GAME INNOVATION LAB SOFTWARE END USER LICENSE AGREEMENT
This End User License Agreement ("License") is an agreement between you and the Game Innovation Lab, its subsidiaries and affiliates ("GIL"), the author of “The Night Journey,” a software application. This License governs your use of this application and all related software, graphics files, animation files, sound files, data files, scripts, programs, documentation, and updates and upgrades that replace of supplement the application and are not distributed with a separate license (together, the "Application").
By installing or using the Application, you consent to be bound by this License. If you do not agree to all of the terms of this License, then do not install or use the Application.
1. License Grant and Terms of Use
A. Grant. GIL grants you a personal, limited, non-exclusive license to install and use the Application for your personal, non-commercial use solely as set forth in this License and any accompanying documentation. Your acquired rights are subject to your compliance with this License. Any commercial use is prohibited. You are expressly prohibited from sub-licensing, renting, leasing, exhibiting or otherwise distributing the Application or rights to use the Application. The term of your license shall commence on the date that you start to download, install or otherwise use the Application, and shall end on the earlier of the date that you dispose of the Application; or GIL's termination of this License.
B. Copies. You may download this Application from an authorized source. The number of copies that you can download during a consecutive period of days may be limited. You may not make a copy of the Application available on a network where it could be used by multiple users at the same time. You may not make the Application available over a network where it could be downloaded by multiple users. You may make back-up copies of the Software, solely for your personal use.
C. Reservation of Rights and Restrictions. The Application is licensed, and not sold, to you for use only under the terms of this License. GIL reserves all right, title and interest in the Application (including all characters, storyline, images, photographs, animation, video, music, text), and all associated copyrights, trademarks, and other intellectual property rights therein. The License is limited to the intellectual property rights of GIL and its licensors in the Application and does not include any rights to other patents or intellectual property. You may not decompile, disassemble, or reverse engineer the Application by any means whatsoever, or alter, modify, enhance, or create a derivative work of the Application. You may not remove, alter, or obscure any product identification, copyright, or other intellectual property notices in the Application or software delivered through the Application.
D. Separation of Components. The Application is licensed as a single product. Its components may not be separated for use on more than one computer.
E. Non-transferable. This EULA is not assignable or transferable, and any attempt to do so would be void.
F. Consent to Collection and Use of Data. You agree that GIL may collect, use, store and transmit technical and related information that identifies your computer, operating system, Application usage, software and peripheral hardware, that may be gathered periodically to facilitate improvements and updates to the Application. GIL may also use this information in presentations, publications, and marketing materials.
2. Disclaimer of Warranties. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE APPLICATION IS PROVIDED TO YOU "AS IS," WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. GIL DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USING, OR TRADE PRACTICE. GIL DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APPLICATION; THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS; THAT THE OPERATION OF THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SOFTWARE WILL BE INTEROPERATE OR THAT THE APPLICATION WILL BE COMPATIBLE WITH THIRD PARTY SOFTWARE OR THAT ANY ERRORS IN THE APPLICATION WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY GIL OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY.
3. Limitation of Liability. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL GIL, ITS SUBSIDIARIES OR ITS AFFILIATES BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION OR ANY FORM OF DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGE FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS LICENSE OR THE APPLICATION, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE, WHETHER OR NOT GIL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL GIL'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (EXCEPT AS MAY BE REQUIRED UNDER APPLICABLE LAW) EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICATION.
4. Jurisdiction. This License shall be deemed to have been made in, and shall be construed pursuant to the laws of the State of California, without regard to the conflicts of laws provisions thereof. Any claim or action arising out of or relating to this License and/or your use of the Application shall be brought exclusively in the federal or state courts that govern Los Angeles, California, and you expressly consent to the exercise of personal jurisdiction of such courts.
5. Export. You agree to abide by U.S. and other applicable export control laws and agree not to transfer the Application to a foreign national, or national destination, which is prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization. You certify that you are not a person with whom GIL is prohibited from transacting business under applicable law.
6. Entire Agreement. This License constitutes the entire agreement between you and GIL with respect to the Application and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless made in writing and signed by GIL. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of any other right hereunder. In the event of a conflict between this License and any applicable purchase or other terms, the terms of this License shall govern.
