THIS IS A LEGAL AND ENFORCEABLE CONTRACT BETWEEN YOU AND METALUMINOUS CORPORATION AND ITS SUBSIDIARIES. BY ACCESSING, INSTALLING, DOWNLOADING, OR USING THIS SOFTWARE YOU AGREE TO THE FULL TERMS OF THIS AGREEMENT. IF YOU ACCEPT THESE TERMS ON BEHALF OF ANOTHER PERSON, COMPANY, OR ANY OTHER TYPE OF ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE FULL AUTHORITY TO BIND THAT COMPANY, ENTITY, OR PERSON TO THESE TERMS.
IF YOU DO NOT AGREE TO THESE TERMS THEN DO NOT DOWNLOAD, COPY, INSTALL, ACCESS, OR USE THIS SOFTWARE AND PROMPTLY RETURN THE SOFTWARE AND LICENSE TO THE PARTY FROM WHOM THE SOFTWARE WAS ACQUIRED, AND DELETE THE SOFTWARE.
In this agreement, the term "the Software" refers to Merlin World™ (Merlin) and the secure Kahuna™ Network that Merlin World™ uses to communicate.
For your use of the Software and any updates, customizations, plug-ins, enhancements, or any other parts provided by MetaLuminous or its subsidiaries (“licensor”), you (“user”) agree to the following terms and conditions set forth herein.
The software is provided as is without any express or implied warranty. In no event or circumstances will the authors or licensor be held liable for any damages arising from the user of this software or documentation.
Any and all legal action must be taken in New York City, NY in the United States of America. For absolutely no reason will MetaLuminous be liable to you for more than $5.00 U.S. (collectively) in any event.
The Software is protected by service marks, trademarks, international treaties, copyright, and other proprietary laws of the U.S. and other countries. The licensor retains exclusive ownership of all worldwide copyrights, trademarks, service marks, trade secrets, patent rights, moral rights, property rights and all other industrial rights in the Software and documentation, including any derivative works, modification, updates, or enhancements.
All rights in and to the Software not expressly granted to User in this Agreement are reserved by Licensor. Nothing in this Agreement shall be deemed to grant, by implication, estoppel or otherwise, a license under any of Licensor's existing or future patents. You agree to follow all proprietary laws that apply to your use of the Software. This license gives you no rights, titles or any interests in any intellectual property owned by the licensor, and this license creates no relationship between the licensor and you other than that of licensor and licensee.
Rights which are not granted to you through this license are automatically reserved by the licensor. You are not allowed to use the Software without the licensor's prior approval. MetaLuminous and its subsidiaries may use certain software developed by third parties to perform certain functions. All rights held by third party software are reserved by the owner of the third party software.
MetaLuminous and its subsidiaries may change its pricing structure at any time in any way; may discontinue its service at any time for any reason; may charge for any support; may limit software features; may stop service either temporarily or finally any time for any reason with no warning or notice and with no liability. Additionally, MetaLuminous or its subsidiaries may deactivate accounts and allow the reuse of any accounts that are inactive for an extended period of time.
1. You are granted a non-transferable, non-exclusive license to install and use this software on one computer. This license is in effect until one of the parties terminates the license. You may terminate the license by no longer using the Software. MetaLuminous or its subsidiaries may terminate the license at any time for any reason. MetaLuminous or its subsidiaries may change this software license agreement at any time. The license agreement may also be terminated if you violate any of the terms and conditions of this agreement.
2. By your agreeing to the terms of this agreement you agree you are 18 years of age or older and you are allowed to enter a legal agreement with another party. All rights not granted to you are automatically granted to MetaLuminous.
3. You acknowledge that the Software and its structure, organization, and source code constitute valuable trade secrets of Licensor. Accordingly, you agree not to:
(i) copy, perform, distribute, modify, adapt, alter, translate, or create derivative works (as defined by the U.S. Copyright Act) from the Software;
(ii) merge the Software with other software;
(iii) timeshare, sublicense, lease, rent, or loan the Software to any third party;
(iv) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code for the Software;
(v) otherwise use the Software except as expressly allowed in this Agreement.
You may not seek intellectual property protection on the Software or any MetaLuminous or its subsidiaries' services.
4. You may not use the Software in any serious or critical situation where life, liberty, personal safety or property may be at stake. You understand that the Software is not made for such purposes and MetaLuminous or its subsidiaries will not be liable for any damages that might occur. The Software should also not be used while engaging in any dangerous activity such as driving or operating heavy machinery. You understand that using the Software while doing a hazardous activity could cause death for you or others. MetaLuminous or its subsidiaries are not responsible for any damages that could occur if you use the Software while doing an unsafe activity.
5. You shall not use the Software in any way that violates or circumvents any local, state, federal or law of other nations, including but not limited to the posting of information that may violate third party rights, that may defame a third party, that may harass or assault others, that may violate hacking or other computer crime regulations, etc. Licensor does not monitor or edit any transmissions, postings, routings or other materials which you may send, post, route, transmit or otherwise derive with the Software. You may not use the Software in any manner that is unlawful, or in any way which is not in agreement with this software license or terms of service.
6. You may not obtain income from the Software in a way which was not intended by Licensor. If you do Licensor will revoke your license immediately and Licensor will not be responsible for any damages that might occur due to this revoke.
7. You may not transfer your software license to another person or entity without written permission from MetaLuminous or its subsidiaries.
8. You may not make available or share any copyrighted material that doesn't belong to you. The burden to determine if the material is copyrighted rests with you.
9. You may not defame, slander, harass or violate the rights of any third party by using the Software or any services of MetaLuminous or its subsidiaries.
The licensor has the right to charge any fees for access to the Software. You are in charge of maintaining all hardware and software needed to access the Software and services and you are responsible for any charges these services may need to function. You agree to pay any services you sign up for through the Software on time and you agree not to act in any way that could be viewed as fraudulent. You shall pay all applicable taxes yourself which may be incurred due to your location. You may not use obscenity or any illegal content to make money with the software. In the event that your account or license is terminated due to violations of this license, no refund or credits will be given to you.
MetaLuminous or its subsidiaries or any of its employees or officers shall not be liable to User or any third party for any incidental, indirect, exemplary, special or consequential damages, under any circumstances, including, but not limited to, lost profits, revenue or savings, loss of goodwill, or the loss of use of any data, even if licensor had been advised of, knew, or should have known, of the possibility thereof. Under no circumstances shall licensor's aggregate cumulative liability hereunder, whether in contract, tort, or otherwise, exceed the total amount of fees actually paid by user for the Software. User acknowledges that the fees they paid reflect the allocation of risk set forth in this agreement and that licensor would not enter into this agreement without these limitations on its liability. MetaLuminous or its subsidiaries or officers will not ever be liable to you for any claim or claims of any kind caused by the use of the Software. MetaLuminous or its subsidiaries will not be liable to you for any claims of any kind based on any legal theory of any kind. MetaLuminous or its subsidiaries are not liable to you for direct damages of any kind that could be in connection with any third party software used with the Software, any information or data accessed through the Software or access to or inability to access the Software. MetaLuminous or its subsidiaries' direct damages liability to you will not exceed (collectively) $5.00 U.S. in any event for any reason.
The Software License Agreement shall be governed by the laws of the State of New York in the United States of America. You consent to exclusive jurisdiction and venue in the State of New York in the United States of America and waive the defense of forum non convenience. The United Nations Convention on the International Sale of Goods shall not apply to this Software License Agreement.
The Software and any included web services are provided ‘as is’ without any express or implied warranty whatsoever, including but not limited to any functionality or its being exploit- or virus-free. You recognize that the ‘as is’ clause of this agreement is an important part of the basis of this agreement, without which licensor would not have agreed to enter this agreement. Licensor and third parties disclaim all warranties, express, implied, or statutory, regarding the software, including any warranties of merchantability, fitness for a particular purpose, title, and non-infringement. No representation or other affirmation of fact regarding the Software shall be deemed a warranty for any purpose or give rise to any liability of third parties whatsoever. User acknowledges that he or she has relied on no warranties or statements other than as may be set forth herein. In no event with the authors be held liable for any damages arising from the use of this software. If the Software or any data produced from this Software or services prove to be defective you assume the entire cost for the repair to the Software or your computer systems or any injury or problem of any kind. You have been advised of the possibility of the Software causing damages or defects and MetaLuminous or its subsidiaries or officers shall not be held accountable for any damages or defects in any way for any reason. MetaLuminous or its subsidiaries has the right to change the Software in any way for any reason.
The user agrees and accepts that the Software and documentation may be subject to import and export laws of any country, including those of the European Union and the United States. If the you transfer or export the software, which in all cases must be done in accordance with this agreement, you agree to and acknowledge that you are exclusively responsible for complying with all applicable laws and regulations, including but not limited to all European Union and United States trade sanctions and export regulations, regardless of the country in which you reside in or of which you are a citizen.
The user of the Software shall defend, indemnify and hold harmless Licensor, its officers, directors contractors, agents and employees, from any and all claims or causes of action arising out of use of or related to the Software, and pay any and all damages and expenses (including but not limited to attorneys' fees incurred by Licensor and/or third parties) in connection therewith. Licensor reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by User, in which event User shall cooperate with the Licensor in asserting any available defenses. The User also agrees to indemnify and hold MetaLuminous and its subsidiaries harmless from any claim or demand including reasonable attorneys' fees, made by any third party in connection with or arising out of your use of the Software, your violation of any terms or conditions of this Software License Agreement, your violation of applicable laws, or your violation of any rights of another person or entity. If the licensor fails to exercise any of its rights under this agreement for any reason it will not constitute a waiver of such or any rights in this agreement. If a court finds any part of this license agreement unenforceable then the remainder of the agreement will continue intact and in full force and effect.
The licensor may terminate or suspend use of Software and this Agreement immediately upon receipt of any notice which alleges that User has used the Software for any purpose that violates or attempts to circumvent any local, state, federal or law of other nations, including but not limited to the posting of information that may violate third party rights, that may defame a third party, that may be obscene, that may harass or assault others, that may violate hacking or other criminal regulations, etc. of its agents, officers, directors, contractors or employees, and Licensor shall not be liable for damages or results thereof.
This Agreement is effective unless terminated by Licensor at any time for any breach of this Agreement. User may terminate this Agreement at any time by deleting the Software from User's computer system and other storage media. This Agreement and User's right to use this Software automatically terminate if the User breaches this Agreement.