END USER LICENSE AGREEMENT
Last Updated: July 27, 2011
IMPORTANT: BY CHECKING THE "I ACCEPT THE LICENSE AGREEMENT(S)" CHECKBOX, YOU AGREE TO BE AND ARE HEREBY BOUND BY THE TERMS OF THIS LICENSE AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, THE GAME WILL NOT BE ACCESSIBLE AND YOU WILL NOT BE ALLOWED TO PLAY THE GAME.
This License for Mechatars™ on-line game (hereinafter the "Game") is granted by Bossa Nova Robotics, Inc. ( "we" or "Bossa Nova").
IMPORTANT - READ CAREFULLY: This End User License Agreement ("Agreement") is a legal agreement between you ("you" or the "User") and Bossa Nova. It imposes certain restrictions on your use of the Game and the associated website, www.mechatars.com (the "Site"). Bossa Nova and its affiliates and licensors retain ownership of the Game, and no rights are granted to you other than a license to use the Game as well as any printed materials related to the Game (the "Printed Materials") and any on-line or electronic manual related to the Game (the "Manual"), subject to the terms expressly set forth in this Agreement.
Bossa Nova reserves the right to modify and update this Agreement at any time and Bossa Nova will give you notice of any changes by posting the amended Agreement on the Site. Any such amendment or update will be effective immediately upon the posting thereof on the Site. Your continued use of the Game or the Site indicates your agreement to and acceptance of each such amendment and update.
I. GRANT OF LICENSE:
Bossa Nova hereby grants you a non-exclusive, limited, non-assignable, and non-transferable license to use the Game, the Printed Materials, and the Manual for personal, non-commercial, and lawful purposes subject to the following provisions:
A. Permitted Uses. You agree to the following permitted uses regarding Your use of the Game, the Printed Materials, and the Manual:
(1) you may only use the Game on one single computer or on a second computer, so long as the first and second computers are not used simultaneously;
(2) you may copy the Game, the Printed Materials, and the Manual only for back-up and archival purposes, provided any such copies contain all original proprietary notices; and
(3) you may use content created through use of the Game only for personal, non-commercial purpose.
B. Prohibited Uses. You may NOT (and you agree not to permit another person to):
(1) permit other individuals to use the Game, the Printed Materials, and the Manual except for the permitted uses listed above;
(2) modify, translate, reverse engineer, decompile, disassemble, or otherwise reduce the Game to a human-perceivable form (except to the extent that this restriction is expressly prohibited by law), or create derivative works based upon or using the Game, the Printed Materials, and the Manual;
(3) copy the Game, the Printed Materials, or the Manual (except for back-up purposes);
(4) sell, rent, lease, sublicense, assign, distribute, lend, or otherwise transfer the Game, the Printed Materials, or the Manual;
(5) copy, transmit or publish the Game, the Printed Materials, or the Manual on the Internet or via any other means of publication;
(6) use the back-up copy for any purpose other than as a replacement for the primary copy;
(7) use the Game, the Printed Materials, the Manual or backup copy thereof for any commercial purpose;
(8) remove any proprietary notices or labels contained in or on the Game, the Printed Materials, or the Manual; or
(9) use a third party product to alter the Game or impact others' enjoyment of the Game.
Any use or transfer in violation of the above will lead to immediate, automatic termination of your license.
Bossa Nova is not obligated to provide maintenance to You for the Game. However, Bossa Nova shall have the right and permission to deploy or provide patches, updates and modifications to the Game, as needed or as useful to:
(i) enhance the gaming experience by adding new content to the Game, (ii) incorporate new features to the Game, (iii) enhance content or features already in the Game; (iv) fix 'bugs' that may be altering the Game; (v) determine how you and other players utilize the Game so that the Game can be enhanced for the enjoyment of the Game's users; (vi) protect you and other players against cheating; (vii) institute any balancing, gameplay changes or other measures to the Game in its sole discretion; and (viii) make the gaming environment safer for you. These patches, updates and modifications to the Game must be installed for the User to continue to play the Game. Bossa Nova may update the Game remotely, including, without limitation, the Game as residing on your machine, with or without your knowledge or consent, and You hereby grant to Bossa Nova your consent to deploy and apply such patches, updates and modifications to the Game. Any patches, updates, and modifications to the Game shall be considered part of the Game and subject to the provisions of this Agreement.
All title, ownership rights, and intellectual property rights in and to the Game, the Printed Materials, and the Manual shall remain with Bossa Nova or its licensors. All rights not expressly granted to you in this Agreement are reserved to Bossa Nova or its licensors. The Game, the Printed Materials, and the Manual are protected by national copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.
Title, ownership rights and intellectual property rights in and to the content accessed through the Game, including any content contained in the Game media demonstration files, is the property of the applicable content owner and may be protected by applicable copyright or other law. This license gives you no rights to such content.
IV. LIMITED WARRANTY:
THE GAME IS PROVIDED ON AN "AS IS" AND "WITH ALL FAULTS" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, LACK OF VIRUSES, ACCURACY OR ANY OTHER APPLICABLE STATUTORY WARRANTIES (TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW). THE USE OF THE GAME, HEREUNDER THE QUALITY AND PERFORMANCE OF THE GAME IS AT YOUR SOLE RISK. SHOULD THE GAME PROVE DEFECTIVE, YOU (AND NOT BOSSA NOVA OR AN AUTHORIZED BOSSA NOVA DEALER) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
SOME STATES AND COUNTRIES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY BY STATE OR COUNTRY.
Bossa Nova does not warrant that the functionality provided by the programs based on the Game will meet your requirements or that the operation of said programs will be uninterrupted or error free.
V. LIMITATION OF LIABILITY AND REMEDIES:
The entire liability of Bossa Nova, and your exclusive remedy, shall be your ability to terminate this Agreement.
IN NO EVENT WILL BOSSA NOVA BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY LOST PROFITS, LOST SAVINGS OR OTHER INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE SUCH GAME EVEN IF BOSSA NOVA OR AN AUTHORIZED BOSSA NOVA DEALER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.
SOME COUNTRIES OR STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
VI. TERMINATION; SURVIVAL:
This Agreement shall terminate automatically if you fail to comply with the provisions of this Agreement or if, in Bossa Nova's sole discretion, it ceases to provide the Game. [No notice shall be required from Bossa Nova to effectuate such termination.] The provisions of this Agreement, other than Section I (License) shall continue in full force and effect even after this Agreement has been terminated.
VII. VIRTUAL CURRENCY:
If You have an active account, You may participate in Bossa Nova's Virtual Currency service offering (defined below). Virtual Currency is an online redeemable point system, with no cash value, that can be used to obtain certain products and services offered by Bossa Nova ("Virtual Currency"). Virtual Currency can be acquired, used and redeemed in a variety of ways. For example, you may have the opportunity to acquire Virtual Currency by participating in and/or by completing certain tasks or objectives in the Game or another of Bossa Nova's games. We may also offer Virtual Currency to you for free through one of our promotional campaigns. In addition, we currently offer Virtual Currency to you for sale through our online store. Virtual Currency is sold in bundles and the price may vary at our discretion and depending on the amount you purchase. Bossa Nova may from time to time limit the amount of Virtual Currency you may obtain in your account balance at any one time or in the aggregate. Bossa Nova will notify you if you reach such limit. You are solely responsible for any tax consequences that may result from your acquisition, use or redemption of Virtual Currency.
License to use Virtual Currency. No matter how you obtain Virtual Currency, you acknowledge and agree that such Virtual Currency solely represents a limited license right to a virtual good that is governed by the terms of this Agreement, and that such Virtual Currency is non-transferable to another person. Virtual Currency has no cash value and is non-redeemable for any sum of money or monetary value from Bossa Nova at any time. Virtual Currency does not constitute a personal property right.
Redemption of Virtual Currency. From time to time, Bossa Nova may offer opportunities for you to redeem your Virtual Currency for certain items or services provided that you have a sufficient balance to do so. While your Virtual Currency does not have any set expiration date, please be aware that Bossa Nova may from time to time cease, without notice to you, discontinue any item or service in exchange for your Virtual Currency. As such, if you see an item or service being offered by us for redemption that interests you, we strongly encourage you to redeem your Virtual Currency for such item or service as soon as possible. We reserve the right from time to time to limit the amount of Virtual Currency you may redeem or purchase at any one time, day or week. We will notify you if you reach such limits. Once you redeem your Virtual Currency, the amount redeemed will be deducted from your balance. We will not reinstate any deducted Virtual Currency except in limited circumstances at our sole and absolute discretion after investigation.
Improper Usage of Virtual Currency. We reserve the right to reduce, liquidate, deactivate, suspend or terminate your Virtual Currency or access thereto if we suspect, after investigation, that you have misused the Virtual Currency service, violated the terms of this Agreement, or have otherwise used the Virtual Currency service to conduct any fraudulent or illegal activity.
In the event that Bossa Nova suspends or terminates your account or this Agreement, you understand and agree that you shall receive no refund or exchange for any unused Virtual Currency on the account, any license or fees, any content or data associated with your account, or for anything else. Bossa Nova has the right at any time for any breach of this agreement or general suspension or termination of the Game, to suspend or terminate your account, terminate this Agreement, and/or refuse any and all current or future use of the Game without notice or liability to you.
Termination of Service or Virtual Currency Program. Bossa Nova reserves the right to terminate the Service or the Virtual Currency program at any time, without notice. In the event that Bossa Nova terminates the Service or the Virtual Currency program, you understand and agree that you shall receive no refund or exchange for any unused Virtual Currency on the account, any license or fees, any content or data associated with your account, or for anything else
VIII. GOVERNING LAW, DISPUTE RESOLUTION, AND EXPORT CONTROL:
Export Control. You acknowledge that the export of the Game is governed by the export control laws of the United States of America and other countries. You may not directly or indirectly, export, re-export, download, or ship the Game in violation of the laws and regulations of the U.S.A. or the laws and regulations of the applicable jurisdiction in which you use or are downloading the Game. If you are downloading the Game, you represent and warrant that you are not located in or under the control of any country which the export laws and regulations of such country or of the U.S.A. prohibit the exportation of the Game to.
Government Agency End Users. If you are, or are entering into this Agreement on behalf of, any agency or instrumentality of the United States Government, you acknowledge that the Game is provided as "commercial computer Game" under provisions of this Agreement, and that use, duplication, or disclosure of the Game or any material related to the Game shall be subject to 48 C.F.R. 2.101 (OCT 1995), consisting of "commercial computer Game" and "commercial computer Game Manual" as such terms are used in 48 C.F.R. 12.212 (SEPT 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7204-4 (JUNE 1995), or any successor regulations, a licensee shall be provided the licensed Game pursuant to the terms and conditions herein.
Government Agency End Users. If you are, or are entering into this Agreement on behalf of, any agency or instrumentality of the United States Government, you acknowledge that the Game is provided as "commercial computer Game" under provisions of this Agreement, and that use, duplication, or disclosure of the Game or any material related to the Game shall be subject to 48 C.F.R. 2.101 (OCT 1995), consisting of "commercial computer Game" and "commercial computer Game Manual" as such terms are used in 48 C.F.R. 12.212 (SEPT 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7204-4 (JUNE 1995), or any successor regulations, a licensee shall be provided the licensed Game pursuant to the terms and conditions herein. Dispute Resolution. To facilitate the resolution of any controversy related to this Agreement ("Dispute"), you and Bossa Nova agree to first attempt to resolve any Dispute (except those Disputes expressly excluded below) informally for at least 30 days before initiating any arbitration or court proceeding. Informal resolution may be completed through a customer service mechanism. If this fails, additional informal discussions begin upon written notice from you or Bossa Nova. Bossa Nova will send its notice to the email address you have provided to Bossa Nova and may also provide a copy to a physical address if we have one on file. You will send your notice to Bossa Nova Robotics, Inc., Suite 108, 2325 3rd Street, San Francisco, CA 94107, Attn: Legal Department]. If you and Bossa Nova are unable to resolve a Dispute through informal discussions, either you or Bossa Nova may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by final binding arbitration. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be performed under the Commercial Arbitration Rules of the American Arbitration Association ("AAA"). Your arbitration fees and your share of arbitrator compensation shall be governed by these AAA rules. If such costs are determined by the arbitrator to be excessive, Bossa Nova will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online as allowed by the AAA rules. Except as otherwise provided in this Agreement, you and Bossa Nova may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
No Class Action. You and Bossa Nova agree that any arbitration shall be limited to the Dispute between Bossa Nova and you individually. To the full extent permitted by law, no arbitration or other dispute resolution proceeding shall be joined with any other or decided on a class-action basis.
Exceptions to Informal Discussions and Arbitration. You and Bossa Nova agree that the following Disputes are not subject to the above provisions concerning informal discussions and binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of, any intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or criminal activity; and (3) any claim for injunctive relief.
Venue. Any arbitration will take place in the County of San Francisco, State of California, United States of America. Any Dispute not subject to arbitration (other than any claims proceeding in any small claims court), or where no election to arbitrate has been made, shall be decided by a court of competent jurisdiction within the County of San Francisco, State of California, United States of America, and you and Bossa Nova agree to submit to the personal jurisdiction of that court. Each party hereby waives any claim that such venue is improper or inconvenient. Governing Law. Construction and performance of this Agreement and the legal relations between the parties hereto shall be under the law of the State of California without regard to its conflict of law provisions.
IX. ENTIRE AGREEMENT; MINORS; AMENDMENTS:
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND BOSSA NOVA, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN YOU AND BOSSA NOVA RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.
Please note that all persons under the age of majority in their jurisdiction are required to have a parent or guardian read and accept this Agreement on their behalf. This Agreement may not be modified except in writing duly signed by an authorized representative of Bossa Nova and you.
If any provision of this Agreement is held invalid or unenforceable, in whole or in part, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, and the validity and enforceability of all other provisions of this Agreement shall not be affected thereby. You have no right to assign this Agreement.
XI. SUPPORT SERVICES
Bossa Nova is not obligated to provide technical support services to you for the Game. However, Bossa Nova may provide you with technical support services related to the Game, for your informational purposes only.
NO ORAL OR WRITTEN ADVICE OR INFORMATION PROVIDED BY BOSSA NOVA OR ANY OF ITS AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY, AND YOU ARE NOT ENTITLED TO RELY ON ANY SUCH ADVICE OR INFORMATION.
Bossa Nova, the Bossa Nova logo, the Mechatars logo, Mechatars.com, and the Mechaverse logo are trademarks of Bossa Nova Robotics, Inc. (c)2011 Bossa Nova Robotics, Inc. All rights reserved.