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End-User License
Agreement
IMPORTANT - READ CAREFULLY: Please carefully read and understand all of the rights and restrictions described in this End-User License Agreement (“EULA”).
Table of Contents
- DEFINITIONS
- AGREEMENT
- COPYRIGHT
- GRANT OF LICENSE
- PERMITTED USES
- RESTRICTIONS
- TRIAL VERSIONS
- UPDATES & PATCHES
- EDITOR AND END-USER VARIATIONS
- DURATION OF THE “ON-LINE” COMPONENT OF THE SOFTWARE
- TERMINATION
- LIMITED WARRANTY AND DISCLAIMER OF WARRANTIES
- LIMITATION OF LIABILITY
- CHOICE OF LAW
- MISCELLANEOUS
1. DEFINITIONS
- “Software” means the software product and all accompanying files, data, and materials received with your order.
- “Company” means GMG Label Limited (t/a Green Man Gaming Publishing) and its affiliated companies.
- “Licencee” or “you” means the person or entity using the Software.
2. AGREEMENT
This document is an agreement between you and the Company. The Software and any accompanying printed materials are licensed to you only on the condition that you accept all of the terms contained in this EULA.By installing or otherwise using the Software, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA:
- Do not use or install the Software, and
- If you have purchased the Software, promptly return the Software and all accompanying materials with proof of purchase to your place of purchase for a refund.
3. COPYRIGHT
The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. All title and copyrights in and to the Software (including but not limited to any images, photographs, animations, video, music, text and “applets” incorporated into the Software) and any printed materials accompanying the Software are owned by the Company or its Licensors.4. GRANT OF LICENSE
The Software is licensed to you and its use is subject to this EULA. The Company grants you a limited, personal, non-exclusive license to use the Software for the sole purpose of installing it on your device. The Company reserves all rights not expressly granted to you in this EULA.5. PERMITTED USES
- If the Software is configured for loading on a hard drive, you may install the Software on a single device in order to install and use it.
- You may make and maintain one copy of the Software for backup and archival purposes, provided that the original copy of the Software is kept in your possession.
6. RESTRICTIONS
- You may not delete or obscure any copyright, trademark or other proprietary notice on the Software or accompanying printed materials.
- You may not decompile, modify, reverse engineer, disassemble or otherwise reproduce the Software.
- You may not copy, rent, lease, sublicense, distribute, publicly display the Software, create derivative works based on the Software (except to the extent expressly permitted in the Editor and End-User Variation section of this Agreement or other documentation accompanying the Software) or otherwise commercially exploit the Software.
- You may not electronically transmit the Software from one computer, console or other platform to another over a network.
- You may not use any backup or archival copy of the Software for any purpose other than to replace the original copy in the event it is destroyed or becomes defective.
- The license granted to you under this EULA is personal to you and is not transferable to any other person or entity. However, if you are the original purchaser of a physical disc version of the Software, you may transfer the physical disc to another person, provided that you do not retain any copies of the Software and the recipient agrees to be bound by the terms of this EULA.
7. TRIAL VERSIONS
If the Software was provided to you for trial use for a limited period of time or number of uses, you agree not to use the Software following the expiration of the trial period. You acknowledge and agree that the Software may include code designed to prevent you from exceeding these limits, and such code may remain on your computer after deletion of the Software in order to prevent you from installing another copy and repeating the trial period.8. UPDATES & PATCHES
The Company may, from time to time, provide updates, patches, or other modifications to the Software (“Updates”) to be installed for you to continue to use the Software. The Company reserves the right to modify or discontinue, temporarily or permanently, the Software or any features or portions thereof. However, if such modification or discontinuation affects the online component of the Software, such changes will be in accordance with section 10 of this EULA. If you do not install the Updates, you may not be able to use the Software, or its functionality may be limited. You agree that the Company may install such Updates automatically as part of the Software and you consent to such automatic Updates.The Company is not obligated to provide any Updates or to continue to provide or enable any particular features or functionality of the Software. All provisions of this EULA shall apply to any Updates provided by the Company unless such Updates are accompanied by a separate license agreement, in which case the terms of that license agreement shall govern.
The Company shall not be liable for any damages resulting from the installation or use of any Updates, including the loss of data or functionality.
9. EDITOR AND END-USER VARIATIONS
If the Software includes a feature that allows you to modify the Software or to construct new variations (an “Editor”), you may use this Editor to create modifications or enhancements to the Software, including the construction of new levels (collectively, the “Variations”), subject to the following restrictions. Your variations:- must only work with the full registered copy of the Software;
- must not contain modifications to any executable file;
- must not contain any libelous, defamatory or other illegal material, material that is scandalous or invades the rights of privacy of publicity of any third party;
- must not contain any trademarks, copyright-protected work or other property of third parties; and
- may not be commercially exploited by you, including but not limited to making such Variations available for sale or as part of a pay-per-play or time sharing service.
10. DURATION OF THE “ON-LINE” COMPONENT OF THE SOFTWARE
If the software includes an "on-line" component that must be played over the internet through the service, as provided by the Company, it is your entire responsibility to secure an internet connection and all fees related thereto shall be at your own charge. The Company will use reasonable efforts to provide the service all day, every day. However, the Company reserves the right to temporarily suspend the service for maintenance, testing, replacement and repair of the telecommunications equipment related to the Software, as well as for transmission interruption or any other operational needs of the system.The Company agrees to provide the servers and software necessary to access the Service until such a time as the Software is “Out of Publication”. Software shall be considered “Out of Publication” following the date that it is no longer manufactured and/or distributed by the Company, or its affiliates. Thereafter, the Company may, in its sole and absolute discretion, continue to provide the service or license to third parties the right to provide the service. However, nothing contained herein shall be construed so as to place an obligation upon the Company to provide the service beyond the time that the applicable Software is “Out of Publication”. In the event that the Company determines that it is in its best interest to cease providing the service, or license to a third party the right to provide the service, the Company shall provide you with no less than three (3) months prior notice. This notice doesn't have to be addressed personally to the user. It can also be an announcement on the Software website, or community channels of the Company. Neither the Service nor the Company's agreement to provide access to the service shall be considered a rental or lease of time on or capacity of the Company's servers or other technology.
11. TERMINATION
This EULA is effective until terminated. You may terminate this EULA at any time by destroying the Software. This EULA will terminate automatically without notice from the Company if you fail to comply with any provision of this EULA. All provisions of this EULA as to warranties, limitation of liability, remedies and damages will survive termination.12. LIMITED WARRANTY AND DISCLAIMER OF WARRANTIES
You are aware and agree that use of the Software and the media on which it is recorded is at your sole risk. The Software and media is supplied “AS IS.” unless otherwise provided by applicable law, the Company warrants to the original purchaser of this product that the Software storage medium will be free from defects in materials and workmanship under normal use for thirty (30) days from the date of purchase. The warranty is void if the defect has arisen through accident, abuse, neglect or misapplication. If the Software fails to conform to this warranty, you may at your sole and exclusive remedy, obtain a replacement free of charge if you return the defective Software. The Company does not warrant the Software or its operations or functions will meet your requirements, or that the use of the Software will be without interruption or error.TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, EXCEPT FOR THE EXPRESS WARRANTY SET FORTH ABOVE, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING AND WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. EXCEPT FOR THE EXPRESS WARRANTY SET FORTH ABOVE, THE COMPANY DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS OR OTHERWISE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTS, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
13. LIMITATION OF LIABILITY
IN NO EVENT WILL THE COMPANY OR ITS EMPLOYEES OR LICENSORS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR INJURY TO PERSON OR PROPERTY, FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY AND NEGLIGENCE) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF THE COMPANY OR AN AUTHORISED REPRESENTATIVE OF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.IN NO EVENT WILL THE LIABILITY OF THE COMPANY FOR DAMAGES WITH RESPECT TO THE SOFTWARE EXCEED THE AMOUNTS ACTUALLY PAID BY YOU FOR THE SOFTWARE.
14. CHOICE OF LAW
The laws of England & Wales apply to all legal issues arising out of or in connection with this contract.15. MISCELLANEOUS
If any provision or portion of this EULA is found to be unlawful, void, or for any reason unenforceable, it will be severed from and in no way affect the validity or enforceability of the remaining provisions of the EULA.This EULA constitutes the entire agreement between you and the Company regarding the Software and its use.
