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BLINK: ROGUES
END USER LICENSE AGREEMENT (“AGREEMENT”)
BEFORE DOWNLOADING OR INSTALLING BLINK:ROGUES (THE “PROGRAM”) PLEASE CAREFULLY READ THE FOLLOWING AGREEMENT.
This Agreement is made by and between Fox Dive Studio S.R.L. (“Fox Dive”) with its principal place of development situated at Str. Burnitei Nr 24, et 1, Sector 3, Bucharest, Romania and any person who downloads, installs or uses the Program (“Licensee” or “You”).
BY PRESSING THE “I AGREE” BUTTON, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, THE TERMS AND CONDITIONS GOVERNING THE DISCLOSURE OF CERTAIN PROPRIETARY AND CONFIDENTIAL INFORMATION ("CONFIDENTIAL INFORMATION") BY FOX DIVE. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL, DOWNLOAD OR USE THE PROGRAM OR PROMPTLY DELETE THE PROGRAM. In the event You can bypass/disable by technical means the "I AGREE” button, by installing, copying, downloading, accessing or otherwise using the Program, You shall be deemed to have agreed to be bound by the terms of this Agreement. Further, You hereby acknowledge that You choose to accept and be bound by the terms of this Agreement every time You enter or re-enter the Program. You acknowledge Fox Dive has provided You enough time for reviewing the terms and conditions of this Agreement before Your acceptance.
Nothing in this Agreement, shall be interpreted as granting You any rights or privileges of any kind with respect to the Program. The Program is provided on an "as is" "as available" basis and Fox Dive makes no warranty to You of any kind, express or implied. By accepting this Agreement, You agree that You are of legal age in Your jurisdiction and are accepting this Agreement in its entirety either on behalf of yourself or your minor child.
This version of the Program and any related software programs or files that are provided to You (via on-line transmission or otherwise) including to 'patch,' or 'update’ (the “Software”), as well as any on-line or electronic documentation (the "Documentation"), and any and all copies and derivative works of such Software and Documentation are the copyrighted work of Fox Dive. This Agreement governs Your use of this Software and all related Documentation, and updates and upgrades that replace or supplement the software in any respect and which are not distributed with a separate license. Any use, reproduction or redistribution of the Software and Documentation not expressly authorized by the terms of this Agreement is expressly prohibited.
You agree to be bound by the following terms and conditions:
1. Grant of a Limited Use Non-Exclusive License
YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE SOFTWARE AND DOCUMENTATION, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL SUCH RIGHTS ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF FOX DIVE. UNLESS YOU HAVE ANOTHER AGREEMENT DIRECTLY WITH FOX DIVE THAT CONTROLS AND ALTERS YOUR USE OF FOX DIVE PRODUCTS, THE TERMS AND CONDITIONS OF THIS AGREEMENT APPLY TO YOU. All title, ownership rights and intellectual property rights in and to the Software, and all copies thereof (including but not limited to any titles, computer code, official backgrounds, official background objects, official avatars, official accessories, official avatar names, catch phrases, concepts, artwork, structural or landscape designs, animations, sounds, musical compositions, audio-visual effects, methods of operation, any related documentation, avatar likeness and "applets" incorporated into the Software) and Confidential Information are owned or licensed by Fox Dive. The Software is protected by international copyright treaties, conventions and other laws. All rights not expressly granted by Fox Dive under this Agreement are reserved by Fox Dive. The Software may contain certain third party licensed materials and licensors of those third party materials may enforce their rights in the event of any violation of this Agreement by You.
2. Additional Terms.
a) When using the Software, You may create and save custom content. This content or its format may be reset when a particular Software build, patch or update completes the testing phase and is made available to You.
b) You agree that: (i) using the Software is done at Your own risk and that You know that the Software may include known or unknown bugs, (ii) Fox Dive has no obligation to make the Software available for use without charge for any period of time,
c) The Software may contain functions for collecting and tracking information related to the use of the Software. You acknowledge that Fox Dive may collect data derived from Your using of the Software and Fox Dive reserves the right to compile, save, use and analyze such information. The collection and storage of the above data is solely for the purposes of facilitating the functionality of the Software, assisting Fox Dive in assessing improvements to it and for digital management purposes.
d) As a licensee You may be asked to provide suggestions, comments, requests for noticeable bugs and other feedback with respect to the Software (“Feedback”). You agree that while the role You will play in helping Fox Dive develop better Software is helpful, it does not constitute a critical or vital role in the development of the Software such as to entitle You to claims of ownership or rights to receive any other compensation of any kind for Your participation. You hereby grant Fox Dive the worldwide, exclusive, transferable, perpetual, irrevocable, royalty-free, fully paid-up right to: (i) make, have made, use, copy, modify, and create derivative works of the Feedback as part of any Fox Dive product, technology, service, specification or documentation; (ii) publicly perform or display, import, broadcast, transmit, distribute, license, offer to sell and sell, rent, lease or lend copies of the Feedback (and derivative works thereof and improvements thereon); and (iii) sublicense to third parties the foregoing rights, including the right to sub-license to further third parties.
e) You acknowledge that the Software evolves over time and system requirements to use the Software may change over time. You may need to upgrade your system (or obtain a new system) to use the Software. You agree that Fox Dive retains the unfettered right to modify any and all aspects of the Software, and that Fox Dive has been making, is making, and will continue to make changes to the Software.
f) You acknowledge that Fox Dive may put at Your disposal in-development versions of the Program. Your use of such in-development versions does not constitute an employment Agreement or offer of such an agreement, between You and Fox Dive and that Fox Dive does not ask and/or require You to work a certain number of hours, shifts, etc. as part of Your use of the Program and that Your use is strictly voluntary and done solely for Your personal enjoyment; and, further that Fox Dive expects You only to use your leisure time to participate in this program, and does not expect You to forego other activities, including gainful employment, during the time You spend using such in-development versions of the Program. You may stop using these versions of the Program at any time that You wish.
g) You are obliged to check and review conditions of the Agreement and other documents forming an integral part of this Agreement regularly.
h) You are granted a license for the Program and You are permitted to use the Program provided you have paid the applicable licensing fees and you are either an individual, a strictly non-profit organization or a registered charity.
For any other license type an additional personalized licensing agreement can be signed between You and Fox Dive that may include additional costs. In the event of conflicts between the provisions of this Agreement and the personalized agreement, the personalized agreement shall control.
3. Responsibilities of the Licensee
a) Subject to the Grant of License herein, You may not, in whole or in part, copy, reproduce, translate, reverse engineer, derive source code, modify, disassemble, decompile, create derivative works based on the Software, or remove any proprietary notices on or in the Software. Failure to comply with the restrictions and limitations contained in this Section 3 shall result in the immediate, automatic termination of the license granted hereunder and may subject You to civil and/or criminal penalties.
b) You agree that You shall not, under any circumstances: (i) sell, grant a security interest in or transfer reproductions of the Software to other parties in any way not expressly authorized herein, nor shall You rent, lease or license the Software; (ii) sell or disclose to any person or entity other than Fox Dive any serial key, activation code, or other unique identifier or means of authentication provided to You by Fox Dive; (iii) resell or rent the functionality of the Software to third parties in endeavors that include (but are not limited to) use at a cyber café, computer gaming center, convention, services marketplace (online or offline) or in any other digital or location-based site except with the express consent of Fox Dive. Fox Dive may offer a separate Site License Agreement to permit you to make this Program available for unrestricted commercial use; see the contact information at the end of the Agreement.
4. Termination
This License Agreement is effective until terminated. You may terminate this Agreement at any time by: (i) removing the Software from Your hard drive; and (ii) notifying Fox Dive of Your intention to terminate this License Agreement. Fox Dive may terminate this License Agreement at its sole discretion for any reason or no reason. In such event, You must immediately remove the Software from Your hard drive. Upon termination of this Agreement for any reason, all licenses granted herein shall immediately terminate.
5. Patches and Updates
Fox Dive may deploy or provide patches, updates and modifications to the Software that must be installed for the Licensee to continue to use the Software. Fox Dive may update the Software remotely, including without limitation the Software residing on the Licensee's machine, without the knowledge or consent of the Licensee, and You hereby grant to Fox Dive Your consent to deploy and apply such patches, updates and modifications to the Software.
6. Permitted Use for the Audio and Video Content created while using the Program
While using Program you may create audio and video content. This audio and video content may be kept private or made public at your discretion. Some restrictions apply, as follows:
a) The video or audio content created while using the Program must never be sold or gated from the public behind pay-walls, including but not limited to admission-type fees or paid subscriptions unless specifically approved by Fox Dive in a separate personalized Agreement.
b) The use of the audio and video content created while using the Program (the “Content”) is further governed by the following limitations and licenses: if the Content is not being monetized by the Licensee, its use is governed by Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International (CC BY-NC-SA 4.0). If the content is monetized by the Licensee on video sharing websites and streaming services such as YouTube, TwitchTV or similar, then the use of such Content is governed by Creative Commons Attribution-ShareAlike 4.0 International (CC BY-SA 4.0).
Detailed descriptions of the Creative Commons license types can be found in digital format at
http://creativecommons.org/
7. Limited Warranty and Disclaimer
THE SOFTWARE AND DOCUMENTATION(S) ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF CONDITION, DEFECTS, USE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, OR NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE AND DOCUMENTATION(S) REMAINS WITH THE USER. FOX DIVE HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (B) THE SOFTWARE WILL BE INTEROPERABLE OR COMPATABILE WITH OTHER SOFTWARE, OR (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SOFTWARE WILL BE EFFECTIVE, ACCURATE OR RELIABLE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY FOX DIVE OR ITS AUTHORIZED REPRESENTATIVE(S) SHALL CREATE A WARRANTY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR LIABILITY FOR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
8.Limitation of Liability
NEITHER FOX DIVE, NOR SUBSIDIARIES OR AFFILIATES SHALL BE LIABLE IN ANY WAY FOR LOSS OR DAMAGE OF ANY KIND RESULTING FROM THE USE OF THE SOFTWARE INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES. IN NO EVENT WILL FOX DIVE OR ITS SUBSIDIARIES OR AFFILIATES BE LIABLE TO YOU FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES EVEN IF FOX DIVE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9. Equitable Remedy
You hereby agree that Fox Dive would be irreparably damaged if the terms of this License Agreement were not specifically enforced, and therefore You agree that Fox Dive shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this License Agreement, in addition to such other remedies as Fox Dive may otherwise have available to it under applicable laws. In the event any litigation is brought by either party in connection with this License Agreement, the prevailing party in such litigation shall be entitled to recover from the other party all the costs, attorneys' fees and other expenses incurred by such prevailing party in the litigation.
10. Indemnity
At Fox Dive's request, You agree to defend, indemnify and hold harmless Fox Dive, its subsidiaries, affiliates, contractors, officers, directors, employees, agents, licensors, licensees, distributors, developers, content providers, and other users of the Software, from all damages, losses, liabilities, claims and expenses, including attorneys' fees, arising directly or indirectly from Your acts and omissions to act in using the Software pursuant to the terms of this License Agreement or any breach of this License Agreement by You. Fox Dive reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You hereunder, and in such event, You shall have no further obligation to provide indemnification for such matter.
11. Miscellaneous
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreement and representations, warranties or understandings between You and Fox Dive. It can be modified at any time by Fox Dive at its sole discretion. Fox Dive may assign this Agreement, in whole or in part, at any time. Notwithstanding, You may not assign, transfer or sublicense any or all of Your rights or obligations under the Agreement without Fox Dive's express prior written consent. None of the provisions of this Agreement shall be deemed to have been waived by any act or acquiescence on the part of Fox Dive, its agents, or employees, but only by an instrument in writing signed by an authorized officer of Fox Dive. No waiver of any provision of this Agreement shall constitute a waiver of any other provision(s) or of the same provision on another occasion.
This Agreement will be governed by the laws of Romania and by international copyright regulations and treaties. The exclusive jurisdiction and venue to adjudicate any dispute arising out of these License Terms shall be of the courts of Romania.
If any provision of this Agreement shall be held by a court of competent jurisdiction to be illegal, invalid or unenforceable, 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 remaining provisions of the Agreement shall remain in full force and effect.
You may contact Fox Dive at the following address: info@foxdivestudio.com
END USER LICENSE AGREEMENT (“AGREEMENT”)
BEFORE DOWNLOADING OR INSTALLING BLINK:ROGUES (THE “PROGRAM”) PLEASE CAREFULLY READ THE FOLLOWING AGREEMENT.
This Agreement is made by and between Fox Dive Studio S.R.L. (“Fox Dive”) with its principal place of development situated at Str. Burnitei Nr 24, et 1, Sector 3, Bucharest, Romania and any person who downloads, installs or uses the Program (“Licensee” or “You”).
BY PRESSING THE “I AGREE” BUTTON, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, THE TERMS AND CONDITIONS GOVERNING THE DISCLOSURE OF CERTAIN PROPRIETARY AND CONFIDENTIAL INFORMATION ("CONFIDENTIAL INFORMATION") BY FOX DIVE. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL, DOWNLOAD OR USE THE PROGRAM OR PROMPTLY DELETE THE PROGRAM. In the event You can bypass/disable by technical means the "I AGREE” button, by installing, copying, downloading, accessing or otherwise using the Program, You shall be deemed to have agreed to be bound by the terms of this Agreement. Further, You hereby acknowledge that You choose to accept and be bound by the terms of this Agreement every time You enter or re-enter the Program. You acknowledge Fox Dive has provided You enough time for reviewing the terms and conditions of this Agreement before Your acceptance.
Nothing in this Agreement, shall be interpreted as granting You any rights or privileges of any kind with respect to the Program. The Program is provided on an "as is" "as available" basis and Fox Dive makes no warranty to You of any kind, express or implied. By accepting this Agreement, You agree that You are of legal age in Your jurisdiction and are accepting this Agreement in its entirety either on behalf of yourself or your minor child.
This version of the Program and any related software programs or files that are provided to You (via on-line transmission or otherwise) including to 'patch,' or 'update’ (the “Software”), as well as any on-line or electronic documentation (the "Documentation"), and any and all copies and derivative works of such Software and Documentation are the copyrighted work of Fox Dive. This Agreement governs Your use of this Software and all related Documentation, and updates and upgrades that replace or supplement the software in any respect and which are not distributed with a separate license. Any use, reproduction or redistribution of the Software and Documentation not expressly authorized by the terms of this Agreement is expressly prohibited.
You agree to be bound by the following terms and conditions:
1. Grant of a Limited Use Non-Exclusive License
YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE SOFTWARE AND DOCUMENTATION, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL SUCH RIGHTS ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF FOX DIVE. UNLESS YOU HAVE ANOTHER AGREEMENT DIRECTLY WITH FOX DIVE THAT CONTROLS AND ALTERS YOUR USE OF FOX DIVE PRODUCTS, THE TERMS AND CONDITIONS OF THIS AGREEMENT APPLY TO YOU. All title, ownership rights and intellectual property rights in and to the Software, and all copies thereof (including but not limited to any titles, computer code, official backgrounds, official background objects, official avatars, official accessories, official avatar names, catch phrases, concepts, artwork, structural or landscape designs, animations, sounds, musical compositions, audio-visual effects, methods of operation, any related documentation, avatar likeness and "applets" incorporated into the Software) and Confidential Information are owned or licensed by Fox Dive. The Software is protected by international copyright treaties, conventions and other laws. All rights not expressly granted by Fox Dive under this Agreement are reserved by Fox Dive. The Software may contain certain third party licensed materials and licensors of those third party materials may enforce their rights in the event of any violation of this Agreement by You.
2. Additional Terms.
a) When using the Software, You may create and save custom content. This content or its format may be reset when a particular Software build, patch or update completes the testing phase and is made available to You.
b) You agree that: (i) using the Software is done at Your own risk and that You know that the Software may include known or unknown bugs, (ii) Fox Dive has no obligation to make the Software available for use without charge for any period of time,
c) The Software may contain functions for collecting and tracking information related to the use of the Software. You acknowledge that Fox Dive may collect data derived from Your using of the Software and Fox Dive reserves the right to compile, save, use and analyze such information. The collection and storage of the above data is solely for the purposes of facilitating the functionality of the Software, assisting Fox Dive in assessing improvements to it and for digital management purposes.
d) As a licensee You may be asked to provide suggestions, comments, requests for noticeable bugs and other feedback with respect to the Software (“Feedback”). You agree that while the role You will play in helping Fox Dive develop better Software is helpful, it does not constitute a critical or vital role in the development of the Software such as to entitle You to claims of ownership or rights to receive any other compensation of any kind for Your participation. You hereby grant Fox Dive the worldwide, exclusive, transferable, perpetual, irrevocable, royalty-free, fully paid-up right to: (i) make, have made, use, copy, modify, and create derivative works of the Feedback as part of any Fox Dive product, technology, service, specification or documentation; (ii) publicly perform or display, import, broadcast, transmit, distribute, license, offer to sell and sell, rent, lease or lend copies of the Feedback (and derivative works thereof and improvements thereon); and (iii) sublicense to third parties the foregoing rights, including the right to sub-license to further third parties.
e) You acknowledge that the Software evolves over time and system requirements to use the Software may change over time. You may need to upgrade your system (or obtain a new system) to use the Software. You agree that Fox Dive retains the unfettered right to modify any and all aspects of the Software, and that Fox Dive has been making, is making, and will continue to make changes to the Software.
f) You acknowledge that Fox Dive may put at Your disposal in-development versions of the Program. Your use of such in-development versions does not constitute an employment Agreement or offer of such an agreement, between You and Fox Dive and that Fox Dive does not ask and/or require You to work a certain number of hours, shifts, etc. as part of Your use of the Program and that Your use is strictly voluntary and done solely for Your personal enjoyment; and, further that Fox Dive expects You only to use your leisure time to participate in this program, and does not expect You to forego other activities, including gainful employment, during the time You spend using such in-development versions of the Program. You may stop using these versions of the Program at any time that You wish.
g) You are obliged to check and review conditions of the Agreement and other documents forming an integral part of this Agreement regularly.
h) You are granted a license for the Program and You are permitted to use the Program provided you have paid the applicable licensing fees and you are either an individual, a strictly non-profit organization or a registered charity.
For any other license type an additional personalized licensing agreement can be signed between You and Fox Dive that may include additional costs. In the event of conflicts between the provisions of this Agreement and the personalized agreement, the personalized agreement shall control.
3. Responsibilities of the Licensee
a) Subject to the Grant of License herein, You may not, in whole or in part, copy, reproduce, translate, reverse engineer, derive source code, modify, disassemble, decompile, create derivative works based on the Software, or remove any proprietary notices on or in the Software. Failure to comply with the restrictions and limitations contained in this Section 3 shall result in the immediate, automatic termination of the license granted hereunder and may subject You to civil and/or criminal penalties.
b) You agree that You shall not, under any circumstances: (i) sell, grant a security interest in or transfer reproductions of the Software to other parties in any way not expressly authorized herein, nor shall You rent, lease or license the Software; (ii) sell or disclose to any person or entity other than Fox Dive any serial key, activation code, or other unique identifier or means of authentication provided to You by Fox Dive; (iii) resell or rent the functionality of the Software to third parties in endeavors that include (but are not limited to) use at a cyber café, computer gaming center, convention, services marketplace (online or offline) or in any other digital or location-based site except with the express consent of Fox Dive. Fox Dive may offer a separate Site License Agreement to permit you to make this Program available for unrestricted commercial use; see the contact information at the end of the Agreement.
4. Termination
This License Agreement is effective until terminated. You may terminate this Agreement at any time by: (i) removing the Software from Your hard drive; and (ii) notifying Fox Dive of Your intention to terminate this License Agreement. Fox Dive may terminate this License Agreement at its sole discretion for any reason or no reason. In such event, You must immediately remove the Software from Your hard drive. Upon termination of this Agreement for any reason, all licenses granted herein shall immediately terminate.
5. Patches and Updates
Fox Dive may deploy or provide patches, updates and modifications to the Software that must be installed for the Licensee to continue to use the Software. Fox Dive may update the Software remotely, including without limitation the Software residing on the Licensee's machine, without the knowledge or consent of the Licensee, and You hereby grant to Fox Dive Your consent to deploy and apply such patches, updates and modifications to the Software.
6. Permitted Use for the Audio and Video Content created while using the Program
While using Program you may create audio and video content. This audio and video content may be kept private or made public at your discretion. Some restrictions apply, as follows:
a) The video or audio content created while using the Program must never be sold or gated from the public behind pay-walls, including but not limited to admission-type fees or paid subscriptions unless specifically approved by Fox Dive in a separate personalized Agreement.
b) The use of the audio and video content created while using the Program (the “Content”) is further governed by the following limitations and licenses: if the Content is not being monetized by the Licensee, its use is governed by Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International (CC BY-NC-SA 4.0). If the content is monetized by the Licensee on video sharing websites and streaming services such as YouTube, TwitchTV or similar, then the use of such Content is governed by Creative Commons Attribution-ShareAlike 4.0 International (CC BY-SA 4.0).
Detailed descriptions of the Creative Commons license types can be found in digital format at
http://creativecommons.org/
7. Limited Warranty and Disclaimer
THE SOFTWARE AND DOCUMENTATION(S) ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF CONDITION, DEFECTS, USE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, OR NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE AND DOCUMENTATION(S) REMAINS WITH THE USER. FOX DIVE HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (B) THE SOFTWARE WILL BE INTEROPERABLE OR COMPATABILE WITH OTHER SOFTWARE, OR (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SOFTWARE WILL BE EFFECTIVE, ACCURATE OR RELIABLE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY FOX DIVE OR ITS AUTHORIZED REPRESENTATIVE(S) SHALL CREATE A WARRANTY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR LIABILITY FOR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
8.Limitation of Liability
NEITHER FOX DIVE, NOR SUBSIDIARIES OR AFFILIATES SHALL BE LIABLE IN ANY WAY FOR LOSS OR DAMAGE OF ANY KIND RESULTING FROM THE USE OF THE SOFTWARE INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES. IN NO EVENT WILL FOX DIVE OR ITS SUBSIDIARIES OR AFFILIATES BE LIABLE TO YOU FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES EVEN IF FOX DIVE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9. Equitable Remedy
You hereby agree that Fox Dive would be irreparably damaged if the terms of this License Agreement were not specifically enforced, and therefore You agree that Fox Dive shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this License Agreement, in addition to such other remedies as Fox Dive may otherwise have available to it under applicable laws. In the event any litigation is brought by either party in connection with this License Agreement, the prevailing party in such litigation shall be entitled to recover from the other party all the costs, attorneys' fees and other expenses incurred by such prevailing party in the litigation.
10. Indemnity
At Fox Dive's request, You agree to defend, indemnify and hold harmless Fox Dive, its subsidiaries, affiliates, contractors, officers, directors, employees, agents, licensors, licensees, distributors, developers, content providers, and other users of the Software, from all damages, losses, liabilities, claims and expenses, including attorneys' fees, arising directly or indirectly from Your acts and omissions to act in using the Software pursuant to the terms of this License Agreement or any breach of this License Agreement by You. Fox Dive reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You hereunder, and in such event, You shall have no further obligation to provide indemnification for such matter.
11. Miscellaneous
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreement and representations, warranties or understandings between You and Fox Dive. It can be modified at any time by Fox Dive at its sole discretion. Fox Dive may assign this Agreement, in whole or in part, at any time. Notwithstanding, You may not assign, transfer or sublicense any or all of Your rights or obligations under the Agreement without Fox Dive's express prior written consent. None of the provisions of this Agreement shall be deemed to have been waived by any act or acquiescence on the part of Fox Dive, its agents, or employees, but only by an instrument in writing signed by an authorized officer of Fox Dive. No waiver of any provision of this Agreement shall constitute a waiver of any other provision(s) or of the same provision on another occasion.
This Agreement will be governed by the laws of Romania and by international copyright regulations and treaties. The exclusive jurisdiction and venue to adjudicate any dispute arising out of these License Terms shall be of the courts of Romania.
If any provision of this Agreement shall be held by a court of competent jurisdiction to be illegal, invalid or unenforceable, 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 remaining provisions of the Agreement shall remain in full force and effect.
You may contact Fox Dive at the following address: info@foxdivestudio.com