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END USER LICENSE AGREEMENT
PLEASE READ THIS END USER LICENSE AGREEMENT CAREFULLY (“AGREEMENT”) BEFORE INSTALLING GRAVITON. BY “GRAVITON” WE MEAN THE GAME GRAVITON AND ALL RELATED MATERIALS, (INCLUDING BUT NOT LIMITED TO ANY AND ALL COMPUTER CODE, OBJECTS, CHARACTERS, TEXT, STORIES, DIALOGUE, ARTWORK, GRAPHICS, ANIMATION, SOUNDS, AND MUSICAL COMPOSITIONS).
BY DOWNLOADING, INSTALLING, PLAYING, COPYING, AND/OR OTHERWISE USING GRAVITON, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT WITH RICHTER GAMES LLC (“RG,” “WE,” “US,” OR “OUR”).
MAKE SURE YOU PAY PARTICULAR ATTENTION TO THE THINGS IN ALLCAPS. THEY ARE IMPORTANT BECAUSE WE DICLAIM ALL WARRANTIES, LIMIT OUR LIABILITY, REQUIRE YOU TO USE ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES BETWEEN YOU AND US, AND REQUIRE THAT YOU WAIVE THE RIGHT TO BRING A CLASS ACTION AGAINST US.
RG grants to you a nonexclusive, non-transferable, limited, and revocable license to use one copy of Graviton for your own personal, non-commercial use on a single gaming platform. This is a license, not a sale, meaning you do not own your copy of Graviton, and do not have any rights in or to Graviton other than the license we just granted to you. You acknowledge RG owns all rights, title and interest in and to Graviton, including all copyright and trademark rights. You may not use Graviton in any way that is inconsistent with this license or RG’s ownership of Graviton. If you do anything inconsistent with this license or our ownership of Graviton, or otherwise breach this Agreement, you agree that we will, among other things, be irreparably harmed, and should be entitled to an injunction or other equitable relief.
You agree not to: (a) copy or create any derivative works based on Graviton; (b) modify, disassemble, decompile, extract source code from, or reverse engineer Graviton; (c) distribute, sell, or otherwise exploit Graviton commercially; or (d) remove, disable or circumvent any security protections or any technical measures that control access to Graviton.
GRAVITON IS PROVIDED “AS IS,” WITHOUT ANY WARRANTIES, REPRESENTATIONS OR PROMISES OF ANY KIND, EITHER EXPRESS OR IMPLIED. IN NO EVENT SHALL RG BE LIABLE FOR ANY LOSSES OR DAMAGES YOU INCUR THAT RELATE IN ANY WAY TO GRAVITON, INCLUDING ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES RESULTING IN ANY WAY FROM YOUR USE OR INABILITY TO USE GRAVITON OR RELATING IN ANY OTHER WAY TO GRAVITON, EVEN IF RG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. IF WE ARE NOT ABLE TO ENFORCE THIS PARAGRAPH FOR ANY REASON, THEN YOU AGREE OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED WHAT YOU PAID FOR GRAVITON (WHICH WE THINK IS A PRETTY GOOD DEAL).
The laws of the State of California (excluding California’s conflict of laws rules) will apply to any dispute arising out of or relating to this Agreement. If you have any dispute with RG, you agree to resolve the dispute through binding arbitration in San Francisco County, California. Notwithstanding the foregoing, you and RG have the right to seek injunctive or other equitable relief from the federal and state courts located in San Francisco County, California. You and RG each consent to personal jurisdiction in the federal and state courts located in San Francisco County, California for any such actions.
YOU AND RG AGREE TO WAIVE THE RIGHT TO BRING OR OTHERWISE PARTICIPATE IN A CLASS ARBITRATION, CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING (COLLECTIVELY “REPRESENTATIVE PROCEEDING”). THIS MEANS, AMONG OTHER THINGS, THAT YOU AND RG AGREE THAT ANY AND ALL CLAIMS AND DISPUTES MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY, AND NOT AS A CLASS ACTION PLAINTIFF, CLASS ACTION REPRESENTATIVE, CLASS MEMBER, OR PRIVATE ATTORNEY GENERAL IN ANY REPRESENTATIVE PROCEEDING. YOU AGREE THAT YOU HAVE KNOWINGLY AND EXPRESSLY WAIVED SUCH RIGHTS.
This Agreement contains the entire agreement between you and RG concerning Graviton, and it supersedes any all prior agreements in their entirety. If it turns out that any term is not enforceable, this will not affect any other terms. If you do not comply with these Terms, and RG doesn’t take action right away, this doesn’t mean that RG is waiving or giving up any rights that it may have (including taking action in the future). RG may transfer and assign its rights and obligations under these Terms without restriction.
PLEASE READ THIS END USER LICENSE AGREEMENT CAREFULLY (“AGREEMENT”) BEFORE INSTALLING GRAVITON. BY “GRAVITON” WE MEAN THE GAME GRAVITON AND ALL RELATED MATERIALS, (INCLUDING BUT NOT LIMITED TO ANY AND ALL COMPUTER CODE, OBJECTS, CHARACTERS, TEXT, STORIES, DIALOGUE, ARTWORK, GRAPHICS, ANIMATION, SOUNDS, AND MUSICAL COMPOSITIONS).
BY DOWNLOADING, INSTALLING, PLAYING, COPYING, AND/OR OTHERWISE USING GRAVITON, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT WITH RICHTER GAMES LLC (“RG,” “WE,” “US,” OR “OUR”).
MAKE SURE YOU PAY PARTICULAR ATTENTION TO THE THINGS IN ALLCAPS. THEY ARE IMPORTANT BECAUSE WE DICLAIM ALL WARRANTIES, LIMIT OUR LIABILITY, REQUIRE YOU TO USE ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES BETWEEN YOU AND US, AND REQUIRE THAT YOU WAIVE THE RIGHT TO BRING A CLASS ACTION AGAINST US.
RG grants to you a nonexclusive, non-transferable, limited, and revocable license to use one copy of Graviton for your own personal, non-commercial use on a single gaming platform. This is a license, not a sale, meaning you do not own your copy of Graviton, and do not have any rights in or to Graviton other than the license we just granted to you. You acknowledge RG owns all rights, title and interest in and to Graviton, including all copyright and trademark rights. You may not use Graviton in any way that is inconsistent with this license or RG’s ownership of Graviton. If you do anything inconsistent with this license or our ownership of Graviton, or otherwise breach this Agreement, you agree that we will, among other things, be irreparably harmed, and should be entitled to an injunction or other equitable relief.
You agree not to: (a) copy or create any derivative works based on Graviton; (b) modify, disassemble, decompile, extract source code from, or reverse engineer Graviton; (c) distribute, sell, or otherwise exploit Graviton commercially; or (d) remove, disable or circumvent any security protections or any technical measures that control access to Graviton.
GRAVITON IS PROVIDED “AS IS,” WITHOUT ANY WARRANTIES, REPRESENTATIONS OR PROMISES OF ANY KIND, EITHER EXPRESS OR IMPLIED. IN NO EVENT SHALL RG BE LIABLE FOR ANY LOSSES OR DAMAGES YOU INCUR THAT RELATE IN ANY WAY TO GRAVITON, INCLUDING ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES RESULTING IN ANY WAY FROM YOUR USE OR INABILITY TO USE GRAVITON OR RELATING IN ANY OTHER WAY TO GRAVITON, EVEN IF RG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. IF WE ARE NOT ABLE TO ENFORCE THIS PARAGRAPH FOR ANY REASON, THEN YOU AGREE OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED WHAT YOU PAID FOR GRAVITON (WHICH WE THINK IS A PRETTY GOOD DEAL).
The laws of the State of California (excluding California’s conflict of laws rules) will apply to any dispute arising out of or relating to this Agreement. If you have any dispute with RG, you agree to resolve the dispute through binding arbitration in San Francisco County, California. Notwithstanding the foregoing, you and RG have the right to seek injunctive or other equitable relief from the federal and state courts located in San Francisco County, California. You and RG each consent to personal jurisdiction in the federal and state courts located in San Francisco County, California for any such actions.
YOU AND RG AGREE TO WAIVE THE RIGHT TO BRING OR OTHERWISE PARTICIPATE IN A CLASS ARBITRATION, CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING (COLLECTIVELY “REPRESENTATIVE PROCEEDING”). THIS MEANS, AMONG OTHER THINGS, THAT YOU AND RG AGREE THAT ANY AND ALL CLAIMS AND DISPUTES MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY, AND NOT AS A CLASS ACTION PLAINTIFF, CLASS ACTION REPRESENTATIVE, CLASS MEMBER, OR PRIVATE ATTORNEY GENERAL IN ANY REPRESENTATIVE PROCEEDING. YOU AGREE THAT YOU HAVE KNOWINGLY AND EXPRESSLY WAIVED SUCH RIGHTS.
This Agreement contains the entire agreement between you and RG concerning Graviton, and it supersedes any all prior agreements in their entirety. If it turns out that any term is not enforceable, this will not affect any other terms. If you do not comply with these Terms, and RG doesn’t take action right away, this doesn’t mean that RG is waiving or giving up any rights that it may have (including taking action in the future). RG may transfer and assign its rights and obligations under these Terms without restriction.