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CYMATICALLY MUFFED END USER LICENSE AGREEMENT
IMPORTANT INFORMATION – PLEASE READ CAREFULLY
The herein contained License Agreement ("License" or "EULA") shall be considered a legally binding agreement between You (as an individual or an entity, who then shall, within the constraints of this agreement, be referred to as "You" or "Your") and Kelsam Games, LLC ("Kelsam") for the use of the specified software application of Cymatically Muffed, which may include related printed material, associated websites or web software, media, and any other components and/or software modules, including but not limited to required drivers ("Product"). Other aspects of the Product may also include, but are not limited to, software updates and any upgrades necessary that Kelsam may supply to You or make available to You, or that You could obtain after the initial copy of the Product, and as such that said items are not accompanied by a separate license agreement or terms of use.
PLEASE NOTE: If you are under age 18, or equivalent minimum age in your jurisdiction your parent or guardian MUST accept this license agreement and you MUST obtain your parent's or guardian's consent prior to accessing and using Product. THE ENTIRE RISK AS TO A MINOR'S USE OF THE PRODUCT, IF ANY, RESTS WITH THE PARENT OR GUARDIAN.
BY WAY OF THE INSTALLATION, COPYING, DOWNLOADING, ACCESSING OR OTHERWISE USE OF THIS PRODUCT, YOU ARE AGREEING TO BE LEGALLY BOUND BY THE HEREIN CONTAINED TERMS OF THIS LICENSE AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS EULA, YOU THEN HAVE NO RIGHTS TO THE PRODUCT AND SHOULD THEREFORE NOT INSTALL, COPY, DOWNLOAD, ACCESS, NOR USE THE PRODUCT.
This Product is hereby protected by copyright laws, as well as any other intellectual property laws. This Product is licensed and not sold.
LICENSE GRANT Kelsam shall grant to You a non-exclusive license for the use and installation of the Product subject to all the terms and conditions set forth herein. Furthermore, this EULA shall also govern any and all software upgrades provided by Kelsam that would replace, overwrite, and/or supplement the original installed version of the Product, unless those other upgrades are covered under a separate license, at which time those terms of that license will govern.
TERMINATION Should You breach this EULA at any time, Your right to the use of the Product will then immediately terminate and shall terminate without any notice being given. Breaches will be determined at the sole discretion of Kelsam. However, all provisions of this EULA, with the exception of the License Grant, will remain in effect and thus shall survive termination. Upon termination of the License Grant, You MUST IMMEDIATELY cease use of the Product and destroy any and all copies of the Product.
COPYRIGHT The aforementioned Product is protected by copyright and other intellectual property laws and treaties, and as such Kelsam retains all rights, title, and interest in and to the content offered, including but not limited to, any photographs, images, video animation, text, and music, that may be incorporated as part of the offered content. Such offered content is protected by copyright laws and international treaty provisions. Therefore, offered content must be treated as any other copyrighted material.
RESTRICTIONS ON USE As a Licensee, You may not:
(a) Make use of the offered content on more than one computer at a time, without prior purchase of additional licenses to the alotment of one computer per license purchased;
(b) You may not share, distribute, lend, lease, sublicense, or otherwise make available, in any manner whatsoever, to any third party the offered content, except as allowed under the provisions of a Commercial License from Steam;
(c) Modify, adapt, create derivative works from, or translate any part of the offered content other than what may be used within Your work in accordance with this License;
(d) Reverse engineer, decompile, or disassemble the offered content, nor attempt to locate or obtain its source code;
(e) Attempt to alter or remove any trademark, copyright, or other proprietary notice contained within the offered content; or
(f) Make use of any offered content in any manner not stipulated within this EULA or the documentation accompanying the offered content.
UPDATES Kelsam may, at their sole discretion, find the need from time to time to make available to all license holders updates for the offered content, in accordance with the herein contained terms and conditions of this EULA. It shall be at the sole discretion of Kelsam to make conditional releases of said upgrade to You upon Your acceptance of another EULA or execution of another separate agreement. Should You elect to install and make use of these updates, You are therefore agreeing to be subject to all applicable license, terms, and conditions of this EULA and/or any other agreement.
CONTENT “Content” means any materials, content, images, game level creation, game add-ons, accounts, and any other related content You or other Product users previously created or will create when using Product. You understand that Kelsam may monitor Your use of Content and Product for the purposes of evaluating Your interaction with certain features and functions at their sole discretion for security purposes and so that enhancements can be made to the same. You hereby grant Kelsam a permanent, irrevocable, worldwide, exclusive, royalty-free, sub-licensable, and transferable license to:
(a) use, reproduce, distribute, display, and/or perform Your Content, in connection with using, selling, promoting, providing, and enhancing Product in any way they see fit;
(b) delete, remove, ban, and/or fail to store Your Content at their sole discretion;
(c) modify, enhance, and/or create derivative works based upon Your Content and otherwise make Your Content available for use by any other Product users and/or
(d) monitor and/or share Your interaction with other users of Product and collect and share trend and usage statistics, including, without limitation, on how and how often different features of Product are used.
HIGH RISK USE PROHIBITED Product is not designed to be used in high risk or dangerous environments and should only be used in safe locations that You are familiar with. USE OF PRODUCT IS DONE AT YOUR OWN RISK AND YOU AGREE THAT KELSAM SHALL NOT BE HELD LIABLE FOR ANY PHYSICAL OR OTHER HARM THAT YOU OR OTHERS SUSTAIN IN CONNECTION WITH YOUR USE OF PRODUCT.
HEALTH WARNING You may experience seizures when exposed to certain light patterns, flashing lights, or backgrounds when using Product. Additionally, use of Product may cause dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, or convulsions. IMMEDIATELY discontinue use of Product and consult your physician if you experience any of the previously mentioned symptoms.
DISCLAIMER OF WARRANTY With regard and with relationship to the maximum extent permitted by applicable law, Kelsam, and, if applicable, related suppliers, shall provide the Product, Content, and any support services, if needed, related to the Product, and hereunto disclaim all warranties and conditions, either express, implied, or statutory, which may include, but are not limited to, any implied warranties or conditions of merchantability, of suitability for a specified purpose, that it contains absolute accuracy or completeness of responses, of results, and of any lack of negligence or lack of workmanlike effort, all with respect to the Product, Content, and the provision of or failure to provide Support Services. Furthermore, there is no warranty or condition of title, quiet enjoyment, quiet possession, or non-infringement with regards to the herein contained Product or Content. THE ENTIRE RISK as to the quality of or performance of the Product, Content, and support services, if any, rests with You.
To the extent permitted by applicable law You understand and agree that the Product is provided on an “as is” and “as available” basis. Kelsam and/or its suppliers make no representations about the availability of the Product or the Content You or other Product users submit. You are solely responsible for Your interactions with other Product users and their Content. Kelsam disclaims to the fullest extent permissible by law, and You waive, all warranties of any kind, whether express, implied, or statutory, including without limitation the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Further, to the extent permitted under applicable laws, You hereby release Kelsam from any and all claims or liability related to any Product, Content, or service offering by other Product users, any action or inaction by other Product users, including other Product users’ failures to comply with the terms of this EULA. The functions and features of the Product are not warranted to be uninterrupted, timely, safe, secure, or error-free. Kelsam disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any Content. YOU ASSUME THE ENTIRE RISK of loss of Content and/or damage due to Your use of Product or Content.
LIMITATION OF LIABILITY AND REMEDIES In spite of any damages that You may or may not incur for any reason, which may include, but are not limited to, any and all direct or general damages, the entire liability of Kelsam and/or any of the aforementioned suppliers covered under the herein contained provisions of this EULA, along with Your exclusive remedy with regards to all of the foregoing, shall hereby be limited to the amount actually paid by You for this Product. Therefore, the aforementioned limitations, exclusions and any disclaimers shall apply to the maximum extent allowable by law, even should any proposed remedy fail its essential purpose.
Kelsam, its owners, directors, officers, employees, licensors, and agents shall not be liable for any direct, indirect, incidental, consequential, special, exemplary, or punitive damages or losses (including without limitation loss of profits, goodwill, use, Content, Product, or other intangible losses), whether based in contract, tort, strict liability, or otherwise, which You may incur in connection with the use of, or inability to use, Product or Content, even if Kelsam has been advised of the possibility of such damages or loss.
INDEMNIFICATION You shall indemnify, defend and hold Kelsam and Kelsam's officers, directors, shareholders, and agents harmless for any and all loss cost, disputes, demands claims and liabilities (including reasonable attorneys’ fees) arising out of or incurred due to:
(a) Your breach of this Agreement;
(b) Your use or misuse of Product;
(c) any use or misuse of Your Content;
(d) any use or misuse of other's Content or
(e) Your use or misuse of Third-Party Components.
EXPORT CONTROLS By clicking on the install button, You hereby agree that You will comply with any and all applicable export laws, restrictions and all regulations of the U.S. Department of Commerce, U.S. Department of Treasury, and any other U.S. or foreign agency or authority with regards to this provision of the EULA. You expressly agree not to export or re-export, nor allow the export or re-export of the offered content in violation of any such law, restriction or regulation, including without limitation, export or re-export to any country subject to any and all applicable U.S. trade embargoes or to any prohibited destination, in any group specified in the current "Supplement No. 1 to Part 740 or the Commerce Control List specified in the then current Supplement No. 1 to Part 738 of the U.S. Export Administration Regulations (or any successor supplement or regulations)."
MISCELLANEOUS This EULA, in its entirety, shall be legally binding upon and inure to the benefit of Kelsam and You, our respective successors and permitted assigns. Should any of this provision be deemed invalid or unenforceable, such determination will not affect the validity or enforceability of any other provision contained herein. To the extent any express or implied restrictions are not permitted by applicable laws, these express or implied restrictions shall remain in force and effect to the maximum extent permitted by such applicable laws. If there is any waiver of any breach or failure to enforce any of the provisions contained herein, it shall not be deemed as a future waiver of said terms or a waiver of any other provision of this EULA. Any waiver, supplementation, modification or amendment to any provision of this EULA, shall only be effective when done so in writing and signed off by Kelsam. This EULA shall be governed solely by the laws of the State of Utah and of the United States. Should any action arise out of or in relation to this EULA, such action may be brought exclusively in the appropriate federal or state court in Utah, and as such, You and Kelsam irrevocably consent to the jurisdiction of said court and venue.
IMPORTANT INFORMATION – PLEASE READ CAREFULLY
The herein contained License Agreement ("License" or "EULA") shall be considered a legally binding agreement between You (as an individual or an entity, who then shall, within the constraints of this agreement, be referred to as "You" or "Your") and Kelsam Games, LLC ("Kelsam") for the use of the specified software application of Cymatically Muffed, which may include related printed material, associated websites or web software, media, and any other components and/or software modules, including but not limited to required drivers ("Product"). Other aspects of the Product may also include, but are not limited to, software updates and any upgrades necessary that Kelsam may supply to You or make available to You, or that You could obtain after the initial copy of the Product, and as such that said items are not accompanied by a separate license agreement or terms of use.
PLEASE NOTE: If you are under age 18, or equivalent minimum age in your jurisdiction your parent or guardian MUST accept this license agreement and you MUST obtain your parent's or guardian's consent prior to accessing and using Product. THE ENTIRE RISK AS TO A MINOR'S USE OF THE PRODUCT, IF ANY, RESTS WITH THE PARENT OR GUARDIAN.
BY WAY OF THE INSTALLATION, COPYING, DOWNLOADING, ACCESSING OR OTHERWISE USE OF THIS PRODUCT, YOU ARE AGREEING TO BE LEGALLY BOUND BY THE HEREIN CONTAINED TERMS OF THIS LICENSE AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS EULA, YOU THEN HAVE NO RIGHTS TO THE PRODUCT AND SHOULD THEREFORE NOT INSTALL, COPY, DOWNLOAD, ACCESS, NOR USE THE PRODUCT.
This Product is hereby protected by copyright laws, as well as any other intellectual property laws. This Product is licensed and not sold.
LICENSE GRANT Kelsam shall grant to You a non-exclusive license for the use and installation of the Product subject to all the terms and conditions set forth herein. Furthermore, this EULA shall also govern any and all software upgrades provided by Kelsam that would replace, overwrite, and/or supplement the original installed version of the Product, unless those other upgrades are covered under a separate license, at which time those terms of that license will govern.
TERMINATION Should You breach this EULA at any time, Your right to the use of the Product will then immediately terminate and shall terminate without any notice being given. Breaches will be determined at the sole discretion of Kelsam. However, all provisions of this EULA, with the exception of the License Grant, will remain in effect and thus shall survive termination. Upon termination of the License Grant, You MUST IMMEDIATELY cease use of the Product and destroy any and all copies of the Product.
COPYRIGHT The aforementioned Product is protected by copyright and other intellectual property laws and treaties, and as such Kelsam retains all rights, title, and interest in and to the content offered, including but not limited to, any photographs, images, video animation, text, and music, that may be incorporated as part of the offered content. Such offered content is protected by copyright laws and international treaty provisions. Therefore, offered content must be treated as any other copyrighted material.
RESTRICTIONS ON USE As a Licensee, You may not:
(a) Make use of the offered content on more than one computer at a time, without prior purchase of additional licenses to the alotment of one computer per license purchased;
(b) You may not share, distribute, lend, lease, sublicense, or otherwise make available, in any manner whatsoever, to any third party the offered content, except as allowed under the provisions of a Commercial License from Steam;
(c) Modify, adapt, create derivative works from, or translate any part of the offered content other than what may be used within Your work in accordance with this License;
(d) Reverse engineer, decompile, or disassemble the offered content, nor attempt to locate or obtain its source code;
(e) Attempt to alter or remove any trademark, copyright, or other proprietary notice contained within the offered content; or
(f) Make use of any offered content in any manner not stipulated within this EULA or the documentation accompanying the offered content.
UPDATES Kelsam may, at their sole discretion, find the need from time to time to make available to all license holders updates for the offered content, in accordance with the herein contained terms and conditions of this EULA. It shall be at the sole discretion of Kelsam to make conditional releases of said upgrade to You upon Your acceptance of another EULA or execution of another separate agreement. Should You elect to install and make use of these updates, You are therefore agreeing to be subject to all applicable license, terms, and conditions of this EULA and/or any other agreement.
CONTENT “Content” means any materials, content, images, game level creation, game add-ons, accounts, and any other related content You or other Product users previously created or will create when using Product. You understand that Kelsam may monitor Your use of Content and Product for the purposes of evaluating Your interaction with certain features and functions at their sole discretion for security purposes and so that enhancements can be made to the same. You hereby grant Kelsam a permanent, irrevocable, worldwide, exclusive, royalty-free, sub-licensable, and transferable license to:
(a) use, reproduce, distribute, display, and/or perform Your Content, in connection with using, selling, promoting, providing, and enhancing Product in any way they see fit;
(b) delete, remove, ban, and/or fail to store Your Content at their sole discretion;
(c) modify, enhance, and/or create derivative works based upon Your Content and otherwise make Your Content available for use by any other Product users and/or
(d) monitor and/or share Your interaction with other users of Product and collect and share trend and usage statistics, including, without limitation, on how and how often different features of Product are used.
HIGH RISK USE PROHIBITED Product is not designed to be used in high risk or dangerous environments and should only be used in safe locations that You are familiar with. USE OF PRODUCT IS DONE AT YOUR OWN RISK AND YOU AGREE THAT KELSAM SHALL NOT BE HELD LIABLE FOR ANY PHYSICAL OR OTHER HARM THAT YOU OR OTHERS SUSTAIN IN CONNECTION WITH YOUR USE OF PRODUCT.
HEALTH WARNING You may experience seizures when exposed to certain light patterns, flashing lights, or backgrounds when using Product. Additionally, use of Product may cause dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, or convulsions. IMMEDIATELY discontinue use of Product and consult your physician if you experience any of the previously mentioned symptoms.
DISCLAIMER OF WARRANTY With regard and with relationship to the maximum extent permitted by applicable law, Kelsam, and, if applicable, related suppliers, shall provide the Product, Content, and any support services, if needed, related to the Product, and hereunto disclaim all warranties and conditions, either express, implied, or statutory, which may include, but are not limited to, any implied warranties or conditions of merchantability, of suitability for a specified purpose, that it contains absolute accuracy or completeness of responses, of results, and of any lack of negligence or lack of workmanlike effort, all with respect to the Product, Content, and the provision of or failure to provide Support Services. Furthermore, there is no warranty or condition of title, quiet enjoyment, quiet possession, or non-infringement with regards to the herein contained Product or Content. THE ENTIRE RISK as to the quality of or performance of the Product, Content, and support services, if any, rests with You.
To the extent permitted by applicable law You understand and agree that the Product is provided on an “as is” and “as available” basis. Kelsam and/or its suppliers make no representations about the availability of the Product or the Content You or other Product users submit. You are solely responsible for Your interactions with other Product users and their Content. Kelsam disclaims to the fullest extent permissible by law, and You waive, all warranties of any kind, whether express, implied, or statutory, including without limitation the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Further, to the extent permitted under applicable laws, You hereby release Kelsam from any and all claims or liability related to any Product, Content, or service offering by other Product users, any action or inaction by other Product users, including other Product users’ failures to comply with the terms of this EULA. The functions and features of the Product are not warranted to be uninterrupted, timely, safe, secure, or error-free. Kelsam disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any Content. YOU ASSUME THE ENTIRE RISK of loss of Content and/or damage due to Your use of Product or Content.
LIMITATION OF LIABILITY AND REMEDIES In spite of any damages that You may or may not incur for any reason, which may include, but are not limited to, any and all direct or general damages, the entire liability of Kelsam and/or any of the aforementioned suppliers covered under the herein contained provisions of this EULA, along with Your exclusive remedy with regards to all of the foregoing, shall hereby be limited to the amount actually paid by You for this Product. Therefore, the aforementioned limitations, exclusions and any disclaimers shall apply to the maximum extent allowable by law, even should any proposed remedy fail its essential purpose.
Kelsam, its owners, directors, officers, employees, licensors, and agents shall not be liable for any direct, indirect, incidental, consequential, special, exemplary, or punitive damages or losses (including without limitation loss of profits, goodwill, use, Content, Product, or other intangible losses), whether based in contract, tort, strict liability, or otherwise, which You may incur in connection with the use of, or inability to use, Product or Content, even if Kelsam has been advised of the possibility of such damages or loss.
INDEMNIFICATION You shall indemnify, defend and hold Kelsam and Kelsam's officers, directors, shareholders, and agents harmless for any and all loss cost, disputes, demands claims and liabilities (including reasonable attorneys’ fees) arising out of or incurred due to:
(a) Your breach of this Agreement;
(b) Your use or misuse of Product;
(c) any use or misuse of Your Content;
(d) any use or misuse of other's Content or
(e) Your use or misuse of Third-Party Components.
EXPORT CONTROLS By clicking on the install button, You hereby agree that You will comply with any and all applicable export laws, restrictions and all regulations of the U.S. Department of Commerce, U.S. Department of Treasury, and any other U.S. or foreign agency or authority with regards to this provision of the EULA. You expressly agree not to export or re-export, nor allow the export or re-export of the offered content in violation of any such law, restriction or regulation, including without limitation, export or re-export to any country subject to any and all applicable U.S. trade embargoes or to any prohibited destination, in any group specified in the current "Supplement No. 1 to Part 740 or the Commerce Control List specified in the then current Supplement No. 1 to Part 738 of the U.S. Export Administration Regulations (or any successor supplement or regulations)."
MISCELLANEOUS This EULA, in its entirety, shall be legally binding upon and inure to the benefit of Kelsam and You, our respective successors and permitted assigns. Should any of this provision be deemed invalid or unenforceable, such determination will not affect the validity or enforceability of any other provision contained herein. To the extent any express or implied restrictions are not permitted by applicable laws, these express or implied restrictions shall remain in force and effect to the maximum extent permitted by such applicable laws. If there is any waiver of any breach or failure to enforce any of the provisions contained herein, it shall not be deemed as a future waiver of said terms or a waiver of any other provision of this EULA. Any waiver, supplementation, modification or amendment to any provision of this EULA, shall only be effective when done so in writing and signed off by Kelsam. This EULA shall be governed solely by the laws of the State of Utah and of the United States. Should any action arise out of or in relation to this EULA, such action may be brought exclusively in the appropriate federal or state court in Utah, and as such, You and Kelsam irrevocably consent to the jurisdiction of said court and venue.