FASTER THAN LIGHT
BETA END USER LICENSE AGREEMENT
THIS BETA END USER LICENSE AGREEMENT (“EULA”) IS A LEGAL AGREEMENT BETWEEN YOU AND SUBSET GAMES, LLC (“LICENSOR”) FOR YOUR ACCESS TO A PRE-RELEASE VERSION OF THE GAME CURRENTLY KNOWN AS FASTER THAN LIGHT (“BETA’). By installing, copying, downloading or otherwise using the Beta, you shall be deemed to have agreed to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install, copy, download or otherwise use the Beta.
1. GRANT OF LICENSE.
In the event that you receive the Beta from Licensor, Licensor grants you the revocable, limited, non-exclusive, non-transferable license to install the Beta onto a single computer for the sole purpose of evaluating the Beta. You may not use, modify, sell, lease, lend, rent, distribute, sublicense, transfer or disclose any part of the Beta, except as provided in this EULA. You may not reverse engineer, decompile, or disassemble the Beta, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
2. RESERVATION OF RIGHTS AND OWNERSHIP. Licensor reserves all rights not expressly granted to you in this EULA. The Beta is licensed, not sold. Except for the license expressly granted hereunder, Licensor retains all right, title and interest in and to the Beta and all copies thereof. The Beta is protected by United States copyright laws and international treaty provisions. You acknowledge that Licensor owns all copyright and other intellectual property rights in and to the Beta. You may not remove the copyright and other proprietary rights notices from the Beta. Your feedback, analysis, suggestions and comments to Licensor (including, but not limited to, bug reports and test results) (collectively, “Feedback”) shall be the sole and exclusive property of Licensor, and you hereby assign all of your right, title and interest in the Feedback, and all intellectual property rights related thereto, to Licensor.
3. PRE-RELEASE BETA; UPDATES AND SUPPORT. The Beta is a pre-release version and is not at the level of performance and compatibility of a final, generally available product offering. The Beta may not operate correctly and may be substantially modified in the future. Licensor may provide updates to the Beta from time to time, but Licensor shall have no obligation to provide updates or support services for the Beta.
4. DISCLAIMER OF WARRANTIES. YOU ACKNOWLEDGE THAT THE BETA IS A PRE-RELEASE VERSION AND MAY CONTAIN ERRORS AND DEFECTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR PROVIDES THE BETA AND SUPPORT SERVICES (IF ANY) AS IS AND WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF RELIABILITY OR AVAILABILITY, OF ACCURACY OR COMPLETENESS OF RESPONSES, OF RESULTS, OF WORKMANLIKE EFFORT, OF LACK OF VIRUSES, AND OF LACK OF NEGLIGENCE. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE BETA.
5. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. To the maximum extent permitted by applicable law, in no event shall Licensor be liable for any special, incidental, punitive, indirect, or consequential damages (including, but not limited to, damages for loss of profits, for personal injury, for loss of privacy, for failure to meet any duty including of good faith or of reasonable care, for negligence, and for any other pecuniary or other loss whatsoever) arising out of or in any way related to the use of or inability to use the Beta, the provision of or failure to provide support or other services, information and related content through the Beta or otherwise arising out of the use of the Beta, or otherwise under or in connection with any provision of this EULA, even in the event of the fault, tort (including negligence), misrepresentation, strict liability, breach of contract or breach of warranty of Licensor, and even if Licensor has been advised of the possibility of such damages.
6. LIMITATION OF LIABILITY AND REMEDIES. THE ENTIRE LIABILITY OF LICENSOR AND YOUR EXCLUSIVE REMEDY HEREUNDER SHALL BE LIMITED TO THE ACTUAL DAMAGES YOU INCUR IN REASONABLE RELIANCE ON THE BETA UP TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE BETA. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
7. TERM/TERMINATION. The license granted to you hereunder is effective until Licensor issues a final release of the game that corresponds to the Beta, unless earlier terminated. Without prejudice to any other rights, Licensor may terminate the license granted to you hereunder if you fail to comply with any terms or conditions of this EULA.
8. GOVERNING LAW/JURISDICTION. This EULA shall be construed and controlled by the laws of the State of New York, and you consent to exclusive jurisdiction and venue in the federal and state courts in the State of New York.
9. ENTIRE AGREEMENT; SEVERABILITY. This EULA constitutes the complete and exclusive agreement between you and Licensor with respect to the subject matter hereof, and supersedes all prior or contemporaneous oral or written communications, proposals, representations, understandings or agreements not specifically incorporated herein. If any provision of this EULA is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.