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USER LICENSE AGREEMENT
This End User License Agreement ("EULA") governs your
download, installation and use of, and access to, the game Risk of Rain 2 on
Steam (the "Game") that is provided by Hopoo Games, LLC ("Hopoo").
BY CLICKING THE “ACCEPT” BUTTON OR OTHERWISE ACKNOWLEDGING
YOUR ACCEPTANCE OF THIS EULA OR BY USING THE GAME, YOU ACCEPT THIS EULA AND
AGREE TO BE LEGALLY BOUND TO ITS TERMS. THIS EULA IS EFFECTIVE AS OF THE
EARLIER OF YOUR ACCEPTING THESE TERMS AND YOUR USE OF THE GAME. IF YOU DO NOT AGREE TO THE TERMS OF THIS
EULA, HOPOO WILL NOT AND DOES NOT LICENSE THE GAME TO YOU AND YOU MUST NOT
DOWNLOAD, INSTALL, OR OTHERWISE USE THE GAME.
1. Ownership of the Game. The Game is the valuable property of Hopoo and
our licensors and is protected by copyright and other intellectual property
laws and treaties. Hopoo, and our
licensors, own all right, title and interest in and to the Game, including all
copyright and other intellectual property rights therein. Hopoo reserves all
rights not expressly granted to you.
2. Scope of License to the Game. The Game is licensed, not sold, to you.
Subject to the terms and conditions of this EULA, and the Steam Subscriber
Agreement available at https://steamproxy.net/steamstore/subscriber_agreement/ (the
"Steam Terms"), Hopoo grants you a limited, non-exclusive,
non-transferable license to download, install and use the Game through the
Steam platform on a computer, handheld or mobile device or otherwise (each, a
"Device") that you own or control. Your use of the Game requires your acceptance
of, and compliance with, the Steam Terms.
3. License Restrictions. The license granted to you in Section 2 does
not allow you to do any of the following: (a) use
the Game on any Device you do not own or control; (b) distribute, copy,
license, rent, sell, publish, lease or otherwise transfer the Game (except as
expressly permitted by this EULA or the Steam Terms) or any proprietary
materials of Hopoo to any third party; (c) reverse engineer, decompile,
disassemble or attempt to discover any source code or trade secrets related to
the Game or any proprietary materials of Hopoo; (d) remove, alter, or obscure
any copyright, trademark or other proprietary rights notice on or in the Game;
(e) work around any technical limitations in the Game; or (f) use the Game for
purposes for which it was not designed. If you breach any of these
restrictions, you may be subject to prosecution and damages.
4. Modifications; Feedback.
If you create modifications of the Game
(“Mods”),
you will only own the software code for those Mods. You will not own any Game IP used, rendered,
depicted or otherwise incorporated into or exploited in those Mods. You will not attempt to monetize your Mods or
otherwise distribute or exploit your Mods in exchange for any type of valuable
consideration. You consent to Hopoo
contacting you about your Mods and Hopoo’s potential use of such Mods, and you
grant to Hopoo an option to negotiate a worldwide, royalty-free commercial
license, whether exclusive or nonexclusive, to your Mods (“Option”). Hopoo may invoke the option at any time
during the term of this EULA, and for twelve (12) months thereafter (“Option
Period”). During the Option Period (if Hopoo invokes the Option for an
exclusive license), you will negotiate in good faith exclusively with Hopoo
regarding any license to your Mods.
Hopoo owns and will retain ownership of the Game and all Game
code, characters, weapons, monsters, loot, planets, storylines, imagery,
mythos, look and feel, concepts, game mechanics, environments and all other
Game elements, together with all related intellectual property in or to the
foregoing, on which your Mods may be built (“Game IP”). Hopoo reserves all rights, interest and title
to and in the Game and Game IP, including the right to independently develop
code, features, functions or otherwise that are identical or substantially
similar to your Mods. Hopoo may be developing or in the future develop
information internally or receive information from other parties that may be
similar or identical to your Mods. Hopoo
will not be restricted or forbidden from engaging in such development or from
receiving such information, nor will Hopoo be restricted from improving or
modifying the Game, any Game IP, any Hopoo technology or from expanding its
business scope. You hereby release Hopoo
from and forever waive any claims or causes of action you may now or in the
future have related to Hopoo’s activities described above.
If you provide any ideas, suggestions or recommendations to Hopoo
regarding the Game (“Feedback”), Hopoo is free to retain,
use and incorporate such Feedback in Hopoo’s products and/or services, including
the Game, without payment of royalties or other consideration.
This Section 4 does not constitute a license to any Game IP
or any proprietary materials of Hopoo. Except
as explicitly stated in this EULA, nothing in this EULA confers or shall be
construed as conferring any right or license to the other party’s intellectual
property rights, whether by estoppel, implication or otherwise.
5. Support Services; Contact. Hopoo is not obligated to provide any support
or maintenance services for the Game at this time. If you have any questions
regarding the Game, please contact us at contact@hopoogames.com.
6. No Warranty. YOU ACKNOWLEDGE AND AGREE THAT: (A) THE GAME
MAY CONTAIN BUGS, ERRORS, AND DEFECTS; (B) USE OF THE GAME IS AT YOUR SOLE
RISK; AND (C) THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY
AND EFFORT IS WITH YOU. ACCORDINGLY, THE GAME IS PROVIDED "AS IS,"
"AS AVAILABLE," WITH ALL FAULTS, DEFECTS AND ERRORS AND WITHOUT
WARRANTY OF ANY KIND. HOPOO DISCLAIMS ALL WARRANTIES (EXPRESS AND IMPLIED AND
ARISING BY LAW OR OTHERWISE) REGARDING THE GAME AND ITS SUITABILITY FOR YOUR
INTENDED USE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND
NON-INFRINGEMENT. HOPOO WILL HAVE NO LIABILITY OF ANY KIND FOR THE USE OF, OR
INABILITY TO USE, THE GAME OR ANY SERVICE THAT THE GAME IS INTENDED TO ACCESS
OR FOR ANY LOSS OF DATA. HOPOO does not REPRESENT OR warrant
that the Game will be delivered free of any interruptions, delays, omissions or
errors (“Faults”) or in a secure manner or that any Faults will be
corrected. NO ORAL OR WRITTEN INFORMATION OR
ADVICE GIVEN BY HOPOO OR ITS AUTHORIZED REPRESENTATIVES
WILL CREATE A WARRANTY. IN THE EVENT THAT THE GAME PROVES DEFECTIVE, YOU ASSUME
THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
The laws of some states or jurisdictions do not allow the exclusion
of implied warranties. To the extent that those laws apply, the exclusions set
forth above may not apply to you.
7. Indemnification. To the fullest extent permitted by applicable
law, you agree to defend, indemnify, and hold harmless Hopoo, its affiliates,
independent contractors and service providers, and each of their respective
members, directors, offices, employees and agents ("Representatives")
from and against all claims, damages, costs, liabilities and expenses
(including but not limited to reasonable attorneys' fees) arising out of or
related to your download or installation of and access to, or inability to download,
install or access, the Game. In the event of any claim that the Game, or your
possession or use thereof, infringes any intellectual property rights of a
third party, you agree to contact Hopoo.
Hopoo will, at its option, terminate the license granted herein, settle
or defend the claim.
8. Limitation of Liability. To the
fullest extent permitted by applicable law: (A) HOPOO AND ITS
REPRESENTATIVES WILL HAVE NO LIABILITY (WHETHER IN CONTRACT, WARRANTY, TORT,
NEGLIGENCE OR OTHERWISE) FOR ANY DAMAGES SUSTAINED BY YOU ARISING FROM YOUR DOWNLOAD
OR INSTALLATION OF, OR ACCESS TO, THE GAME, INCLUDING WITHOUT LIMITATION ANY
INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OR LOSS OF
DATA, EVEN IF HOPOO OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES; AND (B) YOU CAN RECOVER ONLY DIRECT DAMAGES FOR THE GREATER OF
$10.00 AND THE AMOUNT YOU PAID FOR THE GAME.
9. No Export. You may not use or otherwise export or
re-export the Game or any content contained therein, except as authorized by
United States law and the laws of the jurisdiction in which the Game or any
content was obtained. In particular, but without limitation, the Game and the
content contained therein may not be exported or re-exported to (a) any
U.S. embargoed countries, or (b) anyone on the U.S. Treasury Department's
list of Specially Designated Nationals or the U.S. Department of Commerce
Denied Person's List or Entity List.
10. Legal Compliance. By downloading and installing the Game, you
represent and warrant that: (a) you are not located in a country that is
subject to a U.S. Government embargo, or that has been designated by the U.S.
Government as a "terrorist supporting" country; and (b) you are not
listed on any U.S. Government list of prohibited or restricted parties. You will
comply with all applicable laws, rules and regulations, including but not
limited to U.S. export control laws.
11. Commercial Items. If acquired by any agency of the United
States government, such agency acknowledges that: (a) the Game constitutes
"commercial computer software" or "commercial computer software
documentation" for purposes of 48 C.F.R. §12.212 and 48 C.F.R. §227.7202,
as applicable and (b) such agency's rights are limited to those specifically
granted under this EULA.
12. Termination. Any use of the Game other than as
specifically authorized under this EULA, or the Steam Terms, without the prior
written permission of Hopoo is strictly prohibited and will immediately
terminate the license granted herein. Such unauthorized use may also violate
applicable laws, including without limitation copyright and trademark laws and
applicable communications regulations and statutes. You may terminate this EULA at any time by
(a) ceasing use of the Game and (b) deleting all copies of the Game in your
possession or control. Hopoo reserves the right to terminate this EULA at any
time, for any or no reason. In the event of termination, the license granted to
you herein will automatically terminate and you must immediately cease all use
of the Game and destroy all copies of the Game within your possession or
control.
13. Survival. Sections 1, 3-5, 6-11, 12 (last sentence
only) and 14-18 of this EULA will survive any termination of this EULA.
14. Updates and Modifications.
The terms of this EULA will govern any updates or upgrades provided by Hopoo,
unless such update or upgrade is accompanied by a separate license, in which
case the terms of that separate license will govern. Your next use of the Game
may be governed by a different EULA and it is your responsibility to check this
EULA periodically for changes. You use or continued use of the Game following
the posting of any changes to this EULA or any other posted policies will
constitute your acceptance of, and agreement to be bound by, the changed terms
or policies. Hopoo reserves the right to modify or discontinue, temporarily or
permanently, the Game (or any features or portions thereof) without prior
notice. Hopoo also may impose limits on the use of or access to the Game, in
any case and without notice or liability.
15. Dispute Resolution; Arbitration. If
any dispute arises between the under this EULA that cannot be resolved by
mutual agreement after correspondence and meetings between us, it will be
finally settled under the JAMS Comprehensive Arbitration Rules and Procedures,
by one or more arbitrators appointed in accordance with such Rules and
Procedures. Arbitration will be held in King
County, Washington, or at some other mutually agreeable location.
16. Governing Law and Venue. This EULA and your download and
installation of, and access to, the Game will be governed by and interpreted in
accordance with the laws of the State of Washington, without reference to its choice of
law rules. Each party irrevocably consents to the jurisdiction and venue of the
federal and state courts located in King County, Washington, with respect to any dispute
between the parties that is not subject to arbitration under this EULA.
17. Conflicts.
In the event of a conflict between the terms of this EULA and any other written
or oral agreement related to the Game, including the Steam Terms as applied to
the Game, the terms of this EULA will control.
An omission or supplemental term will not be deemed a conflict.
18. Miscellaneous. If any provision of this EULA is found to be
invalid or unenforceable, such provision will be deemed to be restated to
reflect the original intention of the parties to the maximum extent possible
and in accordance with applicable law, and the remaining provisions, terms,
covenants, and restrictions of this EULA will remain in full force and effect. You
may not assign this EULA or any of your rights under this EULA without the
prior written consent of Hopoo. Any attempted assignment without such consent will
be void. Subject to the foregoing restriction, this EULA will be fully binding
upon, inure to the benefit of, and be enforceable by Hopoo and our respective
successors and assigns. Any failure by Hopoo to insist upon or enforce
performance by you of any of the provisions of this EULA or to exercise any
rights or remedies under this EULA or otherwise by law will not be construed as
a waiver or relinquishment of any right to assert or rely upon the provision, right
or remedy in that or any other instance; rather, the provision, right or remedy
will be and will remain in full force and effect.
USER LICENSE AGREEMENT
This End User License Agreement ("EULA") governs your
download, installation and use of, and access to, the game Risk of Rain 2 on
Steam (the "Game") that is provided by Hopoo Games, LLC ("Hopoo").
BY CLICKING THE “ACCEPT” BUTTON OR OTHERWISE ACKNOWLEDGING
YOUR ACCEPTANCE OF THIS EULA OR BY USING THE GAME, YOU ACCEPT THIS EULA AND
AGREE TO BE LEGALLY BOUND TO ITS TERMS. THIS EULA IS EFFECTIVE AS OF THE
EARLIER OF YOUR ACCEPTING THESE TERMS AND YOUR USE OF THE GAME. IF YOU DO NOT AGREE TO THE TERMS OF THIS
EULA, HOPOO WILL NOT AND DOES NOT LICENSE THE GAME TO YOU AND YOU MUST NOT
DOWNLOAD, INSTALL, OR OTHERWISE USE THE GAME.
1. Ownership of the Game. The Game is the valuable property of Hopoo and
our licensors and is protected by copyright and other intellectual property
laws and treaties. Hopoo, and our
licensors, own all right, title and interest in and to the Game, including all
copyright and other intellectual property rights therein. Hopoo reserves all
rights not expressly granted to you.
2. Scope of License to the Game. The Game is licensed, not sold, to you.
Subject to the terms and conditions of this EULA, and the Steam Subscriber
Agreement available at https://steamproxy.net/steamstore/subscriber_agreement/ (the
"Steam Terms"), Hopoo grants you a limited, non-exclusive,
non-transferable license to download, install and use the Game through the
Steam platform on a computer, handheld or mobile device or otherwise (each, a
"Device") that you own or control. Your use of the Game requires your acceptance
of, and compliance with, the Steam Terms.
3. License Restrictions. The license granted to you in Section 2 does
not allow you to do any of the following: (a) use
the Game on any Device you do not own or control; (b) distribute, copy,
license, rent, sell, publish, lease or otherwise transfer the Game (except as
expressly permitted by this EULA or the Steam Terms) or any proprietary
materials of Hopoo to any third party; (c) reverse engineer, decompile,
disassemble or attempt to discover any source code or trade secrets related to
the Game or any proprietary materials of Hopoo; (d) remove, alter, or obscure
any copyright, trademark or other proprietary rights notice on or in the Game;
(e) work around any technical limitations in the Game; or (f) use the Game for
purposes for which it was not designed. If you breach any of these
restrictions, you may be subject to prosecution and damages.
4. Modifications; Feedback.
If you create modifications of the Game
(“Mods”),
you will only own the software code for those Mods. You will not own any Game IP used, rendered,
depicted or otherwise incorporated into or exploited in those Mods. You will not attempt to monetize your Mods or
otherwise distribute or exploit your Mods in exchange for any type of valuable
consideration. You consent to Hopoo
contacting you about your Mods and Hopoo’s potential use of such Mods, and you
grant to Hopoo an option to negotiate a worldwide, royalty-free commercial
license, whether exclusive or nonexclusive, to your Mods (“Option”). Hopoo may invoke the option at any time
during the term of this EULA, and for twelve (12) months thereafter (“Option
Period”). During the Option Period (if Hopoo invokes the Option for an
exclusive license), you will negotiate in good faith exclusively with Hopoo
regarding any license to your Mods.
Hopoo owns and will retain ownership of the Game and all Game
code, characters, weapons, monsters, loot, planets, storylines, imagery,
mythos, look and feel, concepts, game mechanics, environments and all other
Game elements, together with all related intellectual property in or to the
foregoing, on which your Mods may be built (“Game IP”). Hopoo reserves all rights, interest and title
to and in the Game and Game IP, including the right to independently develop
code, features, functions or otherwise that are identical or substantially
similar to your Mods. Hopoo may be developing or in the future develop
information internally or receive information from other parties that may be
similar or identical to your Mods. Hopoo
will not be restricted or forbidden from engaging in such development or from
receiving such information, nor will Hopoo be restricted from improving or
modifying the Game, any Game IP, any Hopoo technology or from expanding its
business scope. You hereby release Hopoo
from and forever waive any claims or causes of action you may now or in the
future have related to Hopoo’s activities described above.
If you provide any ideas, suggestions or recommendations to Hopoo
regarding the Game (“Feedback”), Hopoo is free to retain,
use and incorporate such Feedback in Hopoo’s products and/or services, including
the Game, without payment of royalties or other consideration.
This Section 4 does not constitute a license to any Game IP
or any proprietary materials of Hopoo. Except
as explicitly stated in this EULA, nothing in this EULA confers or shall be
construed as conferring any right or license to the other party’s intellectual
property rights, whether by estoppel, implication or otherwise.
5. Support Services; Contact. Hopoo is not obligated to provide any support
or maintenance services for the Game at this time. If you have any questions
regarding the Game, please contact us at contact@hopoogames.com.
6. No Warranty. YOU ACKNOWLEDGE AND AGREE THAT: (A) THE GAME
MAY CONTAIN BUGS, ERRORS, AND DEFECTS; (B) USE OF THE GAME IS AT YOUR SOLE
RISK; AND (C) THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY
AND EFFORT IS WITH YOU. ACCORDINGLY, THE GAME IS PROVIDED "AS IS,"
"AS AVAILABLE," WITH ALL FAULTS, DEFECTS AND ERRORS AND WITHOUT
WARRANTY OF ANY KIND. HOPOO DISCLAIMS ALL WARRANTIES (EXPRESS AND IMPLIED AND
ARISING BY LAW OR OTHERWISE) REGARDING THE GAME AND ITS SUITABILITY FOR YOUR
INTENDED USE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND
NON-INFRINGEMENT. HOPOO WILL HAVE NO LIABILITY OF ANY KIND FOR THE USE OF, OR
INABILITY TO USE, THE GAME OR ANY SERVICE THAT THE GAME IS INTENDED TO ACCESS
OR FOR ANY LOSS OF DATA. HOPOO does not REPRESENT OR warrant
that the Game will be delivered free of any interruptions, delays, omissions or
errors (“Faults”) or in a secure manner or that any Faults will be
corrected. NO ORAL OR WRITTEN INFORMATION OR
ADVICE GIVEN BY HOPOO OR ITS AUTHORIZED REPRESENTATIVES
WILL CREATE A WARRANTY. IN THE EVENT THAT THE GAME PROVES DEFECTIVE, YOU ASSUME
THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
The laws of some states or jurisdictions do not allow the exclusion
of implied warranties. To the extent that those laws apply, the exclusions set
forth above may not apply to you.
7. Indemnification. To the fullest extent permitted by applicable
law, you agree to defend, indemnify, and hold harmless Hopoo, its affiliates,
independent contractors and service providers, and each of their respective
members, directors, offices, employees and agents ("Representatives")
from and against all claims, damages, costs, liabilities and expenses
(including but not limited to reasonable attorneys' fees) arising out of or
related to your download or installation of and access to, or inability to download,
install or access, the Game. In the event of any claim that the Game, or your
possession or use thereof, infringes any intellectual property rights of a
third party, you agree to contact Hopoo.
Hopoo will, at its option, terminate the license granted herein, settle
or defend the claim.
8. Limitation of Liability. To the
fullest extent permitted by applicable law: (A) HOPOO AND ITS
REPRESENTATIVES WILL HAVE NO LIABILITY (WHETHER IN CONTRACT, WARRANTY, TORT,
NEGLIGENCE OR OTHERWISE) FOR ANY DAMAGES SUSTAINED BY YOU ARISING FROM YOUR DOWNLOAD
OR INSTALLATION OF, OR ACCESS TO, THE GAME, INCLUDING WITHOUT LIMITATION ANY
INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OR LOSS OF
DATA, EVEN IF HOPOO OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES; AND (B) YOU CAN RECOVER ONLY DIRECT DAMAGES FOR THE GREATER OF
$10.00 AND THE AMOUNT YOU PAID FOR THE GAME.
9. No Export. You may not use or otherwise export or
re-export the Game or any content contained therein, except as authorized by
United States law and the laws of the jurisdiction in which the Game or any
content was obtained. In particular, but without limitation, the Game and the
content contained therein may not be exported or re-exported to (a) any
U.S. embargoed countries, or (b) anyone on the U.S. Treasury Department's
list of Specially Designated Nationals or the U.S. Department of Commerce
Denied Person's List or Entity List.
10. Legal Compliance. By downloading and installing the Game, you
represent and warrant that: (a) you are not located in a country that is
subject to a U.S. Government embargo, or that has been designated by the U.S.
Government as a "terrorist supporting" country; and (b) you are not
listed on any U.S. Government list of prohibited or restricted parties. You will
comply with all applicable laws, rules and regulations, including but not
limited to U.S. export control laws.
11. Commercial Items. If acquired by any agency of the United
States government, such agency acknowledges that: (a) the Game constitutes
"commercial computer software" or "commercial computer software
documentation" for purposes of 48 C.F.R. §12.212 and 48 C.F.R. §227.7202,
as applicable and (b) such agency's rights are limited to those specifically
granted under this EULA.
12. Termination. Any use of the Game other than as
specifically authorized under this EULA, or the Steam Terms, without the prior
written permission of Hopoo is strictly prohibited and will immediately
terminate the license granted herein. Such unauthorized use may also violate
applicable laws, including without limitation copyright and trademark laws and
applicable communications regulations and statutes. You may terminate this EULA at any time by
(a) ceasing use of the Game and (b) deleting all copies of the Game in your
possession or control. Hopoo reserves the right to terminate this EULA at any
time, for any or no reason. In the event of termination, the license granted to
you herein will automatically terminate and you must immediately cease all use
of the Game and destroy all copies of the Game within your possession or
control.
13. Survival. Sections 1, 3-5, 6-11, 12 (last sentence
only) and 14-18 of this EULA will survive any termination of this EULA.
14. Updates and Modifications.
The terms of this EULA will govern any updates or upgrades provided by Hopoo,
unless such update or upgrade is accompanied by a separate license, in which
case the terms of that separate license will govern. Your next use of the Game
may be governed by a different EULA and it is your responsibility to check this
EULA periodically for changes. You use or continued use of the Game following
the posting of any changes to this EULA or any other posted policies will
constitute your acceptance of, and agreement to be bound by, the changed terms
or policies. Hopoo reserves the right to modify or discontinue, temporarily or
permanently, the Game (or any features or portions thereof) without prior
notice. Hopoo also may impose limits on the use of or access to the Game, in
any case and without notice or liability.
15. Dispute Resolution; Arbitration. If
any dispute arises between the under this EULA that cannot be resolved by
mutual agreement after correspondence and meetings between us, it will be
finally settled under the JAMS Comprehensive Arbitration Rules and Procedures,
by one or more arbitrators appointed in accordance with such Rules and
Procedures. Arbitration will be held in King
County, Washington, or at some other mutually agreeable location.
16. Governing Law and Venue. This EULA and your download and
installation of, and access to, the Game will be governed by and interpreted in
accordance with the laws of the State of Washington, without reference to its choice of
law rules. Each party irrevocably consents to the jurisdiction and venue of the
federal and state courts located in King County, Washington, with respect to any dispute
between the parties that is not subject to arbitration under this EULA.
17. Conflicts.
In the event of a conflict between the terms of this EULA and any other written
or oral agreement related to the Game, including the Steam Terms as applied to
the Game, the terms of this EULA will control.
An omission or supplemental term will not be deemed a conflict.
18. Miscellaneous. If any provision of this EULA is found to be
invalid or unenforceable, such provision will be deemed to be restated to
reflect the original intention of the parties to the maximum extent possible
and in accordance with applicable law, and the remaining provisions, terms,
covenants, and restrictions of this EULA will remain in full force and effect. You
may not assign this EULA or any of your rights under this EULA without the
prior written consent of Hopoo. Any attempted assignment without such consent will
be void. Subject to the foregoing restriction, this EULA will be fully binding
upon, inure to the benefit of, and be enforceable by Hopoo and our respective
successors and assigns. Any failure by Hopoo to insist upon or enforce
performance by you of any of the provisions of this EULA or to exercise any
rights or remedies under this EULA or otherwise by law will not be construed as
a waiver or relinquishment of any right to assert or rely upon the provision, right
or remedy in that or any other instance; rather, the provision, right or remedy
will be and will remain in full force and effect.