Head Texture of the Month: Finish It!

TORIBASH LIMITED USE SOFTWARE LICENSE AGREEMENT

This Limited Use Software License Agreement (the "Agreement") is a legal agreement between you, the end-user, and Nabi Studios Pte Ltd ("Nabi"). By continuing the installation of this game program, by loading or running the game, or by placing or copying the game program onto your computer hard drive, you are agreeing to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, promptly remove the game program and the accompanying data files and contact Nabi for a full refund.

Nabi Studios Pte Ltd LICENSE

  1. Grant of License. Nabi grants to you the limited right to use one (1) copy of the enclosed or foregoing game program (the "Software") on a single computer. You have no ownership or proprietary rights in or to the Software or the written materials accompanying the Software. For purposes of this section, "use" means loading the Software into RAM, as well as installation on a hard disk or other storage device. The Software, together with any archive copy thereof, shall be destroyed when no longer used in accordance with this Agreement, or when the right to use the Software is terminated. You agree that you will not utilize, in any other manner, the Software in violation of any applicable law.

  2. Commercial Use is Prohibited. Under no circumstances shall you, the end-user, be permitted, allowed or authorized to commercially exploit the Software, any data comprising the Software. Neither you nor anyone at your direction shall do any of the following acts (any such acts shall be deemed void and a breach of this Agreement) with regard to the Software, or any portion thereof, such as a screen display or a screenshot:

    1. Rent the Software;

    2. Sell the Software;

    3. Lease or lend the Software;

    4. Offer the Software on a pay-per-play basis;

    5. Distribute, by electronic means or otherwise, the Software for money or any other consideration; or

    6. In any other manner and through any medium whatsoever commercially exploit the Software or use the Software for any commercial purpose.


  3. Additional Prohibited Uses. Neither you nor anyone at your direction shall take the following action in regard to the Software, or any portion thereof, such as a screen display or a screenshot:

    1. Modify, disassemble, reverse engineer or decompile the Software;

    2. Translate the Software;

    3. Reproduce the Software;

    4. Publicly display the Software;

    5. Prepare derivative works based upon the Software; or

    6. Distribute, by electronic means or otherwise, the Software.


  4. Use of Other Material is Prohibited. Use, in any manner, of the trademarks, such as Toribash(tm) logo, logos, symbols, art work, images, screen displays or screenshots, sound effects, music, and other such material contained within, generated by or relating to the Software is prohibited.

  5. Restrictions Apply to Third Parties. The prohibitions and restrictions described herein apply to anyone in possession of the Software and/or Permitted Derivative Works.

  6. Copyright. The Software and all copyrights related thereto (including all characters and other images generated by the Software or depicted in the Software) is owned by Nabi and is protected by Danish copyright laws and international treaty provisions. You must treat the Software like any other copyrighted material, except that you may either (a) make one copy of the Software solely for back-up or archival purposes, or (b) transfer the Software to a single hard disk provided you keep the original solely for back-up or archival purposes. You may not otherwise reproduce, copy or disclose to others, in whole or in any part, the Software. You may not copy the written materials accompanying the Software. You agree to use your best efforts to see that any user of the Software licensed hereunder complies with this Agreement.

  7. Exclusive Remedies. You agree that your exclusive remedy against Nabi, its affiliates, contractors, suppliers, and agents for loss or damage caused by any defect or failure in the Software regardless of the form of action, whether in contract, tort, including negligence, strict liability or otherwise, shall be the return of the purchase price paid or replacement of the Software. This Agreement shall be construed in accordance with and governed by the laws of the State of Texas. Copyright and other proprietary matters will be governed by United States laws and international treaties. IN ANY CASE, Nabi SHALL NOT BE LIABLE FOR LOSS OF DATA, LOSS OF PROFITS, LOST SAVINGS, SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR OTHER SIMILAR DAMAGES ARISING FROM BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, OR OTHER LEGAL THEORY EVEN IF Nabi OR ITS AGENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

  8. General Provisions. Neither this Agreement nor any part or portion hereof shall be assigned, sublicensed or otherwise transferred by you. Should any provision of this Agreement be held to be void, invalid, unenforceable or illegal by a court, the validity and enforceability of the other provisions shall not be affected thereby. If any provision is determined to be unenforceable, you agree to a modification of such provision to provide for enforcement of the provision's intent, to the extent permitted by applicable law. Failure of a party to enforce any provision of this Agreement shall not constitute or be construed as a waiver of such provision or of the right to enforce such provision. If you fail to comply with any terms of this Agreement, YOUR LICENSE IS AUTOMATICALLY TERMINATED.

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND THIS AGREEMENT, AND UNDERSTAND THAT BY CONTINUING THE INSTALLATION OF THE SOFTWARE, BY LOADING OR RUNNING THE SOFTWARE, OR BY PLACING OR COPYING THE SOFTWARE ONTO YOUR COMPUTER HARD DRIVE, YOU AGREE TO BE BOUND BY THIS AGREEMENT'S TERMS AND CONDITIONS. YOU FURTHER AGREE THAT, EXCEPT FOR WRITTEN SEPARATE AGREEMENTS BETWEEN Nabi AND YOU, THIS AGREEMENT IS A COMPLETE AND EXCLUSIVE STATEMENT OF THE RIGHTS AND LIABILITIES OF THE PARTIES. THIS AGREEMENT SUPERSEDES ALL PRIOR ORAL AGREEMENTS, PROPOSALS OR UNDERSTANDINGS, AND ANY OTHER COMMUNICATIONS BETWEEN Nabi AND YOU RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.