SOFTWARE LICENSE AGREEMENT
USE OF THIS SOFTWARE PROGRAM (AND ANY UPDATES), THE ASSOCIATED MEDIA, PRINTED MATERIALS, AND DOCUMENTATION (collectively, “Program”) IS SUBJECT TO THIS SOFTWARE LICENSE AND SERVICES AGREEMENT (“Agreement”). BY OPENING THIS PACKAGE, DOWNLOADING, INSTALLING, OR USING THE PROGRAM, YOU ACCEPT THE TERMS OF THIS AGREEMENT WITH Mega Cat Studios, Inc AND ITS AFFILIATES (“Mega Cat Studios”). IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO INSTALL, COPY OR USE THE PROGRAM.
USE OF CERTAIN FEATURES OF THE PROGRAM, INCLUDING ONLINE OR MULTIPLAYER COMPONENTS, OR UPDATED FEATURES, MAY REQUIRE ASSENT TO ADDITIONAL TERMS OF SERVICE. IF YOU DO NOT ASSENT TO ADDITIONAL TERMS OF SERVICE, YOU MAY NOT BE ABLE TO ACCESS OR USE ADDITIONAL GAME FEATURES.
LIMITED USE LICENSE
Mega Cat Studios grants you the non-exclusive, non-transferable, limited right and license to install and use one copy of the software component(s) of the Program solely for your personal use. All rights not specifically granted are reserved by Mega Cat Studios. The Program is licensed, not sold, for your use. Your license confers no title or ownership in the Program, and should not be construed as a sale of any rights in the Program.
This license is subject to the limitations specified in this paragraph (“License Limitations”). Any use of the Program in violation of the License Limitations will result in an immediate termination of your license, and continued use of the Program will be an infringement of Mega Cat Studios's copyrights in and to the Program. You agree that you will not do, or allow, any of the following: (1) exploit the Program commercially; (2) use the Program on more than one computer/console at the same time; (3) make copies of the Program, in whole or in part; (4) copy the Program onto a hard drive or other storage device unless the Program itself makes a copy during installation, or unless you are downloading the Program from an authorized Mega Cat Studios online retailer; (5) use the Program in a network, multi-user arrangement, or remote access arrangement, including any online use except as included in the Program functionality; (6) sell, rent, lease, license, distribute, or otherwise transfer the Program; (7) reverse engineer, derive source code, modify, decompile, disassemble, or create derivative works of the Program, in whole or in part; (8) hack or modify the Program, or create, develop, modify, distribute, or use any unauthorized software programs to gain advantage in any online or multiplayer game modes; (9) remove, disable, or circumvent any proprietary notices or labels contained on or within the Program; or (10) export or re-export the Program in violation of any applicable laws or regulations of the United States government.
All title, ownership rights, and intellectual property rights in and to the Program are owned by Mega Cat Studios, affiliates of Mega Cat Studios, or Mega Cat Studios's licensors. The Program is protected by the copyright laws of the United States, international copyright treaties, and conventions and other laws. The Program may contain certain licensed materials, and Mega Cat Studios's licensors may protect their rights in the event of any violation of this Agreement.
PATCHES AND UPDATES; PRIVACY
Mega Cat Studios warrants to the original consumer purchaser of this Program that the physical media on which this Program is stored will be free from defects in materials and workmanship for ninety (90) days from the date of original purchase. If the Program is found defective within 90 days of original purchase, Mega Cat Studios agrees in its sole discretion to either refund or replace (so long as the product is still being manufactured by Mega Cat Studios), free of charge, such defective Program within such period, upon its receipt of the Program (postage paid, with proof of the date of purchase). If the Program is no longer available, Mega Cat Studios retains the right to substitute similar goods of equal or greater value. This warranty is not applicable to normal wear and tear, and shall be void if the defect in the Program is found to be a result of abuse, unreasonable use, mistreatment or neglect of the Program. Except as set forth herein, this warranty is in lieu of all other warranties, express or implied. Any implied warranties prescribed by statute are expressly limited to the 90-day period described above.
LIMITATION OF DAMAGES
Mega Cat Studios SHALL NOT BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, USE, OR MALFUNCTION OF THE PROGRAM, INCLUDING DAMAGES TO PROPERTY, COMPUTER FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, EVEN IF Mega Cat Studios HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Mega Cat Studios’S LIABILITY SHALL NOT EXCEED THE ACTUAL PRICE PAID FOR THE LICENSE TO USE THE PROGRAM. SOME STATES/COUNTRIES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS AND/OR THE EXCLUSION OR LIMITATION OF DAMAGES, SO THE ABOVE LIMITATIONS AND/OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.
Without prejudice to any other rights of Mega Cat Studios, this Agreement will terminate automatically if you fail to comply with its terms and conditions. In such event, you must destroy all copies of the Program and all of its component parts. You may also terminate the Agreement at any time by permanently deleting any installation of the Program, and destroying all copies of the Program in your possession or control. The License Limitations, limitation on damages, limited warranty, indemnity, and miscellaneous provisions shall survive termination of this agreement.
Before playing this game, read the [Xbox One] system and accessory manuals for important safety and health information. [www.xbox.com/support].
Important Health Warning: Photosensitive Seizures
A very small percentage of people may experience a seizure when exposed to certain visual images, including flashing lights or patterns that may appear in video games. Even people with no history of seizures or epilepsy may have an undiagnosed condition that can cause photosensitive epileptic seizures while watching video games. Symptoms can include light-headedness, altered vision, eye or face twitching, jerking or shaking of arms or legs, disorientation, confusion, momentary loss of awareness, and loss of consciousness or convulsions that can lead to injury from falling down or striking nearby objects. Immediately stop playing and consult a doctor if you experience any of these symptoms. Parents, watch for or ask children about these symptoms—children and teenagers are more likely to experience these seizures. The risk may be reduced by being farther from the screen; using a smaller screen; playing in a well-lit room, and not playing when drowsy or fatigued. If you or any relatives have a history of seizures or epilepsy, consult a doctor before playing.
U.S. GOVERNMENT RESTRICTED RIGHTS
The Program has been developed entirely at private expense and is provided as “Commercial Computer Software” or “restricted computer software.” Use, duplication or disclosure by the U.S. Government or a U.S. Government subcontractor is subject to the restrictions set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clauses in DFARS 252.227-7013 or as set forth in subparagraph (c)(1) and (2) of the Commercial Computer Software Restricted Rights clauses at FAR 52.227-19, as applicable.
You agree to indemnify, defend, and hold Mega Cat Studios, its partners, affiliates, licensors, contractors, officers, directors, employees, and agents harmless from all damages, losses and expenses arising directly or indirectly from your breach of this Agreement and/or your acts and omissions in using the Program pursuant to the terms of this Agreement.
Because Mega Cat Studios would be irreparably damaged if the terms of this Agreement were not specifically enforced, you agree that Mega Cat Studios 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 other remedies Mega Cat Studios may have under applicable laws.
SERVICE PROVIDED CONTENT
“Service Provided Content” consists of those materials provided to Program users (e.g., unlockable content, accounts, stats, virtual assets, codes, and achievements) in connection with use of the Program. While the Program may allow you to “earn”, “buy”, or “purchase” Service Provided Content within or in connection with gameplay, you do not in fact own or have any property interest in the Service Provided Content. Unless otherwise specified in writing, any Service Provided Content that you receive is licensed to you as set forth herein, and you shall have no ownership right thereto. Unless specifically permitted by Mega Cat Studios, you may not, sell, lend, rent, trade, or otherwise transfer any Service Provided Content. Service Provided Content may be altered, removed, deleted, or discontinued by Mega Cat Studios (e.g., upon termination of this Agreement and/or cessation of online support for the Program).
AGREEMENT TO ARBITRATE; CHOICE OF LAW
You agree to resolve any claims relating to this Agreement through binding arbitration, except to the extent you have in any manner violated or threatened to violate Mega Cat Studios’s intellectual property rights (for example, trademark, trade secret, copyright, or patent rights). Under such circumstances Mega Cat Studios may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Program, or intellectual property infringement without first engaging in the arbitration process described herein. Any dispute or claim arising out of this Agreement shall be initiated through JAMS and determined in accordance with the JAMS Streamlined Arbitration Rules and Procedures in front of one arbitrator. You may participate via teleconference, mail, or video conference to the extent allowed in the rules. Mega Cat Studios will pay your arbitration fees (but not attorney’s fees) if the arbitrator rules that the payment of half of such fees would be a hardship on you. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. In any circumstances where the agreement to arbitrate disputes permits the parties to litigate in court, this Agreement shall be governed by the laws of the State of California, excluding its conflict of law rules. You further expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in Los Angeles, California
CLASS ACTION WAIVER
Any action brought by a party hereunder shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND Mega Cat Studios AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. You have the right to opt-out and not be bound by this class action waiver by sending written notice of your decision to opt-out to the following address: Mega Cat Studios Inc., 3559 Bigelow Boulevard, Pittsburgh, PA 15213, United States. The notice must be sent within 30 days of purchasing the Program (or if no purchase was made, then within 30 days of the date on which you first access or use the Program).
This Agreement is the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable and the remaining provisions of this Agreement shall not be affected.
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