CREATIVERSE™ END-USER LICENSE AGREEMENT
August 6, 2014
THIS EULA IS A LEGAL AGREEMENT BETWEEN YOU, HEREINAFTER SOMETIMES REFERRED TO AS “YOU,” “END USER,” OR “LICENSEE,” AND PLAYFUL CORP. REFERRED TO AS “US,” “WE,” OR “PLAYFUL” FOR GAME SOFTWARE. ANY AND ALL USES OF THE GAME SOFTWARE ARE GOVERNED BY THE TERMS OF THIS EULA.
BY SELECTING “I ACCEPT” TO INSTALL THE GAME SOFTWARE, YOU WARRANT THAT YOU ARE AT LEAST 13 YEARS OF AGE AND AGREE TO THE TERMS SET FORTH IN THIS END-USER LICENSE AGREEMENT (THE “EULA”) ON BEHALF OF YOURSELF OR ON BEHALF OF YOUR CHILD OR WARD, AS THE CASE MAY BE. IF YOU HAVE NOT ATTAINED THE AGE OF MAJORITY, YOU REPRESENT THAT YOU HAVE OBTAINED THE NECESSARY PERMISSION IN THE FORM REQUIRED BY LAW FROM YOUR PARENTS OR OTHER LEGAL REPRESENTATIVES.
YOUR USE OF THE GAME SOFTWARE IS ALSO SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN THE STEAM™ SUBSCRIBER AGREEMENT AND/OR ANY OTHER TERMS SET FORTH BY VALVE CORPORATION IN RELATION TO THE STEAM SERVICE.
1.0 GAME SOFTWARE
The Game Software, as used in this EULA, means, collectively and/or as applicable:
A. Any and all contents, components, attachments, software, media, plug-ins, and code with which this EULA is provided and delivered via disk or download of the video game Creativerse™;
B. Any and all game design, characters, images, graphics, photographs, art, art work, clip art, text, fonts, music, sounds, voices or other sensory content (the “Game Content”);
C. Any and all data generated by or within the game itself, including but not limited to, save data; (collectively “Game Data”);
D. Any and all user-created characters, construction, or objects; third-party characters, construction, or objects; screen-shots or captured video of game play (collectively “User-Generated Game Data”);
E. Related explanatory written materials and instructions, and any other possible documentation related thereto (“Documentation”);
F. Packaging; and
G. Upgrades, modified versions, updates, additions, expansion packs and copies of the Game Software (the “Upgrades”), if any, provided to You by Us under this EULA. The terms of this EULA will govern any Upgrades provided by Us that replace and/or supplement the original or previous version of Game Software, unless such Upgrade is accompanied by a separate license in which case the terms of that license will govern.
2.0 LICENSE
2.1 Grant
Subject to the terms and conditions of the EULA, including without limitation the payment of any required license fees by You, We grant You a non-exclusive, non-transferable license to (1) install the Game Software on the local hard disk(s) or other permanent storage media of a computer, or, on other game play devices owned by You or under Your legitimate control (each a “Unit”); and (2) use the Game Software for non-commercial entertainment purposes only. You may physically transfer the Game Software between Units.
The Game Software is licensed, not sold, to You by Us for use only under the terms and conditions of this EULA and is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The rights granted herein are limited to Our intellectual property rights in the Game Software, and those of our licensors, and do not include any other patents or intellectual property rights. The Game Software may contain license management software (also known as digital rights management software) that restricts Your use of the Game Software.
2.2 Restrictions on Use
We are excited about CreativerseTM and encourage You to share screenshots, make videos of game play, discuss strategies, and post links. However, any such authorized display, modification, reproduction and distribution of any Game Content, Game Data, or User-Generated Game Data shall be in full accord with this EULA. Under no circumstances will Your use, display, modification, reproduction and distribution of the Game Content or Game Data give You any intellectual property or proprietary rights in the Game Content or Game Data or in any logos and/or trade or service marks of PLAYFUL. All rights, title, and interests belong solely to Us and Our licensors.
We encourage You to create User-Generated Game Data, but You warrant that, in doing so, You will not infringe third-party intellectual property rights in preparation of said User-Generated Game Data. Upon notification, We may remove infringing content in accordance with Our Take Down Policy.
Except for the initial loading of the Game Software on a single Unit You shall not, without Our express written consent:
(a) Copy or reproduce, auction, loan, rent, lease, sublicense, gift or transfer the Game Software;
(b) Modify, adapt, translate, reverse engineer, derive source code from, disassemble, decompile or create derivative works based on the Game Software or any accompanying materials, except to the extent allowed under any applicable law or expressly allowed by Us.
Any use of the Game Software in violation of these limitations will be regarded as an infringement of Our copyrights in and to the Game Software.
Obviously, we cannot have You hacking our software. Therefore, by accepting the terms of this EULA, You further agree that You will not, under any circumstances:
(a) Modify the Game Software in any way, including but not limited to the use, development, or sale of cheats, automation software (bots), hacks, mods, whether developed by You or a third party;
(b) Exploit the Game Software for any commercial purpose, including without limitation (1) use at a cyber café, computer gaming center or any other location-based site; (2) for gathering in-game currency, items or resources for sale outside the Game Software; or (3) for performing in-game services in exchange for payment outside the Game Software;
(c) Remove, disable, modify, deface, or circumvent any security protections, proprietary notices or labels contained on or within the Game Software;
(d) Export or re-export the Game Software or any copy or adaptation in violation of any applicable laws or regulations;
(e) Create data or executable programs that mimic data or functionality in the Game Software;
(f) Use any unlawful, obscene, pornographic, provocative, racist, libelous, abusive, harassing, tortious, defamatory, vulgar, or hateful language or language invasive of another’s privacy on the forums and chats relating to the Game Software;
(g) Submit any content containing unsolicited or unauthorized advertising, chain letters, pyramid schemes, or any other form of solicitation or to submit any content containing software viruses or malware of any kind; or
(h) Solicit or attempt to solicit other Game Software user’s personal information or collect or post their private information.
Any use of the Game Software in violation of these limitations will be regarded as an infringement to this EULA and will be pursued to the fullest extent permissible under the law.
2.3 PLAYFUL’S Right to Modify and Suspend
Like any good game company, We hope to provide You with support services related to the Game Software (“Support Services”), however, We reserve the right to alter, suspend, and terminate the Support Services at any time and for any reason. You can contact Us for Support Services at support@playfulcorp.com.
PLAYFUL shall have the right, at any time, without notice to You to: (1) unilaterally suspend or modify the Game Software process(es) and/or the Game Software conditions; (2) modify or delete any information posted by You on the forum and chats relating to the Game Software, including statements and declarations; and (3) improve or modify the Game Software, or any part of it at any time. The Game Software is intended to be experienced in its current version. All provisions of this EULA that refer to the “Game Software” shall also include all such patches, updates and modifications. We have no obligation to monitor information posted by You or anyone else.
Naturally, We will take reasonable precautions to preserve the User Generated Game Data created by You. However, where accidents or unforeseeable circumstances do occur, YOU AGREE TO HOLD US HARMLESS FOR ANY GAME CONTENT, GAME DATA, OR USER GENERATED GAME DATA REMOVED, LOST, OR CORRUPTED.
WE MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO GAME SOFTWARE OR PORTIONS THEREOF IF YOU ARE, OR IF WE SUSPECT THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THE TERMS IN THIS EULA OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE GAME SOFTWARE, WITH OR WITHOUT NOTICE TO YOU. YOU CAN LOSE YOUR USER NAME AND PERSONA AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, AS WELL AS ANY BENEFITS, PRIVILEGES, EARNED ITEMS AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICE, AND WE ARE UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.
2.4 Intellectual Property Ownership
Creativerse™ is a social game and We therefore encourage you to produce and share User-Generated Game Data such as screen-shots and movies of game play. By the same token, we may from time to time showcase User-Generated Game Data created by you. YOU AGREE TO EXTEND A NON-EXCLUSIVE, TRANSFERABLE, SUB-LICENSABLE, ROYALTY-FREE, WORLDWIDE LICENSE TO USE USER-GENERATED GAME DATA CREATED BY YOU AND TO REPRODUCE, PREPARE DERIVATIVE WORKS OF, DISTRIBUTE COPIES OF, PUBLICALLY PERFORM, PUBLICALLY DISPLAY, OR DIGITALLY TRANSMIT SAID USER-GENERATED GAME DATA CREATED BY YOU.
You agree and acknowledge that all title, ownership rights, and intellectual property rights connected with the Game Software and any and all copies thereof (including but not limited to any game data, game content, 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 Game Software, and any related documentation) are owned by Us or Our licensors. In addition, we may collect and aggregate data about your usage of the Game Software, and We shall be the sole owner of such information. WE SHALL OWN AND RETAIN, AND YOU AGREE TO ASSIGN TO US, ALL RIGHT, TITLE, AND INTEREST TO ALL GAME CONTENT AND GAME DATA.
You shall not provide Your password to, or otherwise provide access to the Game Software to, any other individual. Except as expressly provided in the STEAM™ subscriber agreement, You shall not permit any third party to: (i) modify, adapt, alter, translate, or create derivative works from the Game Software; (ii) merge the Game Software with other software or other content, whether online or otherwise; (iii) sub-license, distribute, sell, provide for service bureau use, lease, rent, loan, or otherwise transfer the Game Software (or access to the Game Software) to any third party; (iv) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code for the Game Software; (v) remove or alter any notices in the Game Software; (vi) otherwise use on any other equipment or copy the Game Software except as expressly permitted; or (vii) use the Game Software in violation of any applicable laws, rules or regulations.
2.5 Your Obligations as an End User
You agree to take appropriate measures to ensure the safety of Your account in the Game Software and to maintain passwords and to prevent unauthorized use by a third party. If You have reason to believe that third parties have obtained such information or can obtain it, You shall immediately inform Us and change Your security data. Unauthorized access by any third parties to Your personal information, account, and in-game currency account in the Game Software is strictly forbidden. You agree and acknowledge that You will not sell, give or transfer Your account, in-game currency account, or personal information to any third parties. In addition, You are responsible for any actions taken under Your account.
2.6 Personal Data
We have the right to collect certain personal information from You to facilitate Game Software updates, product support, and other services related to the Game Software. This information includes, but is not limited to Your age, username, country of residence, IP address, computer configuration, and software usage. PLAYFUL may use this information to improve its products and/or provide You and other players additional and new services or technologies. This information will not be sold or transferred to any third party without Your prior consent. For more information, see our Privacy Policy (click here).
2.7 Comments
We encourage suggestions, ideas, enhancement requests, feedback, recommendations, data, content, or other information provided by You (collectively, “Comments”). To ensure these Comments can be put to use, You agree that such disclosure, submission or offer of any Comments shall constitute an assignment to Us of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments, and We are thus under no obligation to (i) maintain any Comments in confidence; (ii) to pay any compensation for any Comments, or (iii) to respond to any Comments.
2.8 Hold Harmless.
You hereby agree to indemnify, defend and hold harmless PLAYFUL and its affiliates and their respective officers, employees, directors, agents, licensees (excluding You), sublicensees (excluding You), successors and assigns from and against any and all liability, costs, losses, damages, and expenses (including reasonable attorneys’ fees and expenses) arising out of any claim, suit, or cause of action relating to and/or arising from (a) Your breach of any term of this EULA; (b) Your violation of any rights of any third party; (c) Your use or misuse of the Game Software; or (d) modification or updates by PLAYFUL or its affiliates of the Game Software. Your indemnification obligations set forth in the immediately preceding sentence shall survive the termination of this EULA.
3.0 TERM OF AGREEMENT AND TERMINATION
It is our hope that You enjoy Creativerse™ and continue to play it for years to come. If you choose to stop playing, You, as licensee, may terminate it at any time by removing all copies, full or partial, of the Game Software and removing all of its component parts and deleting all User-Generated Game Data prepared by You. Likewise, We may terminate this EULA at any time for any reason. Upon such termination, all licenses granted herein shall immediately terminate and You shall cease all use of the Game Software and must immediately and permanently destroy all copies of the Game Software in Your possession and control and remove any Game Software that has been saved on Your Unit. The term of this EULA runs concurrently with the period during which the consumer uses and retains the Game Software. If the Game Software is transferred (to the extent allowed under this EULA), the license is transferred with it.
Except as otherwise specified in the Steam™ Subscriber Agreement, Your rights under this EULA will terminate automatically without notice from Us if You fail to comply with any term(s) or condition(s) of this EULA. In such event, no notice shall be required by Us to effect such termination, but We may choose to provide notice.
4.0 DISCLAIMER OF WARRANTIES
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE GAME SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, AND ACCURACY IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE GAME SOFTWARE IS PROVIDED “AS IS,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND PLAYFUL AND PLAYFUL’S AFFILIATES (COLLECTIVELY REFERRED TO AS “PLAYFUL” FOR THE PURPOSES OF SECTIONS 4.0 AND 5.0) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE GAME SOFTWARE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. PLAYFUL DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE GAME SOFTWARE, THAT THE FUNCTIONS CONTAINED IN THE GAME SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE GAME SOFTWARE OR THE ADDITIONAL SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE GAME SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PLAYFUL OR A PLAYFUL AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE GAME SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
5.0 LIMITATION ON DAMAGES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PLAYFUL, ITS AFFILIATES OR LICENSEES, BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF IN-GAME CURRENCY AND VALUES OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE GAME SOFTWARE OR GAME SOFTWARE UPDATE OR DEFECT IN OR CAUSED BY THE GAME SOFTWARE, INCLUDING BUT NOT LIMITED TO COMPROMISING THE SECURITY OF YOUR UNIT, OPERATING SYSTEM OR FILES, OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF PLAYFUL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Playful does not accept liability for: (1) any possible criminal actions committed by You; (2) statements of You, made or published on the forums and chats relating to the Game Software, or Your behavior in the Game, including the conduct, manner and ideology of the in-game characters, managed by You, actions of in-game characters in the Game Software, disrespect for other Game Software users and their in-game characters; (3) the loss of access means by You or other Game Software users to their in-game accounts (loss of login, password, and/or other information required for participation to the Game Software); and (4) the loss of Your in-game currency and values provided by the Game Software or purchased or earned by You.
IN ANY CASE, PLAYFUL’S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE SOLELY LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE GAME SOFTWARE (EXCLUDING THE AMOUNT PAID BY YOU TO GET IN-GAME CURRENCY) OR REPLACEMENT OF THE GAME SOFTWARE WITH A PRODUCT OF COMPARABLE RETAIL VALUE, AS PLAYFUL MAY ELECT IN ITS SOLE DISCRETION.
Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law, or $100.00, whichever is less.
6.0 DEFECTS AND SECURITY WARNING
WITHOUT LIMITING THE FOREGOING, WE DO NOT ENSURE CONTINUOUS, ERROR-FREE, SECURE, OR VIRUS-FREE OPERATION OF THE GAME SOFTWARE.
WARNING: BY INSTALLATION AND/OR USE OF THE GAME SOFTWARE, YOU MAY BE INSTALLING INTO YOUR UNIT SOFTWARE THAT IS ALLEGED OR MAY BE ALLEGED TO COMPROMISE THE SECURITY OF YOUR UNIT, ITS OPERATING SYSTEM AND FILES. IF AT ANY TIME YOU WISH TO UNINSTALL THE GAME SOFTWARE BECAUSE YOU BELIEVE THE SECURITY OF YOUR UNIT, OPERATING SYSTEM OR FILES MAY BE OR HAVE BEEN COMPROMISED, YOU MAY NEED TO EXECUTE A SEPARATE ROUTINE TO UNINSTALL THE FEATURE THAT MAY BE COMPROMISING YOUR SECURITY. DAMAGES YOU MAY RECOVER FOR ANY SUCH ALLEGED SECURITY BREACHES ARE SUBJECT TO THE LIMITATION OF LIABILITY AS SET FORTH HEREIN.
7.0 ASSIGNMENT
You shall not have the right to assign or otherwise transfer Your rights or delegate Your duties under this EULA, by operation of law or otherwise, without Our express written consent. We may assign Our rights and delegate Our obligations under this EULA to any third party.
8.0 TERMS OF USE AND PRIVACY POLICY
From time to time We may post on Our Internet site or a third party website or otherwise include in the Game Software a Privacy Policy and/or Terms of Use. Any such Privacy Policy and/or Terms of Use, as the same may be amended by Us from time to time, is incorporated by reference as though set forth in its entirety herein. Use of the Game Software constitutes Your acceptance of any such Privacy Policy and/or Terms of Use as may be in effect at the time. Any changes to the Privacy Policy and/or Terms of Use will be effective only after the effective date of the change and will not affect any dispute arising prior to the effective date of the change.
9.0 CHOICE OF LAW AND JURISDICTION
THIS AGREEMENT, AND THE RIGHTS AND OBLIGATIONS OF YOU AND PLAYFUL CONCERNING THE GAME SOFTWARE, SHALL BE CONSTRUED AND ENFORCED UNDER TEXAS LAW AS SUCH LAW IS APPLIED TO AGREEMENTS BETWEEN TEXAS RESIDENTS ENTERED INTO AND TO BE PERFORMED WITHIN TEXAS, WITHOUT REGARD TO TEXAS’ CONFLICTS OF LAW PRINCIPLES. TO THE EXTENT ANY CLAIMS ARE GOVERNED BY FEDERAL LAW, SUCH FEDERAL LAW ALSO SHALL BE APPLICABLE. YOU AND PLAYFUL CONSENT TO THE EXCLUSIVE PERSONAL JURISDICTION OF THE STATE AND FEDERAL COURTS LOCATED IN HOUSTON, TEXAS IN CONNECTION WITH ANY CLAIM OR DISPUTE CONCERNING THIS AGREEMENT OR THE GAME SOFTWARE, AND YOU AND PLAYFUL WAIVE ANY OBJECTION BASED ON THE VENUE OR INCONVENIENCE OF SUCH FORUM. IF YOU ARE FROM OUTSIDE THE UNITED STATES, THE APPLICATION OF THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY EXCLUDED.
10.0 INTEGRATION
This EULA, Privacy Policy, Terms of Use, and Steam™ Subscriber Agreement represent the complete agreement between You and Us concerning the license and Your rights to use the Game Software, and supersedes all prior agreements and representations, warranties or understandings between You and Us (whether negligently or innocently made but excluding those made fraudulently), regarding the same subject matter. If any provision of this EULA is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and the remaining provisions of this EULA shall remain in full force and not be affected.
11.0 ARBITRATION AND CLASS ACTION WAIVER
Excluding claims for injunctive or other equitable relief, for claims related to the Game Software, any dispute or controversy arising out of or relating to this EULA, including without limitation, any and all disputes, claims (whether in tort, contract, statutory or otherwise) or disagreements concerning the existence, breach, interpretation, application or termination of this EULA shall be resolved by final and binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (the “AAA”) then in effect. There shall be no right or authority for any claims to be arbitrated on a class action basis. The arbitration shall take place in Houston, Texas or at the option of the party seeking relief, online, by telephone, online, or via written submissions alone, and be administered by JAMS. The arbitral tribunal (“Tribunal”) shall be composed of one arbitrator, who shall be independent and impartial. If the parties fail to agree on the arbitrator within twenty (20) calendar days after the initiation of arbitration hereunder, JAMS shall appoint the arbitrator. The arbitration shall be conducted in the English language. The decision of the arbitrator will be final and binding on the parties. Judgment on any award(s) rendered by the arbitrator may be entered in any court having jurisdiction thereof. Nothing in this Section shall prevent either party from seeking immediate injunctive relief from any court of competent jurisdiction, and any such request shall not be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate. The parties undertake to keep confidential all awards in their arbitration, together with all confidential information, all materials in the proceedings created for the purpose of the arbitration and all other documents produced by the other party in the proceedings and not otherwise in the public domain, save and to the extent that disclosure may be required of a party by legal duty, to protect or pursue a legal right or to enforce or challenge an award in legal proceedings before a court or other judicial authority. The arbitrator shall award all fees and expenses, including reasonable attorney’s fees, to the prevailing party. Any judgment rendered by the arbitrator may be entered in any court of competent jurisdiction.
12.0 MISCELLANEOUS
If either party’s performance of any obligation under this EULA, except for the payment of money owed when due, is prevented or delayed by an event beyond such party’s reasonable control, that party will be excused from such performance to the extent it is necessarily prevented or delayed thereby.
Our failure to exercise or enforce in any respect any right provided for herein shall not be deemed to be a waiver by Us of the same or any other right contained herein in the future. The provisions contained herein which would by their nature survive the termination or expiration of this EULA shall so survive.
We shall not be liable for any delay or failure to perform resulting from causes outside Our reasonable control, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Our control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.