Skulls of the Shogun
E U L A
[END USER LICENSE AGREEMENT]
v. 1 18 June 2013

17-BIT, Inc., would like to thank you for getting Skulls of the Shogun. We hope you enjoy the experience. But before you get started, we need to make a few things clear. When you paid for Skulls of the Shogun you did not actually buy the game. What you bought was a license to use the software that comprises the game and its related materials. And that license is subject to the terms of this EULA. This EULA is a binding contract between you and 17-BIT and its licensors, licensees and suppliers.

We know you want to get the game installed and start playing it. But, please take the time to read through this agreement first because BY INSTALLING SKULLS OF THE SHOGUN YOU ARE ACKNOWLEDGING THAT YOU HAVE READ THIS EULA, AGREED TO ITS TERMS, AND AGREED TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS, PROMPTLY DISCONTINUE THE INSTALLATION PROCESS AND CEASE ANY AND ALL USE OF THIS SOFTWARE.

1. Limited Use License

Skulls of the Shogun software and any files that are provided with it by digital distribution or on tangible media, as well as any printed materials, patches or updates, (collectively referred to as “Skulls”) contains copyrighted material, trade secrets and other proprietary material of 17-BIT and its licensors, licensees and suppliers. Skulls is licensed to you for your use. This license is a non-exclusive limited license to install and use Skulls for yourself, including use over the internet or on a LAN. Your continuing license to use Skulls is conditioned on your compliance with this EULA. If you violate any of the terms of this EULA, all of your rights to use Skulls will immediately end, without any further notification from 17-BIT or anyone else. Once your license is terminated, you will be obliged to immediately uninstall Skulls and all of its components.

2. Permitted User Created Content

You can use Skulls to create new content derived from or based on the characters, scenarios, environments, back story or other content of Skulls. Posting game play videos, making machinima, comics, desktop backgrounds and anything else based on Skulls is great. However, any new creations or materials that you and other users make from Skulls, (referred to as “Skulls User Content”) are subject to the following restrictions:

$ Skulls User Content must not contain any sexually explicit, harmful, threatening, abusive, defamatory, obscene, hateful, racially or ethnically offensive imagery or libelous, defamatory, or other illegal material, material that is scandalous or invades the rights of privacy or publicity of any third party.

$ Skulls User Content must not contain, or be used in conjunction with, any trademarks, copyright protected work, or other recognizable property of any third parties without their written authorization.

$ Skulls User Content must not be used by you, or anyone else, for any commercial purposes including, but not limited to advertising, other advertising or marketing for any company, product or service.

$ Skulls User Content must be distributed for free, period. Neither you, nor any other person or party, may sell them to anyone, commercially exploit them in any way, or charge anyone for receiving or using them without prior written consent from 17-BIT. You may exchange them at no charge among other end users and distribute them to others over the Internet, or otherwise, but only for free.

$ The prohibitions and restrictions in this section apply to anyone in possession of Skulls or any Skulls User Content.

17-BIT wholeheartedly supports the creative uses of gameplay videos and other user created content based on or derived from Skulls. But we need to retain all of our ownership rights in Skulls and any works derived from Skulls. As “derivative” works under copyright law, all Skulls User Content is intellectual property owned by 17-BIT. That's just the way it is. So, go make some more cool stuff. But remember that you do not gain any ownership whatsoever in any Skulls content, or Skulls User Content, nor can you use any Skulls content, or Skulls User Content, outside of the scope of the rights granted here.

3. Commercial Exploitation.

You may not use Skulls, any of Skulls User Content, or any other content created for or from Skulls, for any commercial purposes without the prior written consent of 17-BIT or its authorized licensees. If you are the proprietor of an Internet café or gaming room, you may not operate the Skulls in a “pay for play” environment unless each computer used has a validly licensed Skulls installed, such Skulls having been properly purchased through one of our licensees, and have a valid Rental Site License issued directly to You by 17-BIT or its authorized representative for each such location. You may not, without prior written consent from 17-BIT, operate the Skulls in any gaming contest where (a) the cash value of all winnings and prizes paid throughout the entire competition is equal to or greater than US$10,000.00 or to which any company has provided, whether donated or as sponsorship any prizes, products or services worth with a fair market value of over US$20,000.00 and uses the “Skulls of the Shogun” name or any other related trademarks or copyrighted materials from Skulls in the name of the event, or any individual contest.

4. Restrictions on Use

Just to make sure you understand what you can and cannot do with Skulls, here is a list of restrictions to your use of Skulls under this EULA:

$ You may not decompile, modify, reverse engineer, publicly display, prepare derivative works based on Skulls, disassemble or otherwise reproduce Skulls.

$ Except as set forth herein, you may not rent, sell, lease, barter, sublicense or distribute Skulls. You may not delete the copyright notices or any other proprietary legends in Skulls.

$ You may not offer Skulls on a pay per play basis or otherwise commercially exploit Skulls or use Skulls for any commercial purpose except as described in this agreement.

$ You may not electronically transmit Skulls from one computer to another or over a network except as described in this agreement.

5. Export Controls

You may not ship or export Skulls to any country other than where you bought it, in violation of the U.S. Export Administration Act (or any other law governing such matters), and you will not utilize and will not authorize anyone to utilize Skulls in violation of any applicable law. Skulls may not be downloaded or otherwise exported into (or to a national or resident of) any country to which the U.S. has embargoed goods or to anyone or into any country who/which are prohibited by applicable law, from receiving it.

6. No Cheating, Server Hacking or Griefing

Skulls was made for gamers by gamers. We hate cheaters and will not tolerate anyone cheating in Skulls. We do not tolerate any of members of our player community intentionally ruining the game experience for any of our other users either. It’s as simple as that. So, anyone hacking game servers or using or publicizing any server or network security holes will be subject to the same actions.

If you are cheating in any way, including any attempt by you, either directly or indirectly, to circumvent or bypass any element of the Skulls, or any network or Skulls servers, to gain any advantage in multiplayer play of the Skulls or any Skulls Content or to diminish the quality of the game experience for any other players, you are in breach of this EULA. For example, it is a breach of this EULA for you, whether directly or indirectly, to create, develop, copy, reproduce, distribute, or use of any software program or any modification to Skulls or any Skulls Content ("Cheats") that enable a player to gain an advantage or otherwise exploit another player when playing against other players on a local area network, any other network, or on the Internet. Hacking into the executable of Skulls or any Skulls Content or any other use of the Skulls or any Skulls Content in connection with the creation, development, or use of any such unauthorized Cheats is prohibited under this EULA.

It is also a breach of this EULA if you intentionally do anything that ruins or denigrates the gameplay experience of other Skulls players either directly or by any interference with any game servers or networks, or interferes or inhibits anyone else’s access to a game or game server. This incudes, but is not limited to, everything from ping bombing to exploiting any known or unknown issues with the servers or net code. It also includes personal attacks on other players with abusive language or the repeated use in communication with other players what is generally referred to as “hate” language. Simply put, your license to the continued use of Skulls is not a right, it is a privilege that we grant and that we have the absolute right to terminate at our sole discretion.

If we find you are a Cheater or that you are doing anything to ruin the game for your fellow players, we will revoke your CD key, ban you from Skulls, and tell your mom! Your license will automatically terminate, without notice, and you will have no right to play Skulls, alone or against other players, or make any other use of Skulls. End of story.

7. Copyright.

Skulls and all copyrights, trademarks and all other conceivable intellectual property rights related to the Skulls are owned by 17-BIT, Inc., or its licensors or suppliers and are protected by United States copyright and trademark laws, international treaty provisions and all applicable laws, such as the Lanham Act. Skulls must be treated like any other copyrighted material, as required by 17 U.S.C. §101 et seq. and other applicable law. Please do not make unauthorized copies. Skulls was created through the efforts of many people who earn their livelihood from its lawful use. Please don’t make copies for others who have not paid for the right to use it. To report copyright violations to the Software Publishers Association, call 1-800-388-PIR8 or write: Software Publishers Association, 1101 Connecticut Ave., Suite 901, Washington, D.C. 20036.

9. Disclaimer of Warranty

You are aware and agree that use of Skulls and the media on which it is recorded, if any, is at your sole risk. Skulls is provided “AS IS.” 17-BIT EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR ANY OF OUR AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you.

10. Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING WILLFUL ACTS OR NEGLIGENCE, SHALL 17-BIT OR ANY OF ITS OFFICERS, EMPLOYEES, DIRECTORS, AGENTS, LICENSORS, LICENSEES, SUBLICENSEE, SUPPLIERS OR ASSIGNS BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SOFTWARE OR RELATED DOCUMENTATION, EVEN IF SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. THERE WILL BE NO LIABILITY FOR ANY PERSONAL INJURY, EVEN SELF INFLICTED INJURY, OR FOR ANY INTENTIONAL TORT COMMITTED BY YOU OR ANY OTHER PERSON WHO PLAYS OR OBSERVES SOMEONE ELSE PLAYING SKULLS. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU FOR SKULLS. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so the above limitation or exclusion may not apply to you.

11. Controlling Law and Severability.

This license is governed by and construed in accordance with the laws of the State of Washington, USA. Exclusive venue for all litigation shall be in Seattle, King County, Washington. If any provision of this EULA is determined to be unenforceable by a court or other tribunal of competent jurisdiction, such provision will be enforced to the maximum extent permissible and the remaining portions of this EULA will remain in full force and effect.

12. Complete Agreement.

This EULA constitutes the entire agreement between the parties with respect to the use of Skulls and other related materials and software. 17-BIT reserves the right to modify the terms of this EULA from time to time and will post notice of material changes somewhere within www.17-bit.com.

13. Acceptance of Terms

By selecting the “I Agree” choice during the install and installing Skulls, you agree to all of the terms of this EULA. That's right, all of it. Now get on with the installation and enjoy Skulls...we hope you enjoy playing Skulls as much as we enjoyed making it for you.

GL & HF!