The Axys Adventures: Truth Seeker Demo 1.0

EULA - End User License Agreement

Rebel Planet Creations End User License Agreement

GRANT OF RIGHTS & LIMITATIONS ON END USER LICENSEE RIGHTS

1. This software license agreement shall be effective as of the date of the activation of this agreement, which shall be accomplished by the end user licensee agreeing to the terms as set out below.
2. We grant you legal rights to install and use this Rebel Planet Creations, LLC. (hereinafter "RPC") software on a single computer at a time; this is a nonexclusive license granted by RPC to you, the end user licensee of this product.
3. You may install and use the software on another computer, but the software should not be in use on more than one computer at a time unless you purchase additional software.
4. The software is protected by the copyright laws of the U.S. and other countries, and RPC retains all intellectual property rights in the software. You may not separately publish, sell, market, distribute, lend, lease, rent, or sublicense the software.
5. No reverse engineering of this product shall be allowed. The end user licensee of RPC software agrees not to modify, reverse engineer, disassemble, or decompile the software, or any portion thereof.
LIMITED WARRANTY.
6. RPC represents and warrants to the end user licensee that the software, when properly installed and used with the designated equipment meeting the minimum specifications as outlined in the product documentation, will perform substantially as described in then current documentation for such software for a period of ninety (90) days from the date of purchase.
7. Notwithstanding the warranty provisions set forth in Section 6 above, all of RPC''s obligations with respect to such warranties shall be contingent on end user licensee''s use of the software in accordance with this agreement and in accordance with RPC''s instructions as provided in the product documentation, as such instructions may be amended, supplemented, or modified by RPC from time to time. RPC shall have no warranty obligations with respect to any failures of the software which are the result of accident, abuse, misapplication, extreme power surge or extreme electromagnetic field.
8 RPC''s entire liability and end user licensee''s exclusive remedy shall be, at RPC''s option, either (a) return of the price paid or (b) repair or replacement of the software upon its return to RPC, postage paid by end user licensee, provided RPC receives notice from end user licensee during the warranty period of a breach of warranty. Any replacement software shall be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.
DICLAIMER OF WARRANTIES & LIMITATIONS ON LIABILITY
9. RPC DOES NOT REPRESENT OR WARRANT THAT ALL ERRORS IN THE SOFTWARE AND DOCUMENTATION WILL BE CORRECTED. THE WARRANTIES STATED IN SECTIONS 6, 7 AND 8 ABOVE ARE THE SOLE AND THE EXCLUSIVE WARRANTIES OFFERED BY RPC. THERE ARE NO OTHER WARRANTIES RESPECTING THE SOFTWARE AND DOCUMENTATION OR SERVICES PROVIDED HEREUNDER, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF DESIGN, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, EVEN IF RPC HAS BEEN INFORMED OF SUCH PURPOSE. NO AGENT OF RPC IS AUTHORIZED TO ALTER OR EXCEED THE WARRANTY OBLIGATIONS AS SET FORTH HEREIN.
10. END USER LICENSEE ACKNOWLEDGES AND AGREES THAT THE CONSIDERATION WHICH RPC IS CHARGING HEREUNDER DOES NOT INCLUDE ANY CONSIDERATION FOR ASSUMPTION BY RPC OF THE RISK OF END USER LICENSEE''S CONSEQUENTIAL OR INCIDENTAL DAMAGES WHICH MAY ARISE IN CONNECTION WITH END USER LICENSEE''S USE OF THE SOFTWARE AND DOCUMENTATION. ACCORDINGLY, END USER LICENSEE AGREES THAT RPC SHALL NOT BE RESPONSIBLE TO END USER LICENSEE FOR ANY LOSS-OF-PROFIT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE LICENSING OR USE OF THE SOFTWARE OR DOCUMENTATION.
11. Any provision herein to the contrary notwithstanding, the maximum liability of RPC to any person, firm or corporation whatsoever arising out of or in the connection with any license, use or other employment of any software delivered to end user licensee hereunder, whether such liability arises from any claim based on breach or repudiation of contract, warranty, tort or otherwise, shall in no case exceed the actual price paid to RPC by end user licensee for the software whose license, use, or other employment gives rise to the liability. The essential purpose of this provision is to limit the potential liability of RPC arising out of this agreement. The parties acknowledge that the limitations set forth in this article 11 are integral to the amount of consideration levied in connection with the license of the software and documentation and any services rendered hereunder and that, were RPC to assume any further liability other than as set forth herein, such consideration would of necessity be set substantially higher. Therefore, RPC specifically disclaims all liability for damages that arise under this license agreement through use of this RPC software, including damages to the software, hardware, operating system, or network of the end user licensee or any other entity to which the end user licensee may be associated, and in agreeing to this End User License Agreement, the end user licensee specifically disclaims the right to pursue all damages that might arise hereunder in excess of the limitations of this article.
GENERAL PROVISIONS
12. If any part of this agreement is found to be invalid or unenforceable, the remaining terms will stay in effect.
13. This agreement does not supersede any express warranties we made to you. Any modification to this agreement must be agreed to in writing by both parties.
CHOICE OF LAWS/CHOICE OF FORUM
14. This agreement will be governed by the laws and statutes of the State of Minnesota. If your state has enacted the Uniform Computer Information Transactions Act (UCITA) or substantially similar law, said statute shall not govern any aspect of this agreement and instead the law as it existed prior to such enactment shall govern.
15. Any litigation arising under the terms of this agreement shall be subject to and governed by the laws of the State of Minnesota. The Minnesota State Courts shall have exclusive jurisdiction and venue over any dispute arising out of this agreement, and end user licensee hereby consents to the jurisdiction of such courts.