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Developer:
Blitz Games
Players:
Single-Player
Version:
1.00
Download Size:
170.44 MB
Protection:
Impulse GOO
Territory:
Worldwide
Support:
Click Here
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Digital Download:
$9.99
Add To Cart
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DROPLITZ - END USER LICENSE AND WARRANTY AGREEMENT
ISSUED BY BLITZ GAMES STUDIOS LIMITED ("BLITZ").
YOU SHOULD CAREFULLY READ THE FOLLOWING END USER LICENSE AND WARRANTY
AGREEMENT ("EULA") BEFORE PURCHASING, DOWNLOADING OR INSTALLING THIS
SOFTWARE OR USING THE RELATED ONLINE SERVICE. IF YOU DO NOT AGREE WITH
THE TERMS OF THIS EULA, YOU MAY NOT USE, PURCHASE, DOWNLOAD OR INSTALL
THIS SOFTWARE OR THE RELATED ONLINE SERVICE. IF YOU HAVE PURCHASED A
PHYSICAL COPY OF THIS SOFTWARE WITHOUT HAVING AN OPPORTUNITY TO READ
THE TERMS OF THIS EULA AND YOU DO NOT AGREE WITH THEM, YOU MUST
IMMEDIATELY RETURN IT FOR A REFUND FROM WHERE ORIGINALLY PURCHASED.
This software program and any related printed or electronic materials
(the "Software") are copyright works of Blitz or its licensors. All
use of the Software is governed by the terms of this EULA. The Software
is solely for use by end users according to the terms of this EULA.
Any use, reproduction or redistribution of the Software not in
accordance with the terms of this EULA is expressly prohibited.
Reference to Software in this EULA shall include the Online Service
where and to the fullest extent that the content permits.
1. Limited Use License.
Blitz, hereby grants, and by installing the Software you thereby
accept, a limited, non-exclusive license and right to install and use
one (1) copy of the Software for your personal, non-commercial use on
a single computer subject to the terms of this EULA.
2. End User Obligations.
* You may use the Software for your own personal non-commercial use
as described in this EULA but you are not entitled to and must not
except as expressly provided by this EULA:
o sell, distribute or otherwise transfer copies or reproductions of
the Software to other parties in any way;
o in whole or in part reproduce, translate, reverse engineer,
derive source code from, modify, adapt, merge, translate,
disassemble, decompile, or create derivative works based on or of
the Software, except where applicable law provides otherwise in
which case the product and all end results of such acts shall
belong to, vest in and be the exclusive property of Blitz on
creation;
o remove, disable or circumvent any proprietary notices, labels or
copy protection software contained on or within the Software;
o exploit the Software or any of its parts for any commercial
purpose including, but not limited to, use at a cyber or internet
cafe or any other location-based site;
o network the Software or otherwise install or use it
(or permit its use) on more than one computer, console, handheld
device or PDA at the same time nor use or permit use of the
Software in a network, multi-user arrangement or remote access
arrangement, including any online use otherwise than as part of
the Online Service;
o use the Software for any illegal or immoral purposes;
o export or re-export the Software or any copy or adaptation in
violation of any applicable laws or regulations;
o create data or executable programs which mimic data or
functionality in the Software;
o otherwise use, copy, transfer, distribute, rent, lease, loan,
sub-license or deal in the Software or any part or interest in it
except as expressly provided by this EULA or in any manner which
is inconsistent with this EULA.
* You must back-up to another secure location, on a regular basis,
any data files concerning your use of the Software as Blitz has
no liability for lost or corrupted data.
* The Software is licensed to you as a single product. Its
component parts may not be separated for use on more than one
computer.
* Blitz may in its sole discretion offer additional licences to
permit you to make the Software available for commercial or
network use (contact Blitz for details).
3. Ownership.
The Software is licensed, not sold. Your license confers no title or
ownership in the Software. All right, title, interest and ownership
rights in the Software and any copyright, design right, database
right, patents and any rights to inventions, know-how, trade and
business names, trade secrets and trade marks (whether registered
or unregistered) and any applications therefor and other intellectual
property rights ("Intellectual Property Rights"), in or connected
with the Software and each part thereof (including by way of example
only any titles, code, themes, objects, characters, stories,
catchphrases, concepts, artworks, animations, sounds, music,
audio-visual effects and methods of operation) are owned by, belong
to and vest in Blitz or its licensors. The Software is protected by
copyright law, international copyright treaties and conventions and
other laws. All rights are asserted and reserved. The Software may
contain certain licensed materials and Blitz licensors may act to
protect their rights in the event of any breach of this EULA. All
trade marks are the property of their respective owners.
4. Software Transfer.
You may permanently transfer all of your rights under this EULA,
provided the recipient agrees to the terms of this EULA; you agree to
remove the Software from your personal computer and you transfer the
applicable Software Key to the recipient and agree with the recipient to
take over your password and username, subject to the terms of this EULA.
5. Termination.
This EULA and the licence granted by it is effective until terminated.
You may terminate this EULA at any time by deleting and removing the
Software from your personal computer and destroying your copy of the
Software in your possession. This Licence will terminate automatically
if you fail to abide by any of the terms and conditions. Blitz may
additionally, at its discretion, give you notice of termination of this
EULA in the event that it becomes aware that you are failing to comply
with the terms and conditions of it. In that event, you must immediately
destroy and erase the Software and all and any copies in your possession
or control and stored on any media whatsoever and on Blitz's request
certify that you have done so.
6. Export.
The Software may not be re-exported, downloaded or otherwise exported
into (or to a national or resident of) any country to which this country
has an embargo in force.
7. Limited Warranty
Blitz warrants only in respect of the Software distributed on a unit of
physical media that for a period of up to and including 90 days from the
date of the initial purchase of the Software that such media on which
the Software is furnished shall be free from defects in material and
workmanship. In the event that such media proves to be defective during
that time period and upon presentation to Blitz of proof of purchase of
the defective Software, Blitz will at its option; 1) correct any defect,
2) provide you with a product of equal value, or 3) refund your money.
8. Limitation of Liability.
EXCEPT AS SPECIFICALLY PROVIDED IN THIS EULA AND TO THE MAXIMUM EXTENT
PERMITTED BY LAW:
* THE FOREGOING WARRANTIES SET OUT ABOVE DEFINE IN FULL THE EXTENT
OF BLITZ'S LIABILITY, WARRANTIES AND YOUR REMEDIES;
* BLITZ AND ITS LICENSORS LIABILITY FOR DIRECT LOSS AND DAMAGE WILL
BE LIMITED AS DESCRIBED ABOVE;
* BLITZ EXCLUDES ANY AND ALL LIABILITY FOR ALL REPRESENTATIONS
(EXCEPT THOSE MADE FRAUDULENTLY), WARRANTIES, CONDITIONS AND
OTHER TERMS WHICH BUT FOR THIS NOTICE WOULD HAVE EFFECT;
* THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OR GUARANTEE
OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, THE IMPLIED WARRANTIES OF SATISFACTORY QUALITY,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR
NONINFRINGEMENT;
* BLITZ DOES NOT WARRANT THAT THE OPERATION OF THIS SOFTWARE
WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ERRORS CAN BE
CORRECTED;
* YOU INSTALL AND USE THIS SOFTWARE AT YOUR OWN RISK ;
* BLITZ AND ITS LICENSORS WILL NOT IN ANY EVENT BE LIABLE IN ANY WAY
FOR ANY CONSEQUENTIAL LOSS OR DAMAGE RESULTING FROM THE USE OF
OR INABILITY TO USE THE SOFTWARE, ERRORS OR DEFICIENCIES IN IT,
DAMAGE TO PROPERTY, LOST DATA, LOSS OF GOODWILL, COMPUTER
FAILURE OR MALFUNCTION, LOSS OF BUSINESS, LOSS OF INFORMATION
OR LOST PROFIT, WHETHER CAUSED BY NEGLIGENCE OR OTHERWISE, EVEN
IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS;
* BLITZ AND ITS LICENSORS WILL NOT IN ANY EVENT BE LIABLE IN ANY WAY
FOR ANY COMMERCIAL DAMAGE OR LOSS;
* BLITZ AND ITS LICENSORS WILL NOT BE HELD LIABLE FOR ANY DAMAGE,
INJURY OR LOSS IF CAUSED AS A RESULT OF YOUR NEGLIGENCE, ACCIDENT
OR MISUSE, OR IF THE SOFTWARE HAS BEEN MODIFIED IN ANY MANNER
(NOT BY BLITZ OR ITS LICENSORS) AFTER IT HAS BEEN BOUGHT.
THE LIABILITY OF BLITZ AND ITS LICENSORS SHALL NOT EXCEED THE
ACTUAL PRICE PAID FOR THE SOFTWARE.
THIS EULA SHALL NOT LIMIT ANY RIGHTS YOU MIGHT HAVE AS A CONSUMER THAT
MAY NOT BE EXCLUDED UNDER APPLICABLE LAW NOR SHALL IT EXCLUDE OR LIMIT
ANY LIABILITY FOR FRAUD OR DEATH OR PERSONAL INJURY ARISING CAUSED BY
BLITZ'S NEGLIGENCE.
9. Liability, Indemnity and Remedies.
You agree to indemnify, defend and hold Blitz and its licensors,
partners, affiliates, contractors, officers, directors, employees and
agents harmless from any claims, costs and expenses (including legal
expenses) arising directly or indirectly from your misuse of the
Software or use otherwise than in accordance with the terms of this
EULA.
You further agree that Blitz would be irreparably damaged if the terms
of this EULA were not specifically enforced, and therefore you agree
that Blitz shall be entitled, without bond, other security, or proof of
damages, to appropriate equitable remedies with respect to breaches of
this EULA, in addition to such other remedies as Blitz may otherwise
have available to it under applicable laws. Blitz's licensors shall be
third-party beneficiaries under this EULA and shall have the express
right to enforce its provisions and to enjoy the benefits of its
protections.
10. Severability
In the event that any provision of this EULA shall be held by a court or
other tribunal of competent jurisdiction to be unenforceable, such
provision will be enforced to the maximum extent permissible and the
remaining portions of this EULA shall remain in full force and effect.
11. Applicable Law.
the Software, Online Service and this EULA are subject to English Law.
In the event that English Law cannot To the maximum extent permitted by
the local law applicable in the country in which you obtain or use them,
apply in the country you obtained or use the Software local law will
apply. The Online Service is intended for use and may only be used in
countries where all such use is lawful.
12. Online Service and Communications
Blitz provides and maintains certain online functionality, online
network play connectivity and interactivity and other online features
relating to the Software ("Online Service") subject to the terms and
conditions of this EULA. In connection therewith the following
additional terms apply:
* The Online Service and Communications for personal entertainment
only, on an "as is" basis and all use must be in accordance with
the terms of this EULA.
* Blitz is engaged in the business of publishing the Software and
an entertainment service in the form of the Online Service and
ancillary to this is engaged in the transmission, storage,
retrieval, hosting, formatting or translation of third party
communications without selection or alteration of the content of
the communication for which it is a mere conduit.
* In connection with the use of the Software and the Online Service
ONLY and subject to the terms of this EULA, you may and are
granted a limited, non-exclusive license and right to use the
software that forms part of the Software and the Online Service to
communicate with other users of the Online Service. The applicable
parts of the Software and the Online Service may only be used for
such communications ("Communications").
* To use the Online Service you must be over the age of 16 years or
else have your parent's or guardian's consent to do so on these
terms. By using the Online Service you therefore confirm that you
are over 16 years of age or else have your parent's or guardian's
consent (in which case your parent or guardian has read and agreed
to these terms).
* You agree and accept that Blitz has no responsibility to review the
content of any Communications all of which are made available on
the basis that Blitz shall not be required to exercise any control
or judgement of the content or the material posted or contained
therein.
* The views expressed in any Communications are the views of the
individual authors and not those of Blitz unless specified
otherwise by Blitz. In particular but without limitation to the
above Blitz is not responsible for and disclaims all liability in
respect of any comments, views or remarks expressed in any
Communications.
* Blitz gives no warranty and makes no representation as to the
accuracy, currency or validity of the information and material
contained within the Communications or the Online Service and shall
not be responsible for any loss or damage caused as a result of any
use of such material.
* You agree and undertake that you will not post to or transmit to
the Online Service any statement, material or Communication that:
- is unlawful or which gives rise to civil or criminal liability;
- infringes upon the intellectual property rights of any third party;
- assists piracy including any requests for CD keys or pirated
software;
- is technically harmful such as computer viruses, worms, logic bombs
or other malicious software or harmful data;
- is abusive, seditious, pornographic, aggressive, homophobic,
defamatory, libellous, untrue, discriminatory, obscene,
inflammatory or racist;
- harasses any person;
- may be deemed a marketing or commercial communication or promotes
the products or services of any person other than Blitz or the
Online Service;
- promotes any illegal or unlawful activity including but not limited
to solicitation, gambling or the sale of prescription medicines;
- is aimed at persons under the age of 18 or which seeks or attempts
to make any arrangement to meet a person under the age of 18;
- contains any restricted material, including but not limited to
passwords, medical information or confidential information of any
person; or
- solicits, invites, encourages, advocates, incites or provokes any
or all of the foregoing.
* You further agree that in any activity undertaken following use of
and related to your use of the Online Service you will not in any
way conduct yourself in a manner which is unlawful or which gives
rise to civil or criminal liability or which might call into
disrepute the Online Service.
* You hereby indemnify, defend and hold Blitz and Blitz's affiliates
and Blitz's officers, directors, owners, agents, information
providers, affiliates, licensers and licensees (collectively, the
"Indemnified Parties") harmless from and against any and all
liability and costs (including reasonable attorneys fees) incurred
by the Indemnified Parties in connection with any claim arising out
of any breach by you of this EULA or claims arising from your use
of the Online Service any Communications and any use of your
password and username. You shall use your best efforts to cooperate
with Blitz in the defence of any claim. Blitz reserves the right,
at Blitz's own expense, to assume the exclusive defence and control
of any matter otherwise subject to indemnification by you.
* Blitz shall be entitled to remove, restrict, suspend or alter any
user account and any Communications (and the ability to share or
create Communications) for any reason in its sole and absolute
discretion including because the use or Communications might be
unacceptable as described in these Terms.
* If you discover Communications which you believe contravene these
Terms please notify Blitz at the address stated below with details
of the page you found it on.
13. Online Service Accounts
* In order to use the Online Service you will need to register for
which you will need to submit various information and choose a
username and a password.
* You warrant and undertake that all the information supplied during
registration is truthful, complete and correct. In the event that
the information you have supplied is incomplete or incorrect you
agree to indemnify Blitz against any loss or damage incurred by
Blitz and any third parties who may suffer damage as a result of
the information that you have supplied.
* You accept and understand that you are obliged to ensure that all
information held about you by Blitz is up to date and that you can
amend your registration details at any time through the Online
Service.
* The username and password chosen by and issued to you upon
registration with Blitz is personal to you in order to facilitate
your use of and access to the Online Service and shall not be
disclosed to any third party without Blitz's prior written consent.
* In the event that you believe your username, password or account
to have been compromised you undertake to inform Blitz immediately.
* You agree that you are and shall remain responsible for
maintaining the confidentiality of your password and username.
* You accept and understand that you are solely liable for any use
of the Online Service undertaken by use of your username and
password whatsoever.
DO NOT SHARE YOUR USERNAME OR PASSWORD WITH ANY OTHER PERSON
OR ALLOW ANY OTHER PERSON TO USE YOUR ACCOUNT. BLITZ IS NOT
LIABLE FOR ANY IMPROPER USE OF YOUR USERNAME, PASSWORD OR
ACCOUNT OR ANY USE BY ANY THIRD PARTY.
* By using the Online Service you confirm that you have the necessary
hardware, software and capability required and that Blitz and its
licensors shall have no liability in relation to hardware, software
or other services required to make use of the Software or Online
Service.
14. Online Service Liability
* Blitz will not be liable in any amount for failure to perform any
obligation under this EULA if such failure is caused by the
occurrence of any unforeseen contingency beyond the reasonable
control of such party including without limitation Internet outages
, communications outages, fire, flood, war or act of God.
* Except as provided above there are no other warranties, conditions
or other terms, express or implied, statutory or otherwise, and all
such terms are hereby excluded to the maximum extent permitted by
law.
* To the maximum extent permitted by law, Blitz gives no warranty in
connection with the Online Service and excludes liability for any
loss or damage of any kind howsoever arising, including without
limitation any direct, indirect, punitive or consequential loss
whether or not such arises out of any problem you notify to Blitz
and Blitz shall have no liability to pay any money by way of
compensation, including without limitation all liability in
relation to:
* the availability of the Online Service;
* any incorrect or inaccurate information on Online Service and all
errors, interruptions to or delays in updating the Online Service;
* the infringement by any person of any Intellectual Property Rights
of any third party caused by their use of Online Service;
* any amount or kind of loss or damage due to viruses or other
malicious software that may infect a user's computer equipment,
software, data or other property caused by persons accessing, using
or downloading Online Service, or from transmissions via emails or
attachments received from Blitz or its licensees
* the availability, quality, content or nature of the other sites on
the internet that are owned and operated by third parties
("External Sites") to which Online Service link and web site
located on or through any External Site nor for any transactions
involving External Sites (including as to 'cookies', personal data,
confidential information, or purchases of domain names or other
services). You should contact the site administrator or webmaster
for those External Sites if you have any concerns regarding such
links, web site or transactions;
* all representations, warranties, conditions and other terms which
but for this notice would have effect.
* Blitz does not warrant that the operation of the Online Service
will be uninterrupted or error free or that any error or
interruption will be corrected.
* These terms above shall not limit any rights you might have as
a consumer that may not be excluded under applicable law nor shall
it exclude or limit Blitz's liability for death or personal injury
resulting from its negligence nor any fraudulent representation.
Please note:
You use the Online Service at entirely your own risk. It is a known risk
of internet usage that people are not necessarily who they say they are.
People may provide information or behave in a way that is unreliable,
misleading, unlawful or illegal. Blitz has no way of telling if
statements made by other users are true. This is a decision that can
only be made at your discretion and the exercise of some degree of
caution is recommended. By using the Online Service and its services you
accept that this is the case and accept the risk associated with it.
Users must take particular care in relation to the disclosure of their
own personal information.
You hereby acknowledge that you have read and understand the foregoing
License Agreement and agree that the action of installing the Software
is an acknowledgement of your agreement to be bound by the terms and
conditions of this EULA contained herein. You also acknowledge and agree
that this EULA is the complete and exclusive statement of the agreement
between Blitz and you and that this EULA supersedes any prior or
contemporaneous agreement, either oral or written, and any other
communications between Blitz and you, including any inconsistent written
license agreement accompanying the Software.
Blitz may make alterations to the terms and conditions applicable to the
use of the Online Service from time to time and these variations shall
become effective immediately upon being accessible from the distributor.
Blitz may also remove or suspend access to the Online Service at any
time.
15. Online Service
* The rights granted by this EULA in relation to the Online Service
and Communications shall continue for an unlimited time unless the
Online Service ceases to be available or the EULA or your right to
use the Online Service is terminated.
* In connection with the Online Service you will be given a unique
code ("Software Key") which may be used to enable your access to
and use of the Software and Online Service and Communications.
* To enable and commence access to and use of the Online Service and
Communications please enter the Software Key when requested.
* Blitz cannot guarantee that a particular part of the Online Service
or Communications will always be available.
Privacy and Data Policy
* Blitz may ask you for certain information and you may submit
personal data to the Online Service (such as your name, email
address and contact details) when you subscribe or sign up to the
Online Service.
* You agree and acknowledge that all data submitted by you in
connection with your use of the Software will be subject to the
distributors Privacy Policy.
* Blitz may also record which parts of the Online Service you use
and as user patterns. This information will be kept securely in
accordance with an internal security policy and may be used to:
(a) Enable and process your use of the Online Service;
(b) provide you with an up to date, efficient and
reliable service;
(c) generally run the Online Service.
* By subscribing, using the Online Service and submitting your data
you agree to this use.
* Blitz may also record which parts of the Online Service users you
use and as user patterns. This information will be kept securely
in accordance with an internal security policy.
* If you believe Blitz has information about you that you do not want
Blitz to have or that is incorrect or please contact Blitz as
described below and Blitz shall correct or remove the data as you
request as soon a reasonably practicable.
* If you have any other concerns over privacy, this privacy policy or
this Online Service please contact Blitz as described below.
* The Software or Online Service may also use software which records
whether you have used the Online Service before on your computer
and other information about your use. This is used to improve the
Online Service and the services available to you. For example you
may be asked if you wish the Online Service to remember your
computer and / or your username and password. You may disable this
function by changing your login and account settings.
(c) 2009 Blitz Games Studios Limited and Atlus U.S.A., Inc.. All rights
reserved. Blitz, Blitz Games Studios and related logos are trade marks
of Blitz Games Studios Limited. Droplitz and the Droplitz logo are trade
marks of Blitz Games Studios Limited. All other trade marks and
registered trade marks are the properties of their respective owners.
Contact Information
Blitz Games Studios
Regent Square House
Leamington Spa
CV32 4NL
UK
Email: enquiries@BlitzGamesStudios.com





