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END USER LICENSE AGREEMENT (EULA)
THIS SOFTWARE IS LICENSED, NOT SOLD. EXPONE, 411 avenue Charles Despiau, France, reserves all rights not expressly granted to you. The products that are subject to this license are referred to in this license as the « Game Software ».
The Game Software includes the editing software you have just downloaded or any part of the Game Software, all software included with the video game, the associated media, any updates and upgrades that replace or supplement the software that are not distributed with a separate license, the associated media, any software associated with the online mode of the video game, any online or electronic documentation, and any and all copies of such software and materials.
It also includes any other content available for download whether for purchase or offered without cost by EXPONE, the packaging, printed manuals and any other materials accompanying the Game Software if applicable, and the unique alpha-numeric sequence of numbers which is printed on the manual and/or other documents included with the physical materials or delivered to you electronically which when activated on a third-party platform enable you to redeem, access, download and use the Game Software.
If you have any questions about this agreement, you can reach EXPONE by email : contact@profarmmanager.com
This is a legal agreement between you and EXPONE. Please review this End User License Agreement (“Agreement”) carefully before installing, accessing or utilizing the game you have just purchased (“Game Software”). Please inquire about anything you do not understand. Parents or legal guardian must review and agree to this End User Agreement for under eighteen (18) year-old users in France.
IMPORTANT - READ CAREFULLY: BY INSTALLING, OPENING, COPYING AND/OR OTHERWISE USING THIS GAME SOFTWARE YOU HEREBY ACKNOWLEDGE, ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. THIS AGREEMENT, AS AMENDED FROM TIME TO TIME AND PUBLISHED AT http://profarmmanager.com/en/site-terms INCORPORATES THE EXPONE PRIVACY POLICY (PUBLISHED AT http://profarmmanager.com/en/privacy. THE AGREEMENT APPLIES TO ALL USERS OF THE GAME SOFTWARE INCLUDING USERS WHO ARE ALSO CONTRIBUTORS OF CONTENT, INFORMATION, AND OTHER MATERIALS OR SOFTWARE. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO INSTALL, OPEN, COPY OR OTHERWISE USE THE GAME SOFTWARE. YOUR REMEDY FOR DISSATISFACTION WITH THE GAME SOFTWARE OR ANY OTHER MATERIALS OR INFORMATION MADE AVAILABLE BY OR THROUGH EXPONE, IS TO STOP USING SUCH GAME SOFTWARE. YOUR AGREEMENT WITH EXPONE REGARDING COMPLIANCE WITH THE AGREEMENT BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THE GAME SOFTWARE. IF YOU DO NOT AGREE TO THE TERMS SET FORTH IN THIS AGREEMENT, DO NOT DOWNLOAD OR USE THE GAME SOFTWARE AND EXPONE SHALL NOT GRANT, OR BE DEEMED TO GRANT, TO YOU THE LICENSE TO INSTALL AND USE THE GAME SOFTWARE.
The Game Software is offered subject to your compliance with all of the terms and conditions contained herein and all other operating rules, policies and procedures. In addition, some applications offered through or in connection with the Game Software may be subject to additional terms and conditions published by EXPONE from time to time. Any material modifications to the Agreement will also be brought to your attention by posting on http://profarmmanager.com/en/site-terms/ or http://profarmmanager.com/en/privacy/. Such material modifications will be effective immediately, and will apply to disputes arising under the Agreement from the date of posting forward. Your continued use of the Game Software after a modification has been made to the Agreement constitutes your acceptance of such modification.
Local laws in your respective jurisdiction may require that you are of a certain age in order to enter into certain legally binding arrangements such as the terms of this Agreement.
In the event that you are under the required age, you may not continue to use the Game Software, unless your parent or legal guardian has reviewed and agreed to these terms. Local laws may also require that children under a certain age are supervised during their use of the Game Software. By using the Game Software, you warrant that you are old enough to use the Game Software without supervision. If you are under the required age, your parent or legal guardian warrants that they are supervising and monitoring your use of the Game Software at all times.
This Game Software may not be appropriate for children under a certain age. Where possible, EXPONE shall provide an indication of the appropriate age based on the content contained within the Game Software using a games rating. The games rating is a guideline only and EXPONE shall not be liable in the event that you deem such material to be inappropriate for the age rating in all the circumstances. Please be aware that not all features of the Game Software are rated and some features may contain adult language and material.
Subject to your compliance with the terms and conditions of the Agreement, EXPONE hereby grants you a non-exclusive, non-transferable, limited, fully revocable right and license to install, access and use one (1) copy of the Game Software solely and exclusively for your personal and non-commercial use. This Agreement shall also apply to any patches, updates or upgrades you may obtain for the any of the Game Software. IN ACCORDANCE WITH AND WITHOUT LIMITATION TO THE PROVISIONS OR PROTECTIONS SET FORTH HEREIN, DUPLICATION, COPYING OR ANY FORM OF REPRODUCTION OF THE GAME SOFTWARE OR RELATED INFORMATION OR MATERIALS TO ANY OTHER SERVER OR LOCATION FOR THE PURPOSES OF ANY OTHER FORM OF REPRODUCTION OR ANY FORM OF DISTRIBUTION IS EXPRESSLY AND EXPLICITLY PROHIBITED. All rights not specifically granted under this Agreement are hereby reserved by EXPONE and, as applicable, by its licensors.
You may not cause or permit the sale or other commercial distribution or commercial exploitation (e.g., by renting, licensing, sublicensing, leasing, disseminating, uploading, downloading, transmitting, whether on a pay-per-play basis or otherwise) of the Game Software (or any part thereof), without the express prior written consent of an authorised representative of EXPONE.
YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE GAME SOFTWARE, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL SUCH RIGHTS ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF EXPONE. Except as expressly licensed to you herein, all right, title, and interest in and to the Game Software and any and all associated copyrights, trademarks and intellectual properties therein and/or related thereto and all copies thereof (including, but not limited to, any patches, updates, copies, derivative works, titles, computer code, themes, objects, characters, character names, stories, dialogs, catch phrases, locations, concepts, artwork, images, animation, sounds, musical compositions, audio-visual effects, text, methods of operation, moral rights, “applets” incorporated into the Game Software and any related documentation) are owned by EXPONE or EXPONE’s licensors.
EXPONE does not recognise the transfer of the Game Software. Therefore, you may not give, purchase, sell, bargain, barter, market, trade, offer for sale, sell, license, assign or otherwise divest your rights, responsibilities or obligations under this Agreement, either in whole or in part, without the prior written consent of EXPONE. Any attempt to do so shall be void and of no effect.
You agree to only use the Game Software, or any part of it, in a manner that is consistent with this Agreement, and you SHALL NOT:
Furthermore, you agree that you shall abide by the safety information, maintenance instructions or other relevant notices contained in the manual or other documentation accompanying the Game Software.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOU EXPRESSLY AGREE THAT THE USE OF THE GAME SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE GAME SOFTWARE IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND EXPONE HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE GAME SOFTWARE, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE GAME SOFTWARE WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE GAME SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE GAME SOFTWARE WILL BE INTEROPERABLE OR COMPATABILE WITH OTHER SOFTWARE, OR (D) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE GAME SOFTWARE WILL BE EFFECTIVE, ACCURATE OR RELIABLE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY EXPONE OR ITS AUTHORIZED REPRESENTATIVE(S) SHALL CREATE A WARRANTY.
AT SOME POINT IN THE FUTURE THE GAME SOFTWARE MAY GO OUT OF DATE, AND EXPONE MAKES NO COMMITMENT TO UPDATE SUCH GAME SOFTWARE. THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS SECTION APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE GAME SOFTWARE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. THE USE OF THE GAME SOFTWARE OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH OR IN CONNECTION WITH GAME SOFTWARE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
EXPONE MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE GAME SOFTWARE, INFORMATION AND/OR RELATED GRAPHICS PUBLISHED AS PART OF THE GAME SOFTWARE FOR ANY PURPOSE. THE GAME SOFTWARE, INFORMATION AND RELATED GRAPHICS PUBLISHED AS PART OF THE GAME SOFTWARE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. YOU UNDERSTAND AND AGREE THAT TEMPORARY INTERRUPTIONS OF THE GAME SOFTWARE MAY OCCUR AS NORMAL EVENTS. YOU FURTHER UNDERSTAND AND AGREE THAT WE HAVE NO CONTROL OVER THIRD PARTY NETWORKS YOU MAY ACCESS IN THE COURSE OF THE USE OF THE GAME SOFTWARE, AND THEREFORE, DELAYS AND DISRUPTION OF OTHER NETWORK TRANSMISSIONS ARE COMPLETELY BEYOND EXPONE’S CONTROL.
YOU ACKNOWLEDGE AND AGREE THAT YOUR EXCLUSIVE REMEDY FOR ANY DISPUTE WITH EXPONE IS TO STOP USING THE GAME SOFTWARE. IN NO CASE SHALL ANY LIABILITY OF EXPONE TO YOU EXCEED THE AMOUNT THAT YOU PAID TO EXPONE OR ITS AFFILIATES AND/OR DESIGNEES FOR THE APPLICABLE GAME SOFTWARE GIVING RISE TO ANY SUCH LIABILITY. IN NO EVENT SHALL EXPONE OR ITS AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE GAME SOFTWARE, INCLUDING DAMAGES TO PROPERTY, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, EVEN IF EXPONE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF EXPONE AND THE EXPONE PARTIES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
Upon a request by EXPONE, you agree to defend, indemnify, and hold EXPONE and its affiliates harmless from all liabilities, claims, losses, costs and expenses, including attorneys’ fees, that arise from (a) your use of, or activities in connection with the Game Software ; (b) any violation of the Agreement by you; or (c) any allegation that any content that you make available via the Game Software infringes or otherwise violates the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party. EXPONE reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with EXPONE in asserting any available defenses.
EXPONE may make email, messaging, blogging, or chat (collectively, "Communication Software") available through the Game Software, either directly or through a third-party provider. EXPONE is not responsible for communications made by other users via the Communication Software. We are not responsible for communications made by you via the Communication Software. You acknowledge and agree that your communications made via the Communication Software are public and not private communications and that you have no expectation of privacy concerning your use of the Communication Software. You acknowledge and agree that personal information that you communicate via the Communication Software may be seen and used by others and may result in widespread distribution of such information. We strongly encourage you not to disclose any personal information in your public communications via the Communication Software unless you wish such information to be made permanently available to the public.
EXPONE may provide links to other third-party World Wide Web sites or resources through the Game Software, either directly or through a third-party provider. EXPONE makes no representations whatsoever about any other web site which you may access. Because EXPONE has no control over such sites and resources, you acknowledge and agree that EXPONE is not responsible for the availability of such external sites or resources and is not responsible or liable for any content, advertising, products, services or other materials on or available from such sites or resources and you access these websites at your own risk. References to any names, marks, products or services of any third parties or hypertext links to third party sites or information are provided solely as a convenience to you, and do not constitute or imply an endorsement, sponsorship or recommendation of, or affiliation with the third party or its products and services. EXPONE makes no representation or warranty as to any third party content, products or services, and you agree that EXPONE shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party content, products or services available on or through any such site or resource.
Although the Game Software may be accessible worldwide, we make no representation that the Game Software is available for use in your location, and the Game Software may not be accessed from territories where the content is prohibited by local laws. Those who choose to access the Game Software from such locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Any offer and/or information made in connection with the Game Software is void where prohibited.
The Agreement set forth herein continues to remain in full force and effect until such time as terminated by either party. You agree and acknowledge that you are not entitled to any refund for any amounts which were paid to EXPONE prior to any termination. You retain full discretion to discontinue use of the Game Software at any time, pursuant to the terms of this Agreement. Without prejudice to any other rights of EXPONE, this Agreement shall terminate automatically if you fail to comply with its terms and conditions. Upon termination, you must destroy all copies of the Game Software. The provisions of Sections 3, 4, 6, 7, 8, 10, 11 and 12 shall survive any termination of this Agreement.
Because EXPONE would be irreparably damaged if the terms of this Agreement were not specifically enforced, you agree that EXPONE shall be entitled, without bond or other security or proof of damages, to take such action as may be required, including seeking an injunction and other equitable remedies, in addition to any other remedies available to it under the applicable law.
YOU ACKNOWLEDGE THAT EXPONE DOES AND MAY COLLECT DATA DERIVED FROM YOUR PLAYING AND/OR USE OF ANY OF THE GAME SOFTWARE. FOR EXAMPLE, EXPONE MAY COLLECT OR PROCESS INFORMATION ABOUT YOUR COMPUTER, INCLUDING WHERE AVAILABLE YOUR IP ADDRESS AND OPERATING SYSTEM. THIS IS STATISTICAL DATA ABOUT YOUR BROWSING ACTIONS AND PATTERNS, AND DOES NOT IDENTIFY ANY INDIVIDUAL. THE COLLECTION AND STORAGE OF THE ABOVE DATA AND GAME PLAY IS SOLELY FOR THE PURPOSES OF FACILITATING THE EXISTING FUNCTIONALITY OF THE PRODUCTS, ASSISTING EXPONE IN ASSESSING IMPROVEMENTS TO IT AND OTHER GAMES BASED ON GENERAL PLAYING PATTERNS AND FOR DIGITAL MANAGEMENT PURPOSES (more details about EXPONE’s privacy policy can be found at : http://profarmmanager.com/en/privacy/).
Questions, comments and requests regarding the data we collect are welcomed and should be addressed to EXPONE, 411 avenue Charles Despiau, 40370 Rion des landes, France or contact@profarmmanager.com
This Agreement represents the complete agreement between you and EXPONE concerning the Game Software and supersedes all prior agreements and representations, warranties or understandings between you and EXPONE (whether negligently or innocently made but excluding those made fraudulently), regarding the same subject matter. EXPONE reserves the right to amend or modify this Agreement at any time, in any manner, without any liability to EXPONE and at EXPONE’s sole discretion.
If any part of the Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty, disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. Any failure by us to enforce or exercise any provision of the Agreement or related rights shall not constitute a waiver of that right or provision.
EXPONE may assign this Agreement, in whole or in part, at any time. Notwithstanding, you may not assign, transfer or sublicense any or all of your rights or obligations under the Agreement without EXPONE’s express prior written consent.
EXPONE’s performance of the Agreement is subject to existing laws and legal process, and nothing contained in the Agreement is in derogation of EXPONE’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Game Software or information provided to or gathered by EXPONE with respect to such use. In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of the Game Software arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, terrorism, fire, denial of service attack, internet outages, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
Nothing in this Agreement gives or claims to give to any third party any benefit or right to enforce any term of this Agreement.
The parties agree that all correspondence relating to this Agreement shall be written in the French language.
This Agreement shall be construed under laws of France, and you consent to the exclusive jurisdiction of the France Courts.
You may contact EXPONE at the following address:
EXPONE
411 avenue Charles Despiau
40370 Rion des landes
France
Email :contact@profarmmanager.com
UNLESS OTHERWISE NOTED, THE EXAMPLE COMPANIES, ORGANISATIONS, PRODUCTS, PEOPLE AND EVENTS DEPICTED IN THE GAME SOFTWARE ARE FICTITIOUS AND NO ASSOCIATION WITH ANY REAL COMPANY, ORGANISATION, PRODUCT, PERSON OR EVENT IS INTENDED OR SHOULD BE INFERRED.
BY CONTINUING TO USE THE EXPONE PRODUCT, YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE FOREGOING END USER LICENSE AGREEMENT AND AGREE THAT YOUR USE OF THE GAME SOFTWARE IS AN ACKNOWLEDGMENT OF YOUR AGREEMENT TO BE BOUND BY THE END USER LICENSE AGREEMENT.
Effective date : 29th May 2017
THIS SOFTWARE IS LICENSED, NOT SOLD. EXPONE, 411 avenue Charles Despiau, France, reserves all rights not expressly granted to you. The products that are subject to this license are referred to in this license as the « Game Software ».
The Game Software includes the editing software you have just downloaded or any part of the Game Software, all software included with the video game, the associated media, any updates and upgrades that replace or supplement the software that are not distributed with a separate license, the associated media, any software associated with the online mode of the video game, any online or electronic documentation, and any and all copies of such software and materials.
It also includes any other content available for download whether for purchase or offered without cost by EXPONE, the packaging, printed manuals and any other materials accompanying the Game Software if applicable, and the unique alpha-numeric sequence of numbers which is printed on the manual and/or other documents included with the physical materials or delivered to you electronically which when activated on a third-party platform enable you to redeem, access, download and use the Game Software.
If you have any questions about this agreement, you can reach EXPONE by email : contact@profarmmanager.com
This is a legal agreement between you and EXPONE. Please review this End User License Agreement (“Agreement”) carefully before installing, accessing or utilizing the game you have just purchased (“Game Software”). Please inquire about anything you do not understand. Parents or legal guardian must review and agree to this End User Agreement for under eighteen (18) year-old users in France.
IMPORTANT - READ CAREFULLY: BY INSTALLING, OPENING, COPYING AND/OR OTHERWISE USING THIS GAME SOFTWARE YOU HEREBY ACKNOWLEDGE, ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. THIS AGREEMENT, AS AMENDED FROM TIME TO TIME AND PUBLISHED AT http://profarmmanager.com/en/site-terms INCORPORATES THE EXPONE PRIVACY POLICY (PUBLISHED AT http://profarmmanager.com/en/privacy. THE AGREEMENT APPLIES TO ALL USERS OF THE GAME SOFTWARE INCLUDING USERS WHO ARE ALSO CONTRIBUTORS OF CONTENT, INFORMATION, AND OTHER MATERIALS OR SOFTWARE. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO INSTALL, OPEN, COPY OR OTHERWISE USE THE GAME SOFTWARE. YOUR REMEDY FOR DISSATISFACTION WITH THE GAME SOFTWARE OR ANY OTHER MATERIALS OR INFORMATION MADE AVAILABLE BY OR THROUGH EXPONE, IS TO STOP USING SUCH GAME SOFTWARE. YOUR AGREEMENT WITH EXPONE REGARDING COMPLIANCE WITH THE AGREEMENT BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THE GAME SOFTWARE. IF YOU DO NOT AGREE TO THE TERMS SET FORTH IN THIS AGREEMENT, DO NOT DOWNLOAD OR USE THE GAME SOFTWARE AND EXPONE SHALL NOT GRANT, OR BE DEEMED TO GRANT, TO YOU THE LICENSE TO INSTALL AND USE THE GAME SOFTWARE.
1.USER'S ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS
The Game Software is offered subject to your compliance with all of the terms and conditions contained herein and all other operating rules, policies and procedures. In addition, some applications offered through or in connection with the Game Software may be subject to additional terms and conditions published by EXPONE from time to time. Any material modifications to the Agreement will also be brought to your attention by posting on http://profarmmanager.com/en/site-terms/ or http://profarmmanager.com/en/privacy/. Such material modifications will be effective immediately, and will apply to disputes arising under the Agreement from the date of posting forward. Your continued use of the Game Software after a modification has been made to the Agreement constitutes your acceptance of such modification.
Local laws in your respective jurisdiction may require that you are of a certain age in order to enter into certain legally binding arrangements such as the terms of this Agreement.
In the event that you are under the required age, you may not continue to use the Game Software, unless your parent or legal guardian has reviewed and agreed to these terms. Local laws may also require that children under a certain age are supervised during their use of the Game Software. By using the Game Software, you warrant that you are old enough to use the Game Software without supervision. If you are under the required age, your parent or legal guardian warrants that they are supervising and monitoring your use of the Game Software at all times.
This Game Software may not be appropriate for children under a certain age. Where possible, EXPONE shall provide an indication of the appropriate age based on the content contained within the Game Software using a games rating. The games rating is a guideline only and EXPONE shall not be liable in the event that you deem such material to be inappropriate for the age rating in all the circumstances. Please be aware that not all features of the Game Software are rated and some features may contain adult language and material.
2. LIMITED USE LICENSE
Subject to your compliance with the terms and conditions of the Agreement, EXPONE hereby grants you a non-exclusive, non-transferable, limited, fully revocable right and license to install, access and use one (1) copy of the Game Software solely and exclusively for your personal and non-commercial use. This Agreement shall also apply to any patches, updates or upgrades you may obtain for the any of the Game Software. IN ACCORDANCE WITH AND WITHOUT LIMITATION TO THE PROVISIONS OR PROTECTIONS SET FORTH HEREIN, DUPLICATION, COPYING OR ANY FORM OF REPRODUCTION OF THE GAME SOFTWARE OR RELATED INFORMATION OR MATERIALS TO ANY OTHER SERVER OR LOCATION FOR THE PURPOSES OF ANY OTHER FORM OF REPRODUCTION OR ANY FORM OF DISTRIBUTION IS EXPRESSLY AND EXPLICITLY PROHIBITED. All rights not specifically granted under this Agreement are hereby reserved by EXPONE and, as applicable, by its licensors.
You may not cause or permit the sale or other commercial distribution or commercial exploitation (e.g., by renting, licensing, sublicensing, leasing, disseminating, uploading, downloading, transmitting, whether on a pay-per-play basis or otherwise) of the Game Software (or any part thereof), without the express prior written consent of an authorised representative of EXPONE.
3. NO RIGHT TO OWNERSHIP
YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE GAME SOFTWARE, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL SUCH RIGHTS ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF EXPONE. Except as expressly licensed to you herein, all right, title, and interest in and to the Game Software and any and all associated copyrights, trademarks and intellectual properties therein and/or related thereto and all copies thereof (including, but not limited to, any patches, updates, copies, derivative works, titles, computer code, themes, objects, characters, character names, stories, dialogs, catch phrases, locations, concepts, artwork, images, animation, sounds, musical compositions, audio-visual effects, text, methods of operation, moral rights, “applets” incorporated into the Game Software and any related documentation) are owned by EXPONE or EXPONE’s licensors.
4. NO SALE OR ASSIGNMENT
EXPONE does not recognise the transfer of the Game Software. Therefore, you may not give, purchase, sell, bargain, barter, market, trade, offer for sale, sell, license, assign or otherwise divest your rights, responsibilities or obligations under this Agreement, either in whole or in part, without the prior written consent of EXPONE. Any attempt to do so shall be void and of no effect.
5. LICENSE CONDITIONS
You agree to only use the Game Software, or any part of it, in a manner that is consistent with this Agreement, and you SHALL NOT:
- (a) exploit the Game Software or any of its parts commercially, including, but not limited to, at a cyber (Internet) café, computer gaming center or any other location-based site
- (b) use the Game Software or permit the use of the Game Software, on more than one computer, game console, mobile device, handheld device or PDA at the same time
- (c) use the Game Software, or permit use of such Game Software, or make the Game Software available for use in a network, multi-user arrangement, remote access arrangement, including where it could be downloaded by multiple users
- (d) sell, rent, lease, license, distribute or otherwise transfer this Game Software or any copies
- (e) reverse engineer, derive source code, modify, decompile, disassemble, copy, or create derivative works of the Game Software, in whole or in part
- (f) remove, disable or circumvent any security protections, proprietary notices or labels contained on or within the Game Software
- (g) export or re-export the Game Software or any copy or adaptation in violation of any applicable laws or regulations
- (h) create data or executable programs which mimic data or functionality in the Game Software
Furthermore, you agree that you shall abide by the safety information, maintenance instructions or other relevant notices contained in the manual or other documentation accompanying the Game Software.
6. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOU EXPRESSLY AGREE THAT THE USE OF THE GAME SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE GAME SOFTWARE IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND EXPONE HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE GAME SOFTWARE, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE GAME SOFTWARE WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE GAME SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE GAME SOFTWARE WILL BE INTEROPERABLE OR COMPATABILE WITH OTHER SOFTWARE, OR (D) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE GAME SOFTWARE WILL BE EFFECTIVE, ACCURATE OR RELIABLE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY EXPONE OR ITS AUTHORIZED REPRESENTATIVE(S) SHALL CREATE A WARRANTY.
AT SOME POINT IN THE FUTURE THE GAME SOFTWARE MAY GO OUT OF DATE, AND EXPONE MAKES NO COMMITMENT TO UPDATE SUCH GAME SOFTWARE. THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS SECTION APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE GAME SOFTWARE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. THE USE OF THE GAME SOFTWARE OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH OR IN CONNECTION WITH GAME SOFTWARE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
EXPONE MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE GAME SOFTWARE, INFORMATION AND/OR RELATED GRAPHICS PUBLISHED AS PART OF THE GAME SOFTWARE FOR ANY PURPOSE. THE GAME SOFTWARE, INFORMATION AND RELATED GRAPHICS PUBLISHED AS PART OF THE GAME SOFTWARE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. YOU UNDERSTAND AND AGREE THAT TEMPORARY INTERRUPTIONS OF THE GAME SOFTWARE MAY OCCUR AS NORMAL EVENTS. YOU FURTHER UNDERSTAND AND AGREE THAT WE HAVE NO CONTROL OVER THIRD PARTY NETWORKS YOU MAY ACCESS IN THE COURSE OF THE USE OF THE GAME SOFTWARE, AND THEREFORE, DELAYS AND DISRUPTION OF OTHER NETWORK TRANSMISSIONS ARE COMPLETELY BEYOND EXPONE’S CONTROL.
YOU ACKNOWLEDGE AND AGREE THAT YOUR EXCLUSIVE REMEDY FOR ANY DISPUTE WITH EXPONE IS TO STOP USING THE GAME SOFTWARE. IN NO CASE SHALL ANY LIABILITY OF EXPONE TO YOU EXCEED THE AMOUNT THAT YOU PAID TO EXPONE OR ITS AFFILIATES AND/OR DESIGNEES FOR THE APPLICABLE GAME SOFTWARE GIVING RISE TO ANY SUCH LIABILITY. IN NO EVENT SHALL EXPONE OR ITS AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE GAME SOFTWARE, INCLUDING DAMAGES TO PROPERTY, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, EVEN IF EXPONE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF EXPONE AND THE EXPONE PARTIES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
7. INDEMNIFICATION
Upon a request by EXPONE, you agree to defend, indemnify, and hold EXPONE and its affiliates harmless from all liabilities, claims, losses, costs and expenses, including attorneys’ fees, that arise from (a) your use of, or activities in connection with the Game Software ; (b) any violation of the Agreement by you; or (c) any allegation that any content that you make available via the Game Software infringes or otherwise violates the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party. EXPONE reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with EXPONE in asserting any available defenses.
8. E-MAIL, MESSAGING, BLOGGING AND CHAT
EXPONE may make email, messaging, blogging, or chat (collectively, "Communication Software") available through the Game Software, either directly or through a third-party provider. EXPONE is not responsible for communications made by other users via the Communication Software. We are not responsible for communications made by you via the Communication Software. You acknowledge and agree that your communications made via the Communication Software are public and not private communications and that you have no expectation of privacy concerning your use of the Communication Software. You acknowledge and agree that personal information that you communicate via the Communication Software may be seen and used by others and may result in widespread distribution of such information. We strongly encourage you not to disclose any personal information in your public communications via the Communication Software unless you wish such information to be made permanently available to the public.
EXPONE may provide links to other third-party World Wide Web sites or resources through the Game Software, either directly or through a third-party provider. EXPONE makes no representations whatsoever about any other web site which you may access. Because EXPONE has no control over such sites and resources, you acknowledge and agree that EXPONE is not responsible for the availability of such external sites or resources and is not responsible or liable for any content, advertising, products, services or other materials on or available from such sites or resources and you access these websites at your own risk. References to any names, marks, products or services of any third parties or hypertext links to third party sites or information are provided solely as a convenience to you, and do not constitute or imply an endorsement, sponsorship or recommendation of, or affiliation with the third party or its products and services. EXPONE makes no representation or warranty as to any third party content, products or services, and you agree that EXPONE shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party content, products or services available on or through any such site or resource.
9. INTERNATIONAL USE
Although the Game Software may be accessible worldwide, we make no representation that the Game Software is available for use in your location, and the Game Software may not be accessed from territories where the content is prohibited by local laws. Those who choose to access the Game Software from such locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Any offer and/or information made in connection with the Game Software is void where prohibited.
10. TERMINATION AND SURVIVABILITY OF TERMS
The Agreement set forth herein continues to remain in full force and effect until such time as terminated by either party. You agree and acknowledge that you are not entitled to any refund for any amounts which were paid to EXPONE prior to any termination. You retain full discretion to discontinue use of the Game Software at any time, pursuant to the terms of this Agreement. Without prejudice to any other rights of EXPONE, this Agreement shall terminate automatically if you fail to comply with its terms and conditions. Upon termination, you must destroy all copies of the Game Software. The provisions of Sections 3, 4, 6, 7, 8, 10, 11 and 12 shall survive any termination of this Agreement.
11. INJUNCTION
Because EXPONE would be irreparably damaged if the terms of this Agreement were not specifically enforced, you agree that EXPONE shall be entitled, without bond or other security or proof of damages, to take such action as may be required, including seeking an injunction and other equitable remedies, in addition to any other remedies available to it under the applicable law.
12. MISCELLANEOUS
YOU ACKNOWLEDGE THAT EXPONE DOES AND MAY COLLECT DATA DERIVED FROM YOUR PLAYING AND/OR USE OF ANY OF THE GAME SOFTWARE. FOR EXAMPLE, EXPONE MAY COLLECT OR PROCESS INFORMATION ABOUT YOUR COMPUTER, INCLUDING WHERE AVAILABLE YOUR IP ADDRESS AND OPERATING SYSTEM. THIS IS STATISTICAL DATA ABOUT YOUR BROWSING ACTIONS AND PATTERNS, AND DOES NOT IDENTIFY ANY INDIVIDUAL. THE COLLECTION AND STORAGE OF THE ABOVE DATA AND GAME PLAY IS SOLELY FOR THE PURPOSES OF FACILITATING THE EXISTING FUNCTIONALITY OF THE PRODUCTS, ASSISTING EXPONE IN ASSESSING IMPROVEMENTS TO IT AND OTHER GAMES BASED ON GENERAL PLAYING PATTERNS AND FOR DIGITAL MANAGEMENT PURPOSES (more details about EXPONE’s privacy policy can be found at : http://profarmmanager.com/en/privacy/).
Questions, comments and requests regarding the data we collect are welcomed and should be addressed to EXPONE, 411 avenue Charles Despiau, 40370 Rion des landes, France or contact@profarmmanager.com
This Agreement represents the complete agreement between you and EXPONE concerning the Game Software and supersedes all prior agreements and representations, warranties or understandings between you and EXPONE (whether negligently or innocently made but excluding those made fraudulently), regarding the same subject matter. EXPONE reserves the right to amend or modify this Agreement at any time, in any manner, without any liability to EXPONE and at EXPONE’s sole discretion.
If any part of the Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty, disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. Any failure by us to enforce or exercise any provision of the Agreement or related rights shall not constitute a waiver of that right or provision.
EXPONE may assign this Agreement, in whole or in part, at any time. Notwithstanding, you may not assign, transfer or sublicense any or all of your rights or obligations under the Agreement without EXPONE’s express prior written consent.
EXPONE’s performance of the Agreement is subject to existing laws and legal process, and nothing contained in the Agreement is in derogation of EXPONE’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Game Software or information provided to or gathered by EXPONE with respect to such use. In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of the Game Software arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, terrorism, fire, denial of service attack, internet outages, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
Nothing in this Agreement gives or claims to give to any third party any benefit or right to enforce any term of this Agreement.
The parties agree that all correspondence relating to this Agreement shall be written in the French language.
This Agreement shall be construed under laws of France, and you consent to the exclusive jurisdiction of the France Courts.
You may contact EXPONE at the following address:
EXPONE
411 avenue Charles Despiau
40370 Rion des landes
France
Email :contact@profarmmanager.com
UNLESS OTHERWISE NOTED, THE EXAMPLE COMPANIES, ORGANISATIONS, PRODUCTS, PEOPLE AND EVENTS DEPICTED IN THE GAME SOFTWARE ARE FICTITIOUS AND NO ASSOCIATION WITH ANY REAL COMPANY, ORGANISATION, PRODUCT, PERSON OR EVENT IS INTENDED OR SHOULD BE INFERRED.
BY CONTINUING TO USE THE EXPONE PRODUCT, YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE FOREGOING END USER LICENSE AGREEMENT AND AGREE THAT YOUR USE OF THE GAME SOFTWARE IS AN ACKNOWLEDGMENT OF YOUR AGREEMENT TO BE BOUND BY THE END USER LICENSE AGREEMENT.
Effective date : 29th May 2017