This Limited Use Software License Agreement (the "Agreement") is a legal agreement between you, the end-user and BLAZE Technologies, Inc. ("BLAZE"). By continuing the installation of this game program entitled JAKKAL: flesh + bones Demo (the "Software"), by loading or running the game program, or by placing or copying the game program onto your computer hard drive, computer RAM or other storage, you are agreeing to be bound by the terms of this Agreement. If you do not agree to the terms of the Agreement than do the use the Software.
1. Grant of License for Software. Subject to the terms and conditions of this Agreement, Guppy grants you the non-exclusive and limited right to use the Software for recreational purposes only.
2. Prohibitions with Regard to Software. You, either directly of in-directly, shall not do any of the following acts:
a. rent the Software;
b. sell the Software;
c. lease or lend the Software;
d. offer the Software on a pay-per-play basis;
e. in any other manner and through any medium whatsoever commercially exploit the Software or use the Software for any commercial purpose;
f. disassemble, reverse engineer, disassemble, decompile, modify or alter the Software;
g. translate the Software;
h. prepare or develop derivative works based upon the Software.
3. Permitted Copying and Distribution. You may copy the Software as many times as needed. Distribution of the Software to others is permitted and highly encouraged.
4. No BLAZE Warranties. BLAZE DISCLAIMS ALL WARRANTIES, WHETHER EXPRESSED
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SOFTWARE. BLAZE DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE SOFTWARE WILL MEET YOUR SPECIFIC REQUIREMENTS. ADDITIONAL STATEMENTS SUCH AS PRESENTATIONS, WHETHER ORAL OR WRITTEN, DO NOT CONSTITUTE WARRANTIES BY BLAZE AND SHOULD NOT BE RELIED UPON.
5. No GUPPY Warranties. GUPPY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESSED
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SOFTWARE. GUPPY DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE SOFTWARE WILL MEET YOUR SPECIFIC REQUIREMENTS. ADDITIONAL STATEMENTS SUCH AS PRESENTATIONS, WHETHER ORAL OR WRITTEN, DO NOT CONSTITUTE WARRANTIES BY GUPPY AND SHOULD NOT BE RELIED UPON.
6. Venue and Liability Limitation. This Agreement shall be construed in accordance with and governed by the laws of the State of South Dakota and applicable United States federal law. Copyright and other proprietary matters will be governed by United States laws and international treaties. Except as set forth below, exclusion venue for all litigation with regard to this Agreement shall be in Walworth County, South Dakota and you agree to submit to the jurisdiction of the courts in Selby, South Dakota for any such litigation. IN ANY CASE, NEITHER BLAZE, GUPPY, NOR ANY OF BLAZE'S OR GUPPY'S RESPECTIVE OFFICERS, EMPLOYEES, DIRECTORS, AGENTS, LICENSEES (EXCLUDING YOU), SUBLICENSEES (EXCLUDING YOU), SUCCESSORS OR ASSIGNS SHALL BE LIABLE FOR LOSS OF DATA, LOSS OF PROFITS, LOST SAVINGS, SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR OTHER SIMILAR DAMAGES ARISING FROM BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENSE, STRICT PRODUCT LIABILITY, OR OTHER LEGAL THEORY EVEN IF BLAZE, GUPPY OR THEIR RESPECTIVE AGENT(S) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR EVEN IF SUCH DAMAGES ARE FORESEEABLE, OR LIABLE FOR ANY CLAIM BY ANY OTHER PARTY. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
