Zitat
A. Ownership
ENTERBRAIN retains all title, copyright and other proprietary rights in, and ownership of, the RTP SOFTWARE. Licensee does not acquire any
rights, express or implied, other than those expressly granted in this Agreement.
B. License
ENTERBRAIN grants to Licensee a non-exclusive, non-assignable, fee-free license to use the RTP SOFTWARE only for the purpose to play the GAME created and
distributed by RPG MAKER XP users who shall complete the registration procedure.
C. Restriction
Licensee shall not reverse engineer, de-compile, or disassemble the RTP SOFTWARE.
Further, Licensee shall not sell, distribute, assign, lease, sublicense, encumber, or otherwise transfer the RTP SOFTWARE and/or its data without any
prior written consent of ENTERBRAIN.
D. Termination
This Agreement and the license granted hereunder automatically terminates if Licensee breaches any provision of this Agreement. Immediately upon
termination of this Agreement, Licensee shall cease using the RTP SOFTWARE, shall delete the RTP SOFTWARE and Game from its computers and shall either
return to ENTERBRAIN or destroy the RTP SOFTWARE. If Licensee elects to destroy the RTP SOFTWARE, then Licensee shall certify in writing to ENTERBRAIN
the destruction of the RTP SOFTWARE.
E. Limited Warranties and Disclaimers
ENTERBRAIN does not warrant that the RTP SOFTWARE will meet Licensee’s requirements, that the RTP SOFTWARE will operate in combinations other than as
specified in the Documentation, that the operation of the RTP SOFTWARE will be uninterrupted or error-free or that RTP SOFTWARE errors will be corrected.
ENTERBRAIN HEREBY DISCLAIMS ANY AND ALL REPRESENTATION AND WARRANTIES IN ANY MANNER, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
F. Liability Limitation
IN NO EVENT SHALL ENTERBRAIN BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE,
DATA OR USE, INCURRED BY LICENSEE OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. ENTERBRAIN’S LIABILITY FOR DAMAGES AND EXPENSES HEREUNDER OR RELATING HERETO (WHETHER IN AN ACTION IN CONTRACT OR TORT) WILL IN NO EVENT
EXCEED THE AMOUNT OF LICENSE FEES PAID TO ENTERBRAIN WITH RESPECT TO THIS AGREEMENT.
G. Entire Agreement
This Agreement constitutes the complete agreement between the parties and supersedes all prior or contemporaneous agreements or representations, written
or oral, concerning the subject matter of this Agreement.
H. Governing Law and Jurisdiction
This Agreement will be interpreted and enforced in accordance with the laws of Japan without regard to choice of law principles. Any and all dispute
arising out of or in connection with this Agreement shall solely be resolved by and at Tokyo District court, Tokyo, Japan.
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