This End-User License Agreement (the “EULA”) is a legal agreement between you (the “Licensee”), an individual, and TheBeamer LLC (the “Company”), the author of a certain games, websites, software, applications, content, products and services (the “Services”), which may include associated media, printed materials, and “online” or electronic documentation or services.
By installing, copying, accessing or otherwise using any of the Services, Licensee agrees to be bound by the terms and conditions set forth in this EULA. If Licensee does not agree to the terms and conditions set forth in this EULA, then Licensee may not download, install, or otherwise use any of the Company’s Services.
Subject to the terms of this EULA, and in consideration of payment of the License fee, which is a portion of the price you paid when you acquired access to the Services, updates, or add-ons, or for other good and valuable consideration in the case of free Services, Company hereby grants to Licensee a royalty-free, non-exclusive license to possess and to use the Services. Licensee hereby acknowledges that the Services are licensed (not sold) by the Company. All rights, title, interest, and copyrights in and to the Services, including but not limited to all images, photographs, animations, video, audio, music, text, data, computer code, algorithms, and information, are owned by Company. The Services are protected by all applicable copyright laws and international treaties. Therefore, Licensee is required to treat the Services like any other copyrighted material, except as otherwise provided for in this EULA.
The Services contain copyrighted material, trade secrets, and other proprietary material. Licensee may not copy, modify, re-sell, decompile, reverse engineer, disassemble or otherwise reduce the Services other than its original form. Licensee shall not distribute the Services, or create derivative works or any other works that are based upon or derived from the Services in whole or in part.
The Company has no obligation to support the Services, or to continue providing or updating any of the Services. The Company shall provide updates and maintenance as needed in the opinion of the Company. All Services are licensed as a single product. Its components may not be separated for use on more than one computer.
The Services are for personal, non-commercial use only. Certain of the Services provide licensee with the ability to create, modify, print, send and/or save images or video clips containing the Company’s copyrighted material (“Material”). This License allows only personal use of such Material, for the enjoyment of Licensee and to share as permitted with other players/licensees using the Services by permission. Further, you may not sell or use such Material for any commercial use. Such Material may be displayed on the Company’s social media pages as allowed, subject to the discretion of the Company. You agree further that you will preserve all copyright notices that the Services imbed within their output of all Material. As between you and the Company, the Company exclusively owns all copyrights, trademarks and all other present and future intellectual property rights in and to the Material as such Material. Your use of such Material shall inure to Company’s benefit. You shall neither acquire nor assert copyright or any other intellectual property rights in or to the Material or in any derivation, adaptation, or variation thereof.
When sharing Material or using features of a game that allow you to communicate with others, you will, to the satisfaction of TheBeamer: (i) use such features solely to play the games as intended; (ii) not upload or send any message that is unlawful, harassing, libelous, slanderous, defamatory, abusive, threatening, harmful, vulgar, obscene, pornographic, hateful, indecent, profane, lewd, lascivious, filthy, excessively violent, offensive, insulting, misleading, deceptive, or racially, ethnically, or otherwise objectionable; (iii) not upload or send any commercial, promotional, or solicitation information; and (iv) treat all players with respect. You will immediately cease communicating with other players who have requested not to receive communications from you.
This EULA is effective until:
a) Automatically terminated if Licensee fails to comply with any of the terms and conditions set forth in this EULA; or
b) Terminated by Company. Company may term terminate this EULA immediately upon written notice, including e-mail, to Licensee, with or without cause.
Both parties agree that this EULA is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements and communications relating to the subject matter of this EULA.
Company shall not be liable to Licensee, or any other person or entity claiming through Licensee any loss of profits, income, savings, or any other consequential, incidental, special, punitive, direct or indirect damage, whether arising in contract, tort, warranty, or otherwise, even if Company has been advised of the possibility of such damages. These limitations shall apply where allowed regardless of the essential purpose of any limited remedy. Under no circumstances shall Company’s aggregate liability to Licensee, or any other person or entity claiming through Licensee, exceed the financial amount actually paid by Licensee to Company for the Services.
This EULA shall be deemed to have been made in, and shall be construed pursuant to the laws of the State of Connecticut, without regard to conflicts of law provisions thereof. Any legal action or proceeding relating to this EULA shall be brought exclusively in courts located in Hartford, Connecticut, and each party consents to the jurisdiction thereof.
No failure to exercise, and no delay in exercising, on the part of either party, any privilege, any power or any rights hereunder will operate as a waiver thereof, nor will any single or partial exercise of any right or power hereunder preclude further exercise of any other right hereunder. If any provision of this EULA shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this EULA shall otherwise remain in full force and effect and enforceable.
Company hereby expressly disclaims any warranty for the Services. Services and any related documentation is 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. Licensee accepts any and all risk arising out of use or performance of all Services.