End User License Agreement
PLEASE READ THIS END USER LICENSE AGREEMENT (THIS "AGREEMENT") CAREFULLY. BY CLICKING THE "ACCEPT" BUTTON BELOW OR BY USING BATTLEDEX (THE "GAME") OF WHICH THE GAME CLIENT SOFTWARE (THIS "SOFTWARE") IS A COMPONENT, YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN CONTRACT SIGNED BY YOU. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THE AGREEMENT, CLICK ON THE BUTTON THAT INDICATES THAT YOU DO NOT AGREE TO ACCEPT THE TERMS OF THIS AGREEMENT, AND DO NOT COMPLETE INSTALLATION OF THE SOFTWARE.
I. License Grant.
Subject to the terms and conditions of this Agreement, Bandera Games, LLC. ("Bandera Games", the "Company", "Us", "We" and "Our”) hereby grants to the user ("You") a non-exclusive, non-transferable license to internally install and execute solely as a component of the Game (i) the Software and related explanatory materials ("Documentation"); and (ii) any Software upgrades, patches, subsequent versions, and updates (collectively "Updates") licensed to You by Bandera Games.
This Agreement is effective upon Your installation of the Software and shall continue until terminated as provided herein. This Agreement will terminate automatically if You fail to comply with any of the limitations or other requirements described herein. Upon any termination or expiration of this Agreement, You must cease use of the Software and destroy all copies of the Software in Your possession or control.
III. Ownership Rights.
You do not own the Software. The Software is protected by copyright and other intellectual property laws and treaties, and is licensed and not sold. Bandera Games and its suppliers own and retain all right, title and interest in and to the Software and You do not acquire any rights to the Software except as expressly set forth in this Agreement. All intellectual property rights in and to the Game (including, but not limited to any titles, computer code, objects, artifacts, characters, character names, locations, location names, stories, story lines, dialog, catch phrases, artwork, structural or landscape designs, animations, sounds, musical compositions and recordings, audio-visual effects, character likenesses, and methods of operation) are owned or licensed by Bandera Games. The Game may contain materials licensed by third parties, and the licensors of those materials may enforce their rights in the event of any violation of this License Agreement.
IV. Additional License Limitations.
The license granted to you in Section I is subject to the limitations set forth in Sections II, III and IV (collectively, the "License Limitations"). Any use of the Software in violation of the License Limitations is an unauthorized use of the Software outside of the license granted to you in Section I, and will be regarded as an infringement of the copyrights Bandera Games holds in and to the Software and the Game. You agree that you will not, under any circumstances:
A. sell, lease, license, rent, loan or otherwise transfer the Software;
B. reverse engineer, decompile, or disassemble the Software;
C. modify or cause to be modified any files that are part of the Software in any way not expressly authorized by Bandera Games;
D. make use of, or cause any other person or entity to make use of, the Software or the Game for any commercial purpose, including but not limited to:
(i) participating in the Game in exchange for payment (e.g. "leveling" services),
(ii) the sale of in-Game items outside of the Game, except as such transactions may be authorized by Bandera Games and conducted via services provided by Bandera Games, and
(iii) the sale of Game accounts, except as such transactions may be authorized by Bandera Games and conducted via services provided by Bandera Games;
E. create derivative works based upon the Software or the Game in whole or in part for any purpose, except that you are authorized to:
(i) make one copy of the Software and the Documentation for personal archival purposes only, and
(ii) use third party image and video capture software to capture the output of the Software as audio, video and/or still image files for personal, not for profit use pursuant to the Terms of Service;
F. use any unauthorized third party programs, including but not limited to "mods," "hacks," "cheats," "scripts," "bots," "trainers," and automation programs, that interact with the Software in any way, for any purpose, including but not limited to any unauthorized third party programs that intercept, emulate, or redirect any communication between the Software and Bandera Games and any unauthorized third party programs that collect information about the Game by reading areas of memory used by the Software to store information.
V. Consent to Monitor and Termination of Access.
When You are using the Software, the Software may monitor Your computer's random access memory for unauthorized third party programs prohibited by Section IV.F that interact with the Software or the Game. In the event that the Software detects an unauthorized third party program prohibited by Section IV.F, information may be communicated back to Bandera Games, including the name of your account, your internet protocol (IP) address, details about the unauthorized third party program detected, and the time and date that the unauthorized third party program was detected, with or without additional notice to You. No other information about You or Your computer will be communicated to Bandera Games. If the Software detects the use of an unauthorized third party program, Your access to the Game may be terminated with or without additional notice to you.
Bandera Games may provide Updates to the Software that must be installed for You to continue to play the Game. You hereby grant to Bandera Games Your consent to install such Updates to Your computer without additional notification to You.
VII. Terms of Service.
You must accept the Terms of Service in order to use the Game. The Terms of Service Agreement governs all aspects of game play. You may view the Terms of Service at http://www.battledexgame.com/legal/tos.php. If you do not agree to the Terms of Service, then you may not register for an account or play the Game.
VIII. Termination of Agreement.
This Agreement is effective until terminated. You may terminate the Agreement at any time by removing the Software from Your computer’s permanent memory, destroying any copy of the software you may have made pursuant to Section IV.E, and notifying Bandera Games of your intention to terminate this Agreement. Bandera Games may terminate this Agreement at any time for any reason or no reason. Upon termination, Your license grant as set forth in Section I shall immediately terminate and you must immediately remove the Software from your computer’s permanent memory and destroy any copy of the software you may have made pursuant to Section IV.E.
IX. Changes to the Agreement.
You agree that Bandera Games has right to change, modify, add to, supplement or delete any of the terms and conditions of this Agreement, effective upon notice as follows: Bandera Games will post the revised version of this Agreement on the BattleDex website and will also provide You the opportunity to accept or reject the modified agreement when launching the Game. If the changes to the Agreement are unacceptable to you or cause you to no longer be in compliance with the Agreement, you may terminate the Agreement in accordance with Section VIII.
X. Termination and Changes to Game.
You acknowledge have no interest, monetary or otherwise, in any feature of or content in the Game. You agree that Bandera Games may stop providing support for or access to the Game at any time for any reason or no reason. You also agree that Bandera Games may change, modify, suspend, "nerf," discontinue, or restrict Your access to any features or parts of the Game at any time without notice or liability to You.
XI. Warranty and Disclaimer.
A. Warranty Disclaimer.
THE SOFTWARE IS PROVIDED TO YOU "AS IS" AND BANDERA GAMES MAKES NO WARRANTY, CONDITION OR REPRESENTATION (EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, OR FITNESS FOR A PARTICULAR PURPOSE. YOU ASSUME ALL RESPONSIBILITY FOR SELECTING THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE SOFTWARE. WITHOUT LIMITING THE FOREGOING, BANDERA GAMES MAKES NO WARRANTY THAT THE SOFTWARE WILL BE ERROR-FREE, THAT THE GAME WILL BE FREE FROM INTERRUPTIONS OR OTHER FAILURES, OR THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS.
XII. Limitation of Liability.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL BANDERA GAMES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR LOSS OF PROFITS, LOSS OF GOODWILL, OR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR GROSS NEGLIGENCE OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR FOR ANY OTHER DAMAGE OR LOSS. IN NO EVENT SHALL BANDERA GAMES BE LIABLE FOR ANY DAMAGES IN EXCESS OF ANY AMOUNT YOU HAVE PAID BANDERA GAMES FOR THE GAME AND GAME-RELATED TRANSACTIONS, IF ANY, EVEN IF BANDERA GAMES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify, hold harmless, and defend Bandera Games from and against all claims or lawsuits, including attorney’s fees, that arise or result from Your use or misuse of the Software, or violation of any of the terms of this License.
XIV. Export Controls.
The Software is subject to all applicable export restrictions. You must comply with all export and import laws and restrictions and regulations of any United States or foreign agency or authority relating to the Software and its use. The Software may not be downloaded or installed by a national or resident of any country to which the U.S. has embargoed goods, or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. You represent and warrant that You are not located in, under the control of, or a national or resident of any such country or on any such list.
XV. Entire Agreement.
This Agreement (including any amendments You subsequently agree to and the Terms of Service Agreement, which is incorporated herein by reference) represents the complete agreement between You and Bandera Games concerning the subject matter of the Agreement, and supersedes any prior agreements and representations between You and Bandera Games.
XVI. Reform and Severability.
If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed to the extent necessary to make it enforceable to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect.
XVII. Applicable Law And Venue.
This Agreement shall be governed by and construed under the laws of the state of California without reference to its conflict of law principles. Each party agrees to submit to the exclusive and personal jurisdiction of the courts located in Los Angeles County, California. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act shall not apply to this Agreement.
XVIII. Bandera Games Customer Contact.
If You have any questions concerning these terms and conditions, or if You would like to contact Bandera Games for any other reason, please contact Bandera Games support at firstname.lastname@example.org.