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LOZMARBLZ INC produce RECOG - The First Wave ("product").
This is our End-user license agreement for our product.
This EULA applies to all users ("you", "your", "user") using our product.
THIS EULA IS A LEGAL AGREEMENT.
YOU SHOULD READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING OR USING OUR PRODUCT.
THIS DOCUMENT IS AN AGREEMENT BETWEEN YOU AND US.
The headings used in this EULA are included for convenience only and will not limit or otherwise affect this EULA.
The third party links used in this EULA are included for convenience only and will not limit or otherwise affect this EULA.
This EULA give you specific legal rights, and you may also have other legal rights in addition, which vary from jurisdiction to jurisdiction.
Subject to the terms and restrictions set forth in this EULA, we grants you a limited, non-exclusive license to use the product, only in object code form, solely as embedded on the product which you own or control, and only for and in connection with your personal, non-commercial use of the product.
The copyright of any third party belongs to the third party.
Attributions and copyright notice are found in the "credits" portion of our product and may be subject change from time to time.
You may install one copy of the product on a single computer.
The primary user of the computer on which the product is installed may install a second copy of the product for his or her exclusive use on either a portable computer or a computer located at his or her home, provided the product on the portable or home computer is not used at the same time as the product on the primary computer.
You shall be solely responsible for all expenses incurred in your installation of the product.
The product and accompanying documentation may be copied only as essential for backup or archive purposes in support of your use of the product as permitted hereunder.
You must reproduce and include all copyright notices and any other proprietary rights notices appearing on the product on any copies that you make.
The product may or may not contains technological measures that are designed to prevent its unlicensed or illegal use.
The product may or may not contain enforcement technology that limits your ability to install and uninstall the product on a machine to no more than a finite number of times, and for a finite number of machines.
The product may or may not require activation as explained during installation.
If any such applicable activation procedure(s) is/are not followed, then the product may cease to function until activation has been completed, at which time functionality will be restored.
Except for the license granted herein, there are no other licenses, express or implied, granted to you.
You shall not and shall not permit any user to
(a) rent, loan, lease, assign, commercially exploit, sublicense or re-license rights to access and/or use the product;
(b) modify, disassemble, decompile or reverse engineer software included as part of the product;
(c) share activation codes;
(d) modify, adapt or translate; (with exceptions explained in the MODIFICATIONS section of this document)
(e) rent, loan, lease, assign, commercially exploit, sublicense or re-license all or any portion of the product;
(f) use the product as a hosted application, whether in connection with a facility management, timesharing, service provider, and/or service bureau arrangement or otherwise;
(g) create any derivative works of all or any portion of the product or documentation (with exceptions explained in the MODIFICATIONS section of this document)
or (h) use the product in any way not expressly provided for in this document.
Any derivative works created in violation of this EULA shall be our sole and exclusive property without waiver or limitation of our other rights and remedies with respect to such violation.
You may not use a previous version of the product after receiving an upgrade as a replacement to a prior version.
You may not use the product in the operation of any equipment in which the failure thereof could lead to personal injury, death, or damage to property.
You shall not remove or obscure our copyright and or trademark notices, or the copyright and or trademark notices of third parties that we have included with the product.
You shall abide by all applicable local, state, national and foreign laws and regulations in connection with its use of the product, including all applicable import, export and re-export control laws and regulations of any country and country-specific economic sanctions programs or embargoes adopted against countries or individuals under any applicable national or international legislation.
In using the product, you shall be responsible for all activities that occur under your account.
You agrees that as between you and us, you are solely responsible for compliance related to the manner in which you choose to use the product.
All rights not expressly granted by us to you in this EULA are hereby reserved by us (or, if applicable, third parties).
There are no implied rights in this EULA.
You are allowed to modify files under the "Open_Data" folder and ".ini" files on the "root" folder of the product only.
You may modify these file for personal use.
You redistribute modifications you made only if;
(a) other users may access them "free" of charge;
and (b) they are hosted on our forum.
You may redistribute modifications you made somewhere else provided (a) and (b) are respected.
In no case shall you commercially exploit any modification that you made.
All modifications you made shall be our sole and exclusive property without waiver or limitation of our other rights.
If the modification file is completly "new", such as, but not limited to, a texture made from "scratch", you may retain your intellectual property ownership.
From time to time, we may provide updates, upgrades, patches, bug fixes, and other modifications to improve the product (collectively, "updates").
You acknowledge that you may be required to install updates to continue to access and use our product.
You agree and consent to updates being automatically installed without receiving any additional notice or providing any additional consent.
As a condition for receiving an update, you will terminate all of your rights to use any previous version of the product.
Once an update has been released, we may cease support for prior versions, without any notice to you.
We are not obligated by this EULA to provide you with any technical support services relating to the product.
However, you may or may not obtain support from us and or our community members on our forum.
The product, including any and all updates, authorized or not authorized derivative works, authorized or not authorized modifications (with exception as mentioned in the MODIFICATIONS clause) and any authorized or not authorized copies thereof that you makes are the intellectual property of, and are owned solely by, us and by third parties whose intellectual property has been licensed by us.
The product is protected by law, including without limitation, the copyright laws of the Canada and other countries, and by international treaty provisions.
Except as expressly provided in this EULA, you are not granted any rights under us or any third party intellectual property rights in the product, and we and such third party reserve all rights not expressly granted to you under this EULA.
You agrees that during and after the existence of this EULA it will hold in strictest confidence, and will not use for any purpose unrelated to its performance of this EULA or disclose to any third party, any confidential information.
The term "confidential information" shall mean all non-public information.
The restrictions on disclosure imposed by this section shall not apply to information that is required by law or order of a court, administrative agency or other governmental body to be disclosed by us or by you, provided that in each such case you provides us, or we provide you, with prompt written notice of such order or requirement and reasonably assists us or you in obtaining a protective order or other appropriate relief.
Each party warrants that it has the full power and authority to enter into this EULA.
The productis provided to you "AS IS".
NO WARRANTY IS PROVIDED FOR THE PRODUCT.
NOT WITHSTANDING ANYTHING TO THE CONTRARY AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE PROVIDES THE PRODUCT "AS-IS" AND DISCLAIMS AND EXCLUDES ALL WARRANTIES AND CONDITIONS, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.
WE DOES NOT GUARANTEE ANY SPECIFIC RESULTS FROM THE USE OF THE PRODUCT.
WE MAKES NO WARRANTY THAT THE SOFTWARE WILL BE UNINTERRUPTED, FREE OF VIRUSES OR OTHER HARMFUL CODE, TIMELY, SECURE, OR ERROR-FREE.
EXCEPT FOR LIABILITY OF LICENSEE ARISING UNDER THE CLAUSES (RESTRICTIONS/RESERVATION OF RIGHTS) and (CONFIDENTIALITY), IN NO EVENT SHALL EITHER PARTY (OR IN OUR CASE, THIRD PARTY), BE LIABLE TO THE OTHER PARTY FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES, OR ANY LOST REVENUE, LOST PROFITS. LOST SAVINGS, LOST BUSINESS OR LOSS OF GOODWILL, EVEN IF ITS REPRESENTATIVE (OR OUR THE CASE, A REPRESENTATIVE OF ONE OR MORE OF THIRD PARTY) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
You agree to indemnify, defend and hold us harmless and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys fees, made by any third-party due to or arising out of your breach of these terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
In the event that any provision of this EULA is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from this EULA, such determination shall not affect the validity and enforceability of any other remaining provisions.
The rights, obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
This agreement is effective unless and until terminated by either you or us.
You may terminate this agreement at any time by notifying us that you no longer wish to use our product, or when you cease using our product and all copies have been destroyed.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term, provision or restriction of this agreement, we also may terminate this agreement at any time without notice and/or accordingly may deny you access to our product (or any part thereof).
The failure of us to exercise or enforce any right or provision of this EULA shall not constitute a waiver of such right or provision.
This EULA in respect to the product constitutes the entire agreement and understanding between you and us and govern your use of the product, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of this EULA).
Any ambiguities in the interpretation of this EULA shall not be construed against the drafting party.
This EULA and any dispute or claim arising out of, or related to it, shall be governed by and construed in accordance with the internal laws of Canada without giving effect to any choice or conflict of law provision or rule.
Any legal suit, action or proceeding arising out of, or related to, this EULA shall be instituted exclusively in the federal courts of Canada.
By using product, you hereby consent and agree to our EULA.
If you require any more information or have any questions about our EULA, please feel free to contact us.
Should we update, amend or make any changes to this document, those changes will be prominently posted here.
Changes and clarifications will take effect immediately upon updating this document.
Please review it frequently.
Copyright © LOZMARBLZ INC - All Rights Reserved.