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Please read the following terms and conditions carefully before using this game. Your use, distribution or installation of this copy of "Tempaux" indicates your acceptance of this License.
Game here means Software, image files, all accompanying files, data and materials received with your order of "Tempaux”.
If you do not agree to any of the terms of this License, then do not install, distribute or use the game. Violation of the terms of this agreement will result in termination of permission to use “Tempaux” services.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing law of the United States of America. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to the same.
If any provision of this agreement is found invalid by a court of competent jurisdiction, you agree that the court should try to give effect to the parties’ intentions as reflected in the provision and that other provisions of the agreement will remain in full effect.
This game is for personal use only. All components accompanying the software are copyrighted by emersynth and may not be taken apart, modified, used or published with other software or means except with the game software and may not be distributed or copied in any manner.
This game, all accompanying files, data and materials, are distributed "AS IS" and with no warranties of any kind, whether express or implied. The user must assume all risk of using the program. This disclaimer of warranty constitutes an essential part of the agreement.
Any liability of our company will be limited exclusively to refund of purchase price. In addition, in no event shall the company, or its principals, shareholders, officers, employees, affiliates, contractors, subsidiaries, or parent organizations, be liable for any incidental, consequential, punitive or any other damages whatsoever relating to the use of game.
In addition, in no event does emersynth authorize you to use this game in applications or systems where the game's failure to perform can reasonably be expected to result in a physical injury, or in loss of life. Any such use by you is entirely at your own risk, and you agree to hold us harmless from any claims or losses relating to such unauthorized use.
This agreement is deemed a living document and may be modified at any time. Failure to abide by updated terms will constitute a breach of this agreement.
If a change is material, we’ll let you know before they take effect. By using Tempaux services on or after that effective date, you agree to the new Terms. If you don’t agree with the updated agreement, you should cease using Tempaux services, otherwise your use of the service and uploaded content will be subject to the new Terms.
This Agreement constitutes the entire statement of the Agreement between the parties on the subject matter, and merges and supersedes all other or prior understandings, purchase orders, agreements and arrangements.
The copyright of this game, all of its derivatives, title and accompanying materials are the exclusive property of emersynth. All rights of any kind, which are not expressly granted in this License, are entirely and exclusively reserved to and by emersynth. You may not rent, lease, transfer, modify, translate, reverse engineer, de-compile, disassemble or create derivative works based on this game. You may not make access to this game available to others in connection with a service bureau, application service provider, or similar business, or use this game in a business to provide file compression, decompression, or conversion services to others. There are no third party beneficiaries of any promises, obligations or representations made by emersynth herein.
You may not disclose to other persons the data or techniques relating to this game that you know or should know that it is a trade secret of emersynth in any manner that will cause damage to us.
This game and all services provided may be used for lawful purposes only.
Transmission, storage, or presentation of any information, data or material in violation of any United States law is strictly prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. You agree to indemnify and hold our company harmless from any claims resulting from the use of this game, which may damage any other party.
Except to the extent that the applicable laws and regulations of your jurisdiction mandate otherwise, this EULA shall be governed by, construed and interpreted under the laws of the State of Washington, United States of America, without giving effect to any conflicts of laws principles. The parties exclude the application of the United Nations Convention on Contracts for the International Sale of Goods, without implication that such Convention otherwise applies. In the event that any cause of action is not subject to arbitration as detailed below, the exclusive forum for any disputes arising out of or relating to this EULA shall be an appropriate federal or state court in Pierce County, Washington and you hereby expressly waive your right to a jury trial and all venue, jurisdiction and choice of law challenges or defenses.
With the exception only of disputes related to the enforcement or validity of either your or emersynth’s intellectual property rights, all disputes, controversies or claims arising out of or relating to this agreement, breach of this agreement or any Software, Products, services or transactions related to this agreement, shall be settled by arbitration. The arbitration proceedings will be conducted in Tacoma, WA and in the English language. The arbitrators shall adopt and apply the provisions of the Federal Rules of Civil Procedure relating to discovery so that each party shall allow and may obtain discovery of any matter not privileged which is relevant to the subject matter involved in the arbitration to the same extent as if such arbitration were a civil action pending in a United States District Court. Judgment upon any arbitration award may be entered and enforced in any court of competent jurisdiction. WITH RESPECT TO DISPUTES SUBJECT TO ARBITRATION PURSUANT TO THIS AGREEMENT, BOTH YOU AND emersynth ARE GIVING UP THE RIGHT TO LITIGATE (OR PARTICIPATE IN AS A PARTY OR CLASS MEMBER) THOSE DISPUTES IN COURT BEFORE A JUDGE OR JURY.
Within the game are Tools available to the user in order to create and share their own content (known as “the Level Editor”). The following restrictions apply to the use of the Level Editor.
In exchange for the right to use the tools and systems created by our company to create your own ideas and content using inspiration from “Tempaux,” you grant the right for our company to make additions to the game inspired by your content made using the tools. You grant our company the perpetual license to use, adapt, and share any ideas present in your content using the tools, excluding the appearance of any copyrighted characters or images and excluding the use of copyrighted audio.
In addition, you will be liable for offenses, legal or otherwise, that arise from content owned by other rights holders. In no event shall emersynth be liable for any (I) special, incidental, consequential, punitive, exemplary, or other indirect damages, (II) third-party claims, or (III) loss or damage to any systems, hardware, or software, records, or data, even if emersynth is advised or made aware of the possibility of such damages. All third-party claims regarding ownership of images, audio, or other material present in the content created and shared by the user using the Level Editor will be the responsibility of the user.
In exchange for the right to use the tools and systems created by emersynth, you agree that your ideas and content will not contain material seen as offensive or inappropriate. This includes messages or attacks of a personal, political, ethnic, or religious nature. You agree to not create or distribute content that can do harm to the user's computer or device, such as a computer virus or malware. In addition, violation of Steam’s Subscriber Agreement constitutes a violation of this agreement.
You agree to defend and hold our company, its employees, partners, licensees, contractors, and affiliates harmless from all damages, losses, or expenses arising directly or indirectly from third-parties in response to your acts in using the Level Editor.
Game here means Software, image files, all accompanying files, data and materials received with your order of "Tempaux”.
If you do not agree to any of the terms of this License, then do not install, distribute or use the game. Violation of the terms of this agreement will result in termination of permission to use “Tempaux” services.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing law of the United States of America. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to the same.
If any provision of this agreement is found invalid by a court of competent jurisdiction, you agree that the court should try to give effect to the parties’ intentions as reflected in the provision and that other provisions of the agreement will remain in full effect.
This game is for personal use only. All components accompanying the software are copyrighted by emersynth and may not be taken apart, modified, used or published with other software or means except with the game software and may not be distributed or copied in any manner.
This game, all accompanying files, data and materials, are distributed "AS IS" and with no warranties of any kind, whether express or implied. The user must assume all risk of using the program. This disclaimer of warranty constitutes an essential part of the agreement.
Any liability of our company will be limited exclusively to refund of purchase price. In addition, in no event shall the company, or its principals, shareholders, officers, employees, affiliates, contractors, subsidiaries, or parent organizations, be liable for any incidental, consequential, punitive or any other damages whatsoever relating to the use of game.
In addition, in no event does emersynth authorize you to use this game in applications or systems where the game's failure to perform can reasonably be expected to result in a physical injury, or in loss of life. Any such use by you is entirely at your own risk, and you agree to hold us harmless from any claims or losses relating to such unauthorized use.
This agreement is deemed a living document and may be modified at any time. Failure to abide by updated terms will constitute a breach of this agreement.
If a change is material, we’ll let you know before they take effect. By using Tempaux services on or after that effective date, you agree to the new Terms. If you don’t agree with the updated agreement, you should cease using Tempaux services, otherwise your use of the service and uploaded content will be subject to the new Terms.
This Agreement constitutes the entire statement of the Agreement between the parties on the subject matter, and merges and supersedes all other or prior understandings, purchase orders, agreements and arrangements.
The copyright of this game, all of its derivatives, title and accompanying materials are the exclusive property of emersynth. All rights of any kind, which are not expressly granted in this License, are entirely and exclusively reserved to and by emersynth. You may not rent, lease, transfer, modify, translate, reverse engineer, de-compile, disassemble or create derivative works based on this game. You may not make access to this game available to others in connection with a service bureau, application service provider, or similar business, or use this game in a business to provide file compression, decompression, or conversion services to others. There are no third party beneficiaries of any promises, obligations or representations made by emersynth herein.
You may not disclose to other persons the data or techniques relating to this game that you know or should know that it is a trade secret of emersynth in any manner that will cause damage to us.
This game and all services provided may be used for lawful purposes only.
Transmission, storage, or presentation of any information, data or material in violation of any United States law is strictly prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. You agree to indemnify and hold our company harmless from any claims resulting from the use of this game, which may damage any other party.
Except to the extent that the applicable laws and regulations of your jurisdiction mandate otherwise, this EULA shall be governed by, construed and interpreted under the laws of the State of Washington, United States of America, without giving effect to any conflicts of laws principles. The parties exclude the application of the United Nations Convention on Contracts for the International Sale of Goods, without implication that such Convention otherwise applies. In the event that any cause of action is not subject to arbitration as detailed below, the exclusive forum for any disputes arising out of or relating to this EULA shall be an appropriate federal or state court in Pierce County, Washington and you hereby expressly waive your right to a jury trial and all venue, jurisdiction and choice of law challenges or defenses.
With the exception only of disputes related to the enforcement or validity of either your or emersynth’s intellectual property rights, all disputes, controversies or claims arising out of or relating to this agreement, breach of this agreement or any Software, Products, services or transactions related to this agreement, shall be settled by arbitration. The arbitration proceedings will be conducted in Tacoma, WA and in the English language. The arbitrators shall adopt and apply the provisions of the Federal Rules of Civil Procedure relating to discovery so that each party shall allow and may obtain discovery of any matter not privileged which is relevant to the subject matter involved in the arbitration to the same extent as if such arbitration were a civil action pending in a United States District Court. Judgment upon any arbitration award may be entered and enforced in any court of competent jurisdiction. WITH RESPECT TO DISPUTES SUBJECT TO ARBITRATION PURSUANT TO THIS AGREEMENT, BOTH YOU AND emersynth ARE GIVING UP THE RIGHT TO LITIGATE (OR PARTICIPATE IN AS A PARTY OR CLASS MEMBER) THOSE DISPUTES IN COURT BEFORE A JUDGE OR JURY.
Within the game are Tools available to the user in order to create and share their own content (known as “the Level Editor”). The following restrictions apply to the use of the Level Editor.
In exchange for the right to use the tools and systems created by our company to create your own ideas and content using inspiration from “Tempaux,” you grant the right for our company to make additions to the game inspired by your content made using the tools. You grant our company the perpetual license to use, adapt, and share any ideas present in your content using the tools, excluding the appearance of any copyrighted characters or images and excluding the use of copyrighted audio.
In addition, you will be liable for offenses, legal or otherwise, that arise from content owned by other rights holders. In no event shall emersynth be liable for any (I) special, incidental, consequential, punitive, exemplary, or other indirect damages, (II) third-party claims, or (III) loss or damage to any systems, hardware, or software, records, or data, even if emersynth is advised or made aware of the possibility of such damages. All third-party claims regarding ownership of images, audio, or other material present in the content created and shared by the user using the Level Editor will be the responsibility of the user.
In exchange for the right to use the tools and systems created by emersynth, you agree that your ideas and content will not contain material seen as offensive or inappropriate. This includes messages or attacks of a personal, political, ethnic, or religious nature. You agree to not create or distribute content that can do harm to the user's computer or device, such as a computer virus or malware. In addition, violation of Steam’s Subscriber Agreement constitutes a violation of this agreement.
You agree to defend and hold our company, its employees, partners, licensees, contractors, and affiliates harmless from all damages, losses, or expenses arising directly or indirectly from third-parties in response to your acts in using the Level Editor.