t2server/sla/tribesnext.txt
2021-01-02 23:30:39 -05:00

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----------------------------- License Agreement --------------------------------
YOU SHOULD CAREFULLY READ THE FOLLOWING LICENSE AGREEMENT BEFORE INSTALLING THIS
SOFTWARE PROGRAM. BY INSTALLING OR OTHERWISE USING THE SOFTWARE PROGRAM, YOU
AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE
TERMS OF THIS AGREEMENT, PROMPTLY DELETE THE UNUSED SOFTWARE PROGRAM.
Definitions:
1. "This software program" is defined as the integrated, machine readable,
executable code, and application tools included as part of the TribesNext
match making service.
2. "Associated intepreted script code" is defined as the human readable,
executable code, and all intermediate representations included as part of or
generated during utilization of the TribesNext match making service.
This software program (the “Program”), associated interpreted script code, any
on-line or electronic documentation, and any and all copies and derivative works
of such software program are the copyrighted work of the TribesNext team, All
rights reserved, except as expressly stated herein. All use of the Program is
governed by the terms of this License Agreement provided below. The Program is
solely for use by end users according to the terms of the License Agreement. Any
use, reproduction or redistribution of the Program not in accordance with the
terms of the License Agreement is expressly prohibited.
1. Ownership. All title, ownership rights and intellectual property rights in
and to the Program and any and all copies thereof (including but not limited
to any titles, computer code, objects, concepts, artwork, methods of
operation, moral rights, any related documentation, and “applets”
incorporated into the Program) are owned by the TribesNext team or its
licensors. The Program is protected by the copyright laws of the United
States, international copyright treaties and conventions and other laws. All
rights are reserved. The Program contains certain licensed materials and
TribesNext's licensors may protect their rights in the event of any violation
of this Agreement.
2. Termination. This License Agreement is effective until terminated. You may
terminate the License Agreement at any time by destroying the Program.
TribesNext may, at its discretion, terminate this License Agreement in the
event that you fail to comply with the terms and conditions contained herein.
In such event, you must immediately destroy the Program.
3. Export Controls. The Program contains strong cryptography, thus the
Program may not be re-exported, downloaded or otherwise exported into (or to
a national or resident of) any country to which the U.S. has embargoed goods,
or to anyone on the U.S. Treasury Departments list of Specially Designated
Nationals or the U.S. Commerce Departments Table of Denial Orders. By
installing the Program, you are agreeing to the foregoing and you are
representing and warranting that you are not located in, under the control
of, or a national or resident of any such country or on any such list.
4. Limited Warranty. TribesNext expressly disclaims any warranty for the
Program, components and any assorted documentation. The Program, components
and any assorted documentation are provided "as is" without warranty of any
kind, either express or implied, including, without limitation, the implied
warranties of merchantability, fitness for a particular purpose, or
noninfringement. The entire risk arising out of use or performance of the
Program, components and any assorted documentation remains with the User.
Some states do not allow the exclusion or limitation of implied warranties or
liability for incidental damages, so the above limitations may not apply to
you.
5. Limitation of Liability. NEITHER TRIBESNEXT, SUBSIDIARIES OR AFFILIATES
SHALL BE LIABLE IN ANY WAY FOR LOSS OR DAMAGE OF ANY KIND RESULTING FROM THE
USE OF THE PROGRAM OR USE OF ASSOCIATED ONLINE SERVICES INCLUDING, BUT NOT
LIMITED TO, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION,
OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. TRIBESNEXT FURTHER
DISCLAIMS ALL WARRANTIES WITH REGARD TO YEAR 2000 COMPLIANCE OF THE SOFTWARE.
SPECIFICALLY, TRIBESNEXT MAKES NO WARRANTIES THAT THE PERFORMANCE OR
FUNCTIONALITY OF THE PROGRAM WILL NOT BE AFFECTED BY DATES PRIOR TO, DURING
OR AFTER THE YEAR 2000, OR THAT THE PROGRAM WILL BE CAPABLE OF CORRECTLY
PROCESSING, PROVIDING, AND/OR RECEIVING DATE INFORMATION WITHIN AND BETWEEN
CENTURIES, INCLUDING THE PROPER EXCHANGE OF DATE INFORMATION BETWEEN PRODUCTS
OR APPLICATIONS. ANY WARRANTY AGAINST INFRINGEMENT THAT MAY BE PROVIDED IN
SECTION 2-312(3) OF THE UNIFORM COMMERCIAL CODE AND/OR IN ANY OTHER
COMPARABLE STATE STATUTE IS EXPRESSLY DISCLAIMED. FURTHER, TRIBESNEXT SHALL
NOT BE LIABLE IN ANY WAY FOR THE LOSS OR DAMAGE TO PLAYER CHARACTERS,
ACCOUNTS, STATISTICS OR USER PROFILE INFORMATION STORED ON TribesNext.com. I
UNDERSTAND AND ACKNOWLEDGE THAT TRIBESNEXT. CANNOT AND WILL NOT BE
RESPONSIBLE FOR ANY INTURUPTIONS OF SERVICE ON TRIBESNEXT.COM INCLUDING, BUT
NOT LIMITED TO ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES OR ANY OTHER
EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE. Some
states do not allow the exclusion or limitation of incidental or
consequential damages, or allow limitations on how long an implied warranty
lasts, so the above limitations may not apply.
6. Equitable Remedies. You hereby agree that TribesNext would be irreparably
damaged if the terms of this License Agreement were not specifically
enforced, and therefore you agree that TribesNext shall be entitled, without
bond, other security, or proof of damages, to appropriate equitable remedies
with respect to breaches of this License Agreement, in addition to such other
remedies as TribesNext may otherwise have available to it under applicable
laws. In the event any litigation is brought by either party in connection
with this License Agreement, the prevailing party in such litigation shall be
entitled to recover from the other party all the costs, attorneys fees and
other expenses incurred by such prevailing party in the litigation.
I hereby acknowledge that I have read and understand the foregoing License
Agreement and agree that the action of installing the Program is an
acknowledgment of my agreement to be bound by the terms and conditions of the
License Agreement contained herein. I also acknowledge and agree that this
License Agreement is the complete and exclusive statement of the agreement
between TribesNext and I and that the License Agreement supersedes any prior or
contemporaneous agreement, either oral or written, and any other communications
between TribesNext and myself