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    Lost Vikings EULA TXT 20140331

    Uploaded by

    Luka

    Copyright:

    © All Rights Reserved
    Download as TXT, PDF, TXT or read online from Scribd

    Lost Vikings EULA TXT 20140331

    Uploaded by

    Luka
    50 views3 pages

    Original Title

    Lost Vikings EULA txt 20140331.txt

    Copyright

    © © All Rights Reserved

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    TXT, PDF, TXT or read online from Scribd

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    Copyright:

    © All Rights Reserved
    Download as TXT, PDF, TXT or read online from Scribd
    Download as txt, pdf, or txt
    50 views3 pages

    Lost Vikings EULA TXT 20140331

    Uploaded by

    Luka

    Copyright:

    © All Rights Reserved
    Download as TXT, PDF, TXT or read online from Scribd
    Download as txt, pdf, or txt
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    THIS SOFTWARE PROGRAM IS LICENSED, NOT SOLD.

    BY INSTALLING, OR OTHERWISE USING THE


    PROGRAM (DEFINED BELOW), YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF
    YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO INSTALL
    OR USE THE PROGRAM.

    This Lost Vikings interactive game, and all files that are delivered to you by
    Blizzard Entertainment, Inc. (via on-line transmission or otherwise) to "patch,"
    update, or otherwise modify the software program, as well as all printed materials
    and electronic documentation (the "Manual"), together with any and all copies and
    derivative works of such software program and Manual (collectively, the "Program")
    is the copyrighted work of Blizzard Entertainment, Inc. or its licensors
    (collectively, "Blizzard"). Any and all uses of the Program are governed by the
    terms of this License Agreement (the "License Agreement" or "Agreement"). The
    Program is distributed solely for use by authorized end users according to the
    terms of this License Agreement. Any use, reproduction, modification or
    distribution of the Program not expressly authorized by the terms of this License
    Agreement is expressly prohibited.

    1. Grant of Limited Use License. Subject to your agreement to and continuing


    compliance with this License Agreement, Blizzard hereby grants, and you hereby
    accept, a limited, non-transferable, non-sublicensable, non-exclusive license to
    install and use a single copy of the Program on your computer or gaming unit
    (e.g., Apple iPad), for your noncommercial entertainment purposes. This license
    granted is subject to the following limitations, and you agree that you will not:

    In whole or in part, copy or reproduce (except as provided herein),


    translate, reverse engineer, derive source code from, modify, disassemble,
    decompile, or create derivative works based on the Program;

    Use cheats, automation software (bots), hacks, or any other unauthorized


    third-party software designed to modify the Program experience, including without
    limitation, mods that violate the terms of this License Agreement or the Terms of
    Use;

    Exploit the Program or any of its parts for any commercial purpose without
    Blizzards express permission;

    Modify or cause to be modified any files that are a part of the Program in
    any way not expressly authorized by Blizzard;

    Host, provide or develop matchmaking services for the Program or intercept,


    emulate or redirect the communication protocols used by Blizzard in any way, for
    any purpose, including without limitation, unauthorized play over the internet,
    network play (except as expressly authorized by Blizzard), or as part of content
    aggregation networks;

    Facilitate, create or maintain any unauthorized connection to the Program,


    including without limitation (a) any connection to any unauthorized server that
    emulates, or attempts to emulate, the Program; and (b) any connection using third
    party programs or tools; or

    Attempt to sell, sublicense, rent, lease, grant a security interest in or


    otherwise transfer any copy of the Program or your rights to the Program to any
    other party in any way not expressly authorized herein.

    2. Export. The Program may not be re-exported, downloaded or otherwise exported


    into (or to a national or resident of) any country to which the U.S. has embargoed
    goods, or to anyone on the U.S. Treasury Department's list of Specially Designated
    Nationals or the U.S. Commerce Department's Table of Denial Orders. You represent
    and warrant that you are not located in, under the control of, or a national or
    resident of any such country or on any such list.

    3. Limited Warranty. Blizzard warrants that the media containing the Program shall
    be free from defects in material and workmanship for a period of 90 days from the
    date of your purchase of the Program. In the event that the media containing the
    Program proves to be defective during that time period, Blizzard will at its option
    (a) correct any defect, (b) provide you with a similar product of similar value, or
    (c) refund your money when you present Blizzard with proof of purchase of the
    defective media. THIS IS YOUR SOLE AND EXCLUSIVE REMEDY FOR THE EXPRESS WARRANTY
    SET FORTH IN THIS SECTION. THE PROGRAM (INLUDING WITHOUT LIMITATION THE PROGRAM
    SOFTWARE AND MANUAL(S)) IS 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
    NONINFRINGEMENT. The entire risk arising out of the use or performance of the
    Program (including without limitation the program software and manual(s)) remains
    with you, the user. Some jurisdictions do not allow the exclusion or limitation of
    implied warranties, so the above limitations may not apply to you.

    If you are a resident of Australia, the benefits provided to you by this Limited
    Warranty are in addition to other rights or remedies you may have under local laws
    related to the goods to which the warranty applies. Our goods come with guarantees
    that cannot be excluded under the Australian Consumer Law. You are entitled to a
    replacement or refund for a major failure and compensation for any other reasonably
    foreseeable loss or damage. You are also entitled to have the goods repaired or
    replaced if the goods fail to be of acceptable quality and the failure does not
    amount to a major failure. The provisions of this clause containing the Limited
    Warranty and the clause containing the Limitation of Liability and Indemnity below
    apply only to the extent permitted by the Competition and Consumer Act 2010 (Cth).
    The entitlement to a replacement or a refund for a major failure is not subject to
    Blizzards option. To submit a warranty claim to Blizzard, please call 1800 041 378
    or send to PO Box 544, Pyrmont NSW 2009 Australia. The user is responsible for the
    costs of returning media to Blizzard.

    4. Limitation of Liability. NEITHER BLIZZARD NOR ITS PARENT, SUBSIDIARIES OR


    AFFILIATES SHALL BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING
    OUT OF THE PROGRAM OR ANY USE OF THE PROGRAM, INCLUDING WITHOUT LIMITATION LOSS OF
    DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER OR GAMING UNIT FAILURE OR
    MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES. NEITHER BLIZZARD NOR ITS
    PARENT, SUBSIDIARIES OR AFFILIATES SHALL BE LIABLE IN ANY WAY FOR ANY LOSS OR
    DAMAGE TO ACCOUNTS, STATISTICS, OR USER STANDINGS, RANKS, OR PROFILE INFORMATION
    STORED BY THE PROGRAM. BLIZZARD SHALL NOT BE RESPONSIBLE FOR ANY INTERRUPTIONS OF
    SERVICE, INCLUDING WITHOUT LIMITATION ISP DISRUPTIONS, SOFTWARE OR HARDWARE
    FAILURES, OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF
    SERVICE. IN NO EVENT WILL BLIZZARD BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL,
    SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES.

    5. Indemnification. You hereby agree to defend, indemnify and hold Blizzard


    harmless from and against any claim, liability, loss, injury, damage, cost or
    expense (including reasonable attorneys' fees) incurred by Blizzard arising out of
    or from (a) your use of the Program; and (b) your violation of any provision of
    this Agreement. Some states do not allow the exclusion or limitation of incidental
    or consequential damages, so the above limitations may not apply to you.

    6. Termination. Blizzard may terminate this Agreement at any time should you fail
    to comply with the terms of this License Agreement. Upon termination, you must
    destroy all copies of this Program and all of its component parts, and remove the
    Program from your computer or gaming unit.

    7. Miscellaneous. This License 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. This License Agreement can be
    amended only by an instrument in writing signed by each of the parties. If any
    provision of this Agreement is found to be unenforceable, that provision shall be
    severed and the remainder of the Agreement shall be given full force and effect.
    This License Agreement shall be governed by, and will be construed under, the Laws
    of the United States of America and the law of the State of Delaware, without
    regard to choice of law principles. The application of the United Nations
    Convention on Contracts for the International Sale of Goods is expressly excluded.
    For our customers who purchased a license to the Program in, and are a resident of
    Canada, other laws may apply if you choose not to agree to arbitrate as set forth
    above; provided, however, that such laws shall affect this Agreement only to the
    extent required by such jurisdiction. In such a case, this Agreement shall be
    interpreted to give maximum effect to the terms and conditions hereof. Those who
    choose to access the Program from locations outside of the United States and Canada
    do so on their own initiative and are responsible for compliance with local laws if
    and to the extent local laws are applicable.

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