SOFTWARE END USER LICENSE AGREEMENT
END-USER LICENSE AGREEMENT FOR MYSTICA LLC/CHRONICLES OF MYSTICA/MYSTICA BRAND
IMPORTANT PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE CONTINUING WITH THIS PROGRAM INSTALL: MYSTICA LLC End-User License Agreement (“EULA”) is a legal agreement between you (either an individual or a single entity) and MYSTIC LLC, owner and operator of “The Chronicles Of Mystica” and all affiliated content for the software product(s) identified above which include all associated software components, stories, characters, media, artwork, printed materials, and “online” or electronic documentation. By purchasing, acquiring, installing, possessing, or otherwise using the “Mystica” or derivative products, you agree to be bound by the terms of this EULA. This license agreement represents the entire agreement concerning the program between you and Mystica LLC, (referred to as “licenser”), and it supersedes any prior proposal, representation, or understanding between the parties. If you do not agree to the terms of this EULA, do not install or use MYSTICA LLC/CHRONICLES OF MYSTICA/MYSTICA BRAND products.
The Chronicles Of Mystica or “Mystica” is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The product is licensed, not sold.
If you download or use the Software, you will be bound by the terms of this Agreement. If you do not or cannot agree to the terms of this Agreement, do not attempt to download or use the Software.
1. GRANT OF LICENSE.
The Chronicles Of Mystica assets are licensed as follows:
(a) Installation and Use.
Mystica LLC grants you the right to install and use the Mystica Brand Products, as intended, on your computer running a validly licensed copy of the virtual software for which the Mystica Product was designed [e.g.Second Life.].
(b) The acquisition, sale or trade of “Mystics” in a Secondary Market is fully permissible, with the understanding that Mystica LLC maintains no jurisdiction or control of third party acquisitions, sales or trades that take place. Mystica LLC foregoes any obligations or liability for products sold or acquired outside Official Premises (mysticasl.com, or officially declared virtual merchant, store or vendor.)
(c) Transfer of license to other persons via trade, sale or gift.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
(a) Maintenance of Copyright Notices and EULA
You must not alter any copyright notices or EULA’s on any of Mystica LLC/Mystica Brand products.
You may sell and trade your “Mystics” without requirement of consent but altering or “tampering” with the virtual function or appearance is prohibited. All Mystica are sold “as-is” and with no guarantees.
(c) Non transferrable, non-tangible assets that are NOT distributable or passable between players include “experience points,” leaderboard ranks or applied titles or any text or graphical including but not limited to achievements or badges or other implementation that directly impacts or represents an individual player status within the game.
(d) Prohibition on Reverse Engineering, Decompilation, and Disassembly.
You may not reverse engineer, decompile, or disassemble the “Mystic,” or any Chronicles Of Mystica/Mystica LLC product.
(e) Support Services.
Mystica LLC may provide you with support services related to the Mystica Brand products. Any supplemental software code or provision provided to you as part of the Support Services shall be considered part of the Mystica LLC/Mystica Brand and subject to the terms and conditions of this EULA.
(f) The use of food for sustainability of “Mystica” and dependency products affecting the behavior of “Mystica” cannot be passed between players and are sold exclusively by Mystica LLC on behalf of The Chronicles of Mystica Brand.
(g) Compliance with Applicable Laws.
You must comply with all applicable laws regarding use of the Mystica LLC/Chronicles Of Mystica Brand intellectual properties and copyright ownerships.
(h) Participating in, by direct purchase or third party, or owning a Mystica Brand product does not infer or express ownership in part or in whole to Mystica LLC or the Mystica Brand.
RESERVATION OF RIGHTS; NO REVERSE ENGINEERING, DECOMPILATION OR DISASSEMBLY
You may not copy, modify, reverse engineer, decompile, or disassemble the Software, whether in whole or in part, create any derivative works from or of the Software, or combine the Software with other products. You may not separate any individual component of the Software or repurpose any portion of it, and may not sell, rent, lease, lend, distribute or sublicense or otherwise assign any rights to the Software in whole or in part beyond the terms of this License. All rights not expressly granted to you are reserved by Mystica LLC.
NO ILLEGAL USE
The Software may be used only for lawful purposes and in a lawful manner, and you agree to comply with all applicable laws and regulations. Mystica LLC may investigate any reported violation of its policies and take any action it deems appropriate, including terminating your license to use the Software without notice. You must use authorized Governing Software to install and play Mystics or use Mystica Brand Products. Such authorized software, or “Viewers” used to connect to the platform of Second Life owned and operated independently by Linden Lab Inc can be found here: http://wiki.secondlife.com/wiki/Third_Party_Viewer_Directory
NOTE: We do not control, maintain, moderate, contribute to, or benefit from any Viewer, including the official Second Life Viewer and do not accept responsibility for any consequences, such as viruses, spyware, losses of product, data, profit, or exposure of personal, financial or otherwise sensitive information as a result of Viewer download and usage. These entities operate independently and MYSTICA LLC neither endorses, verifies the authenticity of or offers technical support for any third party software used to access the platform, Second Life, on which MYSTICA LLC conducts business.
The Software is the exclusive property of Mystica LLC and is protected by U.S. and international copyright laws. All content included on the Software, such as text, graphics, logos, characters, button icons, stories and images, is the property of Mystica LLC or our content suppliers and licensors, and is separately and in the aggregate protected by United States and international copyright laws.
MYSTICA LLC, THE CHRONICLES OF MYSTICA logo and other marks (Digital or Physical) indicated on the Software or herein are trademarks of Mystica LLC or its affiliates in the United States and other countries. Other Mystica LLC graphics, logos, characters, button icons, characters, scripts, stories and service names are trademarks or trade dress of Mystica LLC or its affiliates. Mystica LLC’s trademarks and trade dress may not be used in connection with any product or service that is not Mystica LLC’s, in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits Mystica LLC or its affiliates. All other trademarks not owned by Mystica LLC or its affiliates that appear on the Software are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Mystica LLC or its affiliates.
The Software and/or methods used in association with the Software may be covered by one or more patents or pending patent applications.
You will comply with all applicable export and re-export restrictions and regulations governed by Linden Lab Inc, and you will not transfer, or encourage, assist, or authorize the transfer of Mystica Brand Software, graphics, logos, characters, button icons, scripts or stories to any external database or use prohibited third-part software in any way that violates or infringes upon International copyright ownership belonging exclusively to Mystica LLC.
Your rights under this Agreement will automatically terminate without notice from Mystica LLC if you fail to comply with any term of this Agreement. In case of such termination, you must cease all use of the Software.
DISCLAIMER OF WARRANTIES
USE OF THE SOFTWARE IS AT YOUR SOLE RISK. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY MYSTICA LLC OR AN AUTHORIZED REPRESENTATIVE OF MYSTICA LLC CREATES A WARRANTY, AND THE SOFTWARE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. MYSTICA LLC, ITS SUPPLIERS, ITS CREATORS, ITS LICENSORS, AND ANY OF THEIR AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, SUCH AS THE IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY OR QUIET ENJOYMENT.
LIMITATIONS OF LIABILITY
TO THE EXTENT NOT PROHIBITED BY LAW, MYSTICA LLC, ITS SUPPLIERS, ITS LICENSORS, AND ANY OF THEIR AFFILIATES WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY RELATED TO THE SOFTWARE, SUCH AS ANY DAMAGES ARISING OUT OF LOSS OF PROFITS, REVENUE, DATA, OR USE OF THE SOFTWARE OR ANY ASSOCIATED PRODUCT, EVEN IF MYSTICA LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, MYSTICA LLC’S AGGREGATE LIABILITY UNDER THIS AGREEMENT SHALL BE LIMITED TO FIVE DOLLARS (US $5.00). THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
The laws of the state of California, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and Mystica LLC.
Any dispute relating in any way to the Software in which the aggregate total claim for relief sought on behalf of one or more parties exceeds $7,500 shall be adjudicated in any state or federal court in San Francisco County, California, and you consent to exclusive jurisdiction and venue in such courts.
U.S. GOVERNMENT RIGHTS
The Software is provided to the U.S. Government as “commercial items,” “commercial computer software,” “commercial computer software documentation,” and “technical data,” as defined in the U.S. Federal Acquisition Regulation and the U.S. Defense Federal Acquisition Regulation Supplement, with the same rights and restrictions customarily provided to end users.
We may amend any of the terms of this Agreement in our sole discretion by posting the revised terms on the Mysticasl.com website. Your continued use of the Software after the effective date of any such amendment constitutes your agreement to be bound by such amendment.
Mystica LLC’s failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of Mystica LLC’s right to subsequently enforce such provisions or any other provisions of this Agreement. No waiver of any provision of this Agreement shall be effective unless in writing.
ENTIRE AGREEMENT AND SEVERABILITY
This is the entire agreement between Mystica LLC and you regarding the Software and supersedes all prior understandings regarding such subject matter. If any term or condition of this Agreement is deemed invalid, void, or for any reason unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining term or condition.