Starport

User Agreement


	YOU SHOULD CAREFULLY READ THE FOLLOWING END USER LICENSE AGREEMENT BEFORE INSTALLING THIS SOFTWARE . BY INSTALLING OR OTHERWISE USING THE SOFTWARE , YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT DOWNLOAD THIS GAME. This software (the 'Game'), any printed materials, any online or electronic documentation, and any and all copies and derivative works of such software program (including materials created with a so called level editor, if included) and materials are the copyrighted work of Iocaine Studios. All rights reserved, except as expressly stated herein. All use of the Game is governed by the terms of this End User License Agreement provided below ("License Agreement"). The Game is solely for use by end users according to the terms of the License Agreement. Any use, reproduction or redistribution of the Game not in accordance with the terms of the License Agreement is expressly prohibited. END USER LICENSE AGREEMENT 1. Limited Use License. Iocaine Studios hereby grants, and by installing the Game you thereby accept, a limited, non-exclusive license and right to install and use a copy of the Game for your use on either a home, business or portable computer. In addition, the Game may have a multi-player capability that allows users to utilize the Game over the Internet. The Game may also contain a Level Editor (the 'Editor') that allows you to create custom levels or other materials for your personal use in connection with the Game ('New Materials'). All use of the Editor or any New Materials is subject to this License Agreement. The Game is licensed, not sold. Your license confers no title or ownership in the Game. 2. Ownership. All title, ownership rights and intellectual property rights in and to the Game and any and all copies thereof (including but not limited to any titles, computer code, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, any related documentation, and 'applets' incorporated into the Game) are owned by Iocaine Studios or its licensors. The Game is protected by the copyright laws of the United States, international copyright treaties and conventions and other laws. All rights are reserved. The Game contains certain licensed materials and Iocaine Studios' licensors may protect their rights in the event of any violation of this Agreement. 3. Responsibilities of End User. A. Subject to the Grant of License hereinabove, you may not, in whole or in part, copy, photocopy, reproduce, translate, reverse engineer, derive source code, modify, disassemble, decompile, create derivative works based on the Game, or remove any proprietary notices or labels on the Game without the prior consent, in writing, of Iocaine Studios. B. The Game is licensed to you as a single product. Its component parts may not be separated for use on more than one computer. C. You are entitled to use the Game for your own use, but you are not entitled to: (i) sell, grant a security interest in or transfer reproductions of the Game to other parties in any way, nor to rent, lease or license the Game to others without the prior written consent of Iocaine Studios. (ii) exploit the Game or any of its parts for any commercial purpose including, but not limited to, use at a cyber café, computer gaming center or any other location-based site. Iocaine Studios may offer a separate Site License Agreement to permit you to make the Game available for commercial use; contact Iocaine Studios for details; (iii) host or provide matchmaking services for the Game or emulate or redirect the communication protocols used by Iocaine Studios in the network feature of the Game, through protocol emulation, tunneling, modifying or adding components to the Game, use of a utility program or any other techniques now known or hereafter developed, for any purpose including, but not limited to network play over the Internet, network play utilizing commercial or non-commercial gaming networks or as part of content aggregation networks without the prior written consent of Iocaine Studios; 4. Game Transfer. You may permanently transfer all of your rights under this License Agreement, provided the recipient agrees to the terms of this License Agreement and you agree to remove the Game from your home or portable computer. 5. Termination. This License Agreement is effective until terminated. You may terminate the License Agreement at any time by destroying the Game. Iocaine Studios may, at its discretion, terminate this License Agreement in the event that you fail to comply with the terms and conditions contained herein. In such event, you must immediately destroy the Game. 6. Export Controls. The Game may not be re-exported, downloaded or otherwise exported into (or to a national or resident of) any country to which the U.S. has embargoed goods, or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. By installing the Game, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list. 7. Customer Service/Technical Support. "Customer Service" as used herein may be provided to you by Iocaine Studios representatives by telephone and/or by electronic message (e-mail). "Technical Support" may be provided to you by Iocaine Studios by telephone, electronic message (e-mail), or by posting of information related to known technical support issues on a web site. Unless otherwise stated in the Game's packaging or in the Game's user manual, nothing herein shall be construed so as to place a duty upon Iocaine Studios to provide Customer Service or Technical Support via a toll-free telephone number for an unlimited period of time. 8. Limited Warranty. Iocaine Studios expressly disclaims any warranty for the Game, Editor and Manual(s). The Game, Editor and Manual(s) are provided "as is" without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. The entire risk arising out of use or performance of the Game and Manual(s) remains with the User. 9. Limitation of Liability. IOCAINE STUDIOS SHALL NOT BE LIABLE IN ANY WAY FOR LOSS OR DAMAGE OF ANY KIND RESULTING FROM THE USE OF THE GAME INCLUDING, BUT NOT LIMITED TO, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. ANY WARRANTY AGAINST INFRINGEMENT THAT MAY BE PROVIDED IN SECTION 2-312(3) OF THE UNIFORM COMMERCIAL CODE AND/OR IN ANY OTHER COMPARABLE STATE STATUTE IS EXPRESSLY DISCLAIMED. FURTHER, IOCAINE STUDIOS SHALL NOT BE LIABLE IN ANY WAY FOR THE LOSS OR DAMAGE TO PLAYER CHARACTERS, ACCOUNTS, STATISTICS OR USER PROFILE INFORMATION. I UNDERSTAND AND ACKNOWLEDGE THAT IOCAINE STUDIOS CANNOT AND WILL NOT BE RESPONSIBLE FOR ANY INTURUPTIONS OF SERVICE, BUT NOT LIMITED TO ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE. Some states do not allow the exclusion or limitation of incidental or consequential damages, or allow limitations on how long an implied warranty lasts, so the above limitations may not apply. 10. Equitable Remedies. You hereby agree that Iocaine Studios would be irreparably damaged if the terms of this License Agreement were not specifically enforced, and therefore you agree that Iocaine Studios shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this License Agreement, in addition to such other remedies as Iocaine Studios may otherwise have available to it under applicable laws. In the event any litigation is brought by either party in connection with this License Agreement, the prevailing party in such litigation shall be entitled to recover from the other party all the costs, attorneys' fees and other expenses incurred by such prevailing party in the litigation. 11. Miscellaneous. This License Agreement shall be deemed to have been made and executed in the State of California and any dispute arising hereunder shall be resolved in accordance with the law of California. You agree that any claim asserted in any legal proceeding by one of the parties against the other shall be commenced and maintained in any state or federal court located in the State of California, County of Los Angeles, having subject matter jurisdiction with respect to the dispute between the parties. This License Agreement may be amended, altered or modified only by an instrument in writing, specifying such amendment, alteration or modification, executed by both parties. In the event that any provision of this License Agreement shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision will be enforced to the maximum extent permissible and the remaining portions of this License Agreement shall remain in full force and effect. This License Agreement constitutes and contains the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior oral or written agreements. I hereby acknowledge that I have read and understand the foregoing License Agreement and agree that the action of installing the Game is an acknowledgment of my agreement to be bound by the terms and conditions of the License Agreement contained herein. I also acknowledge and agree that this License Agreement is the complete and exclusive statement of the agreement between Iocaine Studios and I and that the License Agreement supersedes any prior or contemporaneous agreement, either oral or written, and any other communications between Iocaine Studios and myself.