This End User License Agreement is a legal agreement between Monster Games, Inc. (hereinafter, “MGI”, “we”, “us”) and you (as an individual or a single entity). Please read the following terms and conditions carefully before using any MGI Products or Services. Your use, distribution or installation of any MGI Products and Services indicates your acceptance of this License.
“MGI Products or Services” here means software, applications, image files, all accompanying files, data and materials received with your order of an MGI video game. If you do not agree to any of the terms of this License, then do not install, distribute or use any MGI Products or Services.
MGI Products and Services are for personal use only. These Products and Services are licensed to you (not sold) for use on a single device. Optionally, you may install the software on a server or portable storage device for use on multiple devices, but the same license may not be shared or used concurrently on multiple devices. All components accompanying the software are copyrighted by MGI and/or our partners and may not be taken apart, modified, used or published with other software or means and may not be distributed or copied in any manner.
This MGI Product or Service, and all accompanying files, data and materials are distributed “AS IS” and with no warranties of any kind, whether express or implied, including fitness of purpose, or not meeting of expectations or needs in the mind of the buyer. The user must assume all risk of using the program. This disclaimer of warranty constitutes an essential part of the agreement.
No liability for consequential damages. In no event shall MGI, or its principals, shareholders, officers, employees, affiliates, licensors, contractors, subsidiaries, or parent organizations, be liable for any incidental, consequential, punitive or any other damages whatsoever relating to the use of an MGI Product or Service.
In addition, in no event does MGI authorize you to use this software product in applications or systems where it’s failure to perform can reasonably be expected to result in a physical injury, or in loss of life. Any such use by you is entirely at your own risk, and you agree to hold MGI harmless from any claims or losses relating to such unauthorized use.
This Agreement constitutes the entire statement of the Agreement between the parties on the subject matter, and merges and supersedes all other or prior understandings, purchase orders, agreements and arrangements. This Agreement shall be governed by the laws of the State of Minnesota and the United States.
As the owner of the copyright of this software product, all of its derivatives, title and accompanying materials are the exclusive property of MGI. All rights of any kind, which are not expressly granted in this License, are entirely and exclusively reserved to and by MGI. You may not rent, lease, transfer, modify, translate, reverse engineer, de-compile, disassemble or create derivative works based on this MGI Product or Service. You may not make access to MGI Products or Services available to others in connection with a service bureau, application service provider, or similar business, or use MGI Products and Services in a business to provide file compression, decompression, or conversion services to others. There are no third party beneficiaries of any promises, obligations or representations made by MGI herein.
MGI may terminate this EULA at any time if you fail to comply with the terms and conditions of this agreement. In the event this agreement is terminated, you must immediately destroy all copies of MGI Products and Services, and all component parts.
All MGI Products and Services may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any Federal, State or City law is strictly prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. You agree to indemnify and hold MGI harmless from any claims resulting from the use of this MGI Product or Service, which may damage any other party.