Super Fusion 1.0

EULA - End User License Agreement

END USER LICENSE AGREEMENT ("EULA")

This End User License Agreement ("EULA") is a legal agreement between YOU (either an individual or an entity) and 3DAGames, the manufacturer of this present software ("SOFTWARE"). The SOFTWARE includes the computer program, the associated data, the associated media, the user registration code and the electronic documentation.

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THIS SOFTWARE. By installing, copying, downloading, or otherwise using the SOFTWARE or any part thereof, YOU agree to be bound by the terms of this EULA. If YOU do not agree to the terms of this EULA, YOU may not use the SOFTWARE and YOU must permanently erase all copies of the SOFTWARE from your computer and/or hard drive and all other computing devices and storage media in your possession.

GRANT OF LIMITED NON-EXCLUSIVE LICENSE. This EULA permits YOU to use one (1) copy of the SOFTWARE on a computer for your personal use only. The SOFTWARE is in use when it is loaded into temporary memory (i.e., RAM) or stored into permanent memory (e.g., Hard Disk, CD-ROM, or other storage device or storage media). Installation or storage on a network server is strictly prohibited except under express prior written consent of 3DAGames. This EULA does not constitute a sale and does not authorize a sale of the SOFTWARE or anything created thereby. YOU shall not sell, rent, loan, lease, license, distribute or otherwise transfer this SOFTWARE to any other individual or entity. The SOFTWARE is licensed as a single product. Its component parts may not be separated for use on more than one computer.

INTELLECTUAL PROPERTY OWNERSHIP. 3DAGames retains all right, title and interest to this SOFTWARE including but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, stories, characters, character names, computer codes, audiovisual effects, settings, artwork, sound effects and moral rights. The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property. All rights are reserved. Any persons copying or reproducing all or any portion of the SOFTWARE, in any manner or medium, will be wilfully violating the copyright laws and may be subject to civil or criminal penalties. The SOFTWARE may not be sold, rented, loaned, leased, or otherwise transferred to any individual of entity.

RESTRICTIONS. Other than as provided specifically in this EULA, YOU are NOT permitted to copy or otherwise reproduce the SOFTWARE. YOU are NOT permitted to modify, adapt, translate or prepare derivative copies based on the SOFTWARE. YOU are NOT permitted to distribute copies of the SOFTWARE by sale or other transfer of ownership. YOU are expressly prohibited from transmitting the SOFTWARE electronically or otherwise over the Internet or through any other media or to any other party. YOU are expressly prohibited from selling or otherwise using for profit any levels, level packs, add-on packs, sequels, characters or other components or items based upon or related to the SOFTWARE. YOU ARE NOT PERMITTED TO REVERSE ENGINEER, DECOMPILE OR DISASSEMBLE THE SOFTWARE IN ANY WAY.
LIMITED WARRANTY AND WARRANTY DISCLAIMERS.

LIMITED WARRANTY. 3DAGames expressly disclaims any warranty for this SOFTWARE. This SOFTWARE is provided "as is" without warranty of any kind, either express or implied, including, without limitation, the implied warranties or merchant ability, fitness for a particular purpose, or non infringement. The entire risk arising out of use or performance of this SOFTWARE remains with YOU. 3DAGames strongly recommends to backup the data on your computer before trying the SOFTWARE. YOU ASSUME RESPONSIBILITY FOR DETERMINING THE SUITABILITY OF THE SOFTWARE ON YOUR SYSTEM AND FOR RESULTS OBTAINED.

LIABILITY LIMITATION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL 3DAGAMES, ITS OWNERS, OFFICERS, EMPLOYEES, AGENTS OR AFFILIATES NOR ANYONE ELSE INVOLVED IN THE DEVELOPMENT, MANUFACTURE OR DISTRIBUTION OF THE SOFTWARE BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, DIRECT OR INDIRECT; INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR PERSONAL INJURY, PERSONAL PROPERTY, BUSINESS PROPERTY, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF PERSONAL INFORMATION, LOSS OF TEXT OR DATA STORED IN OR USED WITH THE SOFTWARE INCLUDING THE COST OF RECOVERING OR REPRODUCING THE TEXT OR DATA, OR ANY OTHER PECUNIARY LOSS, ARISING FROM OR OUT OF THE USE OR INABILITY TO USE THIS SOFTWARE. THIS LIABILITY LIMITATION APPLIES EVEN IF YOU OR ANYONE ELSE HAS ADVISED 3DAGAMES OR ANY OF ITS AUTHORIZED REPRESENTATIVES OF THE POSSIBILITY OF SUCH DAMAGES. EVEN IF SUCH IS CAUSED BY, ARISES OUT OF OR RESULTS FROM THE ORDINARY, STRICT, SOLE, OR CONTRIBUTORY NEGLIGENCE OF 3DAGAMES OR ITS OWNERS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS OR AFFILIATES. IN NO EVENT WILL 3DAGAMES LIABILITY EXCEED THE AMOUNT OF THE LICENSE FEE, IF ANY, BY YOU TO USE THIS SOFTWARE REGARDLESS OF THE FORM OF THE CLAIM (INCLUDING, WITHOUT LIMITATION, ANY CONTRACT, PRODUCT LIABILITY, OR TORT CLAIM). BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU, BUT IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

NO LIABILITY FOR ERRORS OR OMISSION. 3DAGames expressly disclaims any liability for errors or omissions in the content of the SOFTWARE.

JURISDICTION. ENGLISH LAWS GOVERN THIS EULA, REGARDLESS OF EACH COUNTRYS CHOICE OF LAW PRINCIPLES, WITH A FORUM AND VENUE OF LONDON, ENGLAND. This EULA may be modified only by a written instrument specifying the modification and executed by both parties. In the event that any provision of this EULA shall be held to be unenforceable, such provision shall be enforced to the greatest possible extent, with the other provisions of this EULA to remain in full force and effect.

TERMINATION. Without prejudice to any other rights of 3DAGames, this EULA will terminate automatically if YOU fail to comply with its terms and conditions. In such event, YOU must destroy all copies of this SOFTWARE and all of its component parts.

INDEMNITY. YOU agree to indemnify, defend and hold 3DAGames, its partners, affiliates, licensors, contractors, owners, officers, 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 EULA.

EQUITABLE REMEDIES. YOU hereby agree that if the terms of the EULA are not specifically enforced, 3DAGames will be irreparably damaged, and therefore YOU agree that 3DAGames shall be entitled, without bond, other security, proof of damages, to appropriate equitable with respect any breach(es) of the EULA, in addition to any other available remedies.

NOTICE. 3DAGames reserves the right to make modifications or improvements to the SOFTWARE described in this electronic documentation at any time without notice.

ENTIRE AGREEMENT. This EULA represents the entire agreement between parties, and supersedes any oral or written communications, proposals or prior agreements between the parties or any dealers, distributors, agents, or employees.
If you have any questions concerning this license, you may contact 3DAGames at: legal@3dagames.com