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Please read this EULA carefully, as it sets out the basis upon which we license the Game for use.
By responding in the affirmative, by pressing the Y key, to the EULA agreement screen in the Nox Archaist software or otherwise running Nox Archaist, you agree to be bound by this EULA.
By agreeing to be bound by this EULA, you warrant to us that you are at least 18 years of age; if you are not, you must not use the Game.
WARNING: The light patterns in some video games may trigger epileptic seizures or blackouts in a very small number of individuals. If you have an epileptic condition, you should consult a medical professional before playing the Game. If you experience dizziness, muscle twitching, changes to vision, disorientation, seizures, convulsions and/or any involuntary movements while playing the Game, you should immediately stop playing and consult a medical professional.
NOW, THEREFORE, in consideration of the mutual covenants herein set forth, the parties agree as follows:
"DLC" means any downloadable or other supplemental content for the Game made available by the Licensor and purchased or otherwise lawfully acquired by the User;
"Documentation" means any documentation for the Game produced by the Licensor and supplied or made available by the Licensor to the User;
"Effective Date" means the date upon which the User accepts the terms of this EULA in accordance with the preamble to this EULA;
"EULA" means this end user license agreement, including any amendments to this end user license agreement from time to time;
"Game" means Nox Archaist, as modified, patched, updated and upgraded from time to time by or with the authorization of the Licensor, including any DLC. Game does not mean any Apple II Emulator, including but not limited to AppleWin, MicroM8, and Virtual ][.
"Game Unit" means a copy of the Game and associated Physical Materials, if any;
"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 6502 Workshop LLC, a company incorporated in Wisconsin, United States of America having a principle place of business in Appleton, WI;
"Permitted Hardware" means any desktop, laptop or tablet computer that is owned by and in the physical control of the User and meets the hardware and operating system requirements for the Game published by the Licensor;
"Physical Materials" means any and all physical items bundled with the
Game by Licensor;
"Software Updates" means a computer program provided to User to fix bugs, add features, or make other changes to Game;
"Term" means the term of this EULA, commencing in accordance with Section 3.1 and ending in accordance with Section 3.2; and
"User" means the person to whom the Licensor grants a right to use the Game under this EULA in accordance with the preamble to this EULA;
"We" means the Licensor;
"You" means the User.
(https://docular.net).
3.2 This EULA shall continue in force indefinitely, subject to termination in accordance with Section 10 or any other provision of this EULA.
(a) install a copy of the Game on the Permitted Hardware;
(b) install a copy of the Documentation on the Permitted Hardware; (c) use a single instance of the Game on the Permitted Hardware; (d) view the Documentation on the Permitted Hardware; and
(e) create, store and maintain up to 5 back up copies of the Game, for the private and domestic purposes of the User and subject to the limitations and exclusions set out and referred to in this Section 4.
4.2 The User may permit the family members and friends of the User to use the User's installation of the Game on the Permitted Hardware; providing that the User must not allow any other person or persons to use the Game.
4.3 Any license granted to the User under this Section 4 shall be subject to the following prohibitions:
(a) the User must not sell, resell, rent, lease, loan, license, sub-license, gift, supply, transfer, publish, distribute or redistribute the Game except that User may sell a reasonable number of Game Units purchased for personal use.
(b) the User must not make the Game available for download or access by others;
(c) the User must not modify, alter, edit, adapt or create derivative works of the Game; and
(d) the User must not import or export the Game, or otherwise use the Game, in contravention of any applicable laws, save to the extent expressly permitted by this EULA or permitted by applicable law on a non-excludable basis. The prohibitions in this Section 4.3 relating to the Game shall apply equally to the Documentation and Physical Materials.
5.2 Save to the extent expressly provided otherwise in this EULA, all the Intellectual Property Rights and other rights in:
(a) the Game, Documentation, and Physical Materials; (b) the works and materials comprised in the Game; and (c) any other software or services of the Licensor, are hereby reserved to the Licensor and its licensors.
6.2 Licensor is not obligated to provide support for Game, Documentation, Physical Materials, or Software Updates. However, Licensor may choose to provide such support from time to time.
(a) modify the Game in such a way that it no longer infringes the relevant Intellectual Property Rights; or
(b) procure for the User the right to use the Game in accordance with this EULA.
7.2 The User and Licensor mutually warrant that it has the legal right and authority to enter into this EULA and to perform its obligations under this EULA.
7.3 This EULA, and any schedules and exhibits hereto, constitute the entire agreement between the parties with respect to the subject matter hereof. This EULA supersedes, and the terms of this Agreement govern, any other prior or collateral agreements with respect to the subject matter hereof. No alteration, amendment, waiver, cancellation or any other change in any term or condition of this EULA shall be valid or binding on either party unless mutually assented to in writing by authorized representatives of both parties, except as provided in Section 12.3
7.4 Licensor is not obligated to provide replacement Game, Documentation, or Physical Materials due to loss by User or, in the case of Physical Materials, wear and tear.
8.2 The User acknowledges that complex software is never wholly free from defects, errors and bugs; and the Licensor gives no warranty or representation that the Game will be wholly free from defects, errors and bugs.
8.3 The User acknowledges that complex software is never entirely free from security vulnerabilities; and the Licensor gives no warranty or representation that the Game will be entirely secure.
(a) limit or exclude any liability for death or personal injury resulting from gross 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 any statutory rights you may have as a consumer will not be excluded or limited by this EULA, except to the extent permitted by law.
9.2 The limitations and exclusions of liability set out in this Section 8 and elsewhere in this EULA:
(a) are subject to Section 9.1; 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.
9.3 LICENSOR DISCLAIMS, AND EXCLUDE ALL WARRANTIES WITH RESPECT TO GAME, DOCUMENTATION AND PHYSICAL MATERIALS, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE LICENSOR GAME, DOCUMENTATION, AND PHYSICAL MATERIALS ARE PROVIDED “AS-IS” AND LICENSOR DOES NOT WARRANT THAT THE LICENSOR GAME, DOCUMENTATION, AND PHYSICAL MATERIALS WILL MEET
ANY OR ALL OF CUSTOMER’S NEEDS OR REQUIREMENTS, THAT THE GAME IS ERROR-FREE OR THAT ALL ERRORS IN THE GAME WILL BE CORRECTED OR THAT THE FUNCTIONALITY OF THE GAME WILL BE UNINTERRUPTED.
9.4 LICENSOR SHALL NOT BE LIABLE FOR SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR INDIRECT DAMAGES, RELATED TO THIS EULA, INCLUDING WITHOUT LIMITATION, LOSS OF OR DAMAGE TO PROFITS, INCOME, REVENUE, USE, PRODUCTION, ANTICIPATED SAVINGS, BUSINESS, CONTRACTS, COMMERCIAL OPPORTUNITIES, OR GOODWILL OR DAMAGES ARISING FROM LOSS OF USE, LOSS OF CONTENT OR LOSS OF DATA, REGARDLESS OF THE LEGAL THEORY ON WHICH SUCH DAMAGES MAY BE BASED, AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH
IN THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE.
9.5 IN NO EVENT SHALL LICENSEE’S LICENSORS BE LIABLE FOR ANY DIRECT DAMAGES.
9.6 Neither party hereto shall be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder (except for the payment of money) on account of, to the extent of, and only for the duration of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, earthquakes,
pandemics, telecommunications outages, acts of God, war, terrorism, governmental action, or any other cause that is beyond the reasonable control of such party.
9.5 Our aggregate liability to you in respect of this EULA shall not exceed the greater of:
(a) $100 (USD); and
(b) the total amount paid and payable to us under this EULA.
11.2 Except to the extent that this EULA expressly provides otherwise, the termination of this EULA shall not affect the accrued rights of either party.
11.3 For the avoidance of doubt, all licenses granted to the User under this EULA shall terminate upon the termination of this EULA. Accordingly, the User must immediately cease to use the Game and all other works and materials
licensed to the User under this EULA upon the termination of this EULA.
11.4 Within 2 days following the date of effective termination of this EULA, the User must irreversibly delete or destroy all copies of the Game and all copies of all other works and materials licensed to the User under this EULA in the possession or control of the User.
12.2 The illegality, invalidity or unenforceability of any part of this Agreement shall not in any way diminish the validity or enforceability of the remainder of this Agreement.
12.3 The Licensor may vary this EULA by updating the version of this EULA published on its website. The continued use of the Game by the User following any such variation constitutes the acceptance by the User of that variation.
12.4 The User hereby agrees that the Licensor may assign the Licensor's contractual rights and obligations under this EULA to any third party - providing that such action does not serve to reduce the guarantees benefiting the User under this EULA. 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, except except as provided in Section 4.3 (a).
12.5 This EULA is made for the benefit of the parties, and is not intended to benefit any third party or be enforcefable 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.
12.6 Subject to Section 9.1, 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.
12.7 This EULA is governed by the laws of the State of Wisconsin, exclusive of its choice of law principles, and the laws of the United States of America, as
applicable. The Agreement shall not be governed by the United Nations
Convention on the International Sale of Goods.
12.8 Exclusive venue for all disputes arising out of the Agreement shall be in the state or federal courts in Outagamie County, Wisconsin. You and we waive all objections to this venue and agree not to dispute personal jurisdiction or venue in these courts. Each of us agrees that we will not bring a claim under the Agreement more than one year after the time that the claim accrued.
12.9 All notices and demands shall be sent by email, to the email address specified below, and shall be deemed complete upon receipt.
Licensor: legal@6502workshop.com
User: the email address provided by User when purchasing Game Unit
By responding in the affirmative, by pressing the Y key, to the EULA agreement screen in the Nox Archaist software or otherwise running Nox Archaist, you agree to be bound by this EULA.
By agreeing to be bound by this EULA, you warrant to us that you are at least 18 years of age; if you are not, you must not use the Game.
WARNING: The light patterns in some video games may trigger epileptic seizures or blackouts in a very small number of individuals. If you have an epileptic condition, you should consult a medical professional before playing the Game. If you experience dizziness, muscle twitching, changes to vision, disorientation, seizures, convulsions and/or any involuntary movements while playing the Game, you should immediately stop playing and consult a medical professional.
NOW, THEREFORE, in consideration of the mutual covenants herein set forth, the parties agree as follows:
1. Definitions
1.1 In this EULA, except to the extent expressly provided otherwise:"DLC" means any downloadable or other supplemental content for the Game made available by the Licensor and purchased or otherwise lawfully acquired by the User;
"Documentation" means any documentation for the Game produced by the Licensor and supplied or made available by the Licensor to the User;
"Effective Date" means the date upon which the User accepts the terms of this EULA in accordance with the preamble to this EULA;
"EULA" means this end user license agreement, including any amendments to this end user license agreement from time to time;
"Game" means Nox Archaist, as modified, patched, updated and upgraded from time to time by or with the authorization of the Licensor, including any DLC. Game does not mean any Apple II Emulator, including but not limited to AppleWin, MicroM8, and Virtual ][.
"Game Unit" means a copy of the Game and associated Physical Materials, if any;
"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 6502 Workshop LLC, a company incorporated in Wisconsin, United States of America having a principle place of business in Appleton, WI;
"Permitted Hardware" means any desktop, laptop or tablet computer that is owned by and in the physical control of the User and meets the hardware and operating system requirements for the Game published by the Licensor;
"Physical Materials" means any and all physical items bundled with the
Game by Licensor;
"Software Updates" means a computer program provided to User to fix bugs, add features, or make other changes to Game;
"Term" means the term of this EULA, commencing in accordance with Section 3.1 and ending in accordance with Section 3.2; and
"User" means the person to whom the Licensor grants a right to use the Game under this EULA in accordance with the preamble to this EULA;
"We" means the Licensor;
"You" means the User.
2. Credit
2.1 This document is based on a template provided by Docular(https://docular.net).
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 Section 10 or any other provision of this EULA.
4. License
4.1 The Licensor hereby grants to the User from the date of supply of the Game to the User until the end of the Term a worldwide, non-exclusive, non- transferable license to:(a) install a copy of the Game on the Permitted Hardware;
(b) install a copy of the Documentation on the Permitted Hardware; (c) use a single instance of the Game on the Permitted Hardware; (d) view the Documentation on the Permitted Hardware; and
(e) create, store and maintain up to 5 back up copies of the Game, for the private and domestic purposes of the User and subject to the limitations and exclusions set out and referred to in this Section 4.
4.2 The User may permit the family members and friends of the User to use the User's installation of the Game on the Permitted Hardware; providing that the User must not allow any other person or persons to use the Game.
4.3 Any license granted to the User under this Section 4 shall be subject to the following prohibitions:
(a) the User must not sell, resell, rent, lease, loan, license, sub-license, gift, supply, transfer, publish, distribute or redistribute the Game except that User may sell a reasonable number of Game Units purchased for personal use.
(b) the User must not make the Game available for download or access by others;
(c) the User must not modify, alter, edit, adapt or create derivative works of the Game; and
(d) the User must not import or export the Game, or otherwise use the Game, in contravention of any applicable laws, save to the extent expressly permitted by this EULA or permitted by applicable law on a non-excludable basis. The prohibitions in this Section 4.3 relating to the Game shall apply equally to the Documentation and Physical Materials.
5. Intellectual Property Rights
5.1 Nothing in this EULA shall constitute an assignment or transfer of any Intellectual Property Rights of the Licensor.5.2 Save to the extent expressly provided otherwise in this EULA, all the Intellectual Property Rights and other rights in:
(a) the Game, Documentation, and Physical Materials; (b) the works and materials comprised in the Game; and (c) any other software or services of the Licensor, are hereby reserved to the Licensor and its licensors.
6. Software Updates & Support
6.1 Licensor is not obligated to provide Software Updates. However, Licensor may choose to provide Software Updates from time to time.6.2 Licensor is not obligated to provide support for Game, Documentation, Physical Materials, or Software Updates. However, Licensor may choose to provide such support from time to time.
7. Warranties
7.1 If the Licensor reasonably determines, or any third party alleges, that the use of the Game by the User in accordance with this EULA infringes any person's Intellectual Property Rights, the Licensor may acting reasonably at its own cost and expense:(a) modify the Game in such a way that it no longer infringes the relevant Intellectual Property Rights; or
(b) procure for the User the right to use the Game in accordance with this EULA.
7.2 The User and Licensor mutually warrant that it has the legal right and authority to enter into this EULA and to perform its obligations under this EULA.
7.3 This EULA, and any schedules and exhibits hereto, constitute the entire agreement between the parties with respect to the subject matter hereof. This EULA supersedes, and the terms of this Agreement govern, any other prior or collateral agreements with respect to the subject matter hereof. No alteration, amendment, waiver, cancellation or any other change in any term or condition of this EULA shall be valid or binding on either party unless mutually assented to in writing by authorized representatives of both parties, except as provided in Section 12.3
7.4 Licensor is not obligated to provide replacement Game, Documentation, or Physical Materials due to loss by User or, in the case of Physical Materials, wear and tear.
8. Acknowledgements and Warranty Limitations
8.1 The User acknowledges that the use of the Game will require computer hardware and software meeting the requirements specified by the Licensor. The User further acknowledges that, as the Game is updated, those requirements may change and, accordingly, updated versions of the Game may cease to function on the hardware of the User.8.2 The User acknowledges that complex software is never wholly free from defects, errors and bugs; and the Licensor gives no warranty or representation that the Game will be wholly free from defects, errors and bugs.
8.3 The User acknowledges that complex software is never entirely free from security vulnerabilities; and the Licensor gives no warranty or representation that the Game will be entirely secure.
9. Limitations and Exclusions of Liability
9.1 Nothing in this EULA will:(a) limit or exclude any liability for death or personal injury resulting from gross 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 any statutory rights you may have as a consumer will not be excluded or limited by this EULA, except to the extent permitted by law.
9.2 The limitations and exclusions of liability set out in this Section 8 and elsewhere in this EULA:
(a) are subject to Section 9.1; 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.
9.3 LICENSOR DISCLAIMS, AND EXCLUDE ALL WARRANTIES WITH RESPECT TO GAME, DOCUMENTATION AND PHYSICAL MATERIALS, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE LICENSOR GAME, DOCUMENTATION, AND PHYSICAL MATERIALS ARE PROVIDED “AS-IS” AND LICENSOR DOES NOT WARRANT THAT THE LICENSOR GAME, DOCUMENTATION, AND PHYSICAL MATERIALS WILL MEET
ANY OR ALL OF CUSTOMER’S NEEDS OR REQUIREMENTS, THAT THE GAME IS ERROR-FREE OR THAT ALL ERRORS IN THE GAME WILL BE CORRECTED OR THAT THE FUNCTIONALITY OF THE GAME WILL BE UNINTERRUPTED.
9.4 LICENSOR SHALL NOT BE LIABLE FOR SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR INDIRECT DAMAGES, RELATED TO THIS EULA, INCLUDING WITHOUT LIMITATION, LOSS OF OR DAMAGE TO PROFITS, INCOME, REVENUE, USE, PRODUCTION, ANTICIPATED SAVINGS, BUSINESS, CONTRACTS, COMMERCIAL OPPORTUNITIES, OR GOODWILL OR DAMAGES ARISING FROM LOSS OF USE, LOSS OF CONTENT OR LOSS OF DATA, REGARDLESS OF THE LEGAL THEORY ON WHICH SUCH DAMAGES MAY BE BASED, AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH
IN THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE.
9.5 IN NO EVENT SHALL LICENSEE’S LICENSORS BE LIABLE FOR ANY DIRECT DAMAGES.
9.6 Neither party hereto shall be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder (except for the payment of money) on account of, to the extent of, and only for the duration of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, earthquakes,
pandemics, telecommunications outages, acts of God, war, terrorism, governmental action, or any other cause that is beyond the reasonable control of such party.
9.5 Our aggregate liability to you in respect of this EULA shall not exceed the greater of:
(a) $100 (USD); and
(b) the total amount paid and payable to us under this EULA.
10. Termination
10.1 This EULA shall immediately and automatically terminate if the User commits any breach of this EULA.11. Effects of Termination
11.1 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): Sections 1, 9, 11 and 12.11.2 Except to the extent that this EULA expressly provides otherwise, the termination of this EULA shall not affect the accrued rights of either party.
11.3 For the avoidance of doubt, all licenses granted to the User under this EULA shall terminate upon the termination of this EULA. Accordingly, the User must immediately cease to use the Game and all other works and materials
licensed to the User under this EULA upon the termination of this EULA.
11.4 Within 2 days following the date of effective termination of this EULA, the User must irreversibly delete or destroy all copies of the Game and all copies of all other works and materials licensed to the User under this EULA in the possession or control of the User.
12. General
12.1 No breach of any provision of this EULA shall be waived except with the express written consent of the party not in breach.12.2 The illegality, invalidity or unenforceability of any part of this Agreement shall not in any way diminish the validity or enforceability of the remainder of this Agreement.
12.3 The Licensor may vary this EULA by updating the version of this EULA published on its website. The continued use of the Game by the User following any such variation constitutes the acceptance by the User of that variation.
12.4 The User hereby agrees that the Licensor may assign the Licensor's contractual rights and obligations under this EULA to any third party - providing that such action does not serve to reduce the guarantees benefiting the User under this EULA. 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, except except as provided in Section 4.3 (a).
12.5 This EULA is made for the benefit of the parties, and is not intended to benefit any third party or be enforcefable 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.
12.6 Subject to Section 9.1, 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.
12.7 This EULA is governed by the laws of the State of Wisconsin, exclusive of its choice of law principles, and the laws of the United States of America, as
applicable. The Agreement shall not be governed by the United Nations
Convention on the International Sale of Goods.
12.8 Exclusive venue for all disputes arising out of the Agreement shall be in the state or federal courts in Outagamie County, Wisconsin. You and we waive all objections to this venue and agree not to dispute personal jurisdiction or venue in these courts. Each of us agrees that we will not bring a claim under the Agreement more than one year after the time that the claim accrued.
12.9 All notices and demands shall be sent by email, to the email address specified below, and shall be deemed complete upon receipt.
Licensor: legal@6502workshop.com
User: the email address provided by User when purchasing Game Unit