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End-User Licence Agreement and Terms of Service
This agreement (“Agreement”) is between you and MJ "Pagan" Botha (“Pagan” or “us” or “we” or “our”) regarding the "The Endless Run/NeoRunner(s)" computer game and all related software, files, documentation, updates, upgrades and derivative works (collectively the “Game”). Pagan developed and owns the Game, and is licensing the Game to you on the terms and conditions set out below. Pagan is not selling the Game to you.
By accessing or using the Game you agree to be bound by this Agreement. If you do not agree to this Agreement, you may not access or use the Game.
1. Limited Licence
Subject to this Agreement, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, limited right and licence to access and use the Game for your personal non-commercial gameplay.
You may download information, images, artwork, text, video, audio, pictures and other materials from the Game to the extent necessary to access and use the Game for the purposes of this Agreement. However, you must not otherwise copy, reproduce, republish, post, transmit, display, perform, distribute, modify, translate, reverse-engineer, reverse-compile or decompile, disassemble or create any derivative work from any of those materials or any other portion of the Game without our prior written approval.
We, and our licensors, reserve all rights not specifically granted to you in this Agreement.
2. Other Prohibitions
Except as expressly set out in this Agreement, or as we may otherwise expressly agree in writing, you will not: (a) commercially exploit the Game or distribute, lease, license, sell, rent, grant a security interest in, lend or otherwise transfer or assign the Game or any copies of the Game; (b) remove, alter, or conceal any proprietary notice contained in the Game; or (c) encourage, assist or allow any third party to any of the foregoing.
3. Ownership
The Game is protected by copyright law and by national and international laws, treaties and conventions.
As between you and us, we own all right, title and interest in the Game, including all computer code, titles, text, images, animations, artwork, audio, video, designs, sounds, themes, objects, characters, character names, stories, dialogue, concepts and trade-marks, the graphical design of the user interface, the “look-and-feel” of the user interface, all modifications, customizations and additions thereto, and all intellectual property rights therein. Our names and logos are our trade-marks and you must not use any of them without our consent. Except as expressly set out in this Agreement, you acquire no license to, or other rights in, the Game.
4. Disclaimers
THE GAME IS PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL TERMS, CONDITIONS, GUARANTEES, REPRESENTATIONS AND WARRANTIES (EXPRESS, IMPLIED, STATUTORY AND OTHERWISE), IN RESPECT OF THE GAME, INCLUDING THOSE OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE GAME WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE GAME WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR CONTENT.
5. Limitation of Liability
YOU USE THE GAME AT YOUR OWN RISK. WE WILL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE SUFFERED IN CONNECTION TO THE ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE GAME.
6. Termination of Agreement
Without prejudice to any of our rights under this Agreement or at law or equity, we may terminate this Agreement and your access to the Game immediately if you breach this Agreement.
7. Changes to Agreement
We may revise this Agreement (including any applicable fees and service charges) at any time and from time to time. We will provide notice of any changes by presenting a revised Agreement for your review when you first access the Game after the Agreement changes. We may provide such other notice as we may choose in our sole discretion. Your continued use of the Game following notice of changes to this Agreement will mean that you accept all such changes. If any change is not acceptable to you, your only recourse is to stop using the Game.
8. Changes to Game
From time to time, without prior notice, we may in our sole discretion add new features to the Game, remove existing features from the Game, or otherwise modify or update the Game. We may provide updates that must be installed on your computer for you to access and use the Game. You hereby consent to us remotely installing updates to the Game software that resides on your computer, without further notice.
This agreement (“Agreement”) is between you and MJ "Pagan" Botha (“Pagan” or “us” or “we” or “our”) regarding the "The Endless Run/NeoRunner(s)" computer game and all related software, files, documentation, updates, upgrades and derivative works (collectively the “Game”). Pagan developed and owns the Game, and is licensing the Game to you on the terms and conditions set out below. Pagan is not selling the Game to you.
By accessing or using the Game you agree to be bound by this Agreement. If you do not agree to this Agreement, you may not access or use the Game.
1. Limited Licence
Subject to this Agreement, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, limited right and licence to access and use the Game for your personal non-commercial gameplay.
You may download information, images, artwork, text, video, audio, pictures and other materials from the Game to the extent necessary to access and use the Game for the purposes of this Agreement. However, you must not otherwise copy, reproduce, republish, post, transmit, display, perform, distribute, modify, translate, reverse-engineer, reverse-compile or decompile, disassemble or create any derivative work from any of those materials or any other portion of the Game without our prior written approval.
We, and our licensors, reserve all rights not specifically granted to you in this Agreement.
2. Other Prohibitions
Except as expressly set out in this Agreement, or as we may otherwise expressly agree in writing, you will not: (a) commercially exploit the Game or distribute, lease, license, sell, rent, grant a security interest in, lend or otherwise transfer or assign the Game or any copies of the Game; (b) remove, alter, or conceal any proprietary notice contained in the Game; or (c) encourage, assist or allow any third party to any of the foregoing.
3. Ownership
The Game is protected by copyright law and by national and international laws, treaties and conventions.
As between you and us, we own all right, title and interest in the Game, including all computer code, titles, text, images, animations, artwork, audio, video, designs, sounds, themes, objects, characters, character names, stories, dialogue, concepts and trade-marks, the graphical design of the user interface, the “look-and-feel” of the user interface, all modifications, customizations and additions thereto, and all intellectual property rights therein. Our names and logos are our trade-marks and you must not use any of them without our consent. Except as expressly set out in this Agreement, you acquire no license to, or other rights in, the Game.
4. Disclaimers
THE GAME IS PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL TERMS, CONDITIONS, GUARANTEES, REPRESENTATIONS AND WARRANTIES (EXPRESS, IMPLIED, STATUTORY AND OTHERWISE), IN RESPECT OF THE GAME, INCLUDING THOSE OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE GAME WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE GAME WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR CONTENT.
5. Limitation of Liability
YOU USE THE GAME AT YOUR OWN RISK. WE WILL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE SUFFERED IN CONNECTION TO THE ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE GAME.
6. Termination of Agreement
Without prejudice to any of our rights under this Agreement or at law or equity, we may terminate this Agreement and your access to the Game immediately if you breach this Agreement.
7. Changes to Agreement
We may revise this Agreement (including any applicable fees and service charges) at any time and from time to time. We will provide notice of any changes by presenting a revised Agreement for your review when you first access the Game after the Agreement changes. We may provide such other notice as we may choose in our sole discretion. Your continued use of the Game following notice of changes to this Agreement will mean that you accept all such changes. If any change is not acceptable to you, your only recourse is to stop using the Game.
8. Changes to Game
From time to time, without prior notice, we may in our sole discretion add new features to the Game, remove existing features from the Game, or otherwise modify or update the Game. We may provide updates that must be installed on your computer for you to access and use the Game. You hereby consent to us remotely installing updates to the Game software that resides on your computer, without further notice.