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1 //Effective Date: September 26, 2018//
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3 This Agreement sets forth the terms and conditions for licensing of products including Hero Lab® Classic, Army Builder®, and Card Vault™ (hereinafter the "Software") from Lone Wolf Development and LWD Technology (hereinafter "LWD", “us” or “we”) to the user (hereinafter “you” or "Licensee").
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5 Any use of the Software or any issued license number or key file indicates that you have read and understand this Agreement and accept its terms and conditions. If you do not agree with the terms and conditions of this Agreement, do not use the Software or any license materials you are issued.
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7 Other websites, services, and products provided by LWD may be used in conjunction with the Software and are subject to a separate [[Terms of Service>>doc:Legal Center.Terms of Service.WebHome]] agreement. Use of any of these websites, services, or other products indicates your acceptance of their associated Terms of Service, which are detailed at info.wolflair.com.
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9 Any personal information you provide to us is governed by our [[Privacy Policy>>doc:Privacy Policy]] (available at info.wolflair.com) and is retained in case it’s needed in conjunction with the exercise or defense of legal or other claims. You may review the personal information we possess at any time by creating a free account with us and associating your issued license number(s) with that account. If you have any questions relating to your personal information, you may contact LWD via the established methods for doing so. Only use the Software if you agree with the Privacy Policy.
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11 When the Software is used on Apple iOS devices, you agree that Apple Inc. and its subsidiaries are third party beneficiaries of this agreement, and Apple Inc. has the right to enforce this agreement.
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13 Subject to the terms and conditions of this Agreement, you are granted a limited non-exclusive license to utilize the Software on one device of your choice in conjunction with each license number you are issued. You agree not to:
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16 (1) use or facilitate the use of your assigned license number(s) or product key file(s) on more than one device per license number;
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19 (2) provide your assigned license number(s) or product key file(s) to others (if any);
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22 (3) use the Software to commit copyright or trademark infringement or for any illegal purpose or in violation of any intellectual property rights;
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25 or (4) enable others to use your assigned license number(s) or product key file(s) (if any).
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27 The Software is not intended for use by you if you are under 16 years of age. By using the Software, you are representing to us that you are 16 or older.
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29 You may make backup copies of the Software for your own use. You may transfer the rights in your Software license to a third party, provided you do not keep a copy of the license for yourself and the license is properly transferred to the third party via the published procedures set forth by LWD. You acknowledge that access to the internet is required to activate your license and perform other tasks with the Software, and you accept full responsibility for providing internet access, including all associated costs.
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31 Your purchase provides you with a license number that can be used to unlock the Software on a single device. This license number can be activated on one device of your choice via functionality provided within the Software. In addition to the primary license number issued with your purchase, you may obtain one FREE secondary license number for use on a separate device. The secondary license number can be obtained via the online license administration website, which can be accessed from within the Software. Each secondary license number shares the same characteristics as the primary license number that is first issued, including any expiration date and password, and is bound by this same Agreement.
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33 Licensing is accomplished via a key file that is automatically retrieved from the LWD server and installed on your device during the license activation process. Each key file is uniquely tied to a given license number and device, so it cannot be used with a different license number or on a different device.
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35 In the event of a device upgrade or replacement, each license may be re-assigned to a new device "identity". The identity of each device is based on information established during the installation of the operating system on the device. Therefore, upgrading and/or re-installing the operating system will be detected as a change in the identity, necessitating that the license be re-assigned.
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37 When a license is re-assigned, it may not be re-assigned again for 120 days. Similarly, a license may not be re-assigned for 120 days after the initial activation of the license. All license management must be performed either through the Software or via the online license administration resources that are published by LWD and accessible from within the product. Only the waiting period associated with the re-assignment of secondary licenses number is managed independently of the primary license number.
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39 You acknowledge that the Software is separate and distinct from any content (such as data files) that might be made available through the Software. Access to content that is provided through the Software is offered solely as a service to the user. Title and intellectual property rights in and to any content displayed by or accessed through the Software belongs to the respective content owner. Such content may be protected by copyright or other intellectual property laws and treaties, and may be subject to terms of use of the third party providing such content. This Agreement does not grant you any rights to use such content and you agree to only use created content with the Software from material that you have the legal right to use.
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41 You acknowledge that the Software does not include content for game systems other than those explicitly cited as included, nor does LWD warrant the availability, accuracy, or completeness of any content that might be created. All content, with the exception of those included as examples, are entirely independent of the Software, and some are developed, maintained, and distributed at the discretion of a third party. Any access to independently created content that is provided through the Software is offered solely as a service to the user, and LWD makes no endorsement of these independent resources.
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43 Your purchase includes any product updates for the Software and/or updates to any content associated with your product license number, should such updates be published by LWD. All updates are published via the LWD website and require internet access to retrieve. LWD is under no obligation to publish any product and/or content updates, but may do so if and when it chooses.
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45 Your license to use the Software includes a non-transferable, non-sublicensable, non-exclusive, royalty-free license to make personal, non-commercial use of output from the Software.
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47 Software output that you post on the internet for non-commercial purposes, such as on personal websites, forums and blogs shall include the Software’s copyright notice and tag lines (the “Notice”) on the same page as, or in such proximity as would, to a reasonable person, associate the Notice with said output. The Notice shall appear in a font size no smaller than 6 point type, and shall be in the following format:
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50 Hero Lab® and the Hero Lab logo are Registered Trademarks of LWD Technology, Inc. Free download at http:~/~/www.wolflair.com
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52 Army Builder® is a Registered Trademark of Lone Wolf Development, Inc. Free download at http:~/~/www.wolflair.com
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54 Specific to Hero Lab Classic, the following additional terms and conditions apply:
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57 (1) When you activate your license, you must designate a single game system from those currently supported by the Software. Once the game system is selected, it may not be changed. The license number will thereafter include access to the core content for that one game system.
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60 (2) All game system content is separate from the Software and governed by a separate license that will be found in the content-specific user manual that is installed with that content. The content can only be utilized from a properly unlocked copy of the Software, using the license number for which access is designated. Access to content for additional game systems and/or supplemental content for the chosen game system may be purchased separately, subject to availability. Should you transfer the rights in your Software license, all rights to the associated content will be included in the transfer.
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63 (3) The Notice shall also include the appropriate game system legal notice, as set forth at [[www.wolflair.com/powered_by_hero_lab.htm>>http://www.wolflair.com/powered_by_hero_lab.htm||rel="noopener noreferrer" target="_blank"]].
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66 (4) In addition to the above, your license to use the Software includes a revocable, non-transferable, non-sublicensable, non-exclusive, royalty free license to publish Software output, whether for commercial or non-commercial purposes, in connection with the promotion, creation, development, sale or release of any game system, game supplement, rules or other product, in either printed form or in any electronic format on the internet (“Products”), PROVIDED that in connection with any such use you agree to notify LWD immediately of the publication of such Products, using the form available at www.wolflair.com/powered_by_hero_lab.htm. Additionally, any Products shall be accompanied by the Software Promotional Logo, as same shall be defined and appear at www.wolflair.com/powered_by_hero_lab.htm and be subject to such additional terms and requirements as may be set forth thereon.
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69 (5) The Software Promotional Logo shall appear in a prominent location on such Products. For purposes of the foregoing, if the Products are made available in book or pamphlet form, the Software Promotional Logo shall appear on the front or back cover thereof. Additionally, any Software output appearing within any Products shall include the Notice, in the format and proximity set forth above.
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72 (6) You may not use the Software Promotional Logo in a way that suggests LWD owns, endorses, or is in any way responsible for any part of your Product, or for any conduct of your business, or that suggests that you have any relationship beyond a mere license with us, unless a separate agreement exists that lets you do so. You also may not state or suggest that we guarantee the compatibility of your Product with any particular game or game system.
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75 (7) You may not use LWD's trade dress for your products or advertisements—that is, you may not design your products to look confusingly similar to LWD’s products. You must use your best efforts to preserve the high standard of our trademarks. You may not do anything illegal with Software output produced under this License. You may not use this License for Products that the general public would classify as "adult content," offensive, or inappropriate for minors.
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78 (8) LWD reserves the right to terminate the license with respect to any Products in the event of breach of these requirements. In the event of termination, you shall immediately remove the specified Products that use the Software Promotional Logo from commerce and agree to destroy all inventories of such Products, including all marketing materials associated therewith. You will immediately suspend any advertisements and any web content promoting the specified Products that use the Software Promotional Logo. If there are any costs associated with termination, it will be your responsibility to paying for them. If you fail to comply with your post-termination obligations, you agree that any resulting legal fees and court costs shall be awarded to LWD, should it prevail in judicial proceeding.
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80 If you are not 100% satisfied with the Software, LWD's entire liability and your exclusive remedy shall be to return the Software within sixty (60) days of purchase to the retail store where purchased with a dated receipt for a full refund. If the retail store is unable to issue a refund, or if you purchased the Software directly from LWD, then return the Software with a dated receipt within sixty (60) days of purchase to LWD for your refund. Address information for LWD will be found on the LWD website at [[www.wolflair.com>>http://www.wolflair.com||rel="noopener noreferrer" target="_blank"]] or may be obtained by submitting a request to technical support via email at [[support@wolflair.com>>mailto:support@wolflair.com]].
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82 The Software in its entirety is protected by copyright laws. The Software and any content provided through the Software contain the trade secrets of LWD and other parties, and you may not decompile, reverse engineer, disassemble, or otherwise reduce the Software or content to human-perceivable form or disclose such trade secrets, or disable any functionality which limits the use of the Software or content. You may not attempt to modify, adapt, translate, rent, sublicense, assign, loan, resell for profit, distribute, or network the Software or related materials or create derivative works based upon the Software or any part thereof.
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84 You represent and warrant that:
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87 (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country;
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90 and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.
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92 This Agreement may be terminated by LWD immediately and without notice if you fail to comply with any term or condition of this Agreement. Upon such termination, you must immediately destroy all complete and partial copies of the Software, including all backup copies.
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94 LWD reserves the right to revise this Agreement at any point in the future, at its sole discretion. LWD shall have the right to change, discontinue, or impose conditions on any feature or aspect of the Software, or any internet-based services provided to you or made available to you through the use of the Software. Such changes shall be effective upon notification by any means reasonable to give you notice, or upon posting such terms in the Software, and your continued use of the Software will indicate your agreement to any such change. The latest version of this Agreement will be available through the license administration website, which can be accessed from within the Software.
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96 The Software is provided "as is", without warranty of any kind, express or implied, including, but not limited to, the implied warranties of merchantability and of fitness for any purpose. The user assumes the full risk of using the Software. While reasonable efforts have been made to ensure the correct operation of the Software, LWD does not warrant the accuracy, performance, or results you may encounter by using the Software, nor does LWD warrant the availability, accuracy, or completeness of any content provided.
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98 In no event will LWD be liable for direct, indirect, special, incidental, or consequential damages resulting from the use of the Software or any defect within the Software, even if LWD has been advised of the possibility of such damages. Any liability of LWD will be limited to the refund of the purchase price.
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100 This Agreement does not limit any rights that LWD may have under trade secret, copyright, patent, trademark or other laws. This agreement shall be construed and enforced under the laws of the State of New York and Federal Copyright, Patent and Trademark laws of the United States of America. Licensee consents to the resolution of any claims in connection with the Software, enforcement of this License and venue in the Northern District of New York. If any provision of this Agreement is invalid or unenforceable under applicable law, then it is, to that extent, deemed omitted and the remaining provisions will continue in full force and effect. No delay or failure on the part of LWD in the exercise of any right granted under this Agreement, or available at law or in equity, shall be construed as a waiver of such right.
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102 This Agreement supersedes the license agreement for the Demonstration Version of the Software and sets forth LWD's entire liability and your exclusive remedy with respect to the Software.
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104 You acknowledge that this Agreement is a complete statement of the agreement between you and LWD with respect to the Software or any related services. This Agreement shall govern any services or content related to the Software, unless such services or content are subject to a separate written agreement between you and LWD.
Lone Wolf Development, Inc.
support@wolflair.com