Hi, we’re GoblinWare, LLC.  We are absolutely thrilled to have you take an interest in our games and merchandise.    Before we give you access to our products, however, our lawyer told us we needed an agreement to protect both us and you, so please read this carefully and if, and only if, you agree to be bound by these terms, we are thrilled to have you as a player.  We promise to keep this as short as we can.

TERMS

I.  PARTIES, TERM AND CONTENT

1. Parties.  The Parties are You, the End User reading this notice, (“You”), and intended recipient of any content accessed under this agreement (the “Agreement”), and, GoblinWare, LLC (“GoblinWare”), the creators of the content.
2. Term. You agree that, contrary to the existence of some writing telling You otherwise, this Agreement lasts so long as you are using the files, code, music, images, artwork, models, etc. contained in your download, which usually will comprise a video game of some kind.
3. Content.  The content (“Content”) is whatever You are accessing or downloading, whether for money or which GoblinWare has provided to you without charge.

II.  PURPOSE AND CONSIDERATION

1. Purpose. We don’t want to arbitrarily bind You just because we have a lawyer on the team.  Rather, You need to understand that we’ve prepared this (very simple) set of Terms so that we can protect ourselves while still receiving feedback and valuable input from You.  We want you to play our games and we want to keep this simple, but we have to have a few ground rules just to be clear.
2. Consideration–Yours.  You’re agreeing not to take the Content we share with You (other than into your heart as one of your favorite things), misappropriate that Content, hold it out as Your own, or reverse engineer it. You’re agreeing that You know everything You potentially access here is ours (our “intellectual property” or “IP”) and Your breach of this agreement may cause us considerable detriment to a potential market for our products.  You agree not to copy the things you download from our website for redistribution or otherwise.
3. Consideration–Ours.  We agree to give you a non-exclusive license to the Content (the game or demos you have requested to download, in exchange for Your payment, or in some circumstances without direct monetary compensation to us.  Either way, that license is just for you and not someone else. If the Content is something we are trying to sell, you agree to pay us the amount we are asking, which will be listed at checkout. We hope to also have You reach out to us directly with commentary we view as valuable for marketplace input.

III. MISCELLANEOUS

1.  Breach, Governing Law and Attorney’s Fees.  You agree that, if you break this Agreement, You submit yourself to the jurisdiction of the United States of America, specifically, the State of Texas.  And, You’ll pay our reasonable Attorney’s Fees to get us started suing You for your breach.
2.  No Assignments.  You agree that the download or transaction you are making with us is for You, and that you are not transacting on behalf of someone else.  The reason for this is we need to know who we are dealing with.  If you are the one downloading the Content, then it is you who will be responsible, legally, for compliance with these terms.
3. Keys and Access Codes to Software. For obvious reasons, a “key”, password, or other access code, whether in our language or some other one, given to You by us is a piece of confidential information we want only You to have.  For clarity, this is monitored by GoblinWare and it is an egregious breach for you to hand out your access code.
4. Competency to Contract. You agree You are at least eighteen (18) years of age for the purpose of being bound to this Agreement.  If You are not 18, You agree not to sign and have a parent or guardian who is sign for you.
5. No Liability. You agree not to sue us over the Content you download, whether or not you are offended by its subject matter .  We will try to appropriately age mark the Content under current ESRB standards.
6. Some Products Incomplete, Support Not Always Intended.  Sometimes we offer products we want Your input on, to find out if something is fun or an idea is worth pursuing.  Therefore, not all Content will contain active debug or error support. We will, of course, make it clear when that’s the case.  Currently, the Content without bug support we are offering for download includes the following titles:  SOPHIE.

BY PROCEEDING, YOU AGREE YOU HAVE READ, FULLY UNDERSTAND, ACKNOWLEDGE, AND AGREE TO THE ABOVE TERMS.  THIS IS YOUR CHANCE TO SPEAK WITH YOUR OWN LAWYER IF YOU’D LIKE, AS GENERALLY THAT’S SMART.