End User License Agreement – LORN

LORN (“Game”)

Developer, XLAB DIGITAL LLC (XD) and Publisher, Andromeda Entertainment, Limited (“Andromeda ”) (“us”, “we”, or “our”)

This document contains the full End-User License Agreement, which covers some additional topics.

 

IMPORTANT: PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THIS SOFTWARE. IF YOU HAVE FEEDBACK ON THIS AGREEMENT, PLEASE EMAIL US AT INFO@XLABDIGITAL.COM 

 

LICENSE 

By receiving, opening the file package containing this software, and/or using LORN (“Software”), you agree that this End User User License Agreement (EULA) is a legally binding and valid contract and agree to be bound by it. You agree to abide by the intellectual property laws and all of the terms and conditions of this Agreement.

Subject to the terms of this Agreement, XLAB DIGITAL LLC grants to you a limited, non-exclusive, non-transferable license, without right to sub-license, to use LORN in accordance with this Agreement and any other written agreement with XLAB DIGITAL LLC does not transfer the title of LORN to you; the license granted to you is not a sale. This agreement is a binding legal agreement between XLAB DIGITAL LLC and the purchasers and/or users of LORN.

If you do not agree to be bound by this agreement, you are not authorized to use LORN in any way and must remove LORN from your device(s).

 

DISTRIBUTION 

LORN and the license herein granted shall not be copied, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole or in part.

 

USER AGREEMENT

 

Use

Your license to use LORN is limited to the number of licenses purchased by you. You shall not make or make available additional copies of LORN to allow others to use, copy, evaluate, or otherwise use LORN except in the manner permitted under this agreement.

 

Use Restrictions

You shall use LORN in compliance with all applicable laws and not for any unlawful purpose. Without limiting the foregoing, use, display or distribution of LORN together with material that is pornographic, racist, vulgar, obscene, defamatory, libelous, abusive, promoting hatred, discriminating or displaying prejudice based on religion, ethnic heritage, race, sexual orientation or age is strictly prohibited.

Displaying an in-Game name, using the in-Game chat, global chat, community features or any other feature included or associated with the Game, or exhibiting behavior of any kind that is considered by XLAB DIGITAL LLC at its sole discretion, to be pornographic, racist, vulgar, obscene, defamatory, libelous, abusive, promoting of hatred, discriminating or displaying of prejudice based on religion, ethnic heritage, race, sexual orientation or age, may result in XLAB DIGITAL LLC restricting, removing, refusing, or limiting your access to certain or all features of the Game for definite or indefinite periods of time.

The assignment, sublicense, networking, sale, or distribution of copies of LORN are strictly forbidden without the prior written consent of XLAB DIGITAL LLC. It is a violation of this agreement, and may be a violation of applicable laws to assign, sell, loan, rent, lease, borrow, network or transfer the use of the Game.

 

Platforms

Users who have gained access to LORN by means of a platform’s sharing feature (a “Shared User”) are also subject to the terms of this license agreement. The user who uses a platform’s sharing feature to provide access to the Shared User(s) (“Sharer”) acknowledges that the Shared User(s) and Sharer share a single license to use LORN as described above and that any restrictions or punitive measures taken against a Shared User or Sharer will affect the Sharer and all Shared User(s) that use this license.

For the avoidance of doubt: if you use a platform’s feature to share the game, and XLAB DIGITAL LLC finds that the behavior of the player you shared the game with warrants a ban from either matchmaking, the Global Chat, or any other feature of the Game, such measures will affect both you, the Shared User, and all other players you are sharing the game with through this feature.

 

Copyright Restriction

LORN contains copyrighted material, trade secrets and other proprietary material. You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile LORN without the express permission and approval of XD, You may not create any derivative works or other works that are based upon or derived from LORN in whole or in part without the express permission of XD.

XD and its licensors, as may be applicable, retain sole and exclusive ownership of all right, title and interest in and to LORN and all Intellectual Property rights relating thereto.

Copyright law and international copyright treaty provisions protect all parts of LORN, products and services. No program, code, part, image, audio sample, or text may be copied or used in any way by the user except as may be otherwise set forth in this license. All rights not expressly granted hereunder are reserved for XLAB DIGITAL LLC.

 

Conditional Usage Permission

Notwithstanding the foregoing, users may incorporate visual elements and footage from LORN in non-commercial, user-created content that references LORN, and may make this content available through third-party websites and platforms under the conditions that:

No rights are granted by XD or Publisher to include the music from the Game in any such video clips, all such rights belonging to and reserved by the applicable copyright holders.

XLAB DIGITAL LLC gives Users permission to monetize their compliant user-created videos via the YouTube Partner program and similar programs on other video sharing sites.

 

Limitation of Responsibility

You will indemnify, hold harmless, and defend XLAB DIGITAL LLC. , its employees, agents and distributors against any and all claims, proceedings, demand and costs resulting from or in any way connected with your use of LORN.

In no event (including, without limitation, in the event of negligence) will XD, Publisher, their employees, agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, LORN or the use or inability to use LORN or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence.

Under no circumstances will XD or Publisher provide a reimbursement of the purchase price of LORN. Reimbursement of the purchase price of LORN can only be obtained from the party who provided you with this product, and is subject to the terms and conditions of this party.

 

Warranties

Except as expressly stated in writing, XD makes no representation or warranties in respect of Game and expressly excludes all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose.

 

Governing Law

This Agreement shall be governed by the law of the State of California applicable therein. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of California therefrom. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this License and not affect the validity and enforceability of any other provisions.

 

Termination

Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this license. Upon termination of this license granted herein for any reason, you agree to immediately cease use of LORN and destroy all copies of LORN supplied under this Agreement. The financial obligations incurred by you shall survive the expiration or termination of this license.

 

DISCLAIMER OF WARRANTY

LORN AND THE ACCOMPANYING FILES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. THIS DISCLAIMER CONCERNS ALL FILES GENERATED AND EDITED BY LORN AS WELL.

 

ACKNOWLEDGMENT OF USE OF DATA

You acknowledge that XLAB DIGITAL LLC may record, store, and access personally identifiable data pertaining to LORN recorded in any manner during your use of the Game and accept the privacy policy included above . As required by law, XLAB DIGITAL LLC will provide you with a copy of this data, provide you with an opportunity to rectify incorrect data, or delete this data at your request. You may file such a request, which is subject to additional verification, through info@xlabdigital.com