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SABER INTERACTIVE INC
END USER LICENSE AGREEMENT
This End User License Agreement (“License”) is an agreement between you and SABER INTERACTIVE INC. (“SABER INTERACTIVE INC”). This License governs your use of the game and any and all related documentation, and updates and upgrades that replace or supplement the game in any respect and which are not distributed with a separate license (collectively, the "Game"). This Game is licensed to you, not sold.
BY INSTALLING OR USING THE GAME, YOU AGREE TO THE TERMS OF THIS LICENSE; AND AGREE TO BE BOUND BY THEM. If you do not agree to the terms of this License, then do not install or use the Game.
We reserve the right to modify this License at any time. Your continued use of our online and offline products and services will signify your acceptance of the changes to this License.
1. Limited License Grant and Terms of Use.
A. Grant. Through this purchase, you are acquiring and SABER INTERACTIVE INC grants you a personal, limited, non-exclusive license to install and use the Game for your non-commercial use on a single, authorized device solely as set forth in this License. Your acquired rights are subject to your compliance with this License. Any commercial use is prohibited. You are expressly prohibited from sub-licensing, renting, leasing, transferring or otherwise distributing the Game or rights to use the Game. The term of your License shall commence on the date that you install or otherwise use the Game, and shall end on the earlier of the date that you fully delete the Game or SABER INTERACTIVE INC’ termination of this License.
B. Further Restrictions. Your right to use the Game is limited to the license grant above, and you may not otherwise copy, display, seek to disable, distribute, perform, publish, modify, transfer, create works from, or use the Game or any component of it, except as expressly authorized by SABER INTERACTIVE INC. Unless expressly authorized by SABER INTERACTIVE INC, you are prohibited from making a copy of the Game available on a network where it could be used by multiple users. You are prohibited from making the Game available over a network where it could be downloaded by multiple users. You may not remove or alter SABER INTERACTIVE INC’ trademarks or logos, or legal notices included in the Game or related assets. Your right to use the Game is also predicated on your compliance with any applicable terms of agreements you have with third parties when using the Game.
C. Reservation of Rights. You have obtained a license to the Game and your rights are subject to this License. Except as expressly licensed to you herein, SABER INTERACTIVE INC reserves all right, title and interest in the Game (including all characters, storyline, images, photographs, animations, video, music, text), and all associated copyrights, trademarks, and other intellectual property rights therein. This License is limited to the intellectual property rights of SABER INTERACTIVE INC and its licensors in the Game and does not include any rights to other patents or intellectual property. Except to the extent permitted by applicable law, you may not decompile, disassemble, or reverse engineer the Game, or any component thereof, by any means whatsoever. You may not remove, alter, or obscure any product identification, copyright, or other intellectual property notices in the Game. All rights not expressly granted herein are reserved by SABER INTERACTIVE INC.
D. Access. You must provide at your own expense the equipment, Internet connections or devices and/or service plans to access and use this Game. SABER INTERACTIVE INC does not guarantee that this Game can be accessed on all devices or service plans. SABER INTERACTIVE INC does not guarantee that this Game is available in all geographic locations. You acknowledge that when you use this Game, your provider may charge you fees for data and/or other Internet access. Check with your provider to see if there are any such fees that apply to you. YOU ARE SOLELY RESPONSIBLE FOR ANY COSTS YOU INCUR TO ACCESS THIS GAME FROM YOUR DEVICE.
E. Application Updates. You agree that the Game may automatically download and install updates, upgrades and additional features that SABER INTERACTIVE INC deems reasonable, beneficial to you and/or reasonably necessary. You acknowledge and agree that any obligation SABER INTERACTIVE INC may have to support the previous version(s) may be ended upon the availability of the update, upgrade and/or implementation of additional features. This License shall apply to any updates, upgrades and/or additional features that are not distributed under a separate license or other agreement.
2. Consent to Use of Data.
To facilitate product support, product development and improvement as well as provide other services to you, you agree that SABER INTERACTIVE INC may use analytic technologies to collect, use, store and transmit technical information (such as type of your device, User ID, username, IP address, geo-location, operating system limited to what is needed for the Game to work) and gameplay related information which results from your experience with the Game.
SABER INTERACTIVE INC operates in several countries. Personal information collected from or submitted by you through the Game may be transferred to and stored on servers and equipment located in a destination outside your country of residence. The servers and equipment on which your data is stored and processed may be owned and operated by third parties with whom SABER INTERACTIVE INC has contracted to receive, store and process your personal information. In addition, SABER INTERACTIVE INC and those third parties that it has designated may further transfer, store and process your personal information on servers and equipment located in other countries. You should be aware that the data protection laws of other countries may not be the same as the data protection laws of your country of residence. By submitting your personal information through a game, you agree to the transfer, storage, and processing of your personal information as described in this section.
3. Consent to Public Display of Data. If you participate in online services, such as online play or the downloading and uploading of content, SABER INTERACTIVE INC may collect, use, store, transmit and publicly display statistical data regarding game play (including scores, rankings, and achievements).
4. Termination. This License is effective until terminated. Your rights under this License will terminate immediately and automatically without any notice from SABER INTERACTIVE INC if you fail to comply with any of the terms and conditions of this License. Promptly upon termination, you must cease all use of the Game and destroy all copies of the Game in your possession or control. Termination will not limit any of SABER INTERACTIVE INC’ other rights or remedies at law or in equity. Sections 1(E), 2 through 10, and any Supplemental Terms of this License shall survive termination or expiration of this License for any reason.
5. Disclaimer of Warranties. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE GAME IS PROVIDED TO YOU “AS IS,” WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. SABER INTERACTIVE INC AND SABER INTERACTIVE INC’ LICENSORS (COLLECTIVELY “SABER INTERACTIVE INC” FOR PURPOSES OF THIS SECTION AND SECTION 6) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. SABER INTERACTIVE INC DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE GAME; THAT THE GAME WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE GAME WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE GAME WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER APPLICATION; THAT ANY ERRORS IN THE GAME WILL BE CORRECTED; OR THAT THE GAME WILL BE AVAILABLE FOR REINSTALLS TO THE SAME OR MULTIPLE DEVICES. NO ORAL OR WRITTEN ADVICE PROVIDED BY SABER INTERACTIVE INC OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
6. Limitation of Liability. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL SABER INTERACTIVE INC BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION OR ANY OTHER FORM OF DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS LICENSE OR THE GAME, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE, WHETHER OR NOT SABER INTERACTIVE INC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SOME JURISDICTIONS DO NOT ALLOW A LIMITATION OF LIABILITY FOR DEATH, PERSONAL INJURY, FRAUDULENT MISREPRESENTATIONS OR CERTAIN INTENTIONAL OR NEGLIGENT ACTS, OR VIOLATION OF SPECIFIC STATUTES, OR THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. In no event shall SABER INTERACTIVE INC’ total liability to you for all damages (except as required by applicable law) exceed the amount actually paid by you for the Game.
7. Limitation of Liability and Disclaimer of Warranties are Material Terms of this License. You agree that the provisions in this License that limit liability are essential terms of this License.
8. Severability and Survival. If any provision of this License is illegal or unenforceable under applicable law, the remainder of the provision shall be amended to achieve as closely as possible the effect of the original term and all other provisions of this License shall continue in full force and effect.
9. Governing Law. The laws of the State of Florida govern this License and/or your use of the Game.
10. Entire Agreement. This License constitutes the entire agreement between you and SABER INTERACTIVE INC with respect to the Game and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless made in writing and signed by SABER INTERACTIVE INC.
END USER LICENSE AGREEMENT
This End User License Agreement (“License”) is an agreement between you and SABER INTERACTIVE INC. (“SABER INTERACTIVE INC”). This License governs your use of the game and any and all related documentation, and updates and upgrades that replace or supplement the game in any respect and which are not distributed with a separate license (collectively, the "Game"). This Game is licensed to you, not sold.
BY INSTALLING OR USING THE GAME, YOU AGREE TO THE TERMS OF THIS LICENSE; AND AGREE TO BE BOUND BY THEM. If you do not agree to the terms of this License, then do not install or use the Game.
We reserve the right to modify this License at any time. Your continued use of our online and offline products and services will signify your acceptance of the changes to this License.
1. Limited License Grant and Terms of Use.
A. Grant. Through this purchase, you are acquiring and SABER INTERACTIVE INC grants you a personal, limited, non-exclusive license to install and use the Game for your non-commercial use on a single, authorized device solely as set forth in this License. Your acquired rights are subject to your compliance with this License. Any commercial use is prohibited. You are expressly prohibited from sub-licensing, renting, leasing, transferring or otherwise distributing the Game or rights to use the Game. The term of your License shall commence on the date that you install or otherwise use the Game, and shall end on the earlier of the date that you fully delete the Game or SABER INTERACTIVE INC’ termination of this License.
B. Further Restrictions. Your right to use the Game is limited to the license grant above, and you may not otherwise copy, display, seek to disable, distribute, perform, publish, modify, transfer, create works from, or use the Game or any component of it, except as expressly authorized by SABER INTERACTIVE INC. Unless expressly authorized by SABER INTERACTIVE INC, you are prohibited from making a copy of the Game available on a network where it could be used by multiple users. You are prohibited from making the Game available over a network where it could be downloaded by multiple users. You may not remove or alter SABER INTERACTIVE INC’ trademarks or logos, or legal notices included in the Game or related assets. Your right to use the Game is also predicated on your compliance with any applicable terms of agreements you have with third parties when using the Game.
C. Reservation of Rights. You have obtained a license to the Game and your rights are subject to this License. Except as expressly licensed to you herein, SABER INTERACTIVE INC reserves all right, title and interest in the Game (including all characters, storyline, images, photographs, animations, video, music, text), and all associated copyrights, trademarks, and other intellectual property rights therein. This License is limited to the intellectual property rights of SABER INTERACTIVE INC and its licensors in the Game and does not include any rights to other patents or intellectual property. Except to the extent permitted by applicable law, you may not decompile, disassemble, or reverse engineer the Game, or any component thereof, by any means whatsoever. You may not remove, alter, or obscure any product identification, copyright, or other intellectual property notices in the Game. All rights not expressly granted herein are reserved by SABER INTERACTIVE INC.
D. Access. You must provide at your own expense the equipment, Internet connections or devices and/or service plans to access and use this Game. SABER INTERACTIVE INC does not guarantee that this Game can be accessed on all devices or service plans. SABER INTERACTIVE INC does not guarantee that this Game is available in all geographic locations. You acknowledge that when you use this Game, your provider may charge you fees for data and/or other Internet access. Check with your provider to see if there are any such fees that apply to you. YOU ARE SOLELY RESPONSIBLE FOR ANY COSTS YOU INCUR TO ACCESS THIS GAME FROM YOUR DEVICE.
E. Application Updates. You agree that the Game may automatically download and install updates, upgrades and additional features that SABER INTERACTIVE INC deems reasonable, beneficial to you and/or reasonably necessary. You acknowledge and agree that any obligation SABER INTERACTIVE INC may have to support the previous version(s) may be ended upon the availability of the update, upgrade and/or implementation of additional features. This License shall apply to any updates, upgrades and/or additional features that are not distributed under a separate license or other agreement.
2. Consent to Use of Data.
To facilitate product support, product development and improvement as well as provide other services to you, you agree that SABER INTERACTIVE INC may use analytic technologies to collect, use, store and transmit technical information (such as type of your device, User ID, username, IP address, geo-location, operating system limited to what is needed for the Game to work) and gameplay related information which results from your experience with the Game.
SABER INTERACTIVE INC operates in several countries. Personal information collected from or submitted by you through the Game may be transferred to and stored on servers and equipment located in a destination outside your country of residence. The servers and equipment on which your data is stored and processed may be owned and operated by third parties with whom SABER INTERACTIVE INC has contracted to receive, store and process your personal information. In addition, SABER INTERACTIVE INC and those third parties that it has designated may further transfer, store and process your personal information on servers and equipment located in other countries. You should be aware that the data protection laws of other countries may not be the same as the data protection laws of your country of residence. By submitting your personal information through a game, you agree to the transfer, storage, and processing of your personal information as described in this section.
3. Consent to Public Display of Data. If you participate in online services, such as online play or the downloading and uploading of content, SABER INTERACTIVE INC may collect, use, store, transmit and publicly display statistical data regarding game play (including scores, rankings, and achievements).
4. Termination. This License is effective until terminated. Your rights under this License will terminate immediately and automatically without any notice from SABER INTERACTIVE INC if you fail to comply with any of the terms and conditions of this License. Promptly upon termination, you must cease all use of the Game and destroy all copies of the Game in your possession or control. Termination will not limit any of SABER INTERACTIVE INC’ other rights or remedies at law or in equity. Sections 1(E), 2 through 10, and any Supplemental Terms of this License shall survive termination or expiration of this License for any reason.
5. Disclaimer of Warranties. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE GAME IS PROVIDED TO YOU “AS IS,” WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. SABER INTERACTIVE INC AND SABER INTERACTIVE INC’ LICENSORS (COLLECTIVELY “SABER INTERACTIVE INC” FOR PURPOSES OF THIS SECTION AND SECTION 6) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. SABER INTERACTIVE INC DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE GAME; THAT THE GAME WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE GAME WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE GAME WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER APPLICATION; THAT ANY ERRORS IN THE GAME WILL BE CORRECTED; OR THAT THE GAME WILL BE AVAILABLE FOR REINSTALLS TO THE SAME OR MULTIPLE DEVICES. NO ORAL OR WRITTEN ADVICE PROVIDED BY SABER INTERACTIVE INC OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
6. Limitation of Liability. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL SABER INTERACTIVE INC BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION OR ANY OTHER FORM OF DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS LICENSE OR THE GAME, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE, WHETHER OR NOT SABER INTERACTIVE INC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SOME JURISDICTIONS DO NOT ALLOW A LIMITATION OF LIABILITY FOR DEATH, PERSONAL INJURY, FRAUDULENT MISREPRESENTATIONS OR CERTAIN INTENTIONAL OR NEGLIGENT ACTS, OR VIOLATION OF SPECIFIC STATUTES, OR THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. In no event shall SABER INTERACTIVE INC’ total liability to you for all damages (except as required by applicable law) exceed the amount actually paid by you for the Game.
7. Limitation of Liability and Disclaimer of Warranties are Material Terms of this License. You agree that the provisions in this License that limit liability are essential terms of this License.
8. Severability and Survival. If any provision of this License is illegal or unenforceable under applicable law, the remainder of the provision shall be amended to achieve as closely as possible the effect of the original term and all other provisions of this License shall continue in full force and effect.
9. Governing Law. The laws of the State of Florida govern this License and/or your use of the Game.
10. Entire Agreement. This License constitutes the entire agreement between you and SABER INTERACTIVE INC with respect to the Game and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless made in writing and signed by SABER INTERACTIVE INC.