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End user licence agreement
Please read this EULA carefully, as it sets out the basis upon which we license the
Software for use.
By breaking the seal on the packaging of the Software, you agree to be bound by
this EULA.
By agreeing to be bound by this EULA, you further agree that any person you
authorise to use the Software will comply with the provision of this EULA.
1. Definitions
1.1 In this EULA, except to the extent expressly provided otherwise:
"Charges" means those amounts that the parties have agreed in writing shall
be payable by the User to the Licensor in respect of this EULA;
"Documentation" means the documentation for the Software produced by
the Licensor and delivered or made available by the Licensor to the User;
"Effective Date" means the date upon which the User gives the User's
express consent to this EULA, following the issue of this EULA by the Licensor;
"EULA" means this end user licence agreement, including any amendments
to this end user licence agreement from time to time;
"Force Majeure Event" means an event, or a series of related events, that is
outside the reasonable control of the party affected (including failures of the
internet or any public telecommunications network, hacker attacks, denial of
service attacks, virus or other malicious software attacks or infections, power
failures, industrial disputes affecting any third party, changes to the law,
disasters, explosions, fires, floods, riots, terrorist attacks and wars);
"Intellectual Property Rights" means all intellectual property rights
wherever in the world, whether registrable or unregistrable, registered or
unregistered, including any application or right of application for such rights
(and these "intellectual property rights" include copyright and related rights,
database rights, confidential information, trade secrets, know-how, business
names, trade names, trade marks, service marks, passing off rights, unfair
competition rights, patents, petty patents, utility models, semi-conductor
topography rights and rights in designs);
"Licensor" means Jacob McCormick or Michelle McCormick of Nevada, USA;
"Software" means The Dark Stares Back;
"Software Specification" means the specification for the Software set out in
the Documentation;
"Source Code" means the Software code in human-readable form or any part
of the Software code in human-readable form, including code compiled to
create the Software or decompiled from the Software, but excluding
interpreted code comprised in the Software;
"Term" means the term of this EULA, commencing in accordance with Clause
3.1 and ending in accordance with Clause 3.2;
"User" means the person to whom the Licensor grants a right to use the
Software under this EULA; and
"User Indemnity Event" has the meaning given to it in Clause 9.
2. Credit
2.1 This document was created using a template from Docular
(https://docular.net).
You must retain the above credit. Use of this document without the credit is an
infringement of copyright. However, you can purchase from us an equivalent
document that does not include the credit.
3. Term
3.1 This EULA shall come into force upon the Effective Date.
3.2 This EULA shall continue in force indefinitely, subject to termination in
accordance with Clause 11 or any other provision of this EULA.
4. Licence
4.1 The Licensor hereby grants to the User from the date of supply of the
Software to the User a worldwide, non-exclusive licence to:
(a) install a single instance of the Software; and
(b) use a single instance of the Software in accordance with the
Documentation,
subject to the limitations and prohibitions set out and referred to in this
Clause 4.
4.2 The User may not sub-license and must not purport to sub-license any rights
granted under Clause 4.1.
4.3 Save to the extent expressly permitted by this EULA or required by applicable
law on a non-excludable basis, any licence granted under this Clause 4 shall
be subject to the following prohibitions:
(a) the User must not sell, resell, rent, lease, loan, supply, publish,
distribute or redistribute the Software;
(b) the User must not alter, edit or adapt the Software; and
(c) the User must not decompile, de-obfuscate or reverse engineer, or
attempt to decompile, de-obfuscate or reverse engineer, the Software.
4.4 The User shall be responsible for the security of copies of the Software
supplied to the User under this EULA and shall use all reasonable endeavours
(including all reasonable security measures) to ensure that access to such
copies is restricted to persons authorised to use them under this EULA.
5. Source Code
5.1 Nothing in this EULA shall give to the User or any other person any right to
access or use the Source Code or constitute any licence of the Source Code.
6. No assignment of Intellectual Property Rights
6.1 Nothing in this EULA shall operate to assign or transfer any Intellectual
Property Rights from the Licensor to the User, or from the User to the
Licensor.
7. Charges
7.1 The User shall pay the Charges to the Licensor in accordance with this EULA.
8. Acknowledgements and warranty limitations
8.1 The User acknowledges that complex software is never wholly free from
defects, errors and bugs; and subject to the other provisions of this EULA, the
Licensor gives no warranty or representation that the Software will be wholly
free from defects, errors and bugs.
8.2 The User acknowledges that complex software is never entirely free from
security vulnerabilities; and subject to the other provisions of this EULA, the
Licensor gives no warranty or representation that the Software will be entirely
secure.
8.3 The User acknowledges that the Software is only designed to be compatible
with that software specified as compatible in the Software Specification; and
the Licensor does not warrant or represent that the Software will be
compatible with any other software.
8.4 The User acknowledges that the Licensor will not provide any legal, financial,
accountancy or taxation advice under this EULA or in relation to the Software;
and, except to the extent expressly provided otherwise in this EULA, the
Licensor does not warrant or represent that the Software or the use of the
Software by the User will not give rise to any legal liability on the part of the
User or any other person.
9. Indemnities
9.1 The User shall indemnify and shall keep indemnified the Licensor against any
and all liabilities, damages, losses, costs and expenses (including legal
expenses and amounts reasonably paid in settlement of legal claims) suffered
or incurred by the Licensor and arising directly or indirectly as a result of any
breach by the User of this EULA (a "User Indemnity Event").
10. Limitations and exclusions of liability
10.1 Nothing in this EULA will:
(a) limit or exclude any liability for death or personal injury resulting from
negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable
law; or
(d) exclude any liabilities that may not be excluded under applicable law,
and, if a party is a consumer, that party's statutory rights will not be excluded
or limited by this EULA, except to the extent permitted by law.
10.2 The limitations and exclusions of liability set out in this Clause 10 and
elsewhere in this EULA:
(a) are subject to Clause 10.1; and
(b) govern all liabilities arising under this EULA or relating to the subject
matter of this EULA, including liabilities arising in contract, in tort
(including negligence) and for breach of statutory duty, except to the
extent expressly provided otherwise in this EULA.
10.3 The Licensor will not be liable to the User in respect of any losses arising out
of a Force Majeure Event.
10.4 The Licensor will not be liable to the User in respect of any loss of profits or
anticipated savings.
10.5 The Licensor will not be liable to the User in respect of any loss of revenue or
income.
10.6 The Licensor will not be liable to the User in respect of any loss of business,
contracts or opportunities.
10.7 The Licensor will not be liable to the User in respect of any loss or corruption
of any data, database or software.
10.8 The Licensor will not be liable to the User in respect of any special, indirect or
consequential loss or damage.
11. Termination
11.1 The Licensor may terminate this EULA by giving to the User not less than 30
days' written notice of termination, expiring at the end of any calendar month.
11.2 The User may terminate this EULA by giving to the Licensor not less than 30
days' written notice of termination, expiring at the end of any calendar month.
11.3 Either party may terminate this EULA immediately by giving written notice of
termination to the other party if:
(a) the other party commits any breach of this EULA, and the breach is not
remediable.
11.4 Either party may terminate this EULA immediately by giving written notice of
termination to the other party if:
(a) the other party:
(i) is dissolved;
(ii) ceases to conduct all (or substantially all) of its business;
(iii) is or becomes unable to pay its debts as they fall due;
(iv) is or becomes insolvent or is declared insolvent; or
(v) convenes a meeting or makes or proposes to make any
arrangement or composition with its creditors;
(b) an administrator, administrative receiver, liquidator, receiver, trustee,
manager or similar is appointed over any of the assets of the other
party; or
(c) an order is made for the winding up of the other party, or the other
party passes a resolution for its winding up.
12. Effects of termination
12.1 Upon the termination of this EULA, all of the provisions of this EULA shall
cease to have effect, save that the following provisions of this EULA shall
survive and continue to have effect (in accordance with their express terms or
otherwise indefinitely): Clauses 1, 9, 10, 12 and 13.
12.2 Except to the extent that this EULA expressly provides otherwise, the
termination of this EULA shall not affect the accrued rights of either party.
12.3 Within 10 Business Days following the termination of this EULA, the User
must:
(a) return to the Licensor or dispose of as the Licensor may instruct all
media in its possession or control containing the Software; and
(b) irrevocably delete from all computer systems in its possession or control
all copies of the Software.
13. General
13.1 No breach of any provision of this EULA shall be waived except with the
express written consent of the party not in breach.
13.2 If any provision of this EULA is determined by any court or other competent
authority to be unlawful and/or unenforceable, the other provisions of this
EULA will continue in effect. If any unlawful and/or unenforceable provision
would be lawful or enforceable if part of it were deleted, that part will be
deemed to be deleted, and the rest of the provision will continue in effect
(unless that would contradict the clear intention of the parties, in which case
the entirety of the relevant provision will be deemed to be deleted).
13.3 This EULA may not be varied except by a written document signed by or on
behalf of each of the parties.
13.4 The User hereby agrees that the Licensor may assign the Licensor's
contractual rights and obligations under this EULA to any successor to all or a
substantial part of the business of the Licensor from time to time. Save to the
extent expressly permitted by applicable law, the User must not without the
prior written consent of the Licensor assign, transfer or otherwise deal with
any of the User's contractual rights or obligations under this EULA.
13.5 This EULA is made for the benefit of the parties, and is not intended to benefit
any third party or be enforceable by any third party. The rights of the parties
to terminate, rescind, or agree any amendment, waiver, variation or
settlement under or relating to this EULA are not subject to the consent of any
third party.
13.6 Subject to Clause 10.1, this EULA shall constitute the entire agreement
between the parties in relation to the subject matter of this EULA, and shall
supersede all previous agreements, arrangements and understandings
between the parties in respect of that subject matter.
13.7 This EULA shall be governed by and construed in accordance with the laws of
The United States of America.
13.8 The courts of The United Stated of America shall have exclusive jurisdiction to
adjudicate any dispute arising under or in connection with this EULA.
Please read this EULA carefully, as it sets out the basis upon which we license the
Software for use.
By breaking the seal on the packaging of the Software, you agree to be bound by
this EULA.
By agreeing to be bound by this EULA, you further agree that any person you
authorise to use the Software will comply with the provision of this EULA.
1. Definitions
1.1 In this EULA, except to the extent expressly provided otherwise:
"Charges" means those amounts that the parties have agreed in writing shall
be payable by the User to the Licensor in respect of this EULA;
"Documentation" means the documentation for the Software produced by
the Licensor and delivered or made available by the Licensor to the User;
"Effective Date" means the date upon which the User gives the User's
express consent to this EULA, following the issue of this EULA by the Licensor;
"EULA" means this end user licence agreement, including any amendments
to this end user licence agreement from time to time;
"Force Majeure Event" means an event, or a series of related events, that is
outside the reasonable control of the party affected (including failures of the
internet or any public telecommunications network, hacker attacks, denial of
service attacks, virus or other malicious software attacks or infections, power
failures, industrial disputes affecting any third party, changes to the law,
disasters, explosions, fires, floods, riots, terrorist attacks and wars);
"Intellectual Property Rights" means all intellectual property rights
wherever in the world, whether registrable or unregistrable, registered or
unregistered, including any application or right of application for such rights
(and these "intellectual property rights" include copyright and related rights,
database rights, confidential information, trade secrets, know-how, business
names, trade names, trade marks, service marks, passing off rights, unfair
competition rights, patents, petty patents, utility models, semi-conductor
topography rights and rights in designs);
"Licensor" means Jacob McCormick or Michelle McCormick of Nevada, USA;
"Software" means The Dark Stares Back;
"Software Specification" means the specification for the Software set out in
the Documentation;
"Source Code" means the Software code in human-readable form or any part
of the Software code in human-readable form, including code compiled to
create the Software or decompiled from the Software, but excluding
interpreted code comprised in the Software;
"Term" means the term of this EULA, commencing in accordance with Clause
3.1 and ending in accordance with Clause 3.2;
"User" means the person to whom the Licensor grants a right to use the
Software under this EULA; and
"User Indemnity Event" has the meaning given to it in Clause 9.
2. Credit
2.1 This document was created using a template from Docular
(https://docular.net).
You must retain the above credit. Use of this document without the credit is an
infringement of copyright. However, you can purchase from us an equivalent
document that does not include the credit.
3. Term
3.1 This EULA shall come into force upon the Effective Date.
3.2 This EULA shall continue in force indefinitely, subject to termination in
accordance with Clause 11 or any other provision of this EULA.
4. Licence
4.1 The Licensor hereby grants to the User from the date of supply of the
Software to the User a worldwide, non-exclusive licence to:
(a) install a single instance of the Software; and
(b) use a single instance of the Software in accordance with the
Documentation,
subject to the limitations and prohibitions set out and referred to in this
Clause 4.
4.2 The User may not sub-license and must not purport to sub-license any rights
granted under Clause 4.1.
4.3 Save to the extent expressly permitted by this EULA or required by applicable
law on a non-excludable basis, any licence granted under this Clause 4 shall
be subject to the following prohibitions:
(a) the User must not sell, resell, rent, lease, loan, supply, publish,
distribute or redistribute the Software;
(b) the User must not alter, edit or adapt the Software; and
(c) the User must not decompile, de-obfuscate or reverse engineer, or
attempt to decompile, de-obfuscate or reverse engineer, the Software.
4.4 The User shall be responsible for the security of copies of the Software
supplied to the User under this EULA and shall use all reasonable endeavours
(including all reasonable security measures) to ensure that access to such
copies is restricted to persons authorised to use them under this EULA.
5. Source Code
5.1 Nothing in this EULA shall give to the User or any other person any right to
access or use the Source Code or constitute any licence of the Source Code.
6. No assignment of Intellectual Property Rights
6.1 Nothing in this EULA shall operate to assign or transfer any Intellectual
Property Rights from the Licensor to the User, or from the User to the
Licensor.
7. Charges
7.1 The User shall pay the Charges to the Licensor in accordance with this EULA.
8. Acknowledgements and warranty limitations
8.1 The User acknowledges that complex software is never wholly free from
defects, errors and bugs; and subject to the other provisions of this EULA, the
Licensor gives no warranty or representation that the Software will be wholly
free from defects, errors and bugs.
8.2 The User acknowledges that complex software is never entirely free from
security vulnerabilities; and subject to the other provisions of this EULA, the
Licensor gives no warranty or representation that the Software will be entirely
secure.
8.3 The User acknowledges that the Software is only designed to be compatible
with that software specified as compatible in the Software Specification; and
the Licensor does not warrant or represent that the Software will be
compatible with any other software.
8.4 The User acknowledges that the Licensor will not provide any legal, financial,
accountancy or taxation advice under this EULA or in relation to the Software;
and, except to the extent expressly provided otherwise in this EULA, the
Licensor does not warrant or represent that the Software or the use of the
Software by the User will not give rise to any legal liability on the part of the
User or any other person.
9. Indemnities
9.1 The User shall indemnify and shall keep indemnified the Licensor against any
and all liabilities, damages, losses, costs and expenses (including legal
expenses and amounts reasonably paid in settlement of legal claims) suffered
or incurred by the Licensor and arising directly or indirectly as a result of any
breach by the User of this EULA (a "User Indemnity Event").
10. Limitations and exclusions of liability
10.1 Nothing in this EULA will:
(a) limit or exclude any liability for death or personal injury resulting from
negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable
law; or
(d) exclude any liabilities that may not be excluded under applicable law,
and, if a party is a consumer, that party's statutory rights will not be excluded
or limited by this EULA, except to the extent permitted by law.
10.2 The limitations and exclusions of liability set out in this Clause 10 and
elsewhere in this EULA:
(a) are subject to Clause 10.1; and
(b) govern all liabilities arising under this EULA or relating to the subject
matter of this EULA, including liabilities arising in contract, in tort
(including negligence) and for breach of statutory duty, except to the
extent expressly provided otherwise in this EULA.
10.3 The Licensor will not be liable to the User in respect of any losses arising out
of a Force Majeure Event.
10.4 The Licensor will not be liable to the User in respect of any loss of profits or
anticipated savings.
10.5 The Licensor will not be liable to the User in respect of any loss of revenue or
income.
10.6 The Licensor will not be liable to the User in respect of any loss of business,
contracts or opportunities.
10.7 The Licensor will not be liable to the User in respect of any loss or corruption
of any data, database or software.
10.8 The Licensor will not be liable to the User in respect of any special, indirect or
consequential loss or damage.
11. Termination
11.1 The Licensor may terminate this EULA by giving to the User not less than 30
days' written notice of termination, expiring at the end of any calendar month.
11.2 The User may terminate this EULA by giving to the Licensor not less than 30
days' written notice of termination, expiring at the end of any calendar month.
11.3 Either party may terminate this EULA immediately by giving written notice of
termination to the other party if:
(a) the other party commits any breach of this EULA, and the breach is not
remediable.
11.4 Either party may terminate this EULA immediately by giving written notice of
termination to the other party if:
(a) the other party:
(i) is dissolved;
(ii) ceases to conduct all (or substantially all) of its business;
(iii) is or becomes unable to pay its debts as they fall due;
(iv) is or becomes insolvent or is declared insolvent; or
(v) convenes a meeting or makes or proposes to make any
arrangement or composition with its creditors;
(b) an administrator, administrative receiver, liquidator, receiver, trustee,
manager or similar is appointed over any of the assets of the other
party; or
(c) an order is made for the winding up of the other party, or the other
party passes a resolution for its winding up.
12. Effects of termination
12.1 Upon the termination of this EULA, all of the provisions of this EULA shall
cease to have effect, save that the following provisions of this EULA shall
survive and continue to have effect (in accordance with their express terms or
otherwise indefinitely): Clauses 1, 9, 10, 12 and 13.
12.2 Except to the extent that this EULA expressly provides otherwise, the
termination of this EULA shall not affect the accrued rights of either party.
12.3 Within 10 Business Days following the termination of this EULA, the User
must:
(a) return to the Licensor or dispose of as the Licensor may instruct all
media in its possession or control containing the Software; and
(b) irrevocably delete from all computer systems in its possession or control
all copies of the Software.
13. General
13.1 No breach of any provision of this EULA shall be waived except with the
express written consent of the party not in breach.
13.2 If any provision of this EULA is determined by any court or other competent
authority to be unlawful and/or unenforceable, the other provisions of this
EULA will continue in effect. If any unlawful and/or unenforceable provision
would be lawful or enforceable if part of it were deleted, that part will be
deemed to be deleted, and the rest of the provision will continue in effect
(unless that would contradict the clear intention of the parties, in which case
the entirety of the relevant provision will be deemed to be deleted).
13.3 This EULA may not be varied except by a written document signed by or on
behalf of each of the parties.
13.4 The User hereby agrees that the Licensor may assign the Licensor's
contractual rights and obligations under this EULA to any successor to all or a
substantial part of the business of the Licensor from time to time. Save to the
extent expressly permitted by applicable law, the User must not without the
prior written consent of the Licensor assign, transfer or otherwise deal with
any of the User's contractual rights or obligations under this EULA.
13.5 This EULA is made for the benefit of the parties, and is not intended to benefit
any third party or be enforceable by any third party. The rights of the parties
to terminate, rescind, or agree any amendment, waiver, variation or
settlement under or relating to this EULA are not subject to the consent of any
third party.
13.6 Subject to Clause 10.1, this EULA shall constitute the entire agreement
between the parties in relation to the subject matter of this EULA, and shall
supersede all previous agreements, arrangements and understandings
between the parties in respect of that subject matter.
13.7 This EULA shall be governed by and construed in accordance with the laws of
The United States of America.
13.8 The courts of The United Stated of America shall have exclusive jurisdiction to
adjudicate any dispute arising under or in connection with this EULA.