End-user Software License Agreement

BY PRESSING "I AGREE," YOU AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE.  IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, PRESS "CANCEL".


(I)

Definitions
"License" means this Software License Agreement you are agreeing to that is a legally binding contract.
"Phobetor" is a single proprietorship owned by Ronald Wendt, Wiesentalstr. 5, 90419 Nürnberg, Germany.
"Software" means this version of the game "Klomanager - Hochgewürgt" developed by Phobetor

(II)

Ownership
This software product in its entirety is copyrighted and is protected by international law. The software and any accompanying documentation or media including this License delivered in any form of storage is licensed, not sold, to you by Phobetor and is for use only under the terms of this License. Phobetor reserves all rights not expressly granted to you. The rights granted herein are limited and do not include any patents or intellectual property rights. Phobetor expressly retains ownership of the Software itself.
 
(III)

Permitted Use
This License allows you to install and use one copy of the Software on a single computer at any time. This License does not allow the Software to exist on more than one computer at a time, and you may not make the Software available over a network where it could be used by multiple computers at the same time. You may not copy, reproduce, translate, decompile, reverse engineer, disassemble, modify, or create derivative works from the assembled code or any part thereof.
Purchaser may not rent, lease, lend or sublicense the Software to any person or entity.

(IV)

Support
In certain situations and at their sole discretion Phobetor may refuse technical support including but not limited to the following; the user attempts or assist other to bypass security measures on the software, or the user is abusive to Phobetor staff and or it's community, or Phobetor suspects that the person or entity is not the original purchaser of the software or Phobetor at its sole discretion has terminated the Licence.


(V)

Termination
This License is effective until terminated. Your rights under this License will end automatically without notice from Phobetor if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of the Software.


(Vi)

Warranty
This Software is provided without warranty of any kind, whether express or implied, including warranties of merchantability and fitness for a particular purpose, which are hereby disclaimed. In no event will Phobetor  be liable for any special, incidental, or consequential damages resulting from possession, use, or malfunction of this software product.  

(ViI)

Disclaimer
You agree that use of the software is at your own risk and that the entire risk as to satisfactory quality, performance, accuracy and effort rests with you. The software is provided "as is"; with all faults and without warranty of any kind, and Phobetor or their licensors, subsidiaries, affiliates or sub licensees hereby disclaim all warranties and conditions with respect to the software, express, implied or statutory. Phobetor does not warrant against interference of your enjoyment of the software, nor that the functions contained in the software will meet your requirements, nor that the operation of the software will be uninterrupted or error-free, or that defects in the software will be corrected. No oral or written information or advice given by Phobetor or any authorized representative shall create a warranty. Should the software prove defective, you assume the entire cost of all necessary servicing, repair or correction.

(viii)

Limitation of Liability
Liability is restricted to the full extent not prohibited by law. In no event will Phobetor be liable for personal injury or any incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption or any other commercial damages or losses, arising out of or related to your use or inability to use the software, however caused, regardless of the theory of liability and even if Phobetor has been informed of the possibility of such damages. In no event shall Phobetor's total liability to you for all damages exceed the amount which the purchaser paid for the software. The foregoing limitations will apply even if the above stated remedy fails in its essential purpose.

(iX)

Severability
This License will be governed by and interpreted in accordance with the laws of the Federal Republic of Germany. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the rest of this License shall continue in full effect.  

(X)

Complete Agreement
This License forms the entire agreement between the parties with respect to the use of the Software licensed herein and supersedes all prior or contemporaneous understandings regarding such subject matter.  No amendment to or modification of this License will be binding unless in writing and signed by Phobetor.


(Xi)

Governing Language
Any translation of this License is done for local requirements only. In the event of a dispute between the English and any non-English versions; the English version of this License shall govern.

Health notice

PLEASE READ THIS NOTICE BEFORE PLAYING THIS GAME OR BEFORE ALLOWING YOUR CHILDREN TO PLAY.

(A)
Epilepsy
Certain individuals may experience epileptic seizures or loss of consciousness when subjected to strong, flashing lights for long periods of time. Such individuals may therefore experience a seizure while operating computer or video games. This can also affect individuals who have no prior medical record of epilepsy or have never previously experienced a seizure.

If you or any family member has ever experienced epilepsy symptoms (seizures or loss of consciousness) after exposure to flashing lights, please consult your doctor before playing this game.

(B)
Parental guidance
Parental guidance is always suggested when children are using a computer and video games. Should you or your child experience dizziness, poor eyesight, eye or muscle twitching, loss of consciousness, feelings of disorientation or any type of involuntary movements or cramps while playing this game, turn it off immediately and consult your doctor before playing again.

(C)
Precautions
The following precautions may help to limit the risks involved with playing games:

Do not play when tired or short on sleep.
Do not sit too close to the monitor.
Be sure to take a break of 15 minutes every hour.
Sit as far as comfortably possible.
Use as small a monitor as possible.
Take care that there is sufficient lighting in the room.

THE USE OF THIS PRODUCT IS SUBJECT TO ACCEPTANCE OF THE END-USER SOFTWARE LICENSE AGREEMENT

BY PRESSING "I AGREE," YOU AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE AND START THE DOWNLOAD OF THE PRODUCT.

IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, PRESS "CANCEL".