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Revision 1.1 - (show annotations) (download)
Tue Jul 16 15:15:22 2013 UTC (13 months, 1 week ago) by hasufell
Branch: MAIN
CVS Tags: HEAD
add Gameplay-Group-EULA as preparation for games-misc/little-inferno

1 Experimental Gameplay Group, LLC
2 End User License Agreement
3
4 THIS END USER LICENSE AGREEMENT ("EULA") IS A BINDING LEGAL
5 AGREEMENT BETWEEN EXPERIMENTAL GAMEPLAY GROUP, LLC, D/B/A
6 TOMORROW CORPORATION ("EXPERIMENTAL GAMEPLAY GROUP "), AND
7 YOU AND, IF APPLICABLE, THE COMPANY OR OTHER LEGAL ENTITY
8 YOU REPRESENT (COLLECTIVELY, "YOU" AND "YOUR") REGARDING
9 THE GAME SOFTWARE THAT YOU ARE INSTALLING, INCLUDING ANY
10 ACCOMPANYING MANUAL OR OTHER RELATED MATERIAL PROVIDED BY
11 EXPERIMENTAL GAMEPLAY GROUP AS PART OF, OR IN CONNECTION,
12 THEREWITH (COLLECTIVELY, THE "GAME").
13
14 BY INDICATING YOUR AGREEMENT BELOW, OR BY OTHERWISE
15 CONTINUING TO INSTALL, DOWNLOAD, COPY, ACCESS OR USE THE
16 GAME, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE TO BE
17 BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE, YOU
18 MUST SELECT THE "CANCEL" BUTTON AND YOU MAY NOT CONTINUE TO
19 INSTALL, DOWNLOAD, COPY, ACCESS OR USE THE GAME.
20
21 1. LICENSE GRANT AND RESTRICTIONS.
22
23 1.1 License Grant. Experimental Gameplay Group
24 hereby grants to you a non-exclusive license to use a
25 single copy of the object code version of the Game for your
26 personal, non-commercial home entertainment use on one
27 personal computer or other compatible electronic device.
28 You may sell or transfer your copy of the Game to another
29 person along with, and subject to, your rights under this
30 EULA, only if you do not retain any copies.
31
32 1.2 Restrictions. You may not (i) decompile,
33 disassemble or reverse engineer the Game or otherwise
34 attempt to gain access to its source code, except to the
35 extent that such restrictions are expressly prohibited by
36 law; (ii) copy, offer for public display or create
37 derivative works thereof, except to the extent that such
38 restrictions are expressly prohibited by law; (iii) rent,
39 lease, loan, sublicense or distribute the Game, or offer it
40 on a pay-per-play, coin-op or other for charge (or free)
41 basis; (iv) use the Game to infringe the copyrights or
42 other intellectual property rights of others in any way;
43 (v) modify or delete the copyright and other proprietary
44 rights notices on or in the Game.
45
46 1.3 Additional Restrictions for Trial Versions.
47 If the Game was provided to you for trial use for a limited
48 period of time and/or number of uses, you agree not to use
49 the Game beyond the expiration or termination of the trial
50 period. You acknowledge and agree that the Game may
51 include code designed to prevent you from exceeding these
52 limits, and that such code may remain on your computer or
53 device after deletion of the Game to prevent you from
54 installing another copy of the Game and repeating the trial.
55
56 1.4 Game Specific Terms and Conditions. For
57 additional terms and conditions that may apply to the Game,
58 such as third-party copyright notices and license
59 information, please review the Readme file included with
60 the Game. The ReadMe file for the Game is hereby
61 incorporated into this EULA by this reference.
62
63 2. TERMINATION. This EULA is effective until
64 terminated. You may terminate this EULA at any time by
65 uninstalling the Game and destroying all copies of the Game
66 in your possession or control. Experimental Gameplay Group
67 may terminate this EULA immediately upon notice to you if
68 you breach any of its terms or conditions. Upon
69 termination of this EULA, you agree to immediately
70 uninstall the Game and destroy all copies of the Game.
71
72 3. GAME OWNERSHIP. The Game is the copyrighted
73 proprietary material of Experimental Gameplay Group and/or
74 its third-party licensors and is subject to copyright
75 protection under U.S. copyright law and international
76 copyright treaties, as well as other intellectual property
77 laws and treaties. Experimental Gameplay Group and/or its
78 third-party licensors retain all right, title, and interest
79 in the Game (and any copies thereof) and specifically
80 reserve all rights not expressly granted under this EULA.
81
82 4. LIMITED WARRANTIES BY EXPERIMENTAL GAMEPLAY GROUP.
83
84 4.1 Limited Warranty. EXPERIMENTAL GAMEPLAY
85 GROUP WARRANTS TO YOU, THE ORIGINAL PURCHASER OF THE GAME,
86 THAT THE GAME WILL BE FREE FROM DEFECTS IN MATERIALS AND
87 WORKMANSHIP FOR A PERIOD OF NINETY (90) DAYS FROM THE DATE
88 OF PURCHASE (THE "WARRANTY PERIOD"). THIS LIMITED WARRANTY
89 IS VOID IF THE GAME HAS BEEN SUBJECT TO MISUSE, DAMAGE OR
90 IF YOU HAVE VIOLATED THIS EULA. TO THE MAXIMUM EXTENT
91 PERMITTED BY APPLICABLE LAW, ALL OTHER WARRANTIES, EXPRESS
92 OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF
93 MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE,
94 AND NON-INFRINGEMENT, OR WARRANTIES THAT THE GAME WILL BE
95 ERROR-FREE, SECURE OR VIRUS-FREE, ARE HEREBY EXPRESSLY
96 DISCLAIMED.
97
98 4.2 Additional Warranty for Retail Product. IF
99 YOU PURCHASED THE GAME ON A DISC OR OTHER RECORDING MEDIUM,
100 THEN YOU MUST MAKE ANY WARRANTY CLAIM TO THE RETAILER FROM
101 WHICH YOU PURCHASED THE GAME BY PROVIDING A COPY OF YOUR
102 ORIGINAL SALES RECEIPT AND ANY OTHER DETAILS REQUIRED BY
103 THE RETAILER. THE RETAILER, AT ITS OPTION, MAY REFUND YOUR
104 PURCHASE PRICE, REPAIR OR REPLACE THE DISC OR OTHER MEDIA
105 CONTAINING THE GAME. ANY REPLACEMENT WILL BE WARRANTED FOR
106 THE REMAINDER OF THE ORIGINAL WARRANTY PERIOD OR THIRTY
107 (30) DAYS, WHICHEVER IS LONGER. YOUR EXCLUSIVE REMEDY, AND
108 THE ENTIRE LIABILITY OF EXPERIMENTAL GAMEPLAY GROUP, ITS
109 AFFILIATES, LICENSORS AND SUPPLIERS (COLLECTIVELY, "THE
110 EXPERIMENTAL GAMEPLAY GROUP PARTIES"), FOR BREACH OF THIS
111 WARRANTY, SHALL BE THE REFUND, REPAIR OR REPLACEMENT
112 DESCRIBED ABOVE.
113
114 5. LIMITATION OF LIABILITY. NO PROVISIONS OF THIS EULA
115 SHALL APPLY TO LIMIT LIABILITY ARISING FROM DEATH OR
116 PERSONAL INJURY CAUSED BY NEGLIGENCE OR FOR FRAUD.
117 OTHERWISE, IN NO EVENT WILL THE EXPERIMENTAL GAMEPLAY GROUP
118 PARTIES' TOTAL AGGREGATE LIABILITY TO YOU FOR DIRECT
119 DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR
120 RELATING TO THIS EULA AND/OR YOUR USE OF THE GAME EXCEED
121 THE AMOUNT PAID BY YOU FOR THE GAME. IN NO EVENT WILL THE
122 EXPERIMENTAL GAMEPLAY GROUP PARTIES BE LIABLE FOR ANY
123 INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR ANY OTHER
124 TYPE OF DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES
125 RELATING TO LOST PROFITS, LOSS OF DATA, PRIVACY, NEGLIGENCE
126 OR OTHER DUTY OF CARE), EVEN IF ONE OR MORE OF THE
127 EXPERIMENTAL GAMEPLAY GROUP PARTIES HAS BEEN ADVISED OF THE
128 POSSIBILITY OF SUCH DAMAGES.
129
130 6. BASIS OF THE BARGAIN; EXCLUSIONS. The disclaimers of
131 warranties and limitations of liability set forth above are
132 fundamental elements of the basis of the agreement between
133 you and Experimental Gameplay Group. You understand and
134 agree that Experimental Gameplay Group would not be able to
135 economically or reasonably provide the Game to you without
136 these limitations. HOWEVER, SOME JURISDICTIONS DO NOT ALLOW
137 THE EXCLUSION OF IMPLIED WARRANTIES AND/OR THE LIMITATION
138 OF INDIRECT DAMAGES AS SET FORTH IN SECTIONS 4 AND 5 ABOVE,
139 SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO
140 YOU.
141
142 7. INDEMNIFICATION. You agree to indemnify, defend and
143 hold harmless the Experimental Gameplay Group Parties,
144 including their respective employees, officers, directors
145 and personnel from any claims, losses, damages,
146 liabilities, including attorneys' fees, arising out of your
147 violation of this EULA and/or your use or misuse of the
148 Game.
149
150 8. EXPORT CONTROL. The Game originates in the United
151 States and is subject to United States export laws and
152 regulations. You may not export or re-export, in whole or
153 in part, the Game to certain countries, persons or entities
154 prohibited from receiving exports from the United States.
155 Additionally, the Game may be subject to the import and
156 export laws of other countries, and you agree that you will
157 comply with any such foreign import and export laws, as
158 applicable.
159
160 9. MISCELLANEOUS. You agree to comply with all United
161 States and foreign laws related to your use of the Game.
162 This is the entire agreement between you and Experimental
163 Gameplay Group relating to the subject matter herein and
164 replaces any and all previous representations, agreements,
165 understandings or communications, whether written or oral.
166 If a court of competent jurisdiction declares any provision
167 of this EULA to be void or unenforceable, then such
168 provision will be interpreted, construed or reformed to the
169 extent reasonably required to render it valid, enforceable
170 and consistent with the original intent underlying such
171 provision, and such invalidity or unenforceability will not
172 affect any other provision of this EULA. The English
173 language version of this EULA will control its
174 interpretation.
175
176 10. GOVERNING LAW AND VENUE.
177
178 This EULA will be governed by and construed in accordance
179 with the laws of the State of California, USA, excluding
180 its conflicts of law rules and specifically excluding the
181 United Nations Convention on Contracts for the
182 International Sale of Goods. Venue for any action
183 hereunder shall lie exclusively in the state and federal
184 courts located in San Francisco County, California USA and
185 you hereby consent and submit to the personal jurisdiction
186 of such courts.
187
188 11. NOTICES; HOW TO CONTACT Experimental Gameplay Group.
189 The Game is made available to you by Experimental Gameplay
190 Group, LLC. Experimental Gameplay Group may be contacted
191 via its website (http://tomorrowcorporation.com).

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