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END USER LICENSE AGREEMENT
IMPORTANT: PLEASE READ THIS AGREEMENT CAREFULLY.
This End User License Agreement (the "Agreement") is a legal agreement between you and Third Wind Interactive.
This Agreement governs your access to and use of the video game "MODULE", including all associated software, updates, patches, downloadable content (DLC), expansions, features, services, and all accompanying documentation, media, and materials provided by Us.
BY CLICKING "ACCEPT" OR "I AGREE," DOWNLOADING, INSTALLING, ACCESSING, OR OTHERWISE USING THE GAME, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT DOWNLOAD, INSTALL, ACCESS, OR USE THE GAME.
1. LICENSE GRANT
1.1. Limited License. Subject to your compliance with the terms and conditions of this Agreement. We hereby grant You a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the Game for your personal use.
1.2. Restrictions. You may not, and agree not to:
a. Copy, reproduce, distribute, transmit, display, perform, publish, sell, license, rent, lease, lend, loan, or otherwise exploit the Game or any part thereof, except as expressly permitted by this Agreement.
b. Modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based on the Game or any part thereof.
c. Remove, alter, or obscure any copyright, trademark, or other proprietary rights notices from the Game.
d. Use the Game in any manner that violates applicable laws or regulations.
e. Use any unauthorized third-party software, scripts, or programs to modify or automate any aspect of the Game, interfere with its operation, or otherwise gain an unfair advantage.
f. Engage in any conduct that We, in Our sole discretion, deem to be offensive, harmful, or disruptive to the Game or its users.
2. OWNERSHIP AND INTELLECTUAL PROPERTY
2.1. Our Rights. The Game, including all intellectual property rights therein (such as copyrights, trademarks, trade secrets, patents, and other proprietary rights), is owned by Us. This Agreement grants You only a limited license to use the game and does not transfer any ownership rights or intellectual property rights to You.
2.2. Trademarks. All trademarks, service marks, trade names, and logos associated with the Game are proprietary to Us or Our licensors. You may not use these marks without Our prior written permission.
3. USER-GENERATED CONTENT (UGC)
3.1. Your UGC. The Game may allow You to create, upload, submit, store, send, receive, and share content, including but not limited to, levels, skins, text, and other materials created by You ("User-Generated Content" or "UGC"). You retain ownership of any intellectual property rights that You hold in your UGC.
3.2. Our License to Your UGC. By creating, uploading, submitting, storing, sending, or receiving UGC through the Game, You hereby grant to Licensor a worldwide, non-exclusive, royalty-free, fully paid-up, perpetual, irrevocable, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, perform, and otherwise exploit the UGC in connection with the Game and Licensor's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Game (and derivative works thereof) in any media formats and through any media channels. This license includes the right to use your name, likeness, and any information about You as may be associated with your UGC.
3.3. Your Representations and Warranties for UGC. You represent and warrant that:
a. You own all intellectual property rights in your UGC or have obtained all necessary licenses, rights, consents, and permissions to use and to grant Licensor the license rights set forth above.
b. Your UGC and its use by Licensor will not infringe, misappropriate, or violate a third party's intellectual property rights, privacy rights, publicity rights, or any applicable laws or regulations.
c. Your UGC does not contain any illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, or otherwise objectionable content.
d. Your UGC does not contain any viruses, corrupted data, or other harmful or malicious code.
3.4. No Obligation to Monitor. We are not obligated to monitor, review, or remove UGC. However, we reserve the right, but not the obligation, to:
a. Review, monitor, filter, or remove any UGC at Our sole discretion, for any reason, without notice.
b. Suspend or terminate your access to the Game or your ability to submit UGC if We determine that your UGC violates this Agreement or is otherwise objectionable.
c. Cooperate with law enforcement authorities and comply with legal process regarding any UGC.
3.5. No Compensation for UGC. You acknowledge and agree that you will not receive any compensation for any UGC you submit or for the license granted to Us herein.
4. UPDATES, PATCHES, AND MODIFICATIONS
We may, from time to time, provide updates, patches, bug fixes, or other modifications to the Game. These updates may be required for You to continue to play the Game. You acknowledge and agree that We may update the Game with or without notice to You.
5. TERMINATION
5.1. By You. You may terminate this Agreement at any time by ceasing all use of the Game and deleting all copies of the Game from your devices.
5.2. By Us. We may terminate this Agreement and your license to use the Game immediately, without prior notice, if You breach any term of this Agreement. We also reserve the right to suspend or terminate your access to the Game for any reason, or no reason, at Our sole discretion.
5.3. Effect of Termination. Upon termination, your license to use the Game will immediately cease. You must cease all use of the Game and delete all copies of the Game from your devices. Sections 2 (Ownership and Intellectual Property), 3 (User-Generated Content), 6 (Disclaimers), 7 (Limitation of Liability), 8 (Indemnification), and 9 (General Provisions) shall survive any termination of this Agreement.
6. DISCLAIMERS
THE GAME IS PROVIDED "AS IS," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY. WE DO NOT WARRANT THAT THE GAME WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE MAKE NO WARRANTY THAT THE GAME WILL MEET YOUR REQUIREMENTS.
7. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LICENSOR, ITS AFFILIATES, LICENSORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE GAME, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT LICENSOR HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE. OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE GAME OR THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO US FOR THE GAME.
8. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Licensor, its affiliates, licensors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with:
a. Your access to or use of the Game.
b. Your breach of this Agreement.
c. Your UGC, including any claim that your UGC infringes the intellectual property rights or other rights of a third party.
d. Your violation of any applicable law or regulation.
9. GENERAL PROVISIONS
9.1. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles.
OR
This Agreement shall be governed by and construed in accordance with the laws of The United States of America, without regard to its conflict of law principles.
9.2. Dispute Resolution. Informal Resolution. Most concerns can be resolved informally. You agree to first attempt to resolve any dispute with Us informally by contacting us at thirdwindint@gmail.com
9.3. Severability. If any provision of this Agreement is found to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of this Agreement will remain in full force and effect.
9.4. Entire Agreement. This Agreement constitutes the entire agreement between You and Us regarding the use of the Game and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral.
9.5. Waiver. Our failure to enforce any right or provision of this Agreement will not be considered a waiver of those rights.
9.6. Assignment. You may not assign or transfer your rights or obligations under this Agreement without Our prior written consent. We may assign or transfer Our rights and obligations under this Agreement without restriction.
BY CLICKING "ACCEPT" OR USING THE GAME, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
IMPORTANT: PLEASE READ THIS AGREEMENT CAREFULLY.
This End User License Agreement (the "Agreement") is a legal agreement between you and Third Wind Interactive.
This Agreement governs your access to and use of the video game "MODULE", including all associated software, updates, patches, downloadable content (DLC), expansions, features, services, and all accompanying documentation, media, and materials provided by Us.
BY CLICKING "ACCEPT" OR "I AGREE," DOWNLOADING, INSTALLING, ACCESSING, OR OTHERWISE USING THE GAME, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT DOWNLOAD, INSTALL, ACCESS, OR USE THE GAME.
1. LICENSE GRANT
1.1. Limited License. Subject to your compliance with the terms and conditions of this Agreement. We hereby grant You a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the Game for your personal use.
1.2. Restrictions. You may not, and agree not to:
a. Copy, reproduce, distribute, transmit, display, perform, publish, sell, license, rent, lease, lend, loan, or otherwise exploit the Game or any part thereof, except as expressly permitted by this Agreement.
b. Modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based on the Game or any part thereof.
c. Remove, alter, or obscure any copyright, trademark, or other proprietary rights notices from the Game.
d. Use the Game in any manner that violates applicable laws or regulations.
e. Use any unauthorized third-party software, scripts, or programs to modify or automate any aspect of the Game, interfere with its operation, or otherwise gain an unfair advantage.
f. Engage in any conduct that We, in Our sole discretion, deem to be offensive, harmful, or disruptive to the Game or its users.
2. OWNERSHIP AND INTELLECTUAL PROPERTY
2.1. Our Rights. The Game, including all intellectual property rights therein (such as copyrights, trademarks, trade secrets, patents, and other proprietary rights), is owned by Us. This Agreement grants You only a limited license to use the game and does not transfer any ownership rights or intellectual property rights to You.
2.2. Trademarks. All trademarks, service marks, trade names, and logos associated with the Game are proprietary to Us or Our licensors. You may not use these marks without Our prior written permission.
3. USER-GENERATED CONTENT (UGC)
3.1. Your UGC. The Game may allow You to create, upload, submit, store, send, receive, and share content, including but not limited to, levels, skins, text, and other materials created by You ("User-Generated Content" or "UGC"). You retain ownership of any intellectual property rights that You hold in your UGC.
3.2. Our License to Your UGC. By creating, uploading, submitting, storing, sending, or receiving UGC through the Game, You hereby grant to Licensor a worldwide, non-exclusive, royalty-free, fully paid-up, perpetual, irrevocable, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, perform, and otherwise exploit the UGC in connection with the Game and Licensor's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Game (and derivative works thereof) in any media formats and through any media channels. This license includes the right to use your name, likeness, and any information about You as may be associated with your UGC.
3.3. Your Representations and Warranties for UGC. You represent and warrant that:
a. You own all intellectual property rights in your UGC or have obtained all necessary licenses, rights, consents, and permissions to use and to grant Licensor the license rights set forth above.
b. Your UGC and its use by Licensor will not infringe, misappropriate, or violate a third party's intellectual property rights, privacy rights, publicity rights, or any applicable laws or regulations.
c. Your UGC does not contain any illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, or otherwise objectionable content.
d. Your UGC does not contain any viruses, corrupted data, or other harmful or malicious code.
3.4. No Obligation to Monitor. We are not obligated to monitor, review, or remove UGC. However, we reserve the right, but not the obligation, to:
a. Review, monitor, filter, or remove any UGC at Our sole discretion, for any reason, without notice.
b. Suspend or terminate your access to the Game or your ability to submit UGC if We determine that your UGC violates this Agreement or is otherwise objectionable.
c. Cooperate with law enforcement authorities and comply with legal process regarding any UGC.
3.5. No Compensation for UGC. You acknowledge and agree that you will not receive any compensation for any UGC you submit or for the license granted to Us herein.
4. UPDATES, PATCHES, AND MODIFICATIONS
We may, from time to time, provide updates, patches, bug fixes, or other modifications to the Game. These updates may be required for You to continue to play the Game. You acknowledge and agree that We may update the Game with or without notice to You.
5. TERMINATION
5.1. By You. You may terminate this Agreement at any time by ceasing all use of the Game and deleting all copies of the Game from your devices.
5.2. By Us. We may terminate this Agreement and your license to use the Game immediately, without prior notice, if You breach any term of this Agreement. We also reserve the right to suspend or terminate your access to the Game for any reason, or no reason, at Our sole discretion.
5.3. Effect of Termination. Upon termination, your license to use the Game will immediately cease. You must cease all use of the Game and delete all copies of the Game from your devices. Sections 2 (Ownership and Intellectual Property), 3 (User-Generated Content), 6 (Disclaimers), 7 (Limitation of Liability), 8 (Indemnification), and 9 (General Provisions) shall survive any termination of this Agreement.
6. DISCLAIMERS
THE GAME IS PROVIDED "AS IS," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY. WE DO NOT WARRANT THAT THE GAME WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE MAKE NO WARRANTY THAT THE GAME WILL MEET YOUR REQUIREMENTS.
7. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LICENSOR, ITS AFFILIATES, LICENSORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE GAME, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT LICENSOR HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE. OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE GAME OR THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO US FOR THE GAME.
8. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Licensor, its affiliates, licensors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with:
a. Your access to or use of the Game.
b. Your breach of this Agreement.
c. Your UGC, including any claim that your UGC infringes the intellectual property rights or other rights of a third party.
d. Your violation of any applicable law or regulation.
9. GENERAL PROVISIONS
9.1. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles.
OR
This Agreement shall be governed by and construed in accordance with the laws of The United States of America, without regard to its conflict of law principles.
9.2. Dispute Resolution. Informal Resolution. Most concerns can be resolved informally. You agree to first attempt to resolve any dispute with Us informally by contacting us at thirdwindint@gmail.com
9.3. Severability. If any provision of this Agreement is found to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of this Agreement will remain in full force and effect.
9.4. Entire Agreement. This Agreement constitutes the entire agreement between You and Us regarding the use of the Game and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral.
9.5. Waiver. Our failure to enforce any right or provision of this Agreement will not be considered a waiver of those rights.
9.6. Assignment. You may not assign or transfer your rights or obligations under this Agreement without Our prior written consent. We may assign or transfer Our rights and obligations under this Agreement without restriction.
BY CLICKING "ACCEPT" OR USING THE GAME, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.