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End User License Agreement
This is the End User License Agreement for “ASCII Tower Defense.” By copying, installing, downloading, or otherwise using this game software, you agree that you understand, accept, and comply with the terms set forth below. This EULA is the binding legal agreement between you, the individual end user (“User”), and David Segal Games (“Developer”), for the download, purchase and use of the Game.
For the purpose of this Agreement, the “Game” means collectively the video game software “ASCII Tower Defense,” all client software installed on User’s computer, including but not limited to the launcher, the installer, and the game client, and all printed, digital, documentation, or other written files, any and all copies of such software and its materials, and any modifications to the software distributed by Developer or distributed by a third-party authorized by Developer.
License
Developer licenses to User a non-exclusive, non-transferable, and revocable license to use one copy of the Game. The Game is licensed, rather than sold or assigned to User. By opening, downloading, installing copying, or otherwise using the Game, User agrees to be bound by the terms of this Agreement.
Developer may from time to time update this Agreement. User’s continued use of the Game after an update to this Agreement constitutes acceptance of its terms.
License Conditions
Developer retains all rights, title, and interest to the Game, including, but not limited to, all copyrights, trademarks, trade secrets, patent rights, and moral rights, including rights to the Game itself, the Game’s code, and all artwork used in the Game. The Game is protected by U.S. copyright law and all applicable treaties throughout the world. User may not copy, reproduce, or distribute the Game, except where allowed by this Agreement, without the express permission of Developer.
User shall not commercially exploit the Game, distribute the Game to anyone else, make the Game available for download by others, make derivative works of the Game, reverse engineer or decompile the Game, remove or modify any proprietary notices contained on or within the Game, or circumvent the security features or technical protections of the Game without the prior written permission of the Developer.
The Game and material accompanying the Game are provided “as is.” To the extent allowed by law, Developer disclaims any warranties or representations of any kind, express or implied, including any warranty of merchantability or fitness for a particular purpose. User purchases, installs, and uses the Game at User’s own risk. To the fullest extent allowed by law, Developer, its assigns, or employees be liable for direct, incidental, special, exemplary, punitive, indirect, or consequential damages (including but not limited to loss of profits or data), whether in contract, strict liability, tort, or other legal theory of liability, resulting from possession, use, or malfunction of the Game.
Developer is not responsible for the use of any modification made by User to the Game. Use of any modified content is done at User’s sole risk.
This Agreement is subject to the additional terms and conditions set forth by the applicable software store through which the Game was purchased. Developer is not responsible or liable for any charges or fees related to purchase transactions made through the software store through which the Game was purchased.
Termination
User may terminate this Agreement at any time by notifying Developer of User’s intention to terminate the Agreement. Developer may terminate this Agreement at any time and for any reason. Upon termination, all licenses granted under this Agreement also terminate, and User shall permanently destroy all copies of the Game in User’s possession and remove the Game from any of User’s devices.
Miscellaneous Provisions
If any provision of this Agreement is held, in whole or in part, to be unenforceable for any reason, the remainder of that provision and of the entire Agreement will be severable and remain in effect.
This Agreement is governed by the laws of the State of California. In case of any claim, dispute, or controversy in connection with this Agreement, User agrees to attempt to first settle any dispute in an informal manner, to expedite resolution and control cost. User agrees to negotiate with Developer in good faith for a period of at least thirty (30) days before bringing any cause of action under this Agreement. If either Party brings an action arising from or related to this Agreement, that Party will bring the action in a state court located in Orange County, California. The prevailing party in such an action will be entitled to all reasonable attorney’s fees in connection with such an action.
This Agreement constitutes the entire agreement and understanding of all Parties. Any prior statement, promise, or version of this license agreement will not be binding on the Parties.
Developer may assign Developer’s rights and obligations under this Agreement to any third party at Developer’s sole discretion. User may not assign their rights and obligations under this Agreement to a third party.
This is the End User License Agreement for “ASCII Tower Defense.” By copying, installing, downloading, or otherwise using this game software, you agree that you understand, accept, and comply with the terms set forth below. This EULA is the binding legal agreement between you, the individual end user (“User”), and David Segal Games (“Developer”), for the download, purchase and use of the Game.
For the purpose of this Agreement, the “Game” means collectively the video game software “ASCII Tower Defense,” all client software installed on User’s computer, including but not limited to the launcher, the installer, and the game client, and all printed, digital, documentation, or other written files, any and all copies of such software and its materials, and any modifications to the software distributed by Developer or distributed by a third-party authorized by Developer.
License
Developer licenses to User a non-exclusive, non-transferable, and revocable license to use one copy of the Game. The Game is licensed, rather than sold or assigned to User. By opening, downloading, installing copying, or otherwise using the Game, User agrees to be bound by the terms of this Agreement.
Developer may from time to time update this Agreement. User’s continued use of the Game after an update to this Agreement constitutes acceptance of its terms.
License Conditions
Developer retains all rights, title, and interest to the Game, including, but not limited to, all copyrights, trademarks, trade secrets, patent rights, and moral rights, including rights to the Game itself, the Game’s code, and all artwork used in the Game. The Game is protected by U.S. copyright law and all applicable treaties throughout the world. User may not copy, reproduce, or distribute the Game, except where allowed by this Agreement, without the express permission of Developer.
User shall not commercially exploit the Game, distribute the Game to anyone else, make the Game available for download by others, make derivative works of the Game, reverse engineer or decompile the Game, remove or modify any proprietary notices contained on or within the Game, or circumvent the security features or technical protections of the Game without the prior written permission of the Developer.
The Game and material accompanying the Game are provided “as is.” To the extent allowed by law, Developer disclaims any warranties or representations of any kind, express or implied, including any warranty of merchantability or fitness for a particular purpose. User purchases, installs, and uses the Game at User’s own risk. To the fullest extent allowed by law, Developer, its assigns, or employees be liable for direct, incidental, special, exemplary, punitive, indirect, or consequential damages (including but not limited to loss of profits or data), whether in contract, strict liability, tort, or other legal theory of liability, resulting from possession, use, or malfunction of the Game.
Developer is not responsible for the use of any modification made by User to the Game. Use of any modified content is done at User’s sole risk.
This Agreement is subject to the additional terms and conditions set forth by the applicable software store through which the Game was purchased. Developer is not responsible or liable for any charges or fees related to purchase transactions made through the software store through which the Game was purchased.
Termination
User may terminate this Agreement at any time by notifying Developer of User’s intention to terminate the Agreement. Developer may terminate this Agreement at any time and for any reason. Upon termination, all licenses granted under this Agreement also terminate, and User shall permanently destroy all copies of the Game in User’s possession and remove the Game from any of User’s devices.
Miscellaneous Provisions
If any provision of this Agreement is held, in whole or in part, to be unenforceable for any reason, the remainder of that provision and of the entire Agreement will be severable and remain in effect.
This Agreement is governed by the laws of the State of California. In case of any claim, dispute, or controversy in connection with this Agreement, User agrees to attempt to first settle any dispute in an informal manner, to expedite resolution and control cost. User agrees to negotiate with Developer in good faith for a period of at least thirty (30) days before bringing any cause of action under this Agreement. If either Party brings an action arising from or related to this Agreement, that Party will bring the action in a state court located in Orange County, California. The prevailing party in such an action will be entitled to all reasonable attorney’s fees in connection with such an action.
This Agreement constitutes the entire agreement and understanding of all Parties. Any prior statement, promise, or version of this license agreement will not be binding on the Parties.
Developer may assign Developer’s rights and obligations under this Agreement to any third party at Developer’s sole discretion. User may not assign their rights and obligations under this Agreement to a third party.