+++ /dev/null
- On the Rain-Slick Precipice of Darkness, Episode One
-
-
- End User License Agreement (EULA)
-
-YOU SHOULD CAREFULLY READ THE FOLLOWING END USER LICENSE AGREEMENT
-BEFORE USING THIS SOFTWARE PROGRAM. BY USING THIS SOFTWARE PROGRAM, YOU
-AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. *IF YOU DO NOT AGREE
-TO THE TERMS OF THIS AGREEMENT, CLICK "QUIT" AND CEASE ALL USE OF THIS
-SOFTWARE.*
-
-This software program, including any electronic documentation
-(collectively, the "Program"), any printed materials, and any and all
-copies of such Program and materials are the copyrighted work of Hothead
-Games, Inc. ("Hothead") and/or its affiliates or subsidiaries, and/or
-its suppliers or licensors. All rights are reserved, except as expressly
-stated below. Your use of the Program is governed by the terms of this
-End User License Agreement (the "License Agreement"). The Program is
-solely for use by end users according to the terms of the License
-Agreement. Any use, reproduction or redistribution of the Program not in
-accordance with the terms of the License Agreement is expressly
-prohibited.
-
- 1. *Thank You.* /We, Hothead, would first like to thank you for
- licensing the Program. We know you probably don't care much for
- reading through EULAs, but our lawyers want to make sure we keep
- control and ownership of the stuff we and our licensors have spent
- so much time, effort and energy developing. In order to keep
- developing cool stuff that we hope provides you hours and hours of
- entertainment and fun, we have to make sure you understand and agree
- that you are just buying the right to use the Program and that there
- are certain limits to your rights to use the Program. What follows
- is what you need to agree to before you can use the Program./
-
- 2. *Limited Use License.* /Like we mentioned above, you are buying the
- right to use the Program, not the rights to the Program itself./
- Hothead hereby grants, and by using the Program you thereby accept,
- a limited, non-exclusive license and right to install and/or use the
- Program on your personal computers belonging or primarily used by
- you (for example, on your home computer(s) and a laptop) with the
- express understanding that the Program is licensed, not sold, and
- that your license confers no title or ownership of the Program. If
- you wish to use the Program on more computers than the program
- automatically allows, Hothead's customer support may (in its sole
- discretion) increase the number of computers on which the Program
- may be used on a case by case basis. /If you need to increase any
- limits the game places on the number of installs you can use, simply
- contact us and we'll be happy to adjust the settings on your license
- code to make this happen./ This license is not a sale of the
- original software program (which means that the fee you paid gives
- you the right only to use the Program). To avoid any
- misunderstandings, the license granted hereunder is for one
- individual person and the Program will be deemed in "use" on a
- computer when it is loaded onto temporary memory (i.e., RAM) or
- installed into the permanent memory (e.g., hard disk, CD-ROM or
- other storage device) of a computer. Installation of the Program on
- a network server is strictly prohibited. Nothing in this Agreement
- shall be construed as granting any right to use the Program on a
- computer that is not owned or primarily used by you.
-
- 3. *Intellectual Property Ownership.* /In order to keep making cool
- games in the future, we need to make sure that you understand who
- owns the intellectual property rights to the Program./ All title,
- ownership rights and intellectual property rights in and to the
- Program and any and all copies thereof (including but not limited to
- all copyrights, trademarks, trade secrets, trade names, proprietary
- rights, patents, titles, computer code, themes, objects, characters,
- character names, stories, dialog, catch phrases, locations,
- concepts, artwork, animations, sounds, musical compositions,
- audio-visual effects, methods of operation, moral rights, any
- related documentation, and "applets" incorporated into the Program)
- are owned by Hothead or its licensors. The Program is protected by
- the copyright laws of Canada, the United States, international
- copyright treaties and conventions and other laws. All rights are
- reserved. The Program contains certain licensed materials and
- Hothead's licensors may protect their rights in the event of any
- violation of this Agreement. The Program may not be copied or
- reproduced in any manner or medium, in whole or in part, without
- prior written consent from Hothead.
-
- 4. *Responsibilities of End User.* /We've mentioned this before, but it
- probably won't hurt to be a bit more detailed about what you're
- agreeing to by licensing the Program. We want you to be able to
- enjoy the games we make to the maximum extent possible, but our
- lawyers tell us we have to set some rules about what you can and
- can't do to keep from getting us in trouble (and to allow us to stay
- in business and keep making cool new games). So by licensing the
- Program you agree to the following:/
- 1. Subject to the license grant above, you may not, in whole or in
- part, copy, photocopy, reproduce, translate, reverse engineer,
- derive source code, modify, disassemble, decompile, modify or
- create derivative works based on the Program or any part
- thereof, or remove any proprietary notices or labels on the
- Program without the prior written consent of Hothead. You may
- not work around any technical limitations in the Program.
-
- 2. The Program is licensed to you as a single product. Its
- component parts may not be separated for use on more than one
- computer.
-
- 3. You are entitled to use the Program for your personal use, but
- you are not entitled to sell, grant a security interest in or
- transfer reproductions of the Program or otherwise distribute
- copies of the Program to other parties in any way, nor to rent,
- lease or license the Program to others without the prior written
- consent of Hothead.
-
- 4. You are expressly prohibited from selling or otherwise profiting
- from any levels, add-on packs, sequels or other items based upon
- or related to the Program or created by use of any part of the
- Program. If you create levels, add-on packs, sequels or other
- items to the Program, including the construction of new levels
- (collectively, the "Modifications"), you are subject to the
- following restrictions:
- 1. Modifications are considered separate from the Program in
- the sense that they are not guaranteed or supported by
- Hothead. However, by creating a Modification you shall be
- deemed to have assigned in favour of Hothead all copyrights
- and intellectual property rights to the Modifications;
-
- 2. your Modifications must require a full, licensed copy of the
- Program to run;
-
- 3. your Modifications must not contain any libellous,
- defamatory or other illegal material, material that is
- scandalous or invades the rights of privacy or publicity of
- any third party, or contain any trademarks,
- copyright-protected work or other property of third parties;
-
- 4. your Modifications must be distributed solely for free.
- Neither you nor any other person or party may sell them to
- anyone, commercially exploit them in any way, or charge
- anyone for using them without a license from Hothead.
-
- 5. The prohibitions and restrictions in this Section apply to
- anyone in possession of the Program or any of your
- Modifications. For greater certainty, notwithstanding anything
- to the contrary in this Agreement, you are not permitted to
- reverse engineer, decompile or disassemble the Program in any
- way. Any copying of the Program not specifically allowed in this
- Agreement is a violation of this Agreement.
-
- 5. *Compliance with Ratings.* /To keep the politicians from carrying
- through on their threats to decide what video games you should and
- shouldn't be able to play (and what developers can and can't
- create), we need to make sure you understand the rating given to the
- Program is important and that you agree to use the Program in
- accordance with its rating./ The Program may consist of a video game
- that has been rated by one or more ratings boards (a "Rating
- Board"). By using the Program you expressly represent, warrant and
- agree that:
-
- 1. you are aware of the rating (the "Rating") issued to the Program
- by the applicable Rating Board in the jurisdiction in which you
- reside or will otherwise be using the Program;
-
- 2. you are of an appropriate age to use the Program in accordance
- with the Rating issued in such jurisdiction;
-
- 3. you will not permit use of the Program by those under the age
- set out in the Rating in the jurisdiction in which you reside or
- will otherwise be using or permitting use of the Program.
-
- YOU AGREE TO INDEMNIFY AND HOLD HARMLESS HOTHEAD FROM AND AGAINST
- ANY CAUSE OF ACTION, ACTION, SUIT, PROCEEDING AGAINST OR DAMAGES OR
- OTHER LIABILITY SUFFERED BY HOTHEAD IN CONNECTION WITH YOUR BREACH
- OF THIS SECTION 5.
-
- 6. *No Transfer.* /What is this "transfer", you ask? It means that once
- you accept, you can't sell or give the game to someone else./ You
- may not transfer or assign this Agreement or any of your rights or
- obligations under this Agreement.
-
- 7. *Termination.* /We hope this section never has to come into play (or
- section 12 for that matter), as that means you are doing something
- you shouldn't be under the terms of this Agreement (which would suck
- for both of us, but more for you as it means we have to get our
- lawyers involved)./ This Agreement is effective until the earlier of
- (i) termination of this License Agreement by you or Hothead or (ii)
- termination of this Agreement in the event you fail to comply with
- any term contained herein, in which event this Agreement shall be
- deemed to terminate automatically. You may terminate this Agreement
- at any time by destroying all copies of the Program in your
- possession. Hothead may, at its discretion, terminate this License
- at any time upon notifying you of such termination (including by way
- of public notice to all licensees of the Program). In such event
- /(or if you are bad and are not complying with the terms of this
- agreement)/, you must immediately destroy all copies of the Program
- in your possession. Any license agreement to which you may have
- previously agreed that governs your use of prior versions of the
- Program is hereby terminated and is replaced by this agreement. The
- provisions of Sections 3, 7, and 10-13 will survive any termination
- of this Agreement.
-
- 8. *Updates; New Versions.* /We can't support all versions forever but
- we will do our best to support the latest version that we have made
- available./ Hothead may, in its sole discretion, provide updates or
- new versions of the Program in the future. Hothead may provide such
- updates or future versions subject to a separate license, which may
- by its terms terminate this license pursuant to Section 7. Hothead
- shall have no obligation to provide support or updates for the
- Program.
-
- 9. *Export Controls.* /Don't be a criminal . . . I mean, what else can
- we say here?/ You agree to comply with all applicable laws,
- regulations, rulings and executive orders of any governmental
- authority relating to the exportation or importation of the Program,
- including but not limited to the export and destination control
- regulations for Canadian goods.
-
-10. *No Warranties.* /We have no idea what you have already on your
- computer and what state or health your computer is in. The entire
- risk arising out of use or performance of the Program remains with
- you./ THE PROGRAM IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND,
- EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE
- IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
- PURPOSE, OR NONINFRINGEMENT. ANY WARRANTY AGAINST INFRINGEMENT THAT
- MAY BE PROVIDED IN SECTION 2-312(3) OF THE UNIFORM COMMERCIAL CODE
- IN THE UNITED STATES AND/OR IN ANY OTHER COMPARABLE STATE,
- PROVINCIAL OR FEDERAL STATUTE IS EXPRESSLY DISCLAIMED. Some
- jurisdictions do not allow the exclusion or limitation of implied
- warranties, so the above limitations may not apply to you to that
- extent.
-
-11. *Limitation of Liability.* HOTHEAD SHALL NOT BE LIABLE TO YOU, OR TO
- ANY PERSON ACCESSING GAMEPLAY AS A RESULT OF THE LICENSE GRANTED TO
- YOU, IN ANY WAY FOR LOSS OR DAMAGE OF ANY KIND RESULTING FROM YOUR
- USE OF THE PROGRAM, INCLUDING, BUT NOT LIMITED TO, LOSS OF GOODWILL,
- WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER
- COMMERCIAL DAMAGES OR LOSSES ARISING OUT OF THE USE OF OR INABILITY
- TO USE THE PROGRAM, EVEN IF HOTHEAD HAS BEEN ADVISED OF THE
- POSSIBILITY OF SUCH DAMAGES. FURTHER, HOTHEAD SHALL NOT BE LIABLE IN
- ANY WAY FOR THE LOSS OR DAMAGE TO ANY PLAYER CHARACTERS, ACCOUNTS,
- STATISTICS OR USER PROFILE INFORMATION. YOU UNDERSTAND AND
- ACKNOWLEDGE THAT HOTHEAD CANNOT AND WILL NOT BE RESPONSIBLE FOR ANY
- INTERRUPTIONS OF ONLINE GAMEPLAY, INCLUDING, BUT NOT LIMITED TO ISP
- DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES OR ANY OTHER EVENT WHICH
- MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF ONLINE GAMEPLAY. Some
- jurisdictions do not allow the exclusion or limitation of incidental
- or consequential damages, so the above limitations may not apply to
- that extent. In no event shall our total liability to you for any
- and all damages, losses and causes of action (whether in tort,
- contract or otherwise) exceed the amount paid by you for the
- Program.
-
-12. *Equitable Remedies.* /We need to make sure we can put a quick stop
- to anyone doing something they shouldn't be under this agreement./
- You hereby agree that Hothead would be irreparably damaged if the
- terms of this Agreement were not specifically enforced, and
- therefore you agree that Hothead 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 Hothead may otherwise have available to it
- under applicable laws. In the event any litigation is brought by
- either party in connection with this Agreement, the prevailing party
- in such litigation shall be entitled to recover from the other party
- all the costs, attorneys' fees and other expenses incurred by such
- prevailing party in the litigation.
-
-13. *Miscellaneous*
- 1. This Agreement shall be deemed to have been made and executed in
- the Province of British Columbia, Canada and any dispute arising
- hereunder shall be resolved in accordance with the law of
- British Columbia. You agree that any claim asserted in any legal
- proceeding by you against Hothead or its licensors shall be
- commenced and maintained in a court located in Vancouver,
- British Columbia having subject matter jurisdiction with respect
- to the dispute between the parties.
-
- 2. Hothead reserves the right, at its sole discretion, to change,
- modify, add to, supplement or delete any of the terms and
- conditions of this Agreement, effective upon prior notice as
- follows: Hothead will post notification of any such changes to
- this Agreement on the its website, and may provide such other
- notice as Hothead may elect in its sole discretion.
-
- 3. In the event that any provision of this Agreement shall be held
- by a court or other tribunal of competent jurisdiction to be
- unenforceable, such provision will be enforced to the maximum
- extent permissible and the remaining portions of this Agreement
- shall remain in full force and effect.
-
- 4. This Agreement constitutes and contains the entire agreement
- between the parties with respect to the subject matter hereof
- and supersedes any prior oral or written agreements.
-
- You hereby acknowledge that you have read and understand the
- foregoing terms of this Agreement and agree that the act of using
- the Program is an acknowledgment of your agreement to be bound by
- the terms and conditions of this Agreement. You also acknowledge and
- agree that this Agreement is the complete and exclusive statement of
- the agreement between Hothead and you with regard to the subject
- matter hereof and that this Agreement supersedes any prior or
- contemporaneous agreement, either oral or written, and any other
- communications between Hothead and you regarding the subject matter
- hereof.
-
-/That's it! Not so bad, right? Thanks for supporting us and reading all
-the way to the end./
projects / gentoo.git / commitdiff