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-Experimental Gameplay Group, LLC
-End User License Agreement
-
-THIS END USER LICENSE AGREEMENT ("EULA") IS A BINDING LEGAL
-AGREEMENT BETWEEN EXPERIMENTAL GAMEPLAY GROUP, LLC, D/B/A
-TOMORROW CORPORATION ("EXPERIMENTAL GAMEPLAY GROUP "), AND
-YOU AND, IF APPLICABLE, THE COMPANY OR OTHER LEGAL ENTITY
-YOU REPRESENT (COLLECTIVELY, "YOU" AND "YOUR") REGARDING
-THE GAME SOFTWARE THAT YOU ARE INSTALLING, INCLUDING ANY
-ACCOMPANYING MANUAL OR OTHER RELATED MATERIAL PROVIDED BY
-EXPERIMENTAL GAMEPLAY GROUP AS PART OF, OR IN CONNECTION,
-THEREWITH (COLLECTIVELY, THE "GAME").
-
-BY INDICATING YOUR AGREEMENT BELOW, OR BY OTHERWISE
-CONTINUING TO INSTALL, DOWNLOAD, COPY, ACCESS OR USE THE
-GAME, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE TO BE
-BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE, YOU
-MUST SELECT THE "CANCEL" BUTTON AND YOU MAY NOT CONTINUE TO
-INSTALL, DOWNLOAD, COPY, ACCESS OR USE THE GAME.
-
-1. LICENSE GRANT AND RESTRICTIONS.
-
- 1.1 License Grant. Experimental Gameplay Group
-hereby grants to you a non-exclusive license to use a
-single copy of the object code version of the Game for your
-personal, non-commercial home entertainment use on one
-personal computer or other compatible electronic device.
-You may sell or transfer your copy of the Game to another
-person along with, and subject to, your rights under this
-EULA, only if you do not retain any copies.
-
- 1.2 Restrictions. You may not (i) decompile,
-disassemble or reverse engineer the Game or otherwise
-attempt to gain access to its source code, except to the
-extent that such restrictions are expressly prohibited by
-law; (ii) copy, offer for public display or create
-derivative works thereof, except to the extent that such
-restrictions are expressly prohibited by law; (iii) rent,
-lease, loan, sublicense or distribute the Game, or offer it
-on a pay-per-play, coin-op or other for charge (or free)
-basis; (iv) use the Game to infringe the copyrights or
-other intellectual property rights of others in any way;
-(v) modify or delete the copyright and other proprietary
-rights notices on or in the Game.
-
- 1.3 Additional Restrictions for Trial Versions.
-If the Game was provided to you for trial use for a limited
-period of time and/or number of uses, you agree not to use
-the Game beyond the expiration or termination of the trial
-period. You acknowledge and agree that the Game may
-include code designed to prevent you from exceeding these
-limits, and that such code may remain on your computer or
-device after deletion of the Game to prevent you from
-installing another copy of the Game and repeating the trial.
-
- 1.4 Game Specific Terms and Conditions. For
-additional terms and conditions that may apply to the Game,
-such as third-party copyright notices and license
-information, please review the Readme file included with
-the Game. The ReadMe file for the Game is hereby
-incorporated into this EULA by this reference.
-
-2. TERMINATION. This EULA is effective until
-terminated. You may terminate this EULA at any time by
-uninstalling the Game and destroying all copies of the Game
-in your possession or control. Experimental Gameplay Group
-may terminate this EULA immediately upon notice to you if
-you breach any of its terms or conditions. Upon
-termination of this EULA, you agree to immediately
-uninstall the Game and destroy all copies of the Game.
-
-3. GAME OWNERSHIP. The Game is the copyrighted
-proprietary material of Experimental Gameplay Group and/or
-its third-party licensors and is subject to copyright
-protection under U.S. copyright law and international
-copyright treaties, as well as other intellectual property
-laws and treaties. Experimental Gameplay Group and/or its
-third-party licensors retain all right, title, and interest
-in the Game (and any copies thereof) and specifically
-reserve all rights not expressly granted under this EULA.
-
-4. LIMITED WARRANTIES BY EXPERIMENTAL GAMEPLAY GROUP.
-
- 4.1 Limited Warranty. EXPERIMENTAL GAMEPLAY
-GROUP WARRANTS TO YOU, THE ORIGINAL PURCHASER OF THE GAME,
-THAT THE GAME WILL BE FREE FROM DEFECTS IN MATERIALS AND
-WORKMANSHIP FOR A PERIOD OF NINETY (90) DAYS FROM THE DATE
-OF PURCHASE (THE "WARRANTY PERIOD"). THIS LIMITED WARRANTY
-IS VOID IF THE GAME HAS BEEN SUBJECT TO MISUSE, DAMAGE OR
-IF YOU HAVE VIOLATED THIS EULA. TO THE MAXIMUM EXTENT
-PERMITTED BY APPLICABLE LAW, ALL OTHER WARRANTIES, EXPRESS
-OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF
-MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE,
-AND NON-INFRINGEMENT, OR WARRANTIES THAT THE GAME WILL BE
-ERROR-FREE, SECURE OR VIRUS-FREE, ARE HEREBY EXPRESSLY
-DISCLAIMED.
-
- 4.2 Additional Warranty for Retail Product. IF
-YOU PURCHASED THE GAME ON A DISC OR OTHER RECORDING MEDIUM,
-THEN YOU MUST MAKE ANY WARRANTY CLAIM TO THE RETAILER FROM
-WHICH YOU PURCHASED THE GAME BY PROVIDING A COPY OF YOUR
-ORIGINAL SALES RECEIPT AND ANY OTHER DETAILS REQUIRED BY
-THE RETAILER. THE RETAILER, AT ITS OPTION, MAY REFUND YOUR
-PURCHASE PRICE, REPAIR OR REPLACE THE DISC OR OTHER MEDIA
-CONTAINING THE GAME. ANY REPLACEMENT WILL BE WARRANTED FOR
-THE REMAINDER OF THE ORIGINAL WARRANTY PERIOD OR THIRTY
-(30) DAYS, WHICHEVER IS LONGER. YOUR EXCLUSIVE REMEDY, AND
-THE ENTIRE LIABILITY OF EXPERIMENTAL GAMEPLAY GROUP, ITS
-AFFILIATES, LICENSORS AND SUPPLIERS (COLLECTIVELY, "THE
-EXPERIMENTAL GAMEPLAY GROUP PARTIES"), FOR BREACH OF THIS
-WARRANTY, SHALL BE THE REFUND, REPAIR OR REPLACEMENT
-DESCRIBED ABOVE.
-
-5. LIMITATION OF LIABILITY. NO PROVISIONS OF THIS EULA
-SHALL APPLY TO LIMIT LIABILITY ARISING FROM DEATH OR
-PERSONAL INJURY CAUSED BY NEGLIGENCE OR FOR FRAUD.
-OTHERWISE, IN NO EVENT WILL THE EXPERIMENTAL GAMEPLAY GROUP
-PARTIES' TOTAL AGGREGATE LIABILITY TO YOU FOR DIRECT
-DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR
-RELATING TO THIS EULA AND/OR YOUR USE OF THE GAME EXCEED
-THE AMOUNT PAID BY YOU FOR THE GAME. IN NO EVENT WILL THE
-EXPERIMENTAL GAMEPLAY GROUP PARTIES BE LIABLE FOR ANY
-INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR ANY OTHER
-TYPE OF DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES
-RELATING TO LOST PROFITS, LOSS OF DATA, PRIVACY, NEGLIGENCE
-OR OTHER DUTY OF CARE), EVEN IF ONE OR MORE OF THE
-EXPERIMENTAL GAMEPLAY GROUP PARTIES HAS BEEN ADVISED OF THE
-POSSIBILITY OF SUCH DAMAGES.
-
-6. BASIS OF THE BARGAIN; EXCLUSIONS. The disclaimers of
-warranties and limitations of liability set forth above are
-fundamental elements of the basis of the agreement between
-you and Experimental Gameplay Group. You understand and
-agree that Experimental Gameplay Group would not be able to
-economically or reasonably provide the Game to you without
-these limitations. HOWEVER, SOME JURISDICTIONS DO NOT ALLOW
-THE EXCLUSION OF IMPLIED WARRANTIES AND/OR THE LIMITATION
-OF INDIRECT DAMAGES AS SET FORTH IN SECTIONS 4 AND 5 ABOVE,
-SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO
-YOU.
-
-7. INDEMNIFICATION. You agree to indemnify, defend and
-hold harmless the Experimental Gameplay Group Parties,
-including their respective employees, officers, directors
-and personnel from any claims, losses, damages,
-liabilities, including attorneys' fees, arising out of your
-violation of this EULA and/or your use or misuse of the
-Game.
-
-8. EXPORT CONTROL. The Game originates in the United
-States and is subject to United States export laws and
-regulations. You may not export or re-export, in whole or
-in part, the Game to certain countries, persons or entities
-prohibited from receiving exports from the United States.
-Additionally, the Game may be subject to the import and
-export laws of other countries, and you agree that you will
-comply with any such foreign import and export laws, as
-applicable.
-
-9. MISCELLANEOUS. You agree to comply with all United
-States and foreign laws related to your use of the Game.
-This is the entire agreement between you and Experimental
-Gameplay Group relating to the subject matter herein and
-replaces any and all previous representations, agreements,
-understandings or communications, whether written or oral.
-If a court of competent jurisdiction declares any provision
-of this EULA to be void or unenforceable, then such
-provision will be interpreted, construed or reformed to the
-extent reasonably required to render it valid, enforceable
-and consistent with the original intent underlying such
-provision, and such invalidity or unenforceability will not
-affect any other provision of this EULA. The English
-language version of this EULA will control its
-interpretation.
-
-10. GOVERNING LAW AND VENUE.
-
-This EULA will be governed by and construed in accordance
-with the laws of the State of California, USA, excluding
-its conflicts of law rules and specifically excluding the
-United Nations Convention on Contracts for the
-International Sale of Goods. Venue for any action
-hereunder shall lie exclusively in the state and federal
-courts located in San Francisco County, California USA and
-you hereby consent and submit to the personal jurisdiction
-of such courts.
-
-11. NOTICES; HOW TO CONTACT Experimental Gameplay Group.
-The Game is made available to you by Experimental Gameplay
-Group, LLC. Experimental Gameplay Group may be contacted
-via its website (http://tomorrowcorporation.com).