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END USER LICENSE AGREEMENT
This End User License Agreement ("EULA") governs your download, installation, use of, and access to, the game You Are A Bird (the "Game") that is provided by Othercrow.
BY CLICKING THE “ACCEPT” BUTTON OR OTHERWISE ACKNOWLEDGING YOUR ACCEPTANCE OF THIS EULA OR BY USING THE GAME, YOU ACCEPT THIS EULA AND AGREE TO BE LEGALLY BOUND TO ITS TERMS. THIS EULA IS EFFECTIVE AS OF THE EARLIER OF YOUR ACCEPTING THESE TERMS AND YOUR USE OF THE GAME. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, OTHERCROW WILL NOT AND DOES NOT LICENSE THE GAME TO YOU AND YOU MUST NOT DOWNLOAD, INSTALL, OR OTHERWISE USE THE GAME.
1.) Ownership.
The Game is the valuable property of Othercrow and Othercrow's licensors and is protected by copyright and other intellectual property laws and treaties. Othercrow, and Othercrow's licensors, own all right, title and interest in and to the Game, including all copyright and other intellectual property rights therein. Othercrow reserves all rights not expressly granted to you.
2.) Scope of License.
The Game is licensed, not sold, to you. Subject to the terms and conditions of this EULA, Othercrow grants you a limited, non-exclusive, non-transferable license to download, install and use the Game on a computer, handheld or mobile device, or otherwise (each, a "Device") that you own or control.
3.) License Restrictions.
You agree that you will not do, or allow, any of the following:
a. use the Game on any Device you do not own or control.
b. distribute, copy, license, rent, sell, publish, lease or otherwise transfer the Game to any third party.
c. reverse engineer, decompile, modify, disassemble, or create derivative works of the software and other proprietary technology in the Game, in whole or in part.
d. remove, alter, or obscure any copyright, trademark or other proprietary rights notice on or in the Game.
e. work around any technical limitations in the Game.
f. use the Game for purposes for which it was not designed.
g. use, export, or re-export the Game in violation of any applicable laws or regulations of the United States government, including but not limited to U.S. export control laws.
If you breach any of these restrictions, you may be subject to prosecution and damages.
4.) Feedback.
If you provide any ideas, suggestions or recommendations to Othercrow regarding the Game (“Feedback”), Othercrow is free to retain, use and incorporate such Feedback in Othercrow’s products and/or services, including the Game, without payment of royalties or other consideration.
5.) Support.
Othercrow is not obligated to provide any support or maintenance services for the Game at this time. If you have any questions regarding the Game, please contact .
6.) No Warranty.
YOU ACKNOWLEDGE AND AGREE THAT: (A) THE GAME MAY CONTAIN BUGS, ERRORS, AND DEFECTS; (B) USE OF THE GAME IS AT YOUR SOLE RISK; AND (C) THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. ACCORDINGLY, THE GAME IS PROVIDED "AS IS," "AS AVAILABLE," WITH ALL FAULTS, DEFECTS AND ERRORS AND WITHOUT WARRANTY OF ANY KIND. OTHERCROW DISCLAIMS ALL WARRANTIES (EXPRESS AND IMPLIED AND ARISING BY LAW OR OTHERWISE) REGARDING THE GAME AND ITS SUITABILITY FOR YOUR INTENDED USE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT. OTHERCROW WILL HAVE NO LIABILITY OF ANY KIND FOR THE USE OF, OR INABILITY TO USE, THE GAME OR ANY SERVICE THAT THE GAME IS INTENDED TO ACCESS OR FOR ANY LOSS OF DATA. OTHERCROW does not REPRESENT OR warrant that the Game will be delivered free of any interruptions, delays, omissions or errors (“Faults”) or in a secure manner or that any Faults will be corrected. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY OTHERCROW OR OTHERCROW'S AUTHORIZED REPRESENTATIVES WILL CREATE A WARRANTY. IN THE EVENT THAT THE GAME PROVES DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
The laws of some states or jurisdictions do not allow the exclusion of implied warranties. To the extent that those laws apply, the exclusions set forth above may not apply to you.
7.) Indemnification.
To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Othercrow, Othercrow's affiliates, independent contractors and service providers, and each of their respective members, directors, offices, employees and agents ("Representatives") from and against all claims, damages, costs, liabilities and expenses (including but not limited to reasonable attorneys' fees) arising out of or related to your download or installation of and access to, or inability to download, install or access, the Game. In the event of any claim that the Game, or your possession or use thereof, infringes any intellectual property rights of a third party, you agree to contact Othercrow. Othercrow will, at their option, terminate the license granted herein, settle or defend the claim.
8.) Limitation of Liability.
To the fullest extent permitted by applicable law: (A) OTHERCROW AND OTHERCROW'S REPRESENTATIVES WILL HAVE NO LIABILITY (WHETHER IN CONTRACT, WARRANTY, TORT, NEGLIGENCE OR OTHERWISE) FOR ANY DAMAGES SUSTAINED BY YOU ARISING FROM YOUR DOWNLOAD OR INSTALLATION OF, OR ACCESS TO, THE GAME, INCLUDING WITHOUT LIMITATION ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OR LOSS OF DATA, EVEN IF OTHERCROW OR OTHERCROW'S REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (B) YOU CAN RECOVER ONLY DIRECT DAMAGES FOR THE GREATER OF $10.00 AND THE AMOUNT YOU PAID FOR THE GAME.
9.) Government Restricted Rights
If acquired by any agency or subcontractor of the United States government, such entity acknowledges that:
a. the Game has been developed entirely at private expense and constitutes "commercial computer software" or "commercial computer software documentation" for purposes of 48 C.F.R. §12.212 and 48 C.F.R. §227.7202, as applicable.
b. such entity's rights are limited to those specifically granted under this EULA.
10.) Termination.
Any use of the Game other than as specifically authorized under this EULA without the prior written permission of Othercrow is strictly prohibited and will immediately terminate the license granted herein. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. You may terminate this EULA at any time by (a) ceasing use of the Game and (b) deleting all copies of the Game in your possession or control. Othercrow reserves the right to terminate this EULA at any time, for any or no reason. In the event of termination, the license granted to you herein will automatically terminate and you must immediately cease all use of the Game and destroy all copies of the Game within your possession or control.
11.) Survival.
Sections 1, 3-9, 10 (last sentence only), and 12-16 of this EULA will survive any termination of this EULA.
12.) Patches and Updates.
The terms of this EULA will govern any updates or upgrades provided by Othercrow, unless such update or upgrade is accompanied by a separate license, in which case the terms of that separate license will govern. Your next use of the Game may be governed by a different EULA and it is your responsibility to check this EULA periodically for changes. You use or continued use of the Game following the posting of any changes to this EULA or any other posted policies will constitute your acceptance of, and agreement to be bound by, the changed terms or policies. Othercrow reserves the right to modify or discontinue, temporarily or permanently, the Game (or any features or portions thereof) without prior notice. Othercrow also may impose limits on the use of or access to the Game, in any case and without notice or liability.
13.) Dispute Resolution; Arbitration.
If any dispute arises between the under this EULA that cannot be resolved by mutual agreement after correspondence and meetings between us, it will be finally settled under the JAMS Comprehensive Arbitration Rules and Procedures, by one or more arbitrators appointed in accordance with such Rules and Procedures. Arbitration will be held in Lake County, Indiana, or at some other mutually agreeable location.
14.) Governing Law and Venue.
This EULA and your download and installation of, and access to, the Game will be governed by and interpreted in accordance with the laws of the State of Indiana, without reference to its choice of law rules. Each party irrevocably consents to the jurisdiction and venue of the federal and state courts located in Lake County, Indiana, with respect to any dispute between the parties that is not subject to arbitration under this EULA.
15.) Conflicts.
In the event of a conflict between the terms of this EULA and any other written or oral agreement related to the Game the terms of this EULA will control. An omission or supplemental term will not be deemed a conflict.
16.) Miscellaneous.
If any provision of this EULA is found to be invalid or unenforceable, such provision will be deemed to be restated to reflect the original intention of the parties to the maximum extent possible and in accordance with applicable law, and the remaining provisions, terms, covenants, and restrictions of this EULA will remain in full force and effect. You may not assign this EULA or any of your rights under this EULA without the prior written consent of Othercrow. Any attempted assignment without such consent will be void. Subject to the foregoing restriction, this EULA will be fully binding upon, inure to the benefit of, and be enforceable by Othercrow and Othercrow's respective successors and assigns. Any failure by Othercrow to insist upon or enforce performance by you of any of the provisions of this EULA or to exercise any rights or remedies under this EULA or otherwise by law will not be construed as a waiver or relinquishment of any right to assert or rely upon the provision, right or remedy in that or any other instance; rather, the provision, right or remedy will be and will remain in full force and effect.
This End User License Agreement ("EULA") governs your download, installation, use of, and access to, the game You Are A Bird (the "Game") that is provided by Othercrow.
BY CLICKING THE “ACCEPT” BUTTON OR OTHERWISE ACKNOWLEDGING YOUR ACCEPTANCE OF THIS EULA OR BY USING THE GAME, YOU ACCEPT THIS EULA AND AGREE TO BE LEGALLY BOUND TO ITS TERMS. THIS EULA IS EFFECTIVE AS OF THE EARLIER OF YOUR ACCEPTING THESE TERMS AND YOUR USE OF THE GAME. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, OTHERCROW WILL NOT AND DOES NOT LICENSE THE GAME TO YOU AND YOU MUST NOT DOWNLOAD, INSTALL, OR OTHERWISE USE THE GAME.
1.) Ownership.
The Game is the valuable property of Othercrow and Othercrow's licensors and is protected by copyright and other intellectual property laws and treaties. Othercrow, and Othercrow's licensors, own all right, title and interest in and to the Game, including all copyright and other intellectual property rights therein. Othercrow reserves all rights not expressly granted to you.
2.) Scope of License.
The Game is licensed, not sold, to you. Subject to the terms and conditions of this EULA, Othercrow grants you a limited, non-exclusive, non-transferable license to download, install and use the Game on a computer, handheld or mobile device, or otherwise (each, a "Device") that you own or control.
3.) License Restrictions.
You agree that you will not do, or allow, any of the following:
a. use the Game on any Device you do not own or control.
b. distribute, copy, license, rent, sell, publish, lease or otherwise transfer the Game to any third party.
c. reverse engineer, decompile, modify, disassemble, or create derivative works of the software and other proprietary technology in the Game, in whole or in part.
d. remove, alter, or obscure any copyright, trademark or other proprietary rights notice on or in the Game.
e. work around any technical limitations in the Game.
f. use the Game for purposes for which it was not designed.
g. use, export, or re-export the Game in violation of any applicable laws or regulations of the United States government, including but not limited to U.S. export control laws.
If you breach any of these restrictions, you may be subject to prosecution and damages.
4.) Feedback.
If you provide any ideas, suggestions or recommendations to Othercrow regarding the Game (“Feedback”), Othercrow is free to retain, use and incorporate such Feedback in Othercrow’s products and/or services, including the Game, without payment of royalties or other consideration.
5.) Support.
Othercrow is not obligated to provide any support or maintenance services for the Game at this time. If you have any questions regarding the Game, please contact .
6.) No Warranty.
YOU ACKNOWLEDGE AND AGREE THAT: (A) THE GAME MAY CONTAIN BUGS, ERRORS, AND DEFECTS; (B) USE OF THE GAME IS AT YOUR SOLE RISK; AND (C) THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. ACCORDINGLY, THE GAME IS PROVIDED "AS IS," "AS AVAILABLE," WITH ALL FAULTS, DEFECTS AND ERRORS AND WITHOUT WARRANTY OF ANY KIND. OTHERCROW DISCLAIMS ALL WARRANTIES (EXPRESS AND IMPLIED AND ARISING BY LAW OR OTHERWISE) REGARDING THE GAME AND ITS SUITABILITY FOR YOUR INTENDED USE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT. OTHERCROW WILL HAVE NO LIABILITY OF ANY KIND FOR THE USE OF, OR INABILITY TO USE, THE GAME OR ANY SERVICE THAT THE GAME IS INTENDED TO ACCESS OR FOR ANY LOSS OF DATA. OTHERCROW does not REPRESENT OR warrant that the Game will be delivered free of any interruptions, delays, omissions or errors (“Faults”) or in a secure manner or that any Faults will be corrected. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY OTHERCROW OR OTHERCROW'S AUTHORIZED REPRESENTATIVES WILL CREATE A WARRANTY. IN THE EVENT THAT THE GAME PROVES DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
The laws of some states or jurisdictions do not allow the exclusion of implied warranties. To the extent that those laws apply, the exclusions set forth above may not apply to you.
7.) Indemnification.
To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Othercrow, Othercrow's affiliates, independent contractors and service providers, and each of their respective members, directors, offices, employees and agents ("Representatives") from and against all claims, damages, costs, liabilities and expenses (including but not limited to reasonable attorneys' fees) arising out of or related to your download or installation of and access to, or inability to download, install or access, the Game. In the event of any claim that the Game, or your possession or use thereof, infringes any intellectual property rights of a third party, you agree to contact Othercrow. Othercrow will, at their option, terminate the license granted herein, settle or defend the claim.
8.) Limitation of Liability.
To the fullest extent permitted by applicable law: (A) OTHERCROW AND OTHERCROW'S REPRESENTATIVES WILL HAVE NO LIABILITY (WHETHER IN CONTRACT, WARRANTY, TORT, NEGLIGENCE OR OTHERWISE) FOR ANY DAMAGES SUSTAINED BY YOU ARISING FROM YOUR DOWNLOAD OR INSTALLATION OF, OR ACCESS TO, THE GAME, INCLUDING WITHOUT LIMITATION ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OR LOSS OF DATA, EVEN IF OTHERCROW OR OTHERCROW'S REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (B) YOU CAN RECOVER ONLY DIRECT DAMAGES FOR THE GREATER OF $10.00 AND THE AMOUNT YOU PAID FOR THE GAME.
9.) Government Restricted Rights
If acquired by any agency or subcontractor of the United States government, such entity acknowledges that:
a. the Game has been developed entirely at private expense and constitutes "commercial computer software" or "commercial computer software documentation" for purposes of 48 C.F.R. §12.212 and 48 C.F.R. §227.7202, as applicable.
b. such entity's rights are limited to those specifically granted under this EULA.
10.) Termination.
Any use of the Game other than as specifically authorized under this EULA without the prior written permission of Othercrow is strictly prohibited and will immediately terminate the license granted herein. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. You may terminate this EULA at any time by (a) ceasing use of the Game and (b) deleting all copies of the Game in your possession or control. Othercrow reserves the right to terminate this EULA at any time, for any or no reason. In the event of termination, the license granted to you herein will automatically terminate and you must immediately cease all use of the Game and destroy all copies of the Game within your possession or control.
11.) Survival.
Sections 1, 3-9, 10 (last sentence only), and 12-16 of this EULA will survive any termination of this EULA.
12.) Patches and Updates.
The terms of this EULA will govern any updates or upgrades provided by Othercrow, unless such update or upgrade is accompanied by a separate license, in which case the terms of that separate license will govern. Your next use of the Game may be governed by a different EULA and it is your responsibility to check this EULA periodically for changes. You use or continued use of the Game following the posting of any changes to this EULA or any other posted policies will constitute your acceptance of, and agreement to be bound by, the changed terms or policies. Othercrow reserves the right to modify or discontinue, temporarily or permanently, the Game (or any features or portions thereof) without prior notice. Othercrow also may impose limits on the use of or access to the Game, in any case and without notice or liability.
13.) Dispute Resolution; Arbitration.
If any dispute arises between the under this EULA that cannot be resolved by mutual agreement after correspondence and meetings between us, it will be finally settled under the JAMS Comprehensive Arbitration Rules and Procedures, by one or more arbitrators appointed in accordance with such Rules and Procedures. Arbitration will be held in Lake County, Indiana, or at some other mutually agreeable location.
14.) Governing Law and Venue.
This EULA and your download and installation of, and access to, the Game will be governed by and interpreted in accordance with the laws of the State of Indiana, without reference to its choice of law rules. Each party irrevocably consents to the jurisdiction and venue of the federal and state courts located in Lake County, Indiana, with respect to any dispute between the parties that is not subject to arbitration under this EULA.
15.) Conflicts.
In the event of a conflict between the terms of this EULA and any other written or oral agreement related to the Game the terms of this EULA will control. An omission or supplemental term will not be deemed a conflict.
16.) Miscellaneous.
If any provision of this EULA is found to be invalid or unenforceable, such provision will be deemed to be restated to reflect the original intention of the parties to the maximum extent possible and in accordance with applicable law, and the remaining provisions, terms, covenants, and restrictions of this EULA will remain in full force and effect. You may not assign this EULA or any of your rights under this EULA without the prior written consent of Othercrow. Any attempted assignment without such consent will be void. Subject to the foregoing restriction, this EULA will be fully binding upon, inure to the benefit of, and be enforceable by Othercrow and Othercrow's respective successors and assigns. Any failure by Othercrow to insist upon or enforce performance by you of any of the provisions of this EULA or to exercise any rights or remedies under this EULA or otherwise by law will not be construed as a waiver or relinquishment of any right to assert or rely upon the provision, right or remedy in that or any other instance; rather, the provision, right or remedy will be and will remain in full force and effect.