SOFTWARE LICENSE AGREEMENT
USE OF THIS PROGRAM IS SUBJECT TO THE SOFTWARE LICENSE TERMS SET FORTH BELOW. “PROGRAM” INCLUDES THE SOFTWARE EITHER DOWNLOADED IN CONJUNCTION WITH OR INCLUDED WITH THIS AGREEMENT, ANY PATCHES, UPDATES AND DOWNLOADABLE CONTENT ASSOCIATED WITH SUCH SOFTWARE, THE ASSOCIATED MEDIA, ANY PRINTED MATERIALS, ANY ON-LINE OR ELECTRONIC DOCUMENTATION, AND ANY AND ALL COPIES AND DERIVATIVE WORKS OF SUCH SOFTWARE AND MATERIALS. BY DOWNLOADING THE SOFTWARE AND/OR OPENING THIS PACKAGE AND/OR USING THE PROGRAM, YOU ACCEPT THE TERMS OF THIS LICENSE WITH DOWNPOUR INTERACTIVE LLC (“DOWNPOUR”).
LIMITED USE LICENSE. Downpour grants you the non-exclusive, non-transferable, limited right and license to use one copy of this Program solely and exclusively for your personal use. All rights not specifically granted under this Agreement are reserved by Downpour. This Program is licensed, not sold. Your license confers no title or ownership in this Program and should not be construed as a sale of any rights in this Program.
OWNERSHIP. All title, ownership rights and intellectual property rights in and to this Program and any and all copies thereof (including but not limited to any titles, computer code, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artwork, animation, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, and any related documentation, incorporated into this Program) are owned by Downpour or its licensors. This Program is protected by the copyright laws of the United States, international copyright treaties and conventions and other laws. This Program contains certain licensed materials and Downpour’s licensors may protect their rights in the event of any violation of this Agreement.
YOU SHALL NOT:
•Exploit this Program or any of its parts commercially, including but not limited to use at a cyber cafe, computer gaming center or any other location-based site. Downpour may offer a separate Site License Agreement to permit you to make this Program available for commercial use; see the contact information below.
•Sell, rent, lease, license, distribute or otherwise transfer this Program, or any copies of this Program, without the express prior written consent of Downpour.
•Reverse engineer, derive source code, modify, decompile, disassemble, or create derivative works of this Program, in whole or in part.
•Remove, disable or circumvent any proprietary notices or labels contained on or within the Program.
•Hack or modify (or attempt to modify or hack) the Program, or create, develop, modify, distribute or use any software programs, in order to gain (or allow others to gain) advantage of this Program in an on-line multiplayer game settings including but not limited to local area network or any other network play or on the internet.
•Export or re-export this Program or any copy or adaptation in violation of any applicable laws or regulations.
WARRANTY DISCLAIMER. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PRODUCT IS PROVIDED “AS IS” AND DOWNPOUR DOES NOT WARRANT THAT THE PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE PRODUCT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ALL OF THE PRODUCT CONTENT WILL BE ACCURATE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, DOWNPOUR EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE, AND NON-INFRINGEMENT.
LIMITATION ON DAMAGES. IN NO EVENT WILL DOWNPOUR BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, USE OR MALFUNCTION OF THE PROGRAM, INCLUDING DAMAGES TO PROPERTY, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, EVEN IF DOWNPOUR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DOWNPOUR’S LIABILITY SHALL NOT EXCEED THE ACTUAL PRICE PAID FOR THE LICENSE TO USE THIS PROGRAM. SOME STATES/COUNTRIES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS AND/OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND/OR EXCLUSION OR LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.
TERMINATION. Without prejudice to any other rights of Downpour, this Agreement will terminate automatically if you fail to comply with its terms and conditions. In such event, you must destroy all copies of this Program and all of its component parts.
INJUNCTION. Because Downpour would be irreparably damaged if the terms of this Agreement were not specifically enforced, you agree that Downpour 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 Downpour may otherwise have under applicable laws.
INDEMNITY. You agree to indemnify, defend and hold Downpour, its partners, affiliates, contractors, officers, directors, employees and agents harmless from all damages, losses and expenses arising directly or indirectly from your acts and omissions to act in using the Product pursuant to the terms of this Agreement.
MISCELLANEOUS. This Agreement represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them. It may be amended only by a writing executed by both parties. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the remaining provisions of this Agreement shall not be affected. This Agreement shall be construed under North Carolina law as such law is applied to agreements between North Carolina residents entered into and to be performed within North Carolina, except as governed by federal law and you consent to the exclusive jurisdiction of the state and federal courts in Raleigh, North Carolina.