Oddworld Inhabitants

EULA

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ODDWORLD INHABITANTS, INC.

SOFTWARE END USER LICENSE AGREEMENT

This Software End User License Agreement (“Agreement”) is a contract between you and Oddworld Inhabitants, Inc. (“Oddworld,” “we,” “us,” or “our”) for software titles created and published by Oddworld Inhabitants, Inc., including any updates, upgrades, or patches related thereto (collectively, “Software”).

PLEASE READ THIS AGREEMENT CAREFULLY.  IT CONTAINS IMPORTANT TERMS THAT AFFECT YOU AND YOUR USE OF THE SOFTWARE.  BY CLICKING “I ACCEPT,” “I AGREE,” OR A SIMILAR ACKNOWLEDGEMENT OF AGREEMENT OR BY DOWNLOADING, INSTALLING, COPYING, OR USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.  IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL, COPY, OR USE THE SOFTWARE.  THIS AGREEMENT CONSTITUTES A VALID AND BINDING LEGAL CONTRACT BETWEEN YOU AND US.

  1. 1.                   ACCEPTANCE OF THIS AGREEMENT

(a)          By an Individual 18 Years of Age or Older.  Any individual who is at least 18 years of age or the legal age of majority under applicable law may accept the terms and conditions of this Agreement by selecting the “I Accept,” “I Agree,” or similar acknowledgment or by downloading, installing, copying, or using the Software.  By accepting the terms and conditions of this Agreement, you acknowledge that you have read, understood, and accepted the terms and conditions of this Agreement and agree to be bound thereby.

(b)          By an Individual Between the Ages of 13 and 17 Years.  Any individual who is a minor (as determined by the state or province of your residence) and 13 years of age or older (an “Eligible Minor”) must have his or her parent or legal guardian indicate consent to the terms and conditions of this Agreement.  An Eligible Minor’s parent or legal guardian may accept the terms and conditions of this Agreement by selecting the “I Accept,” “I Agree,” or similar acknowledgment or by downloading, installing, copying, or using the Software on behalf of such Eligible Minor.  By accepting the terms and conditions of this Agreement, the parent or legal guardian of the Eligible Minor acknowledges that he or she has read, understood, and accepted the terms and conditions of this Agreement on behalf of such Eligible Minor and on behalf of themselves and agrees to be bound thereby.  Without limiting the foregoing, Parents and legal guardians understand that they are responsible for the acts and activities of their Eligible Minors in connection with any installation, copying, or use of the Software.

(c)           By an Individual Under the Age of 13 Years.  The Software is not targeted towards, nor intended for use by, anyone under the age of 13.  Children under the age of 13 are not eligible to install, copy, or use the Software, notwithstanding that they may have the consent of a parent or legal guardian.

  1. 2.                   SOFTWARE LICENSE

Subject to the terms of this Agreement and your compliance with the  terms of service, terms of use, subscriber agreement or other terms of the Web site from which you obtain the Software (e.g. Steam, PlayStation Network, Direct2Drive, OnLive, Amazon, Good Old Games, Gamersgate, Get Games Go, or Gamefly) (“Terms of Service“) which govern your use of such Web sites’ services to, among other activities, obtain the Software, we grant you a non-exclusive, non-transferable, non-sublicenseable license to download, install and use one copy of the Software in object code form only on a single personal computing device solely to access and use for your own personal use.  The terms of this Agreement supplement any applicable Terms of Service and supersede those Terms of Service where this Agreement and the Terms of Service conflict.  Any Oddworld software that updates, supplements, or replaces the original Software is governed by this Agreement, unless separate license terms accompany such update, supplement, or replacement, in which case such separate terms will govern in the event of a conflict with this Agreement or as otherwise provided in such separate terms.

  1. 3.                   LICENSE LIMITATIONS

The license granted in Section 2 states the entirety of your rights with respect to the Software, and we reserve all rights not expressly granted to you in this Agreement.  Without limiting the foregoing, you will not do, or authorize or permit any third party to do, any of the following:  (a) distribute, license, or sell the Software; (b) use the Software for any purpose other than your own personal use; (c) reverse engineer, decompile, disassemble, or attempt to discover the source code for the Software; (d) modify, alter, or create any derivative works of the Software; (d) remove, alter, or obscure any copyright, trademark, or other proprietary rights notice on or in the Software; (e) use the Software to commit any crime or violate any applicable local, state, national, or international law, regulation, ordinance, or treaty including, but not limited to, any fraud, misrepresentation, money laundering, or illegal gambling; (f) use the Software to access, or attempt to access, facilities, networks, equipment, or systems of Oddworld, Oddworld Parties (as defined below), another user, or any other third party, including any partner of Oddworld, without authorization; (g) use or access the Software for the purposes of, or in connection with, (i) using, or attempting to use, any cheat codes, devices, tools, or processes, including, but not limited to, any third-party code sets or utilities (including any code sets or utilities developed by you or on your behalf), or (ii) distributing, publishing, or otherwise making available or publicizing in any way any such cheat codes, devices, tools, or processes; or (h) circumvent or attempt to circumvent any methods employed by Oddworld to control access to the components, features or functions of the Software or Service.

  1. 4.                   PRIVACY STATEMENT.

Please refer to our Privacy Policy (available at http://www.oddworld.com/privacy-policy/) for information on how Oddworld collects, uses and discloses information from its users.

  1. 5.                   OWNERSHIP

The Software is the valuable property of Oddworld and its licensors and is protected by copyright and other intellectual property laws and treaties.  We and our licensors own all right, title, and interest in and to the Software, including any and all authorized or unauthorized derivative works, and all copyright and other intellectual property rights therein.

  1. 6.                   DISCLAIMERS

THE SOFTWARE IS PROVIDED “AS IS,” WITH ALL FAULTS, DEFECTS, AND ERRORS, AND WITHOUT WARRANTY OF ANY KIND.  ODDWORLD DISCLAIMS ALL WARRANTIES (EXPRESS OR IMPLIED AND ARISING BY LAW OR OTHERWISE) REGARDING THE SOFTWARE AND ITS PERFORMANCE OR SUITABILITY FOR YOUR INTENDED USE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.  WITHOUT LIMITING THE FOREGOING, ODDWORLD DOES NOT WARRANT THAT THE SOFTWARE WILL BE FREE OF BUGS, ERRORS, VIRUSES, OR OTHER DEFECTS.  ODDWORLD SHALL HAVE NO LIABILITY OF ANY KIND FOR THE USE OF OR INABILITY TO USE THE SOFTWARE OR ANY SERVICE THAT THE SOFTWARE IS INTENDED TO ACCESS.

  1. 7.                   INDEMNIFICATION

You will defend, indemnify and hold harmless Oddworld; its affiliates, independent contractors, service providers, and consultants; and each of their respective directors, officers, employees, and agents (collectively, “Oddworld Parties”), from and against any claims, damages, costs, injuries, liabilities, losses, and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to your use of, or inability to use, the Software.  IF YOU ARE A ELIGIBLE MINOR, YOUR PARENTS OR LEGAL GUARDIANS FURTHER AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS EACH OF THE ODDWORLD PARTIES FROM ANY claims, DAMAGES, costs, injuries, losses, or EXPENSES ARISING OUT OF OR RELATED TO YOUR USE OF, OR INABILITY TO USE, THE SOFTWARE.

  1. 8.                   LIMITATION OF LIABILITY

IN NO EVENT SHALL ANY OF THE ODDWORLD PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SOFTWARE, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES CAUSED BY OR RESULTING FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO ODDWORLD’S RECORDS, PROGRAMS, OR SERVICES.  IN NO EVENT SHALL THE AGGREGATE LIABILITY OF ODDWORLD, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE SOFTWARE EXCEED THE PURCHASE PRICE THAT YOU PAID FOR A LICENSE TO THE SOFTWARE.

  1. 9.                   TERMINATION

Oddworld may terminate this Agreement at any time, with or without cause, immediately upon notice to you.  Oddworld may also discontinue the Services that are accessible through the Software, in which case this Agreement shall terminate automatically without notice.  You may terminate this Agreement by the ceasing use of the Software and uninstalling the Software from your computer.  In the event of the termination of this Agreement for any reason:  (a) the license granted to you in this Agreement will terminate; (b) you must immediately cease all use of the Software and uninstall or otherwise destroy or erase all copies of the Software in your possession or control; and (c) Sections 3 (“License Limitations”), 4 (“Ownership”), 6 (“Disclaimers”), 7 (“Indemnification”), 8 (“Limitation of Liability”), 9 (“Termination”), 10 (“Import and Export Control Laws”), and 11 (“General”) will survive any such termination, together with the Terms of Service.

  1. 10.               IMPORT AND EXPORT CONTROL LAWS

You acknowledge that Oddworld is subject to regulation by agencies of the United States, such as the U.S. Department of Commerce, which prohibit export of certain products or technology to certain countries or nationals of certain countries.  You will not use or otherwise export or re-export the Software except as authorized by U.S. law and the laws of the jurisdiction in which the Software was obtained.  In particular, but without limitation, the Software may not be exported or re-exported (a) into (or to a nation or resident of) any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List.  By downloading, installing or using any component of the Software, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or jurisdiction or on any such list.

  1. 11.               GENERAL

(a)          Governing Law; Jurisdiction and Venue; Attorneys Fees.  This Agreement and all disputes, claims, or controversies arising out of or in connection with this Agreement, including any question regarding its formation, existence, validity, enforceability, performance, interpretation, breach, or termination shall be governed by and construed in accordance with the substantive local laws of the State of California, U.S.A., without reference to its choice of law rules to the contrary.  The 1980 U.N. Convention on Contracts for the International Sale of Goods will not apply to this Agreement.  Each party hereby irrevocably consents to the exclusive jurisdiction and venue of the federal and state courts located in Los Angeles, California, U.S.A., in connection with any action arising out of or in connection with this Agreement.  In the event of any litigation between the parties hereto, the prevailing party shall be entitled to recover reasonable attorneys’ fees and costs in addition to such other relief as the court may award.

(b)          Severability.  If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.

(c)           Assignment.  You may not assign this Agreement or any of its rights under this Agreement without the prior written consent of Oddworld, and any attempted assignment without such consent shall be void.  Subject to the foregoing, this Agreement will be binding on and enforceable by the parties and their respective successors and permitted assigns.

(d)          Entire Agreement.  This Agreement, together with the Terms of Service, sets forth our entire agreement with respect to the Software and the subject matter hereof and supersedes all prior and contemporaneous understandings and agreements whether written or oral.  No amendment, modification, or waiver of any of the provisions of this Agreement will be valid unless set forth in a written instrument signed by the party to be bound thereby.

(e)          Language.  This Agreement is in the English language, which language will be controlling, even if interpretations of this Agreement in other languages are made.

 

Updated: October 30th 2012