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End-User License Agreement ("Agreement")
Last updated: 12 March 2021
Please read this End-User License Agreement carefully before clicking the "I Agree" button, downloading or using AST-Hero.
Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of this End-User License Agreement:
• Agreement means this End-User License Agreement that forms the entire agreement between You and the Company regarding the use of the Application.
• Application means the software program provided by the Company downloaded by You to a Device, named AST-Hero
• Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Twisted BrainZ sàrl, 3, Chemin de la Troupe, 1253 Vandoeuvres, Switzerland.
• Content refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
• Country refers to: Switzerland
• Device means any device that can access the Application such as a computer, a cellphone or a digital tablet.
• Third-Party Services means any services or content (including data, information, applications and other products services) provided by a third-party that may be displayed, included or made available by the Application.
• You means the individual accessing or using the Application or the company, or other legal entity on behalf of which such individual is accessing or using the Application, as applicable.
Acknowledgment
By clicking the "I Agree" button, downloading or using the Application, You are agreeing to be bound by the terms and conditions of this Agreement. If You do not agree to the terms of this Agreement, do not click on the "I Agree" button, do not download or do not use the Application.
This Agreement is a legal document between You and the Company and it governs your use of the Application made available to You by the Company.
The Application is licensed, not sold, to You by the Company for use strictly in accordance with the terms of this Agreement.
License
Scope of License
The Company grants You a revocable, non-exclusive, non-transferable, limited license to download, install and use the Application strictly in accordance with the terms of this Agreement.
The license that is granted to You by the Company is solely for your personal, non-commercial purposes strictly in accordance with the terms of this Agreement.
License Limitations
The Company may suspend or revoke your license to use the Application, or parts, components and/or single features thereof, if you violate, or assist others in violating, the license limitations set forth below. You agree that you will not, in whole or in part or under any circumstances, do the following:
• Derivative Works: Copy or reproduce, translate, reverse engineer, derive source code from, modify, disassemble, decompile, or create derivative works based on or related to the Application.
• Cheating: Create, use, offer, promote, advertise, make available and/or distribute the following or assist therein:
o Cheats: i.e. methods not expressly authorized by the Company, influencing and/or facilitating the gameplay, including exploits of any in-game bugs, and thereby granting you and/or any other user an advantage over other players not using such methods;
o Bots: i.e. any code and/or software, not expressly authorized by the Company, that allows the automated control of a Game, or any other feature of the Application, e.g. the automated control of a character in a Game;
o Hacks: i.e. accessing or modifying the software of the Application in any manner not expressly authorized by the Company; and/or
o any code and/or software, not expressly authorized by the Company, that can be used in connection with the Application and/or any component or feature thereof which changes and/or facilitates the gameplay or other functionality.
• Prohibited Commercial Uses: Exploit, in its entirety or individual components, the Application for any purpose not expressly authorized by the Company, including, without limitation (i) playing the Game(s) at commercial establishments; (ii) gathering in-game currency, items, or resources for sale outside of the Application or the Game(s); (iii) performing in-game services including, without limitation, account boosting or power-leveling, in exchange for payment; (iv) communicating or facilitating (by text, live audio communications, or otherwise) any commercial advertisement, solicitation or offer through or within the Application; or (v) organizing, promoting, facilitating, or participating in any event involving wagering on the outcome, or any other aspect of, The Company’s Games, whether or not such conduct constitutes gambling under the laws of any applicable jurisdiction, without authorization.
• “esports”: Use the Application for any esports or group competition sponsored, promoted or facilitated by any commercial or non-profit entity without obtaining additional authorization from The Company or obtaining The Company’s prior written consent. For more information on obtaining appropriate authorization, please visit The Company’s website or contact us directly.
• Disruption / Harassment: Engage in any conduct intended to disrupt or diminish the game experience for other players, or disrupt operation of The Company’s Application in any way, including:
o Disrupting or assisting in the disruption of any computer used to support the Application or any Game environment.
o Harassment, “griefing,” abusive behavior or chat, conduct intended to unreasonably undermine or disrupt the Game experiences of others, deliberate inactivity or disconnecting, and/or any other activity which violates The Company’s Code of Conduct or In-Game Policies.
Game-Specific Features
Advertising: The Application may incorporate third-party technology that enables advertising, which may be downloaded temporarily to your personal computer and replaced during online game play. As part of this process, the Company and/or its authorized third party advertisers may collect standard information that is sent when your personal computer connects to the Internet including your Internet protocol (IP) address.
User Created or Uploaded Content. The Company may provide you an opportunity to upload and display content, such as on the Company’s forums, website, Steam Page, and/or as part of a Game, including the compilation, arrangement or display of such content (collectively, the “User Content”).
User Content specifically does not include a Custom Game. You hereby grant the Company a perpetual, irrevocable, worldwide, fully paid up, non-exclusive, sub-licensable, right and license to exploit the User Content and all elements thereof, in any and all media, formats and forms, known now or hereafter devised.
The Company shall have the unlimited right to copy, reproduce, fix, modify, adapt, translate, reformat, prepare derivatives, add to and delete from, rearrange and transpose, manufacture, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, provide access to, broadcast, and practice the User Content as well as all modified and derivative works thereof and any and all elements contained therein, and use or incorporate a portion or portions of the User Content or the elements thereof in conjunction with or into any other material.
In the event you upload or otherwise transmit to the Company any concepts, ideas, or feedback relating to the Application, you shall not be entitled to any compensation for any such submission, unless expressly agreed between you and the Company, and the Company may freely use any such submission in any manner it deems appropriate. Any such submission by you shall not create any contractual relationship between you and the Company. Except to the extent that any such waiver is prohibited by law, you hereby waive the benefit of any provision of law known as "moral rights" or "droit moral" or any similar law in any country of the world. You represent and warrant that the User Content does not infringe upon the copyright, trademark, patent, trade secret or other intellectual property rights of any third party. You further represent and warrant that you will not use or contribute User Content that is unlawful, tortious, defamatory, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist or otherwise objectionable or inappropriate. The Company may remove any User Content and any related content or elements from the Application or any other place such as on the Company’s forums, website, Steam Page, at its sole discretion.
Beta Testing Pre-Release Versions of the Application
Certain pre-release versions of the Application may be made available to you for testing (“Beta Test”). Your participation in a Beta Test will be governed by the following:
o Eligibility. In order to participate in a Beta Test, you must meet the following requirements:
o The Company must designate you to participate in a Beta Test (a “Beta Tester”).
Confidentiality. If the Company announces that a Beta Test is confidential, the Beta Test invitation you will receive will include a notice that states that the Beta Test is confidential. During a confidential Beta Test, the existence of the Beta Test and all elements thereof is to be kept confidential, and you agree to keep everything related to the Beta Test secret from everyone who is not participating in the Beta Test until the Company informs you that the Beta Test is no longer confidential. For purposes of example and not limitation, you agree that you will not disclose the following during a confidential Beta Test:
o Information about the Beta Test, such as your role as a Beta Tester, the length of the Beta Test, the number of Beta Testers, how you became a Beta Tester, etc.
o Information related to the Application that you are Beta Testing, such as the Application’s look and feel, any game elements, such as races, classes, combat, magic, communication, grouping, questing, monetary systems, non-player character interaction, items, armor, weapons, stability of the Game, etc.
Feedback. During and after the Beta Test, you may be provided with an opportunity to give the Company your comments, suggestions and impressions of the Application by using tools to supply feedback and bug reports, internal websites and forums, and other methods. The Game may also include a tool that will allow your computer system to forward system and driver information to the Company in the event of a crash. This tool will collect data from your computer system related to the crash, and allow you to forward a report to the Company.
Acknowledgments. You acknowledge that:
o the Application being Beta Tested is a work in progress and may contain bugs which may cause loss of data and/or damage to your computer system;
o you have, or will, back-up your hard drive prior to installation of the Beta;
o you have the resources necessary to easily reinstall the Beta Test System’s operating system and restore any and all data that may be lost;
o The Company is not liable in any way for the loss of data or damage to the Beta Test System, interruptions of service, software or hardware failures, or loss of data or disruption of service;
o The Company may monitor and record any and all communications, electronic or otherwise, pertaining to the Beta including, without limitation, packets, in-game chat, forum postings, etc.;
o The Company may delete or modify the information stored by the Application or the Application being Beta Tested for any reason at any time during the duration of the Beta Test;
o The Company may transfer software program files to the Beta Test System, including a program that will collect and send the Company CPU, RAM, operating system, video card, and sound card information from the Beta Test System; and
o You may not sell, transfer or commercially exploit access to a Beta, including the distribution of Beta keys without The Company’s express authorization.
Termination. The Company can terminate a Beta Test at any time. When the Company terminates a Beta Test, you must delete the pre-release version of the Application that was the subject of the Beta Test and all documents and materials you received from the Company in connection with the Beta Test, and you may be asked by the Company to remove any elements of the Beta from any hard drives on which the pre-release version of the Application that was the subject of the Beta Test has been installed. You agree and acknowledge that The Company’s termination of the Beta Test shall not be grounds for any refunds of any kind.
Third-Party Services
The Application may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services.
You acknowledge and agree that the Company shall not be responsible for any Third-party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. The Company does not assume and shall not have any liability or responsibility to You or any other person or entity for any Third-party Services.
You must comply with applicable Third parties' Terms of agreement when using the Application. Third-party Services and links thereto are provided solely as a convenience to You and You access and use them entirely at your own risk and subject to such third parties' Terms and conditions.
Term and Termination
This Agreement shall remain in effect until terminated by You or the Company. The Company may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.
This Agreement will terminate immediately, without prior notice from the Company, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies thereof from your Device or from your computer.
Upon termination of this Agreement, You shall cease all use of the Application and delete all copies of the Application from your Device.
Termination of this Agreement will not limit any of the Company's rights or remedies at law or in equity in case of breach by You (during the term of this Agreement) of any of your obligations under the present Agreement.
Indemnification
You agree to indemnify and hold the Company and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of your: (a) use of the Application; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.
No Warranties
The Application is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Application, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Application will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Application, or the information, content, and materials or products included thereon; (ii) that the Application will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Application; or (iv) that the Application, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You for the Application or through the Application.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Application, third-party software and/or third-party hardware used with the Application, or otherwise in connection with any provision of this Agreement), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Severability and Waiver
Severability
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
Product Claims
The Company does not make any warranties concerning the Application.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Changes to this Agreement
The Company reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at the sole discretion of the Company.
By continuing to access or use the Application after any revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, You are no longer authorized to use the Application.
Governing Law
This Agreement shall be governed exclusively by Swiss law. The place of jurisdiction shall be exclusively Geneva, Switzerland.
Entire Agreement
The Agreement constitutes the entire agreement between You and the Company regarding your use of the Application and supersedes all prior and contemporaneous written or oral agreements between You and the Company.
You may be subject to additional terms and conditions that apply when You use or purchase other Company's services, which the Company will provide to You at the time of such use or purchase.
Contact Us
If you have any questions about this Agreement, You can contact Us:
• By mail: 3, Chemin de la Troupe, 1253 Vandoeuvres, Switzerland
Last updated: 12 March 2021
Please read this End-User License Agreement carefully before clicking the "I Agree" button, downloading or using AST-Hero.
Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of this End-User License Agreement:
• Agreement means this End-User License Agreement that forms the entire agreement between You and the Company regarding the use of the Application.
• Application means the software program provided by the Company downloaded by You to a Device, named AST-Hero
• Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Twisted BrainZ sàrl, 3, Chemin de la Troupe, 1253 Vandoeuvres, Switzerland.
• Content refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
• Country refers to: Switzerland
• Device means any device that can access the Application such as a computer, a cellphone or a digital tablet.
• Third-Party Services means any services or content (including data, information, applications and other products services) provided by a third-party that may be displayed, included or made available by the Application.
• You means the individual accessing or using the Application or the company, or other legal entity on behalf of which such individual is accessing or using the Application, as applicable.
Acknowledgment
By clicking the "I Agree" button, downloading or using the Application, You are agreeing to be bound by the terms and conditions of this Agreement. If You do not agree to the terms of this Agreement, do not click on the "I Agree" button, do not download or do not use the Application.
This Agreement is a legal document between You and the Company and it governs your use of the Application made available to You by the Company.
The Application is licensed, not sold, to You by the Company for use strictly in accordance with the terms of this Agreement.
License
Scope of License
The Company grants You a revocable, non-exclusive, non-transferable, limited license to download, install and use the Application strictly in accordance with the terms of this Agreement.
The license that is granted to You by the Company is solely for your personal, non-commercial purposes strictly in accordance with the terms of this Agreement.
License Limitations
The Company may suspend or revoke your license to use the Application, or parts, components and/or single features thereof, if you violate, or assist others in violating, the license limitations set forth below. You agree that you will not, in whole or in part or under any circumstances, do the following:
• Derivative Works: Copy or reproduce, translate, reverse engineer, derive source code from, modify, disassemble, decompile, or create derivative works based on or related to the Application.
• Cheating: Create, use, offer, promote, advertise, make available and/or distribute the following or assist therein:
o Cheats: i.e. methods not expressly authorized by the Company, influencing and/or facilitating the gameplay, including exploits of any in-game bugs, and thereby granting you and/or any other user an advantage over other players not using such methods;
o Bots: i.e. any code and/or software, not expressly authorized by the Company, that allows the automated control of a Game, or any other feature of the Application, e.g. the automated control of a character in a Game;
o Hacks: i.e. accessing or modifying the software of the Application in any manner not expressly authorized by the Company; and/or
o any code and/or software, not expressly authorized by the Company, that can be used in connection with the Application and/or any component or feature thereof which changes and/or facilitates the gameplay or other functionality.
• Prohibited Commercial Uses: Exploit, in its entirety or individual components, the Application for any purpose not expressly authorized by the Company, including, without limitation (i) playing the Game(s) at commercial establishments; (ii) gathering in-game currency, items, or resources for sale outside of the Application or the Game(s); (iii) performing in-game services including, without limitation, account boosting or power-leveling, in exchange for payment; (iv) communicating or facilitating (by text, live audio communications, or otherwise) any commercial advertisement, solicitation or offer through or within the Application; or (v) organizing, promoting, facilitating, or participating in any event involving wagering on the outcome, or any other aspect of, The Company’s Games, whether or not such conduct constitutes gambling under the laws of any applicable jurisdiction, without authorization.
• “esports”: Use the Application for any esports or group competition sponsored, promoted or facilitated by any commercial or non-profit entity without obtaining additional authorization from The Company or obtaining The Company’s prior written consent. For more information on obtaining appropriate authorization, please visit The Company’s website or contact us directly.
• Disruption / Harassment: Engage in any conduct intended to disrupt or diminish the game experience for other players, or disrupt operation of The Company’s Application in any way, including:
o Disrupting or assisting in the disruption of any computer used to support the Application or any Game environment.
o Harassment, “griefing,” abusive behavior or chat, conduct intended to unreasonably undermine or disrupt the Game experiences of others, deliberate inactivity or disconnecting, and/or any other activity which violates The Company’s Code of Conduct or In-Game Policies.
Game-Specific Features
Advertising: The Application may incorporate third-party technology that enables advertising, which may be downloaded temporarily to your personal computer and replaced during online game play. As part of this process, the Company and/or its authorized third party advertisers may collect standard information that is sent when your personal computer connects to the Internet including your Internet protocol (IP) address.
User Created or Uploaded Content. The Company may provide you an opportunity to upload and display content, such as on the Company’s forums, website, Steam Page, and/or as part of a Game, including the compilation, arrangement or display of such content (collectively, the “User Content”).
User Content specifically does not include a Custom Game. You hereby grant the Company a perpetual, irrevocable, worldwide, fully paid up, non-exclusive, sub-licensable, right and license to exploit the User Content and all elements thereof, in any and all media, formats and forms, known now or hereafter devised.
The Company shall have the unlimited right to copy, reproduce, fix, modify, adapt, translate, reformat, prepare derivatives, add to and delete from, rearrange and transpose, manufacture, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, provide access to, broadcast, and practice the User Content as well as all modified and derivative works thereof and any and all elements contained therein, and use or incorporate a portion or portions of the User Content or the elements thereof in conjunction with or into any other material.
In the event you upload or otherwise transmit to the Company any concepts, ideas, or feedback relating to the Application, you shall not be entitled to any compensation for any such submission, unless expressly agreed between you and the Company, and the Company may freely use any such submission in any manner it deems appropriate. Any such submission by you shall not create any contractual relationship between you and the Company. Except to the extent that any such waiver is prohibited by law, you hereby waive the benefit of any provision of law known as "moral rights" or "droit moral" or any similar law in any country of the world. You represent and warrant that the User Content does not infringe upon the copyright, trademark, patent, trade secret or other intellectual property rights of any third party. You further represent and warrant that you will not use or contribute User Content that is unlawful, tortious, defamatory, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist or otherwise objectionable or inappropriate. The Company may remove any User Content and any related content or elements from the Application or any other place such as on the Company’s forums, website, Steam Page, at its sole discretion.
Beta Testing Pre-Release Versions of the Application
Certain pre-release versions of the Application may be made available to you for testing (“Beta Test”). Your participation in a Beta Test will be governed by the following:
o Eligibility. In order to participate in a Beta Test, you must meet the following requirements:
o The Company must designate you to participate in a Beta Test (a “Beta Tester”).
Confidentiality. If the Company announces that a Beta Test is confidential, the Beta Test invitation you will receive will include a notice that states that the Beta Test is confidential. During a confidential Beta Test, the existence of the Beta Test and all elements thereof is to be kept confidential, and you agree to keep everything related to the Beta Test secret from everyone who is not participating in the Beta Test until the Company informs you that the Beta Test is no longer confidential. For purposes of example and not limitation, you agree that you will not disclose the following during a confidential Beta Test:
o Information about the Beta Test, such as your role as a Beta Tester, the length of the Beta Test, the number of Beta Testers, how you became a Beta Tester, etc.
o Information related to the Application that you are Beta Testing, such as the Application’s look and feel, any game elements, such as races, classes, combat, magic, communication, grouping, questing, monetary systems, non-player character interaction, items, armor, weapons, stability of the Game, etc.
Feedback. During and after the Beta Test, you may be provided with an opportunity to give the Company your comments, suggestions and impressions of the Application by using tools to supply feedback and bug reports, internal websites and forums, and other methods. The Game may also include a tool that will allow your computer system to forward system and driver information to the Company in the event of a crash. This tool will collect data from your computer system related to the crash, and allow you to forward a report to the Company.
Acknowledgments. You acknowledge that:
o the Application being Beta Tested is a work in progress and may contain bugs which may cause loss of data and/or damage to your computer system;
o you have, or will, back-up your hard drive prior to installation of the Beta;
o you have the resources necessary to easily reinstall the Beta Test System’s operating system and restore any and all data that may be lost;
o The Company is not liable in any way for the loss of data or damage to the Beta Test System, interruptions of service, software or hardware failures, or loss of data or disruption of service;
o The Company may monitor and record any and all communications, electronic or otherwise, pertaining to the Beta including, without limitation, packets, in-game chat, forum postings, etc.;
o The Company may delete or modify the information stored by the Application or the Application being Beta Tested for any reason at any time during the duration of the Beta Test;
o The Company may transfer software program files to the Beta Test System, including a program that will collect and send the Company CPU, RAM, operating system, video card, and sound card information from the Beta Test System; and
o You may not sell, transfer or commercially exploit access to a Beta, including the distribution of Beta keys without The Company’s express authorization.
Termination. The Company can terminate a Beta Test at any time. When the Company terminates a Beta Test, you must delete the pre-release version of the Application that was the subject of the Beta Test and all documents and materials you received from the Company in connection with the Beta Test, and you may be asked by the Company to remove any elements of the Beta from any hard drives on which the pre-release version of the Application that was the subject of the Beta Test has been installed. You agree and acknowledge that The Company’s termination of the Beta Test shall not be grounds for any refunds of any kind.
Third-Party Services
The Application may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services.
You acknowledge and agree that the Company shall not be responsible for any Third-party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. The Company does not assume and shall not have any liability or responsibility to You or any other person or entity for any Third-party Services.
You must comply with applicable Third parties' Terms of agreement when using the Application. Third-party Services and links thereto are provided solely as a convenience to You and You access and use them entirely at your own risk and subject to such third parties' Terms and conditions.
Term and Termination
This Agreement shall remain in effect until terminated by You or the Company. The Company may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.
This Agreement will terminate immediately, without prior notice from the Company, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies thereof from your Device or from your computer.
Upon termination of this Agreement, You shall cease all use of the Application and delete all copies of the Application from your Device.
Termination of this Agreement will not limit any of the Company's rights or remedies at law or in equity in case of breach by You (during the term of this Agreement) of any of your obligations under the present Agreement.
Indemnification
You agree to indemnify and hold the Company and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of your: (a) use of the Application; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.
No Warranties
The Application is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Application, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Application will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Application, or the information, content, and materials or products included thereon; (ii) that the Application will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Application; or (iv) that the Application, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You for the Application or through the Application.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Application, third-party software and/or third-party hardware used with the Application, or otherwise in connection with any provision of this Agreement), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Severability and Waiver
Severability
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
Product Claims
The Company does not make any warranties concerning the Application.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Changes to this Agreement
The Company reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at the sole discretion of the Company.
By continuing to access or use the Application after any revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, You are no longer authorized to use the Application.
Governing Law
This Agreement shall be governed exclusively by Swiss law. The place of jurisdiction shall be exclusively Geneva, Switzerland.
Entire Agreement
The Agreement constitutes the entire agreement between You and the Company regarding your use of the Application and supersedes all prior and contemporaneous written or oral agreements between You and the Company.
You may be subject to additional terms and conditions that apply when You use or purchase other Company's services, which the Company will provide to You at the time of such use or purchase.
Contact Us
If you have any questions about this Agreement, You can contact Us:
• By mail: 3, Chemin de la Troupe, 1253 Vandoeuvres, Switzerland