Yacht-Club-Games-EULA

Yacht Club Games, LLC
End User License Agreement

THIS END USER LICENSE AGREEMENT ("EULA") IS A BINDING LEGAL AGREEMENT BETWEEN Yacht Club Games, LLC 
("Yacht Club Games") AND YOU AND, IF APPLICABLE, THE COMPANY OR OTHER LEGAL ENTITY YOU REPRESENT 
(COLLECTIVELY, "YOU" AND "YOUR") REGARDING THE GAME SOFTWARE THAT YOU ARE INSTALLING, INCLUDING ANY 
ACCOMPANYING MANUAL OR OTHER RELATED MATERIAL PROVIDED BY Yacht Club Games AS PART OF, OR IN 
CONNECTION, THEREWITH (COLLECTIVELY, THE "GAME").

BY CLICKING THE "I AGREE" BUTTON BELOW, OR BY OTHERWISE CONTINUING TO INSTALL, DOWNLOAD, COPY, 
ACCESS OR USE THE GAME, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS OF 
THIS EULA.  IF YOU DO NOT AGREE, YOU MUST SELECT THE "I DON'T AGREE" BUTTON AND YOU MAY NOT 
CONTINUE TO INSTALL, DOWNLOAD, COPY, ACCESS OR USE THE GAME.

1. 	LICENSE GRANT AND RESTRICTIONS.

	1.1	License Grant. Yacht Club Games hereby grants to you a non-exclusive license to use a single 
copy of the object code version of the Game for your personal, non-commercial home entertainment 
use on one personal computer or other compatible electronic device.  You may sell or transfer your 
copy of the Game to another person along with, and subject to, your rights under this EULA, only if 
you do not retain any copies.

	1.2	Restrictions. You may not (i) decompile, disassemble or reverse engineer the Game or otherwise 
attempt to gain access to its source code, except to the extent that such restrictions are 
expressly prohibited by law; (ii) copy, offer for public display or create derivative works 
thereof, except to the extent that such restrictions are expressly prohibited by law; (iii) rent, 
lease, loan, sublicense or distribute the Game, or offer it on a pay-per-play, coin-op or other for 
charge (or free) basis; (iv) use the Game to infringe the copyrights or other intellectual property 
rights of others in any way; (v) modify or delete the copyright and other proprietary rights 
notices on or in the Game.

	1.3  	Game Specific Terms and Conditions. For additional terms and conditions that may apply to 
the Game, such as third-party copyright notices and license information, please review the Readme 
file included with the Game.  The ReadMe file for the Game is hereby incorporated into this EULA by 
this reference.

2.  	TERMINATION. This EULA is effective until terminated. You may terminate this EULA at any time 
by uninstalling the Game and destroying all copies of the Game in your possession or control.  
Yacht Club Games may terminate this EULA immediately upon notice to you if you breach any of its 
terms or conditions.  Upon termination of this EULA, you agree to immediately uninstall the Game 
and destroy all copies of the Game.

3.  	GAME OWNERSHIP. The Game is the copyrighted proprietary material of Yacht Club Games and/or 
its third-party licensors and is subject to copyright protection under U.S. copyright law and 
international copyright treaties, as well as other intellectual property laws and treaties. Yacht 
Club Games and/or its third-party licensors retain all right, title, and interest in the Game (and 
any copies thereof) and specifically reserve all rights not expressly granted under this EULA.

4.  LIMITED WARRANTIES BY Yacht Club Games.

	4.1 	Limited Warranty. Yacht Club Games WARRANTS TO YOU, THE ORIGINAL PURCHASER OF THE GAME, THAT 
THE GAME WILL BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP FOR A PERIOD OF NINETY (90) DAYS 
FROM THE DATE OF PURCHASE (THE "WARRANTY PERIOD").  THIS LIMITED WARRANTY IS VOID IF THE GAME HAS 
BEEN SUBJECT TO MISUSE, DAMAGE OR IF YOU HAVE VIOLATED THIS EULA. TO THE MAXIMUM EXTENT PERMITTED 
BY APPLICABLE LAW, ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, 
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, OR 
WARRANTIES THAT THE GAME WILL BE ERROR-FREE, SECURE OR VIRUS-FREE, ARE HEREBY EXPRESSLY DISCLAIMED.

	4.2 	Additional Warranty for Retail Product. IF YOU PURCHASED THE GAME ON A DISC OR OTHER 
RECORDING MEDIUM, THEN YOU MUST MAKE ANY WARRANTY CLAIM TO THE RETAILER FROM WHICH YOU PURCHASED 
THE GAME BY PROVIDING A COPY OF YOUR ORIGINAL SALES RECEIPT AND ANY OTHER DETAILS REQUIRED BY THE 
RETAILER. THE RETAILER, AT ITS OPTION, MAY REFUND YOUR PURCHASE PRICE, REPAIR OR REPLACE THE DISC 
OR OTHER MEDIA CONTAINING THE GAME. ANY REPLACEMENT WILL BE WARRANTED FOR THE REMAINDER OF THE 
ORIGINAL WARRANTY PERIOD OR THIRTY (30) DAYS, WHICHEVER IS LONGER. YOUR EXCLUSIVE REMEDY, AND THE 
ENTIRE LIABILITY OF Yacht Club Games, ITS AFFILIATES, LICENSORS AND SUPPLIERS (COLLECTIVELY, "THE 
Yacht Club Games PARTIES"), FOR BREACH OF THIS WARRANTY, SHALL BE THE REFUND, REPAIR OR REPLACEMENT 
DESCRIBED ABOVE.

5. LIMITATION OF LIABILITY. NO PROVISIONS OF THIS EULA SHALL APPLY TO LIMIT LIABILITY ARISING FROM 
DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE OR FOR FRAUD. OTHERWISE, IN NO EVENT WILL THE Yacht 
Club Games PARTIES' TOTAL AGGREGATE LIABILITY TO YOU FOR DIRECT DAMAGES, LOSSES, AND CAUSES OF 
ACTION ARISING OUT OF OR RELATING TO THIS EULA AND/OR YOUR USE OF THE GAME EXCEED THE AMOUNT PAID 
BY YOU FOR THE GAME.  IN NO EVENT WILL THE Yacht Club Games PARTIES BE LIABLE FOR ANY INDIRECT, 
SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR ANY OTHER TYPE OF DAMAGES (INCLUDING WITHOUT LIMITATION 
DAMAGES RELATING TO LOST PROFITS, LOSS OF DATA, PRIVACY, NEGLIGENCE OR OTHER DUTY OF CARE), EVEN IF 
ONE OR MORE OF THE Yacht Club Games PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

6. BASIS OF THE BARGAIN; EXCLUSIONS. The disclaimers of warranties and limitations of liability set 
forth above are fundamental elements of the basis of the agreement between you and Yacht Club 
Games.  You understand and agree that Yacht Club Games would not be able to economically or 
reasonably provide the Game to you without these limitations. HOWEVER, SOME JURISDICTIONS DO NOT 
ALLOW THE EXCLUSION OF IMPLIED WARRANTIES AND/OR THE LIMITATION OF INDIRECT DAMAGES AS SET FORTH IN 
SECTIONS 4 AND 5 ABOVE, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

7. INDEMNIFICATION.  You agree to indemnify, defend and hold harmless the Yacht Club Games Parties, 
including their respective employees, officers, directors and personnel from any claims, losses, 
damages, liabilities, including attorneys' fees, arising out of your violation of this EULA and/or 
your use or misuse of the Game.

8. EXPORT CONTROL.  The Game originates in the United States and is subject to United States export 
laws and regulations. You may not export or re-export, in whole or in part, the Game to certain 
countries, persons or entities prohibited from receiving exports from the United States.  
Additionally, the Game may be subject to the import and export laws of other countries, and you 
agree that you will comply with any such foreign import and export laws, as applicable.

9. MISCELLANEOUS.  You agree to comply with all United States and foreign laws related to your use 
of the Game.  This is the entire agreement between you and Yacht Club Games relating to the subject 
matter herein and replaces any and all previous representations, agreements, understandings or 
communications, whether written or oral.  This EULA may not be modified except in writing, signed 
by both parties. If a court of competent jurisdiction declares any provision of this EULA to be 
void or unenforceable, then such provision will be interpreted, construed or reformed to the extent 
reasonably required to render it valid, enforceable and consistent with the original intent 
underlying such provision, and such invalidity or unenforceability will not affect any other 
provision of this EULA.   The English language version of this EULA will control its 
interpretation.

10.  GOVERNING LAW AND VENUE.

This EULA will be governed by and construed in accordance with the laws of the State of California, 
USA, excluding its conflicts of law rules and specifically excluding the United Nations Convention 
on Contracts for the International Sale of Goods.  Venue for any action hereunder shall lie 
exclusively in the state and federal courts located in San Francisco County, California USA and you 
hereby consent and submit to the personal jurisdiction of such courts.

11.  NOTICES; HOW TO CONTACT Yacht Club Games.  The Game is made available to you by Yacht Club 
Games, LLC.  Yacht Club Games may be contacted via its website (http://yachtclubgames.com).