Software End User License Agreement
THIS END USER LICENSE AGREEMENT ("EULA") IS A BINDING LEGAL AGREEMENT BETWEEN ANDREAS ILLIGER AND YOU AND, IF APPLICABLE, THE COMPANY OR OTHER LEGAL ENTITY YOU REPRESENT (COLLECTIVELY, "YOU" AND "YOUR") REGARDING THE GAME SOFTWARE THAT YOU ARE INSTALLING, INCLUDING ANY ACCOMPANYING MANUAL OR OTHER RELATED MATERIAL PROVIDED BY ANDREAS ILLIGER AS PART OF, OR IN CONNECTION, THEREWITH (COLLECTIVELY, THE "GAME").
BY CLICKING THE "I ACCEPT THE AGREEMENT" BUTTON BELOW, OR BY OTHERWISE CONTINUING TO INSTALL, DOWNLOAD, COPY, ACCESS OR USE THE GAME, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE, YOU MUST SELECT THE "I DO NOT ACCEPT THE AGREEMENT" BUTTON AND YOU MAY NOT CONTINUE TO INSTALL, DOWNLOAD, COPY, ACCESS OR USE THE GAME.
1. LICENSE GRANT AND RESTRICTIONS.
1.1 License Grant. Andreas Illiger hereby grants to you a non-exclusive license to use a single copy of the object code version of the Game for your personal, use on one personal computer or other compatible electronic device. You may sell or transfer your copy of the Game to another person along with, and subject to, your rights under this EULA, only if you do not retain any copies.
With the uncommercial version of the game you are only allowed to use the game for non-commercial home entertainment use. With the commercial version of the game you are allowed to sell or process the music which you produced with the game or giving puplic concerts with the game. Any other commercial use with the commercial version of the game is not allowed.
1.2 Restrictions. You may not (i) decompile, disassemble or reverse engineer the Game or otherwise attempt to gain access to its source code, except to the extent that such restrictions are expressly prohibited by law; (ii) copy, offer for public display or create derivative works thereof, except to the extent that such restrictions are expressly prohibited by law; (iii) rent, lease, loan, sublicense or distribute the Game, or offer it on a pay-per-play, coin-op or other for charge (or free) basis even not with the commercial version of the game; (iv) use the Game to infringe the copyrights or other intellectual property rights of others in any way; (v) modify or delete the copyright and other proprietary rights notices on or in the Game.
1.3 Additional Restrictions for Trial Versions. If the Game was provided to you for trial use for a limited period of time and/or number of uses, you agree not to use the Game beyond the expiration or termination of the trial period. You acknowledge and agree that the Game may include code designed to prevent you from exceeding these limits, and that such code may remain on your computer or device after deletion of the Game to prevent you from installing another copy of the Game and repeating the trial.
2. TERMINATION. This EULA is effective until terminated. You may terminate this EULA at any time by uninstalling the Game and destroying all copies of the Game in your possession or control. Andreas Illiger may terminate this EULA immediately upon notice to you if you breach any of its terms or conditions. Upon termination of this EULA, you agree to immediately uninstall the Game and destroy all copies of the Game.
3. GAME OWNERSHIP. The Game is the copyrighted proprietary material of Andreas Illiger and/or its third-party licensors and is subject to copyright protection under German copyright law and international copyright treaties, as well as other intellectual property laws and treaties. Andreas Illiger and/or its third-party licensors retain all right, title, and interest in the Game (and any copies thereof) and specifically reserve all rights not expressly granted under this EULA.
4. NO WARRANTY. ANDREAS ILLIGER AND ITS SUPPLIERS MAKE NO, AND HEREBY DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED AND STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS WITH RESPECT TO THE SOFTWARE. ANDREAS ILLIGER AND ITS SUPPLIERS DO NOT WARRANT THAT THE SOFTWARE IS ERROR-FREE, SECURE, VIRUS-FREE OR THAT ACCESS TO THE SOFTWARE WILL BE UNINTERRUPTED AND WITHOUT COMPROMISE TO SECURITY SYSTEMS. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SOFTWARE IS "AS IS," AND "AT YOUR OWN RISK."
5. LIMITATION OF LIABILITY. NO PROVISIONS OF THIS EULA SHALL APPLY TO LIMIT LIABILITY ARISING FROM DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE OR FOR FRAUD. OTHERWISE, IN NO EVENT WILL ANDREAS ILLIGER TOTAL AGGREGATE LIABILITY TO YOU FOR DIRECT DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS EULA AND/OR YOUR USE OF THE GAME EXCEED THE AMOUNT PAID BY YOU FOR THE GAME. IN NO EVENT WILL ANDREAS ILLIGER BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR ANY OTHER TYPE OF DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES RELATING TO LOST PROFITS, LOSS OF DATA, PRIVACY, NEGLIGENCE OR OTHER DUTY OF CARE), EVEN IF ONE OR MORE OF THE ANDREAS ILLIGER PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6. BASIS OF THE BARGAIN; EXCLUSIONS. The disclaimers of warranties and limitations of liability set forth above are fundamental elements of the basis of the agreement between you and ANDREAS ILLIGER. You understand and agree that ANDREAS ILLIGER would not be able to economically or reasonably provide the Game to you without these limitations. HOWEVER, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES AND/OR THE LIMITATION OF INDIRECT DAMAGES AS SET FORTH IN SECTIONS 4 AND 5 ABOVE, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
7. INDEMNIFICATION. You agree to indemnify, defend and hold harmless the ANDREAS ILLIGER Parties, including their respective employees, officers, directors and personnel from any claims, losses, damages, liabilities, including attorneys' fees, arising out of your violation of this EULA and/or your use or misuse of the Game.
9. MISCELLANEOUS. You agree to comply with all German and foreign laws related to your use of the Game. This is the entire agreement between you and ANDREAS ILLIGER relating to the subject matter herein and replaces any and all previous representations, agreements, understandings or communications, whether written or oral. This EULA may not be modified except in writing, signed by both parties. If a court of competent jurisdiction declares any provision of this EULA to be void or unenforceable, then such provision will be interpreted, construed or reformed to the extent reasonably required to render it valid, enforceable and consistent with the original intent underlying such provision, and such invalidity or unenforceability will not affect any other provision of this EULA. The English language version of this EULA will control its interpretation.
11. NOTICES; HOW TO CONTACT ANDREAS ILLIGER. The Game is made available to you by ANDREAS ILLIGER. ANDREAS ILLIGER may be contacted via its website (http://www.microsia.de).