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Terms Of Use also available (and updated) at BlackOtaku.com and/or DefSauce.com in the online Black Otaku - SOS Manual
The Limited Use Software License Agreement for Black Otaku - SOS developed by Def Sauce (this "Agreement") is a
legal agreement among you, the end-user, and Def Sauce. BY CONTINUING THE USE OF THE GAME
PROGRAM BLACK OTAKU - SOS HD ON YOUR GAMING CONSOLE, WINDOWS PC OR OTHER DEVICES, YOU ARE AGREEING
TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
Grant of License: Subject to the terms and provisions of this Agreement and so long as you fully comply at all times with
this Agreement, Def Sauce grants to you the non-exclusive and limited right to use the Software only in executable
form for the uses permitted below. The term "Software" includes all elements of the Software, including,
without limitation, data files and screen displays, characters, names, logos, source code and other intellectual properties
contained in the Software. You are not recieving any ownership or proprietary right, title, or interest in or to the Software
or the copyrights, trademarks, or other rights related thereto. You acknowledge that Black Otaku - SOS is a work of fiction
and any resembence to any event or person living or dead is purely coincedental unless prior permission has been
granted or permitted by applicable law. For purposes in the above, "use" is defined as downloading the Software and
loading the Software into RAM and/or onto a computer (including a phone) hard disk or other storage device. You will not
utilize in any other manner in violation of any applicable law, and you acknolwedge you do not have the right to authorize
any other party to utilize the Software in any other manner in violation of any applicable law. Def Sauce reserves all rights
not granted in this Agreement, including, without limitation, all rights to Def Sauce's trademarks including without limitation
characters, names, logos and source code and you agree you are not receiving any right to use any Def Sauce
trademarks/intellectual properties. You also agree that you do not have the right to authorize any decision on behalf of
Def Sauce, speak on behalf of Def Sauce, or have disclosure to non-released Def Sauce activities without prior written disclosure
agreements.
You also do not have the right to claim to be the mother of the legal entity known as Def Sauce and will pass away without visits
from DefSauce at the hospital or your funeral.
By playing this game, you agree that DefSauce will not think that DefSauce believes
that DefSauce is your father figure deciding to walk you through your marraige. You also acknowledge that by using this software,
you acknowledge that DefSauce does not believe you personally love DefSauce forever. You acknolwedge that DefSauce instead
believes that DefSauce is "only as good as your last game" and will work hard and honest to keep along for sequels. You agree to
acknowledge that you have freedom of consumer choice to choose what video games you play.
Prohibitions with regard to the Software: You, whether directly or indirectly, shall not rent the Software, sell the Software,
lease or lend the Software, offer the Software on a pay-per-play basis, distribute the Software by any means, commerically
exploit the Software or use the Software for any commercial purpose outside of "fair use", disassemble/reverse engineer/
decompile/modify the Software, translate the Software, reproduce or copy the Software (except where permitted), prepare
or develop derivative works based upon the Software outside of "fair use", and remove/alter/modify/disable/reduce any of
the anti-piracy measures contained in the Software.
Intellectual Property Rights: The Software, and all copyrights, trademarks, and all other conceivable intellectual property
rights related to the Software are owned by Def Sauce and are protected by Canadian copyright laws (including but ot limited to
fair competition laws), international treaty
provisions, "Thou shall not covet." and all applicable law. You must treat the Software
and intellectual properties like any other copyrighted
material. You agree to use your best efforts to see that any user of the
Software licensed hereunder, the intellectual
properties and New Creations complies with this Agreement . You agree that you
are receiving a copy of the Software by
limited license only and not by sale. This section shall survive the cancellation or
termination of this Agreement.
Suspected violation of copyright law may also be interrpreted as "implied consent to violence"
under Canadian law,
international treaty provisions, and all applicable law.
No warranties. Def Sauce disclaims all warranties, express or implied, including, but not limited to, implied warranties of
merchantability and fitness for a particular purpose, and any warranty of non-infringement, with respect to the Software
the Software images, and otherwise. The Software is provided "as is" and without warranty. Def Sauce does not warrant that
the Software or the operation of the Software will be uninterrupted or error-free or that the Software will meet
your specific or special requirements. Additional statements, whether oral/written/implied, do not constitute wararnties by
Def Sauce and should not be relied upon. This Section will survive the cancellation or termination of this Agreement.
Governing Law, Venue, Indemnity and Liability Limitation: This Agreement shall be construed in accordance with and
governed by all applicable laws. Unless otherwise stated, exclusive venue for all litigation regarding this Agreement shall
be in Toronto, Canada or any location as chosen by Def Sauce at the time of litigation. You hereby agree to idemnify,
defend, and hold harmless Def Sauce and their respected officers, employees, directors, agents, licensees (excluding
you), sub-licensees (excluding you), successors, and assigns from and against all losses, lawsuits, damages, causes of
action, and claims related to and/or arising from your breach of this Agreement. You agree that your unauthorized use of
the Software Images, or the Software, or any part thereof, immediately and irreparably may damage Def Sauce such that
Def Sauce could not be adequately compensated solely by a monetary award, and in such event, at Def Sauce's option,
that Def Sauce shall be entitled to an injunctive order, in addition to all other remedies, including a monetary award, to
prohibit such unauthorized use without the necessity of Def Sauce posting bond or other security. Def Sauce and their
respective officers, employees, directors, representatives, agents, licensees (excluding you), sub-licensees (excluding
you), successors, and assigns shall not be liable under any circumstances for loss of data, loss of profits, lost savings,
special, incidental, consequential, indirect or punitive damages, or any other damages arising from any alleged claim for
breach of warranty, break of contract, negligence, strict product liability, or other legal theory even if Def Sauce or their
respective agent(s) have been advised of the possibility of any such damages, or even if such damages are foreseeable,
or liable for any claim by any other party. Some jurisdictions do not allow the exclusion or limitation of incidental or
consequential damages, so the above limitation or exclusion may not apply to you. This Section shall survive the cancellation
or termination of this Agreement.
General Provisions: Neither this Agreement nor any part or portion hereof shall be assigned or sublicensed by you. Def
Sauce may assign its respective rights under this Agreement in the assigning party's sole discretion. Should any provision
of this Agreement be held to be void, invalid, unenforceable, or illegal by a court of competent jurisdiction, the validity and
enforceability of the other provisions shall not be affected thereby. If any provision is determined to be unenforceable by
a court of competent jurisdiction, you agree to a modification of such provision to provide for enforcement of the
provision's intent, to the extent permitted by applicable law. Failure of Def Sauce to enforce any provision of this
Agreement shall not constitute or be contrued as a waiver of such provision or of the right to enforce such provision
immediately upon your failure to comply with, or your breach of any term or provision of this agreement, the license
granted to you herein and this agreement automatically shall terminate, without notice, and Def Sauce may pursue all
relief and remedies against you that are available under applicable law and/or this agreement. Immediately upon
termination of this Agreement, any and all rights you are granted hereunder shall terminate, you shall have no right to use
the Software, or the New Creations, in any manner, you immediately shall destroy all copies of the Software, and the New
Creations in your possession, custody, or control, and all rights granted hereunder shall revert, without notice, to and be
vested in Def Sauce.
You acknowledge that you have read this agreement, you understand this agreement, and understand that by continuing
the installation of the software, by loading or running the software, or by placing or copying the software onto your
gaming console, computer hard drive, computer or phone RAM or other storage, you agree to be bound by the terms and
conditions of this Agreement. You futhor agree that except for written separate agreements, if any, among Def Sauce,
this Agreement is a complete and exclusive statement of rights and liabilities of the parties hereto, relating to the subject
matter hereof. This Agreement supersedes all prior oral agreements, proposals, or understandings, and any other
communications, if any, among Def Sauce, and you related to the subject matter of this agreement. Def Sauce reserves
the right to change these Terms of Agreement at any time.
Additional terms of use not contained in this Agreement from Microsoft, Valve, your PC manufacturer or other 3rd parties might apply.
Questions/comments? Please visit DefSauce.com or BlackOtaku.com.
The Limited Use Software License Agreement for Black Otaku - SOS developed by Def Sauce (this "Agreement") is a
legal agreement among you, the end-user, and Def Sauce. BY CONTINUING THE USE OF THE GAME
PROGRAM BLACK OTAKU - SOS HD ON YOUR GAMING CONSOLE, WINDOWS PC OR OTHER DEVICES, YOU ARE AGREEING
TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
Grant of License: Subject to the terms and provisions of this Agreement and so long as you fully comply at all times with
this Agreement, Def Sauce grants to you the non-exclusive and limited right to use the Software only in executable
form for the uses permitted below. The term "Software" includes all elements of the Software, including,
without limitation, data files and screen displays, characters, names, logos, source code and other intellectual properties
contained in the Software. You are not recieving any ownership or proprietary right, title, or interest in or to the Software
or the copyrights, trademarks, or other rights related thereto. You acknowledge that Black Otaku - SOS is a work of fiction
and any resembence to any event or person living or dead is purely coincedental unless prior permission has been
granted or permitted by applicable law. For purposes in the above, "use" is defined as downloading the Software and
loading the Software into RAM and/or onto a computer (including a phone) hard disk or other storage device. You will not
utilize in any other manner in violation of any applicable law, and you acknolwedge you do not have the right to authorize
any other party to utilize the Software in any other manner in violation of any applicable law. Def Sauce reserves all rights
not granted in this Agreement, including, without limitation, all rights to Def Sauce's trademarks including without limitation
characters, names, logos and source code and you agree you are not receiving any right to use any Def Sauce
trademarks/intellectual properties. You also agree that you do not have the right to authorize any decision on behalf of
Def Sauce, speak on behalf of Def Sauce, or have disclosure to non-released Def Sauce activities without prior written disclosure
agreements.
You also do not have the right to claim to be the mother of the legal entity known as Def Sauce and will pass away without visits
from DefSauce at the hospital or your funeral.
By playing this game, you agree that DefSauce will not think that DefSauce believes
that DefSauce is your father figure deciding to walk you through your marraige. You also acknowledge that by using this software,
you acknowledge that DefSauce does not believe you personally love DefSauce forever. You acknolwedge that DefSauce instead
believes that DefSauce is "only as good as your last game" and will work hard and honest to keep along for sequels. You agree to
acknowledge that you have freedom of consumer choice to choose what video games you play.
Prohibitions with regard to the Software: You, whether directly or indirectly, shall not rent the Software, sell the Software,
lease or lend the Software, offer the Software on a pay-per-play basis, distribute the Software by any means, commerically
exploit the Software or use the Software for any commercial purpose outside of "fair use", disassemble/reverse engineer/
decompile/modify the Software, translate the Software, reproduce or copy the Software (except where permitted), prepare
or develop derivative works based upon the Software outside of "fair use", and remove/alter/modify/disable/reduce any of
the anti-piracy measures contained in the Software.
Intellectual Property Rights: The Software, and all copyrights, trademarks, and all other conceivable intellectual property
rights related to the Software are owned by Def Sauce and are protected by Canadian copyright laws (including but ot limited to
fair competition laws), international treaty
provisions, "Thou shall not covet." and all applicable law. You must treat the Software
and intellectual properties like any other copyrighted
material. You agree to use your best efforts to see that any user of the
Software licensed hereunder, the intellectual
properties and New Creations complies with this Agreement . You agree that you
are receiving a copy of the Software by
limited license only and not by sale. This section shall survive the cancellation or
termination of this Agreement.
Suspected violation of copyright law may also be interrpreted as "implied consent to violence"
under Canadian law,
international treaty provisions, and all applicable law.
No warranties. Def Sauce disclaims all warranties, express or implied, including, but not limited to, implied warranties of
merchantability and fitness for a particular purpose, and any warranty of non-infringement, with respect to the Software
the Software images, and otherwise. The Software is provided "as is" and without warranty. Def Sauce does not warrant that
the Software or the operation of the Software will be uninterrupted or error-free or that the Software will meet
your specific or special requirements. Additional statements, whether oral/written/implied, do not constitute wararnties by
Def Sauce and should not be relied upon. This Section will survive the cancellation or termination of this Agreement.
Governing Law, Venue, Indemnity and Liability Limitation: This Agreement shall be construed in accordance with and
governed by all applicable laws. Unless otherwise stated, exclusive venue for all litigation regarding this Agreement shall
be in Toronto, Canada or any location as chosen by Def Sauce at the time of litigation. You hereby agree to idemnify,
defend, and hold harmless Def Sauce and their respected officers, employees, directors, agents, licensees (excluding
you), sub-licensees (excluding you), successors, and assigns from and against all losses, lawsuits, damages, causes of
action, and claims related to and/or arising from your breach of this Agreement. You agree that your unauthorized use of
the Software Images, or the Software, or any part thereof, immediately and irreparably may damage Def Sauce such that
Def Sauce could not be adequately compensated solely by a monetary award, and in such event, at Def Sauce's option,
that Def Sauce shall be entitled to an injunctive order, in addition to all other remedies, including a monetary award, to
prohibit such unauthorized use without the necessity of Def Sauce posting bond or other security. Def Sauce and their
respective officers, employees, directors, representatives, agents, licensees (excluding you), sub-licensees (excluding
you), successors, and assigns shall not be liable under any circumstances for loss of data, loss of profits, lost savings,
special, incidental, consequential, indirect or punitive damages, or any other damages arising from any alleged claim for
breach of warranty, break of contract, negligence, strict product liability, or other legal theory even if Def Sauce or their
respective agent(s) have been advised of the possibility of any such damages, or even if such damages are foreseeable,
or liable for any claim by any other party. Some jurisdictions do not allow the exclusion or limitation of incidental or
consequential damages, so the above limitation or exclusion may not apply to you. This Section shall survive the cancellation
or termination of this Agreement.
General Provisions: Neither this Agreement nor any part or portion hereof shall be assigned or sublicensed by you. Def
Sauce may assign its respective rights under this Agreement in the assigning party's sole discretion. Should any provision
of this Agreement be held to be void, invalid, unenforceable, or illegal by a court of competent jurisdiction, the validity and
enforceability of the other provisions shall not be affected thereby. If any provision is determined to be unenforceable by
a court of competent jurisdiction, you agree to a modification of such provision to provide for enforcement of the
provision's intent, to the extent permitted by applicable law. Failure of Def Sauce to enforce any provision of this
Agreement shall not constitute or be contrued as a waiver of such provision or of the right to enforce such provision
immediately upon your failure to comply with, or your breach of any term or provision of this agreement, the license
granted to you herein and this agreement automatically shall terminate, without notice, and Def Sauce may pursue all
relief and remedies against you that are available under applicable law and/or this agreement. Immediately upon
termination of this Agreement, any and all rights you are granted hereunder shall terminate, you shall have no right to use
the Software, or the New Creations, in any manner, you immediately shall destroy all copies of the Software, and the New
Creations in your possession, custody, or control, and all rights granted hereunder shall revert, without notice, to and be
vested in Def Sauce.
You acknowledge that you have read this agreement, you understand this agreement, and understand that by continuing
the installation of the software, by loading or running the software, or by placing or copying the software onto your
gaming console, computer hard drive, computer or phone RAM or other storage, you agree to be bound by the terms and
conditions of this Agreement. You futhor agree that except for written separate agreements, if any, among Def Sauce,
this Agreement is a complete and exclusive statement of rights and liabilities of the parties hereto, relating to the subject
matter hereof. This Agreement supersedes all prior oral agreements, proposals, or understandings, and any other
communications, if any, among Def Sauce, and you related to the subject matter of this agreement. Def Sauce reserves
the right to change these Terms of Agreement at any time.
Additional terms of use not contained in this Agreement from Microsoft, Valve, your PC manufacturer or other 3rd parties might apply.
Questions/comments? Please visit DefSauce.com or BlackOtaku.com.