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PALEO ENTERTAINMENT, LLC
End User Software License Agreement
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT “LICENSE” CAREFULLY BEFORE USING THE SOFTWARE. BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT INSTALL, COPY, OR USE THE SOFTWARE.
1. License. The Merchants of Brooklyn, any and all related code and files, and any printed, electronic, or online documentation or fonts accompanying this License whether on disk, in read only memory, on any other media or in any other form (the “Paleo Software”) are licensed to you by Paleo Entertainment, LLC, a California limited liability company (“Paleo”). You own the media (if any) on which the Paleo Software is recorded but Paleo and/or Paleo’s licensor(s) retain title to the Paleo Software and all intellectual property rights appurtenant thereto. Portions of this software are included under license © 2004-2009 Crytek Corporation. All rights reserved. Portions of this software are included under license © 2007-2009 Scaleform Corporation. All rights reserved. The Paleo Software and any copies which this License authorizes you to make are subject to this License.
2. Permitted Uses and Restrictions. This License allows you to install, use, access, display and run one copy of the Paleo Software on a single licensed computer at a time. This License does not allow the Paleo Software to exist on more than one computer at a time. You may store or install a copy of the Paleo Software on a storage device, such as a network server, used only to install the Paleo Software on your other computers over an internal network; however, you must acquire and dedicate a license for each separate computer on which the Paleo Software is run from the storage device. A license for the Paleo Software may not be shared or used concurrently on different Computers. Except as expressly permitted in this License, you may not decompile, reverse engineer, disassemble, modify, rent, lease, loan, sublicense, distribute or create derivative works based upon the Paleo Software in whole or part or transmit the Paleo Software over a network or from one computer to another. Your rights under this License will terminate automatically without notice from Paleo if you fail to comply with any term(s) of this License.
3. Trademarks. This License does not grant you any right to use any trademarks or service marks of Paleo.
4. Reservation of Rights and Ownership. Paleo reserves all rights not expressly granted to you in this License. The Paleo Software is protected by copyright and other intellectual property laws and treaties. Paleo or its suppliers and licensors own the title, copyright, and other intellectual property rights in the Paleo Software. The Paleo Software is licensed, not sold.
5. Disclaimer of Warranty on Paleo Software. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE PALEO SOFTWARE IS AT YOUR SOLE RISK. THE PALEO SOFTWARE IS PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND AND PALEO AND PALEO’S LICENSOR(S) (FOR THE PURPOSES OF SECTIONS 4 AND 5, PALEO AND PALEO’S LICENSOR(S) SHALL BE COLLECTIVELY REFERRED TO AS “PALEO”) EXPRESSLY DISCLAIM ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, QUIET ENJOYMENT, QUIET POSSESSION, ORCORRESPONDENCE TO DESCRIPTION WITH REGARD TO THE SOFTWARE. PALEO DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE PALEO SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE PALEO SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE PALEO SOFTWARE WILL BE CORRECTED. FURTHERMORE, PALEO DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PALEO SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PALEO OR AN PALEO AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE PALEO SOFTWARE PROVE DEFECTIVE, YOU (AND NOT PALEO OR A PALEO AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THE TERMS OF THIS DISCLAIMER DO NOT AFFECT OR PREJUDICE THE STATUTORY RIGHTS OF A CONSUMER ACQUIRING PALEO PRODUCTS OTHERWISE THAN IN THE COURSE OF A BUSINESS, NEITHER DO THEY LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY PALEO’S NEGLIGENCE.
6. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL PALEO BE LIABLE FOR SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE PALEO SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATON, SOFTWARE, AND RELATED CONTENT THROUGH THE PALEO SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE PALEO SOFTWARE, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS LICENSE, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF PALEO OR ANY SUPPLIER, AND EVEN IF PALEO OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THIS LIMITATION MAY NOT APPLY TO YOU. Paleo’s entire liability and your exclusive remedy for any liability relating to the Paleo Software or this License shall be, at Paleo’s option from time to time exercised subject to applicable law, (a) return of the amount paid (if any) for the Paleo Software, or (b) repair or replacement of the Paleo Software.
7. Additional Software and/or Services. This License applies to updates, patches, supplements, add-on components, revisions, upgrades, or Internet-based services components, of or to the Paleo Software that Paleo may provide to you or make available to you after the date you obtain your initial copy of the Paleo Software, unless we provide other terms along with the update, patch, supplement, add-on component, revision, upgrade, or Internet-based services component. Paleo reserves the right to discontinue any Internet-based services provided to you or made available to you through the use of the Paleo Software. Nothing in this License is intended to obligate, or does obligate, Paleo to provide any updates, patches, supplements, add-on components, revisions, upgrades, Internet-based services, or similar products.
8. Term. This License is effective until terminated. You may terminate this License Agreement by promptly returning the Paleo Software to Paleo and/or deleting and destroying all copies of the Paleo Software in their entirety. Paleo may terminate this License if you breach any of the terms and conditions contained here. Upon termination of this License for any reason, you shall return the Paleo Software to Paleo and/or delete and destroy all copies of the Paleo Software in their entirety. All provisions of this License relating to disclaimers of warranties, limitation of liability, remedies, or damages, and Paleo’s proprietary rights shall survive termination.
9. Export Law Assurances. You may not use or otherwise export or re-export the Paleo Software except as authorized by United States law and the laws of the jurisdiction in which the Paleo Software was obtained. In particular, but without limitation, the Paleo Software may not be exported or re-exported (i) into (or to a national or resident of) any U.S. embargoed country or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Table of Denial Orders. By using the Paleo Software, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list.
10. Government End Users. If the Paleo Software is supplied to the United States Government, the Paleo Software is classified as “restricted computer software” as defined in clause 52.227-19 of the FAR. The United States Government’s rights to the Paleo Software are as provided in clause 52.227-19 of the FAR.
11. Controlling Law and Severability. This License shall be governed by the laws of the United States and the State of California. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.
12. Complete Agreement. This License constitutes the entire agreement between the parties with respect to the use of the Paleo Software (and support services, if any) and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by Paleo.
13. Acknowledgement. BY CLICKING “I AGREE” YOU HEREBY ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ AND UNDERSTAND THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS.
End User Software License Agreement
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT “LICENSE” CAREFULLY BEFORE USING THE SOFTWARE. BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT INSTALL, COPY, OR USE THE SOFTWARE.
1. License. The Merchants of Brooklyn, any and all related code and files, and any printed, electronic, or online documentation or fonts accompanying this License whether on disk, in read only memory, on any other media or in any other form (the “Paleo Software”) are licensed to you by Paleo Entertainment, LLC, a California limited liability company (“Paleo”). You own the media (if any) on which the Paleo Software is recorded but Paleo and/or Paleo’s licensor(s) retain title to the Paleo Software and all intellectual property rights appurtenant thereto. Portions of this software are included under license © 2004-2009 Crytek Corporation. All rights reserved. Portions of this software are included under license © 2007-2009 Scaleform Corporation. All rights reserved. The Paleo Software and any copies which this License authorizes you to make are subject to this License.
2. Permitted Uses and Restrictions. This License allows you to install, use, access, display and run one copy of the Paleo Software on a single licensed computer at a time. This License does not allow the Paleo Software to exist on more than one computer at a time. You may store or install a copy of the Paleo Software on a storage device, such as a network server, used only to install the Paleo Software on your other computers over an internal network; however, you must acquire and dedicate a license for each separate computer on which the Paleo Software is run from the storage device. A license for the Paleo Software may not be shared or used concurrently on different Computers. Except as expressly permitted in this License, you may not decompile, reverse engineer, disassemble, modify, rent, lease, loan, sublicense, distribute or create derivative works based upon the Paleo Software in whole or part or transmit the Paleo Software over a network or from one computer to another. Your rights under this License will terminate automatically without notice from Paleo if you fail to comply with any term(s) of this License.
3. Trademarks. This License does not grant you any right to use any trademarks or service marks of Paleo.
4. Reservation of Rights and Ownership. Paleo reserves all rights not expressly granted to you in this License. The Paleo Software is protected by copyright and other intellectual property laws and treaties. Paleo or its suppliers and licensors own the title, copyright, and other intellectual property rights in the Paleo Software. The Paleo Software is licensed, not sold.
5. Disclaimer of Warranty on Paleo Software. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE PALEO SOFTWARE IS AT YOUR SOLE RISK. THE PALEO SOFTWARE IS PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND AND PALEO AND PALEO’S LICENSOR(S) (FOR THE PURPOSES OF SECTIONS 4 AND 5, PALEO AND PALEO’S LICENSOR(S) SHALL BE COLLECTIVELY REFERRED TO AS “PALEO”) EXPRESSLY DISCLAIM ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, QUIET ENJOYMENT, QUIET POSSESSION, ORCORRESPONDENCE TO DESCRIPTION WITH REGARD TO THE SOFTWARE. PALEO DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE PALEO SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE PALEO SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE PALEO SOFTWARE WILL BE CORRECTED. FURTHERMORE, PALEO DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PALEO SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PALEO OR AN PALEO AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE PALEO SOFTWARE PROVE DEFECTIVE, YOU (AND NOT PALEO OR A PALEO AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THE TERMS OF THIS DISCLAIMER DO NOT AFFECT OR PREJUDICE THE STATUTORY RIGHTS OF A CONSUMER ACQUIRING PALEO PRODUCTS OTHERWISE THAN IN THE COURSE OF A BUSINESS, NEITHER DO THEY LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY PALEO’S NEGLIGENCE.
6. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL PALEO BE LIABLE FOR SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE PALEO SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATON, SOFTWARE, AND RELATED CONTENT THROUGH THE PALEO SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE PALEO SOFTWARE, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS LICENSE, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF PALEO OR ANY SUPPLIER, AND EVEN IF PALEO OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THIS LIMITATION MAY NOT APPLY TO YOU. Paleo’s entire liability and your exclusive remedy for any liability relating to the Paleo Software or this License shall be, at Paleo’s option from time to time exercised subject to applicable law, (a) return of the amount paid (if any) for the Paleo Software, or (b) repair or replacement of the Paleo Software.
7. Additional Software and/or Services. This License applies to updates, patches, supplements, add-on components, revisions, upgrades, or Internet-based services components, of or to the Paleo Software that Paleo may provide to you or make available to you after the date you obtain your initial copy of the Paleo Software, unless we provide other terms along with the update, patch, supplement, add-on component, revision, upgrade, or Internet-based services component. Paleo reserves the right to discontinue any Internet-based services provided to you or made available to you through the use of the Paleo Software. Nothing in this License is intended to obligate, or does obligate, Paleo to provide any updates, patches, supplements, add-on components, revisions, upgrades, Internet-based services, or similar products.
8. Term. This License is effective until terminated. You may terminate this License Agreement by promptly returning the Paleo Software to Paleo and/or deleting and destroying all copies of the Paleo Software in their entirety. Paleo may terminate this License if you breach any of the terms and conditions contained here. Upon termination of this License for any reason, you shall return the Paleo Software to Paleo and/or delete and destroy all copies of the Paleo Software in their entirety. All provisions of this License relating to disclaimers of warranties, limitation of liability, remedies, or damages, and Paleo’s proprietary rights shall survive termination.
9. Export Law Assurances. You may not use or otherwise export or re-export the Paleo Software except as authorized by United States law and the laws of the jurisdiction in which the Paleo Software was obtained. In particular, but without limitation, the Paleo Software may not be exported or re-exported (i) into (or to a national or resident of) any U.S. embargoed country or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Table of Denial Orders. By using the Paleo Software, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list.
10. Government End Users. If the Paleo Software is supplied to the United States Government, the Paleo Software is classified as “restricted computer software” as defined in clause 52.227-19 of the FAR. The United States Government’s rights to the Paleo Software are as provided in clause 52.227-19 of the FAR.
11. Controlling Law and Severability. This License shall be governed by the laws of the United States and the State of California. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.
12. Complete Agreement. This License constitutes the entire agreement between the parties with respect to the use of the Paleo Software (and support services, if any) and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by Paleo.
13. Acknowledgement. BY CLICKING “I AGREE” YOU HEREBY ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ AND UNDERSTAND THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS.