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PLEASE READ THE FOLLOWING END USER LICENSE AGREEMENT (“AGREEMENT”) BEFORE INSTALLING BEAT CHAMPION, (THE “GAME SOFTWARE”). BY INSTALLING, COPYING, AND/OR OTHERWISE USING THE GAME SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT AS SET FORTH BY THE TOAST HOTEL GAME STUDIO, LLC (also known as THE TOAST HOTEL GAME STUDIO AND TOAST HOTEL).
THIS SOFTWARE, AS IS PROVIDED HERE ON STEAM, SHALL NOT BE USED IN ANY COMMERCIAL APPLICATION (i.e. arcades) WITHOUT EXPRESS WRITTEN PERMISSION FROM TOAST HOTEL. TO LICENSE THIS SOFTWARE FOR COMMERCIAL USE, you must purchase a recurring commercial license below, or use the Springboard VR Platform. Please visit our licensing partner here for more information.
YOUR USE OF THE GAME SOFTWARE IS ALSO SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN THE STEAM™ SUBSCRIBER AGREEMENT AND/OR ANY OTHER TERMS SET FORTH BY VALVE CORPORATION IN RELATION TO THE STEAM SERVICE.
IF YOU AGREE TO THE TERMS SET FORTH IN THIS AGREEMENT, select “I ACCEPT” to install the Game Software and to indicate your acceptance of these terms and your understanding of the conditions of use of the Game Software.
IF YOU DO NOT AGREE TO THE TERMS SET FORTH IN THIS AGREEMENT, select “I DO NOT ACCEPT” and The Toast Hotel shall not grant to you the License (defined below) to the Game Software.
LIMITED USE LICENSE
The term “Game Software” includes the software included in this video game, the associated media, any software associated with the online mode of the video game (subject to any additional terms of use applicable to such online mode), any printed materials, manuals, any online or electronic documentation, and any and all copies of such software and materials. The Toast Hotel grants to you the non-exclusive, non-transferable, limited right and license to install and use one (1) copy of the Game Software on one (1) computer hard drive at any given time solely for your personal use (the “License”). All rights not specifically granted under this License are hereby reserved by The Toast Hotel and, as applicable, by its licensors. The Game Software is licensed to you, not sold. This License does not give you any title or ownership in the Game Software, and should not be construed as a sale or transfer of any intellectual property or other rights to the Game Software.
OWNERSHIP
You agree and acknowledge that all title, ownership rights, and intellectual property rights connected with the Game Software and any and all copies thereof (including but not limited to any derivative works, titles, computer code, themes, objects, characters, character names, stories, dialogs, catch phrases, locations, concepts, artwork, graphics, animation, sounds, musical compositions, audio-visual effects, text, screen displays, methods of operation, moral rights, “applets” incorporated into the Game Software, and any related documentation) are owned by The Toast Hotel or its licensors.
The Game Software is protected by the copyright laws of the United States, international copyright treaties and conventions, United States and common law trademark laws, and other laws. All rights are reserved worldwide. The Game Software contains certain materials licensed by The Toast Hotel from others, and The Toast Hotel and The Toast Hotel's licensors may protect their rights in the event of any violation of this Agreement.
LICENSE CONDITIONS AND RESTRICTIONS
You agree to only use the Game Software, or any part of it, in a manner that is consistent with this License and you SHALL NOT:
(a) without written permission from The Toast Hotel, use, advertise or exploit in any manner the Game Software or any of its parts commercially, including but not limited to use at a cyber (Internet) café, computer gaming center or any other location-based site;
(b) without a separate, additional license from The Toast Hotel, use the Game Software or permit the use of the Game Software, on more than one computer or device at the same time;
(c) use the Game Software, or permit use of the Game Software, in a network, multi-user arrangement or remote access arrangement, including any online use, except as otherwise explicitly permitted by The Toast Hotel in writing;
(d) make copies of the Game Software or any part thereof, except that you may make one (1) copy of the Game Software for backup or archival purposes, or make copies of the materials accompanying the Game Software for non-commercial backup and reference only;
(e) sell, rent, lease, license, distribute, upload to any Internet server or web site, or otherwise transfer any portion of this Game Software or any copies without the express prior written consent of The Toast Hotel.
(f) reverse engineer, derive source code, modify, decompile, disassemble, or create derivative works of the Game Software, in whole or in part (except as the applicable law expressly permits, in which case all and any lawful modifications, adaptations, improvements, etc., and all copyrights and morale rights therein, shall be deemed assigned to, and shall belong to, vest in and be the exclusive property of The Toast Hotel and/or its licensors on creation, in any event);
(g) remove, disable or circumvent any security protections or any technical measures that control access to the Game Software;
(h) remove, modify, deface or circumvent any proprietary notices or labels contained on or within the Game Software;
(i) export or re-export the Game Software or any copy or adaptation in violation of any applicable laws or regulations; or
(j) create data or executable programs that mimic data or functionality in the Game Software.
Furthermore, you agree that you shall abide by the safety information, maintenance instructions or other relevant notices contained in the manual that is included with the Game Software. You agree to the privacy policy set forth here.
GAME SOFTWARE UPDATES AND PATCHES
The Toast Hotel may provide updates, patches and other modifications to the Game Software that must be installed for the user to continue to play the game properly or at all. The Toast Hotel may update, patch or modify the Game Software remotely and access the Game Software residing on your machine for such purpose, and you hereby grant to The Toast Hotel the right to deploy and apply such patches, updates and modifications. All provisions of this Agreement that refer to the “Game Software” shall also include all such patches, updates and modifications.
LIMITED WARRANTY
You are aware and agree that use of the Game Software and the media on which it is recorded is at your sole risk.
THE FOREGOING IS YOUR SOLE AND EXCLUSIVE REMEDY FOR THE EXPRESS WARRANTY SET FORTH IN THIS SECTION.
This Limited Warranty does not apply if the defects have been caused by your negligence, accident, unreasonable use, modification, tampering, or any other causes not related to defective materials or manufacturing workmanship, and The Toast Hotel and its licensors shall not be held liable for any damage, injury or loss if caused as a result of any of these reasons. A warning is presented when you first launch the Game Software alerting you to the potential of photo-sensitivity reactions. A full warning/disclaimer can be found here. By agreeing to the use of this software, you agree that The Toast Hotel and its licencors shall not be held liable for any damage, injury (to include death), or loss, as a result of playing this Game Software.
The provisions of this Limited Warranty are valid in the United States and Canada only.
OTHER THAN EXPRESSLY SET FORTH IN THIS AGREEMENT, THE GAME SOFTWARE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. NO ORAL OR WRITTEN ADVICE OR INFORMATION GIVEN BY THE TOAST HOTEL OR ANY OF ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS LIMITED WARRANTY.
Some states and jurisdictions do not allow the exclusion of, or limitations on, limited or implied warranties, and in such states and jurisdictions, The Toast Hotel’s and its licensors’ liability shall be limited to the maximum extent permitted by law. You may have other rights that vary from state-to-state or from jurisdiction-to-jurisdiction.
LIMITATIONS ON DAMAGES
Game Software includes the Unreal® Engine code and other code, materials, and information (the “Epic Materials”) from Epic Games, Inc. (“Epic”). All Epic Materials are provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind. The Toast Hotel, Epic, and Epic’s affiliates disclaim all warranties, conditions, common law duties, and representations (express, implied, oral, and written) with respect to the Epic Materials, including without limitation all express, implied, and statutory warranties and conditions of any kind, such as title, non-interference with your enjoyment, authority, non-infringement, merchantability, fitness or suitability for any purpose (whether or not Epic knows or has reason to know of any such purpose), system integration, accuracy or completeness, results, reasonable care, workmanlike effort, lack of negligence, and lack of viruses, whether alleged to arise under law, by reason of custom or usage in the trade, or by course of dealing.
Without limiting the generality of the foregoing, The Toast Hotel, Epic, and Epic’s affiliates make no warranty that (1) any of the Epic Materials will operate properly, including as integrated in the Game Software, (2) that the Epic Materials will meet your requirements, (3) that the operation of the Epic Materials will be uninterrupted, bug free, or error free in any or all circumstances, (4) that any defects in the Epic Materials can or will be corrected, (5) that the Epic Materials are or will be in compliance with a platform manufacturer’s rules or requirements, or (6) that a platform manufacturer has approved or will approve this Game Software, or will not revoke approval of this Game Software for any or no reason.
Any warranty against infringement that may be provided in Section 2-312 of the Uniform Commercial Code or in any other comparable statute is expressly disclaimed by The Toast Hotel and Epic. The Toast Hotel, Epic, and Epic’s affiliates do not guarantee continuous, error-free, virus-free, or secure operation of or access to the Epic Materials. This paragraph will apply to the maximum extent permitted by applicable law.
To the maximum extent permitted by applicable law, neither The Toast Hotel, Epic, Epic’s licensors, nor its or their affiliates, nor any of The Toast Hotel’s or Epic’s service providers, shall be liable in any way for loss or damage of any kind resulting from the use or inability to use the Epic Materials or otherwise in connection with this Agreement, including but not limited to loss of goodwill, work stoppage, computer failure, or malfunction, or any and all other commercial damages or losses. In no event will The Toast Hotel, Epic, Epic’s licensors, nor its or their affiliates, nor any of The Toast Hotel’s or Epic’s service providers be liable for any loss of profits or any indirect, incidental, consequential, special, punitive, or exemplary damages, or any other damages arising out of or in connection with this Agreement or the Epic Materials, or the delay or inability to use or lack of functionality of the Epic Materials, even in the event of The Toast Hotel’s, Epic’s, or Epic’s affiliates’ fault, tort (including negligence), strict liability, indemnity, product liability, breach of contract, breach of warranty, or otherwise and even if The Toast Hotel, Epic or Epic’s affiliates have been advised of the possibility of such damages. These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate compensation.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of The Toast Hotel, Epic, Epic’s licensors, its and their affiliates, and any of The Toast Hotel’s or Epic’s service providers shall be limited to the full extent permitted by law.
TERM AND TERMINATION
Without prejudice to any other rights of The Toast Hotel, the License shall remain in effect for as long as you use, operate or run the Game. The License shall terminate automatically if you fail to comply with its terms and conditions. In such event, you must uninstall and destroy all copies of the Game Software. You may also terminate the License at any time by destroying the Game Software and uninstalling it from your computer(s) or other applicable hardware. The Sections entitled “Ownership,” “License Conditions and Restrictions,” “Limitations on Damages,” “Term and Termination,” “Injunction,” “Indemnity,” “Choice of Law and Jurisdiction,” and “Miscellaneous” shall survive any termination of this License.
INJUNCTION
Because The Toast Hotel would be irreparably damaged if the terms of this Agreement were not specifically enforced, you agree that The Toast Hotel shall be entitled, without bond or other security or proof of damages, to take such action as may be required, including seeking an injunction and other equitable remedies, in addition to any other remedies available to it under the applicable law.
INDEMNITY
You agree to indemnify, defend and hold harmless The Toast Hotel, its partners, affiliates, contractors, licensors, officers, directors, employees and agents from all claims, damages, costs and expenses (including reasonable legal fees) arising directly or indirectly from your acts or omissions in connection with using the Game Software or any breach by you of the terms of this Agreement.
CHOICE OF LAW AND JURISDICTION
THIS AGREEMENT, AND THE RIGHTS AND OBLIGATIONS OF YOU AND THE TOAST HOTEL CONCERNING THE GAME SOFTWARE, SHALL BE CONSTRUED AND ENFORCED UNDER VIRGINIA LAW AS SUCH LAW IS APPLIED TO AGREEMENTS BETWEEN VIRGINIA RESIDENTS ENTERED INTO AND TO BE PERFORMED WITHIN VIRGINIA, WITHOUT REGARD TO VIRGINIA’S CONFLICTS OF LAW PRINCIPLES. TO THE EXTENT ANY CLAIMS ARE GOVERNED BY FEDERAL LAW, SUCH FEDERAL LAW ALSO SHALL BE APPLICABLE. YOU AND THE TOAST HOTEL CONSENT TO THE EXCLUSIVE PERSONAL JURISDICTION OF THE STATE AND FEDERAL COURTS LOCATED IN VIRGINIA, IN CONNECTION WITH ANY CLAIM OR DISPUTE CONCERNING THIS AGREEMENT OR THE GAME SOFTWARE, AND YOU AND THE TOAST HOTEL WAIVE ANY OBJECTION BASED ON THE VENUE OR INCONVENIENCE OF SUCH FORUM. IF YOU ARE FROM OUTSIDE THE UNITED STATES, THE APPLICATION OF THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY EXCLUDED.
AMENDMENTS
The Toast Hotel reserves the right to amend this Agreement at any time, at its sole discretion, but will post such changes on the The Toast Hotel website and/or will communicate such changes through the Steam service. If any such future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you may terminate this Agreement in accordance with the above Termination provisions. Your installation and use of any updates or modifications to the Game Software or your continued use of the Game Software following notice of changes to this Agreement will constitute your acceptance of any and all such changes to the terms of this Agreement.
MISCELLANEOUS
This Agreement represents the complete agreement between you and The Toast Hotel concerning the License and your rights to use the Game Software, and supersedes all prior agreements and representations, warranties or understandings between you and The Toast Hotel (whether negligently or innocently made but excluding those made fraudulently), regarding the same subject matter. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and the remaining provisions of this Agreement shall remain in full force and not be affected.
If you have any questions concerning this Agreement or the License contained therein, you may contact The Toast Hotel at contact@beatchampionvr.com
THIS SOFTWARE, AS IS PROVIDED HERE ON STEAM, SHALL NOT BE USED IN ANY COMMERCIAL APPLICATION (i.e. arcades) WITHOUT EXPRESS WRITTEN PERMISSION FROM TOAST HOTEL. TO LICENSE THIS SOFTWARE FOR COMMERCIAL USE, you must purchase a recurring commercial license below, or use the Springboard VR Platform. Please visit our licensing partner here for more information.
YOUR USE OF THE GAME SOFTWARE IS ALSO SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN THE STEAM™ SUBSCRIBER AGREEMENT AND/OR ANY OTHER TERMS SET FORTH BY VALVE CORPORATION IN RELATION TO THE STEAM SERVICE.
IF YOU AGREE TO THE TERMS SET FORTH IN THIS AGREEMENT, select “I ACCEPT” to install the Game Software and to indicate your acceptance of these terms and your understanding of the conditions of use of the Game Software.
IF YOU DO NOT AGREE TO THE TERMS SET FORTH IN THIS AGREEMENT, select “I DO NOT ACCEPT” and The Toast Hotel shall not grant to you the License (defined below) to the Game Software.
LIMITED USE LICENSE
The term “Game Software” includes the software included in this video game, the associated media, any software associated with the online mode of the video game (subject to any additional terms of use applicable to such online mode), any printed materials, manuals, any online or electronic documentation, and any and all copies of such software and materials. The Toast Hotel grants to you the non-exclusive, non-transferable, limited right and license to install and use one (1) copy of the Game Software on one (1) computer hard drive at any given time solely for your personal use (the “License”). All rights not specifically granted under this License are hereby reserved by The Toast Hotel and, as applicable, by its licensors. The Game Software is licensed to you, not sold. This License does not give you any title or ownership in the Game Software, and should not be construed as a sale or transfer of any intellectual property or other rights to the Game Software.
OWNERSHIP
You agree and acknowledge that all title, ownership rights, and intellectual property rights connected with the Game Software and any and all copies thereof (including but not limited to any derivative works, titles, computer code, themes, objects, characters, character names, stories, dialogs, catch phrases, locations, concepts, artwork, graphics, animation, sounds, musical compositions, audio-visual effects, text, screen displays, methods of operation, moral rights, “applets” incorporated into the Game Software, and any related documentation) are owned by The Toast Hotel or its licensors.
The Game Software is protected by the copyright laws of the United States, international copyright treaties and conventions, United States and common law trademark laws, and other laws. All rights are reserved worldwide. The Game Software contains certain materials licensed by The Toast Hotel from others, and The Toast Hotel and The Toast Hotel's licensors may protect their rights in the event of any violation of this Agreement.
LICENSE CONDITIONS AND RESTRICTIONS
You agree to only use the Game Software, or any part of it, in a manner that is consistent with this License and you SHALL NOT:
(a) without written permission from The Toast Hotel, use, advertise or exploit in any manner the Game Software or any of its parts commercially, including but not limited to use at a cyber (Internet) café, computer gaming center or any other location-based site;
(b) without a separate, additional license from The Toast Hotel, use the Game Software or permit the use of the Game Software, on more than one computer or device at the same time;
(c) use the Game Software, or permit use of the Game Software, in a network, multi-user arrangement or remote access arrangement, including any online use, except as otherwise explicitly permitted by The Toast Hotel in writing;
(d) make copies of the Game Software or any part thereof, except that you may make one (1) copy of the Game Software for backup or archival purposes, or make copies of the materials accompanying the Game Software for non-commercial backup and reference only;
(e) sell, rent, lease, license, distribute, upload to any Internet server or web site, or otherwise transfer any portion of this Game Software or any copies without the express prior written consent of The Toast Hotel.
(f) reverse engineer, derive source code, modify, decompile, disassemble, or create derivative works of the Game Software, in whole or in part (except as the applicable law expressly permits, in which case all and any lawful modifications, adaptations, improvements, etc., and all copyrights and morale rights therein, shall be deemed assigned to, and shall belong to, vest in and be the exclusive property of The Toast Hotel and/or its licensors on creation, in any event);
(g) remove, disable or circumvent any security protections or any technical measures that control access to the Game Software;
(h) remove, modify, deface or circumvent any proprietary notices or labels contained on or within the Game Software;
(i) export or re-export the Game Software or any copy or adaptation in violation of any applicable laws or regulations; or
(j) create data or executable programs that mimic data or functionality in the Game Software.
Furthermore, you agree that you shall abide by the safety information, maintenance instructions or other relevant notices contained in the manual that is included with the Game Software. You agree to the privacy policy set forth here.
GAME SOFTWARE UPDATES AND PATCHES
The Toast Hotel may provide updates, patches and other modifications to the Game Software that must be installed for the user to continue to play the game properly or at all. The Toast Hotel may update, patch or modify the Game Software remotely and access the Game Software residing on your machine for such purpose, and you hereby grant to The Toast Hotel the right to deploy and apply such patches, updates and modifications. All provisions of this Agreement that refer to the “Game Software” shall also include all such patches, updates and modifications.
LIMITED WARRANTY
You are aware and agree that use of the Game Software and the media on which it is recorded is at your sole risk.
THE FOREGOING IS YOUR SOLE AND EXCLUSIVE REMEDY FOR THE EXPRESS WARRANTY SET FORTH IN THIS SECTION.
This Limited Warranty does not apply if the defects have been caused by your negligence, accident, unreasonable use, modification, tampering, or any other causes not related to defective materials or manufacturing workmanship, and The Toast Hotel and its licensors shall not be held liable for any damage, injury or loss if caused as a result of any of these reasons. A warning is presented when you first launch the Game Software alerting you to the potential of photo-sensitivity reactions. A full warning/disclaimer can be found here. By agreeing to the use of this software, you agree that The Toast Hotel and its licencors shall not be held liable for any damage, injury (to include death), or loss, as a result of playing this Game Software.
The provisions of this Limited Warranty are valid in the United States and Canada only.
OTHER THAN EXPRESSLY SET FORTH IN THIS AGREEMENT, THE GAME SOFTWARE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. NO ORAL OR WRITTEN ADVICE OR INFORMATION GIVEN BY THE TOAST HOTEL OR ANY OF ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS LIMITED WARRANTY.
Some states and jurisdictions do not allow the exclusion of, or limitations on, limited or implied warranties, and in such states and jurisdictions, The Toast Hotel’s and its licensors’ liability shall be limited to the maximum extent permitted by law. You may have other rights that vary from state-to-state or from jurisdiction-to-jurisdiction.
LIMITATIONS ON DAMAGES
Game Software includes the Unreal® Engine code and other code, materials, and information (the “Epic Materials”) from Epic Games, Inc. (“Epic”). All Epic Materials are provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind. The Toast Hotel, Epic, and Epic’s affiliates disclaim all warranties, conditions, common law duties, and representations (express, implied, oral, and written) with respect to the Epic Materials, including without limitation all express, implied, and statutory warranties and conditions of any kind, such as title, non-interference with your enjoyment, authority, non-infringement, merchantability, fitness or suitability for any purpose (whether or not Epic knows or has reason to know of any such purpose), system integration, accuracy or completeness, results, reasonable care, workmanlike effort, lack of negligence, and lack of viruses, whether alleged to arise under law, by reason of custom or usage in the trade, or by course of dealing.
Without limiting the generality of the foregoing, The Toast Hotel, Epic, and Epic’s affiliates make no warranty that (1) any of the Epic Materials will operate properly, including as integrated in the Game Software, (2) that the Epic Materials will meet your requirements, (3) that the operation of the Epic Materials will be uninterrupted, bug free, or error free in any or all circumstances, (4) that any defects in the Epic Materials can or will be corrected, (5) that the Epic Materials are or will be in compliance with a platform manufacturer’s rules or requirements, or (6) that a platform manufacturer has approved or will approve this Game Software, or will not revoke approval of this Game Software for any or no reason.
Any warranty against infringement that may be provided in Section 2-312 of the Uniform Commercial Code or in any other comparable statute is expressly disclaimed by The Toast Hotel and Epic. The Toast Hotel, Epic, and Epic’s affiliates do not guarantee continuous, error-free, virus-free, or secure operation of or access to the Epic Materials. This paragraph will apply to the maximum extent permitted by applicable law.
To the maximum extent permitted by applicable law, neither The Toast Hotel, Epic, Epic’s licensors, nor its or their affiliates, nor any of The Toast Hotel’s or Epic’s service providers, shall be liable in any way for loss or damage of any kind resulting from the use or inability to use the Epic Materials or otherwise in connection with this Agreement, including but not limited to loss of goodwill, work stoppage, computer failure, or malfunction, or any and all other commercial damages or losses. In no event will The Toast Hotel, Epic, Epic’s licensors, nor its or their affiliates, nor any of The Toast Hotel’s or Epic’s service providers be liable for any loss of profits or any indirect, incidental, consequential, special, punitive, or exemplary damages, or any other damages arising out of or in connection with this Agreement or the Epic Materials, or the delay or inability to use or lack of functionality of the Epic Materials, even in the event of The Toast Hotel’s, Epic’s, or Epic’s affiliates’ fault, tort (including negligence), strict liability, indemnity, product liability, breach of contract, breach of warranty, or otherwise and even if The Toast Hotel, Epic or Epic’s affiliates have been advised of the possibility of such damages. These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate compensation.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of The Toast Hotel, Epic, Epic’s licensors, its and their affiliates, and any of The Toast Hotel’s or Epic’s service providers shall be limited to the full extent permitted by law.
TERM AND TERMINATION
Without prejudice to any other rights of The Toast Hotel, the License shall remain in effect for as long as you use, operate or run the Game. The License shall terminate automatically if you fail to comply with its terms and conditions. In such event, you must uninstall and destroy all copies of the Game Software. You may also terminate the License at any time by destroying the Game Software and uninstalling it from your computer(s) or other applicable hardware. The Sections entitled “Ownership,” “License Conditions and Restrictions,” “Limitations on Damages,” “Term and Termination,” “Injunction,” “Indemnity,” “Choice of Law and Jurisdiction,” and “Miscellaneous” shall survive any termination of this License.
INJUNCTION
Because The Toast Hotel would be irreparably damaged if the terms of this Agreement were not specifically enforced, you agree that The Toast Hotel shall be entitled, without bond or other security or proof of damages, to take such action as may be required, including seeking an injunction and other equitable remedies, in addition to any other remedies available to it under the applicable law.
INDEMNITY
You agree to indemnify, defend and hold harmless The Toast Hotel, its partners, affiliates, contractors, licensors, officers, directors, employees and agents from all claims, damages, costs and expenses (including reasonable legal fees) arising directly or indirectly from your acts or omissions in connection with using the Game Software or any breach by you of the terms of this Agreement.
CHOICE OF LAW AND JURISDICTION
THIS AGREEMENT, AND THE RIGHTS AND OBLIGATIONS OF YOU AND THE TOAST HOTEL CONCERNING THE GAME SOFTWARE, SHALL BE CONSTRUED AND ENFORCED UNDER VIRGINIA LAW AS SUCH LAW IS APPLIED TO AGREEMENTS BETWEEN VIRGINIA RESIDENTS ENTERED INTO AND TO BE PERFORMED WITHIN VIRGINIA, WITHOUT REGARD TO VIRGINIA’S CONFLICTS OF LAW PRINCIPLES. TO THE EXTENT ANY CLAIMS ARE GOVERNED BY FEDERAL LAW, SUCH FEDERAL LAW ALSO SHALL BE APPLICABLE. YOU AND THE TOAST HOTEL CONSENT TO THE EXCLUSIVE PERSONAL JURISDICTION OF THE STATE AND FEDERAL COURTS LOCATED IN VIRGINIA, IN CONNECTION WITH ANY CLAIM OR DISPUTE CONCERNING THIS AGREEMENT OR THE GAME SOFTWARE, AND YOU AND THE TOAST HOTEL WAIVE ANY OBJECTION BASED ON THE VENUE OR INCONVENIENCE OF SUCH FORUM. IF YOU ARE FROM OUTSIDE THE UNITED STATES, THE APPLICATION OF THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY EXCLUDED.
AMENDMENTS
The Toast Hotel reserves the right to amend this Agreement at any time, at its sole discretion, but will post such changes on the The Toast Hotel website and/or will communicate such changes through the Steam service. If any such future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you may terminate this Agreement in accordance with the above Termination provisions. Your installation and use of any updates or modifications to the Game Software or your continued use of the Game Software following notice of changes to this Agreement will constitute your acceptance of any and all such changes to the terms of this Agreement.
MISCELLANEOUS
This Agreement represents the complete agreement between you and The Toast Hotel concerning the License and your rights to use the Game Software, and supersedes all prior agreements and representations, warranties or understandings between you and The Toast Hotel (whether negligently or innocently made but excluding those made fraudulently), regarding the same subject matter. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and the remaining provisions of this Agreement shall remain in full force and not be affected.
If you have any questions concerning this Agreement or the License contained therein, you may contact The Toast Hotel at contact@beatchampionvr.com