299 lines
17 KiB
Text
299 lines
17 KiB
Text
On the Rain-Slick Precipice of Darkness, Episode One
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End User License Agreement (EULA)
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YOU SHOULD CAREFULLY READ THE FOLLOWING END USER LICENSE AGREEMENT
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BEFORE USING THIS SOFTWARE PROGRAM. BY USING THIS SOFTWARE PROGRAM, YOU
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AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. *IF YOU DO NOT AGREE
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TO THE TERMS OF THIS AGREEMENT, CLICK "QUIT" AND CEASE ALL USE OF THIS
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SOFTWARE.*
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This software program, including any electronic documentation
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(collectively, the "Program"), any printed materials, and any and all
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copies of such Program and materials are the copyrighted work of Hothead
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Games, Inc. ("Hothead") and/or its affiliates or subsidiaries, and/or
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its suppliers or licensors. All rights are reserved, except as expressly
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stated below. Your use of the Program is governed by the terms of this
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End User License Agreement (the "License Agreement"). The Program is
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solely for use by end users according to the terms of the License
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Agreement. Any use, reproduction or redistribution of the Program not in
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accordance with the terms of the License Agreement is expressly
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prohibited.
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1. *Thank You.* /We, Hothead, would first like to thank you for
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licensing the Program. We know you probably don't care much for
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reading through EULAs, but our lawyers want to make sure we keep
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control and ownership of the stuff we and our licensors have spent
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so much time, effort and energy developing. In order to keep
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developing cool stuff that we hope provides you hours and hours of
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entertainment and fun, we have to make sure you understand and agree
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that you are just buying the right to use the Program and that there
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are certain limits to your rights to use the Program. What follows
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is what you need to agree to before you can use the Program./
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2. *Limited Use License.* /Like we mentioned above, you are buying the
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right to use the Program, not the rights to the Program itself./
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Hothead hereby grants, and by using the Program you thereby accept,
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a limited, non-exclusive license and right to install and/or use the
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Program on your personal computers belonging or primarily used by
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you (for example, on your home computer(s) and a laptop) with the
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express understanding that the Program is licensed, not sold, and
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that your license confers no title or ownership of the Program. If
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you wish to use the Program on more computers than the program
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automatically allows, Hothead's customer support may (in its sole
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discretion) increase the number of computers on which the Program
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may be used on a case by case basis. /If you need to increase any
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limits the game places on the number of installs you can use, simply
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contact us and we'll be happy to adjust the settings on your license
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code to make this happen./ This license is not a sale of the
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original software program (which means that the fee you paid gives
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you the right only to use the Program). To avoid any
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misunderstandings, the license granted hereunder is for one
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individual person and the Program will be deemed in "use" on a
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computer when it is loaded onto temporary memory (i.e., RAM) or
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installed into the permanent memory (e.g., hard disk, CD-ROM or
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other storage device) of a computer. Installation of the Program on
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a network server is strictly prohibited. Nothing in this Agreement
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shall be construed as granting any right to use the Program on a
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computer that is not owned or primarily used by you.
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3. *Intellectual Property Ownership.* /In order to keep making cool
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games in the future, we need to make sure that you understand who
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owns the intellectual property rights to the Program./ All title,
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ownership rights and intellectual property rights in and to the
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Program and any and all copies thereof (including but not limited to
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all copyrights, trademarks, trade secrets, trade names, proprietary
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rights, patents, titles, computer code, themes, objects, characters,
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character names, stories, dialog, catch phrases, locations,
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concepts, artwork, animations, sounds, musical compositions,
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audio-visual effects, methods of operation, moral rights, any
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related documentation, and "applets" incorporated into the Program)
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are owned by Hothead or its licensors. The Program is protected by
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the copyright laws of Canada, the United States, international
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copyright treaties and conventions and other laws. All rights are
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reserved. The Program contains certain licensed materials and
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Hothead's licensors may protect their rights in the event of any
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violation of this Agreement. The Program may not be copied or
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reproduced in any manner or medium, in whole or in part, without
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prior written consent from Hothead.
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4. *Responsibilities of End User.* /We've mentioned this before, but it
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probably won't hurt to be a bit more detailed about what you're
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agreeing to by licensing the Program. We want you to be able to
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enjoy the games we make to the maximum extent possible, but our
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lawyers tell us we have to set some rules about what you can and
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can't do to keep from getting us in trouble (and to allow us to stay
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in business and keep making cool new games). So by licensing the
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Program you agree to the following:/
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1. Subject to the license grant above, you may not, in whole or in
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part, copy, photocopy, reproduce, translate, reverse engineer,
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derive source code, modify, disassemble, decompile, modify or
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create derivative works based on the Program or any part
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thereof, or remove any proprietary notices or labels on the
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Program without the prior written consent of Hothead. You may
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not work around any technical limitations in the Program.
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2. The Program is licensed to you as a single product. Its
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component parts may not be separated for use on more than one
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computer.
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3. You are entitled to use the Program for your personal use, but
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you are not entitled to sell, grant a security interest in or
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transfer reproductions of the Program or otherwise distribute
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copies of the Program to other parties in any way, nor to rent,
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lease or license the Program to others without the prior written
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consent of Hothead.
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4. You are expressly prohibited from selling or otherwise profiting
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from any levels, add-on packs, sequels or other items based upon
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or related to the Program or created by use of any part of the
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Program. If you create levels, add-on packs, sequels or other
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items to the Program, including the construction of new levels
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(collectively, the "Modifications"), you are subject to the
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following restrictions:
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1. Modifications are considered separate from the Program in
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the sense that they are not guaranteed or supported by
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Hothead. However, by creating a Modification you shall be
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deemed to have assigned in favour of Hothead all copyrights
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and intellectual property rights to the Modifications;
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2. your Modifications must require a full, licensed copy of the
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Program to run;
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3. your Modifications must not contain any libellous,
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defamatory or other illegal material, material that is
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scandalous or invades the rights of privacy or publicity of
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any third party, or contain any trademarks,
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copyright-protected work or other property of third parties;
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4. your Modifications must be distributed solely for free.
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Neither you nor any other person or party may sell them to
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anyone, commercially exploit them in any way, or charge
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anyone for using them without a license from Hothead.
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5. The prohibitions and restrictions in this Section apply to
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anyone in possession of the Program or any of your
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Modifications. For greater certainty, notwithstanding anything
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to the contrary in this Agreement, you are not permitted to
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reverse engineer, decompile or disassemble the Program in any
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way. Any copying of the Program not specifically allowed in this
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Agreement is a violation of this Agreement.
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5. *Compliance with Ratings.* /To keep the politicians from carrying
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through on their threats to decide what video games you should and
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shouldn't be able to play (and what developers can and can't
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create), we need to make sure you understand the rating given to the
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Program is important and that you agree to use the Program in
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accordance with its rating./ The Program may consist of a video game
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that has been rated by one or more ratings boards (a "Rating
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Board"). By using the Program you expressly represent, warrant and
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agree that:
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1. you are aware of the rating (the "Rating") issued to the Program
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by the applicable Rating Board in the jurisdiction in which you
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reside or will otherwise be using the Program;
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2. you are of an appropriate age to use the Program in accordance
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with the Rating issued in such jurisdiction;
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3. you will not permit use of the Program by those under the age
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set out in the Rating in the jurisdiction in which you reside or
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will otherwise be using or permitting use of the Program.
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YOU AGREE TO INDEMNIFY AND HOLD HARMLESS HOTHEAD FROM AND AGAINST
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ANY CAUSE OF ACTION, ACTION, SUIT, PROCEEDING AGAINST OR DAMAGES OR
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OTHER LIABILITY SUFFERED BY HOTHEAD IN CONNECTION WITH YOUR BREACH
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OF THIS SECTION 5.
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6. *No Transfer.* /What is this "transfer", you ask? It means that once
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you accept, you can't sell or give the game to someone else./ You
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may not transfer or assign this Agreement or any of your rights or
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obligations under this Agreement.
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7. *Termination.* /We hope this section never has to come into play (or
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section 12 for that matter), as that means you are doing something
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you shouldn't be under the terms of this Agreement (which would suck
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for both of us, but more for you as it means we have to get our
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lawyers involved)./ This Agreement is effective until the earlier of
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(i) termination of this License Agreement by you or Hothead or (ii)
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termination of this Agreement in the event you fail to comply with
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any term contained herein, in which event this Agreement shall be
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deemed to terminate automatically. You may terminate this Agreement
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at any time by destroying all copies of the Program in your
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possession. Hothead may, at its discretion, terminate this License
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at any time upon notifying you of such termination (including by way
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of public notice to all licensees of the Program). In such event
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/(or if you are bad and are not complying with the terms of this
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agreement)/, you must immediately destroy all copies of the Program
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in your possession. Any license agreement to which you may have
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previously agreed that governs your use of prior versions of the
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Program is hereby terminated and is replaced by this agreement. The
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provisions of Sections 3, 7, and 10-13 will survive any termination
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of this Agreement.
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8. *Updates; New Versions.* /We can't support all versions forever but
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we will do our best to support the latest version that we have made
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available./ Hothead may, in its sole discretion, provide updates or
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new versions of the Program in the future. Hothead may provide such
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updates or future versions subject to a separate license, which may
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by its terms terminate this license pursuant to Section 7. Hothead
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shall have no obligation to provide support or updates for the
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Program.
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9. *Export Controls.* /Don't be a criminal . . . I mean, what else can
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we say here?/ You agree to comply with all applicable laws,
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regulations, rulings and executive orders of any governmental
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authority relating to the exportation or importation of the Program,
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including but not limited to the export and destination control
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regulations for Canadian goods.
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10. *No Warranties.* /We have no idea what you have already on your
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computer and what state or health your computer is in. The entire
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risk arising out of use or performance of the Program remains with
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you./ THE PROGRAM IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND,
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EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE
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IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
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PURPOSE, OR NONINFRINGEMENT. ANY WARRANTY AGAINST INFRINGEMENT THAT
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MAY BE PROVIDED IN SECTION 2-312(3) OF THE UNIFORM COMMERCIAL CODE
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IN THE UNITED STATES AND/OR IN ANY OTHER COMPARABLE STATE,
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PROVINCIAL OR FEDERAL STATUTE IS EXPRESSLY DISCLAIMED. Some
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jurisdictions do not allow the exclusion or limitation of implied
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warranties, so the above limitations may not apply to you to that
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extent.
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11. *Limitation of Liability.* HOTHEAD SHALL NOT BE LIABLE TO YOU, OR TO
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ANY PERSON ACCESSING GAMEPLAY AS A RESULT OF THE LICENSE GRANTED TO
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YOU, IN ANY WAY FOR LOSS OR DAMAGE OF ANY KIND RESULTING FROM YOUR
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USE OF THE PROGRAM, INCLUDING, BUT NOT LIMITED TO, LOSS OF GOODWILL,
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WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER
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COMMERCIAL DAMAGES OR LOSSES ARISING OUT OF THE USE OF OR INABILITY
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TO USE THE PROGRAM, EVEN IF HOTHEAD HAS BEEN ADVISED OF THE
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POSSIBILITY OF SUCH DAMAGES. FURTHER, HOTHEAD SHALL NOT BE LIABLE IN
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ANY WAY FOR THE LOSS OR DAMAGE TO ANY PLAYER CHARACTERS, ACCOUNTS,
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STATISTICS OR USER PROFILE INFORMATION. YOU UNDERSTAND AND
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ACKNOWLEDGE THAT HOTHEAD CANNOT AND WILL NOT BE RESPONSIBLE FOR ANY
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INTERRUPTIONS OF ONLINE GAMEPLAY, INCLUDING, BUT NOT LIMITED TO ISP
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DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES OR ANY OTHER EVENT WHICH
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MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF ONLINE GAMEPLAY. Some
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jurisdictions do not allow the exclusion or limitation of incidental
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or consequential damages, so the above limitations may not apply to
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that extent. In no event shall our total liability to you for any
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and all damages, losses and causes of action (whether in tort,
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contract or otherwise) exceed the amount paid by you for the
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Program.
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12. *Equitable Remedies.* /We need to make sure we can put a quick stop
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to anyone doing something they shouldn't be under this agreement./
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You hereby agree that Hothead would be irreparably damaged if the
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terms of this Agreement were not specifically enforced, and
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therefore you agree that Hothead shall be entitled, without bond,
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other security, or proof of damages, to appropriate equitable
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remedies with respect to breaches of this Agreement, in addition to
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such other remedies as Hothead may otherwise have available to it
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under applicable laws. In the event any litigation is brought by
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either party in connection with this Agreement, the prevailing party
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in such litigation shall be entitled to recover from the other party
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all the costs, attorneys' fees and other expenses incurred by such
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prevailing party in the litigation.
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13. *Miscellaneous*
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1. This Agreement shall be deemed to have been made and executed in
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the Province of British Columbia, Canada and any dispute arising
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hereunder shall be resolved in accordance with the law of
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British Columbia. You agree that any claim asserted in any legal
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proceeding by you against Hothead or its licensors shall be
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commenced and maintained in a court located in Vancouver,
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British Columbia having subject matter jurisdiction with respect
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to the dispute between the parties.
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2. Hothead reserves the right, at its sole discretion, to change,
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modify, add to, supplement or delete any of the terms and
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conditions of this Agreement, effective upon prior notice as
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follows: Hothead will post notification of any such changes to
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this Agreement on the its website, and may provide such other
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notice as Hothead may elect in its sole discretion.
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3. In the event that any provision of this Agreement shall be held
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by a court or other tribunal of competent jurisdiction to be
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unenforceable, such provision will be enforced to the maximum
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extent permissible and the remaining portions of this Agreement
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shall remain in full force and effect.
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4. This Agreement constitutes and contains the entire agreement
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between the parties with respect to the subject matter hereof
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and supersedes any prior oral or written agreements.
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You hereby acknowledge that you have read and understand the
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foregoing terms of this Agreement and agree that the act of using
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the Program is an acknowledgment of your agreement to be bound by
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the terms and conditions of this Agreement. You also acknowledge and
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agree that this Agreement is the complete and exclusive statement of
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the agreement between Hothead and you with regard to the subject
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matter hereof and that this Agreement supersedes any prior or
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contemporaneous agreement, either oral or written, and any other
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communications between Hothead and you regarding the subject matter
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hereof.
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/That's it! Not so bad, right? Thanks for supporting us and reading all
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the way to the end./
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