THIS END USER LICENSE AGREEMENT (THE “AGREEMENT”) IS A LEGALLY BINDING CONTRACT BETWEEN YOU, THE END-USER (THE “LICENSEE”) AND Red Panda Games.(“Red Panda Games” OR “LICENSOR”) BY INSTALLING OR USING “Bipo: Saving the Stone Maiden” (THE “SOFTWARE”), YOU, THE LICENSEE, ARE AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY BEFORE INSTALLING OR USING THE SOFTWARE. IF YOU DO NOT AGREE TO THE TERMS, CONDITIONS AND LIMITATIONS OF THIS AGREEMENT, PROMPTLY DELETE THE SOFTWARE FROM YOUR COMPUTER.
A. Ownership. Red Panda Games retains all title, copyright and other proprietary rights in, and ownership of, the Software. Licensee does not acquire any rights, other than those expressly granted in this Agreement.
B. License
Red Panda Games grants to Licensee a non-exclusive, non-assignable license to use the Software on any number computers by installing the Software, and Licensee can use the Software concurrently by and on multiple computers.
C. Restriction
Licensee shall not reverse engineer, de-compile, or disassemble the Software.
Further, Licensee shall not sell, assign, lease, sublicense, encumber, or otherwise transfer the Software without the written consent of Red Panda Games.
E. Distribution rights
You may distribute the game as freeware, but you will never be able to sell the game in any form.
F. Termination
This Agreement and the license granted hereunder automatically terminates if Licensee breaches any provision of this Agreement. Immediately upon termination of this Agreement, Licensee shall cease using the Software, shall delete the Software and Game from its computers and shall either return to Red Panda Games or destroy the Software. If Licensee elects to destroy the Software, then Licensee shall certify in writing to Red Panda Games the destruction of the Software.
G. Limited Warranties and Disclaimers.
Red Panda Games does not warrant that the Software will meet Licensee’s requirements, that the Software will operate in combinations other than as specified in the Documentation, that the operation of the Software will be uninterrupted or error-free or that Software errors will be corrected.
Red Panda Games HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES IN ANY MANNER, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
H. Liability Limitation
IN NO EVENT SHALL Red Panda Games BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY LICENSEE OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Red Panda Games’S LIABILITY FOR DAMAGES AND EXPENSES HEREUNDER OR RELATING HERETO (WHETHER IN AN ACTION IN CONTRACT OR TORT) WILL IN NO EVENT EXCEED THE AMOUNT OF LICENSE FEES PAID TO Red Panda Games WITH RESPECT TO THIS AGREEMENT.
I. Entire Agreement.
This Agreement constitutes the complete agreement between the parties and supersedes all prior or contemporaneous agreements or representations, written or oral, concerning the subject matter of this Agreement.
