| On the Rain-Slick Precipice of Darkness, Episode One |
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| End User License Agreement (EULA) |
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| YOU SHOULD CAREFULLY READ THE FOLLOWING END USER LICENSE AGREEMENT |
| BEFORE USING THIS SOFTWARE PROGRAM. BY USING THIS SOFTWARE PROGRAM, YOU |
| AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. *IF YOU DO NOT AGREE |
| TO THE TERMS OF THIS AGREEMENT, CLICK "QUIT" AND CEASE ALL USE OF THIS |
| SOFTWARE.* |
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| This software program, including any electronic documentation |
| (collectively, the "Program"), any printed materials, and any and all |
| copies of such Program and materials are the copyrighted work of Hothead |
| Games, Inc. ("Hothead") and/or its affiliates or subsidiaries, and/or |
| its suppliers or licensors. All rights are reserved, except as expressly |
| stated below. Your use of the Program is governed by the terms of this |
| End User License Agreement (the "License Agreement"). The Program is |
| solely for use by end users according to the terms of the License |
| Agreement. Any use, reproduction or redistribution of the Program not in |
| accordance with the terms of the License Agreement is expressly |
| prohibited. |
| |
| 1. *Thank You.* /We, Hothead, would first like to thank you for |
| licensing the Program. We know you probably don't care much for |
| reading through EULAs, but our lawyers want to make sure we keep |
| control and ownership of the stuff we and our licensors have spent |
| so much time, effort and energy developing. In order to keep |
| developing cool stuff that we hope provides you hours and hours of |
| entertainment and fun, we have to make sure you understand and agree |
| that you are just buying the right to use the Program and that there |
| are certain limits to your rights to use the Program. What follows |
| is what you need to agree to before you can use the Program./ |
| |
| 2. *Limited Use License.* /Like we mentioned above, you are buying the |
| right to use the Program, not the rights to the Program itself./ |
| Hothead hereby grants, and by using the Program you thereby accept, |
| a limited, non-exclusive license and right to install and/or use the |
| Program on your personal computers belonging or primarily used by |
| you (for example, on your home computer(s) and a laptop) with the |
| express understanding that the Program is licensed, not sold, and |
| that your license confers no title or ownership of the Program. If |
| you wish to use the Program on more computers than the program |
| automatically allows, Hothead's customer support may (in its sole |
| discretion) increase the number of computers on which the Program |
| may be used on a case by case basis. /If you need to increase any |
| limits the game places on the number of installs you can use, simply |
| contact us and we'll be happy to adjust the settings on your license |
| code to make this happen./ This license is not a sale of the |
| original software program (which means that the fee you paid gives |
| you the right only to use the Program). To avoid any |
| misunderstandings, the license granted hereunder is for one |
| individual person and the Program will be deemed in "use" on a |
| computer when it is loaded onto temporary memory (i.e., RAM) or |
| installed into the permanent memory (e.g., hard disk, CD-ROM or |
| other storage device) of a computer. Installation of the Program on |
| a network server is strictly prohibited. Nothing in this Agreement |
| shall be construed as granting any right to use the Program on a |
| computer that is not owned or primarily used by you. |
| |
| 3. *Intellectual Property Ownership.* /In order to keep making cool |
| games in the future, we need to make sure that you understand who |
| owns the intellectual property rights to the Program./ All title, |
| ownership rights and intellectual property rights in and to the |
| Program and any and all copies thereof (including but not limited to |
| all copyrights, trademarks, trade secrets, trade names, proprietary |
| rights, patents, titles, computer code, themes, objects, characters, |
| character names, stories, dialog, catch phrases, locations, |
| concepts, artwork, animations, sounds, musical compositions, |
| audio-visual effects, methods of operation, moral rights, any |
| related documentation, and "applets" incorporated into the Program) |
| are owned by Hothead or its licensors. The Program is protected by |
| the copyright laws of Canada, the United States, international |
| copyright treaties and conventions and other laws. All rights are |
| reserved. The Program contains certain licensed materials and |
| Hothead's licensors may protect their rights in the event of any |
| violation of this Agreement. The Program may not be copied or |
| reproduced in any manner or medium, in whole or in part, without |
| prior written consent from Hothead. |
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| 4. *Responsibilities of End User.* /We've mentioned this before, but it |
| probably won't hurt to be a bit more detailed about what you're |
| agreeing to by licensing the Program. We want you to be able to |
| enjoy the games we make to the maximum extent possible, but our |
| lawyers tell us we have to set some rules about what you can and |
| can't do to keep from getting us in trouble (and to allow us to stay |
| in business and keep making cool new games). So by licensing the |
| Program you agree to the following:/ |
| 1. Subject to the license grant above, you may not, in whole or in |
| part, copy, photocopy, reproduce, translate, reverse engineer, |
| derive source code, modify, disassemble, decompile, modify or |
| create derivative works based on the Program or any part |
| thereof, or remove any proprietary notices or labels on the |
| Program without the prior written consent of Hothead. You may |
| not work around any technical limitations in the Program. |
| |
| 2. The Program is licensed to you as a single product. Its |
| component parts may not be separated for use on more than one |
| computer. |
| |
| 3. You are entitled to use the Program for your personal use, but |
| you are not entitled to sell, grant a security interest in or |
| transfer reproductions of the Program or otherwise distribute |
| copies of the Program to other parties in any way, nor to rent, |
| lease or license the Program to others without the prior written |
| consent of Hothead. |
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| 4. You are expressly prohibited from selling or otherwise profiting |
| from any levels, add-on packs, sequels or other items based upon |
| or related to the Program or created by use of any part of the |
| Program. If you create levels, add-on packs, sequels or other |
| items to the Program, including the construction of new levels |
| (collectively, the "Modifications"), you are subject to the |
| following restrictions: |
| 1. Modifications are considered separate from the Program in |
| the sense that they are not guaranteed or supported by |
| Hothead. However, by creating a Modification you shall be |
| deemed to have assigned in favour of Hothead all copyrights |
| and intellectual property rights to the Modifications; |
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| 2. your Modifications must require a full, licensed copy of the |
| Program to run; |
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| 3. your Modifications must not contain any libellous, |
| defamatory or other illegal material, material that is |
| scandalous or invades the rights of privacy or publicity of |
| any third party, or contain any trademarks, |
| copyright-protected work or other property of third parties; |
| |
| 4. your Modifications must be distributed solely for free. |
| Neither you nor any other person or party may sell them to |
| anyone, commercially exploit them in any way, or charge |
| anyone for using them without a license from Hothead. |
| |
| 5. The prohibitions and restrictions in this Section apply to |
| anyone in possession of the Program or any of your |
| Modifications. For greater certainty, notwithstanding anything |
| to the contrary in this Agreement, you are not permitted to |
| reverse engineer, decompile or disassemble the Program in any |
| way. Any copying of the Program not specifically allowed in this |
| Agreement is a violation of this Agreement. |
| |
| 5. *Compliance with Ratings.* /To keep the politicians from carrying |
| through on their threats to decide what video games you should and |
| shouldn't be able to play (and what developers can and can't |
| create), we need to make sure you understand the rating given to the |
| Program is important and that you agree to use the Program in |
| accordance with its rating./ The Program may consist of a video game |
| that has been rated by one or more ratings boards (a "Rating |
| Board"). By using the Program you expressly represent, warrant and |
| agree that: |
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| 1. you are aware of the rating (the "Rating") issued to the Program |
| by the applicable Rating Board in the jurisdiction in which you |
| reside or will otherwise be using the Program; |
| |
| 2. you are of an appropriate age to use the Program in accordance |
| with the Rating issued in such jurisdiction; |
| |
| 3. you will not permit use of the Program by those under the age |
| set out in the Rating in the jurisdiction in which you reside or |
| will otherwise be using or permitting use of the Program. |
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| YOU AGREE TO INDEMNIFY AND HOLD HARMLESS HOTHEAD FROM AND AGAINST |
| ANY CAUSE OF ACTION, ACTION, SUIT, PROCEEDING AGAINST OR DAMAGES OR |
| OTHER LIABILITY SUFFERED BY HOTHEAD IN CONNECTION WITH YOUR BREACH |
| OF THIS SECTION 5. |
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| 6. *No Transfer.* /What is this "transfer", you ask? It means that once |
| you accept, you can't sell or give the game to someone else./ You |
| may not transfer or assign this Agreement or any of your rights or |
| obligations under this Agreement. |
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| 7. *Termination.* /We hope this section never has to come into play (or |
| section 12 for that matter), as that means you are doing something |
| you shouldn't be under the terms of this Agreement (which would suck |
| for both of us, but more for you as it means we have to get our |
| lawyers involved)./ This Agreement is effective until the earlier of |
| (i) termination of this License Agreement by you or Hothead or (ii) |
| termination of this Agreement in the event you fail to comply with |
| any term contained herein, in which event this Agreement shall be |
| deemed to terminate automatically. You may terminate this Agreement |
| at any time by destroying all copies of the Program in your |
| possession. Hothead may, at its discretion, terminate this License |
| at any time upon notifying you of such termination (including by way |
| of public notice to all licensees of the Program). In such event |
| /(or if you are bad and are not complying with the terms of this |
| agreement)/, you must immediately destroy all copies of the Program |
| in your possession. Any license agreement to which you may have |
| previously agreed that governs your use of prior versions of the |
| Program is hereby terminated and is replaced by this agreement. The |
| provisions of Sections 3, 7, and 10-13 will survive any termination |
| of this Agreement. |
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| 8. *Updates; New Versions.* /We can't support all versions forever but |
| we will do our best to support the latest version that we have made |
| available./ Hothead may, in its sole discretion, provide updates or |
| new versions of the Program in the future. Hothead may provide such |
| updates or future versions subject to a separate license, which may |
| by its terms terminate this license pursuant to Section 7. Hothead |
| shall have no obligation to provide support or updates for the |
| Program. |
| |
| 9. *Export Controls.* /Don't be a criminal . . . I mean, what else can |
| we say here?/ You agree to comply with all applicable laws, |
| regulations, rulings and executive orders of any governmental |
| authority relating to the exportation or importation of the Program, |
| including but not limited to the export and destination control |
| regulations for Canadian goods. |
| |
| 10. *No Warranties.* /We have no idea what you have already on your |
| computer and what state or health your computer is in. The entire |
| risk arising out of use or performance of the Program remains with |
| you./ THE PROGRAM IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, |
| EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE |
| IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR |
| PURPOSE, OR NONINFRINGEMENT. ANY WARRANTY AGAINST INFRINGEMENT THAT |
| MAY BE PROVIDED IN SECTION 2-312(3) OF THE UNIFORM COMMERCIAL CODE |
| IN THE UNITED STATES AND/OR IN ANY OTHER COMPARABLE STATE, |
| PROVINCIAL OR FEDERAL STATUTE IS EXPRESSLY DISCLAIMED. Some |
| jurisdictions do not allow the exclusion or limitation of implied |
| warranties, so the above limitations may not apply to you to that |
| extent. |
| |
| 11. *Limitation of Liability.* HOTHEAD SHALL NOT BE LIABLE TO YOU, OR TO |
| ANY PERSON ACCESSING GAMEPLAY AS A RESULT OF THE LICENSE GRANTED TO |
| YOU, IN ANY WAY FOR LOSS OR DAMAGE OF ANY KIND RESULTING FROM YOUR |
| USE OF THE PROGRAM, INCLUDING, BUT NOT LIMITED TO, LOSS OF GOODWILL, |
| WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER |
| COMMERCIAL DAMAGES OR LOSSES ARISING OUT OF THE USE OF OR INABILITY |
| TO USE THE PROGRAM, EVEN IF HOTHEAD HAS BEEN ADVISED OF THE |
| POSSIBILITY OF SUCH DAMAGES. FURTHER, HOTHEAD SHALL NOT BE LIABLE IN |
| ANY WAY FOR THE LOSS OR DAMAGE TO ANY PLAYER CHARACTERS, ACCOUNTS, |
| STATISTICS OR USER PROFILE INFORMATION. YOU UNDERSTAND AND |
| ACKNOWLEDGE THAT HOTHEAD CANNOT AND WILL NOT BE RESPONSIBLE FOR ANY |
| INTERRUPTIONS OF ONLINE GAMEPLAY, INCLUDING, BUT NOT LIMITED TO ISP |
| DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES OR ANY OTHER EVENT WHICH |
| MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF ONLINE GAMEPLAY. Some |
| jurisdictions do not allow the exclusion or limitation of incidental |
| or consequential damages, so the above limitations may not apply to |
| that extent. In no event shall our total liability to you for any |
| and all damages, losses and causes of action (whether in tort, |
| contract or otherwise) exceed the amount paid by you for the |
| Program. |
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| 12. *Equitable Remedies.* /We need to make sure we can put a quick stop |
| to anyone doing something they shouldn't be under this agreement./ |
| You hereby agree that Hothead would be irreparably damaged if the |
| terms of this Agreement were not specifically enforced, and |
| therefore you agree that Hothead shall be entitled, without bond, |
| other security, or proof of damages, to appropriate equitable |
| remedies with respect to breaches of this Agreement, in addition to |
| such other remedies as Hothead may otherwise have available to it |
| under applicable laws. In the event any litigation is brought by |
| either party in connection with this Agreement, the prevailing party |
| in such litigation shall be entitled to recover from the other party |
| all the costs, attorneys' fees and other expenses incurred by such |
| prevailing party in the litigation. |
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| 13. *Miscellaneous* |
| 1. This Agreement shall be deemed to have been made and executed in |
| the Province of British Columbia, Canada and any dispute arising |
| hereunder shall be resolved in accordance with the law of |
| British Columbia. You agree that any claim asserted in any legal |
| proceeding by you against Hothead or its licensors shall be |
| commenced and maintained in a court located in Vancouver, |
| British Columbia having subject matter jurisdiction with respect |
| to the dispute between the parties. |
| |
| 2. Hothead reserves the right, at its sole discretion, to change, |
| modify, add to, supplement or delete any of the terms and |
| conditions of this Agreement, effective upon prior notice as |
| follows: Hothead will post notification of any such changes to |
| this Agreement on the its website, and may provide such other |
| notice as Hothead may elect in its sole discretion. |
| |
| 3. In the event that any provision of this Agreement shall be held |
| by a court or other tribunal of competent jurisdiction to be |
| unenforceable, such provision will be enforced to the maximum |
| extent permissible and the remaining portions of this Agreement |
| shall remain in full force and effect. |
| |
| 4. This Agreement constitutes and contains the entire agreement |
| between the parties with respect to the subject matter hereof |
| and supersedes any prior oral or written agreements. |
| |
| You hereby acknowledge that you have read and understand the |
| foregoing terms of this Agreement and agree that the act of using |
| the Program is an acknowledgment of your agreement to be bound by |
| the terms and conditions of this Agreement. You also acknowledge and |
| agree that this Agreement is the complete and exclusive statement of |
| the agreement between Hothead and you with regard to the subject |
| matter hereof and that this Agreement supersedes any prior or |
| contemporaneous agreement, either oral or written, and any other |
| communications between Hothead and you regarding the subject matter |
| hereof. |
| |
| /That's it! Not so bad, right? Thanks for supporting us and reading all |
| the way to the end./ |
