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Please read this Agreement carefully. It is a legal document that explains your rights and obligations related to your use of the Software, including any Services you access or purchases you make through the Software. By downloading or using the Software, or by otherwise indicating your acceptance of this Agreement, you are agreeing to be bound by the terms of this Agreement. If you do not or cannot agree to the terms of this Agreement, please do not download or use this Software.
1. License Grant
BetterQuests grants you a personal, non-exclusive, non-transferable, non-sublicensable limited right and license to install and use one copy of the Software on a device for your personal entertainment use (the “License”). The rights that BetterQuests grants you under the License are subject to the terms of this Agreement, and you may only make use of the License if you comply with all applicable terms.
The License becomes effective on the date you accept this Agreement. The Software is licensed, not sold, to you under the License. The License does not grant you any title or ownership in the Software.
2. License Conditions
You may not do any of the following with respect to the Software or any of its parts: (a) use it commercially or for a promotional purpose; (b) use it contrary to morality or the laws in force; (c) copy, reproduce, distribute, display, or use it in a way that is not expressly authorized in this Agreement; (d) sell, rent, lease, license, distribute, or otherwise transfer it; (e) reverse engineer, derive source code from, modify, adapt, translate, decompile, or disassemble it or make derivative works based on it; (f) remove, disable, circumvent, or modify any proprietary notice or label or security technology included in it; (g) create, develop, distribute, or use any unauthorized software programs to gain advantage in any online or other game modes; (h) use it to infringe or violate the rights of any third party, including but not limited to any intellectual property, publicity, or privacy rights; (i) use, export, or re-export it in violation of any applicable law or regulation; or (j) behave in a manner which is detrimental to the enjoyment of the Software by other users as intended by BetterQuests, in BetterQuests's sole judgment, including but not limited to the following – harassment, use of abusive or offensive language, game abandonment, game sabotage, spamming, social engineering, or scamming.
3. Updates and Patches
BetterQuests may provide patches, updates, or upgrades to the Software that must be installed in order for you to continue to use the Software or Services. BetterQuests may update the Software remotely without notifying you, and you hereby consent to BetterQuests applying patches, updates, and upgrades. BetterQuests may modify, suspend, discontinue, substitute, replace, or limit your access to any aspect of the Software or Services at any time. You acknowledge that your use of the Software or Services does not confer on you any interest, monetary or otherwise, in any aspect or feature of the Software or Services, including but not limited to any in-game rewards, achievements, character levels, Game Currency, or Content. You also acknowledge that any character data, game progress, game customization or other data related to your use of the Software or Services may cease to be available to you at any time without notice from BetterQuests, including without limitation after a patch, update, or upgrade is applied by BetterQuests. BetterQuests does not have any maintenance or support obligations with respect to the Software or Services.
4. User Generated Content
Any content that you create, generate, or make available through the Software or the Services, including character data, game customization and screenshots, shall be “UGC”. You hereby grant to BetterQuests a non-exclusive, fully-paid, royalty-free, irrevocable, perpetual, transferable, and sublicensable license to use, copy, modify, adapt, distribute, and publicly display your UGC. You may not create, generate, or make available through the Software of the Services any UGC to which you do not have the right to grant BetterQuests such license. In addition, you may not create, generate, or make available through the Software of the Services any UGC that is illegal or violates or infringes another’s rights, including intellectual property rights or privacy, publicity or moral rights. BetterQuests reserves the right to take down any UGC in its discretion.
5. Feedback
If you provide BetterQuests with any Feedback, you hereby grant BetterQuests a non-exclusive, fully-paid, royalty-free, irrevocable, perpetual, transferable, sublicensable license to reproduce, distribute, modify, prepare derivative works based on, publicly perform, publicly display, make, have made, use, sell, offer to sell, import, and otherwise exploit that Feedback for any purposes, for all current and future methods and forms of exploitation in any country. If any such rights may not be licensed under applicable law (such as moral and other personal rights), you hereby waive and agree not to assert all such rights. You understand and agree that BetterQuests is not required to make any use of any Feedback that you provide. You agree that if BetterQuests makes use of your Feedback, BetterQuests is not required to credit or compensate you for your contribution. You represent and warrant that you have sufficient rights in any Feedback that you provide to BetterQuests to grant BetterQuests and other affected parties the rights described above. This includes but is not limited to intellectual property rights and other proprietary or personal rights.
6. Ownership/Third Party Licenses
BetterQuests and its licensors own all title, ownership rights, and intellectual property rights in the Software and Services. All rights granted to you under this Agreement are granted by express license only and not by sale. No license or other rights shall be created hereunder by implication, estoppel, or otherwise.
The Software includes certain components provided by BetterQuests’s licensors. A list of credits and notices for third party components may be found in the game interface.
This software is based on an Adobe software product, therefore, the export and re-export of this software product is controlled by the United States Export Administration Regulations and such software may not be exported or re-exported to Cuba,Iran, Iraq, Libya, Korea North, Sudan,Syria embargo.
7. Disclaimers and Limitation of Liability
VOIPAS is provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind. VOIPAS includes the Unreal® Engine code and other code, materials, and information (the “Epic Materials”) from Epic Games, Inc. (“Epic”). All Epic Materials are provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind. BetterQuests, Epic, and Epic’s affiliates disclaim all warranties, conditions, common law duties, and representations (express, implied, oral, and written) with respect to the Software and Services and Epic Materials, including without limitation all express, implied, and statutory warranties and conditions of any kind, such as title, non-interference with your enjoyment, authority, non-infringement, merchantability, fitness or suitability for any purpose (whether or not Epic knows or has reason to know of any such purpose), system integration, accuracy or completeness, results, reasonable care, workmanlike effort, lack of negligence, and lack of viruses, whether alleged to arise under law, by reason of custom or usage in the trade, or by course of dealing. Without limiting the generality of the foregoing, BetterQuests, Epic, and Epic’s affiliates make no warranty that (1) any of the Epic Materials will operate properly, including as integrated in the VOIPAS, (2) that the Epic Materials will meet your requirements, (3) that the operation of the Epic Materials will be uninterrupted, bug free, or error free in any or all circumstances, (4) that any defects in the Epic Materials can or will be corrected, (5) that the Epic Materials are or will be in compliance with a platform manufacturer’s rules or requirements, or (6) that a platform manufacturer has approved or will approve this VOIPAS, or will not revoke approval of this VOIPAS for any or no reason. Any warranty against infringement that may be provided in Section 2-312 of the Uniform Commercial Code or in any other comparable statute is expressly disclaimed by BetterQuests and Epic. BetterQuests, Epic, and Epic’s affiliates do not guarantee continuous, error-free, virus-free, or secure operation of or access to the Epic Materials. This paragraph will apply to the maximum extent permitted by applicable law.
To the maximum extent permitted by applicable law, neither BetterQuests, BetterQuests's licensors, Epic, Epic’s licensors, nor its or their affiliates, nor any of BetterQuests's or Epic’s service providers, shall be liable in any way for loss or damage of any kind resulting from the use or inability to use the Epic Materials or otherwise in connection with this Agreement or the Software (including content) or Services, including but not limited to loss of goodwill, work stoppage, computer failure, or malfunction, or any and all other commercial damages or losses. In no event will BetterQuests,BetterQuests's licensors, Epic, Epic’s licensors, nor its or their affiliates, nor any of BetterQuests's or Epic’s service providers be liable for any loss of profits or any indirect, incidental, consequential, special, punitive, or exemplary damages, or any other damages arising out of or in connection with this Agreement or the Software (including content) or Services, or the Epic Materials, or the delay or inability to use or lack of functionality of the Epic Materials, even in the event of BetterQuests's, Epic’s, or Epic’s affiliates’ fault, tort (including negligence), strict liability, indemnity, product liability, breach of contract, breach of warranty, or otherwise and even if BetterQuests, Epic or Epic’s affiliates have been advised of the possibility of such damages. These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate compensation.
IN NO EVENT WILL BETTERQUESTS BE LIABLE TO YOU FOR ANY LOSS OF USE, INTERRUPTION OF BUSINESS, OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADOBE 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 BetterQuests, Epic, Epic’s licensors, its and their affiliates, and any of BetterQuests's or Epic’s service providers shall be limited to the full extent permitted by law.
8. Indemnity
You agree to indemnify, pay the defense costs of, and hold BetterQuests, its licensors, its and their affiliates, and its and their employees, officers, directors, contractors, agents and other representatives harmless from all claims, demands, actions, losses, liabilities, and expenses (including attorneys’ fees, costs, and expert witnesses’ fees) that arise from or in connection with (a) any claim that, if true, would constitute a breach by you of this Agreement or negligence by you, or (b) any act or omission by you in using the Software (including any Game Currency or Content) or Services. You agree to reimburse BetterQuests on demand for any defense costs incurred by BetterQuests and any payments made or loss suffered by BetterQuests, whether in a court judgment or settlement, based on any matter covered by this Section 9.
If you are prohibited by law from entering into the indemnification obligation above, then you assume, to the extent permitted by law, all liability for all claims, demands, actions, losses, liabilities, and expenses (including attorneys’ fees, costs and expert witnesses’ fees) that are the stated subject matter of the indemnification obligation above.
9. Termination
Without limiting any other rights of BetterQuests, this Agreement will terminate automatically without notice if you fail to comply with any of its terms and conditions. You may also terminate this Agreement by deleting the Software. Upon any termination, the License will automatically terminate, you may no longer exercise any of the rights granted to you by the License, and you must destroy all copies of the Software in your possession.
Except to the extent required by law, all payments and fees are non-refundable under all circumstances, regardless of whether or not this Agreement has been terminated.
Sections 2, 5-13, and 15 will survive any termination of this Agreement.
10. Governing Law and Jurisdiction
ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION, UNLESS BOTH YOU AND THE BETTERQUEST.SRL ENTITY WITH WHICH YOU HAVE A DISPUTE SPECIFICALLY AGREE TO DO SO IN WRITING FOLLOWING INITIATION OF THE ARBITRATION. THIS PROVISION IS NOT APPLICABLE TO THE EXTENT THIS WAIVER IS PROHIBITED BY LAW.
You agree to the exclusive jurisdiction and venue of these courts. You waive any claim of inconvenient forum and any right to a jury trial. The Convention on Contracts for the International Sale of Goods will not apply. Any law or regulation which provides that the language of a contract shall be construed against the drafter will not apply to this Agreement.
11. Class Action Waiver
You agree not to bring or participate in a class or representative action, private attorney general action, or collective arbitration related to the Software (including any Game Currency or Content) or Services or this Agreement. You also agree not to seek to combine any action or arbitration related to the Software or Services or this Agreement with any other action or arbitration without the consent of all parties to this Agreement and all other actions or arbitrations.
12. Amendments of this Agreement
BetterQuests may issue an amended Agreement, Terms of Service, or Privacy Policy at any time in its discretion by posting the amended Agreement, Terms of Service, or Privacy Policy on its website or by providing you with digital access to amended versions of any of these documents when you next access the Software. If any amendment to this Agreement, the Terms of Service, or Privacy Policy is not acceptable to you, you may terminate this Agreement and must stop using the Software. Your continued use of the Software will demonstrate your acceptance of the amended Agreement and Terms of Service as well as your acknowledgement that you have read the amended Privacy Policy.
13. No Assignment
You may not, without the prior written consent of BetterQuests, assign, transfer, charge, or sub-contract all or any of your rights or obligations under this Agreement, and any attempt without that consent will be null and void. If restrictions on transfer of the Software in this Agreement are not enforceable under the law of your country, then this Agreement will be binding on any recipient of the Software. BetterQuests may at any time assign, transfer, charge, or sub-contract all or any of its rights or obligations under this Agreement.
14. Definitions
The Software is a “Commercial Item” (as defined at 48 C.F.R. §2.101), consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation” (as used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable).
“Confidential Information” means any non-public information related to the Software, including without limitation information related to gameplay or other content, Game Currency, Content, the Services, your own feedback and comments, and the feedback or comments of any other licensee of the Software or any BetterQuests representative.
“Content” means any virtual items or other content that Epic and BetterQuests makes available for you to access or download through or in connection with the Software.
“BetterQuests” means, depending on the location of your primary residence:
a. BetterQuests.SRL having its principal business offices at Romania, Constanța, Năvodari, Str. D12, nr. 12, bl. 2, lot. 3, et. 1, ap. 22.
“Feedback” means any feedback or suggestions that you provide to BetterQuests regarding the Software, Services or other BetterQuests products and services.
“Services” means any services made available to you through the Software, including services to acquire, maintain and use Game Currency and Content.
“Software” means the proprietary software application known as VOIPAS, and any patches, updates, and upgrades to the application, and all related content and documentation made available to you by BetterQuests under this Agreement, including but not limited to all software code, titles, themes, objects, characters, names, dialogue, catch phrases, locations, stories, artwork, animation, concepts, sounds, audio-visual effects, methods of operation, and musical compositions that are related to the application, and any copies of any of the foregoing. Software specifically includes all content for which you have paid the associated fee or otherwise acquired a license under Section 4.
15. Miscellaneous
This Agreement and any document or information referred to in this Agreement constitute the entire agreement between you and BetterQuests relating to the subject matter covered by this Agreement. All other communications, proposals, and representations with respect to the subject matter covered by this Agreement are excluded.
The original of this Agreement is in English; any translations are provided for reference purposes only. You waive any right you may have under the law of your country to have this Agreement written or construed in the language of any other country.
This Agreement describes certain legal rights. You may have other rights under the laws of your jurisdiction. This Agreement does not change your rights under the laws of your jurisdiction if the laws of your jurisdiction do not permit it to do so. Limitations and exclusions of warranties and remedies in this Agreement may not apply to you because your jurisdiction may not allow them in your particular circumstance. In the event that certain provisions of this Agreement are held by a court or tribunal of competent jurisdiction to be unenforceable, those provisions shall be enforced only to the furthest extent possible under applicable law and the remaining terms of this Agreement will remain in full force and effect.
Any act by BetterQuests to exercise, or failure or delay in exercise of, any of its rights under this Agreement, at law or in equity will not be deemed a waiver of those or any other rights or remedies available in contract, at law or in equity.
You agree that this Agreement does not confer any rights or remedies on any person other than the parties to this Agreement, except as expressly stated.
BetterQuests's obligations are subject to existing laws and legal process, and BetterQuests may comply with law enforcement or regulatory requests or requirements despite any contrary term in this Agreement.
In addition, we may change all or part of the EULA at any time. We may make changes to the EULA by posting the changed terms. YOUR CONTINUED USE OF THIS SOFTWARE WILL CONSTITUTE YOUR ACCEPTANCE OF THE CHANGED TERMS.
1. License Grant
BetterQuests grants you a personal, non-exclusive, non-transferable, non-sublicensable limited right and license to install and use one copy of the Software on a device for your personal entertainment use (the “License”). The rights that BetterQuests grants you under the License are subject to the terms of this Agreement, and you may only make use of the License if you comply with all applicable terms.
The License becomes effective on the date you accept this Agreement. The Software is licensed, not sold, to you under the License. The License does not grant you any title or ownership in the Software.
2. License Conditions
You may not do any of the following with respect to the Software or any of its parts: (a) use it commercially or for a promotional purpose; (b) use it contrary to morality or the laws in force; (c) copy, reproduce, distribute, display, or use it in a way that is not expressly authorized in this Agreement; (d) sell, rent, lease, license, distribute, or otherwise transfer it; (e) reverse engineer, derive source code from, modify, adapt, translate, decompile, or disassemble it or make derivative works based on it; (f) remove, disable, circumvent, or modify any proprietary notice or label or security technology included in it; (g) create, develop, distribute, or use any unauthorized software programs to gain advantage in any online or other game modes; (h) use it to infringe or violate the rights of any third party, including but not limited to any intellectual property, publicity, or privacy rights; (i) use, export, or re-export it in violation of any applicable law or regulation; or (j) behave in a manner which is detrimental to the enjoyment of the Software by other users as intended by BetterQuests, in BetterQuests's sole judgment, including but not limited to the following – harassment, use of abusive or offensive language, game abandonment, game sabotage, spamming, social engineering, or scamming.
3. Updates and Patches
BetterQuests may provide patches, updates, or upgrades to the Software that must be installed in order for you to continue to use the Software or Services. BetterQuests may update the Software remotely without notifying you, and you hereby consent to BetterQuests applying patches, updates, and upgrades. BetterQuests may modify, suspend, discontinue, substitute, replace, or limit your access to any aspect of the Software or Services at any time. You acknowledge that your use of the Software or Services does not confer on you any interest, monetary or otherwise, in any aspect or feature of the Software or Services, including but not limited to any in-game rewards, achievements, character levels, Game Currency, or Content. You also acknowledge that any character data, game progress, game customization or other data related to your use of the Software or Services may cease to be available to you at any time without notice from BetterQuests, including without limitation after a patch, update, or upgrade is applied by BetterQuests. BetterQuests does not have any maintenance or support obligations with respect to the Software or Services.
4. User Generated Content
Any content that you create, generate, or make available through the Software or the Services, including character data, game customization and screenshots, shall be “UGC”. You hereby grant to BetterQuests a non-exclusive, fully-paid, royalty-free, irrevocable, perpetual, transferable, and sublicensable license to use, copy, modify, adapt, distribute, and publicly display your UGC. You may not create, generate, or make available through the Software of the Services any UGC to which you do not have the right to grant BetterQuests such license. In addition, you may not create, generate, or make available through the Software of the Services any UGC that is illegal or violates or infringes another’s rights, including intellectual property rights or privacy, publicity or moral rights. BetterQuests reserves the right to take down any UGC in its discretion.
5. Feedback
If you provide BetterQuests with any Feedback, you hereby grant BetterQuests a non-exclusive, fully-paid, royalty-free, irrevocable, perpetual, transferable, sublicensable license to reproduce, distribute, modify, prepare derivative works based on, publicly perform, publicly display, make, have made, use, sell, offer to sell, import, and otherwise exploit that Feedback for any purposes, for all current and future methods and forms of exploitation in any country. If any such rights may not be licensed under applicable law (such as moral and other personal rights), you hereby waive and agree not to assert all such rights. You understand and agree that BetterQuests is not required to make any use of any Feedback that you provide. You agree that if BetterQuests makes use of your Feedback, BetterQuests is not required to credit or compensate you for your contribution. You represent and warrant that you have sufficient rights in any Feedback that you provide to BetterQuests to grant BetterQuests and other affected parties the rights described above. This includes but is not limited to intellectual property rights and other proprietary or personal rights.
6. Ownership/Third Party Licenses
BetterQuests and its licensors own all title, ownership rights, and intellectual property rights in the Software and Services. All rights granted to you under this Agreement are granted by express license only and not by sale. No license or other rights shall be created hereunder by implication, estoppel, or otherwise.
The Software includes certain components provided by BetterQuests’s licensors. A list of credits and notices for third party components may be found in the game interface.
This software is based on an Adobe software product, therefore, the export and re-export of this software product is controlled by the United States Export Administration Regulations and such software may not be exported or re-exported to Cuba,Iran, Iraq, Libya, Korea North, Sudan,Syria embargo.
7. Disclaimers and Limitation of Liability
VOIPAS is provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind. VOIPAS includes the Unreal® Engine code and other code, materials, and information (the “Epic Materials”) from Epic Games, Inc. (“Epic”). All Epic Materials are provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind. BetterQuests, Epic, and Epic’s affiliates disclaim all warranties, conditions, common law duties, and representations (express, implied, oral, and written) with respect to the Software and Services and Epic Materials, including without limitation all express, implied, and statutory warranties and conditions of any kind, such as title, non-interference with your enjoyment, authority, non-infringement, merchantability, fitness or suitability for any purpose (whether or not Epic knows or has reason to know of any such purpose), system integration, accuracy or completeness, results, reasonable care, workmanlike effort, lack of negligence, and lack of viruses, whether alleged to arise under law, by reason of custom or usage in the trade, or by course of dealing. Without limiting the generality of the foregoing, BetterQuests, Epic, and Epic’s affiliates make no warranty that (1) any of the Epic Materials will operate properly, including as integrated in the VOIPAS, (2) that the Epic Materials will meet your requirements, (3) that the operation of the Epic Materials will be uninterrupted, bug free, or error free in any or all circumstances, (4) that any defects in the Epic Materials can or will be corrected, (5) that the Epic Materials are or will be in compliance with a platform manufacturer’s rules or requirements, or (6) that a platform manufacturer has approved or will approve this VOIPAS, or will not revoke approval of this VOIPAS for any or no reason. Any warranty against infringement that may be provided in Section 2-312 of the Uniform Commercial Code or in any other comparable statute is expressly disclaimed by BetterQuests and Epic. BetterQuests, Epic, and Epic’s affiliates do not guarantee continuous, error-free, virus-free, or secure operation of or access to the Epic Materials. This paragraph will apply to the maximum extent permitted by applicable law.
To the maximum extent permitted by applicable law, neither BetterQuests, BetterQuests's licensors, Epic, Epic’s licensors, nor its or their affiliates, nor any of BetterQuests's or Epic’s service providers, shall be liable in any way for loss or damage of any kind resulting from the use or inability to use the Epic Materials or otherwise in connection with this Agreement or the Software (including content) or Services, including but not limited to loss of goodwill, work stoppage, computer failure, or malfunction, or any and all other commercial damages or losses. In no event will BetterQuests,BetterQuests's licensors, Epic, Epic’s licensors, nor its or their affiliates, nor any of BetterQuests's or Epic’s service providers be liable for any loss of profits or any indirect, incidental, consequential, special, punitive, or exemplary damages, or any other damages arising out of or in connection with this Agreement or the Software (including content) or Services, or the Epic Materials, or the delay or inability to use or lack of functionality of the Epic Materials, even in the event of BetterQuests's, Epic’s, or Epic’s affiliates’ fault, tort (including negligence), strict liability, indemnity, product liability, breach of contract, breach of warranty, or otherwise and even if BetterQuests, Epic or Epic’s affiliates have been advised of the possibility of such damages. These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate compensation.
IN NO EVENT WILL BETTERQUESTS BE LIABLE TO YOU FOR ANY LOSS OF USE, INTERRUPTION OF BUSINESS, OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADOBE 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 BetterQuests, Epic, Epic’s licensors, its and their affiliates, and any of BetterQuests's or Epic’s service providers shall be limited to the full extent permitted by law.
8. Indemnity
You agree to indemnify, pay the defense costs of, and hold BetterQuests, its licensors, its and their affiliates, and its and their employees, officers, directors, contractors, agents and other representatives harmless from all claims, demands, actions, losses, liabilities, and expenses (including attorneys’ fees, costs, and expert witnesses’ fees) that arise from or in connection with (a) any claim that, if true, would constitute a breach by you of this Agreement or negligence by you, or (b) any act or omission by you in using the Software (including any Game Currency or Content) or Services. You agree to reimburse BetterQuests on demand for any defense costs incurred by BetterQuests and any payments made or loss suffered by BetterQuests, whether in a court judgment or settlement, based on any matter covered by this Section 9.
If you are prohibited by law from entering into the indemnification obligation above, then you assume, to the extent permitted by law, all liability for all claims, demands, actions, losses, liabilities, and expenses (including attorneys’ fees, costs and expert witnesses’ fees) that are the stated subject matter of the indemnification obligation above.
9. Termination
Without limiting any other rights of BetterQuests, this Agreement will terminate automatically without notice if you fail to comply with any of its terms and conditions. You may also terminate this Agreement by deleting the Software. Upon any termination, the License will automatically terminate, you may no longer exercise any of the rights granted to you by the License, and you must destroy all copies of the Software in your possession.
Except to the extent required by law, all payments and fees are non-refundable under all circumstances, regardless of whether or not this Agreement has been terminated.
Sections 2, 5-13, and 15 will survive any termination of this Agreement.
10. Governing Law and Jurisdiction
ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION, UNLESS BOTH YOU AND THE BETTERQUEST.SRL ENTITY WITH WHICH YOU HAVE A DISPUTE SPECIFICALLY AGREE TO DO SO IN WRITING FOLLOWING INITIATION OF THE ARBITRATION. THIS PROVISION IS NOT APPLICABLE TO THE EXTENT THIS WAIVER IS PROHIBITED BY LAW.
You agree to the exclusive jurisdiction and venue of these courts. You waive any claim of inconvenient forum and any right to a jury trial. The Convention on Contracts for the International Sale of Goods will not apply. Any law or regulation which provides that the language of a contract shall be construed against the drafter will not apply to this Agreement.
11. Class Action Waiver
You agree not to bring or participate in a class or representative action, private attorney general action, or collective arbitration related to the Software (including any Game Currency or Content) or Services or this Agreement. You also agree not to seek to combine any action or arbitration related to the Software or Services or this Agreement with any other action or arbitration without the consent of all parties to this Agreement and all other actions or arbitrations.
12. Amendments of this Agreement
BetterQuests may issue an amended Agreement, Terms of Service, or Privacy Policy at any time in its discretion by posting the amended Agreement, Terms of Service, or Privacy Policy on its website or by providing you with digital access to amended versions of any of these documents when you next access the Software. If any amendment to this Agreement, the Terms of Service, or Privacy Policy is not acceptable to you, you may terminate this Agreement and must stop using the Software. Your continued use of the Software will demonstrate your acceptance of the amended Agreement and Terms of Service as well as your acknowledgement that you have read the amended Privacy Policy.
13. No Assignment
You may not, without the prior written consent of BetterQuests, assign, transfer, charge, or sub-contract all or any of your rights or obligations under this Agreement, and any attempt without that consent will be null and void. If restrictions on transfer of the Software in this Agreement are not enforceable under the law of your country, then this Agreement will be binding on any recipient of the Software. BetterQuests may at any time assign, transfer, charge, or sub-contract all or any of its rights or obligations under this Agreement.
14. Definitions
The Software is a “Commercial Item” (as defined at 48 C.F.R. §2.101), consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation” (as used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable).
“Confidential Information” means any non-public information related to the Software, including without limitation information related to gameplay or other content, Game Currency, Content, the Services, your own feedback and comments, and the feedback or comments of any other licensee of the Software or any BetterQuests representative.
“Content” means any virtual items or other content that Epic and BetterQuests makes available for you to access or download through or in connection with the Software.
“BetterQuests” means, depending on the location of your primary residence:
a. BetterQuests.SRL having its principal business offices at Romania, Constanța, Năvodari, Str. D12, nr. 12, bl. 2, lot. 3, et. 1, ap. 22.
“Feedback” means any feedback or suggestions that you provide to BetterQuests regarding the Software, Services or other BetterQuests products and services.
“Services” means any services made available to you through the Software, including services to acquire, maintain and use Game Currency and Content.
“Software” means the proprietary software application known as VOIPAS, and any patches, updates, and upgrades to the application, and all related content and documentation made available to you by BetterQuests under this Agreement, including but not limited to all software code, titles, themes, objects, characters, names, dialogue, catch phrases, locations, stories, artwork, animation, concepts, sounds, audio-visual effects, methods of operation, and musical compositions that are related to the application, and any copies of any of the foregoing. Software specifically includes all content for which you have paid the associated fee or otherwise acquired a license under Section 4.
15. Miscellaneous
This Agreement and any document or information referred to in this Agreement constitute the entire agreement between you and BetterQuests relating to the subject matter covered by this Agreement. All other communications, proposals, and representations with respect to the subject matter covered by this Agreement are excluded.
The original of this Agreement is in English; any translations are provided for reference purposes only. You waive any right you may have under the law of your country to have this Agreement written or construed in the language of any other country.
This Agreement describes certain legal rights. You may have other rights under the laws of your jurisdiction. This Agreement does not change your rights under the laws of your jurisdiction if the laws of your jurisdiction do not permit it to do so. Limitations and exclusions of warranties and remedies in this Agreement may not apply to you because your jurisdiction may not allow them in your particular circumstance. In the event that certain provisions of this Agreement are held by a court or tribunal of competent jurisdiction to be unenforceable, those provisions shall be enforced only to the furthest extent possible under applicable law and the remaining terms of this Agreement will remain in full force and effect.
Any act by BetterQuests to exercise, or failure or delay in exercise of, any of its rights under this Agreement, at law or in equity will not be deemed a waiver of those or any other rights or remedies available in contract, at law or in equity.
You agree that this Agreement does not confer any rights or remedies on any person other than the parties to this Agreement, except as expressly stated.
BetterQuests's obligations are subject to existing laws and legal process, and BetterQuests may comply with law enforcement or regulatory requests or requirements despite any contrary term in this Agreement.
In addition, we may change all or part of the EULA at any time. We may make changes to the EULA by posting the changed terms. YOUR CONTINUED USE OF THIS SOFTWARE WILL CONSTITUTE YOUR ACCEPTANCE OF THE CHANGED TERMS.