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Skyfear
End-User License Agreement
Last updated: 4 25 2022
This End-User License Agreement is a legal agreement and herby entered into between you and Protoria Studios for the software.
OWNERSHIP
Title to the software, documentation, updates, copyrights, patents, trade secrets, and other worldwide proprietary and intellectual property rights in or related thereto are and will remain the exclusive property of Protoria Studios. Customer may not remove any titles, trademarks, copyright notices, documents, legends, or other proprietary markings in or on the software, and will not acquire any rights within the software except the limited license specified in this agreement. Protoria Studios owns all rights in any copy, translation, modification, adaptation or derivatives works of the software, including any improvement or development thereof. The software includes certain third-party software as set forth in the documentation, and may be used only in accordance with the licenses set forth which prevail over the terms of this agreement with respect to such third-party software. With respect to the software, third-party components are integrated by Protoria Studios for on behalf of the customer in accordance to this agreement. Therefore any third-party software delivered to the customer pursuant of this agreement, including any third party plugin that may be provided with the software, is included for use at the customer's option, solely in according with the corresponding third party software licenses. Protoria Studios shall have no liability to customer's use of any third party software. Customer is granted a non-exclusive, non-transferable, non-assignable, restricted license during the term set forth in this agreement, to access, install, and use one production copy of the software in according with the relevant documentation for the customer's personal use only. Customer may not use the software for providing hosted services to the general public or any third-party entities. Customer acknowledges the software and documentation is proprietary to Protoria Studios and may not be distributed to any third parties.
CUSTOMER USE
This license is for personal use only. Customer shall not:
DAMAGES
Protoria Studios does not warrant that the operating of the software or supporting services will be fail safe, uninterrupted, error free, or protected against all possible threats. In no event shall Protoria Studios be liable to customer or any third parties under this agreement for any indirect, incidental, punitive, or consequential damages, costs, losses, or expense including but not limited to interruption of use, loss of data, loss of goodwill, damage to networks, equipment, or hardware. Limitation of liability is based on the fact that end users use computers for a variety of purposes. Accordingly, only the customer can implement safeguards and back-up plans appropriate to customer's needs.
DEVELOPMENT
Additional development of software may not be granted upon request by any customer, third-party, business, government, or other entity, for any reason. Protoria Studios exclusively owns the right to additional development of the software and the right to decide how and when to do so, including the cease of development and support of the software.
CONFIDENTIAL INFORMATION
Customer acknowledges and agrees that the software incorporates confidential and proprietary information developed or acquired by Protoria Studios including, but not limited to, technical and non-technical data, formulas, patterns, devices, methods, techniques, drawings, and processes related to the software, which constitutes the valuable intellectual property of Protoria Studios and its suppliers. Each party will comply with all laws and regulations that apply to use, transmission, storage, disclosure, or destruction of confidential information. Customer acknowledges that the software may include a monitoring capability that sends anonymous statistics about performance, device utilization, and network, remotely to Protoria Studios. Any party receiving confidential information is granted to license or right to disclosing any party's confidential information of any intellectual property rights therein.
THIS AGREEMENT
Protoria Studios will not be held responsible for any failure, delay, or interruption caused by circumstances outside its control, such as a network failure, network connection failure, natural disaster, earthquake, flooding, strikes, embargoes, acts of terrorism, acts of government, climate change, pandemics, artificial intelligence, or solar system activity.
Protoria Studios reserves the right, at any time and from time to time, to revise, supplement, and otherwise modify this Agreement and to impose new or additional rules, policies, terms or conditions on the customer's use of the software. Such updates will be effective immediately. The customer waives any right to receive any specific notice of updates. The customer may not terminate this agreement. No failure of either party to exercise or enforce any of its rights under this agreement will act as a waiver of those rights. In the event of an acquisition of Protoria Studios and its intellectual property, software, and products, updates to this agreement are the responsibility of the new owners, though no updates are required.
End-User License Agreement
Last updated: 4 25 2022
This End-User License Agreement is a legal agreement and herby entered into between you and Protoria Studios for the software.
OWNERSHIP
Title to the software, documentation, updates, copyrights, patents, trade secrets, and other worldwide proprietary and intellectual property rights in or related thereto are and will remain the exclusive property of Protoria Studios. Customer may not remove any titles, trademarks, copyright notices, documents, legends, or other proprietary markings in or on the software, and will not acquire any rights within the software except the limited license specified in this agreement. Protoria Studios owns all rights in any copy, translation, modification, adaptation or derivatives works of the software, including any improvement or development thereof. The software includes certain third-party software as set forth in the documentation, and may be used only in accordance with the licenses set forth which prevail over the terms of this agreement with respect to such third-party software. With respect to the software, third-party components are integrated by Protoria Studios for on behalf of the customer in accordance to this agreement. Therefore any third-party software delivered to the customer pursuant of this agreement, including any third party plugin that may be provided with the software, is included for use at the customer's option, solely in according with the corresponding third party software licenses. Protoria Studios shall have no liability to customer's use of any third party software. Customer is granted a non-exclusive, non-transferable, non-assignable, restricted license during the term set forth in this agreement, to access, install, and use one production copy of the software in according with the relevant documentation for the customer's personal use only. Customer may not use the software for providing hosted services to the general public or any third-party entities. Customer acknowledges the software and documentation is proprietary to Protoria Studios and may not be distributed to any third parties.
CUSTOMER USE
This license is for personal use only. Customer shall not:
- Allow third parties or develop methods for third parties to use the software
- Sell, rent, lease, use collectively, license, sublicense, distribute, transfer, or exploit any of the software or its parts
- Decompile, disassemble, obtain source code, or reverse engineer the software, in whole or in part
- Make copies, execute, publish, reproduce, or develop derivative works or derivative software
- Make available, reveal, disclose, offer, or allow the use of software by third parties
- Reject, avoid, elude, remove, deactivate, or evade, in any way, any protection mechanism of the software
- Delete, remove, hide, move, or alter any logos, icons, images, or game assets that represent the Protoria Studios or Skyfear name
- Create any derivation of any logos, icons, images, or game assets that are likely to be confused with the Protoria Studios or Skyfear name
- Share, distribute, access, install, or develop software intended to provide an unfair in-game advantage to any customers
- Commit or support any in-game activities that unfairly and negatively impact customers' enjoyment of the game or ability to make progress
DAMAGES
Protoria Studios does not warrant that the operating of the software or supporting services will be fail safe, uninterrupted, error free, or protected against all possible threats. In no event shall Protoria Studios be liable to customer or any third parties under this agreement for any indirect, incidental, punitive, or consequential damages, costs, losses, or expense including but not limited to interruption of use, loss of data, loss of goodwill, damage to networks, equipment, or hardware. Limitation of liability is based on the fact that end users use computers for a variety of purposes. Accordingly, only the customer can implement safeguards and back-up plans appropriate to customer's needs.
DEVELOPMENT
Additional development of software may not be granted upon request by any customer, third-party, business, government, or other entity, for any reason. Protoria Studios exclusively owns the right to additional development of the software and the right to decide how and when to do so, including the cease of development and support of the software.
CONFIDENTIAL INFORMATION
Customer acknowledges and agrees that the software incorporates confidential and proprietary information developed or acquired by Protoria Studios including, but not limited to, technical and non-technical data, formulas, patterns, devices, methods, techniques, drawings, and processes related to the software, which constitutes the valuable intellectual property of Protoria Studios and its suppliers. Each party will comply with all laws and regulations that apply to use, transmission, storage, disclosure, or destruction of confidential information. Customer acknowledges that the software may include a monitoring capability that sends anonymous statistics about performance, device utilization, and network, remotely to Protoria Studios. Any party receiving confidential information is granted to license or right to disclosing any party's confidential information of any intellectual property rights therein.
THIS AGREEMENT
Protoria Studios will not be held responsible for any failure, delay, or interruption caused by circumstances outside its control, such as a network failure, network connection failure, natural disaster, earthquake, flooding, strikes, embargoes, acts of terrorism, acts of government, climate change, pandemics, artificial intelligence, or solar system activity.
Protoria Studios reserves the right, at any time and from time to time, to revise, supplement, and otherwise modify this Agreement and to impose new or additional rules, policies, terms or conditions on the customer's use of the software. Such updates will be effective immediately. The customer waives any right to receive any specific notice of updates. The customer may not terminate this agreement. No failure of either party to exercise or enforce any of its rights under this agreement will act as a waiver of those rights. In the event of an acquisition of Protoria Studios and its intellectual property, software, and products, updates to this agreement are the responsibility of the new owners, though no updates are required.