Shift Em Mania 1.0.7

EULA - End User License Agreement

END-USER LICENSE AGREEMENT FOR 'SHIFT'EM MANIA'.
IMPORTANT PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE CONTINUING WITH THIS PROGRAM INSTALL IF YOU DO NOT AGREE, DO NOT USE THIS SOFTWARE.

1. DEFINITIONS
When used in this Agreement, the following terms shall have the respective meanings indicated, such meanings to be applicable to both the singular and plural forms of the terms defined:

'LICENSOR' means EXISTICAL.COM (Andrius Valkiunas).

'SOFTWARE PRODUCT' means (a) all of the contents of the files, disk(s), CD-ROM(s) or other media with which this Agreement is provided, including but not limited to ((i) registration information, i.e. License key which is unique for a registration name of the Licensee; (ii) related explanatory written materials or files (“Documentation”); and (iii) Software setup files and code samples (if any); and (b) upgrades, modified versions, updates, additions, and copies of the Software, if any, licensed to you by LICENSOR (collectively, “Updates”).

2. DESCRIPTION
LICENSOR's End-User License Agreement ('EULA') is a legal agreement between you (either an individual or a single entity) and LICENSOR for the LICENSOR SOFTWARE PRODUCT. By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. This license agreement represents the entire agreement concerning the program between you and LICENSOR, and it supersedes any prior proposal, representation, or understanding between the parties. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE PRODUCT.
The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.

3. GRANT OF LICENSE.
The SOFTWARE PRODUCT is licensed as follows:
(a) Installation and Use.
LICENSOR grants you the right to install and use copies of the SOFTWARE PRODUCT on your computer running a validly licensed copy of the operating system for which the SOFTWARE PRODUCT was designed [Windows OS, GNU/Linux, Mac OS X, iOS or Android, or any other operating system, emulator or virtual machine].
(b) Backup Copies.
You may also make copies of the SOFTWARE PRODUCT as may be necessary for backup and archival purposes.

4. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
(a) Maintenance of Copyright Notices.
You must not remove or alter any copyright notices on any and all copies of the SOFTWARE PRODUCT.
(b) Distribution.
You may not distribute registered copies of the SOFTWARE PRODUCT to third parties. Evaluation versions available for download from LICENSOR's websites may be freely distributed.
(c) Prohibition on Reverse Engineering, Decompilation, and Disassembly.
You may not reverse engineer, decompile, modify, adapt or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
(d) Rental.
You may not rent, lease, or lend the SOFTWARE PRODUCT.
(e) Support Services.
LICENSOR may provide you with support services related to the SOFTWARE PRODUCT ('Support Services'). Any supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA.
(f) Compliance with Applicable Laws.
You must comply with all applicable laws regarding use of the SOFTWARE PRODUCT.

5. TERMINATION
Without prejudice to any other rights, LICENSOR may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT in your possession.

6. COPYRIGHT
All title, including but not limited to copyrights, in and to the SOFTWARE PRODUCT and any copies thereof are owned by LICENSOR or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE PRODUCT is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. All rights not expressly granted are reserved by LICENSOR.

7. NO WARRANTIES
LICENSOR expressly disclaims any warranty for the SOFTWARE PRODUCT. The SOFTWARE PRODUCT is provided 'As Is' without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, noninfringement, or fitness of a particular purpose. LICENSOR does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the SOFTWARE PRODUCT. LICENSOR makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program. LICENSOR further expressly disclaims any warranty or representation to Authorized Users or to any third party.

8. LIMITATION OF LIABILITY
In no event shall LICENSOR be liable for any damages (including, without limitation, lost profits, business interruption, or lost information) rising out of 'Authorized Users' use of or inability to use the SOFTWARE PRODUCT, even if LICENSOR has been advised of the possibility of such damages. In no event will LICENSOR be liable for loss of data or for indirect, special, incidental, consequential (including lost profit), or other damages based in contract, tort or otherwise. LICENSOR shall have no liability with respect to the content of the SOFTWARE PRODUCT or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information.

8. OTHER TERMS

The SOFTWARE PRODUCT was made using GameMaker. GameMaker is the intellectual property of YoYo Games Ltd, a company of the United Kingdom.

YoYo Games Limited (“YoYo Games) is not involved in the creation of this SOFTWARE PRODUCT except only that it was made using GameMaker. YoYo Games warrants only that GameMaker will function satisfactorily if used properly and on the correct operating system.
YoYo Games does not warrant that the operation of the SOFTWARE PRODUCT will be uninterrupted or error free or that errors can be corrected. You install and use the SOFTWARE PRODUCT at your own risk and in no event will YoYo Games be liable to you for any loss or damage of any kind (except personal injury or death arising from YoYo Games’ negligence) including lost profits or other consequential loss arising from the use of or inability to use the SOFTWARE PRODUCT or from errors or deficiencies in it whether caused by negligence or otherwise.
To the maximum extent permitted by law, YoYo Games Limited excludes liability for all warranties, conditions and other terms which but for this notice would have effect.

All copyright and other intellectual property rights in GameMaker and parts of it included in the Application belong to and vest in YoYo Games. All rights of YoYo Games are hereby asserted and reserved.
All trade marks are the property of their respective owners and YoYo Games makes no warranty or representation in respect of and has no responsibility and excludes all liability for any trade mark or third party content.

Click “ACCEPT” and accept these terms to install and use this Application. If you do not accept them terms you may not continue with the installation and you must not install, use or run this software on this or any other computer.