Once Upon a Time 1.0

EULA - End User License Agreement

Waking Games, inc. ("Waking Games") is willing to distribute the software identified below to you only upon the condition that you accept all of the terms contained in this license agreement ("Agreement"). Please read the Agreement carefully. By downloading or installing Waking Games software product "Once Upon A Time", which includes computer software and associated documentation ("Software"), you accept the terms of the Agreement. Indicate acceptance by selecting the "Accept" button at the bottom of the Agreement. If you are not willing to be bound by all the terms, do not continue with the installation.

1. DEFINITIONS. "Software" means the identified above in binary form, any other machine readable materials (including, but not limited to, libraries, source files, header files, and data files), any updates, supplements or error corrections provided by Waking Games, and any user manuals, programming guides and other documentation provided to you by Waking Games under this Agreement.

2. LICENSE TO USE. Subject to the terms and conditions of this Agreement Waking Games grants you a non-exclusive, non-transferable, limited license without license fees to use for personal use only.

3. RESTRICTIONS. Software is confidential and copyrighted. Title to Software and all associated intellectual property rights is retained by Waking Games and/or its licensors. Unless enforcement is prohibited by applicable law, you may not modify, decompile, or reverse engineer Software. Waking Games disclaims any express or implied warranty of fitness for such uses. No right, title or interest in or to any trademark, service mark, logo or trade name of Waking Games or its licensors is granted under this Agreement. Additional restrictions for developers and/or publishers licenses are set forth in the Supplemental License Terms.

4. LIMITED WARRANTY. Waking Games warrants to you that Software is provided "AS IS".

5. DISCLAIMER OF WARRANTY. Unless specified in this agreement, all express or implied conditions, representations and warranties, including any implied warranty or merchantability , fitness for a particular purpose or non-infringement are disclaimed, except to the extent that these disclaimers are held to be legally invalid.

6. LIMIT OF LIABILITY: in no event will Waking Games be liable to you for any loss of use, interruption of business, or any direct, indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), strict product liability or otherwise, even if Waking Games has been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

7. TERMINATION. This Agreement is effective until terminated. You may terminate this Agreement at any time by destroying all copies of Software. This Agreement will terminate immediately without notice from Waking Games if you fail to comply with any provision of this Agreement. Either party may terminate this Agreement immediately should any Software become, or in either party's opinion be likely to become, the subject of a claim of infringement of any intellectual property right. Upon Termination, you must destroy all copies of Software.
8. TRADEMARKS AND LOGOS. You acknowledge and agree as between you and Waking Games that Waking Games owns the Once Upon A Time and Waking Games trademarks and all Once Upon A Time and Waking Games-related trademarks, service marks, logos and other brand designations ("Waking Games Marks") and that any use you make of the Waking Games Marks inures to Waking Games' benefit.

9. GOVERNING LAW. Any action related to this Agreement will be governed by British Columbia law and controlling Canadian federal law. No choice of law rules of any jurisdiction will apply.

10. SEVERABILITY. If any provision of this Agreement is held to be unenforceable, this Agreement will remain in effect with the provision omitted, unless omission would frustrate the intent of the parties, in which case this Agreement will immediately terminate.

11. INTEGRATION. This Agreement is the entire agreement between you and Waking Games relating to its subject matter. It supersedes all prior or contemporaneous oral or written communications, proposals, representations and warranties and prevails over any conflicting or additional terms of any quote, order, acknowledgment, or other communication between the parties relating to its subject matter during the term of this Agreement. No modification of this Agreement will be binding, unless in writing and signed by an authorized representative of each party.

For inquiries please contact: Waking Games, contact@wakinggames.com