Wizards 2: Better Dead Than Red
END USER LICENSE AGREEMENT
Copyright ©2017 Terrasect Mobile LLC
IMPORTANT: PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THIS SOFTWARE.
1. LICENSE
By receiving, opening the file package, and/or using Wizards 2: Better Dead Than Red(“Software”) containing this software, you agree that this End User User License Agreement(EULA) is a legally binding and valid contract and agree to be bound by it. You agree to abide by the intellectual property laws and all of the terms and conditions of this Agreement.
Unless you have a different license agreement signed by Terrasect Mobile LLC your use of Wizards 2: Better Dead Than Red indicates your acceptance of this license agreement and warranty.
Subject to the terms of this Agreement, Terrasect Mobile LLC grants to you a limited, non-exclusive, non-transferable license, without right to sub-license, to use Wizards 2: Better Dead Than Red in accordance with this Agreement and any other written agreement with Terrasect Mobile LLC. Terrasect Mobile LLC does not transfer the title of Wizards 2: Better Dead Than Red to you; the license granted to you is not a sale. This agreement is a binding legal agreement between Terrasect Mobile LLC and the purchasers or users of Wizards 2: Better Dead Than Red.
If you do not agree to be bound by this agreement, remove Wizards 2: Better Dead Than Red from your device now and, if applicable, promptly return to Terrasect Mobile LLC by mail any copies of Wizards 2: Better Dead Than Red and related documentation and packaging in your possession.
2. DISTRIBUTION
Wizards 2: Better Dead Than Red and the license herein granted shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole or in part except that you may make one copy for archive purposes only. For information about redistribution of Wizards 2: Better Dead Than Red contact Terrasect Mobile LLC.
3. USER AGREEMENT
3.1 Use
Your license to use Wizards 2: Better Dead Than Red is limited to the number of licenses purchased by you. You shall not allow others to use, copy or evaluate copies of Wizards 2: Better Dead Than Red.
3.2 Use Restrictions
You shall use Wizards 2: Better Dead Than Red in compliance with all applicable laws and not for any unlawful purpose. Without limiting the foregoing, use, display or distribution of Wizards 2: Better Dead Than Red together with material that is pornographic, racist, vulgar, obscene, defamatory, libelous, abusive, promoting hatred, discriminating or displaying prejudice based on religion, ethnic heritage, race, sexual orientation or age is strictly prohibited.
Each licensed copy of Wizards 2: Better Dead Than Red may be used on one single device location by one user. Use of Wizards 2: Better Dead Than Red means that you have loaded, installed, or run Wizards 2: Better Dead Than Red on a device. If you install Wizards 2: Better Dead Than Red onto a multi-user platform, server or network, each and every individual user of Wizards 2: Better Dead Than Red must be licensed separately.
You may make one copy of Wizards 2: Better Dead Than Red for backup purposes, providing you only have one copy installed on one device being used by one person. Other users may not use your copy of Wizards 2: Better Dead Than Red . The assignment, sublicense, networking, sale, or distribution of copies of Wizards 2: Better Dead Than Red are strictly forbidden without the prior written consent of Terrasect Mobile LLC. It is a violation of this agreement to assign, sell, share, loan, rent, lease, borrow, network or transfer the use of Wizards 2: Better Dead Than Red. If any person other than yourself uses Wizards 2: Better Dead Than Red registered in your name, regardless of whether it is at the same time or different times, then this agreement is being violated and you are responsible for that violation!
3.3 Copyright Restriction
This Software contains copyrighted material, trade secrets and other proprietary material. You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile Wizards 2: Better Dead Than Red. Nor can you create any derivative works or other works that are based upon or derived from Wizards 2: Better Dead Than Red in whole or in part.
Terrasect Mobile LLC’s name, logo and graphics file that represents Wizards 2: Better Dead Than Red shall not be used in any way to promote products developed with Wizards 2: Better Dead Than Red .Terrasect Mobile LLC retains sole and exclusive ownership of all right, title and interest in and to Wizards 2: Better Dead Than Red and all Intellectual Property rights relating thereto.
Copyright law and international copyright treaty provisions protect all parts of Wizards 2: Better Dead Than Red, products and services. No program, code, part, image, audio sample, or text may be copied or used in any way by the user except as intended within the bounds of the single user program. All rights not expressly granted hereunder are reserved for Terrasect Mobile LLC.
3.4 Limitation of Responsibility
You will indemnify, hold harmless, and defend Terrasect Mobile LLC , its employees, agents and distributors against any and all claims, proceedings, demand and costs resulting from or in any way connected with your use of Terrasect Mobile LLC’s Software.
In no event (including, without limitation, in the event of negligence) will Terrasect Mobile LLC , its employees, agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, Wizards 2: Better Dead Than Red or the use or inability to use Wizards 2: Better Dead Than Red or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence.
Terrasect Mobile LLC’s entire liability, without exception, is limited to the customers’ reimbursement of the purchase price of the Software (maximum being the lesser of the amount paid by you and the suggested retail price as listed by Terrasect Mobile LLC ) in exchange for the return of the product, all copies, registration papers and manuals, and all materials that constitute a transfer of license from the customer back to Terrasect Mobile LLC.
3.5 Warranties
Except as expressly stated in writing, Terrasect Mobile LLC makes no representation or warranties in respect of this Software and expressly excludes all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose.
3.6 Governing Law
This Agreement shall be governed by the law of the Canada applicable therein. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of Canada therefrom. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this License and not affect the validity and enforceability of any other provisions.
3.7 Termination
Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this license. Upon termination of this license granted herein for any reason, you agree to immediately cease use of Wizards 2: Better Dead Than Red and destroy all copies of Wizards 2: Better Dead Than Red supplied under this Agreement. The financial obligations incurred by you shall survive the expiration or termination of this license.
4. DISCLAIMER OF WARRANTY
THIS SOFTWARE AND THE ACCOMPANYING FILES ARE SOLD “AS IS” AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. THIS DISCLAIMER CONCERNS ALL FILES GENERATED AND EDITED BY Wizards 2: Better Dead Than Red AS WELL.
5. CONSENT OF USE OF DATA
You agree that Terrasect Mobile LLC may collect and use information gathered in any manner as part of the product support services provided to you, if any, related to Wizards 2: Better Dead ThanRed.Terrasect Mobile LLC may also use this information to provide notices to you which may be of use or interest to you.