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IMPORTANT - PLEASE READ CAREFULLY: THIS END-USER LICENSE AGREEMENT (“EULA”) IS A LEGAL AGREEMENT BETWEEN YOU AND [SpotPixle Studios] (“LICENSOR”) FOR THE GAME ENTITLED “MONSTER KNOCKOUT” (THE “GAME”) AND ANY ACCOMPANYING DOCUMENTATION, INCLUDING WITHOUT LIMITATION THE GAME MANUAL AND ANY OTHER PRINTED MATERIALS OR ELECTRONIC DOCUMENTATION (COLLECTIVELY, THE “PRODUCT”). BY INSTALLING OR OTHERWISE USING THE PRODUCT, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, DO NOT INSTALL OR USE THE PRODUCT.
GRANT OF LICENSE
Subject to the terms and conditions of this EULA, Licensor grants you a non-exclusive, non-transferable, limited right and license to install and use one (1) copy of the Product for your personal, non-commercial use on a single personal computer, gaming console or mobile device, as applicable. This license is granted to you, not sold.
OWNERSHIP
The Product, including without limitation any and all intellectual property rights therein, are and shall remain the sole and exclusive property of Licensor. This EULA does not convey any interest in or to the Product, but only a limited right to use the Product in accordance with the terms of this EULA.
RESTRICTIONS ON USE
You may not copy, modify, distribute, sell, lease, rent, sublicense or otherwise transfer the Product or any part thereof. You may not reverse engineer, decompile or disassemble the Product or any part thereof, except to the extent that such activity is expressly permitted by applicable law. You may not remove or alter any trademark, copyright or other proprietary notice or legend affixed to or contained within the Product.
TERMINATION
This EULA and the license granted hereunder may be terminated by Licensor at any time without notice if you fail to comply with any term or condition of this EULA. Upon termination, you must immediately cease all use of the Product and destroy all copies of the Product in your possession or control.
WARRANTY DISCLAIMER
THE PRODUCT IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. LICENSOR DOES NOT WARRANT THAT THE PRODUCT WILL BE ERROR-FREE OR THAT THE PRODUCT WILL MEET YOUR REQUIREMENTS. LICENSOR SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE THE PRODUCT, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, WHETHER ARISING IN TORT, CONTRACT OR OTHERWISE.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LICENSOR’S LIABILITY FOR ANY DAMAGES ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE THE PRODUCT, WHETHER ARISING IN TORT, CONTRACT OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU FOR THE PRODUCT.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless Licensor and its affiliates, officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or related to your use of the Product.
GOVERNING LAW AND DISPUTE RESOLUTION
This EULA shall be governed by and construed in accordance with the laws of the jurisdiction in which Licensor is located, without giving effect to any choice of law or conflict of law provisions thereof. Any dispute arising
GRANT OF LICENSE
Subject to the terms and conditions of this EULA, Licensor grants you a non-exclusive, non-transferable, limited right and license to install and use one (1) copy of the Product for your personal, non-commercial use on a single personal computer, gaming console or mobile device, as applicable. This license is granted to you, not sold.
OWNERSHIP
The Product, including without limitation any and all intellectual property rights therein, are and shall remain the sole and exclusive property of Licensor. This EULA does not convey any interest in or to the Product, but only a limited right to use the Product in accordance with the terms of this EULA.
RESTRICTIONS ON USE
You may not copy, modify, distribute, sell, lease, rent, sublicense or otherwise transfer the Product or any part thereof. You may not reverse engineer, decompile or disassemble the Product or any part thereof, except to the extent that such activity is expressly permitted by applicable law. You may not remove or alter any trademark, copyright or other proprietary notice or legend affixed to or contained within the Product.
TERMINATION
This EULA and the license granted hereunder may be terminated by Licensor at any time without notice if you fail to comply with any term or condition of this EULA. Upon termination, you must immediately cease all use of the Product and destroy all copies of the Product in your possession or control.
WARRANTY DISCLAIMER
THE PRODUCT IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. LICENSOR DOES NOT WARRANT THAT THE PRODUCT WILL BE ERROR-FREE OR THAT THE PRODUCT WILL MEET YOUR REQUIREMENTS. LICENSOR SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE THE PRODUCT, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, WHETHER ARISING IN TORT, CONTRACT OR OTHERWISE.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LICENSOR’S LIABILITY FOR ANY DAMAGES ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE THE PRODUCT, WHETHER ARISING IN TORT, CONTRACT OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU FOR THE PRODUCT.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless Licensor and its affiliates, officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or related to your use of the Product.
GOVERNING LAW AND DISPUTE RESOLUTION
This EULA shall be governed by and construed in accordance with the laws of the jurisdiction in which Licensor is located, without giving effect to any choice of law or conflict of law provisions thereof. Any dispute arising