END USER LICENSE AGREEMENT (EULA)
NOTICE TO END USER: PLEASE CAREFULLY READ THIS END USER LICENSE AGREEMENT (THIS “EULA”) BEFORE ACCESSING AND/OR USING THE RAPTOR NETWORK PROVIDED WITH THIS EULA. THIS EULA IS A LEGALLY BINDING AGREEMENT BETWEEN ULTRAMARINE HOLDINGS, LLC (“ULTRAMARINE” OR “WE” OR “US”) AND THE INDIVIDUAL USER OF THE RAPTOR NETWORK (THE “USER” OR “YOU”), AND GOVERNS THE USER’S USE OF THE RAPTOR NETWORK.
BY ACCESSING AND/OR USING THE RAPTOR NETWORK, YOU, AS A USER, ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS EULA AND THAT YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS EULA. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS EULA, YOU SHOULD NOT ACCESS THE RAPTOR NETWORK AND YOU ARE NOT AUTHORIZED TO ACCESS OR USE THE RAPTOR NETWORK. IF YOU HAVE ACCESSED THE RAPTOR NETWORK, AT ANY TIME DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS YOU SHALL IMMEDIATELY CEASE ACCESSING AND/OR USING THE RAPTOR NETWORK.
1. RAPTOR NETWORK.
The Raptor Network is designed as a multiplayer web server for online gaming and entertainment accessed through the application programming interface (API), “Raptor Network API”. The Raptor Network is designed to allow Users to engage in gaming activities while providing a platform for Users to share/upload content and communicate with other Users through the Raptor Network in order to encourage, stimulate, foster and promote gaming activities (the “Services”). When accessing the Raptor Network, User will also have access to raptor.network and any related subdomains (collectively referred to the “Site”).
2. LICENSE GRANT.
Subject to the terms of this EULA, Ultramarine grants to User an individual, limited, non-exclusive, non-transferable revocable license (“License”) to (i) access the Raptor Network, the Services, Licensed Content or the Site on any device that User owns or has rights to use with the Raptor Network and third party games; (ii) upload User Generated Content as Licensed Content for use by other Users and (ii) download and use Licensed Content from other Users within the Raptor Network and authorized games.
3. LICENSE RESTRICTIONS.
The use of the Raptor Network according to the License of this EULA is further subject to the following restrictions:
3.1 User shall not share or provide access to third parties through User’s access and User’s access and use of the Raptor Network, the Services, Licensed Content or the Site shall not be shared, shown, or made available to anyone other than approved Users.
3.2 The License is for only User’s personal and non-commercial use. User may download, install, use, access, display and run the Raptor Network and Licensed Content on User’s personal computer, phone, tablet, and hand-held devices, using a client authorized by Ultramarine. Authorized clients can be found at https://legal.raptor.network/authorized-clients. Use of any clients not authorized by Ultramarine is prohibited. User is allowed to have a total of five authorized clients registered to their account at any given time, and only one of those may be engaged in gaming activity at any given moment. User is limited to only one account when accessing the Raptor Network. User is prohibited from creating multiple accounts. No commercial use, sale, licensing or resale of access to Raptor Network or use of Raptor Network is authorized by this License. Any such use requires the prior written and express permission of Ultramarine.
3.3 User may and shall not modify, translate, adapt or otherwise create derivative works or improvements of the Raptor Network, the Services, or the Site including the creation of “server emulators.”
3.4 User may not reverse engineer, disassemble, decompile, or translate the Raptor Network or any protocol or code, including, without limit, source code or object code of the Raptor Network, or otherwise attempt to derive its source code or the source code through which the Raptor Network the Raptor Network, the Services, or the Site are accessed, or authorize any third-party to do any of the foregoing.
3.5 User may not unlawfully redistribute any content or Licensed Content in the Raptor Network through any way including but not limited to piracy, cracking or circulation of counterfeit software.
3.6 User may not remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices from the Raptor Network, including any copy thereof or any Licensed Content.
3.7 User may not rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Raptor Network, its Services, third-party Licensed Content or any features or functionality of the Raptor Network or its Services, to any third party for any reason, including by making the Raptor Network or any of its Services available on a network where it is capable of being accessed by non-Users by sharing access information, which includes the User's username and password, or operate or provide the Raptor Network as a service bureau.
3.8 User may not remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management or security features in or protecting the Raptor Network.
3.9 User may only use the Raptor Network, the Services, or the Site for gaming and entertainment purposes. The User may not use the Raptor Network, the Services, Licensed Content or the Site for any unlawful and unacceptable use of the Raptor Network, the Services, or the Site, which includes, without limitation: (a) disseminating or transmitting material that, to a reasonable person, may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious; (b) disseminating transmitting files, graphics, software or other material that actually or potentially infringes the copyright, trademark, patent, trade secret or other intellectual property right of any person; (c) creating a false identity or to otherwise attempt to mislead any person as to the identity or origin of any communication; (d) interfering, disrupting or attempting to gain unauthorized access to other user accounts; or (e) hacking, disseminating or transmitting viruses, Trojan horses or any other malicious code or program.
3.10 User is solely responsible for any and all acts and omissions that occur under the User’s account or password. User is solely responsible for the integrity of all messages and content User receives, transmits through or stores on, through or via the Raptor Network.
4. INTELLECTUAL PROPERTY RIGHTS.
User acknowledges and agrees that the Raptor Network and its Services, and Licensed Content are provided under the License, and not sold, to User. User does not acquire any ownership interest in the Raptor Network, the Services or Licensed Content under this EULA, or any other rights thereto other than to use the Raptor Network, the Services, Licensed Content or the Site in accordance with the License granted, and subject to all terms, conditions and restrictions, under this EULA. Ultramarine, its service providers and providers of user Licensed Content, if any, reserve and shall retain their entire right, title and interest in and to the Raptor Network and the Site, and their respective Licensed Content, including all copyrights, trademarks and other intellectual property rights therein or relating thereto, except as expressly granted to User in this EULA. Ultramarine reserve any rights not expressly granted herein.
5. INTERACTIVE PARTICIPATION AND USER POSTED INFORMATION AND USER GENERATED CONTENT.
5.1 Truthful Participation and Assumption of Risk in Interactive Communications and User Generated Content and Postings. Through Raptor Network, you may participate in a number of interactive communication activities including uploading User Generated Content (UGC), comments, forums, and other means of interactive communication with other users ("Interactive Communication"). We cannot be, and we are not, responsible for the content, opinions or accuracy of any information or UGC provided or posted in any Interactive Communication. You participate at your own risk when engaging in any activity relating to the Raptor Network, related Sites and/or the Services (including any Interactive Communication). You expressly assume all risk and take full and sole responsibility for (a) all postings using, or made under, your Passwords or Your Accounts, including without limit any postings of UGC; (b) and any use of any Information, UGC, Content or materials provided or displayed on, or contained in, the Raptor Network or related Sites and (c) any communication or interaction with other users or UGC through the Raptor Network. When participating in an Interactive Communication, you are wise to never assume that people are who they say they are, know what they say they know, or are affiliated with who they say they are. Portions of the Raptor Network may allow users to post their own UGC, software or other materials. The UGC and materials posted by users do not reflect our views and we shall not be liable for any UGC, code or other user information posted or displayed on, or uploaded onto the Raptor Network or any related Sites or any Forum. The term "Forum" means a chat area, message board, e-mail or other function that allows you to provide information or interact with others offered as part of Our Site.
5.2 Posting UGC, Code and other Materials to the Raptor Network. By posting UGC, code or other materials to or communicating with other users and participants on the Raptor Network or in an Interactive Communication, you represent and warrant to us that: (a) you have all necessary rights to such code, UGC and materials, and that the posting of such materials will not infringe on any personal or proprietary rights of any third party, including its intellectual property rights; and (b) such materials are not harmful, defamatory, unlawful, threatening, obscene, lewd, lascivious, harassing, and/or contrary to the principles and tenets of Ultramarine.
5.3 We have the Right to Remove or Block Postings or Interactive Communications. We reserve the right to remove or block any and all postings and Interactive Communications, including those that we consider to be:
5.3.1 Defamatory, libelous, slanderous or disparaging of, or insulting to, any person, group or entity; abusive or hateful; obscene, lewd, or vulgar; or contrary to, or inconsistent with, the principles, tenets, and Mission Statement of Our Organization,
5.3.2 Any harassing notes, postings or Interactive Communications that might be construed as stalking, or any postings that might otherwise be illegal or relate to illegal activity, any such harassing content or communications will be deleted and may be made available to the proper law-enforcement officials. While we reserve the right to remove any posting, we shall have no obligation to do so.
5.4 Ownership in Posted Material and User Generated Content (UGC).
5.4.2 User also grants to Ultramarine worldwide, perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, transferable and sublicensable permission and license to use, display User’s username, name, voice, image, likeness or other identifying information (“Name and/or Likeness”) as the same appears in connection with the UGC, in any manner to be determined by Ultramarine, including without limit on the Raptor Network, affiliated websites and in the advertising and promotion of the Raptor Network and related servers or games.. Ultramarine may use, display, reproduce, distribute, transmit, create derivative works from, combine with other materials, products and content,, alter and/or edit the Licensed Content and other UGC in any manner in their sole discretion, with no obligation to the User. By submitting any software code, diagrams, material or photographs or other UGC or other Licensed Content, through the Raptor Network or the Site, User grants the license and permission noted above to have this material posted, used on the Raptor Network or the Site, and represents he/she is the rightful owner of the submitted material, and that no one else may claim rights to this material. Ultramarine reserves the right to remove access to infringing material.
6. USERNAME AND PASSWORD SECURITY.
During User’s use of the Raptor Network, the Services, or the Site, User may receive or register a username and password that will allow User to access and use the Raptor Network. User is responsible for maintaining the integrity and security of User’s username and password. Unless otherwise required or permitted by applicable law, User may not share User’s username or password with any outside third party not approved by Ultramarine.
7. COLLECTION AND USE OF USER INFORMATION.
8. COPYRIGHT NOTICE AND INFRINGEMENT.
"Copyright © 2020 Ultramarine Holdings, LLC. All rights reserved. Used by permission."
All other copyright notices and Trademark notices should be maintained and displayed, as displayed on the Site or on the relevant work, or as otherwise instructed by us.
Ultramarine respects the intellectual property rights of third parties, and complies with the terms of the Digital Millennium Copyright Act (DMCA) regarding such rights. We ask you and the other users of our Raptor Network and the Service, to do the same. Pursuant to Title 17, United States Code, Sections 512(c)(2) and (3), notifications of claimed copyright infringement for materials displayed, or available, on any of the Raptor Network Site should be sent to our Designated Agent. Our Organization's Designated Agent is: firstname.lastname@example.org
9. CONTENT AND SERVICES.
10. THIRD PARTY MATERIALS.
The Raptor Network or the Site may display, include or make available third-party content, including content, information, data, activities, offers, deals, promotions, products, services or advertisements ("Third Party Materials"). User acknowledges and agrees that Ultramarine is not responsible for Third Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Ultramarine does not assume and will not have any liability or responsibility to User or any other person or entity for any Third Party Materials. Third Party Materials and links thereto are provided solely as a convenience to User and User’s access and use is entirely at User’s own risk and subject to such third parties' terms and conditions. By providing these Third Party Materials, Ultramarine make no representations, warranties, approvals, or endorsements regarding the content provided or the nature, quality, or accuracy of such content, or other services made available.
11. TRANSFER TO THIRD PARTY.
User rights under this EULA are non-exclusive and non-transferable. User may not sell, transfer or convey the License to any third party without Ultramarine’s prior express written consent.
Ultramarine may from time to time in its sole discretion develop and provide updates to the Raptor Network which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. User agrees that Ultramarine has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. User further agree that all Updates will be deemed part of the Raptor Network and be subject to all terms and conditions of this EULA, unless such Updates are accompanied by a separate license, in which case the terms of that license will govern.
13. TERM AND TERMINATION.
13.1 The term of this EULA commences when the User downloads, installs, accesses, or uses the Raptor Network or the Services, or visits the Site and will continue in effect until terminated as set forth in this Section 11.
13.2 User may terminate this EULA by uninstalling and deleting the Raptor Network, deactivating any account username, and ceasing all use of the Raptor Network, the Services, and the Site.
13.3 Ultramarine may terminate this EULA at any time without notice and without cause. In addition, this EULA will terminate immediately and automatically without any notice if User violates any of the terms and conditions of this EULA.
13.4 Ultramarine may restrict User access to the Raptor Network, the Services, and the Site at any time without notice and without cause, effectively “banning” the User.
13.5 Upon termination, all rights granted to the User under this EULA will also terminate; and User must cease all use of the Raptor Network, the Services, and the Site.
13.6 Termination will not limit any of Ultramarine’s rights or remedies at law or in equity.
14. DISCLAIMER OF WARRANTIES.
THE RAPTOR NETWORK, THE SERVICES, AND THE SITE ARE PROVIDED TO USER FOR FREE ON AN "AS IS" BASIS AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, ULTRAMARINE, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND PARTNERS AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE RAPTOR NETWORK, SERVICES, OR THE SITE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, ULTRAMARINE PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE RAPTOR NETWORK, SERVICES, OR THE SITE WILL MEET USER REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
15. LIMITATION OF LIABILITY.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ULTRAMARINE OR ITS AFFILIATES OR PARTNERS, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE RAPTOR NETWORK, SITE OR THE CONTENT AND SERVICES FOR: (I) PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES; OR (II) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO LICENSE THE APP IN THE PREVIOUS TWELVE (12) MONTHS, IF ANY. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR ULTRAMARINE WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
16. LEGAL COMPLIANCE.
User represents and warrants that: (i) User is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) User is not listed on any U.S. Government list of prohibited or restricted parties. User agrees that in accessing and using the Raptor Network, the Services, or the Site, User will comply with all applicable United States laws, rules and regulations, whether at the federal, state, local, or other level, as well as all other local laws, rules and regulations from where the User accesses the Raptor Network or the Site.
User agrees to indemnify, defend and hold harmless Ultramarine and its officers, directors, employees, agents, affiliates, partners, successors and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys' fees, arising from or relating to User’s use or misuse of the Raptor Network, the Services, or the Site or User’s breach of this EULA. Furthermore, User agrees that Ultramarine assumes no responsibility for any content User submits or makes available through the Raptor Network, the Services, or the Site.
18. EXPORT REGULATION.
The Raptor Network or the Site may be subject to US export control laws, including the US Export Administration Act and its associated regulations. User shall not, directly or indirectly, export, re-export or release the Raptor Network or the Site to, or make the Raptor Network or the Site accessible from, any jurisdiction or country to which export, re-export or release is prohibited by law, rule or regulation. User shall comply with all applicable federal laws, regulations and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing or otherwise making the Raptor Network or the Site available outside the US.
19. FORCE MAJEURE.
Neither party will be liable for failure to perform or delay in performance of any obligation under this EULA if such failure or delay is due to fire, flood, earthquake, strike, war (declared or undeclared), commercial impracticability, embargo, blockade, legal prohibition, governmental action, riot, insurrection, damage, destruction or any other cause beyond the reasonable control of such party.
20. GOVERNING LAW.
This EULA is governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule. Any legal suit, action or proceeding arising out of or related to this EULA or the Raptor Network, the Services, or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of Florida in each case located in and for Alachua County, Florida. User waives any and all objections to the exercise of jurisdiction by such courts and to venue in such courts.
21. ENTIRE AGREEMENT.
No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this EULA and any applicable purchase or other terms, the terms of this EULA shall govern.
If any provision of this EULA is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this EULA will continue in full force and effect.
24. ULTRAMARINE CONTACT INFORMATION.
User may direct all questions, complaints or claims with the respect to the Raptor Network, the Services, or the Site to the following:
Our postal address:
Ultramarine Holdings, LLC
3612 NW 97TH BOULEVARD
GAINESVILLE, FL 32606
Telephone Number: 352-332-1895
Email address: email@example.com