Bob Bates LLC. End User Licence Agreement
Please read this End-User License Agreement (“Agreement”) carefully before clicking the “I Agree” button, downloading or using Thaumistry: In Charm’s Way (“Software”).
By clicking the “I Agree” button, downloading or using the Software, you are agreeing to be bound by the terms and conditions of this Agreement.
If you do not agree to the terms of this Agreement, do not click on the “I Agree” button and do not download or use the Software.
Last updated August 24, 2017
LIMITED SOFTWARE WARRANTY AND LICENSE AGREEMENT
This limited software warranty and license agreement (“Agreement”) may be periodically updated. The current version will be posted at www.bobbatesllc.com/eula (the “Website”). Your continued use of the Software after a revised Agreement has been posted constitutes your acceptance of these terms.
This is a legal agreement between you and Bobbates LLC. Please review this Agreement carefully before installing, accessing or utilizing the Software and please inquire about anything you do not understand. If you are not eighteen (18) years of age, have your parents review this Agreement. By installing, copying and/or otherwise using the Software you are signifying your acknowledgement, acceptance and agreement to this Agreement.
Subject to this Agreement and its terms and conditions, Licensor hereby grants you a nonexclusive, non-transferable, limited, and revocable right and license to use one copy of the Software for your personal, non-commercial use for gameplay on a single device (e.g., computer, mobile device, gaming console, handheld device, or PDA) at a time. Your license rights are subject to your compliance with this Agreement. The term of your license under this Agreement shall commence on the date that you install or otherwise use the Software and ends on the earlier date of either your disposal of the Software or the termination of this Agreement (see below).
This Software is licensed, not sold, to you, and you hereby acknowledge that no title or ownership in the Software is being transferred or assigned and this Agreement should not be construed as a sale of any rights in the Software. Licensor retains all right, title and interest to the Software, including, but not limited to, all copyrights, trademarks, intellectual properties, trade secrets, trade names, proprietary rights, patents, titles, computer code, audiovisual effects, themes, objects, characters, character names, stories, dialog, catch phrases, concepts, settings, artwork, images, sound effects, musical works, patches, updates, copies, derivative works, and moral rights. The Software is protected by U.S. copyright and trademark law and applicable laws and treaties throughout the world. The Software may not be copied, reproduced, or distributed in any manner or medium, in whole or in part, without prior written consent from Licensor. Any persons copying, reproducing, or distributing all or any portion of the Software in any manner or medium will be willfully violating the copyright laws and may be subject to civil and criminal penalties in the U.S. or their local country. U.S. copyright violations are subject to statutory penalties of up to $150,000 per violation, with the infringer paying for all attorneys fees and court costs. Willful copyright infringement can also result in criminal penalties, including imprisonment of up to five years and fines of up to $250,000 per offense. The Software contains certain licensed materials and Licensor’s licensors may also protect their rights in the event of any violation of this Agreement. All rights not expressly granted under this Agreement are reserved by Licensor and, as applicable, its licensors.
2. NO SALE OR ASSIGNMENT
You may not give, purchase, sell, bargain, barter, market, trade, offer for sale, sell, license, assign or otherwise divest your rights, responsibilities or obligations under the Agreement, either in whole or in part, without the prior written consent of Bobbates LLC. Any attempt to do so shall be void and of no effect.
3. LICENSE CONDITIONS
You agree not to:
- a) commercially exploit the Software, including, but not limited to, at a cyber (internet) café, computer gaming center or any other location-based site;
- b) use the Software or permit the use of the Software, on more than one computer game console, mobile device, handheld device or PDA at the same time;
- c) use the Software, or permit use of the Software, or make the Software available for use in a network, multi-user arrangement, remote access arrangement, including where it could be downloaded by multiple users;
- d) sell, rent, lease, license, distribute or otherwise transfer this Software or any copies;
- e) reverse engineer, derive source code, modify, decompile, disassemble, copy, or create derivative works of the Software, in whole or in part (except as the applicable law expressly permits, in which case all and any modifications, adaptations, copies, improvements, etc. shall belong to, vest in and be the exclusive property of Bobbates LLC and/or its licensors on creation, in any event);
- f) remove, disable or circumvent any security protections, proprietary notices or labels contained on or within the Software;
- g) create data or executable programs which mimic data or functionality in the Software; or
- h) transport, export, or re-export (directly or indirectly) into any country forbidden to receive the Software by any U.S. export laws or regulations or U.S. economic sanctions or otherwise violate any laws or regulations, or the laws of the country in which the Software was obtained, which may be amended from time to time.
4. INFORMATION COLLECTION AND USAGE
5. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
To the fullest extent permissible under applicable law, you expressly agree that the use of the Software is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you. To the maximum extent permitted by applicable law, all materials and Software are provided on an “as is” and “as available” basis with all faults and without warranty of any kind, and Bobbates LLC hereby disclaims all warranties and conditions with respect to the Software, either express or implied, including, but not limited to, the implied warranties of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement of third party rights. Without limiting the foregoing, Bobbates LLC makes no warranty that (a) the Software will meet your requirements, (b) the Software will be uninterrupted, timely, secure, or error-free, (c) the Software will be interoperable or compatible with other software or (d) the results that may be obtained from the use of the Software will be effective, accurate or reliable. No oral or written information or advice given by Bobbates LLC or its authorized representative(s) shall create a warranty. At some point in the future the Software may go out of date, and Bobbates LLC makes no commitment to update such Software. The disclaimers of liability contained in this section apply to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of the Software, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. The use of the Software or the downloading or other acquisition of any materials through or in connection with the Software is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer or mobile device system or loss of data that results from such activities.
Bobbates LLC makes no representations about the suitability of the information contained in the Software, information and/or related graphics published as part of the Software for any purpose. The Software, information and related graphics published as part of the Software may include technical inaccuracies or typographical errors. You understand and agree that temporary interruptions of the Software may occur as normal events. You further understand and agree that Bobbates LLC has no control over third party networks you may access in the course of the use of the Software, and therefore, delays and disruption of other network transmissions are completely beyond the control of Bobbates LLC. YOU ACKOWLEDGE AND AGREE THAT YOUR EXCLUSIVE REMEDY FOR ANY DISPUTE WITH BOBBATES LLC IS TO STOP USING THE SOFTWARE. In no case shall any liability of Bobbates LLC to you exceed the amount that you paid to Bobbates LLC or its affiliates and/or designees for the applicable Software giving rise to any such liability. In no event shall Bobbates LLC or its affiliates be liable to you or any third party for any special, punitive, incidental, indirect or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of use, data or profits, whether or not Bobbates LLC has been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with the use of the Software, including damages to property, loss of goodwill, computer or mobile device failure or malfunction and, to the extent permitted by law, damages for personal injuries, even if Bobbates LLC has been advised of the possibility of such damages. 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 Bobbates LLC and its affiliates and designees shall be limited to the fullest extent permitted by law. Residents of California are entitled to the following specific consumer rights information: you may contact the Complaint Assistance Unit of the Division of Consumer Software of the Department of Consumer Affairs by mail at 400 R St., Suite 1080, Sacramento, California, 95814, or by telephone at 800-952-5210. California residents expressly agree to waive California civil code Sec 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
You agree to indemnify, defend, and hold Licensor, its partners, licensors, affiliates, contractors, officers, directors, employees, and agents harmless from all liabilities, claims, damages, losses, costs and expenses, including attorney’s fees, that arise directly or indirectly from (a) your acts and omissions to act in connection with the Software; (b) any violation of the Agreement by you; or (c) any allegation that any content that you make available via the Software infringes or otherwise violates the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party. Bobbates LLC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Bobbates LLC in asserting any available defenses.
7. INTERNATONAL USE
Although the Software may be accessible worldwide, Bobbates LLC makes no representation that the Software or related materials are appropriate or available for use in locations outside the United States, and accessing them from territories where the content is illegal is prohibited. Those who choose to access the Software from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Any offer and/or information made in connection with the Software is void where prohibited. Without limiting the foregoing, the Software may not be exported or re-exported (a) into (or to a national resident of) any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By accessing and using the Software, you represent and warrant that you are not located in, under control of, or a national resident of any such country or on any such list.
8. TERMINATION AND SURVIVABILITY OF TERMS
The Agreement set forth herein continues to remain in full force and effect until such time as terminated by either party. You agree and acknowledge that you are not entitled to any refund for any amounts which were paid to Bobbates LLC prior to any termination. You retain full discretion to end or terminate your account (if applicable) and to discontinue use of the Software at any time, pursuant to the terms of this Agreement. Without prejudice to any other rights of Bobbates LLC, this Agreement shall terminate automatically if you fail to comply with its terms and conditions. Upon termination, you must destroy all copies of the Software. The termination of this Agreement will not affect the rights of Bobbates LLC or your obligations arising under this Agreement.
9. EQUITABLE REMEDIES
You hereby agree that if the terms of this Agreement are not specifically enforced, Licensor will be irreparably damaged, and therefore you agree that Licensor shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to any of part of this Agreement, including temporary and permanent injunctive relief, in addition to any other available remedies.
This agreement represents the complete agreement between you and Bobbates LLC concerning the Software and supersedes all prior agreements and representations, warranties or understandings between you and Bobbates LLC (whether negligently or innocently made but excluding those made fraudulently), regarding the same subject matter. Bobbates LLC reserves the right to amend this Agreement at any time, at its sole discretion. If any part of the Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. No failure or delay by Bobbates LLC to exercise any provision of the Agreement or any right or remedy provided under this EULA or by law shall constitute a waiver of that or any other provision, right or remedy, nor shall it preclude or restrict the further exercise of that or any other provision, right or remedy. No single or partial exercise of such provision, right or remedy shall preclude or restrict the further exercise of that or any other provision, right or remedy.
Bobbates LLC may assign this Agreement, in whole or in part, at any time. Notwithstanding, you may not assign, transfer or sublicense any or all of your rights or obligations under the Agreement without the express prior written consent of Bobbates LLC. The performance by Bobbates LLC of the Agreement is subject to existing laws and legal process, and nothing contained in the Agreement is in derogation of the right of Bobbates LLC to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Software or information provided to or gathered by Bobbates LLC with respect to such use. In addition to any excuse provided by applicable law, Bobbates LLC shall be excused from liability for non-delivery or delay in delivery of the Software arising from any event beyond the reasonable control of Bobbates LLC, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, terrorism, fire, denial of service attack, internet outages, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond the reasonable control of Bobbates LLC, whether or not similar to those which are enumerated above. The parties agree that all correspondence relating to this Agreement shall be written in the English language.
The Software includes and/or uses open source software (“OSS”) and third party software (“TPS”). You agree to be bound by the license terms in respect of the OSS and TPS contained in the Software.
11. GOVERNING LAW
This agreement shall be construed (without regard to conflicts or choice of law principles) under the laws of the State of Virginia, as such law is applied to agreements between Virginia residents entered into and to be performed within Virginia, except as governed by federal law. Unless expressly waived by Licensor in writing for the particular instance or contrary to local law, the sole and exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the state and federal courts located in Licensor’s principal corporate place of business (Fairfax County, Virginia, USA). You and Licensor consent to the jurisdiction of such courts and agree that process may be served in the manner provided herein for giving of notices or otherwise as allowed by Virginia state or federal law. You and Licensor agree that the UN Convention on Contracts for the International Sale of Goods (Vienna, 1980) shall not apply to this Agreement or to any dispute or transaction arising out of this Agreement.
You may contact Bobbates LLC in writing at the following address:
4996 Lerch Drive
Shady Side, MD 20764
UNLESS OTHERWISE NOTED, THE COMPANIES, ORGANIZATIONS, PRODUCTS, PEOPLE AND EVENTS DEPICTED IN THE SOFTWARE ARE FICTITIOUS AND NO ASSOCIATION WITH ANY REAL COMPANY, ORGANIZATION, PRODUCT, PERSON OR EVENT IS INTENDED OR SHOULD BE INFERRED.
I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING END USER LICENSE AGREEMENT AND AGREE THAT MY USE OF THE SOFTWARE IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY THE END USER LICENSE AGREEMENT
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