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Revision 1.1 - (show annotations) (download)
Sat Apr 27 17:15:58 2013 UTC (16 months, 3 weeks ago) by ulm
Branch: MAIN
CVS Tags: HEAD
License for games-rpg/rain-slick, bug 465958.

1 On the Rain-Slick Precipice of Darkness, Episode One
2
3
4 End User License Agreement (EULA)
5
6 YOU SHOULD CAREFULLY READ THE FOLLOWING END USER LICENSE AGREEMENT
7 BEFORE USING THIS SOFTWARE PROGRAM. BY USING THIS SOFTWARE PROGRAM, YOU
8 AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. *IF YOU DO NOT AGREE
9 TO THE TERMS OF THIS AGREEMENT, CLICK "QUIT" AND CEASE ALL USE OF THIS
10 SOFTWARE.*
11
12 This software program, including any electronic documentation
13 (collectively, the "Program"), any printed materials, and any and all
14 copies of such Program and materials are the copyrighted work of Hothead
15 Games, Inc. ("Hothead") and/or its affiliates or subsidiaries, and/or
16 its suppliers or licensors. All rights are reserved, except as expressly
17 stated below. Your use of the Program is governed by the terms of this
18 End User License Agreement (the "License Agreement"). The Program is
19 solely for use by end users according to the terms of the License
20 Agreement. Any use, reproduction or redistribution of the Program not in
21 accordance with the terms of the License Agreement is expressly
22 prohibited.
23
24 1. *Thank You.* /We, Hothead, would first like to thank you for
25 licensing the Program. We know you probably don't care much for
26 reading through EULAs, but our lawyers want to make sure we keep
27 control and ownership of the stuff we and our licensors have spent
28 so much time, effort and energy developing. In order to keep
29 developing cool stuff that we hope provides you hours and hours of
30 entertainment and fun, we have to make sure you understand and agree
31 that you are just buying the right to use the Program and that there
32 are certain limits to your rights to use the Program. What follows
33 is what you need to agree to before you can use the Program./
34
35 2. *Limited Use License.* /Like we mentioned above, you are buying the
36 right to use the Program, not the rights to the Program itself./
37 Hothead hereby grants, and by using the Program you thereby accept,
38 a limited, non-exclusive license and right to install and/or use the
39 Program on your personal computers belonging or primarily used by
40 you (for example, on your home computer(s) and a laptop) with the
41 express understanding that the Program is licensed, not sold, and
42 that your license confers no title or ownership of the Program. If
43 you wish to use the Program on more computers than the program
44 automatically allows, Hothead's customer support may (in its sole
45 discretion) increase the number of computers on which the Program
46 may be used on a case by case basis. /If you need to increase any
47 limits the game places on the number of installs you can use, simply
48 contact us and we'll be happy to adjust the settings on your license
49 code to make this happen./ This license is not a sale of the
50 original software program (which means that the fee you paid gives
51 you the right only to use the Program). To avoid any
52 misunderstandings, the license granted hereunder is for one
53 individual person and the Program will be deemed in "use" on a
54 computer when it is loaded onto temporary memory (i.e., RAM) or
55 installed into the permanent memory (e.g., hard disk, CD-ROM or
56 other storage device) of a computer. Installation of the Program on
57 a network server is strictly prohibited. Nothing in this Agreement
58 shall be construed as granting any right to use the Program on a
59 computer that is not owned or primarily used by you.
60
61 3. *Intellectual Property Ownership.* /In order to keep making cool
62 games in the future, we need to make sure that you understand who
63 owns the intellectual property rights to the Program./ All title,
64 ownership rights and intellectual property rights in and to the
65 Program and any and all copies thereof (including but not limited to
66 all copyrights, trademarks, trade secrets, trade names, proprietary
67 rights, patents, titles, computer code, themes, objects, characters,
68 character names, stories, dialog, catch phrases, locations,
69 concepts, artwork, animations, sounds, musical compositions,
70 audio-visual effects, methods of operation, moral rights, any
71 related documentation, and "applets" incorporated into the Program)
72 are owned by Hothead or its licensors. The Program is protected by
73 the copyright laws of Canada, the United States, international
74 copyright treaties and conventions and other laws. All rights are
75 reserved. The Program contains certain licensed materials and
76 Hothead's licensors may protect their rights in the event of any
77 violation of this Agreement. The Program may not be copied or
78 reproduced in any manner or medium, in whole or in part, without
79 prior written consent from Hothead.
80
81 4. *Responsibilities of End User.* /We've mentioned this before, but it
82 probably won't hurt to be a bit more detailed about what you're
83 agreeing to by licensing the Program. We want you to be able to
84 enjoy the games we make to the maximum extent possible, but our
85 lawyers tell us we have to set some rules about what you can and
86 can't do to keep from getting us in trouble (and to allow us to stay
87 in business and keep making cool new games). So by licensing the
88 Program you agree to the following:/
89 1. Subject to the license grant above, you may not, in whole or in
90 part, copy, photocopy, reproduce, translate, reverse engineer,
91 derive source code, modify, disassemble, decompile, modify or
92 create derivative works based on the Program or any part
93 thereof, or remove any proprietary notices or labels on the
94 Program without the prior written consent of Hothead. You may
95 not work around any technical limitations in the Program.
96
97 2. The Program is licensed to you as a single product. Its
98 component parts may not be separated for use on more than one
99 computer.
100
101 3. You are entitled to use the Program for your personal use, but
102 you are not entitled to sell, grant a security interest in or
103 transfer reproductions of the Program or otherwise distribute
104 copies of the Program to other parties in any way, nor to rent,
105 lease or license the Program to others without the prior written
106 consent of Hothead.
107
108 4. You are expressly prohibited from selling or otherwise profiting
109 from any levels, add-on packs, sequels or other items based upon
110 or related to the Program or created by use of any part of the
111 Program. If you create levels, add-on packs, sequels or other
112 items to the Program, including the construction of new levels
113 (collectively, the "Modifications"), you are subject to the
114 following restrictions:
115 1. Modifications are considered separate from the Program in
116 the sense that they are not guaranteed or supported by
117 Hothead. However, by creating a Modification you shall be
118 deemed to have assigned in favour of Hothead all copyrights
119 and intellectual property rights to the Modifications;
120
121 2. your Modifications must require a full, licensed copy of the
122 Program to run;
123
124 3. your Modifications must not contain any libellous,
125 defamatory or other illegal material, material that is
126 scandalous or invades the rights of privacy or publicity of
127 any third party, or contain any trademarks,
128 copyright-protected work or other property of third parties;
129
130 4. your Modifications must be distributed solely for free.
131 Neither you nor any other person or party may sell them to
132 anyone, commercially exploit them in any way, or charge
133 anyone for using them without a license from Hothead.
134
135 5. The prohibitions and restrictions in this Section apply to
136 anyone in possession of the Program or any of your
137 Modifications. For greater certainty, notwithstanding anything
138 to the contrary in this Agreement, you are not permitted to
139 reverse engineer, decompile or disassemble the Program in any
140 way. Any copying of the Program not specifically allowed in this
141 Agreement is a violation of this Agreement.
142
143 5. *Compliance with Ratings.* /To keep the politicians from carrying
144 through on their threats to decide what video games you should and
145 shouldn't be able to play (and what developers can and can't
146 create), we need to make sure you understand the rating given to the
147 Program is important and that you agree to use the Program in
148 accordance with its rating./ The Program may consist of a video game
149 that has been rated by one or more ratings boards (a "Rating
150 Board"). By using the Program you expressly represent, warrant and
151 agree that:
152
153 1. you are aware of the rating (the "Rating") issued to the Program
154 by the applicable Rating Board in the jurisdiction in which you
155 reside or will otherwise be using the Program;
156
157 2. you are of an appropriate age to use the Program in accordance
158 with the Rating issued in such jurisdiction;
159
160 3. you will not permit use of the Program by those under the age
161 set out in the Rating in the jurisdiction in which you reside or
162 will otherwise be using or permitting use of the Program.
163
164 YOU AGREE TO INDEMNIFY AND HOLD HARMLESS HOTHEAD FROM AND AGAINST
165 ANY CAUSE OF ACTION, ACTION, SUIT, PROCEEDING AGAINST OR DAMAGES OR
166 OTHER LIABILITY SUFFERED BY HOTHEAD IN CONNECTION WITH YOUR BREACH
167 OF THIS SECTION 5.
168
169 6. *No Transfer.* /What is this "transfer", you ask? It means that once
170 you accept, you can't sell or give the game to someone else./ You
171 may not transfer or assign this Agreement or any of your rights or
172 obligations under this Agreement.
173
174 7. *Termination.* /We hope this section never has to come into play (or
175 section 12 for that matter), as that means you are doing something
176 you shouldn't be under the terms of this Agreement (which would suck
177 for both of us, but more for you as it means we have to get our
178 lawyers involved)./ This Agreement is effective until the earlier of
179 (i) termination of this License Agreement by you or Hothead or (ii)
180 termination of this Agreement in the event you fail to comply with
181 any term contained herein, in which event this Agreement shall be
182 deemed to terminate automatically. You may terminate this Agreement
183 at any time by destroying all copies of the Program in your
184 possession. Hothead may, at its discretion, terminate this License
185 at any time upon notifying you of such termination (including by way
186 of public notice to all licensees of the Program). In such event
187 /(or if you are bad and are not complying with the terms of this
188 agreement)/, you must immediately destroy all copies of the Program
189 in your possession. Any license agreement to which you may have
190 previously agreed that governs your use of prior versions of the
191 Program is hereby terminated and is replaced by this agreement. The
192 provisions of Sections 3, 7, and 10-13 will survive any termination
193 of this Agreement.
194
195 8. *Updates; New Versions.* /We can't support all versions forever but
196 we will do our best to support the latest version that we have made
197 available./ Hothead may, in its sole discretion, provide updates or
198 new versions of the Program in the future. Hothead may provide such
199 updates or future versions subject to a separate license, which may
200 by its terms terminate this license pursuant to Section 7. Hothead
201 shall have no obligation to provide support or updates for the
202 Program.
203
204 9. *Export Controls.* /Don't be a criminal . . . I mean, what else can
205 we say here?/ You agree to comply with all applicable laws,
206 regulations, rulings and executive orders of any governmental
207 authority relating to the exportation or importation of the Program,
208 including but not limited to the export and destination control
209 regulations for Canadian goods.
210
211 10. *No Warranties.* /We have no idea what you have already on your
212 computer and what state or health your computer is in. The entire
213 risk arising out of use or performance of the Program remains with
214 you./ THE PROGRAM IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND,
215 EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE
216 IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
217 PURPOSE, OR NONINFRINGEMENT. ANY WARRANTY AGAINST INFRINGEMENT THAT
218 MAY BE PROVIDED IN SECTION 2-312(3) OF THE UNIFORM COMMERCIAL CODE
219 IN THE UNITED STATES AND/OR IN ANY OTHER COMPARABLE STATE,
220 PROVINCIAL OR FEDERAL STATUTE IS EXPRESSLY DISCLAIMED. Some
221 jurisdictions do not allow the exclusion or limitation of implied
222 warranties, so the above limitations may not apply to you to that
223 extent.
224
225 11. *Limitation of Liability.* HOTHEAD SHALL NOT BE LIABLE TO YOU, OR TO
226 ANY PERSON ACCESSING GAMEPLAY AS A RESULT OF THE LICENSE GRANTED TO
227 YOU, IN ANY WAY FOR LOSS OR DAMAGE OF ANY KIND RESULTING FROM YOUR
228 USE OF THE PROGRAM, INCLUDING, BUT NOT LIMITED TO, LOSS OF GOODWILL,
229 WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER
230 COMMERCIAL DAMAGES OR LOSSES ARISING OUT OF THE USE OF OR INABILITY
231 TO USE THE PROGRAM, EVEN IF HOTHEAD HAS BEEN ADVISED OF THE
232 POSSIBILITY OF SUCH DAMAGES. FURTHER, HOTHEAD SHALL NOT BE LIABLE IN
233 ANY WAY FOR THE LOSS OR DAMAGE TO ANY PLAYER CHARACTERS, ACCOUNTS,
234 STATISTICS OR USER PROFILE INFORMATION. YOU UNDERSTAND AND
235 ACKNOWLEDGE THAT HOTHEAD CANNOT AND WILL NOT BE RESPONSIBLE FOR ANY
236 INTERRUPTIONS OF ONLINE GAMEPLAY, INCLUDING, BUT NOT LIMITED TO ISP
237 DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES OR ANY OTHER EVENT WHICH
238 MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF ONLINE GAMEPLAY. Some
239 jurisdictions do not allow the exclusion or limitation of incidental
240 or consequential damages, so the above limitations may not apply to
241 that extent. In no event shall our total liability to you for any
242 and all damages, losses and causes of action (whether in tort,
243 contract or otherwise) exceed the amount paid by you for the
244 Program.
245
246 12. *Equitable Remedies.* /We need to make sure we can put a quick stop
247 to anyone doing something they shouldn't be under this agreement./
248 You hereby agree that Hothead would be irreparably damaged if the
249 terms of this Agreement were not specifically enforced, and
250 therefore you agree that Hothead shall be entitled, without bond,
251 other security, or proof of damages, to appropriate equitable
252 remedies with respect to breaches of this Agreement, in addition to
253 such other remedies as Hothead may otherwise have available to it
254 under applicable laws. In the event any litigation is brought by
255 either party in connection with this Agreement, the prevailing party
256 in such litigation shall be entitled to recover from the other party
257 all the costs, attorneys' fees and other expenses incurred by such
258 prevailing party in the litigation.
259
260 13. *Miscellaneous*
261 1. This Agreement shall be deemed to have been made and executed in
262 the Province of British Columbia, Canada and any dispute arising
263 hereunder shall be resolved in accordance with the law of
264 British Columbia. You agree that any claim asserted in any legal
265 proceeding by you against Hothead or its licensors shall be
266 commenced and maintained in a court located in Vancouver,
267 British Columbia having subject matter jurisdiction with respect
268 to the dispute between the parties.
269
270 2. Hothead reserves the right, at its sole discretion, to change,
271 modify, add to, supplement or delete any of the terms and
272 conditions of this Agreement, effective upon prior notice as
273 follows: Hothead will post notification of any such changes to
274 this Agreement on the its website, and may provide such other
275 notice as Hothead may elect in its sole discretion.
276
277 3. In the event that any provision of this Agreement shall be held
278 by a court or other tribunal of competent jurisdiction to be
279 unenforceable, such provision will be enforced to the maximum
280 extent permissible and the remaining portions of this Agreement
281 shall remain in full force and effect.
282
283 4. This Agreement constitutes and contains the entire agreement
284 between the parties with respect to the subject matter hereof
285 and supersedes any prior oral or written agreements.
286
287 You hereby acknowledge that you have read and understand the
288 foregoing terms of this Agreement and agree that the act of using
289 the Program is an acknowledgment of your agreement to be bound by
290 the terms and conditions of this Agreement. You also acknowledge and
291 agree that this Agreement is the complete and exclusive statement of
292 the agreement between Hothead and you with regard to the subject
293 matter hereof and that this Agreement supersedes any prior or
294 contemporaneous agreement, either oral or written, and any other
295 communications between Hothead and you regarding the subject matter
296 hereof.
297
298 /That's it! Not so bad, right? Thanks for supporting us and reading all
299 the way to the end./

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