End user agreement for BattlePets
END-USER LICENSE AGREEMENT FOR AGGRESSIVE GAME DESIGNS SOFTWARE
IMPORTANT READ CAREFULLY: This Aggressive Game Designs End-User License Agreement (EULA) is a legal agreement between you (either an individual or a single entity) and Aggressive Game Designs for the Aggressive Game Designs software which may include online or electronic documentation ("Software") provided in the Aggressive Game Designs software game you have acquired. By installing, copying, or otherwise using the Software you agree to be bound by the terms of this EULA. If you do not agree to the terms of this Agreement, you are not authorized to use the Software and, within 60 days of purchase, you are eligible for a refund for the purchase price of uninstalled software.
The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software is licensed, not sold.
1. GRANT OF LICENSE. This EULA grants you the following rights: Aggressive Game Designs grants to you the right to use copies of the Software only as part of the Aggressive Game Designs software game that such Software was included.
2. RESTRICTIONS. --You must maintain all copyright notices on all copies of the Software.--You may not distribute copies of the Software to third parties. --You may not reverse engineer, decompile, or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. --You may not rent, lease, or lend the Software. --You may permanently transfer all of your rights under this EULA only in conjunction with a permanent transfer of your copy of the Aggressive Game Designs software game in which the Software was included.
3. TERMINATION. Your rights under this EULA terminate upon the termination of your Aggressive Game Designs EULA, or without prejudice to any other rights, Aggressive Game Designs may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the Software.
4. COPYRIGHT. All title and copyrights in and to the Software and any copies thereof are owned by Aggressive Game Designs or its suppliers.
5. NO WARRANTY. Any use of the Software is at your own risk. The Software is provided for use only with Aggressive Game Designs products and the Aggressive Game Designs software game in which you received it. To the maximum extent permitted by applicable law, Aggressive Game Designs and its suppliers disclaim all warranties and conditions, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and noninfringement, even if Aggressive Game Designs has been advised of the possibility of such damages. In no event will Aggressive Game Designs' liability for any claim, whether in contract, tort, or any other theory of liability, exceed the license fee paid by you, if any.
6. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. To the maximum extent permitted by applicable law, in no event shall Aggressive Game Designs or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the Software, even if Aggressive Game Designs has been advised of the possibility of such damages. Because some states and jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
7 INDEMNIFICATION. Licensee hereby waives, releases, forgives, discharges and relinquishes any and all claims that Licensee now has or may have against Aggressive Game Designs, its affiliates, subsidiaries, parents, shareholders, directors, officers, employees, agents and representatives which are connected with, arise out of, relate to or are incidental to any Aggressive Game Designs transaction.
Licensee hereby agrees to indemnify, defend and hold Aggressive Game Designs, its affiliates, subsidiaries, parents, shareholders, directors, officers, employees, agents and representatives harmless from and against any and all claims, loss, damage, tax, liability and/or expense that may be incurred by Aggressive Game Designs, its affiliates, subsidiaries, parents, shareholders, directors, officers, employees, agents and representatives arising out of or in connection with the performance of its duties as described in this EULA (except as caused by its gross negligence or willful misconduct) including the legal costs, fees and expenses of defending itself against any claim by any or all of the parties to any Aggressive Game Designs transactions and/or by any other person and/or as a result of the Licensee taking any action or refraining from taking any action or instituting or defending any action or legal proceeding.
Licensee further agrees to indemnify and hold Aggressive Game Designs, its affiliates, subsidiaries, parents, shareholders, directors, officers, employees, agents and representatives harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Licensee's use of the Software, the violation of these Terms and Conditions by Licensee, or the infringement by Licensee, or other user of the Software using Licensee's computer, of any intellectual property or other right of any person or entity.
7. MISCELLANEOUS These terms shall be governed by and construed in accordance with the laws of the State of Texas, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms or otherwise with Aggressive Game Designs shall be filed only in the state or federal courts located in Travis County and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.