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YOU SHOULD CAREFULLY READ THE FOLLOWING END USER LICENSE AGREEMENT BEFORE INSTALLING THIS SOFTWARE PROGRAM. BY INSTALLING, COPYING, OR OTHERWISE USING THE GAME, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PROMPTLY CONTACT YOUR PLACE OF PURCHASE REGARDING ITS RETURN POLICY FOR THE SOFTWARE PRODUCT.
This software program on CD-ROM or DVD-ROM ("CD-ROM") or applicable files which Sleepy Giant Entertainment, Inc. and its partners (together "Publisher") may make available for direct download, and any files that are delivered to you by us (via on-line transmission or otherwise) to "patch," update, or otherwise modify the software program, as well as any printed materials and any on-line or electronic documentation (the "Manual"), and any and all copies and derivative works of such software program and materials (collectively, along with the "Game Client" defined below, the "Game") are the copyrighted work of Publisher. Your use of the Game is governed by the terms of this End User License Agreement ("License Agreement" or "Agreement") and a separate Terms of Service Agreement (“Terms of Service”) to which you much also agree to play the game. The Game may only be played by obtaining from Publisher access to the on-line game service (the "Service"), which is subject to a separate Terms of Service agreement (the "Terms of Service"). If your purchase of the Game included a period of "free access" to the Service, the Terms of Service agreement also governs your access to the Service during the period of "free access." The Game is distributed solely for use by authorized end users according to the terms of this License Agreement. Any use, reproduction or redistribution of the Game not expressly authorized by the terms of this License Agreement is expressly prohibited.
1. Grant of a Limited Use License.
The Game installs computer software (hereafter referred to as the "Game Client") onto your hardware to allow you to play the Game through your account with the Service (your "Account"). Publisher hereby grants, and by installing the Game Client you thereby accept, a limited, non-exclusive license and right to install the Game Client for your personal use on one (1) or more computers which you own or which are under your personal control. All use of the Game Client is subject to this License Agreement and to the Terms of Service agreement, which you must accept before you can use your Account to play the Game through access to the Service. As discussed in Section 12, Publisher reserves the right to change this Agreement and the Terms of Service at any time. Such changes shall be posted on our website http://www.gongonline.com. Your continued use of the Game constitutes your acceptances of such updates, modifications, or changes.2. Service and Terms of Service.
As mentioned above, you must accept the separate Terms of Service agreement in order to access the Service to play the Game. The Terms of Service agreement governs all aspects of game play. You may view the Terms of Service by visiting the following website: http://www.gongonline.com If you do not agree with the Terms of Service, then you should not register for an Account to play the Game. Once you accept the Terms of Service and register an Account, the purchase price of the Game and any payments for the Game or Service will not be refunded to you if you choose not to continue to use the Service.3. Ownership.
A. All title, ownership rights and intellectual property rights in and to the Game and all copies thereof (including, but not limited to, any titles, computer code, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artwork, character inventories, structural or landscape designs, animations, sounds, musical compositions, audio-visual effects, storylines, character likenesses, methods of operation, moral rights, any related documentation, and "applets" incorporated into the Game) are owned or licensed by Publisher. The Game is protected by the copyright laws of the United States, international copyright treaties and conventions, and other laws. All rights are reserved. The Game may contain certain licensed materials, and the owners of those materials may enforce their rights in the event of any violation of this License Agreement.
B. You may not transfer ownership of the Game, any parts thereof, nor any of your rights and obligations under the License Agreement, to another.
C. Release. You hereby release and covenant not to hold liable Publisher or its affiliates, or any of their licensees, assigns or successors, for any and all damages, liabilities, causes of action, judgments or claims (a) pertaining to any intellectual property you assert to have been developed by you or any third party that interacts with, uses, or relates to the Game; and (b) which otherwise may arise in connection with your use of, reliance on, or reference to the Game. Publisher retains the Intellectual Property Rights in and to the Game and any derivative works thereto created by or for any other person or entity.
4. Responsibilities of End User.
A. Subject to the Grant of License hereinabove, you may not, in whole or in part, copy, photocopy, reproduce, translate, reverse engineer, derive source code, modify, disassemble, decompile, or create derivative works based on the Game, or remove any proprietary notices or labels on the Game. Failure to comply with the restrictions and limitations contained in this Section 4 shall result in the immediate, automatic termination of the license granted hereunder and may subject you to civil and/or criminal liability.
B. You agree that you shall not, under any circumstances:
- (i) sell, grant a security interest in or transfer reproductions of the Game to other parties in any way not expressly authorized herein, nor shall you rent, lease or sublicense the Game to others;
- (ii) exploit the Game or any of its parts, including, but not limited to, the Game Client, for any commercial purpose;
- (iii) host, provide or develop matchmaking services for the Game or intercept, emulate or redirect the communication protocols used by Publisher in any way, including, without limitation, through protocol emulation, tunneling, packet sniffing, modifying or adding components to the Game, use of a utility program or any other techniques now known or hereafter developed, for any purpose, including, but not limited to, unauthorized network play over the Internet, network play utilizing commercial or non-commercial gaming networks or as part of content aggregation networks; or
- (iv) create or maintain, under any circumstance, any unauthorized connections to the Game or the Service. All connections to the Game and/or the Service, whether created by the Game Client or by other tools and utilities, may only be made through methods and means expressly approved by Publisher. Under no circumstances may you connect, or create tools that allow you or others to connect, to the Game's proprietary interface or interfaces other than those expressly provided by Publisher for public use.
5. Termination.
This License Agreement is effective until terminated. You may terminate the License Agreement at any time by (i) destroying all copies of the Game in your possession; (ii) removing the Game Client from your hard drive; and (iii) notifying Publisher of your intention to terminate this License Agreement by contacting us via our website at http://www.gongonline.com. Publisher may, at its sole discretion, terminate this License Agreement in the event that you fail to comply with the terms and conditions contained herein, or the terms and conditions contained in the Terms of Use. In such event, you must immediately destroy all copies of the Game in your possession and remove the Game Client from your hard drive. Upon termination of this Agreement for any reason, all licenses granted herein shall immediately terminate. Publisher may discontinue the Game and terminate this Agreement at its sole discretion at any time after ten days advance notice posted on its website http://www.gongonline.com.6. Export Restrictions and Controls.
You acknowledge that the Game may be subject to international rules that govern the export of software. You agree to comply with all applicable international and national laws that apply to the Game as well as end-user, end-use and destination restrictions issued by national governments. You will cooperate with Sleepy Giant as necessary to ensure compliance with the laws and regulations of the United States and all other relevant countries, relating to exports and re-exports. The Game 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. By installing the Game, you are agreeing to the foregoing, and you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list.
7. Patches and Updates.
Publisher may deploy or provide patches, updates and modifications to the Game that must be installed for the user to continue to play the Game. You consent to Publisher updating the Game remotely, including, without limitation, the Game Client residing on your machine, without advance or other notice to you, and you hereby grant to Publisher your consent to deploy and apply such patches, updates and modifications to the Game by push, pull, or any other technology now known or hereinafter developed.
8. Duration of the "Online" Component of the Game.
This Game is an 'online' game that must be played over the Internet through the Service, as provided by Publisher. You understand and agree that the Service is provided by Publisher at its discretion and may be terminated or otherwise discontinued by Publisher pursuant to the Terms of Service.
9. Limited Warranty.
Publisher expressly disclaims any warranty for the Game, including the Game Client and Manual(s).
THE GAME, GAME CLIENT AND MANUAL(S) ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF CONDITION, DEFECTS, USE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, OR NONINFRINGEMENT.
The entire risk arising out of use or performance of the Game, Game Client and Manual(s) remains with the user.
THE FOREGOING IS YOUR SOLE AND EXCLUSIVE REMEDY FOR THE EXPRESS WARRANTY SET FORTH IN THIS SECTION. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR LIABILITY FOR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE GAME IS TO DEINSTALL AND CEASE USE OF SUCH GAME.
10. Limitation of Liability.
NEITHER PUBLISHER NOR ITS SUBSIDIARIES OR AFFILIATES SHALL BE LIABLE IN ANY WAY FOR LOSS OR DAMAGE OF ANY KIND RESULTING FROM THE USE OF THE GAME, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES. ANY WARRANTY AGAINST INFRINGEMENT THAT MAY BE PROVIDED IN SECTION 2-312(3) OF THE UNIFORM COMMERCIAL CODE AND/OR IN ANY OTHER COMPARABLE STATE STATUTE IS EXPRESSLY DISCLAIMED. FURTHER, PUBLISHER SHALL NOT BE LIABLE IN ANY WAY FOR THE LOSS OR DAMAGE TO PLAYER CHARACTERS, ACCOUNTS, STATISTICS OR USER PROFILE INFORMATION STORED BY THE GAME AND/OR THE SERVICE. PUBLISHER SHALL NOT BE RESPONSIBLE FOR ANY INTERRUPTIONS OF SERVICE, 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 SERVICE. IN NO EVENT WILL PUBLISHER BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES.
Some states do not allow the exclusion or limitation of incidental or consequential damages, or allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you.
11. Equitable Remedies.
You hereby agree that Publisher would be irreparably damaged if the terms of this License Agreement were not specifically enforced, and therefore you agree that Publisher shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this License Agreement, in addition to such other remedies as Publisher may otherwise have available to it under applicable laws.
12. Changes to the Agreement.
Publisher reserves the right, at its sole discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this License Agreement when Publisher upgrades the Game Client, effective upon prior notice as follows: Publisher will post notification of any such changes to this License Agreement on the Game website and will post the revised version of this License Agreement in this location, and may provide such other notice as Publisher may elect in its sole discretion, which may include by email, postal mail or pop-up screen. If any future changes to this License Agreement are unacceptable to you or cause you to no longer be in compliance with this License Agreement, you may terminate this License Agreement in accordance with Section 5 herein. Your installation and use of any updated or modifications to the Game or your continued use of the Game following notice of changes to this Agreement as described above will mean you accept any and all such changes. PUBLISHER MAY CHANGE, MODIFY, SUSPEND, OR DISCONTINUE ANY ASPECT OF THE GAME AT ANY TIME. Publisher may also impose limits on certain features or restrict your access to parts or all of the Game without notice to you. You agree that you have no interest, monetary or otherwise, in any feature or content contained in the Game.
13. Jurisdiction's Restrictions.
f you are residing in a jurisdiction which restricts the use of internet-based applications according to age, or which restricts the ability to enter into agreements such as this agreement according to age and you are under such a jurisdiction and under such age limit, you may not enter into this Agreement and download, install or use the Game.
14. Relationship between the Parties.
The relationship between you and Publisher is that of licensee/licensor. Neither party will represent that it has any authority to assume or create any obligation, express or implied, on behalf of the other party, nor to represent the other party as agent, employee, franchisee, or in any other capacity.
15. Representations and Warranties.
You represent and warrant that all information provided by you is true and accurate and complete, and that you are authorized to enter into this Agreement and comply with its terms. Furthermore, you represent and warrant that you will at any and all times meet with your obligations hereunder, as well as any and all laws, regulations and policies that may apply to the use of the Game.
