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Effective Date: [August 26, 2021]
Important: Read Carefully
This agreement is the end-user licensing agreement (hereinafter referred to as the “Agreement”) between you ( an individual, company or any other legal entity) and [Bucketplay Inc.] for the use of this [software]. You must have reached the age of majority for the legal jurisdiction that you reside into access and sign this agreement. . If you have not reached the age of majority for the legal, your guardian must agree to sign this Agreement. Please read this Agreement before you use our [software]. Your use of our [software] or download of the update will be deemed as your acceptance of the constraints mentioned in the agreement. Otherwise, please do not use any of our [software] or download any updates
This End User License Agreement, including any supplemental terms (collectively, the “EULA”) is between You and [Bucketplay Inc.] and governs Your use of our [software].
1. Definitions
AFFILIATES shall mean any entity, individual, firm, or corporation, directly or indirectly, through one or more intermediaries, controlling, controlled by, or under common control with Employer.
DERIVATIVE WORKS shall mean any value addition, enhancement, modification, condensation, transformation, expansion, or any change in any form to the [product] in a bid to recast, adapt or transfer the said [product], which, if used without the consent of the licensor. Would constitute an intellectual property right violation.
PARTNERS shall mean distributors and/or resellers authorized by the licensor or its distributors to resell the [product], or a co-branded version of the [product] authorized by the licensor.
2. License to Use the [software]
Subject to the terms of this Agreement, [Bucketplay Inc.] grants to you a nonexclusive, non-transferable, revocable license to use the [software] as permitted by this Agreement solely for your personal and non-commercial use. The [software] cannot be used for any other purpose. You are not permitted to lease, rent, sublicense, publish, copy, modify, adapt, translate, reverse engineer, decompile or disassemble all or a portion of the [software] without our prior written consent or unless otherwise expressly permitted by the applicable law.
3. Limitation of Use
3.1 You may not use our technology or our intellectual property to develop [software] or design, develop, manufacture, sell or license third-party devices/accessories associated with our devices or without our prior consent.
3.2 You may not sell, rent, lease, lend, sublicense or distribute the entirety or part of the [software] to any third party without prior written permission from us. Nonetheless, you may make a one-off permanent transfer of the entire license to the [software] to another party along with the transfer of ownership of your [enter company name] device provided that:
- The transfer must include the transfer of the entire [software]
- You do not retain all or any part of the copies
- The recipient must have read and accepted all the terms and conditions of this Agreement
3.3 Except as otherwise expressly permitted, you shall not, nor allow any other person to copy, reverse engineer, decompile, disassemble or create derivative work of the [software]. [In case of an application, software includes prohibition on export of source code, decoding or modification of the application or software and the services that it provides.]
3.4 Customers/Users may not delete, remove, hide, move, or alter any trademark, logo, icon, image or text that represents the Licensor’s name or any derivation of these. All representation of the Licensor’s name, logo or other mark of Licensor or any of its affiliates names or marks must remain as originally distributed regardless of the presence or absence of a trademark, copyright, or other intellectual property symbol or notice.
4. Copyright and Intellectual Property Rights
All title, ownership rights and intellectual property rights in and to the [software] all text, graphics, music or sounds, all messages or items of information, fictional characters, names, themes, objects, scenery, costumes, effects, dialogues, slogans, places, characters, diagrams, concepts, choreographies, videos, audio-visual effects, domain name and any other elements which are part of the [software] and any all copies thereof are owned by [Bucketplay Inc.]. The [software] is protected by national and international laws, copyright treaties and conventions and other laws. This [software] may contain certain licensed materials and, in that event, we or our licensor’s may protect their rights in case of any violation of this Agreement. Any reproduction or representation of these licensed material in any way and for any reason is prohibited without [Bucketplay Inc.] prior written permission, and if applicable, our licensor’s and representatives. Except as expressly set forth in this EULA, all rights not granted hereunder to You are expressly reserved by [Bucketplay Inc.].
This License confers no title or ownership in the [software] and should not be construed as a sale of any rights in [software].
5. Limited Warranty and Disclaimers
YOU EXPRESSLY ACKNOWLEDGE THAT USE OF THE PRODUCT IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE PRODUCT IS SUPPLIED ON AN ‘AS IS’ AND ‘AS AVAILABLE’ BASIS. [Bucketplay Inc.], ITS LICENSORS, AFFILIATES, CHANNEL PARTNERS AND ASSOCIATED PARTNERS, COPYRIGHT HOLDERS DO NOT MAKE AND HEREBY DISCLAIM ANY GUARANTEES, CONDITIONS, WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED OR STATUTORY OR OTHER TERMS INCLUDING BUT NOT LIMITED TO QUALITY, FITNESS FOR A PURPOSE, ACCURACY, CORRECTNESS, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTIES, RELIABILITY AND SECURITY.
6. Limitation of Liability
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 OR ANY OTHER MALFUNCTION OR FAILURE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, DAMAGES FOR PERSONAL INJURIES , PROPERTY DAMAGE, OR LOST PROFITS FOR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE USE OF [software], WHETHER ARISING IN TORT, 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 LAW) EXCEED THE ACTUAL PRICE PAID BY YOU FOR USE OF THE [software].
7. Termination and Ongoing Effectiveness
7.1 This Agreement and the licenses granted hereunder shall remain in effect until terminated by either party. You may terminate this Agreement at any time
7.2 [Bucketplay Inc.] and its licensors can terminate this Agreement at any time without notice if you fail to comply with any terms or conditions of this agreement. Once this Agreement has been terminated, you Must stop using this [software] and delete all the associated materials.
8. Jurisdiction and Governing Laws
8.1 This Agreement is entered into in the [Republic of Korea] and shall be governed by, and construed in accordance with, the laws of the [Republic of Korea].
9. General Provisions
9.1 Neither party may assign this Agreement or any right or obligation hereunder without the other party’s prior written consent. However, the Licensor may assign this Agreement in the event of a merger or consolidation or purchase of all or substantially all of its assets. This Agreement will be binding upon and inure to the benefit of the permitted successors and assigns of each party.
9.2 Licensor will not be held responsible for any failure, delay or interruption caused by circumstances outside its control, such as network failure, network connection failure, earthquake, flooding, strikes, embargos or acts of government. If such an event giving rise to Force Majeure lasts for more than [30 days], then either party may terminate this Agreement without such termination giving rise to any liability or right to any refund.
9.3 Customer agrees to pay all taxes (including not limited to sales, use, excise and value-added taxes), tariffs, duties, customs fees, or similar charges imposed or levied on the Customer Licenses, with the exception of taxes on Licensor’s net income.
9.4 This Agreement constitutes the entire agreement between the parties and supersedes all written or oral prior agreements or understandings between the parties. The terms of this Agreement may not be modified except by a written agreement signed by both parties.
9.5 If any provision of this Agreement is held illegal or unenforceable by any court of competent jurisdiction, such provision shall be deemed severed from the remaining provisions of this Agreement and shall not affect or impair the validity or enforceability of the remaining provision of this Agreement.
9.6 No waiver of either party to exercise or enforce any of its rights under this Agreement will act as a waiver of those rights.
9.7 Each party will be and act as an independent contractor and not as an agent or partner of, or joint venture with the other party, and neither party will have any right, power or authority to act or create any obligation, express or implied, on behalf of the other party.
10. Photosensitivity
Certain individuals (regardless of whether such individuals have a diagnosed condition or history) may react to certain visual images or patterns appearing on our Sites, including without limitation on our games. Such images or patterns may include but are not limited to flashing lights. Reactions may be reduced by viewing or playing in a well-lit room, avoiding playing while drowsy, viewing the Sites or games from some distance or on a smaller screen, and limiting duration of use.
Important: Read Carefully
This agreement is the end-user licensing agreement (hereinafter referred to as the “Agreement”) between you ( an individual, company or any other legal entity) and [Bucketplay Inc.] for the use of this [software]. You must have reached the age of majority for the legal jurisdiction that you reside into access and sign this agreement. . If you have not reached the age of majority for the legal, your guardian must agree to sign this Agreement. Please read this Agreement before you use our [software]. Your use of our [software] or download of the update will be deemed as your acceptance of the constraints mentioned in the agreement. Otherwise, please do not use any of our [software] or download any updates
This End User License Agreement, including any supplemental terms (collectively, the “EULA”) is between You and [Bucketplay Inc.] and governs Your use of our [software].
1. Definitions
AFFILIATES shall mean any entity, individual, firm, or corporation, directly or indirectly, through one or more intermediaries, controlling, controlled by, or under common control with Employer.
DERIVATIVE WORKS shall mean any value addition, enhancement, modification, condensation, transformation, expansion, or any change in any form to the [product] in a bid to recast, adapt or transfer the said [product], which, if used without the consent of the licensor. Would constitute an intellectual property right violation.
PARTNERS shall mean distributors and/or resellers authorized by the licensor or its distributors to resell the [product], or a co-branded version of the [product] authorized by the licensor.
2. License to Use the [software]
Subject to the terms of this Agreement, [Bucketplay Inc.] grants to you a nonexclusive, non-transferable, revocable license to use the [software] as permitted by this Agreement solely for your personal and non-commercial use. The [software] cannot be used for any other purpose. You are not permitted to lease, rent, sublicense, publish, copy, modify, adapt, translate, reverse engineer, decompile or disassemble all or a portion of the [software] without our prior written consent or unless otherwise expressly permitted by the applicable law.
3. Limitation of Use
3.1 You may not use our technology or our intellectual property to develop [software] or design, develop, manufacture, sell or license third-party devices/accessories associated with our devices or without our prior consent.
3.2 You may not sell, rent, lease, lend, sublicense or distribute the entirety or part of the [software] to any third party without prior written permission from us. Nonetheless, you may make a one-off permanent transfer of the entire license to the [software] to another party along with the transfer of ownership of your [enter company name] device provided that:
- The transfer must include the transfer of the entire [software]
- You do not retain all or any part of the copies
- The recipient must have read and accepted all the terms and conditions of this Agreement
3.3 Except as otherwise expressly permitted, you shall not, nor allow any other person to copy, reverse engineer, decompile, disassemble or create derivative work of the [software]. [In case of an application, software includes prohibition on export of source code, decoding or modification of the application or software and the services that it provides.]
3.4 Customers/Users may not delete, remove, hide, move, or alter any trademark, logo, icon, image or text that represents the Licensor’s name or any derivation of these. All representation of the Licensor’s name, logo or other mark of Licensor or any of its affiliates names or marks must remain as originally distributed regardless of the presence or absence of a trademark, copyright, or other intellectual property symbol or notice.
4. Copyright and Intellectual Property Rights
All title, ownership rights and intellectual property rights in and to the [software] all text, graphics, music or sounds, all messages or items of information, fictional characters, names, themes, objects, scenery, costumes, effects, dialogues, slogans, places, characters, diagrams, concepts, choreographies, videos, audio-visual effects, domain name and any other elements which are part of the [software] and any all copies thereof are owned by [Bucketplay Inc.]. The [software] is protected by national and international laws, copyright treaties and conventions and other laws. This [software] may contain certain licensed materials and, in that event, we or our licensor’s may protect their rights in case of any violation of this Agreement. Any reproduction or representation of these licensed material in any way and for any reason is prohibited without [Bucketplay Inc.] prior written permission, and if applicable, our licensor’s and representatives. Except as expressly set forth in this EULA, all rights not granted hereunder to You are expressly reserved by [Bucketplay Inc.].
This License confers no title or ownership in the [software] and should not be construed as a sale of any rights in [software].
5. Limited Warranty and Disclaimers
YOU EXPRESSLY ACKNOWLEDGE THAT USE OF THE PRODUCT IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE PRODUCT IS SUPPLIED ON AN ‘AS IS’ AND ‘AS AVAILABLE’ BASIS. [Bucketplay Inc.], ITS LICENSORS, AFFILIATES, CHANNEL PARTNERS AND ASSOCIATED PARTNERS, COPYRIGHT HOLDERS DO NOT MAKE AND HEREBY DISCLAIM ANY GUARANTEES, CONDITIONS, WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED OR STATUTORY OR OTHER TERMS INCLUDING BUT NOT LIMITED TO QUALITY, FITNESS FOR A PURPOSE, ACCURACY, CORRECTNESS, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTIES, RELIABILITY AND SECURITY.
6. Limitation of Liability
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 OR ANY OTHER MALFUNCTION OR FAILURE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, DAMAGES FOR PERSONAL INJURIES , PROPERTY DAMAGE, OR LOST PROFITS FOR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE USE OF [software], WHETHER ARISING IN TORT, 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 LAW) EXCEED THE ACTUAL PRICE PAID BY YOU FOR USE OF THE [software].
7. Termination and Ongoing Effectiveness
7.1 This Agreement and the licenses granted hereunder shall remain in effect until terminated by either party. You may terminate this Agreement at any time
7.2 [Bucketplay Inc.] and its licensors can terminate this Agreement at any time without notice if you fail to comply with any terms or conditions of this agreement. Once this Agreement has been terminated, you Must stop using this [software] and delete all the associated materials.
8. Jurisdiction and Governing Laws
8.1 This Agreement is entered into in the [Republic of Korea] and shall be governed by, and construed in accordance with, the laws of the [Republic of Korea].
9. General Provisions
9.1 Neither party may assign this Agreement or any right or obligation hereunder without the other party’s prior written consent. However, the Licensor may assign this Agreement in the event of a merger or consolidation or purchase of all or substantially all of its assets. This Agreement will be binding upon and inure to the benefit of the permitted successors and assigns of each party.
9.2 Licensor will not be held responsible for any failure, delay or interruption caused by circumstances outside its control, such as network failure, network connection failure, earthquake, flooding, strikes, embargos or acts of government. If such an event giving rise to Force Majeure lasts for more than [30 days], then either party may terminate this Agreement without such termination giving rise to any liability or right to any refund.
9.3 Customer agrees to pay all taxes (including not limited to sales, use, excise and value-added taxes), tariffs, duties, customs fees, or similar charges imposed or levied on the Customer Licenses, with the exception of taxes on Licensor’s net income.
9.4 This Agreement constitutes the entire agreement between the parties and supersedes all written or oral prior agreements or understandings between the parties. The terms of this Agreement may not be modified except by a written agreement signed by both parties.
9.5 If any provision of this Agreement is held illegal or unenforceable by any court of competent jurisdiction, such provision shall be deemed severed from the remaining provisions of this Agreement and shall not affect or impair the validity or enforceability of the remaining provision of this Agreement.
9.6 No waiver of either party to exercise or enforce any of its rights under this Agreement will act as a waiver of those rights.
9.7 Each party will be and act as an independent contractor and not as an agent or partner of, or joint venture with the other party, and neither party will have any right, power or authority to act or create any obligation, express or implied, on behalf of the other party.
10. Photosensitivity
Certain individuals (regardless of whether such individuals have a diagnosed condition or history) may react to certain visual images or patterns appearing on our Sites, including without limitation on our games. Such images or patterns may include but are not limited to flashing lights. Reactions may be reduced by viewing or playing in a well-lit room, avoiding playing while drowsy, viewing the Sites or games from some distance or on a smaller screen, and limiting duration of use.