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SOFTWARE END USER LICENSE AGREEMENT
YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THIS PRODUCT. BY CLICKING THE ACCEPTANCE BUTTON, INSTALLING THE SOFTWARE, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE BUTTON THAT INDICATES YOU DO NOT ACCEPT THE TERMS.
1. END USER LICENSE AGREEMENT.
This end-user license agreement (“EULA”) is a legal agreement between you (either an individual or a single entity), hereinafter sometimes referred to as “You,” “End User” or “Licensee,” and NILE RIVER SOFTWARE LLC (collectively, “Developer,” “Nile River Software,” or, alternatively, “Licensor” ) for the software product accompanying this EULA which includes video game related software and may include associated media, printed media, and on-line electronic documentation (collectively, “Software Product” or, alternatively, the “Game”). Any and all uses of the Software Product are governed by the terms of this EULA. If you do not agree to the terms of this EULA, you should not install, copy, download or use the Software Product and in which case you should contact your vendor regarding its return policy. If you are purchasing this Software Product from a third party distributor and do not agree, click “disagree/decline.” You agree that your use of the software acknowledges that you have read this agreement, understand it, and agree to be bound by its terms and conditions, and that you represent and warrant that you are an adult and are either accepting this EULA on behalf of yourself or on behalf of your child or ward, as the case may be. If the End User has not attained the age of majority, he/she is obliged to obtain the necessary permission in the form required by law from the parents or other legal representatives.
2. OWNERSHIP.
It is hereby understood and agreed that, as between you and Developer, Nile River Software is the owner of all right titles, ownership rights, intellectual property rights and interests in and to the Software Product and all copies thereof, regardless of the media or form of the original download, whether online, by disk, or otherwise. You, as Licensee, through your downloading, installing, copying, or use of this product do not acquire any ownership rights to the Software Product.
3. LICENSE GRANT.
a. Subject to your agreement to and continuing compliance with this EULA, Nile River Software hereby grants, and you hereby accept, a limited, non-exclusive, non-transferable End User license to: (1) install the Software Product on the local hard disk(s) or other permanent storage media of one computer, or, on one other game play device owned by you or under your legitimate control (each a “Unit”); and (2) use the Software Product on a single Unit at a time and for non-commercial entertainment purposes only. Licensee may physically transfer the Software Product between Units provided that it is used on only one Unit at any given time.
b. Except for the initial loading of the Software Product on a hard disk or other permanent storage media for archival/backup purposes, you shall not, without Nile River Software’s express written consent:
i. Copy or reproduce, auction, loan, rent, lease, sublicense, gift or transfer the Software Product;
ii. Electronically transfer the Software Product through a LAN (local area network) or file sharing network; or
iii. Modify, adapt, translate, reverse engineer, derive source code from, disassemble, decompile, or create derivative works based on the Software Product or any accompanying materials, except to the extent allowed under any applicable law or allowed by the rule of the Game.
Any use of the Software Product in violation of these limitations will be regarded as an infringement of Developer’s copyrights in and to the Software Product.
4. NO ASSIGNMENT; NO TRANSFER.
You agree not to transfer or assign the Software Product and/or this Agreement to another party without the prior written consent of Licensor. If such consent is given and you transfer or assign the Software Product and/or this Agreement, then you must at the same time either transfer any copies of the Software Product to the same product or destroy or return to Licensor any such materials not transferred. Except as set forth above, you may not transfer or assign the Software Product or rights under this Agreement.
5. TITLE.
This is a license agreement, and not an agreement for sale. Licensor retains ownership of and copyrights in the copy of the Software Product (including source code) and Documentation delivered to you and in all copies there of that you may be licensed to make under this EULA. The Software Product and Documentation are protected by U.S. copyright laws and other intellectual property laws and international treaty provisions. Licensor retains all rights not expressly granted to you in this Agreement.
6. TERM AND TERMINATION.
a. This License is effective until terminated. Licensee may terminate it at any time by destroying the Software Product with all copies, full or partial, and removing all of its component parts. Nile River Software may terminate this agreement at any time for any reason. Upon such termination, all licenses granted herein shall immediately terminate and you must immediately and permanently destroy all copies of the Game in your possession and control and remove the Software Product from your hard drive. The term of this EULA runs concurrently with the period during which the consumer uses and retains the Software Product. If the Software Product is transferred (to the extent allowed under this EULA), the license is transferred with it.
b. Your rights under this EULA will terminate automatically without notice from Developer, if you fail to comply with any term(s) or condition(s) of this EULA. In such event, no notice shall be required by Nile River Software to effect such termination.
c. Upon termination of this EULA, you shall cease all use of the Software Product and destroy all copies, full or partial, together with all backup copies, modifications, printed or written materials, and merged portions in any form and remove all component parts of the Software Product which have been downloaded onto your Unit.
7. GOVERNING LAW.
This EULA shall be governed by, subject to, and construed in accordance with, the substantive laws of the State of Illinois, without regard to its conflict of laws provisions. You expressly disclaim the applicability of, and waive any rights based upon, the Uniform Computer Information Transactions Act or the United Nations Convention on Contracts for the International Sale of Goods. In an Action arising out of or relating to this EULA, you consent to the exclusive jurisdiction of the federal and state courts located in the County of Cook, Illinois. The prevailing party in any such action shall be entitled to recover its reasonable attorney's fees and costs incurred in litigating or otherwise settling or resolving such action. YOU FURTHER AGREE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, TO WAIVE ANY RIGHT TO TRIAL BY JURY WITH RESPECT TO ANY CLAIM, COUNTERCLAIM OR ACTION ARISING FROM THE TERMS OF THIS EULA.
8. NO WARRANTY.
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE GAME IS PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Each Licensee is solely responsible for determining the appropriateness of using and distributing the Software Product and assumes all risks associated with its exercise of rights under this Agreement, including but not limited to the risks and costs of programs errors, compliance with applicable laws, damage to or loss of data, programs or equipment, and unavailability or interruption of operations.
9. LIMITATION OF REMEDIES.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY SHALL LICENSOR, LICENSEE, OR ITS SUPPLIERS OR RESELLERS, BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, BUSINESS INTERRUPTIONS, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL INABILITY TO USE THE PROGRAMS (WHETHER OR NOT DUE TO ANY DEFECTES THEREIN). IN NO EVENT WILL LICENSOR BE LIABLE FOR ANY DAMAGES EVEN IF LICENSOR SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE REASONABLY FORESEEABLE, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN NO EVENT SHALL LICENSOR’S LIABLILITY EXCEED THE PURCHASE PRICE PAID BY YOU FOR THE SOFTWARE.
10. INDEMNIFICATION.
You agree to defend, indemnify, and hold harmless Licensor, its suppliers, and its resellers from and against liabilities, costs, damages expenses (including settlement costs and reasonable attorney's fees) arising from any claims from anybody that result from or relate to your use, reproduction or distribution of the Software Product or your breach of any representation, warranty, or obligation under this Agreement.
11. SEVERABILITY
In the event any provision of this Agreement is found to be invalid, illegal, or unenforceable, the validity, legality and enforceability of any of the remaining provisions shall not in any way be affected or impaired.
12. ENTIRE AGREEMENT You further agree that this EULA is the complete and exclusive statement of the agreement between you and Licensor which supersedes all proposals or prior agreements, oral or written, and all other communication between you and Licensor relating to the subject matter of this agreement. This EULA may only be modified by a written agreement signed by both you and an authorized representative of Licensor, provided, that no provision of this EULA relating to Licensee may be modified without the additional written agreement of Licensee.
13. ACKNOWLEDGEMENT. By downloading, installing, or using any part of this Software Product, you indicate that you have read this EULA, understand it, and agree to be bound by its terms and conditions.
By downloading, installing, or using any part of this Software Product, you agree to be bound by the terms and conditions Unity’s Terms of Service (https://unity3d.com/legal/terms-of-service) and Unity’s Privacy Policy (https://unity.com/legal/game-player-and-app-user-privacy-policy).
14. FORCE MAJEURE.
Licensor shall not be liable hereunder for any failure or delay in the performance of its obligations under this EULA if such failure or delay is on account of causes beyond its control, including labor disputes, civil commotion, war, fires, floods, inclement weather, governmental regulations or controls, casualty, government authority, strikes, or acts of God, in which event Licensor shall be excused from its obligations for the period of the delay and for a reasonable time thereafter.
YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THIS PRODUCT. BY CLICKING THE ACCEPTANCE BUTTON, INSTALLING THE SOFTWARE, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE BUTTON THAT INDICATES YOU DO NOT ACCEPT THE TERMS.
1. END USER LICENSE AGREEMENT.
This end-user license agreement (“EULA”) is a legal agreement between you (either an individual or a single entity), hereinafter sometimes referred to as “You,” “End User” or “Licensee,” and NILE RIVER SOFTWARE LLC (collectively, “Developer,” “Nile River Software,” or, alternatively, “Licensor” ) for the software product accompanying this EULA which includes video game related software and may include associated media, printed media, and on-line electronic documentation (collectively, “Software Product” or, alternatively, the “Game”). Any and all uses of the Software Product are governed by the terms of this EULA. If you do not agree to the terms of this EULA, you should not install, copy, download or use the Software Product and in which case you should contact your vendor regarding its return policy. If you are purchasing this Software Product from a third party distributor and do not agree, click “disagree/decline.” You agree that your use of the software acknowledges that you have read this agreement, understand it, and agree to be bound by its terms and conditions, and that you represent and warrant that you are an adult and are either accepting this EULA on behalf of yourself or on behalf of your child or ward, as the case may be. If the End User has not attained the age of majority, he/she is obliged to obtain the necessary permission in the form required by law from the parents or other legal representatives.
2. OWNERSHIP.
It is hereby understood and agreed that, as between you and Developer, Nile River Software is the owner of all right titles, ownership rights, intellectual property rights and interests in and to the Software Product and all copies thereof, regardless of the media or form of the original download, whether online, by disk, or otherwise. You, as Licensee, through your downloading, installing, copying, or use of this product do not acquire any ownership rights to the Software Product.
3. LICENSE GRANT.
a. Subject to your agreement to and continuing compliance with this EULA, Nile River Software hereby grants, and you hereby accept, a limited, non-exclusive, non-transferable End User license to: (1) install the Software Product on the local hard disk(s) or other permanent storage media of one computer, or, on one other game play device owned by you or under your legitimate control (each a “Unit”); and (2) use the Software Product on a single Unit at a time and for non-commercial entertainment purposes only. Licensee may physically transfer the Software Product between Units provided that it is used on only one Unit at any given time.
b. Except for the initial loading of the Software Product on a hard disk or other permanent storage media for archival/backup purposes, you shall not, without Nile River Software’s express written consent:
i. Copy or reproduce, auction, loan, rent, lease, sublicense, gift or transfer the Software Product;
ii. Electronically transfer the Software Product through a LAN (local area network) or file sharing network; or
iii. Modify, adapt, translate, reverse engineer, derive source code from, disassemble, decompile, or create derivative works based on the Software Product or any accompanying materials, except to the extent allowed under any applicable law or allowed by the rule of the Game.
Any use of the Software Product in violation of these limitations will be regarded as an infringement of Developer’s copyrights in and to the Software Product.
4. NO ASSIGNMENT; NO TRANSFER.
You agree not to transfer or assign the Software Product and/or this Agreement to another party without the prior written consent of Licensor. If such consent is given and you transfer or assign the Software Product and/or this Agreement, then you must at the same time either transfer any copies of the Software Product to the same product or destroy or return to Licensor any such materials not transferred. Except as set forth above, you may not transfer or assign the Software Product or rights under this Agreement.
5. TITLE.
This is a license agreement, and not an agreement for sale. Licensor retains ownership of and copyrights in the copy of the Software Product (including source code) and Documentation delivered to you and in all copies there of that you may be licensed to make under this EULA. The Software Product and Documentation are protected by U.S. copyright laws and other intellectual property laws and international treaty provisions. Licensor retains all rights not expressly granted to you in this Agreement.
6. TERM AND TERMINATION.
a. This License is effective until terminated. Licensee may terminate it at any time by destroying the Software Product with all copies, full or partial, and removing all of its component parts. Nile River Software may terminate this agreement at any time for any reason. Upon such termination, all licenses granted herein shall immediately terminate and you must immediately and permanently destroy all copies of the Game in your possession and control and remove the Software Product from your hard drive. The term of this EULA runs concurrently with the period during which the consumer uses and retains the Software Product. If the Software Product is transferred (to the extent allowed under this EULA), the license is transferred with it.
b. Your rights under this EULA will terminate automatically without notice from Developer, if you fail to comply with any term(s) or condition(s) of this EULA. In such event, no notice shall be required by Nile River Software to effect such termination.
c. Upon termination of this EULA, you shall cease all use of the Software Product and destroy all copies, full or partial, together with all backup copies, modifications, printed or written materials, and merged portions in any form and remove all component parts of the Software Product which have been downloaded onto your Unit.
7. GOVERNING LAW.
This EULA shall be governed by, subject to, and construed in accordance with, the substantive laws of the State of Illinois, without regard to its conflict of laws provisions. You expressly disclaim the applicability of, and waive any rights based upon, the Uniform Computer Information Transactions Act or the United Nations Convention on Contracts for the International Sale of Goods. In an Action arising out of or relating to this EULA, you consent to the exclusive jurisdiction of the federal and state courts located in the County of Cook, Illinois. The prevailing party in any such action shall be entitled to recover its reasonable attorney's fees and costs incurred in litigating or otherwise settling or resolving such action. YOU FURTHER AGREE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, TO WAIVE ANY RIGHT TO TRIAL BY JURY WITH RESPECT TO ANY CLAIM, COUNTERCLAIM OR ACTION ARISING FROM THE TERMS OF THIS EULA.
8. NO WARRANTY.
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE GAME IS PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Each Licensee is solely responsible for determining the appropriateness of using and distributing the Software Product and assumes all risks associated with its exercise of rights under this Agreement, including but not limited to the risks and costs of programs errors, compliance with applicable laws, damage to or loss of data, programs or equipment, and unavailability or interruption of operations.
9. LIMITATION OF REMEDIES.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY SHALL LICENSOR, LICENSEE, OR ITS SUPPLIERS OR RESELLERS, BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, BUSINESS INTERRUPTIONS, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL INABILITY TO USE THE PROGRAMS (WHETHER OR NOT DUE TO ANY DEFECTES THEREIN). IN NO EVENT WILL LICENSOR BE LIABLE FOR ANY DAMAGES EVEN IF LICENSOR SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE REASONABLY FORESEEABLE, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN NO EVENT SHALL LICENSOR’S LIABLILITY EXCEED THE PURCHASE PRICE PAID BY YOU FOR THE SOFTWARE.
10. INDEMNIFICATION.
You agree to defend, indemnify, and hold harmless Licensor, its suppliers, and its resellers from and against liabilities, costs, damages expenses (including settlement costs and reasonable attorney's fees) arising from any claims from anybody that result from or relate to your use, reproduction or distribution of the Software Product or your breach of any representation, warranty, or obligation under this Agreement.
11. SEVERABILITY
In the event any provision of this Agreement is found to be invalid, illegal, or unenforceable, the validity, legality and enforceability of any of the remaining provisions shall not in any way be affected or impaired.
12. ENTIRE AGREEMENT You further agree that this EULA is the complete and exclusive statement of the agreement between you and Licensor which supersedes all proposals or prior agreements, oral or written, and all other communication between you and Licensor relating to the subject matter of this agreement. This EULA may only be modified by a written agreement signed by both you and an authorized representative of Licensor, provided, that no provision of this EULA relating to Licensee may be modified without the additional written agreement of Licensee.
13. ACKNOWLEDGEMENT. By downloading, installing, or using any part of this Software Product, you indicate that you have read this EULA, understand it, and agree to be bound by its terms and conditions.
By downloading, installing, or using any part of this Software Product, you agree to be bound by the terms and conditions Unity’s Terms of Service (https://unity3d.com/legal/terms-of-service) and Unity’s Privacy Policy (https://unity.com/legal/game-player-and-app-user-privacy-policy).
14. FORCE MAJEURE.
Licensor shall not be liable hereunder for any failure or delay in the performance of its obligations under this EULA if such failure or delay is on account of causes beyond its control, including labor disputes, civil commotion, war, fires, floods, inclement weather, governmental regulations or controls, casualty, government authority, strikes, or acts of God, in which event Licensor shall be excused from its obligations for the period of the delay and for a reasonable time thereafter.