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MB FAMILIA NOSTRA
SOFTWARE END USER LICENSE AGREEMENT
awokeX
This End User License Agreement (“License”) is an agreement between you and MB FAMILIA NOSTRA., its subsidiaries and affiliates (“MB FAMILIA NOSTRA”). This License governs your use of this software product and all related documentation, and updates and upgrades that replace or supplement the software in any respect and which are not distributed with a separate license (collectively, the "Software"). This Software is licensed to you, not sold.
By installing or using the Software, you agree to the terms of this License and agree to be bound by it. Section 2 below describes the data MB FAMILIA NOSTRA may use to provide services and support to you in connection with the Software. If you do not agree to this use of data, do not install or use the Software. Section 17, below, provides that any disputes must be resolved by binding arbitration on an individual basis. IF YOU INSTALL the Software, the terms and conditions of this License are fully accepted by you. If you do not agree to the terms of this License, then do not install or use the Software.
If you do not agree to the terms of this License or the Origin Software Application License and you have not fully installed or used the Software, you may return the Software for a refund or exchange within fourteen (14) days from the date of purchase to the original place of purchase by following the instructions for return available at
https://awokex.com
1. Limited License Grant and Terms of Use.
A. Grant. Through this purchase, you are acquiring and MB FAMILIA NOSTRA grants you a personal, limited, non-exclusive license to install and use the Software for your non-commercial use solely as set forth in this License and the accompanying documentation. Your acquired rights are subject to your compliance with this Agreement. Any commercial use is prohibited. You are expressly prohibited from sub-licensing, renting, leasing or otherwise distributing the Software or rights to use the Software. The term of your License shall commence on the date that you install or otherwise use the Software, and shall end on the earlier of the date that: (i) you dispose of the Software, (ii) your subscription to the Software is terminated, cancelled, or expires, or (iii) MB FAMILIA NOSTRA terminates this License. Your license will terminate immediately if you attempt to circumvent the technical protection measures for the Software. A separate Terms of Service agreement governs your use of online services in connection with the Software. You may view the Terms of Service agreement at https://awokex.com. A separate Privacy and Cookie Policy governs the collection, storage, use and transfer of user information. You may view the Privacy and Cookie Policy at https://awokex.com.
B. Access to Online Features And/Or Services. An awokeX Account, including the acceptance of awokeX Terms of Service (http://awokex.com) and Privacy and Cookie Policy (http://awokex.com) and registration with the serial code enclosed with the Software, may be required to access online services and/or features. Only licensed software can be used to access online services and/or features, including downloadable content and access to such features, is limited to you and your immediate family or members of your household.
C. Further Restrictions. Your right to use the Software is limited to the license grant above, and you may not otherwise copy, display, seek to disable, distribute, perform, publish, modify, create works from, or use the Software or any component of it, except as expressly authorized by MB FAMILIA NOSTRA. Unless expressly authorized by MB FAMILIA NOSTRA., you are prohibited from making a copy of the Software available on a network where it could be used by multiple users. You are prohibited from making the Software available over a network where it could be downloaded by multiple users. You may not remove or alter MB FAMILIA NOSTRA trademarks or logos, or legal notices included in the Software or related assets.
D. Reservation of Rights. You have obtained a license to the Software and your rights are subject to this License. Except as expressly licensed to you herein, MB FAMILIA NOSTRA reserves all right, title and interest in the Software (including all characters, storyline, images, photographs, animations, video, music, text), and all associated copyrights, trademarks, and other intellectual property rights therein. This License is limited to the intellectual property rights of MB FAMILIA NOSTRA and its licensors in the Software and does not include any rights to other patents or intellectual property. Except to the extent permitted under applicable law, you may not decompile, disassemble, or reverse engineer the Software, or any component thereof, by any means whatsoever. You may not remove, alter, or obscure any product identification, copyright, or other intellectual property notices in the Software. All rights not expressly granted herein are reserved by MB FAMILIA NOSTRA.
2. Consent to Use of Data.
MB FAMILIA NOSTRA knows that you care how information about you is collected, used and shared, and we appreciate your trust that we will do so carefully and sensibly. Information about our customers is an important part of our business. We and agents acting on our behalf do not share information that personally identifies you without your consent, except in rare instances where disclosure is required by law or to enforce MB FAMILIA NOSTRA legal rights.
When you use this software, MB FAMILIA NOSTRA and its affiliates may (1) install and/or run software on your computer; and (2) collect, use and store data from your computer or device. Information that MB FAMILIA NOSTRA and its affiliates collect includes technical and related information regarding your computer (or device) and operating system (including Internet Protocol Address and device ID(s)), as well as information about your Software usage (including but not limited to successful installation and/or removal),usage statistics, system interactions and peripheral hardware.
MB FAMILIA NOSTRA and its affiliates may use this information to improve their products and services, provide services to and communicate with you (including for marketing purposes), facilitate the provision of software updates, provide dynamically served content, and software support, implement anti-cheat measures, enforce MB FAMILIA NOSTRA policies, and to troubleshoot bugs or otherwise enhance your experience. Please note, if you use offline, the data described above will be stored on your device. If and when you connect to the Internet, this data will be transmitted to MB FAMILIA NOSTRA and its affiliates.
IF YOU DO NOT CONSENT TO THIS COLLECTION AND USE OF INFORMATION, DO NOT INSTALL OR USE THE SOFTWARE.
This and all other data provided to MB FAMILIA NOSTRA and/or collected by MB FAMILIA NOSTRA in connection with your installation and use of this Software is collected, used, stored and transmitted by MB FAMILIA NOSTRA., Žemdirbių g. 35, LT-28216 Utena, in accordance with MB FAMILIA NOSTRA Privacy and Cookie Policy at www.awokex.com.
To the extent that anything in this section conflicts or is inconsistent with MB FAMILIA NOSTRA and Cookie Policy, the terms of the Privacy and Cookie Policy shall control.
3. Consent to Public Display of Data. If you participate in online services, such as online use or the downloading and uploading of content, MB FAMILIA NOSTRA and its affiliates may also collect, use, store, transmit and publicly display statistical data regarding usage (including results, rankings, achievements, etc.). Data that personally identifies you is collected, used, stored and transmitted in accordance with MB FAMILIA NOSTRA Privacy and Cookie Policy located at www.awokex.com.
4. Termination. This License is effective until terminated. Your rights under this License will terminate immediately and automatically without any notice from MB FAMILIA NOSTRA if you fail to comply with any of the terms and conditions of this License. Promptly upon termination, you must cease all use of the Software and destroy all copies of the Software in your possession or control. Termination will not limit any of MB FAMILIA NOSTRA other rights or remedies at law or in equity.
5. Other Software, Utilities, and Tools. The Software may require or allow you to download software, software updates or patches, or other utilities and tools from MB FAMILIA NOSTRA or its licensors onto your computer. The performance of the Software may vary depending on your computer and other equipment. You understand that certain updates to these technologies may be required in order to continue use of the Software. Some of these updates may contain locked features or content that require you to pay an additional fee to access them. You consent to MB FAMILIA NOSTRA automatically installing any available updates for the Software. Failure to install available updates may render the Software unplayable.
6. Limited Warranty on Recording Media. The LIMITED WARRANTY ON RECORDING MEDIA THAT ACCOMPANIES YOUR SOFTWARE IS INCORPORATED HEREIN BY REFERENCE. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE ADDITIONAL RIGHTS UNDER APPLICABLE LOCAL LAW, WHICH VARY FROM JURISDICTION TO JURISDICTION.
7. Disclaimer. MB FAMILIA NOSTRA IS NOT IN ANY WAY RESPONSIBLE FOR ANY DAMAGE, INCLUDING THE DAMAGE OF THE COMPUTER ITSELF OR ONE OF ITS COMPONENTS OR OCCURRED DATA LOSS WHEN USING THE SOFTWARE. MB FAMILIA NOSTRA IS ALSO NOT RESPONSIBLE FOR ANY OF THEM FUNCTIONALITY ERRORS THAT MIGHT OCCUR WHEN USING IT AND WHICH CAN BE CAUSED BY LOSS OF ELECTRICITY, HOSTING SERVICE PROVIDER MAINTENANCE AND ETC.
8. Disclaimer of Warranties. THE SOFTWARE 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. MB FAMILIA NOSTRA AND MB FAMILIA NOSTRA LICENSORS DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON INFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. MB FAMILIA NOSTRA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE; THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY MB FAMILIA NOSTRA OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. 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 MAY NOT APPLY TO YOU.
9. Limitation of Liability. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL MB FAMILIA NOSTRA, ITS SUBSIDIARIES OR ITS AFFILIATES BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION OR ANY OTHER FORM OF DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS LICENSE OR THE SOFTWARE, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE, WHETHER OR NOT MB FAMILIA NOSTRA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. In no event shall MB FAMILIA NOSTRA total liability to you for all damages (except as required by applicable law) exceed the amount actually paid by you for the Software. SOME JURISDICTIONS DO NOT ALLOW A LIMITATION OF LIABILITY FOR DEATH, PERSONAL INJURY, FRAUDULENT MISREPRESENTATIONS OR CERTAIN INTENTIONAL OR NEGLIGENT ACTS, OR VIOLATION OF SPECIFIC STATUTES, OR THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
10. Limitation of Liability and Disclaimer of Warranties are Material Terms of this License. You agree that the provisions in this License that limit liability are essential terms of this License. The foregoing limitations of liability apply even if the above stated remedy under the Limited Warranty for Recording Media fails in its essential purpose.
11. Severability and Survival. If any provision of this License is illegal or unenforceable under applicable law, the remainder of the provision shall be amended to achieve as closely as possible the effect of the original term and all other provisions of this License shall continue in full force and effect.
12. Injunctive Relief. You agree that a breach of this License will cause irreparable injury to MB FAMILIA NOSTRA for which monetary damages would not be an adequate remedy and MB FAMILIA NOSTRA be entitled to seek equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages.
13. Governing Law. If you reside in the Republic of Korea, (i) the laws of Korea, excluding its conflicts-of-law rules, govern this License and your use of the Application; and (ii) you expressly agree that exclusive jurisdiction for any claim or action arising out of or relating to this License and/or your use of the Application shall be the Courts of Korea, and you expressly consent to the exercise of personal jurisdiction of such courts. If you reside elsewhere: (i) the laws of Lithuania, excluding its conflicts-of-law rules, govern this License and/or your use of the Application; and (ii) you expressly agree that for claims and disputes not subject to the arbitration provision in section 17, below, exclusive jurisdiction for any claim or action arising out of or relating to this License and/or your use of the Application shall be the federal or state courts that govern Lithuania, and you expressly consent to the exercise of personal jurisdiction of such courts. Please note that your conduct may also be subject to other local, state, national, and international laws. The parties agree that the UN Convention on Contracts for the International Sale of Goods (Vienna, 1980) shall not apply to this License or to any dispute or transaction arising out of this License.
14. Export. You agree to abide by U.S. and other applicable export control laws and agree not to transfer the Software to a foreign national, or national destination, which is prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization. You certify that you are not a person with whom MB FAMILIA NOSTRA is prohibited from transacting business under applicable law.
15. Entire Agreement. This License constitutes the entire agreement between you and MB FAMILIA NOSTRA with respect to the Software and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless made in writing and signed by MB FAMILIA NOSTRA. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of any other right hereunder. In the event of a conflict between this License and any applicable purchase or other terms, the terms of this License shall govern.
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.
A. Most of your concerns can be resolved quickly and to your satisfaction by logging into the awokeX customer support interface with your awokeX Account at https://awokex.com. In the unlikely event that MB FAMILIA NOSTRA cannot resolve a concern to your satisfaction (or if MB FAMILIA NOSTRA cannot resolve a concern it has with you after attempting to do so informally), then you and MB FAMILIA NOSTRA agree to be bound by the following procedure to resolve any and all disputes between us. This provision applies to all consumers to the fullest extent allowable by law, but expressly excludes residents of Quebec, Russia, Switzerland, the Member States of the European Union, and the Republic of Korea. By accepting the terms of this License, you and MB FAMILIA NOSTRA expressly waive the right to a trial by jury or to participate in a class action. This Section is intended to be interpreted broadly. It covers any and all disputes between us (“Disputes”), including without limitation:
(a) claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;
(b) claims that arose before this Agreement or any prior agreement (including, but not limited to, claims relating to advertising);
(c) claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
(d) claims that may arise after the termination of this Agreement.
The only disputes that are not covered by this Section are the following:
1) a claim to enforce or protect, or concerning the validity of, any of your or MB FAMILIA NOSTRA (or any of MB FAMILIA NOSTRA licensors’) intellectual property rights;
2) a claim related to, or arising from, allegations of theft, piracy, or unauthorized use of intellectual property;
3) if you reside in Australia: a claim to enforce any statutory consumer rights to which you are entitled under the Australian Consumer Law; and
4) in addition, nothing in this Agreement shall prevent either party from initiating a small claims court action.
References to "MB FAMILIA NOSTRA," "you," and "us" include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or Software under this or prior agreements between us. This agreement to arbitrate evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this Section. This agreement to arbitrate shall survive termination of this EULA.
B. Informal Negotiations/Notice of Dispute. You and MB FAMILIA NOSTRA agree to first attempt to resolve any Dispute informally for at least 30 days before initiating arbitration. Such informal negotiations commence upon receipt of written notice from one person to the other (“Notice of Dispute”). Notices of Dispute must: (a) include the full name and contact information of the complaining party; (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought ("Demand"). MB FAMILIA NOSTRA will send its Notice of Dispute to your billing address (if you provided it to us) or to the email address you provided to us. You will send your Notice of Dispute to: MB FAMILIA NOSTRA Žemdirbių g. 35, LT-28216 Utena or our email info@awokex.com
C. Binding Arbitration. If you and MB FAMILIA NOSTRA are unable to resolve a Dispute through informal negotiations within 30 days after receipt of the Notice of Dispute, either you or MB FAMILIA NOSTRA may elect to have the Dispute finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND THAT BY THIS PROVISION, YOU AND MB FAMILIA NOSTRA ARE FOREGOING THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
D. Restrictions. You and MB FAMILIA NOSTRA agree that any arbitration shall be limited to the Dispute between MB FAMILIA NOSTRA and you individually, regardless whether the relief sought is monetary or injunctive in relief, and any relief awarded in arbitration shall be applicable only to you in your individual capacity. To the full extent permitted by law: (a) no arbitration shall be joined with any other; (b) no Dispute shall be arbitrated on a class basis or utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or on behalf of any person other than yourself. YOU AND MB FAMILIA NOSTRA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and MB FAMILIA NOSTRA agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this agreement to arbitration shall be null and void.
E. Location. If you are a resident of Lithuania, arbitration will take place at any reasonable location convenient for you. For residents outside the Lithuania, arbitration shall be initiated in the County of Utena, State of Utena, Lithuania, and you and MB FAMILIA NOSTRA agree to submit to the personal jurisdiction of that court, in order to compel arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
SOFTWARE END USER LICENSE AGREEMENT
awokeX
This End User License Agreement (“License”) is an agreement between you and MB FAMILIA NOSTRA., its subsidiaries and affiliates (“MB FAMILIA NOSTRA”). This License governs your use of this software product and all related documentation, and updates and upgrades that replace or supplement the software in any respect and which are not distributed with a separate license (collectively, the "Software"). This Software is licensed to you, not sold.
By installing or using the Software, you agree to the terms of this License and agree to be bound by it. Section 2 below describes the data MB FAMILIA NOSTRA may use to provide services and support to you in connection with the Software. If you do not agree to this use of data, do not install or use the Software. Section 17, below, provides that any disputes must be resolved by binding arbitration on an individual basis. IF YOU INSTALL the Software, the terms and conditions of this License are fully accepted by you. If you do not agree to the terms of this License, then do not install or use the Software.
If you do not agree to the terms of this License or the Origin Software Application License and you have not fully installed or used the Software, you may return the Software for a refund or exchange within fourteen (14) days from the date of purchase to the original place of purchase by following the instructions for return available at
https://awokex.com
1. Limited License Grant and Terms of Use.
A. Grant. Through this purchase, you are acquiring and MB FAMILIA NOSTRA grants you a personal, limited, non-exclusive license to install and use the Software for your non-commercial use solely as set forth in this License and the accompanying documentation. Your acquired rights are subject to your compliance with this Agreement. Any commercial use is prohibited. You are expressly prohibited from sub-licensing, renting, leasing or otherwise distributing the Software or rights to use the Software. The term of your License shall commence on the date that you install or otherwise use the Software, and shall end on the earlier of the date that: (i) you dispose of the Software, (ii) your subscription to the Software is terminated, cancelled, or expires, or (iii) MB FAMILIA NOSTRA terminates this License. Your license will terminate immediately if you attempt to circumvent the technical protection measures for the Software. A separate Terms of Service agreement governs your use of online services in connection with the Software. You may view the Terms of Service agreement at https://awokex.com. A separate Privacy and Cookie Policy governs the collection, storage, use and transfer of user information. You may view the Privacy and Cookie Policy at https://awokex.com.
B. Access to Online Features And/Or Services. An awokeX Account, including the acceptance of awokeX Terms of Service (http://awokex.com) and Privacy and Cookie Policy (http://awokex.com) and registration with the serial code enclosed with the Software, may be required to access online services and/or features. Only licensed software can be used to access online services and/or features, including downloadable content and access to such features, is limited to you and your immediate family or members of your household.
C. Further Restrictions. Your right to use the Software is limited to the license grant above, and you may not otherwise copy, display, seek to disable, distribute, perform, publish, modify, create works from, or use the Software or any component of it, except as expressly authorized by MB FAMILIA NOSTRA. Unless expressly authorized by MB FAMILIA NOSTRA., you are prohibited from making a copy of the Software available on a network where it could be used by multiple users. You are prohibited from making the Software available over a network where it could be downloaded by multiple users. You may not remove or alter MB FAMILIA NOSTRA trademarks or logos, or legal notices included in the Software or related assets.
D. Reservation of Rights. You have obtained a license to the Software and your rights are subject to this License. Except as expressly licensed to you herein, MB FAMILIA NOSTRA reserves all right, title and interest in the Software (including all characters, storyline, images, photographs, animations, video, music, text), and all associated copyrights, trademarks, and other intellectual property rights therein. This License is limited to the intellectual property rights of MB FAMILIA NOSTRA and its licensors in the Software and does not include any rights to other patents or intellectual property. Except to the extent permitted under applicable law, you may not decompile, disassemble, or reverse engineer the Software, or any component thereof, by any means whatsoever. You may not remove, alter, or obscure any product identification, copyright, or other intellectual property notices in the Software. All rights not expressly granted herein are reserved by MB FAMILIA NOSTRA.
2. Consent to Use of Data.
MB FAMILIA NOSTRA knows that you care how information about you is collected, used and shared, and we appreciate your trust that we will do so carefully and sensibly. Information about our customers is an important part of our business. We and agents acting on our behalf do not share information that personally identifies you without your consent, except in rare instances where disclosure is required by law or to enforce MB FAMILIA NOSTRA legal rights.
When you use this software, MB FAMILIA NOSTRA and its affiliates may (1) install and/or run software on your computer; and (2) collect, use and store data from your computer or device. Information that MB FAMILIA NOSTRA and its affiliates collect includes technical and related information regarding your computer (or device) and operating system (including Internet Protocol Address and device ID(s)), as well as information about your Software usage (including but not limited to successful installation and/or removal),usage statistics, system interactions and peripheral hardware.
MB FAMILIA NOSTRA and its affiliates may use this information to improve their products and services, provide services to and communicate with you (including for marketing purposes), facilitate the provision of software updates, provide dynamically served content, and software support, implement anti-cheat measures, enforce MB FAMILIA NOSTRA policies, and to troubleshoot bugs or otherwise enhance your experience. Please note, if you use offline, the data described above will be stored on your device. If and when you connect to the Internet, this data will be transmitted to MB FAMILIA NOSTRA and its affiliates.
IF YOU DO NOT CONSENT TO THIS COLLECTION AND USE OF INFORMATION, DO NOT INSTALL OR USE THE SOFTWARE.
This and all other data provided to MB FAMILIA NOSTRA and/or collected by MB FAMILIA NOSTRA in connection with your installation and use of this Software is collected, used, stored and transmitted by MB FAMILIA NOSTRA., Žemdirbių g. 35, LT-28216 Utena, in accordance with MB FAMILIA NOSTRA Privacy and Cookie Policy at www.awokex.com.
To the extent that anything in this section conflicts or is inconsistent with MB FAMILIA NOSTRA and Cookie Policy, the terms of the Privacy and Cookie Policy shall control.
3. Consent to Public Display of Data. If you participate in online services, such as online use or the downloading and uploading of content, MB FAMILIA NOSTRA and its affiliates may also collect, use, store, transmit and publicly display statistical data regarding usage (including results, rankings, achievements, etc.). Data that personally identifies you is collected, used, stored and transmitted in accordance with MB FAMILIA NOSTRA Privacy and Cookie Policy located at www.awokex.com.
4. Termination. This License is effective until terminated. Your rights under this License will terminate immediately and automatically without any notice from MB FAMILIA NOSTRA if you fail to comply with any of the terms and conditions of this License. Promptly upon termination, you must cease all use of the Software and destroy all copies of the Software in your possession or control. Termination will not limit any of MB FAMILIA NOSTRA other rights or remedies at law or in equity.
5. Other Software, Utilities, and Tools. The Software may require or allow you to download software, software updates or patches, or other utilities and tools from MB FAMILIA NOSTRA or its licensors onto your computer. The performance of the Software may vary depending on your computer and other equipment. You understand that certain updates to these technologies may be required in order to continue use of the Software. Some of these updates may contain locked features or content that require you to pay an additional fee to access them. You consent to MB FAMILIA NOSTRA automatically installing any available updates for the Software. Failure to install available updates may render the Software unplayable.
6. Limited Warranty on Recording Media. The LIMITED WARRANTY ON RECORDING MEDIA THAT ACCOMPANIES YOUR SOFTWARE IS INCORPORATED HEREIN BY REFERENCE. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE ADDITIONAL RIGHTS UNDER APPLICABLE LOCAL LAW, WHICH VARY FROM JURISDICTION TO JURISDICTION.
7. Disclaimer. MB FAMILIA NOSTRA IS NOT IN ANY WAY RESPONSIBLE FOR ANY DAMAGE, INCLUDING THE DAMAGE OF THE COMPUTER ITSELF OR ONE OF ITS COMPONENTS OR OCCURRED DATA LOSS WHEN USING THE SOFTWARE. MB FAMILIA NOSTRA IS ALSO NOT RESPONSIBLE FOR ANY OF THEM FUNCTIONALITY ERRORS THAT MIGHT OCCUR WHEN USING IT AND WHICH CAN BE CAUSED BY LOSS OF ELECTRICITY, HOSTING SERVICE PROVIDER MAINTENANCE AND ETC.
8. Disclaimer of Warranties. THE SOFTWARE 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. MB FAMILIA NOSTRA AND MB FAMILIA NOSTRA LICENSORS DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON INFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. MB FAMILIA NOSTRA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE; THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY MB FAMILIA NOSTRA OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. 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 MAY NOT APPLY TO YOU.
9. Limitation of Liability. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL MB FAMILIA NOSTRA, ITS SUBSIDIARIES OR ITS AFFILIATES BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION OR ANY OTHER FORM OF DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS LICENSE OR THE SOFTWARE, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE, WHETHER OR NOT MB FAMILIA NOSTRA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. In no event shall MB FAMILIA NOSTRA total liability to you for all damages (except as required by applicable law) exceed the amount actually paid by you for the Software. SOME JURISDICTIONS DO NOT ALLOW A LIMITATION OF LIABILITY FOR DEATH, PERSONAL INJURY, FRAUDULENT MISREPRESENTATIONS OR CERTAIN INTENTIONAL OR NEGLIGENT ACTS, OR VIOLATION OF SPECIFIC STATUTES, OR THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
10. Limitation of Liability and Disclaimer of Warranties are Material Terms of this License. You agree that the provisions in this License that limit liability are essential terms of this License. The foregoing limitations of liability apply even if the above stated remedy under the Limited Warranty for Recording Media fails in its essential purpose.
11. Severability and Survival. If any provision of this License is illegal or unenforceable under applicable law, the remainder of the provision shall be amended to achieve as closely as possible the effect of the original term and all other provisions of this License shall continue in full force and effect.
12. Injunctive Relief. You agree that a breach of this License will cause irreparable injury to MB FAMILIA NOSTRA for which monetary damages would not be an adequate remedy and MB FAMILIA NOSTRA be entitled to seek equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages.
13. Governing Law. If you reside in the Republic of Korea, (i) the laws of Korea, excluding its conflicts-of-law rules, govern this License and your use of the Application; and (ii) you expressly agree that exclusive jurisdiction for any claim or action arising out of or relating to this License and/or your use of the Application shall be the Courts of Korea, and you expressly consent to the exercise of personal jurisdiction of such courts. If you reside elsewhere: (i) the laws of Lithuania, excluding its conflicts-of-law rules, govern this License and/or your use of the Application; and (ii) you expressly agree that for claims and disputes not subject to the arbitration provision in section 17, below, exclusive jurisdiction for any claim or action arising out of or relating to this License and/or your use of the Application shall be the federal or state courts that govern Lithuania, and you expressly consent to the exercise of personal jurisdiction of such courts. Please note that your conduct may also be subject to other local, state, national, and international laws. The parties agree that the UN Convention on Contracts for the International Sale of Goods (Vienna, 1980) shall not apply to this License or to any dispute or transaction arising out of this License.
14. Export. You agree to abide by U.S. and other applicable export control laws and agree not to transfer the Software to a foreign national, or national destination, which is prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization. You certify that you are not a person with whom MB FAMILIA NOSTRA is prohibited from transacting business under applicable law.
15. Entire Agreement. This License constitutes the entire agreement between you and MB FAMILIA NOSTRA with respect to the Software and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless made in writing and signed by MB FAMILIA NOSTRA. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of any other right hereunder. In the event of a conflict between this License and any applicable purchase or other terms, the terms of this License shall govern.
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.
A. Most of your concerns can be resolved quickly and to your satisfaction by logging into the awokeX customer support interface with your awokeX Account at https://awokex.com. In the unlikely event that MB FAMILIA NOSTRA cannot resolve a concern to your satisfaction (or if MB FAMILIA NOSTRA cannot resolve a concern it has with you after attempting to do so informally), then you and MB FAMILIA NOSTRA agree to be bound by the following procedure to resolve any and all disputes between us. This provision applies to all consumers to the fullest extent allowable by law, but expressly excludes residents of Quebec, Russia, Switzerland, the Member States of the European Union, and the Republic of Korea. By accepting the terms of this License, you and MB FAMILIA NOSTRA expressly waive the right to a trial by jury or to participate in a class action. This Section is intended to be interpreted broadly. It covers any and all disputes between us (“Disputes”), including without limitation:
(a) claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;
(b) claims that arose before this Agreement or any prior agreement (including, but not limited to, claims relating to advertising);
(c) claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
(d) claims that may arise after the termination of this Agreement.
The only disputes that are not covered by this Section are the following:
1) a claim to enforce or protect, or concerning the validity of, any of your or MB FAMILIA NOSTRA (or any of MB FAMILIA NOSTRA licensors’) intellectual property rights;
2) a claim related to, or arising from, allegations of theft, piracy, or unauthorized use of intellectual property;
3) if you reside in Australia: a claim to enforce any statutory consumer rights to which you are entitled under the Australian Consumer Law; and
4) in addition, nothing in this Agreement shall prevent either party from initiating a small claims court action.
References to "MB FAMILIA NOSTRA," "you," and "us" include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or Software under this or prior agreements between us. This agreement to arbitrate evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this Section. This agreement to arbitrate shall survive termination of this EULA.
B. Informal Negotiations/Notice of Dispute. You and MB FAMILIA NOSTRA agree to first attempt to resolve any Dispute informally for at least 30 days before initiating arbitration. Such informal negotiations commence upon receipt of written notice from one person to the other (“Notice of Dispute”). Notices of Dispute must: (a) include the full name and contact information of the complaining party; (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought ("Demand"). MB FAMILIA NOSTRA will send its Notice of Dispute to your billing address (if you provided it to us) or to the email address you provided to us. You will send your Notice of Dispute to: MB FAMILIA NOSTRA Žemdirbių g. 35, LT-28216 Utena or our email info@awokex.com
C. Binding Arbitration. If you and MB FAMILIA NOSTRA are unable to resolve a Dispute through informal negotiations within 30 days after receipt of the Notice of Dispute, either you or MB FAMILIA NOSTRA may elect to have the Dispute finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND THAT BY THIS PROVISION, YOU AND MB FAMILIA NOSTRA ARE FOREGOING THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
D. Restrictions. You and MB FAMILIA NOSTRA agree that any arbitration shall be limited to the Dispute between MB FAMILIA NOSTRA and you individually, regardless whether the relief sought is monetary or injunctive in relief, and any relief awarded in arbitration shall be applicable only to you in your individual capacity. To the full extent permitted by law: (a) no arbitration shall be joined with any other; (b) no Dispute shall be arbitrated on a class basis or utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or on behalf of any person other than yourself. YOU AND MB FAMILIA NOSTRA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and MB FAMILIA NOSTRA agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this agreement to arbitration shall be null and void.
E. Location. If you are a resident of Lithuania, arbitration will take place at any reasonable location convenient for you. For residents outside the Lithuania, arbitration shall be initiated in the County of Utena, State of Utena, Lithuania, and you and MB FAMILIA NOSTRA agree to submit to the personal jurisdiction of that court, in order to compel arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.