COGS-EULA

COGS-EULA (text/plain), 16.38 KB, created by Piotr Szymaniak on 2011-10-19 21:15:13 UTC

                     Cogs End User License Agreement (EULA)

   YOU SHOULD CAREFULLY READ THE FOLLOWING END USER LICENSE AGREEMENT BEFORE
   USING THIS SOFTWARE PROGRAM. BY USING THIS SOFTWARE PROGRAM, YOU AGREE TO
   BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS
   OF THIS AGREEMENT, CEASE ALL USE OF THIS SOFTWARE.

   This software program, including any electronic documentation
   (collectively, the "Program"), any printed materials, and any and all
   copies of such Program and materials are the copyrighted work of Lazy 8
   Studios, LLC. ("Lazy 8") and/or its affiliates or subsidiaries, and/or its
   suppliers or licensors. All rights are reserved, except as expressly
   stated below. Your use of the Program is governed by the terms of this End
   User License Agreement (the "License Agreement"). The Program is solely
   for use by end users according to the terms of the License Agreement. Any
   use, reproduction or redistribution of the Program not in accordance with
   the terms of the License Agreement is expressly prohibited.

    1. Thank You. We, Lazy 8 Studios, would first like to thank you for
       licensing the Program. We know you probably don't care much for
       reading through EULAs, but our lawyers want to make sure we keep
       control and ownership of the stuff we and our licensors have spent so
       much time, effort and energy developing. In order to keep developing
       cool stuff that we hope provides you hours and hours of entertainment
       and fun, we have to make sure you understand and agree that you are
       just buying the right to use the Program and that there are certain
       limits to your rights to use the Program. What follows is what you
       need to agree to before you can use the Program.

    2. Limited Use License. Like we mentioned above, you are buying the right
       to use the Program, not the rights to the Program itself. Lazy 8
       hereby grants, and by using the Program you thereby accept, a limited,
       non-exclusive license and right to install and/or use the Program on
       your personal computers belonging or primarily used by you (for
       example, on your home computer(s) and a laptop) with the express
       understanding that the Program is licensed, not sold, and that your
       license confers no title or ownership of the Program. If you wish to
       use the Program on more computers than the program automatically
       allows, Lazy 8's customer support may (in its sole discretion)
       increase the number of computers on which the Program may be used on a
       case by case basis. If you need to increase any limits the game places
       on the number of installs you can use, simply contact us and we'll be
       happy to adjust the settings on your license code to make this
       happen. This license is not a sale of the original software program
       (which means that the fee you paid gives you the right only to use the
       Program). To avoid any misunderstandings, the license granted
       hereunder is for one individual person and the Program will be deemed
       in "use" on a computer when it is loaded onto temporary memory (i.e.,
       RAM) or installed into the permanent memory (e.g., hard disk, CD-ROM
       or other storage device) of a computer. Installation of the Program on
       a network server is strictly prohibited. Nothing in this Agreement
       shall be construed as granting any right to use the Program on a
       computer that is not owned or primarily used by you.

    3. Intellectual Property Ownership. In order to keep making cool games in
       the future, we need to make sure that you understand who owns the
       intellectual property rights to the Program. All title, ownership
       rights and intellectual property rights in and to the Program and any
       and all copies thereof (including but not limited to all copyrights,
       trademarks, trade secrets, trade names, proprietary rights, patents,
       titles, computer code, themes, objects, characters, character names,
       stories, dialog, catch phrases, locations, concepts, artwork,
       animations, sounds, musical compositions, audio-visual effects,
       methods of operation, moral rights, any related documentation, and
       "applets" incorporated into the Program) are owned by Lazy 8 or its
       licensors. The Program is protected by the copyright laws of Canada,
       the United States, international copyright treaties and conventions
       and other laws. All rights are reserved. The Program contains certain
       licensed materials and Lazy 8's licensors may protect their rights in
       the event of any violation of this Agreement. The Program may not be
       copied or reproduced in any manner or medium, in whole or in part,
       without prior written consent from Lazy 8.

    4. Responsibilities of End User. We've mentioned this before, but it
       probably won't hurt to be a bit more detailed about what you're
       agreeing to by licensing the Program. We want you to be able to enjoy
       the games we make to the maximum extent possible, but our lawyers tell
       us we have to set some rules about what you can and can't do to keep
       from getting us in trouble (and to allow us to stay in business and
       keep making cool new games). So by licensing the Program you agree to
       the following:

         1. Subject to the license grant above, you may not, in whole or in
            part, copy, photocopy, reproduce, translate, reverse engineer,
            derive source code, modify, disassemble, decompile, modify or
            create derivative works based on the Program or any part thereof,
            or remove any proprietary notices or labels on the Program
            without the prior written consent of Lazy 8. You may not work
            around any technical limitations in the Program.

         2. The Program is licensed to you as a single product. Its component
            parts may not be separated for use on more than one computer.

         3. You are entitled to use the Program for your personal use, but
            you are not entitled to sell, grant a security interest in or
            transfer reproductions of the Program or otherwise distribute
            copies of the Program to other parties in any way, nor to rent,
            lease or license the Program to others without the prior written
            consent of Lazy 8.

         4. You are expressly prohibited from selling or otherwise profiting
            from any levels, add-on packs, sequels or other items based upon
            or related to the Program or created by use of any part of the
            Program. If you create levels, add-on packs, sequels or other
            items to the Program, including the construction of new levels
            (collectively, the "Modifications"), you are subject to the
            following restrictions:

              1. Modifications are considered separate from the Program in
                 the sense that they are not guaranteed or supported by Lazy
                 8. However, by creating a Modification you shall be deemed
                 to have assigned in favour of Lazy 8 all copyrights and
                 intellectual property rights to the Modifications;

              2. your Modifications must require a full, licensed copy of the
                 Program to run;

              3. your Modifications must not contain any libellous,
                 defamatory or other illegal material, material that is
                 scandalous or invades the rights of privacy or publicity of
                 any third party, or contain any trademarks,
                 copyright-protected work or other property of third parties;

              4. your Modifications must be distributed solely for free.
                 Neither you nor any other person or party may sell them to
                 anyone, commercially exploit them in any way, or charge
                 anyone for using them without a license from Lazy 8.

         5. The prohibitions and restrictions in this Section apply to anyone
            in possession of the Program or any of your Modifications. For
            greater certainty, notwithstanding anything to the contrary in
            this Agreement, you are not permitted to reverse engineer,
            decompile or disassemble the Program in any way. Any copying of
            the Program not specifically allowed in this Agreement is a
            violation of this Agreement.

    5. No Transfer. What is this "transfer", you ask? It means that once you
       accept, you can't sell or give the game to someone else. You may not
       transfer or assign this Agreement or any of your rights or obligations
       under this Agreement.

    6. Termination. We hope this section never has to come into play (or
       section 11 for that matter), as that means you are doing something you
       shouldn't be under the terms of this Agreement (which would suck for
       both of us, but more for you as it means we have to get our lawyers
       involved). This Agreement is effective until the earlier of (i)
       termination of this License Agreement by you or Lazy 8 or (ii)
       termination of this Agreement in the event you fail to comply with any
       term contained herein, in which event this Agreement shall be deemed
       to terminate automatically. You may terminate this Agreement at any
       time by destroying all copies of the Program in your possession. Lazy
       8 may, at its discretion, terminate this License at any time upon
       notifying you of such termination (including by way of public notice
       to all licensees of the Program). In such event (or if you are bad and
       are not complying with the terms of this agreement), you must
       immediately destroy all copies of the Program in your possession. Any
       license agreement to which you may have previously agreed that governs
       your use of prior versions of the Program is hereby terminated and is
       replaced by this agreement. The provisions of Sections 3, 6, and 9-12
       will survive any termination of this Agreement.

    7. Updates; New Versions. We can't support all versions forever but we
       will do our best to support the latest version that we have made
       available. Lazy 8 may, in its sole discretion, provide updates or new
       versions of the Program in the future. Lazy 8 may provide such updates
       or future versions subject to a separate license, which may by its
       terms terminate this license pursuant to Section 6. Lazy 8 shall have
       no obligation to provide support or updates for the Program.

    8. Export Controls. Don't be a criminal . . . I mean, what else can we
       say here? You agree to comply with all applicable laws, regulations,
       rulings and executive orders of any governmental authority relating to
       the exportation or importation of the Program, including but not
       limited to the export and destination control regulations for American
       goods.

    9. No Warranties. We have no idea what you have already on your computer
       and what state or health your computer is in. The entire risk arising
       out of use or performance of the Program remains with you.THE PROGRAM
       IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR
       IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
       MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
       ANY WARRANTY AGAINST INFRINGEMENT THAT MAY BE PROVIDED IN SECTION
       2-312(3) OF THE UNIFORM COMMERCIAL CODE IN THE UNITED STATES AND/OR IN
       ANY OTHER COMPARABLE STATE, PROVINCIAL OR FEDERAL STATUTE IS EXPRESSLY
       DISCLAIMED. Some jurisdictions do not allow the exclusion or
       limitation of implied warranties, so the above limitations may not
       apply to you to that extent.

   10. Limitation of Liability. LAZY 8 SHALL NOT BE LIABLE TO YOU, OR TO ANY
       PERSON ACCESSING GAMEPLAY AS A RESULT OF THE LICENSE GRANTED TO YOU,
       IN ANY WAY FOR LOSS OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF
       THE PROGRAM, INCLUDING, BUT NOT LIMITED TO, LOSS OF GOODWILL, WORK
       STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER
       COMMERCIAL DAMAGES OR LOSSES ARISING OUT OF THE USE OF OR INABILITY TO
       USE THE PROGRAM, EVEN IF LAZY 8 HAS BEEN ADVISED OF THE POSSIBILITY OF
       SUCH DAMAGES. FURTHER, LAZY 8 SHALL NOT BE LIABLE IN ANY WAY FOR THE
       LOSS OR DAMAGE TO ANY PLAYER CHARACTERS, ACCOUNTS, STATISTICS OR USER
       PROFILE INFORMATION. YOU UNDERSTAND AND ACKNOWLEDGE THAT LAZY 8 CANNOT
       AND WILL NOT BE RESPONSIBLE FOR ANY INTERRUPTIONS OF ONLINE GAMEPLAY,
       INCLUDING, BUT NOT LIMITED TO ISP DISRUPTIONS, SOFTWARE OR HARDWARE
       FAILURES OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR
       DISRUPTION OF ONLINE GAMEPLAY. Some jurisdictions do not allow the
       exclusion or limitation of incidental or consequential damages, so the
       above limitations may not apply to that extent. In no event shall our
       total liability to you for any and all damages, losses and causes of
       action (whether in tort, contract or otherwise) exceed the amount paid
       by you for the Program.

   11. Equitable Remedies. We need to make sure we can put a quick stop to
       anyone doing something they shouldn't be under this agreement. You
       hereby agree that Lazy 8 would be irreparably damaged if the terms of
       this Agreement were not specifically enforced, and therefore you agree
       that Lazy 8 shall be entitled, without bond, other security, or proof
       of damages, to appropriate equitable remedies with respect to breaches
       of this Agreement, in addition to such other remedies as Lazy 8 may
       otherwise have available to it under applicable laws. In the event any
       litigation is brought by either party in connection with this
       Agreement, the prevailing party in such litigation shall be entitled
       to recover from the other party all the costs, attorneys' fees and
       other expenses incurred by such prevailing party in the litigation.

   12. Miscellaneous

         1. This Agreement shall be deemed to have been made and executed in
            the state of California and any dispute arising hereunder shall
            be resolved in accordance with the law of California. You agree
            that any claim asserted in any legal proceeding by you against
            Lazy 8 or its licensors shall be commenced and maintained in a
            court located in San Francisco, California having subject matter
            jurisdiction with respect to the dispute between the parties.

         2. Lazy 8 reserves the right, at its sole discretion, to change,
            modify, add to, supplement or delete any of the terms and
            conditions of this Agreement, effective upon prior notice as
            follows: Lazy 8 will post notification of any such changes to
            this Agreement on the its website, and may provide such other
            notice as Lazy 8 may elect in its sole discretion.

         3. In the event that any provision of this Agreement shall be held
            by a court or other tribunal of competent jurisdiction to be
            unenforceable, such provision will be enforced to the maximum
            extent permissible and the remaining portions of this Agreement
            shall remain in full force and effect.

         4. This Agreement constitutes and contains the entire agreement
            between the parties with respect to the subject matter hereof and
            supersedes any prior oral or written agreements.

       You hereby acknowledge that you have read and understand the foregoing
       terms of this Agreement and agree that the act of using the Program is
       an acknowledgment of your agreement to be bound by the terms and
       conditions of this Agreement. You also acknowledge and agree that this
       Agreement is the complete and exclusive statement of the agreement
       between Lazy 8 and you with regard to the subject matter hereof and
       that this Agreement supersedes any prior or contemporaneous agreement,
       either oral or written, and any other communications between Lazy 8
       and you regarding the subject matter hereof.

   That's it! Not so bad, right? Thanks for supporting us and reading all the
   way to the end.