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Please read this end user license agreement (“EULA”) very carefully. By accessing or using www.9SQUAD.COM (the “Site”) and/or downloading/installing the CUBECOIS Software (“Software”) from 9SQUAD LTD, you are agreeing to the terms of this EULA. If you do not agree to the terms of this EULA, you must not access, download, install or use the Site and Software.
Section 1: Introduction
This EULA is a legal agreement between you and 9SQUAD LTD (“9SQUAD”, “we”, “our”, or “us”). This EULA governs your use of the Site and Software. In addition, this EULA also applies to automatic updates, add-ons, supplements and Internet-based services relating to the Software that we may provide or make available to you. Our Privacy Policy describes what information we collect and how we use and share such information. It can be found by clicking on its link located on the bottom of this page.
Section 2: Advertising through the Software
For the moment, no plans are underway to advertise through the Software. However, we reserve the right to advertise. When you install the Software, you will be given free access to our library of engaging premium games that are not available unless the Software is installed. By installing the Software, advertisements such as video, textlink, interstitial and pop-ups COULD be served eventually to you via the Software. The support from Advertisements can be necessary so that we can provide you with the free premium gaming content. As such, you could see offers & display ads when using this service. These Advertisements are not associated with any underlying website, and further information about these ads is available by clicking the “about this ad” link in the ad display frame or as expressed in this EULA hereunder. You can easily uninstall or disable our product.
Section 3: Privacy Policy
As explained in more detail, the Privacy Policy, no personally identifiable information is collected by the Software. The Software may be automatically updated on a regular basis so that we can upkeep our technology and push out new functions and features as appropriate. Such periodic updates to the Software may include updates to our security database; and/or additions, changes or modifications to the Software, as well as the addition of other functionalities that may enhance the relevancy of your advertisement experience. We reserve the right to add, change or discontinue any portion of our Site and Software in any way, solely as a matter of our discretion. Please let us know any questions or issues you have relating to the Site or Software by contacting us at ADMIN@9SQUAD.COM .
As the Privacy Policy explains in more detail, we could use cookies, web beacons, and other tracking technologies to collect certain information about you and when you use the Software. Specifically, we could collect non-personally identifiable information, such as your IP address, browser type, operating system, date and time of your visit and time spent on the site, and/or referral information.
Section 4: License Grant
Subject to the terms of this EULA, 9SQUAD grants you a revocable, non-exclusive, limited, non-sublicense able license to use the Site and install and use one copy of the Software on a single computer. 9SQUAD maintains all ownership rights of the Site and Software, including all title, interest in, and intellectual property rights therein. All rights not expressly granted herein are reserved by 9SQUAD. All title and copyrights in and to the Site and Software (including but not limited to any content, images, graphics, video, audio, text and other features incorporated in the Site and Software), and any copies of the Site and Software are protected by the copyright laws and international treaty provisions, as well as other intellectual property laws. Therefore, you must treat the Site and Software like any other protected copyrighted material. Except as expressly set forth in this EULA, you may not copy the Site and Software or any accompanying materials therein. Because the Site and Software contain 9SQUAD’s proprietary information, you agree: (a) to hold in the strictest confidence all code and other technical elements of the Site and Software, (b) to not directly or indirectly copy, reproduce, distribute, manufacture, reveal, report, publish, case to be disclosed or otherwise transfer anything on or in the Site and Software to any third party, and (c) not to make use of the Site and Software other than for your own personal and non-commercial purpose.
INTERNET CONNECTION: The Software requires an internet connection to access internet-based features, authenticate the Software, or perform other functions.
USER ACCOUNTS: In order to use the Software or a software feature, or for certain features of the Software to operate properly, you may be required to have and maintain a valid and active user account with an online service, such as a third-party gaming platform or social network account ("Third-Party Account"), or an account with Licensor or a Licensor affiliate, as set forth in the Software documentation. If you do not maintain such accounts, then certain features of the Software may not operate or may cease to function properly, either in whole or in part. The Software may also require you to create a Software-specific user account with Licensor or a Licensor affiliate ("User Account") in order to access the Software and its functionality and features. Your User Account log-in may be associated with a Third-Party Account. You are responsible for all use and the security of your User Accounts and any Third-Party Accounts that you use to access and use the Software.
VIRTUAL CURRENCY AND VIRTUAL GOODS
If the Software allows you to purchase and/or earn through play a license to use Virtual Currency and Virtual Goods, the following additional terms and conditions apply.
The Software may enable users to (i) use fictional virtual currency as a medium of exchange exclusively within the Software ("Virtual Currency" or "VC") and (ii) gain access to (and certain limited rights to use) virtual goods within the Software ("Virtual Goods" or "VG"). Regardless of the terminology used, VC and VG represent a limited license right governed by this Agreement. Subject to the terms of and compliance with this Agreement, Licensor hereby grants you the nonexclusive, non-transferable, non-sublicensable, limited right and license to use VC and VG obtained by you for your personal, non-commercial gameplay exclusively within the Software. Except as otherwise prohibited by applicable law, VC and VG obtained by you are licensed to you, and you hereby acknowledge that no title or ownership in or to VC and VG is being transferred or assigned hereunder. This Agreement should not be construed as a sale of any rights in VC and VG.
VC and VG do not have an equivalent value in real currency and do not act as a substitute for real currency. You acknowledge and agree that Licensor may revise or take action that impacts the perceived value of or purchase price for any VC and/or VG at any time except as prohibited by applicable law. VC and VG do not incur fees for non-use; provided, however, that the license granted hereunder to VC and VG will terminate in accordance with the terms and conditions of this Agreement and the Software documentation, when Licensor ceases providing the Software, or this Agreement is otherwise terminated. Licensor, in its sole discretion, reserves the right to charge fees for the right to access or use VC or VG and/or may distribute VC or VG with or without charge.
EARNING & PURCHASING VIRTUAL CURRENCY & VIRTUAL GOODS: You may have the ability to purchase VC or to earn VC from Licensor for the completion of certain activities or accomplishments in the Software. For example, Licensor may provide VC or VG upon the completion of an in-game activity or completing a task. Once obtained, VC and/or VG will be credited to your User Account. You may purchase VC and VG only within the Software, or through a platform, participating third-party online store, application store, or other store authorized by Licensor (all referred to herein as "Software Store"). Purchase and use of in-game items or currency through a Software Store are subject to the Software Store's governing documents, including but not limited to, the Terms of Service and User Agreement. This online service has been sublicensed to you by the Software Store. Licensor may offer discounts or promotions on the purchase of VC, and such discounts and promotions may be modified or discontinued by Licensor at any time without notice to you. Upon completing an authorized purchase of VC from an Application Store, the amount of purchased VC will be credited to your User Account. The Licensor shall establish a maximum amount you may spend to purchase VC per transaction and/or per day, which may vary depending on the associated Software. Licensor, in its sole discretion, may impose additional limits on the amount of VC you may purchase or use, how you may use VC, and the maximum balance of VC that may be credited to your User Account. You are solely responsible for all VC purchases made through your User Account regardless of whether or not authorized by you.
BALANCE CALCULATION: You can access and view your available VC and VG in your User Account when logged into your User Account. Licensor reserves the right, in its sole discretion, to make all calculations regarding the available VC and VG in your User Account. Licensor further reserves the right, in its sole discretion, to determine the amount of and manner in which VC is credited and debited from your User Account in connection with your purchase of VG or for other purposes. While Licensor strives to make all such calculations on a consistent and reasonable basis, you hereby acknowledge and agree that Licensor's determination of the available VC and VG in your User Account is final, unless you can provide documentation to Licensor that such calculation was or is intentionally incorrect.
USING VIRTUAL CURRENCY AND VIRTUAL GOODS: All purchased in-game Virtual Currency and/or Virtual Goods may be consumed or lost by players in the course of gameplay according to the game's rules applicable to currency and goods, which may vary depending on the associated Software. VC and VG may only be used within the Software, and Licensor, in its sole discretion, may limit use of VC and/or VG to a single game. VC and/or VG may never be used in connection with an agreement with other individuals to wager any money or other thing of value. The authorized uses and purposes of VC and VG may change at any time. Your available VC and/or VG as shown in your User Account will be reduced each time you use VC and/or VG within the Software. The use of any VC and/or VG constitutes a demand against and withdrawal from your available VC and/or VG in your User Account. You must have sufficient available VC and/or VG in your User Account in order to complete a transaction within the Software. VC and/or VG in your User Account may be reduced without notice upon the occurrence of certain events related to your use of the Software: For example, you may lose VC or VG upon the loss of a game or the death of your character. You are responsible for all uses of VC and/or VG made through your User Account, regardless of whether or not authorized by you. You must notify Licensor immediately upon discovering the unauthorized use of any VC and/or VG made through your User Account by submitting a support request at https://www.9squad.com.
NON-REDEEMABLE: VC and VG may only be redeemed for in-game goods and services. You may not sell, lease, license, or rent VC or VG, convert them into convertible VC. VC and VG may only be redeemed for in-game goods or services and are not redeemable for any sum of money or monetary value or other goods from Licensor or any other person or entity at any time, except as expressly provided herein or otherwise required by applicable law. VC and VG have no cash value, and neither Licensor nor any other person or entity has any obligation to exchange your VC or VG for anything of value, including, but not limited to, real currency.
NO REFUND: All purchases of VC and VG are final and under no circumstances will such purchases be refundable, transferable, or exchangeable. Except as prohibited by applicable law, Licensor has the absolute right to manage, regulate, control, modify, suspend, and/or eliminate such VC and/or VG as it sees fit in its sole discretion, and Licensor shall have no liability to you or anyone else for the exercise of such rights.
NO TRANSFERS: Any transferring, trading, selling, or exchanging of any VC or VG to anyone, other than in game play using the Software as expressly authorized by Licensor ("Unauthorized Transactions"), including, but not limited to, among other users of the Software, is not sanctioned by Licensor and is strictly forbidden. Licensor reserves the right, in its sole discretion, to terminate, suspend, or modify your User Account and your VC and VG and terminate this Agreement if you engage in, assist in, or request any Unauthorized Transactions. All users who participate in such activities do so at their own risk and hereby agree to be responsible and liable to Licensor, its partners, licensors, affiliates, contractors, officers, directors, employees, and agents for all damages, losses and expenses arising directly or indirectly from such actions. You acknowledge that Licensor may request that the applicable Application Store stop, suspend, terminate, discontinue, or reverse any Unauthorized Transaction, regardless of when such Unauthorized Transaction occurred (or has yet to occur) when it suspects or has evidence of fraud, violations of this Agreement, violations of any applicable law or regulation, or any intentional act designed to interfere or that otherwise has the effect of or may have the effect of intervening in any way with the operation of the Software. If we believe or have any reason to suspect that you have engaged in an Unauthorized Transaction, you further agree that Licensor may, in its sole discretion, restrict your access to your available VC and VG in your User Account or terminate or suspend your User Account and your rights to any VC, VG, and other items associated with your User Account.
LOCATION: VC is only available to customers in certain locations. You may not purchase or use VC if you are not in an approved location.
SOFTWARE STORE TERMS
This Agreement and the provision of the Software through any Software Store (including the purchase of VC or VG) is subject to the additional terms and conditions set forth on or in or required by the applicable Software Store and all such applicable terms and conditions are incorporated herein by this reference. Licensor is not responsible or liable to you for any credit card or bank-related charges or other charges or fees related to your purchase transactions within the Software or through a Software Store. All such transactions are administered by the Software Store, not Licensor. Licensor expressly disclaims any liability for any such transactions, and you agree that your sole remedy regarding all transactions is from or through such Software Store.
This Agreement is solely between you and Licensor, and not with any Software Store. You acknowledge that the Software Store has no obligation to furnish any maintenance or support services to you in connection with the Software. Except for the foregoing, to the maximum extent permitted by applicable law, the Software Store will have no other warranty obligation whatsoever with respect to the Software. Any claim in connection with the Software related to product liability, a failure to conform to applicable legal or regulatory requirements, claims under consumer protection or similar legislation or intellectual property infringement are governed by this Agreement, and the Software Store is not responsible for such claims. You must comply with the Software Store Terms of Service and any other Software Store applicable rules or policies. The license to the Software is a non-transferable license to use the Software only on an applicable device that you own or control. You represent that you are not located in any U.S.-embargoed countries or other geographical areas or on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's list or Entity List. The Software Store is a third-party beneficiary to this Agreement and may enforce this Agreement against you.
INFORMATION COLLECTION & USAGE
By installing and using the Software, you consent to the information collection and usage terms set forth in this section and Licensor's Privacy Policy, including (where applicable) (i) the transfer of any personal information and other information to Licensor, its affiliates, vendors, and business partners, and to certain other third parties, such as governmental authorities, in the U.S. and other countries located outside Europe or your home country, including countries that may have lower standards of privacy protection; (ii) the public display of your data, such as identification of your user-created content or displaying your scores, ranking, achievements, and other gameplay data on websites and other platforms; (iii) the sharing of your gameplay data with hardware manufacturers, platform hosts, and Licensor's marketing partners; and (iv) other uses and disclosures of your personal information or other information as specified in the above-referenced Privacy Policy, as amended from time to time. If you do not want your information used or shared in this manner, then you should not use the Software.
For the purposes all data privacy issues, including the collection, use, disclosure, and transfer of your personal information and other information, the Privacy Policy located at www.9squad.com, as amended from time to time, takes precedence over any other statement in this Agreement.
TERMINATION
This Agreement is effective until terminated by you or by the Licensor. This Agreement automatically terminates when Licensor ceases to operate the Software servers (for games exclusively operated online), if Licensor determines or believes your use of the Software involves or may involve fraud or money laundering or any other illicit activity, or upon your failure to comply with terms and conditions of this Agreement, including, but not limited to, the License Conditions above. You may terminate this Agreement at any time by (i) requesting Licensor to terminate and delete your User Account that is used to access or use the Software using the method set forth in the Terms of Service or (ii) destroying and/or deleting any and all copies of all Software in your possession, custody, or control. Deleting the Software from your Game Platform will not delete the information associated with your User Account, including any VC and VG associated with your User Account. If you reinstall the Software using the same User Account, then you may still have access to your prior User Account information, including any VC and VG associated with your User Account. However except as otherwise prohibited by applicable law, if your User Account is deleted upon termination of this Agreement for any reason, all VC and/or VG associated with your User Account will also be deleted, and you will no longer be available for use the Software or any VC or VG associated with your User Account. If this Agreement terminates due to your violation of this Agreement, Licensor may prohibit you from re-registering or re-accessing the Software. Upon any termination of this Agreement, you must destroy or return the physical copy of Software to Licensor, as well as permanently destroy all copies of the Software, accompanying documentation, associated materials, and all of its component parts in your possession or control, including from any client server, computer, gaming unit, or mobile device on which it has been installed. Upon termination of this Agreement, your rights to use the Software, including any VC or VG associated with your User Account, will terminate immediately, and you must cease all use of the Software. The termination of this Agreement will not affect our rights or your obligations arising under this Agreement.
WARRANTY
There is no warranty on the games provided by 9SQUAD.
YOUR RESPONSIBILITY TO LICENSOR
To the fullest extent of applicable law, you agree to be responsible and liable to Licensor, its partners, licensors, affiliates, contractors, officers, directors, employees, and agents in respect of all damages, losses, and expenses arising directly or indirectly from your acts and omissions to act in using the Software pursuant to the terms of the Agreement.
TO THE FULLEST EXTENT OF APPLICABLE LAW, LICENSOR SHALL NOT BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, USE, OR MALFUNCTION OF THE SOFTWARE, INCLUDING, BUT NOT LIMITED TO, DAMAGES TO PROPERTY, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION, AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, PROPERTY DAMAGE, OR LOST PROFITS OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SOFTWARE, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY, OR OTHERWISE, WHETHER OR NOT LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT OF APPLICABLE LAW, LICENSOR'S LIABILITY FOR ALL DAMAGES SHALL NOT (EXCEPT AS REQUIRED BY APPLICABLE LAW) EXCEED THE ACTUAL PRICE PAID BY YOU FOR USE OF THE SOFTWARE.
IF YOU ARE A RESIDENT OF AN EU MEMBER STATE, NOTWITHSTANDING ANYTHING TO THE CONTRARY SET OUT ABOVE, LICENSOR IS RESPONSIBLE FOR LOSS OR DAMAGE YOU SUFFER THAT IS A REASONABLY FORESEEABLE RESULT OF LICENSOR'S BREACH OF THIS AGREEMENT OR ITS NEGLIGENCE, BUT IT IS NOT RESPONSIBLE FOR LOSS OR DAMAGE THAT IS NOT FORESEEABLE.
WE DO NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM OUR NETWORK AND OTHER PORTIONS OF THE INTERNET, WIRELESS NETWORKS, OR OTHER THIRD-PARTY NETWORKS. SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF THE INTERNET AND WIRELESS SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES MAY IMPAIR OR DISRUPT YOUR CONNECTIONS TO THE INTERNET, WIRELESS SERVICES, OR PORTIONS THEREOF. WE CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. TO THE FULLEST EXTENT OF APPLICABLE LAW, WE DISCLAIM ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO THIRD-PARTY ACTIONS OR INACTIONS THAT IMPAIR OR DISRUPT YOUR CONNECTIONS TO THE INTERNET, WIRELESS SERVICES, OR PORTIONS THEREOF OR THE USE OF THE SOFTWARE AND RELATED SERVICES AND PRODUCTS.
Section 5: Responsibility
You are fully and solely responsible for your activities when using the Site and Software. You shall not use the Site or Software in any way that is unlawful or that harms us or any other party in anyway.
Section 6: Uninstallation
The Software may be uninstalled based on your platform. Steam from your Steam application, on IOS and Android the normal way to uninstall an application.
If you encounter difficulties removing the Software, please contact us at ADMIN@9SQUAD.COM.
Section 7: Automatic Updates
Our Site and Software can be updated periodically. 9SQUAD in its sole discretion may or may not update the Software on your computer, but has no obligation to provide you with any updates. We reserve the right to add, change or to discontinue any part of our Software in any way, solely in our discretion. Due to the rapidly evolving nature of the Internet and continuous improvements to our Site and Software, 9SQUAD reserves the right to make changes to this EULA. Please check this page periodically for changes. Any such modification constitutes a successor EULA, and therefore, continued us of the Site and Software indicates your acceptance of such modified EULA. If you do not accept any such successor EULAs you must uninstall the Software from your computer and cease and your use of the Site. Failure to uninstall the Software or your continued use of the Site constitutes acceptance of the modified EULA.
Section 8: Termination
You may terminate this EULA at any time by uninstalling the Software and ceasing your use of the Site. This EULA is terminated automatically if you do not comply with all of the terms and conditions of the EULA. CUBECOIS also may terminate this EULA at any time for any reason, without notice to you and in its sole discretion. In the event that EULA is terminated for any reason, your rights to use the Site and Software will immediately cease and you must uninstall the Software and cease your use of the Site.
Section 9: Disclaimer
TO THE MAIXUM EXTENT PERMITTED BY LAW, CUBECOIS EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, TITLE COMPLETENESS, ACCURACY AND NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE. THE SITE AND SOFTWARE ARE PROVIDED “AS IS’ AND “AS AVAILABLE’. THERE ARE NO WARRANTIES THAT YOUR ACCESS TO OR USE OF THE SITE AND SOFTWARE OR ANY PART THEREFORE WILL BE ERROR FREE, UNINTERRUPTED OR COMPLETELY SECURE. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. ACCORDINGLY, YOUR USE OF THE SITE AND SOFTWARE IS SOLELY AT YOUR OWN RISK, INCLUDING WITHOUT LIMIT ALL RISKS ASSOCIATED WITH THE STIE AND SOFTWARE NOT FUNCTIONING AS INTENDED OR FAILURE OF THE SITE AND SOFTWARE RESULTING FROM ACCIDENT, ABUSE, MISAPPLICATION OR A VIRUS.
Section 10: Additional Terms
Your not allowed to make any changes or ask others to make changes to the Site and Software, including reverse engineering or decompiling the Site and Software, or modifying it an any way or disassembling the Site and Software. Any modification to the Site and Software shall remain the exclusive property of 9SQUAD. 9SQUAD may in its sole discretion and for any reason discontinue your right to access and use of the Site and Software. Without prejudice to any other rights, we reserve the right immediately to terminate this EULA in the event you violate any terms of this EULA, and to investigate and cooperate with our appropriate legal authorities regarding any illegal or unauthorized actives involving your use of the Site and Software or this EULA. You must be at least 18 years of age in order to enter into this EULA for the licensing of the Site and Software. As a condition of your using our Site and Software, you represent that you are at least 18 years old. 9SQUAD has no control over third party sites which you may have access, including those sites which are linked to our Site and through those sites accessed via Advertisements. Therefore, 9SQUAD is not responsible for the content or function of any other website, and disclaims any liability for any aspects of any websites you access via direct access or access through our Site or Software functionality. The applicable terms and privacy policies of those websites shall govern your use of such websites.
Section 11: Limitation of Liability and Exclusive Remedy
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL 9SQUAD GAMES OR ANY OF ITS MEMBERS, OFFICERS, EMPLOYEES, DIRECTORS, CONSULTANTS, AFFILIATES OR SUBSIDIARIES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMES FOR LOSS DUE TO BUSINESS INTERRUPTION, LOSS OF PROFITS, LOSS OF INFORMATION OR ANY OTHER KIND OF PECUNIARY LOSS) ARISING OUT OF OR RELATED TO THE USE OR INABILITY TO USE THE SITE AND SOFTWARE OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF 9SQUAD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, CUBECOIS SHALL HAVE NO LIABILITY FOR ANY DAMAGES CAUSED TO ANY HARDWARE OR BY THE COMBINATION OF OUR SITE AND SOFTWARE WITH ANY OTHER APPLICATION OR SOFTWARE. IN ANY CASE, OUR ENTIRE LIABILITY, THAT THAT OF OUR MEMBERS, OFFICERS, EMPLOYEES, DIRECTORS, CONSULTANTS, AFFILIATES OR SUBSIDIARIES, UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO $20. TO THE EXTENT SOME STATES/PROVINCES AND JURISDICTION DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU IN SUCH STATES.
IN AN OF THE FOREGOING EXCLUSIONS OF LIABILITY IS HELD TO FAIL OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED TO BE VOIDABLE OR UNENFORCEABLE, WHETHER IN WHOLE OR IN PART, FOR ANY REASON, THEN THE MAXIMUM AGGREGATE, CUMULATIVE LIABILITY OF CUBECOIS AND THE OF OUR MEMBERS, OFFICERS, EMPLOYEES, DIRECTORS, CONSULTANTS, AFFILIATES SOFTWARE, WHALL NOT EXCEED YOUR DIRECT DAMAGES, IF ANY, UP TO TWENTY DOLLARS ($20.00). RECOVER OF SUCH DAMES UP TO SUCH ABOUT SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY.
THE LIMITATIONS IN THIS SECTION SHALL BE DEEMED TO APPLY TO ALL CLAIMS, CAUSES OF ACTION AND ALL LEGAL THEORIES, WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM OR RELATE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE OR OTHER TORTS, OR ANY OTHER CLAIM OR CAUSE OF ACTION. HOWEVER STATED, THE EXCLUSION OF CONSEQUENTIAL DAMAGES UDNER THIS SECTION IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IF SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED TO BE VOIDABLE OR UNENFORCEABLE.
Section 13: Time Limit to Bring a Claim
You and 9SQUAD agree that any claim or cause of action arising out of or related to this EULA or the Site and Software must commence within one (1) week after the claim or cause of action accrues. Otherwise, such claim or cause of action is permanently barred.
Section 14: Miscellaneous
This EULA constitutes the entire agreement under which 9SQUAD allows you to use the Site and Software. If there are any clauses or provisions in this EULA which may now or in the future be held to be illegal, unenforceable or invalid, only those specific terms shall be deemed unenforceable and the remainder of the EULA shall remain in full force and effect. In addition to any other limitations which may be set forth herein, 9SQUAD shall not be responsible for events which are out of the control of 9SQUAD and which negatively impact the performance or use of the Site and Software, such as acts by governmental authorities, acts of God or other acts no within the reasonable control of 9SQUAD.
Section 1: Introduction
This EULA is a legal agreement between you and 9SQUAD LTD (“9SQUAD”, “we”, “our”, or “us”). This EULA governs your use of the Site and Software. In addition, this EULA also applies to automatic updates, add-ons, supplements and Internet-based services relating to the Software that we may provide or make available to you. Our Privacy Policy describes what information we collect and how we use and share such information. It can be found by clicking on its link located on the bottom of this page.
Section 2: Advertising through the Software
For the moment, no plans are underway to advertise through the Software. However, we reserve the right to advertise. When you install the Software, you will be given free access to our library of engaging premium games that are not available unless the Software is installed. By installing the Software, advertisements such as video, textlink, interstitial and pop-ups COULD be served eventually to you via the Software. The support from Advertisements can be necessary so that we can provide you with the free premium gaming content. As such, you could see offers & display ads when using this service. These Advertisements are not associated with any underlying website, and further information about these ads is available by clicking the “about this ad” link in the ad display frame or as expressed in this EULA hereunder. You can easily uninstall or disable our product.
Section 3: Privacy Policy
As explained in more detail, the Privacy Policy, no personally identifiable information is collected by the Software. The Software may be automatically updated on a regular basis so that we can upkeep our technology and push out new functions and features as appropriate. Such periodic updates to the Software may include updates to our security database; and/or additions, changes or modifications to the Software, as well as the addition of other functionalities that may enhance the relevancy of your advertisement experience. We reserve the right to add, change or discontinue any portion of our Site and Software in any way, solely as a matter of our discretion. Please let us know any questions or issues you have relating to the Site or Software by contacting us at ADMIN@9SQUAD.COM .
As the Privacy Policy explains in more detail, we could use cookies, web beacons, and other tracking technologies to collect certain information about you and when you use the Software. Specifically, we could collect non-personally identifiable information, such as your IP address, browser type, operating system, date and time of your visit and time spent on the site, and/or referral information.
Section 4: License Grant
Subject to the terms of this EULA, 9SQUAD grants you a revocable, non-exclusive, limited, non-sublicense able license to use the Site and install and use one copy of the Software on a single computer. 9SQUAD maintains all ownership rights of the Site and Software, including all title, interest in, and intellectual property rights therein. All rights not expressly granted herein are reserved by 9SQUAD. All title and copyrights in and to the Site and Software (including but not limited to any content, images, graphics, video, audio, text and other features incorporated in the Site and Software), and any copies of the Site and Software are protected by the copyright laws and international treaty provisions, as well as other intellectual property laws. Therefore, you must treat the Site and Software like any other protected copyrighted material. Except as expressly set forth in this EULA, you may not copy the Site and Software or any accompanying materials therein. Because the Site and Software contain 9SQUAD’s proprietary information, you agree: (a) to hold in the strictest confidence all code and other technical elements of the Site and Software, (b) to not directly or indirectly copy, reproduce, distribute, manufacture, reveal, report, publish, case to be disclosed or otherwise transfer anything on or in the Site and Software to any third party, and (c) not to make use of the Site and Software other than for your own personal and non-commercial purpose.
INTERNET CONNECTION: The Software requires an internet connection to access internet-based features, authenticate the Software, or perform other functions.
USER ACCOUNTS: In order to use the Software or a software feature, or for certain features of the Software to operate properly, you may be required to have and maintain a valid and active user account with an online service, such as a third-party gaming platform or social network account ("Third-Party Account"), or an account with Licensor or a Licensor affiliate, as set forth in the Software documentation. If you do not maintain such accounts, then certain features of the Software may not operate or may cease to function properly, either in whole or in part. The Software may also require you to create a Software-specific user account with Licensor or a Licensor affiliate ("User Account") in order to access the Software and its functionality and features. Your User Account log-in may be associated with a Third-Party Account. You are responsible for all use and the security of your User Accounts and any Third-Party Accounts that you use to access and use the Software.
VIRTUAL CURRENCY AND VIRTUAL GOODS
If the Software allows you to purchase and/or earn through play a license to use Virtual Currency and Virtual Goods, the following additional terms and conditions apply.
The Software may enable users to (i) use fictional virtual currency as a medium of exchange exclusively within the Software ("Virtual Currency" or "VC") and (ii) gain access to (and certain limited rights to use) virtual goods within the Software ("Virtual Goods" or "VG"). Regardless of the terminology used, VC and VG represent a limited license right governed by this Agreement. Subject to the terms of and compliance with this Agreement, Licensor hereby grants you the nonexclusive, non-transferable, non-sublicensable, limited right and license to use VC and VG obtained by you for your personal, non-commercial gameplay exclusively within the Software. Except as otherwise prohibited by applicable law, VC and VG obtained by you are licensed to you, and you hereby acknowledge that no title or ownership in or to VC and VG is being transferred or assigned hereunder. This Agreement should not be construed as a sale of any rights in VC and VG.
VC and VG do not have an equivalent value in real currency and do not act as a substitute for real currency. You acknowledge and agree that Licensor may revise or take action that impacts the perceived value of or purchase price for any VC and/or VG at any time except as prohibited by applicable law. VC and VG do not incur fees for non-use; provided, however, that the license granted hereunder to VC and VG will terminate in accordance with the terms and conditions of this Agreement and the Software documentation, when Licensor ceases providing the Software, or this Agreement is otherwise terminated. Licensor, in its sole discretion, reserves the right to charge fees for the right to access or use VC or VG and/or may distribute VC or VG with or without charge.
EARNING & PURCHASING VIRTUAL CURRENCY & VIRTUAL GOODS: You may have the ability to purchase VC or to earn VC from Licensor for the completion of certain activities or accomplishments in the Software. For example, Licensor may provide VC or VG upon the completion of an in-game activity or completing a task. Once obtained, VC and/or VG will be credited to your User Account. You may purchase VC and VG only within the Software, or through a platform, participating third-party online store, application store, or other store authorized by Licensor (all referred to herein as "Software Store"). Purchase and use of in-game items or currency through a Software Store are subject to the Software Store's governing documents, including but not limited to, the Terms of Service and User Agreement. This online service has been sublicensed to you by the Software Store. Licensor may offer discounts or promotions on the purchase of VC, and such discounts and promotions may be modified or discontinued by Licensor at any time without notice to you. Upon completing an authorized purchase of VC from an Application Store, the amount of purchased VC will be credited to your User Account. The Licensor shall establish a maximum amount you may spend to purchase VC per transaction and/or per day, which may vary depending on the associated Software. Licensor, in its sole discretion, may impose additional limits on the amount of VC you may purchase or use, how you may use VC, and the maximum balance of VC that may be credited to your User Account. You are solely responsible for all VC purchases made through your User Account regardless of whether or not authorized by you.
BALANCE CALCULATION: You can access and view your available VC and VG in your User Account when logged into your User Account. Licensor reserves the right, in its sole discretion, to make all calculations regarding the available VC and VG in your User Account. Licensor further reserves the right, in its sole discretion, to determine the amount of and manner in which VC is credited and debited from your User Account in connection with your purchase of VG or for other purposes. While Licensor strives to make all such calculations on a consistent and reasonable basis, you hereby acknowledge and agree that Licensor's determination of the available VC and VG in your User Account is final, unless you can provide documentation to Licensor that such calculation was or is intentionally incorrect.
USING VIRTUAL CURRENCY AND VIRTUAL GOODS: All purchased in-game Virtual Currency and/or Virtual Goods may be consumed or lost by players in the course of gameplay according to the game's rules applicable to currency and goods, which may vary depending on the associated Software. VC and VG may only be used within the Software, and Licensor, in its sole discretion, may limit use of VC and/or VG to a single game. VC and/or VG may never be used in connection with an agreement with other individuals to wager any money or other thing of value. The authorized uses and purposes of VC and VG may change at any time. Your available VC and/or VG as shown in your User Account will be reduced each time you use VC and/or VG within the Software. The use of any VC and/or VG constitutes a demand against and withdrawal from your available VC and/or VG in your User Account. You must have sufficient available VC and/or VG in your User Account in order to complete a transaction within the Software. VC and/or VG in your User Account may be reduced without notice upon the occurrence of certain events related to your use of the Software: For example, you may lose VC or VG upon the loss of a game or the death of your character. You are responsible for all uses of VC and/or VG made through your User Account, regardless of whether or not authorized by you. You must notify Licensor immediately upon discovering the unauthorized use of any VC and/or VG made through your User Account by submitting a support request at https://www.9squad.com.
NON-REDEEMABLE: VC and VG may only be redeemed for in-game goods and services. You may not sell, lease, license, or rent VC or VG, convert them into convertible VC. VC and VG may only be redeemed for in-game goods or services and are not redeemable for any sum of money or monetary value or other goods from Licensor or any other person or entity at any time, except as expressly provided herein or otherwise required by applicable law. VC and VG have no cash value, and neither Licensor nor any other person or entity has any obligation to exchange your VC or VG for anything of value, including, but not limited to, real currency.
NO REFUND: All purchases of VC and VG are final and under no circumstances will such purchases be refundable, transferable, or exchangeable. Except as prohibited by applicable law, Licensor has the absolute right to manage, regulate, control, modify, suspend, and/or eliminate such VC and/or VG as it sees fit in its sole discretion, and Licensor shall have no liability to you or anyone else for the exercise of such rights.
NO TRANSFERS: Any transferring, trading, selling, or exchanging of any VC or VG to anyone, other than in game play using the Software as expressly authorized by Licensor ("Unauthorized Transactions"), including, but not limited to, among other users of the Software, is not sanctioned by Licensor and is strictly forbidden. Licensor reserves the right, in its sole discretion, to terminate, suspend, or modify your User Account and your VC and VG and terminate this Agreement if you engage in, assist in, or request any Unauthorized Transactions. All users who participate in such activities do so at their own risk and hereby agree to be responsible and liable to Licensor, its partners, licensors, affiliates, contractors, officers, directors, employees, and agents for all damages, losses and expenses arising directly or indirectly from such actions. You acknowledge that Licensor may request that the applicable Application Store stop, suspend, terminate, discontinue, or reverse any Unauthorized Transaction, regardless of when such Unauthorized Transaction occurred (or has yet to occur) when it suspects or has evidence of fraud, violations of this Agreement, violations of any applicable law or regulation, or any intentional act designed to interfere or that otherwise has the effect of or may have the effect of intervening in any way with the operation of the Software. If we believe or have any reason to suspect that you have engaged in an Unauthorized Transaction, you further agree that Licensor may, in its sole discretion, restrict your access to your available VC and VG in your User Account or terminate or suspend your User Account and your rights to any VC, VG, and other items associated with your User Account.
LOCATION: VC is only available to customers in certain locations. You may not purchase or use VC if you are not in an approved location.
SOFTWARE STORE TERMS
This Agreement and the provision of the Software through any Software Store (including the purchase of VC or VG) is subject to the additional terms and conditions set forth on or in or required by the applicable Software Store and all such applicable terms and conditions are incorporated herein by this reference. Licensor is not responsible or liable to you for any credit card or bank-related charges or other charges or fees related to your purchase transactions within the Software or through a Software Store. All such transactions are administered by the Software Store, not Licensor. Licensor expressly disclaims any liability for any such transactions, and you agree that your sole remedy regarding all transactions is from or through such Software Store.
This Agreement is solely between you and Licensor, and not with any Software Store. You acknowledge that the Software Store has no obligation to furnish any maintenance or support services to you in connection with the Software. Except for the foregoing, to the maximum extent permitted by applicable law, the Software Store will have no other warranty obligation whatsoever with respect to the Software. Any claim in connection with the Software related to product liability, a failure to conform to applicable legal or regulatory requirements, claims under consumer protection or similar legislation or intellectual property infringement are governed by this Agreement, and the Software Store is not responsible for such claims. You must comply with the Software Store Terms of Service and any other Software Store applicable rules or policies. The license to the Software is a non-transferable license to use the Software only on an applicable device that you own or control. You represent that you are not located in any U.S.-embargoed countries or other geographical areas or on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's list or Entity List. The Software Store is a third-party beneficiary to this Agreement and may enforce this Agreement against you.
INFORMATION COLLECTION & USAGE
By installing and using the Software, you consent to the information collection and usage terms set forth in this section and Licensor's Privacy Policy, including (where applicable) (i) the transfer of any personal information and other information to Licensor, its affiliates, vendors, and business partners, and to certain other third parties, such as governmental authorities, in the U.S. and other countries located outside Europe or your home country, including countries that may have lower standards of privacy protection; (ii) the public display of your data, such as identification of your user-created content or displaying your scores, ranking, achievements, and other gameplay data on websites and other platforms; (iii) the sharing of your gameplay data with hardware manufacturers, platform hosts, and Licensor's marketing partners; and (iv) other uses and disclosures of your personal information or other information as specified in the above-referenced Privacy Policy, as amended from time to time. If you do not want your information used or shared in this manner, then you should not use the Software.
For the purposes all data privacy issues, including the collection, use, disclosure, and transfer of your personal information and other information, the Privacy Policy located at www.9squad.com, as amended from time to time, takes precedence over any other statement in this Agreement.
TERMINATION
This Agreement is effective until terminated by you or by the Licensor. This Agreement automatically terminates when Licensor ceases to operate the Software servers (for games exclusively operated online), if Licensor determines or believes your use of the Software involves or may involve fraud or money laundering or any other illicit activity, or upon your failure to comply with terms and conditions of this Agreement, including, but not limited to, the License Conditions above. You may terminate this Agreement at any time by (i) requesting Licensor to terminate and delete your User Account that is used to access or use the Software using the method set forth in the Terms of Service or (ii) destroying and/or deleting any and all copies of all Software in your possession, custody, or control. Deleting the Software from your Game Platform will not delete the information associated with your User Account, including any VC and VG associated with your User Account. If you reinstall the Software using the same User Account, then you may still have access to your prior User Account information, including any VC and VG associated with your User Account. However except as otherwise prohibited by applicable law, if your User Account is deleted upon termination of this Agreement for any reason, all VC and/or VG associated with your User Account will also be deleted, and you will no longer be available for use the Software or any VC or VG associated with your User Account. If this Agreement terminates due to your violation of this Agreement, Licensor may prohibit you from re-registering or re-accessing the Software. Upon any termination of this Agreement, you must destroy or return the physical copy of Software to Licensor, as well as permanently destroy all copies of the Software, accompanying documentation, associated materials, and all of its component parts in your possession or control, including from any client server, computer, gaming unit, or mobile device on which it has been installed. Upon termination of this Agreement, your rights to use the Software, including any VC or VG associated with your User Account, will terminate immediately, and you must cease all use of the Software. The termination of this Agreement will not affect our rights or your obligations arising under this Agreement.
WARRANTY
There is no warranty on the games provided by 9SQUAD.
YOUR RESPONSIBILITY TO LICENSOR
To the fullest extent of applicable law, you agree to be responsible and liable to Licensor, its partners, licensors, affiliates, contractors, officers, directors, employees, and agents in respect of all damages, losses, and expenses arising directly or indirectly from your acts and omissions to act in using the Software pursuant to the terms of the Agreement.
TO THE FULLEST EXTENT OF APPLICABLE LAW, LICENSOR SHALL NOT BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, USE, OR MALFUNCTION OF THE SOFTWARE, INCLUDING, BUT NOT LIMITED TO, DAMAGES TO PROPERTY, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION, AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, PROPERTY DAMAGE, OR LOST PROFITS OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SOFTWARE, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY, OR OTHERWISE, WHETHER OR NOT LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT OF APPLICABLE LAW, LICENSOR'S LIABILITY FOR ALL DAMAGES SHALL NOT (EXCEPT AS REQUIRED BY APPLICABLE LAW) EXCEED THE ACTUAL PRICE PAID BY YOU FOR USE OF THE SOFTWARE.
IF YOU ARE A RESIDENT OF AN EU MEMBER STATE, NOTWITHSTANDING ANYTHING TO THE CONTRARY SET OUT ABOVE, LICENSOR IS RESPONSIBLE FOR LOSS OR DAMAGE YOU SUFFER THAT IS A REASONABLY FORESEEABLE RESULT OF LICENSOR'S BREACH OF THIS AGREEMENT OR ITS NEGLIGENCE, BUT IT IS NOT RESPONSIBLE FOR LOSS OR DAMAGE THAT IS NOT FORESEEABLE.
WE DO NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM OUR NETWORK AND OTHER PORTIONS OF THE INTERNET, WIRELESS NETWORKS, OR OTHER THIRD-PARTY NETWORKS. SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF THE INTERNET AND WIRELESS SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES MAY IMPAIR OR DISRUPT YOUR CONNECTIONS TO THE INTERNET, WIRELESS SERVICES, OR PORTIONS THEREOF. WE CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. TO THE FULLEST EXTENT OF APPLICABLE LAW, WE DISCLAIM ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO THIRD-PARTY ACTIONS OR INACTIONS THAT IMPAIR OR DISRUPT YOUR CONNECTIONS TO THE INTERNET, WIRELESS SERVICES, OR PORTIONS THEREOF OR THE USE OF THE SOFTWARE AND RELATED SERVICES AND PRODUCTS.
Section 5: Responsibility
You are fully and solely responsible for your activities when using the Site and Software. You shall not use the Site or Software in any way that is unlawful or that harms us or any other party in anyway.
Section 6: Uninstallation
The Software may be uninstalled based on your platform. Steam from your Steam application, on IOS and Android the normal way to uninstall an application.
If you encounter difficulties removing the Software, please contact us at ADMIN@9SQUAD.COM.
Section 7: Automatic Updates
Our Site and Software can be updated periodically. 9SQUAD in its sole discretion may or may not update the Software on your computer, but has no obligation to provide you with any updates. We reserve the right to add, change or to discontinue any part of our Software in any way, solely in our discretion. Due to the rapidly evolving nature of the Internet and continuous improvements to our Site and Software, 9SQUAD reserves the right to make changes to this EULA. Please check this page periodically for changes. Any such modification constitutes a successor EULA, and therefore, continued us of the Site and Software indicates your acceptance of such modified EULA. If you do not accept any such successor EULAs you must uninstall the Software from your computer and cease and your use of the Site. Failure to uninstall the Software or your continued use of the Site constitutes acceptance of the modified EULA.
Section 8: Termination
You may terminate this EULA at any time by uninstalling the Software and ceasing your use of the Site. This EULA is terminated automatically if you do not comply with all of the terms and conditions of the EULA. CUBECOIS also may terminate this EULA at any time for any reason, without notice to you and in its sole discretion. In the event that EULA is terminated for any reason, your rights to use the Site and Software will immediately cease and you must uninstall the Software and cease your use of the Site.
Section 9: Disclaimer
TO THE MAIXUM EXTENT PERMITTED BY LAW, CUBECOIS EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, TITLE COMPLETENESS, ACCURACY AND NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE. THE SITE AND SOFTWARE ARE PROVIDED “AS IS’ AND “AS AVAILABLE’. THERE ARE NO WARRANTIES THAT YOUR ACCESS TO OR USE OF THE SITE AND SOFTWARE OR ANY PART THEREFORE WILL BE ERROR FREE, UNINTERRUPTED OR COMPLETELY SECURE. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. ACCORDINGLY, YOUR USE OF THE SITE AND SOFTWARE IS SOLELY AT YOUR OWN RISK, INCLUDING WITHOUT LIMIT ALL RISKS ASSOCIATED WITH THE STIE AND SOFTWARE NOT FUNCTIONING AS INTENDED OR FAILURE OF THE SITE AND SOFTWARE RESULTING FROM ACCIDENT, ABUSE, MISAPPLICATION OR A VIRUS.
Section 10: Additional Terms
Your not allowed to make any changes or ask others to make changes to the Site and Software, including reverse engineering or decompiling the Site and Software, or modifying it an any way or disassembling the Site and Software. Any modification to the Site and Software shall remain the exclusive property of 9SQUAD. 9SQUAD may in its sole discretion and for any reason discontinue your right to access and use of the Site and Software. Without prejudice to any other rights, we reserve the right immediately to terminate this EULA in the event you violate any terms of this EULA, and to investigate and cooperate with our appropriate legal authorities regarding any illegal or unauthorized actives involving your use of the Site and Software or this EULA. You must be at least 18 years of age in order to enter into this EULA for the licensing of the Site and Software. As a condition of your using our Site and Software, you represent that you are at least 18 years old. 9SQUAD has no control over third party sites which you may have access, including those sites which are linked to our Site and through those sites accessed via Advertisements. Therefore, 9SQUAD is not responsible for the content or function of any other website, and disclaims any liability for any aspects of any websites you access via direct access or access through our Site or Software functionality. The applicable terms and privacy policies of those websites shall govern your use of such websites.
Section 11: Limitation of Liability and Exclusive Remedy
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL 9SQUAD GAMES OR ANY OF ITS MEMBERS, OFFICERS, EMPLOYEES, DIRECTORS, CONSULTANTS, AFFILIATES OR SUBSIDIARIES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMES FOR LOSS DUE TO BUSINESS INTERRUPTION, LOSS OF PROFITS, LOSS OF INFORMATION OR ANY OTHER KIND OF PECUNIARY LOSS) ARISING OUT OF OR RELATED TO THE USE OR INABILITY TO USE THE SITE AND SOFTWARE OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF 9SQUAD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, CUBECOIS SHALL HAVE NO LIABILITY FOR ANY DAMAGES CAUSED TO ANY HARDWARE OR BY THE COMBINATION OF OUR SITE AND SOFTWARE WITH ANY OTHER APPLICATION OR SOFTWARE. IN ANY CASE, OUR ENTIRE LIABILITY, THAT THAT OF OUR MEMBERS, OFFICERS, EMPLOYEES, DIRECTORS, CONSULTANTS, AFFILIATES OR SUBSIDIARIES, UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO $20. TO THE EXTENT SOME STATES/PROVINCES AND JURISDICTION DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU IN SUCH STATES.
IN AN OF THE FOREGOING EXCLUSIONS OF LIABILITY IS HELD TO FAIL OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED TO BE VOIDABLE OR UNENFORCEABLE, WHETHER IN WHOLE OR IN PART, FOR ANY REASON, THEN THE MAXIMUM AGGREGATE, CUMULATIVE LIABILITY OF CUBECOIS AND THE OF OUR MEMBERS, OFFICERS, EMPLOYEES, DIRECTORS, CONSULTANTS, AFFILIATES SOFTWARE, WHALL NOT EXCEED YOUR DIRECT DAMAGES, IF ANY, UP TO TWENTY DOLLARS ($20.00). RECOVER OF SUCH DAMES UP TO SUCH ABOUT SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY.
THE LIMITATIONS IN THIS SECTION SHALL BE DEEMED TO APPLY TO ALL CLAIMS, CAUSES OF ACTION AND ALL LEGAL THEORIES, WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM OR RELATE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE OR OTHER TORTS, OR ANY OTHER CLAIM OR CAUSE OF ACTION. HOWEVER STATED, THE EXCLUSION OF CONSEQUENTIAL DAMAGES UDNER THIS SECTION IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IF SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED TO BE VOIDABLE OR UNENFORCEABLE.
Section 13: Time Limit to Bring a Claim
You and 9SQUAD agree that any claim or cause of action arising out of or related to this EULA or the Site and Software must commence within one (1) week after the claim or cause of action accrues. Otherwise, such claim or cause of action is permanently barred.
Section 14: Miscellaneous
This EULA constitutes the entire agreement under which 9SQUAD allows you to use the Site and Software. If there are any clauses or provisions in this EULA which may now or in the future be held to be illegal, unenforceable or invalid, only those specific terms shall be deemed unenforceable and the remainder of the EULA shall remain in full force and effect. In addition to any other limitations which may be set forth herein, 9SQUAD shall not be responsible for events which are out of the control of 9SQUAD and which negatively impact the performance or use of the Site and Software, such as acts by governmental authorities, acts of God or other acts no within the reasonable control of 9SQUAD.