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Optical Purge Studios, LLC
License Agreement
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License Agreement
PLEASE READ THE FOLLOWING END USER LICENSE AGREEMENT (“AGREEMENT”) BEFORE INSTALLING THROUGH HELL TO HEAVEN (THE “GAME SOFTWARE”). BY INSTALLING, COPYING, AND/OR OTHERWISE USING THE GAME SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT AS SET FORTH BY OPTICAL PURGE STUDIOS, LLC D/B/A OPS (REFERRED TO HEREUNDER AS "OPS", "WE," "OUR" OR "US").
YOUR USE OF THE GAME SOFTWARE IS ALSO SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN THE STEAM™ SUBSCRIBER AGREEMENT AND/OR ANY OTHER TERMS SET FORTH BY VALVE CORPORATION IN RELATION TO THE STEAM SERVICE.

IF YOU AGREE TO THE TERMS SET FORTH IN THIS AGREEMENT, select “I ACCEPT” to install the Game Software and to indicate your acceptance of these terms and your understanding of the conditions of use of the Game Software.

IF YOU DO NOT AGREE TO THE TERMS SET FORTH IN THIS AGREEMENT, select “I DO NOT ACCEPT” and OPS shall not grant to you the License (defined below) to the Game Software.

LIMITED USE LICENSE

The term “Game Software” includes the software included in this video game, the associated media, any software associated with the online mode of the video game (subject to any additional terms of use applicable to such online mode), any printed materials, manuals, any online or electronic documentation, and any and all copies of such software and materials. OPS grants to you the non-exclusive, non-transferable, limited right and license to install and use one (1) copy of the Game Software on one (1) computer hard drive at any given time solely for your personal use (the “License”). All rights not specifically granted under this License are hereby reserved by OPS and, as applicable, by its licensors. The Game Software is licensed to you, not sold. This License does not give you any title or ownership in the Game Software, and should not be construed as a sale or transfer of any intellectual property or other rights to the Game Software.

OWNERSHIP

You agree and acknowledge that all title, ownership rights, and intellectual property rights connected with the Game Software and any and all copies thereof (including but not limited to any derivative works, titles, computer code, themes, objects, characters, character names, stories, dialogs, catch phrases, locations, concepts, artwork, graphics, animation, sounds, musical compositions, audio-visual effects, text, screen displays, methods of operation, moral rights, “applets” incorporated into the Game Software, and any related documentation) are owned by OPS or its licensors.

The Game Software is protected by the copyright laws of the United States, international copyright treaties and conventions, United States and common law trademark laws, and other laws. All rights are reserved worldwide. The Game Software contains certain materials licensed by OPS from others, OPS, and our licensors may protect their rights in the event of any violation of this Agreement.

LICENSE CONDITIONS AND RESTRICTIONS

You agree to only use the Game Software, or any part of it, in a manner that is consistent with this License and you SHALL NOT:

(a) without written permission from OPS, use, advertise or exploit in any manner the Game Software or any of its parts commercially, including but not limited to use at a cyber (Internet) café, computer gaming center or any other location-based site;

(b) without a separate, additional license from OPS, use the Game Software or permit the use of the Game Software, on more than one computer, game console, handheld device or PDA at the same time;

(c) use the Game Software, or permit use of the Game Software, in a network, multi-user arrangement or remote access arrangement, including any online use, except as otherwise explicitly permitted by OPS in writing;

(d) make copies of the Game Software or any part thereof, except that you may make one (1) copy of the Game Software for backup or archival purposes, or make copies of the materials accompanying the Game Software for non-commercial backup and reference only;

(e) sell, rent, lease, license, distribute, upload to any Internet server or web site, or otherwise transfer any portion of this Game Software or any copies without the express prior written consent of OPS. Notwithstanding the foregoing, you may permanently transfer all of your rights and obligations under the License to another person for non-commercial use by physically transferring the original Game Software media (e.g., the CD-ROM or DVD you purchased), all original packaging and all manuals or other documentation distributed with the Game Software; provided, however, that you permanently delete all copies and installations of the Game Software in your possession or control, and that the recipient agrees to the terms of this Agreement. You shall be solely responsible for any taxes, fees, duties, with-holdings, charges and assessments that may be due in connection with such transfer.

(f) reverse engineer, derive source code, modify, de-compile, disassemble, or create derivative works of the Game Software, in whole or in part (except as the applicable law expressly permits, in which case all and any lawful modifications, adaptations, improvements, etc., and all copyrights and morale rights therein, shall be deemed assigned to, and shall belong to, vest in and be the exclusive property of OPS and/or its licensors on creation, in any event);

(g) remove, disable or circumvent any security protections or any technical measures that control access to the Game Software;

(h) remove, modify, deface or circumvent any proprietary notices or labels contained on or within the Game Software;

(i) export or re-export the Game Software or any copy or adaptation in violation of any applicable laws or regulations; or

(j) create data or executable programs that mimic data or functionality in the Game Software.

Furthermore, you agree that you shall abide by the safety information, maintenance instructions or other relevant notices contained in the manual that is included with the Game Software.

GAME SOFTWARE UPDATES AND PATCHES

OPS may provide updates, patches and other modifications to the Game Software that must be installed for the user to continue to play the game properly or at all. OPS may update, patch or modify the Game Software remotely and access the Game Software residing on your machine for such purpose, and you hereby grant to OPS the right to deploy and apply such patches, updates and modifications. All provisions of this Agreement that refer to the “Game Software” shall also include all such patches, updates and modifications.

LIMITED WARRANTY

You are aware and agree that use of the Game Software and the media on which it is recorded is at your sole risk. OPS warrants to the original consumer purchaser of the Game Software that the recording medium on which the Game Software is recorded shall be free from defects in material and workmanship for a period of ninety (90) days from the original date of purchase (the “Limited Warranty”). If a defect covered by the Limited Warranty occurs during this ninety (90) day period, the defective Game Software shall be replaced by the retailer from which you purchased the Game Software, free of charge. Please retain the original or a photocopy of your dated sales receipt to establish the date of purchase for in-warranty replacement. For replacement, return the product, with its original packaging and receipt, to the retailer from which the software was originally purchased. In the event that you cannot obtain a replacement from the retailer, please contact OPS at opticalpurgestudiosllc@gmail.com.

THE FOREGOING IS YOUR SOLE AND EXCLUSIVE REMEDY FOR THE EXPRESS WARRANTY SET FORTH IN THIS SECTION.

This Limited Warranty does not apply if the defects have been caused by your negligence, accident, unreasonable use, modification, tampering, or any other causes not related to defective materials or manufacturing workmanship, and OPS and its licensors shall not be held liable for any damage, injury or loss if caused as a result of any of these reasons.

The provisions of this Limited Warranty are valid in the United States and Canada only.

OTHER THAN EXPRESSLY SET FORTH IN THIS AGREEMENT, THE GAME SOFTWARE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON INFRINGEMENT. NO ORAL OR WRITTEN ADVICE OR INFORMATION GIVEN BY OPS OR ANY OF ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS LIMITED WARRANTY.