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PLEASE READ THE FOLLOWING END USER LICENSE AGREEMENT (the “Agreement”) BEFORE INSTALLING STELLARX (The “Software”). BY INSTALLING, COPYING, AND/OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT AS SET FORTH BY OVA INC., LOCATED AT 2590, BOULEVARD LAURIER, OFFICE 910, QUEBEC (QUEBEC), CANADA G1V 4M6, CANADA (“OVA”).
YOUR USE OF THE SOFTWARE IS ALSO SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN THE STEAM™ SUBSCRIBER AGREEMENT AND/OR ANY OTHER TERMS SET FORTH BY VALVE CORPORATIONS IN RELATION TO THE STEAM™ SERVICE.
IF YOU AGREE TO THE TERMS SET FORTH IN THIS AGREEMENT, select “I ACCEPT” to install the Software and to indicate your acceptance of these terms and your understanding of the conditions of use of the Software. IF YOU DO NOT AGREE TO THE TERMS SET FORTH IN THIS AGREEMENT, select “I DO NOT ACCEPT” and OVA shall not grant to you the Licence (as defined below) to the Software.
LIMITED USE LICENSE
LICENSE CONDITIONS AND RESTRICTIONS
- You agree to only use the Software, or any part of it, in a manner that is consistent with this License and you shall not:
- without written permission from OVA, use, advertise or exploit in any manner the Software or any of its parts commercially, including but not limited to use at a cyber (Internet) café, computer gaming centre or any other location-based site;
- without a separate, additional license from OVA, use the Software or permit the use of the Software, on more than one computer, game console, handheld device or PDA at the same time;
- use the Software, or permit use of the Software, in a network, multi-user arrangement or remote access arrangement, including any online use, except as otherwise explicitly permitted by OVA in writing;
- make copies of the Software or any part thereof, except that you may make one (1) copy of the Software for backup or archival purposes, or make copies of the materials accompanying the Software for non-commercial backup and reference only;
- sell, rent, lease, license, distribute, upload to any Internet server or web site, or otherwise transfer any portion of this Software or any copies without the express prior written consent of OVA.
- remove, disable or circumvent any security protections or any technical measures that control access to the Software;
- remove, modify, deface or circumvent any proprietary notices or labels contained on or within the Software;
- export or re-export the Software or any copy or adaptation in violation of any applicable laws or regulations; or
- create data or executable programs that mimic data or functionality in the Software.
- Furthermore, you agree that you shall abide by the safety information, maintenance instructions or other relevant notices contained in the instruction manual that is included with the Software.
- OVA will provide you with a support service, in order to respond to technical problems encountered while using the Software. The support request may be transmitted at any time by email, telephone or any other means made available to you by OVA. OVA undertakes to respond to such support requests within forty-eight (48) hours of receipt.
- You agree and acknowledge that all title, ownership rights, and intellectual property rights connected with the Software and any and all copies thereof (including but not limited to any derivative works, upgrades, updates, source and object code, interfaces, themes, objects, locations, concepts, artwork, graphics, animation, sounds, musical compositions, audio-visual effects, text, methods of operation, and any related documentation) are owned by OVA or its licensors.
- OVA reserves all other rights and interests not expressly granted under the Agreement. Nothing in the Agreement grants any license, right or interest in any trademark of OVA.
- OVA is not required to treat the feedback that you provide to OVA as confidential, and nothing in this Agreement or in the exchanges between us shall restrict OVA's right to use, benefit from, disclose, publish, keep secret or otherwise exploit the feedback, without compensation or attribution to you.
- You undertake not to perform any action that could be considered as reverse engineering with respect to the Software or any other Confidential Information that is encrypted or otherwise provided in a non-human-readable form. “Reverse engineering" includes any reverse engineering, translation, disassembly, decryption or deconstruction (including cable sniffing or black box reverse engineering) or any method or process to obtain or convert any information or data or software into a human-readable form.
- In consideration of the License or its renewal, you must pay OVA in full the applicable fees to your subscription plan. Applicable taxes, whether federal, state, provincial or local, however designated, that may be validly levied or based upon this Agreement, the Software, the License or the Steam™ Subscriber Agreement and/or any other terms set forth by Valve Corporations in relation to the Steam™ service, may be added to your fees.
- You may be entitled to a free-of-charge trial period for the Software, in accordance with OVA’s pricing policies at the time of your request. You understand and agree that any data you have entered into the Software during such trial period may be permanently lost if you do not subscribe to the regular version of the Software.
SOFTWARE UPDATES AND PATCHES
OVA may provide updates, patches and other modifications to the Software that must be installed for the user to continue to use the Software properly or at all. OVA may update, patch or modify the Software remotely and access the Software residing on your machine for such purpose, and you hereby grant to OVA the right to deploy and apply such patches, updates and modifications. All provisions of this Agreement that refer to the “Software” shall also include all such patches, updates and modifications.
- THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. NO ORAL OR WRITTEN ADVICE OR INFORMATION GIVEN BY OVA OR ANY OF ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY INCREASE THE SCOPE OF THIS LIMITED WARRANTY.
- Some states and jurisdictions do not allow the exclusion of, or limitations on, limited or implied warranties, and in such states and jurisdictions, OVA’s liability shall be limited to the maximum extent permitted by law. You may have other rights that vary from state-to-state or from jurisdiction-to-jurisdiction. Under no circumstances shall any implied warranty required by law exceed a 90-day period during which a defect shall be covered by OVA.
LIMITATIONS ON DAMAGES
IN NO EVENT SHALL OVA OR ITS LICENSORS BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, USE OR MALFUNCTION OF THE SOFTWARE, INCLUDING WITHOUT LIMITATION ANY LOSSES OR DAMAGES CONNECTED WITH OR CONSISTING OF LOST PROFITS, DAMAGE TO PROPERTY, LOST OR CORRUPTED DATA OR FILES, LOSS OF GOODWILL, CONSOLE, COMPUTER OR HANDHELD DEVICE FAILURE, ERRORS AND LOST BUSINESS OR OTHER INFORMATION AS A RESULT OF POSSESSION, USE OR MALFUNCTION OF THE SOFTWARE, OR PERSONAL INJURIES, EVEN IF OVA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. FURTHERMORE, IN NO EVENT SHALL OVA OR ITS LICENSORS BE LIABLE FOR SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES RESULTING FROM THE BREACH OF ANY EXPRESS OR IMPLIED WARRANTIES OR ANY OTHER TERMS OF THIS AGREEMENT. OVA’S TOTAL LIABILITY IN ALL CASES SHALL NOT EXCEED THE ACTUAL PRICE PAID FOR THE SOFTWARE. THE FOREGOING APPLIES EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
TERM AND TERMINATION
Without prejudice to any other rights of OVA, the License shall remain in effect for as long as you use, operate or run the Software. The License shall terminate automatically if you fail to comply with its terms and conditions. In such event, you must uninstall and destroy all copies of the Software. You may also terminate the License at any time by destroying the Software and uninstalling it from your computer(s) or other applicable hardware. The Sections entitled “Intellectual Property,” “License Conditions and Restrictions,” “Limitations on Damages,” “Term and Termination,” “Confidentiality” and “Miscellaneous” shall survive any termination of this Agreement.
You hereby agree to protect OVA’s confidential Information with the same care and discretion as you employ with your own confidential information, but in no event less than reasonable care and discretion. Without limiting the foregoing, you agree to keep OVA’s confidential information secret, and not to disclose, copy or otherwise provide in part or in whole, to any third party, any such confidential information. The present confidentiality obligations shall expire five (5) years from the date of a disclosure, except for trade secrets, which shall be held in confidence for so long as they constitute trade secrets.
- Entire Agreement. This Agreement represents the complete agreement between you and OVA concerning the License and your rights to use the Software, and supersedes all prior agreements and representations, warranties or understandings between you and OVA (whether negligently or innocently made but excluding those made fraudulently), regarding the same subject matter.
- Governing law. This Agreement shall be governed, construed, and enforced in accordance with the laws of the province of Quebec and applicable federal laws, without regard to their conflict of law rules.
- Assignment. You may not assign this Agreement or any of your rights or obligations under this Agreement without OVA’s written consent.
- Severability. Any part, provision, representation or warranty of this Agreement, which is prohibited, or which is held to be void or unenforceable shall be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof.
If you have any questions concerning this Agreement or the License contained therein, you may contact OVA at firstname.lastname@example.org.