LEGEND OF GRIMROCK 2
END USER LICENSE AGREEMENT
THIS END USER LICENSE AGREEMENT IS A LEGAL AGREEMENT BETWEEN ALMOST HUMAN LTD AND YOU (EITHER AN INDIVIDUAL OR, IF ACQUIRED BY OR FOR AN ENTITY, AN ENTITY).
THE SOFTWARE IS LICENSED, NOT SOLD. ALMOST HUMAN LTD OWNS ALL INTELLECTUAL PROPERTY RIGHTS IN THE LEGEND OF GRIMROCK 2 COMPUTER GAME SOFTWARE AND PERMITS YOU TO USE THE LEGEND OF GRIMROCK 2 COMPUTER GAME SOFTWARE ONLY IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT.
THE USE OF THE LEGEND OF GRIMROCK 2 COMPUTER GAME SOFTWARE MAY REQUIRE AN ACTIVE STEAM ACCOUNT AND INSTALLATION OF STEAM CLIENT TO THE COMPUTER YOU WISH TO USE THE GAME FROM. IN SUCH A CASE THE STEAM CLIENT SHALL BE PROVIDED TOGETHER WITH THE GAME OR IT CAN BE OBTAINED FREE OF CHARGE FROM THE STEAM STORE LOCATED AT
HTTP://STORE.STEAMPOWERED.COM. BEFORE INSTALLING THE STEAM CLIENT AND/OR CREATING A STEAM ACCOUNT YOU MIGHT BE REQUIRED TO ACCEPT CERTAIN TERMS AND CONDITIONS OF VALVE CORPORATION THE OWNER OF STEAM.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING THE SOFTWARE MEDIA, INSTALLING, STARTING OR OTHERWISE USING THE LEGEND OF GRIMROCK 2 COMPUTER GAME SOFTWARE. ANY OF THE ABOVE ACTIONS INDICATE THAT YOU HAVE READ ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, UNDERSTAND THEM, AND AGREE TO BE LEGALLY BOUND BY THOSE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL, USE OR ACCESS THE SOFTWARE.
1 DEFINITIONS
1.1 "Agreement" shall mean this License Agreement.
1.2 “Documentation†shall mean any online and/or electronic documentation, specifications, instructions, associated media and any other materials related to the Game as provided by Almost Human.
1.3 "Almost Human" shall mean Almost Human Ltd, Kalastajankuja Keilaranta 14 A, 0223150 Espoo, Finland, and its licensors, if any.
1.4 "Intellectual Property Rights" shall mean any and all intellectual property rights including but not limited to patents, copyrights, trademarks, trade secrets, trade names, titles, computer codes, characters, character names, stories, dialog, settings, artwork, theme, sounds effects, know-how, moral rights, registrations, applications, and rights to apply therefore, whether issued or pending and whether registerable or not.
1.5 "License" shall mean the right to use the Game under this Agreement.
1.6 "Licensee" shall mean You.
1.7 "Party" or "Parties" shall refer to the parties of this Agreement.
1.8 "Game" shall mean the computer game software titled “Legend of GrimrockLEGEND OF GRIMROCK 2â€, licensed under this Agreement.
1.9 "Use" or "Using" means to access, download, install, copy, load, run and operate or otherwise benefit from using the functionality of the Game solely in accordance with the Documentation.
2 GRANT OF LICENSE
2.1 Subject to the terms and conditions of this Agreement and the Documentation Almost Human hereby grants You during the validity of this Agreement a world-wide, non-transferable, non-exclusive, non-sublicensable, revocable right and license to use the Game for Your personal purposes and download one back-up copy of the Game and operate the Game for that purpose.
2.2 You hereby acknowledge and agree that the License gives You only limited License and all rights, title and interest, including but not limited to all intellectual property rights in and to the Game, new versions, upgrades, updates, modifications, enhancements or copies thereof, and the ownership rights to the Game shall solely remain with Almost Human and/or its licensors.
2.3 You may use the Game for Your personal purposes and You may install the Game for this purpose in multiple computers to be used one at a time. You may make one back-up copy of the Game, only to be used in the event that the original copy of the Game fails to function, is lost, damaged or destroyed. You warrant that You will make no other copies of the Game and will not allow, authorize or assist others to copy any part or all of the Game in any form without the prior written approval of Almost Human.
2.4 The Software may allow you to create content, including but not limited to gameplay maps, screenshots or a video of your game play. In exchange for use of the Game, and to the extent that your contributions through use of the Game give rise to any copyright, design right or any other intellectual or industrial property right you hereby grant Almost Human an exclusive, royalty-free, perpetual, irrevocable, fully transferable and sub-licensable worldwide right and license to use your contributions in any way and for any purpose including, but not limited to the rights to reproduce, copy, adapt, modify, perform, display, publish, broadcast, transmit, or otherwise communicate to the public by any means whether now known or unknown and distribute your contributions without any further notice or compensation to you of any kind for the whole duration of protection granted to intellectual and industrial property rights by applicable laws and international conventions. If not expressly prohibited by mandatory legislation, you hereby waive any moral rights of paternity, publication, reputation, or attribution with respect to Almost Human's and other players' use and enjoyment of such assets in connection with the Software and related goods and services under applicable law. This license grant to Almost Human, and the above waiver of any applicable moral rights, survives any termination of this License.
2.5 The License is valid only for as long as this Agreement is in force and the Licensee operates under the terms and conditions of this Agreement.
2.6 For avoidance of doubt, notwithstanding anything to the contrary, the Parties expressly agree that the license terms or any other terms of this Agreement may be altered by written agreement of the Parties.
3 LICENSE RESTRICTIONS
3.1 The Licensee shall neither cause nor permit any reverse engineering, disassembling, decompilation, translation, modification, adaptation of the Game or extraction of any part of the Game or otherwise attempt to learn the inner workings, source code, structure, algorithms, artwork or ideas underlying in the Game. Licensee is expressly prohibited from adapting, modifying, revising, improving, upgrading, enhancing and creating derivative works of the Game for any purpose including error correction or any other type of maintenance, except as expressly allowed in the Documentation.
3.2 Licensee warrants that it will not commercially exploit, sell, license, lease, rent, loan, lend, transmit, network, or otherwise distribute or transfer the Game, or any copies of the Game, in any manner to any third party.
4 RIGHTS TO THE GAME
4.1 Any and all proprietary and Intellectual Property Rights associated with or arising from the Game and related materials and Documentation belong and remain solely with Almost Human and/or its licensors. All rights not expressly granted to you herein are reserved by Almost Human.
4.2 The License shall not give the Licensee any ownership or title to the Game or any related Documentation.
5 DISCLAIMER OF WARRANTY AND LIMITATIONS OF LIABILITY
5.1 THE GAME IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
5.2 ALMOST HUMAN HAS TESTED THE GAME EXTENSIVELY IN A NUMBER OF DIFFERENT SETUPS, PCS AND PERSONAL COMPUTERS AND ALSO TESTED IT AGAINST ANY KNOWN VIRUSES, BUT YOU ASSUME THE ENTIRE RISK AS TO THE USAGE, RESULTS AND PERFORMANCE OF THE GAME. ALMOST HUMAN AND ITS AUTHORIZED DISTRIBUTORS ASSUME NO RESPONSIBILITY FOR THE ACCURACY OR APPLICATION OF OR ERRORS OR OMISSIONS IN THE GAME.
5.3 LICENSEE ACKNOWLEDGES THAT ALMOST HUMAN HAS NO CONTROL OVER LICENSEE'S USE OR EXPLOITATION OF THE GAME. LICENSEE THEREFORE AGREES TO INDEMNIFY AND HOLD ALMOST HUMAN HARMLESS AGAINST ANY COSTS, CLAIMS, DEMANDS, EXPENSES AND LIABILITIES OF WHATSOEVER NATURE BY ANY THIRD PARTY ARISING FROM SUCH USE OR EXPLOITATION.
5.4 IN NO EVENT SHALL ALMOST HUMAN OR ITS AUTHORIZED DISTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE GAME, EVEN IF ALMOST HUMAN OR ITS AUTHORIZED DISTRIBUTORS HAVE BEEN ADVISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING. ALMOST HUMAN AND ITS AUTHORIZED DISTRIBUTORS SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGES OR COSTS, ARISING OUT OF, BUT NOT LIMITED TO, LOST PROFITS OR REVENUE, LOSS OF USE OF THE GAME OR THE MEDIA, LOSS OF DATA OR EQUIPMENT, THE COSTS OF RECOVERING THE GAME, THE MEDIA, DATA OR EQUIPMENT, THE COST OF SUBSTITUTE GAME, MEDIA, DATA OR EQUIPMENT OR CLAIMS BY THIRD PARTIES, OR OTHER SIMILAR COSTS.
5.5 SINCE LOCAL LEGISLATION IN SOME COUNTRIES DOES NOT ALLOW ANY EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; THE ABOVE LIMITATIONS OR EXCLUSIONS MAY APPLY TO YOU ONLY PARTLY OR NOT AT ALL.
5.6 IN ANY EVENT, IF ANY STATUTE IMPLIES WARRANTIES OR CONDITIONS NOT STATED IN THIS LICENSE AGREEMENT, ALMOST HUMAN'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS LICENSE AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY LICENSEE TO LICENSE THE GAME.
6 TERMINATION OF THE LICENSE
6.1 This Agreement will terminate automatically if you fail to comply with its terms and conditions. In such event, you must destroy all copies of the Software and all of its component parts and cease and desist from accessing any service components of the Software. With regards to Software delivered on a physical storage medium you can end this Agreement by destroying the Software and all copies and reproductions of the Software and deleting and permanently purging the Software from any client server or computer on which it has been installed.
7 INDEMNITY
7.1 You agree to indemnify, defend and hold Almost Human, its partners, licensors, affiliates, contractors, officers, directors, shareholders, employees and agents harmless from all damages, losses and expenses arising directly or indirectly from your acts and omissions to act in using the Game pursuant to the terms of the Agreement.
8 MISCELLANEOUS
8.1 No delay by either Party in enforcing the provisions of this Agreement shall prejudice or restrict its rights nor shall any waiver of rights operate as a waiver of any subsequent breach.
8.2 If any provision of this Agreement or the application of any such provision would be invalid, void or unenforceable and/or should be held by a Court of competent jurisdiction to be contrary to law, the remaining provisions of this Agreement shall remain in full force and effect to the maximum extent permissible by the applicable law.
8.3 This Agreement is made, executed and delivered in Espoo, Finland and any controversy arising hereunder or relation to this Agreement shall be governed by and construed in accordance with the laws of Finland, excluding its choice of law provisions. The parties hereto hereby agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement and is strictly excluded in all proceedings.
8.4 In the event of any dispute between Licensee and Almost Human under this Agreement, the Parties agree that they shall negotiate with each other in good faith in an attempt to resolve the dispute prior to any commencement of proceedings.
8.5 All disputes arising in connection with this Agreement, its negotiations, performance, breach, existence or validity shall be determined by final arbitration in Helsinki, Finland, in accordance with the Arbitration Rules of the International Chamber of Commerce, in the English language. The Parties agree to be bound by the arbitrator's decision. However, if the Licensee is considered to have a status of a consumer, Almost Human might and is fully capable of choosing another jurisdiction and forum such as forum of domicile of the Licensee. In such a case the applicable law of the proceedings will be the national trade law or, when obligatory, the consumer legislation of the said forum. This might be especially applicable to those consumers residing in the European Union.
8.6 I acknowledge that I have the authority to execute this Agreement on behalf of the Licensee and I further acknowledge and agree that this Agreement constitutes a valid and legally binding obligation on the part of the Licensee.
8.7 BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION AGAINST ALMOST HUMAN.
IF YOU HAVE ANY QUESTIONS CONCERNING THIS LICENSE, YOU MAY CONTACT
contact@almosthumangames.com.
