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Please read this End-User License Agreement (the "Agreement") carefully before clicking on "I accept the agreement", installing from this package (the "Installation Package"), or using GearBlocks (the "Game").
The "Game" refers to all executable computer programs, software code, and all accompanying data files included in this Installation Package.
By clicking on "I accept the agreement", installing, or using the Game, you (the "User") are agreeing that this Agreement is a legally binding and valid contract and agree to be bound by its terms and conditions.
If you do not agree to the terms of this Agreement, do not click on "I accept the agreement" and do not install or use the Game.
1. LICENSE
SmashHammer Games Inc. grants the User a revocable, non-exclusive, non-transferable, limited license to install (record into the memory of a computer) and use the Game strictly in accordance with the terms and conditions of this Agreement.
Any future versions of this Game may include an updated Agreement.
2. COPYRIGHT
The title, copyright, intellectual property rights, and distribution rights of the Game remain exclusively with SmashHammer Games Inc. This Agreement constitutes a license for use only and is not in any way a transfer of ownership rights to the software.
All rights not expressly granted here are reserved by SmashHammer Games Inc.
3. RESTRICTIONS
The User is prohibited from:-
- Selling, renting, leasing, sub-licensing the Game for payment among any third parties, and otherwise commercially exploiting the Game for any purpose, except where expressly permitted in this Agreement.
- Bundling or distributing the Game with any other package.
- Extracting and distributing any individual component of the Game, including but not limited to, executable computer programs, software code, 3D model files, image files, audio files, and all other accompanying data files.
- Altering, merging, adapting, decompiling, disassembling, modifying, in any way changing the Game.
- Creating derivative works based upon the Game.
- Using the Game in other ways that are not expressly stipulated in this Agreement.
4. CONSENT TO USE OF DATA
The User hereby agrees that SmashHammer Games Inc. may collect, store for an indefinite term, and otherwise process anonymous technical information, which SmashHammer Games Inc. needs in order to identify and eliminate problems with, or otherwise improve, the operation of the Game.
The User agrees that the Game may use their Internet connection for the purposes of collecting this information.
5. USER CREATED CONTENT
"User-created content" is any content created by the User using the Game, including but not limited to, save game files, screenshots, videos, and video streams.
User-created content may be freely published, shared, and distributed. The User agrees that by making User-created content available via any communication channels, SmashHammer Games Inc. is granted a non-exclusive right to use, copy, modify, adapt, distribute, and publicly display that content for any purpose, including but not limited to, development of the Game, marketing, and promotional materials.
The User may not make commercial use of any User-created content, with the exception of videos and video streams of the Game that they create and upload to video sharing and streaming sites.
By publishing User-created content the User agrees that any other licensed user may create a derivative work based on that content.
Any User-created content made available by the User must be their own creation, or they must have permission or the legal right to publish it. The User must not and agrees that they will not make any content available that infringes on the rights of others. Neither SmashHammer Games Inc. nor its employees, licensors, and partners shall bear any liability in any way for copyright infringement arising from any User-created content.
6. WARRANTY DISCLAIMER
To the maximum extent allowed by applicable law SmashHammer Games Inc. expressly waives any warranties, direct or indirect, towards the User regarding the Game. The Game is provided "as is" without warranty of any kind, either express or implied, including, without limitation, warranties or conditions of quality, performance, non-infringement, merchantability, and fitness for use for a particular purpose. This disclaimer applies to all files generated and edited by the Game as well.
The User shall assume all risks related to any damage and losses arising from use or impossibility of using the Game. SmashHammer Games Inc. does not guarantee that the Game meets the User's requirements and that Game operation will be unfailing and error-free.
7. LIMITATION OF LIABILITY
To the maximum extent allowed by applicable law neither SmashHammer Games Inc. nor its employees, licensors, and partners shall bear any liability to the User for any damage (including but not limited to, actual losses, incidental losses, indirect losses, lost profit, computer failure or malfunction, lost data, regardless of whether such damage was predictable or not) arising in connection with this Agreement and with the User's operation of the Game.
Neither SmashHammer Games Inc. nor its employees, licensors, and partners shall be liable in any way for any costs arising from the User's operation of the Game, including but not limited to, charges arising from the Game's use of the User's Internet connection.
SmashHammer Games Inc. shall not bear liability for inability to install or launch the Game on the User's computer and also for possible errors and failures in the Game operation.
8. TERM AND TERMINATION
This Agreement shall remain in effect until terminated by the User or SmashHammer Games Inc.
SmashHammer Games Inc. may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.
This Agreement will terminate immediately, without prior notice from SmashHammer Games Inc., in the event that the User fails to comply with any provision of this Agreement. The User may also terminate this Agreement by deleting the Game and all copies thereof from their computer.
Upon termination of this Agreement, the User shall cease all use of the Game and delete all copies of the Game from their computer.
9. SEVERABILITY
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
10. GOVERNING LAW
This Agreement will be enforced or construed according to the laws of Canada. Any dispute arising out of this Agreement shall be settled by a court of relevant jurisdiction in SmashHammer Games Inc.'s location.
The "Game" refers to all executable computer programs, software code, and all accompanying data files included in this Installation Package.
By clicking on "I accept the agreement", installing, or using the Game, you (the "User") are agreeing that this Agreement is a legally binding and valid contract and agree to be bound by its terms and conditions.
If you do not agree to the terms of this Agreement, do not click on "I accept the agreement" and do not install or use the Game.
1. LICENSE
SmashHammer Games Inc. grants the User a revocable, non-exclusive, non-transferable, limited license to install (record into the memory of a computer) and use the Game strictly in accordance with the terms and conditions of this Agreement.
Any future versions of this Game may include an updated Agreement.
2. COPYRIGHT
The title, copyright, intellectual property rights, and distribution rights of the Game remain exclusively with SmashHammer Games Inc. This Agreement constitutes a license for use only and is not in any way a transfer of ownership rights to the software.
All rights not expressly granted here are reserved by SmashHammer Games Inc.
3. RESTRICTIONS
The User is prohibited from:-
- Selling, renting, leasing, sub-licensing the Game for payment among any third parties, and otherwise commercially exploiting the Game for any purpose, except where expressly permitted in this Agreement.
- Bundling or distributing the Game with any other package.
- Extracting and distributing any individual component of the Game, including but not limited to, executable computer programs, software code, 3D model files, image files, audio files, and all other accompanying data files.
- Altering, merging, adapting, decompiling, disassembling, modifying, in any way changing the Game.
- Creating derivative works based upon the Game.
- Using the Game in other ways that are not expressly stipulated in this Agreement.
4. CONSENT TO USE OF DATA
The User hereby agrees that SmashHammer Games Inc. may collect, store for an indefinite term, and otherwise process anonymous technical information, which SmashHammer Games Inc. needs in order to identify and eliminate problems with, or otherwise improve, the operation of the Game.
The User agrees that the Game may use their Internet connection for the purposes of collecting this information.
5. USER CREATED CONTENT
"User-created content" is any content created by the User using the Game, including but not limited to, save game files, screenshots, videos, and video streams.
User-created content may be freely published, shared, and distributed. The User agrees that by making User-created content available via any communication channels, SmashHammer Games Inc. is granted a non-exclusive right to use, copy, modify, adapt, distribute, and publicly display that content for any purpose, including but not limited to, development of the Game, marketing, and promotional materials.
The User may not make commercial use of any User-created content, with the exception of videos and video streams of the Game that they create and upload to video sharing and streaming sites.
By publishing User-created content the User agrees that any other licensed user may create a derivative work based on that content.
Any User-created content made available by the User must be their own creation, or they must have permission or the legal right to publish it. The User must not and agrees that they will not make any content available that infringes on the rights of others. Neither SmashHammer Games Inc. nor its employees, licensors, and partners shall bear any liability in any way for copyright infringement arising from any User-created content.
6. WARRANTY DISCLAIMER
To the maximum extent allowed by applicable law SmashHammer Games Inc. expressly waives any warranties, direct or indirect, towards the User regarding the Game. The Game is provided "as is" without warranty of any kind, either express or implied, including, without limitation, warranties or conditions of quality, performance, non-infringement, merchantability, and fitness for use for a particular purpose. This disclaimer applies to all files generated and edited by the Game as well.
The User shall assume all risks related to any damage and losses arising from use or impossibility of using the Game. SmashHammer Games Inc. does not guarantee that the Game meets the User's requirements and that Game operation will be unfailing and error-free.
7. LIMITATION OF LIABILITY
To the maximum extent allowed by applicable law neither SmashHammer Games Inc. nor its employees, licensors, and partners shall bear any liability to the User for any damage (including but not limited to, actual losses, incidental losses, indirect losses, lost profit, computer failure or malfunction, lost data, regardless of whether such damage was predictable or not) arising in connection with this Agreement and with the User's operation of the Game.
Neither SmashHammer Games Inc. nor its employees, licensors, and partners shall be liable in any way for any costs arising from the User's operation of the Game, including but not limited to, charges arising from the Game's use of the User's Internet connection.
SmashHammer Games Inc. shall not bear liability for inability to install or launch the Game on the User's computer and also for possible errors and failures in the Game operation.
8. TERM AND TERMINATION
This Agreement shall remain in effect until terminated by the User or SmashHammer Games Inc.
SmashHammer Games Inc. may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.
This Agreement will terminate immediately, without prior notice from SmashHammer Games Inc., in the event that the User fails to comply with any provision of this Agreement. The User may also terminate this Agreement by deleting the Game and all copies thereof from their computer.
Upon termination of this Agreement, the User shall cease all use of the Game and delete all copies of the Game from their computer.
9. SEVERABILITY
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
10. GOVERNING LAW
This Agreement will be enforced or construed according to the laws of Canada. Any dispute arising out of this Agreement shall be settled by a court of relevant jurisdiction in SmashHammer Games Inc.'s location.