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Become an Adventurer End User License Agreement
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE SOFTWARE PRODUCT.
This End User License Agreement for the computer game “Become an Adventurer” (“Agreement”, “License”) governs the legal relationship between you, on the one hand, and IVAMAR Games, on the other hand.
This agreement is concluded by the parties in relation to the computer game “Become an Adventurer” (“Game”), all software included in the Game and related to the Game, all patches and add-ons for the Game, all online components of the Game, all sites with limited access and all other IVAMAR Games services in relation to the Game (including CD and/or DVD identification components), all alpha, beta, demo, pre-release, paid, free, gift versions of the items listed above, and any accompanying documentation (collectively, the “Software” ").
IVAMAR Games HEREBY INVITES YOU PERSONALLY TO ENTER INTO AN AGREEMENT FOR THE USE OF THE SOFTWARE CONDITIONED ON YOUR ACCEPTANCE OF ALL PROVISIONS OF THE AGREEMENT.
PLEASE READ THE TERMS AND CONDITIONS OF THE AGREEMENT CAREFULLY BEFORE CLICKING THE “YES” BUTTON AND ACCEPT THE TERMS OF THE AGREEMENT. By clicking "YES" to accept the terms of the Agreement and/or by beginning to use the Software, install or copy the Software to your computer's hard drive, random access memory or other storage device, you acknowledge that you have read this Agreement, understand and agree to comply with all its terms.
By clicking the “No” button or otherwise refusing to click the “Yes” button to accept the terms of the Agreement, you refuse the offer to enter into the Agreement. If You do not agree to the terms of the Agreement, You must immediately (1) stop installing (or uninstalling) and using the Software and other materials associated with the Software; (2) completely delete all copies of the Software and related files from your computer; (3) promptly return the Software along with its packaging and other materials,included in the copy of the Software you purchased, as well as the original cash register and/or sales receipt to the store where the Software was purchased, to return the money paid for the Software or exchange the Software for another product, depending on the terms of the purchase and sale agreement copy of the Software concluded between you and the seller. In case of returning the Software, the moneyreturned to you by the seller is your sole remedy and our sole obligation in connection with your purchase of the Software.
1. Grant of License. IVAMAR Games grants you, under a non-exclusive license, the right to personal, non-commercial use of the Software under the terms of this Agreement and accompanying documentation. You acquire the rights set forth in this Agreement, and you also acquire the right to receive additional content from IVAMAR Games, subject to your acceptance of the terms of the Agreement and registration of the Software (including providing a valid email address and activation code as requested).Any commercial use of the Software is prohibited. You also may not sublicense, rent, lease, or otherwise distribute the Software or the right to use the Software. The Agreement begins upon installation or other use of the Software and continues until the earlier of (1) your cessation of use of the Software;
(2) termination of this Agreement. Certain terms of the Agreement may apply to Your use of online services related to the Software.If the terms of the Agreement are changed, you will be notified of this additionally, and you will be required to accept such conditions for further use of the Software. IVAMAR Games reserves all rights in and to the Software not expressly granted to you in this Agreement.2. Transfer of rights. Subject to technical protections that may be installed in Your version of the Software (described in more detail below), You may permanently assign all rights granted to You by IVAMAR Games under this Agreement to a third party, provided that: a) You delete all copies of the Software software and other materials related to the Software from all technical elements of your computer on which the Software and/or other materials related to the Software were installed; b) you will not retain a single copy of other materials related to the Software;c) You have completely transferred all elements of the Software (including all components, multimedia and printed materials, the unique CD code and all updates) to a recipient located in the same country as You; d) the recipient has read and agreed to all the terms of this Agreement.
3. Primary conditions of the License. As stated in Section 1 of the Agreement, the rights specified in the Agreement will be granted to you only under the following conditions: A. You accepted the terms of the Agreement and clicked the “YES” button;B. You agree to comply with all terms of the Agreement until such time that all elements The Software will be removed from your computer; B. You will use the Software only on a computer that meets the specifications; D. You have installed the security features described in Section 4 of the Agreement, and You agree not to remove such features until all elements of the Software have been removed from Your computer; E. You agree not to use any programs installed on your or any other computer that may modify program code and/or other elements of the Software, except for modifications specifically provided for in Section 6 of the Agreement. For the avoidance of differing interpretations, the use of programs developed and/or published by IVAMAR Games designed to modify the Software in any manner, including the creation of Modifications (as defined below), is not prohibited.
4. Limitations. IVAMAR Games and/or its licensors are the owners of the rights to all intellectual property included in and/or related to the Software. The software contains intellectual property. You may not remove any rights or ownership notices from your copy of the Software. You may not extract, modify, reverse engineer, disassemble, or otherwise reverse engineer the Software. You do not have the right to copy, transfer copies of the Software to third parties, or rent, lease, lend, provide sublicense to third parties, distribute, publicly display, create derivative materials from the Software (except as specifically provided in Section 3 of the Agreement) or otherwise commercially use the Software (including, without limitation, paid provision of game time). You may not transmit electronically or over a network.Software from one computer, console or other platform to another, except as provided for by the technical protection measures described in this Agreement. You agree to use the Software only in accordance with applicable law.
5. Security. The Software may use technical protection tools - the StarForce ProActive program or others, which limits your right to install copies of the Software with additional technical means and transfer the Software to third parties. To install and use the Software, you undertake to install technical security measures to protect your copy of the Software. During installation and/or initial startup, an online connection may be requested. Failure to install StarForce ProActive may partially or completely limit your ability to use the Software. StarForce ProActive will not allow you to transfer your copy of the Software after providing a unique code. The unique code of the StarForce ProActive program is irrevocable. For this reason, from the moment you activate the StarForce ProActive program, you will not be able to transfer your copy of the Software to a third party or transfer it to another computer.
6. Custom modifications. Subject to your full compliance with all of the terms and conditions of this Agreement, IVAMAR Games grants you, under a non-exclusive license, the following rights: (a) to use the Software toolkit to create your own modules of the Software (“Modules”) and (b) create your own modifications to work with the Software (for example, user data files created without the use of software tools software) (“Custom Conversions”, and together with Modules – “Modifications”). Your right to make Modifications is subject to the following restrictions: (1) Your Modifications must be compatible only with the full commercial version of the Software; (2) Your Modifications must not contain modified versions of the working files; (3) Your Modifications must not contain libelous, discriminatory, pornographic, obscene or otherwise unlawful material; (4) Your Modifications must not violate the rights of third parties to intellectual property protected by law, including rights to trademarks, commercial designations and other objects; (5) Your Modifications must not contain viruses or other harmful code or programs; (6) You may not rent, sell, lease, loan for a fee, charge for use (by time or game sessions), or otherwise commercially use or commercially distribute Your Modifications (including, without limitation, creating paid game servers; creation of websites with paid downloading of Modifications, including sites that charge for using a broadband connection; sale of Modifications online, retail, by mail, etc.). Without limiting the generality of the foregoing, You acknowledge and agree that under no circumstances do You obtain the right or license to make any modification (with or without the use of software tools) of any portion of the Software for the purpose of creating any data file executable file or other work of composition intended to work offline, to work with a beta version or demo version of the Software.7. Distribution of Modules and Custom Conversions. Provided that you are completely comply with all the terms and conditions of this Agreement, IVAMAR Games grants you the non-exclusive right to distribute Your Modules or Custom Conversions by providing other users with copies of the Module or Custom Conversion code (for example, via ftp, email, on disk, etc.) (“Distribute” ").8. Use of Modifications by IVAMAR Games. If You Distribute or allow third parties to Distribute Your Modifications, You hereby grant IVAMAR Games and/or its licensors, licensees, assigns an irrevocable, royalty-free the exclusive right to use and distribute your Modifications in any form and by any means, including those currently known or subsequently invented, without limitation of territory and period of validity; You also grant the right to aggregate and otherwise distribute these Modifications to the discretion of IVAMAR Games and/or its licensors, licensees, assigns. IVAMAR Games will make every reasonable effort to provide attribution to You if anyone uses or Redistributes Your Mods. However, you hereby acknowledge and understand that difficulties may arise in identifying you and/or any other author of the Modification, and IVAMAR Games' failure to indicate authorship of the Modification is not a violation of this Agreement and does not in any way limit the rights of IVAMAR Games and/or its licensors , licensees, assigns to use and distribute any Modification.
9. Revocation of rights to Modifications. IVAMAR Games has the right to revoke your right to publish Your Modifications at any time in its sole discretion. 10. Termination. The Agreement may be terminated: (1) by You by removing all elements of the Software from Your computer and destroying such elements; (2) by IVAMAR Games if You are determined to have used the Software improperly (not in accordance with the terms of this Agreement) (3) by IVAMAR Games immediately without notice if You fail to comply with any of the terms of the Agreement. Such circumstances may require IVAMAR Games to take the following actions: close or suspend Your accounts in relation to the Software or other products offered by IVAMAR Games; terminate or limit your access to online resources offered by IVAMAR Games; and require You to destroy all copies of the Software. You agree to comply with such request promptly.
11. Disclaimer of Warranties for the Software. You understand and agree that you use the Software and the media on which it is recorded at your own risk. The software and media are provided "as is". Unless otherwise provided by applicable law, IVAMAR Games warrants that upon initial purchase of the Software, the storage media will be free from defects. The warranty period is 90 days from the date of purchase. The warranty does not apply if the defect in the media is caused by accident, abuse, negligence or misuse.
12. Disclaimer for Other Content. IVAMAR Games may include drivers and other software from third parties with the Software to assist in the installation and operation of the Software (collectively, “Drivers”). IVAMAR Games does not warrant the Drivers, and you agree to use the Drivers at your own risk. Drivers are not part of the Software and their use is not governed by the terms of the Agreement except for this provision.
13. Disclaimer of General Liability. EXCEPT AS PROVIDED ABOVE, IVAMAR Games SHALL NOT BE LIABLE FOR AND MAKES NO WARRANTY OF ANY KIND, WHETHER DIRECT OR INDIRECT, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTY AS TO THE QUALITY OF THE SOFTWARE OR ITS SUITABILITY FOR SPECIFIC PURPOSES. IVAMAR Games DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL MEET YOUR REQUIREMENTS. NEITHER ORAL OR WRITTEN INFORMATION PROVIDED BY IVAMAR Games OR ITS AUTHORIZED REPRESENTATIVES SHALL CONSTITUTE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY PROVIDED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE MAY NOT APPLY TO YOU.
14. LIMITATION OF LIABILITY. UNDER NO CONDITIONS, INCLUDING NEGLIGENCE, WILL IVAMAR Games, (OR THEIR LICENSEES, LICENSORS, AGENTS, EMPLOYEES OR OTHER PARTIES) BE LIABLE FOR INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THE SOFTWARE INCLUDING DAMAGES ARISING FROM USE OR INABILITY TO USE THE PROGRAM, EVEN IF IVAMAR Games HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL THE IVAMAR Games ENTITIES (OR THEIR LICENSEES, LICENSORS, AGENTS, EMPLOYEES OR OTHER PERSONS) BE INDEMNIFICED FOR DAMAGES, LOSSES OR OTHER CAUSES OF ACTION (INCLUDING CLAIMS IN CONTRACT, TORT AND OTHER CLAIMS ) WILL NOT EXCEED THE COST WHICH YOU PAID TO PURCHASE THE SOFTWARE.
15. Guarantee against losses; injunction. You hereby release IVAMAR Games and all of their employees and successors from material and other liability, and also undertake not to bring legal claims, claims for damages, claims related to and/or arising from your violation of the terms of this Agreement and/or other terms of use of the Software.
You hereby acknowledge that you are aware that unauthorized use of the Software or any portion thereof, or the use or Distribution of Your Modifications, may cause irreparable harm to IVAMAR Games, as a result of which monetary damages alone may not be sufficient for IVAMAR Games. You hereby acknowledge that you agree that IVAMAR Games may seek injunctive relief and any other injunctive relief, including monetary damages, appropriate restrictions and/or prohibitions on unauthorized use of the Software, without the need for compensation or other relief from IVAMAR Games. Your responsibilities listed above in this section of the Agreement will survive any cancellation or termination of this Agreement.
16. CHOICE OF APPLICABLE LAW. THE FEDERAL LAWS OF THE UNITED STATES OF AMERICA AND THE LAWS OF THE STATE OF CALIFORNIA APPLY SOLELY TO THE LEGAL RELATIONS ARISING OUT OF THIS AGREEMENT. ALL DISPUTES THAT MAY ARISE IN CONNECTION WITH THIS AGREEMENT WILL BE HEARD IN THE COURT OF THE CITY OF LOS ANGELES, STATE OF CALIFONA. YOU HEREBY CONSENT TO SUCH JURISDICTION. For any claims (other than claims for indemnity or injunctive relief) where the total amount of the award sought is less than $10,000, the party seeking injunctive relief may, for cost-effective reasons, not appear at the hearing. If one of the parties intends to apply to arbitration, it undertakes to apply to the arbitration court agreed upon by the parties. The arbitral tribunal and the parties must comply with the following rules: (a) the proceedings may be conducted by telephone or via the Internet, the specific method of conduct to be chosen by the Party initiating the arbitration; (b) the arbitration proceedings will not require personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties, and (c) the award rendered by the arbitration tribunal may be challenged in any court within the contractual jurisdiction. All claims brought by you to IVAMAR Games must be resolved in accordance with this section of the Agreement. All claims submitted in a manner not provided for in this section of the Agreement are considered to have been filed unlawfully. In the event that You assert a claim improperly, IVAMAR Games may seek reimbursement of attorney's fees and expenses up to $1,000, provided that IVAMAR Games notifies You in writing that You have asserted a claim improperly and You fail to promptly withdrew such a claim. 17. Miscellaneous. Nothing in this Agreement supersedes or derogates IVAMAR Games' right to remedies for any violation of this Agreement or applicable law. If any of the terms of this Agreement are found to be invalid, all other terms will continue to apply. This Agreement is the only document governing the legal relationship between you and IVAMAR Games regarding the use of the Software and technical support (if any). This Agreement supersedes all prior and contemporaneous oral and written agreements with respect to the use of the Software and other matters governed by this Agreement.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE SOFTWARE PRODUCT.
This End User License Agreement for the computer game “Become an Adventurer” (“Agreement”, “License”) governs the legal relationship between you, on the one hand, and IVAMAR Games, on the other hand.
This agreement is concluded by the parties in relation to the computer game “Become an Adventurer” (“Game”), all software included in the Game and related to the Game, all patches and add-ons for the Game, all online components of the Game, all sites with limited access and all other IVAMAR Games services in relation to the Game (including CD and/or DVD identification components), all alpha, beta, demo, pre-release, paid, free, gift versions of the items listed above, and any accompanying documentation (collectively, the “Software” ").
IVAMAR Games HEREBY INVITES YOU PERSONALLY TO ENTER INTO AN AGREEMENT FOR THE USE OF THE SOFTWARE CONDITIONED ON YOUR ACCEPTANCE OF ALL PROVISIONS OF THE AGREEMENT.
PLEASE READ THE TERMS AND CONDITIONS OF THE AGREEMENT CAREFULLY BEFORE CLICKING THE “YES” BUTTON AND ACCEPT THE TERMS OF THE AGREEMENT. By clicking "YES" to accept the terms of the Agreement and/or by beginning to use the Software, install or copy the Software to your computer's hard drive, random access memory or other storage device, you acknowledge that you have read this Agreement, understand and agree to comply with all its terms.
By clicking the “No” button or otherwise refusing to click the “Yes” button to accept the terms of the Agreement, you refuse the offer to enter into the Agreement. If You do not agree to the terms of the Agreement, You must immediately (1) stop installing (or uninstalling) and using the Software and other materials associated with the Software; (2) completely delete all copies of the Software and related files from your computer; (3) promptly return the Software along with its packaging and other materials,included in the copy of the Software you purchased, as well as the original cash register and/or sales receipt to the store where the Software was purchased, to return the money paid for the Software or exchange the Software for another product, depending on the terms of the purchase and sale agreement copy of the Software concluded between you and the seller. In case of returning the Software, the moneyreturned to you by the seller is your sole remedy and our sole obligation in connection with your purchase of the Software.
1. Grant of License. IVAMAR Games grants you, under a non-exclusive license, the right to personal, non-commercial use of the Software under the terms of this Agreement and accompanying documentation. You acquire the rights set forth in this Agreement, and you also acquire the right to receive additional content from IVAMAR Games, subject to your acceptance of the terms of the Agreement and registration of the Software (including providing a valid email address and activation code as requested).Any commercial use of the Software is prohibited. You also may not sublicense, rent, lease, or otherwise distribute the Software or the right to use the Software. The Agreement begins upon installation or other use of the Software and continues until the earlier of (1) your cessation of use of the Software;
(2) termination of this Agreement. Certain terms of the Agreement may apply to Your use of online services related to the Software.If the terms of the Agreement are changed, you will be notified of this additionally, and you will be required to accept such conditions for further use of the Software. IVAMAR Games reserves all rights in and to the Software not expressly granted to you in this Agreement.2. Transfer of rights. Subject to technical protections that may be installed in Your version of the Software (described in more detail below), You may permanently assign all rights granted to You by IVAMAR Games under this Agreement to a third party, provided that: a) You delete all copies of the Software software and other materials related to the Software from all technical elements of your computer on which the Software and/or other materials related to the Software were installed; b) you will not retain a single copy of other materials related to the Software;c) You have completely transferred all elements of the Software (including all components, multimedia and printed materials, the unique CD code and all updates) to a recipient located in the same country as You; d) the recipient has read and agreed to all the terms of this Agreement.
3. Primary conditions of the License. As stated in Section 1 of the Agreement, the rights specified in the Agreement will be granted to you only under the following conditions: A. You accepted the terms of the Agreement and clicked the “YES” button;B. You agree to comply with all terms of the Agreement until such time that all elements The Software will be removed from your computer; B. You will use the Software only on a computer that meets the specifications; D. You have installed the security features described in Section 4 of the Agreement, and You agree not to remove such features until all elements of the Software have been removed from Your computer; E. You agree not to use any programs installed on your or any other computer that may modify program code and/or other elements of the Software, except for modifications specifically provided for in Section 6 of the Agreement. For the avoidance of differing interpretations, the use of programs developed and/or published by IVAMAR Games designed to modify the Software in any manner, including the creation of Modifications (as defined below), is not prohibited.
4. Limitations. IVAMAR Games and/or its licensors are the owners of the rights to all intellectual property included in and/or related to the Software. The software contains intellectual property. You may not remove any rights or ownership notices from your copy of the Software. You may not extract, modify, reverse engineer, disassemble, or otherwise reverse engineer the Software. You do not have the right to copy, transfer copies of the Software to third parties, or rent, lease, lend, provide sublicense to third parties, distribute, publicly display, create derivative materials from the Software (except as specifically provided in Section 3 of the Agreement) or otherwise commercially use the Software (including, without limitation, paid provision of game time). You may not transmit electronically or over a network.Software from one computer, console or other platform to another, except as provided for by the technical protection measures described in this Agreement. You agree to use the Software only in accordance with applicable law.
5. Security. The Software may use technical protection tools - the StarForce ProActive program or others, which limits your right to install copies of the Software with additional technical means and transfer the Software to third parties. To install and use the Software, you undertake to install technical security measures to protect your copy of the Software. During installation and/or initial startup, an online connection may be requested. Failure to install StarForce ProActive may partially or completely limit your ability to use the Software. StarForce ProActive will not allow you to transfer your copy of the Software after providing a unique code. The unique code of the StarForce ProActive program is irrevocable. For this reason, from the moment you activate the StarForce ProActive program, you will not be able to transfer your copy of the Software to a third party or transfer it to another computer.
6. Custom modifications. Subject to your full compliance with all of the terms and conditions of this Agreement, IVAMAR Games grants you, under a non-exclusive license, the following rights: (a) to use the Software toolkit to create your own modules of the Software (“Modules”) and (b) create your own modifications to work with the Software (for example, user data files created without the use of software tools software) (“Custom Conversions”, and together with Modules – “Modifications”). Your right to make Modifications is subject to the following restrictions: (1) Your Modifications must be compatible only with the full commercial version of the Software; (2) Your Modifications must not contain modified versions of the working files; (3) Your Modifications must not contain libelous, discriminatory, pornographic, obscene or otherwise unlawful material; (4) Your Modifications must not violate the rights of third parties to intellectual property protected by law, including rights to trademarks, commercial designations and other objects; (5) Your Modifications must not contain viruses or other harmful code or programs; (6) You may not rent, sell, lease, loan for a fee, charge for use (by time or game sessions), or otherwise commercially use or commercially distribute Your Modifications (including, without limitation, creating paid game servers; creation of websites with paid downloading of Modifications, including sites that charge for using a broadband connection; sale of Modifications online, retail, by mail, etc.). Without limiting the generality of the foregoing, You acknowledge and agree that under no circumstances do You obtain the right or license to make any modification (with or without the use of software tools) of any portion of the Software for the purpose of creating any data file executable file or other work of composition intended to work offline, to work with a beta version or demo version of the Software.7. Distribution of Modules and Custom Conversions. Provided that you are completely comply with all the terms and conditions of this Agreement, IVAMAR Games grants you the non-exclusive right to distribute Your Modules or Custom Conversions by providing other users with copies of the Module or Custom Conversion code (for example, via ftp, email, on disk, etc.) (“Distribute” ").8. Use of Modifications by IVAMAR Games. If You Distribute or allow third parties to Distribute Your Modifications, You hereby grant IVAMAR Games and/or its licensors, licensees, assigns an irrevocable, royalty-free the exclusive right to use and distribute your Modifications in any form and by any means, including those currently known or subsequently invented, without limitation of territory and period of validity; You also grant the right to aggregate and otherwise distribute these Modifications to the discretion of IVAMAR Games and/or its licensors, licensees, assigns. IVAMAR Games will make every reasonable effort to provide attribution to You if anyone uses or Redistributes Your Mods. However, you hereby acknowledge and understand that difficulties may arise in identifying you and/or any other author of the Modification, and IVAMAR Games' failure to indicate authorship of the Modification is not a violation of this Agreement and does not in any way limit the rights of IVAMAR Games and/or its licensors , licensees, assigns to use and distribute any Modification.
9. Revocation of rights to Modifications. IVAMAR Games has the right to revoke your right to publish Your Modifications at any time in its sole discretion. 10. Termination. The Agreement may be terminated: (1) by You by removing all elements of the Software from Your computer and destroying such elements; (2) by IVAMAR Games if You are determined to have used the Software improperly (not in accordance with the terms of this Agreement) (3) by IVAMAR Games immediately without notice if You fail to comply with any of the terms of the Agreement. Such circumstances may require IVAMAR Games to take the following actions: close or suspend Your accounts in relation to the Software or other products offered by IVAMAR Games; terminate or limit your access to online resources offered by IVAMAR Games; and require You to destroy all copies of the Software. You agree to comply with such request promptly.
11. Disclaimer of Warranties for the Software. You understand and agree that you use the Software and the media on which it is recorded at your own risk. The software and media are provided "as is". Unless otherwise provided by applicable law, IVAMAR Games warrants that upon initial purchase of the Software, the storage media will be free from defects. The warranty period is 90 days from the date of purchase. The warranty does not apply if the defect in the media is caused by accident, abuse, negligence or misuse.
12. Disclaimer for Other Content. IVAMAR Games may include drivers and other software from third parties with the Software to assist in the installation and operation of the Software (collectively, “Drivers”). IVAMAR Games does not warrant the Drivers, and you agree to use the Drivers at your own risk. Drivers are not part of the Software and their use is not governed by the terms of the Agreement except for this provision.
13. Disclaimer of General Liability. EXCEPT AS PROVIDED ABOVE, IVAMAR Games SHALL NOT BE LIABLE FOR AND MAKES NO WARRANTY OF ANY KIND, WHETHER DIRECT OR INDIRECT, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTY AS TO THE QUALITY OF THE SOFTWARE OR ITS SUITABILITY FOR SPECIFIC PURPOSES. IVAMAR Games DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL MEET YOUR REQUIREMENTS. NEITHER ORAL OR WRITTEN INFORMATION PROVIDED BY IVAMAR Games OR ITS AUTHORIZED REPRESENTATIVES SHALL CONSTITUTE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY PROVIDED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE MAY NOT APPLY TO YOU.
14. LIMITATION OF LIABILITY. UNDER NO CONDITIONS, INCLUDING NEGLIGENCE, WILL IVAMAR Games, (OR THEIR LICENSEES, LICENSORS, AGENTS, EMPLOYEES OR OTHER PARTIES) BE LIABLE FOR INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THE SOFTWARE INCLUDING DAMAGES ARISING FROM USE OR INABILITY TO USE THE PROGRAM, EVEN IF IVAMAR Games HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL THE IVAMAR Games ENTITIES (OR THEIR LICENSEES, LICENSORS, AGENTS, EMPLOYEES OR OTHER PERSONS) BE INDEMNIFICED FOR DAMAGES, LOSSES OR OTHER CAUSES OF ACTION (INCLUDING CLAIMS IN CONTRACT, TORT AND OTHER CLAIMS ) WILL NOT EXCEED THE COST WHICH YOU PAID TO PURCHASE THE SOFTWARE.
15. Guarantee against losses; injunction. You hereby release IVAMAR Games and all of their employees and successors from material and other liability, and also undertake not to bring legal claims, claims for damages, claims related to and/or arising from your violation of the terms of this Agreement and/or other terms of use of the Software.
You hereby acknowledge that you are aware that unauthorized use of the Software or any portion thereof, or the use or Distribution of Your Modifications, may cause irreparable harm to IVAMAR Games, as a result of which monetary damages alone may not be sufficient for IVAMAR Games. You hereby acknowledge that you agree that IVAMAR Games may seek injunctive relief and any other injunctive relief, including monetary damages, appropriate restrictions and/or prohibitions on unauthorized use of the Software, without the need for compensation or other relief from IVAMAR Games. Your responsibilities listed above in this section of the Agreement will survive any cancellation or termination of this Agreement.
16. CHOICE OF APPLICABLE LAW. THE FEDERAL LAWS OF THE UNITED STATES OF AMERICA AND THE LAWS OF THE STATE OF CALIFORNIA APPLY SOLELY TO THE LEGAL RELATIONS ARISING OUT OF THIS AGREEMENT. ALL DISPUTES THAT MAY ARISE IN CONNECTION WITH THIS AGREEMENT WILL BE HEARD IN THE COURT OF THE CITY OF LOS ANGELES, STATE OF CALIFONA. YOU HEREBY CONSENT TO SUCH JURISDICTION. For any claims (other than claims for indemnity or injunctive relief) where the total amount of the award sought is less than $10,000, the party seeking injunctive relief may, for cost-effective reasons, not appear at the hearing. If one of the parties intends to apply to arbitration, it undertakes to apply to the arbitration court agreed upon by the parties. The arbitral tribunal and the parties must comply with the following rules: (a) the proceedings may be conducted by telephone or via the Internet, the specific method of conduct to be chosen by the Party initiating the arbitration; (b) the arbitration proceedings will not require personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties, and (c) the award rendered by the arbitration tribunal may be challenged in any court within the contractual jurisdiction. All claims brought by you to IVAMAR Games must be resolved in accordance with this section of the Agreement. All claims submitted in a manner not provided for in this section of the Agreement are considered to have been filed unlawfully. In the event that You assert a claim improperly, IVAMAR Games may seek reimbursement of attorney's fees and expenses up to $1,000, provided that IVAMAR Games notifies You in writing that You have asserted a claim improperly and You fail to promptly withdrew such a claim. 17. Miscellaneous. Nothing in this Agreement supersedes or derogates IVAMAR Games' right to remedies for any violation of this Agreement or applicable law. If any of the terms of this Agreement are found to be invalid, all other terms will continue to apply. This Agreement is the only document governing the legal relationship between you and IVAMAR Games regarding the use of the Software and technical support (if any). This Agreement supersedes all prior and contemporaneous oral and written agreements with respect to the use of the Software and other matters governed by this Agreement.