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Kiteboarding Pro
[END USER LICENSE AGREEMENT]
v. 1 24.09.2021
Sideways GameStudio would like to thank you for getting Kiteboarding Pro. We hope you enjoy the experience. But before you get started, we need to make some matters clear. When you paid for Kiteboarding Pro you did not actually buy the game. What you bought was a license to use the software that comprises the game and its related materials. And that license is subject to the terms of this EULA. This EULA is a binding contract between you and Sideways GameStudio and its licensors, licensees and suppliers.
We know you want to get the game installed and start playing it. But, please take the time to read through this agreement first because BY INSTALLING KITEBOARDING PRO YOU ARE ACKNOWLEDGING THAT YOU HAVE READ THIS EULA, AGREE TO ITS TERMS AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS, PROMPTLY DISCONTINUE THE INSTALLATION PROCESS AND CEASE ANY AND ALL USE OF THIS SOFTWARE.
1. Limited Use License
Kiteboarding Pro software and any files that are provided with it by digital distribution or on tangible media, as well as any printed materials, patches or updates, (collectively referred to as “KBP”) contains copyrighted material, trade secrets and other proprietary material of Sideways GameStudio and its licensors, licensees and suppliers. KBP is licensed to you for your use. This license is a non exclusive limited license to install and use KBP for yourself. Your continuing license to use KBP is conditioned on your compliance with this EULA. If you violate any of the terms of this EULA, all of your right to use KBP will immediately end, without any further notification from Sideways GameStudio or anyone else. Once your license is terminated, you will be obliged to immediately uninstall KBP and all of its components.
2. Permitted User Modifications and New Creations
You agree that any new creations or materials that you make for KBP (collectively referred to as “Mods”) are subject to the following restrictions:
$ Your Mods must only work with the full, registered copy of KBP, not independently or with any other software.
$ Your Mods must not contain modifications to any executable file(s).
$ Your Mods must not contain any sexually explicit, harmful, threatening, abusive, defamatory, obscene, hateful, racially or ethnically offensive imagery or libelous, defamatory, or other illegal material, material that is scandalous or invades the rights of privacy or publicity of any third party.
$ Your Mods must not contain, or be used in conjunction with, any trademarks, copyright protected work, or other recognizable property of third parties without their written authority.
$ Your Mods must not be used by you, or anyone else, for any commercial exploitation including, but not limited to in-game advertising, other advertising or marketing for any company, product or service.
$ While we encourage folks to make Mods, Mods will not be supported by Sideways GameStudio and its licensors, licensees or suppliers, and if distributed pursuant to this license your Mods must include a statement to that effect.
$ Your Mods must be distributed for free, period. Neither you, nor any other person or party, may sell them to anyone, commercially exploit them in any way, or charge anyone for receiving or using them without prior written consent from Sideways GameStudio. You may exchange them at no charge among other end users and distribute them to others over the Internet, on magazine cover disks, or otherwise for free.
$ The prohibitions and restrictions in this section apply to anyone in possession of KBP or any Mods.
3. Commercial Exploitation.
You may not use KBP, or any Mods created for or from KBP or any other tools provided with this KBP, for any commercial purposes without the prior written consent of Sideways GameStudio or its authorized licensees including, but not limited to, the following rules: 1. If you are the proprietor of an Internet café or gaming room, you may operate the KBP in a “pay for play” environment provided that all computers used have validly licensed KBP installed, such KBP having been properly purchased through one of our licensees. 2. You may not, without prior written consent from Sideways GameStudio, operate the KBP in any gaming contest where (a) the cash value of all winnings and prizes paid throughout the entire competition is equal to or greater than US$10,000.00 or (b) the name of the event, or any individual contest therein, incorporates or approximates the name of a company, product or commercial service or (c) any company has provided, whether donated or as sponsorship any prizes, products or services worth with a fair market value of over US$20,000.00.
4. Restrictions on Use
Just to make sure you understand what you can and can not do with KBP, here is a list of restrictions to your use of KBP under this EULA:
$ You may not decompile, modify, reverse engineer, publicly display, prepare derivative works based on KBP, disassemble or otherwise reproduce KBP.
$ Except as set forth herein, you may not rent, sell, lease, barter, sublicense or distribute KBP. You may not delete the copyright notices or any other proprietary legends on the original copy of KBP.
$ You may not offer KBP on a pay per play basis or otherwise commercially exploit KBP or use KBP for any commercial purpose except as described in this agreement.
$ You may not electronically transmit KBP from one computer to another or over a network except as described in this agreement..
5. Export Controls
You may not ship or export KBP to any country other than where you bought it, in violation of the U.S. Export Administration Act (or any other law governing such matters) and you will not utilize and will not authorize anyone to utilize KBP in violation of any applicable law. KBP may not be downloaded or otherwise exported into (or to a national or resident of) any country to which the U.S. has embargoed goods or to anyone or into any country who/which are prohibited by applicable law, from receiving it.
6. Copyright.
KBP and all copyrights, trademarks and all other conceivable intellectual property rights related to the KBP are owned by Sideways GameStudioor its licensors, licensees or suppliers and are protected by Swedish copyrights laws, international treaty provisions, and all applicable laws. KBP must be treated like any other copyrighted material. Please do not make unauthorized copies. KBP was created through the efforts of many people who earn their livelihood from its lawful use. Please don’t make copies for others who have not paid for the right to use it. To report copyright violations to the Software Publishers Association, call 1 800 388 PIR8 or write: Software Publishers Association, 1101 Connecticut Ave., Suite 901, Washington, D.C. 20036.
7. Disclaimer of Warranty
You are aware and agree that use of KBP and the media on which it is recorded, if any, is at your sole risk. KBP is provided “AS IS.” SIDEWAYS GAMESTUDIO EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR ANY OF OUR AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
8. Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING WILLFUL ACTS OR NEGLIGENCE, SHALL SIDEWAYS GAMESTUDIO OR ANY OF ITS OFFICERS, EMPLOYEES, DIRECTORS, AGENTS, LICENSORS, LICENSEES, SUBLICENSEE, SUPPLIERS OR ASSIGNS BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SOFTWARE OR RELATED DOCUMENTATION, EVEN IF SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. THERE WILL BE NO LIABILITY FOR ANY PERSONAL INJURY, EVEN SELF INFLICTED INJURY, OR FOR ANY INTENTIONAL TORT COMMITTED BY YOU OR ANY OTHER PERSON WHO PLAYS OR OBSERVES SOMEONE ELSE PLAYING KF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. In no event shall our total liability to you for all damages, losses, and causes of action (whether in contract, tort or otherwise) exceed the amount paid by you for KBP.
9. Controlling Law and Severability.
This license is governed by and construed in accordance with the laws of the State of Georgia, USA, and Sweden. Exclusive venue for all litigation shall be in Fulton County, Georgia. If any provision of this EULA is determined to be unenforceable by a court or other tribunal of competent jurisdiction, such provision will be enforced to the maximum extent permissible and the remaining portions of this EULA will remain in full force and effect.
10. Complete Agreement.
This EULA constitutes the entire agreement between the parties with respect to the use of KBP, Mods and other related materials and software. Sideways GameStudio reserves the right to modify the terms of this EULA from time to time and will post notice of material changes somewhere within playkiteboardingpro.com
11. Acceptance of Terms
By selecting the “I Agree” choice during the install and installing KBP, you agree to all of the terms of this EULA. That's right, all of it. Now get on with the installation and enjoy KBP...we hope you enjoy playing KBP as much as we enjoyed making it for you.
[END USER LICENSE AGREEMENT]
v. 1 24.09.2021
Sideways GameStudio would like to thank you for getting Kiteboarding Pro. We hope you enjoy the experience. But before you get started, we need to make some matters clear. When you paid for Kiteboarding Pro you did not actually buy the game. What you bought was a license to use the software that comprises the game and its related materials. And that license is subject to the terms of this EULA. This EULA is a binding contract between you and Sideways GameStudio and its licensors, licensees and suppliers.
We know you want to get the game installed and start playing it. But, please take the time to read through this agreement first because BY INSTALLING KITEBOARDING PRO YOU ARE ACKNOWLEDGING THAT YOU HAVE READ THIS EULA, AGREE TO ITS TERMS AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS, PROMPTLY DISCONTINUE THE INSTALLATION PROCESS AND CEASE ANY AND ALL USE OF THIS SOFTWARE.
1. Limited Use License
Kiteboarding Pro software and any files that are provided with it by digital distribution or on tangible media, as well as any printed materials, patches or updates, (collectively referred to as “KBP”) contains copyrighted material, trade secrets and other proprietary material of Sideways GameStudio and its licensors, licensees and suppliers. KBP is licensed to you for your use. This license is a non exclusive limited license to install and use KBP for yourself. Your continuing license to use KBP is conditioned on your compliance with this EULA. If you violate any of the terms of this EULA, all of your right to use KBP will immediately end, without any further notification from Sideways GameStudio or anyone else. Once your license is terminated, you will be obliged to immediately uninstall KBP and all of its components.
2. Permitted User Modifications and New Creations
You agree that any new creations or materials that you make for KBP (collectively referred to as “Mods”) are subject to the following restrictions:
$ Your Mods must only work with the full, registered copy of KBP, not independently or with any other software.
$ Your Mods must not contain modifications to any executable file(s).
$ Your Mods must not contain any sexually explicit, harmful, threatening, abusive, defamatory, obscene, hateful, racially or ethnically offensive imagery or libelous, defamatory, or other illegal material, material that is scandalous or invades the rights of privacy or publicity of any third party.
$ Your Mods must not contain, or be used in conjunction with, any trademarks, copyright protected work, or other recognizable property of third parties without their written authority.
$ Your Mods must not be used by you, or anyone else, for any commercial exploitation including, but not limited to in-game advertising, other advertising or marketing for any company, product or service.
$ While we encourage folks to make Mods, Mods will not be supported by Sideways GameStudio and its licensors, licensees or suppliers, and if distributed pursuant to this license your Mods must include a statement to that effect.
$ Your Mods must be distributed for free, period. Neither you, nor any other person or party, may sell them to anyone, commercially exploit them in any way, or charge anyone for receiving or using them without prior written consent from Sideways GameStudio. You may exchange them at no charge among other end users and distribute them to others over the Internet, on magazine cover disks, or otherwise for free.
$ The prohibitions and restrictions in this section apply to anyone in possession of KBP or any Mods.
3. Commercial Exploitation.
You may not use KBP, or any Mods created for or from KBP or any other tools provided with this KBP, for any commercial purposes without the prior written consent of Sideways GameStudio or its authorized licensees including, but not limited to, the following rules: 1. If you are the proprietor of an Internet café or gaming room, you may operate the KBP in a “pay for play” environment provided that all computers used have validly licensed KBP installed, such KBP having been properly purchased through one of our licensees. 2. You may not, without prior written consent from Sideways GameStudio, operate the KBP in any gaming contest where (a) the cash value of all winnings and prizes paid throughout the entire competition is equal to or greater than US$10,000.00 or (b) the name of the event, or any individual contest therein, incorporates or approximates the name of a company, product or commercial service or (c) any company has provided, whether donated or as sponsorship any prizes, products or services worth with a fair market value of over US$20,000.00.
4. Restrictions on Use
Just to make sure you understand what you can and can not do with KBP, here is a list of restrictions to your use of KBP under this EULA:
$ You may not decompile, modify, reverse engineer, publicly display, prepare derivative works based on KBP, disassemble or otherwise reproduce KBP.
$ Except as set forth herein, you may not rent, sell, lease, barter, sublicense or distribute KBP. You may not delete the copyright notices or any other proprietary legends on the original copy of KBP.
$ You may not offer KBP on a pay per play basis or otherwise commercially exploit KBP or use KBP for any commercial purpose except as described in this agreement.
$ You may not electronically transmit KBP from one computer to another or over a network except as described in this agreement..
5. Export Controls
You may not ship or export KBP to any country other than where you bought it, in violation of the U.S. Export Administration Act (or any other law governing such matters) and you will not utilize and will not authorize anyone to utilize KBP in violation of any applicable law. KBP may not be downloaded or otherwise exported into (or to a national or resident of) any country to which the U.S. has embargoed goods or to anyone or into any country who/which are prohibited by applicable law, from receiving it.
6. Copyright.
KBP and all copyrights, trademarks and all other conceivable intellectual property rights related to the KBP are owned by Sideways GameStudioor its licensors, licensees or suppliers and are protected by Swedish copyrights laws, international treaty provisions, and all applicable laws. KBP must be treated like any other copyrighted material. Please do not make unauthorized copies. KBP was created through the efforts of many people who earn their livelihood from its lawful use. Please don’t make copies for others who have not paid for the right to use it. To report copyright violations to the Software Publishers Association, call 1 800 388 PIR8 or write: Software Publishers Association, 1101 Connecticut Ave., Suite 901, Washington, D.C. 20036.
7. Disclaimer of Warranty
You are aware and agree that use of KBP and the media on which it is recorded, if any, is at your sole risk. KBP is provided “AS IS.” SIDEWAYS GAMESTUDIO EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR ANY OF OUR AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
8. Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING WILLFUL ACTS OR NEGLIGENCE, SHALL SIDEWAYS GAMESTUDIO OR ANY OF ITS OFFICERS, EMPLOYEES, DIRECTORS, AGENTS, LICENSORS, LICENSEES, SUBLICENSEE, SUPPLIERS OR ASSIGNS BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SOFTWARE OR RELATED DOCUMENTATION, EVEN IF SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. THERE WILL BE NO LIABILITY FOR ANY PERSONAL INJURY, EVEN SELF INFLICTED INJURY, OR FOR ANY INTENTIONAL TORT COMMITTED BY YOU OR ANY OTHER PERSON WHO PLAYS OR OBSERVES SOMEONE ELSE PLAYING KF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. In no event shall our total liability to you for all damages, losses, and causes of action (whether in contract, tort or otherwise) exceed the amount paid by you for KBP.
9. Controlling Law and Severability.
This license is governed by and construed in accordance with the laws of the State of Georgia, USA, and Sweden. Exclusive venue for all litigation shall be in Fulton County, Georgia. If any provision of this EULA is determined to be unenforceable by a court or other tribunal of competent jurisdiction, such provision will be enforced to the maximum extent permissible and the remaining portions of this EULA will remain in full force and effect.
10. Complete Agreement.
This EULA constitutes the entire agreement between the parties with respect to the use of KBP, Mods and other related materials and software. Sideways GameStudio reserves the right to modify the terms of this EULA from time to time and will post notice of material changes somewhere within playkiteboardingpro.com
11. Acceptance of Terms
By selecting the “I Agree” choice during the install and installing KBP, you agree to all of the terms of this EULA. That's right, all of it. Now get on with the installation and enjoy KBP...we hope you enjoy playing KBP as much as we enjoyed making it for you.