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Forklift Simulator 2019 End-User License Agreement ("Agreement")
Last updated: November 13, 2018
Please read this End-User License Agreement ("Agreement") carefully before clicking the "I Agree" button, downloading, installing, or using Forklift Simulator 2019 ("Game").
By clicking the "I Agree" button, downloading, installing, or using the Game, you are agreeing to be bound by the terms and conditions of this Agreement.
If you do not agree to the terms of this Agreement, do not click on the "I Agree" button and do not download, install, or use the Game.
License
Blind Squirrel Entertainment, Inc. grants you a revocable, non-exclusive, non-transferable, limited license to download, install, and use the Game solely for your personal, non-commercial purposes strictly in accordance with the terms of this Agreement (“License”).
Ownership
This License does not grant you any title or ownership in the Game, and is not a sale or transfer of any intellectual property or other rights to the Game. All title, ownership rights, and intellectual property rights connected with the Game are owned by Blind Squirrel Entertainment, Inc. or its licensors.
Restrictions
You agree not to, and you will not permit others to:
a) license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose, make copies, or otherwise commercially exploit the Game or make the Game available to any third party;
b) reverse engineer, derive source code, modify, decompile, disassemble, or create derivative works of the Game, in whole or in part;
c) download, install, access, play, or otherwise use the Game in any way except on devices owned or controlled exclusively by you, running validly-licensed copies of the Game and of operating systems on which the Game is designed to operate;
d) make a copy of the Game available on a network for use or download by multiple users;
e) remove, disable or circumvent any security protections or any technical measures that control access to the Game;
f) remove, modify, or circumvent any proprietary notices, marks, or labels contained on or within the Game;
g) transport, export, or re-export (directly or indirectly) the Game or any copy or adaptation in violation of any applicable laws or regulations; or
h) create data or executable programs that mimic data or functionality in the Game.
Modifications to Game
Blind Squirrel Entertainment, Inc. reserves the right to modify, suspend or discontinue, temporarily or permanently, the Game or any service to which it connects, with or without notice and without liability to you.
Disclaimer of Warranties; Limitation of Liability and Damages
The Game is provided on an "as is" and “as available” basis, with all faults and without warranty of any kind, and Blind Squirrel Entertainment, Inc. hereby disclaims all warranties, conditions, and representations of any kind, express or implied, including, but not limited to, the implied warranties of merchantability, title, fitness for a particular purpose, and non-infringement of third party rights. Your use is at your sole risk.
In no event shall Blind Squirrel Entertainment, Inc. or its licensors be liable for direct, indirect, special, incidental, exemplary, punitive, or consequential damages resulting from possession, access to, download, installation, use, or malfunction of the Game, including without limitation any losses or damages connected with or consisting of lost profits, damage to property, lost or corrupted data or files, loss of goodwill, console, computer or handheld device failure, errors and lost business or other information as a result of possession, access to, download, installation, use, or malfunction of the Game, or personal injuries, even if Blind Squirrel Entertainment, Inc. has been advised of the possibility of such loss or damages.
In jurisdictions that do not allow the exclusion of, or limitations on, limited or implied warranties, Blind Squirrel Entertainment, Inc.’s liability shall be limited to the maximum extent permitted by law.
The Game is intended for entertainment purposes only, and is not intended for real-life training purposes. Blind Squirrel Entertainment, Inc. and its licensors are not responsible for any injuries, death, or damages that result from the use of a forklift or engaging in any conduct depicted in the Game.
Term and Termination
Blind Squirrel Entertainment, Inc. may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.
The License shall remain in effect until terminated by you or Blind Squirrel Entertainment, Inc.
The License will terminate immediately, without prior notice from Blind Squirrel Entertainment, Inc., in the event that you fail to comply with any provision of this Agreement.
Upon termination of the License, you shall cease all use of the Game, uninstall, and delete all copies of the Game from your computer(s), mobile device(s), or other applicable hardware. You may also terminate the License by uninstalling and deleting the Game and all copies thereof from your computer(s), mobile device(s), or other applicable hardware.
The Sections entitled “Ownership,” “Restrictions,” “Disclaimer of Warranties; Limitation of Liability and Damages,” “Term and Termination,” “Severability,” “Injunction; Equitable Remedies,” “Indemnity,” and “Choice of Law and Jurisdiction” shall survive any termination of this License.
Severability
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Injunction; Equitable Remedies
You agree that if the terms of this Agreement are not specifically enforced, Blind Squirrel Entertainment, Inc. will be irreparably damaged, and therefore you agree that Blind Squirrel Entertainment, Inc. shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect any of this Agreement, including temporary and permanent injunctive relief, in addition to any other available remedies under the applicable law.
Indemnity
You agree to indemnify, defend and hold harmless Blind Squirrel Entertainment, Inc., its partners, affiliates, contractors, licensors, officers, directors, employees and agents from all claims, damages, costs and expenses, including attorneys’ fees, arising directly or indirectly from your acts or omissions in connection with using the Game or any breach by you of the terms of this Agreement.
Choice of Law and Jurisdiction
This Agreement is governed by and interpreted in accordance with the laws of the State of California, excluding that body of law related to conflicts of laws, and of the United States of America. Any proceeding brought to enforce this agreement or to adjudicate any dispute related to this agreement must be heard in the courts of Orange County, California or the Central District of California. Each party submits itself to the exclusive jurisdiction and venue of these courts for
purposes of proceedings related to this agreement, waives forum non conveniens and similar
defenses.
Amendments to this Agreement
Blind Squirrel Entertainment, Inc. reserves the right, at its sole discretion, to modify or replace this Agreement at any time, and will post any revisions on Steam. Your download, installation, or use of any updates or modifications to the Game, or your continued use of the Game following any revisions to this Agreement will indicate your acceptance of any and all such revisions to the terms of this Agreement.
Contact Information
If you have any questions about this Agreement, you may contact Blind Squirrel Entertainment, Inc. at 1251 E Dyer Rd, Suite 200, Santa Ana, CA 92705.
Last updated: November 13, 2018
Please read this End-User License Agreement ("Agreement") carefully before clicking the "I Agree" button, downloading, installing, or using Forklift Simulator 2019 ("Game").
By clicking the "I Agree" button, downloading, installing, or using the Game, you are agreeing to be bound by the terms and conditions of this Agreement.
If you do not agree to the terms of this Agreement, do not click on the "I Agree" button and do not download, install, or use the Game.
License
Blind Squirrel Entertainment, Inc. grants you a revocable, non-exclusive, non-transferable, limited license to download, install, and use the Game solely for your personal, non-commercial purposes strictly in accordance with the terms of this Agreement (“License”).
Ownership
This License does not grant you any title or ownership in the Game, and is not a sale or transfer of any intellectual property or other rights to the Game. All title, ownership rights, and intellectual property rights connected with the Game are owned by Blind Squirrel Entertainment, Inc. or its licensors.
Restrictions
You agree not to, and you will not permit others to:
a) license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose, make copies, or otherwise commercially exploit the Game or make the Game available to any third party;
b) reverse engineer, derive source code, modify, decompile, disassemble, or create derivative works of the Game, in whole or in part;
c) download, install, access, play, or otherwise use the Game in any way except on devices owned or controlled exclusively by you, running validly-licensed copies of the Game and of operating systems on which the Game is designed to operate;
d) make a copy of the Game available on a network for use or download by multiple users;
e) remove, disable or circumvent any security protections or any technical measures that control access to the Game;
f) remove, modify, or circumvent any proprietary notices, marks, or labels contained on or within the Game;
g) transport, export, or re-export (directly or indirectly) the Game or any copy or adaptation in violation of any applicable laws or regulations; or
h) create data or executable programs that mimic data or functionality in the Game.
Modifications to Game
Blind Squirrel Entertainment, Inc. reserves the right to modify, suspend or discontinue, temporarily or permanently, the Game or any service to which it connects, with or without notice and without liability to you.
Disclaimer of Warranties; Limitation of Liability and Damages
The Game is provided on an "as is" and “as available” basis, with all faults and without warranty of any kind, and Blind Squirrel Entertainment, Inc. hereby disclaims all warranties, conditions, and representations of any kind, express or implied, including, but not limited to, the implied warranties of merchantability, title, fitness for a particular purpose, and non-infringement of third party rights. Your use is at your sole risk.
In no event shall Blind Squirrel Entertainment, Inc. or its licensors be liable for direct, indirect, special, incidental, exemplary, punitive, or consequential damages resulting from possession, access to, download, installation, use, or malfunction of the Game, including without limitation any losses or damages connected with or consisting of lost profits, damage to property, lost or corrupted data or files, loss of goodwill, console, computer or handheld device failure, errors and lost business or other information as a result of possession, access to, download, installation, use, or malfunction of the Game, or personal injuries, even if Blind Squirrel Entertainment, Inc. has been advised of the possibility of such loss or damages.
In jurisdictions that do not allow the exclusion of, or limitations on, limited or implied warranties, Blind Squirrel Entertainment, Inc.’s liability shall be limited to the maximum extent permitted by law.
The Game is intended for entertainment purposes only, and is not intended for real-life training purposes. Blind Squirrel Entertainment, Inc. and its licensors are not responsible for any injuries, death, or damages that result from the use of a forklift or engaging in any conduct depicted in the Game.
Term and Termination
Blind Squirrel Entertainment, Inc. may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.
The License shall remain in effect until terminated by you or Blind Squirrel Entertainment, Inc.
The License will terminate immediately, without prior notice from Blind Squirrel Entertainment, Inc., in the event that you fail to comply with any provision of this Agreement.
Upon termination of the License, you shall cease all use of the Game, uninstall, and delete all copies of the Game from your computer(s), mobile device(s), or other applicable hardware. You may also terminate the License by uninstalling and deleting the Game and all copies thereof from your computer(s), mobile device(s), or other applicable hardware.
The Sections entitled “Ownership,” “Restrictions,” “Disclaimer of Warranties; Limitation of Liability and Damages,” “Term and Termination,” “Severability,” “Injunction; Equitable Remedies,” “Indemnity,” and “Choice of Law and Jurisdiction” shall survive any termination of this License.
Severability
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Injunction; Equitable Remedies
You agree that if the terms of this Agreement are not specifically enforced, Blind Squirrel Entertainment, Inc. will be irreparably damaged, and therefore you agree that Blind Squirrel Entertainment, Inc. shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect any of this Agreement, including temporary and permanent injunctive relief, in addition to any other available remedies under the applicable law.
Indemnity
You agree to indemnify, defend and hold harmless Blind Squirrel Entertainment, Inc., its partners, affiliates, contractors, licensors, officers, directors, employees and agents from all claims, damages, costs and expenses, including attorneys’ fees, arising directly or indirectly from your acts or omissions in connection with using the Game or any breach by you of the terms of this Agreement.
Choice of Law and Jurisdiction
This Agreement is governed by and interpreted in accordance with the laws of the State of California, excluding that body of law related to conflicts of laws, and of the United States of America. Any proceeding brought to enforce this agreement or to adjudicate any dispute related to this agreement must be heard in the courts of Orange County, California or the Central District of California. Each party submits itself to the exclusive jurisdiction and venue of these courts for
purposes of proceedings related to this agreement, waives forum non conveniens and similar
defenses.
Amendments to this Agreement
Blind Squirrel Entertainment, Inc. reserves the right, at its sole discretion, to modify or replace this Agreement at any time, and will post any revisions on Steam. Your download, installation, or use of any updates or modifications to the Game, or your continued use of the Game following any revisions to this Agreement will indicate your acceptance of any and all such revisions to the terms of this Agreement.
Contact Information
If you have any questions about this Agreement, you may contact Blind Squirrel Entertainment, Inc. at 1251 E Dyer Rd, Suite 200, Santa Ana, CA 92705.