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END-USER LICENSE AGREEMENT
IMPORTANT: PLEASE READ THIS DOCUMENT IN ITS ENTIRETY
This End-User License Agreement (hereinafter, "Agreement") creates a legally binding Agreement between you, as an end user of our services (hereinafter, "End User"), and the Raiun Games. You will be referred to through second-person pronouns such as “you,” "your" and "yours." We, the Raiun Games, will be referred to with pronouns such as "us," "our," and "ours." Collectively, you and the Raiun Games may be referred to as the "Parties" and individually as "Party."
This license governs the use of all of our software products (hereinafter, "Software"), specifically:
Buildodge: A 2D shooter game.
By accessing, downloading, installing, or otherwise using our Software in any way, you agree to be bound by this Agreement in its entirety. If you do not agree, you must cease use of the Software immediately.
If you are a minor or other person of limited capacity, please obtain the consent of a guardian (legal representative such as a person with parental authority) or another person before agreeing to and accepting this License Agreement.
SOFTWARE LICENSE: When you lawfully access the Software, whether through purchase or other lawful means, we grant you, subject to all of the terms and conditions of this Agreement, a non-exclusive, non-transferable, limited, revocable license to use the Software ("License"). This License extends to the use of documentation, data, or information developed by the Raiun Games, and other materials which may assist in your use of the Software. This License may not be transferred to any third parties without express, lawful, written permission from the Raiun Games and this License terminates upon your cessation of use of the Software.
This License shall be applicable to all lawful End Users of the Software, unless a separate written agreement has been executed between you and the Raiun Games.
GAME CURRENCY AND CONTENT LICENSES: Raiun Games offers the ability to purchase a non-exclusive, non-transferable, limited, revocable license to use in-game currency for a fee (“Game Currency License”). Game Currency License is valid for 150 days UTC time after purchase, including the date of purchase. Raiun Games also offers the ability to exchange a non-exclusive, non-transferable, limited, revocable license to use the content for Game Currency License (“Content License”).
Game Currency License and Content License are not refundable.
ADDITIONAL TERMS: Additional terms may be applicable to the Parties' relationship with each other, such as the Raiun Games Terms & Conditions or Terms of Use, the Raiun Games Privacy Policy, and any other such written agreements governing your relationship with us. Nothing contained herein is intended to restrict the terms of any other written agreement. Instead, all relevant documents shall be construed as broadly as possible.
The Privacy Policy can be found at the following link: https://sites.google.com/view/buildodge .
INTELLECTUAL PROPERTY: You agree that the Software, Raiun Games website and all services provided by the Raiun Games are the property of the Raiun Games, including some copyrights, trademarks, trade secrets, patents, and some other intellectual properties ("Raiun Games IP"). You agree that the Raiun Games owns some rights, titles and interests in and to the Raiun Games IP and that you will not use the Raiun Games IP for any unlawful or infringing purpose. You agree not to reproduce or distribute the Raiun Games IP in any way, including electronically or via registration of any new trademarks, trade names, service marks or Uniform Resource Locators (URLs), without express written permission from the Raiun Games.
ACCEPTABLE USE: You agree not to use the Software for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Software in any way that could damage the Raiun Games website, services, or general business of the Raiun Games.
You further agree not to use the Software:
I) To harass, abuse, or threaten others or otherwise violate any person's legal rights;
II) To violate any intellectual property rights of the Raiun Games or any third party;
III) To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
IV) To perpetrate any fraud;
V) To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
VI) To publish or distribute any obscene or defamatory material;
VII) To publish or distribute any material that incites violence, hate, or discrimination towards any group;
VIII) To unlawfully gather information about others.
REVERSE ENGINEERING & SECURITY: You agree not to undertake any of the following actions:
a) Reverse engineer, or attempt to reverse engineer or disassemble the Software or any code within or related to the Software or the Raiun Games website;
b) Violate the security of the Software through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network;
c) Copy or otherwise distribute copies of the Software unlawfully, such as through any peer-to-peer network or other intellectual property circumvention tool.
MAINTENANCE: This License includes Software maintenance and support. Please contact the Raiun Games for assistance.
INDEMNIFICATION: You agree to defend and indemnify the Raiun Games and any of its affiliates (if applicable) and hold us harmless against any and all legal claims and demands, including reasonable attorney's fees, which may arise from or relate to your use or misuse of the Software, your breach of this Agreement, or your conduct or actions. You agree that the Raiun Games shall be able to select its own legal counsel and may participate in its own defense, if the Raiun Games wishes.
SPAM POLICY: You are strictly prohibited from using the Software or any of the Raiun Games's services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.
SERVICE INTERRUPTIONS: The Raiun Games may need to interrupt access to the Software to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the Software may be affected by unanticipated or unscheduled downtime, for any reason, but that the Raiun Games shall have no liability for any damage or loss caused as a result of such downtime.
TERMINATION: If you violate even one of the items specified in this license agreement, Raiun Games may immediately terminate this license agreement. In this case, you shall destroy all components of the software and all copies of the software.
In the case of the preceding paragraph, the Company shall not be obligated to reimburse or refund any expenses you have incurred in connection with the Software, regardless of the name.
NO WARRANTIES: You agree that your use of the Software is at your sole and exclusive risk and that the Software is provided on "As Is" basis. The Raiun Games hereby expressly disclaims any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. The Raiun Games makes no warranties that the Software will meet your needs or that access to the Software will be uninterrupted or error-free. The Raiun Games also makes no warranties as to the reliability or accuracy of any information contained within the Software. You agree that any damage that may occur to you, through your computer system, or as a result of loss of your data from your use of the Software is your sole responsibility and that the Raiun Games is not liable for any such damage or loss.
LIMITATION ON LIABILITY: The Raiun Games is not liable for any damages that may occur to you as a result of your use of the Software, to the fullest extent permitted by law. The maximum liability of the Raiun Games arising from or relating to this Agreement is limited to the greater of one hundred ($100) US Dollars or the amount you paid to the Raiun Games in the last six (6) months. This section applies to any and all claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.
DISPUTE RESOLUTION & GOVERNING LAW: All disputes will be resolved as provided for in the Terms & Conditions or Terms of Service. Should Raiun Games not have a live version of any Terms document or any other provisions in any user-facing document covering dispute resolution and governing law, the laws of Japan shall govern any matter or dispute relating to or arising from this EULA or the Raiun Games's relationship with End User. Any dispute arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the Tokyo District Court or Tokyo Summary Court as the court of first instance.
ASSIGNMENT: This Agreement, or the rights granted hereunder, may not be assigned, sold, leased or otherwise transferred in whole or part by you. Should this Agreement, or the rights granted hereunder, by assigned, sold, leased or otherwise transferred by the Raiun Games, the rights and liabilities of the Raiun Games will bind and inure to any assignees, administrators, successors, and executors.
HEADINGS FOR CONVENIENCE ONLY: Headings of parts and sub-parts under this Agreement are for convenience and organization, only. Headings shall not affect the meaning of any provisions of this Agreement.
NO AGENCY, PARTNERSHIP OR JOINT VENTURE: No agency, partnership, or joint venture has been created between the Parties as a result of this Agreement. No Party has any authority to bind the other to third parties.
FORCE MAJEURE: The Raiun Games is not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.
ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications are permitted to both Parties under this Agreement, including e-mail. For any questions or concerns, please email usat the following address: raiungames@gmail.com.
IMPORTANT: PLEASE READ THIS DOCUMENT IN ITS ENTIRETY
This End-User License Agreement (hereinafter, "Agreement") creates a legally binding Agreement between you, as an end user of our services (hereinafter, "End User"), and the Raiun Games. You will be referred to through second-person pronouns such as “you,” "your" and "yours." We, the Raiun Games, will be referred to with pronouns such as "us," "our," and "ours." Collectively, you and the Raiun Games may be referred to as the "Parties" and individually as "Party."
This license governs the use of all of our software products (hereinafter, "Software"), specifically:
Buildodge: A 2D shooter game.
By accessing, downloading, installing, or otherwise using our Software in any way, you agree to be bound by this Agreement in its entirety. If you do not agree, you must cease use of the Software immediately.
If you are a minor or other person of limited capacity, please obtain the consent of a guardian (legal representative such as a person with parental authority) or another person before agreeing to and accepting this License Agreement.
SOFTWARE LICENSE: When you lawfully access the Software, whether through purchase or other lawful means, we grant you, subject to all of the terms and conditions of this Agreement, a non-exclusive, non-transferable, limited, revocable license to use the Software ("License"). This License extends to the use of documentation, data, or information developed by the Raiun Games, and other materials which may assist in your use of the Software. This License may not be transferred to any third parties without express, lawful, written permission from the Raiun Games and this License terminates upon your cessation of use of the Software.
This License shall be applicable to all lawful End Users of the Software, unless a separate written agreement has been executed between you and the Raiun Games.
GAME CURRENCY AND CONTENT LICENSES: Raiun Games offers the ability to purchase a non-exclusive, non-transferable, limited, revocable license to use in-game currency for a fee (“Game Currency License”). Game Currency License is valid for 150 days UTC time after purchase, including the date of purchase. Raiun Games also offers the ability to exchange a non-exclusive, non-transferable, limited, revocable license to use the content for Game Currency License (“Content License”).
Game Currency License and Content License are not refundable.
ADDITIONAL TERMS: Additional terms may be applicable to the Parties' relationship with each other, such as the Raiun Games Terms & Conditions or Terms of Use, the Raiun Games Privacy Policy, and any other such written agreements governing your relationship with us. Nothing contained herein is intended to restrict the terms of any other written agreement. Instead, all relevant documents shall be construed as broadly as possible.
The Privacy Policy can be found at the following link: https://sites.google.com/view/buildodge .
INTELLECTUAL PROPERTY: You agree that the Software, Raiun Games website and all services provided by the Raiun Games are the property of the Raiun Games, including some copyrights, trademarks, trade secrets, patents, and some other intellectual properties ("Raiun Games IP"). You agree that the Raiun Games owns some rights, titles and interests in and to the Raiun Games IP and that you will not use the Raiun Games IP for any unlawful or infringing purpose. You agree not to reproduce or distribute the Raiun Games IP in any way, including electronically or via registration of any new trademarks, trade names, service marks or Uniform Resource Locators (URLs), without express written permission from the Raiun Games.
ACCEPTABLE USE: You agree not to use the Software for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Software in any way that could damage the Raiun Games website, services, or general business of the Raiun Games.
You further agree not to use the Software:
I) To harass, abuse, or threaten others or otherwise violate any person's legal rights;
II) To violate any intellectual property rights of the Raiun Games or any third party;
III) To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
IV) To perpetrate any fraud;
V) To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
VI) To publish or distribute any obscene or defamatory material;
VII) To publish or distribute any material that incites violence, hate, or discrimination towards any group;
VIII) To unlawfully gather information about others.
REVERSE ENGINEERING & SECURITY: You agree not to undertake any of the following actions:
a) Reverse engineer, or attempt to reverse engineer or disassemble the Software or any code within or related to the Software or the Raiun Games website;
b) Violate the security of the Software through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network;
c) Copy or otherwise distribute copies of the Software unlawfully, such as through any peer-to-peer network or other intellectual property circumvention tool.
MAINTENANCE: This License includes Software maintenance and support. Please contact the Raiun Games for assistance.
INDEMNIFICATION: You agree to defend and indemnify the Raiun Games and any of its affiliates (if applicable) and hold us harmless against any and all legal claims and demands, including reasonable attorney's fees, which may arise from or relate to your use or misuse of the Software, your breach of this Agreement, or your conduct or actions. You agree that the Raiun Games shall be able to select its own legal counsel and may participate in its own defense, if the Raiun Games wishes.
SPAM POLICY: You are strictly prohibited from using the Software or any of the Raiun Games's services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.
SERVICE INTERRUPTIONS: The Raiun Games may need to interrupt access to the Software to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the Software may be affected by unanticipated or unscheduled downtime, for any reason, but that the Raiun Games shall have no liability for any damage or loss caused as a result of such downtime.
TERMINATION: If you violate even one of the items specified in this license agreement, Raiun Games may immediately terminate this license agreement. In this case, you shall destroy all components of the software and all copies of the software.
In the case of the preceding paragraph, the Company shall not be obligated to reimburse or refund any expenses you have incurred in connection with the Software, regardless of the name.
NO WARRANTIES: You agree that your use of the Software is at your sole and exclusive risk and that the Software is provided on "As Is" basis. The Raiun Games hereby expressly disclaims any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. The Raiun Games makes no warranties that the Software will meet your needs or that access to the Software will be uninterrupted or error-free. The Raiun Games also makes no warranties as to the reliability or accuracy of any information contained within the Software. You agree that any damage that may occur to you, through your computer system, or as a result of loss of your data from your use of the Software is your sole responsibility and that the Raiun Games is not liable for any such damage or loss.
LIMITATION ON LIABILITY: The Raiun Games is not liable for any damages that may occur to you as a result of your use of the Software, to the fullest extent permitted by law. The maximum liability of the Raiun Games arising from or relating to this Agreement is limited to the greater of one hundred ($100) US Dollars or the amount you paid to the Raiun Games in the last six (6) months. This section applies to any and all claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.
DISPUTE RESOLUTION & GOVERNING LAW: All disputes will be resolved as provided for in the Terms & Conditions or Terms of Service. Should Raiun Games not have a live version of any Terms document or any other provisions in any user-facing document covering dispute resolution and governing law, the laws of Japan shall govern any matter or dispute relating to or arising from this EULA or the Raiun Games's relationship with End User. Any dispute arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the Tokyo District Court or Tokyo Summary Court as the court of first instance.
ASSIGNMENT: This Agreement, or the rights granted hereunder, may not be assigned, sold, leased or otherwise transferred in whole or part by you. Should this Agreement, or the rights granted hereunder, by assigned, sold, leased or otherwise transferred by the Raiun Games, the rights and liabilities of the Raiun Games will bind and inure to any assignees, administrators, successors, and executors.
HEADINGS FOR CONVENIENCE ONLY: Headings of parts and sub-parts under this Agreement are for convenience and organization, only. Headings shall not affect the meaning of any provisions of this Agreement.
NO AGENCY, PARTNERSHIP OR JOINT VENTURE: No agency, partnership, or joint venture has been created between the Parties as a result of this Agreement. No Party has any authority to bind the other to third parties.
FORCE MAJEURE: The Raiun Games is not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.
ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications are permitted to both Parties under this Agreement, including e-mail. For any questions or concerns, please email usat the following address: raiungames@gmail.com.