Inzerra LLC User’s Terms and Conditions
Version 1.03, last update on June 17, 2018.
PLEASE READ THE FOLLOWING USER’S TERMS AND CONDITIONS (“AGREEMENT”) BEFORE INSTALLING, WATCHING OR INTERACTING IN ANY WAY WITH APPS PROVIDED BY INZERRA LLC INCLUDING BUT NOT LIMITED TO THE BADASVLAD (THE “GAME APP”). BY INSTALLING, COPYING, WATCHING OR INTERACTING IN ANY WAY AND/OR OTHERWISE USING THE GAME APP, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT AS SET FORTH BY INZERRA LLC, AND ITS AFFILIATED COMPANIES (COLLECTIVELY, “INZERRA LLC”).
IF YOU AGREE TO THE TERMS SET FORTH IN THIS AGREEMENT, select “I AGREE” to install/continue using/interacting with the Game App and to indicate your full acceptance of these terms and your full understanding of the conditions of use of the Game App.
IF YOU DO NOT AGREE TO THE TERMS SET FORTH IN THIS AGREEMENT, select “I DISAGREE” and exit the Game App/discontinue interacting with the Game App and Inzerra LLC shall not grant to you the License (defined below) to the Game App.
LIMITED USE LICENSE
Inzerra LLC grants to you the non-exclusive, non-transferable, limited right and license to install and use one (1) copy of the Game App on one (1) computer hard drive / mobile device at any given time solely for your personal use (the “License”). All rights not specifically granted under this License are hereby reserved by Inzerra LLC and, as applicable, by its licensors. The Game App is licensed to you, not sold. This License does not give you any title or ownership in the Game App, and should not be construed as a sale or transfer of any intellectual property or other rights to the Game App.
You agree and acknowledge that all title, ownership rights, and intellectual property rights connected with the Game App and any and all copies thereof (including but not limited to any derivative works, titles, computer code, themes, objects, characters, character names, stories, dialogs, catch phrases, locations, concepts, artwork, graphics, animation, sounds, musical compositions, audio-visual effects, text, screen displays, methods of operation, moral rights, “applets” incorporated into the Game App, and any related documentation) are owned by Inzerra LLC or its licensors.
The Game App is protected by the copyright laws of the United States, international copyright treaties and conventions, United States and common law trademark laws, and other laws. All rights are reserved worldwide. The Game App contains certain materials licensed by Inzerra LLC from others, and Inzerra LLC and Inzerra LLC's licensors may protect their rights in the event of any violation of this Agreement.
LICENSE CONDITIONS AND RESTRICTIONS
You agree to only use the Game App, or any part of it, in a manner that is consistent with this License and you SHALL NOT:
(a) without written permission from Inzerra LLC, use, advertise or exploit in any manner the Game App or any of its parts commercially, including but not limited to use at a cyber (Internet) café, computer gaming center or any other location-based site;
(b) without a separate, additional license from Inzerra LLC, use the Game App or permit the use of the Game App, on more than one computer, game console, handheld device or PDA at the same time;
(c) use the Game App, or permit use of the Game App, in a network, multi-user arrangement or remote access arrangement, including any online use, except as otherwise explicitly permitted by Inzerra LLC in writing;
(d) make copies of the Game App or any part thereof, except that you may make one (1) copy of the Game App for backup or archival purposes, or make copies of the materials accompanying the Game App for non-commercial backup and reference only;
(e) sell, rent, lease, license, distribute, upload to any Internet server or web site, or otherwise transfer any portion of this Game App or any copies without the express prior written consent of Inzerra LLC. Notwithstanding the foregoing, you may permanently transfer all of your rights and obligations under the License to another person for non-commercial use by physically transferring the original Game App media (e.g., the CD-ROM or DVD you purchased), all original packaging and all manuals or other documentation distributed with the Game App; provided, however, that you permanently delete all copies and installations of the Game App in your possession or control, and that the recipient agrees to the terms of this Agreement. You shall be solely responsible for any taxes, fees, duties, withholdings, charges and assessments that may be due in connection with such transfer.
(f) reverse engineer, derive source code, modify, decompile, disassemble, or create derivative works of the Game App, in whole or in part (except as the applicable law expressly permits, in which case all and any lawful modifications, adaptations, improvements, etc., and all copyrights and morale rights therein, shall be deemed assigned to, and shall belong to, vest in and be the exclusive property of Inzerra LLC and/or its licensors on creation, in any event);
(g) remove, disable or circumvent any security protections or any technical measures that control access to the Game App;
(h) remove, modify, deface or circumvent any proprietary notices or labels contained on or within the Game App;
(i) export or re-export the Game App or any copy or adaptation in violation of any applicable laws or regulations; or
(j) create data or executable programs that mimic data or functionality in the Game App; or
(k) Use, interact in any way, watch, install the Game App if you are under the age of 18.
GAME APP UPDATES AND PATCHES
Inzerra LLC may provide updates, patches and other modifications to the Game App that must be installed for the user to continue to play the game properly or at all. Inzerra LLC may update, patch or modify the Game App remotely and access the Game App residing on your machine for such purpose, and you hereby grant to Inzerra LLC the right to deploy and apply such patches, updates and modifications. All provisions of this Agreement that refer to the “Game App” shall also include all such patches, updates and modifications.
NO REFUND POLICY
No refunds will be issued for purchased Game App, all purchases are final and not negotiable.
You are aware and agree that use of the Game App and the media on which it is recorded is at your sole risk.
THE GAME APP 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 INZERRA LLC OR ANY OF ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY.
Some states and jurisdictions do not allow the exclusion of, or limitations on, limited or implied warranties, and in such states and jurisdictions, Inzerra LLC’s and its licensors’ liability shall be limited to the maximum extent permitted by law.
LIMITATIONS ON DAMAGES
IN NO EVENT SHALL INZERRA LLC OR ITS LICENSORS BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, INTERACTION, USE OR MALFUNCTION OF THE GAME APP, 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 GAME APP, OR PERSONAL INJURIES, EVEN IF INZERRA LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. FURTHERMORE, IN NO EVENT SHALL INZERRA LLC 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. INZERRA LLC'S TOTAL LIABILITY IN ALL CASES SHALL NOT EXCEED THE ACTUAL PRICE PAID FOR THE GAME APP. THE FOREGOING APPLIES EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
TERM AND TERMINATION
Without prejudice to any other rights of Inzerra LLC, the License shall remain in effect for as long as you use, operate or run the Game. 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 Game App. You may also terminate the License at any time by destroying the Game App and uninstalling it from your computer(s) or other applicable hardware. The Sections entitled “Ownership,” “License Conditions and Restrictions,” “Limitations on Damages,” “Term and Termination,” “No Refund Policy,” “Indemnity,” “Choice of Law and Jurisdiction,” and “Miscellaneous” shall survive any termination of this License.
You agree to indemnify, defend and hold harmless Inzerra LLC, its partners, members, affiliates, contractors, licensors, officers, directors, employees and agents from all claims, damages, costs and expenses (including reasonable legal fees) arising directly or indirectly from your acts or omissions in connection with using, interacting and/or watching any parts of the Game App or any breach by you of the terms of this Agreement.
You fully understand and agree that the Game App depicts entirely fictional situations which are the products of the human imagination. Further, you fully understand and agree that the Game App is not intended to describe, imply, endorse in any way or suggest any affiliation between any characters, persons, entities, countries, governments, nations, cultures and/or any items, shown and/or referenced in the Game App. Any resemblance to real characters and objects is purely coincidental.
CHOICE OF LAW AND JURISDICTION
THIS AGREEMENT, AND THE RIGHTS AND OBLIGATIONS OF YOU AND INZERRA LLC CONCERNING THE GAME APP, SHALL BE CONSTRUED AND ENFORCED UNDER TEXAS LAW AS SUCH LAW IS APPLIED TO AGREEMENTS WITHOUT REGARD TO TEXAS’S CONFLICTS OF LAW PRINCIPLES. TO THE EXTENT ANY CLAIMS ARE GOVERNED BY FEDERAL LAW, SUCH FEDERAL LAW ALSO SHALL BE APPLICABLE. YOU AND INZERRA LLC CONSENT TO THE EXCLUSIVE PERSONAL JURISDICTION OF THE STATE AND FEDERAL COURTS LOCATED IN HOUSTON, TEXAS, IN CONNECTION WITH ANY CLAIM OR DISPUTE CONCERNING THIS AGREEMENT OR THE GAME APP, AND YOU AND INZERRA LLC WAIVE ANY OBJECTION BASED ON THE VENUE OR INCONVENIENCE OF SUCH FORUM. IF YOU ARE FROM OUTSIDE THE UNITED STATES, THE APPLICATION OF THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY EXCLUDED.
Inzerra LLC reserves the right to amend this Agreement at any time, at its sole discretion, but will post such changes online and may not communicate such changes. If any such future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you may terminate this Agreement in accordance with the above Termination provisions. Your installation and use of any updates or modifications to the Game App or your continued use of the Game App following notice of changes to this Agreement will constitute your acceptance of any and all such changes to the terms of this Agreement.
This Agreement represents the complete agreement between you and Inzerra LLC concerning the License and your rights to use the Game App, and supersedes all prior agreements and representations, warranties or understandings between you and Inzerra LLC (whether negligently or innocently made but excluding those made fraudulently), regarding the same subject matter. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and the remaining provisions of this Agreement shall remain in full force and not be affected.