commit: af92232d5e8c612861e745d1bb72dbadb4526277
Author: James Le Cuirot <chewi <AT> gentoo <DOT> org>
AuthorDate: Tue Sep 3 22:16:59 2019 +0000
Commit: James Le Cuirot <chewi <AT> gentoo <DOT> org>
CommitDate: Tue Sep 3 22:30:58 2019 +0000
URL: https://gitweb.gentoo.org/repo/gentoo.git/commit/?id=af92232d
licenses: Add Yacht-Club-Games-EULA for Shovel Knight
Signed-off-by: James Le Cuirot <chewi <AT> gentoo.org>
licenses/Yacht-Club-Games-EULA | 40 ++++++++++++++++++++++++++++++++++++++++
1 file changed, 40 insertions(+)
diff --git a/licenses/Yacht-Club-Games-EULA b/licenses/Yacht-Club-Games-EULA
new file mode 100644
index 00000000000..ee8d30a1fef
--- /dev/null
+++ b/licenses/Yacht-Club-Games-EULA
@@ -0,0 +1,40 @@
+Yacht Club Games, LLC
+End User License Agreement
+
+THIS END USER LICENSE AGREEMENT ("EULA") IS A BINDING LEGAL AGREEMENT BETWEEN
Yacht Club Games, LLC ("Yacht Club Games") AND YOU AND, IF APPLICABLE, THE
COMPANY OR OTHER LEGAL ENTITY YOU REPRESENT (COLLECTIVELY, "YOU" AND "YOUR")
REGARDING THE GAME SOFTWARE THAT YOU ARE INSTALLING, INCLUDING ANY ACCOMPANYING
MANUAL OR OTHER RELATED MATERIAL PROVIDED BY Yacht Club Games AS PART OF, OR IN
CONNECTION, THEREWITH (COLLECTIVELY, THE "GAME").
+
+BY CLICKING THE "I AGREE" BUTTON BELOW, OR BY OTHERWISE CONTINUING TO INSTALL,
DOWNLOAD, COPY, ACCESS OR USE THE GAME, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND
AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE, YOU MUST
SELECT THE "I DON'T AGREE" BUTTON AND YOU MAY NOT CONTINUE TO INSTALL,
DOWNLOAD, COPY, ACCESS OR USE THE GAME.
+
+1. LICENSE GRANT AND RESTRICTIONS.
+
+ 1.1 License Grant. Yacht Club Games hereby grants to you a
non-exclusive license to use a single copy of the object code version of the
Game for your personal, non-commercial home entertainment use on one personal
computer or other compatible electronic device. You may sell or transfer your
copy of the Game to another person along with, and subject to, your rights
under this EULA, only if you do not retain any copies.
+
+ 1.2 Restrictions. You may not (i) decompile, disassemble or reverse
engineer the Game or otherwise attempt to gain access to its source code,
except to the extent that such restrictions are expressly prohibited by law;
(ii) copy, offer for public display or create derivative works thereof, except
to the extent that such restrictions are expressly prohibited by law; (iii)
rent, lease, loan, sublicense or distribute the Game, or offer it on a
pay-per-play, coin-op or other for charge (or free) basis; (iv) use the Game to
infringe the copyrights or other intellectual property rights of others in any
way; (v) modify or delete the copyright and other proprietary rights notices on
or in the Game.
+
+ 1.3 Game Specific Terms and Conditions. For additional terms and
conditions that may apply to the Game, such as third-party copyright notices
and license information, please review the Readme file included with the Game.
The ReadMe file for the Game is hereby incorporated into this EULA by this
reference.
+
+2. TERMINATION. This EULA is effective until terminated. You may terminate
this EULA at any time by uninstalling the Game and destroying all copies of the
Game in your possession or control. Yacht Club Games may terminate this EULA
immediately upon notice to you if you breach any of its terms or conditions.
Upon termination of this EULA, you agree to immediately uninstall the Game and
destroy all copies of the Game.
+
+3. GAME OWNERSHIP. The Game is the copyrighted proprietary material of
Yacht Club Games and/or its third-party licensors and is subject to copyright
protection under U.S. copyright law and international copyright treaties, as
well as other intellectual property laws and treaties. Yacht Club Games and/or
its third-party licensors retain all right, title, and interest in the Game
(and any copies thereof) and specifically reserve all rights not expressly
granted under this EULA.
+
+4. LIMITED WARRANTIES BY Yacht Club Games.
+
+ 4.1 Limited Warranty. Yacht Club Games WARRANTS TO YOU, THE
ORIGINAL PURCHASER OF THE GAME, THAT THE GAME WILL BE FREE FROM DEFECTS IN
MATERIALS AND WORKMANSHIP FOR A PERIOD OF NINETY (90) DAYS FROM THE DATE OF
PURCHASE (THE "WARRANTY PERIOD"). THIS LIMITED WARRANTY IS VOID IF THE GAME
HAS BEEN SUBJECT TO MISUSE, DAMAGE OR IF YOU HAVE VIOLATED THIS EULA. TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL OTHER WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, OR WARRANTIES THAT THE
GAME WILL BE ERROR-FREE, SECURE OR VIRUS-FREE, ARE HEREBY EXPRESSLY DISCLAIMED.
+
+ 4.2 Additional Warranty for Retail Product. IF YOU PURCHASED THE
GAME ON A DISC OR OTHER RECORDING MEDIUM, THEN YOU MUST MAKE ANY WARRANTY CLAIM
TO THE RETAILER FROM WHICH YOU PURCHASED THE GAME BY PROVIDING A COPY OF YOUR
ORIGINAL SALES RECEIPT AND ANY OTHER DETAILS REQUIRED BY THE RETAILER. THE
RETAILER, AT ITS OPTION, MAY REFUND YOUR PURCHASE PRICE, REPAIR OR REPLACE THE
DISC OR OTHER MEDIA CONTAINING THE GAME. ANY REPLACEMENT WILL BE WARRANTED FOR
THE REMAINDER OF THE ORIGINAL WARRANTY PERIOD OR THIRTY (30) DAYS, WHICHEVER IS
LONGER. YOUR EXCLUSIVE REMEDY, AND THE ENTIRE LIABILITY OF Yacht Club Games,
ITS AFFILIATES, LICENSORS AND SUPPLIERS (COLLECTIVELY, "THE Yacht Club Games
PARTIES"), FOR BREACH OF THIS WARRANTY, SHALL BE THE REFUND, REPAIR OR
REPLACEMENT DESCRIBED ABOVE.
+
+5. LIMITATION OF LIABILITY. NO PROVISIONS OF THIS EULA SHALL APPLY TO LIMIT
LIABILITY ARISING FROM DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE OR FOR
FRAUD. OTHERWISE, IN NO EVENT WILL THE Yacht Club Games PARTIES' TOTAL
AGGREGATE LIABILITY TO YOU FOR DIRECT DAMAGES, LOSSES, AND CAUSES OF ACTION
ARISING OUT OF OR RELATING TO THIS EULA AND/OR YOUR USE OF THE GAME EXCEED THE
AMOUNT PAID BY YOU FOR THE GAME. IN NO EVENT WILL THE Yacht Club Games PARTIES
BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR ANY OTHER
TYPE OF DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES RELATING TO LOST PROFITS,
LOSS OF DATA, PRIVACY, NEGLIGENCE OR OTHER DUTY OF CARE), EVEN IF ONE OR MORE
OF THE Yacht Club Games PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
+
+6. BASIS OF THE BARGAIN; EXCLUSIONS. The disclaimers of warranties and
limitations of liability set forth above are fundamental elements of the basis
of the agreement between you and Yacht Club Games. You understand and agree
that Yacht Club Games would not be able to economically or reasonably provide
the Game to you without these limitations. HOWEVER, SOME JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OF IMPLIED WARRANTIES AND/OR THE LIMITATION OF INDIRECT
DAMAGES AS SET FORTH IN SECTIONS 4 AND 5 ABOVE, SO THE ABOVE EXCLUSIONS AND
LIMITATIONS MAY NOT APPLY TO YOU.
+
+7. INDEMNIFICATION. You agree to indemnify, defend and hold harmless the
Yacht Club Games Parties, including their respective employees, officers,
directors and personnel from any claims, losses, damages, liabilities,
including attorneys' fees, arising out of your violation of this EULA and/or
your use or misuse of the Game.
+
+8. EXPORT CONTROL. The Game originates in the United States and is subject to
United States export laws and regulations. You may not export or re-export, in
whole or in part, the Game to certain countries, persons or entities prohibited
from receiving exports from the United States. Additionally, the Game may be
subject to the import and export laws of other countries, and you agree that
you will comply with any such foreign import and export laws, as applicable.
+
+9. MISCELLANEOUS. You agree to comply with all United States and foreign laws
related to your use of the Game. This is the entire agreement between you and
Yacht Club Games relating to the subject matter herein and replaces any and all
previous representations, agreements, understandings or communications, whether
written or oral. This EULA may not be modified except in writing, signed by
both parties. If a court of competent jurisdiction declares any provision of
this EULA to be void or unenforceable, then such provision will be interpreted,
construed or reformed to the extent reasonably required to render it valid,
enforceable and consistent with the original intent underlying such provision,
and such invalidity or unenforceability will not affect any other provision of
this EULA. The English language version of this EULA will control its
interpretation.
+
+10. GOVERNING LAW AND VENUE.
+
+This EULA will be governed by and construed in accordance with the laws of the
State of California, USA, excluding its conflicts of law rules and specifically
excluding the United Nations Convention on Contracts for the International Sale
of Goods. Venue for any action hereunder shall lie exclusively in the state
and federal courts located in San Francisco County, California USA and you
hereby consent and submit to the personal jurisdiction of such courts.
+
+11. NOTICES; HOW TO CONTACT Yacht Club Games. The Game is made available to
you by Yacht Club Games, LLC. Yacht Club Games may be contacted via its
website (http://yachtclubgames.com).
