TERMINATION
This EULA is effective until terminated. You may terminate this EULA at any time by destroying the Software. This EULA will
terminate automatically without notice from the Company if you fail to comply with any provisions of this EULA. All provisions
of this EULA as to warranties, limitation of liability, remedies and damages will survive termination.
LIMITED W
ARRANTY AND DISCLAIMER OF WARRANTIES
You are aware and agree that use of the Software and the media on which is recorded is at your sole risk. The Software and
media are supplied “AS IS.” Unless otherwise provided by applicable law, the Company warrants to the original purchaser
of this product that the Software storage medium will be free from defects in materials and workmanship under normal use
for ninety (90) days from the date of purchase. The warranty is void if the defect has arisen through accident, abuse, neglect
or misapplication. If the Software fails to conform to this warranty, you may at your sole and exclusive remedy, obtain a
replacement free of charge if you return the defective Software. Follow the Product Return Procedures described in the
Manual. The Company does not warrant that the Software or its operations or functions will meet your requirements, or that
the use of the Software will be without interruption or error.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, EXCEPT FOR THE EXPRESS WARRANTY SET FORTH ABOVE, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING
AND WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. EXCEPT FOR THE EXPRESS W ARRANTY SET FORTH ABOVE,
THE COMPANY DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATION REGARDING THE USE
OR THE RESULTS OF THE USE OF THE SOFTWARE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS OR OTHERWISE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR
LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY
TO YOU.
LIMIT
ATION OF LIABILITY
IN NO EVENT WILL THE COMPANY OR ITS EMPLOYEES OR LICENSORS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY DAMAGES WHATSOEVER (INCLUDING,
WITHOUT LIMITA TION, DAMAGES FOR INJURY TO PERSON OR PROPERTY, FOR LOSS OF PROFITS, BUSINESS
INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY AND
NEGLIGENCE) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OR INABILITY TO USE THE SOFTWARE,
EVEN IF THE COMPANY OR AN AUTHORIZED REPRESENTATIVE OF THE COMPANY HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
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PERMITTED USES
1. If the Software is configured for loading on a hard drive, you may install and use the Software on a single computer.
2. You may make and maintain one copy of the Software for backup and archival purposes, provided that the original and
copy of the Software are kept in your possession.
3. You may permanently transfer all your rights under this EULA, provided you retain no copies, you transfer all of the
Software (including all component parts, the media and printed materials and any upgrades) and the recipient reads and
accepts this EULA.
RESTRICTIONS
1. You may not delete or obscure any copyright, trademark or other proprietary notice on the Software or accompanying
printed materials.
2. You may not decompile, modify, reverse engineer, disassemble or otherwise reproduce the Software.
3. You may not copy, rent, lease, sublicense, distribute, publicly display the Software, create derivative works based on the
Software (except to the extent expressly permitted in the Editor and End-User Variation section of this Agreement or other
documentation accompanying the Software) or otherwise commercially exploit the Software.
4. You may not electronically transmit the Software from one computer, console or other platform to another or over a
network.
5. You may not use any backup or archival copy of the Software for any purpose other than to replace the original copy in the
event it’s destroyed or becomes defective.
EDITOR AND END-USER V
ARIATIONS
If the Software includes a feature that allows you to modify the Software or to construct new variations (an “Editor”), you may
use such Editor to create modifications or enhancements to the Software, including the construction of new levels (collectively the “Variations”), subject to the following restrictions. Your Variations: (i) must only work with the full, registered copy
of the Software; (ii) must not contain modifications to any executable file; (iii) must not contain any libelous, defamatory or
other illegal material, material that is scandalous or invades the rights of privacy or publicity of any third party; (iv) must not
contain any trademarks, copyright-protected work or other property of third parties; and (v) may not be commercially exploited by you, including but not limited to making such Variations available for sale or as part of a pay-per-play or timesharing
service.
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