Dungeon Thief End-user license agreement
DUNGEON THIEF END USER LICENSE AGREEMENT
THIS SOFTWARE IS LICENSED BY SHADOW REALM STUDIOS, INC., NOT SOLD. BY INSTALLING, COPYING OR OTHERWISE USING THE GAME (DEFINED BELOW), YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO INSTALL, COPY OR USE THE GAME.
1. Grant of a Limited Use License.
2. Additional License Limitations.
The license granted to you in Section 1 above is subject to the limitations set forth in Sections 1 and 2 (collectively, the "License Limitations"). Any use of the Game in violation of the License Limitations will be regarded as an infringement of Shadow Realm Studio's copyrights in and to the Game. You agree that you will not, under any circumstances:
B. Use any unauthorized third-party programs that interact with the Software in any way, including but not limited to, "mods," "hacks," "cheats," "scripts," "bots," or automation programs, or any third-party programs that intercept, emulate or redirect any communication between the Software and Shadow Realm Studio, or that collect information about the Game by reading areas of memory used by the Software to store information about the Game.
C. Modify or cause to be modified any files that are a part of the Game in any way not expressly authorized by Shadow Realm Studio;
D. Host, provide or develop matchmaking services for the Game or intercept, emulate or redirect the communication protocols used by Shadow Realm Studio in any way, for any purpose, including without limitation unauthorized play over the internet, network play (except as expressly authorized by Shadow Realm Studio), or as part of content aggregation networks;
E. Facilitate, create or maintain any unauthorized connection to the Game or the Service, including without limitation (a) any connection to any unauthorized server that emulates, or attempts to emulate, the Service; and (b) any connection using third party programs or tools; or
F. Attempt to sell, sublicense, rent, lease, grant a security interest in or otherwise transfer any copy of the Game or your rights to the Game to any other party in any way not expressly authorized herein.
G. Exploit the Game or any of its parts for any commercial purpose without Shadow Realm Studio's express permission, except that you may use the Game on the Service at a publicly available cyber café or computer gaming center.
All rights and title, ownership rights and intellectual property rights in and to the Game and all content included therein (including without limitation any objects, concepts, titles, computer code, themes, characters, audio-visual effects, character names, stories, dialog, catch phrases, locations, artwork, structural or landscape designs, animations, sounds, musical compositions and recordings, storylines, character likenesses, methods of operation, moral rights, and any related documentation) are owned or licensed by Shadow Realm Studio. The Game is protected by the copyright laws of Canada, 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 License Agreement. You have no interest, monetary or otherwise, in any feature or content contained in the Game or associated with the Account.
5. Updates and Modifications
Shadow Realm Studio may deploy or provide patches, updates and modifications to the Game that must be installed for you to continue to play the Game. Shadow Realm Studio may update the Game remotely, including without limitation the Game residing on your machine, without your knowledge, and you hereby grant to Shadow Realm Studio your consent to deploy and apply such patches, updates and modifications.
6. Change to the Agreement and/or Game.
Shadow Realm Studio may replace this Agreement with new versions (each a "New EULA") over time as the Game and the law evolve. This Agreement will terminate immediately upon the introduction of a New EULA, and you will be given an opportunity to review and accept the New EULA. If you accept the New EULA, and if the Account registered to you remains in good standing, you will be able to continue playing the Game subject to the terms of the New EULA. If you decline to accept the New EULA, or if you cannot comply with the terms of the New EULA for any reason, you will no longer be permitted to play the Game. New EULAs will not be applied retroactively. Shadow Realm Studio may change, modify, suspend, or discontinue any aspect of the Game at any time. Shadow Realm Studio may also impose limits on certain features or restrict your access to parts or all of the Game without notice or liability.
This License Agreement is effective until terminated. You may terminate this License Agreement at any time by providing notice to Shadow Realm Studio customer service by using the following URL http://www.shadowrealmstudios.com/support, at which time Shadow Realm Studio will remove your license to use the Game from the Account. Shadow Realm Studio may terminate this Agreement at any time for any reason or no reason. Upon termination, all licenses granted herein shall immediately terminate and you must promptly remove the Game from your hard drive.
8. "On-line" Component.
The Game is an "on-line" game that must be played over the internet through a service provided by or on behalf of Shadow Realm Studio. You acknowledge and agree that Shadow Realm Studio, in its sole and absolute discretion, may stop providing support for or access to the Game at any time, for any reason or no reason. You also agree that Shadow Realm Studio may change, modify, suspend, discontinue, or restrict your access to any features or parts of the Game at any time without notice or liability to you. You acknowledge that you have no interest, monetary or otherwise, in any feature of or content in the Software or the Game.
9. Limited Warranty.
THE GAME (INCLUDING WITHOUT LIMITATION THE SOFTWARE AND THE DOCUMENTATION) IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SHADOW REALM STUDIO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WHICH MIGHT APPLY TO THE GAME OR THE SOFTWARE, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, AND ANY WARRANTIES AS TO THE ACCURACY, RELIABILITY OR QUALITY OF ANY CONTENT OR INFORMATION CONTAINED WITHIN THE GAME AND/OR THE SOFTWARE. SHADOW REALM STUDIO DOES NOT WARRANT THAT THE GAME AND/OR THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SOFTWARE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR SELECTING THE GAME AND/OR THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE GAME AND THE SOFTWARE.
Because some states or jurisdictions do not allow the disclaimer of implied warranties, the forgoing disclaimer may, in whole or in part, not apply to you.
10. Limitation of Liability, Indemnity.
NEITHER SHADOW REALM STUDIO 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. NEITHER SHADOW REALM STUDIO NOR ITS PARENT, SUBSIDIARIES OR AFFILIATES SHALL BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE TO ACCOUNTS, STATISTICS, OR USER STANDINGS, RANKS, OR PROFILE INFORMATION STORED BY THE GAME AND/OR THE SERVICE. SHADOW REALM STUDIO SHALL NOT BE RESPONSIBLE FOR ANY INTERRUPTIONS OF SERVICE, INCLUDING WITHOUT LIMITATION ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES, OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE. IN NO EVENT WILL SHADOW REALM STUDIO BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES. In no event shall Shadow Realm Studio's liability, whether arising in contract, tort, strict liability or otherwise, exceed (in the aggregate) the total fees paid by you to Shadow Realm Studio during the six (6) months immediately prior to the time such claim arose. You hereby agree to defend, indemnify and hold Shadow Realm Studio harmless from and against any claim, liability, loss, injury, damage, cost or expense (including reasonable attorneys' fees) incurred by Shadow Realm Studio arising out of or from (a) your use of the Game; and (b) your violation of any provision of this Agreement. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you.
11. Equitable Remedies.
You hereby acknowledge and agree that Shadow Realm Studio would suffer irreparable harm if this License Agreement were not specifically enforced. Consequently, in addition to such monetary and other relief as may be recoverable at law, you agree that Shadow Realm Studio shall be entitled to specific performance or other injunctive relief, without bond, other security, or proof of damages, as remedy for any breach or threatened breach of this License Agreement. Additionally, in the event any legal or administrative action or proceeding is brought by either party in connection with this License Agreement, the prevailing party in such action or proceeding shall be entitled to recover from the other party all the costs, attorneys' fees and other expenses incurred by such prevailing party as the result of the action or proceeding.
12. Governing Law.
This Agreement, the relationship between you and Shadow Realm Studio and your use of Shadow Realm Studio's websites and the resolution of any dispute arising between the parties shall be governed and construed in accordance with the laws of the Province of Quebec and those of Canada applicable therein, without reference to their conflicts of laws. You agree that any legal action or proceeding between you and Shadow Realm Studio which in any way concerns this Agreement or the use of Shadow Realm Studio's websites shall be brought exclusively in the courts of Quebec. Notwithstanding the foregoing, either party may apply to any court of competent jurisdictions to obtain injunctive relief. Shadow Realm Studio is headquartered in Montreal, Quebec.
13. Dispute Resolution.
a. Informal Negotiations.
i. Negotiations will begin upon receipt of written notice by the party bringing the Dispute. Shadow Realm Studio will send its notice to your billing address and email you a copy to the email address you have provided to us.
ii. You will send your notice to Shadow Realm at Shadow Realm Studios, Inc., Suite 5, 7169 Christophe Colomb Avenue, Montreal, QC, H2R2S5, Canada, Attn: Legal Department.
Any arbitration shall be initiated in the city of Montreal, Province of Quebec, Canada. Any Dispute not subject to arbitration (other than claims proceeding in any small claims court), or where no election to arbitrate has been made, shall be decided by a court of competent jurisdiction within the Montreal, Province of Quebec, Canada, and you and Shadow Realm Studio agree to submit to the personal jurisdiction of that court.