| Language: |
End user licence agreement
Please read this EULA carefully, as it sets out the basis upon which we license the Software for use.
By purchasing the Software, you agree to be bound by this EULA and will comply with the provision of this EULA.
1. Definitions
1.1 In this EULA:
"Charges" means the payment you will make to purchase the Software;
"Effective Date" means the date on which you have purchased the Software;
"EULA" means this end user licence agreement, including any amendments to this end user licence agreement from time to time;
"Intellectual Property Rights" means all intellectual property rights wherever in the world, whether registrable or unregistrable, registered or unregistered, including any application or right of application for such rights (and these "intellectual property rights" include copyright and related rights, database rights, confidential information, trade secrets, know-how, business names, trade names, trade marks, service marks, passing off rights, unfair competition rights, patents, petty patents, utility models, semi-conductor topography rights and rights in designs);
"Licensor" means 6105289 Canada Inc, a corporation established under the laws of the Province of Quebec, having its principal place of business at 1609-1200 St-Jacques St, Montreal QC;
"Licensor Indemnity Event" has the meaning given to it in Clause 13.1;
"Software" means the game titled Maneuver Warfare: Panzergrenadier;
"Software Defect" means a defect, error or bug in the Software having an on the appearance, operation, functionality or performance of the Software, but excluding any defect, error or bug caused by or arising as a result of:
(a) any act or omission of the User or any person authorised by the User to use the Software;
(b) an incompatibility between the Software and any other system, network, application, program, hardware or software not specified as compatible in the Software Specification;
"Source Code" means the Software code in human-readable form or any part of the Software code in human-readable form, including code compiled to create the Software or decompiled from the Software, but excluding interpreted code comprised in the Software;
"Term" means the term of this EULA, commencing in accordance with Clause 3.1 and ending in accordance with Clause 3.2;
"User" means the person to whom the Licensor grants a right to use the Software under this EULA; and
"User Indemnity Event" has the meaning given to it in Clause 13.3.
2. Credit
2.1 This document was created using a template from SEQ Legal (https://seqlegal.com).
3. Term
3.1 This EULA shall come into force upon the Effective Date.
3.2 This EULA shall continue in force indefinitely.
4. Licence
4.1 The Licensor hereby grants to the User from the date of purchase of the Software to the User licence to:
(a) install a single instance of the Software; and
(b) use a single instance of the Software;
subject to the limitations and prohibitions set out and referred to in this Clause 4.
4.2 The User may not sub-license and must not purport to sub-license any rights granted under Clause 4.1.
4.3 Save to the extent expressly permitted by this EULA or required by applicable law on a non-excludable basis, any licence granted under this Clause 4 shall be subject to the following prohibitions:
(a) the User must not sell, rent, lease, loan, supply, publish, offer on a pay-per-play basis, distribute or redistribute the Software;
(b) the User must not prepare or develop derivative works based upon the Software, remove or alter any notices or other markings or legends such as trademark or copyright notices affixed on or within the Software; and
(c) the User must not decompile, de-obfuscate or reverse engineer, or attempt to decompile, de-obfuscate or reverse engineer, the Software.
4.4 The User shall be responsible for the security of copies of the Software supplied to the User under this EULA (or created from such copies) and shall use all reasonable endeavours (including all reasonable security measures) to ensure that access to such copies is restricted to persons authorized to use them under this EULA.
5. Source Code
5.1 Nothing in this EULA shall give to the User or any other person any right to access or use the Source Code or constitute any license of the Source Code.
6. No assignment of Intellectual Property Rights
6.1 Nothing in this EULA shall operate to assign or transfer any Intellectual Property Rights from the Licensor to the User.
7. Charges
7.1 The User shall pay the Charges to the Licensor in accordance with this EULA.
7.2 All amounts stated in or in relation to this EULA are, unless the context requires otherwise, stated exclusive of any applicable value added taxes, which will be added to those amounts and payable by the User to the Licensor.
8. Payments
8.1 The User must pay the Charges to the Licensor in advance.
8.2 The User must pay the Charges by debit card, credit card, using such payment details as are notified by the Licensor to the User.
9. Warranties
9.1 The Licensor warrants to the User that it has the legal right and authority to enter into this EULA and to perform its obligations under this EULA.
9.2 The Licensor warrants to the User that:
(a) the Software will be supplied free from Software Defects; and
(b) the Software will be supplied free from viruses, worms, Trojan horses, ransomware, spyware, adware and other malicious software programs.
9.3 The Licensor warrants to the User that the Software will not breach any laws, statutes or regulations applicable under the law of the Province of Quebec.
9.4 The Licensor warrants to the User that the Software, when used by the User in accordance with this EULA, will not infringe the Intellectual Property Rights of any person in the Province of Quebec and under the law of the Province of Quebec.
9.5 If the Licensor reasonably determines, or any third party alleges, that the use of the Software by the User in accordance with this EULA infringes any person's Intellectual Property Rights, the Licensor may, acting reasonably at its own cost and expense:
(a) modify the Software in such a way that it no longer infringes the relevant Intellectual Property Rights, providing that any such modification must not introduce any Software Defects into the Software; or
(b) procure for the User the right to use the Software in accordance with this EULA.
9.6 The User warrants to the Licensor that it has the legal right and authority to enter into this EULA and to perform its obligations under this EULA.
9.7 All of the parties' warranties and representations in respect of the subject matter of this EULA are expressly set out in this EULA. To the maximum extent permitted by applicable law, no other warranties or representations concerning the subject matter of this EULA will be implied into this EULA or any related contract.
10. Acknowledgements and warranty limitations
10.1 The User acknowledges that complex software is never wholly free from defects, errors and bugs; and subject to the other provisions of this EULA, the Licensor gives no warranty or representation that the Software will be wholly free from defects, errors and bugs.
10.2 The User acknowledges that complex software is never entirely free from security vulnerabilities; and subject to the other provisions of this EULA, the Licensor gives no warranty or representation that the Software will be entirely secure.
11. Indemnities
11.1 The User shall indemnify and shall keep indemnified the Licensor against any and all liabilities, damages, losses, costs and expenses (including legal expenses and amounts reasonably paid in settlement of legal claims) suffered or incurred by the Licensor and arising directly or indirectly as a result of any breach by the User of this EULA.
11.5 The indemnity protection set out in this Clause 13 shall be subject to the limitations and exclusions of liability set out in this EULA.
12. Limitations and exclusions of liability
12.1 Nothing in this EULA will:
(a) limit or exclude any liability for fraud or fraudulent misrepresentation;
(b) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law, and if a party is a consumer, that party's statutory rights will not be excluded or limited by this EULA, except to the extent permitted by law.
12.2 The Licensor will not be liable to the User in respect of any loss or corruption of any data, database or software.
13. General
13.1 No breach of any provision of this EULA shall be waived except with the express written consent of the Licensor.
13.2 If any provision of this EULA is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions of this EULA will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect unless that would contradict the clear intention of the parties, in which case the entirety of the relevant provision will be deemed to be deleted.
13.3 This EULA may not be varied except by a written document signed by or on behalf of the Licensor.
13.4 The User hereby agrees that the Licensor may assign the Licensor's contractual rights and obligations under this EULA to any any third party. Save to the extent expressly permitted by applicable law, the User must not transfer or otherwise deal with any of the User's contractual rights or obligations under this EULA.
13.5 This EULA is made for the benefit of the parties, and is not intended to benefit any third party or be enforceable by any third party. The rights of the parties to terminate, rescind, or agree any amendment, waiver, variation or settlement under or relating to this EULA are not subject to the consent of any third party.
13.6 Subject to Clause 14.1, this EULA shall constitute the entire agreement between the parties in relation to the subject matter of this EULA, and shall supersede all previous agreements, arrangements and understandings between the parties in respect of that subject matter.
13.7 This EULA shall be governed by and construed in accordance with the laws of the Province of Quebec.
13.8 The courts of the Province of Quebec shall have exclusive jurisdiction to adjudicate any dispute arising under or in connection with this EULA.
Please read this EULA carefully, as it sets out the basis upon which we license the Software for use.
By purchasing the Software, you agree to be bound by this EULA and will comply with the provision of this EULA.
1. Definitions
1.1 In this EULA:
"Charges" means the payment you will make to purchase the Software;
"Effective Date" means the date on which you have purchased the Software;
"EULA" means this end user licence agreement, including any amendments to this end user licence agreement from time to time;
"Intellectual Property Rights" means all intellectual property rights wherever in the world, whether registrable or unregistrable, registered or unregistered, including any application or right of application for such rights (and these "intellectual property rights" include copyright and related rights, database rights, confidential information, trade secrets, know-how, business names, trade names, trade marks, service marks, passing off rights, unfair competition rights, patents, petty patents, utility models, semi-conductor topography rights and rights in designs);
"Licensor" means 6105289 Canada Inc, a corporation established under the laws of the Province of Quebec, having its principal place of business at 1609-1200 St-Jacques St, Montreal QC;
"Licensor Indemnity Event" has the meaning given to it in Clause 13.1;
"Software" means the game titled Maneuver Warfare: Panzergrenadier;
"Software Defect" means a defect, error or bug in the Software having an on the appearance, operation, functionality or performance of the Software, but excluding any defect, error or bug caused by or arising as a result of:
(a) any act or omission of the User or any person authorised by the User to use the Software;
(b) an incompatibility between the Software and any other system, network, application, program, hardware or software not specified as compatible in the Software Specification;
"Source Code" means the Software code in human-readable form or any part of the Software code in human-readable form, including code compiled to create the Software or decompiled from the Software, but excluding interpreted code comprised in the Software;
"Term" means the term of this EULA, commencing in accordance with Clause 3.1 and ending in accordance with Clause 3.2;
"User" means the person to whom the Licensor grants a right to use the Software under this EULA; and
"User Indemnity Event" has the meaning given to it in Clause 13.3.
2. Credit
2.1 This document was created using a template from SEQ Legal (https://seqlegal.com).
3. Term
3.1 This EULA shall come into force upon the Effective Date.
3.2 This EULA shall continue in force indefinitely.
4. Licence
4.1 The Licensor hereby grants to the User from the date of purchase of the Software to the User licence to:
(a) install a single instance of the Software; and
(b) use a single instance of the Software;
subject to the limitations and prohibitions set out and referred to in this Clause 4.
4.2 The User may not sub-license and must not purport to sub-license any rights granted under Clause 4.1.
4.3 Save to the extent expressly permitted by this EULA or required by applicable law on a non-excludable basis, any licence granted under this Clause 4 shall be subject to the following prohibitions:
(a) the User must not sell, rent, lease, loan, supply, publish, offer on a pay-per-play basis, distribute or redistribute the Software;
(b) the User must not prepare or develop derivative works based upon the Software, remove or alter any notices or other markings or legends such as trademark or copyright notices affixed on or within the Software; and
(c) the User must not decompile, de-obfuscate or reverse engineer, or attempt to decompile, de-obfuscate or reverse engineer, the Software.
4.4 The User shall be responsible for the security of copies of the Software supplied to the User under this EULA (or created from such copies) and shall use all reasonable endeavours (including all reasonable security measures) to ensure that access to such copies is restricted to persons authorized to use them under this EULA.
5. Source Code
5.1 Nothing in this EULA shall give to the User or any other person any right to access or use the Source Code or constitute any license of the Source Code.
6. No assignment of Intellectual Property Rights
6.1 Nothing in this EULA shall operate to assign or transfer any Intellectual Property Rights from the Licensor to the User.
7. Charges
7.1 The User shall pay the Charges to the Licensor in accordance with this EULA.
7.2 All amounts stated in or in relation to this EULA are, unless the context requires otherwise, stated exclusive of any applicable value added taxes, which will be added to those amounts and payable by the User to the Licensor.
8. Payments
8.1 The User must pay the Charges to the Licensor in advance.
8.2 The User must pay the Charges by debit card, credit card, using such payment details as are notified by the Licensor to the User.
9. Warranties
9.1 The Licensor warrants to the User that it has the legal right and authority to enter into this EULA and to perform its obligations under this EULA.
9.2 The Licensor warrants to the User that:
(a) the Software will be supplied free from Software Defects; and
(b) the Software will be supplied free from viruses, worms, Trojan horses, ransomware, spyware, adware and other malicious software programs.
9.3 The Licensor warrants to the User that the Software will not breach any laws, statutes or regulations applicable under the law of the Province of Quebec.
9.4 The Licensor warrants to the User that the Software, when used by the User in accordance with this EULA, will not infringe the Intellectual Property Rights of any person in the Province of Quebec and under the law of the Province of Quebec.
9.5 If the Licensor reasonably determines, or any third party alleges, that the use of the Software by the User in accordance with this EULA infringes any person's Intellectual Property Rights, the Licensor may, acting reasonably at its own cost and expense:
(a) modify the Software in such a way that it no longer infringes the relevant Intellectual Property Rights, providing that any such modification must not introduce any Software Defects into the Software; or
(b) procure for the User the right to use the Software in accordance with this EULA.
9.6 The User warrants to the Licensor that it has the legal right and authority to enter into this EULA and to perform its obligations under this EULA.
9.7 All of the parties' warranties and representations in respect of the subject matter of this EULA are expressly set out in this EULA. To the maximum extent permitted by applicable law, no other warranties or representations concerning the subject matter of this EULA will be implied into this EULA or any related contract.
10. Acknowledgements and warranty limitations
10.1 The User acknowledges that complex software is never wholly free from defects, errors and bugs; and subject to the other provisions of this EULA, the Licensor gives no warranty or representation that the Software will be wholly free from defects, errors and bugs.
10.2 The User acknowledges that complex software is never entirely free from security vulnerabilities; and subject to the other provisions of this EULA, the Licensor gives no warranty or representation that the Software will be entirely secure.
11. Indemnities
11.1 The User shall indemnify and shall keep indemnified the Licensor against any and all liabilities, damages, losses, costs and expenses (including legal expenses and amounts reasonably paid in settlement of legal claims) suffered or incurred by the Licensor and arising directly or indirectly as a result of any breach by the User of this EULA.
11.5 The indemnity protection set out in this Clause 13 shall be subject to the limitations and exclusions of liability set out in this EULA.
12. Limitations and exclusions of liability
12.1 Nothing in this EULA will:
(a) limit or exclude any liability for fraud or fraudulent misrepresentation;
(b) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law, and if a party is a consumer, that party's statutory rights will not be excluded or limited by this EULA, except to the extent permitted by law.
12.2 The Licensor will not be liable to the User in respect of any loss or corruption of any data, database or software.
13. General
13.1 No breach of any provision of this EULA shall be waived except with the express written consent of the Licensor.
13.2 If any provision of this EULA is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions of this EULA will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect unless that would contradict the clear intention of the parties, in which case the entirety of the relevant provision will be deemed to be deleted.
13.3 This EULA may not be varied except by a written document signed by or on behalf of the Licensor.
13.4 The User hereby agrees that the Licensor may assign the Licensor's contractual rights and obligations under this EULA to any any third party. Save to the extent expressly permitted by applicable law, the User must not transfer or otherwise deal with any of the User's contractual rights or obligations under this EULA.
13.5 This EULA is made for the benefit of the parties, and is not intended to benefit any third party or be enforceable by any third party. The rights of the parties to terminate, rescind, or agree any amendment, waiver, variation or settlement under or relating to this EULA are not subject to the consent of any third party.
13.6 Subject to Clause 14.1, this EULA shall constitute the entire agreement between the parties in relation to the subject matter of this EULA, and shall supersede all previous agreements, arrangements and understandings between the parties in respect of that subject matter.
13.7 This EULA shall be governed by and construed in accordance with the laws of the Province of Quebec.
13.8 The courts of the Province of Quebec shall have exclusive jurisdiction to adjudicate any dispute arising under or in connection with this EULA.