For purposes of this Agreement, “App” means the software program made available by Elena Titarenko (“Us”, “We”, “Our”) and related services (“Services”) accessed by means of the software program. App also includes accompanying manual(s), packaging and other written, files, electronic or on-line materials or documentation, and any and all copies of the App and related materials.
For the purposes of this Agreement, “Device” means any platform or equipment by which you access the App, in all forms now known or hereafter created, including, without limitation, handheld devices, mobile phones, consoles, and personal computers.
LICENSE TO USE THE APP. We grant you the non-exclusive, non-transferable, non-sublicensable, limited right and license to use one copy of the App for your personal non-commercial use for gameplay on a single Device, unless otherwise specified in the App documentation. Your rights are subject to your compliance with this Agreement. The term of your license under this Agreement shall commence on the date that you install or otherwise use the App and ends on the earlier date of either your disposal of the App or Our termination of this Agreement. Your license terminates immediately if you attempt to circumvent any technical protection measures used in connection with the App. The App is being licensed to you and you hereby acknowledge that no title or ownership in the App is being transferred or assigned and this Agreement should not be construed as a sale of any rights in the App. All rights not specifically granted under this Agreement are reserved by Us.
LICENSE TO USE APP CONTENT. The information, pictures, graphics, games, upgrades for use in App (e.g., new levels, characters, and in-game items, etc.) (“Game Items”), and other content, features and services available in the App (collectively, the “App Content”) are owned by Us or Our suppliers or licensors and are protected by copyright and other laws throughout the world. We grant you a non-exclusive license to reproduce portions of the App Content for the sole purpose of reviewing and using the App Content as permitted in this Agreement. We may require you to pay a fee for a non-exclusive license to use certain App Content. You acknowledge that App Content has no real world value, is licensed as part of, and may only be used in, the App or specific Service page that such App Content is designed to work with. Accordingly, you may not sell or transfer the App Content and all such transfers or sales are null and void. All copyright and other proprietary notices on any App Content must be retained on any copies. Any unauthorized reproduction or modification, distribution, or performance of any App Content is strictly prohibited. We reserves all rights not granted in this Agreement.
OWNERSHIP. We retain all right, title and interest to the App, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, audiovisual effects, themes, characters, character names, stories, dialog, settings, artwork, sound effects, musical works, and moral rights whether registered or not and all applications thereof. The App is protected by applicable laws and treaties throughout the world. Unless expressly authorized by mandatory legislation, the App may not be copied, reproduced or distributed in any manner or medium, in whole or in part, without Our prior written consent. All rights not expressly granted to you herein are reserved by Us.
2. LICENSE CONDITIONS. You will not: (i) commercially exploit the App; (ii) distribute, lease, license, sell, rent, lend, convey or otherwise transfer or assign the App, any passwords or usernames or any copies of the App, without Our express prior written consent or as set forth in this Agreement; (iii) make a copy of the App or any part thereof (other than as set forth herein); (iv) make a copy of the App publicly available or available on a network for use or download by multiple users; (v) except as otherwise specifically provided by the App or this Agreement, use or install the App (or permit others to do same) on a network, for on-line use, or on more than one Device at the same time; (vi) use or copy the App at a computer gaming center or any other location-based site; provided, that We may offer you a separate site license agreement to make the App available for commercial use; (vii) reverse engineer, decompile, disassemble, translate, prepare derivative works based on or otherwise modify the App, in whole or in part; (viii) remove, obscure or modify any copyright, trademark or other proprietary rights notices, marks or labels contained on or within the App, falsify or delete any author attributions, legal notices or other labels of the origin or source of the material; (ix) misrepresent the source of ownership of the App; (x) transport, export or re-export (directly or indirectly) into any country forbidden to receive such App by any Canadian, U.S., European Union or other export laws or accompanying regulations or otherwise violate such laws or regulations, that may be amended from time to time; or (xi) scrape, build databases or otherwise create permanent copies of content returned from the App.
The App may include measures to control access to the App, prevent unauthorized copies, or otherwise attempt to prevent anyone from exceeding the limited rights and licenses granted under this Agreement. Only the App which is subject to a valid license can be used to access online services, and download updates and patches. You may not interfere with such access control measures or attempt to disable or circumvent such security features. If you disable or otherwise tamper with the technical protection measures, the App will not function properly.
The App may allow you to create content, including, but not limited to, photos incorporating elements or graphics from the game, screenshots or a video of your game play. In exchange for use of the App, and to the extent that your contributions through use of the App give rise to any copyright, you hereby grant Us an exclusive, perpetual, irrevocable, fully transferable and sub-licensable worldwide right and license to use your contributions in any way and for any purpose, including, but not limited to, the rights to reproduce, copy, adapt, modify, perform, display, publish, broadcast, transmit, or otherwise communicate to the public by any means whether now known or unknown, and distribute your contributions without any further notice or compensation to you of any kind for the whole duration of protection granted to intellectual property rights by applicable laws and international conventions. If not expressly prohibited by mandatory legislation, you hereby waive any moral rights of paternity, publication, reputation, or attribution with respect to Our and other players’ use and enjoyment of such assets in connection with the App and related goods and services under applicable law. This license grant to Us, and the above waiver of any applicable moral rights, survives any termination of this Agreement.
The App may require an internet connection to access the App or its internet-based features, authenticate the App, or perform other functions. In order for certain features of the App to operate properly, you may be required to have and maintain: (a) an adequate internet connection; and/or (b) a valid and active account with an online service as set forth in the App documentation. If you do not maintain such accounts, then the App or certain features of the App may not operate or may cease to function properly, either in whole or in part.
4. THIRD-PARTY PRODUCTS AND SERVICES. Please note that your access to and use of the App may be subject to certain third-party terms and conditions and privacy policies, including, but not limited to, application stores, advertisers, analytics providers, on-line gaming platforms and social networking services. We are not liable for any such third-party terms and conditions and any third party’s use of your Personal Information. By accepting this Agreement you also accept the terms of Our partners and third party vendors.
We may offer links to advertisements and/or enable you to access third-party products or services. While using such products or services, you are using products or services developed and administered by people or companies not affiliated with or controlled by Us. We are not responsible for the actions of those people or companies, the content of their products or services, the use of information you provide to them or any products or services they may offer. Links to products or services do not constitute sponsorship of, or affiliation with, those people or companies.
5. WARRANTY. THE APP IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIMS ALL CONDITIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE CONDITIONS OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT, AND SYSTEM INTEGRATION WITH RESPECT TO THE APP. WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE.
IN NO EVENT WILL WE BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, ACCESS, USE OR MALFUNCTION OF THE APP, INCLUDING, BUT NOT LIMITED TO, DAMAGES TO PROPERTY, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, PROPERTY DAMAGE, LOST PROFITS OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE APP, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR LIABILITY FOR ALL DAMAGES (EXCEPT AS REQUIRED BY APPLICABLE LAW) EXCEED THE ACTUAL PRICE PAID BY YOU FOR USE OF THE APP.
BECAUSE SOME STATES/COUNTRIES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS AND/OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATIONS AND/OR EXCLUSION OR LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. THIS WARRANTY SHALL NOT BE APPLICABLE SOLELY TO THE EXTENT THAT ANY SPECIFIC PROVISION OF THIS WARRANTY IS PROHIBITED BY ANY FEDERAL, STATE, OR MUNICIPAL LAW, WHICH CANNOT BE PRE-EMPTED. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
6. TERMINATION. This Agreement will terminate automatically if you fail to comply with its terms and conditions. In such event, you must destroy all copies of the App and all of its component parts. With regard to the App delivered on a physical storage medium you can end this Agreement by destroying the App and all copies and reproductions of the App and deleting and permanently purging the App from any client server or computer on which it has been installed.
7. EQUITABLE REMEDIES. If the terms of this Agreement are not specifically enforced, We will be irreparably damaged, and therefore you agree that We shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to your breach of any of the terms of this Agreement, in addition to any other available remedies.
8. INDEMNITY. You indemnify, defend and hold Us, Our partners, affiliates, contractors, officers, directors, employees and agents harmless from and against any and all damages, losses and expenses arising directly or indirectly from your acts and omissions to act in using the App pursuant to the terms of the Agreement.
9. MISCELLANEOUS. This Agreement represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between the parties. This Agreement may be amended only by a written document executed by both parties. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the remaining provisions of this Agreement shall not be affected.
10. GOVERNING LAW. This Agreement will be governed by the laws of England and Wales. The United Nations Convention for the International Sale of Goods shall not apply. Any dispute, controversy or claim arising out of or relating to this Agreement or the breach, termination or validity thereof shall be finally settled at Our discretion: (i) at your domicile’s competent courts; or (ii) by arbitration in accordance with the Arbitration Rules of International Chamber of Commerce. If you have any questions concerning this Agreement, you may contact email@example.com.