IMPORTANT - READ CAREFULLY: USE OF THIS PROGRAM IS SUBJECT TO THE SOFTWARE LICENSE TERMS SET FORTH BELOW. "PROGRAM" INCLUDES THE SOFTWARE INCLUDED WITH THIS AGREEMENT, THE ASSOCIATED MEDIA, ANY PRINTED MATERIALS, AND ANY ON-LINE OR ELECTRONIC DOCUMENTATION, AND ANY AND ALL COPIES AND DERIVATIVE WORKS OF SUCH SOFTWARE AND MATERIALS. BY INSTALLING, AND/OR USING THE PROGRAM AND ANY SOFTWARE PROGRAMS CONTAINED WITHIN, YOU ACCEPT THE TERMS OF THIS LICENSE WITH REFLEXIVE ENTERTAINMENT, INC. ("REFLEXIVE").
LIMITED USE LICENSE: Reflexive grants you the non-exclusive, non-transferable, limited right and license to install and use one copy of this Program solely and exclusively for your personal use. All rights not specifically granted under this Agreement are reserved by Reflexive and, as applicable, Reflexive's licensors. This Program is licensed, not sold for your use. Your license confers no title or ownership in this Program and should not be construed as a sale of any rights in this Program.
OWNERSHIP: All title, ownership rights and intellectual property rights in and to this Program and any and all copies thereof (including but not limited to any titles, computer code, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artwork, animation, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, any related documentation, and "applets" incorporated into this Program) are owned by Reflexive or its licensors. This Program is protected by the copyright laws of the United States, international copyright treaties and conventions and other laws. This Program contains certain licensed materials and Reflexive's licensors may protect their rights in the event of any violation of this Agreement.
PRIVACY: Please be advised that the engine of this Program is able to collect, accumulate and report to Reflexive certain information about your computer, including processor, memory, hardware, connection information, and usage statistics. However, the engine of this Program cannot and does not collect any personally identifiable information about you that you do not enter voluntarily. The computer information that is collected simply helps Reflexive to understand and analyze broad, anonymous market information about our consumers, so that Reflexive can better serve their needs and demands. Reflexive will only share such information with third parties, if at all, in the aggregate, reflecting overall computer features and capabilities. Any and all information that you volunteer, such as an email address, will be held confidential by Reflexive unless your express permission is given to share it. Any credit card information including account numbers and expiration dates that you enter will be held in strict confidence and will not be shared with any third party under any circumstance. Notwithstanding the foregoing, Reflexive may disclose any or all information to the extent necessary or appropriate to comply with applicable laws, legal process served on Reflexive or in legal proceedings where Reflexive believes such information is relevant or believes in good faith that its disclosure is required by law.
YOU SHALL NOT:
* Exploit this Program or any of its parts commercially, including but not limited to use at a cyber cafe, computer gaming center or any other location-based site. Reflexive may offer a separate Site License Agreement to permit you to make this Program available for commercial use. Please contact us for more information.
* Use this Program, or permit use of this Program, on more than one computer, computer terminal, or workstation at the same time.
* Make copies of this Program or any part thereof (except as necessary to use the Program), or make copies of the materials accompanying this Program.
* Use the program, or permit use of this Program, in a network, multi-user arrangement or remote access arrangement, including any online use, except as otherwise explicitly provided by this Program.
* Sell, rent, lease, license, distribute or otherwise transfer this Program, or any copies of this Program, without the express prior written consent of Reflexive.
* Reverse engineer, derive source code, modify, decompile, disassemble, or create derivative works of this Program, in whole or in part.
* Remove, disable or circumvent any proprietary notices or labels contained on or within the Program.
* Export or re-export this Program, any documentation or information about the Program or any copy or adaptation in violation of any applicable laws or regulations and without Reflexive's consent. By using this Program you are warranting that you are not a "foreign person," as defined by U.S. government regulations, or under the control of a foreign person.
CONFIDENTIALITY: You acknowledge that the Program contains proprietary trade secrets of Reflexive and you hereby agree to maintain the confidentiality of the Program using at least as great a degree of care as you use to maintain the confidentiality of your own most confidential information.
LIMITED WARRANTY AND LIMITATION ON DAMAGES: REFLEXIVE WARRANTS THAT FOR A PERIOD OF THIRTY (30) DAYS AFTER PURCHASE THAT THE PROGRAM WILL OPERATE SUBSTANTIALLY IN ACCORDANCE WITH THE DOCUMENTATION. SHOULD THE PROGRAM NOT SO OPERATE, YOUR EXCLUSIVE REMEDY, AND REFLEXIVE'S SOLE OBLIGATION UNDER THIS WARRANTY, SHALL BE, AT REFLEXIVE'S SOLE DISCRETION, CORRECTION OF THE DEFECT OR REFUND OF THE PURCHASE PRICE PAID FOR THE PROGRAM. THIS LIMITED WARRANTY IS THE ONLY WARRANTY PROVIDED BY REFLEXIVE REGARDING THE PROGRAM. EXCEPT FOR THE LIMITED WARRANTY ABOVE, THE PROGRAM IS PROVIDED ON AN "AS-IS" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, REFLEXIVE DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. REFLEXIVE DOES NOT WARRANT THAT THE PROGRAM WILL OPERATE ERROR FREE, OR IN AN UNINTERRUPTED FASHION. IN NO EVENT WILL REFLEXIVE BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, USE OR MALFUNCTION OF THE PROGRAM, INCLUDING DAMAGES TO PROPERTY, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, EVEN IF REFLEXIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REFLEXIVE'S LIABILITY SHALL NOT EXCEED THE ACTUAL PRICE PAID FOR THE LICENSE TO USE THIS PROGRAM. SOME STATES/COUNTRIES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS AND/OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND/OR EXCLUSION OR LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
TERMINATION: Without prejudice to any other rights of Reflexive, this Agreement will terminate automatically if you fail to comply with its terms and conditions. In such event, you must destroy all copies of this Program and all of its component parts. All provisions regarding confidentiality, ownership and indemnification shall survive termination of this Software License Agreement.
U.S. GOVERNMENT RESTRICTED RIGHTS: The Program and documentation have been developed entirely at private expense and are 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. The Contractor/Manufacturer is Reflexive Entertainment, Inc., 21068 Bake Parkway, 100, Lake Forest, CA 92630.
INJUNCTION: Because Reflexive would be irreparably damaged if the terms of this Agreement were not specifically enforced, you agree that Reflexive 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 such other remedies as Reflexive may otherwise have under applicable laws.
INDEMNITY: You agree to indemnify, defend and hold Reflexive, its partners, licensors, affiliates, contractors, officers, directors, employees and agents harmless from all damages, losses and expenses arising directly or indirectly from your acts and omissions in using the Product.
MISCELLANEOUS: This Agreement represents the complete agreement 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 Agreement is held to be unenforceable for any reason, 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. This Agreement shall be construed under California law as such law is applied to agreements between California residents entered into and to be performed within California, except as governed by federal law and you consent to the exclusive jurisdiction of the state and federal courts in Los Angeles, California.
If you have any questions concerning this license, you may contact Reflexive at 21068 Bake Parkway, 100, Lake Forest, CA 92630, Attn. Business and Legal Affairs, or at legal@Reflexive.net.
