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Planetship Software End User License Agreement
Updated on: 1/15/2015
IT IS IMPORTANT THAT YOU READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE INSTALLING THE PROGRAM. This Software End User License Agreement ("Agreement") is a legal agreement between the end user of the software (an individual or a single entity "You") and "John Lawrence" (the "Developer") for the accompanying software product which includes the game program and any associated media, printed materials, and/or "online" or electronic documentation collectively entitled ("Planetship") . By installing, copying, or otherwise using Planetship, you acknowledge that you have read this Agreement and agree to be bound by the terms. If you do not accept or agree to the terms of this Agreement, do not install or use Planetship.
1. License Grant. The Developer hereby grants to you a non-exclusive, non-transferable license to use Planetship for your personal, non-commercial use. 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. As an exception to this Section, you may modify Planetship for personal use and/or install third-party modifications. You may not distribute such modifications if they contain portions of Planetship. All rights not expressly granted under this Agreement are reserved by the Developer.
2. No Warranty. You expressly agree that use of the Planetship is at your sole risk. Planetship is provided on an “as is,” “as available” basis, unless such warranties are legally incapable of exclusion. The Developer and its licensors disclaim all warranties and conditions, whether oral or written, express, or implied, including without limitation any implied warranties or conditions of merchantability, non-infringement of third party rights, fitness for a particular purpose, and those arising from a course of dealing or usage of trade, regarding Planetship. The Developer and its licensors assume no responsibility for any damages suffered by you, including, but not limited to, items or other materials from errors, loss of data or other malfunctions caused by The Developer, its licensors, licensee and/or subcontractors, or by any other participants or your own omissions and/or errors. The Developer and its licensors make no warranty with respect to any related software or hardware used or provided by The Developer in connection with Planetship except as expressly set forth above.
3. Limitation of Liability. In no event shall The Developer, thier employees, agents, or licensors be liable to you whether in contract, warranty, tort (including negligence (whether imputed, active, passive), product liability or strict liability or other theory), for any direct, indirect, incidental, special or consequential damages (including without limitation any loss of data, service interruption, computer failure or pecuniary loss) arising out of the installation, uninstallation, use or inability to use Planetship, including any damages resulting therefrom, even if The Developer has been advised of the possibility of such damages.
4. Indemnity. At The Developer's request, you agree to defend, indemnify and hold harmless The Developer, its affiliates and licensors from all damages, losses, liabilities, claims and expenses, including attorneys’ fees, arising directly or indirectly from your acts and omissions to act in using the Program pursuant to the terms of this Agreement or any breach of this Agreement by you.
5. Termination. Without prejudice to any other rights of The Developer, this Agreement and your right to use the Program may automatically terminate without notice from The Developer if you fail to comply with any provision of this Agreement or any terms and conditions associated with the Program. In such event, you must destroy all copies of this Program and all of its component parts.
6. Injunction. Because The Developer would be irreparably damaged if the terms of this Agreement were not specifically enforced, you agree that The Developer shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as The Developer may otherwise have under applicable laws.
7. General Provisions. The Developer's failure to enforce at any time any of the provisions of this Agreement shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by The Developer of any provision, condition or requirement of this Agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement. This Agreement shall be governed by the laws of the State of California and the United States without regard to its conflicts of laws rules and you consent to the exclusive jurisdiction of the courts in Los Angeles County, California. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. This Agreement represents the complete agreement concerning this License Agreement between you and The Developer.
Updated on: 1/15/2015
IT IS IMPORTANT THAT YOU READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE INSTALLING THE PROGRAM. This Software End User License Agreement ("Agreement") is a legal agreement between the end user of the software (an individual or a single entity "You") and "John Lawrence" (the "Developer") for the accompanying software product which includes the game program and any associated media, printed materials, and/or "online" or electronic documentation collectively entitled ("Planetship") . By installing, copying, or otherwise using Planetship, you acknowledge that you have read this Agreement and agree to be bound by the terms. If you do not accept or agree to the terms of this Agreement, do not install or use Planetship.
1. License Grant. The Developer hereby grants to you a non-exclusive, non-transferable license to use Planetship for your personal, non-commercial use. 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. As an exception to this Section, you may modify Planetship for personal use and/or install third-party modifications. You may not distribute such modifications if they contain portions of Planetship. All rights not expressly granted under this Agreement are reserved by the Developer.
2. No Warranty. You expressly agree that use of the Planetship is at your sole risk. Planetship is provided on an “as is,” “as available” basis, unless such warranties are legally incapable of exclusion. The Developer and its licensors disclaim all warranties and conditions, whether oral or written, express, or implied, including without limitation any implied warranties or conditions of merchantability, non-infringement of third party rights, fitness for a particular purpose, and those arising from a course of dealing or usage of trade, regarding Planetship. The Developer and its licensors assume no responsibility for any damages suffered by you, including, but not limited to, items or other materials from errors, loss of data or other malfunctions caused by The Developer, its licensors, licensee and/or subcontractors, or by any other participants or your own omissions and/or errors. The Developer and its licensors make no warranty with respect to any related software or hardware used or provided by The Developer in connection with Planetship except as expressly set forth above.
3. Limitation of Liability. In no event shall The Developer, thier employees, agents, or licensors be liable to you whether in contract, warranty, tort (including negligence (whether imputed, active, passive), product liability or strict liability or other theory), for any direct, indirect, incidental, special or consequential damages (including without limitation any loss of data, service interruption, computer failure or pecuniary loss) arising out of the installation, uninstallation, use or inability to use Planetship, including any damages resulting therefrom, even if The Developer has been advised of the possibility of such damages.
4. Indemnity. At The Developer's request, you agree to defend, indemnify and hold harmless The Developer, its affiliates and licensors from all damages, losses, liabilities, claims and expenses, including attorneys’ fees, arising directly or indirectly from your acts and omissions to act in using the Program pursuant to the terms of this Agreement or any breach of this Agreement by you.
5. Termination. Without prejudice to any other rights of The Developer, this Agreement and your right to use the Program may automatically terminate without notice from The Developer if you fail to comply with any provision of this Agreement or any terms and conditions associated with the Program. In such event, you must destroy all copies of this Program and all of its component parts.
6. Injunction. Because The Developer would be irreparably damaged if the terms of this Agreement were not specifically enforced, you agree that The Developer shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as The Developer may otherwise have under applicable laws.
7. General Provisions. The Developer's failure to enforce at any time any of the provisions of this Agreement shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by The Developer of any provision, condition or requirement of this Agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement. This Agreement shall be governed by the laws of the State of California and the United States without regard to its conflicts of laws rules and you consent to the exclusive jurisdiction of the courts in Los Angeles County, California. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. This Agreement represents the complete agreement concerning this License Agreement between you and The Developer.