Relaxer - End User License Agreement
2019 © Ray Games. All Rights Reserved.
1. Definitions.
"License" shall mean the terms and conditions for use and distribution as defined by this document.
"Licensor" shall mean
Ray
Games.
"Legal Entity" shall mean the union of the acting entity and all other entities that control, are controlled by, or are under common control with that entity. For the purposes of this definition, "control" means (i) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial ownership of such entity.
"You" (or "Your") shall mean an individual or Legal Entity exercising permissions granted by this License.
"The Software" shall mean all items contained within the Relaxer installation media, including but not limited to any computer software in object code, byte code, interpreted code, source code or other form of code, any configuration files and associated assets.
"Intellectual Property" means any computer program or routine (in object code, source code, or embedded format, regardless of the medium on which it resides), algorithms, know-how, firmware, hardware and/or software configurations, inventions, documentation, translations, text and other works of authorship, data, databases, information, mask works, designs, utility models, symbols, logos, marks, names, procedures, processes, methods, improvements and any other intangibles as well as the prototypes, samples, copies, and other materialized forms of the foregoing intangibles.
"Device" shall mean a computer system either on physical hardware or a Virtual machine, under Your direct control.
"User" shall mean an individual who interacts directly with The Software.
2. Grant of Rights.
The Software remains the sole property of the Licensor. You may not:
a) Redistribute, sell, give, lease, rent or sub-license The Software to any third party in any form
b) Modify or attempt to circumvent any restrictions enforced by The Software on its use
You may use The Software only pursuant to the terms set out in this agreement:
c) Single-User Edition – You may install and use The Software indefinitely on a single Device; each installation of the software must be accessed directly by the user interface of the Software on the device that it is installed. Only one person may interact with The Software at any one time.
d) The Intellectual Property remains the sole property of The Licensor.
d) For greater clarity, no licenses under this EULA shall extend to any source code.
3. No Reverse Engineering.
Except to the extent You are expressly permitted to do so under applicable law, You agree not to reverse engineer, translate, create derivative works of, decompile, separate, and/or disassemble, any Goods or portions thereof nor allow or assist others to do so.
4. Trademarks.
This License does not grant permission to use the trade names, trademarks, service marks, product names or logos of the Licensor, except as required for reasonable and customary use in describing the origin of The Software.
5. Third Party Software.
The Licensor does not make any warranty of title, non-infringement, merchantability or fitness for a particular purpose of any third party software or products used or relied upon by The Software.
6. Disclaimer of Warranty.
Unless required by applicable law or agreed to in writing, Licensor provides The Software on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. You are solely responsible for determining the appropriateness of using The Software and assume any risks associated with Your exercise of permissions under this License.
7. Limitation of Liability.
In no event and under no legal theory, whether in tort (including negligence), contract, or otherwise,
unless required by applicable law (such as deliberate and grossly negligent acts) or agreed to in writing, shall the Licensor be liable to You for damages, including any direct, indirect, special, incidental, or consequential damages of any character arising as a result of this License or out of the use or inability to use The Software (including but not limited to damages for loss of goodwill, work stoppage, computer failure or malfunction, any and all other commercial damages or losses, any and all other personal damages or losses), even if the Licensor has been advised of the possibility of such damages.
It is understood that The Software may ONLY be purchased through a valid and approved distribution channel.
The Licensor’s ENTIRE LIABILITY UNDER THIS AGREEMENT will be limited to the AMOUNT ACTUALLY PAID by You for The Software.
