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Reindeer Games Interactive
End User License Agreement
THIS END USER LICENSE AGREEMENT ("EULA") IS A BINDING LEGAL AGREEMENT BETWEEN REINDEER GAMES INTERACTIVE ("REINDEER GAMES INTERACTIVE") AND YOU AND, IF APPLICABLE, THE COMPANY OR OTHER LEGAL ENTITY YOU REPRESENT (COLLECTIVELY, "YOU" AND "YOUR") REGARDING THE ROLLIN' GARRY SOFTWARE THAT YOU ARE INSTALLING, INCLUDING ANY ACCOMPANYING MANUAL OR OTHER RELATED MATERIAL PROVIDED BY REINDEER GAMES INTERACTIVE PART OF, OR IN CONNECTION, (INCLUDING DOWNLOADABLE CONTENT) THEREWITH (COLLECTIVELY, "ROLLIN' GARRY").
BY CLICKING THE "I AGREE" BUTTON BELOW, OR BY OTHERWISE CONTINUING TO INSTALL, DOWNLOAD, COPY, ACCESS OR USE ROLLIN' GARRY, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE, YOU MUST SELECT THE "I DON'T AGREE" BUTTON AND YOU MAY NOT CONTINUE TO INSTALL, DOWNLOAD, COPY, ACCESS OR USE ROLLIN' GARRY.
1. LICENSE GRANT AND RESTRICTIONS.
1.1 License Grant. Reindeer Games Interactive hereby grants to you a non-exclusive license to use a single copy of the object code version of the Rollin' Garry for your personal, non-commercial home entertainment use on one personal computer or other compatible electronic device.
1.2 Restrictions. You may not (i) decompile, disassemble or reverse engineer Rollin' Garry or otherwise attempt to gain access to its source code, except to the extent that such restrictions are expressly prohibited by law; (ii) copy, offer for public display or create derivative works thereof, except to the extent that such restrictions are expressly prohibited by law; (iii) rent, lease, loan, sublicense or distribute Rollin' Garry, or offer it on a pay-per-play, coin-op or other for charge (or free) basis; (iv) use Rollin' Garry to infringe the copyrights or other intellectual property rights of others in any way; (v) modify or delete the copyright and other proprietary rights notices on or in the Rollin' Garry.
1.3 Additional Restrictions for Trial Versions. If the Rollin' Garry was provided to you for trial use for a limited period of time and/or number of uses, you agree not to use the Rollin' Garry beyond the expiration or termination of the trial period. You acknowledge and agree that the Rollin' Garry may include code designed to prevent you from exceeding these limits, and that such code may remain on your computer or device after deletion of the Rollin' Garry to prevent you from installing another copy of the Rollin' Garry and repeating the trial.
2. TERMINATION. This EULA is effective until terminated. Reindeer Games Interactive may terminate this EULA immediately upon notice to you if you breach any of its terms or conditions. Upon termination of this EULA, you agree to immediately uninstall the Rollin' Garry and destroy all copies of Rollin' Garry that you possess.
3. Rollin' Garry OWNERSHIP. The Rollin' Garry is the copyrighted proprietary material of Reindeer Games Interactive, and/or its third-party licensors and is subject to copyright protection under United States of America copyright law and international copyright treaties, as well as other intellectual property laws and treaties. Reindeer Games Interactive and/or its third-party licensors retain all right, title, and interest in the Rollin' Garry (and any copies thereof) and specifically reserve all rights not expressly granted under this EULA.
4. LIMITATION OF LIABILITY. IN NO EVENT WILL REINDEER GAMES INTERACTIVE'S PARTIES' TOTAL AGGREGATE LIABILITY TO YOU FOR DIRECT DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS EULA AND/OR YOUR USE OF THE ROLLIN' GARRY EXCEED THE AMOUNT PAID BY YOU FOR ROLLIN' GARRY. IN NO EVENT WILL REINDEER GAMES INTERACTIVE PARTIES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR ANY OTHER TYPE OF DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES RELATING TO LOST PROFITS, LOSS OF DATA, PRIVACY, NEGLIGENCE OR OTHER DUTY OF CARE), EVEN IF ONE OR MORE OF REINDEER GAMES INTERACTIVE PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
5. BASIS OF THE BARGAIN; EXCLUSIONS. The disclaimers of warranties and limitations of liability set forth above are fundamental elements of the basis of the agreement between you and Reindeer Games Interactive. You understand and agree that Reindeer Games Interactive would not be able to economically or reasonably provide Rollin' Garry to you without these limitations.
6. INDEMNIFICATION. You agree to indemnify, defend and hold harmless the Reindeer Games Interactive Parties, including their respective employees, officers, directors and personnel from any claims, losses, damages, liabilities, including attorneys' fees, arising out of your violation of this EULA and/or your use or misuse of Rollin' Garry.
7. MISCELLANEOUS. You agree to comply with all United States and foreign laws related to your use of the Rollin' Garry. This is the entire agreement between you and Reindeer Games Interactive relating to the subject matter herein and replaces any and all previous representations, agreements, understandings or communications, whether written or oral. This EULA may not be modified except by Reindeer Games Interactive or legal representations of Reindeer Games Interactive. If a court of competent jurisdiction declares any provision of this EULA to be void or unenforceable, then such provision will be interpreted, construed or reformed to the extent reasonably required to render it valid, enforceable and consistent with the original intent underlying such provision, and such invalidity or unenforceability will not affect any other provision of this EULA. The English language version of this EULA will control its interpretation.
8. Rollin' Garry includes the Unreal® Engine code and other code, materials, and information (the “Epic Materials”) from Epic Games, Inc. (“Epic”). All Epic Materials are provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind. Reindeer Games Interactive, Epic, and Epic’s affiliates disclaim all warranties, conditions, common law duties, and representations (express, implied, oral, and written) with respect to the Epic Materials, including without limitation all express, implied, and statutory warranties and conditions of any kind, such as title, non-interference with your enjoyment, authority, non-infringement, merchantability, fitness or suitability for any purpose (whether or not Epic knows or has reason to know of any such purpose), system integration, accuracy or completeness, results, reasonable care, workmanlike effort, lack of negligence, and lack of viruses, whether alleged to arise under law, by reason of custom or usage in the trade, or by course of dealing. Without limiting the generality of the foregoing, Reindeer Games Interactive, Epic, and Epic’s affiliates make no warranty that (1) any of the Epic Materials will operate properly, including as integrated in the Rollin' Garry, (2) that the Epic Materials will meet your requirements, (3) that the operation of the Epic Materials will be uninterrupted, bug free, or error free in any or all circumstances, (4) that any defects in the Epic Materials can or will be corrected, (5) that the Epic Materials are or will be in compliance with a platform manufacturer’s rules or requirements, or (6) that a platform manufacturer has approved or will approve this Rollin' Garry, or will not revoke approval of this Rollin' Garry for any or no reason. Any warranty against infringement that may be provided in Section 2-312 of the Uniform Commercial Code or in any other comparable statute is expressly disclaimed by Reindeer Games Interactive and Epic. Reindeer Games Interactive, Epic, and Epic’s affiliates do not guarantee continuous, error-free, virus-free, or secure operation of or access to the Epic Materials. This paragraph will apply to the maximum extent permitted by applicable law.
To the maximum extent permitted by applicable law, neither Reindeer Games Interactive, Epic, Epic’s licensors, nor its or their affiliates, nor any of Reindeer Games Interactive's or Epic’s service providers, shall be liable in any way for loss or damage of any kind resulting from the use or inability to use the Epic Materials or otherwise in connection with this Agreement, including but not limited to loss of goodwill, work stoppage, computer failure, or malfunction, or any and all other commercial damages or losses. In no event will Reindeer Games Interactive, Epic, Epic’s licensors, nor its or their affiliates, nor any of Reindeer Games Interactive's or Epic’s service providers be liable for any loss of profits or any indirect, incidental, consequential, special, punitive, or exemplary damages, or any other damages arising out of or in connection with this Agreement or the Epic Materials, or the delay or inability to use or lack of functionality of the Epic Materials, even in the event of Reindeer Games Interactive's, Epic’s, or Epic’s affiliates’ fault, tort (including negligence), strict liability, indemnity, product liability, breach of contract, breach of warranty, or otherwise and even if Reindeer Games Interactive, Epic or Epic’s affiliates have been advised of the possibility of such damages. These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate compensation.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Reindeer Games Interactive, Epic, Epic’s licensors, its and their affiliates, and any of Reindeer Games Interactive's or Epic’s service providers shall be limited to the full extent permitted by law.
End User License Agreement
THIS END USER LICENSE AGREEMENT ("EULA") IS A BINDING LEGAL AGREEMENT BETWEEN REINDEER GAMES INTERACTIVE ("REINDEER GAMES INTERACTIVE") AND YOU AND, IF APPLICABLE, THE COMPANY OR OTHER LEGAL ENTITY YOU REPRESENT (COLLECTIVELY, "YOU" AND "YOUR") REGARDING THE ROLLIN' GARRY SOFTWARE THAT YOU ARE INSTALLING, INCLUDING ANY ACCOMPANYING MANUAL OR OTHER RELATED MATERIAL PROVIDED BY REINDEER GAMES INTERACTIVE PART OF, OR IN CONNECTION, (INCLUDING DOWNLOADABLE CONTENT) THEREWITH (COLLECTIVELY, "ROLLIN' GARRY").
BY CLICKING THE "I AGREE" BUTTON BELOW, OR BY OTHERWISE CONTINUING TO INSTALL, DOWNLOAD, COPY, ACCESS OR USE ROLLIN' GARRY, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE, YOU MUST SELECT THE "I DON'T AGREE" BUTTON AND YOU MAY NOT CONTINUE TO INSTALL, DOWNLOAD, COPY, ACCESS OR USE ROLLIN' GARRY.
1. LICENSE GRANT AND RESTRICTIONS.
1.1 License Grant. Reindeer Games Interactive hereby grants to you a non-exclusive license to use a single copy of the object code version of the Rollin' Garry for your personal, non-commercial home entertainment use on one personal computer or other compatible electronic device.
1.2 Restrictions. You may not (i) decompile, disassemble or reverse engineer Rollin' Garry or otherwise attempt to gain access to its source code, except to the extent that such restrictions are expressly prohibited by law; (ii) copy, offer for public display or create derivative works thereof, except to the extent that such restrictions are expressly prohibited by law; (iii) rent, lease, loan, sublicense or distribute Rollin' Garry, or offer it on a pay-per-play, coin-op or other for charge (or free) basis; (iv) use Rollin' Garry to infringe the copyrights or other intellectual property rights of others in any way; (v) modify or delete the copyright and other proprietary rights notices on or in the Rollin' Garry.
1.3 Additional Restrictions for Trial Versions. If the Rollin' Garry was provided to you for trial use for a limited period of time and/or number of uses, you agree not to use the Rollin' Garry beyond the expiration or termination of the trial period. You acknowledge and agree that the Rollin' Garry may include code designed to prevent you from exceeding these limits, and that such code may remain on your computer or device after deletion of the Rollin' Garry to prevent you from installing another copy of the Rollin' Garry and repeating the trial.
2. TERMINATION. This EULA is effective until terminated. Reindeer Games Interactive may terminate this EULA immediately upon notice to you if you breach any of its terms or conditions. Upon termination of this EULA, you agree to immediately uninstall the Rollin' Garry and destroy all copies of Rollin' Garry that you possess.
3. Rollin' Garry OWNERSHIP. The Rollin' Garry is the copyrighted proprietary material of Reindeer Games Interactive, and/or its third-party licensors and is subject to copyright protection under United States of America copyright law and international copyright treaties, as well as other intellectual property laws and treaties. Reindeer Games Interactive and/or its third-party licensors retain all right, title, and interest in the Rollin' Garry (and any copies thereof) and specifically reserve all rights not expressly granted under this EULA.
4. LIMITATION OF LIABILITY. IN NO EVENT WILL REINDEER GAMES INTERACTIVE'S PARTIES' TOTAL AGGREGATE LIABILITY TO YOU FOR DIRECT DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS EULA AND/OR YOUR USE OF THE ROLLIN' GARRY EXCEED THE AMOUNT PAID BY YOU FOR ROLLIN' GARRY. IN NO EVENT WILL REINDEER GAMES INTERACTIVE PARTIES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR ANY OTHER TYPE OF DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES RELATING TO LOST PROFITS, LOSS OF DATA, PRIVACY, NEGLIGENCE OR OTHER DUTY OF CARE), EVEN IF ONE OR MORE OF REINDEER GAMES INTERACTIVE PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
5. BASIS OF THE BARGAIN; EXCLUSIONS. The disclaimers of warranties and limitations of liability set forth above are fundamental elements of the basis of the agreement between you and Reindeer Games Interactive. You understand and agree that Reindeer Games Interactive would not be able to economically or reasonably provide Rollin' Garry to you without these limitations.
6. INDEMNIFICATION. You agree to indemnify, defend and hold harmless the Reindeer Games Interactive Parties, including their respective employees, officers, directors and personnel from any claims, losses, damages, liabilities, including attorneys' fees, arising out of your violation of this EULA and/or your use or misuse of Rollin' Garry.
7. MISCELLANEOUS. You agree to comply with all United States and foreign laws related to your use of the Rollin' Garry. This is the entire agreement between you and Reindeer Games Interactive relating to the subject matter herein and replaces any and all previous representations, agreements, understandings or communications, whether written or oral. This EULA may not be modified except by Reindeer Games Interactive or legal representations of Reindeer Games Interactive. If a court of competent jurisdiction declares any provision of this EULA to be void or unenforceable, then such provision will be interpreted, construed or reformed to the extent reasonably required to render it valid, enforceable and consistent with the original intent underlying such provision, and such invalidity or unenforceability will not affect any other provision of this EULA. The English language version of this EULA will control its interpretation.
8. Rollin' Garry includes the Unreal® Engine code and other code, materials, and information (the “Epic Materials”) from Epic Games, Inc. (“Epic”). All Epic Materials are provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind. Reindeer Games Interactive, Epic, and Epic’s affiliates disclaim all warranties, conditions, common law duties, and representations (express, implied, oral, and written) with respect to the Epic Materials, including without limitation all express, implied, and statutory warranties and conditions of any kind, such as title, non-interference with your enjoyment, authority, non-infringement, merchantability, fitness or suitability for any purpose (whether or not Epic knows or has reason to know of any such purpose), system integration, accuracy or completeness, results, reasonable care, workmanlike effort, lack of negligence, and lack of viruses, whether alleged to arise under law, by reason of custom or usage in the trade, or by course of dealing. Without limiting the generality of the foregoing, Reindeer Games Interactive, Epic, and Epic’s affiliates make no warranty that (1) any of the Epic Materials will operate properly, including as integrated in the Rollin' Garry, (2) that the Epic Materials will meet your requirements, (3) that the operation of the Epic Materials will be uninterrupted, bug free, or error free in any or all circumstances, (4) that any defects in the Epic Materials can or will be corrected, (5) that the Epic Materials are or will be in compliance with a platform manufacturer’s rules or requirements, or (6) that a platform manufacturer has approved or will approve this Rollin' Garry, or will not revoke approval of this Rollin' Garry for any or no reason. Any warranty against infringement that may be provided in Section 2-312 of the Uniform Commercial Code or in any other comparable statute is expressly disclaimed by Reindeer Games Interactive and Epic. Reindeer Games Interactive, Epic, and Epic’s affiliates do not guarantee continuous, error-free, virus-free, or secure operation of or access to the Epic Materials. This paragraph will apply to the maximum extent permitted by applicable law.
To the maximum extent permitted by applicable law, neither Reindeer Games Interactive, Epic, Epic’s licensors, nor its or their affiliates, nor any of Reindeer Games Interactive's or Epic’s service providers, shall be liable in any way for loss or damage of any kind resulting from the use or inability to use the Epic Materials or otherwise in connection with this Agreement, including but not limited to loss of goodwill, work stoppage, computer failure, or malfunction, or any and all other commercial damages or losses. In no event will Reindeer Games Interactive, Epic, Epic’s licensors, nor its or their affiliates, nor any of Reindeer Games Interactive's or Epic’s service providers be liable for any loss of profits or any indirect, incidental, consequential, special, punitive, or exemplary damages, or any other damages arising out of or in connection with this Agreement or the Epic Materials, or the delay or inability to use or lack of functionality of the Epic Materials, even in the event of Reindeer Games Interactive's, Epic’s, or Epic’s affiliates’ fault, tort (including negligence), strict liability, indemnity, product liability, breach of contract, breach of warranty, or otherwise and even if Reindeer Games Interactive, Epic or Epic’s affiliates have been advised of the possibility of such damages. These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate compensation.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Reindeer Games Interactive, Epic, Epic’s licensors, its and their affiliates, and any of Reindeer Games Interactive's or Epic’s service providers shall be limited to the full extent permitted by law.