Professional Documents
Culture Documents
EULA
EULA
2. GRANT OF LICENSE. The Software is licensed and not sold to You and its use is
subject to this Agreement. In consideration of Your agreement to be bound by the
terms and conditions of this Agreement, PlayFirst grants You a limited, personal,
non-exclusive license to reproduce as necessary to install and use the Software in
the manner described in the user documentation. You may also distribute copies of
the time and/or feature-limited trial versions of the Software if (i) You do so on
a no-charge and non-commercial basis, and (ii) the digital rights management
software ("DRM") included with the Software permits such distribution without
alteration or circumvention of the DRM or the Software. You agree to pay any
sales, use, value added, or other tax or charge imposed or assessed by any
governmental entity. If You are required by operation of law or otherwise to
deduct any percentage of fees due under this Agreement, the fees shall be increased
to such amount as may be necessary so that PlayFirst receives the full amount it
would have received had those fee payments been made without deduction. PlayFirst
reserves all rights not expressly granted to You in this Agreement.
3. PERMITTED USES. You may install and use the Software on a single computer. You
may make and maintain one copy of the Software for backup and archival purposes if
You keep the original and copy of the Software in Your possession and You reproduce
all copyright and other proprietary notices that are on the original copy of the
Software. Only to the extent required by applicable law, You may permanently
transfer all Your rights under this Agreement if (i) You give the Licensor prior
written notice, (ii) You retain no copies, (iii) You transfer all of the Software
(including all component parts, the media and printed materials and any upgrades)
and (iv) the recipient reads and accepts this Agreement. Any assignment in
derogation of the foregoing shall be null and void.
5. RESTRICTIONS. You may not delete or obscure any copyright, trademark or other
proprietary notice on the Software or accompanying printed materials. Except as
expressly permitted by applicable law, You may not decompile, modify, reverse
engineer, disassemble or otherwise reproduce the Software. You may not copy, rent,
lease, sell, sublicense, distribute, publicly display the Software, create
derivative works based on the Software or otherwise commercially exploit the
Software. You may not sell, resell, or distribute unlock keys whether purchased
from an authorized distributor or generated independently. You may not evade the
DRM, copyright protection, access restrictions or other authorization mechanisms
for the Software. You may not electronically transmit the Software from one
computer, console or other platform to another or over a network. You may not
circumvent any encrypted data protections or gain access to data that is not
licensed. You may not use any backup or archival copy of the Software for any
purpose other than to replace the original copy in the event it is destroyed or
becomes defective. If the Software allows You to purchase licenses to upgrades or
features (new levels, characters, in-game items) at the PlayFirst online store
("Game Items"), then all such Game Items, even if licensed at a later date, are
part of the Software and subject to this Agreement. Accordingly, You may not
sell or transfer the Game Items and any such transfer or sale shall be null and
void. Any unauthorized reproduction, modification, distribution, or performance
of the Software including any Game Items is strictly prohibited.
7. WARRANTY DISCLAIMER. The Software is provided to You "As Is" and PlayFirst and
its suppliers expressly disclaim all warranties and conditions, express, implied or
statutory, including without limitation the implied warranties or conditions of
merchantability, fitness for a particular purpose, and non-infringement. No oral or
written information or advice given by PlayFirst, its employees, distributors,
dealers, or agents shall increase the scope of the above warranties or create any
new warranties.
8. LIMITATION OF REMEDIES.
a. REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS ITS ESSENTIAL
PURPOSE OR OTHERWISE, IN NO EVENT WILL PLAYFIRST OR ITS SUPPLIERS BE LIABLE TO YOU
OR TO ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, INTERRUPTION OF BUSINESS, OR
OTHER SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (WHETHER BASED IN
CONTRACT, TORT, OR STATUTE) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE
OR ANY DATA SUPPLIED THEREWITH, EVEN IF PLAYFIRST HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH LOSS OR DAMAGES AND WHETHER OR NOT SUCH LOSS OR DAMAGES ARE
FORESEEABLE.
9. EXPORT CONTROL. The Software and related technology are subject to U.S. export
control laws and may be subject to export or import regulations in other countries.
You agree to strictly comply with all such laws and regulations and acknowledge
that You have the responsibility to obtain such licenses to export, re-export or
import as may be required.
10. GENERAL. This Agreement shall be governed by the laws of the State of
California in the United States of America, without regard to or application of
conflicts of law rules or principles. The Federal and State Courts located in San
Francisco County shall have sole jurisdiction over any disputes arising hereunder
and the parties hereby submit to the personal jurisdiction of such courts. If any
provision of this Agreement is held to be unenforceable, that provision shall be
removed and the remaining provisions shall remain in full force. In the event any
proceeding or lawsuit is brought by PlayFirst or You in connection with this
Agreement, the prevailing party in such proceeding or lawsuit shall be entitled to
receive its costs, expert witness fees and reasonable attorney's fees, including
costs and fees on appeal. The failure of either party to require performance by the
other party of any provision herein shall not affect the full right to require such
performance at any time thereafter. Any waiver by either party of a breach of any
provision herein,must be in writing and shall not be held as a waiver of the
provision itself. This Agreement is the complete and exclusive statement of the
agreement between PlayFirst and You which supersedes any proposal or prior
agreement, oral or written, and any other communications between the parties in
relation to the subject matter of this Agreement. This Agreement may be modified
only by a written agreement signed by both parties by their duly authorized
representatives.
THE SOFTWARE IS PROTECTED BY UNITED STATES COPYRIGHT LAW AND INTERNATIONAL TREATY.
UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS SUBJECT TO CIVIL AND CRIMINAL
PENALTIES.
Copyright (c) 2009 PlayFirst, Inc. All rights reserved. PlayFirst, Hotel Dash:
Suite Success, and all related titles, logos, and characters are trademarks of
PlayFirst, Inc. PlayFirst is registered in the U.S. and other countries. Kef Sensei
is the trademark of Kef Sensei, LLC. Protected by copyright and licenses
restricting use, copying, distribution and decompilation.