End user agreement for CrosuS Total Game and Mod Management
End User License Agreement
END USER LICENSE AGREEMENT
We recommend that you print this
End User Agreement for further reference.
This ISOTX.COM User Agreement (the "Agreement") becomes a binding contract between you and ISOTX.COM. (a) when you click on the area marked "ACCEPT LICENSE AGREEMENT", or, (b) when you execute the CrosuS Software installation file. If you do not wish to be bound by the Agreement, you cannot access, use or download the CrosuS Software. Please read all of the Agreement before you agree to be bound by its terms and conditions.
You hereby agree to the following:
1. You are bound by the Agreement and you acknowledge that all Use (as defined herein) of the CrosuS Software (as defined herein) supplied to you by Isotx is governed by the Agreement.
2. "Isotx" as used herein shall mean collectively Isotx.com., its successors and assigns, its parent and affiliated corporations, its authorized distributors, and any third party which has licensed to Isotx any or all of the components of the CrosuS Software supplied to you pursuant to the Agreement.
3. "CrosuS Software" as used herein shall mean software which, when used on an appropriate device or devices, allows the user to find, download, install and run video game mods,and stand alone games, and to engage in community activity with other users of the CrosuS Software. CrosuS Software shall include all mods, stand alone games, maps and user tools created by or derived from the CrosuS Software. CrosuS Software includes upgrades, updates, related files, permiitted modifications, permitted copies, and related documentation.
4. "Use" of the CrosuS Software shall occur when an individual is able to give commands (whether by keyboard or otherwise) that are followed by the CrosuS Software, regardless of the location in which the CrosuS Software resides.
5. "Workstation" as used herein shall mean a component in which an individual is able to give commands (whether by keyboard or otherwise) that are followed by the CrosuS Software, regardless of the location in which the CrosuS Software resides.
6. You are hereby granted a non-exclusive, non-assignable, non-transferable (except as expressly permitted herein) license to access the CrosuS Software (i) only in a Licensed Unit, (ii) only for your Personal Use, and (iii) only subject to all of the terms and conditions of the Agreement. You have no rights to the CrosuS Software other than as expressly set forth in the Agreement. You agree that Isotx owns all right, title and interest in and to the CrosuS Software, its structure, organization, code, and related files, including all property rights therein such as copyright, design and trademarks rights. You agree that the CrosuS Software, its structure, organization, code, and related files are valuable property of Isotx and that any intentional Use of the CrosuS Software not expressly permitted by the Agreement constitutes a theft of valuable property. All rights not expressly granted in the Agreement are expressly reserved to Isotx.
7. You may install and Use the CrosuS Software on multiple workstations.
8. You may electronically distribute CrosuS Software, as long as all parties are made aware of this agreement, and are bound by it.
9. You may not alter CrosuS Software for the purpose of adding any functionality which such CrosuS Software did not have when delivered to you by Istox. If the CrosuS Software contains embedding bits that limit the capabilities of the CrosuS Software, you may not change or alter the embedding bits. CrosuS Software may not be used to create or distribute any electronic document in which the CrosuS Software, or any part thereof, is embedded in a format that permits editing, alterations, enhancements, or modifications by the recipient of such document. If you have reason to believe that a recipient of an electronic document possesses the capability to edit, alter, enhance, or modify such electronic document even though you have distributed it in a format which does not permit such editing, alteration, enhancement, or modification, you shall not transmit such document to such person.
10. You acknowledge that the CrosuS Software is protected by the copyright and other intellectual property law of the United States and its various States, by the copyright and design laws of other nations, and by international treaties. You agree to treat the CrosuS Software as you would any other copyrighted material, such as a book. You may not copy the CrosuS Software, except as expressly provided herein. Any copies that you are expressly permited to make pursuant to the Agreement must contain the same copyright, trademark, and other proprietary notices that appear on or in the CrosuS Software. You agree not to adapt, modify, alter, translate, convert, or otherwise change the CrosuS Software, or to create Derivative Works from CrosuS Software or any portion thereof. You further agree not to use CrosuS Software in connection with software and/or hardware which create Derivative Works of such CrosuS Software. You agree not to reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the CrosuS Software, provided, however, that if you are located in a European Community member country or any other country which provides rights materially similar to the rights set forth in this proviso, you may reverse engineer or decompile the CrosuS Software only to the extent that sufficient information is not available for the purpose of creating an interoperable software program (but only for such purpose and only to the extent that sufficient information is not provided by Isotx upon written request). You agree to use trademarks associated with the CrosuS Software according to accepted trademark practice, including identification of the trademark owner's name. Trademarks can only be used to identify printed output produced by the CrosuS Software. The use of any trademark as herein authorized does not give you any rights of ownership in that trademark and all use of any trademark shall inure to the sole benefit of Isotx. You may not change any trademark or trade name designation for the CrosuS Software.
11. Isotx DOES NOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE CROSUS SOFTWARE. Isotx MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT WILL Isotx BE LIABLE TO YOU OR ANYONE ELSE (I) FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION ANY LOST PROFITS, LOST DATA, LOST BUSINESS OPPORTUNITIES, OR LOST SAVINGS, EVEN IF Isotx HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) FOR ANY CLAIM AGAINST YOU BY ANY THIRD PARTY SEEKING SUCH DAMAGES EVEN IF Isotx HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12. The Agreement will be governed by the laws of Illinois applicable to contracts wholly entered and performable within such state. All disputes related to the Agreement shall be heard in the Circuit Court of Cook County, Illinois, U.S.A. or the United States District Court for the Northern District of Illinois, Chicago, Illinois U.S.A. Both you and Isotx agree to the personal jurisdiction and venue of these courts in any action related to the Agreement. The Agreement will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is expressly excluded. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms.
13. The Agreement shall automatically terminate upon failure by you (or any authorized person or member of your immediate household to whom you have given permision to Use the CrosuS Software) to comply with its terms. The termination of the Agreement shall not preclude Isotx from suing you for damages of any breach of the Agreement. The Agreement may only be modified in writing signed by an authorized officer of Isotx. You agree that the CrosuS Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Adiministration or any applicable export laws, restrictions or regulations.
14. You have the rights expressly set forth in the Agreement and no other. All rights in and to the CrosuS Software, including unpublished rights, are reserved under the copyright laws of the United States and other jurisdictions. All rights reserved. Notwithstanding the foregoing, to the extent that any law, statute, treaty, or governmental regulation shall be deemed by a court of competent jurisdiction to provide you with any additional or different rights from those provided herein and such rights shall be deemed non-waiveable as a matter of law and to supersede the rights specifically provided herein, then such law, statute, treaty, or governmental regulation shall be deemed to be made a part of the Agreement. To the extent that any such rights created by any law, statute, treaty or governmental regulation are waiveable, you agree that your acceptance of the Agreement shall constitute an effective and irrevocable waiver of such rights. The Agreement may be enforced by Isotx or by an authorized dealer acting on behalf of Isotx.
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