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1. READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE INSTALLING THE PROGRAM. INSTALLING OR USING THE PROGRAM MEANS YOU ACCEPT THESE TERMS AND CONDITIONS AND UNDERSTAND THAT THEY WILL BE LEGALLY BINDING ON YOU. IF YOU DO NOT AGREE WITH THEM, DO NOT INSTALL OR USE THE PROGRAM AND DELETE ALL COPIES IN YOUR POSSESSION.
2. Wise Wizard Games LLC grants you a nonexclusive license to use "Draconis 8" (the Program), but retains all property rights in the Program and all copies thereof.
3. This Agreement is effective upon your installation or your first use of the Program or any update to the Program, and shall continue until revoked by Wise Wizard Games LLC or until you breach any term hereof; upon termination you agree to destroy all copies of the Program in your possession.
4. THE PROGRAM IS LICENSED AS IS, AND WISE WIZARD GAMES LLC HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT WILL WISE WIZARD GAMES LLC BE LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST PROFITS, LOST SAVINGS, DAMAGE TO COMPUTER HARDWARE OR SOFTWARE, LOSS OF DATA OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE SUCH PROGRAM EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states do not allow the exclusion of implied warranties or the limitations or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.
5. You shall not modify or reverse-engineer the Program, or merge the Program into another computer program, or create derivative works based upon the Program.
6. Do not download the Program if you reside in a country to which the download of the Program would violate U.S. export laws or regulations, and do not distribute the Program in violation of such laws or regulations. Draconis 8 may not be downloaded or otherwise exported or re- exported into (or to a national or resident of) any country to which the U.S. has embargoed goods or to anyone on the U.S. Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders.
7. You shall not attempt to cheat in any manner. Examples of cheating include conceding games in exchange for money or other consideration, interfering with any player's communications, or making use of any program or service other than the official Draconis 8 program. Wise Wizard Games LLC reserves the right to define additional behaviors that constitute cheating at any time. Cheating is a breach of this Agreement and will be grounds for the revocation of on-line privileges without refund.
8. Wise Wizard Games LLC reserves the right to change the rules, behavior, and capabilities of the Draconis 8 game and virtual cards.
9. USER GENERATED CONTRIBUTIONS
The Draconis 8 app may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us, including but not limited to custom scripts, text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Draconis 8 App and through third-party websites or applications. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
9a. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
9b. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Draconis 8 App, and other users of the app to use your Contributions in any manner.
9c. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness or each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Draconis 8 App and this License Agreement.
9d. Your Contributions are not false, inaccurate, or misleading.
9e. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
9f. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
9g. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
9h. Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
9i. Your Contributions do not violate any applicable law, regulation, or rule.
9j. Your Contributions do not violate the privacy or publicity rights of any third party.
9k. Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
9l. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
9m. Your Contributions do not otherwise violate, or link to material that violates, any provision of this License Agreement, or any applicable law or regulation.
Any use of the Draconis 8 App in violation of the foregoing violates this License Agreement and may result in, among other things, termination or suspension of your rights to use the Draconis 8 App.
10. CONTRIBUTION LICENSE
By posting your Contributions to any part of the Draconis 8 App or making Contributions accessible to the Draconis 8 App by linking your account from the Draconis 8 App to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use copy, reproduce, disclose, sell, resell, publish, broad cast, retitle, archive, store, cache, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial advertising, or otherwise, and to prepare derivative works of, or incorporate in other works, such as Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
In the event you upload or otherwise transmit any concepts, ideas, or feedback relating to the Platform, you shall not be entitled to any compensation for any such submission. WWG may freely use any such submission in any manner it deems appropriate. Any such submission by you shall not create any contractual relationship between you and WWG. Except to the extent that any such waiver is prohibited by law, you hereby waive the benefit of any provision of law known as "moral rights" or "droit moral" or any similar law in any country of the world.
This license will apply to any form, media, script or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area in the Draconis 8 App. You are solely responsible for your Contributions to the Draconis 8 App and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to recategorize any Contributions to place them in more appropriate locations in the Draconis 8 App; and (3) to prescreen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
11. This agreement will be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts. Any action brought by either party in accordance with this agreement shall be brought in Middlesex County in the Commonwealth of Massachusetts. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.
Draconis 8 ™ © 2024 Wise Wizard Games LLC
2. Wise Wizard Games LLC grants you a nonexclusive license to use "Draconis 8" (the Program), but retains all property rights in the Program and all copies thereof.
3. This Agreement is effective upon your installation or your first use of the Program or any update to the Program, and shall continue until revoked by Wise Wizard Games LLC or until you breach any term hereof; upon termination you agree to destroy all copies of the Program in your possession.
4. THE PROGRAM IS LICENSED AS IS, AND WISE WIZARD GAMES LLC HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT WILL WISE WIZARD GAMES LLC BE LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST PROFITS, LOST SAVINGS, DAMAGE TO COMPUTER HARDWARE OR SOFTWARE, LOSS OF DATA OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE SUCH PROGRAM EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states do not allow the exclusion of implied warranties or the limitations or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.
5. You shall not modify or reverse-engineer the Program, or merge the Program into another computer program, or create derivative works based upon the Program.
6. Do not download the Program if you reside in a country to which the download of the Program would violate U.S. export laws or regulations, and do not distribute the Program in violation of such laws or regulations. Draconis 8 may not be downloaded or otherwise exported or re- exported into (or to a national or resident of) any country to which the U.S. has embargoed goods or to anyone on the U.S. Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders.
7. You shall not attempt to cheat in any manner. Examples of cheating include conceding games in exchange for money or other consideration, interfering with any player's communications, or making use of any program or service other than the official Draconis 8 program. Wise Wizard Games LLC reserves the right to define additional behaviors that constitute cheating at any time. Cheating is a breach of this Agreement and will be grounds for the revocation of on-line privileges without refund.
8. Wise Wizard Games LLC reserves the right to change the rules, behavior, and capabilities of the Draconis 8 game and virtual cards.
9. USER GENERATED CONTRIBUTIONS
The Draconis 8 app may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us, including but not limited to custom scripts, text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Draconis 8 App and through third-party websites or applications. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
9a. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
9b. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Draconis 8 App, and other users of the app to use your Contributions in any manner.
9c. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness or each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Draconis 8 App and this License Agreement.
9d. Your Contributions are not false, inaccurate, or misleading.
9e. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
9f. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
9g. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
9h. Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
9i. Your Contributions do not violate any applicable law, regulation, or rule.
9j. Your Contributions do not violate the privacy or publicity rights of any third party.
9k. Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
9l. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
9m. Your Contributions do not otherwise violate, or link to material that violates, any provision of this License Agreement, or any applicable law or regulation.
Any use of the Draconis 8 App in violation of the foregoing violates this License Agreement and may result in, among other things, termination or suspension of your rights to use the Draconis 8 App.
10. CONTRIBUTION LICENSE
By posting your Contributions to any part of the Draconis 8 App or making Contributions accessible to the Draconis 8 App by linking your account from the Draconis 8 App to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use copy, reproduce, disclose, sell, resell, publish, broad cast, retitle, archive, store, cache, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial advertising, or otherwise, and to prepare derivative works of, or incorporate in other works, such as Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
In the event you upload or otherwise transmit any concepts, ideas, or feedback relating to the Platform, you shall not be entitled to any compensation for any such submission. WWG may freely use any such submission in any manner it deems appropriate. Any such submission by you shall not create any contractual relationship between you and WWG. Except to the extent that any such waiver is prohibited by law, you hereby waive the benefit of any provision of law known as "moral rights" or "droit moral" or any similar law in any country of the world.
This license will apply to any form, media, script or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area in the Draconis 8 App. You are solely responsible for your Contributions to the Draconis 8 App and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to recategorize any Contributions to place them in more appropriate locations in the Draconis 8 App; and (3) to prescreen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
11. This agreement will be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts. Any action brought by either party in accordance with this agreement shall be brought in Middlesex County in the Commonwealth of Massachusetts. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.
Draconis 8 ™ © 2024 Wise Wizard Games LLC