LAMO®: The Game (the “Software Product”)
IMPORTANT - Please read this End User Software License Agreement (“EULA”) carefully before downloading, installing, copying or otherwise using this Software Product. By downloading, installing, copying or otherwise using this Software Product, you agree to be bound by the terms of this EULA. Before downloading, installing, copying or otherwise using this Software Product please make sure that your computing device meets the minimum technical specifications for the proper operation of this Software Product.
YOUR PARTICULAR ATTENTION IS DRAWN TO:
THE EXCLUSION CLAUSE AND LIMITATION OF LIABILITY CONTAINED IN SECTION 8 BELOW; AND
THE PROVISIONS OF SECTIONS 4 AND 5 WHICH DESCRIBE CERTAIN INFORMATION WHICH MAY BE COLLECTED, STORED AND USED BY US AS A RESULT OF YOUR DOWNLOADING, INSTALLING, COPYING, OR OTHERWISE USING THIS SOFTWARE PRODUCT AND/OR ONLINE FEATURES AND EXPLAINS OUR POLICIES WITH RESPECT TO YOUR DATA. BY ACCEPTING THIS EULA YOU ARE GIVING YOUR CONSENT TO OUR COLLECTION, STORAGE, USE AND PROCESSING OF SUCH INFORMATION AND DATA IN ACCORDANCE WITH SECTION 5 AND OUR PRIVACY NOTICE. LAMO (AS THAT TERM IS DEFINED BELOW) TAKES YOUR PRIVACY SERIOUSLY AND WE STRONGLY RECOMMEND YOU TAKE TIME TO READ THE PRIVACY NOTICE AND PERIODICALLY CHECK FOR ANY UPDATES MADE TO IT.
IF YOU AGREE TO BE BOUND BY THIS EULA PLEASE CLICK "I AGREE" BELOW. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS EULA, CLICK "CANCEL” AND NO LICENSE SHALL BE GRANTED TO YOU IN RESPECT TO THE SOFTWARE PRODUCT. IF YOU ARE A MINOR, YOUR PARENT OR LEGAL GUARDIAN’S CONSENT TO THIS EULA IS REQUIRED.
1. Legal Agreement
This EULA is a legal agreement that governs your use of the Software Product, and is between you and LAMO LLC, with an address at 1239 North High Street Columbus, OH 43215
For the purposes of this EULA, references to the Software Product includes computer software owned by LAMO or its third party suppliers/licensors and associated digital assets, media and documentation, and any updates thereto. The terms and conditions of this EULA are without prejudice to any terms and conditions governing your use of any third party proprietary software product including without limitation any STEAM™ software. Such third party proprietary software may be embodied on the media containing this Software Product or otherwise downloaded within the software package containing the Software Product and may be required in order to use certain features of this Software Product, which use may be subject to and conditional upon your acceptance and observance of additional third party end user license agreements.
Copyright and other intellectual property laws and treaties protect this Software Product. The Software Product is licensed, not sold.
2. Grant of Limited Non-Exclusive License
As long as you are in compliance with the provisions of this EULA, LAMO grants you the non-exclusive right and limited license to install one (1) copy of the Software Product into, and use it on, a single hard drive which is under your custody and control for your own individual personal entertainment use only.
All rights not expressly granted hereunder are, to the maximum extent permitted by law, reserved to LAMO and its licensors. Your rights to use the Software Product under this EULA are strictly conditional upon your observance of the terms and conditions contained in this EULA at all times.
You are not permitted to:
(a) make any commercial use or exploit the Software Product in any manner whatsoever;
(b) install or use the Software Product on a network server, multi-user arrangement or remote access arrangement for the purposes of distribution to one (1) or more other computer(s) on that network or to effect such distribution or otherwise make a copy of the Software Product available in any manner or via any media where it could be used by multiple users;
(c) without a separate license from LAMO, use the Software Product or permit the use of the Software Product, on more than one personal CPU, game console, handheld device, “smart phone” or PDA at the same time;
(d) to rent, lease, sub-license, loan, exploit for profit or gain, copy, modify, adapt, merge, translate, use, reproduce, distribute, broadcast, publicly perform, store in a retrieval system or otherwise deal in the Software Product or any part thereof in any way, except as expressly permitted by this EULA and/or to the extent expressly permitted under applicable law,;
(e) to reverse engineer, derive source code, modify, decompile, disassemble, or create derivative works based on the whole or any part of the Software Product, in whole or in part, except as the applicable law expressly permits. Where applicable law expressly permits any such acts, any lawful modifications, adaptations and improvements and all copyrights therein shall be deemed assigned to and shall belong to, vest in and be the exclusive property of LAMO and/or its licensors on creation to the maximum extent permitted by law and you hereby waive all or any moral rights in such creations;
(f) remove, disable or circumvent any security protections or any technical measures that control access to the Software Product and/or are designed to prevent or inhibit the infringement of any copyright or other intellectual property right in the Software Product;
(g) remove, modify, deface or circumvent any proprietary notices or labels contained on or within the Software Product;
(h) export or re-export the Software Product or any copy or adaptation in violation of any applicable laws or regulations;
(i) create data or executable programs that mimic data or functionality in the Software Product; or
(j) use, develop or sell cheats, automation software (bots), hacks, mods or any other software designed to modify the Software Product; or perform services within the Software Product in exchange for payment outside the Software Product, e.g., power-leveling.
Furthermore, you agree that you shall abide by any of the safety information, maintenance instructions or other relevant notices that accompany the Software Product.
4. Online/Multiplayer Features and Functionality
This Software Product may allow services operated by LAMO and/or its affiliates and/or third parties authorized on their behalf to provide users of the Software Product access to certain on-line or multiplayer features and functionality associated with the Software Product (“Online Features”). These services and Online Features may, however, require the payment of additional fees. In addition, the access and use of such services/Online Features and other goods or information may be subject to a registration process and acceptance of additional terms and conditions, including but not limited to, privacy policies governing the use and processing of personally identifiable information. Not all purchasers of this Software Product may be able to register or benefit from such services (including Online Features associated with the Software Product). These services and Online Features may not be available in your location, and are not guaranteed to be available for any period of time (and may be subject to suspension or withdrawal at any time). Furthermore, such services/Online Features may be subject to further restrictions (e.g., age requirements). An internet connection will be required to access Online Features.
Where you use Online Features we and our affiliates may also collect, store, process, distribute and publicly display certain data concerning your gameplay. This data may include your user name, gamertag, scores, rankings, results, achievements, profile image and any other personal profile information which you may choose to make available for other players to see. Without prejudice to any consents which you may give us under any other agreement between you and us with respect to such data, any data which personally identifies you will be collected, stored, used, processed and distributed in accordance to LAMO's Privacy Notice referred to in Section 5 below.
5. Your Consent to the Use by Us of Certain Data
Without prejudice to Section 4 above, LAMO may from time to time, during your gameplay, collect anonymous, non-personally identifiable information (i.e. information which neither identifies you nor is linked to, associated with or capable of being used to identify, you) including how you are using the Software Product. This information may also include your internet protocol (I.P.) address (a numeric label assigned by your internet service provider to identify your internet-enabled device), which may be treated as personal identifiable information in certain jurisdictions. This information may be used to help you use the Software Product over the internet (if the Software Product contains Online Features) but also to help LAMO better understand how its customers are using the Software Product and their behavior and preferences so that LAMO can improve its products and services in the future. This information and any other data which you may provide to LAMO or which may be collected by LAMO in connection with your installation or use of the Software Product or any Online Features will be collected, stored, retrieved, used and distributed in accordance with LAMO's latest Privacy Notice and Terms of Service located at [insert links].
Product and all of its component parts including any Software Product stored on the hard disk of any computing device. You may also terminate the EULA at any time by destroying the Software Product and uninstalling it from your hard drive or other applicable hardware. All provisions of this EULA relating to disclaimers or warranties, limitations of liability, remedies, damages, LAMO’s proprietary rights, choice of law and jurisdiction, indemnity and miscellaneous shall survive termination.
LAMO and/or its licensors shall at all times retain ownership of the Software Product and all subsequent copies, modifications, or improvements regardless of form. LAMO reserves the right to remove any content from the Software Product at any time in its sole discretion. Without limiting the foregoing, LAMO may remove digital assets or other content from your Software Product at any time and in its sole discretion, and LAMO makes no guarantee as to the availability of any content.
8. No Warranty; Exclusion of Damages
8.1 THE SOFTWARE PRODUCT IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LAMO AND ITS LICENSORS DISCLAIM ALL REPRESENTATIONS, WARRANTIES, CONDITIONS OR OTHER TERMS, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS AND FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE SOFTWARE PRODUCT AND EACH AND EVERY PART THEREOF. WITHOUT PREJUDICE TO THE GENERALITY OF THE FOREGOING, LAMO DOES NOT WARRANT THAT THE SOFTWARE PRODUCT IS ERROR-FREE OR THAT IT WILL OPERATE WITHOUT INTERRUPTION, NOR THAT LAMO WILL REPAIR ANY ERRORS IN THE SOFTWARE PRODUCT. LAMO FURTHER DOES NOT WARRANT THAT THE SOFTWARE PRODUCT WILL OPERATE ON ALL TYPES OF COMPUTING DEVICES.
8.2 IN ADDITION, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
(A) IN NO EVENT SHALL LAMO OR ITS LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, OR ANY PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SOFTWARE PRODUCT, EVEN IF LAMO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE ENTIRE RISK OF USE (INCLUDING WITHOUT LIMITATION, (A) ANY DAMAGE TO YOUR COMPUTING DEVICE HARDWARE, DATA OR SOFTWARE OR (B) AS A RESULT OF THE FAILURE TO ADHERE TO ANY PRECAUTIONS FOR USE SET OUT IN THE MANUAL) RESIDES WITH YOU.
(B) IN ANY CASE, THE MAXIMUM AGGREGATE LIABILITY OF LAMO AND ITS LICENSORS UNDER OR IN RELATION TO THIS EULA OR THE USE OR ATTEMPTED USE OF THIS SOFTWARE PRODUCT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT.
8.3 Nothing in this EULA shall limit or exclude LAMO's liability to you in negligence for death or personal injury, to the extent such exclusion or limitation is unlawful, unenforceable or void under any applicable law.
8.4 Some jurisdictions do not permit the warranty disclaimers or limitations on liability set forth in this Section 8. Nothing in this Section 8 shall affect your statutory rights as a consumer which under the applicable law are not capable of exclusion or limitation. These statutory rights may vary from state/jurisdiction to state/jurisdiction.
8.5 You understand that the Software Product may be updated or patched at any time and in doing so no obligation to provide such updates or patches to you pursuant to this EULA or otherwise shall arise.
9. Governing Law and Dispute Resolution
Any claim or dispute of whatever nature arising out of or relating to this EULA or the Software Product shall be governed by, and construed in accordance with, the laws of the State of New York, USA without regard to its conflict of laws principles and subject to the exclusive jurisdiction of the state and federal courts situated in New York, New York, USA except that nothing in this EULA shall limit LAMO’s right to bring any action against any party in any other court of competent jurisdiction, nor shall the bringing of such action in one or more jurisdictions preclude the bringing of any other such actions in any other jurisdiction (whether concurrently or not) to the extent permitted by the law of such jurisdictions. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this EULA.
Because LAMO would be irreparably damaged if the terms of this EULA were not specifically enforced, you agree that we shall be entitled, without bond or other security or proof of damages, to take action as may be required, including without limitation, the right to seek an injunction and other equitable remedies, in addition to any other remedies available to us under applicable law.
You agree to indemnify, defend and hold harmless LAMO, its partners, affiliates, contractors, licensors, officers, directors, employee and agents from all claims, damages, costs and expenses (including reasonable legal fees) arising directly or indirectly from your acts of omissions in connection with using the Software Product or any breach by you of the terms of this EULA.
12.1 If you acquired this Software Product in the United States of America, you will not export or re-export it except as authorized and permitted by the laws and regulations of the United States of America.
12.2 Without prejudice to Section 8.4, this EULA together with any other agreement, policy or other document expressly referred to in this EULA constitutes the entire agreement between LAMO and you with respect to the license and use of the Software Product and supersedes all prior or contemporaneous understandings. Without prejudice to Sections 12.4 and 12.5, no amendment or modification of this EULA will be binding unless made in writing and signed by a duly authorized representative of LAMO.
12.3 You agree and acknowledge that all title, ownership rights, and intellectual property rights connected with the Software Product and any and all copies thereof (including but not limited to any derivative works, titles, computer code, themes, objects, characters, character names, stories, dialogs, catch phrases, locations, concepts, artwork, graphics, animation, sounds, musical compositions, audio-visual effects, text, screen displays, methods of operation, moral rights, “applets” incorporated into the Software Product, and any related documentation) are owned by LAMO or its licensors.
12.4 LAMO reserves the right to amend this EULA at any time, at its sole discretion. If any such future changes to this EULA are unacceptable to you or cause you to no longer be in compliance with this EULA you may terminate this EULA in accordance with the above Termination provisions. Your installation and/or continued use of any updates or modifications to the Software Product or your continued use of the Product Software following notice of changes to this EULA will constitute your acceptance of any and all such changes to the terms of this EULA.
12.5 If any court or competent authority finds that any provision of this EULA (or part of any provision) is invalid, illegal or unenforceable under the applicable law, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of this EULA shall not be affected.
12.6 Versions of the Software Product may use content protection technology. The technical protection measures of the Software Product may require you to download certain data to your device in order to authenticate the Software Product. Certain files of the anti-tamper technology may remain even after the Software Product is uninstalled from your computer. If you disable or otherwise tamper with the technical protection measures, the Software Product may not operate properly and you are in material breach of this License.
Last updated July 25, 2019