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authorUlrich Müller <ulm@gentoo.org>2013-04-27 17:15:58 +0000
committerUlrich Müller <ulm@gentoo.org>2013-04-27 17:15:58 +0000
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tree810875ee38573077e27ff9f8ea5b9bba95c4ebf2 /licenses/Rain-Slick
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License for games-rpg/rain-slick, bug 465958.
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+ On the Rain-Slick Precipice of Darkness, Episode One
+
+
+ End User License Agreement (EULA)
+
+YOU SHOULD CAREFULLY READ THE FOLLOWING END USER LICENSE AGREEMENT
+BEFORE USING THIS SOFTWARE PROGRAM. BY USING THIS SOFTWARE PROGRAM, YOU
+AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. *IF YOU DO NOT AGREE
+TO THE TERMS OF THIS AGREEMENT, CLICK "QUIT" AND CEASE ALL USE OF THIS
+SOFTWARE.*
+
+This software program, including any electronic documentation
+(collectively, the "Program"), any printed materials, and any and all
+copies of such Program and materials are the copyrighted work of Hothead
+Games, Inc. ("Hothead") and/or its affiliates or subsidiaries, and/or
+its suppliers or licensors. All rights are reserved, except as expressly
+stated below. Your use of the Program is governed by the terms of this
+End User License Agreement (the "License Agreement"). The Program is
+solely for use by end users according to the terms of the License
+Agreement. Any use, reproduction or redistribution of the Program not in
+accordance with the terms of the License Agreement is expressly
+prohibited.
+
+ 1. *Thank You.* /We, Hothead, would first like to thank you for
+ licensing the Program. We know you probably don't care much for
+ reading through EULAs, but our lawyers want to make sure we keep
+ control and ownership of the stuff we and our licensors have spent
+ so much time, effort and energy developing. In order to keep
+ developing cool stuff that we hope provides you hours and hours of
+ entertainment and fun, we have to make sure you understand and agree
+ that you are just buying the right to use the Program and that there
+ are certain limits to your rights to use the Program. What follows
+ is what you need to agree to before you can use the Program./
+
+ 2. *Limited Use License.* /Like we mentioned above, you are buying the
+ right to use the Program, not the rights to the Program itself./
+ Hothead hereby grants, and by using the Program you thereby accept,
+ a limited, non-exclusive license and right to install and/or use the
+ Program on your personal computers belonging or primarily used by
+ you (for example, on your home computer(s) and a laptop) with the
+ express understanding that the Program is licensed, not sold, and
+ that your license confers no title or ownership of the Program. If
+ you wish to use the Program on more computers than the program
+ automatically allows, Hothead's customer support may (in its sole
+ discretion) increase the number of computers on which the Program
+ may be used on a case by case basis. /If you need to increase any
+ limits the game places on the number of installs you can use, simply
+ contact us and we'll be happy to adjust the settings on your license
+ code to make this happen./ This license is not a sale of the
+ original software program (which means that the fee you paid gives
+ you the right only to use the Program). To avoid any
+ misunderstandings, the license granted hereunder is for one
+ individual person and the Program will be deemed in "use" on a
+ computer when it is loaded onto temporary memory (i.e., RAM) or
+ installed into the permanent memory (e.g., hard disk, CD-ROM or
+ other storage device) of a computer. Installation of the Program on
+ a network server is strictly prohibited. Nothing in this Agreement
+ shall be construed as granting any right to use the Program on a
+ computer that is not owned or primarily used by you.
+
+ 3. *Intellectual Property Ownership.* /In order to keep making cool
+ games in the future, we need to make sure that you understand who
+ owns the intellectual property rights to the Program./ All title,
+ ownership rights and intellectual property rights in and to the
+ Program and any and all copies thereof (including but not limited to
+ all copyrights, trademarks, trade secrets, trade names, proprietary
+ rights, patents, titles, computer code, themes, objects, characters,
+ character names, stories, dialog, catch phrases, locations,
+ concepts, artwork, animations, sounds, musical compositions,
+ audio-visual effects, methods of operation, moral rights, any
+ related documentation, and "applets" incorporated into the Program)
+ are owned by Hothead or its licensors. The Program is protected by
+ the copyright laws of Canada, the United States, international
+ copyright treaties and conventions and other laws. All rights are
+ reserved. The Program contains certain licensed materials and
+ Hothead's licensors may protect their rights in the event of any
+ violation of this Agreement. The Program may not be copied or
+ reproduced in any manner or medium, in whole or in part, without
+ prior written consent from Hothead.
+
+ 4. *Responsibilities of End User.* /We've mentioned this before, but it
+ probably won't hurt to be a bit more detailed about what you're
+ agreeing to by licensing the Program. We want you to be able to
+ enjoy the games we make to the maximum extent possible, but our
+ lawyers tell us we have to set some rules about what you can and
+ can't do to keep from getting us in trouble (and to allow us to stay
+ in business and keep making cool new games). So by licensing the
+ Program you agree to the following:/
+ 1. Subject to the license grant above, you may not, in whole or in
+ part, copy, photocopy, reproduce, translate, reverse engineer,
+ derive source code, modify, disassemble, decompile, modify or
+ create derivative works based on the Program or any part
+ thereof, or remove any proprietary notices or labels on the
+ Program without the prior written consent of Hothead. You may
+ not work around any technical limitations in the Program.
+
+ 2. The Program is licensed to you as a single product. Its
+ component parts may not be separated for use on more than one
+ computer.
+
+ 3. You are entitled to use the Program for your personal use, but
+ you are not entitled to sell, grant a security interest in or
+ transfer reproductions of the Program or otherwise distribute
+ copies of the Program to other parties in any way, nor to rent,
+ lease or license the Program to others without the prior written
+ consent of Hothead.
+
+ 4. You are expressly prohibited from selling or otherwise profiting
+ from any levels, add-on packs, sequels or other items based upon
+ or related to the Program or created by use of any part of the
+ Program. If you create levels, add-on packs, sequels or other
+ items to the Program, including the construction of new levels
+ (collectively, the "Modifications"), you are subject to the
+ following restrictions:
+ 1. Modifications are considered separate from the Program in
+ the sense that they are not guaranteed or supported by
+ Hothead. However, by creating a Modification you shall be
+ deemed to have assigned in favour of Hothead all copyrights
+ and intellectual property rights to the Modifications;
+
+ 2. your Modifications must require a full, licensed copy of the
+ Program to run;
+
+ 3. your Modifications must not contain any 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;
+
+ 4. your Modifications must be distributed solely for free.
+ Neither you nor any other person or party may sell them to
+ anyone, commercially exploit them in any way, or charge
+ anyone for using them without a license from Hothead.
+
+ 5. The prohibitions and restrictions in this Section apply to
+ anyone in possession of the Program or any of your
+ Modifications. For greater certainty, notwithstanding anything
+ to the contrary in this Agreement, you are not permitted to
+ reverse engineer, decompile or disassemble the Program in any
+ way. Any copying of the Program not specifically allowed in this
+ Agreement is a violation of this Agreement.
+
+ 5. *Compliance with Ratings.* /To keep the politicians from carrying
+ through on their threats to decide what video games you should and
+ shouldn't be able to play (and what developers can and can't
+ create), we need to make sure you understand the rating given to the
+ Program is important and that you agree to use the Program in
+ accordance with its rating./ The Program may consist of a video game
+ that has been rated by one or more ratings boards (a "Rating
+ Board"). By using the Program you expressly represent, warrant and
+ agree that:
+
+ 1. you are aware of the rating (the "Rating") issued to the Program
+ by the applicable Rating Board in the jurisdiction in which you
+ reside or will otherwise be using the Program;
+
+ 2. you are of an appropriate age to use the Program in accordance
+ with the Rating issued in such jurisdiction;
+
+ 3. you will not permit use of the Program by those under the age
+ set out in the Rating in the jurisdiction in which you reside or
+ will otherwise be using or permitting use of the Program.
+
+ YOU AGREE TO INDEMNIFY AND HOLD HARMLESS HOTHEAD FROM AND AGAINST
+ ANY CAUSE OF ACTION, ACTION, SUIT, PROCEEDING AGAINST OR DAMAGES OR
+ OTHER LIABILITY SUFFERED BY HOTHEAD IN CONNECTION WITH YOUR BREACH
+ OF THIS SECTION 5.
+
+ 6. *No Transfer.* /What is this "transfer", you ask? It means that once
+ you accept, you can't sell or give the game to someone else./ You
+ may not transfer or assign this Agreement or any of your rights or
+ obligations under this Agreement.
+
+ 7. *Termination.* /We hope this section never has to come into play (or
+ section 12 for that matter), as that means you are doing something
+ you shouldn't be under the terms of this Agreement (which would suck
+ for both of us, but more for you as it means we have to get our
+ lawyers involved)./ This Agreement is effective until the earlier of
+ (i) termination of this License Agreement by you or Hothead or (ii)
+ termination of this Agreement in the event you fail to comply with
+ any term contained herein, in which event this Agreement shall be
+ deemed to terminate automatically. You may terminate this Agreement
+ at any time by destroying all copies of the Program in your
+ possession. Hothead may, at its discretion, terminate this License
+ at any time upon notifying you of such termination (including by way
+ of public notice to all licensees of the Program). In such event
+ /(or if you are bad and are not complying with the terms of this
+ agreement)/, you must immediately destroy all copies of the Program
+ in your possession. Any license agreement to which you may have
+ previously agreed that governs your use of prior versions of the
+ Program is hereby terminated and is replaced by this agreement. The
+ provisions of Sections 3, 7, and 10-13 will survive any termination
+ of this Agreement.
+
+ 8. *Updates; New Versions.* /We can't support all versions forever but
+ we will do our best to support the latest version that we have made
+ available./ Hothead may, in its sole discretion, provide updates or
+ new versions of the Program in the future. Hothead may provide such
+ updates or future versions subject to a separate license, which may
+ by its terms terminate this license pursuant to Section 7. Hothead
+ shall have no obligation to provide support or updates for the
+ Program.
+
+ 9. *Export Controls.* /Don't be a criminal . . . I mean, what else can
+ we say here?/ You agree to comply with all applicable laws,
+ regulations, rulings and executive orders of any governmental
+ authority relating to the exportation or importation of the Program,
+ including but not limited to the export and destination control
+ regulations for Canadian goods.
+
+10. *No Warranties.* /We have no idea what you have already on your
+ computer and what state or health your computer is in. The entire
+ risk arising out of use or performance of the Program remains with
+ you./ THE PROGRAM IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND,
+ EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE
+ IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
+ PURPOSE, OR NONINFRINGEMENT. ANY WARRANTY AGAINST INFRINGEMENT THAT
+ MAY BE PROVIDED IN SECTION 2-312(3) OF THE UNIFORM COMMERCIAL CODE
+ IN THE UNITED STATES AND/OR IN ANY OTHER COMPARABLE STATE,
+ PROVINCIAL OR FEDERAL STATUTE IS EXPRESSLY DISCLAIMED. Some
+ jurisdictions do not allow the exclusion or limitation of implied
+ warranties, so the above limitations may not apply to you to that
+ extent.
+
+11. *Limitation of Liability.* HOTHEAD SHALL NOT BE LIABLE TO YOU, OR TO
+ ANY PERSON ACCESSING GAMEPLAY AS A RESULT OF THE LICENSE GRANTED TO
+ YOU, IN ANY WAY FOR LOSS OR DAMAGE OF ANY KIND RESULTING FROM YOUR
+ USE OF THE PROGRAM, INCLUDING, BUT NOT LIMITED TO, LOSS OF GOODWILL,
+ WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER
+ COMMERCIAL DAMAGES OR LOSSES ARISING OUT OF THE USE OF OR INABILITY
+ TO USE THE PROGRAM, EVEN IF HOTHEAD HAS BEEN ADVISED OF THE
+ POSSIBILITY OF SUCH DAMAGES. FURTHER, HOTHEAD SHALL NOT BE LIABLE IN
+ ANY WAY FOR THE LOSS OR DAMAGE TO ANY PLAYER CHARACTERS, ACCOUNTS,
+ STATISTICS OR USER PROFILE INFORMATION. YOU UNDERSTAND AND
+ ACKNOWLEDGE THAT HOTHEAD CANNOT AND WILL NOT BE RESPONSIBLE FOR ANY
+ INTERRUPTIONS OF ONLINE GAMEPLAY, INCLUDING, BUT NOT LIMITED TO ISP
+ DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES OR ANY OTHER EVENT WHICH
+ MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF ONLINE GAMEPLAY. Some
+ jurisdictions do not allow the exclusion or limitation of incidental
+ or consequential damages, so the above limitations may not apply to
+ that extent. In no event shall our total liability to you for any
+ and all damages, losses and causes of action (whether in tort,
+ contract or otherwise) exceed the amount paid by you for the
+ Program.
+
+12. *Equitable Remedies.* /We need to make sure we can put a quick stop
+ to anyone doing something they shouldn't be under this agreement./
+ You hereby agree that Hothead would be irreparably damaged if the
+ terms of this Agreement were not specifically enforced, and
+ therefore you agree that Hothead shall be entitled, without bond,
+ other security, or proof of damages, to appropriate equitable
+ remedies with respect to breaches of this Agreement, in addition to
+ such other remedies as Hothead may otherwise have available to it
+ under applicable laws. In the event any litigation is brought by
+ either party in connection with this Agreement, the prevailing party
+ in such litigation shall be entitled to recover from the other party
+ all the costs, attorneys' fees and other expenses incurred by such
+ prevailing party in the litigation.
+
+13. *Miscellaneous*
+ 1. This Agreement shall be deemed to have been made and executed in
+ the Province of British Columbia, Canada and any dispute arising
+ hereunder shall be resolved in accordance with the law of
+ British Columbia. You agree that any claim asserted in any legal
+ proceeding by you against Hothead or its licensors shall be
+ commenced and maintained in a court located in Vancouver,
+ British Columbia having subject matter jurisdiction with respect
+ to the dispute between the parties.
+
+ 2. Hothead reserves the right, at its sole discretion, to change,
+ modify, add to, supplement or delete any of the terms and
+ conditions of this Agreement, effective upon prior notice as
+ follows: Hothead will post notification of any such changes to
+ this Agreement on the its website, and may provide such other
+ notice as Hothead may elect in its sole discretion.
+
+ 3. In the event that any provision of this Agreement shall be held
+ by a court or other tribunal of competent jurisdiction to be
+ unenforceable, such provision will be enforced to the maximum
+ extent permissible and the remaining portions of this Agreement
+ shall remain in full force and effect.
+
+ 4. This Agreement constitutes and contains the entire agreement
+ between the parties with respect to the subject matter hereof
+ and supersedes any prior oral or written agreements.
+
+ You hereby acknowledge that you have read and understand the
+ foregoing terms of this Agreement and agree that the act of using
+ the Program is an acknowledgment of your agreement to be bound by
+ the terms and conditions of this Agreement. You also acknowledge and
+ agree that this Agreement is the complete and exclusive statement of
+ the agreement between Hothead and you with regard to the subject
+ matter hereof and that this Agreement supersedes any prior or
+ contemporaneous agreement, either oral or written, and any other
+ communications between Hothead and you regarding the subject matter
+ hereof.
+
+/That's it! Not so bad, right? Thanks for supporting us and reading all
+the way to the end./