8/29/12G

END  USER  LICENSING  AGREEMENT  (EULA)

ADVANCED TRAINING  &  LEARNING  TECHNOLOGY,  LLC          

This is the End User Licensing Agreement (EULA) of Advanced Training & Learning Technology, LLC (hereinafter AT&LT) for the AT&LT Software Product entitled The Lost Function Episode 1 – Sum of the Forgotten Minds.

 

Important: Please read the terms and conditions of this License Agreement carefully before continuing with this program installation.  AT&LT’s End-User License Agreement (EULA) is a legal agreement between you (the licensee) as an individual (or single individual entity) and AT&LT for the AT&LT Software Product identified above, which may include associated software components, media, printed materials, and “online” or electronic documentation (Software Product).  By installing, copying, or otherwise using the Software Product, you (the licensee) agree to be bound by the terms of this EULA.  This license agreement represents the entire agreement concerning the program between you (the licensee) and AT&LT (also referred-to as “licensor”), and it supersedes any prior proposal, representation, or understanding between the parties.  If you (the licensee) do not agree to the terms of this EULA, do not install or use the Software Product.

 

The Software Product is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.  The Software Product is licensed, not sold.  AT&LT offers licenses to customers and prospective customers of its Software Products if such customers or prospective customers are aged eighteen (18) or over; AT&LT does not offer licenses to customers or prospective customers under the age of eighteen (18), although parents or legal guardians may purchase licenses for use by their children who are under the age of eighteen.

 

AT&LT abides by The Children’s Online Privacy Act of 1998 (COPPA). IF YOU ARE A PARENT OR GUARDIAN AND YOU PROVIDE CONSENT FOR YOUR CHILD TO REGISTER WITH AT&LT, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE IN RESPECT OF SUCH CHILD’S USE OF THE SERVICE.

 

1. GRANT OF LICENSE. 

The Software Product is licensed as follows:

(a) Installation and Use.

PROPER OPERATION OF THE WITHIN DESCRIBED SERVICE REQUIRES THAT TO USE THE SOFTWARE PRODUCT (TO PLAY THE GAME), THE COMPUTER ON WHICH THE SOFTWARE PRODUCT IS HOSTED MUST BE CONNECTED TO THE INTERNET FOR LICENSE VALIDATION THE FIRST TIME THE GAME IS STARTED. THEREAFTER THE GAME MAY BE PLAYED WHILE DISCONNECTED FROM THE INTERNET FOR UP TO TWO HOURS AFTER WHICH TIME TO PLAY THE GAME IT MUST BE RECONNECTED TO THE INTERNET TO SAVE GAME DATA AND TO REVALIDATE THE SOFTWARE PRODUCT LICENCE.  AT&LT grants the licensee a limited license to the right to install and use copies of the Software Product on the licensee’s computers running a validly licensed copy of an operating system for which the Software Product is capable of running without negatively affecting the Software Product or its use. The license will expire 12 months after its issue date.  Upon expiration of such 12 months, upon the licensee’s request the license may be renewed for an additional 12 month period at a price for the additional 12 month period of 50% of the price paid for the original 12 month license.

(b) Backup Copies.

The licensee may also make a copy of the Software Product as may be necessary for the licensee’s archival purposes.

(c) Copies.

Aside from the archival copy mentioned above, AT&LT does not grant to the licensee, or to anyone else, the right to copy the Software and/or content, and AT&LT specifically forbids any such copying.

(d) Restrictions.   The licensee need not always use the same computer; that is, the licensee may install and use the Software Product on more than one computer provided that such installation and use is restricted to one computer at a time. If a licensee holds multiple, valid licenses, such licensee may not use, copy, or install the Software Product on any system having more than the number of computers permitted by such licenses, or permit the use, copying, or installation by more users, or on more computers than the number permitted by such licenses. Neither a licensee, nor anyone using the licensee’s license, may hack, misuse, or disable the servers of AT&LT or the software associated with the servers or with the Software Product.

 

2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.

(a) Eligibility; Accounts

The Service is not available to (A) any Users previously suspended or removed from the Service by AT&LT, or (B) ANY PERSONS UNDER THE AGE OF 13 WHOSE REGISTRATION HAS NOT BEEN APPROVED BY SUCH PERSON’S PARENT OR LEGAL GUARDIAN.  By using or registering an account on the AT&LT website for the above mentioned software product, you represent that you have not been previously suspended or removed from the Service by AT&LT, and that you are either (i) at least 13 years of age, or (ii) your parent or legal guardian has consented to your use of the Service.

2.1 Child Account.

If you are a prospective User of the Service who is under the age of 13, you may not use or register an account without consent and approval from your parent or legal guardian. Notwithstanding, a child may use the Service if registered through certain educational organizations that have entered into a relationship directly with AT&LT and through which educational organization the parent or legal guardian of such child has consented to use of the Service.

2.2 Parental Consent for Child Accounts.

If you are at least 18 years of age and you are the parent or legal guardian of a child who seeks to register as a child of the Service, you may register an account for the child on the Website.  A parent or legal guardian may create and register one or more child accounts on the Service. A parent or legal guardian may not register, approve or manage a child account for any User other than the parent or legal guardian’s own children.  A parent account, along with all associated child accounts, may be terminated by AT&LT at any time and without warning for any failure to abide by these Terms.  IF YOU REGISTER, OR APPROVE THE REGISTRATION OF, ANY CHILD, YOU AGREE AND ACKNOWLEDGE THAT YOU ARE SUCH CHILD’S PARENT OR LEGAL GUARDIAN AND THAT YOU AGREE TO BE BOUND BY THE WITHIN TERMS ON BEHALF OF SUCH CHILD, INCLUDING WITHOUT LIMITATION, BEING LIABLE FOR ALL USE OF THE SERVICE BY THE CHILD. You acknowledge that AT&LT may choose, but is not obligated, to make any inquiries, either directly or through third parties, that AT&LT deems necessary to validate your registration information, including without limitation engaging third parties to provide verification services.  AT&LT reserves all rights to initiate legal actions against anyone who misrepresents personal information or is otherwise untruthful about their identity. Notwithstanding the foregoing, you acknowledge that AT&LT cannot guarantee the accuracy of any information submitted by any User and AT&LT is not obligated to verify the identity of any User, including any User’s claim to be a parent or legal guardian.

(b) Maintenance of Copyright Notices.

No one may remove or alter any copyright notices on any or all copies of the Software Product.

(c) Distribution.

The licensee may not distribute copies of the Software Product to third parties unless the licensee has received direct and specific approval from AT&LT to do so.

(d) Prohibition on Reverse Engineering, Decompilation, and Disassembly.

Neither the licensee nor anyone else may reverse engineer, decompile, or disassemble the Software Product, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

(e) Rental.

The licensee may not rent, lease, or lend the Software Product.

(f) Support Services.

AT&LT may, at its discretion, provide support services related to the Software Product (“Support Services”).  Any supplemental code provided as part of the Support Services shall be considered part of the Software Product and subject to the terms and conditions of this EULA.

(g) Compliance with Applicable Laws.

The licensee and anyone using the licensee’s license  must comply with all applicable laws regarding use of the Software Product. The licensee must keep his/her account secure, and must choose a secure password, and should not reveal his/her password to anyone else.

 

3. TERMINATION.

Without prejudice to any other rights, AT&LT may terminate this EULA if the licensee or anyone using the licensee’s license fails to comply with the terms and conditions of this EULA at any time.  In such event, the licensee must immediately destroy all copies of the Software Product in the licensee’s possession and certify to AT&LT that the licensee has done so.  In particular, unless the licensee has received direct and specific approval from AT&LT to do so, the licensee may not intentionally transfer the Software Product to any third party.  Furthermore the licensee through gross negligence may not transfer the Software Product to any third party; and it is agreed that should the licensee do so then the licensee shall be liable to AT&LT for the price of licenses for all those who directly or indirectly receive the Software Product as a result of the licensee’s intentional or grossly negligent transfer.  Should the licensee, without intention or gross negligence, transfer the Software Product to another, the licensee agrees that the licensee will immediately report the matter to AT&LT and will assist AT&LT in retrieving such Software Product from such transferee.

 

4. COPYRIGHT.

All title, including but not limited to copyrights, in and to the Software Product, and any copies thereof, are owned by AT&LT or its suppliers.  All title and intellectual property rights in and to the content which may be accessed through use of the Software Product is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties.  This EULA grants no rights to such content.  All rights not expressly granted are reserved by AT&LT.

 

5. NO WARRANTIES.

AT&LT expressly disclaims any warranty for the Software Product.  The Software Product is provided “As-Is” without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, noninfringement, or fitness of a particular purpose. AT&LT does not warrant or assume responsibility for the accuracy or completeness of any information, test, graphics, links or other items contained within the Software Product.  Although the Software Product may be intended as a learning aid, AT&LT does not warrant that the user will actually learn the Software Product’s material through use of the Software Product.  AT&LT makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program.  AT&LT further expressly disclaims any warranty or representation to authorized users or to any third party. AT&LT may modify its Service at will and may make changes to this EULA.

 

6. LIMITATION OF LIABILITY.

In no event shall AT&LT be liable for any damages (including without limitation, lost profits, business interruption, or lost information) rising out of use of, or inability to use, the Software Product, even if AT&LT has been advised of the possibility of such damages.  In no event will AT&LT be liable for loss of data or for indirect, special, incidental, consequential (including lost profit), or other damages based in contract, tort or otherwise.  AT&LT shall have no liability with respect to the content of the Software Product or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights and publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information.  AT&LT will not be liable for any harm to an individual’s hardware.  AT&LT makes no warranty that the Software Product will meet the licensee’s requirements or operate under the licensee’s specific conditions of use.  AT&LT makes no warranty that operation of the Software Product will be secure, error free, or free from interruption. The licensee must determine whether the software product sufficiently meets the licensee’s requirements for security and uninterruptability.  The licensee bears sole responsibility and all liability for any loss incurred due to failure of the Software Product to meet the licensee’s requirements.  AT&LT will not, under any circumstances, be responsible or liable for the loss of data or for any computer or information storage device.   Notwithstanding the foregoing, any award of damages for any reason against AT&LT shall be limited to the price paid to AT&LT by the licensee for its license.

 

7. CHOICE OF LAW.

All court actions under this EULA will be governed by the law of Virginia and held in a Virginia Court sitting in Norfolk, Virginia,  and shall be construed and interpreted in accordance with the laws of the State of Virginia.

 

8. SEVERABILITY.

The finding by a court of competent jurisdiction of the unenforceability, invalidity or illegality of any provision of this Agreement shall not render any other provision of this Agreement unenforceable, invalid or illegal.

 

9. LITIGATION COSTS.

 

The prevailing party in any lawsuit shall be entitled to an award of court costs; however, each party shall be responsible for its own attorney’s fees.

 

10. ARBITRATION.

Injunctive actions may be pursued through litigation in court.  Other than that, any and all disputes of any nature whatsoever arising from this Agreement shall be resolved by confidential, final and binding arbitration (rather than trial by jury or court or resolution in some other forum) to the fullest extent permitted by law.  Any unresolved dispute arising under the terms of this Agreement shall be decided by arbitration conducted through the services of the American Arbitration Association (hereinafter the “AAA”).  Notice of demand for an arbitration hearing shall be in writing and properly served upon the parties to this Agreement.  Arbitration hearings shall be held in the state of Virginia at a location in Norfolk mutually agreeable to the parties.  Standard AAA procedures shall govern the proceedings.   All costs of the Arbitration and the AAA shall be borne equally by both parties to this agreement, regardless of the final decision; however, for attorneys services associated with such arbitration, each party shall be responsible for its own attorneys fees

 

11. NOTICES.

All questions, notices, demands, or requests to AT&LT with respect to this Agreement shall be made in writing to: AT&LT, LLC, 4445 Corporation Lane, Suite 207, Virginia Beach, VA 23462.  All notices to the licensee shall be made by posting the notice on the AT&LT website.

 

12. PRIVACY POLICY.

AT&LT’s Privacy Policy may be found in AT&LT’s web site.   It is highlighted here that during use of the Software Product anonymous data will be uploaded to determine that the license being used is valid and, further, during use of the Software Product (i.e. “playing” the game) game-play data will be uploaded to use to assess user performance and to analyze game effectiveness.  The data uploaded to the AT&LT server is only associated with the license purchased by the licensee and is not associated with any personal information other than the email address of the licensee who is at least 18 years of age or is the designated point of contact for a license in the case when the licensee is a school or school system. The data may be analyzed by AT&LT technical personal to analyze and assess system performance of Software Product and its associated network, and server architecture. The derived system performance information will only be used by AT&LT personnel.

 

13. ACCEPTANCE. BY CLICKING “DOWNLOAD” BUTTON, YOU AGREE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND THAT YOU WILL BE BOUND BY AND COMPLY WITH IT. DO NOT CLICK THE “DOWNLOAD” BUTTON IF YOU DO NOT AGREE TO THIS AGREEMENT.