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End-User License Agreement ("Agreement")

Last updated: 8.11.2021

Please read this End-User License Agreement ("Agreement") carefully before clicking the "I Agree" button, downloading or using Tape Recovery Simulator 96K ("Application").

The herein contained License Agreement ("License" or "EULA") shall be considered a legally binding agreement between You (as an individual or an entity, who then shall, within the constraints of this agreement, be referred to as "You" or "Your") and Finite Loop Software SRL registered with the Romanian National Trade Register Office under number 45101293, for the use of the specified software application of Tape Recovery Simulator 96K, which may include related printed material, media and any other components and/or software modules, including but not limited to required drivers ("Product"). Other aspects of the Product may also include, but are not limited to, software updates and any upgrades necessary that Finite Loop Software SRL may supply to You or make available to You, or that You could obtain after the initial copy of the Product, and as such that said items are not accompanied by a separate license agreement or terms of use.

BY WAY OF THE INSTALLATION, COPYING, DOWNLOADING, ACCESSING OR OTHERWISE USE OF THIS PRODUCT, YOU ARE AGREEING TO BE LEGALLY BOUND BY THE HEREIN CONTAINED TERMS OF THIS LICENSE AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS EULA, YOU THEN HAVE NO RIGHTS TO THE PRODUCT AND SHOULD THEREFORE NOT INSTALL, COPY, DOWNLOAD, ACCESS NOR USE THE PRODUCT.

This Product is hereby protected by copyright laws, as well as any other intellectual property laws. This Product is licensed and not sold.


License

Finite Loop Software SRL grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the Application solely for your personal, non-commercial purposes strictly in accordance with the terms of this Agreement. Furthermore, this EULA shall also govern any and all software upgrades provided by Finite Loop Software SRL that would replace, overwrite and/or supplement the original installed version of the Product, unless those other upgrades are covered under a separate license, at which those terms of that license will govern.

COPYRIGHT
The aforementioned Product is protected by copyright and other intellectual property laws and treaties, and as such all rights, title, and interest in and to the content offered, including but not limited to, any photographs, images, video animation, text, and music, that may be incorporated as part of the offered content. Such offered content is protected by copyright laws and international treaty provisions. Therefore, offered content must be treated as any other copyrighted material, with the exception that it is allowable for you to make copies as provided by the License. However, printed material, which may accompany any offered content, may not be copied.


Restrictions

You agree not to, and you will not permit others to:

(a) Make use of the offered content on more than one computer at a time, without prior purchase of additional licenses;

(b) You may not share, distribute, lend, lease, sublicense or otherwise make available, in any manner whatsoever, to any third party the offered content;

(c) Modify, adapt, create derivative works from or translate any part of the offered content other than what may be used within Your work in accordance with this License;

(d) Reverse engineer, decrypt, decompile or disassemble the offered content, nor attempt to locate or obtain its source code;

(e) Attempt to alter or remove any trademark, copyright or other proprietary notice contained within the offered content

(f) Make use of any offered content in any manner not stipulated within this EULA or the documentation accompanying the offered content.

(g) license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Application or make the Application available to any third party.

Nothing in this EULA shall give You, any other person or 3rd party any right to access or use the Source Code nor does it constitute any license of the Source Code Modifications to Application.

Finite Loop Software SRL reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to you.

Finite Loop Software SRL may find the need from time to time to make available to all license holders updates for the offered content, in accordance with the herein contained terms and conditions of this EULA. It shall be at the sole discretion of Finite Loop Software SRL to make conditional releases of said upgrade to you upon your acceptance of another EULA or execution of another separate agreement. Should you elect to install and make use of these updates, you are therefore agreeing to be subject to all applicable license, terms and conditions of this EULA and/or any other agreement available in any of the included components.

This EULA is not intended to benefit any third party or be enforceable by any third party. No rights of the parties are subject to the consent of any third party.

Nothing in this EULA shall operate to transfer or assign or any Intellectual Property Rights from the Finite Loop Systems SRL to You.

This application contains open source software covered by their own license agreements. Any terms that differ from this agreement are not offered by the initial developer or contributor of the open source components. Source code of the components are freely available on the world wide web.


DISCLAIMER OF WARRANTY
With regard and with relationship to the maximum extent permitted by applicable law, Finite Loop Software SRL, and, if applicable, related suppliers, shall provide the Product and any support services, if needed, related to the Product, and hereunto disclaim all warranties and conditions, either express, implied or statutory, which may include, but are not limited to, any implied warranties or conditions of merchantability, of suitability for a specified purpose, that it contains absolute accuracy or completeness of responses, of results, and of any lack of negligence or lack of workmanlike effort, all with respect to the Product, and the provision of or failure to provide Support Services.

FURTHERMORE, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, OR NON-INFRINGEMENT WITH REGARDS TO THE HEREIN CONTAINED PRODUCT. THE ENTIRE RISK AS TO THE QUALITY OF OR PERFORMANCE OF THE PRODUCT AND SUPPORT SERVICES, IF ANY, REST WITH YOU.

LIMITATION OF LIABILITY AND REMEDIES

In no event, whether in tort (including negligence), contract, or otherwise, shall Finite Loop Software SRL and/or any of the aforementioned suppliers, licensors any third parties covered under the herein contained provisions of this EULA, shall be liable to customer or any third parties under this agreement for any direct, indirect, general, special, incidental, punitive, or consequential damages, costs, losses or expense or any other commercial damages or losses (including but not limited to lost profits, loss or interruption of use, loss of data, loss of goodwill, work stoppage, damage to networks, equipment, or hardware, or the cost of procurement of substitute goods or technology).
Finite Loop Systems SRL does not screen any third-party content, library, technology
in use by Tape Recovery Simulator 96K. Finite Loop Systems SRL assumes no responsibility or liability for such third party content.
Your exclusive remedy with regards to all of the foregoing, shall hereby be limited to the amount actually paid by you for this Product. Therefore, the aforementioned limitations, exclusions and any disclaimers shall apply to the maximum extent allowable by law, even should any proposed remedy fail its essential purpose.

Term and Termination

This Agreement shall remain in effect until terminated by you or Finite Loop Software SRL
Finite Loop Software SRL may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.

This Agreement will terminate immediately, without prior notice from Finite Loop Software SRL in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies thereof from your mobile device or from your desktop.

Upon termination of this Agreement, you shall cease all use of the Application and delete all copies of the Application from your mobile device or from your desktop.

Severability

If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
If there is any waiver of any breach or failure to enforce any of the provisions contained herein, it shall not be deemed as a future waiver of said terms or a waiver of any other provision of this EULA. Any waiver, supplementation, modification or amendment to any provision of this EULA, shall only be effective when done so in writing and signed off by Finite Loop Systems SRL and you.

Amendments to this Agreement

Finite Loop Systems SRL reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

Contact Information

If you have any questions about this Agreement, please feel free to contact us using office@caffeinewithdrawalgames.com