You may not transfer, sell, lease, license, rent, or convert into convertible virtual currency any Virtual Currency or Virtual Goods except as expressly set forth in this Agreement or with Licensor's prior written consent.
Special Features, including content otherwise unavailable without a single-use serial code, are not transferrable to another person under any circumstances, and Special Features may cease functioning if the original installation copy of the Software is deleted or the pre-recorded copy is unavailable to the user. The Software is intended for private use only.
Licensor reserves the right to monitor use of the Software at any time. You may not interfere with such access control measures or attempt to disable or circumvent such security features, and if you do, the Software may not function properly. If the Software permits access to Special Features, only one copy of the Software may access those Special Features at one time.
Additional terms and registration may be required to access online services and to download Software updates and patches. Only Software subject to a valid license can be used to access online services, including downloading updates and patches. In exchange for use of the Software, and to the extent that your contributions through use of the Software give rise to any copyright interest, you hereby grant Licensor an exclusive, perpetual, irrevocable, fully transferable, and sub-licensable worldwide right and license to use your contributions in any way and for any purpose in connection with the Software and related goods and services, including, but not limited to, 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 and agree never to assert any moral rights of paternity, publication, reputation, or attribution with respect to Licensor's and other players' use and enjoyment of such assets in connection with the Software and related goods and services under applicable law.
This license grant to Licensor, and terms above regarding any applicable moral rights, will survive any termination of this Agreement. USER ACCOUNTS: In order to use the Software or a software feature, or for certain features of the Software to operate properly, you may be required to have and maintain a valid and active user account with an online service, such as a third-party gaming platform or social network account "Third-Party Account" , or an account with Licensor or a Licensor affiliate, as set forth in the Software documentation.
If you do not maintain such accounts, then certain features of the Software may not operate or may cease to function properly, either in whole or in part. The Software may also require you to create a Software-specific user account with Licensor or a Licensor affiliate "User Account" in order to access the Software and its functionality and features.
You are responsible for all use and the security of your User Accounts and any Third-Party Accounts that you use to access and use the Software. Regardless of the terminology used, VC and VG represent a limited license right governed by this Agreement. Subject to the terms of and compliance with this Agreement, Licensor hereby grants you the nonexclusive, non-transferable, non-sublicensable, limited right and license to use VC and VG obtained by you for your personal, non-commercial gameplay exclusively within the Software.
Except as otherwise prohibited by applicable law, VC and VG obtained by you are licensed to you, and you hereby acknowledge that no title or ownership in or to VC and VG is being transferred or assigned hereunder.
VC and VG do not have an equivalent value in real currency and do not act as a substitute for real currency. VC and VG do not incur fees for non-use; provided, however, that the license granted hereunder to VC and VG will terminate in accordance with the terms and conditions of this Agreement and the Software documentation, when Licensor ceases providing the Software, or this Agreement is otherwise terminated. For example, Licensor may provide VC or VG upon the completion of an in-game activity, such as attaining a new level, completing a task, or creating user content.
You may purchase VC and VG only within the Software, or through a platform, participating third-party online store, application store, or other store authorized by Licensor all referred to herein as "Software Store".
Purchase and use of in-game items or currency through a Software Store are subject to the Software Store's governing documents, including but not limited to, the Terms of Service and User Agreement. This online service has been sublicensed to you by the Software Store.
Licensor may offer discounts or promotions on the purchase of VC, and such discounts and promotions may be modified or discontinued by Licensor at any time without notice to you. Licensor, in its sole discretion, may impose additional limits on the amount of VC you may purchase or use, how you may use VC, and the maximum balance of VC that may be credited to your User Account.
You are solely responsible for all VC purchases made through your User Account regardless of whether or not authorized by you. Licensor reserves the right, in its sole discretion, to make all calculations regarding the available VC and VG in your User Account. Licensor further reserves the right, in its sole discretion, to determine the amount of and manner in which VC is credited and debited from your User Account in connection with your purchase of VG or for other purposes.
While Licensor strives to make all such calculations on a consistent and reasonable basis, you hereby acknowledge and agree that Licensor's determination of the available VC and VG in your User Account is final, unless you can provide documentation to Licensor that such calculation was or is intentionally incorrect.
The authorized uses and purposes of VC and VG may change at any time. VC and VG may only be redeemed for in-game goods or services and are not redeemable for any sum of money or monetary value or other goods from Licensor or any other person or entity at any time, except as expressly provided herein or otherwise required by applicable law. VC and VG have no cash value, and neither Licensor nor any other person or entity has any obligation to exchange your VC or VG for anything of value, including, but not limited to, real currency.
Licensor reserves the right, in its sole discretion, to terminate, suspend, or modify your User Account and your VC and VG and terminate this Agreement if you engage in, assist in, or request any Unauthorized Transactions.
All users who participate in such activities do so at their own risk and hereby agree to be responsible and liable to Licensor, its partners, licensors, affiliates, contractors, officers, directors, employees, and agents for all damages, losses and expenses arising directly or indirectly from such actions.
You acknowledge that Licensor may request that the applicable Application Store stop, suspend, terminate, discontinue, or reverse any Unauthorized Transaction, regardless of when such Unauthorized Transaction occurred or has yet to occur when it suspects or has evidence of fraud, violations of this Agreement, violations of any applicable law or regulation, or any intentional act designed to interfere or that otherwise has the effect of or may have the effect of intervening in any way with the operation of the Software.
If we believe or have any reason to suspect that you have engaged in an Unauthorized Transaction, you further agree that Licensor may, in its sole discretion, restrict your access to your available VC and VG in your User Account or terminate or suspend your User Account and your rights to any VC, VG, and other items associated with your User Account. You may not purchase or use VC if you are not in an approved location.
Licensor is not responsible or liable to you for any credit card or bank-related charges or other charges or fees related to your purchase transactions within the Software or through a Software Store.
All such transactions are administered by the Software Store, not Licensor. Licensor expressly disclaims any liability for any such transactions, and you agree that your sole remedy regarding all transactions is from or through such Software Store.
This Agreement is solely between you and Licensor, and not with any Software Store. The Software may require an internet connection to access internet-based features, authenticate the Software, or perform other functions.
If you do not maintain such accounts, then certain features of the Software may not operate or may cease to function properly, either in whole or in part. By installing and using this software, you consent to these information collection and usage terms, including where applicable transfer of data to Licensor and affiliated companies into a country outside of the European Union and the European Economic Area.
If you connect to the Internet when using the Software, either through a gaming platform network, or any other method, Licensor may receive information from hardware manufacturers or gaming platform hosts and may automatically collect certain information from your computer or gaming unit. This information may include, but is not limited to, user IDs such as gamer tags and screen names , game scores, game achievements, game performance, locations visited, buddylists, hardware MAC address, internet protocol address, and your usage of various game features.
All information collected by Licensor is intended to be anonymous information that does not disclose your identity or constitute personal information, however, if you include personal information such as your real name in your user ID, then such personal information will automatically be transmitted to Licensor and used as described herein.
If you do not want your information shared in this manner, then you should not use the Software. Licensor does not warrant against interference with your enjoyment of the Software; that the Software will meet your requirements; that operation of the Software will be uninterrupted or error-free, or that the Software will be compatible with third party software or hardware or that any errors in the Software will be corrected.
No oral or written advice provided by Licensor or any authorized representative shall create a warranty. Because some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, some or all of the above exclusions and limitations may not apply to you. If for any reason you find a defect in the storage medium or Software during the warranty period, Licensor agrees to replace, free of charge, any Software discovered to be defective within the warranty period as long as the Software is currently being manufactured by Licensor.
If the Software is no longer available, Licensor retains the right to substitute a similar piece of Software of equal or greater value. This warranty is limited to the storage medium and the Software as originally provided by Licensor and is not applicable to normal wear and tear. This warranty shall not be applicable and shall be void if the defect has arisen through abuse, mistreatment, or neglect. Any implied warranties prescribed by statute are expressly limited to the day period described above.
Except as set forth above, this warranty is in lieu of all other warranties, whether oral or written, express or implied, including any other warranty of merchantability, fitness for a particular purpose or non-infringement, and no other representations or warranties of any kind shall be binding on Licensor.
When returning the Software subject to the limited warranty above, please send the original Software only to the Licensor address specified below and include: your name and return address; a photocopy of your dated sales receipt; and a brief note describing the defect and the system on which you are running the Software. Upon any termination, you must destroy or return the physical copy of Software to the Licensor, as well as permanently destroy all copies of the Software, accompanying documentation, associated materials, and all of its component parts in your possession or control including from any client server or computer on which it has been installed.
Government or a U. INDEMNITY: You agree to indemnify, defend and hold Licensor, its partners, licensors, affiliates, contractors, officers, directors, employees and agents harmless from all damages, losses and expenses arising directly or indirectly from your acts and omissions to act in using the Software pursuant to the terms of the Agreement.
It may be amended only by a writing executed by both parties. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the remaining provisions of this Agreement shall not be affected.
This Agreement shall be construed without regard to conflicts or choice of law principles under the laws of the State of New York, as such law is applied to agreements between New York residents entered into and to be performed within New York, except as governed by federal law. Both parties consent to the jurisdiction of such courts and agree that process may be served in the manner provided herein for giving of notices or otherwise as allowed by New York state or federal law.
The parties agree that the UN Convention on Contracts for the International Sale of Goods Vienna, shall not apply to this Agreement or to any dispute or transaction arising out of this Agreement. If any Software is provided to you through the Apple Inc. This Agreement is solely between you and Licensor, and not with Apple. If the Software fails to substantially perform within the first 90 days, Licensee will be entitled to a replacement or a refund. AnyLogic makes no other warranties with respect to the Software.
If Buyer has purchased the software directly from Verso , then Verso warrants to Buyer that for a period of ninety 90 days the " Software Warranty Period " beginning upon the date of shipment , the Software will substantially conform to its associated documentation when used in a computing environment including on computer hardware and with operating systems specified as " compatible " in the documentation.
Verso's sole and exclusive obligation , and Buyer's sole and exclusive remedy , for breach of the foregoing warranty shall be, at Verso's option , to a correct any reproducible error in the Software; b replace the Software with a substantially equivalent substitute that conforms to the warranty set forth above; or c refund to Buyer the fees actually paid by Buyer to Verso for the non - conforming Software.
Some jurisdictions do not allow the disclaimer of implied warranties , so the above disclaimer of implied warranties may not apply to Buyer, in which case the duration of the implied warranties is sixty 60 days from when the Product is received by Buyer. Until the occurrence of the statute of limitations outlined in section 9.
For 1 year 12 months from the date that we ship a software product to you we warranty that is if free from physical defect and will provide all specified functionality when used in an authorized manner with the appropriate product.
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