End user agreement for Temple Of Blocs
TEMPLE OF BLOCS
END-USER LICENSE AGREEMENT
IMPORTANT-READ CAREFULLY BEFORE USING OR INSTALLING THIS SOFTWARE: This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single legal entity) and Diwant Vaidya ("AUTHOR") of the software product TEMPLE OF BLOCS which includes computer software, and associated files, and "online", otherwise electronic, and/or printed media, and "online", otherwise electronic, and/or printed documentation ("SOFTWARE"). The terms of a printed, paper EULA, which may accompany the SOFTWARE, supersede the terms of any on-screen EULA. Any product provided along with the Software that is associated with a separate end-user license agreement is licensed to you under the terms of that license agreement.
By installing, copying, downloading, accessing 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 EULA: (i) do not use, copy, or install the Software, and (ii) if you have purchased the Software, promptly return the Software and all accompanying materials with proof of purchase to your place of purchase for a refund.
SOFTWARE PRODUCT LICENSE
The SOFTWARE is confidential and 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. AUTHOR grants you the following rights, provided you comply with all of the terms and conditions of this EULA:
* Installation and Use. Except as otherwise expressly provided in this EULA, you may install, use, access, display and run the SOFTWARE on only one (1) copy COMPUTER per license purchased. Each license purchased is non-exclusive, non-transferable, and non-sublicenseable. Use of the SOFTWARE must be non-commercial home entertainment use.
* Back-up Copy. IF MANUFACTURER HAS NOT,INCLUDED A BACK-UP COPY OF THE SOFTWARE WITH THE COMPUTER ON PHYSICAL MEDIA (e.g. CD OR PARTITIONED HARD DRIVE), YOU MAY MAKE A SINGLE BACK-UP COPY OF THE SOFTWARE. You may use the back-up copy solely for your archival purposes and to reinstall the SOFTWARE on the COMPUTER. Except as expressly provided in this EULA or by local law, you may not otherwise make copies of the SOFTWARE, including the printed materials accompanying the SOFTWARE. You may not loan, rent, lease, lend or otherwise transfer the CD or back-up copy to another user.
* Reservation of Rights. AUTHOR reserves all rights not expressly granted to you in this EULA.
2. DESCRIPTION OF OTHER RIGHTS AND
* Consent to Use of Data. You agree that AUTHOR and their affiliates may collect and use technical information gathered in any manner as part of the product support services provided to you, if any, related to the SOFTWARE. AUTHOR and their affiliates may use this information solely to improve their products or to provide customized services or technologies to you. AUTHOR and their affiliates may disclose this information to others, but not in a form that personally identifies you.
* Internet-Based Services Components. The SOFTWARE contains components that enable and facilitate the use of certain Internet-based services (i.e. "online" updates, etc.). You acknowledge and agree that AUTHOR or their subsidiaries may automatically check the version of the SOFTWARE and/or its components that you are utilizing and may provide upgrades or supplements to the SOFTWARE that may be automatically downloaded to your COMPUTER.
* Additional Software/Services. The terms of this EULA apply to AUTHOR updates, supplements, add-on components, or Internet-based services components of the SOFTWARE ("Supplemental Components") that AUTHOR or their subsidiaries may provide to you or make available to you after the date you obtain your initial copy of the SOFTWARE, unless other terms are provided along with such Supplemental Components. If other terms are not provided along with such Supplemental Components and the Supplemental Components are provided to you by AUTHOR or a subsidiary then you will be licensed by such entity under the same terms and conditions of this EULA, except that AUTHOR or subsidiary entity providing the Supplemental Components will be the licensor with respect to such components in lieu of the "AUTHOR" for the purposes of the EULA, including, without limitation the Limited Warranty Appendix. THE LIMITED WARRANTY (IF ANY) INCLUDED WITH OR IN THIS EULA APPLIES TO SUCH SUPPLEMENTAL COMPONENTS (IF ANY) PROVIDED THAT YOU LICENSED THE SUPPLEMENTAL COMPONENTS WITHIN THE ORIGINAL TERM OF THE LIMITED WARRANTY. HOWEVER, PROVISION OF THE SUPPLEMENTAL COMPONENTS DOES NOT EXTEND THE TIME PERIOD FOR WHICH THE LIMITED WARRANTY IS PROVIDED. ALL OTHER DISCLAIMERS, EXCLUSIONS OF DAMAGES, AND LIMITATIONS OF LIABILITY AND REMEDIES SET FORTH IN THIS EULA SHALL APPLY TO SUCH SUPPLEMENTAL COMPONENTS. AUTHOR and their subsidiaries reserves the right to discontinue any Internet-based services provided to you through the use of the SOFTWARE.
* Limitations on Reverse Engineering, Decompilation and Disassembly. 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.
* Single EULA. The package for the SOFTWARE may contain multiple versions of this EULA, such as multiple translations and/or multiple media versions (e.g., in the user documentation and in the software). In this case, you are only licensed to use one (1) copy of the SOFTWARE.
* Termination. Without prejudice to any other rights, AUTHOR may cancel this EULA if you do not abide by the terms and conditions contained herein. In such event, you must destroy all copies of the SOFTWARE and all of its component parts.
* Trademarks. This EULA does not grant you any rights in connection with any trademarks or service marks of AUTHOR or its suppliers.
* No Commercial Use. You may not use the Software for any commercial purpose, including:
a) distribution (electronically or otherwise);
e) display; or
f) offering on a pay-per-play, coin-op or other for charge basis.
6. EXPORT RESTRICTIONS. You acknowledge that the SOFTWARE is subject to U.S. export jurisdiction. You agree to comply with all applicable international and national laws that apply to the products, including the U.S. Export Administration Regulations, as well as end-user, end-use and destination restrictions issued by U.S. and other governments.
WARRANTY AND SPECIAL PROVISIONS FOR THE UNITED STATES OF AMERICA AND ANY OTHER COUNTRY
NO WARRANTY. LICENSOR AND ITS SUPPLIERS MAKE NO, AND HEREBY DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED AND STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS WITH RESPECT TO THE SOFTWARE PRODUCT. LICENSOR AND ITS SUPPLIERS DO NOT WARRANT THAT THE SOFTWARE PRODUCT IS ERROR-FREE OR THAT ACCESS TO THE SOFTWARE PRODUCT WILL BE UNINTERRUPTED AND WITHOUT COMPROMISE TO SECURITY SYSTEMS. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SOFTWARE PRODUCT IS "AS IS," AND "AT YOUR OWN RISK."
CUSTOMER REMEDIES. AUTHOR's and its suppliers' entire liability and your exclusive remedy shall be, at AUTHOR's option, either (a) return of the price paid, or (b) repair or replacement of the SOFTWARE that does not meet this Limited Warranty and which is returned to AUTHOR with a copy of your receipt. This Limited Warranty is void if failure of the SOFTWARE has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.
OTHER WARRANTIES. To the maximum extent permitted by applicable law, AUTHOR and its suppliers disclaim all other warranties, either express or implied, including, but not limited to implied warranties of merchantability and fitness for a particular purpose, with regard to the SOFTWARE, "online" resources, and the accompanying written materials. This limited warranty gives you specific legal rights. You may have others which vary from state/jurisdiction to state/jurisdiction.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES. To the maximum extent permitted by applicable law, in no event shall AUTHOR or its suppliers be liable for any damages whatsoever (including without limitation, special, incidental, consequential, or indirect damages for personal injury, 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 this product, even if AUTHOR has been advised of the possibility of such damages. In any case, AUTHOR's and its suppliers' entire liability under any provision of this agreement shall be limited to the amount actually paid by you for the SOFTWARE. Because some states/jurisdictions do not allow the exclusion orlimitation of liability for consequential or incidental damages, the above limitation may not apply to you.
If you acquired the SOFTWARE in the United States of America, this Software License Agreement and Warranty are governed by the laws of the State of Washington, U.S.A. If you acquired the SOFTWARE outside the United States of America, local law may apply.
Temple Of Blocs (c) 2005-2006 Diwant Vaidya. All other copyrights and trademarks are property of their respective owners. All Rights Reserved.