END USER LICENSE AGREEMENT

Updated: September 8th 2021

I — DEFINITIONS

"End User(s)" means authorized, individual persons who have validly acquired the Products for their personal use and not for resale.

"Software" means the interactive storytelling solution developed by Elm Story Games (named Elm Story) delivered by either a tangible product in physical format or online product via Internet or similar communications protocol.

"Service" means the upcoming online component of the Software.

"Contributor" means any resource that contibutes to the Software's design, functionality, publication and marketing.

II — ACCEPTANCE AND MODIFICATIONS

By clicking “accept” or installing and/or using the Software, you are confirming your acceptance of the Software and agreeing to become bound by the terms of this EULA and acknowledge that it is enforceable as a written contract signed by you.

If you are under the age of 18, you are not permitted to use the Software or provide your personal information to us without the consent of your parent or guardian who must first accept this Agreement and administer the Software on your behalf.

If you are entering into this EULA on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions.

Elm Story Games reserves the right, in its sole discretion, to change, modify, add, or remove portions of this EULA on a going forward basis at any time by making such modified EULA available to you on the Elm Story Games website or through the Software, or both. The EULA will be identified as of the most recent date of revision and will be effective immediately upon posting, except in the event any such modification materially alters your rights hereunder. In this latter case, Elm Story Games will notify you via a pop-up window or other notification when you access or use the Software, in which you will be required to explicitly provide your informed consent with such material modifications. In the absence of such explicit consent, you will be deemed to withdraw your acceptance of this Agreement, in which case you will need to uninstall and discontinue your use of the Software at that time.

III — COPYRIGHT

Any and all plugins downloaded or installed by this software remain the property of the respective authors and express permission should be seeked before using them or deriving methods from them for use under any other scenarios not explicitly relating to the Software.

This License is not intended to limit any rights you have under applicable copyright doctrines of fair use, fair dealing, or other equivalents.

IV — LICENSE GRANT

Not-for-Resale License. Subject to the terms and conditions of this EULA, Elm Story Games hereby grants to End User a limited, personal, non-transferable, revocable, non-exclusive, without the right to sublicense, worldwide license to use, install and operate the Software solely for the purpose of testing and using it for internal users and without the right to further distribute, resell or otherwise transfer such licensed rights.

V — LIMITATION OF LIABILITY

Under no circumstances and under no legal theory, whether tort (including negligence), contract, or otherwise, shall any Contributor, or anyone who distributes the Software, be liable to you for any direct, indirect, special, incidental, or consequential damages of any character including, without limitation, damages for lost profits, loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses, even if such party shall have been informed of the possibility of such damages. This limitation of liability shall not apply to liability for death or personal injury resulting from such party’s negligence to the extent applicable law prohibits such limitation. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so this exclusion and limitation may not apply to you.

VI — PRIVACY AND DATA COLLECTION

Elm Story Games does not collect End User data. Upon launch of the Service, an opt-in privacy policy will be published and End Users will be notificed.


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Elm Story is © 2021 Elm Story Games LLC