END USER LICENSE AGREEMENT
Last Updated November 7, 2012
Thanks for checking out Infinite Scuba! We are excited to have you dive into our underwater world. We hope you have as much fun playing the game as we did making it. Now here’s our EULA.
THIS GAME IS LICENSED, NOT SOLD. BY INSTALLING, COPYING OR OTHERWISE USING THE GAME (DEFINED BELOW), YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND CASCADE GAME FOUNDRY’S PRIVACY POLICIES. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PLEASE DO NOT ACCESS OR USE THE GAME.
This software program, and any files that are delivered to you by Cascade Game Foundry Corporation ("CGF") (via on-line transmission or otherwise) to "patch," update, or otherwise modify the software program, as well as any printed materials and any on-line or electronic documentation (the "Manual"), and any and all copies and derivative works of such software program and Manual (collectively the "Game") is the copyrighted work of CGF or its licensors. Any and all uses of the Game are governed by the terms of this End User License Agreement (the "Agreement"). The Game is distributed solely for use by authorized end users according to the terms of this Agreement. Any use, reproduction, modification or distribution of the Game not expressly authorized by the terms of this Agreement is expressly prohibited.
Limited Use License. CGF grants, and you accept, a limited, non-exclusive license to (a) install the Game on one or more devices owned by you or under your legitimate control, and (b) use the Game for your non-commercial entertainment purposes only. All use of the Game is subject to this Agreement. This license is subject to the following limitations (collectively, the "License Limitations"). Any use of the Game in violation of the License Limitations will be regarded as an infringement of CGF's copyrights in and to the Game. You agree that you will not, under any circumstances:
- in whole or in part, copy, photocopy, reproduce, translate, reverse engineer, derive source code from, modify, disassemble, decompile, or create derivative works based on the Game; provided, however, that you may make one (1) copy of the Game and the Manuals for archival purposes only;
- use cheats, automation software (bots), hacks, mods or any other unauthorized third-party software designed to modify the Game experience;
- exploit the Game or any of its parts for any commercial purpose, including without limitation (a) use at a cyber cafe, computer gaming center or any other location-based site without the express written consent of CGF; (b) for gathering in-game currency, items or resources for sale outside the Game; or (c) performing in-game services in exchange for payment outside the Game;
- modify or cause to be modified any files that are a part of the Game in any way not expressly authorized by CGF; or
- sell, grant a security interest in or transfer reproductions of the Game to other parties in any way not expressly authorized herein, or rent, lease or license the Game to others.
Eligibility. You represent that you are of legal age to form a binding contract (you must consult your parent or legal guardian if you are under the age of majority).
Ownership. All title, ownership rights and intellectual property rights in and to the Game and all copies thereof (including without limitation any titles, computer code, themes, objects, wildlife, characters, character names, stories, dialog, catch phrases, locations, concepts, artwork, character inventories, structural or landscape designs, animations, sounds, musical compositions and recordings, audio-visual effects, storylines, character likenesses, methods of operation, moral rights, and any related documentation) are owned or licensed by CGF. The Game is protected by the copyright laws of the United States, international treaties and conventions, and other laws. The Game may contain materials licensed by third parties, and the licensors of those materials may enforce their rights in the event of any violation of this Agreement.
CGF owns, has licensed, or otherwise has rights to all of the content that appears in the Game. You agree that you have no right or title in or to any such content, including without limitation the virtual goods or currency appearing or originating in the Game, or any other attributes associated with any end user. CGF does not recognize any purported transfers of virtual property executed outside of the Game, or the purported sale, gift or trade in the "real world" of anything that appears or originates in the Game. Accordingly, you may not sell in-game items or currency for "real" money, or exchange those items or currency for value outside of the Game.
Termination. This Agreement is effective until terminated. You may terminate this Agreement at any time by (i) permanently destroying all copies of the Game in your possession or control; (ii) removing the Game from your hard drive; and (iii) notifying CGF of your intention to terminate this Agreement. CGF may terminate this Agreement at any time for any reason or no reason. Upon termination for any reason, all licenses granted herein shall immediately terminate and you must immediately and permanently destroy all copies of the Game in your possession and control and remove the Game from your hard drive.
Export Controls. The Game may not be re-exported, downloaded or otherwise exported into any country against which the U.S. has embargoed goods, or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. You represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
Patches and Updates. CGF may deploy or provide patches, updates and modifications to the Game that must be installed for the user to continue to play the Game.
- In-Game Purchases. CGF may allow end users to complete in-Game purchases or transactions. CGF may also use third-party payment processing services to facilitate these transactions. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction within the Game must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction within the Game at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions. CGF’s use of any information collected through in-game purchases will be used in compliance with CGF’s Privacy Policies.
Third-Party Products and Services. Please note that your access to and use of the Game may be subject to certain third-party terms and conditions and privacy policies, including but not limited to application stores, advertisers, analytics providers, on-line gaming platforms and social networking services. CGF is not liable for any such third-party terms and conditions and any third party’s use of your personal information. By accepting these terms you also accept the terms of our partners and third party vendors which may include, but are not limited to: Vindicia, Facebook, and Merchant E Solutions.
We may offer links to advertisements and/or enable you to access third-party products or services. While using such products or services, you are using products or services developed and administered by people or companies not affiliated with or controlled by us. We are not responsible for the actions of those people or companies, the content of their products or services, the use of information you provide to them or any products or services they may offer. Links to products or services do not constitute sponsorship of, or affiliation with, those people or companies.
Warranty. THE GAME IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CGF EXPRESSLY DISCLAIMS ALL CONDITIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE CONDITIONS OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT, AND SYSTEM INTEGRATION WITH RESPECT TO THE GAME. CGF DOES NOT WARRANT THAT THE GAME WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE.
Limitation of Liability, Indemnity. NEITHER CGF NOR ITS PARENT, SUBSIDIARIES OR AFFILIATES SHALL BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING OUT OF THE GAME OR ANY USE OF THE GAME, INCLUDING WITHOUT LIMITATION LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES. FURTHER, NEITHER CGF NOR ITS PARENT, SUBSIDIARIES OR AFFILIATES SHALL BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE TO PLAYER CHARACTERS, VIRTUAL GOODS OR CURRENCY, ACCOUNTS, STATISTICS, OR PROFILE INFORMATION STORED BY THE GAME OR CGF. CGF SHALL NOT BE RESPONSIBLE FOR ANY INTERRUPTIONS OF THE GAME, INCLUDING WITHOUT LIMITATION SOFTWARE OR HARDWARE FAILURES, OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF THE GAME. IN NO EVENT WILL CGF BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES.
BECAUSE SOME STATES/COUNTRIES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS AND/OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATIONS AND/OR EXCLUSION OR LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. THIS WARRANTY SHALL NOT BE APPLICABLE SOLELY TO THE EXTENT THAT ANY SPECIFIC PROVISION OF THIS WARRANTY IS PROHIBITED BY ANY FEDERAL, STATE, OR MUNICIPAL LAW, WHICH CANNOT BE PRE-EMPTED. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
Equitable Remedies. If the terms of this Agreement are not specifically enforced, CGF will be irreparably damaged, and therefore you agree that CGF shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to your breach of any of the terms of this Agreement, in addition to any other available remedies.
Changes to the Agreement. CGF reserves the right, at its sole discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this Agreement without notice. CGF may provide such other notice as CGF may elect in its sole discretion. Your installation and use of any of CGF’s updates or modifications to the Game or your continued use of the Game will demonstrate your acceptance of any and all such changes. CGF may change, modify, suspend, or discontinue any aspect of the Game at any time. CGF may also impose limits on certain features or restrict your access to parts or all of the Game without notice or liability. You have no interest, monetary or otherwise, in any feature or content contained in the Game.
Governing Law. This Agreement will be governed by the laws of Washington State. The United Nations Convention for the International Sale of Goods shall not apply. Any dispute, controversy or claim arising out of or relating to this Agreement or the breach, termination or validity thereof shall be finally settled at CGF's discretion (i) at your domicile's competent courts; or (ii) by arbitration in accordance with the Arbitration Rules of International Chamber of Commerce.
Miscellaneous. This Agreement represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them. It may be amended only by a written document executed by both parties. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the remaining provisions of this Agreement shall not be affected.
You hereby acknowledge that you have read and understand the foregoing Agreement and agree that by clicking "Accept" or installing the Game you acknowledge and agree to be bound by the terms and conditions of this Agreement.
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