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EndUser License Agreement ("Agreement")
Last updated: 24th April 2017
Please read this EndUser License Agreement ("Agreement") carefully before clicking the "I Agree" button, downloading or using The Infectious Madness of Doctor Dekker ("Application").
By clicking the "I Agree" button, downloading or using the Application, you are agreeing to be bound by the terms and conditions of this Agreement.
If you do not agree to the terms of this Agreement, do not click on the "I Agree" button and do not download or use the Application.
LICENSE
D'Avekki Studios Limited ("We") grant you a revocable, nonexclusive, nontransferable, limited license to download, install and use the Application solely for your personal, noncommercial purposes strictly in accordance with the terms of this Agreement - upon payment of the applicable licence fees.
RESTRICTIONS
Unless otherwise permitted by law, you agree not to, and you will not permit others to:
a) license, sell, rent, lease, assign, distribute, host, outsource, disclose or otherwise commercially exploit the Application or make the Application available to any third party.
b) reverse engineer the Application, or describe the algorithmic structure, source code or inner workings of the Application
c) use the Application in any illegal or immoral way, or for any such purpose
d) create any derivative software that mimics the functionality of the Application
e) publish or distribute the Application for others to copy
PERMISSION FOR USER GENERATED CONTENT AND BROADCASTS
You may create and publish content that incorporates videos from the Application and monetise such content subject to the following conditions:
i) No out of context use. To protect the Actors in the Application, videos from the Application should not be used in conjunction with other videos or media, which could change the context of their responses. For example, using a video response from the Application of an actor saying the words "I like that" and editing this next to a product or image outside the application is not permitted.
ii) We reserve the right at any time to revoke this permission and for any reason by giving notice to you. Upon receipt of such notice you must remove the content from distribution immediately.
iii) No content that incorporates videos or gameplay from the Application may be published before the 19th May 2017 without express permission in writing from D’Avekki Studios Limited.
THIRD PARTY COMPONENTS
This Application incorporates some third party components which are subject to their own applicable licenses and a full list can be found at http://www.doctordekker.com/licenses.html
BY AGREEING TO THE TERMS OF THIS EULA, YOU AGREE TO BE BOUND BY THE APPLICABLE THIRD PARTY SOFTWARE LICENCES OF THESE COMPONENTS.
PRIVACY AND USAGE STATISTICS
The Application can automatically and anonymously send keyword guesses, time played, act, character and responses found to a central server.
A unique key is created in your settings file for this purpose. You cannot be identified from this data unless you tell us it's you. We do not store IP addresses along with this information. We will only use this information if necessary to fix bugs or improve the Application and it will not be shared with any third party.
By using the Application you AGREE to the transfer of this information.
MODIFICATIONS AND UPDATES
D'Avekki Studios Limited reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to you.
From time to time we may release new updates, patches, downloadable content of versions of the Application. You have no automatic right to these but if and when made available to you they shall be governed by the terms of this agreement and be considered part of the Application.
TERM AND TERMINATION
This Agreement shall remain in effect until terminated by you or D'Avekki Studios Limited. D'Avekki Studios Limited may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.
This Agreement will terminate immediately, without prior notice from D'Avekki Studios Limited, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies thereof from your mobile device or from your desktop.
Upon termination of this Agreement, you shall cease all use of the Application and delete all copies of the Application from your mobile device or from your desktop.
SEVERABILITY
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
AMENDMENTS TO THIS AGREEMENT
D'Avekki Studios Limited reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
INDEMNITY AND LIMITATION OF LIABILITY
The Application is supplied "as is" and there is no warranty as to fitness for any purpose, performance or compatibility.
D'Avekki Studios Limited's total liability is limited to the original purchase price paid for the Application if unable to repair or replace the Application.
You agree to indemnify and hold harmless D'Avekki Studios Limited, it's officers, agents and employees, from any and all liability or for claims associated with or arising from the misuse of the Application by you or by others you give access to the Application, including but not limited to claims arising from:
(a) your breach of this Agreement;
(b) any indirect loss, special or consequential loss;
(c) any act or omission, or default, or representation made by any person other than D'Avekki Studios Limited, it's agents and employees; or
(d) any cause beyond D'Avekki Studios Limited's reasonable control, and causes independent of human control that occurred after the Application was supplied.
DISPUTE RESOLUTION
In the case of any claim or dispute you agree to contact us first in an attempt to find an amicable resolution before resorting to any legal action.
GENERAL
These Terms and Conditions shall be governed by the laws of England, UK. Any dispute or controversy, not resolved in the normal way, shall be subject to the exclusive jurisdiction of the laws of England, UK.
CONTACT INFORMATION
If you have any questions about this Agreement, please contact us at legal@doctordekker.com
Last updated: 24th April 2017
Please read this EndUser License Agreement ("Agreement") carefully before clicking the "I Agree" button, downloading or using The Infectious Madness of Doctor Dekker ("Application").
By clicking the "I Agree" button, downloading or using the Application, you are agreeing to be bound by the terms and conditions of this Agreement.
If you do not agree to the terms of this Agreement, do not click on the "I Agree" button and do not download or use the Application.
LICENSE
D'Avekki Studios Limited ("We") grant you a revocable, nonexclusive, nontransferable, limited license to download, install and use the Application solely for your personal, noncommercial purposes strictly in accordance with the terms of this Agreement - upon payment of the applicable licence fees.
RESTRICTIONS
Unless otherwise permitted by law, you agree not to, and you will not permit others to:
a) license, sell, rent, lease, assign, distribute, host, outsource, disclose or otherwise commercially exploit the Application or make the Application available to any third party.
b) reverse engineer the Application, or describe the algorithmic structure, source code or inner workings of the Application
c) use the Application in any illegal or immoral way, or for any such purpose
d) create any derivative software that mimics the functionality of the Application
e) publish or distribute the Application for others to copy
PERMISSION FOR USER GENERATED CONTENT AND BROADCASTS
You may create and publish content that incorporates videos from the Application and monetise such content subject to the following conditions:
i) No out of context use. To protect the Actors in the Application, videos from the Application should not be used in conjunction with other videos or media, which could change the context of their responses. For example, using a video response from the Application of an actor saying the words "I like that" and editing this next to a product or image outside the application is not permitted.
ii) We reserve the right at any time to revoke this permission and for any reason by giving notice to you. Upon receipt of such notice you must remove the content from distribution immediately.
iii) No content that incorporates videos or gameplay from the Application may be published before the 19th May 2017 without express permission in writing from D’Avekki Studios Limited.
THIRD PARTY COMPONENTS
This Application incorporates some third party components which are subject to their own applicable licenses and a full list can be found at http://www.doctordekker.com/licenses.html
BY AGREEING TO THE TERMS OF THIS EULA, YOU AGREE TO BE BOUND BY THE APPLICABLE THIRD PARTY SOFTWARE LICENCES OF THESE COMPONENTS.
PRIVACY AND USAGE STATISTICS
The Application can automatically and anonymously send keyword guesses, time played, act, character and responses found to a central server.
A unique key is created in your settings file for this purpose. You cannot be identified from this data unless you tell us it's you. We do not store IP addresses along with this information. We will only use this information if necessary to fix bugs or improve the Application and it will not be shared with any third party.
By using the Application you AGREE to the transfer of this information.
MODIFICATIONS AND UPDATES
D'Avekki Studios Limited reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to you.
From time to time we may release new updates, patches, downloadable content of versions of the Application. You have no automatic right to these but if and when made available to you they shall be governed by the terms of this agreement and be considered part of the Application.
TERM AND TERMINATION
This Agreement shall remain in effect until terminated by you or D'Avekki Studios Limited. D'Avekki Studios Limited may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.
This Agreement will terminate immediately, without prior notice from D'Avekki Studios Limited, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies thereof from your mobile device or from your desktop.
Upon termination of this Agreement, you shall cease all use of the Application and delete all copies of the Application from your mobile device or from your desktop.
SEVERABILITY
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
AMENDMENTS TO THIS AGREEMENT
D'Avekki Studios Limited reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
INDEMNITY AND LIMITATION OF LIABILITY
The Application is supplied "as is" and there is no warranty as to fitness for any purpose, performance or compatibility.
D'Avekki Studios Limited's total liability is limited to the original purchase price paid for the Application if unable to repair or replace the Application.
You agree to indemnify and hold harmless D'Avekki Studios Limited, it's officers, agents and employees, from any and all liability or for claims associated with or arising from the misuse of the Application by you or by others you give access to the Application, including but not limited to claims arising from:
(a) your breach of this Agreement;
(b) any indirect loss, special or consequential loss;
(c) any act or omission, or default, or representation made by any person other than D'Avekki Studios Limited, it's agents and employees; or
(d) any cause beyond D'Avekki Studios Limited's reasonable control, and causes independent of human control that occurred after the Application was supplied.
DISPUTE RESOLUTION
In the case of any claim or dispute you agree to contact us first in an attempt to find an amicable resolution before resorting to any legal action.
GENERAL
These Terms and Conditions shall be governed by the laws of England, UK. Any dispute or controversy, not resolved in the normal way, shall be subject to the exclusive jurisdiction of the laws of England, UK.
CONTACT INFORMATION
If you have any questions about this Agreement, please contact us at legal@doctordekker.com