| Language: |
ARROW HEADS
END USER LICENSE AGREEMENT
IMPORTANT NOTICE:
BY CLICKING ON THE ‘I AGREE’ BUTTON OR BY DOWNLOADING, INSTALLING OR OTHERWISE USING ARROW HEADS YOU AGREE TO BE BOUND BY THE PROVISIONS OF THIS END USER LICENSE AGREEMENT (“EULA”). IF YOU DO NOT AGREE TO BE BOUND BY THIS EULA, DO NOT CLICK THE ‘I AGREE’ BUTTON AND DO NOT DOWNLOAD, INSTALL OR OTHERWISE USE THE ARROW HEADS FOR ANY PURPOSE. YOU AGREE AND ACKNOWLEDGE THAT THIS EULA WILL ALSO APPLY TO ANY ARROW HEADS DOWNLOADABLE CONTENT YOU MAY DOWNLOAD IN-GAME OR SEPARATELY, INSTALL OR USE INCLUDING ANY ARROW HEADS UPDATES (DEFINED BELOW).
This EULA is between OddBird Studio Inc. (“OddBird”) and you, the individual downloading, installing, accessing, viewing, playing or otherwise using (collectively “using” or “use”) Arrow Heads (“you”, “your”).
1. Arrow Heads License Grant:
In accordance with the provisions hereof, OddBird hereby grants to you a limited, personal, non-exclusive, revocable, non-transferable, non-sublicensable license to download, install, play and use one copy of Arrow Heads solely for personal use on one device at a time.
2. Arrow Heads Ownership:
Arrow Heads is licensed to you – NOT SOLD. You agree and acknowledge that all right, title and interest in and to Arrow Heads and its components (in particular the title, computer codes, themes, characters, character names, plots, stories, game-play, dialogues, places, concepts, images, photographs, animation, videos, music, voice, narration and text contained in Arrow Heads), and all copies thereof, including all copyright, patent, trade-mark, trade secret and all other intellectual property rights and interests therein, are and will remain the sole and exclusive property of OddBird. Nothing herein conveys to you any right, title or interest in or to any aspect or component of Arrow Heads (or its underlying intellectual property) other than the limited license contained in section 1 (above).
3. Use Restrictions:
You may not, nor may you allow any third party to: (a) copy, modify, adapt, translate or otherwise create derivative works of or create machinima from any part of Arrow Heads; (b) use Arrow Heads contrary to the applicable law in your jurisdiction; (c) commercially use or exploit Arrow Heads; (d) reverse engineer, de-compile, disassemble or otherwise attempt to discover the source code of Arrow Heads or OddBird’s online play service; or (e) distribute, rent, lease, sell, loan, assign or otherwise transfer rights in or to Arrow Heads.
4. Online Play Restrictions:
You agree to use the online, multiuser play functionality of Arrow Heads lawfully, responsibly and in a way that will increase the enjoyment of all users. Without limiting the generality of the foregoing when playing Arrow Heads online, you may not alone or with others: (a) cheat or use any tool, device, mechanism or software to cheat or attempt to cheat; (b) bully, stalk, threaten, harass or defame other users; (c), be abusive, vulgar, obscene, sexually explicit, indecent, profane, hateful, bigoted, sexist or racist; (d) advertise, promote, market, sell or solicit orders for products and services; (e) promote illegal activities; (f) harvest, mine, copy, distribute or otherwise collect or use information about other users; (g) hack, modify, attempt to gain access to or tamper with any part of OddBird’s online play service; or (h) otherwise engage in activity that is inappropriate, objectionable, unlawful, harmful to or adversely affects OddBird, OddBird’s (or its supplier’s) online servers/services or other users in any way. You agree to comply with any and all online/multiuser rules promulgated by OddBird or OddBird’s Arrow Heads third party service providers/hosts from time to time. You agree and acknowledge that OddBird may, without prior notice, block your online play or terminate this EULA if you breach any provision contained in this section 4.
5. Arrow Heads Changes/Limitations:
OddBird may, from time to time without prior notice for any reason or no reason, either temporarily or permanently: (a) limit, deny or cancel some or all of the functionality of Arrow Heads or Arrow Heads online play functionality; (b) limit, deny, change or cancel some or all of Arrow Heads levels, credits, characters, character skills/attributes, leveled-up states, in-game currency, available/achieved weapons or armour, or any other game functionality, achievements or levels (collectively “In Game Achievements”); (c) reset your game history, levels or achievements; (d) shut down Arrow Heads online play or switch online play from being provided via a dedicated server to a peer-to-peer or other multiuser game play model; (e) enable/permit cross-platform play with platform specific modifications made that are designed to make cross-platform play fairer – such as providing differing platform input models (such as aim assist) or constraints (lowering accuracy or speed reductions on more powerful platforms) with no user ability to adjust or change those game assists/constraints; or (f) grant different access rights, differing service levels, differing functions, differing access to levels, characters, skills, weapons etc., differing functionality and differing levels of access, or no access at all, to differing users.
6. No Maintenance & Support:
OddBird’s willingness to provide Arrow Heads hereunder is predicated upon your agreement that Arrow Heads is provided as-is. OddBird will not be obligated to provide any maintenance, support, updates, upgrades, fixes, security fixes, patches, enhancements, modifications and the like (“Updates”) to/for Arrow Heads. However, if OddBird does provide Updates, your right to continue to use Arrow Heads, whether offline or online, is or may be conditional on your accepting/installing/applying such Updates as and when made available.
7. Termination:
You may terminate this EULA by ceasing to use Arrow Heads. OddBird may terminate this EULA and your right to use Arrow Heads on your breach of this EULA.
8. Events Upon Termination and Expiration:
Upon the termination or expiration of this EULA for any reason, without prejudice to any other rights which OddBird may have, you shall: (a) immediately cease using Arrow Heads for any purpose whatsoever; and (b) erase and destroy, all copies, including backup copies, of Arrow Heads and all associated documentation from any device, computer system, records system or files or storage media in your control or possession.
9. Equitable Relief:
You agree that OddBird shall be entitled to equitable relief, including such injunction or injunctions as may be required to prevent any breach, infringement or further breach or infringement of: (a) any intellectual property/confidentiality provision herein; or (b) OddBird’s intellectual property rights in Arrow Heads; and that OddBird may specifically enforce such provisions or protect such rights by an action instituted in any court having jurisdiction. You acknowledge that Arrow Heads has a special and unique character, giving it particular value, the loss of which cannot be reasonably or adequately compensated for in damages. You covenant and agree not to contest the availability to OddBird of such injunctive relief on any grounds.
10. Indemnity:
You shall indemnify and hold harmless OddBird and its directors, officers, and employees from and against all taxes, losses, damages, liabilities, costs and expenses, including lawyer’s fees and other legal expenses, arising directly or indirectly from any breach by you of any of the provisions contained in this EULA.
11. NO WARRANTY:
ARROW HEADS IS PROVIDED “AS-IS” WITHOUT WARRANTY OF ANY KIND. YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT ARROW HEADS IS BEING PROVIDED WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS WHETHER EXPRESS, IMPLIED, STATUTORY, ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE OR OTHERWISE INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS OR ADEQUACY FOR ANY PARTICULAR PURPOSE OR USE, NONINFRINGEMENT, QUALITY, PRODUCTIVENESS, CAPACITY, OR THAT THE OPERATION OF ANY PART OF ARROW HEADS WILL BE ERROR-FREE. ODDBIRD DOES NOT WARRANT THAT ARROW HEADS IS FREE FROM BUGS, ERRORS OR OMISSIONS AND EXPRESSLY ADVISES YOU THAT THE SOFTWARE MAY CONTAIN BUGS, ERRORS AND OMISSIONS. YOU UNDERSTAND AND HERBY ASSUME THE RISK THAT THE DEVICE/COMPUTER ON WHICH ARROW HEADS IS INSTALLED MAY NOT, AS A RESULT, FUNCTION PROPERLY, EVEN WHEN ARROW HEADS IS REMOVED FROM THE DEVICE/COMPUTER. NO ORAL OR WRITTEN INFORMATION (INCLUDING MARKETING MATERIALS AND WEBSITES) OR ADVICE GIVEN BY ODDBIRD, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, LICENSING, SUPPLY OR DELIVERY OF ARROW HEADS SHALL CREATE A REPRESENTATION, CONDITION OR WARRANTY AND YOU MAY RELY ON SUCH INFORMATION OR ADVICE.
12. LIMITED LIABILITY:
ODDBIRD SHALL NOT IN ANY CIRCUMSTANCE BE LIABLE TO YOU, OR ANY OTHER PERSON CLAIMING THROUGH YOU INCLUDING BENEFICIARY PARTIES, FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES OR EXPENSES OF ANY TYPE, INCLUDING ANY LOSS OF IN GAME ACHIEVEMENTS, PROFITS, SAVINGS, BUSINESS, DATA, REVENUE, EQUIPMENT, REVENUE, ANTICIPATED BENEFITS ARISING OUT OF THE USE OR INABILITY TO USE ARROW HEADS, COSTS OF OVERHEAD, LOSS FROM ANY COMPLETE OR PARTIAL DEVICE, COMPUTER, NETWORK OR WORK STOPPAGE OR OTHER SIMILAR DAMAGES, WHETHER SUCH DAMAGES OR EXPENSES ARISE OUT OF CONTRACT (INCLUDING FUNDAMENTAL BREACH) OR TORT (INCLUDING NEGLIGENCE) EVEN IF ANY OF THE PARTIES HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
13. Waiver:
No waiver of any provision of this EULA shall be binding unless it is in writing. No indulgence or forbearance by a party shall constitute a waiver of such party’s right to insist on performance in full and in a timely manner of all covenants in this EULA. Waiver of any provision shall not be deemed to waive the same provision thereafter or any other provision of this EULA at any time.
14. Entire Agreement:
This EULA constitutes the entire agreement among the parties pertaining to all the matters herein and supersedes all prior agreements, understandings, negotiations and discussions in respect thereof between the parties, whether oral or written, express or implied.Amendment: This EULA may be amended by OddBird at any time. OddBird may notify you of this change by: (a) email; (b) posting an updated version of it on its website and/or the service where you obtained Arrow Heads; or (c) by any other reasonable means. This EULA shall terminate and the updated version shall go into force the moment OddBird does any of the foregoing.Severability: If any provision or part of any provision contained in this EULA is found by a court of competent jurisdiction to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions or portions thereof, shall not be in any way affected or impaired thereby.
17. Enurement and Binding Effect:
This EULA shall enure to the benefit of and be binding upon the parties hereto and their respective successors and permitted assigns.
18. Governing Law and Venue:
This EULA shall be governed by the laws of the Ontario and the federal laws of the Canada applicable therein without reference to conflict of laws principles. You agree to submit to the non-exclusive jurisdiction of the courts of the Province of Ontario and the federal courts of Canada located in Toronto. Despite the foregoing, nothing herein will prevent or restrict OddBird from applying for or seeking a temporary restraining order, a preliminary injunction, permanent injunction or any other injunctive or equitable relief in any jurisdiction anywhere in the world to enforce, preserve or protect its rights hereunder.
19. Remedies Cumulative:
Except as otherwise explicitly provided herein, a party’s respective rights and remedies hereunder are cumulative and are in addition to and not in substitution for any other rights or remedies provided hereunder or otherwise at law or in equity and any such rights or remedies may be exercised by the parties from time to time concurrently or independently and as often and in such order as the parties may deem expedient in their sole and absolute discretion.
20. Assignment:
You may not assign, delegate or otherwise transfer any of its rights or obligations under this EULA without the prior written consent of OddBird. OddBird may assign, delegate or otherwise transfer any of its rights or obligations under this EULA without your prior consent.
21 Interpretation:
In this EULA: (a) all capitalized derivative forms of defined terms and phrases in this EULA have meanings that correspond to the defined terms and phrases; (b) the words “include”, “includes” or “including” mean “include without limitation”, “includes without limitation”; and “including without limitation” respectively; (c) the division of this EULA into separate sections, subsections and schedules, the Agreement's title and the insertion of headings is for convenience of reference only and shall not affect the construction or interpretation of this EULA; and (d) words or abbreviations which have well known or trade meanings are used herein in accordance with their recognized meanings.
22. Contra Proferentem:
You agree that any rule of construction to the effect that any ambiguity is to be resolved against the drafting party will not be applicable in the interpretation of the Agreement.
23. Survival:
Section 2 (Arrow Heads Ownership) and sections 7 through to this to section 23 will survive the termination or expiration of this EULA for any reason forever.
OddBird - Arrow Heads EULA (Nov 7, 2017 ver)
END USER LICENSE AGREEMENT
IMPORTANT NOTICE:
BY CLICKING ON THE ‘I AGREE’ BUTTON OR BY DOWNLOADING, INSTALLING OR OTHERWISE USING ARROW HEADS YOU AGREE TO BE BOUND BY THE PROVISIONS OF THIS END USER LICENSE AGREEMENT (“EULA”). IF YOU DO NOT AGREE TO BE BOUND BY THIS EULA, DO NOT CLICK THE ‘I AGREE’ BUTTON AND DO NOT DOWNLOAD, INSTALL OR OTHERWISE USE THE ARROW HEADS FOR ANY PURPOSE. YOU AGREE AND ACKNOWLEDGE THAT THIS EULA WILL ALSO APPLY TO ANY ARROW HEADS DOWNLOADABLE CONTENT YOU MAY DOWNLOAD IN-GAME OR SEPARATELY, INSTALL OR USE INCLUDING ANY ARROW HEADS UPDATES (DEFINED BELOW).
This EULA is between OddBird Studio Inc. (“OddBird”) and you, the individual downloading, installing, accessing, viewing, playing or otherwise using (collectively “using” or “use”) Arrow Heads (“you”, “your”).
1. Arrow Heads License Grant:
In accordance with the provisions hereof, OddBird hereby grants to you a limited, personal, non-exclusive, revocable, non-transferable, non-sublicensable license to download, install, play and use one copy of Arrow Heads solely for personal use on one device at a time.
2. Arrow Heads Ownership:
Arrow Heads is licensed to you – NOT SOLD. You agree and acknowledge that all right, title and interest in and to Arrow Heads and its components (in particular the title, computer codes, themes, characters, character names, plots, stories, game-play, dialogues, places, concepts, images, photographs, animation, videos, music, voice, narration and text contained in Arrow Heads), and all copies thereof, including all copyright, patent, trade-mark, trade secret and all other intellectual property rights and interests therein, are and will remain the sole and exclusive property of OddBird. Nothing herein conveys to you any right, title or interest in or to any aspect or component of Arrow Heads (or its underlying intellectual property) other than the limited license contained in section 1 (above).
3. Use Restrictions:
You may not, nor may you allow any third party to: (a) copy, modify, adapt, translate or otherwise create derivative works of or create machinima from any part of Arrow Heads; (b) use Arrow Heads contrary to the applicable law in your jurisdiction; (c) commercially use or exploit Arrow Heads; (d) reverse engineer, de-compile, disassemble or otherwise attempt to discover the source code of Arrow Heads or OddBird’s online play service; or (e) distribute, rent, lease, sell, loan, assign or otherwise transfer rights in or to Arrow Heads.
4. Online Play Restrictions:
You agree to use the online, multiuser play functionality of Arrow Heads lawfully, responsibly and in a way that will increase the enjoyment of all users. Without limiting the generality of the foregoing when playing Arrow Heads online, you may not alone or with others: (a) cheat or use any tool, device, mechanism or software to cheat or attempt to cheat; (b) bully, stalk, threaten, harass or defame other users; (c), be abusive, vulgar, obscene, sexually explicit, indecent, profane, hateful, bigoted, sexist or racist; (d) advertise, promote, market, sell or solicit orders for products and services; (e) promote illegal activities; (f) harvest, mine, copy, distribute or otherwise collect or use information about other users; (g) hack, modify, attempt to gain access to or tamper with any part of OddBird’s online play service; or (h) otherwise engage in activity that is inappropriate, objectionable, unlawful, harmful to or adversely affects OddBird, OddBird’s (or its supplier’s) online servers/services or other users in any way. You agree to comply with any and all online/multiuser rules promulgated by OddBird or OddBird’s Arrow Heads third party service providers/hosts from time to time. You agree and acknowledge that OddBird may, without prior notice, block your online play or terminate this EULA if you breach any provision contained in this section 4.
5. Arrow Heads Changes/Limitations:
OddBird may, from time to time without prior notice for any reason or no reason, either temporarily or permanently: (a) limit, deny or cancel some or all of the functionality of Arrow Heads or Arrow Heads online play functionality; (b) limit, deny, change or cancel some or all of Arrow Heads levels, credits, characters, character skills/attributes, leveled-up states, in-game currency, available/achieved weapons or armour, or any other game functionality, achievements or levels (collectively “In Game Achievements”); (c) reset your game history, levels or achievements; (d) shut down Arrow Heads online play or switch online play from being provided via a dedicated server to a peer-to-peer or other multiuser game play model; (e) enable/permit cross-platform play with platform specific modifications made that are designed to make cross-platform play fairer – such as providing differing platform input models (such as aim assist) or constraints (lowering accuracy or speed reductions on more powerful platforms) with no user ability to adjust or change those game assists/constraints; or (f) grant different access rights, differing service levels, differing functions, differing access to levels, characters, skills, weapons etc., differing functionality and differing levels of access, or no access at all, to differing users.
6. No Maintenance & Support:
OddBird’s willingness to provide Arrow Heads hereunder is predicated upon your agreement that Arrow Heads is provided as-is. OddBird will not be obligated to provide any maintenance, support, updates, upgrades, fixes, security fixes, patches, enhancements, modifications and the like (“Updates”) to/for Arrow Heads. However, if OddBird does provide Updates, your right to continue to use Arrow Heads, whether offline or online, is or may be conditional on your accepting/installing/applying such Updates as and when made available.
7. Termination:
You may terminate this EULA by ceasing to use Arrow Heads. OddBird may terminate this EULA and your right to use Arrow Heads on your breach of this EULA.
8. Events Upon Termination and Expiration:
Upon the termination or expiration of this EULA for any reason, without prejudice to any other rights which OddBird may have, you shall: (a) immediately cease using Arrow Heads for any purpose whatsoever; and (b) erase and destroy, all copies, including backup copies, of Arrow Heads and all associated documentation from any device, computer system, records system or files or storage media in your control or possession.
9. Equitable Relief:
You agree that OddBird shall be entitled to equitable relief, including such injunction or injunctions as may be required to prevent any breach, infringement or further breach or infringement of: (a) any intellectual property/confidentiality provision herein; or (b) OddBird’s intellectual property rights in Arrow Heads; and that OddBird may specifically enforce such provisions or protect such rights by an action instituted in any court having jurisdiction. You acknowledge that Arrow Heads has a special and unique character, giving it particular value, the loss of which cannot be reasonably or adequately compensated for in damages. You covenant and agree not to contest the availability to OddBird of such injunctive relief on any grounds.
10. Indemnity:
You shall indemnify and hold harmless OddBird and its directors, officers, and employees from and against all taxes, losses, damages, liabilities, costs and expenses, including lawyer’s fees and other legal expenses, arising directly or indirectly from any breach by you of any of the provisions contained in this EULA.
11. NO WARRANTY:
ARROW HEADS IS PROVIDED “AS-IS” WITHOUT WARRANTY OF ANY KIND. YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT ARROW HEADS IS BEING PROVIDED WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS WHETHER EXPRESS, IMPLIED, STATUTORY, ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE OR OTHERWISE INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS OR ADEQUACY FOR ANY PARTICULAR PURPOSE OR USE, NONINFRINGEMENT, QUALITY, PRODUCTIVENESS, CAPACITY, OR THAT THE OPERATION OF ANY PART OF ARROW HEADS WILL BE ERROR-FREE. ODDBIRD DOES NOT WARRANT THAT ARROW HEADS IS FREE FROM BUGS, ERRORS OR OMISSIONS AND EXPRESSLY ADVISES YOU THAT THE SOFTWARE MAY CONTAIN BUGS, ERRORS AND OMISSIONS. YOU UNDERSTAND AND HERBY ASSUME THE RISK THAT THE DEVICE/COMPUTER ON WHICH ARROW HEADS IS INSTALLED MAY NOT, AS A RESULT, FUNCTION PROPERLY, EVEN WHEN ARROW HEADS IS REMOVED FROM THE DEVICE/COMPUTER. NO ORAL OR WRITTEN INFORMATION (INCLUDING MARKETING MATERIALS AND WEBSITES) OR ADVICE GIVEN BY ODDBIRD, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, LICENSING, SUPPLY OR DELIVERY OF ARROW HEADS SHALL CREATE A REPRESENTATION, CONDITION OR WARRANTY AND YOU MAY RELY ON SUCH INFORMATION OR ADVICE.
12. LIMITED LIABILITY:
ODDBIRD SHALL NOT IN ANY CIRCUMSTANCE BE LIABLE TO YOU, OR ANY OTHER PERSON CLAIMING THROUGH YOU INCLUDING BENEFICIARY PARTIES, FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES OR EXPENSES OF ANY TYPE, INCLUDING ANY LOSS OF IN GAME ACHIEVEMENTS, PROFITS, SAVINGS, BUSINESS, DATA, REVENUE, EQUIPMENT, REVENUE, ANTICIPATED BENEFITS ARISING OUT OF THE USE OR INABILITY TO USE ARROW HEADS, COSTS OF OVERHEAD, LOSS FROM ANY COMPLETE OR PARTIAL DEVICE, COMPUTER, NETWORK OR WORK STOPPAGE OR OTHER SIMILAR DAMAGES, WHETHER SUCH DAMAGES OR EXPENSES ARISE OUT OF CONTRACT (INCLUDING FUNDAMENTAL BREACH) OR TORT (INCLUDING NEGLIGENCE) EVEN IF ANY OF THE PARTIES HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
13. Waiver:
No waiver of any provision of this EULA shall be binding unless it is in writing. No indulgence or forbearance by a party shall constitute a waiver of such party’s right to insist on performance in full and in a timely manner of all covenants in this EULA. Waiver of any provision shall not be deemed to waive the same provision thereafter or any other provision of this EULA at any time.
14. Entire Agreement:
This EULA constitutes the entire agreement among the parties pertaining to all the matters herein and supersedes all prior agreements, understandings, negotiations and discussions in respect thereof between the parties, whether oral or written, express or implied.Amendment: This EULA may be amended by OddBird at any time. OddBird may notify you of this change by: (a) email; (b) posting an updated version of it on its website and/or the service where you obtained Arrow Heads; or (c) by any other reasonable means. This EULA shall terminate and the updated version shall go into force the moment OddBird does any of the foregoing.Severability: If any provision or part of any provision contained in this EULA is found by a court of competent jurisdiction to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions or portions thereof, shall not be in any way affected or impaired thereby.
17. Enurement and Binding Effect:
This EULA shall enure to the benefit of and be binding upon the parties hereto and their respective successors and permitted assigns.
18. Governing Law and Venue:
This EULA shall be governed by the laws of the Ontario and the federal laws of the Canada applicable therein without reference to conflict of laws principles. You agree to submit to the non-exclusive jurisdiction of the courts of the Province of Ontario and the federal courts of Canada located in Toronto. Despite the foregoing, nothing herein will prevent or restrict OddBird from applying for or seeking a temporary restraining order, a preliminary injunction, permanent injunction or any other injunctive or equitable relief in any jurisdiction anywhere in the world to enforce, preserve or protect its rights hereunder.
19. Remedies Cumulative:
Except as otherwise explicitly provided herein, a party’s respective rights and remedies hereunder are cumulative and are in addition to and not in substitution for any other rights or remedies provided hereunder or otherwise at law or in equity and any such rights or remedies may be exercised by the parties from time to time concurrently or independently and as often and in such order as the parties may deem expedient in their sole and absolute discretion.
20. Assignment:
You may not assign, delegate or otherwise transfer any of its rights or obligations under this EULA without the prior written consent of OddBird. OddBird may assign, delegate or otherwise transfer any of its rights or obligations under this EULA without your prior consent.
21 Interpretation:
In this EULA: (a) all capitalized derivative forms of defined terms and phrases in this EULA have meanings that correspond to the defined terms and phrases; (b) the words “include”, “includes” or “including” mean “include without limitation”, “includes without limitation”; and “including without limitation” respectively; (c) the division of this EULA into separate sections, subsections and schedules, the Agreement's title and the insertion of headings is for convenience of reference only and shall not affect the construction or interpretation of this EULA; and (d) words or abbreviations which have well known or trade meanings are used herein in accordance with their recognized meanings.
22. Contra Proferentem:
You agree that any rule of construction to the effect that any ambiguity is to be resolved against the drafting party will not be applicable in the interpretation of the Agreement.
23. Survival:
Section 2 (Arrow Heads Ownership) and sections 7 through to this to section 23 will survive the termination or expiration of this EULA for any reason forever.
OddBird - Arrow Heads EULA (Nov 7, 2017 ver)