END-USEAR LICENSE AGREEMENT
IMPORTANT: PLEASE READ THIS DOCUMENT IN ITS ENTIRETY
This End-User License Agreement (hereinafter, ” Agreement”) creates a legally binding Agreement between you, as an end user of our services (hereinafter, “End User”), and the following company: Frog Invasion Games (hereinafter, “Company”). You will be referred to through second-person pronoun such as “your” and “yours.” We, the Company, will be referred to with pronouns such as “us, “our,” and “ours.” Collectively, you and the Company may be referred to as the ” Parties” and individually as “Party.”
This license governs the use of all our software products (hereinafter, “Software”), specifically:
Street’s Disciple Steam Unreal Video Game
By accessing, downloading, installing, or otherwise using our Software in any way, you agree to be bound by this Agreement in its entirety. If you do not agree, you must cease use of the Software immediately.
SOFTWARE LICENSE: When you lawfully access the Software, whether through purchase or other lawful means, we grant you, subject to all the terms and conditions of this Agreement, a non-exclusive, non-transferable, limited, revocable personal license to use the Software (“License”). This License extends to use of documentation, dada, or information developed by the Company, and other materials which may assist in your use of the Software. This License may not be transferred to any third parties without express, lawful, written permission from the Company and this License terminates upon your cessation of use of the Software.
This License shall be applicable to all lawful End Users of the Software, unless a separate written agreement has been executed between you and the Company.
LICENSE: The License is provided at no additional cost in conjunction with the free nature of the Software. No fees are collected from End Users.
INTELLECTUAL PROPERTY: You agree that the Software, Company website and all services provided by the Company are the property of the Company, including all copyrights, trademarks, trade secrets, patents, and other intellectual property (“Company IP”). You agree that the Company owns all right, title and interest in and to the Company IP and that you will not use the Company IP for any unlawful or infringing purpose. You agree not to reproduce or distribute the Company IP in any way, including electronically or via registration of any new trademarks, trade names, service marks or Uniform Resource Locators (URLs), without express written permission from the Company.
ACCEPTABLE USE: You agree not to use the Software for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Software in any other way that could damage the Company website, services, or general business of the Company.
You further agree not to use the Software:
I) To harass, abuse, or threaten others or otherwise violate any person’s legal right;
II) To violate any intellectual property right of the Company or any third party;
III) To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
IV) To perpetrate any fraud;
V) To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
VI) To publish or distribute any obscene or defamatory material;
VII) To publish or distribute any material that incites violence, hate, or discrimination towards any group;
VIII) To unlawfully gather information about others
REVERSE ENGINEERING & SECURITY: You Agree not to undertake any other the following actions:
a) Reverse engineer, or attempt to reverse engineer or disassemble the Software or any code within or related to the Software or the Company website;
b) Violate the security of the Software through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network;
c) Copy or otherwise distribute copies of the Software unlawfully, such as through peer-to-peer network or other intellectual property circumvention tool.
MAINTNANCE: This License includes Software maintenance and support. Please contact the Company for assistance.
INDEMNIFICATION: You agree to defend and indemnify the Company and any of its affiliates (if applicable) and hold us harmless against any and all legal claims and demand including reasonable attorney’s fees, which may arise from or relate to your use or misuse of the Software, your breach of this Agreement, or your conduct or action. You agree that the Company shall be able to select its own legal counsel and may participate in its own defense, if the Company wishes.
SPAM POLICY: You are strictly prohibited from the Software or any of the Company’s service for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial email.
LIMTATION ON LIABILITY: The Company is not liable for any damages that may occur to you as a result of your use of the Software, to the fullest extent permitted by law. The maximum liability of the Company arising from or relating to this agreement is limited to the greater of one hundred ($100) US Dollars or the amount you paid to the Company in the last six (6) months. This section applies to any and all claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, stick liability, fraud, or torts of any kind.
DISPUTE RESOLUTIONS & GOVERNING LAW: All disputes will be resolved as provided for in the Terms & Conditions or Terms of Service. Should Company not have a live version of any Terms document or any other provisions in any user-facing document covering dispute resolution and governing law, the laws of Michigan shall govern any matter or dispute relating to or arising from this EULA or the Company’s relationship with End User.
ASSIGNMENT: This agreement, or the rights granted hereunder, may not be assigned, sold, leased or otherwise transferred in whole or part by you. Should this Agreement, or the rights granted hereunder, by assigned, sold, leased or otherwise transferred by the Company, the rights and liabilities of the Company will bind and inure to any assignees, administrators, successors, and executors.
HEADINGS FOR CONVENIENCE ONLY: Headings of parts and sub-parts under this Agreement are for convenience and organization, only. Headings shall not affect the meaning of any provisions of this Agreement.
NO AGENCY, PARTNERSHIP OR JOINT VENTURE: No agency, partnership, or joint venture has been created between the Parties as a result of this Agreement. No Party has any authority to bind the other to third parties.
FORCE MAJEURE: The Company is not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of miltary authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.
ELECTRONIC COMMENUCATIONS PERMITED: Electronic communications are permitted to both Parties under this Agreement, including e-mail or fax. For any questions or concerns, please email us at the following address: firstname.lastname@example.org.