ROGUE ROCKET GAMES LLC
End User License Agreement
THIS END USER LICENSE AGREEMENT ("EULA") IS A BINDING LEGAL AGREEMENT BETWEEN ROGUE ROCKET GAMES, LLC ("ROGUE ROCKET GAMES") AND YOU AND, IF APPLICABLE, THE COMPANY OR OTHER LEGAL ENTITY YOU REPRESENT (COLLECTIVELY, "YOU" AND "YOUR") REGARDING THE GAME SOFTWARE THAT YOU ARE INSTALLING, INCLUDING ANY ACCOMPANYING MANUAL OR OTHER RELATED MATERIAL PROVIDED BY ROGUE ROCKET GAMES AS PART OF, OR IN CONNECTION, THEREWITH (COLLECTIVELY, THE "GAME").
BY INSTALLING, USING OR ACCESSING THE GAME OR ANY MATERIALS INCLUDED WITH THE GAME, YOU HEREBY ACCEPT THE TERMS OF THIS AGREEMENT. If you do not agree to the terms of this Agreement, do not install, use or access the game.
1. LICENSE GRANT AND RESTRICTIONS.
1.1 License Grant. ROGUE ROCKET GAMES hereby grants to you a non-exclusive license to use a single copy of the object code version of the Game for your personal, non-commercial entertainment use on any computer, mobile phone, or other compatible electronic device.
1.2 Restrictions. You may not (i) decompile, disassemble or reverse engineer the Game or otherwise attempt to gain access to its source code, except to the extent that such restrictions are expressly prohibited by law; (ii) copy, offer for public display or create derivative works thereof, except to the extent that such restrictions are expressly prohibited by law; (iii) rent, lease, loan, sublicense or distribute the Game, or offer it on a pay-per-play, coin-op or other for charge (or free) basis; (iv) use the Game to infringe the copyrights or other intellectual property rights of others in any way; (v) modify or delete the copyright and other proprietary rights notices on or in the Game.
If You breach this restriction, You may be subject to prosecution and damages. The terms of the license will govern any add-ons, expansion packs, and/or upgrades provided by ROGUE ROCKET GAMES that replace and/or supplement the original Game, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
2. TERMINATION. This EULA is effective until terminated. You may terminate this EULA at any time by uninstalling the Game and destroying all copies of the Game in your possession or control. ROGUE ROCKET GAMES may terminate this EULA immediately upon notice to you if you breach any of its terms or conditions. Upon termination of this EULA, you agree to immediately uninstall the Game and destroy all copies of the Game.
3. GAME OWNERSHIP. The Game is the copyrighted proprietary material of ROGUE ROCKET GAMES and/or its third-party licensors and is subject to copyright protection under U.S. copyright law and international copyright treaties, as well as other intellectual property laws and treaties. ROGUE ROCKET GAMES and/or its third-party licensors retain all right, title, and interest in the Game and any modifications and enhancements thereof (including ownership of all trade secrets and copyrights pertaining thereto) and specifically reserve all rights not expressly granted under this EULA. This Agreement does not provide you with title or ownership of the Game, but only a right of limited use. You must keep the Game free and clear of all claims, liens, and encumbrances.
You acknowledge that, in the event of your breach of any of the foregoing provisions, ROGUE ROCKET GAMES will not have an adequate remedy in money or damages. ROGUE ROCKET GAMES shall therefore be entitled to obtain an injunction against such breach from any court of competent jurisdiction immediately upon request. ROGUE ROCKET GAMES’ right to obtain injunctive relief shall not limit its right to seek further remedies.
4. 5. NO WARRANTY. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE GAME 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, THE GAME AND ANY SERVICES PERFORMED OR PROVIDED BY THE GAME (“SERVICES”) ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND ROGUE ROCKET GAMES HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE GAME AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. ROGUE ROCKET GAMES DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE GAME, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE GAME WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE GAME OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE GAME OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ROGUE ROCKET GAMES OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
5. LIMITATION OF LIABILITY. NO PROVISIONS OF THIS EULA SHALL APPLY TO LIMIT LIABILITY ARISING FROM DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE OR FOR FRAUD. OTHERWISE, IN NO EVENT WILL THE ROGUE ROCKET GAMES PARTIES' TOTAL AGGREGATE LIABILITY TO YOU FOR DIRECT DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS EULA AND/OR YOUR USE OF THE GAME EXCEED THE AMOUNT PAID BY YOU FOR THE GAME. IN NO EVENT WILL THE ROGUE ROCKET GAMES PARTIES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR ANY OTHER TYPE OF DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES RELATING TO LOST PROFITS, LOSS OF DATA, PRIVACY, NEGLIGENCE OR OTHER DUTY OF CARE), EVEN IF ONE OR MORE OF THE ROGUE ROCKET GAMES PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The cumulative liability of ROGUE ROCKET GAMES to you for all claims relating to the Game and this Agreement, including any cause of action sounding in contract, tort, or strict liability, shall not exceed the total amount of all license fees paid to ROGUE ROCKET GAES hereunder. This limitation of liability is intended to apply without regard to whether other provisions of this Agreement have been breached or have proven ineffective. ROGUE ROCKET GAMES shall have no liability for loss of data or documentation, it being understood that you are responsible for reasonable backup precautions.
In no event shall ROGUE ROCKET GAMES be liable for any loss of profits; any incidental, special, exemplary, or consequential damages; or any claims or demands brought against you, even if ROGUE ROCKET GAES has been advised of the possibility of such claims or demands. This limitation upon damages and claims is intended to apply without regard to whether other provisions of this Agreement have been breached or have proven ineffective. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
You may have additional rights under certain laws (e.g., consumer laws) that do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If such laws apply, our exclusions or limitations do not apply to you.
6. BASIS OF THE BARGAIN; EXCLUSIONS. The disclaimers of warranties and limitations of liability set forth above are fundamental elements of the basis of the agreement between you and ROGUE ROCKET GAMES. You understand and agree that ROGUE ROCKET GAMES would not be able to economically or reasonably provide the Game to you without these limitations. HOWEVER, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES AND/OR THE LIMITATION OF INDIRECT DAMAGES AS SET FORTH IN SECTIONS 4 AND 5 ABOVE, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
7. INDEMNIFICATION. You agree to indemnify, defend and hold harmless the ROGUE ROCKET GAMES Parties, including their respective employees, directors and personnel from any claims, losses, damages, liabilities, including attorneys' fees, arising out of your violation of this EULA and/or your use or misuse of the Game.
8. EXPORT CONTROL. The Game originates in the United States and is subject to United States export laws and regulations. You may not export or re-export, in whole or in part, the Game to certain countries, persons or entities prohibited from receiving exports from the United States. Additionally, the Game may be subject to the import and export laws of other countries, and you agree that you will comply with any such foreign import and export laws, as applicable.
9. MISCELLANEOUS. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Your use of the Game may also be subject to other local, state, national, or international laws.
No modification of this Agreement shall be binding unless it is in writing and is signed by an authorized representative of the party against whom enforcement of the modification is sought.
In the event that any of the terms of this Agreement is or becomes or is declared to be invalid or void by any court or tribunal of competent jurisdiction, such term or terms shall be null and void and shall be deemed severed from this Agreement and all the remaining terms of this Agreement shall remain in full force and effect.
If a court of competent jurisdiction declares any provision of this EULA to be void or unenforceable, then such provision will be interpreted, construed or reformed to the extent reasonably required to render it valid, enforceable and consistent with the original intent underlying such provision, and such invalidity or unenforceability will not affect any other provision of this EULA. The English language version of this EULA will control its interpretation.
10. GOVERNING LAW AND VENUE.
This EULA will be governed by and construed in accordance with the laws of the State of California, USA, excluding its conflicts of law rules and specifically excluding the United Nations Convention on Contracts for the International Sale of Goods. Venue for any action hereunder shall lie exclusively in the state and federal courts located in San Francisco County, California USA and you hereby consent and submit to the personal jurisdiction of such courts.
11. NOTICES; HOW TO CONTACT ROGUE ROCKET GAMES. The Game is made available to you by ROGUE ROCKET GAMES, LLC. ROGUE ROCKET GAMES may be contacted via email ( firstname.lastname@example.org).
This Privacy Statement is part of the EULA governing the use of the Game.
1. ROGUE ROCKET GAMES may collect anonymous data about the Game's performance and about the effectiveness of our marketing initiatives. No personal or identifying information will be collected or stored by ROGUE ROCKET GAMES.
2. If the Game includes OpenFeint, and you choose to enable OpenFeint from within the Game, please refer to OpenFeint's separate Terms and Conditions.