• Last Updated June 16, 2007

    AUTERIA END USER LICENSE AGREEMENT

    IMPORTANT! PLEASE READ CAREFULLY.

    BY INSTALLING, COPYING, OR OTHERWISE USING THE GAME (DEFINED BELOW), YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO INSTALL, COPY, OR USE THE GAME.

    This software program, and any files that are delivered to you is the copyrighted work of huehn software. Any use, reproduction, modification or distribution of the game not expressly authorized by the terms of the License Agreement is expressly prohibited.

     

    1. Ownership.

    All title, ownership rights and intellectual property rights in and to the game and all copies thereof (including without limitation any titles, computer code, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artwork, character inventories, structural or landscape designs, animations, sounds, musical compositions and recordings, audio-visual effects, storylines, character likenesses, methods of operation, moral rights, and any related documentation) are owned or licensed by huehn-software The game may contain materials licensed by third parties, and the licensors of those materials may enforce their rights in the event of any violation of this License Agreement.

     

    2. Responsibilities of End User.

    A. Subject to the license granted hereunder, you may not, in whole or in part, copy, photocopy, reproduce, translate, reverse engineer, derive source code from, modify, disassemble, decompile, or create derivative works based on the game, or remove any game proprietary notices or labels on the game. Failure to comply with the restrictions and limitations contained in this Section shall result in the immediate, automatic termination of the license granted hereunder and may subject you to civil and/or criminal liability.

    B. You agree that you shall not, under any circumstances,

    (i) sell, grant a security interest in or transfer reproductions of the game to other parties in any way not expressly authorized herein, nor shall you rent, lease or license the game to others;

    (ii) exploit the game or any of its parts.

    (iii) host, provide or develop matchmaking services for the game or intercept, emulate or redirect the communication protocols used by huehn-software in any way, including without limitation through protocol emulation, tunneling, packet sniffing, modifying or adding components to the game, use of a utility program or any other techniques now known or hereafter developed, for any purpose, including without limitation unauthorized network play over the Internet, network play utilizing commercial or non-commercial gaming networks, or as part of content aggregation networks; or

    (iv) facilitate, create or maintain any unauthorized connection to the game or the Service, including without limitation any connection to any unauthorized server that emulates, or attempts to emulate, the Service. All connections to the game created by the game client or by other tools and utilities, may only be made through methods and means expressly approved by huehn-software. Under no circumstances may you connect, or create tools that allow you or others to connect, to the game's proprietary interface other than those expressly provided by huehn-software for public use.

    3. Termination. This License Agreement is effective until terminated. You may terminate the License Agreement at any time by (i) permanently destroying all copies of the game in your possession or control; (ii) removing the game client from your hard drive; and (iii) notifying huehn-software of your intention to terminate this License Agreement. huehn-software may terminate this Agreement at any time for any reason or no reason. In such event, you must immediately and permanently destroy all copies of the game in your possession and control and remove the game client from your hard drive. Upon termination of this Agreement for any reason, all licenses granted herein shall immediately terminate.

    4. Patches and Updates. huehn-software may deploy or provide patches, updates and modifications to the game that must be installed for the user to continue to play the game. huehn-software may update the game remotely, including, without limitation, the game client residing on the user's machine, without the knowledge or consent of the user, and you hereby grant to huehn-software your consent to deploy and apply such patches, updates and modifications.

    5. Limitation of Liability, Indemnity. HUEHN-SOFTWARE SUBSIDIARIES SHALL NOT BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING OUT OF THE GAME OR ANY USE OF THE GAME, INCLUDING WITHOUT LIMITATION LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES. FURTHER, HUEHN-SOFTWARE SHALL NOT BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE TO PLAYER CHARACTERS, VIRTUAL GOODS (E.G., ARMOR, POTIONS, WEAPONS, ETC.) OR CURRENCY, ACCOUNTS, STATISTICS, OR USER STANDINGS, RANKS, OR PROFILE INFORMATION STORED BY THE GAME AND/OR THE SERVICE. HUEHN-SOFTWARE SHALL NOT BE RESPONSIBLE FOR ANY INTERRUPTIONS OF SERVICE, INCLUDING WITHOUT LIMITATION ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES, OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE. IN NO EVENT WILL HUEHN-SOFTWARE BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES.

    You hereby agree to defend, indemnify and hold huehn-software harmless from and against any claim, liability, loss, injury, damage, cost or expense (including reasonable attorneys' fees) incurred by huehn-software arising out of or from your use of the game. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you.

    6. Changes to the Agreement. huehn-software reserves the right, at its sole discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this License Agreement when huehn-software upgrades the game client, effective upon prior notice as follows: huehn-software will post notification of any such changes to this License Agreement on the AUTERIA WEBSITE and will post the revised version of this License Agreement in this location, and may provide such other notice as huehn-software may elect in its sole discretion. If any future changes to this License Agreement are unacceptable to you or cause you to no longer be in compliance with this License Agreement, you may terminate this License Agreement. Your installation and use of any updates or modifications to the game or your continued use of the game following notice of changes to this Agreement will demonstrate your acceptance of any and all such changes. huehn-software may change, modify, suspend, or discontinue any aspect of the game at any time. huehn-software may also impose limits on certain features or restrict your access to parts or all of the game without notice or liability. You have no interest, monetary or otherwise, in any feature or content contained in the game.

    7. Miscellaneous. This License Agreement constitutes and contains the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior oral or written agreements, provided, however, that this Agreement shall coexist with, and shall not supersede, the Terms of Use. To the extent that the provisions of this Agreement conflict with the provisions of the Terms of Use, the conflicting provisions in the Terms of Use shall govern.

    I hereby acknowledge that I have read and understand the foregoing License Agreement and agree that by installing the game client I am acknowledging my agreement to be bound by the terms and conditions of this License Agreement.

    © 2007 huehn-software.