End User License Agreement

THIS IS THE STANDARD END USER LICENSE AGREEMENT USED WITH ALL BOUNDING BOX GAMES LLC PRODUCTS AND IS PROVIDED HERE FOR REFERENCE.

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YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THIS PRODUCT. IT CONTAINS SOFTWARE AND OTHER CONTENT, THE USE OF WHICH IS LICENSED BY BOUNDING BOX GAMES LLC TO ITS CUSTOMERS FOR THEIR USE ONLY AS SET FORTH BELOW. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE THE SOFTWARE. USING ANY PART OF THE SOFTWARE FOLLOWING THIS AGREEMENT PAGE INDICATES THAT YOU ACCEPT THESE TERMS.

 

This software, media and other associated content (referred to as “Licensed Content”) is licensed, not sold, by Bounding Box Games LLC (“the Licensor”) to individuals (“You”, or “the Licensee”).

1.  GENERAL USE RIGHTS.

a.  In consideration of the license fee provided to Bounding Box Games LLC either directly or through an authorized supplier, You are granted the perpetual non-transferrable right to use the software for any legal purpose subject to the terms and conditions described within this agreement.

2.  GENERAL TERMS.

a.  You will use this Licensed Content only for personal entertainment.

b.  You agree to not use this software while driving or in any other situation where such use could conceivably result in the compromise of the safety or well being of any person or property.

c.  You agree to indemnify and hold Licensor harmless from any losses, claims, damages, awards, penalties, or injuries incurred, including reasonable attorney’s fees, which arise from any use of this software by the licensee.

3.  LIMITATIONS.

a.  No Deriving Source Code. You may not reverse engineer, decompile, or disassemble the Licensed Content, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

b.  No Redistribution. You may not sell, rent, lease, transfer, distribute, lend, sublicense, or assign copies of the Licensed Content, or any portion thereof (including any permitted modifications thereof) on a stand-alone basis or as part of any collection, product or service.

c.  Errors. You acknowledge and agree that the Licensed Content may include technical inaccuracies or errors.

d.  Changes, Updates. You acknowledge and agree to the following:

                   i.   Bounding Box Games LLC may make improvements or other changes in the Licensed Content at any time, however no updates are promised or guaranteed.

                 ii.   Any update may extend, change or remove previous functionality and You will update to newer versions only after independently confirming any changes in functionality are acceptable.

e.  You acknowledge the Licensor is under no obligation to provide access to any current or earlier version of the software after You obtain your initial copy of the Licensed Content.

4.  OWNERSHIP.

a.  This EULA only gives You some right to the Licensed Content. Unless otherwise allowed by applicable law, You may use the Licensed Content only as expressly permitted under this EULA. Bounding Box Games LLC reserves all other rights. Bounding Box Games LLC or its suppliers own the title, copyright, and other intellectual property rights in the Licensed Content. You may not remove or obscure any copyright, trademark or patent notices that appear on the Licensed Content. The Licensed Content is licensed, not sold.

b.  Customer Suggestions and Feature Requests. You agree that any feedback, suggestions for improvements or enhancements, or any concepts or other similar communications (referred as an “idea” or “ideas”) from You to Bounding Box Games LLC are ideas You are allowed to grant ownership of, and that by sending these ideas to Bounding Box Games LLC You are placing your idea(s) in the public domain, and that Bounding Box Games LLC shall have no obligation to respond, utilize, implement, give credit for the idea, or compensate You in any way for the act of placing your idea(s) in the public domain even if they eventually appear in an updated version of the Licensed Content or other products.

5.  LINKS TO THIRD PARTY SITES. You may link to third party sites through the use of the Licensed Content. The third party sites are not under the control of Bounding Box Games LLC, and Bounding Box Games LLC is not responsible for the contents of any third party sites, any links contained in third party sites, any changes or updates to third party sites, or how content retrieved from third party sites is presented within or used by the Licensed Content. Bounding Box Games LLC is not responsible for webcasting or any other form of transmission received from any third party sites. Bounding Box Games LLC is providing these links to third party sites to You only as a convenience, and the inclusion of any link does not imply an endorsement by Bounding Box Games LLC of the third party site.

6.  ADDITIONAL LICENSED CONTENT/SERVICES. This EULA applies to updates, supplements, add-on components, or Internet-based services components, of the Licensed Content that Bounding Box Games LLC may provide to You or make available to You after the date You obtain your initial copy of the Licensed Content, unless we provide other terms along with the update, supplement, add-on component, or Internet-based services component. Bounding Box Games LLC reserves the right to discontinue any Internet-based services provided to You or made available to You through the use of the Licensed Content.

7.  EXPORT RESTRICTIONS. You acknowledge that the Licensed Content is subject to U.S. export jurisdiction. You agree to comply with all applicable international and national laws that apply to the Licensed Content, including the U.S. Export Administration Regulations, as well as end-user, end-use, and destination restrictions issued by U.S. and other governments.

8.  TERMINATION. Without prejudice to any other rights, Bounding Box Games LLC may terminate this EULA if You fail to comply with the terms and conditions of this EULA. In such event, You must destroy all copies of the Licensed Content and all of its component parts. The following provisions of this EULA will survive any termination: All definitions and Sections 3 through 13.

9.  DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BOUNDING BOX GAMES LLC AND ITS SUPPLIERS PROVIDE THE LICENSED CONTENT AND SUPPORT SERVICES (IF ANY) AS IS AND WITH ALL FAULTS, AND BOUNDING BOX GAMES LLC AND ITS SUPPLIERS HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF RELIABILITY OR AVAILABILITY, OF ACCURACY OR COMPLETENESS OF RESPONSES, OF RESULTS, OF WORKMANLIKE EFFORT, OF LACK OF VIRUSES, AND OF LACK OF NEGLIGENCE, ALL WITH REGARD TO THE LICENSED CONTENT, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT THROUGH THE LICENSED CONTENT, OR OTHERWISE ARISING OUT OF THE USE OF THE LICENSED CONTENT. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE LICENSED CONTENT. THE ENTIRE RISK AS TO THE QUALITY, OR ARISING OUT OF THE USE OR PERFORMANCE OF THE LICENSED CONTENT, AND ANY SUPPORT SERVICES, REMAINS WITH YOU.

10.EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BOUNDING BOX GAMES LLC OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE LICENSED CONTENT, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT THROUGH THE LICENSED CONTENT, OR OTHERWISE ARISING OUT OF THE USE OF THE LICENSED CONTENT, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF BOUNDING BOX GAMES LLC OR ANY SUPPLIER, AND EVEN IF BOUNDING BOX GAMES LLC OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

11.LIMITATION OF LIABILITY AND REMEDIES. NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED HEREIN AND ALL DIRECT OR GENERAL DAMAGES IN CONTRACT OR ANYTHING ELSE), THE ENTIRE LIABILITY OF BOUNDING BOX GAMES LLC AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF THIS EULA AND YOUR EXCLUSIVE REMEDY HEREUNDER SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE LICENSED CONTENT FROM AN AUTHORIZED SUPPLIER OR US$1.00. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.

12.APPLICABLE LAW. This EULA is governed by the laws of the State of California, United States of America. Any legal actions related to this agreement shall be performed within the jurisdiction nearest the offices of Bounding Box Games LLC unless otherwise required by law.

13. ENTIRE AGREEMENT; SEVERABILITY. This EULA (including any addendum or amendment to this EULA which is included with the Licensed Content) are the entire agreement between You and Bounding Box Games LLC relating to the Licensed Content and the support services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Licensed Content or any other subject matter covered by this EULA. To the extent the terms of any Bounding Box Games LLC policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control. If any provision of this EULA is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.

 

Should You have any questions concerning this EULA, or if you desire to contact Bounding Box Games LLC for any reason, please send your communication to support@boundingboxgames.com

 

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