Services and software (“Products” or “Product”) and accompanying documentation are licensed and not sold. These Products are protected by copyright laws and treaties, as well as laws and treaties related to other forms of intellectual property. Absinthe Games, LLC or its subsidiaries, affiliates and suppliers (collectively “Absinthe Games”) own intellectual property rights in their Products. The Licensee’s (“you” or “your”) license to download, use, copy, or change the Products are subject to these rights and to all terms and conditions of this End User License Agreement (“Agreement” or “EULA”).
YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BY INSTALLING, USING OR COPYING THESE PRODUCTS. YOU MUST AGREE TO ALL OF THE TERMS OF THIS AGREEMENT OR YOU ARE NOT AUTHORIZED TO USE PRODUCTS AND SERVICES FROM ABSINTHE GAMES.
This Agreement entitles you to install and use our Products on any computer or device that is applicable for an individual Product in direct control of you. In addition, you may make one archival copy of the Product. The archival copy may only be used for reinstallation of the Product. This Agreement does not permit the copying, installation or use by parties other than the purchaser (you). In addition, any third party EULAs for particular hardware configurations such as Sony Playstation 4, Sony Playstation Vita, Sony Playstation 3, Microsoft Xbox One and Nintendo Wii U which allow and/or disallow installation of our Products on multiple devices within their network must be adhered to.
Restrictions on Transfer
Without first obtaining the express written consent of Absinthe Games, you may not assign your rights and obligations under this Agreement, or redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer your rights to our Products.
Restrictions on Use
You may not use, copy or install the Products on any system with more than one computer or permit the use, copying or installation of the Products by more than one user or on more than one computer unless otherwise authorized in our License Grant (above). If you hold multiple, validly licensed copies, you may not use, copy or install our Products on any system with more than the number of computers permitted by license or permit the use, copying or installation by more users or on more computers than the number permitted by license.
You may not decompile, “reverse-engineer”, disassemble or otherwise attempt to derive the source code for any of our Products.
You may not use the database portion of our Products in connection with any software other than the Product, itself.
Restrictions on Alteration
You may not modify the Products or create any derivative work of our Products or its accompanying documentation. Derivative works include, but are not limited to translations. You may not alter any files or libraries in any portion of our Products. You may not reproduce the database portion or create any tables or reports relating to the database portion.
Restrictions on Copying
You may not copy any part of our Products except to the extent that the licenses use inherently demands the creation of a temporary copy stored in computer memory and not permanently affixed on storage medium. You make make one archival copy.
Disclaimer of Warranties and Limitation of Liability
UNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY ABSINTHE GAMES, ABSINTHE GAMES MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OTHER THAN AS SET FORTH IN THIS AGREEMENT OR IN THE LIMITED WARRANTY DOCUMENTS PROVIDED WITH OUR PRODUCTS.
Absinthe Games makes no warranty that any of our Products will meet your requirements or operate under your specific conditions of use. Absinthe Games makes no warranty that operation of our Products will be secure, error free, or free from interruption. YOU MUST DETERMINE WHETHER OUR PRODUCTS SUFFICIENTLY MEET YOUR REQUIREMENTS FOR SECURITY AND UNINTERRUPTIBILITY. YOU BEAR SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED TO FAILURE OF OUR PRODUCTS TO MEET YOUR REQUIREMENTS. ABSINTHE GAMES WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE FOR THE LOSS OF PHYSICAL HARDWARE OR DATA ON ANY COMPUTER OR INFORMATION STORAGE DEVICE.
UNDER NO CIRCUMSTANCES SHALL ABSINTHE GAMES, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOUR OR ANY OTHER PARTY FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS OR LOSS OF BUSINESS) RESULTING FROM THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE, INSTALLATION, OR USE OF OUR PRODUCTS, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, OR THE NEGLIGENCE OF ABSINTHE GAMES OR ANY OTHER PARTY, EVEN IF ABSINTHE GAMES IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT THE APPLICABLE JURISDICTION LIMITS ABSINTHE GAMES’S ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, THIS DISCLAIMER SHALL BE EFFECTIVE TO THE MAXIMUM EXTENDED PERIOD.
Limitation of Remedies and Damages
Your remedy for a breach of this Agreement or of any warranty included in this Agreement is the correction or replacement of our Products. Selection of whether to correct or replace shall be solely at the discretion of Absinthe Games. Absinthe Games reserves the right to substitute functionally equivalent copies of our Products as a replacement. If Absinthe Games is unable to provide a replacement or substitute Product or corrections to the Product, your sole alternate remedy shall be a refund of the purchase price for the Product exclusive of any costs for shipping and handling.
Any claim must be made within the applicable warranty period. All warranties cover only defects arising under normal use and do not include malfunctions or failure resulting from misuse, abuse, neglect, alteration, problems with electrical power, acts of nature, unusual temperatures or humidity, improper installation, or damage determined by Absinthe Games to have been caused by you. All limited warranties on our Products are granted only to you and are non-transferrable. You agree to indemnify and hold Absinthe Games harmless from all claims, judgements, liabilities, expectations, expenses, or costs arising from your breach of this Agreement and/or acts or omissions.
Governing Law, Jurisdiction and Costs
This agreement is governed by the laws of Illinois, without regard to Illinois’s conflict or choice of law provisions.
If any provision of this Agreement shall be held to be invalid or unenforceable, the remainder of this agreement shall remain in full force and effect. To the extent any express or implied restrictions are not permitted by applicable laws, these express or implied restrictions shall remain in force and effect to the maximum extent permitted by such applicable laws.
Warranty of Products
The software and services provided by Absinthe Games, LLC are provided “as is” without warranty of any kind, either express or implied, including without limitation any implied warranties of condition, uninterrupted use, merchantability, fitness for a particular purpose, or non-infringement. No other third party may issue a warranty or guarantee on behalf of Absinthe Games.
December 13th, 2014