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END USER LICENSE AGREEMENT
THIS SOFTWARE IS LICENSED, NOT SOLD. Liquid Bit LLC, an Illinois limited liability company (“Liquid Bit”), reserves all rights not expressly granted to you. The product that is subject to this license is referred to in this license as the “Software.” The Software includes all software included with this End User License Agreement (“Agreement”), and the accompanying manuals, packaging, and other written filers, electronic or online materials or documentation, and any and all copies of such Software and its materials. The Agreement, as may be amended from time to time and published at http://www.liquidbit.com/eula.html, incorporates Liquid Bit’s Terms of Use http://www.liquidbit.com/tou.html and Privacy Policy http://www.liquidbit.com/privacy.html. In the event of any conflict between this Agreement and Liquid Bit’s Terms of Use or Privacy Policy, the order of precedence shall be as follows: (i) the Privacy Policy, (ii) the Terms of Use and (iii) this Agreement. Any terms not defined herein will have the meaning set forth in the Terms of Use and/or Privacy Policy.
THIS IS A BINDING LEGAL CONTRACT BETWEEN YOU AND LIQUID BIT. PLEASE REVIEW THIS AGREEMENT CAREFULLY BEFORE INSTALLING, ACCESSING OR UTILIZING THE SOFTWARE YOU HAVE JUST PURCHASED. BY INSTALLING, COPYING AND/OR OTHERWISE USING THE SOFTWARE, AND EACH TIME YOU ACCESS THE SOFTWARE, YOU ARE SIGNIFYING YOUR ACKNOWLEDGEMENT AND ACCEPTANCE OF, AND COMPLIANCE WITH, THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO OPEN, DOWNLOAD, INSTALL, COPY, OR USE THE SOFTWARE. If you have any questions about this Agreement, you can reach Liquid Bit at 220 N Green St., Chicago, Illinois 60607.
For clarity, this Agreement is between you and Liquid Bit only, and not between you and any of Liquid Bit’s licensors, including without limitation Microsoft, Nintendo, Sony or any of their affiliates.
If you are not eighteen (18) years of age or over, you must have your parents or legal guardian review and approve this Agreement on your behalf. Your consent to this Agreement and use of the Software signifies that you have received the specific permission of your parent or legal guardian.
USER’S ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS
The Software is offered subject to your compliance with all of the terms and conditions contained herein and all other operating rules, policies and procedures. In addition, some applications offered through or in connection with the Software may be subject to additional terms and conditions promulgated by Liquid Bit from time to time. Any material modifications to the Agreement will also be brought to your attention by posting the modified Agreement at www.killerqueenblack.com/eula.html. Such material modifications will be effective immediately and will apply to matters and events arising under the Agreement following the date of modification. Your continued use of the Software after a modification has been made to the Agreement constitutes your acceptance of such modification.
LIMITED USE LICENSE
Subject to your compliance with the terms and conditions of the Agreement, Liquid Bit hereby grants you a non-exclusive, non-transferable, limited and revocable right and license to install and use one (1) copy of the Software solely and exclusively for your personal and non-commercial use for gameplay on a single game platform (e.g., computer or gaming console) that you own or control. For clarity, the foregoing does not prohibit you from installing and using an additional copy of each Game on a different game system. This Agreement shall also apply to any patches or updates you may obtain for the Software. DUPLICATION, COPYING OR ANY FORM OF REPRODUCTION OF THE SOFTWARE OR RELATED INFORMATION, MATERIALS OR OTHER CONTENT TO ANY OTHER SERVER OR LOCATION FOR THE PURPOSES OF DUPLICATION, COPYING OR ANY OTHER FORM OF REPRODUCTION IS EXPRESSLY AND EXPLICITLY PROHIBITED.
LIQUID BIT’S OWNERSHIP OF THE SOFTWARE AND PROPRIETARY MATERIALS
The Software contains copyrighted material, technology, trademarks, service marks, trade secrets and other proprietary information, which may include computer code, text, data, video, images, illustrations, animations, sounds, musical compositions and recordings, audiovisual effects, color schemes, business methods and methods of operation, concepts, ideas, know-how, moral rights, and any related documentation (collectively the “Proprietary Material”). All intellectual property rights to the Proprietary Material, including without limitation patent, copyright, trademark and trade secret rights, are owned or licensed by Liquid Bit. You: (a) agree not to copy, download, reproduce, republish, upload, post, transmit, perform, display, distribute or sell, or in any other way exploit the Proprietary Material, or to participate with or to encourage others to engage in such acts, without the prior written consent of Liquid Bit; and (b) may not reverse engineer, disassemble, decompile, or translate any computer software programs that comprise Proprietary Material, or otherwise attempt to derive the source code of such programs, except that the foregoing restrictions on copying or reverse engineering does not apply to the extent prohibited by applicable law. No Proprietary Material, or any portion thereof, may be modified or used for any purpose other than as expressly authorized in this Agreement. The Proprietary Material may include materials licensed by Liquid Bit from third parties, and the licensors of those materials may enforce their rights in the event of any violation of this Agreement. ALL RIGHTS NOT EXPRESSLY GRANTED TO YOU IN THIS AGREEMENT ARE RESERVED BY LIQUID BIT AND ITS LICENSORS OR SUPPLIERS.
NO SALE OR ASSIGNMENT
Liquid Bit does not recognize the transfer of the Software. You may not give, purchase, sell, bargain, barter, market, trade, offer for sale, sell, license, assign or otherwise divest your rights, responsibilities or obligations under the Agreement, either in whole or in part, without the prior written consent of Liquid Bit. Any attempt to do so shall be void and of no effect.
LICENSE RESTRICTIONS
(1) You agree to only use the Software, or any part of it, in a manner that is consistent with this Agreement (including our Terms of Use), and you SHALL NOT:
(a) exploit the Software or any of its parts, including, but not limited to, for-profit exploitation at a cyber (Internet) café, computer gaming center, or any other location-based site, but excluding purely not-for-profit use in which no compensation in the form of payment or benefit is received;
(b) use the Software, or permit the use of the Software, on more than one computer or game console, at the same time by the same user account;
(c) use the Software, or permit use of the Software, or make the Software available for use in a network, multi-user arrangement, remote access arrangement, including where it could be downloaded by multiple users;
(d) sell, rent, lease, license, distribute or otherwise transfer this Software or any copies;
(e) reverse engineer, derive source code, modify, decompile, disassemble, copy, or create derivative works of the Software, in whole or in part (except as the applicable law expressly permits, in which case all and any modifications, adaptations, copies, improvements, etc. shall belong to, vest in and be the exclusive property of Liquid Bit and/or its licensors on creation, in any event);
(f) remove, disable or circumvent any security protections, proprietary notices or labels contained on or within the Software;
(g) export or re-export the Software or any copy or adaptation in violation of any applicable laws or regulations;
(h) create data or executable programs which mimic data or functionality in the Software;
(2) The Software may include measures to control access to the Software, control access to certain features or content, prevent unauthorized copies, or otherwise attempt to prevent anyone from exceeding the limited rights and licenses granted under this Agreement. Such measures may include incorporating license management, product activation, and other security technology in the Software and monitoring usage, including, but not limited to, time, date, access, or other controls, counters, serial numbers, and/or other security devices designed to prevent the unauthorized access, use, and copying of the Software, or any portions or components thereof, including any violations of this Agreement. Liquid Bit reserves the right to monitor use of the Software at any time. You may not interfere with such access control measures or attempt to disable or circumvent such security features, and if you do, the Software may not function properly. Additional terms and registration may be required to access online services and to download Software updates and patches. Only Software subject to a valid license can be used to access online services, including downloading updates and patches. Except as otherwise prohibited by applicable law, Liquid Bit may limit, suspend, or terminate the license granted hereunder and access to the Software, including, but not limited to, any related services and products, at any time without notice for any reason whatsoever.
(3) You agree that you shall abide by the safety information, maintenance instructions or other relevant notices contained in the manual or other documentation accompanying the Software.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
(a) TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, THE SOFTWARE AND ANY ACCOMPANYING DOCUMENTATION AND MATERIAL ARE BEING PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND WHATSOEVER. WITHOUT LIMITING THE INTENDED GENERALITY OF THE PRECEDING SENTENCE, NEITHER LIQUID BIT, NOR ITS LICENSORS OR SUPPLIERS, WARRANTS THAT THE SOFTWARE OR ANY PORTION THEREOF (i) WILL BE UNINTERRUPTED, SECURE OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED; (ii) IS COMPATIBLE WITH ANY SOFTWARE, INCLUDING WITHOUT LIMITATION INTERNET BROWSER SOFTWARE; (iii) IS FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (iv) IS FREE OF DEFAMATORY, DEROGATORY OR ADULT-ORIENTED MATERIAL, OR MATERIAL THAT SOME INDIVIDUALS MAY DEEM OFFENSIVE OR OBJECTIONABLE. TO THE FULLEST EXTENT ALLOWED BY LAW, LIQUID BIT DISCLAIMS ALL REPRESENTATIONS, TERMS, WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE.
(b) NEITHER LIQUID BIT, NOR ITS LICENSORS OR SUPPLIERS, IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SOFTWARE. UNDER NO CIRCUMSTANCES WILL LIQUID BIT OR ITS LICENSORS OR SUPPLIERS BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR USE OF THE SOFTWARE, ANY USER-GENERATED CONTENT POSTED ON OR IN THE SOFTWARE, OR TRANSMITTED TO ANOTHER USER, OR ANY TRANSACTIONS BETWEEN OR AMONG YOU AND OTHER USERS, WHETHER ONLINE OR OFFLINE.
(c) THE SOFTWARE IS CONTROLLED AND PROVIDED BY LIQUID BIT FROM ITS FACILITIES IN THE UNITED STATES OF AMERICA. TO THE EXTENT PERMISSIBLE BY APPLICABLE LOCAL LAW AND EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, LIQUID BIT MAKES NO REPRESENTATION THAT THE SOFTWARE IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS.
(d) BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU TO THE EXTENT THAT SUCH EXCLUSIONS OR LIMITATIONS ARE NOT PERMITTED UNDER LOCAL LAW.
(e) TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, LIQUID BIT (AND ITS LICENSORS, SUPPLIERS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS) SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON, WHETHER UNDER CONTRACT OR OTHERWISE, FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, AND/OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID AND/OR PAYABLE BY YOU TO LIQUID BIT (OR TO A THIRD-PARTY PLATFORM THAT PROVIDED YOU WITH ANY GAMES) IN CONNECTION WITH THE SOFTWARE IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (III) ANY MATTER BEYOND LIQUID BIT’S REASONABLE CONTROL. LIQUID BIT CANNOT AND WILL NOT BE RESPONSIBLE FOR ANY LOSS OF YOUR USER-GENERATED CONTENT OR ANY INTERRUPTIONS OF THE SOFTWARE, INCLUDING BUT NOT LIMITED TO ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES, OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR A DISRUPTION OF THE SOFTWARE. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT ANYTHING WHICH MAY NOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, INCLUDING WITHOUT LIMITATION, DEATH OR PERSONAL INJURY ARISING THROUGH GROSS NEGLIGENCE OR FOR FRAUD.
INDEMNIFICATION
To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless Liquid Bit, its officers, directors, employees and agents, from and against all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney fees) arising from your use of the Software, your violation of any of the terms of this Agreement, your violation of any third-party right, including without limitation any copyright, trade secret, privacy or property right, or any claim that your User-Generated Content caused damage to a third-party.
INTERNATIONAL USE
Except as expressly set forth in this Agreement (including in our Terms of Use and Privacy Policy), Liquid Bit makes no representation that the Software or related materials are appropriate or available for use in locations outside the United States, and accessing them from territories where the content is illegal is prohibited. Any offer and/or information made in connection with the Software is void where prohibited. Without limiting the foregoing, you may not export or re-export the Software (a) into or to a national resident of any United States embargoed countries or (b) to anyone on the United States Treasury Department’s list of Specially Designated Nationals or the United States Department of Commerce Denied Person’s List or Entity List. By accessing and using the Software, you represent and warrant that you are not located in, under control of, or a national resident of any such country or on any such list.
TERMINATION
This Agreement is effective until terminated by you or by Liquid Bit. This Agreement automatically terminates when Liquid Bit ceases to operate the Software servers (for games exclusively operated online), if Liquid Bit determines or believes your use of the Software involves or may involve fraud or money laundering or any other illicit activity, or upon your failure to comply with terms and conditions of this Agreement, including, but not limited to, the License Restrictions in Section 5 above. You may terminate this Agreement at any time by (i) requesting Liquid Bit to terminate and delete your User Account that is used to access or use the Software using the method set forth in the Terms of Service, or (ii) destroying and/or deleting any and all copies of all Software in your possession, custody, or control. If this Agreement terminates due to your violation of this Agreement (including our Terms of Use), Liquid Bit may prohibit you from re-registering or re-accessing the Software. Upon any termination of this Agreement, you must destroy or return the physical copy of Software, as well as permanently destroy all copies of the Software, accompanying documentation, associated materials, and all of its component parts in your possession or control, including from any client server, computer, or gaming unit device on which it has been installed. Upon termination of this Agreement, your rights to use the Software will terminate immediately, and you must cease all use of the Software. The termination of this Agreement will not affect our rights or your obligations arising under this Agreement.
The provisions of Sections 1, 2, 3, 4, 7, 8, 10, 11 and 12 survive any termination of this Agreement.
INJUNCTION
You hereby agree that if the terms of this Agreement are not specifically enforced, Liquid Bit will be irreparably damaged, and therefore you agree that Liquid Bit shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect any of this Agreement, including temporary and permanent injunctive relief, in addition to any other available remedies.
MISCELLANEOUS
This Agreement, Liquid Bit’s Terms of Use, and Liquid Bit’s Privacy Policy represent the complete agreement between you and Liquid Bit relating to use of the Software and related services and products and supersede and replace any prior agreements between you and Liquid Bit, whether written or oral. If any part of the Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. Any failure by Liquid Bit to enforce or exercise any provision of the Agreement or related rights shall not constitute a waiver of that right or provision.
Liquid Bit may assign this Agreement, in whole or in part, at any time. You may not assign, transfer or sublicense any or all of your rights or obligations under the Agreement without Liquid Bit’s express prior written consent. Liquid Bit’s performance of the Agreement is subject to existing laws and legal process, and nothing contained in the Agreement is in derogation of Liquid Bit’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Software or information provided to or gathered by Liquid Bit with respect to such use. In addition to any excuse provided by applicable law, Liquid Bit shall be excused from liability for non-delivery or delay in delivery of the Software arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, terrorism, fire, denial of service attack, internet outages, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above. The parties agree that all correspondence relating to this Agreement shall be written in the English language.
Any dispute arising out of these Terms shall be resolved in accordance with the laws of the State of Illinois, USA without reference to its conflict of law provisions or the United Nations Convention on Contracts for the International Sale of Goods. Subject to any binding-arbitration provisions set forth in our Terms of Use, you agree that any claim asserted in any legal proceeding by you or Liquid Bit in connection with this Agreement shall be commenced and maintained in any state or federal court located in Cook County, Illinois USA, having subject matter jurisdiction with respect to such dispute. You and Liquid Bit each agree to submit to the personal jurisdiction of such court. The prevailing party in any such proceeding shall be entitled to reimbursement of court costs, including reasonable attorneys’ fees, in addition to any other remedy awarded.
Notwithstanding the foregoing, if (and only if) you are using or accessing the Software in the European Union, the following applies: This Agreement shall be construed under the laws of England and Wales. You agree that any claim asserted in any legal proceeding by you or Liquid Bit in connection with these Terms shall be commenced and maintained in any court of competent jurisdiction in London, England, and you and Liquid Bit each agree to submit to the personal jurisdiction of such court.
I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING END USER LICENSE AGREEMENT AND AGREE THAT MY USE OF THE SOFTWARE IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY THE END USER LICENSE AGREEMENT.
THIS SOFTWARE IS LICENSED, NOT SOLD. Liquid Bit LLC, an Illinois limited liability company (“Liquid Bit”), reserves all rights not expressly granted to you. The product that is subject to this license is referred to in this license as the “Software.” The Software includes all software included with this End User License Agreement (“Agreement”), and the accompanying manuals, packaging, and other written filers, electronic or online materials or documentation, and any and all copies of such Software and its materials. The Agreement, as may be amended from time to time and published at http://www.liquidbit.com/eula.html, incorporates Liquid Bit’s Terms of Use http://www.liquidbit.com/tou.html and Privacy Policy http://www.liquidbit.com/privacy.html. In the event of any conflict between this Agreement and Liquid Bit’s Terms of Use or Privacy Policy, the order of precedence shall be as follows: (i) the Privacy Policy, (ii) the Terms of Use and (iii) this Agreement. Any terms not defined herein will have the meaning set forth in the Terms of Use and/or Privacy Policy.
THIS IS A BINDING LEGAL CONTRACT BETWEEN YOU AND LIQUID BIT. PLEASE REVIEW THIS AGREEMENT CAREFULLY BEFORE INSTALLING, ACCESSING OR UTILIZING THE SOFTWARE YOU HAVE JUST PURCHASED. BY INSTALLING, COPYING AND/OR OTHERWISE USING THE SOFTWARE, AND EACH TIME YOU ACCESS THE SOFTWARE, YOU ARE SIGNIFYING YOUR ACKNOWLEDGEMENT AND ACCEPTANCE OF, AND COMPLIANCE WITH, THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO OPEN, DOWNLOAD, INSTALL, COPY, OR USE THE SOFTWARE. If you have any questions about this Agreement, you can reach Liquid Bit at 220 N Green St., Chicago, Illinois 60607.
For clarity, this Agreement is between you and Liquid Bit only, and not between you and any of Liquid Bit’s licensors, including without limitation Microsoft, Nintendo, Sony or any of their affiliates.
If you are not eighteen (18) years of age or over, you must have your parents or legal guardian review and approve this Agreement on your behalf. Your consent to this Agreement and use of the Software signifies that you have received the specific permission of your parent or legal guardian.
USER’S ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS
The Software is offered subject to your compliance with all of the terms and conditions contained herein and all other operating rules, policies and procedures. In addition, some applications offered through or in connection with the Software may be subject to additional terms and conditions promulgated by Liquid Bit from time to time. Any material modifications to the Agreement will also be brought to your attention by posting the modified Agreement at www.killerqueenblack.com/eula.html. Such material modifications will be effective immediately and will apply to matters and events arising under the Agreement following the date of modification. Your continued use of the Software after a modification has been made to the Agreement constitutes your acceptance of such modification.
LIMITED USE LICENSE
Subject to your compliance with the terms and conditions of the Agreement, Liquid Bit hereby grants you a non-exclusive, non-transferable, limited and revocable right and license to install and use one (1) copy of the Software solely and exclusively for your personal and non-commercial use for gameplay on a single game platform (e.g., computer or gaming console) that you own or control. For clarity, the foregoing does not prohibit you from installing and using an additional copy of each Game on a different game system. This Agreement shall also apply to any patches or updates you may obtain for the Software. DUPLICATION, COPYING OR ANY FORM OF REPRODUCTION OF THE SOFTWARE OR RELATED INFORMATION, MATERIALS OR OTHER CONTENT TO ANY OTHER SERVER OR LOCATION FOR THE PURPOSES OF DUPLICATION, COPYING OR ANY OTHER FORM OF REPRODUCTION IS EXPRESSLY AND EXPLICITLY PROHIBITED.
LIQUID BIT’S OWNERSHIP OF THE SOFTWARE AND PROPRIETARY MATERIALS
The Software contains copyrighted material, technology, trademarks, service marks, trade secrets and other proprietary information, which may include computer code, text, data, video, images, illustrations, animations, sounds, musical compositions and recordings, audiovisual effects, color schemes, business methods and methods of operation, concepts, ideas, know-how, moral rights, and any related documentation (collectively the “Proprietary Material”). All intellectual property rights to the Proprietary Material, including without limitation patent, copyright, trademark and trade secret rights, are owned or licensed by Liquid Bit. You: (a) agree not to copy, download, reproduce, republish, upload, post, transmit, perform, display, distribute or sell, or in any other way exploit the Proprietary Material, or to participate with or to encourage others to engage in such acts, without the prior written consent of Liquid Bit; and (b) may not reverse engineer, disassemble, decompile, or translate any computer software programs that comprise Proprietary Material, or otherwise attempt to derive the source code of such programs, except that the foregoing restrictions on copying or reverse engineering does not apply to the extent prohibited by applicable law. No Proprietary Material, or any portion thereof, may be modified or used for any purpose other than as expressly authorized in this Agreement. The Proprietary Material may include materials licensed by Liquid Bit from third parties, and the licensors of those materials may enforce their rights in the event of any violation of this Agreement. ALL RIGHTS NOT EXPRESSLY GRANTED TO YOU IN THIS AGREEMENT ARE RESERVED BY LIQUID BIT AND ITS LICENSORS OR SUPPLIERS.
NO SALE OR ASSIGNMENT
Liquid Bit does not recognize the transfer of the Software. You may not give, purchase, sell, bargain, barter, market, trade, offer for sale, sell, license, assign or otherwise divest your rights, responsibilities or obligations under the Agreement, either in whole or in part, without the prior written consent of Liquid Bit. Any attempt to do so shall be void and of no effect.
LICENSE RESTRICTIONS
(1) You agree to only use the Software, or any part of it, in a manner that is consistent with this Agreement (including our Terms of Use), and you SHALL NOT:
(a) exploit the Software or any of its parts, including, but not limited to, for-profit exploitation at a cyber (Internet) café, computer gaming center, or any other location-based site, but excluding purely not-for-profit use in which no compensation in the form of payment or benefit is received;
(b) use the Software, or permit the use of the Software, on more than one computer or game console, at the same time by the same user account;
(c) use the Software, or permit use of the Software, or make the Software available for use in a network, multi-user arrangement, remote access arrangement, including where it could be downloaded by multiple users;
(d) sell, rent, lease, license, distribute or otherwise transfer this Software or any copies;
(e) reverse engineer, derive source code, modify, decompile, disassemble, copy, or create derivative works of the Software, in whole or in part (except as the applicable law expressly permits, in which case all and any modifications, adaptations, copies, improvements, etc. shall belong to, vest in and be the exclusive property of Liquid Bit and/or its licensors on creation, in any event);
(f) remove, disable or circumvent any security protections, proprietary notices or labels contained on or within the Software;
(g) export or re-export the Software or any copy or adaptation in violation of any applicable laws or regulations;
(h) create data or executable programs which mimic data or functionality in the Software;
(2) The Software may include measures to control access to the Software, control access to certain features or content, prevent unauthorized copies, or otherwise attempt to prevent anyone from exceeding the limited rights and licenses granted under this Agreement. Such measures may include incorporating license management, product activation, and other security technology in the Software and monitoring usage, including, but not limited to, time, date, access, or other controls, counters, serial numbers, and/or other security devices designed to prevent the unauthorized access, use, and copying of the Software, or any portions or components thereof, including any violations of this Agreement. Liquid Bit reserves the right to monitor use of the Software at any time. You may not interfere with such access control measures or attempt to disable or circumvent such security features, and if you do, the Software may not function properly. Additional terms and registration may be required to access online services and to download Software updates and patches. Only Software subject to a valid license can be used to access online services, including downloading updates and patches. Except as otherwise prohibited by applicable law, Liquid Bit may limit, suspend, or terminate the license granted hereunder and access to the Software, including, but not limited to, any related services and products, at any time without notice for any reason whatsoever.
(3) You agree that you shall abide by the safety information, maintenance instructions or other relevant notices contained in the manual or other documentation accompanying the Software.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
(a) TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, THE SOFTWARE AND ANY ACCOMPANYING DOCUMENTATION AND MATERIAL ARE BEING PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND WHATSOEVER. WITHOUT LIMITING THE INTENDED GENERALITY OF THE PRECEDING SENTENCE, NEITHER LIQUID BIT, NOR ITS LICENSORS OR SUPPLIERS, WARRANTS THAT THE SOFTWARE OR ANY PORTION THEREOF (i) WILL BE UNINTERRUPTED, SECURE OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED; (ii) IS COMPATIBLE WITH ANY SOFTWARE, INCLUDING WITHOUT LIMITATION INTERNET BROWSER SOFTWARE; (iii) IS FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (iv) IS FREE OF DEFAMATORY, DEROGATORY OR ADULT-ORIENTED MATERIAL, OR MATERIAL THAT SOME INDIVIDUALS MAY DEEM OFFENSIVE OR OBJECTIONABLE. TO THE FULLEST EXTENT ALLOWED BY LAW, LIQUID BIT DISCLAIMS ALL REPRESENTATIONS, TERMS, WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE.
(b) NEITHER LIQUID BIT, NOR ITS LICENSORS OR SUPPLIERS, IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SOFTWARE. UNDER NO CIRCUMSTANCES WILL LIQUID BIT OR ITS LICENSORS OR SUPPLIERS BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR USE OF THE SOFTWARE, ANY USER-GENERATED CONTENT POSTED ON OR IN THE SOFTWARE, OR TRANSMITTED TO ANOTHER USER, OR ANY TRANSACTIONS BETWEEN OR AMONG YOU AND OTHER USERS, WHETHER ONLINE OR OFFLINE.
(c) THE SOFTWARE IS CONTROLLED AND PROVIDED BY LIQUID BIT FROM ITS FACILITIES IN THE UNITED STATES OF AMERICA. TO THE EXTENT PERMISSIBLE BY APPLICABLE LOCAL LAW AND EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, LIQUID BIT MAKES NO REPRESENTATION THAT THE SOFTWARE IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS.
(d) BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU TO THE EXTENT THAT SUCH EXCLUSIONS OR LIMITATIONS ARE NOT PERMITTED UNDER LOCAL LAW.
(e) TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, LIQUID BIT (AND ITS LICENSORS, SUPPLIERS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS) SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON, WHETHER UNDER CONTRACT OR OTHERWISE, FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, AND/OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID AND/OR PAYABLE BY YOU TO LIQUID BIT (OR TO A THIRD-PARTY PLATFORM THAT PROVIDED YOU WITH ANY GAMES) IN CONNECTION WITH THE SOFTWARE IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (III) ANY MATTER BEYOND LIQUID BIT’S REASONABLE CONTROL. LIQUID BIT CANNOT AND WILL NOT BE RESPONSIBLE FOR ANY LOSS OF YOUR USER-GENERATED CONTENT OR ANY INTERRUPTIONS OF THE SOFTWARE, INCLUDING BUT NOT LIMITED TO ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES, OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR A DISRUPTION OF THE SOFTWARE. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT ANYTHING WHICH MAY NOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, INCLUDING WITHOUT LIMITATION, DEATH OR PERSONAL INJURY ARISING THROUGH GROSS NEGLIGENCE OR FOR FRAUD.
INDEMNIFICATION
To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless Liquid Bit, its officers, directors, employees and agents, from and against all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney fees) arising from your use of the Software, your violation of any of the terms of this Agreement, your violation of any third-party right, including without limitation any copyright, trade secret, privacy or property right, or any claim that your User-Generated Content caused damage to a third-party.
INTERNATIONAL USE
Except as expressly set forth in this Agreement (including in our Terms of Use and Privacy Policy), Liquid Bit makes no representation that the Software or related materials are appropriate or available for use in locations outside the United States, and accessing them from territories where the content is illegal is prohibited. Any offer and/or information made in connection with the Software is void where prohibited. Without limiting the foregoing, you may not export or re-export the Software (a) into or to a national resident of any United States embargoed countries or (b) to anyone on the United States Treasury Department’s list of Specially Designated Nationals or the United States Department of Commerce Denied Person’s List or Entity List. By accessing and using the Software, you represent and warrant that you are not located in, under control of, or a national resident of any such country or on any such list.
TERMINATION
This Agreement is effective until terminated by you or by Liquid Bit. This Agreement automatically terminates when Liquid Bit ceases to operate the Software servers (for games exclusively operated online), if Liquid Bit determines or believes your use of the Software involves or may involve fraud or money laundering or any other illicit activity, or upon your failure to comply with terms and conditions of this Agreement, including, but not limited to, the License Restrictions in Section 5 above. You may terminate this Agreement at any time by (i) requesting Liquid Bit to terminate and delete your User Account that is used to access or use the Software using the method set forth in the Terms of Service, or (ii) destroying and/or deleting any and all copies of all Software in your possession, custody, or control. If this Agreement terminates due to your violation of this Agreement (including our Terms of Use), Liquid Bit may prohibit you from re-registering or re-accessing the Software. Upon any termination of this Agreement, you must destroy or return the physical copy of Software, as well as permanently destroy all copies of the Software, accompanying documentation, associated materials, and all of its component parts in your possession or control, including from any client server, computer, or gaming unit device on which it has been installed. Upon termination of this Agreement, your rights to use the Software will terminate immediately, and you must cease all use of the Software. The termination of this Agreement will not affect our rights or your obligations arising under this Agreement.
The provisions of Sections 1, 2, 3, 4, 7, 8, 10, 11 and 12 survive any termination of this Agreement.
INJUNCTION
You hereby agree that if the terms of this Agreement are not specifically enforced, Liquid Bit will be irreparably damaged, and therefore you agree that Liquid Bit shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect any of this Agreement, including temporary and permanent injunctive relief, in addition to any other available remedies.
MISCELLANEOUS
This Agreement, Liquid Bit’s Terms of Use, and Liquid Bit’s Privacy Policy represent the complete agreement between you and Liquid Bit relating to use of the Software and related services and products and supersede and replace any prior agreements between you and Liquid Bit, whether written or oral. If any part of the Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. Any failure by Liquid Bit to enforce or exercise any provision of the Agreement or related rights shall not constitute a waiver of that right or provision.
Liquid Bit may assign this Agreement, in whole or in part, at any time. You may not assign, transfer or sublicense any or all of your rights or obligations under the Agreement without Liquid Bit’s express prior written consent. Liquid Bit’s performance of the Agreement is subject to existing laws and legal process, and nothing contained in the Agreement is in derogation of Liquid Bit’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Software or information provided to or gathered by Liquid Bit with respect to such use. In addition to any excuse provided by applicable law, Liquid Bit shall be excused from liability for non-delivery or delay in delivery of the Software arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, terrorism, fire, denial of service attack, internet outages, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above. The parties agree that all correspondence relating to this Agreement shall be written in the English language.
Any dispute arising out of these Terms shall be resolved in accordance with the laws of the State of Illinois, USA without reference to its conflict of law provisions or the United Nations Convention on Contracts for the International Sale of Goods. Subject to any binding-arbitration provisions set forth in our Terms of Use, you agree that any claim asserted in any legal proceeding by you or Liquid Bit in connection with this Agreement shall be commenced and maintained in any state or federal court located in Cook County, Illinois USA, having subject matter jurisdiction with respect to such dispute. You and Liquid Bit each agree to submit to the personal jurisdiction of such court. The prevailing party in any such proceeding shall be entitled to reimbursement of court costs, including reasonable attorneys’ fees, in addition to any other remedy awarded.
Notwithstanding the foregoing, if (and only if) you are using or accessing the Software in the European Union, the following applies: This Agreement shall be construed under the laws of England and Wales. You agree that any claim asserted in any legal proceeding by you or Liquid Bit in connection with these Terms shall be commenced and maintained in any court of competent jurisdiction in London, England, and you and Liquid Bit each agree to submit to the personal jurisdiction of such court.
I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING END USER LICENSE AGREEMENT AND AGREE THAT MY USE OF THE SOFTWARE IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY THE END USER LICENSE AGREEMENT.