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- Software License Agreement
- If My Heart Had Wings, is an animated visual novel computer game
- developed by MoeNovel, (henceforth "Our Brand"), that is available for
- purchase from retail stores and downloadable from the internet.
- MoeNovel authorizes the right to use the installed software
- (henceforth "This Software"), provided to customers and users via
- download or by other means, under the conditions that follow.
- The following terms and conditions govern the user's
- (henceforth "you" or "your") use of This Software and the website where
- This Software is downloadable from.
- By clicking the "I Accept" button, playing and installing this game,
- or by using the website, you agree to all of the terms and conditions
- and acknowledge that you are forming a legally binding contract that is
- enforceable by the law.
- Should you disagree to any of the terms of conditions, clicking on the
- "I do not agree" button allows you to exit from the installation and
- thus, prevents you from playing the game.
- Article 1 (Requirements and Agreement)
- This agreement is a legally binding contract between you and Our Brand.
- By clicking "I Agree", you affirm that you are at least 18 years
- of age or have reviewed this Agreement with your parent or guardian who
- assents to these Terms and Conditions on your behalf and takes full
- responsibility for your compliance with them.
- By downloading This Software, you agree that you and /or your parent
- or guardian are fully able and competent to enter into the terms,
- conditions, obligations, representations and responsibilities set forth
- in these Terms and Conditions and agree to abide and comply with these
- Terms and Conditions. You also agree that the limitations, limited
- guarantee and limit of responsibilities set out in this Agreement are
- reasonable. You further agree that you are responsible for ensuring
- that you and/or your child is aware of, understands, and complies with
- this Agreement.
- Article 2 (Recommended Age)
- This Software includes love and adult expressions. Please be aware that
- users of This Software must be at least 12 years of age. Users younger
- than 12 years of age must have lawful guardians or parents by their
- side and must have their lawful guardians or parents provide
- appropriate guidance when viewing and using This Software.
- This Software is currently undergoing an age rating application and
- you and/or your child understands this is the recommended age.
- Should the rating be published, this Article will be changed to comply
- with the ratings obtained.
- Article 3 (Copyright)
- The intellectual property rights such as copyrights, titles, and
- content (including but not limited to, copyrights, computer codes,
- characters, character names, story lines, dialog, artwork, graphics
- and character likeness) in This Software belongs to either Our Brand,
- or are obtained with a legitimate license from a third party.
- This Software is protected by the Copyright Act of Japan and other
- nations, and associated treaties. You are not allowed to republish,
- sub-license material, reproduce, duplicate, copy or otherwise exploit
- material for commercial purposes unless you are authorized to do so.
- Article 4 (Authorization of Rights)
- 1 Using This Software, you acquire nonexclusive usage rights for
- This Software based on this contract, in accordance to the articles of
- this contract.
- You may install and use This Software on the HDD or other storage
- devices equipped to the customer's PC.
- 2 You may reproduce This Software strictly for the purpose of
- back up or maintenance.
- Article 5 (Limitations)
- 1 You may not perform modifications, reverse-engineer, decompile,
- or reverse assemble This Software by any methods. However this does not
- extend to cases in which this is deemed lawful.
- 2 You may not fully or partially use or reproduce This Software
- for any reasons other than those explicitly authorized in this contract.
- 3 You do not have the right to authorize the use of This Software,
- may not sell This Software to a third party, nor can you loan or lease
- This Software.
- Article 6 (Limited Guarantee)
- This Software is provided under its present conditions with a limited
- guarantee. Our Brand explicitly and implicitly guarantees for the sold
- product(s) under the condition that it has not been used. Any missing
- item(s) or damage to the disc or contents of the unused sold product
- will be replaced, free of charge, at the liability of the company.
- Our Brand does not provide guarantee for any damage done to the sold
- product(s) after usage. Our Brand does not guarantee for any problems
- that might occur while using This Software, nor the implications that
- might occur while running This Software. You must take note of the
- requirements of the hardware required to run This Software. Our Brand
- does not take responsibility for the misjudgment of the user should
- This Software not run on a hardware that does not meet the recommended
- specifications. Any expenses or damage incurred after and/or during
- the use of the product shall be your sole responsibility.
- Article 7 (Limit of Responsibilities)
- Our Brand does not take responsibility for any consequential,
- incidental, or punitive damages in regards to this contract or any other
- cases. You exempt Our Brand from any compensation or responsibility in
- regards to claims from a third party regarding use of This Software,
- and assume the role of the sole guarantor.
- Article 8 (Other parties)
- You accept that Our Brand has an interest in limiting the personal
- liability of its officers and employees. You agree that you will not
- bring any claim against Our Brand's officers or employees with any loss
- that you might incur while playing the game. You agree that the
- limitations, limited guarantee, and limit of responsibilities are
- reasonable and will protect Our Brand's officers, employees, agents,
- subsidiaries, successors, assigns and sub-contractors, as well as
- Our Brand.
- Article 9 (Contract Period)
- 1 This contract takes effect on the day you download This Software
- or install it on hardware, and it shall retain its validity unless it is
- terminated under the following conditions.
- 2 If you violate one or more of the articles of this contract, Our
- Brand retains the right to promptly terminate this contract without any
- prior notification.
- In such cases, Our Brand can demand compensation for damages caused by
- any violation.
- Furthermore, when this contract is terminated, you must immediately
- destroy This Software and any saved data on hardware.
- Article 10 (Export Management)
- You agree not to ship, transport, or export This Software, or any
- included data or technology, to any nation prohibited by Japan or other
- related nations.
- Article 11 (Other)
- This Contract is governed by Japanese federal laws. Disputes in regards
- to or caused by this contract are to be settled at the first hearing of
- an exclusive agreement jurisdictional court, in a court of justice
- designated by Our Brand.
- You hereby acknowledge that you have read and understand the terms and
- conditions of this agreement and agree that selecting the "I Accept"
- button, downloading or using This Software, serves as an acknowledgement
- of your agreement to be bound by the terms and conditions of this
- agreement.
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