Terms & Conditions

TILT BREAKER SOFTWARE LICENSE AGREEMENT 

IMPORTANT, PLEASE READ CAREFULLY. THIS IS A LICENSE AGREEMENT

This SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. This SOFTWARE PRODUCT is licensed, not sold.

End User License Agreement

This End User License Agreement (“EULA”) is a legal agreement between you (either an individual or a single entity) and STEAMDONKEY LLC with regard to the TILT BREAKER Software (herein referred to as “SOFTWARE PRODUCT” or “SOFTWARE”) provided with this EULA. The SOFTWARE PRODUCT includes computer software, the associated media, any printed materials, and any “online” or electronic documentation. Use of this SOFTWARE PRODUCT includes any use of the software and related documentation (“Software”) provided to you by STEAMDONKEY LLC in whatever form or media. If you do not agree with the terms of this EULA, do not download, install, copy or use the SOFTWARE PRODUCT. By installing, copying or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, STEAMDONKEY LLC is unwilling to license the SOFTWARE PRODUCT to you.

STEAMDONKEY LLC, a Florida limited liability company, licenses to Licensee the use of the computer program(s) to which this license agreement (“Agreement”) is attached (the “Software”), and related user documentation, subject to the following terms and conditions:

  1. Scope of License. This license covers the Software, its user documentation, and any related computer programs, documentation and information provided by STEAMDONKEY LLC. Nothing in this Agreement will be deemed to grant Licensee any proprietary rights in the computer program(s) or in any other work embodied in the software or related materials supplied to Licensee by STEAMDONKEY LLC.
  2. License. STEAMDONKEY LLC grants Licensee a nonexclusive, nontransferable license to use the Software on a maximum of three of Licensee’s own computers. Licensee will not:
    (a) provide or disseminate any software order code or keys (which are used to unlock the features of the software) to any other person.
    (b) attempt to reverse engineer the Software. Licensee may modify the Software for Licensee’s own use.
  3. Term and Termination. The license granted under this Agreement will continue in force until terminated, as set forth herein. If Licensee fails to pay any monies when due in connection with the Software, violates any terms or conditions of this Agreement, or STEAMDONKEY LLC determines that providing the license to Licensee is no longer in the best interest of STEAMDONKEY LLC, then in any such event STEAMDONKEY LLC or its agent may terminate this License immediately by giving notice of termination to Licensee. Licensee is responsible for providing valid contact information to STEAMDONKEY LLC. If no valid contact information is available for Licensee in STEAMDONKEY LLC’s records, STEAMDONKEY LLC is not required to give notice of termination to Licensee. Licensee may terminate this License voluntarily by giving written notice of termination to STEAMDONKEY LLC and destroying all copies of all or any part of the Software in Licensee’s possession or under Licensee’s control.
  4. Effect of Termination. Immediately upon termination, Licensee will destroy all copies of all or any part of the Software in Licensee’s possession or under Licensee’s control. Licensee will have no right to keep or use any copy of the Software for any purpose after termination of this Agreement.
  5. Transfer of Software. Licensee shall not assign or transfer any rights under this Agreement to any other person. Licensor may assign any of its rights or duties under this Agreement to any person without obtaining the consent of Licensee.
  6. Software Warranty. Licensee acknowledges that STEAMDONKEY LLC has offered Licensee a free trial version of its software so that Licensee can verify that the software works properly with Licensee’s computer, other software, and internet service provider. Licensee acknowledges that Licensee has tested the software and it works to their satisfaction. STEAMDONKEY LLC is not responsible for changes made by other companies to their software that renders features of STEAMDONKEY LLC software inoper able. STEAMDONKEY LLC may or may not modify the software to accommodate changes made by other companies. STEAM DONKEY LLC reserves the right to discontinue making new versions of the software. STEAMDONKEY LLC disclaims all implied warranties for the software, including warranties of merchantability and fitness for a particular purpose. STEAMDONKEY LLC makes no representations concerning the quality of the software and does not promise that the software will be error free or will operate without interruption.
    TILT BREAKER’s web site and all materials, software, information, products and services included in TILT BREAKER’s web site, are provided “as is,” with no warranties, expressed or implied. STEAMDONKEY LLC expressly disclaims, to the fullest extent permitted by law, all express, implied and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement of proprietary rights. STEAMDONKEY LLC disclaims any warranties regarding the security, reliability, timeliness and performance of TILT BREAKER’s web site. STEAMDONKEY LLC disclaims any warranties for any information or advice obtained through TILT BREAKER’s web site. STEAMDONKEY LLC disclaims any warranties for services or goods received through, or advertised on, TILT BREAKER’s web site or received through any links provided by TILT BREAKER’s web site, as well as for any information or advice received through any 3rd-party links or any user contributions provided in TILT BREAKER’ web site.
  7. Limitation of Liability. In no event will STEAMDONKEY LLC be liable to Licensee or any third person for, and shall not pay, any amount of special, incidental, consequential, lost profits or punitive damages, whether based on lost revenue or otherwise, regard less of whether STEAMDONKEY LLC was advised of the possibility of such losses in advance or the cause of origin.
  8. Ownership of Software. STEAMDONKEY LLC has and will retain all ownership rights in the Software, including all patent rights, copyrights, trade secrets, trademarks, service marks, related goodwill and confidential and proprietary information. Licensee will have no rights in the Software except the right to use it, which is subject to the terms of this Agreement.
  9. 9. Assignment and Delegation. Licensee may not assign this Agreement or any rights under it and may not delegate any duties under this Agreement without STEAMDONKEY LLC’s prior written consent. Any attempt to assign or delegate without such consent will be
  10. Force Majeur. STEAMDONKEY LLC shall not be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equip ment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, govern mental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
  11. Indemnification. Licensee shall indemnify and hold harmless STEAMDONKEY LLC, its officers, members, agents, subsidiaries and affiliates, against all losses, claims, damages, expenses and liabilities (including attorneys’ fees and court costs) arising out of or relating to Licensee’s use of the Software. Indemnification By You. If you distribute the SOFTWARE PRODUCT in violation of this Agreement, you agree to indemnify, hold harmless and defend STEAMDONKEY LLC from and against any claims or lawsuits, including attorney’s fees that arise or result from the use or distribution of the SOFTWARE PRODUCT in violation of this Agree ment.
  12. Rental. You may not loan, rent, or lease the SOFTWARE PRODUCT.
  13. Upgrades. If the SOFTWARE PRODUCT is an upgrade from an earlier release or previously released version, you now may use that upgraded product only in accordance with this EULA. If the SOFTWARE PRODUCT is an upgrade of a software program which you licensed as a single product, the SOFTWARE PRODUCT may be used only as part of that single product package and may not be separated for use on more than one computer.
  14. Miscellaneous. This Agreement constitutes the entire understanding between STEAMDONKEY LLC and Licensee with respect to subject matter hereof. This Agreement will be governed by Florida law, exclusive of conflicts of law principles that would cause the application of the laws of another jurisdiction. Any litigation arising out of the terms of this Agreement will be held exclusively in a proper forum in Pinellas County, Florida, and Licensee hereby consents to such jurisdiction. The prevailing party shall be entitled to recover costs and reasonable attorneys’ fees in any action arising under this Agreement. The parties hereby agree to waive their respective rights to a jury trial of any claim or cause of action related to or arising out of this Agreement. In the event of litiga tion, this Agreement may be filed as written consent to a trial by court. No failure by either party to insist upon performance of any obligation hereunder shall constitute a waiver of the obligation and either party may require compliance with any such obligation at any time. If any provision of this Agreement shall be determined to be invalid or unenforceable, the remainder of the Agreement shall continue in full force and effect. Any modification to this Agreement must be in writing, signed by STEAMDONKEY LLC and Licensee. Licensee acknowledges that the rights under the license were previously owned by another party (“Assignor”) and were assigned to STEAMDONKEY LLC. All obligations of Assignor have been assumed by STEAMDONKEY LLC. By execution hereof or by Licensee’s continued use of the license, Licensee hereby waives any claims, rights, liabilities, whether actual or inchoate, and damages which Licensee may have possessed, possesses or will possess against Assignor. In any case where Licensee acknowledges the acceptance of this Agreement by, for example, clicking an icon accepting its terms, such action shall be deemed sufficient for purposes of constituting Licensee’s signature and acceptance of the Agreement. STEAMDONKEY LLC reserves the right to modify this EULA, TILT BREAKER’s web site, and all materials, software, information, products and services included in TILTBREAKER’s web site without consenting the Licensee of such changes.

LICENSEE HAS READ THIS AGREEMENT AND UNDERSTANDS AND AGREES TO ALL OF ITS TERMS AND CONDITIONS.