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End-User License Agreement for Ground Branch
This End-User License Agreement (EULA) is a legal agreement between you (either an individual or a single entity) and the mentioned author (BlackFoot Studios) of this Software and any files that are provided with it by digital distribution or on tangible media, as well as any possible printed materials, patches or updates, (collectively referred to as “GB”).
By installing, or otherwise using GB, you agree to be bounded by the terms of this EULA.
If you do not agree to the terms of this EULA, do not install or use GB.
1. GRANT OF LICENSE.
GB contains copyrighted material, trade secrets and other proprietary material of BlackFoot Studios and its licensors, licensees and suppliers. GB is licensed to you for your use. This license is a non exclusive limited license to install and use GB for yourself, including use over the internet or on a LAN. Your continuing license to use GB is conditioned on your compliance with this EULA. If you violate any of the terms of this EULA, all of your right to use GB will immediately end, without any further notification from BlackFoot Studios or anyone else. Once your license is terminated, you will be obliged to immediately uninstall GB and all of its components
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
Limitations on Reverse Engineering, Decompilation, Disassembly and change (add,delete or modify) the resources in the compiled the assembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
Separation of Components.
GB is licensed as a single product. Its component parts may not be separated for use on more than one computer.
3. COPYRIGHT.
GB and all copyrights, trademarks and all other conceivable intellectual property rights related to GB are owned by BlackFoot Studios or its licensors, licensees or suppliers and are protected by United States copyrights laws, international treaty provisions, and all applicable laws, such as the Lanham Act. GB must be treated like any other copyrighted material, as required by 17 U.S.C. #101 et seq. and other applicable law. Please do not make unauthorized copies. GB was created through the efforts of many people who earn their livelihood from its lawful use. Please don’t make copies for others who have not paid for the right to use it. To report copyright violations to the Software Publishers Association, call 1 800 388 PIR8 or write: Software Publishers Association, 1101 Connecticut Ave., Suite 901, Washington, D.C. 20036.
4. COMMERCIAL EXPLOITATION.
You may not use GB, or any Mods created for or from GB or any other tools provided with this GB, for any commercial purposes without the prior written consent of BlackFoot Studios or its authorized licensees including, but not limited to, the following rules: 1. If you are the proprietor of an Internet café or gaming room, you may operate the GB in a “pay for play” environment provided that all computers used have validly licensed GB installed, such GB having been properly purchased through one of our licensees. 2. You may not, without prior written consent from BlackFoot Studios, operate GB in any gaming contest where the cash value of all winnings and prizes paid throughout the entire competition is equal to or greater than US$5,000.00.
5. EXPORT CONTROLS.
You may not ship or export GB to any country other than where you bought it, in violation of the U.S. Export Administration Act (or any other law governing such matters) and you will not utilize and will not authorize anyone to utilize GB in violation of any applicable law. GB may not be downloaded or otherwise exported into (or to a national or resident of) any country to which the U.S. has embargoed goods or to anyone or into any country who/which are prohibited by applicable law, from receiving it.
6. CHEATS, CHEATING AND ABUSIVE BEHAVIOR.
We will not tolerate anyone cheating in GB or any GB Mods. If you are cheating in any way, including any attempt by you, either directly or indirectly, to circumvent or bypass any element of GB or any GB servers to gain any advantage in multiplayer play of GB or any GB Mods, you are in breach of this EULA. It is a breach of this EULA for you, whether directly or indirectly, to create, develop, copy, reproduce, distribute, or use of any software program or any modification to GB or any GB Mods ("Cheats") that enable a player to gain an advantage or otherwise exploit another player when playing against other players on a local area network, any other network, or on the Internet. Hacking into the executable of GB or any GB Mods or any other use of GB or any GB Mods in connection with the creation, development, or use of any such unauthorized Cheats is prohibited under this EULA. Cheats include, but are not limited to, programs that allow players to see through walls or other level geometry (software or hardware “wall hacks”); programs that let players change their rate of speed outside the allowable limits of GB (“speed hacks”); programs that crash any other players, PC clients, or network servers; "aimbots" that automatically target other players or that automatically simulate any other player input to gain an advantage over other players; or any other program or modification that functions in a similar capacity or allows any prohibited conduct.
We also will not tolerate anyone using the game, or any servers or forums provided for the game, to be continually or repeatedly abusive to other players. This includes, but is not limited to, "griefing", racist bigotry, sexism or any other forms of "cyber bullying". We will also not tolerate anyone hosting servers for the game where such behaviors are continually or repeatedly allowed to take place.
If we find you are a Cheater or Abusive, your CD Key will be revoked. Your license will automatically terminate, without notice, and you will have no right to play GB or any GB Mods or make any other use of GB.
7. LIMITED WARRANTY.
NO WARRANTIES.
The Author of this Software expressly disclaims any warranty for the SOFTWARE PRODUCT. The SOFTWARE PRODUCT and any related documentation is provided “as is” without warranty of any kind, either express or implied, including, without limitation, the implied warranties or merchantability, fitness for a particular purpose, or noninfringement. The entire risk arising out of use or performance of the SOFTWARE PRODUCT remains with you.
8. LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES, INCLUDING WILLFUL ACTS OR NEGLIGENCE, SHALL BLACKFOOT STUDIOS OR ANY OF ITS OFFICERS, EMPLOYEES, DIRECTORS, AGENTS, LICENSORS, LICENSEES, SUBLICENSEE, SUPPLIERS OR ASSIGNS BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SOFTWARE OR RELATED DOCUMENTATION, EVEN IF SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. THERE WILL BE NO LIABILITY FOR ANY PERSONAL INJURY, EVEN SELF INFLICTED INJURY, OR FOR ANY INTENTIONAL TORT COMMITTED BY YOU OR ANY OTHER PERSON WHO PLAYS OR OBSERVES SOMEONE ELSE PLAYING GB. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. In no event shall our total liability to you for all damages, losses, and causes of action (whether in contract, tort or otherwise) exceed the amount paid by you for GB.
9. CONTROLLING LAW AND SEVERABILITY.
This license is governed by and construed in accordance with the laws of the State of Ohio, USA. Exclusive venue for all litigation shall be in Franklin County, Ohio. If any provision of this EULA is determined to be unenforceable by a court or other tribunal of competent jurisdiction, such provision will be enforced to the maximum extent permissible and the remaining portions of this EULA will remain in full force and effect.
10. 3rd PARTY DISCLAIMERS AND LIMITED LIABILITY
GB 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. BlackFoot Studios, 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, BlackFoot Studios, Epic, and Epic’s affiliates make no warranty that (1) any of the Epic Materials will operate properly, including as integrated in the [Product], (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 [Product], or will not revoke approval of this [Product] 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 BlackFoot Studios and Epic. BlackFoot Studios, 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 BlackFoot Studios, Epic, Epic’s licensors, nor its or their affiliates, nor any of BlackFoot Studios' 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 BlackFoot Studios, Epic, Epic’s licensors, nor its or their affiliates, nor any of BlackFoot Studios' 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 BlackFoot Studios', 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 BlackFoot Studios, 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 BlackFoot Studios, Epic, Epic’s licensors, its and their affiliates, and any of BlackFoot Studios' or Epic’s service providers shall be limited to the full extent permitted by law.
11. COMPLETE AGREEMENT.
This EULA constitutes the entire agreement between the parties with respect to the use of GB, Mods and other related materials and software. BlackFoot Studios reserves the right to modify the terms of this EULA from time to time and will post notice of material changes somewhere within www.blackfootstudios.com and/or www.groundbranch.com.
12. ACCEPTANCE OF TERMS.
By installing GB, you agree to all of the terms of this EULA.
This End-User License Agreement (EULA) is a legal agreement between you (either an individual or a single entity) and the mentioned author (BlackFoot Studios) of this Software and any files that are provided with it by digital distribution or on tangible media, as well as any possible printed materials, patches or updates, (collectively referred to as “GB”).
By installing, or otherwise using GB, you agree to be bounded by the terms of this EULA.
If you do not agree to the terms of this EULA, do not install or use GB.
1. GRANT OF LICENSE.
GB contains copyrighted material, trade secrets and other proprietary material of BlackFoot Studios and its licensors, licensees and suppliers. GB is licensed to you for your use. This license is a non exclusive limited license to install and use GB for yourself, including use over the internet or on a LAN. Your continuing license to use GB is conditioned on your compliance with this EULA. If you violate any of the terms of this EULA, all of your right to use GB will immediately end, without any further notification from BlackFoot Studios or anyone else. Once your license is terminated, you will be obliged to immediately uninstall GB and all of its components
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
Limitations on Reverse Engineering, Decompilation, Disassembly and change (add,delete or modify) the resources in the compiled the assembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
Separation of Components.
GB is licensed as a single product. Its component parts may not be separated for use on more than one computer.
3. COPYRIGHT.
GB and all copyrights, trademarks and all other conceivable intellectual property rights related to GB are owned by BlackFoot Studios or its licensors, licensees or suppliers and are protected by United States copyrights laws, international treaty provisions, and all applicable laws, such as the Lanham Act. GB must be treated like any other copyrighted material, as required by 17 U.S.C. #101 et seq. and other applicable law. Please do not make unauthorized copies. GB was created through the efforts of many people who earn their livelihood from its lawful use. Please don’t make copies for others who have not paid for the right to use it. To report copyright violations to the Software Publishers Association, call 1 800 388 PIR8 or write: Software Publishers Association, 1101 Connecticut Ave., Suite 901, Washington, D.C. 20036.
4. COMMERCIAL EXPLOITATION.
You may not use GB, or any Mods created for or from GB or any other tools provided with this GB, for any commercial purposes without the prior written consent of BlackFoot Studios or its authorized licensees including, but not limited to, the following rules: 1. If you are the proprietor of an Internet café or gaming room, you may operate the GB in a “pay for play” environment provided that all computers used have validly licensed GB installed, such GB having been properly purchased through one of our licensees. 2. You may not, without prior written consent from BlackFoot Studios, operate GB in any gaming contest where the cash value of all winnings and prizes paid throughout the entire competition is equal to or greater than US$5,000.00.
5. EXPORT CONTROLS.
You may not ship or export GB to any country other than where you bought it, in violation of the U.S. Export Administration Act (or any other law governing such matters) and you will not utilize and will not authorize anyone to utilize GB in violation of any applicable law. GB may not be downloaded or otherwise exported into (or to a national or resident of) any country to which the U.S. has embargoed goods or to anyone or into any country who/which are prohibited by applicable law, from receiving it.
6. CHEATS, CHEATING AND ABUSIVE BEHAVIOR.
We will not tolerate anyone cheating in GB or any GB Mods. If you are cheating in any way, including any attempt by you, either directly or indirectly, to circumvent or bypass any element of GB or any GB servers to gain any advantage in multiplayer play of GB or any GB Mods, you are in breach of this EULA. It is a breach of this EULA for you, whether directly or indirectly, to create, develop, copy, reproduce, distribute, or use of any software program or any modification to GB or any GB Mods ("Cheats") that enable a player to gain an advantage or otherwise exploit another player when playing against other players on a local area network, any other network, or on the Internet. Hacking into the executable of GB or any GB Mods or any other use of GB or any GB Mods in connection with the creation, development, or use of any such unauthorized Cheats is prohibited under this EULA. Cheats include, but are not limited to, programs that allow players to see through walls or other level geometry (software or hardware “wall hacks”); programs that let players change their rate of speed outside the allowable limits of GB (“speed hacks”); programs that crash any other players, PC clients, or network servers; "aimbots" that automatically target other players or that automatically simulate any other player input to gain an advantage over other players; or any other program or modification that functions in a similar capacity or allows any prohibited conduct.
We also will not tolerate anyone using the game, or any servers or forums provided for the game, to be continually or repeatedly abusive to other players. This includes, but is not limited to, "griefing", racist bigotry, sexism or any other forms of "cyber bullying". We will also not tolerate anyone hosting servers for the game where such behaviors are continually or repeatedly allowed to take place.
If we find you are a Cheater or Abusive, your CD Key will be revoked. Your license will automatically terminate, without notice, and you will have no right to play GB or any GB Mods or make any other use of GB.
7. LIMITED WARRANTY.
NO WARRANTIES.
The Author of this Software expressly disclaims any warranty for the SOFTWARE PRODUCT. The SOFTWARE PRODUCT and any related documentation is provided “as is” without warranty of any kind, either express or implied, including, without limitation, the implied warranties or merchantability, fitness for a particular purpose, or noninfringement. The entire risk arising out of use or performance of the SOFTWARE PRODUCT remains with you.
8. LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES, INCLUDING WILLFUL ACTS OR NEGLIGENCE, SHALL BLACKFOOT STUDIOS OR ANY OF ITS OFFICERS, EMPLOYEES, DIRECTORS, AGENTS, LICENSORS, LICENSEES, SUBLICENSEE, SUPPLIERS OR ASSIGNS BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SOFTWARE OR RELATED DOCUMENTATION, EVEN IF SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. THERE WILL BE NO LIABILITY FOR ANY PERSONAL INJURY, EVEN SELF INFLICTED INJURY, OR FOR ANY INTENTIONAL TORT COMMITTED BY YOU OR ANY OTHER PERSON WHO PLAYS OR OBSERVES SOMEONE ELSE PLAYING GB. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. In no event shall our total liability to you for all damages, losses, and causes of action (whether in contract, tort or otherwise) exceed the amount paid by you for GB.
9. CONTROLLING LAW AND SEVERABILITY.
This license is governed by and construed in accordance with the laws of the State of Ohio, USA. Exclusive venue for all litigation shall be in Franklin County, Ohio. If any provision of this EULA is determined to be unenforceable by a court or other tribunal of competent jurisdiction, such provision will be enforced to the maximum extent permissible and the remaining portions of this EULA will remain in full force and effect.
10. 3rd PARTY DISCLAIMERS AND LIMITED LIABILITY
GB 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. BlackFoot Studios, 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, BlackFoot Studios, Epic, and Epic’s affiliates make no warranty that (1) any of the Epic Materials will operate properly, including as integrated in the [Product], (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 [Product], or will not revoke approval of this [Product] 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 BlackFoot Studios and Epic. BlackFoot Studios, 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 BlackFoot Studios, Epic, Epic’s licensors, nor its or their affiliates, nor any of BlackFoot Studios' 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 BlackFoot Studios, Epic, Epic’s licensors, nor its or their affiliates, nor any of BlackFoot Studios' 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 BlackFoot Studios', 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 BlackFoot Studios, 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 BlackFoot Studios, Epic, Epic’s licensors, its and their affiliates, and any of BlackFoot Studios' or Epic’s service providers shall be limited to the full extent permitted by law.
11. COMPLETE AGREEMENT.
This EULA constitutes the entire agreement between the parties with respect to the use of GB, Mods and other related materials and software. BlackFoot Studios reserves the right to modify the terms of this EULA from time to time and will post notice of material changes somewhere within www.blackfootstudios.com and/or www.groundbranch.com.
12. ACCEPTANCE OF TERMS.
By installing GB, you agree to all of the terms of this EULA.