IMPORTANT: PLEASE READ THIS END USER LICENSE AGREEMENT (“Agreement”) BEFORE INSTALLING OR OTHERWISE USING THE SOFTWARE. BY INSTALLING OR OTHERWISE USING THE SOFTWARE YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, WHICH WILL THEN BE A LEGALLY BINDING CONTRACT BETWEEN SOUTHPEAK INTERACTIVE, LLC ("SouthPeak") AND YOU.
The term "Software" as used in this Agreement means the game to be installed on your personal computer, and any printed materials, online or electronic documentation, together with any updates subsequently supplied by SouthPeak. The Software contains proprietary information and trade secrets of SouthPeak and are protected by copyright, trademark and other laws and your rights are subject to those laws.
Subject to this Agreement and its terms and conditions, SouthPeak hereby grants you the nonexclusive, non-transferable, limited right and license to use one copy of the Software for your personal non-commercial use on a single computer or gaming unit. Your acquired rights are subject to your compliance with this Agreement. The Software is being licensed to you and you hereby acknowledge that no title or ownership in the Software is being transferred or assigned and this Agreement should not be construed as a sale of any rights in the Software. The Software may not be copied, reproduced or distributed in any manner or medium, in whole or in part, without prior written consent from SouthPeak. All rights not specifically granted under this Agreement are reserved by SouthPeak and, as applicable, its licensors.
You may not:
This Agreement is effective from the day you install the Software. Your license continues for the shorter of: fifty years, or the duration of copyright protection for the Software, unless terminated earlier by SouthPeak.
If you breach this Agreement, SouthPeak can terminate this license without notice to you. In that event, you will be required to permanently delete the Software and any copies of same from your computer or gaming machine and SouthPeak can also enforce its other legal rights against you.
The Software may require an internet connection to access internet-based features, authenticate the Software, or perform other functions. If you do not maintain such a connection, then certain features of the Software may not operate or may cease to function properly, either in whole or in part.
SouthPeak does not own or control the website from which you purchased the Software. Thus SouthPeak is not in any way responsible and may not be held liable for the privacy practices of any third party website you visit. SouthPeak encourages you to read the legal notices and privacy policies of each and every website you visit.
This Agreement represents the entire and only agreement between SouthPeak and you regarding the Software and supersedes any prior purchase orders, communications, advertising, or other representations except for SouthPeak's Limited Warranty.
SouthPeak warrants to you (if you are the initial and original purchaser of the Software) that the Software is free from defects in material and workmanship under normal use and service for 90 days from the date of purchase. SouthPeak warrants to you that this Software is compatible with a personal computer meeting the minimum system requirements listed in the software documentation included in the installation package; however, SouthPeak does not warrant the performance of this Software on your specific computer or gaming unit. SouthPeak does not warrant against interference with your enjoyment of the Software; that the Software will meet your requirements; that operation of the Software will be uninterrupted or error-free, or that the Software will be compatible with third party software or hardware or that any errors in the Software will be corrected.
If for any reason you find a defect in the Software during the warranty period, SouthPeak agrees to replace, free of charge, the Software as long as the Software is currently being manufactured by SouthPeak. If the Software is no longer available, SouthPeak retains the right to substitute a similar piece of Software of equal or greater value. This warranty shall not be applicable and shall be void if the defect has arisen through abuse, mistreatment or neglect. Any implied warranties prescribed by statute are expressly limited to the 90 day period described above.
Except as set forth above, this warranty is in lieu of all other warranties, whether oral or written, express or implied, including any other warranty of merchantability, fitness for a particular purpose or non-infringement, and no other representations or warranties of any kind shall be binding on SouthPeak.
IN NO EVENT WILL SOUTHPEAK BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, USE OR MALFUNCTION OF THE SOFTWARE, INCLUDING BUT NOT LIMITED TO, DAMAGES TO PROPERTY, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, PROPERTY DAMAGE, LOST PROFITS OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SOFTWARE, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE, WHETHER OR NOT SOUTHPEAK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL SOUTHPEAK’S LIABILITY FOR ALL DAMAGES (EXCEPT AS REQUIRED BY APPLICABLE LAW) EXCEED THE ACTUAL PRICE PAID BY YOU FOR USE OF THE SOFTWARE.
You agree to indemnify, defend and hold SouthPeak, its partners, licensors, affiliates, contractors, officers, directors, employees and agents harmless from all damages, losses and expenses arising directly or indirectly from your acts and omissions to act in using the Software pursuant to the terms of the Agreement.
Governing Law and Exclusive Jurisdiction: This Agreement shall be governed by the laws the State of Virginia, U.S.A, and applicable federal law, provided that the choice-of-law provisions of Virginia law and federal law shall not be applied to substitute the law of any other State or nation. Unless expressly waived by SouthPeak in writing, the sole and exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the state and federal courts located in SouthPeak’s principal corporate place of business (Midlothian, Virginia). Both parties consent to the jurisdiction of such courts and agree that process may be served in the manner provided herein for giving of notices or otherwise as allowed by Virginia state or federal law. If any litigation is brought by SouthPeak or you in connection with this Agreement, the prevailing party shall be entitled to recover from the other party all of such prevailing party's costs, attorneys' fees and other expenses incurred in such litigation.
This Agreement may only be modified in a written amendment signed by an authorized SouthPeak officer. If any provision of this Agreement is held to be unlawful, void, or for any reason unenforceable, it shall be deemed severable from, and shall in no way affect the validity or enforceability of, the remaining provisions of this agreement.
By installing or otherwise using the Software, you acknowledge that you have read, and agreed to be bound by, every provision of this Agreement. If you have any questions regarding this Agreement please feel free to write SouthPeak at 2900 Polo Parkway, Ste. 104, Midlothian, Virginia 23113.