| End User License Agreement (EULA) |
| |
| This Software Licensing Agreement ("Agreement") is a legal agreement between you and |
| GarageGames.com, Inc. ('GarageGames'). These are the only terms by which GarageGames permits |
| any use of the Software. |
| |
| GarageGames Licensing Agreement for Marble Blast. |
| |
| 1. The Software. |
| The Software licensed under this Agreement is the computer program entitled 'Marble Blast', |
| which consists of executable files, data files, and documentation. |
| |
| 2. Grant of License. |
| GarageGames grants you the nontransferable, nonexclusive right to use the Software in |
| accordance with the terms of this Agreement. |
| |
| YOU MAY: (i) load the software into RAM as well as install it on a hard disk or other |
| storage device, and (ii) make one copy for backup purposes. |
| |
| YOU MAY NOT: modify, translate, disassemble, reverse engineer, decompile, or create |
| derivative works based upon the Software. |
| |
| When you purchase the Software, you will receive the full registered version. You agree not |
| to distribute the registered version to others and to use it only for your own personal use. |
| You acknowledge that distribution of the registered version to others, whether intentional |
| or unintentional, could damage GarageGames both financially and professionally. Any |
| unauthorized distribution of your registered version will result in immediate and automatic |
| termination of your license, and may result in civil and criminal penalties. |
| |
| 3. Copyright. |
| The Software is owned by GarageGames and is protected by United States copyright laws and |
| international treaties. GarageGames reserves the exclusive copyright and all other rights, |
| title and interest to distribute the Software, and to use Trademarks in connection with |
| them. “Trademarks” refers to the name of the Software, the Software logo, the |
| name GarageGames, and the GarageGames logo. |
| |
| |
| 4. NO WARRANTY. |
| THE SOFTWARE IS PROVIDED "AS-IS". NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ARE MADE AS |
| TO IT OR ANY MEDIUM IT MAY BE ON. GARAGEGAMES WILL PROVIDE NO REMEDY FOR INDIRECT, |
| CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES ARISING FROM IT, INCLUDING SUCH FROM |
| NEGLIGENCE, STRICT LIABILITY, OR BREACH OF WARRANTY OR CONTRACT, EVEN AFTER NOTICE OF THE |
| POSSIBILITY OF SUCH DAMAGES. |
| |
| 5. Term. |
| The term of this license grant is perpetual. You may terminate this Agreement at any time by |
| destroying all copies of the Software in your possession. Your license to use the Software |
| will automatically terminate if you breach the terms of this Agreement. |
| |
| 6. General Provisions. |
| This Agreement is the sole and entire Agreement relating to the Software, and supercedes all |
| prior understandings, agreements, and documentation relating to the Software. If any |
| provision in this Agreement is held by a court of competent jurisdiction to be invalid, |
| void, or unenforceable, the remaining provisions will continue in full force without being |
| impaired or invalidated in any way. This Agreement will be governed by the laws of the State |
| of Oregon, without regard for its conflict of laws principles. With respect to every matter |
| arising under this Agreement, you consent to the exclusive jurisdiction and venue of the |
| state and federal courts sitting in Lane County, Oregon. This Agreement does not create any |
| agency or partner relationship. Your rights under this Agreement are personal and do not |
| include any right to sublicense the Software. |