| Experimental Gameplay Group, LLC |
| End User License Agreement |
| |
| THIS END USER LICENSE AGREEMENT ("EULA") IS A BINDING LEGAL |
| AGREEMENT BETWEEN EXPERIMENTAL GAMEPLAY GROUP, LLC, D/B/A |
| TOMORROW CORPORATION ("EXPERIMENTAL GAMEPLAY GROUP "), AND |
| YOU AND, IF APPLICABLE, THE COMPANY OR OTHER LEGAL ENTITY |
| YOU REPRESENT (COLLECTIVELY, "YOU" AND "YOUR") REGARDING |
| THE GAME SOFTWARE THAT YOU ARE INSTALLING, INCLUDING ANY |
| ACCOMPANYING MANUAL OR OTHER RELATED MATERIAL PROVIDED BY |
| EXPERIMENTAL GAMEPLAY GROUP AS PART OF, OR IN CONNECTION, |
| THEREWITH (COLLECTIVELY, THE "GAME"). |
| |
| BY INDICATING YOUR AGREEMENT BELOW, OR BY OTHERWISE |
| CONTINUING TO INSTALL, DOWNLOAD, COPY, ACCESS OR USE THE |
| GAME, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE TO BE |
| BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE, YOU |
| MUST SELECT THE "CANCEL" BUTTON AND YOU MAY NOT CONTINUE TO |
| INSTALL, DOWNLOAD, COPY, ACCESS OR USE THE GAME. |
| |
| 1. LICENSE GRANT AND RESTRICTIONS. |
| |
| 1.1 License Grant. Experimental Gameplay Group |
| hereby grants to you a non-exclusive license to use a |
| single copy of the object code version of the Game for your |
| personal, non-commercial home entertainment use on one |
| personal computer or other compatible electronic device. |
| You may sell or transfer your copy of the Game to another |
| person along with, and subject to, your rights under this |
| EULA, only if you do not retain any copies. |
| |
| 1.2 Restrictions. You may not (i) decompile, |
| disassemble or reverse engineer the Game or otherwise |
| attempt to gain access to its source code, except to the |
| extent that such restrictions are expressly prohibited by |
| law; (ii) copy, offer for public display or create |
| derivative works thereof, except to the extent that such |
| restrictions are expressly prohibited by law; (iii) rent, |
| lease, loan, sublicense or distribute the Game, or offer it |
| on a pay-per-play, coin-op or other for charge (or free) |
| basis; (iv) use the Game to infringe the copyrights or |
| other intellectual property rights of others in any way; |
| (v) modify or delete the copyright and other proprietary |
| rights notices on or in the Game. |
| |
| 1.3 Additional Restrictions for Trial Versions. |
| If the Game was provided to you for trial use for a limited |
| period of time and/or number of uses, you agree not to use |
| the Game beyond the expiration or termination of the trial |
| period. You acknowledge and agree that the Game may |
| include code designed to prevent you from exceeding these |
| limits, and that such code may remain on your computer or |
| device after deletion of the Game to prevent you from |
| installing another copy of the Game and repeating the trial. |
| |
| 1.4 Game Specific Terms and Conditions. For |
| additional terms and conditions that may apply to the Game, |
| such as third-party copyright notices and license |
| information, please review the Readme file included with |
| the Game. The ReadMe file for the Game is hereby |
| incorporated into this EULA by this reference. |
| |
| 2. TERMINATION. This EULA is effective until |
| terminated. You may terminate this EULA at any time by |
| uninstalling the Game and destroying all copies of the Game |
| in your possession or control. Experimental Gameplay Group |
| may terminate this EULA immediately upon notice to you if |
| you breach any of its terms or conditions. Upon |
| termination of this EULA, you agree to immediately |
| uninstall the Game and destroy all copies of the Game. |
| |
| 3. GAME OWNERSHIP. The Game is the copyrighted |
| proprietary material of Experimental Gameplay Group and/or |
| its third-party licensors and is subject to copyright |
| protection under U.S. copyright law and international |
| copyright treaties, as well as other intellectual property |
| laws and treaties. Experimental Gameplay Group and/or its |
| third-party licensors retain all right, title, and interest |
| in the Game (and any copies thereof) and specifically |
| reserve all rights not expressly granted under this EULA. |
| |
| 4. LIMITED WARRANTIES BY EXPERIMENTAL GAMEPLAY GROUP. |
| |
| 4.1 Limited Warranty. EXPERIMENTAL GAMEPLAY |
| GROUP WARRANTS TO YOU, THE ORIGINAL PURCHASER OF THE GAME, |
| THAT THE GAME WILL BE FREE FROM DEFECTS IN MATERIALS AND |
| WORKMANSHIP FOR A PERIOD OF NINETY (90) DAYS FROM THE DATE |
| OF PURCHASE (THE "WARRANTY PERIOD"). THIS LIMITED WARRANTY |
| IS VOID IF THE GAME HAS BEEN SUBJECT TO MISUSE, DAMAGE OR |
| IF YOU HAVE VIOLATED THIS EULA. TO THE MAXIMUM EXTENT |
| PERMITTED BY APPLICABLE LAW, ALL OTHER WARRANTIES, EXPRESS |
| OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF |
| MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, |
| AND NON-INFRINGEMENT, OR WARRANTIES THAT THE GAME WILL BE |
| ERROR-FREE, SECURE OR VIRUS-FREE, ARE HEREBY EXPRESSLY |
| DISCLAIMED. |
| |
| 4.2 Additional Warranty for Retail Product. IF |
| YOU PURCHASED THE GAME ON A DISC OR OTHER RECORDING MEDIUM, |
| THEN YOU MUST MAKE ANY WARRANTY CLAIM TO THE RETAILER FROM |
| WHICH YOU PURCHASED THE GAME BY PROVIDING A COPY OF YOUR |
| ORIGINAL SALES RECEIPT AND ANY OTHER DETAILS REQUIRED BY |
| THE RETAILER. THE RETAILER, AT ITS OPTION, MAY REFUND YOUR |
| PURCHASE PRICE, REPAIR OR REPLACE THE DISC OR OTHER MEDIA |
| CONTAINING THE GAME. ANY REPLACEMENT WILL BE WARRANTED FOR |
| THE REMAINDER OF THE ORIGINAL WARRANTY PERIOD OR THIRTY |
| (30) DAYS, WHICHEVER IS LONGER. YOUR EXCLUSIVE REMEDY, AND |
| THE ENTIRE LIABILITY OF EXPERIMENTAL GAMEPLAY GROUP, ITS |
| AFFILIATES, LICENSORS AND SUPPLIERS (COLLECTIVELY, "THE |
| EXPERIMENTAL GAMEPLAY GROUP PARTIES"), FOR BREACH OF THIS |
| WARRANTY, SHALL BE THE REFUND, REPAIR OR REPLACEMENT |
| DESCRIBED ABOVE. |
| |
| 5. LIMITATION OF LIABILITY. NO PROVISIONS OF THIS EULA |
| SHALL APPLY TO LIMIT LIABILITY ARISING FROM DEATH OR |
| PERSONAL INJURY CAUSED BY NEGLIGENCE OR FOR FRAUD. |
| OTHERWISE, IN NO EVENT WILL THE EXPERIMENTAL GAMEPLAY GROUP |
| PARTIES' TOTAL AGGREGATE LIABILITY TO YOU FOR DIRECT |
| DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR |
| RELATING TO THIS EULA AND/OR YOUR USE OF THE GAME EXCEED |
| THE AMOUNT PAID BY YOU FOR THE GAME. IN NO EVENT WILL THE |
| EXPERIMENTAL GAMEPLAY GROUP PARTIES BE LIABLE FOR ANY |
| INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR ANY OTHER |
| TYPE OF DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES |
| RELATING TO LOST PROFITS, LOSS OF DATA, PRIVACY, NEGLIGENCE |
| OR OTHER DUTY OF CARE), EVEN IF ONE OR MORE OF THE |
| EXPERIMENTAL GAMEPLAY GROUP PARTIES HAS BEEN ADVISED OF THE |
| POSSIBILITY OF SUCH DAMAGES. |
| |
| 6. BASIS OF THE BARGAIN; EXCLUSIONS. The disclaimers of |
| warranties and limitations of liability set forth above are |
| fundamental elements of the basis of the agreement between |
| you and Experimental Gameplay Group. You understand and |
| agree that Experimental Gameplay Group would not be able to |
| economically or reasonably provide the Game to you without |
| these limitations. HOWEVER, SOME JURISDICTIONS DO NOT ALLOW |
| THE EXCLUSION OF IMPLIED WARRANTIES AND/OR THE LIMITATION |
| OF INDIRECT DAMAGES AS SET FORTH IN SECTIONS 4 AND 5 ABOVE, |
| SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO |
| YOU. |
| |
| 7. INDEMNIFICATION. You agree to indemnify, defend and |
| hold harmless the Experimental Gameplay Group Parties, |
| including their respective employees, officers, directors |
| and personnel from any claims, losses, damages, |
| liabilities, including attorneys' fees, arising out of your |
| violation of this EULA and/or your use or misuse of the |
| Game. |
| |
| 8. EXPORT CONTROL. The Game originates in the United |
| States and is subject to United States export laws and |
| regulations. You may not export or re-export, in whole or |
| in part, the Game to certain countries, persons or entities |
| prohibited from receiving exports from the United States. |
| Additionally, the Game may be subject to the import and |
| export laws of other countries, and you agree that you will |
| comply with any such foreign import and export laws, as |
| applicable. |
| |
| 9. MISCELLANEOUS. You agree to comply with all United |
| States and foreign laws related to your use of the Game. |
| This is the entire agreement between you and Experimental |
| Gameplay Group relating to the subject matter herein and |
| replaces any and all previous representations, agreements, |
| understandings or communications, whether written or oral. |
| If a court of competent jurisdiction declares any provision |
| of this EULA to be void or unenforceable, then such |
| provision will be interpreted, construed or reformed to the |
| extent reasonably required to render it valid, enforceable |
| and consistent with the original intent underlying such |
| provision, and such invalidity or unenforceability will not |
| affect any other provision of this EULA. The English |
| language version of this EULA will control its |
| interpretation. |
| |
| 10. GOVERNING LAW AND VENUE. |
| |
| This EULA will be governed by and construed in accordance |
| with the laws of the State of California, USA, excluding |
| its conflicts of law rules and specifically excluding the |
| United Nations Convention on Contracts for the |
| International Sale of Goods. Venue for any action |
| hereunder shall lie exclusively in the state and federal |
| courts located in San Francisco County, California USA and |
| you hereby consent and submit to the personal jurisdiction |
| of such courts. |
| |
| 11. NOTICES; HOW TO CONTACT Experimental Gameplay Group. |
| The Game is made available to you by Experimental Gameplay |
| Group, LLC. Experimental Gameplay Group may be contacted |
| via its website (http://tomorrowcorporation.com). |