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END USER LICENSE AGREEMENT ("EULA")
ASCENSION GAMEBOOK by KUDOMOS
IMPORTANT: PLEASE READ THIS AGREEMENT CAREFULLY BEFORE INSTALLING OR USING THIS SOFTWARE.
This End User License Agreement ("Agreement") is a legal agreement between you (either an individual or a single entity) and Kudomos (ABN: 15 384 058 395 ) ("Licensor") for the Ascension Gamebook software product, which includes computer software and associated media and documentation ("Software").
By installing, copying, or otherwise using the Software, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, do not install or use the Software.
1. GRANT OF LICENSE
Subject to the terms and conditions of this Agreement, Licensor grants you a non-exclusive, non-transferable license to:
a) Install and use the Software on one or more personal computers for your personal, non-commercial use.
b) Make one copy of the Software solely for backup or archival purposes.
2. OWNERSHIP AND COPYRIGHT
The Software is owned by Licensor and is protected by copyright laws and international treaty provisions. You acknowledge that no title to the intellectual property in the Software is transferred to you. You further acknowledge that title and full ownership rights to the Software, including all intellectual property rights, will remain the exclusive property of Licensor and you will not acquire any rights to the Software except as expressly set forth in this Agreement.
3. RESTRICTIONS
You may not:
a) Copy, reproduce, or distribute the Software itself except as expressly permitted in this Agreement.
b) Modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based on the Software.
c) Rent, lease, loan, sublicense, or resell the Software.
d) Remove any proprietary notices or labels on the Software.
e) Use the Software for any illegal purpose or in a way that infringes on the rights of others.
### 3.1 CONTENT CREATION AND STREAMING
Notwithstanding the restrictions in Section 3, you are permitted to:
a) Create, publish, and monetize videos, streams, or other content featuring gameplay from the Software on platforms such as YouTube, Twitch, social media, or similar services.
b) Use screenshots, gameplay footage, and other visual or audio elements from the Software within such content.
c) Monetize such content through platform-specific programs (such as ad revenue, channel subscriptions, or donations).
This permission is granted provided that:
a) You do not misrepresent the content as official or imply endorsement by the Licensor unless granted explicitly and can be proven upon formal request.
b) You provide appropriate attribution to "Ascension Gamebook" in your content description where feasible.
c) Your content does not primarily serve as a substitute for the Software (e.g., by showing the complete game from start to finish in a way that reduces the need for viewers to purchase the Software).
d) You comply with the other terms of this Agreement.
Licensor reserves the right to revoke this permission for specific individuals or content that, in Licensor's sole discretion, portrays the Software in a deliberately misleading or harmful manner.
4. UPDATES AND MAINTENANCE
Licensor may, but is not obligated to, provide updates, upgrades, or new versions of the Software. Such updates may be subject to additional terms and conditions.
5. TERMINATION
This Agreement is effective until terminated. You may terminate it at any time by destroying the Software together with all copies. It will also terminate automatically if you fail to comply with any term or condition of this Agreement. Upon termination, you must destroy all copies of the Software.
6. DISCLAIMER OF WARRANTIES
THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU.
LICENSOR DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IN THAT EVENT, SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY OF THE SOFTWARE.
7. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ANY CASE, LICENSOR'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE.
BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
8. AUSTRALIAN CONSUMER LAW
Nothing in this Agreement excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the Australian Consumer Law, Schedule 2 of the Competition and Consumer Act 2010 (Cth) ("ACL") or any other applicable law that cannot be excluded, restricted or modified by agreement.
To the fullest extent permitted by law, the Licensor's liability for a breach of a non-excludable guarantee referred to above is limited, at the Licensor's option, to:
a) in the case of goods, any one or more of the following: the replacement of the goods or the supply of equivalent goods; the repair of the goods; the payment of the cost of replacing the goods or of acquiring equivalent goods; or the payment of the cost of having the goods repaired; or
b) in the case of services: the supplying of the services again; or the payment of the cost of having the services supplied again.
9. EXPORT CONTROLS
You may not export or re-export the Software or any underlying information or technology except in full compliance with all applicable laws and regulations.
10. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of Australia, without giving effect to any principles of conflicts of law. You consent to the exclusive jurisdiction of the courts located in the State of Queensland (QLD) for the resolution of any dispute relating to this Agreement.
11. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between you and Licensor relating to the Software and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this Agreement will be binding unless in writing and signed by Licensor.
By installing or using the Software, you acknowledge that you have read this Agreement, understand it, and agree to be bound by its terms and conditions.
ASCENSION GAMEBOOK by KUDOMOS
IMPORTANT: PLEASE READ THIS AGREEMENT CAREFULLY BEFORE INSTALLING OR USING THIS SOFTWARE.
This End User License Agreement ("Agreement") is a legal agreement between you (either an individual or a single entity) and Kudomos (ABN: 15 384 058 395 ) ("Licensor") for the Ascension Gamebook software product, which includes computer software and associated media and documentation ("Software").
By installing, copying, or otherwise using the Software, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, do not install or use the Software.
1. GRANT OF LICENSE
Subject to the terms and conditions of this Agreement, Licensor grants you a non-exclusive, non-transferable license to:
a) Install and use the Software on one or more personal computers for your personal, non-commercial use.
b) Make one copy of the Software solely for backup or archival purposes.
2. OWNERSHIP AND COPYRIGHT
The Software is owned by Licensor and is protected by copyright laws and international treaty provisions. You acknowledge that no title to the intellectual property in the Software is transferred to you. You further acknowledge that title and full ownership rights to the Software, including all intellectual property rights, will remain the exclusive property of Licensor and you will not acquire any rights to the Software except as expressly set forth in this Agreement.
3. RESTRICTIONS
You may not:
a) Copy, reproduce, or distribute the Software itself except as expressly permitted in this Agreement.
b) Modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based on the Software.
c) Rent, lease, loan, sublicense, or resell the Software.
d) Remove any proprietary notices or labels on the Software.
e) Use the Software for any illegal purpose or in a way that infringes on the rights of others.
### 3.1 CONTENT CREATION AND STREAMING
Notwithstanding the restrictions in Section 3, you are permitted to:
a) Create, publish, and monetize videos, streams, or other content featuring gameplay from the Software on platforms such as YouTube, Twitch, social media, or similar services.
b) Use screenshots, gameplay footage, and other visual or audio elements from the Software within such content.
c) Monetize such content through platform-specific programs (such as ad revenue, channel subscriptions, or donations).
This permission is granted provided that:
a) You do not misrepresent the content as official or imply endorsement by the Licensor unless granted explicitly and can be proven upon formal request.
b) You provide appropriate attribution to "Ascension Gamebook" in your content description where feasible.
c) Your content does not primarily serve as a substitute for the Software (e.g., by showing the complete game from start to finish in a way that reduces the need for viewers to purchase the Software).
d) You comply with the other terms of this Agreement.
Licensor reserves the right to revoke this permission for specific individuals or content that, in Licensor's sole discretion, portrays the Software in a deliberately misleading or harmful manner.
4. UPDATES AND MAINTENANCE
Licensor may, but is not obligated to, provide updates, upgrades, or new versions of the Software. Such updates may be subject to additional terms and conditions.
5. TERMINATION
This Agreement is effective until terminated. You may terminate it at any time by destroying the Software together with all copies. It will also terminate automatically if you fail to comply with any term or condition of this Agreement. Upon termination, you must destroy all copies of the Software.
6. DISCLAIMER OF WARRANTIES
THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU.
LICENSOR DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IN THAT EVENT, SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY OF THE SOFTWARE.
7. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ANY CASE, LICENSOR'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE.
BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
8. AUSTRALIAN CONSUMER LAW
Nothing in this Agreement excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the Australian Consumer Law, Schedule 2 of the Competition and Consumer Act 2010 (Cth) ("ACL") or any other applicable law that cannot be excluded, restricted or modified by agreement.
To the fullest extent permitted by law, the Licensor's liability for a breach of a non-excludable guarantee referred to above is limited, at the Licensor's option, to:
a) in the case of goods, any one or more of the following: the replacement of the goods or the supply of equivalent goods; the repair of the goods; the payment of the cost of replacing the goods or of acquiring equivalent goods; or the payment of the cost of having the goods repaired; or
b) in the case of services: the supplying of the services again; or the payment of the cost of having the services supplied again.
9. EXPORT CONTROLS
You may not export or re-export the Software or any underlying information or technology except in full compliance with all applicable laws and regulations.
10. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of Australia, without giving effect to any principles of conflicts of law. You consent to the exclusive jurisdiction of the courts located in the State of Queensland (QLD) for the resolution of any dispute relating to this Agreement.
11. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between you and Licensor relating to the Software and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this Agreement will be binding unless in writing and signed by Licensor.
By installing or using the Software, you acknowledge that you have read this Agreement, understand it, and agree to be bound by its terms and conditions.