END USER LICENSE AGREEMENT
PLEASE READ CAREFULLY.
By installing, copying, or otherwise using the Glider Profiles and Pather Tasks, by installing, copying or otherwise using the Glider Profiles and Pather Tasks, s (defined below), you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, you are not permitted to install, copy, or use the Glider Profiles and Pather Tasks, .
This pre-made Glider Profiles and Pather Tasks, , and any files that are delivered to you by ProfilePacks.com (via on-line transmission or otherwise) to "patch," update, or otherwise modify the pre-made Glider Profiles and Pather Tasks, , as well as any printed materials and any on-line or electronic documentation (the "Manual"), and any and all copies and derivative works of such pre-made profiles and Manual (collectively, with the profiles, defined below, the "Glider Profiles and Pather Tasks, ") is the work of ProfilePacks.com. Any and all uses of the Glider Profiles and Pather Tasks, are governed by the terms of this End User License Agreement ("License Agreement" or "Agreement"). The Glider Profiles and Pather Tasks, may only be played by obtaining it from ProfilePacks.com. The Glider Profiles and Pather Tasks, are distributed solely for use by authorized end users according to the terms of the License Agreement. Any use, reproduction, modification or distribution of the Glider Profiles and Pather Tasks, not expressly authorized by the terms of the License Agreement is expressly prohibited.
1. Service and Terms of Use. As mentioned above, you must accept the Terms of Use in order to access and to play the Glider Profiles and Pather Tasks, .
2. Ownership.
A. All title, ownership rights and intellectual property rights in and to the Glider Profiles and Pather Tasks, and all copies thereof (including without limitation any titles, computer code, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artwork, character inventories, structural or landscape designs, animations, sounds, musical compositions and recordings, audio-visual effects, storylines, character likenesses, methods of operation, moral rights, and any related documentation) are created and owned by ProfilePacks.com. The Glider Profiles and Pather Tasks, are protected by the copyright laws of the United States, international treaties and conventions, and other laws. The Glider Profiles and Pather Tasks, may contain materials licensed by third parties, and the licensors of those materials may enforce their rights in the event of any violation of this License Agreement.
B. You MAY NOT transfer any or all of your rights and obligations under the License Agreement to another by physically or electronically transferring the original media. Should you transfer such media you will be held solely responsible for any fees, charges, duties, withholdings, assessments, and the like, together with any interest, penalties, and additions imposed in connection with such transfer.
3. Responsibilities of End User.
A. Subject to the license granted hereunder, you may not, in whole or in part, copy, photocopy, reproduce, translate, reverse engineer, derive source code from, modify, disassemble, decompile, or create derivative works based on the Glider Profiles and Pather Tasks, , or remove any proprietary notices or labels on the Glider Profiles and Pather Tasks, . Failure to comply with the restrictions and limitations contained in this Section 3 shall result in the immediate, automatic termination of the license granted hereunder and may subject you to civil and/or criminal liability.
B. You agree that you shall not, under any circumstances,
(i) sell, grant a security interest in or transfer reproductions of the Glider Profiles and Pather Tasks, to other parties in any way not expressly authorized herein, nor shall you rent, lease or license the Glider Profiles and Pather Tasks, to others;
(ii) exploit the Glider Profiles and Pather Tasks, or any of its parts for any commercial purpose without the express written consent of ProfilePacks.com;
4. Termination. This License Agreement is effective until terminated. You may terminate the License Agreement at any time by (i) permanently destroying all copies of the Glider Profiles and Pather Tasks, in your possession or control; and (iii) notifying ProfilePacks.com of your intention to terminate this License Agreement. ProfilePacks.com may terminate this Agreement at any time for any reason or no reason. In such event, you must immediately and permanently destroy all copies of the Glider Profiles and Pather Tasks, in your possession and control. Upon termination of this Agreement for any reason, all licenses granted herein shall immediately terminate.
5. Export Controls. The Glider Profiles and Pather Tasks, may not be re-exported, downloaded or otherwise exported into (or to a national or resident of) any country to which the U.S. has embargoed goods, or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. You represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
Coming Soon : Level 60-70 Profile Packs with Vendor / Glider Support to help those of you set up glider to work / 1-60 continous glides that will move from profile to profile for you / Level 70 Farm Glides.
6. Limited Warranty. THE GLIDER PROFILES AND PATHER TASKS, (INLUDING WITHOUT LIMITATION THE MANUAL(S)) IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. The entire risk arising out of use or performance of the Glider Profiles and Pather Tasks, (including without limitation the Manual(s)) remains with the user.
7. Limitation of Liability, Indemnity. PROFILEPACKS.COM SHALL NOT BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING OUT OF THE GLIDER PROFILES AND PATHER TASKS, OR ANY USE OF THE GLIDER PROFILES AND PATHER TASKS, , INCLUDING WITHOUT LIMITATION LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES. FURTHER, PROFILEPACKS.COM SHALL NOT BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE TO PLAYER CHARACTERS, VIRTUAL GOODS (E.G., ARMOR, POTIONS, WEAPONS, ETC.) OR CURRENCY, ACCOUNTS, STATISTICS, OR USER STANDINGS, RANKS, OR PROFILES INFORMATION STORED BY THE GLIDER PROFILES AND PATHER TASKS, . PROFILEPACKS.COM SHALL NOT BE RESPONSIBLE FOR ANY INTERRUPTIONS OF SERVICE, INCLUDING WITHOUT LIMITATION ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES, OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE. IN NO EVENT WILL PROFILEPACKS.COM BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES. In no event shall ProfilePacks.com's liability, whether arising in contract, tort, strict liability or otherwise, exceed (in the aggregate) the total fees paid by you to ProfilePacks.com during the six (6) months prior to the time such claim arose. You hereby agree to defend, indemnify and hold ProfilePacks.com harmless from and against any claim, liability, loss, injury, damage, cost or expense (including reasonable attorneys' fees) incurred by ProfilePacks.com arising out of or from your use of the Glider Profiles and Pather Tasks, . Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you.
8. Equitable Remedies. You hereby agree that ProfilePacks.com would be irreparably damaged if the terms of this License Agreement were not specifically enforced, and therefore you agree that ProfilePacks.com shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this License Agreement, in addition to such other remedies as ProfilePacks.com may otherwise have available to it under applicable laws. In the event any litigation is brought by either party in connection with this License Agreement, the prevailing party in such litigation shall be entitled to recover from the other party all the costs, attorneys' fees and other expenses incurred by such prevailing party in the litigation.
13. Changes to the Agreement. ProfilePacks.com reserves the right, at its sole discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this License Agreement when ProfilePacks.com upgrades the Glider Profiles and Pather Tasks, , effective upon prior notice as follows: ProfilePacks.com will post notification of any such changes to this License Agreement on the ProfilePacks.com website and will post the revised version of this License Agreement in this location, and may provide such other notice as ProfilePacks.com may elect in its sole discretion. If any future changes to this License Agreement are unacceptable to you or cause you to no longer be in compliance with this License Agreement, you may terminate this License Agreement in accordance with Section 4 herein. Your installation and use of any updates or modifications to the Glider Profiles and Pather Tasks, or your continued use of the Glider Profiles and Pather Tasks, following notice of changes to this Agreement will demonstrate your acceptance of any and all such changes. ProfilePacks.com may change, modify, suspend, or discontinue any aspect of the Glider Profiles and Pather Tasks, at any time. ProfilePacks.com may also impose limits on certain features or restrict your access to parts or all of the Glider Profiles and Pather Tasks, without notice or liability. You have no interest, monetary or otherwise, in any feature or content contained in the Glider Profiles and Pather Tasks, .
8. Dispute Resolution and Governing Law
a. Informal Negotiations. To expedite resolution and control the cost of any dispute, controversy or claim related to this License Agreement (“Dispute”), you and ProfilePacks.com agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least 30 days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other. ProfilePacks.com will send its notice to your billing address and email you a copy to the email address you have provided to us. You will send your notice to ProfilePacks.com, P.O. Box 90921 Santa Barbara, Ca 93103.
b. Binding Arbitration. If you and ProfilePacks.com are unable to resolve a Dispute through informal negotiations, either you or ProfilePacks.com may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association and, where appropriate, the Supplementary Procedures for Consumer Related Disputes, both of which are available that the AAA website www.adr.org. The determination of whether a Dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, ProfilePacks.com will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this License Agreement, you and ProfilePacks.com may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
c. Restrictions. You and ProfilePacks.com agree that any arbitration shall be limited to the Dispute between ProfilePacks.com and you individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
d. Exceptions to Informal Negotiations and Arbitration. You and ProfilePacks.com agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or ProfilePacks.com’s intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (3) any claim for injunctive relief.
e. Location. If you are a resident of the United States, any arbitration will take place at any reasonable location convenient for you. For residents outside the United States, any arbitration shall be initiated in the County of Santa Barbara, State of California, United States of America. Any Dispute not subject to arbitration (other than claims proceeding in any small claims court), or where no election to arbitrate has been made, shall be decided by a court of competent jurisdiction within the County of Santa Barbara, State of California, United States of America, and you and ProfilePacks.com agree to submit to the personal jurisdiction of that court.
f. Governing Law. Except as expressly provided otherwise, this License Agreement shall be is governed by, and will be construed under, the Laws of the United States of America and the law of the State of Delaware, without regard to choice of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. For our customers who purchased a license to the Glider Profiles and Pather Tasks, in, and are a resident of, Canada, Australia, Singapore, or New Zealand, other laws may apply if choose not to agree to arbitrate as set forth above, and in such an event, shall affect this Agreement only to the extent required by such jurisdiction. In such a case, this Agreement shall be interpreted to give maximum effect to the terms and conditions hereof. If you purchased your license to the Glider Profiles and Pather Tasks, in New Zealand, and are a resident of New Zealand, The New Zealand Consumer Guarantees Act of 1993 ("Act") may apply to the Glider Profiles and Pather Tasks, and/or the Service as supplied by ProfilePacks.com to you. If the Act applies, then notwithstanding any other provision in this License Agreement, you may have rights or remedies as set out in the Act which may apply in addition to, or, to the extent that they are inconsistent, instead of, the rights or remedies set out in this License Agreement. Those who choose to access the Service from locations outside of the United States, Canada, Australia, Singapore, or New Zealand do so on their own initiative and are responsible for compliance with local laws if and to the extent local laws are applicable.
g. Severability. You and ProfilePacks.com agree that if any portion Section 8 is found illegal or unenforceable (except any portion of 8(d)) that portion shall be severed and the remainder of the Section shall be given full force and effect. If Section 8(d) is found to be illegal or unenforceable then neither you nor ProfilePacks.com will elect to arbitrate any Dispute falling within that portion of Section 8(d) found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the County of Santa Barbara, State of California, United States of America, and you and ProfilePacks.com agree to submit to the personal jurisdiction of that court.
9. Miscellaneous. This License Agreement constitutes and contains the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior oral or written agreements, provided, however, that this Agreement shall coexist with, and shall not supersede, the Terms of Use. To the extent that the provisions of this Agreement conflict with the provisions of the Terms of Use, the conflicting provisions in the Terms of Use shall govern.
I hereby acknowledge that I have read and understand the foregoing License Agreement and agree that by clicking the Buy Button or installing or using the Glider Profiles and Pather Tasks, I am acknowledging my agreement to be bound by the terms and conditions of this License Agreement.
