This Software End User License Agreement (“Agreement”) is between you (both the individual installing the Software and any single legal entity for which the individual is acting) (“You” or “Your”) and ENTROPI GAMES OÜ (“EntroPi Games”).
TAKING ANY STEP TO SET UP OR INSTALL THE SOFTWARE MEANS THAT YOU ACCEPT ALL OF THE TERMS OF THIS LICENSE AGREEMENT. PERMISSION TO DOWNLOAD AND/OR USE THE SOFTWARE IS EXPRESSLY CONDITIONED ON YOUR FOLLOWING THESE TERMS. WRITTEN OR ELECTRONIC APPROVAL IS NOT REQUIRED TO MAKE THIS AGREEMENT VALID AND ENFORCEABLE. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO USE THE SOFTWARE AND MUST STOP INSTALLING IT OR UNINSTALL IT, AS APPLICABLE.
1. LICENSE: The Software is licensed, not sold. The Software is protected by copyright law and international copyright treaty provisions, as well as other intellectual property laws and treaties. You must not allow copies of the Software or any part of it to be made or distributed to anyone else. You may make backup copies of the software for archival purposes only.
2. LICENSE GRANT: EntroPi Games grants You a non-exclusive and non-transferable license to use for personal or business purposes the executable code version of the Software. This license does not entitle You to receive from EntroPi Games hard-copy documentation, technical support, telephone assistance, or enhancements or updates to the Software. You may not customize or redistribute the Software. In the event You wish to redistribute or sublicense the Software, either for profit or otherwise, You must first obtain written permission from EntroPi Games to do so.
3. RESTRICTIONS: Except as otherwise expressly permitted in this Agreement, You may not: (i) modify or create any derivative works of the Software; (ii) decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for the Software (except to the extent applicable laws specifically prohibit such restriction); (iii) redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer rights to the Software; (iv) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Software.
4. PROPRIETARY RIGHTS: EntroPi Games retains all right, title and interest in and to all patent, copyright, trademark, trade secret and other intellectual property rights in the Software, and any derivative works thereof. You do not acquire any other rights, express or implied, beyond the limited license set forth in this Agreement.
5. The Software is licensed for installation on multiple computers, but the Software can only be run on a maximum of one computer at any single time operated by You.
6. WARRANTY DISCLAIMER:
THE SOFTWARE IS PROVIDED “AS IS” WITHOUT ANY REPRESENTATIONS OR WARRANTIES, AND YOU AGREE TO USE THEM AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, ENTROPI GAMES EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SOFTWARE, WHETHER EXPRESS, IMPLIED, STATUTORY, OR ARISING OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, ACCURACY, TITLE OR NON-INFRINGEMENT.
7. LIMITATION OF LIABILTY: In no event will EntroPi Games be liable in connection with this Agreement or its subject matter, under any theory of liability, for any indirect, incidental, special, consequential or punitive damages, or damages for lost profits, revenue, business, savings, data, use, or cost of substitute procurement, even if advised of the possibility of such damages or if such damages are foreseeable. In no event will EntroPi Games’s liability for all damages exceed the amounts actually paid by You to EntroPi Games for the Software. The parties acknowledge that the liability limits and risk allocation in this Agreement are reflected in the Software price and are essential elements of the bargain between the parties, without which EntroPi Games would not have provided the Software or entered into this Agreement.
8. The Software may not be rented, leased, or in any other manner commercially exploited without prior written permission of EntroPi Games.
9. RESTRICTIONS TO INFRINGEMENTS OF COPYRIGHT PROTECTED DATA OWNED BY THIRD PARTY: Unauthorized copying, distribution, modification, public display, or public performance of copyrighted works is an infringement of the copyright holders’ rights. As a condition to Your agreement with EntroPi Games, You agree that You will not use the Software to infringe the intellectual property rights of others in any way.
When using the Software, You must agree on the following: (i) To follow copyright protection laws, rules and regulations designated in every country and international treaties; (ii) To legally obtain music data used in the Software; (iii) Not to bypass or decode Digital Rights Management technology implemented to the data.
10. If You use the Software to create or distribute audio, video, or other content, EntroPi Games is not responsible for such content, and You are solely responsible, for the property rights, legality, and regulation of all such content, including but not limited to issues of copyright ownership and obscenity regulation worldwide.
11. USER CREATED CONTENT: Vinyl Reality or related companion application or tools may allow you to create content, including but not limited to playable environments. In exchange for your use of Vinyl Reality, and to the extend that your contributions through use of Vinyl Reality give rise to any copyright interest, you hereby grant EntroPi Games an exclusive, perpetual, irrevocable, fully transferable and sublicensable worldwide right and license to use your contributions in any way and for any purpose in connection with Vinyl Reality and related goods and services, including the rights to reproduce, copy, adapt, modify, perform, display, publish, broadcast, transmit, or otherwise communicate to the public by any means whether now known or unknown and distribute your contributions without any further notice or compensation to you of any kind for the whole duration of protection granted to intellectual property rights by applicable laws and international conventions. You hereby waive any moral rights of paternity, publication, reputation, or attribution with respect to EntroPi Games’s and other players’ use and enjoyment of such assets in connection with Vinyl Reality under applicable law. This license grant to EntroPi Games, and the above waiver or any applicable moral rights, survives any termination of this EULA.
12. TERMINATION: Without prejudice to any other rights, EntroPi Games may terminate this Agreement if You breach any of its terms and conditions. Upon termination, You shall destroy all copies of the Software.