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End user license agreement
Please read this ELUA carefully, as it sets out the basis upon which we license Forgotten Legends for use.
Before you download Forgotten Legends from (website or platform of one of ours appointed distribution partners), you will be asked to give your express agreement to the provisions of this EULA.
By clicking “accept agreement” when you first install Forgotten Legends, you agree to be bound by the provisions of this EULA. If you do not agree to be bound by the provisions of thus EULA, you must [Click “reject agreement” during the installation process and promptly (and in case within the period of (day following your purchase) return Forgotten Legends (on the media upon which Forgotten Legends was provided) to your supplier]. [Upon returning the game and providing proof of purchase, you will be entitled to a refund.]
By agreeing to be bound by this EULA, you warrant us that you are at lease (age) years of age; if you are not, you must bot use Forgotten Legends.
This EULA should be read in conjunction with [our privacy policy], which is available at (URL).
WARNING: The light patterns in some video games may trigger epileptic seizures or blackouts in a very small number of individuals. If you have an epileptic condition, you should consult a medical professional before playing the Forgotten Legends. If you experience dizziness, muscle twitiching, changes to vision, disorientation, seizures, convulstions, and/or any involuntary movements while playing Forgotten Legends, you should immediately stop playing and consult a medical professional.
Definitions
In this EULA[, except to the extent expressly provided otherwise]:
“Distrbution Platform” means [any digital distribution platform opereated by a third party by
by means of which the User lawfully acquired Forgotten Legends];
Distributio Platform Terms and Conditions” means [the terms and conditions of the
Distribution Platform that set out any rights and/or obligations of the User in relation to Forgotten Legends;
“DLC” means [any dowloadable or other supplemental content for Forgotten Legends made available by the Licensor and purchased or therwise lawfully acquired by the User];
“Documentation” means [any documentation for Forgotten Legends produced by the Licensor and supplied or made available by the Licensor to the User];
“Effective Date” means [the date upon which the User accepts the terms of this EULA in accordance with the preamble to the EULA];
“EULA” means [this end user license agreement, including any amendments to this end user license agreement from time to time];
“Force Majeure Event” means [];
“Game” means [Forgotten Legions](, as [modified, patched, updated and upgraded] from tome to time by or with the authorization of the Licensor)[, including any DLC];
“Intellectual Property Rights” means [all intellectual property rights wherever in the world, whether registrable or unregistrable, registered or unregistered, including any application or right of application for such rights (and these “intellectual property rights” include copyright and related rights, confidential information, trade secrets, know-how, business names, trade names, trade marks, service marks, passing off rights, unfair competition rights, patents, petty patents, utility models, semiconduction topography rights and rights in designs)];
“Licensor” means [name] of [Forgotten Legends]. A company incorporated in [America] having its principal place of business at {address};
“Permitted Hardware” means [a single] or [any] [desktop, laptop or tablet computer] that is [owned by and in the physical control of] the User [and meets the minimum hardware requireds for Forgotten Legends published by [Licensor from time to time];
“Term” means [the term of this EULA, commencing in accordance with Clause 3.1 and ending in accordance with Clause 3.2]; and
“User” means [the person to whom the Licensor grants a right to use Forgotten Legends under this EULA in accordance with the preamble to this EULA].
2. Credit
2.1 This document was created using Microsoft Word from (Microsoft.com)
3. Term
3.1 This EULA shall come into fore upon the Effective Date.
3.2 This EULA shall continue in force indefinitely, subject to termination in accordance with Clause
10 or any other provisions of this EULA.
4. License
4.1 The Licensor hereby grants to the User from the date of supply of Forgotten Legends to the
end of the Term a worldwide, non-exclusive, non-transferable license to;
Install a copy of Forgotten Legends on the Permitted Hardware;
Install a copy of the Documentation on the Permitted Hardware;
Use a single instance of Forgotten Legends on the Permitted Hardware in accordance with the Documentation;
View the Documentation on the Permitted Hardware; and\
Create, store and maintain up to (number) back up copies of Forgotten Legends.
For the private and domestic purposes of the User and subject to the limitations and exclusions set out and referred to in this Clause 4. This license is granted subject to the payment of any applicable Licensor, Distribution Platform and Supplier charges.
4.2 The user may permit the family members and friends of the User to use the User’s installation of Forgotten Legends on the Permitted Hardware in accordance with the Documentation; providing that the User must not allow any other person to or persons to use Forgotten Legends.
4.3 Any license granted to the User under this Clause 4 shall be subject to the following prohibitions:
(a) the User must not sell, resell, rent, loan, license, sub-license, supply, transfer, publish, distribute or redistribute Forgotten Legends;
(b) The User must not make Forgotten Legends available for download or access by others;
(c) The User must not commercially exploit Forgotten Legends or use Forgotten Legends to provide any service (including using Forgotten Legends at an internet café or gaming center;
(d) The User must not use Forgotten Legends in connection with any marketing advertising;
(e) the User must not modify, alter, edit, adapt or create derivative works of Forgotten Legends;
(f) the User must not decompile, de-obfuscate or reverse engineer, or attempt to
(g) the User must not delete, remove, or disable any security protection measures or propriety notices in or associated with Forgotten Legends;
5. Distribution Platforms
5.1 in addition to this EULA, the Distribution Platform Terms and Conditions may affect the rights, obligations and liabilities of the User in relation to Forgotten Legends.
5.2 In the event of any conflict between this EULA and the Distribution Platform Terms and Conditions, the provisions that shall take precedence.
5.3 Those provisions of the Distribution Platform Terms and Conditions that impose obligations and/or liabilities on the User in relation to Forgotten Legends excluding those relating to payments are hereby incorporated into the EULA for the benefit of the Licensor, and such as shall be enforceable by the Licensor against the User.
5.4 For the avoidance of doubt, the following matters shall be governed by the provisions of the Distribution Platform Terms and Conditions: the amounts payable by the User in respect of this EULA: the methods of payment to be used by the User; and any rights of the User to cancel this EULA and receive any refunds of amounts paid in respect of this EULA.
5.5 The User acknowledges that the operator of the Distribution Platform has rights under the Distribution Platform Terms and Conditions which may affect the exercise of the User right’s under this EULA. Subject to Clause 9.1, the Licensor will not be in breach of this EULA as a result of, and will not be liable to the User in respect of:
(a) any act or omission of the operator; or
(b) any loss or damage arising out of the operator’s exercise of its rights under the Distribution Platform Terms and Conditions.
6. Intellectual Property Rights
6.1 Nothing in this EULA shall constitute an assignment or transfer of any intellectual Property Rights of the Licensor.
6.2 Save to the extent expressly provided otherwise in this EULA, all the Intellectual Property Rights and others rights in:
(a) Forgotten Legends
(b) the works and materials comprised in Forgotten Legends; and
(c) any other software or services of the Licensor, are hereby reserved to the Licensor.
7. Warranties
7.1 if the Licensor reasonably determines, or any third party alleges, that the use of Forgotten Legends by the User in accordance with this EULA reasonably at its own cost and expense.
(a) modify Forgotten Legends in such a way that it no longer infringes the relevant Intellectual Property Rights; or
(b) procure for the User the right to the Forgotten Legends in accordance with this EULA.
7.2 The User warrants to the Licensor that it has the legal right and authority to enter into this EULA and to perform its obligations under this EULA.
7.3 All of the parties’ warranties and representations in respect of the subject matter of this EULA are expressly set out in the EULA. To the maximum extent permitted by applicable law, no other warranties or representations concerning the subject matter of this EULA will be implied into this EULA or any related contract.
8. Acknowledgements and warranty limitations
8.1 The User acknowledges that the use if Forgotten Legends will require computer hardware and software meeting the minimum requirements specified by the Licensor. The User further acknowledges that, as Forgotten Legends is updated, those requirements may change and, accordingly, Forgotten Legends may cease to function on the hardware of the User.
8.2 The User acknowledges that complex software is never wholly free from defects, errors, and bugs; and the Liscensor give no warranty or representation that Forgotten Legends TCG will be entirely secure.
8.3 The User acknowledges that complex software is never enteriely free from security vulnerabilities; and Licensor gives no warranty or representation that Forgotten Legends TCG will be entirely secure.
9. Limitations and exclusions of liability
9.1 Nothing in this EULA will:
(a) Limit or exclude any liability for death or personal injury resulting from negligence,
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities that may not permitted under applicable law,
And, if party is a consumer, that party’s statutory rights will not be excluded or limited by this EULA, except to the extent permitted by law.
9.2 The limitations and exlusions of liability set out in this Clause 9 and elsewhere in this EULA:
(a) are subject to Clause 9.1; and
(b) govern all liabilities arising under this EULA or relating to the subject matter of this EULA, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this EULA.
9.3 The Licensor will be liable to the User in respect of any losses arising out of a Force Majeure Event.
9.4 The Licensor will not be liable to the User in respect of any business losses, including loss of damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
9.5 The Licensor will not be liable to the User in respect of any loss or corruption of any data, database or software.
9.6 The liability of the Licensor to the User under this EULA in respect of any special, indirect or consequential loss or damage.
9.7 The liability of the Licensor to the User under this EULA in respect of any event or series of related events shall not exceed (amount).
10. Termination
10.1 This EULA shall immediately and automatically terminate if the User commits any breach of this EULA.
11. Effects of termination
11.1 Upon the termination of this EULA, all of the provisions of this EULA shall cease to have effect, save that the following provisions of this EULA shall survive and continue to have effect (in accordance with their express terms or otherwise indefinitely): Clause 1, 5, 9, 11, and 12.
11.2 Except to the extent expressly provided otherwise in this EULA, the termination of this EULA shall not affect the accrued rights of either party.
11.3 For the avoidance of doubt, all licenses granted to the User under this EULA
shall terminate upon the termination of this EULA. Accordingly, the User must
immediately cease to use Forgotten Legends TCG and all other works and materials
licensed to the User under this EULA upon the termination of this EULA.
11.4 Within 14 days following the date of effective termination of this EULA, the User must irreversibly delete or destroy all copies of Forgotten Legends TCG and all copies of all possessions or control of the User.
12. General
12.1 No breach of any provisions of this EULA shall be waived except with the express written consent of the party not in breach.
12.2 If any provisions of this EULA is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions of this EULA will continue in effect. If any unlawful and unenforceable provision would be lawful or enforceable if part if it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the parties, in which case the entirety of the relevant provisions will be deemed to be deleted.)
12.3 The Licensor may vary this EULA by giving to the User at least 30 days' prior
notice of the variation or by updating the version of this EULA
published on its website. The continued use of Forgotten Legends TCG by the User following any such variation constitutes the acceptance by the User of that variation.
Subject to this, this EULA may only be varied by a written document signed by
or on behalf of each of the parties
12.4 The User hereby agrees that the Licensor may assign the Licensor's
contractual rights and obligations under this EULA to [any successor to all or a
substantial part of the business of the Licensor from time to time] OR [any
third party] - providing that such action does not serve to reduce the
guarantees benefiting the User under this EULA. Save to the extent expressly
permitted by applicable law, the User must not without the prior written
consent of the Licensor assign, transfer or otherwise deal with any of the
User's contractual rights or obligations under this EULA.
12.5 This EULA is made for the benefit of the parties, and is not intended to benefit
any third party or be enforceable by any third party. The rights of the parties
to terminate, rescind, or agree any amendment, waiver, variation or
settlement under or relating to this EULA are not subject to the consent of any
third party.
12.6 Subject to Clause 9.1, this EULA shall constitute the entire agreement between the parties in relation to subject matter of this EULA, and shall supersede all the previous agreements, arrangements and understandings between the parties in respect of that subject matter.
12.7 This EULA shall be governed by and construed in accordance with English law.
12.8 Subject to any mandatory requirements of applicable law, the courts of America shall have exclusive jurisdiction to adjudicate any dispute arising under or in connection with this EULA.
Please read this ELUA carefully, as it sets out the basis upon which we license Forgotten Legends for use.
Before you download Forgotten Legends from (website or platform of one of ours appointed distribution partners), you will be asked to give your express agreement to the provisions of this EULA.
By clicking “accept agreement” when you first install Forgotten Legends, you agree to be bound by the provisions of this EULA. If you do not agree to be bound by the provisions of thus EULA, you must [Click “reject agreement” during the installation process and promptly (and in case within the period of (day following your purchase) return Forgotten Legends (on the media upon which Forgotten Legends was provided) to your supplier]. [Upon returning the game and providing proof of purchase, you will be entitled to a refund.]
By agreeing to be bound by this EULA, you warrant us that you are at lease (age) years of age; if you are not, you must bot use Forgotten Legends.
This EULA should be read in conjunction with [our privacy policy], which is available at (URL).
WARNING: The light patterns in some video games may trigger epileptic seizures or blackouts in a very small number of individuals. If you have an epileptic condition, you should consult a medical professional before playing the Forgotten Legends. If you experience dizziness, muscle twitiching, changes to vision, disorientation, seizures, convulstions, and/or any involuntary movements while playing Forgotten Legends, you should immediately stop playing and consult a medical professional.
Definitions
In this EULA[, except to the extent expressly provided otherwise]:
“Distrbution Platform” means [any digital distribution platform opereated by a third party by
by means of which the User lawfully acquired Forgotten Legends];
Distributio Platform Terms and Conditions” means [the terms and conditions of the
Distribution Platform that set out any rights and/or obligations of the User in relation to Forgotten Legends;
“DLC” means [any dowloadable or other supplemental content for Forgotten Legends made available by the Licensor and purchased or therwise lawfully acquired by the User];
“Documentation” means [any documentation for Forgotten Legends produced by the Licensor and supplied or made available by the Licensor to the User];
“Effective Date” means [the date upon which the User accepts the terms of this EULA in accordance with the preamble to the EULA];
“EULA” means [this end user license agreement, including any amendments to this end user license agreement from time to time];
“Force Majeure Event” means [];
“Game” means [Forgotten Legions](, as [modified, patched, updated and upgraded] from tome to time by or with the authorization of the Licensor)[, including any DLC];
“Intellectual Property Rights” means [all intellectual property rights wherever in the world, whether registrable or unregistrable, registered or unregistered, including any application or right of application for such rights (and these “intellectual property rights” include copyright and related rights, confidential information, trade secrets, know-how, business names, trade names, trade marks, service marks, passing off rights, unfair competition rights, patents, petty patents, utility models, semiconduction topography rights and rights in designs)];
“Licensor” means [name] of [Forgotten Legends]. A company incorporated in [America] having its principal place of business at {address};
“Permitted Hardware” means [a single] or [any] [desktop, laptop or tablet computer] that is [owned by and in the physical control of] the User [and meets the minimum hardware requireds for Forgotten Legends published by [Licensor from time to time];
“Term” means [the term of this EULA, commencing in accordance with Clause 3.1 and ending in accordance with Clause 3.2]; and
“User” means [the person to whom the Licensor grants a right to use Forgotten Legends under this EULA in accordance with the preamble to this EULA].
2. Credit
2.1 This document was created using Microsoft Word from (Microsoft.com)
3. Term
3.1 This EULA shall come into fore upon the Effective Date.
3.2 This EULA shall continue in force indefinitely, subject to termination in accordance with Clause
10 or any other provisions of this EULA.
4. License
4.1 The Licensor hereby grants to the User from the date of supply of Forgotten Legends to the
end of the Term a worldwide, non-exclusive, non-transferable license to;
Install a copy of Forgotten Legends on the Permitted Hardware;
Install a copy of the Documentation on the Permitted Hardware;
Use a single instance of Forgotten Legends on the Permitted Hardware in accordance with the Documentation;
View the Documentation on the Permitted Hardware; and\
Create, store and maintain up to (number) back up copies of Forgotten Legends.
For the private and domestic purposes of the User and subject to the limitations and exclusions set out and referred to in this Clause 4. This license is granted subject to the payment of any applicable Licensor, Distribution Platform and Supplier charges.
4.2 The user may permit the family members and friends of the User to use the User’s installation of Forgotten Legends on the Permitted Hardware in accordance with the Documentation; providing that the User must not allow any other person to or persons to use Forgotten Legends.
4.3 Any license granted to the User under this Clause 4 shall be subject to the following prohibitions:
(a) the User must not sell, resell, rent, loan, license, sub-license, supply, transfer, publish, distribute or redistribute Forgotten Legends;
(b) The User must not make Forgotten Legends available for download or access by others;
(c) The User must not commercially exploit Forgotten Legends or use Forgotten Legends to provide any service (including using Forgotten Legends at an internet café or gaming center;
(d) The User must not use Forgotten Legends in connection with any marketing advertising;
(e) the User must not modify, alter, edit, adapt or create derivative works of Forgotten Legends;
(f) the User must not decompile, de-obfuscate or reverse engineer, or attempt to
(g) the User must not delete, remove, or disable any security protection measures or propriety notices in or associated with Forgotten Legends;
5. Distribution Platforms
5.1 in addition to this EULA, the Distribution Platform Terms and Conditions may affect the rights, obligations and liabilities of the User in relation to Forgotten Legends.
5.2 In the event of any conflict between this EULA and the Distribution Platform Terms and Conditions, the provisions that shall take precedence.
5.3 Those provisions of the Distribution Platform Terms and Conditions that impose obligations and/or liabilities on the User in relation to Forgotten Legends excluding those relating to payments are hereby incorporated into the EULA for the benefit of the Licensor, and such as shall be enforceable by the Licensor against the User.
5.4 For the avoidance of doubt, the following matters shall be governed by the provisions of the Distribution Platform Terms and Conditions: the amounts payable by the User in respect of this EULA: the methods of payment to be used by the User; and any rights of the User to cancel this EULA and receive any refunds of amounts paid in respect of this EULA.
5.5 The User acknowledges that the operator of the Distribution Platform has rights under the Distribution Platform Terms and Conditions which may affect the exercise of the User right’s under this EULA. Subject to Clause 9.1, the Licensor will not be in breach of this EULA as a result of, and will not be liable to the User in respect of:
(a) any act or omission of the operator; or
(b) any loss or damage arising out of the operator’s exercise of its rights under the Distribution Platform Terms and Conditions.
6. Intellectual Property Rights
6.1 Nothing in this EULA shall constitute an assignment or transfer of any intellectual Property Rights of the Licensor.
6.2 Save to the extent expressly provided otherwise in this EULA, all the Intellectual Property Rights and others rights in:
(a) Forgotten Legends
(b) the works and materials comprised in Forgotten Legends; and
(c) any other software or services of the Licensor, are hereby reserved to the Licensor.
7. Warranties
7.1 if the Licensor reasonably determines, or any third party alleges, that the use of Forgotten Legends by the User in accordance with this EULA reasonably at its own cost and expense.
(a) modify Forgotten Legends in such a way that it no longer infringes the relevant Intellectual Property Rights; or
(b) procure for the User the right to the Forgotten Legends in accordance with this EULA.
7.2 The User warrants to the Licensor that it has the legal right and authority to enter into this EULA and to perform its obligations under this EULA.
7.3 All of the parties’ warranties and representations in respect of the subject matter of this EULA are expressly set out in the EULA. To the maximum extent permitted by applicable law, no other warranties or representations concerning the subject matter of this EULA will be implied into this EULA or any related contract.
8. Acknowledgements and warranty limitations
8.1 The User acknowledges that the use if Forgotten Legends will require computer hardware and software meeting the minimum requirements specified by the Licensor. The User further acknowledges that, as Forgotten Legends is updated, those requirements may change and, accordingly, Forgotten Legends may cease to function on the hardware of the User.
8.2 The User acknowledges that complex software is never wholly free from defects, errors, and bugs; and the Liscensor give no warranty or representation that Forgotten Legends TCG will be entirely secure.
8.3 The User acknowledges that complex software is never enteriely free from security vulnerabilities; and Licensor gives no warranty or representation that Forgotten Legends TCG will be entirely secure.
9. Limitations and exclusions of liability
9.1 Nothing in this EULA will:
(a) Limit or exclude any liability for death or personal injury resulting from negligence,
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities that may not permitted under applicable law,
And, if party is a consumer, that party’s statutory rights will not be excluded or limited by this EULA, except to the extent permitted by law.
9.2 The limitations and exlusions of liability set out in this Clause 9 and elsewhere in this EULA:
(a) are subject to Clause 9.1; and
(b) govern all liabilities arising under this EULA or relating to the subject matter of this EULA, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this EULA.
9.3 The Licensor will be liable to the User in respect of any losses arising out of a Force Majeure Event.
9.4 The Licensor will not be liable to the User in respect of any business losses, including loss of damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
9.5 The Licensor will not be liable to the User in respect of any loss or corruption of any data, database or software.
9.6 The liability of the Licensor to the User under this EULA in respect of any special, indirect or consequential loss or damage.
9.7 The liability of the Licensor to the User under this EULA in respect of any event or series of related events shall not exceed (amount).
10. Termination
10.1 This EULA shall immediately and automatically terminate if the User commits any breach of this EULA.
11. Effects of termination
11.1 Upon the termination of this EULA, all of the provisions of this EULA shall cease to have effect, save that the following provisions of this EULA shall survive and continue to have effect (in accordance with their express terms or otherwise indefinitely): Clause 1, 5, 9, 11, and 12.
11.2 Except to the extent expressly provided otherwise in this EULA, the termination of this EULA shall not affect the accrued rights of either party.
11.3 For the avoidance of doubt, all licenses granted to the User under this EULA
shall terminate upon the termination of this EULA. Accordingly, the User must
immediately cease to use Forgotten Legends TCG and all other works and materials
licensed to the User under this EULA upon the termination of this EULA.
11.4 Within 14 days following the date of effective termination of this EULA, the User must irreversibly delete or destroy all copies of Forgotten Legends TCG and all copies of all possessions or control of the User.
12. General
12.1 No breach of any provisions of this EULA shall be waived except with the express written consent of the party not in breach.
12.2 If any provisions of this EULA is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions of this EULA will continue in effect. If any unlawful and unenforceable provision would be lawful or enforceable if part if it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the parties, in which case the entirety of the relevant provisions will be deemed to be deleted.)
12.3 The Licensor may vary this EULA by giving to the User at least 30 days' prior
notice of the variation or by updating the version of this EULA
published on its website. The continued use of Forgotten Legends TCG by the User following any such variation constitutes the acceptance by the User of that variation.
Subject to this, this EULA may only be varied by a written document signed by
or on behalf of each of the parties
12.4 The User hereby agrees that the Licensor may assign the Licensor's
contractual rights and obligations under this EULA to [any successor to all or a
substantial part of the business of the Licensor from time to time] OR [any
third party] - providing that such action does not serve to reduce the
guarantees benefiting the User under this EULA. Save to the extent expressly
permitted by applicable law, the User must not without the prior written
consent of the Licensor assign, transfer or otherwise deal with any of the
User's contractual rights or obligations under this EULA.
12.5 This EULA is made for the benefit of the parties, and is not intended to benefit
any third party or be enforceable by any third party. The rights of the parties
to terminate, rescind, or agree any amendment, waiver, variation or
settlement under or relating to this EULA are not subject to the consent of any
third party.
12.6 Subject to Clause 9.1, this EULA shall constitute the entire agreement between the parties in relation to subject matter of this EULA, and shall supersede all the previous agreements, arrangements and understandings between the parties in respect of that subject matter.
12.7 This EULA shall be governed by and construed in accordance with English law.
12.8 Subject to any mandatory requirements of applicable law, the courts of America shall have exclusive jurisdiction to adjudicate any dispute arising under or in connection with this EULA.