END USER LICENSE AGREEMENT
CAREFULLY READ THIS END USER LICENSE AGREEMENT (THE “AGREEMENT”) BEFORE INSTALLING AND / OR USING THE DISC JAM GAME. IF YOU DO NOT AGREE WITH ALL OF THE TERMS OF THIS AGREEMENT, YOU MAY NOT INSTALL OR USE THIS SOFTWARE PROGRAM.
Thank you for your interest in High Horse Entertainment, LLC’s (“High Horse” or “we”) DISC JAM game (“the Game”). This Agreement sets forth the terms and conditions under which you are licensed to install and use the Game. By installing and/or using the Game or any other software application or other product provided by High Horse, you are confirming your acceptance of this Agreement and you are agreeing to become bound by these terms.
- Grant of License. Subject to the terms of this Agreement, High Horse hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable, non-perpetual license to install and use the Game on any computer or gaming device that you legitimately own or control (the “License”).
- Limitations on License. The License does not allow you to use the Game on any computers or devices that you do not own or control, and you may not distribute or make the Game available over a network where it could be used by other parties, or use the Game on multiple computers or devices at the same time. The License is solely for your own personal and non-commercial entertainment purposes. You may not rent, lease, lend, sell, redistribute or sublicense the Game. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Game, any updates, or any part thereof.
- Prohibited Use. High Horse may immediately terminate the License and this Agreement if you engage, or assist others in engaging, in any of the prohibited activities set forth herein and/or violate the Code of Conduct. You agree that you will not engage in any of the following activities, in whole or in part, or assist any third parties in doing the same:
- Cheats: Use any methods of game play not authorized by High Horse, including but not limited to exploits of any bugs, which grant you and/or other user an advantage over other players.
- Bots: Use any code or software that allows the automated control of the Game and/or any component or feature thereof.
- Hacks: Accessing, modifying or altering the source code or software of the Gamed in any manner, or use of any code and/or software not expressly authorized by High Horse.
- Data Mining. Use any software or code that intercepts, collects, reads, or “mines” information generated, stored or transmitted by the Game or its users.
- Unauthorized Access. Facilitate, create, or maintain any unauthorized connection to the Game and/or otherwise gain access to the Game through any means not authorized by High Horse, or remove, disable or circumvent any security protections or any technical measures that control access to the Game.
- Disruptions. Disrupt the operation of the Game, gaming environment and/or any other player’s gaming experience.
- Violation of Law. Use the Game to violate any applicable law, rule, or regulation.
- Virtual Items. The Game may allow you to purchase and/or earn through play a license to use virtual currency, points, goods, or other virtual in-Game items (collectively, “Virtual Items”). You acknowledge and agree that all Virtual Items represent a limited license right for your personal, non-commercial, non-exclusive, non-transferable, non-sublicensable, and limited use governed by this Agreement, and such Virtual Items are not redeemable for any sum of money or monetary value from High Horse at any time. In the event that your account is terminated or suspended for any reason, you may forfeit any and all Virtual Items. High Horse has the absolute right to manage, regulate, control, modify, and/or eliminate Virtual Items as it sees fit in its sole discretion, and High Horse shall have no liability to you or anyone for the exercise of such rights. You may not sell, trade, or transfer Virtual Items outside of the Game, whether by sale or transfer of your account or otherwise. Any such sell, trade, or transfer of Virtual Items is strictly prohibited, and may result in termination of the License and your right to use the Game.
- Ownership. You acknowledge and agree that High Horse owns all rights, title and interest in and to the Game and all features and components thereof, including but not limited to any derivative works, titles, computer code, themes, objects, characters, character names, stories, dialogs, catch phrases, locations, concepts, artwork, graphics, animation, sounds, musical compositions, audio-visual effects, text, screen displays, methods of operation, moral rights, “applets” incorporated into the Game, and any related documentation, and all intellectual property rights and data associated therewith.
- Updates and Releases. For purposes of this Agreement, an “Update” shall mean a change or revision of the Game for the purpose of correcting errors and/or making minor improvements which do not materially alter the functionality of the Game; a “Release” shall mean any change or revision of the Game that provides additional functionally or which materially alters of the functionality of the Game. High Horse may, from time to time, in its sole discretion, issue Updates and Releases to the Game. Any such Updates and Releases may be provided to you with or without charge, in High Horse’s sole discretion. Unless High Horse issues a new license agreement in connection with any such Update or Release, all Updates and Releases shall be governed by and subject to the terms of this Agreement.
- Twitch. High Horse may, but shall not be obligated to, provide functionality to allow the Game to link with a Twitch.tv (“Twitch”) account. If you choose to link the Game to a Twitch account, you acknowledge and agree that the Game may: (i) send automated and user initiated messages to other Twitch users on your behalf, and (ii) send automated and user initiated messages to you; (iii) and/or receive send automated and user initiated messages on your behalf. You further acknowledge and agree that you will not be able modify or prevent the transmission of any automated messages, and you hereby provide your consent to all such automated messages.
- Monitoring. High Horse has no obligation to monitor or supervise your game play, communications and/or chat on and in connection with the Game, and expressly disclaims any representation that it will monitor or supervise them, but also expressly reserves the right, and you expressly consent to High Horse’s right, to monitor or supervise such game play, communications and/or chat in High Horse’s sole discretion. You understand that anything that you transmit through or in connection with the Game is routed through High Horse’s and/or third party servers and, therefore, you have no expectation of privacy in anything that you transmit – even if you intend it to be a private message. Accordingly, you acknowledge that the Game and any associated communication features are forums for public and not private communications.
- Internet and Security. You acknowledge and agree that, notwithstanding any security precautions deployed by High Horse or any third party provider, the use of, or connection to, the Internet provides the opportunity for unauthorized third parties to circumvent such precautions and illegally gain access to, or cause disruption of access to, the Game, Personal Data, Technical Data, and any Third Party Portal. High Horse cannot and does not guaranty the privacy, security, integrity or authenticity of any information transmitted over or stored in any system connected to or accessible via the Internet or otherwise or that any such security precautions used by High Horse or any third party provider will be adequate or sufficient. You acknowledge and agree that your use and access of the Game and any Third Party Portal are at your sole risk, and that High Horse shall not be liable to you or to any third party for any unauthorized access to, or breach of security of, the same.
- Language and Location. High Horse is a company located and existing under the laws of the United States. The Game is hosted on servers in the United States and not available in all languages or in all countries, and High Horse makes no representation that the Game is appropriate or available for use in any particular location. To the extent you choose to access the Game from anywhere outside the United States, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws.
- Alterations. High Horse reserves the right to change, suspend, remove, or discontinue any aspect of the Game for any reason and at any time without notice. In no event will High Horse be liable for changing, suspending, removing or discontinuing any aspect of the Game. High Horse may also impose limits on the use of or access to the Game, in any case and without notice or liability.
- Term and Termination. This Agreement is effective until terminated by you or High Horse. This Agreement may be terminated at any time, with or without cause for any reason whatsoever, with or without notice. Upon termination of this Agreement, you shall cease all use of the Game, and destroy all copies, full or partial, of the Game that are in your possession or under your control. Sections 3, 4, 6 and 13–18 will survive any termination of this Agreement.
- No Warranty. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE GAME IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE GAME AND ANY SERVICES PERFORMED OR PROVIDED BY OR FOR THE GAME (“SERVICES”) ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. HIGH HORSE HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE GAME AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. HIGH HORSE DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE GAME, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE GAME WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE GAME OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT EFFECTS IN THE GAME OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY HIGH HORSE OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE GAME OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION, INCLUDING, BUT NOT LIMITED TO, ANY DAMAGE RESULTING TO YOUR SYSTEM, CONFIGURATION, SOFTWARE SETTINGS, OR OTHERWISE THAT MAY RESULT FROM YOUR USE OF THE GAME AND/OR THE SERVICES.
- Disclaimers and Limitation of Liability.
- To the extent not prohibited by law, in no event shall High Horse be liable for personal injury, or any incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption or any other commercial damages or losses, arising out of or related to your use or inability to use the Game, however caused, regardless of the theory of liability (contract, tort or otherwise) and even if High Horse has been advised of the possibility of such damages. In no event shall High Horse’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount paid by you to license the Game over the preceding six (6) months prior to you making a claim. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
- The Game includes the Unreal® Engine code and other code, materials, and information (the “Epic Materials”) from Epic Games, Inc. (“Epic”). All Epic Materials are provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind. High Horse, Epic, and Epic’s affiliates disclaim all warranties, conditions, common law duties, and representations (express, implied, oral, and written) with respect to the Epic Materials, including without limitation all express, implied, and statutory warranties and conditions of any kind, such as title, non-interference with your enjoyment, authority, non-infringement, merchantability, fitness or suitability for any purpose (whether or not Epic knows or has reason to know of any such purpose), system integration, accuracy or completeness, results, reasonable care, workmanlike effort, lack of negligence, and lack of viruses, whether alleged to arise under law, by reason of custom or usage in the trade, or by course of dealing. Without limiting the generality of the foregoing, High Horse, Epic, and Epic’s affiliates make no warranty that (1) any of the Epic Materials will operate properly, including as integrated in the Game, (2) that the Epic Materials will meet your requirements, (3) that the operation of the Epic Materials will be uninterrupted, bug free, or error free in any or all circumstances, (4) that any defects in the Epic Materials can or will be corrected, (5) that the Epic Materials are or will be in compliance with a platform manufacturer’s rules or requirements, or (6) that a platform manufacturer has approved or will approve this Game, or will not revoke approval of this Game for any or no reason. Any warranty against infringement that may be provided in Section 2-312 of the Uniform Commercial Code or in any other comparable statute is expressly disclaimed by High Horse and Epic. High Horse, Epic, and Epic’s affiliates do not guarantee continuous, error-free, virus-free, or secure operation of or access to the Epic Materials. This paragraph will apply to the maximum extent permitted by applicable law.
- To the maximum extent permitted by applicable law, neither High Horse, Epic, Epic’s licensors, nor its or their affiliates, nor any of High Horse’s or Epic’s service providers, shall be liable in any way for loss or damage of any kind resulting from the use or inability to use the Epic Materials or otherwise in connection with this Agreement, including but not limited to loss of goodwill, work stoppage, computer failure, or malfunction, or any and all other commercial damages or losses. In no event will High Horse, Epic, Epic’s licensors, nor its or their affiliates, nor any of High Horse’s or Epic’s service providers be liable for any loss of profits or any indirect, incidental, consequential, special, punitive, or exemplary damages, or any other damages arising out of or in connection with this Agreement or the Epic Materials, or the delay or inability to use or lack of functionality of the Epic Materials, even in the event of High Horse’s, Epic’s, or Epic’s affiliates’ fault, tort (including negligence), strict liability, indemnity, product liability, breach of contract, breach of warranty, or otherwise and even if High Horse, Epic or Epic’s affiliates have been advised of the possibility of such damages. These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate compensation.
- Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of High Horse, Epic, Epic’s licensors, its and their affiliates, and any of High Horse’s or Epic’s service providers shall be limited to the full extent permitted by law.
- Indemnity. You hereby agree to defend and indemnify High Horse, to the fullest extent permitted by law, against and from any third party claims, liabilities, losses, injuries, damages, costs or expenses incurred by High Horse arising out of or from your use of the Game and any Third Party Portal.
- Export. You may not use or otherwise export or re-export the Game except as authorized by United States law and the laws of the jurisdiction in which the Game was obtained. In particular, but without limitation, the Game may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Game, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law.
- Arbitration; Jurisdiction. You and High Horse each agree that any dispute or claim in law or equity arising out of or relating to this Agreement, no matter how described, pleaded or styled, shall be resolved through final, binding arbitration. Arbitration shall be conducted in Los Angeles, California with a single, neutral arbitrator chosen by you and High Horse. The arbitration shall be conducted in accordance with the Consumer Arbitration Rules of the American Arbitration Association prevailing at the time the demand for arbitration is made hereunder. You and High Horse each agree that the arbitrator, and not a court, shall have exclusive jurisdiction over the interpretation, validity, and scope of this arbitration agreement. The arbitrator’s decision shall be set forth in writing and shall set forth the essential findings and conclusions upon which the decision is based. Any remedy available from a court under the law shall be available in the arbitration. Should either you or High Horse refuse or neglect to choose an arbitrator or otherwise sincerely and in good faith participate in the arbitration process, then the arbitrator is empowered to proceed with the other party alone. Neither you nor High Horse shall file or maintain any lawsuit in any court against the other, and agree that any suit filed in violation of this Agreement shall be dismissed by the court in favor of an arbitration conducted pursuant to this Agreement. Judgment upon any award rendered by the arbitrator may be entered in any court of competent jurisdiction and shall be binding and final. The prevailing party in any arbitration to interpret or enforce this Agreement shall be entitled to its costs and reasonable attorneys’ fees. The costs of the arbitration filing fee, arbitrator’s compensation, and facilities fees will be split by you and High Horse. If any provision of this arbitration agreement is adjudged to be void or otherwise unenforceable, in whole or in part, such adjudication shall not affect the validity of the remainder of the Agreement. If this arbitration agreement is declared unenforceable and cannot be administered, interpreted, or modified to be enforceable, you and High Horse each agree to waive any right to a jury trial with respect to any dispute to which this Agreement applies and any such dispute shall be commenced and maintained exclusively in the state or federal courts in Los Angeles, California and you and High Horse each consent to the personal jurisdiction of said courts.
- General Provisions.
- Governing Law. All matters arising out of or relating to this Agreement shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or any other rule (regardless of whether such provision or rule is of the State of California or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than California.
- Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter herein, superseding any prior or contemporaneous agreements between the parties.
- Assignment. High Horse may assign this Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign the License or any part of this Agreement without High Horse’s prior written consent. Any purported assignment by you without High Horse’s prior written consent shall be void.
- Waiver. The failure of High Horse to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. In the event High Horse waives any right or provision under this Agreement, such waiver shall be deemed a one-time waiver, and shall not constitute a continuing waiver of such right or provision, unless expressly provided by High Horse in writing.
- Severability. If any term or provision of this Agreement is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
- Notices. All notices to High Horse shall be in writing and sent via email to firstname.lastname@example.org or mail to 11693 San Vicente Blvd. #320, Los Angeles, CA 90049. All notices to you shall be provided via in game notification, email or website.