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PLEASE READ THE LICENSE AGREEMENT VERY CAREFULLY AND MAKE SURE THAT YOU AGREE WITH ALL POINTS BEFORE CONTINUING WITH THE INSTALLATION.
This End User License Agreement ("Agreement") is entered into between eInstitute, Inc. ("Company" or “The Game Institute” or "eInstitute") and you, either as an individual or a single entity ("you" or "your"), in relation to the use of GI Racing 2.0 ("Software" or “the Software”). The purpose of this license is to allow you to use the Software and any updates that may be provided by the Company on the terms set forth below. You may acknowledge your agreement to all of the terms and conditions of this Agreement by either using or downloading the Software. If you do not agree to any or all of the following terms, you are not authorized to make any use of the Software whatsoever, and must destroy it and all copies in your possession or control.
1. License Grant. Provided that you comply with all terms and conditions of this Agreement, The Game Institute grants you a limited, personal, non-exclusive, worldwide, non-sublicensable, and non-transferable, royalty-free license to install and use the Software for non-commercial and personal educational and entertainment purposes only. You are not permitted to distribute the Software or any portion thereof to any unauthorized third party without written consent of Company. You may make copies of the Software for backup purposes, but all such copies are subject to this Agreement including, without limitation, restrictions on distribution.
2. Distribution. If you continue with this installation you agree that you will not copy, rent, sell or in any way distribute this Software and/or any associated ancillary educational materials either in part or as a whole to any other person or persons anywhere in the universe. You will also not try to pass off any of the Software as your own work or attempt to use it for any kind of commercial purposes, including Stream Greenlight and/or similar crowd-funding websites. You are not allowed to attempt to disassemble the Software, or under any circumstances to distribute the source code in its non-compiled form to any person for whatever reason. You are not allowed to attempt to extract or distribute the assets used by the game, like the art or sound, or any other portion of the project that you received along with the distribution or in subsequent downloads on the Company’s website. The Software and its underlying materials are for personal educational and entertainment purposes only. If you do not agree to abide by this, then you are not permitted to continue with the installation.
3. Warranty Disclaimer. The parties acknowledge and agree that the Software is free, and may contain bugs and errors, and may not function correctly or at all on any machine or in any environment and is therefore provided "AS-IS" and installed at your sole risk. COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES AGAINST INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY MAKES NO WARRANTY TO ANY PERSON RELATING TO THE SOFTWARE, ITS USE OR ANY INABILITY TO USE THE SOFTWARE, THE RESULTS OF ITS USE, OR THAT ERRORS IN THE SOFTWARE WILL BE CORRECTED.
4. Limitation of Remedies and Damages. COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY FOR ANY (A) LOSS OR INACCURACY OF DATA, (B) COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, (C) INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUES AND LOSS OF PROFITS OR (D) FOR ANY MATTER BEYOND ITS REASONABLE CONTROL.
5. Termination. This Agreement may be terminated by Company for any reason or no reason upon thirty (30) days prior written notice to You via email, or immediately without notice upon any breach by You of the provisions of this Agreement. Upon termination, the terms of this Agreement will remain in full force and effect, except the license granted in Section 1 shall terminate and You will immediately cease all use of the Software and destroy all copies or portions thereof in Your possession or control.
6. No Assignment. Neither the rights nor the obligations arising under this Agreement are assignable or transferable by you, and any such attempted assignment or transfer shall be void and without effect.
7. Controlling Law; Attorneys' Fees; Severability. This Agreement shall be governed by and construed in accordance with the laws of the State of New York without regard to conflicts of laws provisions thereof. In any action to enforce this Agreement the prevailing party will be entitled to costs and attorneys' fees. In the event that any of the provisions of this Agreement shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.
8. Entire Agreement; Amendment; Waiver. This Agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof, and any and all written or oral agreements heretofore existing between the parties hereto are expressly cancelled. No waiver or modification of this Agreement will be binding upon either party unless made in a writing signed by both parties and no failure or delay in enforcing any right will be deemed a waiver.
This End User License Agreement ("Agreement") is entered into between eInstitute, Inc. ("Company" or “The Game Institute” or "eInstitute") and you, either as an individual or a single entity ("you" or "your"), in relation to the use of GI Racing 2.0 ("Software" or “the Software”). The purpose of this license is to allow you to use the Software and any updates that may be provided by the Company on the terms set forth below. You may acknowledge your agreement to all of the terms and conditions of this Agreement by either using or downloading the Software. If you do not agree to any or all of the following terms, you are not authorized to make any use of the Software whatsoever, and must destroy it and all copies in your possession or control.
1. License Grant. Provided that you comply with all terms and conditions of this Agreement, The Game Institute grants you a limited, personal, non-exclusive, worldwide, non-sublicensable, and non-transferable, royalty-free license to install and use the Software for non-commercial and personal educational and entertainment purposes only. You are not permitted to distribute the Software or any portion thereof to any unauthorized third party without written consent of Company. You may make copies of the Software for backup purposes, but all such copies are subject to this Agreement including, without limitation, restrictions on distribution.
2. Distribution. If you continue with this installation you agree that you will not copy, rent, sell or in any way distribute this Software and/or any associated ancillary educational materials either in part or as a whole to any other person or persons anywhere in the universe. You will also not try to pass off any of the Software as your own work or attempt to use it for any kind of commercial purposes, including Stream Greenlight and/or similar crowd-funding websites. You are not allowed to attempt to disassemble the Software, or under any circumstances to distribute the source code in its non-compiled form to any person for whatever reason. You are not allowed to attempt to extract or distribute the assets used by the game, like the art or sound, or any other portion of the project that you received along with the distribution or in subsequent downloads on the Company’s website. The Software and its underlying materials are for personal educational and entertainment purposes only. If you do not agree to abide by this, then you are not permitted to continue with the installation.
3. Warranty Disclaimer. The parties acknowledge and agree that the Software is free, and may contain bugs and errors, and may not function correctly or at all on any machine or in any environment and is therefore provided "AS-IS" and installed at your sole risk. COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES AGAINST INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY MAKES NO WARRANTY TO ANY PERSON RELATING TO THE SOFTWARE, ITS USE OR ANY INABILITY TO USE THE SOFTWARE, THE RESULTS OF ITS USE, OR THAT ERRORS IN THE SOFTWARE WILL BE CORRECTED.
4. Limitation of Remedies and Damages. COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY FOR ANY (A) LOSS OR INACCURACY OF DATA, (B) COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, (C) INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUES AND LOSS OF PROFITS OR (D) FOR ANY MATTER BEYOND ITS REASONABLE CONTROL.
5. Termination. This Agreement may be terminated by Company for any reason or no reason upon thirty (30) days prior written notice to You via email, or immediately without notice upon any breach by You of the provisions of this Agreement. Upon termination, the terms of this Agreement will remain in full force and effect, except the license granted in Section 1 shall terminate and You will immediately cease all use of the Software and destroy all copies or portions thereof in Your possession or control.
6. No Assignment. Neither the rights nor the obligations arising under this Agreement are assignable or transferable by you, and any such attempted assignment or transfer shall be void and without effect.
7. Controlling Law; Attorneys' Fees; Severability. This Agreement shall be governed by and construed in accordance with the laws of the State of New York without regard to conflicts of laws provisions thereof. In any action to enforce this Agreement the prevailing party will be entitled to costs and attorneys' fees. In the event that any of the provisions of this Agreement shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.
8. Entire Agreement; Amendment; Waiver. This Agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof, and any and all written or oral agreements heretofore existing between the parties hereto are expressly cancelled. No waiver or modification of this Agreement will be binding upon either party unless made in a writing signed by both parties and no failure or delay in enforcing any right will be deemed a waiver.