IRON GUARD (“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
By receiving, opening the file package containing this software, and/or using IRON GUARD (“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 IRON GUARD in accordance with this Agreement and any other written agreement with XLAB DIGITAL LLC does not transfer the title of IRON GUARD 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 IRON GUARD.
If you do not agree to be bound by this agreement, you are not authorized to use IRON GUARD in any way and must remove IRON GUARD from your device(s).
IRON GUARD 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.
Your license to use IRON GUARD is limited to the number of licenses purchased by you. You shall not make or make available additional copies of IRON GUARD to allow others to use, copy, evaluate, or otherwise use IRON GUARD except in the manner permitted under this agreement.
You shall use IRON GUARD in compliance with all applicable laws and not for any unlawful purpose. Without limiting the foregoing, use, display or distribution of IRON GUARD 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 IRON GUARD 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.
Users who have gained access to IRON GUARD 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 IRON GUARD 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.
IRON GUARD contains copyrighted material, trade secrets and other proprietary material. You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile IRON GUARD 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 IRON GUARD 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 IRON GUARD and all Intellectual Property rights relating thereto.
Copyright law and international copyright treaty provisions protect all parts of IRON GUARD, 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 IRON GUARD in non-commercial, user-created content that references IRON GUARD, and may make this content available through third-party websites and platforms under the conditions that:
- a copyright notice is provided;
- none of this content is deemed inappropriate or offensive in any way at XLAB DIGITAL LLC’s sole discretion; and
- content is not presented as being created, sanctioned, approved, or otherwise condoned by XD or Publisher.
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 IRON GUARD.
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, IRON GUARD or the use or inability to use IRON GUARD 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 IRON GUARD. Reimbursement of the purchase price of IRON GUARD can only be obtained from the party who provided you with this product, and is subject to the terms and conditions of this party.
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.
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.
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 IRON GUARD and destroy all copies of IRON GUARD supplied under this Agreement. The financial obligations incurred by you shall survive the expiration or termination of this license.
DISCLAIMER OF WARRANTY
IRON GUARD 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 IRON GUARD AS WELL.
ACKNOWLEDGMENT OF USE OF DATA