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END USER LICENSE AGREEMENT
CAREFULLY READ THE FOLLOWING END USER LICENSE AGREEMENT (“AGREEMENT”) BEFORE INSTALLING GALACIDE™. BY INSTALLING, COPYING, PLAYING OR OTHERWISE USING THE GAME, YOU AGREE TO THE TERMS OF THIS AGREEMENT WITH PUNY HUMAN®, LLC, (COLLECTIVELY WITH ITS AFFILIATED COMPANIES, “PUNY HUMAN”).
YOUR USE OF THE GAME IS ALSO SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN THE STEAM™ SUBSCRIBER AGREEMENT AND ANY OTHER TERMS SET FORTH BY VALVE CORPORATION IN RELATION TO THE STEAM SERVICE.
IF YOU AGREE TO THE TERMS SET FORTH IN THIS AGREEMENT, select “AGREE” to indicate your understanding of the conditions of use of the Game and your acceptance of these terms and to install the Game.
IF YOU DO NOT AGREE TO THE TERMS SET FORTH IN THIS AGREEMENT, select “CANCEL” and Puny Human will not grant to you the License (defined below) to the Game. You will not be able to install the Game.
1. LIMITED LICENSE
The term “Game” means Galacide™ and includes the software included in this video game, the associated media, all patches, updates and modifications, any software associated with any online mode of the video game (subject to any additional terms of use applicable to online mode), any online or electronic documentation, and all copies of such software and materials.
Puny Human grants you a non-exclusive, non-transferable, limited license to install and use one copy of the Game on one computer at any given time solely for your personal, non-commercial use (the “License”). All rights not specifically granted under this License are reserved by Puny Human and, as applicable, by its licensors.
2. OWNERSHIP
By accepting this agreement, the Game is licensed to you, not sold. Puny Human is the owner or licensee of all right, title, intellectual property right or other interest connected with the Game and any and all copies thereof (including but not limited to derivative works, titles, computer code, applets, artwork, visual components, objects, concepts, graphics, animation, sounds, musical compositions, audio or visual effects, text, characters, items, screen displays, moral rights that relate to the Game, and methods of operation incorporated into the Game and any related documentation) are owned by Puny Human or its licensors. The Game is protected by the copyright and trademark laws of the United States, international treaties and conventions and other laws. All rights are reserved. The Game contains certain materials licensed by Puny Human from others, and Puny Human and Puny Human’s licensors may protect their rights in the event of any violation of this Agreement.
3. LICENSE CONDITIONS AND RESTRICTIONS
You agree that you will not, without a separate, additional, written license from Puny Human: (i) modify, create derivative works from, translate, distribute, publicly display, publicly perform, or sublicense the Game; (ii) reverse engineer, decompile, disassemble, or otherwise attempt to derive any of the Game’s source code in whole or in part (and you agree that all lawful modifications, adaptations, improvements, etc., and all copyrights and other rights therein, are deemed on creation to belong to Puny Human and/or its licensors as applicable); (iii) use, advertise or exploit the Game or any of its parts commercially in any manner; (iv) make copies of the Game or any part thereof, except that you may make one copy of the Game for backup purposes, and you may make copies of the materials accompanying the Game for non-commercial backup and reference; (v) sell, rent, lease, license, distribute, upload to any Internet server or web site, or otherwise transfer any portion of this Game or any copies; (vi) remove, disable or circumvent any security protections or technical measures that control access to or monitor use of the Game; or (vii) create data or programs that mimic data or functionality of the Game. Puny Human may revoke your license to the Game if you violate, or assist others in violating, these license limitations and restrictions.
4. GAME UPDATES
Puny Human may, in its sole discretion, provide updates, patches or modifications to the Game, some of which may be required to be installed for you to be able to continue to play the game. Puny Human may remotely and access the Game on your computer or other device for such purpose, and you grant Puny Human the right to deploy and apply patches, updates and modifications.
5. NO WARRANTY AND LIMITATIONS ON DAMAGES
You are aware and agree that use of the Game is at your sole risk.
THE GAME IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. PUNY HUMAN WILL NOT BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, USE OR MALFUNCTION OF THE GAME, INCLUDING WITHOUT LIMITATION ANY LOST PROFITS, DAMAGE TO PROPERTY, LOST OR CORRUPTED DATA, LOSS OF GOODWILL, COMPUTER OR DEVICE FAILURE, LOST INFORMATION AS A RESULT OF USE OR MALFUNCTION OF THE GAME, OR PERSONAL INJURIES, EVEN IF PUNY HUMAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. IN NO EVENT WILL PUNY HUMAN OR ITS LICENSORS BE LIABLE FOR SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES RESULTING FROM ANY IMPLIED WARRANTIES OR ANY TERMS OF THIS AGREEMENT. PUNY HUMAN’S TOTAL LIABILITY IN ALL CASES WILL NOT EXCEED THE ACTUAL PRICE PAID FOR THE GAME. THE FOREGOING APPLIES EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
The Game includes the Unreal® Engine code and other code, materials, and information (the “Epic Materials”) from Epic Games, Inc. (“Epic”). All Epic Materials are provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind. Puny Human, Epic, and Epic’s affiliates disclaim all warranties, conditions, common law duties, and representations (express, implied, oral, and written) with respect to the Epic Materials, including without limitation all express, implied, and statutory warranties and conditions of any kind, such as title, non-interference with your enjoyment, authority, non-infringement, merchantability, fitness or suitability for any purpose (whether or not Epic knows or has reason to know of any such purpose), system integration, accuracy or completeness, results, reasonable care, workmanlike effort, lack of negligence, and lack of viruses, whether alleged to arise under law, by reason of custom or usage in the trade, or by course of dealing. Without limiting the generality of the foregoing, Puny Human, Epic, and Epic’s affiliates make no warranty that (1) any of the Epic Materials will operate properly, including as integrated in the Game, (2) that the Epic Materials will meet your requirements, (3) that the operation of the Epic Materials will be uninterrupted, bug free, or error free in any or all circumstances, (4) that any defects in the Epic Materials can or will be corrected, (5) that the Epic Materials are or will be in compliance with a platform manufacturer’s rules or requirements, or (6) that a platform manufacturer has approved or will approve the Game, or will not revoke approval of the Game for any or no reason. Any warranty against infringement that may be provided in Section 2-312 of the Uniform Commercial Code or in any other comparable statute is expressly disclaimed by Puny Human and Epic. Puny Human, Epic, and Epic’s affiliates do not guarantee continuous, error-free, virus-free, or secure operation of or access to the Epic Materials. This paragraph will apply to the maximum extent permitted by applicable law.
To the maximum extent permitted by applicable law, neither Puny Human, Epic, Epic’s licensors, nor its or their affiliates, nor any of Puny Human’s or Epic’s service providers, shall be liable in any way for loss or damage of any kind resulting from the use or inability to use the Epic Materials or otherwise in connection with this Agreement, including but not limited to loss of goodwill, work stoppage, computer failure, or malfunction, or any and all other commercial damages or losses. In no event will Puny Human, Epic, Epic’s licensors, nor its or their affiliates, nor any of Puny Human’s or Epic’s service providers be liable for any loss of profits or any indirect, incidental, consequential, special, punitive, or exemplary damages, or any other damages arising out of or in connection with this Agreement or the Epic Materials, or the delay or inability to use or lack of functionality of the Epic Materials, even in the event of Puny Human’s, Epic’s, or Epic’s affiliates’ fault, tort (including negligence), strict liability, indemnity, product liability, breach of contract, breach of warranty, or otherwise and even if Puny Human, Epic or Epic’s affiliates have been advised of the possibility of such damages. These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate compensation.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Puny Human, Epic, Epic’s licensors, its and their affiliates, and any of Puny Human’s or Epic’s service providers shall be limited to the full extent permitted by law.
In jurisdictions in which implied warranties may not be completely disclaimed as is the effect of this Agreement, this Agreement should be construed to disclaim those warranties to the maximum extent permitted by the jurisdiction.
6. TERM AND TERMINATION
This Agreement is effective upon your installation or use of the Game. The License will remain in effect for as long as you use, operate or run the Game. The License will terminate automatically if you fail to comply with its terms and conditions. In such event, you must uninstall and destroy all copies of the Game, installation files or other documentation. You may terminate the License at any time by destroying the Game and uninstalling it from your computer or other hardware. Sections 2, 3, 5, 6, 7, 8, 9 and 11 shall survive any termination of this License.
7. EQUITABLE REMEDIES
You agree that Puny Human would be irreparably damaged if the terms of this Agreement were not specifically followed and enforced. In such an event, you agree that Puny Human is entitled, without bond, other security, or proof of damages, to appropriate equitable remedies when you breach this Agreement; and that the awarding of equitable remedies will not limit remedies that are otherwise available under applicable law.
8. INDEMNITY
You agree to defend and indemnify Puny Human, its partners, affiliates, contractors, licensors, officers, directors, employees and agents against and from any third party claims, liabilities, losses, injuries, damages, costs or expenses incurred by Puny Human arising out of or from your use of the Game or any breach by you of this Agreement.
9. CHOICE OF LAW AND JURISDICTION
THIS AGREEMENT WILL BE GOVERNED BY AND CONSTRUED AND ENFORCED UNDER THE LAWS OF THE UNITED STATES OF AMERICA AND THE LAW OF THE STATE OF NORTH CAROLINA LAW, WITHOUT REGARD TO CONFLICTS OF LAW PRINCIPLES. YOU AND PUNY HUMAN CONSENT TO THE EXCLUSIVE PERSONAL JURISDICTION OF THE STATE AND FEDERAL COURTS LOCATED IN RALEIGH, NORTH CAROLINA, IN CONNECTION WITH ANY CLAIM OR DISPUTE CONCERNING THIS AGREEMENT OR THE GAME, AND YOU AND PUNY HUMAN WAIVE ANY OBJECTION BASED ON VENUE OR INCONVENIENCE OF SUCH FORUM. THE APPLICATION OF THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS TO THIS AGREEMENT IS EXPRESSLY EXCLUDED.
10. AMENDMENTS
Puny Human may create updated versions of this Agreement at any time, at its sole discretion. Puny Human will post changes to the Agreement on the Galacide™ website or will communicate such changes through the Steam service. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you may terminate this Agreement in accordance with the above Termination provisions. Your installation and use of updates, patches or modifications to the Game or continued use of the Game following notice of changes to this Agreement will constitute acceptance of those changes.
11. MISCELLANEOUS
This Agreement is the complete agreement between you and Puny Human concerning the License and the Game, and supersedes all prior agreements and representations, warranties or understandings between you and Puny Human on the same subject matter. If any provision of this Agreement is held to be unenforceable for any reason, the remaining provisions of this Agreement will remain in full force and not be affected.
If you have any questions concerning this Agreement, you may contact Puny Human at Puny Human, LLC, Attn. Legal, P.O. Box 120, Morrisville, NC 27560
CAREFULLY READ THE FOLLOWING END USER LICENSE AGREEMENT (“AGREEMENT”) BEFORE INSTALLING GALACIDE™. BY INSTALLING, COPYING, PLAYING OR OTHERWISE USING THE GAME, YOU AGREE TO THE TERMS OF THIS AGREEMENT WITH PUNY HUMAN®, LLC, (COLLECTIVELY WITH ITS AFFILIATED COMPANIES, “PUNY HUMAN”).
YOUR USE OF THE GAME IS ALSO SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN THE STEAM™ SUBSCRIBER AGREEMENT AND ANY OTHER TERMS SET FORTH BY VALVE CORPORATION IN RELATION TO THE STEAM SERVICE.
IF YOU AGREE TO THE TERMS SET FORTH IN THIS AGREEMENT, select “AGREE” to indicate your understanding of the conditions of use of the Game and your acceptance of these terms and to install the Game.
IF YOU DO NOT AGREE TO THE TERMS SET FORTH IN THIS AGREEMENT, select “CANCEL” and Puny Human will not grant to you the License (defined below) to the Game. You will not be able to install the Game.
1. LIMITED LICENSE
The term “Game” means Galacide™ and includes the software included in this video game, the associated media, all patches, updates and modifications, any software associated with any online mode of the video game (subject to any additional terms of use applicable to online mode), any online or electronic documentation, and all copies of such software and materials.
Puny Human grants you a non-exclusive, non-transferable, limited license to install and use one copy of the Game on one computer at any given time solely for your personal, non-commercial use (the “License”). All rights not specifically granted under this License are reserved by Puny Human and, as applicable, by its licensors.
2. OWNERSHIP
By accepting this agreement, the Game is licensed to you, not sold. Puny Human is the owner or licensee of all right, title, intellectual property right or other interest connected with the Game and any and all copies thereof (including but not limited to derivative works, titles, computer code, applets, artwork, visual components, objects, concepts, graphics, animation, sounds, musical compositions, audio or visual effects, text, characters, items, screen displays, moral rights that relate to the Game, and methods of operation incorporated into the Game and any related documentation) are owned by Puny Human or its licensors. The Game is protected by the copyright and trademark laws of the United States, international treaties and conventions and other laws. All rights are reserved. The Game contains certain materials licensed by Puny Human from others, and Puny Human and Puny Human’s licensors may protect their rights in the event of any violation of this Agreement.
3. LICENSE CONDITIONS AND RESTRICTIONS
You agree that you will not, without a separate, additional, written license from Puny Human: (i) modify, create derivative works from, translate, distribute, publicly display, publicly perform, or sublicense the Game; (ii) reverse engineer, decompile, disassemble, or otherwise attempt to derive any of the Game’s source code in whole or in part (and you agree that all lawful modifications, adaptations, improvements, etc., and all copyrights and other rights therein, are deemed on creation to belong to Puny Human and/or its licensors as applicable); (iii) use, advertise or exploit the Game or any of its parts commercially in any manner; (iv) make copies of the Game or any part thereof, except that you may make one copy of the Game for backup purposes, and you may make copies of the materials accompanying the Game for non-commercial backup and reference; (v) sell, rent, lease, license, distribute, upload to any Internet server or web site, or otherwise transfer any portion of this Game or any copies; (vi) remove, disable or circumvent any security protections or technical measures that control access to or monitor use of the Game; or (vii) create data or programs that mimic data or functionality of the Game. Puny Human may revoke your license to the Game if you violate, or assist others in violating, these license limitations and restrictions.
4. GAME UPDATES
Puny Human may, in its sole discretion, provide updates, patches or modifications to the Game, some of which may be required to be installed for you to be able to continue to play the game. Puny Human may remotely and access the Game on your computer or other device for such purpose, and you grant Puny Human the right to deploy and apply patches, updates and modifications.
5. NO WARRANTY AND LIMITATIONS ON DAMAGES
You are aware and agree that use of the Game is at your sole risk.
THE GAME IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. PUNY HUMAN WILL NOT BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, USE OR MALFUNCTION OF THE GAME, INCLUDING WITHOUT LIMITATION ANY LOST PROFITS, DAMAGE TO PROPERTY, LOST OR CORRUPTED DATA, LOSS OF GOODWILL, COMPUTER OR DEVICE FAILURE, LOST INFORMATION AS A RESULT OF USE OR MALFUNCTION OF THE GAME, OR PERSONAL INJURIES, EVEN IF PUNY HUMAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. IN NO EVENT WILL PUNY HUMAN OR ITS LICENSORS BE LIABLE FOR SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES RESULTING FROM ANY IMPLIED WARRANTIES OR ANY TERMS OF THIS AGREEMENT. PUNY HUMAN’S TOTAL LIABILITY IN ALL CASES WILL NOT EXCEED THE ACTUAL PRICE PAID FOR THE GAME. THE FOREGOING APPLIES EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
The Game includes the Unreal® Engine code and other code, materials, and information (the “Epic Materials”) from Epic Games, Inc. (“Epic”). All Epic Materials are provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind. Puny Human, Epic, and Epic’s affiliates disclaim all warranties, conditions, common law duties, and representations (express, implied, oral, and written) with respect to the Epic Materials, including without limitation all express, implied, and statutory warranties and conditions of any kind, such as title, non-interference with your enjoyment, authority, non-infringement, merchantability, fitness or suitability for any purpose (whether or not Epic knows or has reason to know of any such purpose), system integration, accuracy or completeness, results, reasonable care, workmanlike effort, lack of negligence, and lack of viruses, whether alleged to arise under law, by reason of custom or usage in the trade, or by course of dealing. Without limiting the generality of the foregoing, Puny Human, Epic, and Epic’s affiliates make no warranty that (1) any of the Epic Materials will operate properly, including as integrated in the Game, (2) that the Epic Materials will meet your requirements, (3) that the operation of the Epic Materials will be uninterrupted, bug free, or error free in any or all circumstances, (4) that any defects in the Epic Materials can or will be corrected, (5) that the Epic Materials are or will be in compliance with a platform manufacturer’s rules or requirements, or (6) that a platform manufacturer has approved or will approve the Game, or will not revoke approval of the Game for any or no reason. Any warranty against infringement that may be provided in Section 2-312 of the Uniform Commercial Code or in any other comparable statute is expressly disclaimed by Puny Human and Epic. Puny Human, Epic, and Epic’s affiliates do not guarantee continuous, error-free, virus-free, or secure operation of or access to the Epic Materials. This paragraph will apply to the maximum extent permitted by applicable law.
To the maximum extent permitted by applicable law, neither Puny Human, Epic, Epic’s licensors, nor its or their affiliates, nor any of Puny Human’s or Epic’s service providers, shall be liable in any way for loss or damage of any kind resulting from the use or inability to use the Epic Materials or otherwise in connection with this Agreement, including but not limited to loss of goodwill, work stoppage, computer failure, or malfunction, or any and all other commercial damages or losses. In no event will Puny Human, Epic, Epic’s licensors, nor its or their affiliates, nor any of Puny Human’s or Epic’s service providers be liable for any loss of profits or any indirect, incidental, consequential, special, punitive, or exemplary damages, or any other damages arising out of or in connection with this Agreement or the Epic Materials, or the delay or inability to use or lack of functionality of the Epic Materials, even in the event of Puny Human’s, Epic’s, or Epic’s affiliates’ fault, tort (including negligence), strict liability, indemnity, product liability, breach of contract, breach of warranty, or otherwise and even if Puny Human, Epic or Epic’s affiliates have been advised of the possibility of such damages. These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate compensation.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Puny Human, Epic, Epic’s licensors, its and their affiliates, and any of Puny Human’s or Epic’s service providers shall be limited to the full extent permitted by law.
In jurisdictions in which implied warranties may not be completely disclaimed as is the effect of this Agreement, this Agreement should be construed to disclaim those warranties to the maximum extent permitted by the jurisdiction.
6. TERM AND TERMINATION
This Agreement is effective upon your installation or use of the Game. The License will remain in effect for as long as you use, operate or run the Game. The License will terminate automatically if you fail to comply with its terms and conditions. In such event, you must uninstall and destroy all copies of the Game, installation files or other documentation. You may terminate the License at any time by destroying the Game and uninstalling it from your computer or other hardware. Sections 2, 3, 5, 6, 7, 8, 9 and 11 shall survive any termination of this License.
7. EQUITABLE REMEDIES
You agree that Puny Human would be irreparably damaged if the terms of this Agreement were not specifically followed and enforced. In such an event, you agree that Puny Human is entitled, without bond, other security, or proof of damages, to appropriate equitable remedies when you breach this Agreement; and that the awarding of equitable remedies will not limit remedies that are otherwise available under applicable law.
8. INDEMNITY
You agree to defend and indemnify Puny Human, its partners, affiliates, contractors, licensors, officers, directors, employees and agents against and from any third party claims, liabilities, losses, injuries, damages, costs or expenses incurred by Puny Human arising out of or from your use of the Game or any breach by you of this Agreement.
9. CHOICE OF LAW AND JURISDICTION
THIS AGREEMENT WILL BE GOVERNED BY AND CONSTRUED AND ENFORCED UNDER THE LAWS OF THE UNITED STATES OF AMERICA AND THE LAW OF THE STATE OF NORTH CAROLINA LAW, WITHOUT REGARD TO CONFLICTS OF LAW PRINCIPLES. YOU AND PUNY HUMAN CONSENT TO THE EXCLUSIVE PERSONAL JURISDICTION OF THE STATE AND FEDERAL COURTS LOCATED IN RALEIGH, NORTH CAROLINA, IN CONNECTION WITH ANY CLAIM OR DISPUTE CONCERNING THIS AGREEMENT OR THE GAME, AND YOU AND PUNY HUMAN WAIVE ANY OBJECTION BASED ON VENUE OR INCONVENIENCE OF SUCH FORUM. THE APPLICATION OF THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS TO THIS AGREEMENT IS EXPRESSLY EXCLUDED.
10. AMENDMENTS
Puny Human may create updated versions of this Agreement at any time, at its sole discretion. Puny Human will post changes to the Agreement on the Galacide™ website or will communicate such changes through the Steam service. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you may terminate this Agreement in accordance with the above Termination provisions. Your installation and use of updates, patches or modifications to the Game or continued use of the Game following notice of changes to this Agreement will constitute acceptance of those changes.
11. MISCELLANEOUS
This Agreement is the complete agreement between you and Puny Human concerning the License and the Game, and supersedes all prior agreements and representations, warranties or understandings between you and Puny Human on the same subject matter. If any provision of this Agreement is held to be unenforceable for any reason, the remaining provisions of this Agreement will remain in full force and not be affected.
If you have any questions concerning this Agreement, you may contact Puny Human at Puny Human, LLC, Attn. Legal, P.O. Box 120, Morrisville, NC 27560