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IMPORTANT! PLEASE READ CAREFULLY.
THIS SOFTWARE IS LICENSED, NOT SOLD. BY INSTALLING, COPYING OR OTHERWISE USING THE GAME (DEFINED BELOW), YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.
This is an agreement between you and Sinister Design LLC ("Sinister Design"). This software program (the “Game”); any printed materials and any on-line or electronic documentation (the "Manual"); and any and all copies and derivative works of the Game or Manual (collectively, the “Game Package”) is the copyrighted work of Sinister Design. Any and all uses of the Game Package are governed by the terms of this End User License Agreement (the "License Agreement" or "Agreement"). The Game Package is distributed solely for use by authorized end users according to the terms of this License Agreement. Any use, reproduction, modification or distribution of the Game Package not expressly authorized by the terms of the License Agreement is expressly prohibited.
1. Grant of a Limited Use License.
If you agree to this License Agreement, you may install the Game onto your computer for purposes of playing the Game. Subject to your agreement to and continuing compliance with this License Agreement, Sinister Design hereby grants, and you hereby accept, a limited, non-exclusive license to (a) install the Game on one or more computers owned by you or under your legitimate control, and (b) use the Game for your non-commercial entertainment purposes only (including the creation of Mods, per Section 6 below). All use of the Game is subject to this License Agreement and to the Terms of Use agreement, both of which you must accept before you can play the Game.
2. Additional License Limitations.
The license granted to you in Section 1 is subject to the limitations set forth in Sections 1 and 2 (collectively, the "License Limitations"). Any use of the Game in violation of the License Limitations will be regarded as an infringement of Sinister Design's copyrights in and to the Game. You agree that you will not, under any circumstances:
A. in whole or in part, copy, photocopy, reproduce, translate, reverse engineer, derive source code from, modify, disassemble, decompile, or create derivative works (other than Mods) based on the Game; provided, however, that you may make one (1) copy of the Game and the Manuals for backup purposes only;
B. sell, grant a security interest in or transfer reproductions of the Game to other parties in any way not expressly authorized herein, or rent, lease or license the Game to others.
3. Terms of Use.
You must accept the Terms of Use in order to play the Game. The Terms of Use agreement governs all aspects of game play. If you do not agree with the Terms of Use, then (a) you may not play the Game, and (b) you may send an email within seven (7) days after the original purchase to arrange to return the Game and to request a full refund of the purchase price provided you have not played it. Once you accept the License Agreement and the Terms of Use, you will no longer be eligible for a refund. Completing this installation of the Game shall be construed as acceptance of the Terms of Use.
4. Ownership.
A. All title, ownership rights and intellectual property rights in and to the Game and all copies thereof (including without limitation any titles, computer code, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artwork, character inventories, structural or landscape designs, animations, sounds, musical compositions and recordings, audio-visual effects, storylines, character likenesses, methods of operation, moral rights, and any related documentation) are owned or licensed by Sinister Design. The Game is protected by the copyright laws of the United States, international treaties and conventions, and other laws. The Game may contain materials licensed by third parties, and the licensors of those materials may enforce their rights in the event of any violation of this License Agreement.
B. You may not transfer, license, or assign any of your rights or obligations under the License Agreement to another.
5. Pre-Loaded Software.
The media on which the Game is distributed may contain additional software and/or content for which you do not have a license (the "Locked Software"), and you agree that Sinister Design may install the Locked Software onto your hard drive during the Game installation process. You also agree that you will not access, use, distribute, copy, display, reverse engineer, derive source code from, modify, disassemble, decompile any Locked Software, or create any derivative works based on the Locked Software, until and unless you receive from Sinister Design (a) a license to use that software; and (b) a valid alphanumeric key with which to unlock it. If you receive a license and a key from Sinister Design, you may only unlock those portions of a single copy of the Locked Software for which you received a license. The terms of the End User License Agreement displayed after the Locked Software is unlocked will replace and supersede this Agreement, but only with regard to the Locked Software for which you receive a license. Notwithstanding anything to the contrary herein, you may make one (1) copy of the Locked Software for backup purposes only.
6. Mods.
This section of the License Agreement governs Mods, defined as: any user-created campaign based upon or running in the Game, user-created map based upon or running in the Game, user-created modification to an existing campaign or map in the Game, and/or any other user-created interactive experience that relies upon the Game or its engine to run.
You have a limited license to create--and freely distribute--any Mod that you have created for the Game, subject to the express limitation that any such Mod must be distributed free-of-charge. You are strictly prohibited from selling Mods or otherwise deriving revenue or pecuniary benefit from their distribution ("Commercial Distribution") without prior written permission from Sinister Design; any Commercial Distribution of Mods without such permission shall be a material violation of this Agreement, and will be regarded as an infringement of Sinister Design's copyrights in and to the Game.
7. Duration.
This License Agreement is not terminable except by the mutual consent of the parties hereto, and shall last indefinitely until terminated.
8. Export Controls.
The Game may not be re-exported, downloaded or otherwise exported into (or to a national or resident of) any country to which the U.S. has embargoed goods, or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. You represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
9. Limited Warranty.
THE GAME (INCLUDING WITHOUT LIMITATION THE GAME CLIENT, MANUAL, AND ANY MODS) 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. The entire risk arising out of use or performance of the Game (including without limitation the Game Client, Manual, and any Mods) remains with the user. Notwithstanding the foregoing, Sinister Design warrants up to and including 90 days from the date of your purchase of the Game that the media containing the Game Client shall be free from material defects in material and workmanship. In the event that such media proves to be defective during that time period, and upon presentation to Sinister Design of proof of purchase of the defective media, Sinister Design will at its option (a) correct any defect, (b) provide you with a similar product of similar value, or (c) refund your money. THE FOREGOING IS YOUR SOLE AND EXCLUSIVE REMEDY FOR THE EXPRESS WARRANTY SET FORTH IN THIS SECTION.
10. Limitation of Liability, Indemnity.
SINISTER DESIGN SHALL NOT BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING OUT OF THE GAME OR ANY USE OF THE GAME, INCLUDING WITHOUT LIMITATION LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES. FURTHER, SINISTER DESIGN SHALL NOT BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE TO PLAYER CHARACTERS, VIRTUAL CURRENCY, STATISTICS, OR PROFILE INFORMATION STORED BY THE GAME. IN NO EVENT WILL SINISTER DESIGN BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES. In no event shall Sinister Design's liability, whether arising in contract, tort, strict liability or otherwise, exceed the price at which you purchased the Game. You hereby agree to defend, indemnify and hold Sinister Design harmless from and against any claim, liability, loss, injury, damage, cost or expense (including reasonable attorneys' fees) incurred by Sinister Design arising out of or from your use of the Game.
11. Equitable Remedies.
You hereby agree that Sinister Design would be irreparably damaged if the terms of this License Agreement were not specifically enforced, and therefore you agree that Sinister Design shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this License Agreement, in addition to such other remedies as Sinister Design may otherwise have available to it under applicable laws. In the event any litigation is brought by either party in connection with this License Agreement, if Sinister Design prevails, you agree that Sinister Design shall be entitled to recover from you all the costs, attorneys' fees and other expenses it incurred in the litigation.
12. Changes to the Agreement.
Sinister Design reserves the right, at its sole discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this License Agreement when Sinister Design updates or modifies the Game, and may provide such notice as Sinister Design may elect in its sole discretion. If any future changes to this License Agreement are unacceptable to you or cause you to no longer be in compliance with this License Agreement, you may terminate this License Agreement prospectively without consent from Sinister Design, without regard to Section 7 above. Your installation or use of any of Sinister Design’s updates or modifications to the Game or your continued use of the Game following notice of changes to this Agreement will demonstrate your acceptance of any and all such changes. Sinister Design may change, modify, suspend, or discontinue any aspect of the Game at any time. Sinister Design may also impose limits on certain features or restrict your access to parts or all of the Game without notice or liability. You agree that you have no interest, monetary or otherwise, in any feature or content contained in the Game.
13. Dispute Resolution and Governing Law.
A. Informal Negotiations. To expedite resolution and control the cost of any dispute, controversy or claim related to this License Agreement ("Dispute"), you and Sinister Design agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least 30 days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one party to the other. Sinister Design will send its notice to your billing address and email you a copy to the email address you have provided to us. You will send your notice to Sinister Design LLC, 4425 N. Wolcott Ave., Chicago, IL 60640.
B. Binding Arbitration. If you and Sinister Design are unable to resolve a Dispute through informal negotiations, either you or Sinister Design may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other, subject to subsection D below. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAAs Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website . The determination of whether a Dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, Sinister Design will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this License Agreement, you and Sinister Design may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
C. Restrictions. You and Sinister Design agree that any arbitration shall be limited to the Dispute between Sinister Design and you individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
D. Exceptions to Informal Negotiations and Arbitration. You and Sinister Design agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or Sinister Design's intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (3) any claim for injunctive relief.
E. Location. Any arbitration will take place within in the County of Cook, State of Illinois, United States of America. Any Dispute not subject to arbitration, or where no election to arbitrate has been made, shall be decided by a court of competent jurisdiction within the County of Cook, State of Illinois, United States of America, and you and Sinister Design agree to submit to the personal jurisdiction of that court.
F. Governing Law. Except as otherwise set forth herein, this License Agreement shall be governed by, and will be construed under, the Laws of the United States of America and the law of the State of Illinois, without regard to choice of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. For our customers who purchased a license to the Game in, and are a resident of countries outside the United States, other laws may apply if you choose not to agree to arbitrate as set forth above; provided, however, that such laws shall affect this Agreement only to the extent required by such jurisdiction. In such a case, this Agreement shall be interpreted to give maximum effect to the terms and conditions hereof.
G. Severability. You and Sinister Design agree that if any portion of Section 13 is found illegal or unenforceable (except any portion of 13(D)) that portion shall be severed and the remainder of the Section shall be given full force and effect. If Section 13(D) is found to be illegal or unenforceable then neither you nor Sinister Design will elect to arbitrate any Dispute falling within that portion of Section 13(D) found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the County of Cook, State of Illinois, United States of America, and you and Sinister Design agree to submit to the personal jurisdiction of that court, expressly waiving any defenses thereto.
14. Miscellaneous.
This License Agreement constitutes and contains the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior oral or written agreements. The provisions of Sections 4, 7, 9-11, 12 and 13 shall survive the termination of this Agreement for any reason. If any provision of this Agreement is found to be unenforceable, that provision shall be severed and the remainder of the Agreement shall be given full force and effect.
I hereby acknowledge that I have read and understand the foregoing License Agreement and agree that by clicking "Accept" or installing the game I am acknowledging my agreement to be bound by the terms and conditions of this License Agreement.
THIS SOFTWARE IS LICENSED, NOT SOLD. BY INSTALLING, COPYING OR OTHERWISE USING THE GAME (DEFINED BELOW), YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.
This is an agreement between you and Sinister Design LLC ("Sinister Design"). This software program (the “Game”); any printed materials and any on-line or electronic documentation (the "Manual"); and any and all copies and derivative works of the Game or Manual (collectively, the “Game Package”) is the copyrighted work of Sinister Design. Any and all uses of the Game Package are governed by the terms of this End User License Agreement (the "License Agreement" or "Agreement"). The Game Package is distributed solely for use by authorized end users according to the terms of this License Agreement. Any use, reproduction, modification or distribution of the Game Package not expressly authorized by the terms of the License Agreement is expressly prohibited.
1. Grant of a Limited Use License.
If you agree to this License Agreement, you may install the Game onto your computer for purposes of playing the Game. Subject to your agreement to and continuing compliance with this License Agreement, Sinister Design hereby grants, and you hereby accept, a limited, non-exclusive license to (a) install the Game on one or more computers owned by you or under your legitimate control, and (b) use the Game for your non-commercial entertainment purposes only (including the creation of Mods, per Section 6 below). All use of the Game is subject to this License Agreement and to the Terms of Use agreement, both of which you must accept before you can play the Game.
2. Additional License Limitations.
The license granted to you in Section 1 is subject to the limitations set forth in Sections 1 and 2 (collectively, the "License Limitations"). Any use of the Game in violation of the License Limitations will be regarded as an infringement of Sinister Design's copyrights in and to the Game. You agree that you will not, under any circumstances:
A. in whole or in part, copy, photocopy, reproduce, translate, reverse engineer, derive source code from, modify, disassemble, decompile, or create derivative works (other than Mods) based on the Game; provided, however, that you may make one (1) copy of the Game and the Manuals for backup purposes only;
B. sell, grant a security interest in or transfer reproductions of the Game to other parties in any way not expressly authorized herein, or rent, lease or license the Game to others.
3. Terms of Use.
You must accept the Terms of Use in order to play the Game. The Terms of Use agreement governs all aspects of game play. If you do not agree with the Terms of Use, then (a) you may not play the Game, and (b) you may send an email within seven (7) days after the original purchase to arrange to return the Game and to request a full refund of the purchase price provided you have not played it. Once you accept the License Agreement and the Terms of Use, you will no longer be eligible for a refund. Completing this installation of the Game shall be construed as acceptance of the Terms of Use.
4. Ownership.
A. All title, ownership rights and intellectual property rights in and to the Game and all copies thereof (including without limitation any titles, computer code, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artwork, character inventories, structural or landscape designs, animations, sounds, musical compositions and recordings, audio-visual effects, storylines, character likenesses, methods of operation, moral rights, and any related documentation) are owned or licensed by Sinister Design. The Game is protected by the copyright laws of the United States, international treaties and conventions, and other laws. The Game may contain materials licensed by third parties, and the licensors of those materials may enforce their rights in the event of any violation of this License Agreement.
B. You may not transfer, license, or assign any of your rights or obligations under the License Agreement to another.
5. Pre-Loaded Software.
The media on which the Game is distributed may contain additional software and/or content for which you do not have a license (the "Locked Software"), and you agree that Sinister Design may install the Locked Software onto your hard drive during the Game installation process. You also agree that you will not access, use, distribute, copy, display, reverse engineer, derive source code from, modify, disassemble, decompile any Locked Software, or create any derivative works based on the Locked Software, until and unless you receive from Sinister Design (a) a license to use that software; and (b) a valid alphanumeric key with which to unlock it. If you receive a license and a key from Sinister Design, you may only unlock those portions of a single copy of the Locked Software for which you received a license. The terms of the End User License Agreement displayed after the Locked Software is unlocked will replace and supersede this Agreement, but only with regard to the Locked Software for which you receive a license. Notwithstanding anything to the contrary herein, you may make one (1) copy of the Locked Software for backup purposes only.
6. Mods.
This section of the License Agreement governs Mods, defined as: any user-created campaign based upon or running in the Game, user-created map based upon or running in the Game, user-created modification to an existing campaign or map in the Game, and/or any other user-created interactive experience that relies upon the Game or its engine to run.
You have a limited license to create--and freely distribute--any Mod that you have created for the Game, subject to the express limitation that any such Mod must be distributed free-of-charge. You are strictly prohibited from selling Mods or otherwise deriving revenue or pecuniary benefit from their distribution ("Commercial Distribution") without prior written permission from Sinister Design; any Commercial Distribution of Mods without such permission shall be a material violation of this Agreement, and will be regarded as an infringement of Sinister Design's copyrights in and to the Game.
7. Duration.
This License Agreement is not terminable except by the mutual consent of the parties hereto, and shall last indefinitely until terminated.
8. Export Controls.
The Game may not be re-exported, downloaded or otherwise exported into (or to a national or resident of) any country to which the U.S. has embargoed goods, or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. You represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
9. Limited Warranty.
THE GAME (INCLUDING WITHOUT LIMITATION THE GAME CLIENT, MANUAL, AND ANY MODS) 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. The entire risk arising out of use or performance of the Game (including without limitation the Game Client, Manual, and any Mods) remains with the user. Notwithstanding the foregoing, Sinister Design warrants up to and including 90 days from the date of your purchase of the Game that the media containing the Game Client shall be free from material defects in material and workmanship. In the event that such media proves to be defective during that time period, and upon presentation to Sinister Design of proof of purchase of the defective media, Sinister Design will at its option (a) correct any defect, (b) provide you with a similar product of similar value, or (c) refund your money. THE FOREGOING IS YOUR SOLE AND EXCLUSIVE REMEDY FOR THE EXPRESS WARRANTY SET FORTH IN THIS SECTION.
10. Limitation of Liability, Indemnity.
SINISTER DESIGN SHALL NOT BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING OUT OF THE GAME OR ANY USE OF THE GAME, INCLUDING WITHOUT LIMITATION LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES. FURTHER, SINISTER DESIGN SHALL NOT BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE TO PLAYER CHARACTERS, VIRTUAL CURRENCY, STATISTICS, OR PROFILE INFORMATION STORED BY THE GAME. IN NO EVENT WILL SINISTER DESIGN BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES. In no event shall Sinister Design's liability, whether arising in contract, tort, strict liability or otherwise, exceed the price at which you purchased the Game. You hereby agree to defend, indemnify and hold Sinister Design harmless from and against any claim, liability, loss, injury, damage, cost or expense (including reasonable attorneys' fees) incurred by Sinister Design arising out of or from your use of the Game.
11. Equitable Remedies.
You hereby agree that Sinister Design would be irreparably damaged if the terms of this License Agreement were not specifically enforced, and therefore you agree that Sinister Design shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this License Agreement, in addition to such other remedies as Sinister Design may otherwise have available to it under applicable laws. In the event any litigation is brought by either party in connection with this License Agreement, if Sinister Design prevails, you agree that Sinister Design shall be entitled to recover from you all the costs, attorneys' fees and other expenses it incurred in the litigation.
12. Changes to the Agreement.
Sinister Design reserves the right, at its sole discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this License Agreement when Sinister Design updates or modifies the Game, and may provide such notice as Sinister Design may elect in its sole discretion. If any future changes to this License Agreement are unacceptable to you or cause you to no longer be in compliance with this License Agreement, you may terminate this License Agreement prospectively without consent from Sinister Design, without regard to Section 7 above. Your installation or use of any of Sinister Design’s updates or modifications to the Game or your continued use of the Game following notice of changes to this Agreement will demonstrate your acceptance of any and all such changes. Sinister Design may change, modify, suspend, or discontinue any aspect of the Game at any time. Sinister Design may also impose limits on certain features or restrict your access to parts or all of the Game without notice or liability. You agree that you have no interest, monetary or otherwise, in any feature or content contained in the Game.
13. Dispute Resolution and Governing Law.
A. Informal Negotiations. To expedite resolution and control the cost of any dispute, controversy or claim related to this License Agreement ("Dispute"), you and Sinister Design agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least 30 days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one party to the other. Sinister Design will send its notice to your billing address and email you a copy to the email address you have provided to us. You will send your notice to Sinister Design LLC, 4425 N. Wolcott Ave., Chicago, IL 60640.
B. Binding Arbitration. If you and Sinister Design are unable to resolve a Dispute through informal negotiations, either you or Sinister Design may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other, subject to subsection D below. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAAs Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website . The determination of whether a Dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, Sinister Design will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this License Agreement, you and Sinister Design may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
C. Restrictions. You and Sinister Design agree that any arbitration shall be limited to the Dispute between Sinister Design and you individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
D. Exceptions to Informal Negotiations and Arbitration. You and Sinister Design agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or Sinister Design's intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (3) any claim for injunctive relief.
E. Location. Any arbitration will take place within in the County of Cook, State of Illinois, United States of America. Any Dispute not subject to arbitration, or where no election to arbitrate has been made, shall be decided by a court of competent jurisdiction within the County of Cook, State of Illinois, United States of America, and you and Sinister Design agree to submit to the personal jurisdiction of that court.
F. Governing Law. Except as otherwise set forth herein, this License Agreement shall be governed by, and will be construed under, the Laws of the United States of America and the law of the State of Illinois, without regard to choice of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. For our customers who purchased a license to the Game in, and are a resident of countries outside the United States, other laws may apply if you choose not to agree to arbitrate as set forth above; provided, however, that such laws shall affect this Agreement only to the extent required by such jurisdiction. In such a case, this Agreement shall be interpreted to give maximum effect to the terms and conditions hereof.
G. Severability. You and Sinister Design agree that if any portion of Section 13 is found illegal or unenforceable (except any portion of 13(D)) that portion shall be severed and the remainder of the Section shall be given full force and effect. If Section 13(D) is found to be illegal or unenforceable then neither you nor Sinister Design will elect to arbitrate any Dispute falling within that portion of Section 13(D) found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the County of Cook, State of Illinois, United States of America, and you and Sinister Design agree to submit to the personal jurisdiction of that court, expressly waiving any defenses thereto.
14. Miscellaneous.
This License Agreement constitutes and contains the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior oral or written agreements. The provisions of Sections 4, 7, 9-11, 12 and 13 shall survive the termination of this Agreement for any reason. If any provision of this Agreement is found to be unenforceable, that provision shall be severed and the remainder of the Agreement shall be given full force and effect.
I hereby acknowledge that I have read and understand the foregoing License Agreement and agree that by clicking "Accept" or installing the game I am acknowledging my agreement to be bound by the terms and conditions of this License Agreement.