SOFTWARE.
1. LICENSE GRANT ("LICENSE")
1.1 The Software is licensed, not sold. This agreement only gives you some rights to use the Software. Licensor hereby grants to you, and you accept, a nonexclusive license to use the Software and only as authorized in this Agreement.
1.2 The Software is licensed as a single product. You may not separate the components. Other than the rights expressly set forth in section 1.1 above, no other right or interest whatsoever in or relating to the Software is transferred or granted to you.
1.3 Without limiting the foregoing, You may not (i) reverse engineer, decompile, or disassemble the Software or any part of it, (ii) modify, divide, part or revise the Software, or any part thereof, or otherwise use parts, portions or elements of the Software, standing alone, (iii) assign, sublicense, resell, transfer, pledge, loan, lease, rent, or share your rights under this Agreement in whole or in part to any third party, or (iv) remove any copyright notices. This Agreement shall automatically terminate upon occurrence of any of the events set forth in (i), (ii) (iii) or (iv) above.
1.4 From time to time Licensor may, in its sole discretion, advise Licensee of updates, upgrades, enhancements or improvements to the Software and/or new releases of the Software (collectively, "Enhancements"), and may allow Licensee to use such Enhancements upon and subject to payment of prices as may be established by Licensor from time to time. All such Enhancements to the Software provided to the End-User Licensee shall also be governed by the terms of this License and the other terms of this Agreement.
1.5 You expressly agree not to use the Software in a manner that violates any law or regulation, or to facilitate the violation of any law or regulation. You acknowledge that prohibited conduct includes, but is not limited to, use of the Software to invade the privacy of third parties, to transmit abusive, profane, libelous, slanderous, threatening or otherwise harassing material or to reproduce, send or distribute any material protected by copyright, privacy or other proprietary right without first obtaining the written permission of the owner thereof. You expressly agree not to damage, alter or modify the Software or any content thereof.
1.7 For support, contact 0darkandnerdy@gmail.com
If you would like to uninstall the Software, please go to Control Panel in your computer, click on "Uninstall a Program," and click on "Penimorta” followed by “Uninstall”. This works on Windows. If on Mac or Windows, you can also uninstall by going through Steam.
Please note that the serial key for the Software may remain in the computer registry after the uninstall has been completed.
1.9 You expressly agree not to use the Software in a manner other than personal private use. You acknowledge that any business or corporate use of the Software without the written consent of the Licensor may result in termination, limitation or denial of Use.
1.12 The License for the Software is only valid for the version of the Software made available to the Licensee on the day of purchase. The Licensor reserves the right to terminate, limit or deny USE to any version of the Software other than the most recent version of the Software.
2. LICENSOR'S RIGHTS
2.1 You acknowledge and agree that the Software is a proprietary product of the Licensor, protected under copyright laws and any international copyright treaties, patent law, trade-secrets law and other intellectual property rights of general applicability.
2.2 You further acknowledge and agree that between you and Licensor, all rights, title, and interest in and regarding the Software and all modifications thereto or derivatives thereof, including associated intellectual property rights, are and shall remain with Licensor.
2.3 This Agreement does not convey to you an interest in or regarding the Software, but only a limited right of use revocable in accordance with the terms of this Agreement.
2.4. For the removal of doubt, Licensor may remotely update the Software, and Licensor may remotely terminate the use or operation of the Software where it is within Licensor's rights to do so.
3. TERM; AUTOMATIC RENEWAL
FOR PURCHASERS OF ONE-TIME-PAYMENT, ONE-TIME-PURCHASE: This License shall be valid from the purchase date of the Software until it is removed from the Computer.
Refund and purchasing policy follow Steam’s policies.
3.1 This Agreement is effective upon your consummation of the transaction for the purchase of the license for the Software, following your payment of the applicable license fees.
3.2 In addition to all other legal rights and remedies, Licensor may terminate this Agreement upon the breach of any term hereof. The provisions of this Agreement that protect the rights of 0Dark&Nerdy shall survive termination of this Agreement.
4. DISCLAIMER; WARRANTY
4.1 THE SOFTWARE AND ANY OTHER MATERIALS PROVIDED BY 0Dark&Nerdy OR THIRD PARTIES ARE PROVIDED "AS IS AND WITHOUT WARRANTY OF ANY KIND, AND 0Dark&Nerdy MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT OF THE SOFTWARE OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING, WITHOUT LIMITATION, THE ACCURACY, TIMELINESS OR USEFULNESS OF THE SOFTWARE OR SERVICES.
4.3 Licensor is not responsible for problems associated with or caused by incompatible operating systems or equipment, or for problems in the interaction of the Software with software not furnished by Licensor.
(B) THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE IS BORNE BY THE LICENSEE. THE SOFTWARE IS NOT FAULT TOLERANT AND SHOULD NOT BE USED IN ANY ENVIRONMENT WHICH REQUIRES THIS. LICENSEE HEREBY EXPRESSLY AGREES NOT TO USE OR RELY ON THE SOFTWARE FOR ANY APPLICATIONS THAT MAY RESULT IN ANY DAMAGE IF FAILED.
(C) THE SECURITY MECHANISMS IMPLEMENTED BY THE SOFTWARE HAVE INHERENT LIMITATIONS, AND LICENSEE MUST DETERMINE THAT THE SOFTWARE SUFFICIENTLY MEETS ITS REQUIREMENTS.
(D) LICENSOR DOES NOT WARRANT OR GUARANTEE THAT THE FUNCTIONS OR SERVICES PERFORMED BY THE SOFTWARE OR BY THE SERVICE PROVIDED BY THE LICENSOR WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT ANY INFORMATION OR DATA RECEIVED ON OR THROUGH THE SOFTWARE OR RELATING TO IT WILL BE FREE OF ANY VIRUSES, WORMS, OR ANY OTHER DESTRUCTIVE PROPERTIES, AND WILL NOT CONTAIN ANY OBJECTIONABLE MATERIALS.
(E) THE DOCUMENTS AND GRAPHICS IN THE SOFTWARE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. LICENSOR MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND.
4.5 Licensor may, at its sole discretion, at any time, without prior notice and temporarily or permanently:
(ii) Change, reduce or limit the functionality and features of the Software.
(iv) Introduce new features that may cause functionality change in earlier versions;
(v) Condition the continuation of the License on your accepting Product improvements, corrections, adaptations, or changes, or accepting revised or new terms of License, as will be made available on or through the 0Dark&Nerdy website or other website.
0Dark&Nerdy shall notify its users through the Software, Steam, or by e-mail or through the website of changes in this Agreement.
5. LIABILITY
5.1 LICENSOR SHALL NOT BE LIABLE UNDER ANY CLAIM RELATED TO THE SOFTWARE, INCLUDING CLAIMS IN RESPECT OF INFRINGEMENTS OF RIGHTS, INFRINGEMENT OF PATENT, COPYRIGHT, REGISTERED DESIGN OR TRADEMARK AND OTHER INTELLECTUAL PROPERTY RIGHTS.
5.2 IN NO EVENT SHALL LICENSOR BE LIABLE TO YOU OR ANY THIRD PARTY FOR THE USE OR INABILITY TO USE, OR THE QUALITY OF, OF THE SOFTWARE OR SERVICES. IN NO EVENT SHALL LICENSOR BE LIABLE FOR ANY DIRECT OR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY LOSS OR DAMAGE WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA, DELAYS, LOSS OF BUSINESS OR PROFITS OR BUSINESS INTERRUPTION), OR FOR LOST DATA, DAMAGE TO OTHER SOFTWARE, COMPUTER FAILURE, OR MALFUNCTION, OR DOWNTIME, REGARDLESS OF WHETHER LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR NOT
5.3 THE CUMULATIVE LIABILITY OF LICENSOR TO YOU FOR ALL CLAIMS RELATING TO THE SOFTWARE OR TO THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR TORT, INCLUDING NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, WILL BE LIMITED TO, AND IN NO EVENT SHALL EXCEED, THE AMOUNT ORIGINALLY PAID BY YOU TO LICENSOR FOR THE LICENSE OF THE SOFTWARE.
5.4 Seizure Warning. Penimorta may contain flashing lights and images, which may induce epileptic seizures. If you or anyone in your household has an epileptic condition, please consult your doctor before playing Penimorta. If you experience dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, or convulsions while playing, immediately discontinue use and consult your doctor.
6. COMPLIANCE WITH LAWS
6.1 Licensee shall be solely responsible to comply, at its own expense, with local, state, national and international laws and regulations, including without limitation laws regarding data protection, security and privacy and with all governmental approvals, licenses, permits and authorizations which may be required with regards to the Licensee's use of the Software or Services.
6.2 Notwithstanding and without limiting any of the aforementioned, in no case shall the Licensor be held liable for any liability arising out of Licensee's failure to comply with any such laws, regulations, approvals, licenses or authorizations.
7. INDEMNITY
At Licensor's request, you agree to defend, indemnify and to hold harmless Licensor, its licensors, officers, directors, shareholders and employees from any losses, claims, liabilities or damages (including but not limited to attorney's fees) which may arise from your use of the Software or from your breach of this Agreement. Licensor is not responsible for claims arising from use of the Software or your breach of this Agreement, including, without limitation, claims of copyright infringement, patent infringement, misappropriation of trade secrets, libel, slander, trade libel, defamation, harassment, invasion of privacy or fraud.
8. INTELLECTUAL PROPERTY
This Agreement does not grant any right, title or interest in connection with any trademarks, service marks or other intellectual property owned by the Licensor or any third party, and you agree that no such right, title or interest shall be asserted by you with respect to such trademarks, service marks or other intellectual property.
9. GOVERNING LAW
This Agreement shall be construed and governed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of laws thereof, and the eligible courts of the State of New York shall have exclusive jurisdiction over all disputes between the parties.
10. ARBITRATION
ALL DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU, ON THE ONE HAND, AND 0Dark&Nerdy, ON THE OTHER HAND, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY AND YOU AGREE THAT 0Dark&Nerdy AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY.
YOU AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, YOU OR 0Dark&Nerdy MAY INSTEAD OPT TO PROCEED ON AN INDIVIDUAL BASIS IN SMALL CLAIMS COURT.
The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (currently available at https://www.adr.org/sites/default/files/Consumer%20Rules.pdf), as amended by this Agreement.
The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator.
The arbitrator’s decision will follow the terms of this Agreement and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in this Agreement will preclude you from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against us for you.
With the exception of any of the language above in this Dispute Resolution provision relating to the waiver of class and representative actions, if a court decides that any part of this provision is invalid or unenforceable, the other parts of this provision shall still apply. If a court decides that any aspect of the language above in this provision relating to the waiver of class and representative actions is invalid or unenforceable, then the entirety of this provision shall be null and void. The remainder of the Agreement will continue to apply and be unaffected by this severability provision.
11. FINAL AGREEMENT; SEVERABILITY
This Agreement sets forth all of your rights, and is the entire Agreement between you and Licensor for the Software. This Agreement supersedes any other communications, representations or advertising relating to the Software or Services.
Should any term of this Agreement be declared void or unenforceable by any court of competent jurisdiction, such declaration shall have no effect on the remaining terms hereof.
12. NO WAIVER
The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches.
13. RESERVATION OF RIGHTS
All rights not expressly granted herein are reserved by Licensor.
14. ASSIGNMENT
Any attempt by Licensee to sublicense, assign or transfer any of the rights, duties or obligations hereunder is void ab initio.
LICENSEE ACKNOWLEDGES THAT IT HAS READ AND UNDERSTANDS THIS AGREEMENT AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. LICENSEE FURTHER AGREES THAT THIS AGREEMENT IS A COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN LICENSEE AND LICENSOR AND SUPERCEDES ANY PROPOSALS OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.