Ebil Games - Moglin Punter!

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Moglin Punter
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ONLINE GAME DISTRIBUTION AGREEMENT
Artix Entertainment, LLC

Welcome to BattleOn.com, a service of Artix Entertainment, LLC (hereinafter, the “Company”).  The game, MOGLIN PUNTER (hereinafter, the “Game”), that you seek to download and distribute on your website is licensed to you, pursuant to terms of this Agreement, only on the condition that you agree to the terms and conditions set forth below.

Please review the following terms carefully, as they govern the relationship between you, the third party website provider (hereinafter, “you” or “Host”), and Company, as defined below.  Access to and use of the Game is by permission of Company only, and only for website providers who accept the terms of this Agreement.  Company may grant or withhold approval in its sole discretion.

BY CLICKING ON THE “ACCEPT” BOX AND DOWNLOADING THE GAME, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.

1.	Nature of Agreement. This Agreement is a legal contract made between you and the Company.  This Agreement contains the terms and conditions with which you must comply if you wish to download and distribute to the Game on your website.  In downloading the Game, you also hereby acknowledge and accept the Terms and Conditions of Use for Company’s website, as well as all other online policies contained therein.

2.	License Grant.  Company hereby grants to you a non-exclusive, non-assignable, non-sublicensable license to download, place on your server, and allow your users free access to the Game, including all files and images contained in or generated by the software, and accompanying data, flash files, shockwave files and other digital files, subject to the terms and conditions of this Agreement.  The licenses granted herein are for your lawful, non-infringing use of the Game on your server, and under this Agreement the Game may be accessed by users of your website only.

3.	Ownership of Software.  Company retains all rights to the Game and all copyright and other intellectual property rights therein, and this Agreement does not transfer to you any title to or any proprietary or intellectual property rights in or to the Game, any updates or derivative works thereto, or any copyrights, patent rights, or trademarks embodied or used in connection therewith, except for the rights expressly granted in this Agreement.  All trademarks, service marks and logos are owned by Company or its licensors, and you may not copy or use them in any manner.  The Game is protected by United States laws and international treaty provisions.

The Game contains copyrights or registered copyrights as follows: Copyright © 2005 Artix Entertainment, LLC, P.O. Box 2005, Land O' Lakes, Florida 34639.  All rights are reserved.  Such content shall include, but is not limited to: the Game, screenshots, screen captures, story text; tools, weapons, armor, and other gameplay items, wallpaper, IM graphics, character model sheets, trailors, T-shirt designs, banners, advanced and special class training materials, and any other media distributed pursuant to license.

YOU MAY NOT USE, COPY, OR MODIFY THE GAME, IN WHOLE OR IN PART, EXCEPT AS EXPRESSLY PROVIDED FOR IN THIS AGREEMENT.

4.	Restrictions.  To the maximum extend permitted by law, you shall not:

a.	permit your customers to download and save the complete SWF or shockwave file containing the Game;
b.	rent, lease, loan, sell, sublicense, distribute, transmit, or otherwise transfer the Game, or any copy or portion thereof, to any third party;
c.	modify, reverse-engineer, decompile, disassemble, or attempt to derive the source code of the Game;
d.	modify, enhance or prepare derivative works based on the Game;
e.	make any copy or otherwise reproduce the Game (or any of the browser screens comprising the Game user interface) except for those copies necessary to install and run the Game on your web server for free use by your customers; or
f.	use or incorporate the Game or any portion thereof in any other product without the prior written permission of Company.

5.	Your Obligations.  You shall be solely responsible for the following:  a) providing all hardware, software, and communication capabilities required for download and distribute the Game; b) providing and maintaining, at all time during the term of this Agreement, the Internet server necessary for users to access the Game; and c) ensuring that no pop-up or pop-under displays are used in connection with the Game.  You further warrant that you will provide free use of the Game, and where a paid subscription is required to access your server, subscription fees may not be tied directly to content of the Game in any manner.

6.	Term and Termination.  The license granted in this Agreement is effective until terminated.  The term of this Agreement and the license granted herein shall commence on the date you agree to this Agreement and download the Game onto your server.  Either party may terminate this license and Agreement at any time, in its sole discretion, upon email or other written notice to the other.  This license shall terminate automatically on your failure to comply with any of the terms of this Agreement.  On termination of this Agreement, you agree to promptly destroy all copies of the Game, including all files and images contained in or generated by the software, and accompanying data, flash files, shockwave files and other digital files, and any other copyrighted or trademarked material contained therein.  Notwithstanding termination, the provisions of this Agreement shall survive and continue to apply.

7.	Relationship between the Parties.  Company and Host are independent principals, and neither party has authority to make any representations or commitments on behalf of the other, nor may you issue any statements regarding your relationship with Company.  You may not issue any press release or other statement regarding the Game without the prior written consent of Company.  You further agree and acknowledge that the Game may contain paid advertisements and displays, delivered in the sole discretion of Company, and that no relationship exists between you and Company’s advertisers or affiliates.  Company offers the Game for free download and access from your site as a marketing tool, and thereby has the right to object to content on your server surrounding the Game.  In no event shall you have a right to any profits, advertising revenue or other financial benefit received by Company in connection with the Game.

8.	Warranty and Disclaimer.  Company hereby disclaims all warranties.  The Game is provided “As Is” and “As Available.”

TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTES ALLEGED TO HAVE ARISEN FROM NON-INFRINGEMENT, CUSTOM, USAGE, OR THE COURSE OF DEALING BETWEEN THE PARTIES.  COMPANY DOES NOT WARRANT THAT THE GAME WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE GAME WILL BE UNINTERRUPTED OR ERROR-FREE.  THE GAME MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.  WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOVER FOR YOUR DOWNLOAD, USE AND DISTRIBUTION OF THE GAME.

9.	Limitation of Liability.  Company’s liability to you is limited.  To the maximum extent permitted by law, in no event shall Company be liable for damages of any kind arising out of or in connection with your or your customers’ download or use of the Game.  In addition, Company shall not be liable for any claim asserted against you by any other party, and in no event shall you be entitled to obtain any injunctive relief, or otherwise enjoin, restrain, or otherwise interfere with Company or with the distribution, operation, development, or performance of the Game.

IN NO EVENT SHALL COMPANY BE LIABLE TO YOU FOR ANY DAMAGES WHATSOVERE ARISING OUT OF YOUR USE OF, OR INABILITY TO USE, THE GAME.  IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF DATA, LOST PROFITS, OR LOST BUSINESS OPPORTUNITIES, REGARDLESS OF THE LEGAL THEORY UNDER WHICH DAMAGES ARE SOUGHT, AND EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.

THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF BARGAIN BETWEEN COMPANY AND YOU.  THE GAME WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.

10.	Indemnity.  You agree to indemnify Company for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless Company, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your download and distribution of the Game, or your violation of this Distribution Agreement.  Company will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

11.	Force Majeure.  If the performance of Company under this Agreement is prevented, hindered, or otherwise made impractical by reason of flood, strike, war, acts of government, or any other casualty or cause beyond the control of Company, then Company shall be excused from its performance to the extent and so long as it is prevented, hindered, or delayed by such event(s).

12.	Severability; Waiver.  If, for whatever reason, a court of competent jurisdiction finds any term or condition in this Agreement to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. To the extent that anything in or associated with the Game is in conflict or inconsistent with this Agreement, this Agreement shall take precedence.  No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

13.	No Assignment.  You may not assign, sublicense, or otherwise transfer this Agreement or any of the rights granted by Company hereunder, in whole or in part, without the prior written consent of Company, and any attempt to do so shall be void. This Agreement is binding on and shall inure to the benefit of the parties and their respective successors and permitted assigns.

14.	Governing Law.  This Terms of Use Agreement shall be treated as though it were executed and performed in Land O' Lakes, Florida, and shall be governed by and construed in accordance with the laws of the State of Florida (without regard to conflict of law principles).  Any cause of action by you with respect to the Game must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in above. The language in this Agreement shall be interpreted as in accordance with its fair meaning and not strictly for or against either party. All legal proceedings arising out of or in connection with this Agreement shall be brought solely in Land O' Lakes, Florida.  Unless otherwise agreed between you and Company, you expressly submit to the exclusive jurisdiction of said courts and consent to extraterritorial service of process.

15.	Modifications.  Company may, in its sole discretion and without prior notice, (a) revise the terms of this Distribution Agreement; (b) modify the Game; and (c) discontinue access to the Game at any time. Company shall post any revision to this Agreement on Company’s website, and the revision shall be effective immediately on such posting. You agree to review the terms of this Agreement and other online policies periodically to be aware of any revisions. You agree that, by continuing to distribute the Game following notice of any revision, you shall abide by any such revision.

16.	ACKNOWLEDGEMENT AND EXCLUSIVITY. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND COMPANY, AND THAT IT SUPERSEDES ANY PROPOSAL, PRIOR AGREEMENT, OR UNDERSTANDING, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND COMPANY RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT. THIS AGREEMENT MAY NOT BE CHANGED, ALTERED, OR MODIFIED EXCEPT BY A WRITING SIGNED BY THE PARTIES.

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