SKYWEAVER & ARCADEUM GAMING PLATFORM TERMS AND CONDITIONS
IMPORTANT- PLEASE READ BEFORE PLAYING SKYWEAVER OR USING THE ARCADEUM GAMING PLATFORM
These terms govern your use of the SkyWeaver video game and the Arcadeum platform that powers SkyWeaver, including related trademarks, software code, and other intellectual property (all collectively referred to in these terms as the “Arcadeum Gaming Platform”). By using the Arcadeum Gaming Platform, you indicate your acceptance of these terms, which constitute the agreement (the “Agreement”) between you and Horizon Blockchain Games (“Horizon”). In the event that you do not agree with any of these terms and conditions, do not use or install any components of the Arcadeum Gaming Platform and delete it from any devices on which it may have been installed. If you are employed by a company or other form of enterprise carrying out a trial of the Arcadeum Gaming Platform, by entering into these terms and conditions you are binding your employer.
1. TRIAL PRODUCT. For the purposes of this trial, you acknowledge that the Arcadeum Gaming Platform will have limited functionality, is still under development by Horizon, may not be fully tested, and may contain bugs or errors. Accordingly, the Arcadeum Gaming Platform may not be suitable for commercial release in its current state.
2. SCOPE OF USE. Horizon grants to you, during the Term, a non-exclusive, non- transferable, limited license to use the software included with the Arcadeum Gaming Platform solely for the purpose of evaluating the Arcadeum Gaming Platform. You may not use the Arcadeum Gaming Platform for any other purpose. Any third party software included with the Arcadeum Gaming Platform will be governed by the terms of this Agreement. You may not separate any embedded software from the Arcadeum Gaming Platform. Except as expressly permitted in this Agreement, you may not, nor may you assist any other person or entity to, transfer, modify, distribute, assign, use or sublicense the Arcadeum Gaming Platform or any component of the Arcadeum Gaming Platform, or access, translate, convert to another programming language, decompile, reverse engineer or disassemble any portion of the software, or otherwise attempt to derive source code of any software included with or related to the Arcadeum Gaming Platform provided in non-human readable form.
3. OWNERSHIP. All right, title and interest in the intellectual property embodied in the Arcadeum Gaming Platform, and any accompanying materials, are owned by Horizon or its suppliers and licensors and may be protected by copyright, trademark, patent, trade secret law and international treaties. Any rights, express or implied, in the intellectual property embodied in the foregoing, other than those specified in this Agreement, are reserved by Horizon and its suppliers and licensors. You will not remove any proprietary notices from the Arcadeum Gaming Platform and accompanying materials, if any, without the prior written approval of Horizon.
4. FEEDBACK. Any evaluations, suggestions or recommended improvements, performance-related data collected by Horizon, and all inventions, improvements, modifications, derivations or developments related to the Arcadeum Gaming Platform conceived or made by Horizon during or subsequent to this Agreement, including those inventions, product improvements, modifications, derivations or developments that may be based on feedback, suggestions or recommended improvements from you, will be the exclusive property of Horizon and its licensors and will be Horizon Confidential Information, and Horizon and its licensors will have exclusive rights to all patents, copyrights, property rights, title and interest in such inventions, improvements, modifications, derivations or developments related to the Arcadeum Gaming Platform. Horizon will be entitled to distribute, publish and otherwise use such test results, feedback, suggestions, recommendations, and data in its sole discretion.
5. EXCLUSION OF WARRANTIES. THE ARCADEUM GAMING PLATFORM IS PROVIDED “AS IS” AND HORIZON DISCLAIMS ANY AND ALL WARRANTIES, CONDITIONS AND GUARANTEES, EXPRESS, IMPLIED OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES OR CONDITIONS ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. HORIZON DOES NOT WARRANT OR ASSUME RESPONSIBILITY FOR THE ACCURACY OR COMPLETENESS OF ANY INFORMATION, TEXT, VIDEO STREAM, PHOTOS, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED OR ACCESSED WITHIN THE ARCADEUM GAMING PLATFORM. YOU ASSUME ALL LIABILITY ASSOCIATED WITH THE USE OF THE ARCADEUM GAMING PLATFORM. HORIZON IS NOT RESPONSIBLE FOR ANY DEFECTS OR DAMAGE TO THE ARCADEUM GAMING PLATFORM RESULTING FROM YOUR USE, MISHANDLING, ABUSE, MISUSE OR ACCIDENT. HORIZON MAKES NO REPRESENTATION OR WARRANTY THAT YOUR USE OF THE ARCADEUM GAMING PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE.
6. LIMITATION OF LIABILITY. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT TO THE CONTRARY AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND REGARDLESS OF THE FORM OF CLAIM, WHETHER IN CONTRACT OR IN TORT OR WHETHER FROM BREACH OF THIS AGREEMENT, IRRESPECTIVE OF WHETHER HORIZON HAS BEEN ADVISED OR SHOULD BE AWARE OF THE POSSIBILITY OF SUCH DAMAGE, IN NO EVENT WILL THE MEASURE OF DAMAGES RECOVERABLE BY YOU OR ANY OTHER PERSON AGAINST HORIZON FOR ANY ACT OR OMISSION OF HORIZON INCLUDE ANY AMOUNTS FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY LOSSES OR DAMAGES OF ANY PERSON, OR FOR DAMAGES THAT COULD HAVE BEEN AVOIDED BY HORIZON USING REASONABLE DILIGENCE, AND IN NO EVENT WILL YOU OR ANY OTHER PERSON RECOVER ANY DAMAGES FOR NEGLIGENCE. YOU FURTHER AGREE THAT, UNDER NO CIRCUMSTANCES WILL HORIZON’S TOTAL AGGREGATE LIABILITY TO YOU OR ANY OTHER PERSON EXCEED $100. IN THIS SECTION, “HORIZON” INCLUDES HORIZON AND ITS AFFILIATES AND THEIR RESPECTIVE PAST, PRESENT AND FUTURE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUBCONTRACTORS, SUCCESSORS, PERMITTED ASSIGNS AND RELATED PERSONS.
You acknowledge that these provisions reflect a fair allocation of risk and form an essential basis of the bargain and will survive and continue in full force and effect despite any failure of consideration or of an exclusive remedy. The laws of certain jurisdictions (including Quebec) may provide you with additional rights.
7. TERMINATION. The term of this Agreement will continue until terminated in accordance with this Agreement (the “Term”). Horizon may terminate this Agreement at any time upon written notice. Upon termination of this Agreement, you will immediately delete all local components of the Arcadeum Gaming Platform from your devices, cease using the Arcadeum Gaming Platform, and delete and destroy all Horizon Confidential Information.
8. APPLICABLE LAW. Claims arising under this Agreement will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, excluding any principles of conflict of laws and the United Nations Convention on Contracts for the Sale of Goods. Any lawsuits in connection with this Agreement will be initiated in Toronto, Ontario, Canada, and you irrevocably attorn to the exclusive personal jurisdiction and venue of the courts sitting therein.
9. ASSIGNMENT. Neither this Agreement nor any rights or obligations hereunder may be assigned or delegated (whether by operation of law or otherwise) by you without Horizon’s prior written consent. Horizon may assign this Agreement, and delegate or subcontract any rights or obligations hereunder, in its sole discretion.
10. WAIVER AND AMENDMENT. No failure or delay in exercising any right, power or remedy under this Agreement will operate as a waiver of any such right, power or remedy. Horizon may amend this Agreement upon notice to you, and your continued use of the Arcadeum Gaming Platform constitutes your acceptance of such amendment. No other modification, amendment or waiver of any provision of this Agreement will be effective unless in writing and signed by an officer of Horizon.
11. SEVERABILITY. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of this Agreement will remain in full force and effect.