Tetris Online, Inc.
End User License Agreement
Last Revised: February 19, 2009
This End User License Agreement ("Agreement") is a contract between you and Tetris Online, Inc. ("Tetris Online," "we" or "us") for the Tetris Online software (the "Software"). PLEASE READ THIS AGREEMENT CAREFULLY. IT CONTAINS IMPORTANT TERMS THAT AFFECT YOU AND YOUR USE OF THE SOFTWARE. BY CLICKING "I ACCEPT" OR BY INSTALLING, COPYING OR USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT INCLUDING THE DISCLAIMERS CONTAINED HEREIN. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT INSTALL, COPY, OR USE THE SOFTWARE.
- Software License
- License Limitations
- Ownership
- Disclaimers
- Limitation of Liability
- Termination
- Governing Law; Jurisdiction
- General
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1. Software License
Subject to the terms and conditions in this Agreement, we grant you a non-exclusive, non-transferable license to install and use a copy of the Software in object code form only, solely for your personal, noncommercial use. You agree to maintain only one user account for the online service with which the Software is used, and you agree to use the Software only in connection with such user account. Any Tetris Online software that updates, supplements or replaces the original Software is governed by this Agreement unless separate license terms accompany such update, supplement or replacement, in which case such separate terms will govern in the event of a conflict with this Agreement or as otherwise provided in such separate terms.
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2. License Limitations
The preceding states the entirety of your rights with respect to the Software, and we reserve all rights not expressly granted to you in this Agreement. Without limiting the foregoing, you will not do, or authorize or permit any third party to do, any of the following: (a) distribute, license or sell the Software, including any games, music, videos, images, text or other content contained or displayed in the Software (the "Software Content"); (b) use the Software or the Software Content for any purpose other than your personal, noncommercial use; (c) reverse engineer, decompile, disassemble or attempt to discover the source code for the Software; (d) modify, alter or create any derivative works of the Software; or (e) remove, alter or obscure any copyright, trademark or other proprietary rights notice on or in the Software.
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3. Ownership
The Software and any Software Content contained or displayed in the Software is the valuable property of Tetris Online and its licensors and is protected by copyright and other intellectual property laws and treaties. We and our licensors own all right, title and interest in and to the Software and the Software Content, including all copyright and other intellectual property rights in the Software.
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4. Disclaimers
THE SOFTWARE AND THE SOFTWARE CONTENT ARE PROVIDED TO YOU FREE OF CHARGE. ACCORDINGLY, THE SOFTWARE AND THE SOFTWARE CONTENT ARE PROVIDED "AS IS," WITH ALL FAULTS, DEFECTS AND ERRORS, AND WITHOUT WARRANTY OF ANY KIND. TETRIS ONLINE DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, ARISING BY LAW OR OTHERWISE, REGARDING THE SOFTWARE, THE SOFTWARE CONTENT AND THEIR RESPECTIVE PERFORMANCE OR SUITABILITY FOR YOUR INTENDED USE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, TETRIS ONLINE DOES NOT WARRANT THAT THE SOFTWARE OR THE SOFTWARE CONTENT WILL BE FREE OF BUGS, ERRORS, VIRUSES OR OTHER DEFECTS, AND TETRIS ONLINE SHALL HAVE NO LIABILITY OF ANY KIND FOR THE USE OF OR INABILITY TO USE THE SOFTWARE, THE SOFTWARE CONTENT OR ANY SERVICE ASSOCIATED THEREWITH.
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5. Limitation of Liability
IN NO EVENT WILL TETRIS ONLINE OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LIABILITIES WHATSOEVER ARISING FROM OR RELATING TO THE SOFTWARE, THE SOFTWARE CONTENT OR THIS AGREEMENT, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY, EVEN IF TETRIS ONLINE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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6. Termination
Tetris Online may terminate this Agreement and any user accounts opened in connection with your use of the Software at any time for any reason or for no reason immediately upon notice. Upon such termination, you agree not to download, copy, install or use the Software (including any subsequent version of the Software) or register for any new user accounts. Tetris Online may also discontinue the online service with which the Software and the Software Content is used, in which case this Agreement shall terminate automatically without notice. In the event of the termination of this Agreement for any reason: (a) the license granted to you in this Agreement will terminate; (b) you must immediately upon receiving any notice of termination cease all use of the Software and destroy or erase all copies of the Software in your possession or control; and (c) Sections 3 (Ownership), 4 (Disclaimers), 5 (Limitation of Liability), 6 (Termination), 7 (Governing Law; Jurisdiction) and 8 (General) will survive any such termination.
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7. Governing Law; Jurisdiction
Unless expressly prohibited by local law, this Agreement is governed by the laws of the State of Delaware and the United States of America, without regard to any conflict of law principles to the contrary.
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8. General
(a) Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the remainder of this Agreement will remain in full force and effect. (b) Headings; Interpretation. The headings of sections and paragraphs of this Agreement are for convenience of reference only and are not intended to restrict, affect or be of any weight in the interpretation or construction of the provisions of such sections or paragraphs. (c) Assignment. You may not assign this Agreement or any of your rights under this Agreement without the prior written consent of Tetris Online, and any attempted assignment without such consent shall be void. (d) Entire Agreement. This Agreement sets forth our entire agreement with respect to the Software and the subject matter hereof and supersedes all prior and contemporaneous understandings and agreements whether written or oral. No amendment, modification or waiver of any of the provisions of this Agreement will be valid unless set forth in a written instrument signed by the party to be bound thereby.
