This document is a license agreement between you, the licensee, and Starwave Corporation, the licensor - review it carefully. IF YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED HEREIN, PLEASE EVIDENCE YOUR CONSENT BY CLICKING ON THE "YES" BUTTON. IF YOU DO NOT UNDERSTAND THIS AGREEMENT OR DO NOT AGREE TO BE BOUND BY IT, PLEASE CLICK ON THE "NO" BUTTON, AND RETURN THE PRODUCT TO THE PLACE YOU PURCHASED IT FOR A FULL REFUND.
Starwave Corporation
Castle Infinity End User License Agreement
This license ("License") is an agreement between you and Starwave Corporation ("Starwave") governing your rights and obligations with respect to the Castle Infinity software product (the "Software") and Castle Infinity game account (the "Account").
Starwave grants you the non-exclusive right to install and use the Software on any single computer of which you are the primary user.
While you may have multiple copies of the Software pursuant to the foregoing, you may not sublicense, transfer, sell, assign or disclose the Game Name used by you within Castle Infinity and/or your Secret Password (collectively "Account Information") to any third parties. Any attempt to do so shall be void and give rise to Starwave's right to terminate this License and your Account pursuant to the terms contained herein. Notwithstanding the foregoing, you will be allowed to disclose your Account Information to other members of your immediate household for the purpose of allowing such persons to use the Software and your Castle Infinity account for as long as they are members of the household, provided that you will at all times be responsible for such third parties' compliance with the terms of this Agreement and any financial obligations they may incur.
You may not: permit other individuals to use the Software except under the terms listed above; modify, translate, reverse engineer, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction), or create derivative works based on the Software; copy the Software (except as specified above); rent, lease, transfer or otherwise transfer rights to the Software and/or Account Information; or remove any proprietary notices or labels on the Software.
The Software, including any images, photographs, animation, video, film footage, audio, music, and/or text incorporated or accompanying the Software, is owned by Starwave or its suppliers and is protected by United States copyright laws and international treaty provisions. You may not copy any of the printed materials accompanying the Software.
As a licensor, Starwave retains title and ownership of the Software recorded on the original disk and all subsequent copies of the Software, regardless of the form or media in or on which the original and other copies may exist. This License is not a sale of the original Software or any copy. Starwave reserves all rights with respect to the Software not expressly granted to you herein.
To the extent Starwave delivers to you any upgrades and/or updates to the Software, such upgrades and/or updates shall be included under the definition "Software."
This License is effective until terminated and will terminate automatically and without notice from Starwave if you fail to comply with any provision of this License. Upon termination, you agree to destroy the Software and accompanying documentation, including installed files, if any, and Starwave has the right to terminate your Account.
None of the Software or underlying information or technology may be exported or reexported (i) into (or to a national or resident of) Cuba, Iraq, Libya, Yugoslavia, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By using the Software, 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.
The application the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
You also agree to abide by the terms of the then-current Castle Infinity Terms of Service Agreement, which terms are herein incorporated by this reference. The initial version of the Terms of Service Agreement is provided below.
Starwave Corporation
Disclaimer of Warranty
and LIMITATION OF LIABILITY
Starwave warrants to the original user that for a period of thirty (30) days from the date of sale of the Software that, under normal use, the disk(s) on which the Software is recorded is free from defects in materials and workmanship. If, during the thirty (30) day period, a defect in the disk should appear, you may notify Starwave by telephone for support and/or return the Software with your proof of purchase for replacement of the Software. Your sole right with respect to a defect in the Software is replacement of the Software. This limited warranty is void if failure of the Software has resulted from accident, abuse, or misapplication.
THIS SOFTWARE IS LICENSED "AS IS." STARWAVE MAKES NO WARRANTIES EXCEPT FOR THE WARRANTIES SPECIFIED IN THIS AGREEMENT. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, STARWAVE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. STARWAVE DOES NOT WARRANT THAT THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SOFTWARE, CONNECTIONS OR THE SERVER THAT MAKES THE CASTLE INFINITY GAME AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, SHORTAGES OR ANY OTHER ERRORS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL STARWAVE BE LIABLE FOR ANY DIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SOFTWARE, OR FOR ANY LIABILITY ARISING OUT OF THE SOFTWARE (INCLUDING OUT OF THE CONDUCT OF THIRD PARTIES WITHIN THE SOFTWARE), EVEN IF STARWAVE OR A STARWAVE AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL STARWAVE'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO STARWAVE, IF ANY, FOR PURCHASING THE LICENSE TO THE SOFTWARE.
This document shall be governed by and construed in accordance with the laws of the State of Washington, U.S.A
This document contains the entire agreement between the parties concerning this license between the parties and supersedes all prior agreements and representations between them. It may be amended only by a writing executed by both parties. If any provision of this License shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this License and shall not affect the validity and enforceability of any remaining provisions.
* * *
CASTLE INFINITY(tm)
TERMS OF SERVICE AGREEMENT
1. General
These Terms of Service govern the conduct of players within Castle Infinity (the "Service"). As a player, you agree to use the Service in a manner consistent with all applicable laws and regulations and in accordance with Starwave's then-current Terms of Service. You also agree to take responsibility for anyone who uses the Service through your account. Please note that you will be referred to as "Customer" from time to time in this Agreement.
2. Rules of Conduct
Starwave would like the participants within the Service to assist them in their goal to maintain a "kid-friendly," positive atmosphere. Accordingly, you agree that you will not do any of the following while in the Service:
* Defame, abuse, attack or threaten others (including Starwave employees and/or agents monitoring the Service);
* Make statements that are bigoted, hateful or racially offensive;
* Advocate illegal activity or discuss illegal activities with the intent to commit them;
* Post unauthorized copyrighted material;
* Post vulgar, obscene or indecent language or images;
* Advertise or otherwise solicit others for commercial or personal reasons;
* Crash the Service or cause other technical problems;
* Modify the Service in any way; or
* Exhibit conduct which Starwave believes is otherwise harmful to any other customers, to Starwave's business, or any of its suppliers.
3. Non-Transferability
Customer may not sublicense, transfer, sell, assign or disclose Customer's Game Name and Password (collectively "Account Information") to any third parties. Any attempt to do so shall be void and give rise to Starwave's right to terminate Customer's account pursuant to Section 9 below. Notwithstanding the foregoing, you will be allowed to disclose your Account Information to other members of your immediate household for the purpose of allowing such persons to use your Service account for as long as they are members of the household, provided that you will at all times be responsible for such third parties' compliance with the terms of this Agreement and any financial obligations they may incur.
4. Disclaimer of Warranty; Limitation of Liability
THE SERVICE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, STARWAVE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. STARWAVE DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, SOFTWARE, CONNECTIONS OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, SHORTAGES OR ANY OTHER ERRORS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL STARWAVE BE LIABLE FOR ANY DIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SERVICE, OR FOR ANY LIABILITY ARISING OUT OF THE SERVICE (INCLUDING OUT OF THE CONDUCT OF THIRD PARTIES WITHIN THE SERVICE), EVEN IF STARWAVE OR A STARWAVE AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL STARWAVE'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO STARWAVE, IF ANY, FOR ACCESSING THE SERVICE.
5. Software
You acknowledge that the software provided by Starwave and its licensors that runs and facilitates the Service shall be governed by the end user license agreement accompanying such software ("EULA"). In the event of a conflict between any term of this Agreement and any term of a EULA, the term of the relevant EULA shall control with respect to any such software.
6. Trademarks
Castle Infinity, the Castle Infinity logo, the characters within Castle Infinity, Starwave and the Starwave logo are the trademarks of Starwave Corporation. All other trademarks appearing on the Service are trademarks of their respective owners.
7. Notices
Starwave may give notice to Customers by means of a general notice on the Service, electronic mail to Customer's e-mail address on record in Starwave's account information, or by written communication sent by first class mail to a Customer's address on record in Starwave's account information. You may give notice to Starwave (such notice shall be deemed given when received by Starwave) at any time by any of the following methods:
1. electronic mail to custserve@starwave.com;
2. letter telecopied to Starwave (attn: Customer Service) at the following fax number: (206) 957-2009;
3. letter delivered by first class postage prepaid mail or courier to Starwave (attn: Customer Service) at the following address:
Starwave Corporation
13810 S.E. Eastgate Way, Suite 400
Bellevue, WA 98005
8. Indemnification
Customer agrees to indemnify and hold Starwave harmless from any claims, liabilities and expenses, including reasonable attorney's fees and court costs, related to any claims brought against Starwave by a third party arising out of Customer's violation of this Agreement, including the Rules of Conduct, or any information, software or other content placed on the Service by Customer.
9. Termination
Customers who violate the Rules of Conduct will receive a warning that they have committed a violation and that further violations may result in the termination of Customer's account. After one or more warnings, depending on the nature of the violation, Starwave, in its sole discretion, may terminate Customer's account. Starwave may terminate your account or access rights to this Service at any time, without notice, for conduct that Starwave believes violates any other term of this Agreement, in the event Starwave ceases offering the Service to the general public, and/or in the event any credit card charges authorized by Customer, if and when Customer elects to upgrade the Service to the unlimited membership level, are not approved by the credit card company within forty eight (48) hours.
10. Choice Of Law; Venue
This Agreement shall be construed and controlled by the laws of the State of Washington, U.S.A. and Customer further consents to jurisdiction by the state or federal courts sitting in the State of Washington.
11. Miscellaneous
This Agreement constitutes the entire agreement between the parties with respect to the subject matter contained herein and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral between Starwave representatives and Customer. Starwave may amend or modify this Agreement or impose new conditions at any time upon notice from Starwave to Customer as delivered pursuant to Section 7 above. Any use of the Service by Customer after such notice shall be deemed to constitute acceptance by Customer of such amendments, modifications or new conditions. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. If either party employs attorneys to enforce any rights arising out of or relating to this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs.
