End User License Agreement
(last updated on March 4th 2017)
WECOME TO HOLODRIVE!
BEFORE USING HOLODRIVE (the “SOFTWARE”), PLEASE CAREFULLY READ THIS END USER LICENSE AGREEMENT (this “Agreement). THIS AGREEMENT governs your use of this software and all related documentation, updates, and upgrades REPLACING OR SUPPLEMENTING IT, UNLESS THESE UPGRADES OR SUPPLEMENTS ARE distributed with a separate license (collectively the “Software”).
THIS SOFTWARE IS LICENSED AND NOT SOLD. BY OPENING, DOWNLOADING, INSTALLING, COPYING, OR OTHERWISE USING THIS SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT WITH THE UNITED STATES LIMITED LIABILITY COMPANY VERSUS EVIL, LLC. (“Versus Evil” “we,” or “us”).
Restrictions. The Software license we grant to you is subject to your complete compliance with the terms in this Agreement and Privacy Statement. Any commercial use of this Software is prohibited. You are expressly prohibited from sublicensing, renting, leasing, or otherwise distributing the Software or rights to use the Software and/or any virtual goods and/or virtual currency that the Software may employ. Additionally, you agree that you that you will not:
- make a copy of the Software available on a network for use or download by multiple users;
- install the Software (or permit others to do same) on a network, for on-line use, or on more than one Gaming Platform at the same time;
- use or copy the Software at a computer gaming center or any other location-based site, unless, prior to any such use, Versus Evil provides you with a separate written license agreement, which we may issue in our sole discretion;
- reverse engineer, decompile, disassemble, display, perform, prepare derivative works based on or otherwise modify the Software in whole or in part;
- remove or modify any proprietary notices, marks, or labels contained on or within the Software;
- restrict or inhibit any other user from using and enjoying the Software and/or any online features;
- use any cheat or robot, spider, or other program in connection with any features of the Software;
- violate any other Versus Evil terms, policies, licenses, or code of conduct;
- transport, export, or re-export (directly or indirectly) into any country forbidden to receive the Software by any U.S. export laws or regulations or U.S. economic sanctions, or otherwise violate any laws or regulations.
Copyright. United States and international copyright and trademark law, including all applicable laws and treaties throughout the world, protect this Software. This Software may not be copied, reproduced, or distributed in any manner or medium, in whole or in part, without our prior written consent. Any persons copying, reproducing, or distributing all or any portion of the Software in any manner or medium will be willfully violating copyright laws and may be subject to civil and criminal penalties in the United States and/or their local country. Be advised that U.S. copyright violations are subject to statutory penalties of up to $150,000 per violation. You further understand and agree that the Software contains certain licensed materials, and Versus Evil’s licensors may also protect their rights in the event of any violation of this Agreement. Versus Evil and our licensors reserve all rights not expressly granted under this Agreement. You may not remove, alter, or obscure any product identification, copyright, or other intellectual property notices in the Software.
TECHNICAL PROTECTIONS. This Software may include access measures and technology that control your access to the underlying game and any of its features, including, without limitation, digital rights management software (“DRM”). DRM may prevent the creation or use of unauthorized copies of the Software, including attempts to exceed the rights and licenses granted under this Agreement. The technology and access measures we incorporate may also include license management, software activation, and other security technologies that monitor usage, including without limitation, time and date monitoring, counters, serial numbers, and other security devices designed to prevent unauthorized access, use, and copying of the Software or any portions or components thereof. The Software and any associated DRM may also require an Internet connection to access certain features, to authenticate the Software, or to perform other functions.
Versus Evil also reserves the right to monitor use of this Software at any time, and you agree not to interfere with this monitoring or with any of the access control measures or technology discussed above, or to attempt to disable or circumvent such security features. In the event you attempt to disrupt or interfere with any of our security or technology measures, the Software may not function properly. Only validly licensed will have access to our online services, including Internet-based updates and patches. Except as otherwise prohibited by applicable law, at any time and without notice and for any reason, Versus Evil may limit, suspend, or terminate the license granted to you hereunder, including your access to the Software and any related services and products, including any online products or services.
USER CREATED CONTENT. This Software may (but not in all cases) allow you to create personal game content, including, without limitation, game maps, screenshots, character designs and accessories, and gameplay videos (“User Contributions”). In the event that this functionality is included in this Software (at Versus Evil’s sole discretion), you agree that in exchange for your use of the Software and to the extent that your User Contributions give rise to any copyright interest, you grant to Versus Evil an exclusive, fully sublicensable, perpetual, irrevocable, fully transferable, and worldwide right and license to use and modify your User Contributions in any way and for any purpose in connection with the Software and related goods and services, including the right to broadcast, reproduce, copy, adapt, modify, perform, display, publish, transmit, or otherwise communicate to the public by any means whether now known or unknown and to distribute your User Contributions without any further notice or compensation to you of any kind for the whole duration of protection granted to intellectual property rights by applicable laws and international conventions. You also agree to waive any moral rights of paternity, publication, reputation, or attribution with respect to our and any other players’ use and enjoyment of your User Contributions in connection with the Software and related goods and services under applicable law. As provided herein, the license you grant to Versus Evil includes your waiver of all moral rights, and this waiver of moral rights survives any termination of this Agreement.
NO OWNERSHIP IN ACCOUNTS OR DOWNLOADABLE CONTENT. You acknowledge and agree that you do and will not have any ownership or property interest in any account, virtual currency, or any content that you download as part of the Software experience, including, without limitation, new levels, characters, character attributes, weapons, or any other digital goods. You further agree that all of the foregoing are licensed to you under the terms of this Agreement and during the term of this Agreement only. Versus Evil and its licensors reserve all rights, title, and interest in all of the foregoing. You further acknowledge and agree that none of the foregoing have any “real world” value. Furthermore, you understand and agree that Versus Evil does not recognize the transfer of any accounts, virtual currency, or downloadable content. You are not permitted to purchase, sell, gift, or trade any of the foregoing to any other party. Any such attempt will be null and void and may result in the immediate termination of this license and your use of the Software. Without limiting the foregoing, the Software may, in some circumstances, provide virtual marketplace functionality where Versus Evil authorized digital content can be transferred within the limitations of the Software and the terms of this Agreement. In these circumstances only, and only when such transfers are explicitly authorized or administered by Versus Evil or an approved third party will such acquisitions and transfers be valid.
THIRD PARTY SOFTWARE. This Software may, from time to time, contain third party software that requires notices and/or additional terms and conditions (including, without limitation, analytics software and ad serving technologies as discussed below). Such required third party software notices and/or additional terms and conditions are located on BitCake Studio’s website at http://www.projecttilt.com/bitcakestudio, and such terms are made a part of and incorporated by reference into this Agreement.
WARRANTY. THIS SOFTWARE IS PROVIDED “AS IS” AND WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND. THIS SOFTWARE IS PROVIDED TO YOU WITH ALL FAULTS, AND VERSUS EVIL, OUR LICENSORS AND DEVELOPERS AND SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF LACK OF VIRUSES, AND OF LACK OF NEGLIGENCE OR LACK OF WORKMANLIKE EFFORT. IN ADDITION TO THE FOREGOING, THERE IS NO WARRANTY OR CONDITION OF TITLE, OF QUIET ENJOYMENT, OR OF NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE AND/OR IT’S DOCUMENTATION IS WITH YOU.
EXCLUSION OF ALL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE, NOR OUR LICENSORS, DEVELOPERS, SUPPLIERS, OR SUBSIDIARIES BE LIABLE FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER FORM OF DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SOFTWARE, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE, WHETHER OR NOT VERSUS EVIL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. You further agree that your exclusive remedy and our entire liability for breach of this Agreement shall be limited, at our sole and exclusive discretion, to (1) replacement of any defective Software or documentation; or (2) refund of the license fee you paid in accordance with our refund policy. In no event will our total liability to you for all damages (except as required by applicable law) exceed the amount actually paid by you for the Software.
SOME JURISDICTIONS DO NOT ALLOW A LIMITATION OF LIABILITY FOR DEATH, PERSONAL INJURY, FRAUDULENT MISREPRESENTATIONS OR CERTAIN INTENTIONAL OR NEGLIGENT ACTS, OR VIOLATION OF SPECIFIC STATUTES, OR THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
Indemnification. You agree to indemnify, hold harmless, and at our request, to defend Versus Evil, our licensors, and our suppliers from any and all costs, damages, and reasonable attorneys’ fees resulting from any breach of this Agreement or any allegation or claim that your use of this Software has violated any right of any third party or violated any law. You also understand and agree that neither Versus Evil nor our licensors or suppliers have any obligation to defend, indemnify, nor to hold harmless you in any way related to this Agreement, including the use of the Software by you or any other person.
U.S. GOVERNMENT RESTRICTED RIGHTS. The Software and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Versus Evil reserves all unpublished-rights under the copyright laws of the United States.
EXPORT RESTRICTIONS. You agree to comply with all export and import laws and restrictions and regulations of the United States or any foreign nation, and you agree not to export, re-export or import the Software or its documentation in violation of any such restrictions, laws, or regulations. You further agree not to transfer the Software or its documentation to a foreign national, or national destination, which is prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization. You certify that you are not a person with whom Versus Evil is prohibited from transacting business under applicable law.
Partial Invalidity. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force and effect without being impaired or invalidated in any way.
NOTICES AND Consent to Electronic Notice. If for any purpose you provide Versus Evil with your email address, you agree to receive all notices and communications (“Notices”) from us in electronic form at such email address. Delivery of any Notice from Versus Evil is effective when sent to your email address, regardless of whether you actually receive or read the Notice. If you have provided your email address and do not wish to consent to electronic notice, you must uninstall and discontinue all use of Software.
For issues regarding customer support, please contact Versus Evil as follows:
If by mail to: CUSTOMER SUPPORT
VERSUS EVIL LLC
P.O. Box 482
Phoenix, MD 21131
If by email to: firstname.lastname@example.org.
You agree to send Versus Evil all legal notices, including notices of dispute and/or notices of infringement, to the following physical address:
ATTENTION: LEGAL DEPARTMENT
VERSUS EVIL EVIL LLC
P.O. Box 482
Phoenix, MD 21131
GOVERNING LAW. If you acquired this Software in the United States of America, then this Agreement will be governed by and construed in accordance with the substantive laws of the State of California, U.S.A., except as governed by federal law. If you acquired this Software outside of the United States of America, then local law may apply. The sole and exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the state and federal courts located in San Mateo County, California United States of America, unless waived by you in writing for the particular instance or if contrary to local law. You and Versus Evil each consent to the jurisdiction of such courts and agree that process may be served in the manner provided herein for giving of notices or otherwise as allowed by the State of Texas or federal law. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
DISPUTE RESOLUTION. If you and Versus Evil are unable to resolve a dispute through informal negotiations within 30 days after receipt of the notice of dispute (as sent by you to us at our legal address provided above, or by us to you at your email address or physical address as determined by Versus Evil), you and Versus Evil each agree that any claim or controversy arising out of this Agreement or the Software shall be settled by expedited binding arbitration in accordance with the rules of the American Arbitration Association. Such arbitration shall take place in San Mateo County, California, USA, and you waive any claim that such forum is inconvenient. Any such claim or controversy shall be arbitrated solely on an individual basis and shall not be consolidated with a claim of any other party. The arbitrator may not change the terms of this Agreement. The arbitrator may award injunctive or other equitable relief to enforce the terms of this Agreement, provided that no injunctive or equitable relief may be awarded that would enjoin or impair our rights or ability to distribute or otherwise market, advertise, promote, or exploit the Software. In the event it is judicially determined that any claim or controversy arising out of or related to this Agreement or the Software cannot be settled by expedited binding arbitration as provided above, then you agree that any such claims or controversies shall be brought and maintained in the state courts located within San Mateo County, California, USA, and you waive any claim that either such forum is inconvenient. The foregoing does not preclude us from seeking any injunctive or other relief for protection of our intellectual property rights or similar rights in any court of competent jurisdiction. Because we would be irreparably damaged if the terms of this Agreement were not specifically enforced, you agree that we 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 such other remedies as Versus Evil may otherwise have under applicable laws. The prevailing party in any action to enforce this Agreement shall be entitled to recover costs and expenses including, without limitation, reasonable attorney’s fees.
Versus Evil will further have the right, but not the obligation, to defend or settle, at our option, any action or proceeding arising from a claim that your permitted use of the Software infringes or misappropriates any patent, copyright, or other ownership of a third party. All notices of any such claim must be sent to Versus Evil within fourteen (14) days of your first knowledge of any such alleged infringement to our legal address as provided in the Notices and Consent to Electronic Notice section of this Agreement. We will have have sole discretion and control over the defense or settlement of any such claim as provided in the foregoing paragraph, unless it declines to defend or settle such claim, in which case you are free to pursue such course of action as you reasonably determine. We are not obligated to indemnify or hold you harmless with respect to any actions, proceedings or claims. In the event of such a claim, or if we believe such a claim is likely, we may (a) procure for you the right to continue using the Software; (b) modify the Software so that it becomes non-infringing; or (c) terminate this Agreement. You agree to comply with any court judgment or other conditions imposed on you or us as a result of an allegation of patent or copyright infringement (whether by court order, agreement or otherwise), whether or not such judgment or conditions contradict the conditions of this Agreement, including without limitation, ceasing use of the Software.
Copyright © 2017. Versus Evil, LLC. All Rights Reserved.[:]