| Language: |
End User License Agreement
LAST UPDATED: MARCH 1, 2021
This End User License Agreement (“Agreement”) is a binding agreement between you (“End User” or “you”) and Haiku, Inc., a Delaware corporation (“Company”). This Agreement governs your use of the Company’s World of Haiku game (including all related documentation, the “Application”). The Application is licensed, not sold, to you.
BY CLICKING THE “AGREE” BUTTON, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND THE COMPANY’S TERMS OF SERVICE AND PRIVACY POLICY; (B) REPRESENT THAT YOU ARE AN INDIVIDUAL AND NOT A LEGAL ENTITY AND ARE 18 YEARS OF AGE OR OLDER; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS AND BY THE TERMS OF THE COMPANY’S TERMS OF SERVICE AND PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS AND THE COMPANY’S TERMS OF SERVICE AND PRIVACY POLICY, DO NOT DOWNLOAD, INSTALL, OR USE THE APPLICATION, AND DELETE THIS APPLICATION FROM ALL DEVICES UNDER YOUR POSSESSION OR CONTROL.
License Fee; In-App Purchases; Application Access.
Access to the Application is available only via a one-time License Fee in the amount posted from time to time on the Application page hosted by the Steam platform located at https://store.steampowered.com and operated by Valve Corporation (“Steam”). The License Fee grants you access to the base Application as it may be released and supported from time to time. Certain features of the Application may be accessible only via in-Application purchase (“In-App Purchases”) on the terms set forth in the Application at the time of purchase. All License Fee payments and In-App Purchases shall additionally be governed by Steam’s applicable terms of use in effect at the time of purchase.
The Company reserves the right to change, suspend, remove, or disable access to the Application or any feature thereof, at any time without notice. If you have prepaid for access to the Application and the Company determines to disable access to the Application as a whole, other than for your violation of any of the terms and conditions of this Agreement or the Terms of Service, the Company will issue you a pro-rated refund of such prepaid fees.
The Company will not be liable for any removal or disabling of access to any portion of the Application, including but not limited to any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, or unauthorized access to, or alteration of, user communications. The Company is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, or failure of email on account of technical problems or traffic congestion on the internet or on the Application or combination thereof, including injury or damage to any Device or other hardware or software related to or resulting from using or downloading materials in connection with the Application.
You are responsible for the internet connection and/or mobile charges that you may incur for accessing and/or using the Application.
There may be times when the Application or a part of the Application is not available for technical or maintenance related reasons, whether on a scheduled or unscheduled basis.
License Grant. Subject to and conditioned upon your timely payment of all License Fees and applicable In-App Purchase Fees, and your strict compliance with all terms and conditions set forth in this Agreement, the Company grants you an individual, worldwide (subject to applicable law), limited, non-exclusive, non-assignable, and nontransferable license during the Term to download, install, and use the Application for your personal, non-commercial use on one or more devices owned or otherwise controlled by you (“Device”) strictly in accordance with the Application’s documentation, this Agreement, and the Company’s Terms of Service.
Accounts; Responsibility for Use of Application.
You will be required to create an account with Steam as a condition to using the Application. Your Steam account will be governed by the terms of use established by Steam.
You will also be required to create an account with the Company (your “Account”) as a condition to using the Application. Please refer to the Terms of Service for additional terms governing your Account.
Reservation of Rights. You acknowledge and agree that the Application is provided under license, and not sold, to you. You do not acquire any ownership interest in the Application under this Agreement, or any other rights thereto other than to use the Application in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. Company and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the Application, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.
Collection and Use of Your Information. You acknowledge that when you download, install, or use the Application, Company may use automatic means (including, for example, cookies and web beacons) to collect information about your Device and about your use of the Application. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the Application or certain of its features or functionality, and the Application may provide you with opportunities to share information about yourself with others. All information the Company collects through or in connection with this Application is subject to our Privacy Policy. By downloading, installing, using, and providing information to or through this Application, you consent to all actions taken by the Company with respect to your information in compliance with the Privacy Policy.
Updates. Company may from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality within the Application. Based on your Device settings, when your Device is connected to the internet either:
the Application will automatically download and install available Updates; or
you may receive notice of or be prompted to download and install available Updates.
You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement.
For the avoidance of doubt, Updates do not include features or functionality made available via In-App Purchases, and such features or functionality will only be downloaded and installed if you choose to make such In-App Purchase.
Term and Termination.
The “Term” of Agreement commences when you download the Application and will continue in effect until terminated by you or Company as set forth in this Section.
You may terminate this Agreement by deleting the Application and all copies thereof from your Device.
Company may terminate this Agreement at any time without notice if it ceases to support the Application, which Company may do in its sole discretion.
Company may terminate this Agreement at any time without notice if you violate any of the terms and conditions of this Agreement or the Terms of Service.
Upon termination:
all rights granted to you under this Agreement will also terminate;
you must cease all use of the Application and delete all copies of the Application from your Device and account; and
the Company may remotely disable your access to the Application and all data therein, and may delete your Account and all data associated therewith.
Termination will not limit any party’s rights or remedies at law or in equity existing prior to termination.
Unless otherwise stated, all of the parties’ respective obligations, representations and warranties under this Agreement which are not, by the express terms of this Agreement, fully to be performed during the Term, shall survive the termination or expiration of the Agreement.
Export Regulation. The Application may be subject to US export control laws, including the Export Control Reform Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Application to, or make the Application accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Application available outside the US.
US Government Rights. The Application is commercial computer software, as such term is defined in 48 C.F.R. §2.101. Accordingly, if you are an agency of the US Government or any contractor therefor, you receive only those rights with respect to the Application as are granted to all other end users under license, in accordance with (a) 48 C.F.R. §227.7201 through 48 C.F.R. §227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. §12.212, with respect to all other US Government licensees and their contractors.
Amendment of Agreement. The Company reserves the right to revise and update this Agreement from time to time in its sole discretion upon written notice to you. If the Company does so, it will provide you with notice by posting a notice in the Application, by sending you an email, or by any other means the Company reasonably deems appropriate. All changes will be effective immediately after such notice was posted, sent, or otherwise transmitted, and the continued use of the Application by you thereafter shall constitute your acceptance of such changes. If you do not accept any such changes, you must cease using the Application. Your continued use of the Application following the posting, sending, or other transmission of any such change means that you accept and agree to all such changes. The Company may revise and update the Terms of Service and Privacy Policy as described in such respective policies.
Governing Law. This Agreement is governed by and construed in accordance with the internal laws of the State of Nevada as more fully set forth in the Terms of Service.
Arbitration. The Arbitration provisions in the Terms of Service shall govern and control any dispute arising out of or related to this Agreement or the Application.
Entire Agreement. This Agreement, the Terms of Service, and our Privacy Policy constitute the entire agreement between you and Company with respect to the Application and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Application.
[end of Agreement]
LAST UPDATED: MARCH 1, 2021
This End User License Agreement (“Agreement”) is a binding agreement between you (“End User” or “you”) and Haiku, Inc., a Delaware corporation (“Company”). This Agreement governs your use of the Company’s World of Haiku game (including all related documentation, the “Application”). The Application is licensed, not sold, to you.
BY CLICKING THE “AGREE” BUTTON, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND THE COMPANY’S TERMS OF SERVICE AND PRIVACY POLICY; (B) REPRESENT THAT YOU ARE AN INDIVIDUAL AND NOT A LEGAL ENTITY AND ARE 18 YEARS OF AGE OR OLDER; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS AND BY THE TERMS OF THE COMPANY’S TERMS OF SERVICE AND PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS AND THE COMPANY’S TERMS OF SERVICE AND PRIVACY POLICY, DO NOT DOWNLOAD, INSTALL, OR USE THE APPLICATION, AND DELETE THIS APPLICATION FROM ALL DEVICES UNDER YOUR POSSESSION OR CONTROL.
License Fee; In-App Purchases; Application Access.
Access to the Application is available only via a one-time License Fee in the amount posted from time to time on the Application page hosted by the Steam platform located at https://store.steampowered.com and operated by Valve Corporation (“Steam”). The License Fee grants you access to the base Application as it may be released and supported from time to time. Certain features of the Application may be accessible only via in-Application purchase (“In-App Purchases”) on the terms set forth in the Application at the time of purchase. All License Fee payments and In-App Purchases shall additionally be governed by Steam’s applicable terms of use in effect at the time of purchase.
The Company reserves the right to change, suspend, remove, or disable access to the Application or any feature thereof, at any time without notice. If you have prepaid for access to the Application and the Company determines to disable access to the Application as a whole, other than for your violation of any of the terms and conditions of this Agreement or the Terms of Service, the Company will issue you a pro-rated refund of such prepaid fees.
The Company will not be liable for any removal or disabling of access to any portion of the Application, including but not limited to any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, or unauthorized access to, or alteration of, user communications. The Company is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, or failure of email on account of technical problems or traffic congestion on the internet or on the Application or combination thereof, including injury or damage to any Device or other hardware or software related to or resulting from using or downloading materials in connection with the Application.
You are responsible for the internet connection and/or mobile charges that you may incur for accessing and/or using the Application.
There may be times when the Application or a part of the Application is not available for technical or maintenance related reasons, whether on a scheduled or unscheduled basis.
License Grant. Subject to and conditioned upon your timely payment of all License Fees and applicable In-App Purchase Fees, and your strict compliance with all terms and conditions set forth in this Agreement, the Company grants you an individual, worldwide (subject to applicable law), limited, non-exclusive, non-assignable, and nontransferable license during the Term to download, install, and use the Application for your personal, non-commercial use on one or more devices owned or otherwise controlled by you (“Device”) strictly in accordance with the Application’s documentation, this Agreement, and the Company’s Terms of Service.
Accounts; Responsibility for Use of Application.
You will be required to create an account with Steam as a condition to using the Application. Your Steam account will be governed by the terms of use established by Steam.
You will also be required to create an account with the Company (your “Account”) as a condition to using the Application. Please refer to the Terms of Service for additional terms governing your Account.
Reservation of Rights. You acknowledge and agree that the Application is provided under license, and not sold, to you. You do not acquire any ownership interest in the Application under this Agreement, or any other rights thereto other than to use the Application in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. Company and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the Application, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.
Collection and Use of Your Information. You acknowledge that when you download, install, or use the Application, Company may use automatic means (including, for example, cookies and web beacons) to collect information about your Device and about your use of the Application. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the Application or certain of its features or functionality, and the Application may provide you with opportunities to share information about yourself with others. All information the Company collects through or in connection with this Application is subject to our Privacy Policy. By downloading, installing, using, and providing information to or through this Application, you consent to all actions taken by the Company with respect to your information in compliance with the Privacy Policy.
Updates. Company may from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality within the Application. Based on your Device settings, when your Device is connected to the internet either:
the Application will automatically download and install available Updates; or
you may receive notice of or be prompted to download and install available Updates.
You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement.
For the avoidance of doubt, Updates do not include features or functionality made available via In-App Purchases, and such features or functionality will only be downloaded and installed if you choose to make such In-App Purchase.
Term and Termination.
The “Term” of Agreement commences when you download the Application and will continue in effect until terminated by you or Company as set forth in this Section.
You may terminate this Agreement by deleting the Application and all copies thereof from your Device.
Company may terminate this Agreement at any time without notice if it ceases to support the Application, which Company may do in its sole discretion.
Company may terminate this Agreement at any time without notice if you violate any of the terms and conditions of this Agreement or the Terms of Service.
Upon termination:
all rights granted to you under this Agreement will also terminate;
you must cease all use of the Application and delete all copies of the Application from your Device and account; and
the Company may remotely disable your access to the Application and all data therein, and may delete your Account and all data associated therewith.
Termination will not limit any party’s rights or remedies at law or in equity existing prior to termination.
Unless otherwise stated, all of the parties’ respective obligations, representations and warranties under this Agreement which are not, by the express terms of this Agreement, fully to be performed during the Term, shall survive the termination or expiration of the Agreement.
Export Regulation. The Application may be subject to US export control laws, including the Export Control Reform Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Application to, or make the Application accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Application available outside the US.
US Government Rights. The Application is commercial computer software, as such term is defined in 48 C.F.R. §2.101. Accordingly, if you are an agency of the US Government or any contractor therefor, you receive only those rights with respect to the Application as are granted to all other end users under license, in accordance with (a) 48 C.F.R. §227.7201 through 48 C.F.R. §227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. §12.212, with respect to all other US Government licensees and their contractors.
Amendment of Agreement. The Company reserves the right to revise and update this Agreement from time to time in its sole discretion upon written notice to you. If the Company does so, it will provide you with notice by posting a notice in the Application, by sending you an email, or by any other means the Company reasonably deems appropriate. All changes will be effective immediately after such notice was posted, sent, or otherwise transmitted, and the continued use of the Application by you thereafter shall constitute your acceptance of such changes. If you do not accept any such changes, you must cease using the Application. Your continued use of the Application following the posting, sending, or other transmission of any such change means that you accept and agree to all such changes. The Company may revise and update the Terms of Service and Privacy Policy as described in such respective policies.
Governing Law. This Agreement is governed by and construed in accordance with the internal laws of the State of Nevada as more fully set forth in the Terms of Service.
Arbitration. The Arbitration provisions in the Terms of Service shall govern and control any dispute arising out of or related to this Agreement or the Application.
Entire Agreement. This Agreement, the Terms of Service, and our Privacy Policy constitute the entire agreement between you and Company with respect to the Application and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Application.
[end of Agreement]