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THIS SOFTWARE END USER LICENSE AGREEMENT (“EULA”) IS A LEGAL AGREEMENT BETWEEN YOU AND BLACK SHELL MEDIA, LLC. (“LICENSOR”) FOR YOUR ACCESS TO A GAME CURRENTLY KNOWN AS OVERTURE (“SOFTWARE”). By installing, copying, downloading or otherwise using the SOFTWARE, you shall be deemed to have agreed to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install, copy, download or otherwise use the SOFTWARE.
1. GRANT OF LICENSE.
In the event that you receive the SOFTWARE from Licensor, Licensor grants you the revocable, limited, non-exclusive, non-transferable license to install the SOFTWARE onto a single computer for the sole purpose of evaluating the SOFTWARE. You may not use, modify, sell, lease, lend, rent, distribute, sublicense, transfer or disclose any part of the SOFTWARE, except as provided in this EULA. You may not reverse engineer, decompile, or disassemble the SOFTWARE, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
2. RESERVATION OF RIGHTS AND OWNERSHIP. Licensor reserves all rights not expressly granted to you in this EULA. The SOFTWARE is licensed, not sold. Except for the license expressly granted hereunder, Licensor retains all right, title and interest in and to the SOFTWARE and all copies thereof. The SOFTWARE is protected by United States copyright laws and international treaty provisions. You acknowledge that Licensor owns all copyright and other intellectual property rights in and to the SOFTWARE. You may not remove the copyright and other proprietary rights notices from the SOFTWARE. Your feedback, analysis, suggestions and comments to Licensor (including, but not limited to, bug reports and test results) (collectively, “Feedback”) shall be the sole and exclusive property of Licensor, and you hereby assign all of your right, title and interest in the Feedback, and all intellectual property rights related thereto, to Licensor.
3. SOFTWARE; UPDATES AND SUPPORT. The SOFTWARE may not operate correctly and may be substantially modified in the future. Licensor may provide updates to the SOFTWARE from time to time, but Licensor shall have no obligation to provide updates or support services for the SOFTWARE.
4. DISCLAIMER OF WARRANTIES. YOU ACKNOWLEDGE THAT THE SOFTWARE MAY CONTAIN ERRORS AND DEFECTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR PROVIDES THE SOFTWARE AND SUPPORT SERVICES (IF ANY) AS IS AND WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF RELIABILITY OR AVAILABILITY, OF ACCURACY OR COMPLETENESS OF RESPONSES, OF RESULTS, OF WORKMANLIKE EFFORT, OF LACK OF VIRUSES, AND OF LACK OF NEGLIGENCE. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE.
5. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. To the maximum extent permitted by applicable law, in no event shall Licensor be liable for any special, incidental, punitive, indirect, or consequential damages (including, but not limited to, damages for loss of profits, for personal injury, for loss of privacy, for failure to meet any duty including of good faith or of reasonable care, for negligence, and for any other pecuniary or other loss whatsoever) arising out of or in any way related to the use of or inability to use the SOFTWARE, the provision of or failure to provide support or other services, information and related content through the SOFTWARE or otherwise arising out of the use of the SOFTWARE, or otherwise under or in connection with any provision of this EULA, even in the event of the fault, tort (including negligence), misrepresentation, strict liability, breach of contract or breach of warranty of Licensor, and even if Licensor has been advised of the possibility of such damages.
6. LIMITATION OF LIABILITY AND REMEDIES. THE ENTIRE LIABILITY OF LICENSOR AND YOUR EXCLUSIVE REMEDY HEREUNDER SHALL BE LIMITED TO THE ACTUAL DAMAGES YOU INCUR IN REASONABLE RELIANCE ON THE SOFTWARE UP TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
7. TERM/TERMINATION. The license granted to you hereunder is effective until Licensor issues a final release of the game that corresponds to the SOFTWARE, unless earlier terminated. Without prejudice to any other rights, Licensor may terminate the license granted to you hereunder if you fail to comply with any terms or conditions of this EULA.
8. GOVERNING LAW/JURISDICTION. This EULA shall be construed and controlled by the laws of the State of California, and you consent to exclusive jurisdiction and venue in the federal and state courts in the State of California.
9. ENTIRE AGREEMENT; SEVERABILITY. This EULA constitutes the complete and exclusive agreement between you and Licensor with respect to the subject matter hereof, and supersedes all prior or contemporaneous oral or written communications, proposals, representations, understandings or agreements not specifically incorporated herein. If any provision of this EULA is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.
1. GRANT OF LICENSE.
In the event that you receive the SOFTWARE from Licensor, Licensor grants you the revocable, limited, non-exclusive, non-transferable license to install the SOFTWARE onto a single computer for the sole purpose of evaluating the SOFTWARE. You may not use, modify, sell, lease, lend, rent, distribute, sublicense, transfer or disclose any part of the SOFTWARE, except as provided in this EULA. You may not reverse engineer, decompile, or disassemble the SOFTWARE, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
2. RESERVATION OF RIGHTS AND OWNERSHIP. Licensor reserves all rights not expressly granted to you in this EULA. The SOFTWARE is licensed, not sold. Except for the license expressly granted hereunder, Licensor retains all right, title and interest in and to the SOFTWARE and all copies thereof. The SOFTWARE is protected by United States copyright laws and international treaty provisions. You acknowledge that Licensor owns all copyright and other intellectual property rights in and to the SOFTWARE. You may not remove the copyright and other proprietary rights notices from the SOFTWARE. Your feedback, analysis, suggestions and comments to Licensor (including, but not limited to, bug reports and test results) (collectively, “Feedback”) shall be the sole and exclusive property of Licensor, and you hereby assign all of your right, title and interest in the Feedback, and all intellectual property rights related thereto, to Licensor.
3. SOFTWARE; UPDATES AND SUPPORT. The SOFTWARE may not operate correctly and may be substantially modified in the future. Licensor may provide updates to the SOFTWARE from time to time, but Licensor shall have no obligation to provide updates or support services for the SOFTWARE.
4. DISCLAIMER OF WARRANTIES. YOU ACKNOWLEDGE THAT THE SOFTWARE MAY CONTAIN ERRORS AND DEFECTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR PROVIDES THE SOFTWARE AND SUPPORT SERVICES (IF ANY) AS IS AND WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF RELIABILITY OR AVAILABILITY, OF ACCURACY OR COMPLETENESS OF RESPONSES, OF RESULTS, OF WORKMANLIKE EFFORT, OF LACK OF VIRUSES, AND OF LACK OF NEGLIGENCE. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE.
5. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. To the maximum extent permitted by applicable law, in no event shall Licensor be liable for any special, incidental, punitive, indirect, or consequential damages (including, but not limited to, damages for loss of profits, for personal injury, for loss of privacy, for failure to meet any duty including of good faith or of reasonable care, for negligence, and for any other pecuniary or other loss whatsoever) arising out of or in any way related to the use of or inability to use the SOFTWARE, the provision of or failure to provide support or other services, information and related content through the SOFTWARE or otherwise arising out of the use of the SOFTWARE, or otherwise under or in connection with any provision of this EULA, even in the event of the fault, tort (including negligence), misrepresentation, strict liability, breach of contract or breach of warranty of Licensor, and even if Licensor has been advised of the possibility of such damages.
6. LIMITATION OF LIABILITY AND REMEDIES. THE ENTIRE LIABILITY OF LICENSOR AND YOUR EXCLUSIVE REMEDY HEREUNDER SHALL BE LIMITED TO THE ACTUAL DAMAGES YOU INCUR IN REASONABLE RELIANCE ON THE SOFTWARE UP TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
7. TERM/TERMINATION. The license granted to you hereunder is effective until Licensor issues a final release of the game that corresponds to the SOFTWARE, unless earlier terminated. Without prejudice to any other rights, Licensor may terminate the license granted to you hereunder if you fail to comply with any terms or conditions of this EULA.
8. GOVERNING LAW/JURISDICTION. This EULA shall be construed and controlled by the laws of the State of California, and you consent to exclusive jurisdiction and venue in the federal and state courts in the State of California.
9. ENTIRE AGREEMENT; SEVERABILITY. This EULA constitutes the complete and exclusive agreement between you and Licensor with respect to the subject matter hereof, and supersedes all prior or contemporaneous oral or written communications, proposals, representations, understandings or agreements not specifically incorporated herein. If any provision of this EULA is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.