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END-USER LICENSE AGREEMENT FOR "PLUNGE THE PLUMBER"
This End-User License Agreement (“Agreement”) is a legal agreement between you and Zayniac Games LLC, located in Nevada (“us” or “we”) for the use of the game “Plunge The Plumber” (the “Game”). By downloading, installing, accessing, or otherwise using the Game, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, do not use the Game.
1. License Grant
We grant you a limited, non-exclusive, non-transferable license to use the Game for your personal, non-commercial enjoyment, in accordance with the terms of this Agreement. You retain ownership of the copy of the Game you have purchased or obtained, but this ownership is subject to the conditions outlined here. You are permitted to mod the Game and distribute those mods for free, provided they are for personal use only and not used for commercial purposes. Any modifications or additional content must not be monetized. You may not sublicense, rent, lease, sell, trade, gift, or transfer the Game or any part of it to any third party. If you acquire the Game through a licensing site, you acknowledge that you do not own the Game; rather, you are granted a limited license to use it in accordance with this Agreement.
2. Restrictions
You agree not to, and not to allow any third party to:
(a) Modify, adapt, translate, or create derivative works based on the Game or any part of it for commercial purposes. You may create and distribute mods for free, provided they are for personal use only and not monetized.
(b) Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Game or any part of it.
(c) Remove, obscure, or alter any proprietary notices or labels on or within the Game.
(d) Use the Game for commercial purposes, including but not limited to advertising or soliciting users to buy or sell products or services.
(e) Harass or interfere with anyone else’s use of the Game.
(f) Use the Game in any manner that violates applicable law.
(g) Use the Game in any way that could damage, disable, overburden, or impair the Game or our servers and networks.
3. Ownership
You own the copy of the Game that you have purchased or obtained. However, all intellectual property rights related to the Game—including patents, copyrights, trademarks, trade secrets, and other proprietary rights—remain the exclusive property of us and our licensors. This Agreement does not transfer any ownership rights in the Game’s intellectual property to you, other than the rights granted under the license described in Section 1. If you acquire the Game through a licensing site, you acknowledge that your rights are limited to those granted under this Agreement, and you do not own the Game itself.
4. Disclaimer of Warranties
THE GAME IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DISCLAIM ALL WARRANTIES WITH RESPECT TO THE GAME, INCLUDING WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WHETHER ARISING BY STATUTE, COURSE OF DEALING, USAGE OF TRADE, OR OTHERWISE. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE GAME WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE GAME WILL BE UNINTERRUPTED OR ERROR-FREE.
5. Limitation of Liability
IN NO EVENT SHALL WE OR OUR LICENSORS BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS ARISING OUT OF THE USE OR INABILITY TO USE THE GAME, OR FOR ANY OTHER CLAIM BY YOU OR ANY OTHER PARTY, WHETHER IN CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR THE GAME.
6. Indemnification
You agree to indemnify and hold us and our licensors harmless from any and all claims, demands, damages, expenses, and liabilities, including without limitation reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Game, your violation of this Agreement, or your violation of any rights of another person or entity.
7. Termination
This Agreement is effective until terminated. You may terminate this Agreement at any time by uninstalling the Game and destroying any additional copies of the Game in your possession or control. However, you retain ownership of the original copy of the Game you purchased or obtained. We may, at any time, terminate this Agreement with or without notice to you, and with or without cause. Upon termination of this Agreement, you must immediately uninstall the Game and destroy any additional copies of the Game in your possession or control, while retaining ownership of the original copy.
8. Miscellaneous
This Agreement constitutes the entire agreement between you and us relating to the use of the Game and supersedes all prior or contemporaneous understandings, agreements, representations, warranties, and negotiations, whether written or oral, relating to such subject matter. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. This Agreement shall be governed by and construed under Nevada law as such law applies to agreements between Nevada residents entered into and to be performed within Nevada, without giving effect to its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. The exclusive jurisdiction and venue for any claim arising out of or relating to this Agreement shall be the state and federal courts located in Nevada, and you hereby submit to the personal jurisdiction and venue of such courts. You may not assign this Agreement, in whole or in part, without our prior written consent, and any attempt to do so without such consent shall be void. We may assign this Agreement, in whole or in part, without your prior written consent. This Agreement shall bind and inure to the benefit of the parties hereto and their respective successors and assigns.
9. Contact Information
If you have any questions regarding this Agreement, please contact us at zayniacgames@yahoo.com.
This End-User License Agreement (“Agreement”) is a legal agreement between you and Zayniac Games LLC, located in Nevada (“us” or “we”) for the use of the game “Plunge The Plumber” (the “Game”). By downloading, installing, accessing, or otherwise using the Game, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, do not use the Game.
1. License Grant
We grant you a limited, non-exclusive, non-transferable license to use the Game for your personal, non-commercial enjoyment, in accordance with the terms of this Agreement. You retain ownership of the copy of the Game you have purchased or obtained, but this ownership is subject to the conditions outlined here. You are permitted to mod the Game and distribute those mods for free, provided they are for personal use only and not used for commercial purposes. Any modifications or additional content must not be monetized. You may not sublicense, rent, lease, sell, trade, gift, or transfer the Game or any part of it to any third party. If you acquire the Game through a licensing site, you acknowledge that you do not own the Game; rather, you are granted a limited license to use it in accordance with this Agreement.
2. Restrictions
You agree not to, and not to allow any third party to:
(a) Modify, adapt, translate, or create derivative works based on the Game or any part of it for commercial purposes. You may create and distribute mods for free, provided they are for personal use only and not monetized.
(b) Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Game or any part of it.
(c) Remove, obscure, or alter any proprietary notices or labels on or within the Game.
(d) Use the Game for commercial purposes, including but not limited to advertising or soliciting users to buy or sell products or services.
(e) Harass or interfere with anyone else’s use of the Game.
(f) Use the Game in any manner that violates applicable law.
(g) Use the Game in any way that could damage, disable, overburden, or impair the Game or our servers and networks.
3. Ownership
You own the copy of the Game that you have purchased or obtained. However, all intellectual property rights related to the Game—including patents, copyrights, trademarks, trade secrets, and other proprietary rights—remain the exclusive property of us and our licensors. This Agreement does not transfer any ownership rights in the Game’s intellectual property to you, other than the rights granted under the license described in Section 1. If you acquire the Game through a licensing site, you acknowledge that your rights are limited to those granted under this Agreement, and you do not own the Game itself.
4. Disclaimer of Warranties
THE GAME IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DISCLAIM ALL WARRANTIES WITH RESPECT TO THE GAME, INCLUDING WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WHETHER ARISING BY STATUTE, COURSE OF DEALING, USAGE OF TRADE, OR OTHERWISE. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE GAME WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE GAME WILL BE UNINTERRUPTED OR ERROR-FREE.
5. Limitation of Liability
IN NO EVENT SHALL WE OR OUR LICENSORS BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS ARISING OUT OF THE USE OR INABILITY TO USE THE GAME, OR FOR ANY OTHER CLAIM BY YOU OR ANY OTHER PARTY, WHETHER IN CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR THE GAME.
6. Indemnification
You agree to indemnify and hold us and our licensors harmless from any and all claims, demands, damages, expenses, and liabilities, including without limitation reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Game, your violation of this Agreement, or your violation of any rights of another person or entity.
7. Termination
This Agreement is effective until terminated. You may terminate this Agreement at any time by uninstalling the Game and destroying any additional copies of the Game in your possession or control. However, you retain ownership of the original copy of the Game you purchased or obtained. We may, at any time, terminate this Agreement with or without notice to you, and with or without cause. Upon termination of this Agreement, you must immediately uninstall the Game and destroy any additional copies of the Game in your possession or control, while retaining ownership of the original copy.
8. Miscellaneous
This Agreement constitutes the entire agreement between you and us relating to the use of the Game and supersedes all prior or contemporaneous understandings, agreements, representations, warranties, and negotiations, whether written or oral, relating to such subject matter. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. This Agreement shall be governed by and construed under Nevada law as such law applies to agreements between Nevada residents entered into and to be performed within Nevada, without giving effect to its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. The exclusive jurisdiction and venue for any claim arising out of or relating to this Agreement shall be the state and federal courts located in Nevada, and you hereby submit to the personal jurisdiction and venue of such courts. You may not assign this Agreement, in whole or in part, without our prior written consent, and any attempt to do so without such consent shall be void. We may assign this Agreement, in whole or in part, without your prior written consent. This Agreement shall bind and inure to the benefit of the parties hereto and their respective successors and assigns.
9. Contact Information
If you have any questions regarding this Agreement, please contact us at zayniacgames@yahoo.com.