» version 1.7 - posted on 2007-12-20
Update of game mechanics (puzzle), the general improvement of game (music & sound).
EULA - End User License Agreement
PLEASE READ THIS AGREEMENT CAREFULLY
END USER SOFTWARE LICENSE AGREEMENT
THIS IS A LICENSE AGREEMENT ("AGREEMENT") BETWEEN EUROARTWORK.COM. ("EUROARTWORK"), AND YOU ("LICENSEE" OR "YOU") FOR USE OF THE ACCOMPANYING SOFTWARE AND USER DOCUMENTATION (THE "SOFTWARE"). EUROARTWORK IS WILLING TO GRANT YOU THE LICENSE TO USE THE SOFTWARE ACCORDING ONLY ON THE CONDITION THAT YOU ACCEPT ALL TERMS IN THIS AGREEMENT.
BY CLICKING ON THE "YES" OR "ACCEPT" BUTTON BELOW OR OTHERWISE COMPLETING THE INSTALLATION PROCESS, YOU ACKNOWLEDGE THAT YOU ARE OF THE AGE OF MAJORITY AND HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY IT. IF YOU DO NOT AGREE TO ANY OF THE TERMS BELOW, EUROARTWORK IS UNWILLING TO LICENSE THE SOFTWARE TO YOU, AND YOU SHOULD CLICK ON THE "NO" OR "DO NOT ACCEPT" BUTTON BELOW OR OTHERWISE DISCONTINUE THE INSTALLATION PROCESS. IN SUCH CASE, ANY AMOUNTS ALREADY PAID BY YOU MAY BE REFUNDED BY EUROARTWORK (ONLY IF YOU PURCHASED THE LICENSE TO THE SOFTWARE DIRECTLY FROM EUROARTWORK) OR THE RETAILER FROM WHICH YOU PURCHASED THE SOFTWARE, SUBJECT TO THE APPLICABLE REFUND POLICY.
1. COPYRIGHT. The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. All title and copyrights in and to the Software (including but not limited to any images, photographs, animations, video, music, text and "applets" incorporated into the Software) and any printed materials accompanying the Software are owned by the Euroartwork or its suppliers.
2. GRANT OF LICENSE. The Software is licensed and not sold to you and its use is subject to this Agreement. Subject to the terms and conditions of this Agreement and in consideration of Your agreement to be bound by this Agreement, Euroartwork grants You a limited, personal, non-exclusive license to reproduce as necessary to install and use the Software in the manner described in the user documentation. You may also distribute copies of the time and/or feature-limited trial versions of the Software, provided you do so on a no-charge and non-commercial basis, if the digital rights management software included with the Software permits this without alteration or circumvention of the Software. Euroartwork reserves all rights not expressly granted to You in this Agreement. You agree to pay any sales, use, value added, or other tax or charge imposed or assessed by any governmental entity. If You are required by operation of law or otherwise to deduct any percentage of fees due under this Agreement, the fees shall be increased to such amount as may be necessary so that Euroartwork receives the full amount it would have received had those fee payments been made without deduction.
3. PERMITTED USES. You may install and use the Software on a single computer. You may make and maintain one copy of the Software for backup and archival purposes, provided that the original and copy of the Software are kept in your possession and you reproduce all copyright and other proprietary notices that are on the original copy of the Software. You may permanently transfer all your rights under this Agreement, provided you give the Licensor prior written notice, You retain no copies, You transfer all of the Software (including all component parts, the media and printed materials and any upgrades) and the recipient reads and accepts this Agreement. Any assignment in derogation of the foregoing shall be null and void.
4. DIGITAL RIGHTS MANAGAMENT AND PRIVACY.
5. RESTRICTIONS. You may not delete or obscure any copyright, trademark or other proprietary notice on the Software or accompanying printed materials. Except as expressly permitted by applicable law, You may not decompile, modify, reverse engineer, disassemble or otherwise reproduce the Software. You may not copy, rent, lease, sell, sublicense, distribute, publicly display the Software, create derivative works based on the Software or otherwise commercially exploit the Software. You may not sell, resell, or distribute unlock keys whether purchased from an authorized distributor or generated independently. You may not evade the digital rights management technology, copyright protection, access restrictions or other authorization mechanisms for the Software. You may not electronically transmit the Software from one computer, console or other platform to another or over a network. You may not circumvent any encrypted data protections or gain access to data that is not licensed. You may not use any backup or archival copy of the Software for any purpose other than to replace the original copy in the event its destroyed or becomes defective. If this Software allows you to purchases licenses to upgrades and features (new levels, characters, in-game items) at the Euroartwork online store ("Game Items"), all such Game Items, even if licensed at a later date, are part of this Software and subject to this end user license agreement. Accordingly, you may not sell or transfer the Game Items and all such transfer or sale is null and void. Any unauthorized reproduction or modification, distribution, or performance of the Software including any Game Items is strictly prohibited.
6. TERMINATION. This Agreement is effective until terminated. You may terminate this Agreement at any time by destroying the Software. This Agreement will terminate automatically without notice from Euroartwork if you fail to comply with any provision of this Agreement. Upon notice of termination, You agree to promptly destroy all of your copies of the Software. All provisions of this Agreement as to warranties, limitation of liability, remedies and damages will survive termination. The parties agree to waive any provisions, procedures and the operation of any legislation to the extent that a court order or approval is required to terminate this Agreement.
7. WARRANTY DISCLAIMER. The Software is provided to You "As Is" and Euroartwork and its suppliers expressly disclaim all warranties and conditions, express, implied or statutory, including without limitation the implied warranties or conditions of merchantability, fitness for a particular purpose, and non-infringement. No oral or written information or advice given by Euroartwork, its employees, distributors, dealers, or agents shall increase the scope of the above warranties or create any new warranties.
8. LIMITATION OF REMEDIES.
a. REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, IN NO EVENT WILL EUROARTWORK OR ITS SUPPLIERS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, INTERRUPTION OF BUSINESS, OR OTHER SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (WHETHER BASED IN CONTRACT, TORT, OR STATUTE) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE OR ANY DATA SUPPLIED THEREWITH, EVEN IF EUROARTWORK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES AND WHETHER OR NOT SUCH LOSS OR DAMAGES ARE FORESEEABLE.
b. IN NO EVENT SHALL THE LIABILITY OF EUROARTWORK EXCEED THE AMOUNT RECEIVED BY EUROARTWORK FROM YOU UNDER THIS AGREEMENT OR ONE U.S. DOLLAR ($1.00) IF LICENSOR IS NOT IN RECEIPT OF ANY MONIES FROM YOU.
c. In jurisdictions that do not allow the exclusion or limitation of liability for consequential, special or incidental damages, Euroartworks liability under this Agreement shall be limited to the maximum extent permitted by applicable law. Nothing in this Agreement limits Euroartworks liability for fraudulent misrepresentation or for death or physical injury directly caused by Euroartworks negligence.
d. Euroartwork shall have the right to obtain injunctive or administrative relief in any court of competent jurisdiction or through any administrative authority having jurisdiction over a party in the event of a breach of the terms of this Agreement.
9. EXPORT CONTROL. The Software and related technology are subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree to strictly comply with all such laws and regulations and acknowledge that you have the responsibility to obtain such licenses to export, re-export or import as may be required.
10. GENERAL. This Agreement will be governed by the laws of the State of California in the United States of America, without regard to or application of conflicts of law rules or principles. The Federal and State Courts located in Santa Clara County shall have sole jurisdiction over any disputes arising hereunder and the parties hereby submit to the personal jurisdiction of such courts. If any provision of this Agreement is held to be unenforceable, that provision will be removed and the remaining provisions will remain in full force. In the event any proceeding or lawsuit is brought by Euroartwork or You in connection with this Agreement, the prevailing party in such proceeding or lawsuit shall be entitled to receive its costs, expert witness fees and reasonable attorneys fees, including costs and fees on appeal. The failure of either party to require performance by the other party of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by either party of a breach of any provision hereof, unless the waiver is in writing by You or an authorized agent of Licensor, be taken or held to be a waiver of the provision itself. This Agreement is the complete and exclusive statement of the agreement between Euroartwork and You which supersedes any proposal or prior agreement, oral or written, and any other communications between the parties in relation to the subject matter of this Agreement. This Agreement shall not be modified except by a subsequently dated written amendment or exhibit signed by both parties by their duly authorized representatives. You represent that You have entered into this Agreement of Your own free will and that You are above the age of minority at the time You agree to this Agreement or that Your legal guardian consents to these terms on Your behalf.
THE SOFTWARE IS PROTECTED BY UNITED STATES COPYRIGHT LAW AND INTERNATIONAL TREATY.
UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS SUBJECT TO CIVIL AND CRIMINAL PENALTIES.
Copyright © 2006 Euroartwork.com. All Rights Reserved.
Protected by copyright and licenses restricting use, copying, distribution and decompilation. Euroartwork, Hoteis Jewels, and all related titles, logos, and characters are trademarks of Euroartwork.com, or its suppliers in the United States and other countries.