END USER LICENSE AGREEMENT
PINBALL ARCADE APPLICATION
THIS AGREEMENT CONTAINS A BINDING ARBITRATION CLAUSE. PLEASE READ THE AGREEMENT CAREFULLY BEFORE ACCEPTING ITS TERMS AND CONDITIONS.
1. LIMITED USE LICENSE.
FarSight Studios grants you the non-exclusive, non-transferable, limited right and license to install and use one copy of this Application solely and exclusively for your personal use. All rights not specifically granted under this Agreement are reserved by FarSight Studios. This Application is licensed, not sold. Your license confers no title or ownership in this Application and should not be construed as a sale of any rights in this Application.
All title, ownership rights, and intellectual property rights in and to this Application (including but not limited to any trademarks, titles, computer code, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artwork, animation, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, any related documentation, and “applets” incorporated into this Application) are owned by FarSight Studios or its licensors. This Application is protected by the copyright laws of the United States, international copyright treaties and conventions and other laws. This Application contains certain licensed materials, and FarSight Studios’ licensors may also protect their rights in the event of any violation of this Agreement.
3. YOU AGREE THAT YOU WILL NOT DO ANY OF THE FOLLOWING:
- exploit this Application or any of its parts commercially;
- use this Application, or permit use of this Application, on more than one user device (e.g. computer, handset, PDA or other device) at the same time;
- make copies of this Application or any part thereof, or make copies of any of its accompanying material;
- sell, rent, lease, license, distribute, loan or otherwise transfer this Application, or any copies of this Application, without the express prior written consent of FarSight Studios;
- reverse engineer, decompile, disassemble or otherwise reduce this Application to any human-perceivable form;
- modify, adapt, translate or otherwise create derivative works based on this Application;
- disable, modify or otherwise tamper with any anti-piracy/anti-hacking functionality of this Application;
- remove, disable or circumvent any proprietary notices, marks or labels contained on or within this Application or its accompany material; or
- export or re-export this Application or any portion, process, copy or adaptation hereof in violation of any applicable laws or regulations. YOU FURTHER ACKNOWLEDGE AND AGREE THAT, if the Application was provided to you for trial use (e.g. for “beta” testing, and/or for a limited trial period or number of uses):
- you will not use the Application following the expiration of the permitted trial period or number of uses; and
- the Application may include code designed to prevent you from exceeding these limits, and such code may remain on your user device after deletion of the Application in order to prevent you from installing another copy and repeating the trial period or extending the number of uses.
4. REPRESENTATIONS CONCERNING AGE AND JURISDICTION.
You represent and warrant that you are at least ten (10) years old. Children under the age of ten (10) are not permitted to use the Software. If you reside in a jurisdiction which restricts the use of software according to age, or which restricts the ability to enter into agreements such as this EULA according to age and you are under such age limit, you may not enter into this EULA, download, install or use the Software. If you reside in a jurisdiction where it is forbidden by law to offer or use the Software for internet communication, you may not enter into this EULA, download, install or use the Software. By entering into this EULA, you represent that you have verified in your own jurisdiction that your use of the Software is permitted by law.
5. DISCLAIMER OF WARRANTY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: (a) THIS APPLICATION IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (b) THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THIS APPLICATION IS WITH YOU; (c) FARSIGHT STUDIOS WILL HAVE NO LIABILITY TO YOU FOR ANY REASON BASED ON YOUR USE OF THIS APPLICATION UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION; AND (d) FARSIGHT STUDIOS’ ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF ANY SOFTWARE PROVIDED BY OR ON BEHALF OF FARSIGHT STUDIOS WILL BE THE REPLACEMENT OF ANY FARSIGHT STUDIOS SOFTWARE FOUND TO BE DEFECTIVE. SOME JURISDICTIONS MAY NOT ALLOW (OR MAY LIMIT) DISCLAIMERS OF CERTAIN WARRANTIES, IN WHICH CASE THE FOREGOING DISCLAIMERS WILL BE ENFORCED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
6. LIMITATION OF LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: (a) IN NO EVENT WILL FARSIGHT STUDIOS BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM USE, POSSESSION, MISUSE OR MALFUNCTION OF THIS APPLICATION, INCLUDING WITHOUT LIMITATION DAMAGE TO PROPERTY, LOSS OF GOODWILL, COMPUTER OR HANDHELD DEVICE FAILURE OR MALFUNCTION AND DAMAGES FOR PERSONAL INJURY, EVEN IF FARSIGHT STUDIOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (b) FARSIGHT STUDIOS’S LIABILITY WILL IN NO EVENT EXCEED THE ACTUAL PRICE PAID FOR THE LICENSE TO USE THIS APPLICATION. SOME JURISDICTIONS MAY NOT ALLOW CONTRACTUAL LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS AND/OR EXCLUSION OR LIMITATION OF LIABILITY FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, IN WHICH CASE FARSIGHT STUDIOS’S WARRANTY PERIOD AND LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Without prejudice to any other of FarSight Studios’ rights or of your obligations hereunder, the limited license set forth in Section 1 of this Agreement will terminate automatically if you fail to comply with the terms and conditions of this Agreement. In such event, you must destroy all copies of this Application and all of its component parts and related materials.
9. INJUNCTIVE RELIEF.
Because FarSight Studios would be irreparably damaged if the terms of this Agreement were not specifically enforced, you agree that FarSight Studios will be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to any and all other remedies which FarSight Studios may have under applicable laws.
You agree to indemnify, defend and hold FarSight Studios, its partners, affiliates, contractors, officers, directors, employees and agents harmless from all damages, losses and expenses arising directly or indirectly from your acts and omissions to act in using the Product pursuant to the terms of this Agreement
Arbitration. Any unresolved dispute between the parties to this Agreement, or arising under the terms of this Agreement, shall be decided by arbitration conducted through the services of the American Arbitration Association (hereinafter referred to as the “AAA”). To the extent permitted by law, before either party may begin arbitration with respect to a dispute involving any aspect of this Agreement, such party shall notify the other party for the purpose of seeking dispute resolution. If the dispute is not resolved within sixty (60) days after the initial notice, then a party may proceed in accordance with the following: (a) Notice of demand for an arbitration hearing shall be in writing and properly served upon the parties to this Agreement. (b) Arbitration hearings shall be held in the State of California, San Bernardino County, at a location mutually agreeable to the parties. (c) There shall be one Arbitrator to hear the matter. The parties shall initially agree to a panel of 3 possible Arbitrators to hear the matter and each party shall have the opportunity to name one Arbitrator to be dropped from the panel until one remains. The party giving notice of the Arbitration demand shall be first to indicate its selection. (d) All costs of the Arbitration and the AAA shall be borne equally by both parties to this agreement, regardless of the final decision. The defaulting party as determined by the Arbitrator, shall pay all other costs and expenses, including reasonable attorney’s fees, incurred by the party in enforcing its rights under this Agreement.
BY DOWNLOADING THIS TITLE, YOU AGREE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND THAT YOU WILL BE BOUND BY AND COMPLY WITH IT.