END USER LICENSE AGREEMENT
Important notice to end user:
This is the End User License Agreement (EULA) for "Anodyne". Please read through this document carefully. By copying, installing, downloading, or otherwise using this game software, you agree that you understand accept, and comply with the terms set forth below. Failure to comply with these terms may result in enforcement actions against you.
This EULA is the binding legal agreement between you, the individual end user ("you"), and Analgesic Productions LLC ("Analgesic Productions", "we", "us"), a Limited Liability Company, for the download, purchase, and use of the game "Anodyne" ("Game"). For purposes of this Agreement the "Game" means collectively the interactive video game client "Anodyne" and all applicable clint software (including, among other things, installer softare, the game client, launcher software, and download management software) that you will or have installed on your computer, including all printed materials, digital or electronic documentation obtained by you through our website, http://www.anodynegame.com/, or by any other distribution channels now known or hereafter devised, regardless of the legal standing of that distributor.
Analgesic Productions owns all international copyrights in and to the Game including but not limited to, all images, code, graphics, data files, game elements, trade secrets, proprietary technology, sound effects, story, and dialogue. We prohibit any copying, reproduction, and circumvention of technology of the Game beyond the terms of this license. The Game is licensed to you, as opposed to being sold or assigned to you, and your continued legal use of the Game is contingent upon your compliance with this EULA.
Upon payment of applicable license fees, we hereby grant you the non-exclusive, non-transferrable, revocable, and limited right to license one copy of the Game for your personal, non-commercial use.
Unless given prior written permission from Analgesic Productions, you may not modify, distribute, transmit, display, perform, reproduce (except for one archival and backup copy as permitted by applicable laws), publish, license, create derivative works from, adapt, translate, sublicense, auction, rent, lease or sell all or any part of the Game. Notwithstanding the foregoing, if you are the proprietor of an Internet cafe or public gaming room, you may operate the Software in a pay-for-play environment, provided that all computers used have their own valid and individually licensed copy of the Game installed, such Game having been purchased digitally through our website or any other distribution mediums existing or hereafter devised. All rights not expressly granted are reserved by Us. You agree that you have no interest, monetary or otherwise, in any feature, content, or intellectual property contained in the Game.
Absent a valid distribution Agreement between you and Analgesic Productions LLC, you may not make the Game available on any third party network, FTP, internet website, torrent site, file-sharing service, intranet, or "cloud" whereby individuals other than you may download and install the Game. You further agree that you will not link to any such third party network, torrent, FTP, file-sharing service, intranet, or "cloud" that is not legally owned by Analgesic Productions LLC or its distributors.
We may make available, or authorize others to make available, both official and fan/end-user created localization files of the original game subject to the terms and conditions set forth in this EULA. These additional files are considered Game Assets and are subject to the same license restrictions set forth herein. Lawful purchasers of the original Game who elect to enable localized versions of the Game are bound to the terms of this EULA regardless of whether this EULA itself is localized.
All characters, events, and portrayals contained in the Game are purely fictional and any resemblance to real events or real individuals whether alive or dead is purely coincidental. We do not claim any rights or interest in or to existing trademarks, trade names, personalities or likenesses that may incidentally resemble an existing product, service, or person.
LIMITATION OF LIABILITY:
All Information, Content, Services, And Material Available In The Game And Software Are Provided On An "As Is" Basis. To The Full Extent Applicable By Law, We Disclaim Any Warranties Or Representations Of Any Kind, Express Or Implied, Including Any Warranty Of Merchantability Or Fitness For A Particular Purpose. We Do Not Warrant The Non-Infringement Of Intellectual Property or Proprietary Rights.
Your Purchase And Use Of The Game Is Done So At Your Own Risk. We Do Not Warrant That Your Ability To Play The Game Will Be Timely, Secure, Uninterrupted, Or Defect-Free. In No Event Will Analgesic Productions LLC (Including Its Officers, Directors, Employees, Or Agents) Nor Its Affiliates Be Liable For Direct, Indirect, Incidental, Special, Exemplary, Or Consequential Damages (Including But Not Limited To Lost Profits, Loss Of Business, Procurement Of Substitute Goods Or Services, Loss Of Use Or Loss Of Data, Or Business Interruption) However Caused And On Any Theory Of Liability, Whether In Contract, Strict Liability, Or Tort Arising In Any Way Out Of Purchase Or Use Of The Game.
In Addition, Analgesic Productions LLC And Its Licensors And Distributors Disclaim Any And All Warranties With Respect To The Privacy And Integrity Of The Computer Resources You Use To Operate The Software. Neither We Nor Our Licensors Or Distributors Shall Be Liable For Any Disruptions, Delays Or Other Omissions In Any Connection, Data Exchange Or Other Interaction That You May Experience When You Use The Game. Neither We Nor Our Licensors Or Distributors Shall Be Responsible For The Conduct Of Any Users Or Computers That Connect, Exchange Data, Or Otherwise Interact With You Or Your Computer As A Result Of Your Use Of The Game.
Analgesic Productions LLC Is Not Responsible For Any End User Generated Content Such As Mods Or Fan-Produced Localizations Of The Game. Your Use Of Any Modified Or Fan-Localized Version Of The Game Is Done At Your Sole Risk. We Are Not Responsible For The Cessation Of Any Part Of The Game Due To The Implementation Of Any Mod Or Localization.
DISPUTE RESOLUTION POLICY:
You agree to follow this Agreement's dispute resolution policy as set forth below in connection with any potential claims or disputes arising from your purchase and use of the Game:
Informal Negotiations. Parties to a dispute concerning this Agreement or purchase and use of the Game will attempt to informally negotiate a potential settlement or resolution to the dispute;
Online Arbitration. In the event that informal negotiations are unsuccessful, the parties agree to follow the American Arbitration Association.s online arbitration procedures to resolve the dispute.
Binding Arbitration. If for any reason online arbitration is unsuccessful or unavailable to the parties, parties agree to submit to binding arbitration in the jurisdiction of Chicago, Illinois.
Our failure to enforce at any time any of the provisions of this EULA or related agreements shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the right of any party to enforce each and every such provision. The express waiver by Analgesic Productions LLC of any provision, condition or requirement of this EULA or related agreements shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement. Notwithstanding anything else in this EULA, no default, delay or failure to perform on the part of Analgesic Productions LLC shall be considered a breach of this EULA if such default, delay or failure to perform is shown to be due to causes beyond our reasonable control.
Jurisdiction and Choice of Law. The validity, interpretation, and performance of this EULA are governed and controlled by the laws and regulations of the state of Illinois. In the event of a dispute you agree to submit to the personal and exclusive jurisdiction of the State and Federal Courts of Chicago, Illinois.
Severability. If any portion of this EULA is found invalid by any competent Court of Law, the invalidity will not affect other provisions or applications of the remainder of this EULA which can be given effect without the invalid portion.
Notification of Changes to this Agreement. We may from time to time change this Agreement. You agree that notification to you of these changes will be effective upon posting those notifications and changes on the Defender.s Quest web site.
Legal Fees. In the event that either party is required to obtain the assistance of an attorney in order to enforce the terms of this Agreement, the Party prevailing in such an enforcement action will be entitled to recovery of all reasonable attorney.s fees in connection with such action.
May 1st, 2013 by Sean Hogan