EULA

Let's make it official.

EULA

(End User License Agreement)

This End-User License Agreement (EULA) is for all software products created, released, or licensed by Illinois Innovations Inc. or iCubed Games (collectively "Illinois Innovations"). Your download or use of any Illinois Innovations software product signifies your acceptance of, and agreement to be bound by, this EULA.

Agreement

IMPORTANT, PLEASE READ CAREFULLY. THIS IS A LICENSE AGREEMENT This SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.

1. Eligible Licensees:

This Software is available for license solely to SOFTWARE owners, with no right of duplication or further distribution, licensing, or sub-licensing. IF YOU DO NOT OWN THE SOFTWARE, THEN DO NOT DOWNLOAD, INSTALL, COPY OR USE THE SOFTWARE.

2. License Grant:

Illinois Innovations grants to you a personal, non-transferable and non-exclusive right to use the copy of the Software you have downloaded. You agree you will not copy the Software except as necessary to use it on a single device. You agree that you may not copy the written materials accompanying the Software. Modifying, translating, renting, copying, transferring or assigning all or part of the Software, or any rights granted hereunder, to any other persons and removing any proprietary notices, labels or marks from the Software is strictly prohibited. Furthermore, you hereby agree not to create derivative works based on the Software. You may not transfer this Software.

3. Rental:

You may not loan, rent, or lease the SOFTWARE.

4. Copyright:

The Software is licensed, not sold. You acknowledge that no title to the intellectual property in the Software is transferred to you. You further acknowledge that title and full ownership rights to the Software will remain the exclusive property of Illinois Innovations and/or its suppliers, and you will not acquire any rights to the Software, except as expressly set forth above. All copies of the Software will contain the same proprietary notices as contained in or on the Software. All title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, text and "applets," incorporated into the SOFTWARE PRODUCT), and any copies of the SOFTWARE PRODUCT, are owned by Illinois Innovations or its suppliers. The SOFTWARE PRODUCT is protected by copyright laws and international treaty provisions. You may not copy the printed materials accompanying the SOFTWARE PRODUCT.

5. Reverse Engineering:

You agree that you will not attempt, and if you are a corporation, you will use your best efforts to prevent your employees and contractors from attempting to reverse compile, modify, translate or disassemble the Software in whole or in part. Any failure to comply with the above or any other terms and conditions contained herein will result in the automatic termination of this license and the reversion of the rights granted hereunder to Illinois Innovations.

6. Disclaimer of Warranty:

The Software is provided on a "AS IS" basis without warranty of any kind. Illinois Innovations and its suppliers disclaim and make no express or implied warranties and specifically disclaim the warranties of merchantability, fitness for a particular purpose and non-infringement of third-party rights. The entire risk as to the quality and performance of the Software is with you. Neither Illinois Innovations nor its suppliers warrant that the functions contained in the Software will meet your requirements or that the operation of the Software will be uninterrupted or error-free. Illinois Innovations IS NOT OBLIGATED TO PROVIDE ANY UPDATES TO THE SOFTWARE.

7. Limitation of Liability:

Illinois Innovations' entire liability and your exclusive remedy under this EULA shall not exceed the price paid for the Software, if any. In no event shall Illinois Innovations or its suppliers be liable to you for any consequential, special, incidental or indirect damages of any kind arising out of the use or inability to use the software, even if Illinois Innovations or its supplier has been advised of the possibility of such damages, or any claim by a third party.

8. No Liability for Consequential Damages:

In no event shall Illinois Innovations or its suppliers be liable for any damages whatsoever (including, without limitation, incidental, direct, indirect special and consequential damages, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of the use or inability to use any "Illinois Innovations" software product, even if Illinois Innovations has been advised of the possibility of such damages. Because some states/countries do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

9. Indemnification By You:

If you distribute the Software in violation of this Agreement, you agree to indemnify, hold harmless and defend Illinois Innovations and its suppliers from and against any claims or lawsuits, including attorney's fees that arise or result from the use or distribution of the Software in violation of this Agreement.