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# License Information
## Copyright and Trademarks
"Dr. Kobushi" and "Dr. Kobushi's Labyrinthine Laboratory" are registered trademarks of Symbolic Software EURL. All Rights Reserved. All materials relevant to the game software Dr. Kobushi's Labyrinthine Laboratory are the exclusive intellectual property of Symbolic Software EURL.
Symbolic Software is a limited liability company registered in France under the SIRET 894 059 369.
## End User License Agreement
PLEASE READ THIS END USER LICENCE AGREEMENT CAREFULLY.
This End User License Agreement (“EULA”) governs your use of the videogame, application, software, their associated upgrades, patches, and updates and related services titled "Dr. Kobushi's Labyrinthine Laboratory" (the “Product”) currently provided or which will be provided by SYMBOLIC SOFTWARE EURL, referred to as "SYMBOLIC SOFTWARE".
This EULA sets out the basis on which SYMBOLIC SOFTWARE makes the Products available to you (“User” or ”You”) and on which You may use them. By installing or using the Product, You agree to accept and to be bound by this EULA at all times. If You do not agree with this EULA, please do not install or use the Product.
SYMBOLIC SOFTWARE reserves the right to change, modify, add or delete articles in this EULA at any time, in accordance with the procedures described below in Section 9.
### 1. GRANT OF LICENSE
1.1 SYMBOLIC SOFTWARE (or its licensors) grants You a non-exclusive, non-transferable, non-sublicensed, non-commercial and personal license to install and/or use the Product (in whole or in part) and any Product (the “License”), for such time until either You or SYMBOLIC SOFTWARE terminates this EULA. You must in no event use, nor allow others to use, the Product or this License for commercial purposes without obtaining a license to do so from SYMBOLIC SOFTWARE. Updates, upgrades, patches and modifications may be necessary in order to be able to continue to use the Product on certain hardware. THIS PRODUCT IS LICENSED TO YOU, NOT SOLD.
1.2 You shall not, directly or indirectly (i) sell, rent out, lease, license, distribute, market, exploit the Product or any of its parts commercially, (ii) reverse engineer, decompile, disassemble, adapt, reproduce, or create derivate works of this Product (except if the Product enable You through a specific feature to create, generate or submit User Generated Content and for which You will need to create an Account and comply Terms of Use), in whole or in part; (iii) create, use and/or distribute “auto”, “trainer”, “script” or “macro” computer programs or other “cheat” or “hack” programs or software applications for this Product (whether in an online multiplayer game or in a single player game over the internet or in local area network); (iv) remove, alter, disable or circumvent any copyright and trademark indications or other authorship and origin information, notices or labels contained on or within this Product and (v) export or re-export this Product or any copy of adaptation in violation of any applicable laws or regulations.
1.3 While using the Product, You agree to comply will all applicable laws, rules and regulations. You also agree to comply with certain rules of conduct that govern Your use of the Product (“Rules of Conduct”), which are not meant to be exhaustive and can be modified at any time by SYMBOLIC SOFTWARE. In all cases, You may only use the Product according to anticipated use of the Product.
For example purposes, and without limiting SYMBOLIC SOFTWARE’s rights to take action against You, You may not:
a. create, use, share and/or publish by any means in relation to the Product any material (text, words, images, sounds, videos, etc.) which would breach of a duty of confidentiality, infringe any intellectual property right or an individual’s right to privacy or which would incite the committing of an unlawful act (in particular, piracy, cracking or circulation of counterfeit software);
b. modify, distort, block, abnormally burden, disrupt, slow down and/or hinder the normal functioning of all or part of the Product, or their accessibility to other users, or the functioning of the partner networks of the Product, or attempt to do any of the above;
c. transmit or propagate any virus, trojan horse, worm, bomb, corrupted file and/or similar destructive device or corrupted data in relation to the Product, and/or organise, participate in or be involved in any way in an attack on SYMBOLIC SOFTWARE’s servers and/or the Product and/or those of its service providers and partners;
d. create, supply or use alternative methods of using the Products, for example server emulators;
e. spamming chat, whether for personal or commercial purposes, by disrupting the flow of conversation with repeated postings of a similar nature;
f. transmitting or communicating any material or content which, in the sole and exclusive discretion of SYMBOLIC SOFTWARE, is believed or deemed offensive, including, but not limited to, language that is harmful, threatening, unlawful, abusive, harassing, defamatory, disparaging, obscene, sexually explicit, or racially, ethnically, or otherwise objectionable;
g. harassing or threatening any other users of or in the Product;
h. make inappropriate use of the help service or the claim buttons or send untruthful reports to members of SYMBOLIC SOFTWARE’s personnel;
i. falsely claim to be an employee or representative of SYMBOLIC SOFTWARE or its partners and/or agents;
j. falsely claim an endorsement in connection with the Product or with SYMBOLIC SOFTWARE.
### 2. OWNERSHIP
All title, ownership rights and intellectual property rights in and to the Product (including, without limitation, all text, graphics, music or sounds, all messages or items of information, fictional characters, names, themes, objects, scenery, costumes, effects, dialogues, slogans, places, characters, diagrams, concepts, choreographies, videos, audio-visual effects, domain names and any other elements which are part of the Product, individually or in combination) and any and all copies thereof are owned by SYMBOLIC SOFTWARE or its licensors. The Product is protected by national and international laws, copyright treaties and conventions and other laws. This Product may contain certain licensed materials and, in that event, SYMBOLIC SOFTWARE’s licensors may protect their rights in the event of any violation of this Agreement. Any reproduction or representation of these licensed materials in any way and for any reason is prohibited without SYMBOLIC SOFTWARE’s prior permission and, if applicable, SYMBOLIC SOFTWARE’s licensors’ and representatives’. Except as expressly set forth in this EULA, all rights not granted hereunder to You are expressly reserved by SYMBOLIC SOFTWARE.
In particular, "Dr. Kobushi" and "Dr. Kobushi's Labyrinthine Laboratory" are registered trademarks of Symbolic Software.
This License confers no title or ownership in the Product and should not be construed as a sale of any rights in the Product.
### 3. ACCESS TO THE PRODUCT
3.1 THE PRODUCT MAY BE PROTECTED BY DIGITAL RIGHTS MANAGEMENT SOFTWARE (“DRM SOFTWARE”). IN SUCH CASE, YOU HEREBY AGREE, ACKNOWLEDGE AND CONSENT TO THE FOLLOWING REGARDING THE DRM SOFTWARE: (I) THE INSTALLATION OF THE PRODUCT WILL CAUSE THE DRM SOFTWARE TO BE INSTALLED ON YOUR COMPUTER; (II) THE DRM SOFTWARE MAY LIMIT THE NUMBER OF INSTALLATIONS OF THE PRODUCT; (III) THE DRM SOFTWARE MAY INSTALL ON YOUR COMPUTER ADDITIONAL COMPONENTS REQUIRED FOR COPY PROTECTION; AND (IV) DURING THE INSTALLATION AND/OR THE FIRST LAUNCH OF THE PRODUCT, AN ONLINE CONNECTION MAY BE REQUIRED TO UNLOCK THE PRODUCT THROUGH THE DRM SOFTWARE.
The above paragraph (3.1) refers to DRM requirements that may be imposed on SYMBOLIC SOFTWARE's Product through third-party partners, such as Steam. SYMBOLIC SOFTWARE will strive to provide the Product without DRM SOFTWARE when possible, but SYMBOLIC SOFTWARE unfortunately cannot do so in all circumstances.
### 4. LIMITED WARRANTY FOR PRODUCT PURCHASED AS A PHYSICAL MEDIUM
If You purchased Product as a physical medium (CD, cartridge, DVD-ROM, floppy disk, etc.), this Section 6 is applicable to You:
SYMBOLIC SOFTWARE warrants that the physical medium containing the Product shall be free from defects in material and workmanship for a period of ninety (90) days from the date of Your purchase of such medium. In the event that the medium containing the Product proves to be defective during that time period, SYMBOLIC SOFTWARE will, at SYMBOLIC SOFTWARE’s option, free of charge, (a) correct any defect, (b) replace the Product, (c) substitute a similar Product of equal or greater value (in the event the Product is not longer being manufactured by SYMBOLIC SOFTWARE or available in SYMBOLIC SOFTWARE’s inventory), or (d) refund Your money when You present SYMBOLIC SOFTWARE with written proof of purchase of the defective medium. THIS IS YOUR SOLE AND EXCLUSIVE REMEDY FOR THE EXPRESS WARRANTY SET FORTH IN THIS SECTION. When returning the Product for warranty replacement please send the original Product disc, cartridge or DVD, as applicable, only in protective packaging and include: (1) a photocopy of Your dated sales receipt; (2) Your name and return address typed or clearly printed; (3) a brief note describing the defect, the problem(s) You are encountering and the hardware and system on which You are running the Program.
### 5. WARRANTY DISCLAIMER, LIMITATION OF LIABILITY
YOU EXPRESSLY ACKNOWLEDGE THAT USE OF THE PRODUCT IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE PRODUCT IS SUPPLIED ON AN “AS IS” AND “AS AVAILABLE“ BASIS. SYMBOLIC SOFTWARE SYMBOLIC SOFTWARE’S LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS DO NOT MAKE AND HEREBY DISCLAIM ANY GUARANTEES, CONDITIONS, WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY OR OTHER TERMS INCLUDING AS TO: (A) ITS CONFORMITY, ACCURACY, CURRENTNESS, COMPLETENESS, RELIABILITY OR SECURITY (B) ITS SUITABILITY FOR A PARTICULAR USE; (C) IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT; (D) ITS MARKET VALUE; OR (E) YOUR SATISFACTION. SYMBOLIC SOFTWARE DOES NOT WARRANT THAT THE PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PRODUCT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR SELECTING THE PRODUCT TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE PRODUCT.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT WILL SYMBOLIC SOFTWARE, SYMBOLIC SOFTWARE’S LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS BE LIABLE FOR LOSS OR DAMAGE SUFFERED IN CONNECTION WITH THE USE OF THE PRODUCT OR ANY RELATED THIRD PARTY SERVICE. THIS INCLUDES WITHOUT LIMITATION (A) ALL LOSSES OF ANY KIND, WHETHER IN TORT (INCLUDING FOR NEGLIGENCE OR BREACH OF STATUTORY DUTY), CONTRACT, MISREPRESENTATION (WHETHER INNOCENT OR NEGLIGENT) OR OTHERWISE, (B) DIRECT LOSS; (C) ACCIDENTAL LOSS, (D) INCIDENTAL LOSS, (E) CONSEQUENTIAL LOSS, AND (F) INDIRECT LOSS.
NOTWITHSTANDING THE AFOREMENTIONED LIMITATIONS OF LIABILITY, YOUR SOLE REMEDY IN THE EVENT OF A DISPUTE WITH SYMBOLIC SOFTWARE OR ITS LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS IS TO CEASE TO USE THE PRODUCT; AND IF APPLICABLE, SEEK DAMAGES FOR YOUR LOSSES. FOR ANY PRODUCT PURCHASED FOR USE ON A COMPATIBLE MOBILE TERMINAL THAT WOULD NOT MEET THE APPLICABLE LEGAL WARRANTIES, SYMBOLIC SOFTWARE’S LIABILITY IS LIMITED TO THE REFUND (DIRECTLY OR INDIRECTLY THROUGH ITS CHANNEL PARTNERS OR ASSOCIATED SERVICE PROVIDERS) OF THE PURCHASE PRICE OF THE PRODUCT. IN NO EVENT SYMBOLIC SOFTWARE, ITS AFFILIATES, LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS BE LIABLE FOR DAMAGES IN EXCESS OF ANY AMOUNT YOU HAVE PAID TO SYMBOLIC SOFTWARE FOR THE PRODUCT DURING THE TWELVE (12) MONTHS IMMEDIATELY PRIOR TO THE TIME YOUR CAUSE OF ACTION AROSE.
NOTHING IN THIS SECTION 5 SHALL AFFECT SYMBOLIC SOFTWARE’S LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM SYMBOLIC SOFTWARE’S NEGLIGENCE, FOR FRAUD OR FRAUDULENT MISREPRESENTATION, NOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
FOR PURPOSES OF THIS SECTION 5, SYMBOLIC SOFTWARE’S LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS ARE THIRD PARTY BENEFICIARIES TO THE LIMITATIONS OF LIABILITY SPECIFIED HEREIN AND THEY MAY ENFORCE THIS EULA AGAINST YOU.
### 6. INDEMNITY
You are solely responsible for any damage caused to SYMBOLIC SOFTWARE, its licensors, channel partners and associated service providers and subcontractors, other users of the product or any other individual or legal entity as a result of Your violation of this EULA.
YOU HEREBY AGREE TO DEFEND, INDEMNIFY AND KEEP INDEMNIFIED SYMBOLIC SOFTWARE AND ITS AFFILIATES, THEIR LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS AND THEIR SUBCONTRACTORS AGAINST ANY CLAIM OR ALLEGED CLAIMS, LIABILITIES, LOSSES DAMAGES AND ALL COSTS (INCLUDING LAWYERS’ FEES), DIRECTLY OR INDIRECTLY ATTRIBUTABLE TO YOUR FAULT AND/OR RESULTING FROM (A) A VIOLATION OF ANY PROVISION OF THIS EULA OR (B) YOUR USE OR MISUSE OF THE PRODUCT. SYMBOLIC SOFTWARE reserves the right to take sole responsibility, at its own expense, for conducting the defense of any claim for which You agreed to indemnify SYMBOLIC SOFTWARE. The provisions of this Section 6 shall remain in force after termination of this EULA.
### 7. TERMINATION
The EULA is effective from the earlier of the date You purchase, download or use the Product, until terminated according to its terms. You and SYMBOLIC SOFTWARE (or its licensors) may terminate this EULA, at any time, for any reason. Termination by SYMBOLIC SOFTWARE will be effective upon (a) notice to You or (b) termination of Your SYMBOLIC SOFTWARE Account (if any) or (c) at the time of SYMBOLIC SOFTWARE’s decision to discontinue offering and/or supporting the Product. This EULA will terminate automatically if You fail to comply with any of the terms and conditions of this EULA. Upon termination for any reason, You must immediately uninstall the Product and destroy all copies of the Product in Your possession.
### 8. CHANGES TO THIS EULA OR TO THE PRODUCT
SYMBOLIC SOFTWARE reserves the right, in its sole and absolute discretion, to revise, update, change, modify, add to, supplement, or delete certain terms of this EULA for security, legal, best practice or regulatory reasons. Such changes will be effective with or, as applicable, without prior notice to You. You can review the most current version of this EULA by clicking on the “EULA” link located on the Product or on . You are responsible for checking this EULA periodically for changes. If any future changes to this EULA are unacceptable to You or cause You to no longer be in agreement or compliance with this EULA, You may terminate this EULA in accordance with Section 7 and must immediately uninstall the Product and destroy all copies of the Product. Your continued use of the Product following any revision to this EULA constitutes Your complete and irrevocable acceptance of any and all such changes.
SYMBOLIC SOFTWARE may modify the Product for any reason or without any specific reason, at any time and at its entire discretion, in particular for technical reasons such as updates, maintenance operations and/or resets to improve and/or optimize the Product. You agree that the Product may install or download the modifications automatically. You agree that SYMBOLIC SOFTWARE may stop to support previous versions of the Product upon availability of an updated version. SYMBOLIC SOFTWARE’s channel partners and associated service providers shall have no obligation to furnish any maintenance or customer support with respect to the Product. SYMBOLIC SOFTWARE also reserves the right to amend the Rules of Conduct set out in Section 1 to place limits on the use of the Product.
### 9. MISCELLANEOUS
9.1 Export Controls. The Product is subject to all applicable export restrictions. You must comply with all export and import laws and restrictions and regulations of any agency or authority relating to the Product and Your use of the Product.
9.2 Severance. If any court of competent jurisdiction or competent authority finds that any provision of this EULA is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of this EULA shall not be affected. If any invalid, unenforceable or illegal provision of this EULA would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable to reflect SYMBOLIC SOFTWARE’s initial intentions.
9.3 No Waiver. No failure or delay by SYMBOLIC SOFTWARE (or its licensors) to exercise any right or remedy provided under this EULA or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy. Waiver of a right or remedy may be considered to have taken place only after signing of a written statement to this effect by SYMBOLIC SOFTWARE or by the User.
9.4 Law, Jurisdiction and Dispute Resolution.
9.4.1 To the extent permitted by applicable law, this EULA, and any disputes or claims arising out of or in connection with it, or its subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with the laws of France and the European Union, without giving effect to any principles of conflicts of laws.
9.4.2 All claims you bring against SYMBOLIC SOFTWARE must be resolved in accordance with this Section 9. All claims filed or brought contrary to this Section shall be considered improperly filed and a breach of this EULA. Should either party file a claim contrary to this Section, the other party may recover attorneys' fees and costs up to ten thousand U.S. Dollars ($10,000.00USD), provided that such party seeking such fees has notified the other in writing of the improperly filed claim, and the other has failed to promptly withdraw the claim.
For any questions concerning this EULA, you may contact SYMBOLIC SOFTWARE at the following address: [email protected]
THIS EULA IS APPLICABLE ONLY TO THE EXTENT AUTHORISED BY LAW.
## Copyright and Trademarks
"Dr. Kobushi" and "Dr. Kobushi's Labyrinthine Laboratory" are registered trademarks of Symbolic Software EURL. All Rights Reserved. All materials relevant to the game software Dr. Kobushi's Labyrinthine Laboratory are the exclusive intellectual property of Symbolic Software EURL.
Symbolic Software is a limited liability company registered in France under the SIRET 894 059 369.
## End User License Agreement
PLEASE READ THIS END USER LICENCE AGREEMENT CAREFULLY.
This End User License Agreement (“EULA”) governs your use of the videogame, application, software, their associated upgrades, patches, and updates and related services titled "Dr. Kobushi's Labyrinthine Laboratory" (the “Product”) currently provided or which will be provided by SYMBOLIC SOFTWARE EURL, referred to as "SYMBOLIC SOFTWARE".
This EULA sets out the basis on which SYMBOLIC SOFTWARE makes the Products available to you (“User” or ”You”) and on which You may use them. By installing or using the Product, You agree to accept and to be bound by this EULA at all times. If You do not agree with this EULA, please do not install or use the Product.
SYMBOLIC SOFTWARE reserves the right to change, modify, add or delete articles in this EULA at any time, in accordance with the procedures described below in Section 9.
### 1. GRANT OF LICENSE
1.1 SYMBOLIC SOFTWARE (or its licensors) grants You a non-exclusive, non-transferable, non-sublicensed, non-commercial and personal license to install and/or use the Product (in whole or in part) and any Product (the “License”), for such time until either You or SYMBOLIC SOFTWARE terminates this EULA. You must in no event use, nor allow others to use, the Product or this License for commercial purposes without obtaining a license to do so from SYMBOLIC SOFTWARE. Updates, upgrades, patches and modifications may be necessary in order to be able to continue to use the Product on certain hardware. THIS PRODUCT IS LICENSED TO YOU, NOT SOLD.
1.2 You shall not, directly or indirectly (i) sell, rent out, lease, license, distribute, market, exploit the Product or any of its parts commercially, (ii) reverse engineer, decompile, disassemble, adapt, reproduce, or create derivate works of this Product (except if the Product enable You through a specific feature to create, generate or submit User Generated Content and for which You will need to create an Account and comply Terms of Use), in whole or in part; (iii) create, use and/or distribute “auto”, “trainer”, “script” or “macro” computer programs or other “cheat” or “hack” programs or software applications for this Product (whether in an online multiplayer game or in a single player game over the internet or in local area network); (iv) remove, alter, disable or circumvent any copyright and trademark indications or other authorship and origin information, notices or labels contained on or within this Product and (v) export or re-export this Product or any copy of adaptation in violation of any applicable laws or regulations.
1.3 While using the Product, You agree to comply will all applicable laws, rules and regulations. You also agree to comply with certain rules of conduct that govern Your use of the Product (“Rules of Conduct”), which are not meant to be exhaustive and can be modified at any time by SYMBOLIC SOFTWARE. In all cases, You may only use the Product according to anticipated use of the Product.
For example purposes, and without limiting SYMBOLIC SOFTWARE’s rights to take action against You, You may not:
a. create, use, share and/or publish by any means in relation to the Product any material (text, words, images, sounds, videos, etc.) which would breach of a duty of confidentiality, infringe any intellectual property right or an individual’s right to privacy or which would incite the committing of an unlawful act (in particular, piracy, cracking or circulation of counterfeit software);
b. modify, distort, block, abnormally burden, disrupt, slow down and/or hinder the normal functioning of all or part of the Product, or their accessibility to other users, or the functioning of the partner networks of the Product, or attempt to do any of the above;
c. transmit or propagate any virus, trojan horse, worm, bomb, corrupted file and/or similar destructive device or corrupted data in relation to the Product, and/or organise, participate in or be involved in any way in an attack on SYMBOLIC SOFTWARE’s servers and/or the Product and/or those of its service providers and partners;
d. create, supply or use alternative methods of using the Products, for example server emulators;
e. spamming chat, whether for personal or commercial purposes, by disrupting the flow of conversation with repeated postings of a similar nature;
f. transmitting or communicating any material or content which, in the sole and exclusive discretion of SYMBOLIC SOFTWARE, is believed or deemed offensive, including, but not limited to, language that is harmful, threatening, unlawful, abusive, harassing, defamatory, disparaging, obscene, sexually explicit, or racially, ethnically, or otherwise objectionable;
g. harassing or threatening any other users of or in the Product;
h. make inappropriate use of the help service or the claim buttons or send untruthful reports to members of SYMBOLIC SOFTWARE’s personnel;
i. falsely claim to be an employee or representative of SYMBOLIC SOFTWARE or its partners and/or agents;
j. falsely claim an endorsement in connection with the Product or with SYMBOLIC SOFTWARE.
### 2. OWNERSHIP
All title, ownership rights and intellectual property rights in and to the Product (including, without limitation, all text, graphics, music or sounds, all messages or items of information, fictional characters, names, themes, objects, scenery, costumes, effects, dialogues, slogans, places, characters, diagrams, concepts, choreographies, videos, audio-visual effects, domain names and any other elements which are part of the Product, individually or in combination) and any and all copies thereof are owned by SYMBOLIC SOFTWARE or its licensors. The Product is protected by national and international laws, copyright treaties and conventions and other laws. This Product may contain certain licensed materials and, in that event, SYMBOLIC SOFTWARE’s licensors may protect their rights in the event of any violation of this Agreement. Any reproduction or representation of these licensed materials in any way and for any reason is prohibited without SYMBOLIC SOFTWARE’s prior permission and, if applicable, SYMBOLIC SOFTWARE’s licensors’ and representatives’. Except as expressly set forth in this EULA, all rights not granted hereunder to You are expressly reserved by SYMBOLIC SOFTWARE.
In particular, "Dr. Kobushi" and "Dr. Kobushi's Labyrinthine Laboratory" are registered trademarks of Symbolic Software.
This License confers no title or ownership in the Product and should not be construed as a sale of any rights in the Product.
### 3. ACCESS TO THE PRODUCT
3.1 THE PRODUCT MAY BE PROTECTED BY DIGITAL RIGHTS MANAGEMENT SOFTWARE (“DRM SOFTWARE”). IN SUCH CASE, YOU HEREBY AGREE, ACKNOWLEDGE AND CONSENT TO THE FOLLOWING REGARDING THE DRM SOFTWARE: (I) THE INSTALLATION OF THE PRODUCT WILL CAUSE THE DRM SOFTWARE TO BE INSTALLED ON YOUR COMPUTER; (II) THE DRM SOFTWARE MAY LIMIT THE NUMBER OF INSTALLATIONS OF THE PRODUCT; (III) THE DRM SOFTWARE MAY INSTALL ON YOUR COMPUTER ADDITIONAL COMPONENTS REQUIRED FOR COPY PROTECTION; AND (IV) DURING THE INSTALLATION AND/OR THE FIRST LAUNCH OF THE PRODUCT, AN ONLINE CONNECTION MAY BE REQUIRED TO UNLOCK THE PRODUCT THROUGH THE DRM SOFTWARE.
The above paragraph (3.1) refers to DRM requirements that may be imposed on SYMBOLIC SOFTWARE's Product through third-party partners, such as Steam. SYMBOLIC SOFTWARE will strive to provide the Product without DRM SOFTWARE when possible, but SYMBOLIC SOFTWARE unfortunately cannot do so in all circumstances.
### 4. LIMITED WARRANTY FOR PRODUCT PURCHASED AS A PHYSICAL MEDIUM
If You purchased Product as a physical medium (CD, cartridge, DVD-ROM, floppy disk, etc.), this Section 6 is applicable to You:
SYMBOLIC SOFTWARE warrants that the physical medium containing the Product shall be free from defects in material and workmanship for a period of ninety (90) days from the date of Your purchase of such medium. In the event that the medium containing the Product proves to be defective during that time period, SYMBOLIC SOFTWARE will, at SYMBOLIC SOFTWARE’s option, free of charge, (a) correct any defect, (b) replace the Product, (c) substitute a similar Product of equal or greater value (in the event the Product is not longer being manufactured by SYMBOLIC SOFTWARE or available in SYMBOLIC SOFTWARE’s inventory), or (d) refund Your money when You present SYMBOLIC SOFTWARE with written proof of purchase of the defective medium. THIS IS YOUR SOLE AND EXCLUSIVE REMEDY FOR THE EXPRESS WARRANTY SET FORTH IN THIS SECTION. When returning the Product for warranty replacement please send the original Product disc, cartridge or DVD, as applicable, only in protective packaging and include: (1) a photocopy of Your dated sales receipt; (2) Your name and return address typed or clearly printed; (3) a brief note describing the defect, the problem(s) You are encountering and the hardware and system on which You are running the Program.
### 5. WARRANTY DISCLAIMER, LIMITATION OF LIABILITY
YOU EXPRESSLY ACKNOWLEDGE THAT USE OF THE PRODUCT IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE PRODUCT IS SUPPLIED ON AN “AS IS” AND “AS AVAILABLE“ BASIS. SYMBOLIC SOFTWARE SYMBOLIC SOFTWARE’S LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS DO NOT MAKE AND HEREBY DISCLAIM ANY GUARANTEES, CONDITIONS, WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY OR OTHER TERMS INCLUDING AS TO: (A) ITS CONFORMITY, ACCURACY, CURRENTNESS, COMPLETENESS, RELIABILITY OR SECURITY (B) ITS SUITABILITY FOR A PARTICULAR USE; (C) IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT; (D) ITS MARKET VALUE; OR (E) YOUR SATISFACTION. SYMBOLIC SOFTWARE DOES NOT WARRANT THAT THE PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PRODUCT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR SELECTING THE PRODUCT TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE PRODUCT.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT WILL SYMBOLIC SOFTWARE, SYMBOLIC SOFTWARE’S LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS BE LIABLE FOR LOSS OR DAMAGE SUFFERED IN CONNECTION WITH THE USE OF THE PRODUCT OR ANY RELATED THIRD PARTY SERVICE. THIS INCLUDES WITHOUT LIMITATION (A) ALL LOSSES OF ANY KIND, WHETHER IN TORT (INCLUDING FOR NEGLIGENCE OR BREACH OF STATUTORY DUTY), CONTRACT, MISREPRESENTATION (WHETHER INNOCENT OR NEGLIGENT) OR OTHERWISE, (B) DIRECT LOSS; (C) ACCIDENTAL LOSS, (D) INCIDENTAL LOSS, (E) CONSEQUENTIAL LOSS, AND (F) INDIRECT LOSS.
NOTWITHSTANDING THE AFOREMENTIONED LIMITATIONS OF LIABILITY, YOUR SOLE REMEDY IN THE EVENT OF A DISPUTE WITH SYMBOLIC SOFTWARE OR ITS LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS IS TO CEASE TO USE THE PRODUCT; AND IF APPLICABLE, SEEK DAMAGES FOR YOUR LOSSES. FOR ANY PRODUCT PURCHASED FOR USE ON A COMPATIBLE MOBILE TERMINAL THAT WOULD NOT MEET THE APPLICABLE LEGAL WARRANTIES, SYMBOLIC SOFTWARE’S LIABILITY IS LIMITED TO THE REFUND (DIRECTLY OR INDIRECTLY THROUGH ITS CHANNEL PARTNERS OR ASSOCIATED SERVICE PROVIDERS) OF THE PURCHASE PRICE OF THE PRODUCT. IN NO EVENT SYMBOLIC SOFTWARE, ITS AFFILIATES, LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS BE LIABLE FOR DAMAGES IN EXCESS OF ANY AMOUNT YOU HAVE PAID TO SYMBOLIC SOFTWARE FOR THE PRODUCT DURING THE TWELVE (12) MONTHS IMMEDIATELY PRIOR TO THE TIME YOUR CAUSE OF ACTION AROSE.
NOTHING IN THIS SECTION 5 SHALL AFFECT SYMBOLIC SOFTWARE’S LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM SYMBOLIC SOFTWARE’S NEGLIGENCE, FOR FRAUD OR FRAUDULENT MISREPRESENTATION, NOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
FOR PURPOSES OF THIS SECTION 5, SYMBOLIC SOFTWARE’S LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS ARE THIRD PARTY BENEFICIARIES TO THE LIMITATIONS OF LIABILITY SPECIFIED HEREIN AND THEY MAY ENFORCE THIS EULA AGAINST YOU.
### 6. INDEMNITY
You are solely responsible for any damage caused to SYMBOLIC SOFTWARE, its licensors, channel partners and associated service providers and subcontractors, other users of the product or any other individual or legal entity as a result of Your violation of this EULA.
YOU HEREBY AGREE TO DEFEND, INDEMNIFY AND KEEP INDEMNIFIED SYMBOLIC SOFTWARE AND ITS AFFILIATES, THEIR LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS AND THEIR SUBCONTRACTORS AGAINST ANY CLAIM OR ALLEGED CLAIMS, LIABILITIES, LOSSES DAMAGES AND ALL COSTS (INCLUDING LAWYERS’ FEES), DIRECTLY OR INDIRECTLY ATTRIBUTABLE TO YOUR FAULT AND/OR RESULTING FROM (A) A VIOLATION OF ANY PROVISION OF THIS EULA OR (B) YOUR USE OR MISUSE OF THE PRODUCT. SYMBOLIC SOFTWARE reserves the right to take sole responsibility, at its own expense, for conducting the defense of any claim for which You agreed to indemnify SYMBOLIC SOFTWARE. The provisions of this Section 6 shall remain in force after termination of this EULA.
### 7. TERMINATION
The EULA is effective from the earlier of the date You purchase, download or use the Product, until terminated according to its terms. You and SYMBOLIC SOFTWARE (or its licensors) may terminate this EULA, at any time, for any reason. Termination by SYMBOLIC SOFTWARE will be effective upon (a) notice to You or (b) termination of Your SYMBOLIC SOFTWARE Account (if any) or (c) at the time of SYMBOLIC SOFTWARE’s decision to discontinue offering and/or supporting the Product. This EULA will terminate automatically if You fail to comply with any of the terms and conditions of this EULA. Upon termination for any reason, You must immediately uninstall the Product and destroy all copies of the Product in Your possession.
### 8. CHANGES TO THIS EULA OR TO THE PRODUCT
SYMBOLIC SOFTWARE reserves the right, in its sole and absolute discretion, to revise, update, change, modify, add to, supplement, or delete certain terms of this EULA for security, legal, best practice or regulatory reasons. Such changes will be effective with or, as applicable, without prior notice to You. You can review the most current version of this EULA by clicking on the “EULA” link located on the Product or on . You are responsible for checking this EULA periodically for changes. If any future changes to this EULA are unacceptable to You or cause You to no longer be in agreement or compliance with this EULA, You may terminate this EULA in accordance with Section 7 and must immediately uninstall the Product and destroy all copies of the Product. Your continued use of the Product following any revision to this EULA constitutes Your complete and irrevocable acceptance of any and all such changes.
SYMBOLIC SOFTWARE may modify the Product for any reason or without any specific reason, at any time and at its entire discretion, in particular for technical reasons such as updates, maintenance operations and/or resets to improve and/or optimize the Product. You agree that the Product may install or download the modifications automatically. You agree that SYMBOLIC SOFTWARE may stop to support previous versions of the Product upon availability of an updated version. SYMBOLIC SOFTWARE’s channel partners and associated service providers shall have no obligation to furnish any maintenance or customer support with respect to the Product. SYMBOLIC SOFTWARE also reserves the right to amend the Rules of Conduct set out in Section 1 to place limits on the use of the Product.
### 9. MISCELLANEOUS
9.1 Export Controls. The Product is subject to all applicable export restrictions. You must comply with all export and import laws and restrictions and regulations of any agency or authority relating to the Product and Your use of the Product.
9.2 Severance. If any court of competent jurisdiction or competent authority finds that any provision of this EULA is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of this EULA shall not be affected. If any invalid, unenforceable or illegal provision of this EULA would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable to reflect SYMBOLIC SOFTWARE’s initial intentions.
9.3 No Waiver. No failure or delay by SYMBOLIC SOFTWARE (or its licensors) to exercise any right or remedy provided under this EULA or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy. Waiver of a right or remedy may be considered to have taken place only after signing of a written statement to this effect by SYMBOLIC SOFTWARE or by the User.
9.4 Law, Jurisdiction and Dispute Resolution.
9.4.1 To the extent permitted by applicable law, this EULA, and any disputes or claims arising out of or in connection with it, or its subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with the laws of France and the European Union, without giving effect to any principles of conflicts of laws.
9.4.2 All claims you bring against SYMBOLIC SOFTWARE must be resolved in accordance with this Section 9. All claims filed or brought contrary to this Section shall be considered improperly filed and a breach of this EULA. Should either party file a claim contrary to this Section, the other party may recover attorneys' fees and costs up to ten thousand U.S. Dollars ($10,000.00USD), provided that such party seeking such fees has notified the other in writing of the improperly filed claim, and the other has failed to promptly withdraw the claim.
For any questions concerning this EULA, you may contact SYMBOLIC SOFTWARE at the following address: [email protected]
THIS EULA IS APPLICABLE ONLY TO THE EXTENT AUTHORISED BY LAW.