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RARA AVIS INTERACTIVE, LLC
END USER LICENSE AGREEMENT
AND
TERMS OF SERVICE
OVERVIEW
THIS END USER AGREEMENT AND TERMS OF SERVICE (“EULA” or
“AGREEMENT”) REPRESENTS A LEGAL AGREEMENT BETWEEN YOU AND
RARA AVIS INTERACTIVE, LLC. ("RARA AVIS INTERACTIVE") STATING THE
TERMS THAT GOVERN YOUR USE OF SKY BASE VENUS ("GAME").
THIS EULA INCLUDES BY REFERENCE ALL ADDITIONAL TERMS, CHANGES,
UPDATES, SOFTWARE LICENSES, AND RULES AND POLICIES ESTABLISHED BY
RARA AVIS INTERACTIVE.
YOU MUST READ ALL TERMS CONTAINED WITHIN THIS EULA. BY INSTALLING
THE GAME, YOU HAVE INDICATED YOUR ACKNOWLEDGEMENT THAT YOU
HAVE READ AND AGREED TO ALL SUCH TERMS CONTAINED IN THIS EULA. IF
YOU DO NOT AGREE TO THE TERMS CONTAINED IN THIS EULA, YOU MAY NOT
INSTALL OR USE THE APPLICATION. RARA AVIS INTERACTIVE MAY REFUSE
ACCESS TO THE GAME FOR BREACH OF OR NONCOMPLIANCE WITH ANY
PART OF THIS AGREEMENT.
IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS EULA, CLICK ON THE
“DO NOT AGREE” BUTTON WHICH INDICATES THAT YOU DO NOT AGREE TO
ACCEPT THE TERMS OF THIS EULA AND WILL NOT COMPLETE INSTALLATION
OF THE GAME. BY CLICKING "I AGREE," YOU: (A) ACKNOWLEDGE THAT YOU
HAVE READ THIS EULA; (B) AGREE TO BE BOUND BY ITS TERMS AND
CONDITIONS; (C) ARE AUTHORIZED AND ABLE TO ACCEPT THIS EULA. YOUR
USE OF THE GAME IS ALSO SUBJECT TO THE TERMS AND CONDITIONS SET
FORTH IN STEAM AGREEMENT AND/OR ANY OTHER TERMS SET FORTH BY
VALVE CORP. IN RELATION TO THE GAME SERVICE.
1. Definitions.
1.1 “Game” means “Sky Base Venus” and any applicable upgrades, documentation,
interfaces, content, and any data that came therewith and/or is created thereby.
1.2 “Game Account” means any account you are required to create, either with or for Rara
Avis Interactive, or an applicable Game Service, in order to access the Game.
1.3 “Game Service” means the service used by the end user to access the Game.
1.4 “Rara Avis Interactive Trademarks” means the trademarks owned by Rara Avis
Interactive, whether registered or not.
1.5 “Services” means any services and websites from Rara Avis Interactive and/or third
parties to which the Game provides access.
2. Restrictions
2.1 Your Accounts shall not be transferred, sold, or used by anyone else. Regardless, you are
liable for all activities conducted through your Accounts. Furthermore, you shall not
assign or transfer your rights and obligations under this EULA.
2.2 Any use, reproduction or redistribution of the Game, Game related contents or services
not expressly authorized by this EULA is expressly prohibited and may result in severe
civil and criminal penalties.
2.3 You are strictly prohibited from engaging in, or assisting others to engage in, conduct that
would damage or impair the quality or property of the Game including, without
limitation, the following:
2.3.1 Copying, distributing, transmitting, displaying, performing, framing, linking,
hosting, caching, reproducing, publishing, licensing, or creating derivative works
from any information, software, products, or services obtained from the Game
2.3.2 Modifying, reverse engineering, disassembling, or decompiling the Game
2.3.3 Using intellectual property contained in the Game to create derivatives or to
provide any other means through which others may play the Game such as
through server emulators
2.3.4 Taking actions that impose an unreasonable or disproportionately large load on
online network infrastructure or that could damage, disable, overburden, or impair
any services provided
2.3.5 Interfering with any other party's use and enjoyment of the Game (including
cheating)
2.3.6 Attempting to gain unauthorized access to third party Accounts or the Game via
any means
2.3.7 Violating terms and conditions set forth in the STEAM Subscriber Agreement
and/or any other terms set forth by VALVE CORP. and/or Rara Avis Interactive.
in relation to the game service.
2.4 You are strictly prohibited from selling, gifting (except as permitted herein) or
exchanging Digital Objects or other virtual Game items for currency or other value
outside of the Game.
2.5 In addition to any other rights and remedies available to Rara Avis Interactive, if Rara
Avis Interactive believes you have, or will engage in any of the above conduct in this
section, it may, in its sole discretion and without notice, terminate your access to the
GAME and suspend or deactivate your accounts with no liability to it relating thereto.
3. Permitted License Uses and Restrictions:
3.1 You are aware that the Game, documentation, interfaces, content, and any data that came
with the Game, as may be updated or replaced by feature enhancements or software
updates, in any media or form, are licensed, not sold, to you by Rara Avis Interactive,
LLC. (“Rara Avis Interactive”) for use only under the terms of this End User License and
Agreement. Rara Avis Interactive and its licensors retain ownership of the Game itself
and reserve all rights not expressly granted to you.
3.2 By this Agreement, Rara Avis Interactive grants to you a limited, non-transferable license
to use the Game on any device that you own or control, subject to the terms contained
within this Agreement and as permitted by any applicable Usage Rules set forth by
STEAM in relation to the Game Service.
3.3 Limitations on License.
3.3.1 This license does not allow you to use the Game on any device that you do not
own or control.
3.3.2 You may not distribute or make the Game available over a network.
3.3.3 You may not allow the Game to be used on multiple devices at the same time.
3.3.4 You may not rent, lease, lend, redistribute, sell, or sublicense the Game.
3.3.5 You may not copy (except as expressly permitted by this Agreement and any
applicable Usage Rules), decompile, reverse engineer, disassemble, attempt to
derive the source code of, modify, or create derivative works of the Game, any
updates, or any part thereof (except as and only to the extent any foregoing
restriction is prohibited by applicable law or to the extent as may be permitted by
the licensing terms governing use of any open sourced components included with
the Game). Any attempt to do so is a violation of the rights of Rara Avis
Interactive and its licensors. If you breach this restriction, you may be subject to
prosecution and damages.
3.4 The terms of the license will govern any upgrades provided by Rara Avis Interactive that
replace and/or supplement the original Game unless such upgrade is accompanied by a
separate license in which case the terms of that license will govern.
3.5 Duration of License. The license is effective until terminated by you or Rara Avis
Interactive. Your rights under this license will terminate automatically without notice
from the Rara Avis Interactive if you fail to comply with any term(s) of this license. Upon
termination of the license, you shall cease all use of the Game, and destroy all copies, full
or partial, of the Game.
4. Term and Termination
4.1 This EULA is effective unless and until terminated by either you or Rara Avis Interactive.
Your rights under this EULA terminate upon the termination of your Game Account
under this EULA. Rara Avis Interactive. may, at any time, for any reason and in its sole
discretion, terminate this EULA, deactivate your Accounts, or discontinue its use of the
Game Service with or without notice to you and with no liability to you. In addition, Rara
Avis Interactive at its sole discretion, may immediately terminate this EULA and deny
you access to the Game, the Game Service, and your Accounts at any time without notice
if:
4.1.1 You breach any provision of this EULA;
4.1.2 You infringe any third-party intellectual property rights;
4.1.3 Rara Avis Interactive is unable to verify or authenticate any information you
provide to Rara Avis Interactive;
4.1.4 You engage in game play, chat, or any player activity whatsoever which is, in our
sole discretion, inappropriate and/or in violation of the spirit of the Game or
Game Service
4.1.5 You violate the STEAM, Subscriber Agreement and/or other agreements by that
VALVE, and/or Rara Avis Interactive. that you consented to play the Game.
4.2 Upon termination of the EULA, for any reason whatsoever, by either you or Rara Avis
Interactive:
4.2.1 You will immediately discontinue use of the Game, the Game Service, and your
Accounts; and,
4.2.2 All rights granted to you under this EULA will immediately terminate.
5. Consent to Collection and Use of Data. Playing the Game requires an Internet
connection to servers of Rara Avis Interactive via the Game Service. As part of playing the Game
and using its service, you hereby explicitly consent to the extraction of hardware system profile
data, internet connection data and any other data related to the operation of the Game through the
Game Service from any computer that logs on to the Game Service using your Account. Rara
Avis Interactive. may deploy or provide patches, updates and modifications to the Game that
must be installed for the user to continue to play the Game. Rara Avis Interactive may update the
Game remotely including, without limitation, the Game software residing on the user’s machine,
without the knowledge of the user, and you hereby grant Rara Avis Interactive. your consent to
deploy and apply such patches, updates, and modifications. Rara Avis Interactive may
periodically collect and use technical information about your device that may include, but not be
limited to, information related to your system, application software, and peripherals. Provided
such information cannot identify you personally, Rara Avis Interactive may use this information
to improve its products or to provide services or technologies to you and others. Additional
details related to Rara Avis Interactive’s collection and use of customer information can be found
in its Privacy and Security Policy which has been incorporated by reference herein.
6. Ownership Rights and Intellectual Property Rights
6.1 Copyright. All of the information and content (in any format whatsoever) found within
the Game is owned by Rara Avis Interactive.
6.1.1 Rara Avis Interactive considers the contents of and all materials within the Game
to be copyrighted and proprietary; valuable intellectual property; and protected
under United States copyright laws as well as treaty provisions and worldwide
copyright laws.
6.1.2 The Game, including any portion thereof, may not be reproduced, copied, edited,
published, transmitted, or uploaded in any way without written permission from
Rara Avis Interactive.
6.1.3 Rara Avis Interactive provides you with a limited license to view materials
displayed when using the Game for reasonable use and pursuant to this
Agreement.
6.2 Trademarks.
6.2.1 Nothing in the Game should be construed as granting, by implication, estoppel or
otherwise, any license or right to use any of the Rara Avis Interactive Trademarks
displayed through the Game without prior written permission.
6.2.2 All goodwill generated from the Rara Avis Interactive Trademarks will inure
solely to Rara Avis Interactive’s benefit.
6.2.3 The Game may identify other corporations or businesses (who may or may not
endorse or be affiliated with or connected to Rara Avis Interactive) by their brand,
corporate, product and trade names and their trademarks. Such names and
trademarks remain the property of their respective owners.
6.2.3.1 All other marks and names mentioned herein may be trademarks of their
respective companies.
6.2.4 Rara Avis Interactive reserves the right to restrict the use of its name, system,
logo, and software.
7. DISCLAIMER OF WARRANTIES.
7.1 TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, THE
GAME IS PROVIDED TO YOU “AS IS,” “WITH ALL FAULTS,” “AS
AVAILABLE,” AND WITHOUT WARRANTY OF ANY KIND, EITHER
EXPRESS OR IMPLIED.
7.2 YOUR USE OF THE GAME IS AT YOUR SOLE RISK. ADDITIONALLY, THE
ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, AND
EFFORT RELATED TO THE GAME RESIDES WITH YOU.
7.3 TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, RARA
AVIS INTERACTIVE SPECIFICALLY DISCLAIMS ANY AND ALL
WARRANTIES, WHETHER EXPRESS OR IMPLIED OR STATUTORY,
INCLUDING, BUT NOT LIMITED TO:
7.3.1 ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY,
RELIABILITY, COMPLETENESS, CAPABILITIES, SECURITY,
TIMELINESS, USEFULNESS OR CONTENT OF THE GAME OR THE
ABILITY OF THE GAME TO INTEROPERATE OR INTEGRATE WITH
ANY THIRD-PARTY PRODUCTS SUCH AS SOFTWARE OR
HARDWARE;
7.3.2 ANY WARRANTIES RESULTING FROM A COURSE OF DEALING OR
USAGE OF TRADE;
7.3.3 ANY WARRANTIES WITH REGARD TO THE ACCURACY OR
COMPLETENESS OF, ERRORS IN THE CONTENTS OR
FUNCTIONING OF, OR THE ACCURACY OF THE RESULTS OR
OUTPUT THAT DERIVES FROM THE USE OF THE GAME;
7.3.4 ANY WARRANTIES OF MERCHANTABILITY, SATISFACTORY
QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY,
QUIET ENJOYMENT, AND/OR NON-INFRINGEMENT OF
THIRD-PARTY RIGHTS; AND
7.3.5 ANY WARRANTIES REGARDING THE RIGHTS AND TITLE OF RARA
AVIS INTERACTIVE IN THE GAME, OR ANY WARRANTY THAT THE
GAME DOES NOT INFRINGE THE INTELLECTUAL PROPERTY
RIGHTS OF A THIRD PARTY.
7.3.6 RARA AVIS INTERACTIVE DOES NOT WARRANT AGAINST
INTERFERENCE WITH YOUR ENJOYMENT OF THE GAME, THAT
THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR
PROVIDED BY, THE GAME WILL MEET YOUR REQUIREMENTS,
THAT THE OPERATION OF THE GAME OR SERVICES WILL BE
UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE
GAME OR SERVICES WILL BE CORRECTED.
7.4 THESE DISCLAIMERS OF LIABILITY APPLY TO ANY DAMAGES OR
INJURY CAUSED TO YOU OR TO ANY THIRD PARTY INCLUDING,
WITHOUT LIMITATION, AS A RESULT OF ANY FAILURE OF
PERFORMANCE, BUG, ERROR, OMISSION, INTERRUPTION, DELETION,
DEFECT, DELAY IN OPERATION OR TRANSMISSION, VIRUS,
COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR
UNAUTHORIZED ACCESS TO, ALTERATION, INACCESSIBILITY OR LOSS
OF, OR USE OF DATA, INFORMATION AND/OR RECORDS, WHETHER FOR
BREACH OF CONTRACT, TORT, NEGLIGENCE, OR UNDER ANY OTHER
CAUSE OF ACTION.
7.5 WE SPECIFICALLY DO NOT WARRANT OR GUARANTEE (1) THAT THE
GAME OR ANY PORTION THEREOF WILL BE FREE OF INFECTION BY
VIRUSES, OR ANYTHING ELSE MANIFESTING CONTAMINATING OR
DESTRUCTIVE PROPERTIES, OR (2) THAT THE FUNCTIONS PERFORMED
BY THE GAME WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT
DEFECTS IN THE GAME WILL BE CORRECTED.
7.6 IT IS YOUR SOLE RESPONSIBILITY TO EXECUTE ANTI-CONTAMINATION
VIRUS SOFTWARE AND OTHERWISE TAKE STEPS TO ENSURE THAT THE
GAME, IF CONTAMINATED OR INFECTED, WILL NOT DAMAGE YOUR
INFORMATION OR SYSTEM.
7.7 WE ARE NOT LIABLE FOR ANY INFORMATION, SOFTWARE OR OTHER
PRODUCTS THAT ARE DOWNLOADED FROM THE RARA AVIS
INTERACTIVE WEBSITE BY YOU OR INSTALLED ON YOUR COMPUTER.
7.8 NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY RARA AVIS
INTERACTIVE OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A
WARRANTY. SHOULD THE GAME OR SERVICES PROVE DEFECTIVE, YOU
ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR
CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE
STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND
LIMITATIONS MAY NOT APPLY TO YOU.
8. LIMITATION OF LIABILITY.
8.1 IN NO EVENT WILL RARA AVIS INTERACTIVE AND/OR ITS OFFICERS,
DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS,
REPRESENTATIVES, LICENSORS, SUCCESSORS OR ASSIGNS, OR ITS
SUBSIDIARIES, SUPPLIERS OR ITS SUBSIDIARIES’/SUPPLIERS’ OFFICERS,
DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS,
REPRESENTATIVES, LICENSORS, SUCCESSORS OR ASSIGNS, BE LIABLE
TO YOU OR TO ANY THIRD PARTY WHATSOEVER FOR PERSONAL
INJURY OR ANY DAMAGES INCLUDING, BUT NOT LIMITED TO,
INDIRECT, DIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR
CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF PROFITS; BUSINESS INTERRUPTION; LOSS OR
VANDALISM OR THEFT OF DATA, INFORMATION OR PROGRAMS; OR
ANY OTHER COMMERCIAL DAMAGES OR LOSSES) OR ANY OTHER
DAMAGES ARISING IN CONNECTION WITH (OR IN ANY WAY OUT OF)
AND/OR RELATED TO THE AVAILABILITY OF AND/OR YOUR USE OF,
RELIANCE ON, OR INABILITY TO USE THE GAME.
8.2 THE FOREGOING LIMITATION APPLIES EVEN IF RARA AVIS
INTERACTIVE WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8.3 THE FOREGOING LIMITATION APPLIES REGARDLESS OF THE FORM OF
ACTION WHETHER IN CONTRACT, TORT, EQUITY OR OTHERWISE.
8.4 THE DOCTRINE OF FORCE MAJEURE APPLIES AND RARA AVIS
INTERACTIVE SHALL BE EXCUSED FOR ANY DELAY OR FAILURE TO
PERFORM ARISING FROM ANY CAUSE BEYOND ITS REASONABLE
CONTROL INCLUDING, BUT NOT LIMITED TO, ACTS OF GOVERNMENT;
ACTS OF GOD; NATURAL CATASTROPHES; ACTS OF A MANAGER,
RESIDENT, OR SERVICE PROVIDER; INTERNET DISRUPTIONS; LOSS OF
DATA; OR FOR ANY OTHER CUSTOMERY FORCE MAJEURE REASON.
8.5 IF YOU ARE DISSATISFIED WITH THE GAME OR YOU HAVE ANY DISPUTE
WITH RARA AVIS INTERACTIVE IN CONNECTION WITH THE SAME OR
THESE TERMS OF USE THEN YOUR SOLE AND EXCLUSIVE REMEDY IS
TO TERMINATE YOUR ACCOUNT AND CEASE USING THE GAME.
8.6 YOU AGREE TO INDEMNIFY RARA AVIS INTERACTIVE FOR ANY
DAMAGES INCURRED INCLUDING, BUT NOT LIMITED TO, ATTORNEY’S
FEES AND COSTS SHOULD IT BE DETERMINED THAT YOU HAVE USED
RARA AVIS INTERACTIVE’S SOFTWARE AND/OR SERVICES FOR ILLEGAL
SERVICES, PURPOSES, OR PRODUCTS.
8.7 SOME JURISDICTIONS DO NOT ALLOW FOR ALL OR SOME LIMITATIONS
OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO
YOU.
9. ADDITIONAL DISCLAIMERS
9.1 Third Party Links and Products.
9.1.1 IN CONNECTION WITH THE GAME, RARA AVIS INTERACTIVE MAY
PROVIDE YOU WITH LINKS AND/OR ACCESS TO WEBSITES AND
OFFERS FOR PRODUCTS AND SERVICES OF THIRD PARTIES.
9.1.2 RARA AVIS INTERACTIVE HAS NO CONTROL OVER SUCH
WEBSITES OR OVER SUCH PRODUCTS AND SERVICES.
9.1.3 RARA AVIS INTERACTIVE IS NOT RESPONSIBLE FOR AND DOES
NOT ENDORSE (A) THE CONTENT OF SUCH THIRD-PARTY
WEBSITES, (B) THE PRODUCTS OR SERVICES OFFERED BY SUCH
THIRD PARTIES OR (C) THE PRIVACY AND OTHER PRACTICES OF
SUCH THIRD PARTIES.
9.1.4 RARA AVIS INTERACTIVE SPECIFICALLY DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THIRD PARTY
PRODUCTS AND SERVICES INCLUDING, BUT NOT LIMITED TO,
ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, EXCEPT
AS OTHERWISE SPECIFIED IN THIS AGREEMENT OR WHERE SUCH
DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
9.1.5 SUCH THIRD-PARTY WEBSITES MAY SOLICIT PERSONAL
INFORMATION AND SEND COOKIES. RARA AVIS INTERACTIVE IS
NOT RESPONSIBLE FOR AND SPECIFICALLY DISCLAIMS THE
PRIVACY AND SECURITY PRACTICES OF THIRD PARTIES.
9.1.6 THE INCLUSION OF A LINK TO A THIRD-PARTY WEBSITE ON THIS
WEBSITE DOES NOT IMPLY ENDORSEMENT OF THE LINKED
THIRD-PARTY WEBSITE.
9.1.7 WE ARE NOT RESPONSIBLE FOR THE AVAILABILITY OF SUCH
WEBSITES OR PRODUCTS OR SERVICES OFFERED BY SUCH THIRD
PARTIES.
10. PROHIBITION ON EXPORTATION. You may not use or otherwise export or
re-export the Game except as authorized by United States law and the laws of the jurisdiction in
which the Game was obtained. In particular, but without limitation, the Game may not be
exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S.
Treasury Department's list of Specially Designated Nationals or the U.S. Department of
Commerce Denied Person’s List or Entity List. By using the Game, you represent and warrant
that you are not located in any such country or on any such list. You also agree that you will not
use these products for any purposes prohibited by United States law, including, without
limitation, the development, design, manufacture, or production of nuclear, missiles, or chemical
or biological weapons.
11. COMMERCIAL ITEMS. The Game and related documentation are "Commercial
Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer
Software" and "Commercial Computer Software Documentation", as such terms are used in 48
C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48
C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and
Commercial Computer Software Documentation are being licensed to U.S. Government end
users (a) only as Commercial Items and (b) with only those rights as are granted to all other end
users pursuant to the terms and conditions herein. Unpublished rights reserved under the
copyright laws of the United States.
12. Third Party Beneficiary. You acknowledge and agree that STEAM, and STEAM
subsidiaries, are third party beneficiaries of this agreement, and that, upon your acceptance of
these terms and conditions, STEAM will have the right (and will be deemed to have accepted the
right) to enforce this Agreement against you as a third party beneficiary thereof.
13. General Provisions
13.1 Entire Agreement. The Parties agree that this Agreement any additional riders and
other documents incorporated herein (see Sections 13.10 and 13.11), constitute the full
and complete understanding among them with respect to the subject matter hereof and
supersedes and preempts any prior understandings, agreements, or representations by or
among the Parties, written or oral, which may have related to the subject matter hereof in
any way.
13.2 Savings Clause. In the event that any provision of this Agreement, any riders, or any
document incorporated herein is held to be void or unenforceable by a Court of
competent jurisdiction, the remaining provisions of this Agreement and/or such document
shall nevertheless be binding upon the Parties with the same effect as though the void or
unenforceable part had been deleted. Further, any provision held to be void or
unenforceable by a Court of competent jurisdiction shall be construed, if possible, to give
effect to the Parties’ intent. The Parties agree that any such provision, in its form so
modified by the court, shall then be enforceable and shall be enforced.
13.3 Paragraph and Section Headings. Paragraph and Section headings are for
convenience only and shall not be used to construe the provisions of this Agreement or
otherwise be given any legal effect.
13.4 Signatures. The Parties agree that in the event Rara Avis Interactive seeks to have
this Agreement executed with electronic or written signatures, you shall so execute a
copy of this Agreement with electronic or written signatures. The Parties agree that
facsimile signatures shall have the same force as original signatures.
13.5 Reasonableness. The Parties have read each of the terms in this Agreement as well as
any incorporated documents and riders and consider each of them, including all subparts,
to be reasonable.
13.6 Indemnification. You agree that you shall indemnify and hold Rara Avis Interactive,
the owners and operators of Rara Avis Interactive, as well as their officers, agents,
directors and employees, harmless against any and all claims, expenses and/or losses,
including reasonable attorney’s fees, made by any third party due to or arising from your
use of the Game or from information submitted, electronically received, viewed, printed,
downloaded, or transmitted through the Game, your use of the Game, your violation of
this Agreement, and/or your violation of any rights of any other person or entity.
13.7 Waiver. No employee, agent or representative, including without limitation a
customer service representative, of ours shall be entitled to waive any term of this
Agreement. No waiver of any breach of any provision of this Agreement shall constitute a
waiver of any prior, concurrent, or subsequent breach of the same or any other provision
hereof, and no waiver shall be effective unless made in writing and signed by an
authorized representative of the waiving party.
13.8 Applicable Law. This Agreement shall be construed and enforced in accordance with
the laws of the State of Illinois exclusively. The venue for any action, dispute or
proceeding with respect to this Agreement shall be exclusively Cook County, Illinois.
Any disputes arising under this Agreement shall be brought solely and exclusively within
the state and/or federal courts located in Cook County, Illinois.
13.9 Limitation of Liability. Rara Avis Interactive shall not be held liable for any special,
indirect, incidental, or consequential damages arising out of or connected with this
Agreement or with any of the services provided hereunder, regardless of whether a claim
is based on contract, tort, strict liability, or otherwise, or whether caused by Rara Avis
Interactive, its agents, employees, subsidiaries, representatives, assigns, or otherwise.
Your damages shall not exceed the total amount paid to license the Game, whether or not
such remedy fails of its essential purpose. You shall provide Rara Avis Interactive timely
written notice of any error, omission, or violation of any third party of any kind
immediately upon learning of same.
13.10 Incorporation Clause. This Agreement shall incorporate the terms provided for in:
13.10.1 Privacy and Security Policy (available at
http://rara-avis-interactive.com/privacy)
13.10.2 Usage Rules set forth in STEAM (the “Usage Rules”).
13.11 Riders. Riders may accompany this Agreement. If Riders have been attached to this
Agreement and executed by both Parties, such Riders shall be specifically identified by
title below and treated as incorporated herein by reference:
13.11.1 [No Riders Have Been Attached.]
13.12 Notices: Any notice required pursuant to this Agreement shall be made in writing by
First Class Mail or transmitted through facsimile (provided there is confirmation of
receipt of such transmission).
13.12.1 For You: A written notice from Rara Avis Interactive to you shall be
delivered to you at the email address provided when you paid for the Game.
13.12.2 For Company: A written notice from you to Rara Avis Interactive shall
be delivered to Rara Avis Interactive in care of Charles Lee Mudd Jr., Mudd Law
Offices, 411 South Sangamon Street, Suite 1W, Chicago, Illinois 60607
13.12.3 Either party may hereafter designate a substitute address by which written
notice to the other may be made.
13.12.4 The date of mailing or transmission of any such notice to either party, if
evidenced by confirmation or tracking number, will be deemed the date of service
thereof. Where confirmation of delivery is unavailable, service shall be deemed to
have been made on the date notice is received.
13.13 Restricted Locations.
13.13.1 The Game may not be accessed, viewed, downloaded, or otherwise received in
any country or location in which doing so would or could be deemed a violation
of any law, regulation, rule, ordinance, edict, or custom.
13.13.2 The Game may not be used by and is not directed at any country or region
currently embargoed by the United States. By downloading or using the Game,
you agree to the foregoing, and you warrant that you are not located in, or under
the control of, or a national or resident of any such country or region.
13.14 Available Relief. For any violation of this Agreement, the Parties shall be entitled to
the following relief in addition to any other relief and/or remedies provided for by law:
13.14.1 Injunctive Relief.
13.14.1.1 Upon the anticipated breach, breach, or threatened breach of any
provision of this Agreement by a party, the non-breaching party
shall be entitled to immediate injunctive relief, either pendente
lite and permanently, without the posting of a bond or other
security, since any remedy at law would be inadequate and
insufficient.
13.14.1.2 Each party further agrees and acknowledges that either party
shall be entitled to seek and obtain any form of injunctive relief,
whether a temporary restraining order, preliminary injunction,
permanent injunction, or other injunctive relief, without
opposition for purposes of enjoining any violation and/or
continued violation of any provision of this Agreement.
13.14.2 Damages. The Parties shall be entitled to pursue any and all monetary damages
resulting from breach of this Agreement by the other party.
13.14.3 Punitive Damages. Each party reserves the right to seek punitive damages against
the other party.
13.14.4Nothing in this Agreement shall be construed as limiting remedies or the
combination of remedies available to Company.
END USER LICENSE AGREEMENT
AND
TERMS OF SERVICE
OVERVIEW
THIS END USER AGREEMENT AND TERMS OF SERVICE (“EULA” or
“AGREEMENT”) REPRESENTS A LEGAL AGREEMENT BETWEEN YOU AND
RARA AVIS INTERACTIVE, LLC. ("RARA AVIS INTERACTIVE") STATING THE
TERMS THAT GOVERN YOUR USE OF SKY BASE VENUS ("GAME").
THIS EULA INCLUDES BY REFERENCE ALL ADDITIONAL TERMS, CHANGES,
UPDATES, SOFTWARE LICENSES, AND RULES AND POLICIES ESTABLISHED BY
RARA AVIS INTERACTIVE.
YOU MUST READ ALL TERMS CONTAINED WITHIN THIS EULA. BY INSTALLING
THE GAME, YOU HAVE INDICATED YOUR ACKNOWLEDGEMENT THAT YOU
HAVE READ AND AGREED TO ALL SUCH TERMS CONTAINED IN THIS EULA. IF
YOU DO NOT AGREE TO THE TERMS CONTAINED IN THIS EULA, YOU MAY NOT
INSTALL OR USE THE APPLICATION. RARA AVIS INTERACTIVE MAY REFUSE
ACCESS TO THE GAME FOR BREACH OF OR NONCOMPLIANCE WITH ANY
PART OF THIS AGREEMENT.
IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS EULA, CLICK ON THE
“DO NOT AGREE” BUTTON WHICH INDICATES THAT YOU DO NOT AGREE TO
ACCEPT THE TERMS OF THIS EULA AND WILL NOT COMPLETE INSTALLATION
OF THE GAME. BY CLICKING "I AGREE," YOU: (A) ACKNOWLEDGE THAT YOU
HAVE READ THIS EULA; (B) AGREE TO BE BOUND BY ITS TERMS AND
CONDITIONS; (C) ARE AUTHORIZED AND ABLE TO ACCEPT THIS EULA. YOUR
USE OF THE GAME IS ALSO SUBJECT TO THE TERMS AND CONDITIONS SET
FORTH IN STEAM AGREEMENT AND/OR ANY OTHER TERMS SET FORTH BY
VALVE CORP. IN RELATION TO THE GAME SERVICE.
1. Definitions.
1.1 “Game” means “Sky Base Venus” and any applicable upgrades, documentation,
interfaces, content, and any data that came therewith and/or is created thereby.
1.2 “Game Account” means any account you are required to create, either with or for Rara
Avis Interactive, or an applicable Game Service, in order to access the Game.
1.3 “Game Service” means the service used by the end user to access the Game.
1.4 “Rara Avis Interactive Trademarks” means the trademarks owned by Rara Avis
Interactive, whether registered or not.
1.5 “Services” means any services and websites from Rara Avis Interactive and/or third
parties to which the Game provides access.
2. Restrictions
2.1 Your Accounts shall not be transferred, sold, or used by anyone else. Regardless, you are
liable for all activities conducted through your Accounts. Furthermore, you shall not
assign or transfer your rights and obligations under this EULA.
2.2 Any use, reproduction or redistribution of the Game, Game related contents or services
not expressly authorized by this EULA is expressly prohibited and may result in severe
civil and criminal penalties.
2.3 You are strictly prohibited from engaging in, or assisting others to engage in, conduct that
would damage or impair the quality or property of the Game including, without
limitation, the following:
2.3.1 Copying, distributing, transmitting, displaying, performing, framing, linking,
hosting, caching, reproducing, publishing, licensing, or creating derivative works
from any information, software, products, or services obtained from the Game
2.3.2 Modifying, reverse engineering, disassembling, or decompiling the Game
2.3.3 Using intellectual property contained in the Game to create derivatives or to
provide any other means through which others may play the Game such as
through server emulators
2.3.4 Taking actions that impose an unreasonable or disproportionately large load on
online network infrastructure or that could damage, disable, overburden, or impair
any services provided
2.3.5 Interfering with any other party's use and enjoyment of the Game (including
cheating)
2.3.6 Attempting to gain unauthorized access to third party Accounts or the Game via
any means
2.3.7 Violating terms and conditions set forth in the STEAM Subscriber Agreement
and/or any other terms set forth by VALVE CORP. and/or Rara Avis Interactive.
in relation to the game service.
2.4 You are strictly prohibited from selling, gifting (except as permitted herein) or
exchanging Digital Objects or other virtual Game items for currency or other value
outside of the Game.
2.5 In addition to any other rights and remedies available to Rara Avis Interactive, if Rara
Avis Interactive believes you have, or will engage in any of the above conduct in this
section, it may, in its sole discretion and without notice, terminate your access to the
GAME and suspend or deactivate your accounts with no liability to it relating thereto.
3. Permitted License Uses and Restrictions:
3.1 You are aware that the Game, documentation, interfaces, content, and any data that came
with the Game, as may be updated or replaced by feature enhancements or software
updates, in any media or form, are licensed, not sold, to you by Rara Avis Interactive,
LLC. (“Rara Avis Interactive”) for use only under the terms of this End User License and
Agreement. Rara Avis Interactive and its licensors retain ownership of the Game itself
and reserve all rights not expressly granted to you.
3.2 By this Agreement, Rara Avis Interactive grants to you a limited, non-transferable license
to use the Game on any device that you own or control, subject to the terms contained
within this Agreement and as permitted by any applicable Usage Rules set forth by
STEAM in relation to the Game Service.
3.3 Limitations on License.
3.3.1 This license does not allow you to use the Game on any device that you do not
own or control.
3.3.2 You may not distribute or make the Game available over a network.
3.3.3 You may not allow the Game to be used on multiple devices at the same time.
3.3.4 You may not rent, lease, lend, redistribute, sell, or sublicense the Game.
3.3.5 You may not copy (except as expressly permitted by this Agreement and any
applicable Usage Rules), decompile, reverse engineer, disassemble, attempt to
derive the source code of, modify, or create derivative works of the Game, any
updates, or any part thereof (except as and only to the extent any foregoing
restriction is prohibited by applicable law or to the extent as may be permitted by
the licensing terms governing use of any open sourced components included with
the Game). Any attempt to do so is a violation of the rights of Rara Avis
Interactive and its licensors. If you breach this restriction, you may be subject to
prosecution and damages.
3.4 The terms of the license will govern any upgrades provided by Rara Avis Interactive that
replace and/or supplement the original Game unless such upgrade is accompanied by a
separate license in which case the terms of that license will govern.
3.5 Duration of License. The license is effective until terminated by you or Rara Avis
Interactive. Your rights under this license will terminate automatically without notice
from the Rara Avis Interactive if you fail to comply with any term(s) of this license. Upon
termination of the license, you shall cease all use of the Game, and destroy all copies, full
or partial, of the Game.
4. Term and Termination
4.1 This EULA is effective unless and until terminated by either you or Rara Avis Interactive.
Your rights under this EULA terminate upon the termination of your Game Account
under this EULA. Rara Avis Interactive. may, at any time, for any reason and in its sole
discretion, terminate this EULA, deactivate your Accounts, or discontinue its use of the
Game Service with or without notice to you and with no liability to you. In addition, Rara
Avis Interactive at its sole discretion, may immediately terminate this EULA and deny
you access to the Game, the Game Service, and your Accounts at any time without notice
if:
4.1.1 You breach any provision of this EULA;
4.1.2 You infringe any third-party intellectual property rights;
4.1.3 Rara Avis Interactive is unable to verify or authenticate any information you
provide to Rara Avis Interactive;
4.1.4 You engage in game play, chat, or any player activity whatsoever which is, in our
sole discretion, inappropriate and/or in violation of the spirit of the Game or
Game Service
4.1.5 You violate the STEAM, Subscriber Agreement and/or other agreements by that
VALVE, and/or Rara Avis Interactive. that you consented to play the Game.
4.2 Upon termination of the EULA, for any reason whatsoever, by either you or Rara Avis
Interactive:
4.2.1 You will immediately discontinue use of the Game, the Game Service, and your
Accounts; and,
4.2.2 All rights granted to you under this EULA will immediately terminate.
5. Consent to Collection and Use of Data. Playing the Game requires an Internet
connection to servers of Rara Avis Interactive via the Game Service. As part of playing the Game
and using its service, you hereby explicitly consent to the extraction of hardware system profile
data, internet connection data and any other data related to the operation of the Game through the
Game Service from any computer that logs on to the Game Service using your Account. Rara
Avis Interactive. may deploy or provide patches, updates and modifications to the Game that
must be installed for the user to continue to play the Game. Rara Avis Interactive may update the
Game remotely including, without limitation, the Game software residing on the user’s machine,
without the knowledge of the user, and you hereby grant Rara Avis Interactive. your consent to
deploy and apply such patches, updates, and modifications. Rara Avis Interactive may
periodically collect and use technical information about your device that may include, but not be
limited to, information related to your system, application software, and peripherals. Provided
such information cannot identify you personally, Rara Avis Interactive may use this information
to improve its products or to provide services or technologies to you and others. Additional
details related to Rara Avis Interactive’s collection and use of customer information can be found
in its Privacy and Security Policy which has been incorporated by reference herein.
6. Ownership Rights and Intellectual Property Rights
6.1 Copyright. All of the information and content (in any format whatsoever) found within
the Game is owned by Rara Avis Interactive.
6.1.1 Rara Avis Interactive considers the contents of and all materials within the Game
to be copyrighted and proprietary; valuable intellectual property; and protected
under United States copyright laws as well as treaty provisions and worldwide
copyright laws.
6.1.2 The Game, including any portion thereof, may not be reproduced, copied, edited,
published, transmitted, or uploaded in any way without written permission from
Rara Avis Interactive.
6.1.3 Rara Avis Interactive provides you with a limited license to view materials
displayed when using the Game for reasonable use and pursuant to this
Agreement.
6.2 Trademarks.
6.2.1 Nothing in the Game should be construed as granting, by implication, estoppel or
otherwise, any license or right to use any of the Rara Avis Interactive Trademarks
displayed through the Game without prior written permission.
6.2.2 All goodwill generated from the Rara Avis Interactive Trademarks will inure
solely to Rara Avis Interactive’s benefit.
6.2.3 The Game may identify other corporations or businesses (who may or may not
endorse or be affiliated with or connected to Rara Avis Interactive) by their brand,
corporate, product and trade names and their trademarks. Such names and
trademarks remain the property of their respective owners.
6.2.3.1 All other marks and names mentioned herein may be trademarks of their
respective companies.
6.2.4 Rara Avis Interactive reserves the right to restrict the use of its name, system,
logo, and software.
7. DISCLAIMER OF WARRANTIES.
7.1 TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, THE
GAME IS PROVIDED TO YOU “AS IS,” “WITH ALL FAULTS,” “AS
AVAILABLE,” AND WITHOUT WARRANTY OF ANY KIND, EITHER
EXPRESS OR IMPLIED.
7.2 YOUR USE OF THE GAME IS AT YOUR SOLE RISK. ADDITIONALLY, THE
ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, AND
EFFORT RELATED TO THE GAME RESIDES WITH YOU.
7.3 TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, RARA
AVIS INTERACTIVE SPECIFICALLY DISCLAIMS ANY AND ALL
WARRANTIES, WHETHER EXPRESS OR IMPLIED OR STATUTORY,
INCLUDING, BUT NOT LIMITED TO:
7.3.1 ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY,
RELIABILITY, COMPLETENESS, CAPABILITIES, SECURITY,
TIMELINESS, USEFULNESS OR CONTENT OF THE GAME OR THE
ABILITY OF THE GAME TO INTEROPERATE OR INTEGRATE WITH
ANY THIRD-PARTY PRODUCTS SUCH AS SOFTWARE OR
HARDWARE;
7.3.2 ANY WARRANTIES RESULTING FROM A COURSE OF DEALING OR
USAGE OF TRADE;
7.3.3 ANY WARRANTIES WITH REGARD TO THE ACCURACY OR
COMPLETENESS OF, ERRORS IN THE CONTENTS OR
FUNCTIONING OF, OR THE ACCURACY OF THE RESULTS OR
OUTPUT THAT DERIVES FROM THE USE OF THE GAME;
7.3.4 ANY WARRANTIES OF MERCHANTABILITY, SATISFACTORY
QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY,
QUIET ENJOYMENT, AND/OR NON-INFRINGEMENT OF
THIRD-PARTY RIGHTS; AND
7.3.5 ANY WARRANTIES REGARDING THE RIGHTS AND TITLE OF RARA
AVIS INTERACTIVE IN THE GAME, OR ANY WARRANTY THAT THE
GAME DOES NOT INFRINGE THE INTELLECTUAL PROPERTY
RIGHTS OF A THIRD PARTY.
7.3.6 RARA AVIS INTERACTIVE DOES NOT WARRANT AGAINST
INTERFERENCE WITH YOUR ENJOYMENT OF THE GAME, THAT
THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR
PROVIDED BY, THE GAME WILL MEET YOUR REQUIREMENTS,
THAT THE OPERATION OF THE GAME OR SERVICES WILL BE
UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE
GAME OR SERVICES WILL BE CORRECTED.
7.4 THESE DISCLAIMERS OF LIABILITY APPLY TO ANY DAMAGES OR
INJURY CAUSED TO YOU OR TO ANY THIRD PARTY INCLUDING,
WITHOUT LIMITATION, AS A RESULT OF ANY FAILURE OF
PERFORMANCE, BUG, ERROR, OMISSION, INTERRUPTION, DELETION,
DEFECT, DELAY IN OPERATION OR TRANSMISSION, VIRUS,
COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR
UNAUTHORIZED ACCESS TO, ALTERATION, INACCESSIBILITY OR LOSS
OF, OR USE OF DATA, INFORMATION AND/OR RECORDS, WHETHER FOR
BREACH OF CONTRACT, TORT, NEGLIGENCE, OR UNDER ANY OTHER
CAUSE OF ACTION.
7.5 WE SPECIFICALLY DO NOT WARRANT OR GUARANTEE (1) THAT THE
GAME OR ANY PORTION THEREOF WILL BE FREE OF INFECTION BY
VIRUSES, OR ANYTHING ELSE MANIFESTING CONTAMINATING OR
DESTRUCTIVE PROPERTIES, OR (2) THAT THE FUNCTIONS PERFORMED
BY THE GAME WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT
DEFECTS IN THE GAME WILL BE CORRECTED.
7.6 IT IS YOUR SOLE RESPONSIBILITY TO EXECUTE ANTI-CONTAMINATION
VIRUS SOFTWARE AND OTHERWISE TAKE STEPS TO ENSURE THAT THE
GAME, IF CONTAMINATED OR INFECTED, WILL NOT DAMAGE YOUR
INFORMATION OR SYSTEM.
7.7 WE ARE NOT LIABLE FOR ANY INFORMATION, SOFTWARE OR OTHER
PRODUCTS THAT ARE DOWNLOADED FROM THE RARA AVIS
INTERACTIVE WEBSITE BY YOU OR INSTALLED ON YOUR COMPUTER.
7.8 NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY RARA AVIS
INTERACTIVE OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A
WARRANTY. SHOULD THE GAME OR SERVICES PROVE DEFECTIVE, YOU
ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR
CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE
STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND
LIMITATIONS MAY NOT APPLY TO YOU.
8. LIMITATION OF LIABILITY.
8.1 IN NO EVENT WILL RARA AVIS INTERACTIVE AND/OR ITS OFFICERS,
DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS,
REPRESENTATIVES, LICENSORS, SUCCESSORS OR ASSIGNS, OR ITS
SUBSIDIARIES, SUPPLIERS OR ITS SUBSIDIARIES’/SUPPLIERS’ OFFICERS,
DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS,
REPRESENTATIVES, LICENSORS, SUCCESSORS OR ASSIGNS, BE LIABLE
TO YOU OR TO ANY THIRD PARTY WHATSOEVER FOR PERSONAL
INJURY OR ANY DAMAGES INCLUDING, BUT NOT LIMITED TO,
INDIRECT, DIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR
CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF PROFITS; BUSINESS INTERRUPTION; LOSS OR
VANDALISM OR THEFT OF DATA, INFORMATION OR PROGRAMS; OR
ANY OTHER COMMERCIAL DAMAGES OR LOSSES) OR ANY OTHER
DAMAGES ARISING IN CONNECTION WITH (OR IN ANY WAY OUT OF)
AND/OR RELATED TO THE AVAILABILITY OF AND/OR YOUR USE OF,
RELIANCE ON, OR INABILITY TO USE THE GAME.
8.2 THE FOREGOING LIMITATION APPLIES EVEN IF RARA AVIS
INTERACTIVE WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8.3 THE FOREGOING LIMITATION APPLIES REGARDLESS OF THE FORM OF
ACTION WHETHER IN CONTRACT, TORT, EQUITY OR OTHERWISE.
8.4 THE DOCTRINE OF FORCE MAJEURE APPLIES AND RARA AVIS
INTERACTIVE SHALL BE EXCUSED FOR ANY DELAY OR FAILURE TO
PERFORM ARISING FROM ANY CAUSE BEYOND ITS REASONABLE
CONTROL INCLUDING, BUT NOT LIMITED TO, ACTS OF GOVERNMENT;
ACTS OF GOD; NATURAL CATASTROPHES; ACTS OF A MANAGER,
RESIDENT, OR SERVICE PROVIDER; INTERNET DISRUPTIONS; LOSS OF
DATA; OR FOR ANY OTHER CUSTOMERY FORCE MAJEURE REASON.
8.5 IF YOU ARE DISSATISFIED WITH THE GAME OR YOU HAVE ANY DISPUTE
WITH RARA AVIS INTERACTIVE IN CONNECTION WITH THE SAME OR
THESE TERMS OF USE THEN YOUR SOLE AND EXCLUSIVE REMEDY IS
TO TERMINATE YOUR ACCOUNT AND CEASE USING THE GAME.
8.6 YOU AGREE TO INDEMNIFY RARA AVIS INTERACTIVE FOR ANY
DAMAGES INCURRED INCLUDING, BUT NOT LIMITED TO, ATTORNEY’S
FEES AND COSTS SHOULD IT BE DETERMINED THAT YOU HAVE USED
RARA AVIS INTERACTIVE’S SOFTWARE AND/OR SERVICES FOR ILLEGAL
SERVICES, PURPOSES, OR PRODUCTS.
8.7 SOME JURISDICTIONS DO NOT ALLOW FOR ALL OR SOME LIMITATIONS
OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO
YOU.
9. ADDITIONAL DISCLAIMERS
9.1 Third Party Links and Products.
9.1.1 IN CONNECTION WITH THE GAME, RARA AVIS INTERACTIVE MAY
PROVIDE YOU WITH LINKS AND/OR ACCESS TO WEBSITES AND
OFFERS FOR PRODUCTS AND SERVICES OF THIRD PARTIES.
9.1.2 RARA AVIS INTERACTIVE HAS NO CONTROL OVER SUCH
WEBSITES OR OVER SUCH PRODUCTS AND SERVICES.
9.1.3 RARA AVIS INTERACTIVE IS NOT RESPONSIBLE FOR AND DOES
NOT ENDORSE (A) THE CONTENT OF SUCH THIRD-PARTY
WEBSITES, (B) THE PRODUCTS OR SERVICES OFFERED BY SUCH
THIRD PARTIES OR (C) THE PRIVACY AND OTHER PRACTICES OF
SUCH THIRD PARTIES.
9.1.4 RARA AVIS INTERACTIVE SPECIFICALLY DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THIRD PARTY
PRODUCTS AND SERVICES INCLUDING, BUT NOT LIMITED TO,
ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, EXCEPT
AS OTHERWISE SPECIFIED IN THIS AGREEMENT OR WHERE SUCH
DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
9.1.5 SUCH THIRD-PARTY WEBSITES MAY SOLICIT PERSONAL
INFORMATION AND SEND COOKIES. RARA AVIS INTERACTIVE IS
NOT RESPONSIBLE FOR AND SPECIFICALLY DISCLAIMS THE
PRIVACY AND SECURITY PRACTICES OF THIRD PARTIES.
9.1.6 THE INCLUSION OF A LINK TO A THIRD-PARTY WEBSITE ON THIS
WEBSITE DOES NOT IMPLY ENDORSEMENT OF THE LINKED
THIRD-PARTY WEBSITE.
9.1.7 WE ARE NOT RESPONSIBLE FOR THE AVAILABILITY OF SUCH
WEBSITES OR PRODUCTS OR SERVICES OFFERED BY SUCH THIRD
PARTIES.
10. PROHIBITION ON EXPORTATION. You may not use or otherwise export or
re-export the Game except as authorized by United States law and the laws of the jurisdiction in
which the Game was obtained. In particular, but without limitation, the Game may not be
exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S.
Treasury Department's list of Specially Designated Nationals or the U.S. Department of
Commerce Denied Person’s List or Entity List. By using the Game, you represent and warrant
that you are not located in any such country or on any such list. You also agree that you will not
use these products for any purposes prohibited by United States law, including, without
limitation, the development, design, manufacture, or production of nuclear, missiles, or chemical
or biological weapons.
11. COMMERCIAL ITEMS. The Game and related documentation are "Commercial
Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer
Software" and "Commercial Computer Software Documentation", as such terms are used in 48
C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48
C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and
Commercial Computer Software Documentation are being licensed to U.S. Government end
users (a) only as Commercial Items and (b) with only those rights as are granted to all other end
users pursuant to the terms and conditions herein. Unpublished rights reserved under the
copyright laws of the United States.
12. Third Party Beneficiary. You acknowledge and agree that STEAM, and STEAM
subsidiaries, are third party beneficiaries of this agreement, and that, upon your acceptance of
these terms and conditions, STEAM will have the right (and will be deemed to have accepted the
right) to enforce this Agreement against you as a third party beneficiary thereof.
13. General Provisions
13.1 Entire Agreement. The Parties agree that this Agreement any additional riders and
other documents incorporated herein (see Sections 13.10 and 13.11), constitute the full
and complete understanding among them with respect to the subject matter hereof and
supersedes and preempts any prior understandings, agreements, or representations by or
among the Parties, written or oral, which may have related to the subject matter hereof in
any way.
13.2 Savings Clause. In the event that any provision of this Agreement, any riders, or any
document incorporated herein is held to be void or unenforceable by a Court of
competent jurisdiction, the remaining provisions of this Agreement and/or such document
shall nevertheless be binding upon the Parties with the same effect as though the void or
unenforceable part had been deleted. Further, any provision held to be void or
unenforceable by a Court of competent jurisdiction shall be construed, if possible, to give
effect to the Parties’ intent. The Parties agree that any such provision, in its form so
modified by the court, shall then be enforceable and shall be enforced.
13.3 Paragraph and Section Headings. Paragraph and Section headings are for
convenience only and shall not be used to construe the provisions of this Agreement or
otherwise be given any legal effect.
13.4 Signatures. The Parties agree that in the event Rara Avis Interactive seeks to have
this Agreement executed with electronic or written signatures, you shall so execute a
copy of this Agreement with electronic or written signatures. The Parties agree that
facsimile signatures shall have the same force as original signatures.
13.5 Reasonableness. The Parties have read each of the terms in this Agreement as well as
any incorporated documents and riders and consider each of them, including all subparts,
to be reasonable.
13.6 Indemnification. You agree that you shall indemnify and hold Rara Avis Interactive,
the owners and operators of Rara Avis Interactive, as well as their officers, agents,
directors and employees, harmless against any and all claims, expenses and/or losses,
including reasonable attorney’s fees, made by any third party due to or arising from your
use of the Game or from information submitted, electronically received, viewed, printed,
downloaded, or transmitted through the Game, your use of the Game, your violation of
this Agreement, and/or your violation of any rights of any other person or entity.
13.7 Waiver. No employee, agent or representative, including without limitation a
customer service representative, of ours shall be entitled to waive any term of this
Agreement. No waiver of any breach of any provision of this Agreement shall constitute a
waiver of any prior, concurrent, or subsequent breach of the same or any other provision
hereof, and no waiver shall be effective unless made in writing and signed by an
authorized representative of the waiving party.
13.8 Applicable Law. This Agreement shall be construed and enforced in accordance with
the laws of the State of Illinois exclusively. The venue for any action, dispute or
proceeding with respect to this Agreement shall be exclusively Cook County, Illinois.
Any disputes arising under this Agreement shall be brought solely and exclusively within
the state and/or federal courts located in Cook County, Illinois.
13.9 Limitation of Liability. Rara Avis Interactive shall not be held liable for any special,
indirect, incidental, or consequential damages arising out of or connected with this
Agreement or with any of the services provided hereunder, regardless of whether a claim
is based on contract, tort, strict liability, or otherwise, or whether caused by Rara Avis
Interactive, its agents, employees, subsidiaries, representatives, assigns, or otherwise.
Your damages shall not exceed the total amount paid to license the Game, whether or not
such remedy fails of its essential purpose. You shall provide Rara Avis Interactive timely
written notice of any error, omission, or violation of any third party of any kind
immediately upon learning of same.
13.10 Incorporation Clause. This Agreement shall incorporate the terms provided for in:
13.10.1 Privacy and Security Policy (available at
http://rara-avis-interactive.com/privacy)
13.10.2 Usage Rules set forth in STEAM (the “Usage Rules”).
13.11 Riders. Riders may accompany this Agreement. If Riders have been attached to this
Agreement and executed by both Parties, such Riders shall be specifically identified by
title below and treated as incorporated herein by reference:
13.11.1 [No Riders Have Been Attached.]
13.12 Notices: Any notice required pursuant to this Agreement shall be made in writing by
First Class Mail or transmitted through facsimile (provided there is confirmation of
receipt of such transmission).
13.12.1 For You: A written notice from Rara Avis Interactive to you shall be
delivered to you at the email address provided when you paid for the Game.
13.12.2 For Company: A written notice from you to Rara Avis Interactive shall
be delivered to Rara Avis Interactive in care of Charles Lee Mudd Jr., Mudd Law
Offices, 411 South Sangamon Street, Suite 1W, Chicago, Illinois 60607
13.12.3 Either party may hereafter designate a substitute address by which written
notice to the other may be made.
13.12.4 The date of mailing or transmission of any such notice to either party, if
evidenced by confirmation or tracking number, will be deemed the date of service
thereof. Where confirmation of delivery is unavailable, service shall be deemed to
have been made on the date notice is received.
13.13 Restricted Locations.
13.13.1 The Game may not be accessed, viewed, downloaded, or otherwise received in
any country or location in which doing so would or could be deemed a violation
of any law, regulation, rule, ordinance, edict, or custom.
13.13.2 The Game may not be used by and is not directed at any country or region
currently embargoed by the United States. By downloading or using the Game,
you agree to the foregoing, and you warrant that you are not located in, or under
the control of, or a national or resident of any such country or region.
13.14 Available Relief. For any violation of this Agreement, the Parties shall be entitled to
the following relief in addition to any other relief and/or remedies provided for by law:
13.14.1 Injunctive Relief.
13.14.1.1 Upon the anticipated breach, breach, or threatened breach of any
provision of this Agreement by a party, the non-breaching party
shall be entitled to immediate injunctive relief, either pendente
lite and permanently, without the posting of a bond or other
security, since any remedy at law would be inadequate and
insufficient.
13.14.1.2 Each party further agrees and acknowledges that either party
shall be entitled to seek and obtain any form of injunctive relief,
whether a temporary restraining order, preliminary injunction,
permanent injunction, or other injunctive relief, without
opposition for purposes of enjoining any violation and/or
continued violation of any provision of this Agreement.
13.14.2 Damages. The Parties shall be entitled to pursue any and all monetary damages
resulting from breach of this Agreement by the other party.
13.14.3 Punitive Damages. Each party reserves the right to seek punitive damages against
the other party.
13.14.4Nothing in this Agreement shall be construed as limiting remedies or the
combination of remedies available to Company.