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MASH GAMES™ SOFTWARE END USER LICENSE AGREEMENT
This End User License Agreement (“Agreement”) is a legal agreement between you and Mash Games Corp., and its subsidiaries, affiliates, and licensors (collectively, “MG”). This Agreement governs your use of this software produced by MG and all related documentation (“Software”). The terms of this Agreement, as updated from time to time, apply to any demonstration or trial version, test version (e.g. alpha version, beta version), release version, update, downloadable content, and enhancement of the Software.
BY OPENING, VIEWING, DOWNLOADING, INSTALLING, OR OTHERWISE USING THE SOFTWARE OR ANY PORTION THEREOF, YOU CONFIRM THAT YOU HAVE READ, UNDERSTOOD, AGREED AND ACCEPTED THE TERMS OF THIS AGREEMENT. By using the Software, you agree to comply with all legal obligations, including but not limited to obligations imposed by copyright, trade secrets, defamation, decency, privacy, security and export laws and any other applicable laws, regulations and policies that may apply.
IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, THEN DO NOT OPEN, VIEW, DOWNLOAD, INSTALL, OR OTHERWISE USE THE SOFTWARE.
1. Ownership – The Software, including but not limited to its source code, object code, characters, graphics, storylines, images, animations, video, music, and lay-out, is exclusively owned by MG. Protection of the Software is subject to copyright laws and international copyright treaties, as well as other applicable intellectual property laws and treaties. Any and all intellectual property rights in the Software, including the original works or parts thereof, in any form, are and shall remain the exclusive property of MG. All trademarks, service marks, trade names, logos, domain names, and any other features associated with BMX STREETS™ or MASH GAMES™ (collectively, “Marks”) are the exclusive property of MG.
You hereby acknowledge and agree that MG owns the Software and the Marks and the goodwill pertaining thereto, and that the benefit and goodwill associated with your exercise of rights under this Agreement enure entirely to and for the benefit of MG.
You hereby agree and acknowledge that you have no right, title, or interest in, to or associated with the Software beyond what is provided to you in this Agreement. You hereby agree and acknowledge that you have no right, title, or interest in, to or associated with the Marks.
2. License – Subject to the terms and conditions of this Agreement, and in consideration of the purchase price that you have paid to access the Software and other good and valuable consideration that is hereby acknowledged, MG hereby grants you a personal, limited, non-exclusive, non-sublicensable, non-transferable, and revocable license (“License”) to download, install, and otherwise use one instance of the Software for your personal and non-commercial gameplay on a PC only. For clarity, the Software is not available and is not supported for Macs, smartphone devices, and tablets. The Software may be used only under the terms of this Agreement.
3. Effective Date of License – the License begins on the first date that the Software is downloaded, installed, or otherwise used by you (“Effective Date”).
4. Prohibited Use – you hereby agree not to directly or indirectly through any number of intermediaries:
(a) copy, reproduce, rip, record, transfer, make available, or distribute the Software in any manner or medium, in whole or in part, without prior written consent from MG;
(b) reverse engineer, decompile, disassemble, derive source code from, display, perform, or otherwise modify the Software, in whole or in part;
(c) circumvent technical limitations in the Software;
(d) prepare derivative works based on or derived from the Software;
(e) rent, lease or sublicense the Software in any form, on a temporary or permanent basis;
(f) sell, assign, and/or transfer this Agreement, including the rights in the Software licensed to you in this Agreement;
(g) do anything or omit to do anything that might impair, jeopardize, violate, infringe, dilute, depreciate, prejudice, derogate from, tarnish or disparage MG, the Software, and any portion of the Software, or the goodwill associated with MG, the Software, and any portion of the Software;
(h) oppose, contest, or in any other manner challenge the originality of the Software or MG’s right, title, and interest in, to, and associated with the Software;
(i) attempt to acquire rights in the Software beyond what is licensed to you in this Agreement; or
(j) assist, permit, or encourage any other person or entity to do any of the foregoing.
5. Technical Protective Measures – with reference to clause 4(c) above, the Software may include measures to control access to the Software, prevent unauthorized copying thereof, or otherwise attempt to prevent user from exceeding the terms of the License granted under this Agreement. You hereby agree not to interfere with such measures to control access or attempt to disable or circumvent such security features.
6. Third-Party Content – The Software may be integrated with content that is owned by a third-party and licensed to MG for use with the Software. These third-parties may have their own terms and conditions regarding their content. It is your responsibility to ensure that you comply with these third parties’ terms and conditions regarding their content.
7. MG’s Rights – MG has the following rights:
(a) if you violate any term of this Agreement, MG may, in its absolute discretion, take any action necessary against you including, but not limited to, pursuing legal recourse against you;
(b) Subject to applicable laws, MG may, in its absolute discretion, determine your eligibility to download, install, or otherwise use the Software;
(c) MG may display and publish any information relating to the geographical location in which the Software is downloaded, installed, or otherwise used, without specifically identifying you, and without any notice or compensation to you whatsoever.
8. Termination – This License is effective until it is terminated. MG may unilaterally terminate this Agreement and the License therein, effective immediately and without any notice from MG, upon your breach of any term in this Agreement. Sections 1 and 4 to 13 of this Agreement shall survive the termination or expiry of the License herein.
9. Post-Termination of License – Upon termination of the License, you shall forthwith cease any and all use of the Software and destroy or delete all copies thereof in your control or possession.
10. Disclaimer – TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MG DISCLAIMS ALL WARRANTIES AND CONDITIONS OF THE SOFTWARE, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. FOR EXAMPLE, BUT NOT LIMITED IN ANY WAY TO THESE EXAMPLES, MG DOES NOT WARRANT THAT: (I) THE SOFTWARE WILL MEET YOUR GAMEPLAY SATISFACTION; (II) THE SOFTWARE WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, SECURE, COMPLETE AND ERROR-FREE; OR (III) ANY DISCOVERED ERRORS WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED IS DONE AT YOUR OWN DISCRETION AND RISK. THE Software is licensed to you “AS IS” and “AS AVAILABLE”. MG IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PERSONAL COMPUTER (INCLUDING BUT NOT LIMITED TO FIREWALL BREACHES AND SECURITY CIRCUMVENTIONS) AND/OR LOSS OF DATA THEREFROM, IF THERE IS ANY. REMEDYING SUCH DAMAGE IS YOUR SOLE RESPONSIBILITY.
YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SOFTWARE IS TO IMMEDIATELY UNINSTALL AND CEASE USE OF SUCH SOFTWARE.
11. Limitation of Liability – TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MG BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING BUT WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, CORRUPTION OF FILES, LOSS OF BUSINESS INFORMATION OR ANY OTHER PECUNIARY LOSS) REGARDLESS OF CAUSE OR FORM OF ACTION, INCLUDING CONTRACT TORT OR NEGLIGENCE, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF MG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12. Indemnification – YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD MG HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES INCURRED, arising from any third party claim IN CONNECTION WITH OR ARISING OUT OF YOUR: (A) VIOLATION OR BREACH OF ANY TERM OF THIS AGREEMENT OR ANY APPLICABLE LAW OR REGULATION, WHETHER OR NOT REFERENCED HEREIN; OR (B) VIOLATION OF ANY RIGHTS OF ANY THIRD PARTY; OR (C) USE OR MISUSE OF THE SOFTWARE.
13. Waiver – any delay or failure on MG’s part to exercise or enforce its rights under this Agreement shall not be construed as a waiver of those rights, nor preclude any future exercise of those rights.
14. Third-Party Infringement – if, during the subsistence of the License, you become aware that any third party is using or is developing a trade name, business name, corporate name, domain name, identifier, trademark, get-up of goods, trade dress, video game, or mode of advertising or promotion that might reasonably amount to infringement, unfair competition, passing-off, misappropriation, or cybersquatting in respect of the Software or the Marks, you hereby agree to promptly report the particulars of those activities to MG.
15. Entire Agreement – This Agreement is the entire agreement between you and MG governing the Software, and supersedes all previous agreements relating to your right to download, install, maintain, support, and use, for your personal and non-commercial gameplay on a PC only, one instance of the Software.
16. Severability and Survival – if any provision or portion of this Agreement is, for whatever reason, deemed to be illegal or unenforceable under applicable law, then the remainder of this Agreement and the remainder of that provision shall continue in full force and effect.
17. Law – this Agreement is governed by and interpreted in accordance with the laws prevailing in the Province of British Columbia and the federal laws of Canada applicable therein.
I HEREBY AGREE AND CONFIRM THAT I HAVE READ AND REVIEWED THE TERMS AND CONDITIONS OF THIS AGREEMENT, AND I HEREBY AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
This End User License Agreement (“Agreement”) is a legal agreement between you and Mash Games Corp., and its subsidiaries, affiliates, and licensors (collectively, “MG”). This Agreement governs your use of this software produced by MG and all related documentation (“Software”). The terms of this Agreement, as updated from time to time, apply to any demonstration or trial version, test version (e.g. alpha version, beta version), release version, update, downloadable content, and enhancement of the Software.
BY OPENING, VIEWING, DOWNLOADING, INSTALLING, OR OTHERWISE USING THE SOFTWARE OR ANY PORTION THEREOF, YOU CONFIRM THAT YOU HAVE READ, UNDERSTOOD, AGREED AND ACCEPTED THE TERMS OF THIS AGREEMENT. By using the Software, you agree to comply with all legal obligations, including but not limited to obligations imposed by copyright, trade secrets, defamation, decency, privacy, security and export laws and any other applicable laws, regulations and policies that may apply.
IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, THEN DO NOT OPEN, VIEW, DOWNLOAD, INSTALL, OR OTHERWISE USE THE SOFTWARE.
1. Ownership – The Software, including but not limited to its source code, object code, characters, graphics, storylines, images, animations, video, music, and lay-out, is exclusively owned by MG. Protection of the Software is subject to copyright laws and international copyright treaties, as well as other applicable intellectual property laws and treaties. Any and all intellectual property rights in the Software, including the original works or parts thereof, in any form, are and shall remain the exclusive property of MG. All trademarks, service marks, trade names, logos, domain names, and any other features associated with BMX STREETS™ or MASH GAMES™ (collectively, “Marks”) are the exclusive property of MG.
You hereby acknowledge and agree that MG owns the Software and the Marks and the goodwill pertaining thereto, and that the benefit and goodwill associated with your exercise of rights under this Agreement enure entirely to and for the benefit of MG.
You hereby agree and acknowledge that you have no right, title, or interest in, to or associated with the Software beyond what is provided to you in this Agreement. You hereby agree and acknowledge that you have no right, title, or interest in, to or associated with the Marks.
2. License – Subject to the terms and conditions of this Agreement, and in consideration of the purchase price that you have paid to access the Software and other good and valuable consideration that is hereby acknowledged, MG hereby grants you a personal, limited, non-exclusive, non-sublicensable, non-transferable, and revocable license (“License”) to download, install, and otherwise use one instance of the Software for your personal and non-commercial gameplay on a PC only. For clarity, the Software is not available and is not supported for Macs, smartphone devices, and tablets. The Software may be used only under the terms of this Agreement.
3. Effective Date of License – the License begins on the first date that the Software is downloaded, installed, or otherwise used by you (“Effective Date”).
4. Prohibited Use – you hereby agree not to directly or indirectly through any number of intermediaries:
(a) copy, reproduce, rip, record, transfer, make available, or distribute the Software in any manner or medium, in whole or in part, without prior written consent from MG;
(b) reverse engineer, decompile, disassemble, derive source code from, display, perform, or otherwise modify the Software, in whole or in part;
(c) circumvent technical limitations in the Software;
(d) prepare derivative works based on or derived from the Software;
(e) rent, lease or sublicense the Software in any form, on a temporary or permanent basis;
(f) sell, assign, and/or transfer this Agreement, including the rights in the Software licensed to you in this Agreement;
(g) do anything or omit to do anything that might impair, jeopardize, violate, infringe, dilute, depreciate, prejudice, derogate from, tarnish or disparage MG, the Software, and any portion of the Software, or the goodwill associated with MG, the Software, and any portion of the Software;
(h) oppose, contest, or in any other manner challenge the originality of the Software or MG’s right, title, and interest in, to, and associated with the Software;
(i) attempt to acquire rights in the Software beyond what is licensed to you in this Agreement; or
(j) assist, permit, or encourage any other person or entity to do any of the foregoing.
5. Technical Protective Measures – with reference to clause 4(c) above, the Software may include measures to control access to the Software, prevent unauthorized copying thereof, or otherwise attempt to prevent user from exceeding the terms of the License granted under this Agreement. You hereby agree not to interfere with such measures to control access or attempt to disable or circumvent such security features.
6. Third-Party Content – The Software may be integrated with content that is owned by a third-party and licensed to MG for use with the Software. These third-parties may have their own terms and conditions regarding their content. It is your responsibility to ensure that you comply with these third parties’ terms and conditions regarding their content.
7. MG’s Rights – MG has the following rights:
(a) if you violate any term of this Agreement, MG may, in its absolute discretion, take any action necessary against you including, but not limited to, pursuing legal recourse against you;
(b) Subject to applicable laws, MG may, in its absolute discretion, determine your eligibility to download, install, or otherwise use the Software;
(c) MG may display and publish any information relating to the geographical location in which the Software is downloaded, installed, or otherwise used, without specifically identifying you, and without any notice or compensation to you whatsoever.
8. Termination – This License is effective until it is terminated. MG may unilaterally terminate this Agreement and the License therein, effective immediately and without any notice from MG, upon your breach of any term in this Agreement. Sections 1 and 4 to 13 of this Agreement shall survive the termination or expiry of the License herein.
9. Post-Termination of License – Upon termination of the License, you shall forthwith cease any and all use of the Software and destroy or delete all copies thereof in your control or possession.
10. Disclaimer – TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MG DISCLAIMS ALL WARRANTIES AND CONDITIONS OF THE SOFTWARE, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. FOR EXAMPLE, BUT NOT LIMITED IN ANY WAY TO THESE EXAMPLES, MG DOES NOT WARRANT THAT: (I) THE SOFTWARE WILL MEET YOUR GAMEPLAY SATISFACTION; (II) THE SOFTWARE WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, SECURE, COMPLETE AND ERROR-FREE; OR (III) ANY DISCOVERED ERRORS WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED IS DONE AT YOUR OWN DISCRETION AND RISK. THE Software is licensed to you “AS IS” and “AS AVAILABLE”. MG IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PERSONAL COMPUTER (INCLUDING BUT NOT LIMITED TO FIREWALL BREACHES AND SECURITY CIRCUMVENTIONS) AND/OR LOSS OF DATA THEREFROM, IF THERE IS ANY. REMEDYING SUCH DAMAGE IS YOUR SOLE RESPONSIBILITY.
YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SOFTWARE IS TO IMMEDIATELY UNINSTALL AND CEASE USE OF SUCH SOFTWARE.
11. Limitation of Liability – TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MG BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING BUT WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, CORRUPTION OF FILES, LOSS OF BUSINESS INFORMATION OR ANY OTHER PECUNIARY LOSS) REGARDLESS OF CAUSE OR FORM OF ACTION, INCLUDING CONTRACT TORT OR NEGLIGENCE, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF MG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12. Indemnification – YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD MG HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES INCURRED, arising from any third party claim IN CONNECTION WITH OR ARISING OUT OF YOUR: (A) VIOLATION OR BREACH OF ANY TERM OF THIS AGREEMENT OR ANY APPLICABLE LAW OR REGULATION, WHETHER OR NOT REFERENCED HEREIN; OR (B) VIOLATION OF ANY RIGHTS OF ANY THIRD PARTY; OR (C) USE OR MISUSE OF THE SOFTWARE.
13. Waiver – any delay or failure on MG’s part to exercise or enforce its rights under this Agreement shall not be construed as a waiver of those rights, nor preclude any future exercise of those rights.
14. Third-Party Infringement – if, during the subsistence of the License, you become aware that any third party is using or is developing a trade name, business name, corporate name, domain name, identifier, trademark, get-up of goods, trade dress, video game, or mode of advertising or promotion that might reasonably amount to infringement, unfair competition, passing-off, misappropriation, or cybersquatting in respect of the Software or the Marks, you hereby agree to promptly report the particulars of those activities to MG.
15. Entire Agreement – This Agreement is the entire agreement between you and MG governing the Software, and supersedes all previous agreements relating to your right to download, install, maintain, support, and use, for your personal and non-commercial gameplay on a PC only, one instance of the Software.
16. Severability and Survival – if any provision or portion of this Agreement is, for whatever reason, deemed to be illegal or unenforceable under applicable law, then the remainder of this Agreement and the remainder of that provision shall continue in full force and effect.
17. Law – this Agreement is governed by and interpreted in accordance with the laws prevailing in the Province of British Columbia and the federal laws of Canada applicable therein.
I HEREBY AGREE AND CONFIRM THAT I HAVE READ AND REVIEWED THE TERMS AND CONDITIONS OF THIS AGREEMENT, AND I HEREBY AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.