EULA
End User License Agreement for PaleStar and the GameCQ
IMPORTANT - PLEASE READ CAREFULLY: This End User License Agreement for PaleStar and Associated Use of GameCQ ("Agreement") is a legally binding agreement between the individual and/or entity to which the PaleStar and related documentation accompanying this Agreement ("Software") is provided ("you") and PaleStar, Inc. ("PS") for use of the Software and PS's on-line Internet Lobby know as GameCQ. By clicking on the "Accept" button during the Software installation process or by downloading, installing, accessing on-line, copying or using the Software, or by accessing on-line or using GameCQ, you indicate your acceptance of this Agreement. If you are an individual accepting this Agreement on behalf of an entity, you represent that you have authority to enter into this Agreement on behalf of such entity. If you do not agree to the terms of this Agreement, do not click on the "Accept" button during the Software installation process or download, install, access, copy or use the Software, or access or use GameCQ.
1. GRANT OF LICENSE. Subject to the payment of the applicable license fees, and subject to the terms and conditions of this Agreement, PaleStar hereby grants to you a non-exclusive, non-transferable license to use one copy of the accompanying Software solely for private, non-commercial entertainment purposes, including using the Software to connect via the Internet to GameCQ. You may install one copy of the Software on one computer only.
2. RESTRICTIONS.
2.1 SOFTWARE AND GAMECQ. You may not rent, lease, loan, sublicense or resell the Software or access to GameCQ. You may not permit third parties to benefit from the use or functionality of the Software or GameCQ via a network, timesharing, service bureau or other arrangement, nor use the Software or GameCQ for any other commercial purpose. You may not transfer any of the rights granted to you under this Agreement. You may not reverse engineer, decompile, disassemble, modify, nor create derivative works based upon, the Software or GameCQ, in whole or in part. You may not copy any part of the Software or GameCQ, including without limitation, screen shots. You may not remove any proprietary notices or labels on the Software. All rights not expressly granted to you are reserved by PS.
2.2 GAMECQ CONDUCT. In connection with your use of the Software and GameCQ, you agree not to engage in any conduct that violates applicable law, regulation, the accepted norms of the Internet community, or any other terms or conditions established by PS with respect to use of GameCQ, whether or not expressly mentioned in this Agreement. PS reserves the right at all times to prohibit activities that damage or threaten to damage its commercial reputation, goodwill, or the integrity of PS's property or network resources or those of GameCQ. By way of example, and not as a limitation, you agree not to: · Use GameCQ in connection with surveys or contests (unless initiated by PS), pyramid schemes, chain letters, junk or bulk email, spamming or any duplicative or unsolicited messages (commercial or otherwise). · Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others. · Publish, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information. · Harvest or otherwise collect information about others, including email addresses, without their consent. · Create a false identity for the purpose of misleading others as to the identity of the sender or the origin of a message. · Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity that is not a GameCQ member any directory of the GameCQ members or other user or usage information or any portion thereof other than as expressly permitted by PS. · Transmit or upload any material that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious computer code. · Transmit or upload any material that contains software or other material protected by intellectual property laws, rights of privacy or publicity or any other applicable law unless you own or control the rights thereto or have received all necessary consents. · Interfere with or disrupt connections to the GameCQ or violate the regulations, policies or procedures of any third party Internet service provider, or of PS which may be posted on the GameCQ. · Attempt to gain unauthorized access to GameCQ, other accounts, computer systems or networks connected to the GameCQ, through password mining or any other means. · Violate any applicable laws or regulations including, without limitation, laws regarding the transmission of technical data or software exported from the United States through the service. · Interfere with another user's use and enjoyment of GameCQ or another individual's or entity's use and enjoyment of similar services. · Solicit or collect personal information from a child 12 years old or younger without appropriate prior verifiable parental consent.
3. TERM; TERMINATION. This Agreement shall be effective from the date you accept this Agreement for an unlimited duration unless and until earlier terminated as set forth herein. This Agreement will terminate automatically if you fail to comply with any of the limitations or other requirements described herein. Upon any termination or expiration of this Agreement, you agree to cease use of the Software and GameCQ, destroy all copies of the Software in your possession and delete the Software from any computer on which it has been installed.
4. OWNERSHIP RIGHTS. The Software, which includes, without limitation, graphics, logos, layouts, music, text and all accompanying material, and all aspects of GameCQ, are protected by United States copyright laws and international treaty provisions. PS and/or its suppliers and affiliated entities own and retain all rights, title and interest in and to the Software and GameCQ, including all copyrights, patent rights, trade secret rights, trademarks and other intellectual property rights therein. Your possession, installation, or use of the Software or GameCQ does not transfer to you any title to the intellectual property in the Software or GameCQ, and you will not acquire any rights thereto except as expressly set forth in this Agreement or any other agreement governing use of GameCQ.
5. WARRANTY AND EXCLUSIVE REMEDY. PaleStar warrants that for sixty (60) days from the date of original purchase, the media on which the Software is provided will be free from defects in materials and workmanship under normal use. PaleStar's and its suppliers' entire liability and your exclusive remedy for any breach of the foregoing warranty shall be, at PaleStar's option, either (i) return of the purchase price paid for the Software, if any, or (ii) replacement of the defective media on which the Software is provided. You must return the defective media to PaleStar at your expense with a copy of your receipt evidencing purchase. This limited warranty is void if the defect has resulted from accident, abuse, or misapplication. Any replacement media will be warranted for the remainder of the original warranty period. Outside the United States, this remedy is not available to the extent PaleStar is subject to restrictions under United States export control laws and regulations.
6. DISCLAIMER. EXCEPT AS STATED IN SECTION 5, THE SOFTWARE AND GAMECQ ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, AND PS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, LACK OF VIRUSES, ACCURACY OR COMPLETENESS OF RESPONSES, AVAILABILITY, RELIABILITY, RESULTS, LACK OF NEGLIGENCE OR LACK OF WORKMANLIKE EFFORT, QUIET ENJOYMENT, QUIET POSSESSION, AND CORRESPONDENCE TO DESCRIPTION. YOU ASSUME FULL RESPONSIBILITY FOR USE OF THE SOFTWARE AND GAMECQ, AND FOR DETERMINING THEIR SUITABILITY FOR YOUR PURPOSES AND INTENDED RESULTS. WITHOUT LIMITING THE FOREGOING PROVISIONS, PS MAKES NO WARRANTY THAT THE SOFTWARE OR GAMECQ WILL BE ERROR-FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT THE SOFTWARE OR GAMECQ WILL MEET YOUR REQUIREMENTS. SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THE FOREGOING PROVISIONS SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
7. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL PS OR ITS SUPPLIERS OR AFFILIATED ENTITIES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION, OR FOR ANY AND ALL OTHER DAMAGES OR LOSSES WHATSOEVER. SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU. THE FOREGOING PROVISIONS SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
8. U.S. GOVERNMENT RESTRICTED RIGHTS. The Software is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)1(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights 48 CFR 52.227-19, as applicable. Manufacturer is PaleStar, Inc., 1500 Scenic Drive, Suite 105, Austin, TX 78703.
9. MISCELLANEOUS. This Agreement is governed by the laws of the United States and the State of Texas, without reference to conflict of laws principles, and the parties agree that the sole location and venue for any litigation which may arise hereunder shall be Travis County, Texas. This Agreement sets forth all of your rights with respect to the Software and GameCQ and is the entire agreement between the parties, and supersedes any other communications with respect to the Software or GameCQ, except to the extent such communications originate from PS and expressly supersede or modify this Agreement. This Agreement may not be modified except by PS as stated in the preceding sentence. No provision hereof shall be deemed waived unless such waiver shall be in writing and signed by PS or a duly authorized representative of PS. If any provision of this Agreement is held to be invalid or unenforceable, it will be construed to have the broadest interpretation which would make it valid and enforceable. Invalidity and un-enforceability of one provision shall not affect any other provision of this Agreement. The provisions of this Agreement entitled "Restrictions," "Ownership Rights," "Disclaimer," "Limitation of Liability" and "Miscellaneous" shall survive any termination or expiration of this Agreement. The parties confirm that it is their wish that this Agreement has been written in the English language only.
PADRIFF� 2000 - 2014 PaleStar Inc. All rights reserved worldwide.
