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192 lines
8.9 KiB
192 lines
8.9 KiB
Experimental Gameplay Group, LLC
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End User License Agreement
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THIS END USER LICENSE AGREEMENT ("EULA") IS A BINDING LEGAL
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AGREEMENT BETWEEN EXPERIMENTAL GAMEPLAY GROUP, LLC, D/B/A
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TOMORROW CORPORATION ("EXPERIMENTAL GAMEPLAY GROUP "), AND
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YOU AND, IF APPLICABLE, THE COMPANY OR OTHER LEGAL ENTITY
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YOU REPRESENT (COLLECTIVELY, "YOU" AND "YOUR") REGARDING
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THE GAME SOFTWARE THAT YOU ARE INSTALLING, INCLUDING ANY
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ACCOMPANYING MANUAL OR OTHER RELATED MATERIAL PROVIDED BY
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EXPERIMENTAL GAMEPLAY GROUP AS PART OF, OR IN CONNECTION,
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THEREWITH (COLLECTIVELY, THE "GAME").
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BY INDICATING YOUR AGREEMENT BELOW, OR BY OTHERWISE
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CONTINUING TO INSTALL, DOWNLOAD, COPY, ACCESS OR USE THE
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GAME, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE TO BE
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BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE, YOU
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MUST SELECT THE "CANCEL" BUTTON AND YOU MAY NOT CONTINUE TO
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INSTALL, DOWNLOAD, COPY, ACCESS OR USE THE GAME.
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1. LICENSE GRANT AND RESTRICTIONS.
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1.1 License Grant. Experimental Gameplay Group
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hereby grants to you a non-exclusive license to use a
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single copy of the object code version of the Game for your
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personal, non-commercial home entertainment use on one
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personal computer or other compatible electronic device.
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You may sell or transfer your copy of the Game to another
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person along with, and subject to, your rights under this
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EULA, only if you do not retain any copies.
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1.2 Restrictions. You may not (i) decompile,
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disassemble or reverse engineer the Game or otherwise
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attempt to gain access to its source code, except to the
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extent that such restrictions are expressly prohibited by
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law; (ii) copy, offer for public display or create
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derivative works thereof, except to the extent that such
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restrictions are expressly prohibited by law; (iii) rent,
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lease, loan, sublicense or distribute the Game, or offer it
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on a pay-per-play, coin-op or other for charge (or free)
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basis; (iv) use the Game to infringe the copyrights or
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other intellectual property rights of others in any way;
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(v) modify or delete the copyright and other proprietary
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rights notices on or in the Game.
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1.3 Additional Restrictions for Trial Versions.
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If the Game was provided to you for trial use for a limited
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period of time and/or number of uses, you agree not to use
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the Game beyond the expiration or termination of the trial
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period. You acknowledge and agree that the Game may
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include code designed to prevent you from exceeding these
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limits, and that such code may remain on your computer or
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device after deletion of the Game to prevent you from
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installing another copy of the Game and repeating the trial.
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1.4 Game Specific Terms and Conditions. For
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additional terms and conditions that may apply to the Game,
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such as third-party copyright notices and license
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information, please review the Readme file included with
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the Game. The ReadMe file for the Game is hereby
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incorporated into this EULA by this reference.
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2. TERMINATION. This EULA is effective until
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terminated. You may terminate this EULA at any time by
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uninstalling the Game and destroying all copies of the Game
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in your possession or control. Experimental Gameplay Group
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may terminate this EULA immediately upon notice to you if
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you breach any of its terms or conditions. Upon
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termination of this EULA, you agree to immediately
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uninstall the Game and destroy all copies of the Game.
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3. GAME OWNERSHIP. The Game is the copyrighted
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proprietary material of Experimental Gameplay Group and/or
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its third-party licensors and is subject to copyright
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protection under U.S. copyright law and international
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copyright treaties, as well as other intellectual property
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laws and treaties. Experimental Gameplay Group and/or its
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third-party licensors retain all right, title, and interest
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in the Game (and any copies thereof) and specifically
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reserve all rights not expressly granted under this EULA.
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4. LIMITED WARRANTIES BY EXPERIMENTAL GAMEPLAY GROUP.
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4.1 Limited Warranty. EXPERIMENTAL GAMEPLAY
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GROUP WARRANTS TO YOU, THE ORIGINAL PURCHASER OF THE GAME,
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THAT THE GAME WILL BE FREE FROM DEFECTS IN MATERIALS AND
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WORKMANSHIP FOR A PERIOD OF NINETY (90) DAYS FROM THE DATE
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OF PURCHASE (THE "WARRANTY PERIOD"). THIS LIMITED WARRANTY
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IS VOID IF THE GAME HAS BEEN SUBJECT TO MISUSE, DAMAGE OR
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IF YOU HAVE VIOLATED THIS EULA. TO THE MAXIMUM EXTENT
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PERMITTED BY APPLICABLE LAW, ALL OTHER WARRANTIES, EXPRESS
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OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF
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MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE,
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AND NON-INFRINGEMENT, OR WARRANTIES THAT THE GAME WILL BE
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ERROR-FREE, SECURE OR VIRUS-FREE, ARE HEREBY EXPRESSLY
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DISCLAIMED.
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4.2 Additional Warranty for Retail Product. IF
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YOU PURCHASED THE GAME ON A DISC OR OTHER RECORDING MEDIUM,
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THEN YOU MUST MAKE ANY WARRANTY CLAIM TO THE RETAILER FROM
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WHICH YOU PURCHASED THE GAME BY PROVIDING A COPY OF YOUR
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ORIGINAL SALES RECEIPT AND ANY OTHER DETAILS REQUIRED BY
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THE RETAILER. THE RETAILER, AT ITS OPTION, MAY REFUND YOUR
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PURCHASE PRICE, REPAIR OR REPLACE THE DISC OR OTHER MEDIA
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CONTAINING THE GAME. ANY REPLACEMENT WILL BE WARRANTED FOR
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THE REMAINDER OF THE ORIGINAL WARRANTY PERIOD OR THIRTY
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(30) DAYS, WHICHEVER IS LONGER. YOUR EXCLUSIVE REMEDY, AND
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THE ENTIRE LIABILITY OF EXPERIMENTAL GAMEPLAY GROUP, ITS
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AFFILIATES, LICENSORS AND SUPPLIERS (COLLECTIVELY, "THE
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EXPERIMENTAL GAMEPLAY GROUP PARTIES"), FOR BREACH OF THIS
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WARRANTY, SHALL BE THE REFUND, REPAIR OR REPLACEMENT
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DESCRIBED ABOVE.
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5. LIMITATION OF LIABILITY. NO PROVISIONS OF THIS EULA
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SHALL APPLY TO LIMIT LIABILITY ARISING FROM DEATH OR
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PERSONAL INJURY CAUSED BY NEGLIGENCE OR FOR FRAUD.
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OTHERWISE, IN NO EVENT WILL THE EXPERIMENTAL GAMEPLAY GROUP
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PARTIES' TOTAL AGGREGATE LIABILITY TO YOU FOR DIRECT
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DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR
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RELATING TO THIS EULA AND/OR YOUR USE OF THE GAME EXCEED
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THE AMOUNT PAID BY YOU FOR THE GAME. IN NO EVENT WILL THE
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EXPERIMENTAL GAMEPLAY GROUP PARTIES BE LIABLE FOR ANY
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INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR ANY OTHER
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TYPE OF DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES
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RELATING TO LOST PROFITS, LOSS OF DATA, PRIVACY, NEGLIGENCE
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OR OTHER DUTY OF CARE), EVEN IF ONE OR MORE OF THE
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EXPERIMENTAL GAMEPLAY GROUP PARTIES HAS BEEN ADVISED OF THE
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POSSIBILITY OF SUCH DAMAGES.
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6. BASIS OF THE BARGAIN; EXCLUSIONS. The disclaimers of
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warranties and limitations of liability set forth above are
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fundamental elements of the basis of the agreement between
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you and Experimental Gameplay Group. You understand and
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agree that Experimental Gameplay Group would not be able to
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economically or reasonably provide the Game to you without
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these limitations. HOWEVER, SOME JURISDICTIONS DO NOT ALLOW
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THE EXCLUSION OF IMPLIED WARRANTIES AND/OR THE LIMITATION
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OF INDIRECT DAMAGES AS SET FORTH IN SECTIONS 4 AND 5 ABOVE,
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SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO
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YOU.
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7. INDEMNIFICATION. You agree to indemnify, defend and
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hold harmless the Experimental Gameplay Group Parties,
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including their respective employees, officers, directors
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and personnel from any claims, losses, damages,
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liabilities, including attorneys' fees, arising out of your
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violation of this EULA and/or your use or misuse of the
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Game.
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8. EXPORT CONTROL. The Game originates in the United
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States and is subject to United States export laws and
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regulations. You may not export or re-export, in whole or
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in part, the Game to certain countries, persons or entities
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prohibited from receiving exports from the United States.
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Additionally, the Game may be subject to the import and
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export laws of other countries, and you agree that you will
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comply with any such foreign import and export laws, as
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applicable.
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9. MISCELLANEOUS. You agree to comply with all United
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States and foreign laws related to your use of the Game.
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This is the entire agreement between you and Experimental
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Gameplay Group relating to the subject matter herein and
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replaces any and all previous representations, agreements,
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understandings or communications, whether written or oral.
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If a court of competent jurisdiction declares any provision
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of this EULA to be void or unenforceable, then such
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provision will be interpreted, construed or reformed to the
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extent reasonably required to render it valid, enforceable
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and consistent with the original intent underlying such
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provision, and such invalidity or unenforceability will not
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affect any other provision of this EULA. The English
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language version of this EULA will control its
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interpretation.
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10. GOVERNING LAW AND VENUE.
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This EULA will be governed by and construed in accordance
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with the laws of the State of California, USA, excluding
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its conflicts of law rules and specifically excluding the
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United Nations Convention on Contracts for the
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International Sale of Goods. Venue for any action
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hereunder shall lie exclusively in the state and federal
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courts located in San Francisco County, California USA and
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you hereby consent and submit to the personal jurisdiction
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of such courts.
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11. NOTICES; HOW TO CONTACT Experimental Gameplay Group.
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The Game is made available to you by Experimental Gameplay
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Group, LLC. Experimental Gameplay Group may be contacted
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via its website (http://tomorrowcorporation.com).
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