Standard End User License Agreement (EULA)
PLEASE READ CAREFULLY BEFORE DOWNLOADING M.A.R.S.: This End-User License Agreement ("EULA") is a legal agreement between SubaGames and you, the user, that governs your use of M.A.R.S.(Software) installed or downloaded by you.  M.A.R.S. is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.  M.A.R.S. is licensed, not sold.
BY CLICKING "I AGREE", OR BY TAKING ANY STEP TO INSTALL OR USE THE SOFTWARE, YOU (1) REPRESENT THAT YOU ACCEPT THIS EULA AGREEMENT. IF YOU DO NOT ACCEPT THE EULA TERMS, DO NOT USE THE SOFTWARE. 
1.	GRANT OF LICENSE. M.A.R.S. includes the computer software, published by SubaGames.  SubaGames grants you the following non-exclusive rights provided you agree to and comply with all terms and conditions of this EULA: 
a.	Use. You may use M.A.R.S. on your computer (or computers). You may use M.A.R.S. on additional computers but do not have the right to distribute it anywhere under any shape or form, including private servers. You agree to only use M.A.R.S. as expressly permitted herein. You are not permitted to make, compile, distribute, create, advertise, sell, give away or promote HACKS or BUGS in any way, shape or form. Violation of this statement shall result in an immediate, permanent ban and all loss of your account including all money spent, deposited or held on it. SubaGames also reserves the right to ban any and all other accounts that are found to be linked to you by us, without requiring to divulge the reasons or explanations.  You agree not to share your account with others.  Any loss of the account, money, or items related to it as a result of account sharing are your own fault and SubaGames nor AxionGames shall not be held accountable or liable for your losses in any way, shape, or form.  Any financial, technical or personal losses as a result of sharing your account, or your computer with others shall not be the responsibility of SubaGames nor AxionGames. SubaGames and AxionGames as well as any other 3rd parties related to M.A.R.S. in any way shall not be held liable for such losses.    
b.	Reservation of Rights. M.A.R.S. is licensed, not sold, to you by SubaGames. SubaGames and its suppliers (here known as AxionGames) own all rights, title and interest in and to the Software and reserve all rights not expressly granted to you in this EULA. You agree to refrain from any action that would diminish such rights or would call them into question.
c.	Third Party Software. Notwithstanding the terms and conditions of this EULA, all or any portion of M.A.R.S. which constitutes Third Party Software, is licensed to you subject to the terms and conditions of the software license agreement accompanying such Third Party Software whether in the form of a discrete agreement, shrink wrap license or electronic license terms accepted at time of download. Use of the Third Party Software by you shall be governed entirely by the terms and conditions of such license.
d.	Support. Technical support for M.A.R.S. will be free at www.subagames.com
2.	UPGRADES. To use the Software identified by SubaGames as an upgrade, you must first be licensed for the original Software identified by SubaGames as eligible for the upgrade. 
3.	TRANSFER. 
a.	Third Party. The Software may only be transferred to another end user as part of a transfer of the computer(s) on which it is installed. Any transfer must include all component parts, media, printed materials and this EULA. Prior to the transfer, the end user receiving the transferred product must agree to all the EULA terms. Upon transfer of your computer(s), your license is automatically terminated and you are no longer permitted to use the Software.
b.	Restrictions. You may not rent, lease or lend the Software or use the Software for commercial timesharing or any other for-profit use. You may not sublicense, assign or transfer the license or Software except as expressly provided in this EULA.
4.	PROPRIETARY RIGHTS. All intellectual property rights in the Software  and user documentation are owned by SubaGames and/or its suppliers and are protected by law, including but not limited to copyright, trade secret, and trademark law, as well as other applicable laws and international treaty provisions. The structure, organization and code of the Software are the valuable trade secrets and confidential information of SubaGames and AxionGames. You shall not remove any product identification, copyright notices or proprietary restrictions from the Software. 
5.	LIMITATION ON REVERSE ENGINEERING.  You are not permitted (and you agree not to) reverse engineer, decompile, disassemble or create derivative works of or modify M.A.R.S.. Nothing contained herein shall be construed, expressly or implicitly, as transferring any right, license or title to you other than those explicitly granted under this EULA. SubaGames and AxionGames reserves all rights in its intellectual property rights not expressly agreed to herein. Unauthorized copying of M.A.R.S. or failure to comply with the restrictions in this EULA (or other breach of the license herein) will result in automatic termination of this Agreement and you agree that it will constitute immediate, irreparable harm to SubaGames and/or AxionGames for which monetary damages would be an inadequate remedy, and that injunctive relief will be an appropriate remedy for such breach.  
6.	TERM. This EULA is effective unless terminated by us or rejected by you before downloading the game. This EULA will also terminate immediately and without additional notice in the event you breach this EULA and/or fail to comply with any term or condition of this EULA.
7.	CONSENT TO USE OF DATA. You agree that SubaGames, AxionGames and its affiliates or suppliers may collect and use statistics on your use of the Software in performing marketing operations and technical information you provide in relation to support services related to M.A.R.S.. SubaGames and its suppliers agree not to use this information in a form that personally identifies you except to the extent necessary to provide such services. 
8.	DISCLAIMER OF WARRANTIES. 
a.	You acknowledge that M.A.R.S. is for non-profit and entertainment use only and should not be used as a source of profit derived from selling or making hacks, private servers, or any other means of profit that is counterproductive to Suba Games as determined by us. YOU AGREE THAT THE USE OF THE M.A.R.S. IS AT YOUR SOLE RISK AS TO SATISFACTORY QUALITY PERFORMANCE, ACCURACY AND EFFORT. Use of the game may adversely affect the operation of other software and devices. To the maximum extent permitted under applicable law, M.A.R.S. is offered on an "AS-IS" basis and SubaGames does NOT warrant that the functions contained in M.A.R.S. will meet your requirements or that the operation of M.A.R.S. will be uninterrupted or error free or that such errors will be corrected. Computer software is inherently subject to bugs and potential incompatibility with other computer software and hardware. You should not use the M.A.R.S. in any way shape or form or application that could cause harm that is physical, psychological or emotional for others.   
b.	SubaGames provides M.A.R.S. “AS IS” and disclaim any harm that may come to your computer, or yourself as a use of this product.  This product does not come with a warranty.  All item sales are final and there will be no refunds given except as deemed appropriate by us.  
c.	IN NO EVENT DOES SubaGames or AxionGames PROVIDE ANY WARRANTY OR REPRESENTATIONS WITH RESPECT TO ANY THIRD PARTY HARDWARE OR SOFTWARE WITH WHICH THE SOFTWARE IS DESIGNED TO BE USED, AND SubaGames as and AxionGames DISCLAIMS ALL LIABILITY WITH RESPECT TO ANY FAILURES THEREOF. 
9.	LIMITATION OF LIABILITY. Notwithstanding any damages that you might incur, the entire liability of SubaGames and AxionGames and any of its suppliers under any provision of this EULA and your exclusive remedy for all of the foregoing shall be foregone as M.A.R.S. is offered on a FREE BASIS.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SubaGames OR AxionGames OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF ITEMS, FOR LOSS OF DATA OR OTHER INFORMATION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, THIRD PARTY SOFTWARE AND/OR THIRD PARTY HARDWARE USED WITH THE SOFTWARE, OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THIS EULA), EVEN IF SubaGames, AxionGames OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE. Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
10.	INDEMNITY. You agree to indemnify and hold SubaGames, AxionGames and its officers, directors, employees and licensors harmless from any claim or demand (including but not limited to reasonable legal fees) made by a third party due to or arising out of or related to your violation of the terms and conditions of this Agreement, your violation of any laws, regulations or third party rights or your negligent act, omission or willful misconduct. 
11.	U.S. GOVERNMENT CUSTOMERS. M.A.R.S. is a "Commercial Item" as that term is defined in 48 C.F.R. 12.212 or 48 C.F.R. 227.7202, as applicable. Consistent with 48 C.F.R. 12.212 or 48 C.F.R. 227.7202, as applicable, Commercial Computer Software and Commercial Computer Software Documentation are licensed to the U.S. Government users (i) only as Commercial Items and (2) only with those rights granted to other use under this EULA. Unpublished rights are reserved under the copyrights of the United States. 
12.	COMPLIANCE WITH LAWS. You shall comply with all laws and regulations of the United States and other countries ("Export Laws") to ensure that M.A.R.S. is not (1) exported, directly or indirectly, in violation of Export Laws, or (2) used for any purpose prohibited by Export Laws, including, without limitation, nuclear, chemical, or biological weapons proliferation. You further agree that you will not use the Software for any purpose prohibited under applicable law.
13.	APPLICABLE LAW. This EULA is governed by the laws of the Province of Ontario exclusive of conflict of law provisions and you abide to the jurisdiction of the courts of the province of Ontario with respect to any proceedings arising from this EULA. The parties hereby agree that this Agreement is not governed by the United Nations Convention on Contracts for the International Sale of Goods.
14.	ENTIRE AGREEMENT. This EULA is the entire agreement between you and SubaGames relating to M.A.R.S. and it supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to M.A.R.S. or any other subject matter covered by this EULA. To the extent the terms of any SubaGames policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control. In the event of a conflict between the English and any non-English versions of this EULA, the English version shall govern. If any provision of this EULA is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provision of the EULA will remain in force and effect. Sections 5, 6, 9, 10, 11, 14 and 15 shall survive termination of this EULA.
©2020 SubaGames. Nothing herein should be construed as constituting a warranty. SubaGames nor AxionGames shall not be liable for technical or editorial errors or omissions contained herein. Use of M.A.R.S. is under license ©AxionGames. All rights reserved.