Thanks for playing Cogs! It took a long time for me to make Cogs and the sales help pay my bills, so please exercise common courtesy. Don't pirate Cogs, resell it, or steal the code.

That should be all that I need to say, but for good measure, my lawyer friends insist that I include a full license agreement.

        Rob Jagnow
        Founder, Lazy 8 Studios


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.

    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. Privacy.  We reserve the right to collect anonymized usage data to improve our product and services. Any such collection will be limited to non-identifying information used solely for product enhancement and to better understand our audience for marketing purposes.

  7. 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.

  8. 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.

  9. 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.

  10. 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.

  11. 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.

  12. 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.

  13. 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.