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The following end user license agreement (“EULA”) constitutes an agreement between you and Lewis Mitchell, and his assignees and affiliates (“Mitchell”). This EULA governs your use of the game ‘Man in a Maze’.
For purposes of this EULA, "Game" means the software made available by Mitchell in relation to the game ‘Man in a Maze’, including, but not limited to mobile games, downloadable/installable games for personal computer, and games accessed by means of a browser or other online communication method. The term also includes updates and upgrades as well as accompanying manual(s), packaging and other written, files, electronic or on-line materials or documentation, and any and all copies of such Game and its materials.
THE GAME IS LICENSED TO YOU, NOT SOLD. YOUR USE OF THE GAME IS SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN THIS EULA. BY INSTALLING, USING OR ACCESSING THE GAME YOU HEREBY ACCEPT THE TERMS OF THIS EULA.
If you do not accept the terms of this EULA, do not install or use the Game.
1 LICENCE
GAME LICENCE: Subject to this EULA and its terms and conditions, and you lawfully installing or using the Game, Mitchell hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited right and license to use one copy of the Game for your personal non-commercial use for gameplay on a single computer or gaming unit. The rights granted herein are subject to your compliance with this EULA. The Game is being licensed to you and you hereby acknowledge that no title or ownership in the Game is being transferred or assigned and this EULA is not to be construed as a sale of any rights in the Game.
LICENCE TERM: The term of your licenses under this EULA shall commence on the date that you accept this EULA and install or otherwise use the Game and ends on the earlier date of either your disposal of the Game, or Mitchell's termination of this EULA. Your license terminates immediately if you attempt to circumvent any technical protection measures used in connection with the Game or you otherwise use the Game in breach of the terms of this EULA.
2 GENERAL LICENCE CONDITIONS
The Game is intended for private use only. Mitchell may offer you a separate licence agreement to make the Game available for commercial use. You agree not to:
(i) distribute, lease, license, sell, rent, lend, convey or otherwise transfer or assign the Game, any copies thereof, without the express prior written consent of Mitchell or as set forth in this EULA;
(ii) make a copy of the Game or any part thereof (other than as set forth herein);
(iii) make the Game publicly available or available on a network for use or download by multiple users;
(iv) except as otherwise specifically provided by this EULA, use or install the Game (or permit others to do same) on a network, for on-line use, or on more than one computer or gaming unit at the same time;
(v) use or copy the Game at a computer gaming centre or any other location-based site;
(vi) reverse engineer, decompile, disassemble, translate, prepare derivative works based on or otherwise modify the Game, in whole or in part;
(vii) remove, obscure or modify any copyright, trademark or other proprietary rights notices, marks or labels contained on or within the Game, falsify or delete any author attributions or other legal notices;
3. NO WARRANTY The Game is provided to you “as is,” with all faults, without warranty of any kind, without performance assurances or guarantees of any kind, and your use is at your sole risk. The entire risk of satisfactory quality and performance resides with you. Mitchell and its assignees an affiliates do not make, and hereby disclaim, any and all express, implied or statutory warranties, including implied warranties of condition, uninterrupted use, accuracy of data, merchantability, satisfactory quality, fitness for a particular purpose, noninfringement of third party rights, and warranties (if any) arising from a course of dealing, usage, or trade practice. Mitchell and his assignees and affiliates do not warrant against interference with your enjoyment of the software; that the Game will meet your requirements; or that operation of the Game will be uninterrupted or error-free. Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations apply only to the fullest extent permitted by law in the applicable jurisdiction.
4 TERMINATION: This EULA will terminate automatically if you fail to comply with its terms and conditions. In such event, you must destroy all copies of the Game and all of its component parts and cease and desist from accessing any Mitchell Services. With regards to Game delivered on a physical storage medium you can end this EULA by destroying the Game and all copies and reproductions of the Game and deleting and permanently purging the Game from any client server or computer on which it has been installed.
EQUITABLE REMEDIES: You hereby agree that if the terms of this EULA are not specifically observed, Mitchell will be irreparably damaged, and therefore you agree that Mitchell shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to your breach of any of the terms of this EULA, in addition to any other available remedies.
INDEMNITY: You agree to indemnify, defend and hold Mitchell, its partners, affiliates, contractors, officers, directors, employees and agents harmless from and against any and all damages, losses and expenses arising directly or indirectly from: (i) your acts and omissions to act in using the Game pursuant to the terms of the EULA; or (ii) your breach of this EULA.
MISCELLANEOUS: This EULA represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them. It may be amended only by a written document executed by both parties. If any provision of this EULA is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the remaining provisions of this EULA shall not be affected.
GOVERNING LAW: This EULA will be governed by the laws of Victoria Australia.
For purposes of this EULA, "Game" means the software made available by Mitchell in relation to the game ‘Man in a Maze’, including, but not limited to mobile games, downloadable/installable games for personal computer, and games accessed by means of a browser or other online communication method. The term also includes updates and upgrades as well as accompanying manual(s), packaging and other written, files, electronic or on-line materials or documentation, and any and all copies of such Game and its materials.
THE GAME IS LICENSED TO YOU, NOT SOLD. YOUR USE OF THE GAME IS SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN THIS EULA. BY INSTALLING, USING OR ACCESSING THE GAME YOU HEREBY ACCEPT THE TERMS OF THIS EULA.
If you do not accept the terms of this EULA, do not install or use the Game.
1 LICENCE
GAME LICENCE: Subject to this EULA and its terms and conditions, and you lawfully installing or using the Game, Mitchell hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited right and license to use one copy of the Game for your personal non-commercial use for gameplay on a single computer or gaming unit. The rights granted herein are subject to your compliance with this EULA. The Game is being licensed to you and you hereby acknowledge that no title or ownership in the Game is being transferred or assigned and this EULA is not to be construed as a sale of any rights in the Game.
LICENCE TERM: The term of your licenses under this EULA shall commence on the date that you accept this EULA and install or otherwise use the Game and ends on the earlier date of either your disposal of the Game, or Mitchell's termination of this EULA. Your license terminates immediately if you attempt to circumvent any technical protection measures used in connection with the Game or you otherwise use the Game in breach of the terms of this EULA.
2 GENERAL LICENCE CONDITIONS
The Game is intended for private use only. Mitchell may offer you a separate licence agreement to make the Game available for commercial use. You agree not to:
(i) distribute, lease, license, sell, rent, lend, convey or otherwise transfer or assign the Game, any copies thereof, without the express prior written consent of Mitchell or as set forth in this EULA;
(ii) make a copy of the Game or any part thereof (other than as set forth herein);
(iii) make the Game publicly available or available on a network for use or download by multiple users;
(iv) except as otherwise specifically provided by this EULA, use or install the Game (or permit others to do same) on a network, for on-line use, or on more than one computer or gaming unit at the same time;
(v) use or copy the Game at a computer gaming centre or any other location-based site;
(vi) reverse engineer, decompile, disassemble, translate, prepare derivative works based on or otherwise modify the Game, in whole or in part;
(vii) remove, obscure or modify any copyright, trademark or other proprietary rights notices, marks or labels contained on or within the Game, falsify or delete any author attributions or other legal notices;
3. NO WARRANTY The Game is provided to you “as is,” with all faults, without warranty of any kind, without performance assurances or guarantees of any kind, and your use is at your sole risk. The entire risk of satisfactory quality and performance resides with you. Mitchell and its assignees an affiliates do not make, and hereby disclaim, any and all express, implied or statutory warranties, including implied warranties of condition, uninterrupted use, accuracy of data, merchantability, satisfactory quality, fitness for a particular purpose, noninfringement of third party rights, and warranties (if any) arising from a course of dealing, usage, or trade practice. Mitchell and his assignees and affiliates do not warrant against interference with your enjoyment of the software; that the Game will meet your requirements; or that operation of the Game will be uninterrupted or error-free. Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations apply only to the fullest extent permitted by law in the applicable jurisdiction.
4 TERMINATION: This EULA will terminate automatically if you fail to comply with its terms and conditions. In such event, you must destroy all copies of the Game and all of its component parts and cease and desist from accessing any Mitchell Services. With regards to Game delivered on a physical storage medium you can end this EULA by destroying the Game and all copies and reproductions of the Game and deleting and permanently purging the Game from any client server or computer on which it has been installed.
EQUITABLE REMEDIES: You hereby agree that if the terms of this EULA are not specifically observed, Mitchell will be irreparably damaged, and therefore you agree that Mitchell shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to your breach of any of the terms of this EULA, in addition to any other available remedies.
INDEMNITY: You agree to indemnify, defend and hold Mitchell, its partners, affiliates, contractors, officers, directors, employees and agents harmless from and against any and all damages, losses and expenses arising directly or indirectly from: (i) your acts and omissions to act in using the Game pursuant to the terms of the EULA; or (ii) your breach of this EULA.
MISCELLANEOUS: This EULA represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them. It may be amended only by a written document executed by both parties. If any provision of this EULA is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the remaining provisions of this EULA shall not be affected.
GOVERNING LAW: This EULA will be governed by the laws of Victoria Australia.