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PLEASE READ THE FOLLOWING END USER LICENSE AGREEMENT (“AGREEMENT”) BEFORE INSTALLING “Fastival”, (THE “GAME SOFTWARE”). BY INSTALLING, COPYING, AND/OR OTHERWISE USING THE GAME SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT AS SET FORTH BY SOUTHERN METHODIST UNIVERSITY, LOCATED AT 6425 BOAZ LANE, DALLAS, TX 75205 (“SMU”).
YOUR USE OF THE GAME SOFTWARE IS ALSO SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN THE STEAM™ SUBSCRIBER AGREEMENT AND/OR ANY OTHER TERMS SET FORTH BY VALVE CORPORATION IN RELATION TO THE STEAM SERVICE.
IF YOU AGREE TO THE TERMS SET FORTH IN THIS AGREEMENT, click the “I AGREE” button to install the Game Software and to indicate your acceptance of these terms and your understanding of the conditions of use of the Game Software.
IF YOU DO NOT AGREE TO THE TERMS SET FORTH IN THIS AGREEMENT, click the “Cancel” button and SMU shall not grant to you the License (defined below) to the Game Software.
LIMITED USE LICENSE
The term “Game Software” includes the software included in this video game, the associated media, any software associated with the online mode of the video game (subject to any additional terms of use applicable to such online mode), any printed materials, manuals, any online or electronic documentation, and any and all copies of such software and materials. SMU grants to you the non-exclusive, non-transferable, limited right and license to install and use the Game Software on one or more computer hard drives for your personal use (the “License”). All rights not specifically granted under this License are hereby reserved by SMU and, as applicable, by its licensors. The Game Software is licensed to you, not sold. This License does not give you any title or ownership in the Game Software, and should not be construed as a sale or transfer of any intellectual property or other rights to the Game Software.
STREAMING OR BROADCASTING
You may use video footage and screen captures for non-commercial use such as streaming or creating videos subject to this End User License Agreement without written permission. Your stream or video posts may be ad-supported. For commercial media use, please contact gamelab@smu.edu to obtain written permission and support.
OWNERSHIP
You agree and acknowledge that all title, ownership rights, and intellectual property rights connected with the Game Software and any and all copies thereof (including but not limited to any derivative works, titles, computer code, themes, objects, characters, character names, stories, dialogs, catch phrases, locations, concepts, artwork, graphics, animation, sounds, musical compositions, audio-visual effects, text, screen displays, methods of operation, moral rights, “applets” incorporated into the Game Software, and any related documentation) are owned by SMU or its licensors.
The Game Software is protected by the copyright laws of the United States, international copyright treaties and conventions, United States and common law trademark laws, and other laws. All rights are reserved worldwide. The Game Software contains certain materials licensed by SMU from others, and SMU and SMU's licensors may protect their rights in the event of any violation of this Agreement.
LICENSE CONDITIONS AND RESTRICTIONS
You agree to only use the Game Software, or any part of it, in a manner that is consistent with this License and you SHALL NOT:
(a) without written permission from SMU, use, advertise or exploit in any manner the Game Software or any of its parts commercially, including but not limited to use at a cyber (Internet) café, computer gaming center or any other location-based site;
(b) sell, rent, lease, license, distribute, upload to any Internet server or web site, or otherwise transfer any portion of this Game Software or any copies without the express prior written consent of SMU.
(c) use the Game Software in any manner that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
(d) reverse engineer, derive source code, modify, decompile, disassemble, or create derivative works of the Game Software, in whole or in part (except as the applicable law expressly permits, in which case all and any lawful modifications, adaptations, improvements, etc., and all copyrights and moral rights therein, shall be deemed assigned to, and shall belong to, vest in and be the exclusive property of SMU and/or its licensors on creation, in any event);
(e) remove, disable or circumvent any security protections or any technical measures that control access to the Game Software;
(f) remove, modify, deface or circumvent any proprietary notices or labels contained on or within the Game Software;
(g) export or re-export the Game Software or any copy or adaptation in violation of any applicable laws or regulations; or
(h) create data or executable programs that mimic data or functionality in the Game Software.
Furthermore, you agree that you shall abide by the safety information, maintenance instructions or other relevant notices contained in the manual that is included with the Game Software.
GAME SOFTWARE UPDATES AND PATCHES
SMU may provide updates, patches and other modifications to the Game Software that must be installed for the user to continue to play the game properly or at all. SMU may update, patch or modify the Game Software remotely and access the Game Software residing on your machine for such purpose, and you hereby grant to SMU the right to deploy and apply such patches, updates and modifications. All provisions of this Agreement that refer to the “Game Software” shall also include all such patches, updates and modifications.
LIMITED WARRANTY
You are aware and agree that use of the Game Software and the media on which it is recorded is at your sole risk. For distribution via physical media (e.g. DVD, CD-ROM, etc.), SMU warrants to the original consumer purchaser of the Game Software that the recording medium on which the Game Software is recorded shall be free from defects in material and workmanship for a period of ninety (90) days from the original date of purchase (the “Limited Warranty”). If a defect covered by the Limited Warranty occurs during this ninety (90) day period, the defective Game Software shall be replaced by the retailer from which you purchased the Game Software, free of charge. Please retain the original or a photocopy of your dated sales receipt to establish the date of purchase for in-warranty replacement. For replacement, return the product, with its original packaging and receipt, to the retailer from which the software was originally purchased. In the event that you cannot obtain a replacement from the retailer, please contact SMU at gamelab@smu.edu.
THE FOREGOING IS YOUR SOLE AND EXCLUSIVE REMEDY FOR THE EXPRESS WARRANTY SET FORTH IN THIS SECTION.
This Limited Warranty does not apply if the defects have been caused by your negligence, accident, unreasonable use, modification, tampering, or any other causes not related to defective materials or manufacturing workmanship, and SMU and its licensors shall not be held liable for any damage, injury or loss if caused as a result of any of these reasons.
This Limited Warranty does not apply to copies of the Game Software obtained through digital distribution (e.g. Steam, Epic Store, etc.), warranties for which are covered exclusively by the operators of said means of distribution.
The provisions of this Limited Warranty are valid in the United States only.
OTHER THAN EXPRESSLY SET FORTH IN THIS AGREEMENT, THE GAME SOFTWARE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. NO ORAL OR WRITTEN ADVICE OR INFORMATION GIVEN BY SMU OR ANY OF ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS LIMITED WARRANTY.
Some states and jurisdictions do not allow the exclusion of, or limitations on, limited or implied warranties, and in such states and jurisdictions, SMU’s and its licensors’ liability shall be limited to the maximum extent permitted by law. You may have other rights that vary from state-to-state or from jurisdiction-to-jurisdiction. Under no circumstances shall any implied warranty required by law exceed the 90-day period of the Limited Warranty above.
LIMITATIONS ON DAMAGES
IN NO EVENT SHALL SMU OR ITS LICENSORS BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, USE OR MALFUNCTION OF THE GAME SOFTWARE, INCLUDING WITHOUT LIMITATION ANY LOSSES OR DAMAGES CONNECTED WITH OR CONSISTING OF LOST PROFITS, DAMAGE TO PROPERTY, LOST OR CORRUPTED DATA OR FILES, LOSS OF GOODWILL, CONSOLE, COMPUTER OR HANDHELD DEVICE FAILURE, ERRORS AND LOST BUSINESS OR OTHER INFORMATION AS A RESULT OF POSSESSION, USE OR MALFUNCTION OF THE GAME SOFTWARE, OR PERSONAL INJURIES, EVEN IF SMU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. FURTHERMORE, IN NO EVENT SHALL SMU OR ITS LICENSORS BE LIABLE FOR SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES RESULTING FROM THE BREACH OF ANY EXPRESS OR IMPLIED WARRANTIES OR ANY OTHER TERMS OF THIS AGREEMENT. SMU'S TOTAL LIABILITY IN ALL CASES SHALL NOT EXCEED THE ACTUAL PRICE PAID FOR THE GAME SOFTWARE. THE FOREGOING APPLIES EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
TERM AND TERMINATION
Without prejudice to any other rights of SMU, the License shall remain in effect for as long as you use, operate or run the Game Software. The License shall terminate automatically if you fail to comply with its terms and conditions. In such event, you must uninstall and destroy all copies of the Game Software. You may also terminate the License at any time by destroying the Game Software and uninstalling it from your computer(s) or other applicable hardware. The Sections entitled “Ownership,” “License Conditions and Restrictions,” “Limitations on Damages,” “Term and Termination,” “Injunction,” “Indemnity,” “Choice of Law and Jurisdiction,” and “Miscellaneous” shall survive any termination of this License.
INJUNCTION
Because SMU would be irreparably damaged if the terms of this Agreement were not specifically enforced, you agree that SMU shall be entitled, without bond or other security or proof of damages, to take such action as may be required, including seeking an injunction and other equitable remedies, in addition to any other remedies available to it under the applicable law.
INDEMNITY
You agree to indemnify, defend and hold harmless SMU, its partners, affiliates, contractors, licensors, officers, directors, trustees, employees, students and agents from all claims, damages, costs and expenses (including reasonable legal fees) arising directly or indirectly from your acts or omissions in connection with using the Game Software or any breach by you of the terms of this Agreement.
CHOICE OF LAW AND JURISDICTION
THIS AGREEMENT, AND THE RIGHTS AND OBLIGATIONS OF YOU AND SMU CONCERNING THE GAME SOFTWARE, SHALL BE CONSTRUED AND ENFORCED UNDER TEXAS LAW, WITHOUT REGARD TO TEXAS’S CONFLICTS OF LAW PRINCIPLES. TO THE EXTENT ANY CLAIMS ARE GOVERNED BY FEDERAL LAW, SUCH FEDERAL LAW ALSO SHALL BE APPLICABLE. YOU AND SMU CONSENT TO THE EXCLUSIVE PERSONAL JURISDICTION OF THE STATE AND FEDERAL COURTS LOCATED IN DALLAS, TEXAS, IN CONNECTION WITH ANY CLAIM OR DISPUTE CONCERNING THIS AGREEMENT OR THE GAME SOFTWARE, AND YOU AND SMU WAIVE ANY OBJECTION BASED ON THE VENUE OR INCONVENIENCE OF SUCH FORUM. IF YOU ARE FROM OUTSIDE THE UNITED STATES, THE APPLICATION OF THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY EXCLUDED.
AMENDMENTS
SMU reserves the right to amend this Agreement at any time, at its sole discretion, but will post such changes on the SMU website and/or will communicate such changes through the Steam service. If any such future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you may terminate this Agreement in accordance with the above Termination provisions. Your installation and use of any updates or modifications to the Game Software or your continued use of the Game Software following notice of changes to this Agreement will constitute your acceptance of any and all such changes to the terms of this Agreement.
MISCELLANEOUS
This Agreement represents the complete agreement between you and SMU concerning the License and your rights to use the Game Software, and supersedes all prior agreements and representations, warranties or understandings between you and SMU (whether negligently or innocently made but excluding those made fraudulently), regarding the same subject matter. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and the remaining provisions of this Agreement shall remain in full force and not be affected.
YOUR USE OF THE GAME SOFTWARE IS ALSO SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN THE STEAM™ SUBSCRIBER AGREEMENT AND/OR ANY OTHER TERMS SET FORTH BY VALVE CORPORATION IN RELATION TO THE STEAM SERVICE.
IF YOU AGREE TO THE TERMS SET FORTH IN THIS AGREEMENT, click the “I AGREE” button to install the Game Software and to indicate your acceptance of these terms and your understanding of the conditions of use of the Game Software.
IF YOU DO NOT AGREE TO THE TERMS SET FORTH IN THIS AGREEMENT, click the “Cancel” button and SMU shall not grant to you the License (defined below) to the Game Software.
LIMITED USE LICENSE
The term “Game Software” includes the software included in this video game, the associated media, any software associated with the online mode of the video game (subject to any additional terms of use applicable to such online mode), any printed materials, manuals, any online or electronic documentation, and any and all copies of such software and materials. SMU grants to you the non-exclusive, non-transferable, limited right and license to install and use the Game Software on one or more computer hard drives for your personal use (the “License”). All rights not specifically granted under this License are hereby reserved by SMU and, as applicable, by its licensors. The Game Software is licensed to you, not sold. This License does not give you any title or ownership in the Game Software, and should not be construed as a sale or transfer of any intellectual property or other rights to the Game Software.
STREAMING OR BROADCASTING
You may use video footage and screen captures for non-commercial use such as streaming or creating videos subject to this End User License Agreement without written permission. Your stream or video posts may be ad-supported. For commercial media use, please contact gamelab@smu.edu to obtain written permission and support.
OWNERSHIP
You agree and acknowledge that all title, ownership rights, and intellectual property rights connected with the Game Software and any and all copies thereof (including but not limited to any derivative works, titles, computer code, themes, objects, characters, character names, stories, dialogs, catch phrases, locations, concepts, artwork, graphics, animation, sounds, musical compositions, audio-visual effects, text, screen displays, methods of operation, moral rights, “applets” incorporated into the Game Software, and any related documentation) are owned by SMU or its licensors.
The Game Software is protected by the copyright laws of the United States, international copyright treaties and conventions, United States and common law trademark laws, and other laws. All rights are reserved worldwide. The Game Software contains certain materials licensed by SMU from others, and SMU and SMU's licensors may protect their rights in the event of any violation of this Agreement.
LICENSE CONDITIONS AND RESTRICTIONS
You agree to only use the Game Software, or any part of it, in a manner that is consistent with this License and you SHALL NOT:
(a) without written permission from SMU, use, advertise or exploit in any manner the Game Software or any of its parts commercially, including but not limited to use at a cyber (Internet) café, computer gaming center or any other location-based site;
(b) sell, rent, lease, license, distribute, upload to any Internet server or web site, or otherwise transfer any portion of this Game Software or any copies without the express prior written consent of SMU.
(c) use the Game Software in any manner that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
(d) reverse engineer, derive source code, modify, decompile, disassemble, or create derivative works of the Game Software, in whole or in part (except as the applicable law expressly permits, in which case all and any lawful modifications, adaptations, improvements, etc., and all copyrights and moral rights therein, shall be deemed assigned to, and shall belong to, vest in and be the exclusive property of SMU and/or its licensors on creation, in any event);
(e) remove, disable or circumvent any security protections or any technical measures that control access to the Game Software;
(f) remove, modify, deface or circumvent any proprietary notices or labels contained on or within the Game Software;
(g) export or re-export the Game Software or any copy or adaptation in violation of any applicable laws or regulations; or
(h) create data or executable programs that mimic data or functionality in the Game Software.
Furthermore, you agree that you shall abide by the safety information, maintenance instructions or other relevant notices contained in the manual that is included with the Game Software.
GAME SOFTWARE UPDATES AND PATCHES
SMU may provide updates, patches and other modifications to the Game Software that must be installed for the user to continue to play the game properly or at all. SMU may update, patch or modify the Game Software remotely and access the Game Software residing on your machine for such purpose, and you hereby grant to SMU the right to deploy and apply such patches, updates and modifications. All provisions of this Agreement that refer to the “Game Software” shall also include all such patches, updates and modifications.
LIMITED WARRANTY
You are aware and agree that use of the Game Software and the media on which it is recorded is at your sole risk. For distribution via physical media (e.g. DVD, CD-ROM, etc.), SMU warrants to the original consumer purchaser of the Game Software that the recording medium on which the Game Software is recorded shall be free from defects in material and workmanship for a period of ninety (90) days from the original date of purchase (the “Limited Warranty”). If a defect covered by the Limited Warranty occurs during this ninety (90) day period, the defective Game Software shall be replaced by the retailer from which you purchased the Game Software, free of charge. Please retain the original or a photocopy of your dated sales receipt to establish the date of purchase for in-warranty replacement. For replacement, return the product, with its original packaging and receipt, to the retailer from which the software was originally purchased. In the event that you cannot obtain a replacement from the retailer, please contact SMU at gamelab@smu.edu.
THE FOREGOING IS YOUR SOLE AND EXCLUSIVE REMEDY FOR THE EXPRESS WARRANTY SET FORTH IN THIS SECTION.
This Limited Warranty does not apply if the defects have been caused by your negligence, accident, unreasonable use, modification, tampering, or any other causes not related to defective materials or manufacturing workmanship, and SMU and its licensors shall not be held liable for any damage, injury or loss if caused as a result of any of these reasons.
This Limited Warranty does not apply to copies of the Game Software obtained through digital distribution (e.g. Steam, Epic Store, etc.), warranties for which are covered exclusively by the operators of said means of distribution.
The provisions of this Limited Warranty are valid in the United States only.
OTHER THAN EXPRESSLY SET FORTH IN THIS AGREEMENT, THE GAME SOFTWARE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. NO ORAL OR WRITTEN ADVICE OR INFORMATION GIVEN BY SMU OR ANY OF ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS LIMITED WARRANTY.
Some states and jurisdictions do not allow the exclusion of, or limitations on, limited or implied warranties, and in such states and jurisdictions, SMU’s and its licensors’ liability shall be limited to the maximum extent permitted by law. You may have other rights that vary from state-to-state or from jurisdiction-to-jurisdiction. Under no circumstances shall any implied warranty required by law exceed the 90-day period of the Limited Warranty above.
LIMITATIONS ON DAMAGES
IN NO EVENT SHALL SMU OR ITS LICENSORS BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, USE OR MALFUNCTION OF THE GAME SOFTWARE, INCLUDING WITHOUT LIMITATION ANY LOSSES OR DAMAGES CONNECTED WITH OR CONSISTING OF LOST PROFITS, DAMAGE TO PROPERTY, LOST OR CORRUPTED DATA OR FILES, LOSS OF GOODWILL, CONSOLE, COMPUTER OR HANDHELD DEVICE FAILURE, ERRORS AND LOST BUSINESS OR OTHER INFORMATION AS A RESULT OF POSSESSION, USE OR MALFUNCTION OF THE GAME SOFTWARE, OR PERSONAL INJURIES, EVEN IF SMU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. FURTHERMORE, IN NO EVENT SHALL SMU OR ITS LICENSORS BE LIABLE FOR SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES RESULTING FROM THE BREACH OF ANY EXPRESS OR IMPLIED WARRANTIES OR ANY OTHER TERMS OF THIS AGREEMENT. SMU'S TOTAL LIABILITY IN ALL CASES SHALL NOT EXCEED THE ACTUAL PRICE PAID FOR THE GAME SOFTWARE. THE FOREGOING APPLIES EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
TERM AND TERMINATION
Without prejudice to any other rights of SMU, the License shall remain in effect for as long as you use, operate or run the Game Software. The License shall terminate automatically if you fail to comply with its terms and conditions. In such event, you must uninstall and destroy all copies of the Game Software. You may also terminate the License at any time by destroying the Game Software and uninstalling it from your computer(s) or other applicable hardware. The Sections entitled “Ownership,” “License Conditions and Restrictions,” “Limitations on Damages,” “Term and Termination,” “Injunction,” “Indemnity,” “Choice of Law and Jurisdiction,” and “Miscellaneous” shall survive any termination of this License.
INJUNCTION
Because SMU would be irreparably damaged if the terms of this Agreement were not specifically enforced, you agree that SMU shall be entitled, without bond or other security or proof of damages, to take such action as may be required, including seeking an injunction and other equitable remedies, in addition to any other remedies available to it under the applicable law.
INDEMNITY
You agree to indemnify, defend and hold harmless SMU, its partners, affiliates, contractors, licensors, officers, directors, trustees, employees, students and agents from all claims, damages, costs and expenses (including reasonable legal fees) arising directly or indirectly from your acts or omissions in connection with using the Game Software or any breach by you of the terms of this Agreement.
CHOICE OF LAW AND JURISDICTION
THIS AGREEMENT, AND THE RIGHTS AND OBLIGATIONS OF YOU AND SMU CONCERNING THE GAME SOFTWARE, SHALL BE CONSTRUED AND ENFORCED UNDER TEXAS LAW, WITHOUT REGARD TO TEXAS’S CONFLICTS OF LAW PRINCIPLES. TO THE EXTENT ANY CLAIMS ARE GOVERNED BY FEDERAL LAW, SUCH FEDERAL LAW ALSO SHALL BE APPLICABLE. YOU AND SMU CONSENT TO THE EXCLUSIVE PERSONAL JURISDICTION OF THE STATE AND FEDERAL COURTS LOCATED IN DALLAS, TEXAS, IN CONNECTION WITH ANY CLAIM OR DISPUTE CONCERNING THIS AGREEMENT OR THE GAME SOFTWARE, AND YOU AND SMU WAIVE ANY OBJECTION BASED ON THE VENUE OR INCONVENIENCE OF SUCH FORUM. IF YOU ARE FROM OUTSIDE THE UNITED STATES, THE APPLICATION OF THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY EXCLUDED.
AMENDMENTS
SMU reserves the right to amend this Agreement at any time, at its sole discretion, but will post such changes on the SMU website and/or will communicate such changes through the Steam service. If any such future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you may terminate this Agreement in accordance with the above Termination provisions. Your installation and use of any updates or modifications to the Game Software or your continued use of the Game Software following notice of changes to this Agreement will constitute your acceptance of any and all such changes to the terms of this Agreement.
MISCELLANEOUS
This Agreement represents the complete agreement between you and SMU concerning the License and your rights to use the Game Software, and supersedes all prior agreements and representations, warranties or understandings between you and SMU (whether negligently or innocently made but excluding those made fraudulently), regarding the same subject matter. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and the remaining provisions of this Agreement shall remain in full force and not be affected.