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END USER LICENSE AGREEMENT
What follows below is a FRACTAL INTERACTIVE Software License, a legal agreement between you, the end user (whether an individual or an entity), and FRACTAL INTERACTIVE Ltd, the owner, and operator of MOON RUNNER ("FRACTAL INTERACTIVE").
YOUR USE OF THE SOFTWARE IS ALSO SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN THE STEAM™ SUBSCRIBER AGREEMENT.
IF YOU AGREE TO THE TERMS SET FORTH IN THIS AGREEMENT, select “I ACCEPT” to install the Software and to indicate your acceptance of these terms and your understanding of the conditions of use of the Software.
IF YOU DO NOT AGREE TO THE TERMS OF THE AGREEMENT, DO NOT INDICATE YOUR ACCEPTANCE OF THE TERMS.
FRACTAL INTERACTIVE SOFTWARE LICENSE
1. GRANT OF LICENSE. Subject to the terms of Clause 2 below, this FRACTAL INTERACTIVE License Agreement permits you to use one copy of the specified version of MOON RUNNER ("SOFTWARE") on any single device, provided the SOFTWARE is in use on only one device at any time solely for your personal non-commercial use ("LICENSE").
2. COPYRIGHT. FRACTAL INTERACTIVE owns the SOFTWARE and all trade secrets, copyrights, patents and other intellectual property rights therein (other than open source or licensed from third parties). Therefore, you must treat the SOFTWARE like any other copyrighted material (e.g. a book or musical recording), except that you may transfer the SOFTWARE to a single hard disk provided you keep the original solely for backup or archival purposes. You may not copy the written materials accompanying the SOFTWARE. All other rights not expressly provided herein are hereby reserved by FRACTAL INTERACTIVE.
3. OTHER RESTRICTIONS. You may not sub-license the SOFTWARE, but you may transfer ("Transfer") your rights under this FRACTAL INTERACTIVE License Agreement on a permanent basis provided you Transfer this License Agreement, the SOFTWARE, and all accompanying written materials, retain no copies, and provided that the recipient agrees to the terms of this agreement.
You hereby undertake that you will not, and will not permit or authorize third parties to use the SOFTWARE in any way that:
a) Would modify or prepare derivative works of the SOFTWARE;
b) Would copy the SOFTWARE, other than as specifically set forth herein;
c) (i) is defamatory, abusive, harassing, threatening, racially, or constitute an invasion of a right of privacy of another person, or otherwise offensive, violent, vulgar, obscene, or otherwise harms or can reasonably be expected to harm any person or entity; (ii) is illegal or encourages or advocates illegal activity; (iii) posts or transmits any communication or solicitation designed or intended to obtain password, account, or private information from any third party; (v) contains viruses, trojan horse, worm, or any other computer programs designed to interrupt, destroy, or limit the functionality of the services or any system, computer software, hardware or telecommunications equipment; (vi) create a false identity or impersonate another person; (vii) “stalks” or otherwise harasses another or is antisocial, disruptive, or destructive, including “flaming“, “spamming“, “flooding“, “trolling“, and “griefing“ as those terms are commonly understood and used on the internet; or (viii) violates any applicable local, state, national or international law or regulation.
In addition you will not, and will not permit or authorize third parties to: (i) take any action intended to circumvent or disable the operation of any security feature or measure of the Software; (ii) decompile, reverse engineer, disassemble, enhance, or otherwise make any attempt to discover the source code of the Software; or (iii) access the Software via automated means, including by crawling, scraping, caching or otherwise (except as may be the result of standard search engine protocols or technologies used by a search engine with our express consent).
Any Transfer of the SOFTWARE must include the most recent update and all prior versions.
4. UPDATES. If the SOFTWARE is an update to a previous version (the "UPDATE"), you must possess a valid License for the previous version, in order to use the Update. All Updates are provided to you on a "license exchange" basis and you agree that by using an Update, you no longer have a License to use any previous version of the SOFTWARE.
5. PERSONAL INFORMATION. None of your or data shall be collected, kept or transferred to any third party as a result of using the Software.
6. RISKS
The SOFTWARE is not intended for use by children. Children may be unable to maintain safe control of their actions if permitted to use the SOFTWARE. You agree that you will not allow children under the age of 14 to use the SOFTWARE. Due to the nature of the virtual reality technology and the SOFTWARE features, while wearing your virtual reality headset and using the SOFTWARE, you will be moving your hands, feet and body without being able to see anything in the physical space around you. Striking, contacting or becoming entangled in any object while using the SOFTWARE could cause serious injury or damage. Therefore, each time you use the SOFTWARE, you must properly clear your play area of people, pets and all other objects that you could potentially strike, contact or otherwise become entagled with.
You acknowledge that you are using the SOFTWARE voluntarily and entirely at your own risk, and that you are aware of the risks associated with using the SOFTWARE, which may include, but are not limited to physical or psychological injury, pain, suffering, illness, disfigurement, temporary or permanent disability (including paralysis), economic or emotional loss, and death, and you assume all related risks using the SOFTWARE.
7. NO LIABILITY FOR DAMAGES
In no event shall FRACTAL INTERACTIVE, its suppliers, distributors or licensors, be liable for any damages whatsoever (including, without limitation, direct, indirect, punitive, special, incidental, or consequential damages, or damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of the use of or inability to use this FRACTAL INTERACTIVE product, or arising out of any support which FRACTAL INTERACTIVE may extend to you, even if FRACTAL INTERACTIVE has been advised of the possibility of such damages.
The foregoing limitation of liability is complete and exclusive, shall apply even if FRACTAL INTERACTIVE has been advised of the possibility of claims, losses, or damages exceeding such limit, and shall apply regardless of the success or effectiveness of any other remedies possessed by FRACTAL INTERACTIVE. The limitation of liability reflects an allocation of risk between you and FRACTAL INTERACTIVE.
8. GENERAL PROVISIONS
If any provision of this Agreement is held to be unenforceable, then such provision shall be deemed stricken from this Agreement and the remaining provisions shall be enforced in accordance with their terms. In the absence of a written agreement signed by you and FRACTAL INTERACTIVE, this Agreement shall be the sole and complete agreement between you and FRACTAL INTERACTIVE, regarding the SOFTWARE. This Agreement expressly supersedes and replaces any other license agreement for the SOFTWARE, including but not limited to any agreement appearing in any user's manual, unless a subsequent agreement for the SOFTWARE is in writing and signed by both you and an authorized FRACTAL INTERACTIVE representative.
9. PRODUCT LABELING
You agree not to use any trademarks, brand names or logos of FRACTAL INTERACTIVE, or that accompany the SOFTWARE, without the prior written consent of FRACTAL INTERACTIVE.
10. NO OBLIGATION TO ENFORCE
Nothing contained in this Agreement shall be construed as imposing on FRACTAL INTERACTIVE any obligation to acquire, maintain, or file or defend any suit or action regarding the validity or infringement of, any FRACTAL INTERACTIVE intellectual property licensed hereunder.
11. NO WAIVER
The waiver by either party of any breach of any provision of this Agreement shall not operate or be construed as a waiver of any other or a subsequent breach of the same or different provision.
12. SEVERABILITY
In the event that any provision of this Agreement is determined to be invalid, unenforceable or unlawful, such invalidity, unenforceability or unlawfulness shall not effect any other provisions of this Agreement, and the Agreement shall be construed as if the challenged provision had never been contained herein.
13. NO SUPPORT OBLIGATION
FRACTAL INTERACTIVE is not obligated to furnish or make available to you any further information, software, technical information, know-how, or support. In the event that FRACTAL INTERACTIVE does extend any of the same, FRACTAL INTERACTIVE shall not be liable for any damage, howsoever caused. FRACTAL INTERACTIVE reserves the right to make changes to the SOFTWARE, and all materials provided hereunder, without further notice.
What follows below is a FRACTAL INTERACTIVE Software License, a legal agreement between you, the end user (whether an individual or an entity), and FRACTAL INTERACTIVE Ltd, the owner, and operator of MOON RUNNER ("FRACTAL INTERACTIVE").
YOUR USE OF THE SOFTWARE IS ALSO SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN THE STEAM™ SUBSCRIBER AGREEMENT.
IF YOU AGREE TO THE TERMS SET FORTH IN THIS AGREEMENT, select “I ACCEPT” to install the Software and to indicate your acceptance of these terms and your understanding of the conditions of use of the Software.
IF YOU DO NOT AGREE TO THE TERMS OF THE AGREEMENT, DO NOT INDICATE YOUR ACCEPTANCE OF THE TERMS.
FRACTAL INTERACTIVE SOFTWARE LICENSE
1. GRANT OF LICENSE. Subject to the terms of Clause 2 below, this FRACTAL INTERACTIVE License Agreement permits you to use one copy of the specified version of MOON RUNNER ("SOFTWARE") on any single device, provided the SOFTWARE is in use on only one device at any time solely for your personal non-commercial use ("LICENSE").
2. COPYRIGHT. FRACTAL INTERACTIVE owns the SOFTWARE and all trade secrets, copyrights, patents and other intellectual property rights therein (other than open source or licensed from third parties). Therefore, you must treat the SOFTWARE like any other copyrighted material (e.g. a book or musical recording), except that you may transfer the SOFTWARE to a single hard disk provided you keep the original solely for backup or archival purposes. You may not copy the written materials accompanying the SOFTWARE. All other rights not expressly provided herein are hereby reserved by FRACTAL INTERACTIVE.
3. OTHER RESTRICTIONS. You may not sub-license the SOFTWARE, but you may transfer ("Transfer") your rights under this FRACTAL INTERACTIVE License Agreement on a permanent basis provided you Transfer this License Agreement, the SOFTWARE, and all accompanying written materials, retain no copies, and provided that the recipient agrees to the terms of this agreement.
You hereby undertake that you will not, and will not permit or authorize third parties to use the SOFTWARE in any way that:
a) Would modify or prepare derivative works of the SOFTWARE;
b) Would copy the SOFTWARE, other than as specifically set forth herein;
c) (i) is defamatory, abusive, harassing, threatening, racially, or constitute an invasion of a right of privacy of another person, or otherwise offensive, violent, vulgar, obscene, or otherwise harms or can reasonably be expected to harm any person or entity; (ii) is illegal or encourages or advocates illegal activity; (iii) posts or transmits any communication or solicitation designed or intended to obtain password, account, or private information from any third party; (v) contains viruses, trojan horse, worm, or any other computer programs designed to interrupt, destroy, or limit the functionality of the services or any system, computer software, hardware or telecommunications equipment; (vi) create a false identity or impersonate another person; (vii) “stalks” or otherwise harasses another or is antisocial, disruptive, or destructive, including “flaming“, “spamming“, “flooding“, “trolling“, and “griefing“ as those terms are commonly understood and used on the internet; or (viii) violates any applicable local, state, national or international law or regulation.
In addition you will not, and will not permit or authorize third parties to: (i) take any action intended to circumvent or disable the operation of any security feature or measure of the Software; (ii) decompile, reverse engineer, disassemble, enhance, or otherwise make any attempt to discover the source code of the Software; or (iii) access the Software via automated means, including by crawling, scraping, caching or otherwise (except as may be the result of standard search engine protocols or technologies used by a search engine with our express consent).
Any Transfer of the SOFTWARE must include the most recent update and all prior versions.
4. UPDATES. If the SOFTWARE is an update to a previous version (the "UPDATE"), you must possess a valid License for the previous version, in order to use the Update. All Updates are provided to you on a "license exchange" basis and you agree that by using an Update, you no longer have a License to use any previous version of the SOFTWARE.
5. PERSONAL INFORMATION. None of your or data shall be collected, kept or transferred to any third party as a result of using the Software.
6. RISKS
The SOFTWARE is not intended for use by children. Children may be unable to maintain safe control of their actions if permitted to use the SOFTWARE. You agree that you will not allow children under the age of 14 to use the SOFTWARE. Due to the nature of the virtual reality technology and the SOFTWARE features, while wearing your virtual reality headset and using the SOFTWARE, you will be moving your hands, feet and body without being able to see anything in the physical space around you. Striking, contacting or becoming entangled in any object while using the SOFTWARE could cause serious injury or damage. Therefore, each time you use the SOFTWARE, you must properly clear your play area of people, pets and all other objects that you could potentially strike, contact or otherwise become entagled with.
You acknowledge that you are using the SOFTWARE voluntarily and entirely at your own risk, and that you are aware of the risks associated with using the SOFTWARE, which may include, but are not limited to physical or psychological injury, pain, suffering, illness, disfigurement, temporary or permanent disability (including paralysis), economic or emotional loss, and death, and you assume all related risks using the SOFTWARE.
7. NO LIABILITY FOR DAMAGES
In no event shall FRACTAL INTERACTIVE, its suppliers, distributors or licensors, be liable for any damages whatsoever (including, without limitation, direct, indirect, punitive, special, incidental, or consequential damages, or damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of the use of or inability to use this FRACTAL INTERACTIVE product, or arising out of any support which FRACTAL INTERACTIVE may extend to you, even if FRACTAL INTERACTIVE has been advised of the possibility of such damages.
The foregoing limitation of liability is complete and exclusive, shall apply even if FRACTAL INTERACTIVE has been advised of the possibility of claims, losses, or damages exceeding such limit, and shall apply regardless of the success or effectiveness of any other remedies possessed by FRACTAL INTERACTIVE. The limitation of liability reflects an allocation of risk between you and FRACTAL INTERACTIVE.
8. GENERAL PROVISIONS
If any provision of this Agreement is held to be unenforceable, then such provision shall be deemed stricken from this Agreement and the remaining provisions shall be enforced in accordance with their terms. In the absence of a written agreement signed by you and FRACTAL INTERACTIVE, this Agreement shall be the sole and complete agreement between you and FRACTAL INTERACTIVE, regarding the SOFTWARE. This Agreement expressly supersedes and replaces any other license agreement for the SOFTWARE, including but not limited to any agreement appearing in any user's manual, unless a subsequent agreement for the SOFTWARE is in writing and signed by both you and an authorized FRACTAL INTERACTIVE representative.
9. PRODUCT LABELING
You agree not to use any trademarks, brand names or logos of FRACTAL INTERACTIVE, or that accompany the SOFTWARE, without the prior written consent of FRACTAL INTERACTIVE.
10. NO OBLIGATION TO ENFORCE
Nothing contained in this Agreement shall be construed as imposing on FRACTAL INTERACTIVE any obligation to acquire, maintain, or file or defend any suit or action regarding the validity or infringement of, any FRACTAL INTERACTIVE intellectual property licensed hereunder.
11. NO WAIVER
The waiver by either party of any breach of any provision of this Agreement shall not operate or be construed as a waiver of any other or a subsequent breach of the same or different provision.
12. SEVERABILITY
In the event that any provision of this Agreement is determined to be invalid, unenforceable or unlawful, such invalidity, unenforceability or unlawfulness shall not effect any other provisions of this Agreement, and the Agreement shall be construed as if the challenged provision had never been contained herein.
13. NO SUPPORT OBLIGATION
FRACTAL INTERACTIVE is not obligated to furnish or make available to you any further information, software, technical information, know-how, or support. In the event that FRACTAL INTERACTIVE does extend any of the same, FRACTAL INTERACTIVE shall not be liable for any damage, howsoever caused. FRACTAL INTERACTIVE reserves the right to make changes to the SOFTWARE, and all materials provided hereunder, without further notice.