LUCID PUBLISHING LIMITED END USER LICENSE AGREEMENT.
IMPORTANT – READ CAREFULLY SWITCHBLADE (the “Game”)
THE GAME (WHICH INCLUDES THE COMPUTER SOFTWARE PROGRAM, THE ASSOCIATED MEDIA (IF APPLICABLE), ANY SOFTWARE ASSOCIATED WITH THE ONLINE MODE OF THE GAME (AND SUBJECT TO ANY ADDITIONAL TERMS OF USE APPLICABLE TO SUCH ONLINE MODE AND RELATED DOCUMENTATION IN PRINTED OR ELECTRONIC FORM IS LICENSED TO YOU ON THE TERMS SET FORTH BELOW, WHICH CONSTITUTES A LEGAL AGREEMENT BETWEEN YOU AND THE LUCID PUBLISHING LIMITED, A COMPANY REGISTERED IN ENGLAND AND WALES (“LUCID”). BY USING THE GAME, YOU AGREE TO BE LEGALLY BOUND BY THE TERMS OF THIS AGREEMENT WITH LUCID. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO USE THE GAME.
IF YOU AGREE TO THE TERMS SET OUT IN THIS AGREEMENT select “ACCEPT” to confirm your acceptance to these terms and your understanding of the conditions of use of the Game.
IF YOU DO NOT AGREE TO THE TERMS SET OUT IN THIS AGREEMENT select “DECLINE” and a licence will not be granted to you by Lucid in respect of the Game and you will not be able to play the Game.
The Game is protected by the copyright laws of England, international copyright treaties and conventions and other laws. The Game is licensed, and not sold, and this Agreement confers no title or ownership to the Game or any copy thereof.
LIMITED USE LICENSE. LUCID grants you the non-exclusive, limited right and license to install and use one copy of the Game solely for your personal use.
OWNERSHIP. All intellectual property rights in and to the Game (including but not limited to video, audio, computer code, themes, derivative works, titles, 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 other content incorporated therein) and title to any and all copies thereof are owned by LUCID or its licensors, and you receive no right or interest therein other than the limited license in paragraph 1 hereof.
LICENCE RESTRICTIONS:
YOU AGREE TO ONLY USE THE GAME, IN ACCORDANCE WITH THIS LICENSE AND YOU SHALL NOT:
Copy the Game except as permitted under this licence.
Without a separate, additional license from Lucid, use the Game or permit the use of the Game, on more than one computer, game console, handheld device or PDA at the same time.
Use the Game, or permit use of the Game, in a network, multi-user arrangement or remote access arrangement, including any online use except as otherwise allowed as a non-commercial private feature of the Game and/or explicitly permitted by LUCID.
Make copies of the Game or any part thereof, except that you may make one copy of the Game for backup or archival purposes, or make copies of the materials accompanying the Game for non-commercial backup and reference only.
Sell, rent, lease, license, distribute, upload or otherwise transfer or make available to any other person the Game, in whole or in part, or use the Game or any part thereof in any commercial context, including but not limited to using in a service bureau, “cyber cafe”, computer gaming centre or any other commercial location in which multiple users may access the Game without the express prior written consent of LUCID. If required LUCID may offer a separate site license agreement to permit you to make the Game available for commercial use; see the contact information below.
Reverse engineer, derive source code, modify, decompile, disassemble, or create derivative works of the Game, in whole or in part.
Remove, disable or circumvent any proprietary notices or labels contained on or within the Game.
Export or re-export the Game or any copy or adaptation in violation of any applicable laws or regulations.
Create data or executable programs that mimic data or functionality in the Game.
LUCID MAY REVOKE YOUR LICENSE IF YOU VIOLATE OR ASSIST OTHERS IN VIOLATING, THE LICENSE LIMITATIONS SET FORTH BELOW. YOU AGREE TO ONLY USE THE GAME, IN ACCORDANCE WITH THIS LICENSE AND YOU SHALL NOT:
Create, use, offer, advertise, make available and/or distribute any so called “cheats” that influence and/or facilitate gameplay, including exploits of any in-game bugs, and thereby grant you and/or any other user an advantage over other players not using such methods.
Create, use, offer, advertise, make available and/or distribute any so called “hack” that accesses or modifies the the Game in a manner not expressly authorised by LUCID.
Create, use, offer, advertise, make available and/or distribute any code or software not expressly authorized by LUCID, and/or any component or feature thereof which changes and/or facilitates the gameplay.
GAME UPDATES AND PATCHES. From time to time LUCID may provide updates, patches and other modifications to the Game that must be installed for the user to continue to play the Game properly or at all. Lucid may update, patch or modify the Game remotely and access the Game residing on your machine for such purpose, and you hereby grant to LUCID the right to deploy and apply such patches, updates and modifications. All provisions of this agreement that refer to ‘Game’ shall also include such patches, updates and modifications.
ANALYTICS. We want to offer you the best gameplay experience as possible and we are constantly striving to improve our products. To help us achieve this we sometimes collect data relating to how you play the game, including what actions you take or selections you make, how long you play for and the performance of our online systems when you connect. This data is anonymised and is only kept for a reasonable period for analysis.
LIMITED WARRANTY. Use of the Game and the media on which it is recorded is at your sole risk.
EXCEPT AS SET FORTH ABOVE, THE GAME IS PROVIDED ‘AS IS’ AND THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND NO OTHER REPRESENTATIONS OR CLAIMS OF ANY KIND SHALL BE BINDING ON OR OBLIGATE LUCID.
LIMITATION ON DAMAGES. IN NO EVENT WILL LUCID BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, USE OR MALFUNCTION OF THE GAME, INCLUDING DAMAGES TO PROPERTY, LOSS OF GOODWILL, LOSS OF PROFITS, LOST OR CORRUPTED DATA OR FILES, CONSOLE, COMPUTER OR HANDHELD DEVICE FAILURE, ERRORS AND LOST BUSINESS OR OTHER INFORMATION AS A RESULT OF POSSESSION, COMPUTER FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, EVEN IF LUCID HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LUCID’S LIABILITY SHALL NOT EXCEED THE ACTUAL PRICE PAID FOR THE LICENSE TO USE THIS GAME.
SOME STATES/COUNTRIES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS AND/OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND/OR EXCLUSION OR LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
TERMINATION. Without prejudice to any other rights of LUCID, the license shall remain in effect for as long as you use, operate or run the Game. This Agreement will terminate automatically if you fail to comply with its terms and conditions. In such event, you must uninstall and destroy all copies of the Game and all of its component parts. You may also terminate this Agreement (and Licence) at any time by destroying the Game and uninstalling it from your computer(s) or other applicable hardware. The sections entitled ‘Ownership’, ‘License Restrictions’, and ‘Limitations on Damages’, ‘Termination’, ‘Injunction’, ‘Indemnity’ and ‘Miscellaneous shall survive any termination of this Agreement.
INJUNCTION. Because LUCID would be irreparably damaged if the terms of this Agreement were not specifically enforced, you agree that LUCID shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as LUCID may otherwise have under applicable laws.
INDEMNITY. You agree to indemnify, defend and hold harmless LUCID, its partners, affiliates, contractors, officers, directors, employees and agents harmless from all claims, damages, losses and expenses (including reasonable legal fees) arising directly or indirectly from your acts or omissions to act in using the Game pursuant to the terms of this Agreement.
MISCELLANEOUS. This Agreement represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them. It may be amended only in writing executed by both parties. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the remaining provisions of this Agreement shall not be affected. This Agreement shall be governed by and construed in accordance with the laws of England and you consent to the exclusive jurisdiction of the courts of England.
If you have any questions concerning this license, you may contact Lucid at:
Lucid Publishing Limited, Elevator Studios, 29 – 31 Parliament Street,
Liverpool, L8 5RN, United Kingdom
SIEE
Any content purchased in an in-game store will be purchased from Sony Interactive Entertainment Network Europe Limited (“SIENE”) and be subject to PlayStation™Network Terms of Service and User Agreement which is available on the PlayStation™Store. Please check usage rights for each purchase as these may differ from item to item. Unless otherwise shown, content available in any in-game store has the same age rating as the game.
SIEA
Purchase and use of items are subject to the Network Terms of Service and User Agreement. This online service has been sublicensed to you by Sony Interactive Entertainment America.