license.rtf

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.  Installing and using the Spectromancer Program signifies acceptance of these terms and conditions of the license. If you do not agree with the terms of this license you must remove Spectromancer Program files from your storage devices and cease to use the product.

1.  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 Three Donkeys LLC ("Three Donkeys LLC") 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.

2. Limited Use License.

Three Donkeys LLC 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, Three Donkeys LLC or its affiliate’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.

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 Three Donkeys LLC 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 Three Donkeys LLC'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 Three Donkeys LLC. Spectromancer is a trademark of Three Donkeys LLC.

4. Responsibilities of End User.

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 Three Donkeys LLC. Any such unauthorized use shall result in immediate and automatic termination of this license and may result in criminal and/or civil prosecution.

You may not work around any technical limitations in the Program.
 

The Program is licensed to you as a single product. Its component parts may not be separated for use on more than one computer.
 

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 Three Donkeys LLC.

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.

Any copying of the Program not specifically allowed in this Agreement is a violation of this Agreement.

5. Compliance with Ratings.

By using the Program you expressly represent, warrant and agree that:

·                      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;

·                      you are of an appropriate age to use the Program in accordance with the Rating issued in such jurisdiction;

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 THREE DONKEYS LLC FROM AND AGAINST ANY CAUSE OF ACTION, ACTION, SUIT, PROCEEDING AGAINST OR DAMAGES OR OTHER LIABILITY SUFFERED BY THREE DONKEYS LLC IN CONNECTION WITH YOUR BREACH OF THIS SECTION 5.

6. No Transfer.

You may not transfer or assign this Agreement or any of your rights or obligations under this Agreement.

7. Termination.

This Agreement is effective until the earlier of (i) termination of this License Agreement by you or Three Donkeys LLC 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. Three Donkeys LLC 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 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, 4, 7, and 10-14 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. Three Donkeys LLC may, in its sole discretion, provide updates or new versions of the Program in the future. Three Donkeys LLC may provide such updates or future versions subject to a separate license, which may by its terms terminate this license pursuant to Section 7.

9. Support.

THREE DONKEYS LLC OR ITS AFFILIATES may provide you with support services related to the SPECTROMANCER Program ("Support Services"). Any supplemental software code provided to you as part of the Support Services shall be considered part of the SPECTROMANCER PRODUCT and subject to the terms and conditions of this EULA.

Three Donkeys LLC shall have no obligation to provide support or updates for the Program.

10. Export Controls.

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.

11. No Warranties.

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. YOU USE AT YOUR OWN RISK, AND THE DEVELOPER WILL NOT BE LIABLE FOR DATA LOSS, DAMAGES, LOSS OF PROFITS OR ANY OTHER KIND OF LOSS WHILE USING OR MISUSING THIS SOFTWARE. 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. THREE DONKEYS LLC does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the PRODUCT. THREE DONKEYS LLC makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program. THREE DONKEYS LLC further expressly disclaims any warranty or representation to Authorized Users or to any third party.

12. Limitation of Liability.

THREE DONKEYS LLC 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 THREE DONKEYS LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, THREE DONKEYS LLC 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 THREE DONKEYS LLC 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. 

13. Equitable Remedies.

You hereby agree that Three Donkeys LLC would be irreparably damaged if the terms of this Agreement were not specifically enforced, and therefore you agree that Three Donkeys LLC 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 Three Donkeys LLC 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.

14. Miscellaneous
This Agreement shall be deemed to have been made and executed in the State of Washington, USA and any dispute arising hereunder shall be resolved in accordance with the law of Washington. You agree that any claim asserted in any legal proceeding by you against Three Donkeys LLC or its licensors shall be commenced and maintained in a court located in Washington State having subject matter jurisdiction with respect to the dispute between the parties.

Three Donkeys LLC 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: Three Donkeys LLC will post notification of any such changes to this Agreement on the its website, and may provide such other notice as Three Donkeys LLC may elect in its sole discretion.

Severability. 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.

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 Three Donkeys LLC 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 Three Donkeys LLC and you regarding the subject matter hereof.