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END USER LICENSE AGREEMENTThe herein contained End User License Agreement (the "Agreement" or "License" or "EULA") shall be considered a legallybinding agreement between you (an individual or an entity, hereinafter "Licensee" or "You" or "Your") and Time RealmGames LLCfor the use of the specified software: Esoterica Order, which may include related printed material, media and anyother components and/or software modules, including but not limited to required drivers (the "Product"). Other aspects of theProduct may also include, but are not limited to, software updates and any upgrades necessary that Time Realm Games LLCmay supply to You or make available to You, or that You obtain after the initial copy of the Product, and as such that saiditems are not accompanied by a separate license agreement or terms of use.BY WAY OF THE INSTALLATION, COPYING, DOWNLOADING, ACCESSING OR OTHERWISE USE OF THIS PRODUCT,YOU ARE AGREEING TO BE LEGALLY BOUND BY THE HEREIN CONTAINED TERMS OF THIS LICENSEAGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS EULA, YOU THEN HAVE NO RIGHTSTO THE PRODUCT AND SHOULD THEREFORE NOT INSTALL, COPY, DOWNLOAD, ACCESS NOR USE THEPRODUCT.THIS PRODUCT IS PROTECTED BY COPYRIGHT LAWS, AS WELL AS ANY OTHER INTELLECTUAL PROPERTYLAWS. THIS PRODUCT IS LICENSED AND NOT SOLD.1.DEFINITIONS AND INTERPRETATIONS1.01"Agreement" or "License" or "EULA" shall mean this End User License Agreement.1.02"Licensee" or "You" or "Your" shall mean You, the individual or business entity licensing the Product under of theterms of this Agreement.1.03"Intellectual Property" means current and future worldwide rights under patent law, copyright law, trade secret law,trademark law, moral rights law, and other similar rights.1.04"Update" means maintenance of, or a fix to, a version of Product, including, but not limited to: a hot fix, patch, orenhancement, none of which function as a standalone service or other software package and which do not have anadditional cost for any existing Licensee.1.05"Upgrade" means a major, standalone version of Product, which may include additional applications, features, orfunctionality.1.06A person includes a natural person, corporate or unincorporated body (whether or not having separate legalpersonality) and that person's legal and personal representatives, successors and permitted assigns.1.07Words in the singular shall include the plural and vice versa.1.08A reference to one gender shall include a reference to the other genders.1.09A reference to a statute, statutory provision or subordinate legislation is a reference to it as it is in force from time totime, taking account of any amendment or reenactment and includes any statute, statutory provision or subordinatelegislation which it amends or re-enacts; provided that, as between the Parties, no such amendment or re-enactmentshall apply for the purposes of this Agreement to the extent that it would impose any new or extended obligation,liability or restriction on, or otherwise adversely affect the rights of, any Party.1.10A reference to writing or written includes e-mail.1.11Any obligation in this Agreement on a person not to do something includes an obligation not to agree or allow thatthing to be done.1.12Any phrase introduced by the terms "including", "include", "in particular" or any similar expression shall be construedas illustrative and shall not limit the sense of the words preceding those terms.1.13References to articles, sections, or clauses are to the articles, sections, and clauses of this Agreement.1.14"We", "us", and "our", means Time Realm Games LLC.
2.LICENSE GRANT. Time Realm Games LLCshall grant to You a non-exclusive license for the use and installation ofthe Product subject to all the terms and conditions set forth herein. Furthermore, this EULA shall also govern any andall software Updates and Upgrades provided by Time Realm Games LLCthat would replace, overwrite and/orsupplement the original installed version of the Product, unless those other Updates and Upgrades are covered undera separate license, in which case the terms of that license will govern.3.TERMINATION. Should You breach this EULA, Your right to the use of the Product will immediately terminate andshall terminate without any notice being given. However, all provisions of this EULA, with the exception of the Licensegrant, shall survive termination and will remain in effect. Upon termination of the License grant, You MUST destroy anyand all copies of the Product.4.INTELLECTUAL PROPERTY4.01PROTECTED PRODUCT. The Product is protected by copyright and other Intellectual Property laws and treaties, andas such all rights, title, and interest in and to the content offered, including but not limited to, any photographs, images,video animation, text, and music, that may be incorporated as part of the offered content. Such offered content isprotected by copyright laws and international treaty provisions. Therefore, offered content must be treated as any othercopyrighted material, with the exception that it is allowable for You to make copies as provided by the License.However, printed material, which may accompany any offered content, may not be copied.4.02 NO GRANT OF RIGHTS. Except as expressly stated herein, this Agreement does not grant either Party any rights tothe other's content or any of the other's Intellectual Property. Specifically, Time Realm Games LLC owns all IntellectualProperty rights in Product.4.03RIGHT OF PUBLICITY. You agree, with respect to publicity that: (a) Time Realm Games LLC may include Licenseeor its brand in a list of Licensees, online, or in promotional materials; and (b) Time Realm Games LLC may verballyreference Licensee as a licensee of Product.5.RESTRICTIONS ON USE. As a Licensee, You may not: (a) Make use of the offered content on more than onecomputer at a time, without prior purchase of additional licenses; (b) You may not share, distribute, lend, lease,sublicense or otherwise make available, in any manner whatsoever, to any third party the offered content; (c) Modify,adapt, create derivative works from or translate any part of the offered content other than what may be used withinYour work in accordance with this License; (d) Reverse engineer, decompile or disassemble the offered content, norattempt to locate or obtain its source code; (e) Attempt to alter or remove any trademark, copyright or other proprietarynotice contained within the offered content; or (f) Make use of any offered content in any manner not stipulated withinthis EULA or the documentation accompanying the offered content.6.UPDATES/UPGRADES. Time Realm Games LLCmay find the need to make available Updates or Upgrades for theProduct, in accordance with the herein contained terms and conditions of this EULA. It shall be at the sole discretion ofTime Realm Games LLCto make conditional releases of said Updates or Upgrades to You upon Your acceptance ofanother EULA or execution of another separate agreement. Should You elect to install and make use of these updates,You are therefore agreeing to be subject to all applicable license, terms and conditions of this EULA and/or any otheragreement.7.DISCLAIMER OF WARRANTY. Time Realm Games LLCshall use reasonable efforts consistent with prevailingindustry standards to maintain Product in a manner which minimizes errors and interruptions.HOWEVER, Time Realm Games LLC DOES NOT WARRANT THAT PRODUCT WILL BE UNINTERRUPTED ORERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROMUSE OF PRODUCT.TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS EXPRESSLY PROVIDED FORHEREIN AND NOTWITHSTANDING ANYTHING TO THE CONTRARY, NEITHER PARTY OR ANY OFFICER,DIRECTOR, SUBSIDIARY, AFFILIATE, OR EMPLOYEE OF EITHER PARTY, MAKES ANY OTHER WARRANTYOF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITEDTO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, AND NONINFRINGEMENT.NEITHER Time Realm Games LLCNOR ANY OFFICER, DIRECTOR, SUBSIDIARY, AFFILIATE, OR EMPLOYEEO F Time Realm Games LLCMAKES ANY REPRESENTATION OR WARRANTY ABOUT ANY CONTENT ORINFORMATION MADE ACCESSIBLE BY OR THROUGH PRODUCT.8.LIMITATION OF LIABILITY AND REMEDIES. In spite of any damages that You may or may not incur for any reason,
which may include, but are not limited to, any and all direct or general damages, the entire liability of Time RealmGames LLCand/or any of the aforementioned suppliers covered under the herein contained provisions of this EULA,along with Your exclusive remedy with regards to all of the foregoing, shall hereby be limited to the amount actuallypaid by You for this Product . The aforementioned limitations, exclusions and any disclaimers shall apply to themaximum extent allowable by law, even should any proposed remedy fail its essential purpose.9.EXPORT CONTROLS. By installing the Product, You hereby agree that You will comply with any and all applicableexport laws, restrictions and all regulations of the U.S. Department of Commerce, U.S. Department of Treasury, andany other U.S. or foreign agency or authority with regards to this provision of the EULA. You expressly agree not toexport or re-export, nor allow the export or re-export of the offered content in violation of any such law, restriction orregulation, including without limitation, export or re-export to any country subject to any and all applicable U.S. tradeembargoes or to any prohibited destination, in any group specified in the current "Supplement No. 1 to Part 740 or theCommerce Control List specified in the then current Supplement No. 1 to Part 738 of the U.S. Export AdministrationRegulations (or any successor supplement or regulations)."10.U.S. GOVERNMENT END USERS. The offered content is licensed by the U.S. Government with RESTRICTEDRIGHTS. The use, duplication of, or the disclosure by the U.S. Government, shall be subject to restrictions inaccordance with DFARS 252.227-7013 of the Technical Data and Computer Software clause, and 48 DCR 52.227-19of the Commercial Computer Software clause, as applicable.11.MISCELLANEOUS11.01SUCCESSORS AND ASSIGNS. This EULA, in its entirety, shall be legally binding upon and inure to the benefit ofTime Realm Games LLCand You, our respective successors and permitted assigns.11.02SEVERABILITY. If any provision of this Agreement is held to be illegal, invalid or unenforceable by a court ofcompetent jurisdiction, the remaining provisions shall not be affected.11.03WAIVER.If there is any waiver of any breach or failure to enforce any of the provisions contained herein, it shall notbe deemed as a future waiver of said terms or a waiver of any other provision of this EULA.11.04 AMENDMENTS. Any waiver, supplementation, modification or amendment to any provision of this EULA, shall only beeffective when done so in writing and signed off by Time Realm Games LLCand You.11.05GOVERNING LAW. This EULA shall be governed solely by the laws of the State of California and of the UnitedStates. Should any action arise out of or in relation to this EULA, such action may be brought exclusively in theappropriate federal or state court in Lancaster, California, and as such, You and Time Realm Games LLCirrevocablyconsent to the jurisdiction of said court and venue for Lancaster, California.11.06ASSIGNMENTS. You may not assign or transfer any part of this Licensee without the written consent of Time RealmGames LLC, except that, if a change of control occurs (including a sale or merger), the Party experiencing the changeof control may ensure this License remains in full force and effect by providing written notice to the other Party withinthirty (30) days after the change of control.11.07VALID AND BINDING. This Agreement constitutes a valid and legally binding obligation of the Parties, enforceableagainst the Parties in accordance with its terms, subject in all respects to the effects of bankruptcy, insolvency,fraudulent conveyance, reorganization, moratorium and other laws relating to or affecting creditors' rights generally andgeneral equitable principles.11.08EFFECT OF TITLE AND HEADINGS. The title of the Agreement and the headings of Sections, and Clauses areincluded for convenience and shall not affect the meaning of the Agreement or the Section.11.09FORCE MAJEURE. Except for payment obligations, if either Party is prevented from performing or is unable toperform any of its obligations under this License due to causes beyond the reasonable control of the Party invoking thisprovision, including but not limited to acts of God, acts of civil or military authorities, riots or civil disobedience, wars,strikes or labor disputes (each, a "Force Majeure Event"), such Party's performance shall be excused and the time forperformance shall be extended accordingly provided that the Party immediately takes all reasonably necessary stepsto resume full performance
2.LICENSE GRANT. Time Realm Games LLCshall grant to You a non-exclusive license for the use and installation ofthe Product subject to all the terms and conditions set forth herein. Furthermore, this EULA shall also govern any andall software Updates and Upgrades provided by Time Realm Games LLCthat would replace, overwrite and/orsupplement the original installed version of the Product, unless those other Updates and Upgrades are covered undera separate license, in which case the terms of that license will govern.3.TERMINATION. Should You breach this EULA, Your right to the use of the Product will immediately terminate andshall terminate without any notice being given. However, all provisions of this EULA, with the exception of the Licensegrant, shall survive termination and will remain in effect. Upon termination of the License grant, You MUST destroy anyand all copies of the Product.4.INTELLECTUAL PROPERTY4.01PROTECTED PRODUCT. The Product is protected by copyright and other Intellectual Property laws and treaties, andas such all rights, title, and interest in and to the content offered, including but not limited to, any photographs, images,video animation, text, and music, that may be incorporated as part of the offered content. Such offered content isprotected by copyright laws and international treaty provisions. Therefore, offered content must be treated as any othercopyrighted material, with the exception that it is allowable for You to make copies as provided by the License.However, printed material, which may accompany any offered content, may not be copied.4.02 NO GRANT OF RIGHTS. Except as expressly stated herein, this Agreement does not grant either Party any rights tothe other's content or any of the other's Intellectual Property. Specifically, Time Realm Games LLC owns all IntellectualProperty rights in Product.4.03RIGHT OF PUBLICITY. You agree, with respect to publicity that: (a) Time Realm Games LLC may include Licenseeor its brand in a list of Licensees, online, or in promotional materials; and (b) Time Realm Games LLC may verballyreference Licensee as a licensee of Product.5.RESTRICTIONS ON USE. As a Licensee, You may not: (a) Make use of the offered content on more than onecomputer at a time, without prior purchase of additional licenses; (b) You may not share, distribute, lend, lease,sublicense or otherwise make available, in any manner whatsoever, to any third party the offered content; (c) Modify,adapt, create derivative works from or translate any part of the offered content other than what may be used withinYour work in accordance with this License; (d) Reverse engineer, decompile or disassemble the offered content, norattempt to locate or obtain its source code; (e) Attempt to alter or remove any trademark, copyright or other proprietarynotice contained within the offered content; or (f) Make use of any offered content in any manner not stipulated withinthis EULA or the documentation accompanying the offered content.6.UPDATES/UPGRADES. Time Realm Games LLCmay find the need to make available Updates or Upgrades for theProduct, in accordance with the herein contained terms and conditions of this EULA. It shall be at the sole discretion ofTime Realm Games LLCto make conditional releases of said Updates or Upgrades to You upon Your acceptance ofanother EULA or execution of another separate agreement. Should You elect to install and make use of these updates,You are therefore agreeing to be subject to all applicable license, terms and conditions of this EULA and/or any otheragreement.7.DISCLAIMER OF WARRANTY. Time Realm Games LLCshall use reasonable efforts consistent with prevailingindustry standards to maintain Product in a manner which minimizes errors and interruptions.HOWEVER, Time Realm Games LLC DOES NOT WARRANT THAT PRODUCT WILL BE UNINTERRUPTED ORERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROMUSE OF PRODUCT.TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS EXPRESSLY PROVIDED FORHEREIN AND NOTWITHSTANDING ANYTHING TO THE CONTRARY, NEITHER PARTY OR ANY OFFICER,DIRECTOR, SUBSIDIARY, AFFILIATE, OR EMPLOYEE OF EITHER PARTY, MAKES ANY OTHER WARRANTYOF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITEDTO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, AND NONINFRINGEMENT.NEITHER Time Realm Games LLCNOR ANY OFFICER, DIRECTOR, SUBSIDIARY, AFFILIATE, OR EMPLOYEEO F Time Realm Games LLCMAKES ANY REPRESENTATION OR WARRANTY ABOUT ANY CONTENT ORINFORMATION MADE ACCESSIBLE BY OR THROUGH PRODUCT.8.LIMITATION OF LIABILITY AND REMEDIES. In spite of any damages that You may or may not incur for any reason,
which may include, but are not limited to, any and all direct or general damages, the entire liability of Time RealmGames LLCand/or any of the aforementioned suppliers covered under the herein contained provisions of this EULA,along with Your exclusive remedy with regards to all of the foregoing, shall hereby be limited to the amount actuallypaid by You for this Product . The aforementioned limitations, exclusions and any disclaimers shall apply to themaximum extent allowable by law, even should any proposed remedy fail its essential purpose.9.EXPORT CONTROLS. By installing the Product, You hereby agree that You will comply with any and all applicableexport laws, restrictions and all regulations of the U.S. Department of Commerce, U.S. Department of Treasury, andany other U.S. or foreign agency or authority with regards to this provision of the EULA. You expressly agree not toexport or re-export, nor allow the export or re-export of the offered content in violation of any such law, restriction orregulation, including without limitation, export or re-export to any country subject to any and all applicable U.S. tradeembargoes or to any prohibited destination, in any group specified in the current "Supplement No. 1 to Part 740 or theCommerce Control List specified in the then current Supplement No. 1 to Part 738 of the U.S. Export AdministrationRegulations (or any successor supplement or regulations)."10.U.S. GOVERNMENT END USERS. The offered content is licensed by the U.S. Government with RESTRICTEDRIGHTS. The use, duplication of, or the disclosure by the U.S. Government, shall be subject to restrictions inaccordance with DFARS 252.227-7013 of the Technical Data and Computer Software clause, and 48 DCR 52.227-19of the Commercial Computer Software clause, as applicable.11.MISCELLANEOUS11.01SUCCESSORS AND ASSIGNS. This EULA, in its entirety, shall be legally binding upon and inure to the benefit ofTime Realm Games LLCand You, our respective successors and permitted assigns.11.02SEVERABILITY. If any provision of this Agreement is held to be illegal, invalid or unenforceable by a court ofcompetent jurisdiction, the remaining provisions shall not be affected.11.03WAIVER.If there is any waiver of any breach or failure to enforce any of the provisions contained herein, it shall notbe deemed as a future waiver of said terms or a waiver of any other provision of this EULA.11.04 AMENDMENTS. Any waiver, supplementation, modification or amendment to any provision of this EULA, shall only beeffective when done so in writing and signed off by Time Realm Games LLCand You.11.05GOVERNING LAW. This EULA shall be governed solely by the laws of the State of California and of the UnitedStates. Should any action arise out of or in relation to this EULA, such action may be brought exclusively in theappropriate federal or state court in Lancaster, California, and as such, You and Time Realm Games LLCirrevocablyconsent to the jurisdiction of said court and venue for Lancaster, California.11.06ASSIGNMENTS. You may not assign or transfer any part of this Licensee without the written consent of Time RealmGames LLC, except that, if a change of control occurs (including a sale or merger), the Party experiencing the changeof control may ensure this License remains in full force and effect by providing written notice to the other Party withinthirty (30) days after the change of control.11.07VALID AND BINDING. This Agreement constitutes a valid and legally binding obligation of the Parties, enforceableagainst the Parties in accordance with its terms, subject in all respects to the effects of bankruptcy, insolvency,fraudulent conveyance, reorganization, moratorium and other laws relating to or affecting creditors' rights generally andgeneral equitable principles.11.08EFFECT OF TITLE AND HEADINGS. The title of the Agreement and the headings of Sections, and Clauses areincluded for convenience and shall not affect the meaning of the Agreement or the Section.11.09FORCE MAJEURE. Except for payment obligations, if either Party is prevented from performing or is unable toperform any of its obligations under this License due to causes beyond the reasonable control of the Party invoking thisprovision, including but not limited to acts of God, acts of civil or military authorities, riots or civil disobedience, wars,strikes or labor disputes (each, a "Force Majeure Event"), such Party's performance shall be excused and the time forperformance shall be extended accordingly provided that the Party immediately takes all reasonably necessary stepsto resume full performance