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END USER LICENSE AGREEMENT
IMPORTANT, PLEASE READ CAREFULLY
BY EITHER REMOVING THE SHRINK WRAP AND/OR JEWEL CASE SEAL OR DOWNLOADING, INSTALLING, COPYING, OR OTHERWISE USING THIS SOFTWARE PRODUCT, YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS:
1. END USER LICENSE AGREEMENT.
This end-user license agreement (“EULA”) is a legal agreement between You (either an individual or a single entity), hereinafter sometimes referred to as “You,” “End User” or “Licensee,” and APP-Software for the APP-Software software product accompanying this EULA which includes video game related software and may include associated media, printed media, and on-line or electronic documentation (collectively, “Software Product” or, alternatively, the “Game”). Any and all uses of the Software Product are governed by the terms of this EULA. If You do not agree to the terms of this EULA, You should not install, copy, download or use the Software Product and in which case You should contact your vendor regarding its return policy. If You are acquiring this Software Product from a APP-Software or third party distributor website (a “Website”) and do not agree, click “disagree/decline.” You agree that your use of the Software Product acknowledges that You have read this agreement, understand it, and agree to be bound by its terms and conditions, and that You represent and warrant that You are an adult and are either accepting this EULA on behalf of yourself or on behalf of your child or ward, as the case may be. If End User has not attained the age of majority, he/she is obliged to obtain the necessary permission in the form required by law from the parents or other legal representatives. No child under the age of 13 is allowed to play the Game.
2. OWNERSHIP.
It is hereby understood and agreed that, as between You and APP-Software, APP-Software, is the owner of all right titles, ownership rights, intellectual property rights and interests in and to the Software Product and all copies thereof (including, without limitation, any titles, computer codes, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artworks, character inventories, structural or landscape designs, animations, sounds, musical compositions and recordings, audio-visual effects, storylines, character likenesses, methods of operation, moral rights, and any related documentation), regardless of the media or form of the original download, whether online, by disk or otherwise. You, as Licensee, through your downloading, installing, copying or use of this product do not acquire any ownership rights to the Software Product.
3. GENERAL.
The Software Product is licensed, not sold, to You by APP-Software for use only under the terms and conditions of this EULA. The Software Product is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The rights granted herein are limited to APP-Software’s and its licensors’ intellectual property rights in the Software Product and do not include any other patents or intellectual property rights. The Software Product may contain license management software (also known as digital rights management software) that restricts your use of the Software Product.
4. SOFTWARE PRODUCT.
The Software Product, as used in this EULA, means, collectively and/or as applicable:
A. The Software Product package, if any;
B. Any and all contents, components, attachments, software, media, and code with which this EULA is provided and delivered via disk or a Website;
C. Any and all game design, characters, images, graphics, photographs, art, art work, clip art, text, fonts, music, sounds, voices or other sensory content (the “Game Content”);
D. Related explanatory written materials and instructions, and any other possible documentation related thereto (“Documentation”); and
E. Upgrades, modified versions, updates, additions, expansion packs and copies of the Software Product (the “Upgrades”), if any, provided to You by APP-Software under this EULA.
The terms of this EULA shall govern any Upgrades provided by APP-Software that replace and/or supplement the original Software Product, unless such Upgrade is accompanied by a separate license in which case the terms of that license shall prevail.
5. GRANT OF LICENSE AND RESTRICTIONS.
A. Subject to your agreement to and continuing compliance with this EULA, APP-Software hereby grants, and You hereby accept, a limited, non-exclusive, non-transferable End User license to: (1) install the Software Product on the local hard disk(s) or other permanent storage media of one computer, or, on any other game play device solely owned by You or under your legitimate control (each a “Unit”); and (2) use the Software Product for your non-commercial entertainment purposes only.
B. Unless provided otherwise in the Documentation, You shall not display, modify, reproduce and distribute any Game Content, or portion(s) thereof, included with or relating to the Software Product, if any. Any such authorized display, modification, reproduction and distribution shall be in full accord with this EULA. Under no circumstances shall your use, display, modification, reproduction or distribution of the Game Content give You any intellectual property or proprietary rights in the Game Content or in any logos and/or trade or service marks of APP-Software. All rights, title, and interests belong solely to APP-Software and its licensors.
C. You shall not, without APP-Software’s express written consent:
i. Copy or reproduce, auction, loan, lease, sublicense or transfer the Software Product, unless otherwise stated in this EULA or in the rules of the Game;
ii. Electronically transfer the Software Product through a LAN (local area network) or file sharing network; or
iii. Modify, adapt, translate, reverse engineer, derive source code from, disassemble, decompile or create derivative works based on the Software Product or any accompanying materials. Notwithstanding the foregoing, End User shall have the right, at his/her own risk, to adjust and rearrange the content of the Software Product while using the Game at his/her own end if these adjustment are allowed and included in the rules of the Game. End User acknowledges that APP-Software shall not be liable for any such readjustment done by End User in the Game.
Any use of the Software Product in violation of these limitations shall be regarded as an infringement of APP-Software copyrights in and to the Software Product.
D. By accepting the terms of this EULA, You further agree that You shall not, under any circumstances:
i. Use, develop, distribute or sell cheats, automation software (bots), hacks, mods or any other unauthorized third-party software designed to modify the Software Product, unless otherwise allowed by the rules of the Game;
ii. exploit the Software Product or any of its part for any commercial purpose, including without limitation (a) use at a cyber café, computer gaming center or any other location-based site; (b) for gathering in-game currency, items or resources for sale outside the Game; or (c) performing in-game services in exchange for payment outside the Game, e.g., power-leveling;
iii. remove, disable or circumvent any security protections, proprietary notices or labels contained on or within the Software Product; or
iv. use any obscene, pornographic, provocative or racist language or material in the Game or on the Forums and chats relating to the Game.
Any use of the Software Product in violation of these limitations shall be regarded as an infringement to this EULA and shall be pursued to the fullest extent permissible under the law.
6. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
A. From time to time, at APP-Software sole discretion, APP-Software may provide You with support services related to the Software Product (“Support Services”). APP-Software reserves the right to alter, suspend, and terminate the Support Services at any time and for any reason. You can contact APP-Software for Support Services at feedback.madbullz@gmail.com
B. Any supplemental software, code, content, or media provided to You in the course of Support Services shall be considered part of the Software Product and subject to the terms and conditions of this EULA.
C. You shall not modify, sublicense, assign, or transfer the Software Product or any rights under this EULA, except as expressly provided in this EULA. Any attempt to otherwise sublicense, assign, or transfer any of the rights, duties, or obligations shall be void.
D. APP-Software shall have the right, at any time, without notice to End User to: (1) unilaterally suspend or modify the Game process and the Game conditions; (2) modify or delete any information posted by End User on the Forum and chats relating to the Game, including statements and declarations; and (3) improve or modify the Game, or any of its part.
E. End User agrees to take appropriate measures to ensure the safety of his/her account in the Game and passwords and to prevent unauthorized use of these by a third party. If End User has reason to believe that third parties have obtained such information or can obtain it, End User shall immediately inform APP-Software and change his/her data. Unauthorized access by any third party to End User’s personal information, account and in-game currency account in the Game is strictly forbidden. End User agrees and acknowledges that he/she shall not sell, give, rent, lease, assign, redistribute, sublicense or transfer its account, in-game currency account or personal information to any third parties.
7. COLLECTION AND USE OF PERSONAL INFORMATION.
APP-Software shall have the right to collect End User’s personal and technical information, including but not limited to name, user ID, age, country of residence, language, email address, IP address, computer configuration and software usage, which is gathered periodically to facilitate the provision of software updates, product support and other services related to the Software Product. APP-Software may use this information to improve its products or to provide services or technologies to End User. In addition, APP-Software may use End User’s software usage information for the purpose of research, development, administration, support and marketing of APP-Software products and services. Such information shall not be sold or transferred to any third parties without the previous consent of End User.
8. TERM.
A. This License is effective until terminated. You may terminate it at any time by destroying the Software Product with all copies, full or partial, and removing all of its component parts. APP-Software may terminate this Agreement at any time for any reason. Upon such termination, all licenses granted herein shall immediately terminate and You must immediately and permanently destroy all copies of the Game in your possession and control and remove the Software Product from your hard drive. The term of this EULA runs concurrently with the period during which You use and retain the Software Product. If the Software Product is transferred (to the extent allowed under this EULA), the license is transferred with it.
B. Your rights under this EULA shall terminate automatically without notice from APP-Software if You fail to comply with any term(s) or condition(s) of this EULA. In such event, no notice shall be required by APP-Software to effect such termination.
C. Upon termination of this EULA, You shall cease all use of the Software Product and destroy all copies, full or partial, together with all backup copies, modifications, printed or written materials, and merged portions in any form and remove all component parts of the Software Product which have been downloaded onto your Unit.
9. INTELLECTUAL PROPERTY RIGHTS.
A. As between You and APP-Software, APP-Software shall retain all right, title, and interest in the Software Product and in any modifications or improvements made thereto, and in any upgrades, updates or Documentation provided to You.
B. You acknowledge APP-Software exclusive rights in the Software Product and that the Software Product is unique and original to APP-Software and that APP-Software is owner thereof. Unless otherwise permitted by law, End User shall not, at any time during or after the effective Term of the Agreement, dispute or contest, directly or indirectly, APP-Software exclusive right and title to the Software Product or the validity thereof.
C. You shall not attempt to develop any Software Product that contains the “look and feel” of any of the Software Product.
D. You hereby expressly agree not to extract information, reverse engineer, disassemble, decompile, or translate the Software Product, or otherwise attempt to derive the source code of the Software Product, except to the extent allowed under any applicable law. In the event that such activities are permitted by applicable law, any information You, or your authorized agent, discover shall be promptly disclosed to APP-Software and shall be deemed the confidential information of APP-Software.
10. EXPORT LAW ASSURANCES.
You may not export or re-export the Software Product except as authorized by United States law and the laws of the jurisdiction in which the Software Product was obtained. In particular, but without limitation, the Software Product may not be exported or re-exported (a) into or to a nation or a resident of any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By installing or using any component of the Software Product, You represent and warrant that You are not located in, under control of, or a national or resident of any such country or on any such list.
11. DISCLAIMER OF WARRANTIES.
You expressly acknowledge and agree that use of the Software Product is at your sole risk and that the entire risk as to satisfactory quality, performance, and accuracy is with You. To the maximum extent permitted by applicable law, the Software Product is provided “as is”, with all faults and without warranty of any kind, and APP-Software and APP-Software affiliates (collectively referred to as “APP-Software” for the purposes of Sections 12 and 13) hereby disclaim all warranties and conditions with respect to the Software Product, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement of third party rights. APP-Software does not warrant against interference with your enjoyment of the Software Product, that the functions contained in the Software Product shall meet your requirements, that the operation of the Software Product shall be uninterrupted or error-free, or that defects in the Software Product shall be corrected. No oral or written information or advice given by APP-Software or a APP-Software authorized representative shall create a warranty. Should the Software Product prove defective, You assume the entire cost of all necessary servicing, repair or correction. Some jurisdictions do not allow the exclusion of implied warranties or limitation on applicable statutory rights of a consumer, so the above exclusion and limitations may not apply to You.
12. LIMITATION OF LIABILITY.
A. To the maximum extent permitted by applicable law, in no event shall APP-Software, its affiliates or licensees, be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption , loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the Software Product or defect in or caused by the Software Product, including but not limited to comprising the security of your unit, operating system or files, or the provision of or failure to provide support services, even if APP-Softwarehas been advised of the possibility of such damages.
B. APP-Software does not accept liability for: (1) any possible criminal actions committed by End User; (2) statements of End User, made or published in the Game or on the Forums and chats relating to the Game, or End User’s behavior in the Game, including the conduct, manner and ideology of the in-game characters, managed by End User, actions of in-game characters in the Game, disrespect for other End Users and their in-game characters; (3) the loss of access means by End User to his/her in-game accounts (loss of login, password and other information required for participation in the Game); and (4) the loss of End User’s in-game values unless stated otherwise herein.
C. In any case, APP-Software entire liability under any provision of this EULA shall be solely limited to the amount actually paid by You for the Software Product or replacement of the Software Product with product of comparable retail value, as APP-Software may elect in its sole discretion; provided however, if You have entered into a support services agreement, APP-Software entire liability regarding support services shall be governed by the terms of that agreement. Because some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to You in part or whole.
13. DEFECTS AND SECURITY WARNING.
A. Without limiting the foregoing, APP-Software does not ensure continuous, error-free, secure or virus-free operation of the Software Product.
B. WARNING: By installation and/or use of the Software Product, You may be installing into your unit software that is alleged or may be alleged to compromise the security of your unit, its operating system and files. If at any time You wish to uninstall the Software Product because You believe the security of your unit, operating system or files may be or has been compromised, You may need to execute a separate routine to uninstall the feature that may be comprising your security. Damages You may recover for any such alleged security breaches are subject to the limitation of liability as set forth herein.
14. INDEMNIFICATION
You hereby agree to indemnify, defend and hold harmless APP-Software and its affiliates and their respective officers, employees, directors, agents, licensees (excluding You), sublicensees (excluding You), successors and assigns from and against any and all liability, costs, losses, damages, and expenses (including reasonable attorneys’ fees and expenses) arising out of any claim, suit, or cause of action relating to and/or arising from (a) your breach of any term of this EULA; (b) your violation of any rights of any third party; or (c) your use or misuse of the Software Product. Your indemnification obligations set forth in the immediately preceding sentence shall survive the termination of this EULA.
15. GOVERNING LAW.
A. Informal Negotiations: To expedite resolution and control the cost of any dispute, controversy or claim related to this EULA (“Dispute”), You agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations shall commence upon receipt of a written notice by APP-Software. You shall send such notice by registered mail to: APP-Software, Rzeszów 35-210, Poland, ul. Króla Augusta 29/60
B. Governing Law and Dispute Resolution: This EULA shall be governed by and construed in accordance with the laws of Poland. This EULA shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. By agreeing to these terms and conditions, in the event of any claim You may have arising from or related to the Software Product or this EULA You agree to the exclusive personal and subject matter jurisdiction of the courts located in Rzeszow, Poland for making and resolving any such claims, and hereby waive any right to participate in any type of law suit brought and/or maintained as a class action or similar in nature to a class action. APP-Software reserves the right to make any claim against You and seek and be granted any legal or equitable remedy against You in any court anywhere in the world.
16. WAIVER & SEVERABILITY.
A failure on the part of APP-Software to act with respect to a breach by You or others of this EULA does not waive APP-Software right to act with respect to subsequent or similar breaches. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this EULA shall continue in full force and effect.
17. ALL RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY APP-Software.
IMPORTANT, PLEASE READ CAREFULLY
BY EITHER REMOVING THE SHRINK WRAP AND/OR JEWEL CASE SEAL OR DOWNLOADING, INSTALLING, COPYING, OR OTHERWISE USING THIS SOFTWARE PRODUCT, YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS:
1. END USER LICENSE AGREEMENT.
This end-user license agreement (“EULA”) is a legal agreement between You (either an individual or a single entity), hereinafter sometimes referred to as “You,” “End User” or “Licensee,” and APP-Software for the APP-Software software product accompanying this EULA which includes video game related software and may include associated media, printed media, and on-line or electronic documentation (collectively, “Software Product” or, alternatively, the “Game”). Any and all uses of the Software Product are governed by the terms of this EULA. If You do not agree to the terms of this EULA, You should not install, copy, download or use the Software Product and in which case You should contact your vendor regarding its return policy. If You are acquiring this Software Product from a APP-Software or third party distributor website (a “Website”) and do not agree, click “disagree/decline.” You agree that your use of the Software Product acknowledges that You have read this agreement, understand it, and agree to be bound by its terms and conditions, and that You represent and warrant that You are an adult and are either accepting this EULA on behalf of yourself or on behalf of your child or ward, as the case may be. If End User has not attained the age of majority, he/she is obliged to obtain the necessary permission in the form required by law from the parents or other legal representatives. No child under the age of 13 is allowed to play the Game.
2. OWNERSHIP.
It is hereby understood and agreed that, as between You and APP-Software, APP-Software, is the owner of all right titles, ownership rights, intellectual property rights and interests in and to the Software Product and all copies thereof (including, without limitation, any titles, computer codes, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artworks, character inventories, structural or landscape designs, animations, sounds, musical compositions and recordings, audio-visual effects, storylines, character likenesses, methods of operation, moral rights, and any related documentation), regardless of the media or form of the original download, whether online, by disk or otherwise. You, as Licensee, through your downloading, installing, copying or use of this product do not acquire any ownership rights to the Software Product.
3. GENERAL.
The Software Product is licensed, not sold, to You by APP-Software for use only under the terms and conditions of this EULA. The Software Product is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The rights granted herein are limited to APP-Software’s and its licensors’ intellectual property rights in the Software Product and do not include any other patents or intellectual property rights. The Software Product may contain license management software (also known as digital rights management software) that restricts your use of the Software Product.
4. SOFTWARE PRODUCT.
The Software Product, as used in this EULA, means, collectively and/or as applicable:
A. The Software Product package, if any;
B. Any and all contents, components, attachments, software, media, and code with which this EULA is provided and delivered via disk or a Website;
C. Any and all game design, characters, images, graphics, photographs, art, art work, clip art, text, fonts, music, sounds, voices or other sensory content (the “Game Content”);
D. Related explanatory written materials and instructions, and any other possible documentation related thereto (“Documentation”); and
E. Upgrades, modified versions, updates, additions, expansion packs and copies of the Software Product (the “Upgrades”), if any, provided to You by APP-Software under this EULA.
The terms of this EULA shall govern any Upgrades provided by APP-Software that replace and/or supplement the original Software Product, unless such Upgrade is accompanied by a separate license in which case the terms of that license shall prevail.
5. GRANT OF LICENSE AND RESTRICTIONS.
A. Subject to your agreement to and continuing compliance with this EULA, APP-Software hereby grants, and You hereby accept, a limited, non-exclusive, non-transferable End User license to: (1) install the Software Product on the local hard disk(s) or other permanent storage media of one computer, or, on any other game play device solely owned by You or under your legitimate control (each a “Unit”); and (2) use the Software Product for your non-commercial entertainment purposes only.
B. Unless provided otherwise in the Documentation, You shall not display, modify, reproduce and distribute any Game Content, or portion(s) thereof, included with or relating to the Software Product, if any. Any such authorized display, modification, reproduction and distribution shall be in full accord with this EULA. Under no circumstances shall your use, display, modification, reproduction or distribution of the Game Content give You any intellectual property or proprietary rights in the Game Content or in any logos and/or trade or service marks of APP-Software. All rights, title, and interests belong solely to APP-Software and its licensors.
C. You shall not, without APP-Software’s express written consent:
i. Copy or reproduce, auction, loan, lease, sublicense or transfer the Software Product, unless otherwise stated in this EULA or in the rules of the Game;
ii. Electronically transfer the Software Product through a LAN (local area network) or file sharing network; or
iii. Modify, adapt, translate, reverse engineer, derive source code from, disassemble, decompile or create derivative works based on the Software Product or any accompanying materials. Notwithstanding the foregoing, End User shall have the right, at his/her own risk, to adjust and rearrange the content of the Software Product while using the Game at his/her own end if these adjustment are allowed and included in the rules of the Game. End User acknowledges that APP-Software shall not be liable for any such readjustment done by End User in the Game.
Any use of the Software Product in violation of these limitations shall be regarded as an infringement of APP-Software copyrights in and to the Software Product.
D. By accepting the terms of this EULA, You further agree that You shall not, under any circumstances:
i. Use, develop, distribute or sell cheats, automation software (bots), hacks, mods or any other unauthorized third-party software designed to modify the Software Product, unless otherwise allowed by the rules of the Game;
ii. exploit the Software Product or any of its part for any commercial purpose, including without limitation (a) use at a cyber café, computer gaming center or any other location-based site; (b) for gathering in-game currency, items or resources for sale outside the Game; or (c) performing in-game services in exchange for payment outside the Game, e.g., power-leveling;
iii. remove, disable or circumvent any security protections, proprietary notices or labels contained on or within the Software Product; or
iv. use any obscene, pornographic, provocative or racist language or material in the Game or on the Forums and chats relating to the Game.
Any use of the Software Product in violation of these limitations shall be regarded as an infringement to this EULA and shall be pursued to the fullest extent permissible under the law.
6. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
A. From time to time, at APP-Software sole discretion, APP-Software may provide You with support services related to the Software Product (“Support Services”). APP-Software reserves the right to alter, suspend, and terminate the Support Services at any time and for any reason. You can contact APP-Software for Support Services at feedback.madbullz@gmail.com
B. Any supplemental software, code, content, or media provided to You in the course of Support Services shall be considered part of the Software Product and subject to the terms and conditions of this EULA.
C. You shall not modify, sublicense, assign, or transfer the Software Product or any rights under this EULA, except as expressly provided in this EULA. Any attempt to otherwise sublicense, assign, or transfer any of the rights, duties, or obligations shall be void.
D. APP-Software shall have the right, at any time, without notice to End User to: (1) unilaterally suspend or modify the Game process and the Game conditions; (2) modify or delete any information posted by End User on the Forum and chats relating to the Game, including statements and declarations; and (3) improve or modify the Game, or any of its part.
E. End User agrees to take appropriate measures to ensure the safety of his/her account in the Game and passwords and to prevent unauthorized use of these by a third party. If End User has reason to believe that third parties have obtained such information or can obtain it, End User shall immediately inform APP-Software and change his/her data. Unauthorized access by any third party to End User’s personal information, account and in-game currency account in the Game is strictly forbidden. End User agrees and acknowledges that he/she shall not sell, give, rent, lease, assign, redistribute, sublicense or transfer its account, in-game currency account or personal information to any third parties.
7. COLLECTION AND USE OF PERSONAL INFORMATION.
APP-Software shall have the right to collect End User’s personal and technical information, including but not limited to name, user ID, age, country of residence, language, email address, IP address, computer configuration and software usage, which is gathered periodically to facilitate the provision of software updates, product support and other services related to the Software Product. APP-Software may use this information to improve its products or to provide services or technologies to End User. In addition, APP-Software may use End User’s software usage information for the purpose of research, development, administration, support and marketing of APP-Software products and services. Such information shall not be sold or transferred to any third parties without the previous consent of End User.
8. TERM.
A. This License is effective until terminated. You may terminate it at any time by destroying the Software Product with all copies, full or partial, and removing all of its component parts. APP-Software may terminate this Agreement at any time for any reason. Upon such termination, all licenses granted herein shall immediately terminate and You must immediately and permanently destroy all copies of the Game in your possession and control and remove the Software Product from your hard drive. The term of this EULA runs concurrently with the period during which You use and retain the Software Product. If the Software Product is transferred (to the extent allowed under this EULA), the license is transferred with it.
B. Your rights under this EULA shall terminate automatically without notice from APP-Software if You fail to comply with any term(s) or condition(s) of this EULA. In such event, no notice shall be required by APP-Software to effect such termination.
C. Upon termination of this EULA, You shall cease all use of the Software Product and destroy all copies, full or partial, together with all backup copies, modifications, printed or written materials, and merged portions in any form and remove all component parts of the Software Product which have been downloaded onto your Unit.
9. INTELLECTUAL PROPERTY RIGHTS.
A. As between You and APP-Software, APP-Software shall retain all right, title, and interest in the Software Product and in any modifications or improvements made thereto, and in any upgrades, updates or Documentation provided to You.
B. You acknowledge APP-Software exclusive rights in the Software Product and that the Software Product is unique and original to APP-Software and that APP-Software is owner thereof. Unless otherwise permitted by law, End User shall not, at any time during or after the effective Term of the Agreement, dispute or contest, directly or indirectly, APP-Software exclusive right and title to the Software Product or the validity thereof.
C. You shall not attempt to develop any Software Product that contains the “look and feel” of any of the Software Product.
D. You hereby expressly agree not to extract information, reverse engineer, disassemble, decompile, or translate the Software Product, or otherwise attempt to derive the source code of the Software Product, except to the extent allowed under any applicable law. In the event that such activities are permitted by applicable law, any information You, or your authorized agent, discover shall be promptly disclosed to APP-Software and shall be deemed the confidential information of APP-Software.
10. EXPORT LAW ASSURANCES.
You may not export or re-export the Software Product except as authorized by United States law and the laws of the jurisdiction in which the Software Product was obtained. In particular, but without limitation, the Software Product may not be exported or re-exported (a) into or to a nation or a resident of any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By installing or using any component of the Software Product, You represent and warrant that You are not located in, under control of, or a national or resident of any such country or on any such list.
11. DISCLAIMER OF WARRANTIES.
You expressly acknowledge and agree that use of the Software Product is at your sole risk and that the entire risk as to satisfactory quality, performance, and accuracy is with You. To the maximum extent permitted by applicable law, the Software Product is provided “as is”, with all faults and without warranty of any kind, and APP-Software and APP-Software affiliates (collectively referred to as “APP-Software” for the purposes of Sections 12 and 13) hereby disclaim all warranties and conditions with respect to the Software Product, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement of third party rights. APP-Software does not warrant against interference with your enjoyment of the Software Product, that the functions contained in the Software Product shall meet your requirements, that the operation of the Software Product shall be uninterrupted or error-free, or that defects in the Software Product shall be corrected. No oral or written information or advice given by APP-Software or a APP-Software authorized representative shall create a warranty. Should the Software Product prove defective, You assume the entire cost of all necessary servicing, repair or correction. Some jurisdictions do not allow the exclusion of implied warranties or limitation on applicable statutory rights of a consumer, so the above exclusion and limitations may not apply to You.
12. LIMITATION OF LIABILITY.
A. To the maximum extent permitted by applicable law, in no event shall APP-Software, its affiliates or licensees, be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption , loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the Software Product or defect in or caused by the Software Product, including but not limited to comprising the security of your unit, operating system or files, or the provision of or failure to provide support services, even if APP-Softwarehas been advised of the possibility of such damages.
B. APP-Software does not accept liability for: (1) any possible criminal actions committed by End User; (2) statements of End User, made or published in the Game or on the Forums and chats relating to the Game, or End User’s behavior in the Game, including the conduct, manner and ideology of the in-game characters, managed by End User, actions of in-game characters in the Game, disrespect for other End Users and their in-game characters; (3) the loss of access means by End User to his/her in-game accounts (loss of login, password and other information required for participation in the Game); and (4) the loss of End User’s in-game values unless stated otherwise herein.
C. In any case, APP-Software entire liability under any provision of this EULA shall be solely limited to the amount actually paid by You for the Software Product or replacement of the Software Product with product of comparable retail value, as APP-Software may elect in its sole discretion; provided however, if You have entered into a support services agreement, APP-Software entire liability regarding support services shall be governed by the terms of that agreement. Because some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to You in part or whole.
13. DEFECTS AND SECURITY WARNING.
A. Without limiting the foregoing, APP-Software does not ensure continuous, error-free, secure or virus-free operation of the Software Product.
B. WARNING: By installation and/or use of the Software Product, You may be installing into your unit software that is alleged or may be alleged to compromise the security of your unit, its operating system and files. If at any time You wish to uninstall the Software Product because You believe the security of your unit, operating system or files may be or has been compromised, You may need to execute a separate routine to uninstall the feature that may be comprising your security. Damages You may recover for any such alleged security breaches are subject to the limitation of liability as set forth herein.
14. INDEMNIFICATION
You hereby agree to indemnify, defend and hold harmless APP-Software and its affiliates and their respective officers, employees, directors, agents, licensees (excluding You), sublicensees (excluding You), successors and assigns from and against any and all liability, costs, losses, damages, and expenses (including reasonable attorneys’ fees and expenses) arising out of any claim, suit, or cause of action relating to and/or arising from (a) your breach of any term of this EULA; (b) your violation of any rights of any third party; or (c) your use or misuse of the Software Product. Your indemnification obligations set forth in the immediately preceding sentence shall survive the termination of this EULA.
15. GOVERNING LAW.
A. Informal Negotiations: To expedite resolution and control the cost of any dispute, controversy or claim related to this EULA (“Dispute”), You agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations shall commence upon receipt of a written notice by APP-Software. You shall send such notice by registered mail to: APP-Software, Rzeszów 35-210, Poland, ul. Króla Augusta 29/60
B. Governing Law and Dispute Resolution: This EULA shall be governed by and construed in accordance with the laws of Poland. This EULA shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. By agreeing to these terms and conditions, in the event of any claim You may have arising from or related to the Software Product or this EULA You agree to the exclusive personal and subject matter jurisdiction of the courts located in Rzeszow, Poland for making and resolving any such claims, and hereby waive any right to participate in any type of law suit brought and/or maintained as a class action or similar in nature to a class action. APP-Software reserves the right to make any claim against You and seek and be granted any legal or equitable remedy against You in any court anywhere in the world.
16. WAIVER & SEVERABILITY.
A failure on the part of APP-Software to act with respect to a breach by You or others of this EULA does not waive APP-Software right to act with respect to subsequent or similar breaches. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this EULA shall continue in full force and effect.
17. ALL RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY APP-Software.