diff options
Diffstat (limited to 'licenses/Gameplay-Group-EULA')
| -rw-r--r-- | licenses/Gameplay-Group-EULA | 191 |
1 files changed, 191 insertions, 0 deletions
diff --git a/licenses/Gameplay-Group-EULA b/licenses/Gameplay-Group-EULA new file mode 100644 index 000000000..e92fb738e --- /dev/null +++ b/licenses/Gameplay-Group-EULA @@ -0,0 +1,191 @@ +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). |