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END USER LICENCE AGREEMENT – MAJESTIC NIGHTSATTENTION: This is a legally binding contract. You must be over 18 years of age to use the Software.Please read this agreement carefully, as it controls the way you (the personal installing and/or using the Software) may and may not use the underlying software relating to the game entitled ‘Majestic Nights’ (the “Game”) together with all content, parts, property, levels, episodes, add-ons, updates, upgrades, code, functions, in-app purchases, documentation, material and intellectual property related to the Game (together, the “Software”).Acceptance of This Agreement: By installing the Software or otherwise reproducing or using it on your device, you will have entered a legally binding agreement with Epiphany Games Pty Ltd (“we”, “our”, “us”) relating to the Software. If you do not agree to the terms of this agreement (the “EULA”) please do not proceed with installation of the Software and/or remove the Software from your device and refrain from using the Software.Rights in the SoftwareLicence: Subject to you paying the relevant fees required to install and or access the Software (or any part of the Software), we grant you a licence to use the Software for the purpose of playing the Game and using the Software functions (as they are provided) for personal entertainment purposes, subject to the terms of this EULA.Intellectual Property Rights in Our Software:We shall remain the owner and controller of the Software and all rights (including copyright and all other intellectual property rights) in and to the Software, the Game and all names relating to and/or used in the Game. You acknowledge you obtain no ownership in the Software.
Restrictions on Use
No Commercial Exploitation: You may not use the Software or Game for any commercial purpose, including developing similar games, spin-offs, sequels or derivaties or commercially using the name of the Game.
Personal Use Only: You may not sell, assign, license, rent, lend, share or transfer in any way the right to use the Software to others. You may only allow others to use the Software on a non-commercial basis if they agree to this EULA and you agree to be responsible and liable for any use by that person and any breach by that person of this EULA.No Modification or Hacking: You may not modify, add-to, reverse engineer, decompile, adapt, reproduce, edit, disassemble, combine, ‘hack’, ‘infect’ or otherwise amend the Software, including any artwork or graphics in the Game (except to the extent permitted by law) and you may not remove any copyright or other notices embodied in or associated with the Software.No Inappropriate Conduct:You mat not use (or authorise others to use) the Software in any illegal manner or for any illegal purpose, including in any way that infringes another person’s intellectual property rights (such as copyright or trade mark rights).No Use In Prohibited Countries: You may not download, install, reproduce or otherwise use the Software in any country in which the Software is prohibited or infringes the law (and you may not authorise others to do the same).What You Should and Should Not Expect From UsSoftware ‘AS IS’: You acknowledge that the Software is provided ‘as is’ and use of the Software is at your own risk.Software Upgrades:We may upgrade the Software or any software used in connection with the Software at any time.Software’s Continued Operation: It is your sole responsibility to upgrade your software and hardware to ensure the Software runs on your device. We are not responsible for providing any hardware, further software or application that allows proper use of the Software.Your Further Promises To UsTrue Information: You promise that any information you provide us (or our representatives) will be, and will be kept, accurate, current and complete.Software Not Infringing: You agree that you have not obtained the Software illegally or otherwise without authorisation.You are Not a Minor: You promise you are 18 years of age or older.Liability and IndemnityIndemnity: You agree to indemnify us (including our directors, agents, employees, representatives or contractors) for all costs and damages we may suffer as a result of your use of the Software and your infringement of this EULA.Limited Promises and Liability: To the maximum extent permitted by law, all express or implied terms, conditions, warranties, statements, assurances and representations in relation to the Software or service provided by us are expressly excluded. We make no promises that the Software will operate on your device and we do not assume any responsibility for (and we shall not be liable for) any cost, damage or loss incurred by you as a result of using the Software including arising from or in relation to any installation, error, action, omission, “bug”, interruption, interference, deletion, defect, delay in operation or transmission, communication line failure, theft, destruction or unauthorised access to, or alteration of the Software, whether negligent or otherwise.If any of the exclusions or limitations set out in this clause are declared illegal or void or if you claim that there has been a breach of a term, condition, warranty, statement or assurance which cannot be excluded by this EULA, then to the extent permitted by law, our entire liability and your exclusive remedy is limited, in our discretion, to: (a) with respect to the supply of goods: (i) the replacement of the goods or the supply of equivalent goods; (ii) the repair of the goods; (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or (iv) the payment of the cost of having the goods repaired; (b) with respect to the supply of services: (i) the re-supply of the services; or (ii) the payment of the cost of having the services re-supplied.In no event will we (including our directors, agents, employees, representatives or contractors) be liable for any: (a) direct loss; or (b) indirect or consequential loss (including, but not limited to, loss of profits, production, data, opportunity or goodwill; or business interruption, even if we are aware of the possibility of such loss or if such loss was otherwise foreseeable), however caused and on any theory of liability, including without limitation, contract or tort (including negligence or otherwise) arising during and/or as a result of the performance or non-performance of this EULA by us.Notwithstanding any of the above, our maximum cumulative financial liability under this EULA shall not exceed the amounts paid to us (or our representatives) by you.Terminating this EULAYour Termination: You may terminate this EULA by removing the Software from your device and ceasing use of the Software.Our Termination: We may terminate this EULA, by notice in writing to you, if you materially or repetitively breach this EULA. If we terminate this EULA, all your rights to use the Software will cease immediately and you must remove the Software from your device(s) and cease all use of the Software.MiscellaneousEntire Agreement: The terms of this EULA constitutes the entire agreement between you and us with respect to the subject matter of this EULA. You acknowledge that we do not give any warranties or make any representations other than those expressly set out in this EULA. If were given, you acknowledge you did not rely upon them in entering this EULA.No Waiver: The waiver or failure of either party to exercise in any respect any right provided for in this EULA shall not be deemed a waiver of any further right under this EULA.Jurisdiction: The construction, validity and performance of this agreement shall be governed in all respects by the law of New South Wales, and the parties submit unconditionally to the jurisdiction of the Courts of New South Wales.Unenforceability: If any provision of this EULA is held to be invalid or unenforceable for any reason in any jurisdiction, it shall be severable in that jurisdiction and shall not affect the remaining provisions of this EULA in the jurisdiction and shall not affect the interpretation of this EULA in any other jurisdiction.
Restrictions on Use
No Commercial Exploitation: You may not use the Software or Game for any commercial purpose, including developing similar games, spin-offs, sequels or derivaties or commercially using the name of the Game.
Personal Use Only: You may not sell, assign, license, rent, lend, share or transfer in any way the right to use the Software to others. You may only allow others to use the Software on a non-commercial basis if they agree to this EULA and you agree to be responsible and liable for any use by that person and any breach by that person of this EULA.No Modification or Hacking: You may not modify, add-to, reverse engineer, decompile, adapt, reproduce, edit, disassemble, combine, ‘hack’, ‘infect’ or otherwise amend the Software, including any artwork or graphics in the Game (except to the extent permitted by law) and you may not remove any copyright or other notices embodied in or associated with the Software.No Inappropriate Conduct:You mat not use (or authorise others to use) the Software in any illegal manner or for any illegal purpose, including in any way that infringes another person’s intellectual property rights (such as copyright or trade mark rights).No Use In Prohibited Countries: You may not download, install, reproduce or otherwise use the Software in any country in which the Software is prohibited or infringes the law (and you may not authorise others to do the same).What You Should and Should Not Expect From UsSoftware ‘AS IS’: You acknowledge that the Software is provided ‘as is’ and use of the Software is at your own risk.Software Upgrades:We may upgrade the Software or any software used in connection with the Software at any time.Software’s Continued Operation: It is your sole responsibility to upgrade your software and hardware to ensure the Software runs on your device. We are not responsible for providing any hardware, further software or application that allows proper use of the Software.Your Further Promises To UsTrue Information: You promise that any information you provide us (or our representatives) will be, and will be kept, accurate, current and complete.Software Not Infringing: You agree that you have not obtained the Software illegally or otherwise without authorisation.You are Not a Minor: You promise you are 18 years of age or older.Liability and IndemnityIndemnity: You agree to indemnify us (including our directors, agents, employees, representatives or contractors) for all costs and damages we may suffer as a result of your use of the Software and your infringement of this EULA.Limited Promises and Liability: To the maximum extent permitted by law, all express or implied terms, conditions, warranties, statements, assurances and representations in relation to the Software or service provided by us are expressly excluded. We make no promises that the Software will operate on your device and we do not assume any responsibility for (and we shall not be liable for) any cost, damage or loss incurred by you as a result of using the Software including arising from or in relation to any installation, error, action, omission, “bug”, interruption, interference, deletion, defect, delay in operation or transmission, communication line failure, theft, destruction or unauthorised access to, or alteration of the Software, whether negligent or otherwise.If any of the exclusions or limitations set out in this clause are declared illegal or void or if you claim that there has been a breach of a term, condition, warranty, statement or assurance which cannot be excluded by this EULA, then to the extent permitted by law, our entire liability and your exclusive remedy is limited, in our discretion, to: (a) with respect to the supply of goods: (i) the replacement of the goods or the supply of equivalent goods; (ii) the repair of the goods; (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or (iv) the payment of the cost of having the goods repaired; (b) with respect to the supply of services: (i) the re-supply of the services; or (ii) the payment of the cost of having the services re-supplied.In no event will we (including our directors, agents, employees, representatives or contractors) be liable for any: (a) direct loss; or (b) indirect or consequential loss (including, but not limited to, loss of profits, production, data, opportunity or goodwill; or business interruption, even if we are aware of the possibility of such loss or if such loss was otherwise foreseeable), however caused and on any theory of liability, including without limitation, contract or tort (including negligence or otherwise) arising during and/or as a result of the performance or non-performance of this EULA by us.Notwithstanding any of the above, our maximum cumulative financial liability under this EULA shall not exceed the amounts paid to us (or our representatives) by you.Terminating this EULAYour Termination: You may terminate this EULA by removing the Software from your device and ceasing use of the Software.Our Termination: We may terminate this EULA, by notice in writing to you, if you materially or repetitively breach this EULA. If we terminate this EULA, all your rights to use the Software will cease immediately and you must remove the Software from your device(s) and cease all use of the Software.MiscellaneousEntire Agreement: The terms of this EULA constitutes the entire agreement between you and us with respect to the subject matter of this EULA. You acknowledge that we do not give any warranties or make any representations other than those expressly set out in this EULA. If were given, you acknowledge you did not rely upon them in entering this EULA.No Waiver: The waiver or failure of either party to exercise in any respect any right provided for in this EULA shall not be deemed a waiver of any further right under this EULA.Jurisdiction: The construction, validity and performance of this agreement shall be governed in all respects by the law of New South Wales, and the parties submit unconditionally to the jurisdiction of the Courts of New South Wales.Unenforceability: If any provision of this EULA is held to be invalid or unenforceable for any reason in any jurisdiction, it shall be severable in that jurisdiction and shall not affect the remaining provisions of this EULA in the jurisdiction and shall not affect the interpretation of this EULA in any other jurisdiction.