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END USER LICENSE AGREEMENT
PLEASE READ THIS END USER LICENSE AGREEMENT (“EULA”) CAREFULLY. THIS SOFTWARE IS LICENSED, NOT SOLD. BY CLICKING THE “ACCEPT” BUTTON AT THE END OF THIS EULA BELOW YOU AGREE THAT THIS EULA IS ENFORCEABLE LIKE ANY WRITTEN CONTRACT SIGNED BY YOU. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS EULA, CLICK ON THE BUTTON THAT INDICATES THAT YOU DO NOT AGREE TO ACCEPT THE TERMS OF THIS EULA. YOU MUST ACCEPT THIS EULA IN ORDER TO ACCESS THE GAME (AS DEFINED BELOW).
This software program, and any files that are delivered to you by VecFour Digital LLC via on-line transmission or otherwise to “patch”, update, or otherwise modify this software program (the “Game Client”) and any and all copies and derivative works of the Game Client for the game Hide Or Die and related modules are the work of, and owned by, VecFour Digital LLC. Any and all uses of the Game are governed by the following (herein, collectively, “VecFour Digital Terms”) (i) the terms of this EULA, (ii) the Community Policy Guidelines available at www.vecfour.digital/community-guidelines (“Community Guidelines”), as any of the foregoing may be amended from time to time. You must accept the Community Guidelines to play the Game. The Game is distributed solely for use by authorized end users according to the VecFour Digital Terms. Any use, reproduction, modification or distribution of the Game not expressly authorized by the terms of the VecFour Digital Terms is expressly prohibited.
I. Limited Use License
Subject to your agreement and continuing compliance with the VecFour Digital Terms, VecFour Digital hereby grants to you a limited, personal, non-exclusive, non-transferable, non-assignable and fully revocable license to (a) install the Game Client on one or more computers owned by you or under your legitimate control for your non-commercial entertainment purposes only.
You agree that you will not, under any circumstances:
1. In whole or in part, copy, photocopy, reproduce, translate, reverse engineer, derive source code from, modify, disassemble, decompile, or create derivative works based on the Game Material.
2. Use cheats, automation software (bots), hacks, mods or any other unauthorized third party software designed to modify the Game experience and/or give you an advantage over other players.
3.Exploit the Game or any of its parts, including without limitation the Game Client, for any commercial purpose.
4.Use any unauthorized third party software that intercepts, “mines”, or otherwise collects information from or through the Game Client.
5. Modify or cause to be modified any files that are a part of the Game Client in any way not expressly authorized by VecFour Digital LLC
II. VecFour Digital Ownership
“VecFour Digital Content” includes (1) software, software updates or patches, or other utilities and tools from VecFour Digital; or its licensors, including without limitation, the Game Client (“VecFour Digital Software”) and (2) other text and audio visual material, the design and appearance of the Game. The foregoing includes, without limitation, computer code, titles, objects, artifacts, characters, character names, locations, location names, stories, story lines, dialog, catch phrases, artwork, graphics, structural or landscape designs, animations, sounds, musical compositions and recordings, audio-visual effects, character likenesses, user accounts, and methods of operation.
“UGC” is user generated content provided by you or other users of the VecFour Digital Services. VecFour Digital does not pre-screen any UGC and does not endorse or approve any UGC that you and other users may contribute to any of the VecFour Digital Services. VecFour Digital reserves the right to remove UGC that is illegal, contrary to this EULA or objectionable to us for any reason. VecFour Digital does not assume any responsibility or liability for UGC.
VecFour Digital Content is owned by VecFour Digital or VecFour Digital's third party licensors and is protected by US and international copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. You may not copy or download any VecFour Digital Content from any of the VecFour Digital Services unless expressly authorized by us in writing.
You agree not to remove, obscure, or alter any copyright, patent, trademark, or other proprietary rights notices affixed to any VecFour Digital Content. You may not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of any of the VecFour Digital Content. VecFour Digital reserves all rights in the VecFour Digital Content. You acknowledge that VecFour Digital and/or our third party licensors remain the owners of all of the VecFour Digital Content included on the VecFour Digital Services, and that you do not acquire any of those ownership rights by downloading any of the VecFour Digital Content or accessing any of the VecFour Digital Services.
Making unauthorized copies of any of the VecFour Digital Content may result in the termination of your Account(s) after notice of breach, you being prohibited from using any of the VecFour Digital Services, and further civil or criminal legal action being brought against you by us and/or our third party licensors.
III. Patches and Updates
IMPORTANT: VECFOUR DIGITAL MAY FIND IT NECESSARY TO MAKE UPDATES, OR PATCHES TO THE GAME CLIENT, OR RESET CERTAIN PARAMETERS TO BALANCE GAME PLAY AND USAGE OF VECFOUR DIGITAL SERVICES. THESE UPDATES OR “RESETS” MAY CAUSE YOU SETBACKS WITHIN THE GAME AND MAY AFFECT CHARACTERS, GAMES, GROUPS OR OTHER ENTITLEMENTS UNDER YOUR CONTROL. VECFOUR DIGITAL RESERVES THE RIGHT TO MAKE THESE UPDATES AND IS NOT LIABLE TO YOU FOR THESE CHANGES, PROVIDED, HOWEVER, THAT ALL PURCHASED ASSETS AND ENTITLEMENTS SHALL ALWAYS BE REINSTATED.
IV. Availability of Online Services
This Game is an online game that must be played over the Internet through various online Servers. You understand and agree that Servers are provided by VecFour Digital at its discretion and may be terminated or otherwise discontinued by VecFour Digital at any time. It is your responsibility to obtain (at your own cost) all necessary devices and telecommunications services required to access the VecFour Digital Services.
V. Disclaimers & Indemnification
A. Limitations on Warranty & Liability
NOTHING IN THIS EULA LIMITS OR EXCLUDES OUR LIABILITY FOR ANYTHING THAT CANNOT BE EXCLUDED BY APPLICABLE LAW. SUBJECT TO THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT THE USE OF THE GAME, OR ANY OF THE OTHER VECFOUR DIGITAL SERVICES, THE VECFOUR DIGITAL SOFTWARE, AND THE INTERNET IS AT YOUR SOLE RISK. VECFOUR DIGITAL SERVICES, VECFOUR DIGITAL’S PRODUCTS AND THIRD PARTY SERVICES AND PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES MAY NOT BE EXCLUDED BY LAW IN WHICH CASE SUCH WARRANTIES SHALL BE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. VECFOUR DIGITAL PROVIDES THE VECFOUR DIGITAL SERVICES ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT WARRANT MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR THAT YOU WILL BE ABLE TO ACCESS OR USE THE VECFOUR DIGITAL SERVICES (OR ANY PART THEREOF) AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT VECFOUR DIGITAL WILL HAVE ADEQUATE CAPACITY FOR THE VECFOUR DIGITAL SERVICES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. USE OF THE VECFOUR DIGITAL SERVICES, INCLUDING, WITHOUT LIMITATION, ALL COMMUNICATION FEATURES AVAILABLE VIA THE VECFOUR DIGITAL SERVICES, IS AT YOUR SOLE RISK.
YOU ACKNOWLEDGE AND AGREE THAT VECFOUR DIGITAL, ITS LICENSORS AND AFFILIATES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON ANY OF THE VECFOUR DIGITAL SERVICES OR USE OF THE VECFOUR DIGITAL SOFTWARE. IN NO CASE SHALL VECFOUR DIGITAL OR ITS LICENSORS, AFFILIATES’, EMPLOYEES’, OFFICERS’, OR DIRECTORS’ (COLLECTIVELY WITH VECFOUR DIGITAL, THE “VECFOUR DIGITAL AFFILIATES“) LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO VECFOUR DIGITAL FOR THE VECFOUR DIGITAL SERVICES. SAVE AS SET OUT IN THIS EULA, NONE OF THE VECFOUR DIGITAL AFFILIATES SHALL BE LIABLE TO YOU FOR ANY DIRECT, GENERAL, INCIDENTAL, SPECIAL. OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFIT OR REVENUES, ARISING FROM YOUR USE OF THE VECFOUR DIGITAL SERVICES, THE VECFOUR DIGITAL SOFTWARE, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF ANY OF THE VECFOUR DIGITAL SERVICES OR YOUR ACCOUNT. 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 VECFOUR DIGITAL AFFILIATES’ LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. VECFOUR DIGITAL DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD PARTY PRODUCT OR SERVICE OFFERED THROUGH THE VECFOUR DIGITAL SERVICES AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF ANY SUCH PRODUCTS OR SERVICES.
B. Indemnification
Upon VecFour Digital's request, you agree to defend, indemnify and hold harmless each of the VecFour Digital Affiliates and VecFour Digital's vendors, and content providers from all liabilities, claims and expenses, including attorneys’ fees, that arise from a breach of these Terms of Service, or any other VecFour Digital Terms, for which you are responsible or in connection with your communication and activity on the VecFour Digital Services, including, without limitation, distribution of any UGC on or through the VecFour Digital Services. Without limiting the generality of the foregoing, you agree to indemnify and hold VecFour Digital harmless for any improper or illegal use of your Account, including the illegal or improper use of your Account by someone to whom you have given permission to use your Account.
VecFour Digital reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification to VecFour Digital in that matter.
C. Pre-Releases (Alpha/Beta Testing)
If you download a Pre-Release Game / Beta, the specific rules set forth in that section regarding Beta Testing will apply and govern your use of any such Pre-Release Game. Without limiting any of the VecFour Digital Terms, you specifically acknowledge and agree that you understand the nature of such Alpha or Beta testing, (i.e. that you may experience bugs, crashes, and the like, or that the Pre-Release Games may be changed or redesigned subsequently). Nothing contained in the foregoing shall be considered a breach by VecFour Digital of any of the VecFour Digital Terms or a failure of VecFour Digital to deliver the Game.
VI. Disputes & Binding Arbitration
A. Equitable Remedies
You hereby acknowledge and agree that VecFour Digital would suffer irreparable harm if this EULA or any of the VecFour Digital Terms were not specifically enforced. Consequently, in addition to such monetary and other relief as may be recoverable at law, you agree that VecFour Digital shall be entitled to specific performance or other injunctive relief, without bond, other security, or proof of damages, as remedy for any breach or threatened breach of this EULA or any other VecFour Digital Terms. Additionally, in the event any legal or administrative action or proceeding is brought by either party in connection with this EULA or the VecFour Digital Terms and consistent with the terms of this Section, the prevailing party in such action or proceeding shall be entitled to recover from the other party all of the costs, attorneys’ fees and other expenses incurred by such prevailing party as the result of the action or proceeding.
You and VecFour Digital agree that any arbitration shall be limited to the Dispute between VecFour Digital and you individually. To the fullest extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
E. Location
Any arbitration shall be initiated in the Sheridan County, State of Wyoming, United States of America. Any Dispute not subject to arbitration, or where no election to arbitrate has been made, shall be decided by a court of competent jurisdiction within the Sheridan County, State of Wyoming, United States of America, and you and VecFour Digital agree to submit to the personal jurisdiction of that court. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
VII. Termination
This EULA (and all subsequent modifications, if any) shall remain effective until terminated in accordance with this EULA, it being understood that you may terminate this EULA at any time for any reason or for no reason. Termination by VecFour Digital will be effective upon notice to you, termination or deletion of your Account, or our decision to permanently discontinue offering and/or supporting the Game, which we may do at any time in our reasonable commercial discretion. You may terminate this EULA (and, consequently, your Account) at any time by notifying VecFour Digital at support@vecfour.digital. Upon termination of this Agreement, your right to use the VecFour Digital Services shall immediately cease. The following provisions shall survive any termination of this Agreement: Sections V, VI, and VIII.
VIII. General Terms
A. Third Parties. You agree that neither this EULA nor any of the VecFour Digital Terms are intended to confer and do not confer any rights or remedies upon any person other than the parties to this EULA and the VecFour Digital Affiliates.
B. Severability. If any provision in this EULA is held invalid or unenforceable, that provision shall be interpreted in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of VecFour Digital, and the remaining provisions of this EULA shall remain in full force and effect.
C. Waiver. The failure of VecFour Digital to exercise or enforce any right or provision contained in this EULA or any VecFour Digital Terms will not constitute a waiver of such right or provision, any such waiver being effective only if in a writing signed by VecFour Digital.
D. Force Majeure. VecFour Digital shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of VecFour Digital, including, without limitation, any failure to perform hereunder due to unforeseen circumstances or cause beyond VecFour Digital’s control such as acts of god, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
E. All remedies, cures and other legal measures by VecFour Digital set forth herein are in addition to, not in lieu of, all remedies, cures and other legal measures provided for by applicable law. VecFour Digital hereby expressly reserves its right to enforce all remedies, cures and other legal measures available under applicable law.
F. Governing Law. The laws of Wyoming, excluding its conflicts-of-law rules, govern this EULA, any other VecFour Digital Terms, and your Account(s); and (ii) you expressly agree that exclusive jurisdiction for any claim or dispute with VecFour Digital or relating in any way to this EULA, any other VecFour Digital Terms, your Account(s), or your use of any VecFour Digital Services resides in the Courts of the State of Wyoming, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Wyoming in connection with any such dispute including any claim involving VecFour Digital or its affiliates, employees, contractors, officers, directors, vendors and content providers.
G. Entire Agreement. This EULA and any other VecFour Digital Terms constitute the entire agreement between you and VecFour Digital relating to your rights and obligations in the use of VecFour Digital Services and the Game Materials licensed hereunder. If there is any conflict between this EULA and any other VecFour Digital Terms, VecFour Digital shall resolve the conflict in its sole discretion.
I hereby acknowledge that I have read and understand this EULA and that I agree that by clicking “I AGREE” I am acknowledging my agreement to be bound by this EULA.
PLEASE READ THIS END USER LICENSE AGREEMENT (“EULA”) CAREFULLY. THIS SOFTWARE IS LICENSED, NOT SOLD. BY CLICKING THE “ACCEPT” BUTTON AT THE END OF THIS EULA BELOW YOU AGREE THAT THIS EULA IS ENFORCEABLE LIKE ANY WRITTEN CONTRACT SIGNED BY YOU. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS EULA, CLICK ON THE BUTTON THAT INDICATES THAT YOU DO NOT AGREE TO ACCEPT THE TERMS OF THIS EULA. YOU MUST ACCEPT THIS EULA IN ORDER TO ACCESS THE GAME (AS DEFINED BELOW).
This software program, and any files that are delivered to you by VecFour Digital LLC via on-line transmission or otherwise to “patch”, update, or otherwise modify this software program (the “Game Client”) and any and all copies and derivative works of the Game Client for the game Hide Or Die and related modules are the work of, and owned by, VecFour Digital LLC. Any and all uses of the Game are governed by the following (herein, collectively, “VecFour Digital Terms”) (i) the terms of this EULA, (ii) the Community Policy Guidelines available at www.vecfour.digital/community-guidelines (“Community Guidelines”), as any of the foregoing may be amended from time to time. You must accept the Community Guidelines to play the Game. The Game is distributed solely for use by authorized end users according to the VecFour Digital Terms. Any use, reproduction, modification or distribution of the Game not expressly authorized by the terms of the VecFour Digital Terms is expressly prohibited.
I. Limited Use License
Subject to your agreement and continuing compliance with the VecFour Digital Terms, VecFour Digital hereby grants to you a limited, personal, non-exclusive, non-transferable, non-assignable and fully revocable license to (a) install the Game Client on one or more computers owned by you or under your legitimate control for your non-commercial entertainment purposes only.
You agree that you will not, under any circumstances:
1. In whole or in part, copy, photocopy, reproduce, translate, reverse engineer, derive source code from, modify, disassemble, decompile, or create derivative works based on the Game Material.
2. Use cheats, automation software (bots), hacks, mods or any other unauthorized third party software designed to modify the Game experience and/or give you an advantage over other players.
3.Exploit the Game or any of its parts, including without limitation the Game Client, for any commercial purpose.
4.Use any unauthorized third party software that intercepts, “mines”, or otherwise collects information from or through the Game Client.
5. Modify or cause to be modified any files that are a part of the Game Client in any way not expressly authorized by VecFour Digital LLC
II. VecFour Digital Ownership
“VecFour Digital Content” includes (1) software, software updates or patches, or other utilities and tools from VecFour Digital; or its licensors, including without limitation, the Game Client (“VecFour Digital Software”) and (2) other text and audio visual material, the design and appearance of the Game. The foregoing includes, without limitation, computer code, titles, objects, artifacts, characters, character names, locations, location names, stories, story lines, dialog, catch phrases, artwork, graphics, structural or landscape designs, animations, sounds, musical compositions and recordings, audio-visual effects, character likenesses, user accounts, and methods of operation.
“UGC” is user generated content provided by you or other users of the VecFour Digital Services. VecFour Digital does not pre-screen any UGC and does not endorse or approve any UGC that you and other users may contribute to any of the VecFour Digital Services. VecFour Digital reserves the right to remove UGC that is illegal, contrary to this EULA or objectionable to us for any reason. VecFour Digital does not assume any responsibility or liability for UGC.
VecFour Digital Content is owned by VecFour Digital or VecFour Digital's third party licensors and is protected by US and international copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. You may not copy or download any VecFour Digital Content from any of the VecFour Digital Services unless expressly authorized by us in writing.
You agree not to remove, obscure, or alter any copyright, patent, trademark, or other proprietary rights notices affixed to any VecFour Digital Content. You may not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of any of the VecFour Digital Content. VecFour Digital reserves all rights in the VecFour Digital Content. You acknowledge that VecFour Digital and/or our third party licensors remain the owners of all of the VecFour Digital Content included on the VecFour Digital Services, and that you do not acquire any of those ownership rights by downloading any of the VecFour Digital Content or accessing any of the VecFour Digital Services.
Making unauthorized copies of any of the VecFour Digital Content may result in the termination of your Account(s) after notice of breach, you being prohibited from using any of the VecFour Digital Services, and further civil or criminal legal action being brought against you by us and/or our third party licensors.
III. Patches and Updates
IMPORTANT: VECFOUR DIGITAL MAY FIND IT NECESSARY TO MAKE UPDATES, OR PATCHES TO THE GAME CLIENT, OR RESET CERTAIN PARAMETERS TO BALANCE GAME PLAY AND USAGE OF VECFOUR DIGITAL SERVICES. THESE UPDATES OR “RESETS” MAY CAUSE YOU SETBACKS WITHIN THE GAME AND MAY AFFECT CHARACTERS, GAMES, GROUPS OR OTHER ENTITLEMENTS UNDER YOUR CONTROL. VECFOUR DIGITAL RESERVES THE RIGHT TO MAKE THESE UPDATES AND IS NOT LIABLE TO YOU FOR THESE CHANGES, PROVIDED, HOWEVER, THAT ALL PURCHASED ASSETS AND ENTITLEMENTS SHALL ALWAYS BE REINSTATED.
IV. Availability of Online Services
This Game is an online game that must be played over the Internet through various online Servers. You understand and agree that Servers are provided by VecFour Digital at its discretion and may be terminated or otherwise discontinued by VecFour Digital at any time. It is your responsibility to obtain (at your own cost) all necessary devices and telecommunications services required to access the VecFour Digital Services.
V. Disclaimers & Indemnification
A. Limitations on Warranty & Liability
NOTHING IN THIS EULA LIMITS OR EXCLUDES OUR LIABILITY FOR ANYTHING THAT CANNOT BE EXCLUDED BY APPLICABLE LAW. SUBJECT TO THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT THE USE OF THE GAME, OR ANY OF THE OTHER VECFOUR DIGITAL SERVICES, THE VECFOUR DIGITAL SOFTWARE, AND THE INTERNET IS AT YOUR SOLE RISK. VECFOUR DIGITAL SERVICES, VECFOUR DIGITAL’S PRODUCTS AND THIRD PARTY SERVICES AND PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES MAY NOT BE EXCLUDED BY LAW IN WHICH CASE SUCH WARRANTIES SHALL BE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. VECFOUR DIGITAL PROVIDES THE VECFOUR DIGITAL SERVICES ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT WARRANT MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR THAT YOU WILL BE ABLE TO ACCESS OR USE THE VECFOUR DIGITAL SERVICES (OR ANY PART THEREOF) AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT VECFOUR DIGITAL WILL HAVE ADEQUATE CAPACITY FOR THE VECFOUR DIGITAL SERVICES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. USE OF THE VECFOUR DIGITAL SERVICES, INCLUDING, WITHOUT LIMITATION, ALL COMMUNICATION FEATURES AVAILABLE VIA THE VECFOUR DIGITAL SERVICES, IS AT YOUR SOLE RISK.
YOU ACKNOWLEDGE AND AGREE THAT VECFOUR DIGITAL, ITS LICENSORS AND AFFILIATES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON ANY OF THE VECFOUR DIGITAL SERVICES OR USE OF THE VECFOUR DIGITAL SOFTWARE. IN NO CASE SHALL VECFOUR DIGITAL OR ITS LICENSORS, AFFILIATES’, EMPLOYEES’, OFFICERS’, OR DIRECTORS’ (COLLECTIVELY WITH VECFOUR DIGITAL, THE “VECFOUR DIGITAL AFFILIATES“) LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO VECFOUR DIGITAL FOR THE VECFOUR DIGITAL SERVICES. SAVE AS SET OUT IN THIS EULA, NONE OF THE VECFOUR DIGITAL AFFILIATES SHALL BE LIABLE TO YOU FOR ANY DIRECT, GENERAL, INCIDENTAL, SPECIAL. OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFIT OR REVENUES, ARISING FROM YOUR USE OF THE VECFOUR DIGITAL SERVICES, THE VECFOUR DIGITAL SOFTWARE, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF ANY OF THE VECFOUR DIGITAL SERVICES OR YOUR ACCOUNT. 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 VECFOUR DIGITAL AFFILIATES’ LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. VECFOUR DIGITAL DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD PARTY PRODUCT OR SERVICE OFFERED THROUGH THE VECFOUR DIGITAL SERVICES AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF ANY SUCH PRODUCTS OR SERVICES.
B. Indemnification
Upon VecFour Digital's request, you agree to defend, indemnify and hold harmless each of the VecFour Digital Affiliates and VecFour Digital's vendors, and content providers from all liabilities, claims and expenses, including attorneys’ fees, that arise from a breach of these Terms of Service, or any other VecFour Digital Terms, for which you are responsible or in connection with your communication and activity on the VecFour Digital Services, including, without limitation, distribution of any UGC on or through the VecFour Digital Services. Without limiting the generality of the foregoing, you agree to indemnify and hold VecFour Digital harmless for any improper or illegal use of your Account, including the illegal or improper use of your Account by someone to whom you have given permission to use your Account.
VecFour Digital reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification to VecFour Digital in that matter.
C. Pre-Releases (Alpha/Beta Testing)
If you download a Pre-Release Game / Beta, the specific rules set forth in that section regarding Beta Testing will apply and govern your use of any such Pre-Release Game. Without limiting any of the VecFour Digital Terms, you specifically acknowledge and agree that you understand the nature of such Alpha or Beta testing, (i.e. that you may experience bugs, crashes, and the like, or that the Pre-Release Games may be changed or redesigned subsequently). Nothing contained in the foregoing shall be considered a breach by VecFour Digital of any of the VecFour Digital Terms or a failure of VecFour Digital to deliver the Game.
VI. Disputes & Binding Arbitration
A. Equitable Remedies
You hereby acknowledge and agree that VecFour Digital would suffer irreparable harm if this EULA or any of the VecFour Digital Terms were not specifically enforced. Consequently, in addition to such monetary and other relief as may be recoverable at law, you agree that VecFour Digital shall be entitled to specific performance or other injunctive relief, without bond, other security, or proof of damages, as remedy for any breach or threatened breach of this EULA or any other VecFour Digital Terms. Additionally, in the event any legal or administrative action or proceeding is brought by either party in connection with this EULA or the VecFour Digital Terms and consistent with the terms of this Section, the prevailing party in such action or proceeding shall be entitled to recover from the other party all of the costs, attorneys’ fees and other expenses incurred by such prevailing party as the result of the action or proceeding.
You and VecFour Digital agree that any arbitration shall be limited to the Dispute between VecFour Digital and you individually. To the fullest extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
E. Location
Any arbitration shall be initiated in the Sheridan County, State of Wyoming, United States of America. Any Dispute not subject to arbitration, or where no election to arbitrate has been made, shall be decided by a court of competent jurisdiction within the Sheridan County, State of Wyoming, United States of America, and you and VecFour Digital agree to submit to the personal jurisdiction of that court. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
VII. Termination
This EULA (and all subsequent modifications, if any) shall remain effective until terminated in accordance with this EULA, it being understood that you may terminate this EULA at any time for any reason or for no reason. Termination by VecFour Digital will be effective upon notice to you, termination or deletion of your Account, or our decision to permanently discontinue offering and/or supporting the Game, which we may do at any time in our reasonable commercial discretion. You may terminate this EULA (and, consequently, your Account) at any time by notifying VecFour Digital at support@vecfour.digital. Upon termination of this Agreement, your right to use the VecFour Digital Services shall immediately cease. The following provisions shall survive any termination of this Agreement: Sections V, VI, and VIII.
VIII. General Terms
A. Third Parties. You agree that neither this EULA nor any of the VecFour Digital Terms are intended to confer and do not confer any rights or remedies upon any person other than the parties to this EULA and the VecFour Digital Affiliates.
B. Severability. If any provision in this EULA is held invalid or unenforceable, that provision shall be interpreted in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of VecFour Digital, and the remaining provisions of this EULA shall remain in full force and effect.
C. Waiver. The failure of VecFour Digital to exercise or enforce any right or provision contained in this EULA or any VecFour Digital Terms will not constitute a waiver of such right or provision, any such waiver being effective only if in a writing signed by VecFour Digital.
D. Force Majeure. VecFour Digital shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of VecFour Digital, including, without limitation, any failure to perform hereunder due to unforeseen circumstances or cause beyond VecFour Digital’s control such as acts of god, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
E. All remedies, cures and other legal measures by VecFour Digital set forth herein are in addition to, not in lieu of, all remedies, cures and other legal measures provided for by applicable law. VecFour Digital hereby expressly reserves its right to enforce all remedies, cures and other legal measures available under applicable law.
F. Governing Law. The laws of Wyoming, excluding its conflicts-of-law rules, govern this EULA, any other VecFour Digital Terms, and your Account(s); and (ii) you expressly agree that exclusive jurisdiction for any claim or dispute with VecFour Digital or relating in any way to this EULA, any other VecFour Digital Terms, your Account(s), or your use of any VecFour Digital Services resides in the Courts of the State of Wyoming, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Wyoming in connection with any such dispute including any claim involving VecFour Digital or its affiliates, employees, contractors, officers, directors, vendors and content providers.
G. Entire Agreement. This EULA and any other VecFour Digital Terms constitute the entire agreement between you and VecFour Digital relating to your rights and obligations in the use of VecFour Digital Services and the Game Materials licensed hereunder. If there is any conflict between this EULA and any other VecFour Digital Terms, VecFour Digital shall resolve the conflict in its sole discretion.
I hereby acknowledge that I have read and understand this EULA and that I agree that by clicking “I AGREE” I am acknowledging my agreement to be bound by this EULA.