End user agreement for Coloplop
ELECTRONIC END-USER SOFTWARE LICENSE AGREEMENT
Coloplop is fun puzzle game (software).
1. All rights not expressly granted here are reserved by RiddleGames.
2. All copyrights to "Coloplop" are exclusively owned by the author - RiddleGames.
3. You may distribute copies of the demo version of the Software freely to other individual users, provided that any copy must contain the original, unaltered files and proprietary notices. You have the ability to register the demo version at any time by purchasing a license for the full version from RiddleGames.
4. "Coloplop" IS DISTRIBUTED "AS IS". NO WARRANTY OF ANY KIND IS EXPRESSED OR IMPLIED. YOU USE "Coloplop" AT YOUR OWN RISK. THE AUTHOR WILL NOT BE LIABLE FOR DATA LOSS, DAMAGES, LOSS OF PROFITS OR ANY OTHER KIND OF LOSS WHILE USING OR MISUSING THIS SOFTWARE.
5. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, otherwise reverse engineer, or transfer the licensed program, or any subset of the licensed program, except as provided for in this agreement. Any such unauthorized use shall result in immediate and automatic termination of this license and may result in criminal and/or civil prosecution.
6. The terms of this license, as well as the "Coloplop" interface design are subjects of changes in future versions of "Coloplop".
7. When you purchase a license for the "Coloplop", you will receive the full registered version. You agree not to distribute the registered version to others and to use it only for your own personal use. You acknowledge that distribution of the registered version to others, whether intentional or unintentional, could damage RiddleGames both financially and professionally. Any unauthorized distribution of your registered version will result in immediate and automatic termination of your license.
8. Installing and using "Coloplop" signifies acceptance of these terms and conditions of the license.
9. If you do not agree with the terms of this license you must remove "Coloplop" files from your storage devices and cease to use the product.
Thank you for using "Coloplop".
IMSI FUELLED BY FUSION RUNTIME DISTRIBUTION AGREEMENT
THIS AGREEMENT is made by and between IMSI, a California corporation (“IMSI”) and Riddle Games Inc. (“Licensee”).
WHEREAS Licensee has purchased a copy of IMSI Multimedia Fusion, subject to the terms of an end user license agreement included with product (the “End User License”) which contains provisions regarding the use of the Program.
WHEREAS the End User License requires that Licensee enter into a IMSI Multimedia Fusion Runtime Distribution Agreement (the “Agreement”) in order to distribute an End User Product with the Runtime Player, other than for Licensee’s internal use or for the internal use of one of Licensee’s clients.
WHEREAS Licensee desires to distribute the Runtime Player with the End User Product described in Schedule A hereto (the “Distributed Product”) and IMSI is willing to grant a license for such distribution to Licensee on the terms and conditions set out in this Agreement.
NOW THEREFORE, in consideration of the mutual promises, covenants and obligations contained herein, the parties agree as follows:
1. This Agreement supplements and amends the End User License which is incorporated herein by reference. Licensee acknowledges and agrees to be bound by the terms of this Agreement and the End User License.
2. Section headings are used in this Agreement for convenience of reference only and shall not affect the meaning of any provision of this Agreement.
3. Capitalized terms shall have the meanings defined in the End User License or defined in this Agreement.
4. “Logo” means the Fuelled by Fusion logo in the form specified by IMSI from time to time.
1. Subject to the terms and conditions of this Agreement, IMSI hereby grants Licensee a non-exclusive, non-transferable, perpetual, worldwide, royalty-free license to reproduce, incorporate, display, transmit and distribute object code copies of the Runtime Player only as part of the Distributed Product.
2. The license granted under Section B1 is specifically conditional upon Licensee complying with all of the provisions of Section C hereof.
3. Licensee may add additional Distributed Products to this Agreement by completing and forwarding to IMSI a completed Schedule A for each such Distributed Product. Upon receipt of a completed Schedule A by IMSI such Schedule shall be incorporated into this Agreement and the Distributed Product listed therein shall be governed by the terms and conditions of this Agreement.
C. MARKINGS AND NOTICES
1. Licensee agrees to include the Logo on the outside packaging of each Distributed Product which includes the Runtime Player.
2. Licensee agrees to include the Logo on the splash screen or credit screen of each Distributed Product.
3. Licensee agrees to include the following copyright notice in the hard copy or electronic documentation for each Distributed Product which includes the Runtime Player: IMSI Runtime Player and Europress Software Ltd., 1998.
4. Section C1 shall not apply in the following circumstances (i) where Distributed Product is distributed by online access or distribution, (ii) where Distributed Product is bundled with other third-party software and Licensee is not the manufacturer of the bundled product and (iii) where the Distributed Product is shareware or (iv) where the Distributed Product is distributed for free and is not of a commercial or marketing nature.
5. Section C1, C2 and C3 shall not apply (i) where the Distributed Product is shareware or (ii) where the Distributed Product is distributed for free and is not of a commercial or marketing nature.
D. TRADEMARKS AND STANDARDS
1. Solely for the purpose of complying with the Logo requirements set out in Section C above, and subject to the terms and conditions of this Agreement, IMSI hereby grants Licensee a non-exclusive, non-transferable, perpetual, worldwide, royalty-free license to use the Logo in connection with the reproduction, manufacturing and marketing of Distributed Products. Licensee may not use, reproduce or display the Logo in any manner whatsoever other than as expressly described in Exhibit B hereto as may be amended by IMSI from time to time upon at least thirty (30) days prior written notice to Licensee.
2. Licensee acknowledges IMSI and/or its Licensor’s exclusive right, title and interest in and to the Logo and agrees that it shall not in any manner represent that it has any ownership in the Logo. Licensee also acknowledges that use of the Logo shall not create in Licensee’s favor any right, title, or interest in or to the Logo, and that all uses of the Logo by Licensee shall inure to the benefit of IMSI and/or its Licensor’s. Licensee may not use the Logo in any way as an endorsement or sponsorship by IMSI of the Distributed Product or of any other product or service of Licensee. Licensee shall not register or attempt to register the Logo or any trademark that is confusingly similar to the Logo.
3. Licensee represents that it will not use the Logo for products which, in IMSI or its Licensor’s reasonable judgment, will diminish or otherwise damage IMSI and/or its Licensor’s goodwill in the Logo, including but not limited to uses which could be deemed to be obscene, pornographic, excessively violent or otherwise in poor taste or unlawful; or which purpose or objective is to encourage unlawful activities; or which do not meet or exceed industry standards for like products in the marketplace. Licensee shall not be entitled and shall not be required to comply with Sections C1 and C2 for any Distributed Product which may diminish or otherwise damage IMSI and/or its Licensor’s goodwill in the Logo, as set out above. Refusal by Licensee to submit specimens or samples hereunder or non-compliance by Licensee with the standards of quality and guidelines for using the Logo set out in Schedule B shall be grounds for IMSI to terminate this Agreement.
4. IMSI shall have the right, from time to time, to request and be supplied with samples or specimens of products and other materials on which the Logo is displayed and Licensee agrees to promptly provide such materials to IMSI upon request. Licensee shall remedy any deficiencies in its use of the Logo upon reasonable notice from IMSI and shall remove the Logo immediately from any Distributed Product which IMSI and/or its Licensor’s determines does not meet the standards set out in D3 above.
5. Licensee hereby agrees to indemnify and hold IMSI and/or its Licensor’s harmless against any loss, liability, damage, cost, or expense (including reasonable legal fees) arising out of any claims or suits, whatever their nature and however arising, that may be brought or made against IMSI and/or its Licensor’s (i) by reason of Licensee’s breach, default, performance or nonperformance of this Agreement; (ii) arising out of the use by Licensee of the Logo in any manner whatsoever except in the form expressly licensed hereunder; and/or (iii) for any personal injury, product liability, or other claim arising from the production, promotion distribution, sale and/or offer for sale, and/or performance of the Distributed Products (other than the Runtime Player), or of the contents therein. IMSI shall promptly notify Licensee, in writing, of any claim or proceeding brought against it for which it seeks indemnification hereunder.
6. IMSI and/or its Licensor’s agrees to defend Licensee and pay the amount of any adverse final judgment (or settlement to which IMSI consents to in writing) resulting from third-party claim(s) that the Logo infringes any registered trademark rights enforceable in the United States or Canada, provided IMSI is notified promptly in writing of such claim and has the sole control over the defense or settlement and Licensee provides reasonable assistance in the defense of same. IMSI shall have no liability for any claim based on Licensee’s use of the Logo after IMSI’s notice that Licensee should cease use of the Logo as provided for in Section D4 above. IMSI MAKES NO WARRANTIES. THE DEFENSE PURSUANT TO SECTION D6 IS EXCLUSIVE AND IS IN LIEU OF ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE LOGO, INCLUDING ANY WARRANTY OF NON-INFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL COREL BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING LOSS OF BUSINESS PROFITS) ARISING FROM OR RELATED TO LICENSEE’S MARKETING, DISTRIBUTION OR ANY USE OF THE LOGO EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
E. TERM & TERMINATION
1. This Agreement shall become effective on the date it is received by IMSI.
2. Licensee may terminate this Agreement, at any time, by ceasing to distribute Distributed Products which include the Runtime Player.
3. IMSI may terminate this Agreement in the event that Licensee is in material breach of any provision of this Agreement and such breach is not cured within 30 days following receipt by Licensee of notice of breach of the Agreement by IMSI.
4. IMSI may terminate, at any time, Licensee’s right and obligation to display the Logo as required under Sections C1 and C2.
1. All notices required under this Agreement shall be in writing, will be effective as of the date of receipt, and shall be delivered or mailed certified receipt or sent by confirmed facsimile to each party at the addresses set at the beginning of this Agreement, to the attention of the Multimedia Fusion Licensing Department in the case of IMSI.
2. The licenses granted to Licensee in this Agreement are personal to Licensee, and Licensee shall not assign, transfer or sublicense this Agreement (or any right granted herein) in any manner without the prior written consent of IMSI.
3. This Agreement shall be governed by and construed in accordance with the laws of the California. Licensee hereby consents to jurisdiction and venue in either state court in San Francisco, CA or the 9 Circuit Federal District court in San Francisco, CA. If either party employs attorneys to enforce any rights arising out of or related to this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys’ fees, costs and other expenses.
4. No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
5. If any provision of this Agreement, or any other agreements incorporated herein, shall be held by a court of competent jurisdiction to be illegal, invalid or unenforceable, the remaining provisions shall remain in full force and effect.
6. Neither this Agreement, nor any terms and conditions contained herein, shall be construed as creating a partnership, joint venture or agency relationship or as granting a franchise.
7. This Agreement and the End User License contains the entire agreement of the parties with respect to the subject matter hereof, and shall supersede and merge all prior and contemporaneous communications. This Agreement shall not be amended except by a written agreement signed on behalf of the parties by their respective authorized representatives.
8. The provisions of Sections D2, D3, D5, D6, F3, F4, and F5 shall survive expiration or termination of this Agreement.
By signing in the space below you agree to all of the terms and conditions of The Runtime Distribution Agreement.
Licensee: Riddle Games Inc.