Cogs End User License Agreement (EULA)
YOU SHOULD CAREFULLY READ THE FOLLOWING END USER LICENSE AGREEMENT BEFORE
USING THIS SOFTWARE PROGRAM. BY USING THIS SOFTWARE PROGRAM, YOU AGREE TO
BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS
OF THIS AGREEMENT, CEASE ALL USE OF THIS SOFTWARE.
This software program, including any electronic documentation
(collectively, the "Program"), any printed materials, and any and all
copies of such Program and materials are the copyrighted work of Lazy 8
Studios, LLC. ("Lazy 8") and/or its affiliates or subsidiaries, and/or its
suppliers or licensors. All rights are reserved, except as expressly
stated below. Your use of the Program is governed by the terms of this End
User License Agreement (the "License Agreement"). The Program is solely
for use by end users according to the terms of the License Agreement. Any
use, reproduction or redistribution of the Program not in accordance with
the terms of the License Agreement is expressly prohibited.
 1. Thank You. We, Lazy 8 Studios, would first like to thank you for
licensing the Program. We know you probably don't care much for
reading through EULAs, but our lawyers want to make sure we keep
control and ownership of the stuff we and our licensors have spent so
much time, effort and energy developing. In order to keep developing
cool stuff that we hope provides you hours and hours of entertainment
and fun, we have to make sure you understand and agree that you are
just buying the right to use the Program and that there are certain
limits to your rights to use the Program. What follows is what you
need to agree to before you can use the Program.
 2. Limited Use License. Like we mentioned above, you are buying the right
to use the Program, not the rights to the Program itself. Lazy 8
hereby grants, and by using the Program you thereby accept, a limited,
non-exclusive license and right to install and/or use the Program on
your personal computers belonging or primarily used by you (for
example, on your home computer(s) and a laptop) with the express
understanding that the Program is licensed, not sold, and that your
license confers no title or ownership of the Program. If you wish to
use the Program on more computers than the program automatically
allows, Lazy 8's customer support may (in its sole discretion)
increase the number of computers on which the Program may be used on a
case by case basis. If you need to increase any limits the game places
on the number of installs you can use, simply contact us and we'll be
happy to adjust the settings on your license code to make this
happen. This license is not a sale of the original software program
(which means that the fee you paid gives you the right only to use the
Program). To avoid any misunderstandings, the license granted
hereunder is for one individual person and the Program will be deemed
in "use" on a computer when it is loaded onto temporary memory (i.e.,
RAM) or installed into the permanent memory (e.g., hard disk, CD-ROM
or other storage device) of a computer. Installation of the Program on
a network server is strictly prohibited. Nothing in this Agreement
shall be construed as granting any right to use the Program on a
computer that is not owned or primarily used by you.
 3. Intellectual Property Ownership. In order to keep making cool games in
the future, we need to make sure that you understand who owns the
intellectual property rights to the Program. All title, ownership
rights and intellectual property rights in and to the Program and any
and all copies thereof (including but not limited to all copyrights,
trademarks, trade secrets, trade names, proprietary rights, patents,
titles, computer code, themes, objects, characters, character names,
stories, dialog, catch phrases, locations, concepts, artwork,
animations, sounds, musical compositions, audio-visual effects,
methods of operation, moral rights, any related documentation, and
"applets" incorporated into the Program) are owned by Lazy 8 or its
licensors. The Program is protected by the copyright laws of Canada,
the United States, international copyright treaties and conventions
and other laws. All rights are reserved. The Program contains certain
licensed materials and Lazy 8's licensors may protect their rights in
the event of any violation of this Agreement. The Program may not be
copied or reproduced in any manner or medium, in whole or in part,
without prior written consent from Lazy 8.
 4. Responsibilities of End User. We've mentioned this before, but it
probably won't hurt to be a bit more detailed about what you're
agreeing to by licensing the Program. We want you to be able to enjoy
the games we make to the maximum extent possible, but our lawyers tell
us we have to set some rules about what you can and can't do to keep
from getting us in trouble (and to allow us to stay in business and
keep making cool new games). So by licensing the Program you agree to
the following:
 1. Subject to the license grant above, you may not, in whole or in
part, copy, photocopy, reproduce, translate, reverse engineer,
derive source code, modify, disassemble, decompile, modify or
create derivative works based on the Program or any part thereof,
or remove any proprietary notices or labels on the Program
without the prior written consent of Lazy 8. You may not work
around any technical limitations in the Program.
 2. The Program is licensed to you as a single product. Its component
parts may not be separated for use on more than one computer.
 3. You are entitled to use the Program for your personal use, but
you are not entitled to sell, grant a security interest in or
transfer reproductions of the Program or otherwise distribute
copies of the Program to other parties in any way, nor to rent,
lease or license the Program to others without the prior written
consent of Lazy 8.
 4. You are expressly prohibited from selling or otherwise profiting
from any levels, add-on packs, sequels or other items based upon
or related to the Program or created by use of any part of the
Program. If you create levels, add-on packs, sequels or other
items to the Program, including the construction of new levels
(collectively, the "Modifications"), you are subject to the
following restrictions:
 1. Modifications are considered separate from the Program in
the sense that they are not guaranteed or supported by Lazy
8. However, by creating a Modification you shall be deemed
to have assigned in favour of Lazy 8 all copyrights and
intellectual property rights to the Modifications;
 2. your Modifications must require a full, licensed copy of the
Program to run;
 3. your Modifications must not contain any libellous,
defamatory or other illegal material, material that is
scandalous or invades the rights of privacy or publicity of
any third party, or contain any trademarks,
copyright-protected work or other property of third parties;
 4. your Modifications must be distributed solely for free.
Neither you nor any other person or party may sell them to
anyone, commercially exploit them in any way, or charge
anyone for using them without a license from Lazy 8.
 5. The prohibitions and restrictions in this Section apply to anyone
in possession of the Program or any of your Modifications. For
greater certainty, notwithstanding anything to the contrary in
this Agreement, you are not permitted to reverse engineer,
decompile or disassemble the Program in any way. Any copying of
the Program not specifically allowed in this Agreement is a
violation of this Agreement.
 5. No Transfer. What is this "transfer", you ask? It means that once you
accept, you can't sell or give the game to someone else. You may not
transfer or assign this Agreement or any of your rights or obligations
under this Agreement.
 6. Termination. We hope this section never has to come into play (or
section 11 for that matter), as that means you are doing something you
shouldn't be under the terms of this Agreement (which would suck for
both of us, but more for you as it means we have to get our lawyers
involved). This Agreement is effective until the earlier of (i)
termination of this License Agreement by you or Lazy 8 or (ii)
termination of this Agreement in the event you fail to comply with any
term contained herein, in which event this Agreement shall be deemed
to terminate automatically. You may terminate this Agreement at any
time by destroying all copies of the Program in your possession. Lazy
8 may, at its discretion, terminate this License at any time upon
notifying you of such termination (including by way of public notice
to all licensees of the Program). In such event (or if you are bad and
are not complying with the terms of this agreement), you must
immediately destroy all copies of the Program in your possession. Any
license agreement to which you may have previously agreed that governs
your use of prior versions of the Program is hereby terminated and is
replaced by this agreement. The provisions of Sections 3, 6, and 9-12
will survive any termination of this Agreement.
 7. Updates; New Versions. We can't support all versions forever but we
will do our best to support the latest version that we have made
available. Lazy 8 may, in its sole discretion, provide updates or new
versions of the Program in the future. Lazy 8 may provide such updates
or future versions subject to a separate license, which may by its
terms terminate this license pursuant to Section 6. Lazy 8 shall have
no obligation to provide support or updates for the Program.
 8. Export Controls. Don't be a criminal . . . I mean, what else can we
say here? You agree to comply with all applicable laws, regulations,
rulings and executive orders of any governmental authority relating to
the exportation or importation of the Program, including but not
limited to the export and destination control regulations for American
goods.
 9. No Warranties. We have no idea what you have already on your computer
and what state or health your computer is in. The entire risk arising
out of use or performance of the Program remains with you.THE PROGRAM
IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
ANY WARRANTY AGAINST INFRINGEMENT THAT MAY BE PROVIDED IN SECTION
2-312(3) OF THE UNIFORM COMMERCIAL CODE IN THE UNITED STATES AND/OR IN
ANY OTHER COMPARABLE STATE, PROVINCIAL OR FEDERAL STATUTE IS EXPRESSLY
DISCLAIMED. Some jurisdictions do not allow the exclusion or
limitation of implied warranties, so the above limitations may not
apply to you to that extent.
10. Limitation of Liability. LAZY 8 SHALL NOT BE LIABLE TO YOU, OR TO ANY
PERSON ACCESSING GAMEPLAY AS A RESULT OF THE LICENSE GRANTED TO YOU,
IN ANY WAY FOR LOSS OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF
THE PROGRAM, INCLUDING, BUT NOT LIMITED TO, LOSS OF GOODWILL, WORK
STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER
COMMERCIAL DAMAGES OR LOSSES ARISING OUT OF THE USE OF OR INABILITY TO
USE THE PROGRAM, EVEN IF LAZY 8 HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. FURTHER, LAZY 8 SHALL NOT BE LIABLE IN ANY WAY FOR THE
LOSS OR DAMAGE TO ANY PLAYER CHARACTERS, ACCOUNTS, STATISTICS OR USER
PROFILE INFORMATION. YOU UNDERSTAND AND ACKNOWLEDGE THAT LAZY 8 CANNOT
AND WILL NOT BE RESPONSIBLE FOR ANY INTERRUPTIONS OF ONLINE GAMEPLAY,
INCLUDING, BUT NOT LIMITED TO ISP DISRUPTIONS, SOFTWARE OR HARDWARE
FAILURES OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR
DISRUPTION OF ONLINE GAMEPLAY. Some jurisdictions do not allow the
exclusion or limitation of incidental or consequential damages, so the
above limitations may not apply to that extent. In no event shall our
total liability to you for any and all damages, losses and causes of
action (whether in tort, contract or otherwise) exceed the amount paid
by you for the Program.
11. Equitable Remedies. We need to make sure we can put a quick stop to
anyone doing something they shouldn't be under this agreement. You
hereby agree that Lazy 8 would be irreparably damaged if the terms of
this Agreement were not specifically enforced, and therefore you agree
that Lazy 8 shall be entitled, without bond, other security, or proof
of damages, to appropriate equitable remedies with respect to breaches
of this Agreement, in addition to such other remedies as Lazy 8 may
otherwise have available to it under applicable laws. In the event any
litigation is brought by either party in connection with this
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.
12. Miscellaneous
 1. This Agreement shall be deemed to have been made and executed in
the state of California and any dispute arising hereunder shall
be resolved in accordance with the law of California. You agree
that any claim asserted in any legal proceeding by you against
Lazy 8 or its licensors shall be commenced and maintained in a
court located in San Francisco, California having subject matter
jurisdiction with respect to the dispute between the parties.
 2. Lazy 8 reserves the right, at its sole discretion, to change,
modify, add to, supplement or delete any of the terms and
conditions of this Agreement, effective upon prior notice as
follows: Lazy 8 will post notification of any such changes to
this Agreement on the its website, and may provide such other
notice as Lazy 8 may elect in its sole discretion.
 3. In the event that any provision of this Agreement shall be held
by a court or other tribunal of competent jurisdiction to be
unenforceable, such provision will be enforced to the maximum
extent permissible and the remaining portions of this Agreement
shall remain in full force and effect.
 4. This 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.
You hereby acknowledge that you have read and understand the foregoing
terms of this Agreement and agree that the act of using the Program is
an acknowledgment of your agreement to be bound by the terms and
conditions of this Agreement. You also acknowledge and agree that this
Agreement is the complete and exclusive statement of the agreement
between Lazy 8 and you with regard to the subject matter hereof and
that this Agreement supersedes any prior or contemporaneous agreement,
either oral or written, and any other communications between Lazy 8
and you regarding the subject matter hereof.
That's it! Not so bad, right? Thanks for supporting us and reading all the
way to the end.