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Limited Software Warranty and License Agreement
YOUR USE OF THIS SOFTWARE IS SUBJECT TO THIS LIMITED SOFTWARE WARRANTY AND LICENSE AGREEMENT (THE "AGREEMENT") AND THE TERMS SET FORTH BELOW. THE "SOFTWARE" INCLUDES ALL SOFTWARE INCLUDED WITH THIS AGREEMENT, THE ACCOMPANYING MANUAL (S), PACKAGING AND OTHER WRITTEN, ELECTRONIC OR ON-LINE MATERIALS OR DOCUMENTATION, AND ANY AND ALL COPIES OF SUCH SOFTWARE AND ITS MATERIALS. BY OPENING THE SOFTWARE, INSTALLING, AND/OR USING THE SOFTWARE AND ANY OTHER MATERIALS INCLUDED WITH THE SOFTWARE, YOU HEREBY ACCEPT THE TERMS OF THIS LICENSE WITH [KALYPSO MEDIA DIGITAL Ltd.] ("LICENSOR").
LICENSE
Subject to this Agreement and its terms and conditions, LICENSOR hereby grants you the non-exclusive, non-transferable, limited right and license to use one copy of the Software for your personal use on a single home or portable computer. The Software is being licensed to you and you hereby acknowledge that no title or ownership in the Software is being transferred or assigned and this Agreement should not be construed as a sale of any rights in the Software. All rights not specifically granted under this Agreement are reserved by LICENSOR and, as applicable, its licensors.
OWNERSHIP
LICENSOR retains all right, title and interest to this Software, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, audiovisual effects, themes, characters, character names, stories, dialog, settings, artwork, sounds effects, musical works, and moral rights. The Software is protected by United Kingdom copyright law and applicable copyright laws and treaties throughout the world. The Software may not be copied, reproduced or distributed in any manner or medium, in whole or in part, without prior written consent from
LICENSOR
Any persons copying, reproducing or distributing all or any portion of the Software in any manner or medium, will be wilfully violating the copyright laws and may be subject to civil and criminal penalties. Be advised that Copyright violations are subject to penalties of up to £100,000 per violation. The Software contains certain licensed materials and LICENSORS may protect their rights in the event of any violation of this Agreement.
LICENSE CONDITIONS
You agree not to:
(a) Commercially exploit the Software;
(b) Distribute, lease, license, sell, rent or otherwise transfer or assign this Software, or any copies of this Software, without the express prior written consent of LICENSOR;
(c) Make copies of the Software or any part thereof, except for back up or archival purposes;
(d) Except as otherwise specifically provided by the Software or this Agreement, use or install the Software (or permit others to do same) on a network, for on-line use, or on more than one computer, computer terminal, or workstation at the same time;(e) Copy the Software onto a hard drive or other storage device and must run the Software from the included DVD/CD-ROM (although the Software may automatically copy a portion of itself onto your hard drive during installation in order to run more efficiently);
(f) Use or copy the Software at a computer gaming centre or any other location-based site; provided, that LICENSOR may offer you a separate site license agreement to make the Software available for commercial use;.
(g) Reverse engineer, decompile, disassemble or otherwise modify the Software, in whole or in part;
(h) Remove or modify any proprietary notices or labels contained on or within the Software; and
(i) Transport, export or re-export (directly or indirectly) into any country forbidden to receive such Software by any export laws or accompanying regulations or otherwise violate such laws or regulations, that may be amended from time to time.
You agree that it is the responsibility of individual users (LICENSEE) to ensure any music used by users in conjunction with LICENSORS games and services is fully licensed and authorised by the respective owners of the intellectual property in such music works. LICENSOR excludes all liability for any such use to the maximum extent permissible by law.
THE SOFTWARE UTILITIES
The Software may contain a level editor or other similar type tools, assets and other materials (the "Software Utilities") that permit you to construct or customise new game levels and other related game materials for personal use in connection with the Software ("Customised Game Materials"). In the event the Software contains such Software Utilities, the use of the Software Utilities is subject to the following additional terms, conditions and restrictions:
(a) All Customised Game Materials created by you are exclusively owned by LICENSOR and/or its licensors (as the case may be) and you hereby transfer, assign and convey to LICENSOR all right, title and interest in and to the Customised Game Materials and LICENSOR and its permitted licensors may use any Customised Game Materials made publicly available to you for any purpose whatsoever, including but not limited to for purposes of advertising and promoting the Software;
(b) You will not use or permit third parties to use the Software Utilities and the Customised Game Materials created by you for any commercial purposes, including but not limited to distributing, leasing, licensing, renting, selling, or otherwise exploiting, transferring or assigning the ownership of such Customised Game Materials;
(c) Customised Game Materials must be distributed solely for free; provided, that you may contact LICENSOR for a license to commercially exploit the Customised Game Materials which LICENSOR may grant or deny in its sole discretion;
(d) Customised Game Materials shall not contain modifications to any other executable files;
(e) Customised Game Materials must be used alone and can be created if the Customised Game Materials will be used exclusively in combination with the commercially released retail version of the Software.
(f) Customised Game Materials cannot contain libellous, defamatory or other illegal material, material that is scandalous or invades the rights of privacy or publicity of any third party, or contain any trademarks, copyright-protected work or other property of third parties (without a valid license); and
(g) All Customised Game Materials must contain the proper credits to the authors of the Customised Game Materials and must indicate that LICENSOR is not the author of the Customised Game Materials with additional language that "THIS MATERIAL IS NOT MADE, GUARANTEED OR SUPPORTED BY THE PUBLISHER OF THE SOFTWARE OR ITS AFFILIATES."
LIMITED WARRANTY
LICENSOR warrants to you (if you are the initial and original purchaser of the Software) that the original storage medium holding the Software is free from defects in material and workmanship under normal use and service for 90 days from the date of purchase. If for any reason you find a defect in the storage medium during the warranty period, LICENSOR agrees to replace, free of charge, any Software discovered to be defective within the warranty period as long as the Software is currently being manufactured by LICENSOR. If the Software is no longer available, LICENSOR retains the right to substitute a similar program of equal or greater value. This warranty is limited to the storage medium containing the Software as originally provided by LICENSOR and is not applicable to normal wear and tear. This warranty shall not be applicable and shall be void if the defect has arisen through abuse, mistreatment, or neglect. Any implied warranties prescribed by statute are expressly limited to the 90-day period described above.
Except as set forth above, this warranty is in lieu of all other warranties, whether oral or written, express or implied, including any other warranty of merchantability, fitness for a particular purpose or non-infringement, and no other representations or warranties of any kind shall be binding on LICENSOR.
When returning the Software subject to the limited warranty above, please send the original Software only to the LICENSOR address specified below and include: your name and return address; a photocopy of your dated sales receipt; and a brief note describing the defect and the system on which you are running the Software.
IN NO EVENT WILL LICENSOR BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, USE OR MALFUNCTION OF THE SOFTWARE, INCLUDING DAMAGES TO PROPERTY, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LICENSORÕS LIABILITY SHALL NOT EXCEED THE ACTUAL PRICE PAID FOR USE OF THE SOFTWARE. SOME STATES/COUNTRIES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS AND/OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND/OR EXCLUSION OR LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
TERMINATION
This Agreement will terminate automatically if you fail to comply with its terms and conditions. In such event, you must destroy all copies of the Software and all of its component parts. You can also end this Agreement by destroying the Software and all copies and reproductions of the Software and deleting and permanently purging the Software from any client server or computer on which it has been installed.
EQUITABLE REMEDIES
You hereby agree that if the terms of this Agreement are not specifically enforced, LICENSOR will be irreparably damaged, and therefore you agree that LICENSOR shall be entitled, without bond, other security, proof of damages, to appropriate equitable remedies with respect any of this Agreement, in addition to any other available remedies.
INDEMNITY
You agree to indemnify, defend and hold LICENSOR, its partners, licensors, 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 Software pursuant to the terms of the Agreement.
MISCELLANEOUS
This Agreement represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them. It may be amended only by a writing executed by both parties. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the remaining provisions of this Agreement shall not be affected. This Agreement shall be construed under England and Welsh law. Leicester, Leicestershire.
If you have any questions concerning this license, you may contact in writing Kalypso Media Digital Ltd.
KALYPSO MEDIA DIGITAL LTD.
Phoenix Square
4 Midland Street
Leicester LE1 1TG
United Kingdom
www.kasedogames.com
www.facebook.com/kasedogames
Kasedo Games is a division of Kalypso Media Group.
YOUR USE OF THIS SOFTWARE IS SUBJECT TO THIS LIMITED SOFTWARE WARRANTY AND LICENSE AGREEMENT (THE "AGREEMENT") AND THE TERMS SET FORTH BELOW. THE "SOFTWARE" INCLUDES ALL SOFTWARE INCLUDED WITH THIS AGREEMENT, THE ACCOMPANYING MANUAL (S), PACKAGING AND OTHER WRITTEN, ELECTRONIC OR ON-LINE MATERIALS OR DOCUMENTATION, AND ANY AND ALL COPIES OF SUCH SOFTWARE AND ITS MATERIALS. BY OPENING THE SOFTWARE, INSTALLING, AND/OR USING THE SOFTWARE AND ANY OTHER MATERIALS INCLUDED WITH THE SOFTWARE, YOU HEREBY ACCEPT THE TERMS OF THIS LICENSE WITH [KALYPSO MEDIA DIGITAL Ltd.] ("LICENSOR").
LICENSE
Subject to this Agreement and its terms and conditions, LICENSOR hereby grants you the non-exclusive, non-transferable, limited right and license to use one copy of the Software for your personal use on a single home or portable computer. The Software is being licensed to you and you hereby acknowledge that no title or ownership in the Software is being transferred or assigned and this Agreement should not be construed as a sale of any rights in the Software. All rights not specifically granted under this Agreement are reserved by LICENSOR and, as applicable, its licensors.
OWNERSHIP
LICENSOR retains all right, title and interest to this Software, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, audiovisual effects, themes, characters, character names, stories, dialog, settings, artwork, sounds effects, musical works, and moral rights. The Software is protected by United Kingdom copyright law and applicable copyright laws and treaties throughout the world. The Software may not be copied, reproduced or distributed in any manner or medium, in whole or in part, without prior written consent from
LICENSOR
Any persons copying, reproducing or distributing all or any portion of the Software in any manner or medium, will be wilfully violating the copyright laws and may be subject to civil and criminal penalties. Be advised that Copyright violations are subject to penalties of up to £100,000 per violation. The Software contains certain licensed materials and LICENSORS may protect their rights in the event of any violation of this Agreement.
LICENSE CONDITIONS
You agree not to:
(a) Commercially exploit the Software;
(b) Distribute, lease, license, sell, rent or otherwise transfer or assign this Software, or any copies of this Software, without the express prior written consent of LICENSOR;
(c) Make copies of the Software or any part thereof, except for back up or archival purposes;
(d) Except as otherwise specifically provided by the Software or this Agreement, use or install the Software (or permit others to do same) on a network, for on-line use, or on more than one computer, computer terminal, or workstation at the same time;(e) Copy the Software onto a hard drive or other storage device and must run the Software from the included DVD/CD-ROM (although the Software may automatically copy a portion of itself onto your hard drive during installation in order to run more efficiently);
(f) Use or copy the Software at a computer gaming centre or any other location-based site; provided, that LICENSOR may offer you a separate site license agreement to make the Software available for commercial use;.
(g) Reverse engineer, decompile, disassemble or otherwise modify the Software, in whole or in part;
(h) Remove or modify any proprietary notices or labels contained on or within the Software; and
(i) Transport, export or re-export (directly or indirectly) into any country forbidden to receive such Software by any export laws or accompanying regulations or otherwise violate such laws or regulations, that may be amended from time to time.
You agree that it is the responsibility of individual users (LICENSEE) to ensure any music used by users in conjunction with LICENSORS games and services is fully licensed and authorised by the respective owners of the intellectual property in such music works. LICENSOR excludes all liability for any such use to the maximum extent permissible by law.
THE SOFTWARE UTILITIES
The Software may contain a level editor or other similar type tools, assets and other materials (the "Software Utilities") that permit you to construct or customise new game levels and other related game materials for personal use in connection with the Software ("Customised Game Materials"). In the event the Software contains such Software Utilities, the use of the Software Utilities is subject to the following additional terms, conditions and restrictions:
(a) All Customised Game Materials created by you are exclusively owned by LICENSOR and/or its licensors (as the case may be) and you hereby transfer, assign and convey to LICENSOR all right, title and interest in and to the Customised Game Materials and LICENSOR and its permitted licensors may use any Customised Game Materials made publicly available to you for any purpose whatsoever, including but not limited to for purposes of advertising and promoting the Software;
(b) You will not use or permit third parties to use the Software Utilities and the Customised Game Materials created by you for any commercial purposes, including but not limited to distributing, leasing, licensing, renting, selling, or otherwise exploiting, transferring or assigning the ownership of such Customised Game Materials;
(c) Customised Game Materials must be distributed solely for free; provided, that you may contact LICENSOR for a license to commercially exploit the Customised Game Materials which LICENSOR may grant or deny in its sole discretion;
(d) Customised Game Materials shall not contain modifications to any other executable files;
(e) Customised Game Materials must be used alone and can be created if the Customised Game Materials will be used exclusively in combination with the commercially released retail version of the Software.
(f) Customised Game Materials cannot contain libellous, defamatory or other illegal material, material that is scandalous or invades the rights of privacy or publicity of any third party, or contain any trademarks, copyright-protected work or other property of third parties (without a valid license); and
(g) All Customised Game Materials must contain the proper credits to the authors of the Customised Game Materials and must indicate that LICENSOR is not the author of the Customised Game Materials with additional language that "THIS MATERIAL IS NOT MADE, GUARANTEED OR SUPPORTED BY THE PUBLISHER OF THE SOFTWARE OR ITS AFFILIATES."
LIMITED WARRANTY
LICENSOR warrants to you (if you are the initial and original purchaser of the Software) that the original storage medium holding the Software is free from defects in material and workmanship under normal use and service for 90 days from the date of purchase. If for any reason you find a defect in the storage medium during the warranty period, LICENSOR agrees to replace, free of charge, any Software discovered to be defective within the warranty period as long as the Software is currently being manufactured by LICENSOR. If the Software is no longer available, LICENSOR retains the right to substitute a similar program of equal or greater value. This warranty is limited to the storage medium containing the Software as originally provided by LICENSOR and is not applicable to normal wear and tear. This warranty shall not be applicable and shall be void if the defect has arisen through abuse, mistreatment, or neglect. Any implied warranties prescribed by statute are expressly limited to the 90-day period described above.
Except as set forth above, this warranty is in lieu of all other warranties, whether oral or written, express or implied, including any other warranty of merchantability, fitness for a particular purpose or non-infringement, and no other representations or warranties of any kind shall be binding on LICENSOR.
When returning the Software subject to the limited warranty above, please send the original Software only to the LICENSOR address specified below and include: your name and return address; a photocopy of your dated sales receipt; and a brief note describing the defect and the system on which you are running the Software.
IN NO EVENT WILL LICENSOR BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, USE OR MALFUNCTION OF THE SOFTWARE, INCLUDING DAMAGES TO PROPERTY, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LICENSORÕS LIABILITY SHALL NOT EXCEED THE ACTUAL PRICE PAID FOR USE OF THE SOFTWARE. SOME STATES/COUNTRIES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS AND/OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND/OR EXCLUSION OR LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
TERMINATION
This Agreement will terminate automatically if you fail to comply with its terms and conditions. In such event, you must destroy all copies of the Software and all of its component parts. You can also end this Agreement by destroying the Software and all copies and reproductions of the Software and deleting and permanently purging the Software from any client server or computer on which it has been installed.
EQUITABLE REMEDIES
You hereby agree that if the terms of this Agreement are not specifically enforced, LICENSOR will be irreparably damaged, and therefore you agree that LICENSOR shall be entitled, without bond, other security, proof of damages, to appropriate equitable remedies with respect any of this Agreement, in addition to any other available remedies.
INDEMNITY
You agree to indemnify, defend and hold LICENSOR, its partners, licensors, 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 Software pursuant to the terms of the Agreement.
MISCELLANEOUS
This Agreement represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them. It may be amended only by a writing executed by both parties. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the remaining provisions of this Agreement shall not be affected. This Agreement shall be construed under England and Welsh law. Leicester, Leicestershire.
If you have any questions concerning this license, you may contact in writing Kalypso Media Digital Ltd.
KALYPSO MEDIA DIGITAL LTD.
Phoenix Square
4 Midland Street
Leicester LE1 1TG
United Kingdom
www.kasedogames.com
www.facebook.com/kasedogames
Kasedo Games is a division of Kalypso Media Group.