path: root/eula.txt

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