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author | Yaohan Chen | 2015-06-20 22:59:29 -0400 |
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committer | Yaohan Chen | 2015-06-20 22:59:29 -0400 |
commit | 227d69d344ecaf16c4099abaf5977853616fd510 (patch) | |
tree | a5573a569dbb4fa1e9f56142eeea39198a224629 /eula.txt | |
download | aur-227d69d344ecaf16c4099abaf5977853616fd510.tar.gz |
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diff --git a/eula.txt b/eula.txt new file mode 100644 index 000000000000..57164fcadc00 --- /dev/null +++ b/eula.txt @@ -0,0 +1,165 @@ +END USER LICENSE AGREEMENT + +Important notice to end user: + +This is the End User License Agreement (EULA) for "Anodyne". Please read +through this document carefully. By copying, installing, downloading, or +otherwise using this game software, you agree that you understand accept, and +comply with the terms set forth below. Failure to comply with these terms may +result in enforcement actions against you. + +This EULA is the binding legal agreement between you, the individual end user +("you"), and Analgesic Productions LLC ("Analgesic Productions", "we", "us"), a +Limited Liability Company, for the download, purchase, and use of the game +"Anodyne" ("Game"). For purposes of this Agreement the "Game" means +collectively the interactive video game client "Anodyne" and all applicable +clint software (including, among other things, installer softare, the game +client, launcher software, and download management software) that you will or +have installed on your computer, including all printed materials, digital or +electronic documentation obtained by you through our website, http:// +www.anodynegame.com/, or by any other distribution channels now known or +hereafter devised, regardless of the legal standing of that distributor. +LLIICCEENNSSEE + +Analgesic Productions owns all international copyrights in and to the Game +including but not limited to, all images, code, graphics, data files, game +elements, trade secrets, proprietary technology, sound effects, story, and +dialogue. We prohibit any copying, reproduction, and circumvention of +technology of the Game beyond the terms of this license. The Game is licensed +to you, as opposed to being sold or assigned to you, and your continued legal +use of the Game is contingent upon your compliance with this EULA. + +Upon payment of applicable license fees, we hereby grant you the non-exclusive, +non-transferrable, revocable, and limited right to license one copy of the Game +for your personal, non-commercial use. +Unless given prior written permission from Analgesic Productions, you may not +modify, distribute, transmit, display, perform, reproduce (except for one +archival and backup copy as permitted by applicable laws), publish, license, +create derivative works from, adapt, translate, sublicense, auction, rent, +lease or sell all or any part of the Game. Notwithstanding the foregoing, if +you are the proprietor of an Internet cafe or public gaming room, you may +operate the Software in a pay-for-play environment, provided that all computers +used have their own valid and individually licensed copy of the Game installed, +such Game having been purchased digitally through our website or any other +distribution mediums existing or hereafter devised. All rights not expressly +granted are reserved by Us. You agree that you have no interest, monetary or +otherwise, in any feature, content, or intellectual property contained in the +Game. +Absent a valid distribution Agreement between you and Analgesic Productions +LLC, you may not make the Game available on any third party network, FTP, +internet website, torrent site, file-sharing service, intranet, or "cloud" +whereby individuals other than you may download and install the Game. You +further agree that you will not link to any such third party network, torrent, +FTP, file-sharing service, intranet, or "cloud" that is not legally owned by +Analgesic Productions LLC or its distributors. +You agree that Analgesic Productions LLC may collect personally identifiable +information from you for purposes related to your use of our products and +services and that some personally identifiable information provided by you may +be stored outside the country in which you reside. More info on our privacy +policy _h_e_r_e. +We may make available, or authorize others to make available, both official and +fan/end-user created localization files of the original game subject to the +terms and conditions set forth in this EULA. These additional files are +considered Game Assets and are subject to the same license restrictions set +forth herein. Lawful purchasers of the original Game who elect to enable +localized versions of the Game are bound to the terms of this EULA regardless +of whether this EULA itself is localized. + +DISCLAIMER: + +All characters, events, and portrayals contained in the Game are purely +fictional and any resemblance to real events or real individuals whether alive +or dead is purely coincidental. We do not claim any rights or interest in or to +existing trademarks, trade names, personalities or likenesses that may +incidentally resemble an existing product, service, or person. + +LLIIMMIITTAATTIIOONN OOFF LLIIAABBIILLIITTYY:: + +All Information, Content, Services, And Material Available In The Game And +Software Are Provided On An "As Is" Basis. To The Full Extent Applicable By +Law, We Disclaim Any Warranties Or Representations Of Any Kind, Express Or +Implied, Including Any Warranty Of Merchantability Or Fitness For A Particular +Purpose. We Do Not Warrant The Non-Infringement Of Intellectual Property or +Proprietary Rights. +Your Purchase And Use Of The Game Is Done So At Your Own Risk. We Do Not +Warrant That Your Ability To Play The Game Will Be Timely, Secure, +Uninterrupted, Or Defect-Free. In No Event Will Analgesic Productions LLC +(Including Its Officers, Directors, Employees, Or Agents) Nor Its Affiliates Be +Liable For Direct, Indirect, Incidental, Special, Exemplary, Or Consequential +Damages (Including But Not Limited To Lost Profits, Loss Of Business, +Procurement Of Substitute Goods Or Services, Loss Of Use Or Loss Of Data, Or +Business Interruption) However Caused And On Any Theory Of Liability, Whether +In Contract, Strict Liability, Or Tort Arising In Any Way Out Of Purchase Or +Use Of The Game. +In Addition, Analgesic Productions LLC And Its Licensors And Distributors +Disclaim Any And All Warranties With Respect To The Privacy And Integrity Of +The Computer Resources You Use To Operate The Software. Neither We Nor Our +Licensors Or Distributors Shall Be Liable For Any Disruptions, Delays Or Other +Omissions In Any Connection, Data Exchange Or Other Interaction That You May +Experience When You Use The Game. Neither We Nor Our Licensors Or Distributors +Shall Be Responsible For The Conduct Of Any Users Or Computers That Connect, +Exchange Data, Or Otherwise Interact With You Or Your Computer As A Result Of +Your Use Of The Game. +Analgesic Productions LLC Is Not Responsible For Any End User Generated Content +Such As Mods Or Fan-Produced Localizations Of The Game. Your Use Of Any +Modified Or Fan-Localized Version Of The Game Is Done At Your Sole Risk. We Are +Not Responsible For The Cessation Of Any Part Of The Game Due To The +Implementation Of Any Mod Or Localization. + +DISPUTE RESOLUTION POLICY: + +You agree to follow this Agreement's dispute resolution policy as set forth +below in connection with any potential claims or disputes arising from your +purchase and use of the Game: + +Informal Negotiations. Parties to a dispute concerning this Agreement or +purchase and use of the Game will attempt to informally negotiate a potential +settlement or resolution to the dispute; +Online Arbitration. In the event that informal negotiations are unsuccessful, +the parties agree to follow the American Arbitration Association.s online +arbitration procedures to resolve the dispute. +Binding Arbitration. If for any reason online arbitration is unsuccessful or +unavailable to the parties, parties agree to submit to binding arbitration in +the jurisdiction of Chicago, Illinois. + +Our failure to enforce at any time any of the provisions of this EULA or +related agreements 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. The express waiver by Analgesic +Productions LLC of any provision, condition or requirement of this EULA or +related agreements shall not constitute a waiver of any future obligation to +comply with such provision, condition or requirement. Notwithstanding anything +else in this EULA, no default, delay or failure to perform on the part of +Analgesic Productions LLC shall be considered a breach of this EULA if such +default, delay or failure to perform is shown to be due to causes beyond our +reasonable control. + +MISCELLANEOUS PROVISIONS: + +Jurisdiction and Choice of Law. The validity, interpretation, and performance +of this EULA are governed and controlled by the laws and regulations of the +state of Illinois. In the event of a dispute you agree to submit to the +personal and exclusive jurisdiction of the State and Federal Courts of Chicago, +Illinois. +Severability. If any portion of this EULA is found invalid by any competent +Court of Law, the invalidity will not affect other provisions or applications +of the remainder of this EULA which can be given effect without the invalid +portion. +Notification of Changes to this Agreement. We may from time to time change this +Agreement. You agree that notification to you of these changes will be +effective upon posting those notifications and changes on the Defender.s Quest +web site. +Prior Versions. This EULA, including our Privacy Policy, constitutes the full +understanding of your agreement with us. Any prior versions of this document +have no effect on this Agreement. +Assignment. This EULA, including our Privacy Policy, may be assigned by +Analgesic Productions LLC to any third party at our sole discretion by +acquisition of the Game assets or company, or by merger. +Legal Fees. In the event that either party is required to obtain the assistance +of an attorney in order to enforce the terms of this Agreement, the Party +prevailing in such an enforcement action will be entitled to recovery of all +reasonable attorney.s fees in connection with such action. + +_P_r_i_v_a_c_y_ _P_o_l_i_c_y + +May 1st, 2013 by Sean Hogan |