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Konosora FD Trial EN EULA

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May 10th, 2013
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  1. Software License Agreement
  2.  
  3. If My Heart Had Wings, is an animated visual novel computer game
  4. developed by MoeNovel, (henceforth "Our Brand"), that is available for
  5. purchase from retail stores and downloadable from the internet.
  6. MoeNovel authorizes the right to use the installed software
  7. (henceforth "This Software"), provided to customers and users via
  8. download or by other means, under the conditions that follow.
  9. The following terms and conditions govern the user's
  10. (henceforth "you" or "your") use of This Software and the website where
  11. This Software is downloadable from.
  12. By clicking the "I Accept" button, playing and installing this game,
  13. or by using the website, you agree to all of the terms and conditions
  14. and acknowledge that you are forming a legally binding contract that is
  15. enforceable by the law.
  16. Should you disagree to any of the terms of conditions, clicking on the
  17. "I do not agree" button allows you to exit from the installation and
  18. thus, prevents you from playing the game.
  19.  
  20. Article 1 (Requirements and Agreement)
  21. This agreement is a legally binding contract between you and Our Brand.
  22. By clicking "I Agree", you affirm that you are at least 18 years
  23. of age or have reviewed this Agreement with your parent or guardian who
  24. assents to these Terms and Conditions on your behalf and takes full
  25. responsibility for your compliance with them.
  26. By downloading This Software, you agree that you and /or your parent
  27. or guardian are fully able and competent to enter into the terms,
  28. conditions, obligations, representations and responsibilities set forth
  29. in these Terms and Conditions and agree to abide and comply with these
  30. Terms and Conditions. You also agree that the limitations, limited
  31. guarantee and limit of responsibilities set out in this Agreement are
  32. reasonable. You further agree that you are responsible for ensuring
  33. that you and/or your child is aware of, understands, and complies with
  34. this Agreement.
  35.  
  36. Article 2 (Recommended Age)
  37. This Software includes love and adult expressions. Please be aware that
  38. users of This Software must be at least 12 years of age. Users younger
  39. than 12 years of age must have lawful guardians or parents by their
  40. side and must have their lawful guardians or parents provide
  41. appropriate guidance when viewing and using This Software.
  42. This Software is currently undergoing an age rating application and
  43. you and/or your child understands this is the recommended age.
  44. Should the rating be published, this Article will be changed to comply
  45. with the ratings obtained.
  46.  
  47. Article 3 (Copyright)
  48. The intellectual property rights such as copyrights, titles, and
  49. content (including but not limited to, copyrights, computer codes,
  50. characters, character names, story lines, dialog, artwork, graphics
  51. and character likeness) in This Software belongs to either Our Brand,
  52. or are obtained with a legitimate license from a third party.
  53. This Software is protected by the Copyright Act of Japan and other
  54. nations, and associated treaties. You are not allowed to republish,
  55. sub-license material, reproduce, duplicate, copy or otherwise exploit
  56. material for commercial purposes unless you are authorized to do so.
  57.  
  58. Article 4 (Authorization of Rights)
  59. 1 Using This Software, you acquire nonexclusive usage rights for
  60. This Software based on this contract, in accordance to the articles of
  61. this contract.
  62. You may install and use This Software on the HDD or other storage
  63. devices equipped to the customer's PC.
  64.  
  65. 2 You may reproduce This Software strictly for the purpose of
  66. back up or maintenance.
  67.  
  68. Article 5 (Limitations)
  69. 1 You may not perform modifications, reverse-engineer, decompile,
  70. or reverse assemble This Software by any methods. However this does not
  71. extend to cases in which this is deemed lawful.
  72.  
  73. 2 You may not fully or partially use or reproduce This Software
  74. for any reasons other than those explicitly authorized in this contract.
  75.  
  76.  
  77. 3 You do not have the right to authorize the use of This Software,
  78. may not sell This Software to a third party, nor can you loan or lease
  79. This Software.
  80.  
  81. Article 6 (Limited Guarantee)
  82. This Software is provided under its present conditions with a limited
  83. guarantee. Our Brand explicitly and implicitly guarantees for the sold
  84. product(s) under the condition that it has not been used. Any missing
  85. item(s) or damage to the disc or contents of the unused sold product
  86. will be replaced, free of charge, at the liability of the company.
  87. Our Brand does not provide guarantee for any damage done to the sold
  88. product(s) after usage. Our Brand does not guarantee for any problems
  89. that might occur while using This Software, nor the implications that
  90. might occur while running This Software. You must take note of the
  91. requirements of the hardware required to run This Software. Our Brand
  92. does not take responsibility for the misjudgment of the user should
  93. This Software not run on a hardware that does not meet the recommended
  94. specifications. Any expenses or damage incurred after and/or during
  95. the use of the product shall be your sole responsibility.
  96.  
  97. Article 7 (Limit of Responsibilities)
  98. Our Brand does not take responsibility for any consequential,
  99. incidental, or punitive damages in regards to this contract or any other
  100. cases. You exempt Our Brand from any compensation or responsibility in
  101. regards to claims from a third party regarding use of This Software,
  102. and assume the role of the sole guarantor.
  103.  
  104. Article 8 (Other parties)
  105. You accept that Our Brand has an interest in limiting the personal
  106. liability of its officers and employees. You agree that you will not
  107. bring any claim against Our Brand's officers or employees with any loss
  108. that you might incur while playing the game. You agree that the
  109. limitations, limited guarantee, and limit of responsibilities are
  110. reasonable and will protect Our Brand's officers, employees, agents,
  111. subsidiaries, successors, assigns and sub-contractors, as well as
  112. Our Brand.
  113.  
  114. Article 9 (Contract Period)
  115. 1 This contract takes effect on the day you download This Software
  116. or install it on hardware, and it shall retain its validity unless it is
  117. terminated under the following conditions.
  118.  
  119. 2 If you violate one or more of the articles of this contract, Our
  120. Brand retains the right to promptly terminate this contract without any
  121. prior notification.
  122.  
  123. In such cases, Our Brand can demand compensation for damages caused by
  124. any violation.
  125.  
  126. Furthermore, when this contract is terminated, you must immediately
  127. destroy This Software and any saved data on hardware.
  128.  
  129. Article 10 (Export Management)
  130. You agree not to ship, transport, or export This Software, or any
  131. included data or technology, to any nation prohibited by Japan or other
  132. related nations.
  133.  
  134. Article 11 (Other)
  135. This Contract is governed by Japanese federal laws. Disputes in regards
  136. to or caused by this contract are to be settled at the first hearing of
  137. an exclusive agreement jurisdictional court, in a court of justice
  138. designated by Our Brand.
  139.  
  140. You hereby acknowledge that you have read and understand the terms and
  141. conditions of this agreement and agree that selecting the "I Accept"
  142. button, downloading or using This Software, serves as an acknowledgement
  143. of your agreement to be bound by the terms and conditions of this
  144. agreement.
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