THIS WEB SITE (THE “SITE”) AND ALL MATERIALS IN THIS SITE ARE PROVIDED “AS IS” AND ALL USE IS AT YOUR OWN RISK. TESSERACT INTERACTIVE, INC. (“TESSERACT INTERACTIVE”) DISCLAIMS, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND LIABILITIES OF TESSERACT INTERACTIVE, WHETHER EXPRESS OR IMPLIED, ARISING BY OPERATION OF LAW OR OTHERWISE, WITH RESPECT TO THIS SITE AND ANY MATERIALS IN THIS SITE, INCLUDING, BUT NOT LIMITED TO ANY: (A) IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (B) IMPLIED WARRANTY OF NON-INFRINGEMENT; AND (C) CLAIM IN TORT (INCLUDING NEGLIGENCE). WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE THAT TESSERACT INTERACTIVE DOES NOT REPRESENT OR WARRANT THAT THIS SITE WILL BE ACCESSIBLE WITHOUT INTERRUPTION OR THAT THIS SITE, ANY MATERIALS IN THIS SITE, OR THE SERVER THAT MAKES THIS SITE AVAILABLE ARE FREE FROM ERRORS, DEFECTS, DESIGN FLAWS OR OMISSIONS OR FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability
In no event will Tesseract Interactive be liable, whether in contract, warranty, tort (including negligence (whether active, passive or imputed), product liability, strict liability or other theory, to you or ANY other person for any damages (including, without limitation, any indirect, incidental, special or consequential damages) arising out OR IN CONNECTION WITH of ANY use of, inability to use or results of use of this site or any materials IN this site, even if Tesseract Interactive or its representative has been advised of the possibility of Such damages.
Use of the Site
You may only use this Site and any materials found in this Site (including, but not limited to, any images, logos, designs, insignia, marks, pictures, sounds, text, messages, tools, software, technology, products, files, information, data, demos, promotional materials, audiovisual and multimedia works and any other items or expressions) (collectively, “Materials”) in accordance with the terms and conditions of this Agreement, and you agree to comply with said terms and conditions at all times. Without limiting the foregoing, you may not copy, republish, upload, download, post, transmit or distribute any Materials except as specifically provided herein.
Subject to the terms and conditions of this Agreement, (and subject to your payment of the applicable license fees), Tesseract Interactive grants you a non-exclusive, non-transferable license, for the duration of your next session of using the Site, to: (i) download to one (1) computer, solely for your personal use, one (1) copy of any Materials available on this Site; and (ii) upload materials to designated areas of this Site.
Tesseract Interactive reserves all rights in and to the Materials not expressly granted above. Without limiting the foregoing, you may not: (i) use or transmit any Materials on or to any other Web site or network; (ii) modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any Materials; (iii) reproduce any Materials other than as specified above; (iv) distribute, license, rent, sell, lease or otherwise transfer any Materials; or (v) remove, obscure or alter any notice of copyright or other proprietary notices present on or in any Materials.
You represent, warrant and covenant that: (i) you will comply with all applicable laws, regulations and orders of any governmental authority in your use of this Site and the Materials (including, without limitation, all export control laws, regulations, and orders); (ii) you are not located in, under the control of, or a national or resident of any country to which export of any Materials is prohibited by U.S. law, regulation or order; and (iii) you will not upload or otherwise transmit to this Site any software or other materials that: (a) contain any viruses or other harmful code; (b) violate, misappropriate or infringe any patent, copyright, trademark, trade name, trade dress, trade secret, right of publicity, right of privacy, moral right, right of attribution or integrity or any other intellectual property right or proprietary right (collectively, “Proprietary Rights”) of any person or entity; or (c) contain any material that is libelous, defamatory or portrays any person in a false light.
Tesseract Interactive Ownership
All right, title and interest in and to this Site, the Materials and all associated Proprietary Rights is owned by Tesseract Interactive or its licensors, and no ownership of any of the foregoing items is transferred to you by virtue of this Agreement or Tesseract Interactive’s permitting you to use the Site.
Tesseract Interactive welcomes your comments, feedback and input regarding Tesseract Interactive products through this Site. However, Tesseract Interactive does not accept or consider any material for use in any of its products (including, but not limited to, demos, sketches, drawings, notes, stories, and game or character ideas), that has not been specifically requested by Tesseract Interactive. Accordingly, Tesseract Interactive asks you not to send us any such materials. If you ignore this request, any such materials, comments, suggestions or other information submitted by you to Tesseract Interactive will become the property of Tesseract Interactive, with Tesseract Interactive exclusively owning all known and hereafter existing rights to such materials, and you acknowledge and agree not to contest Tesseract Interactive’s rights to use and disclose such materials in any manner and for any purpose, commercial or otherwise, without compensation to you.
No failure or forbearance on Tesseract Interactive’s part to exercise its rights or insist upon performance of your obligations here under is to be construed as a waiver or relinquishment of those or any other rights or obligations in that or any other instance; rather, the same shall remain in full force and effect.
If any provision of this agreement is deemed unlawful, void, or for any reason unenforceable, such provision shall be narrowed in scope or otherwise amended to the extent necessary to make such provision lawful, valid and enforceable while as nearly as possible reflecting the intent of the parties as expressed in this Agreement, or, if such amendment is impossible, severed from this agreement. No amendment or severing of any provision of this Agreement shall affect the validity or enforce ability of any remaining provisions.
This agreement shall be governed by and construed in accordance with the laws of Republic of Macedonia, without reference to its choice of law rules. Conventions on Contracts for the International Sale of Goods shall not apply. You hereby submit to the exclusive jurisdiction of the federal and state courts located in Skopje, with respect to any claim or suit arising out of or in connection with this Agreement, this Site or any Materials, and agree not to commence or prosecute any such claim or suit except in the aforementioned courts.
This Agreement constitutes the entire agreement between you and Tesseract Interactive relating to the subject matter hereof and may not be modified except in a writing signed by Tesseract Interactive.