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MOUNT YOUR FRIENDS 3D: A HARD MAN IS GOOD TO CLIMB
END USER LICENSE AGREEMENT
IMPORTANT NOTICE:
BY CLICKING ON THE ‘I AGREE’ BUTTON OR BY DOWNLOADING, INSTALLING OR OTHERWISE USING MOUNT YOUR FRIENDS 3D: A HARD MAN IS GOOD TO CLIMB (“MOUNT YOUR FRIENDS 3D”) YOU AGREE TO BE BOUND BY THE PROVISIONS OF THIS END USER LICENSE AGREEMENT (“EULA”). IF YOU DO NOT AGREE TO BE BOUND BY THIS EULA, DO NOT CLICK THE ‘I AGREE’ BUTTON AND DO NOT DOWNLOAD, INSTALL OR OTHERWISE USE MOUNT YOUR FRIENDS 3D FOR ANY PURPOSE. YOU AGREE AND ACKNOWLEDGE THAT THIS EULA WILL ALSO APPLY TO ANY MOUNT YOUR FRIENDS 3D: (A) UPDATES (DEFINED BELOW); AND (B) DOWNLOADABLE CONTENT; THAT STEGERSAURUS HAS OR MAY MAKE AVAILABLE THAT YOU SEPARATELY DOWNLOAD, INSTALL OR USE.
This EULA is between Stegersaurus Software Inc.. (“Stegersaurus”) and you (“you”, “your”), the individual downloading, installing, accessing, viewing, playing or otherwise using (collectively “using” or “use”) Mount Your Friends 3D. You can only agree to this EULA if you are an adult. Acceptance of this EULA by a minor will be deemed to be made with the agreement of his or her parent(s) or legal guardian.
1. Mount Your Friends 3D License Grant: In accordance with the provisions hereof, Stegersaurus hereby grants to you a limited, personal, non-exclusive, revocable, non-transferable, non-sublicensable single-play, license to download and install Mount Your Friends 3D on your PC and/or Mac computer(s). For certainty, you may install Mount Your Friends 3D on any number of PCs/or Mac computers but you may only run and play one of those copies on one computer at a time.
2. Mount Your Friends 3D Ownership: Mount Your Friends 3D is licensed to you – NOT SOLD. You agree and acknowledge that all right, title and interest in and to Mount Your Friends 3D and its components (in particular the title, computer codes, themes, characters, character names, plots, stories, game-play, dialogues, places, concepts, images, photographs, animation, videos, music, voice, narration and text contained in Mount Your Friends 3D), and all copies thereof, including all copyright, patent, trade-mark, trade secret and all other intellectual property rights and interests therein, are and will remain the sole and exclusive property of Stegersaurus. Nothing herein conveys to you any right, title or interest in or to any aspect or component of Mount Your Friends 3D (or its underlying intellectual property) other than the limited license contained in section 1 (above).
3. User Generated Content: Mount Your Friends 3D permits its users to take, use, type, include, upload, download and share user-generated content including images, customized players, customized team definitions and costumes and text-based, in-game chat with other users (“UGC”). You represent and warrant that you will not use, include, upload, type or share UGC that: (a) is abusive, vulgar, obscene, sexually explicit, offensive, indecent, profane, hateful, defamatory, threatening, harassing, bigoted, sexist, racist or used/shared/included contrary to any law; (b) contains malware of any kind; or (c) infringes the intellectual property or other rights of any third person. You grant Stegersaurus and other Mount Your Friends 3D users a license: (d) to use your shared UGC within the game; (e) to upload and share screenshots and video captures of Mount Your Friends 3D game play including your UGC to online bulletin boards, community sites, game review sites, video sharing sites and the like; and (f) for Stegersaurus to use such screen-shots and video captures for promotional purposes. You represent and warrant that you will not use any other user’s UGC for any purpose other than its intended use within Mount Your Friends 3D and as described in subsection 3(e) above.
4. Online Play Restrictions: You agree to use the online, multiuser play functionality of Mount Your Friends 3D lawfully, responsibly and in a way that will increase the enjoyment of all users. Without limiting the generality of the foregoing when playing Mount Your Friends 3D online, you may not alone or with others: (a) cheat or use any tool, device, mechanism or software to cheat or attempt to cheat; (b) bully, stalk, threaten, harass or defame other users; (c) be abusive, vulgar, obscene, sexually explicit, indecent, profane, hateful, bigoted, sexist or racist; (d) advertise, promote, market, sell or solicit orders for products and services; (e) promote illegal activities; (f) harvest, mine, copy, distribute or otherwise collect or use information about other users; (g) hack, modify, attempt to gain access to or tamper with any part of Mount Your Friends 3D, Steam, Stegersaurus’ online play service or the PCs or Macs of other players; or (h) otherwise engage in activity that is inappropriate, objectionable, unlawful, harmful to or adversely affecting Stegersaurus, Mount Your Friends 3D players or their PCs/Macs hardware or software or Stegersaurus’/Steam’s (or their supplier’s) online servers/services. You agree to comply with any and all online/multiuser rules promulgated by Stegersaurus or Stegersaurus’ Mount Your Friends 3D third party service providers/hosts from time to time. You agree and acknowledge that Stegersaurus or Steam may, without prior notice, block your online play or terminate this EULA if you breach any provision contained in this section 4.
5. Other Restrictions: You may not, nor may you allow any third party to: (a) copy, modify, adapt, translate or otherwise create derivative works of any part of Mount Your Friends 3D; (b) use Mount Your Friends 3D contrary to the applicable law in your jurisdiction; (c) commercially use or exploit Mount Your Friends 3D; (d) reverse engineer, de-compile, disassemble or otherwise attempt to discover the source code of Mount Your Friends 3D; or (e) distribute, rent, lease, sell, resell, loan, assign or otherwise transfer rights in or to Mount Your Friends 3D.
6. Mount Your Friends 3D Changes/Limitations: Stegersaurus or Steam may, from time to time without prior notice for any reason or no reason, either temporarily or permanently: (a) limit, deny or cancel some or all of the functionality of Mount Your Friends 3D or Mount Your Friends 3D online play functionality; (b) limit, deny, change or cancel some or all of Mount Your Friends 3D levels, credits, scores, leaderboards, leaderboard status, characters, character skills/attributes, leveled-up states, play modes, cosmetics for stickers, face parts, body paint, skins, trails or any other game functionality, achievements or levels; (c) reset your game history, scores, status, levels or achievements; (d) shut down Mount Your Friends 3D online play or switch online play from being provided via a peer-to-peer to a dedicated server or other multiuser game play model; (e) enable/permit cross-platform play with platform specific modifications made that are designed to make cross-platform play fairer – such as providing differing platform input models (such as aim assist) or constraints (lowering accuracy or speed reductions on more powerful platforms) with no user ability to adjust or change those game assists/constraints; or (f) grant different access rights, service levels, functions, game play modes, characters, skills, unlockable or downloadable content etc., to different users.
7. Your Competency to Enter into this EULA: You also represent and warrant that you are fully able and competent to enter into, abide and comply with the terms, conditions, obligations, affirmations, representations, and warranties set forth in this EULA. In addition, you represent and warrant that you (a) are more than 18 years of age; (b) are an emancipated minor, or (c) possess parental or legal guardian consent.
8. No Maintenance & Support: Stegersaurus’ willingness to provide Mount Your Friends 3D hereunder is predicated upon your agreement that Mount Your Friends 3D is provided as-is. Stegersaurus will not be obligated to provide any maintenance, support, updates, upgrades, fixes, security fixes, patches, enhancements, modifications and the like (“Updates”) to/for Mount Your Friends 3D. However, if Stegersaurus does provide Updates, your right to continue to use Mount Your Friends 3D, whether offline or online, is or may be conditional on your accepting/installing/applying such Updates as and when made available.
9. Termination: You may terminate this EULA by ceasing to use Mount Your Friends 3D. Stegersaurus may terminate this EULA and your right to use Mount Your Friends 3D on your breach of this EULA.
10. Events Upon Termination and Expiration: Upon the termination or expiration of this EULA for any reason, without prejudice to any other rights which Stegersaurus may have, you shall: (a) immediately cease using Mount Your Friends 3D for any purpose whatsoever; and (b) erase and destroy, all copies, including backup copies, of Mount Your Friends 3D and all associated documentation from any device, computer system, records system or files or storage media in your control or possession.
11. Equitable Relief: You agree that Stegersaurus shall be entitled to equitable relief, including such injunction or injunctions as may be required to prevent any breach, infringement or further breach or infringement of: (a) any intellectual property/confidentiality provision herein; or (b) Stegersaurus’ intellectual property rights in Mount Your Friends 3D; and that Stegersaurus may specifically enforce such provisions or protect such rights by an action instituted in any court having jurisdiction. You acknowledge that Mount Your Friends 3D has a special and unique character, giving it particular value, the loss of which cannot be reasonably or adequately compensated for in damages. You covenant and agree not to contest the availability to Stegersaurus of such injunctive relief on any grounds.
12. Indemnity: You shall indemnify and hold harmless Stegersaurus and its directors, officers, and employees from and against all taxes, losses, damages, liabilities, costs and expenses, including lawyer’s fees and other legal expenses, arising directly or indirectly from: (a) the untruth of any representation and warranty made by you herein; (b) the use or misuse by other players of your UGC including screen shots or video captures of your Mount Your Friends 3D game play; and (b) any breach by you of any of the provisions contained in this EULA.
13. NO WARRANTY: MOUNT YOUR FRIENDS 3D IS PROVIDED “AS-IS” WITHOUT WARRANTY OF ANY KIND. YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT MOUNT YOUR FRIENDS 3D IS BEING PROVIDED WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS WHETHER EXPRESS, IMPLIED, STATUTORY, ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE OR OTHERWISE INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS OR ADEQUACY FOR ANY PARTICULAR PURPOSE OR USE, NONINFRINGEMENT, QUALITY, PRODUCTIVENESS, CAPACITY, OR THAT THE OPERATION OF ANY PART OF MOUNT YOUR FRIENDS 3D WILL BE ERROR-FREE. STEGERSAURUS DOES NOT WARRANT THAT MOUNT YOUR FRIENDS 3D IS FREE FROM BUGS, ERRORS OR OMISSIONS AND EXPRESSLY ADVISES YOU THAT THE SOFTWARE MAY CONTAIN BUGS, ERRORS AND OMISSIONS. YOU UNDERSTAND AND HERBY ASSUME THE RISK THAT THE DEVICE/COMPUTER ON WHICH MOUNT YOUR FRIENDS 3D IS INSTALLED MAY NOT, AS A RESULT, FUNCTION PROPERLY, EVEN WHEN MOUNT YOUR FRIENDS 3D IS REMOVED FROM THE DEVICE/COMPUTER. NO ORAL OR WRITTEN INFORMATION (INCLUDING MARKETING MATERIALS, VIDEOS AND WEBSITES) OR ADVICE GIVEN BY STEGERSAURUS, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, LICENSING, SUPPLY OR DELIVERY OF MOUNT YOUR FRIENDS 3D SHALL CREATE A REPRESENTATION, CONDITION OR WARRANTY AND YOU MAY RELY ON SUCH INFORMATION OR ADVICE.
14. LIMITED LIABILITY: STEGERSAURUS SHALL NOT IN ANY CIRCUMSTANCE BE LIABLE TO YOU, OR ANY OTHER PERSON CLAIMING THROUGH YOU INCLUDING BENEFICIARY PARTIES, FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES OR EXPENSES OF ANY TYPE, INCLUDING ANY LOSS OF IN GAME ACHIEVEMENTS, PROFITS, SAVINGS, BUSINESS, DATA, EQUIPMENT, REVENUE, ANTICIPATED BENEFITS ARISING OUT OF THE USE OR INABILITY TO USE MOUNT YOUR FRIENDS 3D, COSTS OF OVERHEAD, LOSS FROM ANY COMPLETE OR PARTIAL DEVICE, COMPUTER, NETWORK OR WORK STOPPAGE OR OTHER SIMILAR DAMAGES, WHETHER SUCH DAMAGES OR EXPENSES ARISE OUT OF CONTRACT (INCLUDING FUNDAMENTAL BREACH) OR TORT (INCLUDING NEGLIGENCE) EVEN IF ANY OF THE PARTIES HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
15. Waiver: No waiver of any provision of this EULA shall be binding unless it is in writing. No indulgence or forbearance by a party shall constitute a waiver of such party’s right to insist on performance in full and in a timely manner of all covenants in this EULA. Waiver of any provision shall not be deemed to waive the same provision thereafter or any other provision of this EULA at any time.
16. Entire Agreement: This EULA constitutes the entire agreement among the parties pertaining to all the matters herein and supersedes all prior agreements, understandings, negotiations and discussions in respect thereof between the parties, whether oral or written, express or implied.
17. Amendment: This EULA may be amended by Stegersaurus at any time. Stegersaurus may notify you of this change by: (a) posting an updated version of it on its website and/or the service where you obtained Mount Your Friends 3D; or (b) by any other reasonable means. This EULA shall terminate and the updated version shall go into force the moment Stegersaurus does any of the foregoing.
18. Severability: If any provision or part of any provision contained in this EULA is found by a court of competent jurisdiction to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions or portions thereof, shall not be in any way affected or impaired thereby.
19. Enurement and Binding Effect: This EULA shall enure to the benefit of and be binding upon the parties hereto and their respective successors and permitted assigns.
20. Governing Law and Venue: This EULA shall be governed by the laws of the Ontario and the federal laws of the Canada applicable therein without reference to conflict of laws principles. You agree to submit to the non-exclusive jurisdiction of the courts of the Province of Ontario and the federal courts of Canada located in Toronto. Despite the foregoing, nothing herein will prevent or restrict Stegersaurus from applying for or seeking a temporary restraining order, a preliminary injunction, permanent injunction or any other injunctive or equitable relief in any jurisdiction anywhere in the world to enforce, preserve or protect its rights hereunder.
21. Remedies Cumulative: Except as otherwise explicitly provided herein, a party’s respective rights and remedies hereunder are cumulative and are in addition to and not in substitution for any other rights or remedies provided hereunder or otherwise at law or in equity and any such rights or remedies may be exercised by the parties from time to time concurrently or independently and as often and in such order as the parties may deem expedient in their sole and absolute discretion.
22. Assignment: You may not assign, delegate or otherwise transfer any of its rights or obligations under this EULA without the prior written consent of Stegersaurus. Stegersaurus may assign, delegate or otherwise transfer any of its rights or obligations under this EULA without your prior consent.
23. Interpretation: In this EULA: (a) all capitalized derivative forms of defined terms and phrases in this EULA have meanings that correspond to the defined terms and phrases; (b) the words “include”, “includes” or “including” mean “include without limitation”, “includes without limitation”; and “including without limitation” respectively; (c) the division of this EULA into separate sections, subsections and schedules, the Agreement's title and the insertion of headings is for convenience of reference only and shall not affect the construction or interpretation of this EULA; and (d) words or abbreviations which have well known or trade meanings are used herein in accordance with their recognized meanings.
24. Contra Proferentem: You agree that any rule of construction to the effect that any ambiguity is to be resolved against the drafting party will not be applicable in the interpretation of the Agreement.
25. Survival: Section 2 (Mount Your Friends 3D Ownership), 3 (User Generated Content), 5 (Other Restrictions) and sections 9 through to this to section 25 will survive the termination or expiration of this EULA for any reason forever.
Mount Your Friends 3D EULA ver Jan 28, 2018
END USER LICENSE AGREEMENT
IMPORTANT NOTICE:
BY CLICKING ON THE ‘I AGREE’ BUTTON OR BY DOWNLOADING, INSTALLING OR OTHERWISE USING MOUNT YOUR FRIENDS 3D: A HARD MAN IS GOOD TO CLIMB (“MOUNT YOUR FRIENDS 3D”) YOU AGREE TO BE BOUND BY THE PROVISIONS OF THIS END USER LICENSE AGREEMENT (“EULA”). IF YOU DO NOT AGREE TO BE BOUND BY THIS EULA, DO NOT CLICK THE ‘I AGREE’ BUTTON AND DO NOT DOWNLOAD, INSTALL OR OTHERWISE USE MOUNT YOUR FRIENDS 3D FOR ANY PURPOSE. YOU AGREE AND ACKNOWLEDGE THAT THIS EULA WILL ALSO APPLY TO ANY MOUNT YOUR FRIENDS 3D: (A) UPDATES (DEFINED BELOW); AND (B) DOWNLOADABLE CONTENT; THAT STEGERSAURUS HAS OR MAY MAKE AVAILABLE THAT YOU SEPARATELY DOWNLOAD, INSTALL OR USE.
This EULA is between Stegersaurus Software Inc.. (“Stegersaurus”) and you (“you”, “your”), the individual downloading, installing, accessing, viewing, playing or otherwise using (collectively “using” or “use”) Mount Your Friends 3D. You can only agree to this EULA if you are an adult. Acceptance of this EULA by a minor will be deemed to be made with the agreement of his or her parent(s) or legal guardian.
1. Mount Your Friends 3D License Grant: In accordance with the provisions hereof, Stegersaurus hereby grants to you a limited, personal, non-exclusive, revocable, non-transferable, non-sublicensable single-play, license to download and install Mount Your Friends 3D on your PC and/or Mac computer(s). For certainty, you may install Mount Your Friends 3D on any number of PCs/or Mac computers but you may only run and play one of those copies on one computer at a time.
2. Mount Your Friends 3D Ownership: Mount Your Friends 3D is licensed to you – NOT SOLD. You agree and acknowledge that all right, title and interest in and to Mount Your Friends 3D and its components (in particular the title, computer codes, themes, characters, character names, plots, stories, game-play, dialogues, places, concepts, images, photographs, animation, videos, music, voice, narration and text contained in Mount Your Friends 3D), and all copies thereof, including all copyright, patent, trade-mark, trade secret and all other intellectual property rights and interests therein, are and will remain the sole and exclusive property of Stegersaurus. Nothing herein conveys to you any right, title or interest in or to any aspect or component of Mount Your Friends 3D (or its underlying intellectual property) other than the limited license contained in section 1 (above).
3. User Generated Content: Mount Your Friends 3D permits its users to take, use, type, include, upload, download and share user-generated content including images, customized players, customized team definitions and costumes and text-based, in-game chat with other users (“UGC”). You represent and warrant that you will not use, include, upload, type or share UGC that: (a) is abusive, vulgar, obscene, sexually explicit, offensive, indecent, profane, hateful, defamatory, threatening, harassing, bigoted, sexist, racist or used/shared/included contrary to any law; (b) contains malware of any kind; or (c) infringes the intellectual property or other rights of any third person. You grant Stegersaurus and other Mount Your Friends 3D users a license: (d) to use your shared UGC within the game; (e) to upload and share screenshots and video captures of Mount Your Friends 3D game play including your UGC to online bulletin boards, community sites, game review sites, video sharing sites and the like; and (f) for Stegersaurus to use such screen-shots and video captures for promotional purposes. You represent and warrant that you will not use any other user’s UGC for any purpose other than its intended use within Mount Your Friends 3D and as described in subsection 3(e) above.
4. Online Play Restrictions: You agree to use the online, multiuser play functionality of Mount Your Friends 3D lawfully, responsibly and in a way that will increase the enjoyment of all users. Without limiting the generality of the foregoing when playing Mount Your Friends 3D online, you may not alone or with others: (a) cheat or use any tool, device, mechanism or software to cheat or attempt to cheat; (b) bully, stalk, threaten, harass or defame other users; (c) be abusive, vulgar, obscene, sexually explicit, indecent, profane, hateful, bigoted, sexist or racist; (d) advertise, promote, market, sell or solicit orders for products and services; (e) promote illegal activities; (f) harvest, mine, copy, distribute or otherwise collect or use information about other users; (g) hack, modify, attempt to gain access to or tamper with any part of Mount Your Friends 3D, Steam, Stegersaurus’ online play service or the PCs or Macs of other players; or (h) otherwise engage in activity that is inappropriate, objectionable, unlawful, harmful to or adversely affecting Stegersaurus, Mount Your Friends 3D players or their PCs/Macs hardware or software or Stegersaurus’/Steam’s (or their supplier’s) online servers/services. You agree to comply with any and all online/multiuser rules promulgated by Stegersaurus or Stegersaurus’ Mount Your Friends 3D third party service providers/hosts from time to time. You agree and acknowledge that Stegersaurus or Steam may, without prior notice, block your online play or terminate this EULA if you breach any provision contained in this section 4.
5. Other Restrictions: You may not, nor may you allow any third party to: (a) copy, modify, adapt, translate or otherwise create derivative works of any part of Mount Your Friends 3D; (b) use Mount Your Friends 3D contrary to the applicable law in your jurisdiction; (c) commercially use or exploit Mount Your Friends 3D; (d) reverse engineer, de-compile, disassemble or otherwise attempt to discover the source code of Mount Your Friends 3D; or (e) distribute, rent, lease, sell, resell, loan, assign or otherwise transfer rights in or to Mount Your Friends 3D.
6. Mount Your Friends 3D Changes/Limitations: Stegersaurus or Steam may, from time to time without prior notice for any reason or no reason, either temporarily or permanently: (a) limit, deny or cancel some or all of the functionality of Mount Your Friends 3D or Mount Your Friends 3D online play functionality; (b) limit, deny, change or cancel some or all of Mount Your Friends 3D levels, credits, scores, leaderboards, leaderboard status, characters, character skills/attributes, leveled-up states, play modes, cosmetics for stickers, face parts, body paint, skins, trails or any other game functionality, achievements or levels; (c) reset your game history, scores, status, levels or achievements; (d) shut down Mount Your Friends 3D online play or switch online play from being provided via a peer-to-peer to a dedicated server or other multiuser game play model; (e) enable/permit cross-platform play with platform specific modifications made that are designed to make cross-platform play fairer – such as providing differing platform input models (such as aim assist) or constraints (lowering accuracy or speed reductions on more powerful platforms) with no user ability to adjust or change those game assists/constraints; or (f) grant different access rights, service levels, functions, game play modes, characters, skills, unlockable or downloadable content etc., to different users.
7. Your Competency to Enter into this EULA: You also represent and warrant that you are fully able and competent to enter into, abide and comply with the terms, conditions, obligations, affirmations, representations, and warranties set forth in this EULA. In addition, you represent and warrant that you (a) are more than 18 years of age; (b) are an emancipated minor, or (c) possess parental or legal guardian consent.
8. No Maintenance & Support: Stegersaurus’ willingness to provide Mount Your Friends 3D hereunder is predicated upon your agreement that Mount Your Friends 3D is provided as-is. Stegersaurus will not be obligated to provide any maintenance, support, updates, upgrades, fixes, security fixes, patches, enhancements, modifications and the like (“Updates”) to/for Mount Your Friends 3D. However, if Stegersaurus does provide Updates, your right to continue to use Mount Your Friends 3D, whether offline or online, is or may be conditional on your accepting/installing/applying such Updates as and when made available.
9. Termination: You may terminate this EULA by ceasing to use Mount Your Friends 3D. Stegersaurus may terminate this EULA and your right to use Mount Your Friends 3D on your breach of this EULA.
10. Events Upon Termination and Expiration: Upon the termination or expiration of this EULA for any reason, without prejudice to any other rights which Stegersaurus may have, you shall: (a) immediately cease using Mount Your Friends 3D for any purpose whatsoever; and (b) erase and destroy, all copies, including backup copies, of Mount Your Friends 3D and all associated documentation from any device, computer system, records system or files or storage media in your control or possession.
11. Equitable Relief: You agree that Stegersaurus shall be entitled to equitable relief, including such injunction or injunctions as may be required to prevent any breach, infringement or further breach or infringement of: (a) any intellectual property/confidentiality provision herein; or (b) Stegersaurus’ intellectual property rights in Mount Your Friends 3D; and that Stegersaurus may specifically enforce such provisions or protect such rights by an action instituted in any court having jurisdiction. You acknowledge that Mount Your Friends 3D has a special and unique character, giving it particular value, the loss of which cannot be reasonably or adequately compensated for in damages. You covenant and agree not to contest the availability to Stegersaurus of such injunctive relief on any grounds.
12. Indemnity: You shall indemnify and hold harmless Stegersaurus and its directors, officers, and employees from and against all taxes, losses, damages, liabilities, costs and expenses, including lawyer’s fees and other legal expenses, arising directly or indirectly from: (a) the untruth of any representation and warranty made by you herein; (b) the use or misuse by other players of your UGC including screen shots or video captures of your Mount Your Friends 3D game play; and (b) any breach by you of any of the provisions contained in this EULA.
13. NO WARRANTY: MOUNT YOUR FRIENDS 3D IS PROVIDED “AS-IS” WITHOUT WARRANTY OF ANY KIND. YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT MOUNT YOUR FRIENDS 3D IS BEING PROVIDED WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS WHETHER EXPRESS, IMPLIED, STATUTORY, ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE OR OTHERWISE INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS OR ADEQUACY FOR ANY PARTICULAR PURPOSE OR USE, NONINFRINGEMENT, QUALITY, PRODUCTIVENESS, CAPACITY, OR THAT THE OPERATION OF ANY PART OF MOUNT YOUR FRIENDS 3D WILL BE ERROR-FREE. STEGERSAURUS DOES NOT WARRANT THAT MOUNT YOUR FRIENDS 3D IS FREE FROM BUGS, ERRORS OR OMISSIONS AND EXPRESSLY ADVISES YOU THAT THE SOFTWARE MAY CONTAIN BUGS, ERRORS AND OMISSIONS. YOU UNDERSTAND AND HERBY ASSUME THE RISK THAT THE DEVICE/COMPUTER ON WHICH MOUNT YOUR FRIENDS 3D IS INSTALLED MAY NOT, AS A RESULT, FUNCTION PROPERLY, EVEN WHEN MOUNT YOUR FRIENDS 3D IS REMOVED FROM THE DEVICE/COMPUTER. NO ORAL OR WRITTEN INFORMATION (INCLUDING MARKETING MATERIALS, VIDEOS AND WEBSITES) OR ADVICE GIVEN BY STEGERSAURUS, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, LICENSING, SUPPLY OR DELIVERY OF MOUNT YOUR FRIENDS 3D SHALL CREATE A REPRESENTATION, CONDITION OR WARRANTY AND YOU MAY RELY ON SUCH INFORMATION OR ADVICE.
14. LIMITED LIABILITY: STEGERSAURUS SHALL NOT IN ANY CIRCUMSTANCE BE LIABLE TO YOU, OR ANY OTHER PERSON CLAIMING THROUGH YOU INCLUDING BENEFICIARY PARTIES, FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES OR EXPENSES OF ANY TYPE, INCLUDING ANY LOSS OF IN GAME ACHIEVEMENTS, PROFITS, SAVINGS, BUSINESS, DATA, EQUIPMENT, REVENUE, ANTICIPATED BENEFITS ARISING OUT OF THE USE OR INABILITY TO USE MOUNT YOUR FRIENDS 3D, COSTS OF OVERHEAD, LOSS FROM ANY COMPLETE OR PARTIAL DEVICE, COMPUTER, NETWORK OR WORK STOPPAGE OR OTHER SIMILAR DAMAGES, WHETHER SUCH DAMAGES OR EXPENSES ARISE OUT OF CONTRACT (INCLUDING FUNDAMENTAL BREACH) OR TORT (INCLUDING NEGLIGENCE) EVEN IF ANY OF THE PARTIES HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
15. Waiver: No waiver of any provision of this EULA shall be binding unless it is in writing. No indulgence or forbearance by a party shall constitute a waiver of such party’s right to insist on performance in full and in a timely manner of all covenants in this EULA. Waiver of any provision shall not be deemed to waive the same provision thereafter or any other provision of this EULA at any time.
16. Entire Agreement: This EULA constitutes the entire agreement among the parties pertaining to all the matters herein and supersedes all prior agreements, understandings, negotiations and discussions in respect thereof between the parties, whether oral or written, express or implied.
17. Amendment: This EULA may be amended by Stegersaurus at any time. Stegersaurus may notify you of this change by: (a) posting an updated version of it on its website and/or the service where you obtained Mount Your Friends 3D; or (b) by any other reasonable means. This EULA shall terminate and the updated version shall go into force the moment Stegersaurus does any of the foregoing.
18. Severability: If any provision or part of any provision contained in this EULA is found by a court of competent jurisdiction to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions or portions thereof, shall not be in any way affected or impaired thereby.
19. Enurement and Binding Effect: This EULA shall enure to the benefit of and be binding upon the parties hereto and their respective successors and permitted assigns.
20. Governing Law and Venue: This EULA shall be governed by the laws of the Ontario and the federal laws of the Canada applicable therein without reference to conflict of laws principles. You agree to submit to the non-exclusive jurisdiction of the courts of the Province of Ontario and the federal courts of Canada located in Toronto. Despite the foregoing, nothing herein will prevent or restrict Stegersaurus from applying for or seeking a temporary restraining order, a preliminary injunction, permanent injunction or any other injunctive or equitable relief in any jurisdiction anywhere in the world to enforce, preserve or protect its rights hereunder.
21. Remedies Cumulative: Except as otherwise explicitly provided herein, a party’s respective rights and remedies hereunder are cumulative and are in addition to and not in substitution for any other rights or remedies provided hereunder or otherwise at law or in equity and any such rights or remedies may be exercised by the parties from time to time concurrently or independently and as often and in such order as the parties may deem expedient in their sole and absolute discretion.
22. Assignment: You may not assign, delegate or otherwise transfer any of its rights or obligations under this EULA without the prior written consent of Stegersaurus. Stegersaurus may assign, delegate or otherwise transfer any of its rights or obligations under this EULA without your prior consent.
23. Interpretation: In this EULA: (a) all capitalized derivative forms of defined terms and phrases in this EULA have meanings that correspond to the defined terms and phrases; (b) the words “include”, “includes” or “including” mean “include without limitation”, “includes without limitation”; and “including without limitation” respectively; (c) the division of this EULA into separate sections, subsections and schedules, the Agreement's title and the insertion of headings is for convenience of reference only and shall not affect the construction or interpretation of this EULA; and (d) words or abbreviations which have well known or trade meanings are used herein in accordance with their recognized meanings.
24. Contra Proferentem: You agree that any rule of construction to the effect that any ambiguity is to be resolved against the drafting party will not be applicable in the interpretation of the Agreement.
25. Survival: Section 2 (Mount Your Friends 3D Ownership), 3 (User Generated Content), 5 (Other Restrictions) and sections 9 through to this to section 25 will survive the termination or expiration of this EULA for any reason forever.
Mount Your Friends 3D EULA ver Jan 28, 2018