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END USER LICENSE AGREEMENT
By selecting "I Agree" or by purchasing, downloading or using the game "Dumball Rush" or its related
services (the game and services, collectively, our "Services"), you agree to the terms of this End User
License Agreement ("Agreement") below:
THIS PRODUCT IS LICENSED, IT IS NOT SOLD.
This End User License Agreement (hereinafter referred to as the "EULA") sets forth the terms and
conditions under which you are permitted to install and/or use the Video Game, its upgrades,
patches, updates and related services (collectively the "Product") published and/or provided by
GoodLab Games ("GOODLAB GAMES" or "We").
GOODLAB GAMES and its Licensors reserve all rights not expressly granted to you.
The EULA binds you to GOODLAB GAMES. Please therefore read it carefully before installing,
downloading, accessing or using the Product. If you do not understand any of its provisions, you
should inquire about its meaning before downloading the Product.
By installing or using the Product, you agree to be bound by this EULA and the GOODLAB GAMES
Privacy Policy accessible from the website https://dumball-rush.web.app/ or on the Product. If you
do not agree with any of these terms, please do not install or use the Product.
GOODLAB GAMES reserves the right to change, modify, add or remove items from this EULA at any
time.
To conclude this contract, you must be of legal age in your country of residence.
Before installing this Product, please ensure that your computing device meets the minimum system
requirements for the proper functioning of this Product.
The terms of this EULA do not exclude the terms governing your use of any third-party software
product. Such third-party software may be embedded in the media containing this Product or may be
downloaded within the software package containing the Product and may be necessary for the use of
certain features of this Product, such use may be subject to your acceptance of and compliance with
other third-party end-user license agreements.
1. ACCEPTANCE OF TERMS AND PRIVACY POLICY – CHANGES
The Product is accessible provided that you comply with all the terms and conditions contained
herein.
GOODLAB GAMES reserves the right to modify this EULA and will post such changes on the GOODLAB
GAMES website as appropriate and/or communicate them to you by any means. In the event that
any subsequent changes to this EULA would be unacceptable to you or prevent you from continuing
to comply with this EULA, you may terminate this EULA in accordance with the termination
provisions of Section 8 below. By installing and/or continuing to use any updates or modifications to
the Product or by continuing to use the Product after notice of modification of this EULA, you agree
to all such changes to the terms of this EULA.
By using the Product, you acknowledge that you have read and accepted the terms of our Privacy
Policy, available on our website https://dumball-rush.web.app/ or on the Product.
2. NON-EXCLUSIVE LIMITED USE LICENSE
Our software is licensed to you, not sold, under this Agreement. Subject to your strict compliance
with this Agreement, including the Rules of Conduct below, we grant you a personal, limited, nontransferable, revocable, non-exclusive license to: (a) use our Services for your personal use; and (b)
make and publicly display audiovisual footage showing you using our Services ("Your Streaming
Footage") on online video streaming and social media services.
You must not use or permit others to use the Product or this License for commercial purposes
without obtaining a license from GOODLAB GAMES to that effect.
All rights not expressly granted under this EULA are hereby reserved by GOODLAB GAMES and, as
applicable, its Licensors.
Downloading of the Product is only permitted from an authorized source. You may not make the
Product available yourself on a network where it can be downloaded by others.
3. OWNERSHIP
This license does not confer any title or ownership rights in the Product and should not be construed
as a sale or transfer of intellectual property rights in the Product.
All right, title and interest in and to the Product and all copyrights, trademarks and intellectual
property associated with and/or related thereto, as well as all copies (including, but not limited to,
patches, updates, copies, derivative works, titles and computer code), themes, objects, characters,
character names, stories, dialogues, key phrases, locations, concepts, illustrations, images,
animations, sounds, musical compositions, audiovisual effects, texts, methods of exploitation, moral
rights, "applets" incorporated into the Product and any related documentation belong to GOODLAB
GAMES or its Licensors.
The Product is protected by national and international laws, treaties and conventions on copyright
and on intellectual or industrial property rights of any kind whatsoever. This Product may contain
certain licensed materials licensed by third parties to GOODLAB GAMES (the "Licensors"). In this case,
Licensors may protect their rights in the event of a breach of this EULA. Any reproduction or
representation of this licensed material, in any manner and for any reason, is prohibited without the
prior permission of GOODLAB GAMES and, where applicable, its Licensors.
4. VIRTUAL FEATURES
Our services include "Virtual Features". We use the term "Virtual Features" to refer to the rights we
license to you to access or use certain features that we may make available on our Services.
Examples of virtual features may include access to digital or unlockable content, additional or
enhanced features (including multiplayer services), virtual assets, in-game achievements, and virtual
points, coins, and currencies. When you register or pay for Virtual Features, we grant you a personal,
limited, non-transferable, revocable, non-exclusive license to access the selected Virtual Features.
Virtual Features have no monetary value and no value outside of our Services. You may not sell,
trade, transfer or transfer virtual features, or exchange them for cash. Any payment you make to
access a virtual feature is non-refundable unless otherwise stated.
5. UPDATES, ONLINE SERVER SUPPORT AND INTERRUPTIONS
We may, by automatic update or otherwise, change, modify or update the Services, Content or
Virtual Features in our sole discretion. For example, we may need to update or reset certain settings
to balance play and use of our Services. These updates or resets may cause you setbacks in the
relevant game world and may affect your gameplay and virtual features under your control. If our
Services use online servers, we do not undertake to continue to make those servers available and
may terminate online features at any time. We reserve the right to discontinue our Services from
time to time on a regular basis or otherwise with or without notice to perform maintenance on our
Services. You acknowledge that we may interrupt, suspend or terminate our Services for unforeseen
circumstances or causes beyond our control, and we cannot guarantee that you will be able to access
our Services or your Account every time you wish. We are not liable to you for any consequences
resulting from changes, modifications, updates or interruptions to our Services, or the interruption of
any Service.
6. INTERNET CONNECTION
Some features of our Services may require an Internet connection, which you must provide at your
own expense. You are responsible for all costs and fees charged by your Internet service provider
related to downloading and using our Services.
7. RULES OF CONDUCT
You must not, and should not attempt to do, any of the following:
• Use or permit the use of our Services for any purpose or activity that is illegal, illegal or not
expressly permitted under this Agreement.
• Sell, rent, rent, share or give access to your Account to someone else, or use another user's
Account.
• Modify, adapt, sublicense, translate, resell, retransmit, reverse engineer, decompile or
disassemble any part of our Services.
• Reverse engineer or attempt to extract or otherwise use the source code or other data from
our Services.
• Use our Services to create a service or game that would compete with our Services or help
another person create a service or game that would compete with our Services.
• Remove any property, copyright, trade secret or warning legend from our Services.
• Publicly make or display Your Streaming Sequences when such footage: (a) distorts our
identity, the names, features or functionality of our Services, or the legal rights or obligations that
anyone has with respect to the Services; or (b) infringes our rights unfairly or unlawfully.
• Damage, disrupt, alter or interfere with our Services, any server, network or system used to
support or provide our Services, any person's property or another user's use or enjoyment of our
Services, for example by engaging in denial-of-service attacks, spamming, hacking or downloading
computer viruses, worms, Trojans, cancelbots, spyware, corrupted files or time bombs.
• Probe, analyze or test the vulnerability of our Services, or bypass or violate the security or
authentication measures of our Services.
• Harass, threaten, intimidate, embarrass, spam or do anything else to another user of our
Services that is unwanted, such as repeatedly sending unwanted messages or making insults,
personal attacks or statements about people based on their race, sexual orientation, religion,
nationality or any other aspect.
• Contribute or organize or participate in any activity or group through our Services that is
inappropriate, abusive, harassing, profane, threatening, hateful, offensive, vulgar, obscene, sexually
explicit, defamatory, invasive of another's privacy or is otherwise objectionable.
• Post, upload or distribute UGC that is illegal or that you do not have permission to freely
distribute, or that we deem inappropriate, abusive, hateful, harassing, profane, defamatory,
threatening, hateful, obscene, sexually explicit, invasive of privacy, vulgar, offensive, indecent or
illegal.
• Post or transmit a message for purposes other than personal communication. Prohibited
messages include advertising, spam, chain letters, pyramid schemes, and other types of solicitation
or commercial activities.
• Impersonate another person or falsely imply that you are one of our employees or
representatives.
• Inappropriately use in-game support or complaint buttons or make false reports to us.
• Use any robot, spider, site search/retrieval application or other manual or automatic device
or process to retrieve, index, "extract data" or reproduce or circumvent in any way the Content,
navigation structure or presentation of our Services;
• Harvest, phish or collect any type of private information from other users of our Services,
such as passwords.
• Use or distribute unauthorized software or tools when using our Services, such as
"automatic" software, "macro" software, "cheat utility" software or applications, exploits, cheating
or any other software or tool for hacking, modifying or cheating games.
• Modify any file or other part of our Service that we do not specifically allow you to modify.
• Use exploits, cheaters, undocumented features, design errors or problems in our Services.
• Use or distribute infringing software or Content associated with our Services, including
Virtual Features.
• Attempt to use our Services on or through any service that we do not control or authorize.
• Sell, buy, trade or otherwise transfer or offer to transfer your Account, any personal access to
our Services or any Content associated with your Account, including Virtual Features, either within
our Services or on a third-party website, or as part of any out-of-game transaction.
• Use our Services in a jurisdiction in which we are prohibited from providing such services
under applicable export control laws.
• Engage in any other activity that significantly disrupts the peaceful, fair and respectful
gaming environment of our Services.
• Use publicly available user information in any of our Services (for example, on a ranking) for
purposes unrelated to our Services, including to attempt to identify such users in the real world.
• Transfer any of our Services to a foreign national, or domestic destination, that is prohibited
by U.S. and other export control laws.
• Promote, encourage or participate in any prohibited activity described above.
8. DISCLAIMER OF WARRANTIES: LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE PRODUCT IS PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS. GOODLAB GAMES AND ITS LICENSORS MAKE NO WARRANTIES OF ANY KIND,
EXPRESS, IMPLIED OR STATUTORY, AND DISCLAIM ALL OF THEM AND OTHER TERMS, INCLUDING
WITH RESPECT TO: (A) ITS CONFORMITY, ACCURACY, TIMELINESS, COMPLETENESS, RELIABILITY OR
SAFETY (B) ITS FITNESS FOR A PARTICULAR PURPOSE; (C) IMPLIED WARRANTIES OF TITLE AND NONINFRINGEMENT; (D) ITS MARKET VALUE; OR (E) YOUR SATISFACTION. GOODLAB GAMES DOES NOT
WARRANT THAT THE PRODUCT WILL BE FREE FROM INTERRUPTION OR ERROR, THAT DEFECTS WILL
BE CORRECTED, OR THAT THE PRODUCT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU ASSUME FULL RESPONSIBILITY FOR THE SELECTION OF THE PRODUCT TO ACHIEVE THE RESULTS
YOU EXPECT AS WELL AS ITS INSTALLATION, USE AND RESULTS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GOODLAB GAMES
AND ITS LICENSORS BE LIABLE FOR ANY HARM OR DAMAGE SUFFERED IN CONNECTION WITH THE
USE OF THE PRODUCT OR ANY ASSOCIATED THIRD-PARTY SERVICE. INCLUDES, WITHOUT
LIMITATION, (A) ALL DAMAGES OF ANY KIND, WHETHER RESULTING FROM TORT (INCLUDING
NEGLIGENCE AND NON-PERFORMANCE OF A LEGAL OBLIGATION), CONTRACT, MISREPRESENTATION
(ACCIDENTAL OR NEGLIGENT) OR (B) DIRECT DAMAGES; (C) INCIDENTAL DAMAGES, (D) INCIDENTAL
DAMAGES, (E) CONSEQUENTIAL DAMAGES, AND (F) CONSEQUENTIAL DAMAGES.
NOTWITHSTANDING THE ABOVE LIMITATIONS OF LIABILITY, YOUR SOLE AND EXCLUSIVE REMEDY, IN
THE EVENT OF ANY DISPUTE WITH GOODLAB GAMES OR ITS LICENSORS OF
LICENSES CONSISTS OF CEASING TO USE THE PRODUCT AND, IF APPLICABLE, TO CLAIM DAMAGES
FOR YOUR DAMAGES. THE MAXIMUM AGGREGATE LIABILITY OF GOODLAB GAMES AND ITS
LICENSORS WITH RESPECT TO OR IN CONNECTION WITH THIS EULA OR THE USE OR ATTEMPTED USE
OF THIS PRODUCT WILL BE LIMITED TO THE PURCHASE PRICE YOU ACTUALLY PAID FOR THIS
PRODUCT.
NOTHING IN THIS SECTION 6 SHALL AFFECT GOODLAB GAMES' LIABILITY FOR DEATH OR PERSONAL
INJURY RESULTING FROM GOODLAB GAMES' NEGLIGENCE OR FOR FRAUD OR MISREPRESENTATION,
OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
FOR THE PURPOSES OF THIS SECTION 6, GOODLAB GAMES' LICENSORS, DISTRIBUTION PARTNERS
AND ASSOCIATED SERVICE PROVIDERS BENEFIT AS THIRD PARTIES FROM THE LIMITATIONS OF
LIABILITY SPECIFIED HEREIN AND MAY ENFORCE THIS EULA AGAINST YOU.
SOME COUNTRIES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES OR THE LIMITATION OF LIABILITY DESCRIBED ABOVE, SO THE ABOVE TERMS MAY NOT
APPLY TO YOU. IN SUCH JURISDICTIONS, THE FOREGOING EXCLUSIONS AND LIMITATIONS APPLY
ONLY TO THE EXTENT PERMITTED BY THE LAWS OF SUCH JURISDICTIONS. IN ADDITION, YOU MAY
HAVE ADDITIONAL LEGAL RIGHTS WITHIN YOUR JURISDICTION AND NOTHING IN THIS AGREEMENT
WILL AFFECT ANY RIGHTS YOU MAY HAVE AS A CONSUMER OF THE PRODUCT.
9. INDEMNIFICATION
You hereby agree to indemnify GOODLAB GAMES and its Licensors against any and all claims, costs
and expenses (including attorneys' fees) arising, directly or indirectly, from your actions and/or
omissions during the use of the Product that do not comply with the terms and conditions of this
EULA.
GOODLAB GAMES reserves the right, at its own expense, to assume the exclusive defense and
control of any matter otherwise subject to indemnification by you, in which case you will cooperate
with GOODLAB GAMES to assert any available defense.
10. TERMINATION
This EULA remains in effect until terminated. You may terminate the EULA at any time by removing
or uninstalling the Product from your media by destroying the Product in your possession.
The EULA will be automatically terminated by GOODLAB GAMES if you breach any of the conditions
hereof, after formal notice remained unsuccessful within a period of eight days, except of particular
gravity. Upon termination for any reason, you must immediately uninstall the Product and destroy all
copies of the Product in your possession.
All provisions of this EULA relating to warranties, limitations of liability, remedies and damages shall
survive termination, to the extent permitted by the mandatory provisions of applicable law.
Exclusion for non-respect of intellectual property:
You acknowledge that you have been informed that failure to comply with any intellectual property
right of GOODLAB GAMES or its Licensors may result in the immediate termination of the EULA. In
particular, the sale or provision of content from the Product for the benefit of third parties, via social
forums or via any or all or means will result in the immediate termination hereof, without prejudice
to goodlab games' right to sue the infringing player.
Exclusion for non-compliance with the Gameplay:
You acknowledge that you have been informed that any attempt to circumvent the gameplay of the
Product in order to distort the normal rules of progression provided by the game may result in the
immediate termination of the EULA. Any information communicated by you to third parties on the
possible implementation of means likely to circumvent the gameplay may lead to prosecution against
you.
11. PERSONAL DATA COLLECTION
When using the Product, GOODLAB GAMES (or its service providers) may collect, store and process
the following information for user statistics purposes: data on your hardware and software
configuration (during the installation of the Product and in case of modification of the hardware of
your computer), device identifiers, your data in the game, including, but not limited to, your score,
game statistics, performance, leaderboards, playing time, and other usage statistics or similar
information.
We may also collect, store and use anonymous data about you.
The processing of personal data is based on a legitimate interest of GOODLAB GAMES in order to
provide the best gaming experience. In addition, the processing of your personal data is necessary for
the performance of this EULA.
GOODLAB GAMES (or its service providers) may also collect certain information (such as IP address
and user ID) for the purposes of product authentication and fraud and hacking prevention or to help
us identify and correct errors and bugs in our games.
In accordance with the General Data Protection Regulation (GDPR), you have the right to:
- to access your data,
- to rectify, update or complete your data when they are inaccurate, misleading, incomplete or
outdated,
- to erase your information ("right to be forgotten"),
- to oppose or limit the processing of your personal data,
- to request data portability.
To exercise these rights, please send your request:
- by e-mail to the following address: dumballrush@gmail.com
Please attach a copy of your identity card or document of equivalent value.
GOODLAB GAMES will respond to your request within one month of receipt of your request.
In accordance with the GDPR, this period may be extended by two months, given the complexity and
number of requests received by GOODLAB GAMES.
In this case, we will inform you of this extension and the reason for it within one month of receipt of
your request.
You can also address any complaint to the national supervisory authority of your country (such as the
CNIL if you are a French resident).
12. WARNING ABOUT THE RISKS OF EPILEPSY AND THE PRECAUTIONS
TO TAKE WHEN USING A VIDEO GAME
Some people are likely to have epileptic seizures or loss of consciousness at the sight of certain types
of flashing lights or elements that are common in our daily environment. These people expose
themselves to seizures when they watch certain television images or when they play certain video
games. These phenomena can appear even though the subject has no medical history or has never
been confronted with an epileptic seizure. If you have ever experienced symptoms related to
epilepsy (seizure or loss of consciousness) in the presence of light stimulation, please consult your
doctor before use. In any case, please observe the following rules when using a video game:
• avoid playing if you are tired or sleep deprived ;
• make sure you are playing in a well-lit room;
• During use, take breaks of ten to fifteen minutes every hour.
13. FORUMS AND COMMUNICATION NETWORKS
In the event that GOODLAB GAMES makes available to players forums, Discord servers or any other
means and networks of discussion allowing them to exchange with each other in connection with
their use of the Product, You undertake not to make in any case remarks likely to be considered
defamatory, insulting, racist, pornographic, discriminatory, contrary to good morals , infringing the
rights of third parties or contrary to the regulations in force.
14. DIVERSE
This EULA represents the entire legal agreement between you and GOODLAB GAMES regarding the
Product and supersedes all prior agreements and representations, warranties or understandings
between you and GOODLAB GAMES on the same subject matter.
If any part of the EULA is held to be invalid or unenforceable under applicable law, including, but not
limited to, the warranty disclaimers and limitations of liability set forth above, then the invalid or
unenforceable provision will be deemed superseded by a valid and balanced provision that best
matches the intent of the original provision and the remainder of the EULA will remain in full force
and effect.
The failure or delay of GOODLAB GAMES (or its Licensors) to exercise any right or remedy under this
EULA or by law shall not constitute a waiver of such right or any other right or remedy, nor shall it
prevent or restrict the further exercise of such right or any other remedy. The sole or partial exercise
of such a right or remedy shall not prevent or restrict the further exercise of that right or any other
right or remedy. The waiver of a right or remedy can only be considered as having taken place after
the signature of a written declaration to this effect by GOODLAB GAMES or by you.
GOODLAB GAMES may assign this Agreement, in whole or in part, at any time. However, you may not
assign, transfer or sublicense any or all of your rights or obligations under the EULA without the prior
express written consent of GOODLAB GAMES.
In addition to any reason provided for by applicable law, we will be released from any liability for
non-delivery or delay in delivery of the Product resulting from any event beyond our reasonable
control, foreseeable or not by either party, including, but not limited to, social unrest, war,
terrorism, fire, denial-of-service attacks, Internet outages, accidents, inclement weather, inability to
provide transportation, government measures or regulations, and other causes or events beyond our
reasonable control, whether or not similar to the items listed above.
You may not export, download or re-export the Product to any country (national or resident) that is
subject to an embargo in force.
15. APPLICABLE LAW
The Product is intended for use and should only be used in countries where such use is legally
permitted.
In the event of a claim or action relating to or arising out of this EULA, and after an attempt to find an
amicable solution, the following rules shall apply, notwithstanding multiple defendants or warranty
claims, even for emergency proceedings or protective proceedings, in summary proceedings or by
motion:
If you reside in France, this EULA is governed by French law and express jurisdiction is vested in the
French courts. In the event of a dispute with us, you have the possibility to refer the matter to a
consumer mediator before any referral to the competent court.
If you reside in a country other than France, this EULA is governed by French law and express
jurisdiction is vested in the French courts, unless the laws of your country of residence provide
otherwise.
16. CLASS ACTION WAIVER
This Article 16 shall apply only to the extent permitted by the laws in force.
You agree not to bring or participate in any legal or class action, general action with a private
attorney, or class arbitration in connection with the Product or this EULA. You also agree not to seek
to combine any action or arbitration in connection with the Product or this Agreement with any
other action or arbitration without the consent of all parties to this EULA and any other actions or
arbitrations.
By selecting "I Agree" or by purchasing, downloading or using the game "Dumball Rush" or its related
services (the game and services, collectively, our "Services"), you agree to the terms of this End User
License Agreement ("Agreement") below:
THIS PRODUCT IS LICENSED, IT IS NOT SOLD.
This End User License Agreement (hereinafter referred to as the "EULA") sets forth the terms and
conditions under which you are permitted to install and/or use the Video Game, its upgrades,
patches, updates and related services (collectively the "Product") published and/or provided by
GoodLab Games ("GOODLAB GAMES" or "We").
GOODLAB GAMES and its Licensors reserve all rights not expressly granted to you.
The EULA binds you to GOODLAB GAMES. Please therefore read it carefully before installing,
downloading, accessing or using the Product. If you do not understand any of its provisions, you
should inquire about its meaning before downloading the Product.
By installing or using the Product, you agree to be bound by this EULA and the GOODLAB GAMES
Privacy Policy accessible from the website https://dumball-rush.web.app/ or on the Product. If you
do not agree with any of these terms, please do not install or use the Product.
GOODLAB GAMES reserves the right to change, modify, add or remove items from this EULA at any
time.
To conclude this contract, you must be of legal age in your country of residence.
Before installing this Product, please ensure that your computing device meets the minimum system
requirements for the proper functioning of this Product.
The terms of this EULA do not exclude the terms governing your use of any third-party software
product. Such third-party software may be embedded in the media containing this Product or may be
downloaded within the software package containing the Product and may be necessary for the use of
certain features of this Product, such use may be subject to your acceptance of and compliance with
other third-party end-user license agreements.
1. ACCEPTANCE OF TERMS AND PRIVACY POLICY – CHANGES
The Product is accessible provided that you comply with all the terms and conditions contained
herein.
GOODLAB GAMES reserves the right to modify this EULA and will post such changes on the GOODLAB
GAMES website as appropriate and/or communicate them to you by any means. In the event that
any subsequent changes to this EULA would be unacceptable to you or prevent you from continuing
to comply with this EULA, you may terminate this EULA in accordance with the termination
provisions of Section 8 below. By installing and/or continuing to use any updates or modifications to
the Product or by continuing to use the Product after notice of modification of this EULA, you agree
to all such changes to the terms of this EULA.
By using the Product, you acknowledge that you have read and accepted the terms of our Privacy
Policy, available on our website https://dumball-rush.web.app/ or on the Product.
2. NON-EXCLUSIVE LIMITED USE LICENSE
Our software is licensed to you, not sold, under this Agreement. Subject to your strict compliance
with this Agreement, including the Rules of Conduct below, we grant you a personal, limited, nontransferable, revocable, non-exclusive license to: (a) use our Services for your personal use; and (b)
make and publicly display audiovisual footage showing you using our Services ("Your Streaming
Footage") on online video streaming and social media services.
You must not use or permit others to use the Product or this License for commercial purposes
without obtaining a license from GOODLAB GAMES to that effect.
All rights not expressly granted under this EULA are hereby reserved by GOODLAB GAMES and, as
applicable, its Licensors.
Downloading of the Product is only permitted from an authorized source. You may not make the
Product available yourself on a network where it can be downloaded by others.
3. OWNERSHIP
This license does not confer any title or ownership rights in the Product and should not be construed
as a sale or transfer of intellectual property rights in the Product.
All right, title and interest in and to the Product and all copyrights, trademarks and intellectual
property associated with and/or related thereto, as well as all copies (including, but not limited to,
patches, updates, copies, derivative works, titles and computer code), themes, objects, characters,
character names, stories, dialogues, key phrases, locations, concepts, illustrations, images,
animations, sounds, musical compositions, audiovisual effects, texts, methods of exploitation, moral
rights, "applets" incorporated into the Product and any related documentation belong to GOODLAB
GAMES or its Licensors.
The Product is protected by national and international laws, treaties and conventions on copyright
and on intellectual or industrial property rights of any kind whatsoever. This Product may contain
certain licensed materials licensed by third parties to GOODLAB GAMES (the "Licensors"). In this case,
Licensors may protect their rights in the event of a breach of this EULA. Any reproduction or
representation of this licensed material, in any manner and for any reason, is prohibited without the
prior permission of GOODLAB GAMES and, where applicable, its Licensors.
4. VIRTUAL FEATURES
Our services include "Virtual Features". We use the term "Virtual Features" to refer to the rights we
license to you to access or use certain features that we may make available on our Services.
Examples of virtual features may include access to digital or unlockable content, additional or
enhanced features (including multiplayer services), virtual assets, in-game achievements, and virtual
points, coins, and currencies. When you register or pay for Virtual Features, we grant you a personal,
limited, non-transferable, revocable, non-exclusive license to access the selected Virtual Features.
Virtual Features have no monetary value and no value outside of our Services. You may not sell,
trade, transfer or transfer virtual features, or exchange them for cash. Any payment you make to
access a virtual feature is non-refundable unless otherwise stated.
5. UPDATES, ONLINE SERVER SUPPORT AND INTERRUPTIONS
We may, by automatic update or otherwise, change, modify or update the Services, Content or
Virtual Features in our sole discretion. For example, we may need to update or reset certain settings
to balance play and use of our Services. These updates or resets may cause you setbacks in the
relevant game world and may affect your gameplay and virtual features under your control. If our
Services use online servers, we do not undertake to continue to make those servers available and
may terminate online features at any time. We reserve the right to discontinue our Services from
time to time on a regular basis or otherwise with or without notice to perform maintenance on our
Services. You acknowledge that we may interrupt, suspend or terminate our Services for unforeseen
circumstances or causes beyond our control, and we cannot guarantee that you will be able to access
our Services or your Account every time you wish. We are not liable to you for any consequences
resulting from changes, modifications, updates or interruptions to our Services, or the interruption of
any Service.
6. INTERNET CONNECTION
Some features of our Services may require an Internet connection, which you must provide at your
own expense. You are responsible for all costs and fees charged by your Internet service provider
related to downloading and using our Services.
7. RULES OF CONDUCT
You must not, and should not attempt to do, any of the following:
• Use or permit the use of our Services for any purpose or activity that is illegal, illegal or not
expressly permitted under this Agreement.
• Sell, rent, rent, share or give access to your Account to someone else, or use another user's
Account.
• Modify, adapt, sublicense, translate, resell, retransmit, reverse engineer, decompile or
disassemble any part of our Services.
• Reverse engineer or attempt to extract or otherwise use the source code or other data from
our Services.
• Use our Services to create a service or game that would compete with our Services or help
another person create a service or game that would compete with our Services.
• Remove any property, copyright, trade secret or warning legend from our Services.
• Publicly make or display Your Streaming Sequences when such footage: (a) distorts our
identity, the names, features or functionality of our Services, or the legal rights or obligations that
anyone has with respect to the Services; or (b) infringes our rights unfairly or unlawfully.
• Damage, disrupt, alter or interfere with our Services, any server, network or system used to
support or provide our Services, any person's property or another user's use or enjoyment of our
Services, for example by engaging in denial-of-service attacks, spamming, hacking or downloading
computer viruses, worms, Trojans, cancelbots, spyware, corrupted files or time bombs.
• Probe, analyze or test the vulnerability of our Services, or bypass or violate the security or
authentication measures of our Services.
• Harass, threaten, intimidate, embarrass, spam or do anything else to another user of our
Services that is unwanted, such as repeatedly sending unwanted messages or making insults,
personal attacks or statements about people based on their race, sexual orientation, religion,
nationality or any other aspect.
• Contribute or organize or participate in any activity or group through our Services that is
inappropriate, abusive, harassing, profane, threatening, hateful, offensive, vulgar, obscene, sexually
explicit, defamatory, invasive of another's privacy or is otherwise objectionable.
• Post, upload or distribute UGC that is illegal or that you do not have permission to freely
distribute, or that we deem inappropriate, abusive, hateful, harassing, profane, defamatory,
threatening, hateful, obscene, sexually explicit, invasive of privacy, vulgar, offensive, indecent or
illegal.
• Post or transmit a message for purposes other than personal communication. Prohibited
messages include advertising, spam, chain letters, pyramid schemes, and other types of solicitation
or commercial activities.
• Impersonate another person or falsely imply that you are one of our employees or
representatives.
• Inappropriately use in-game support or complaint buttons or make false reports to us.
• Use any robot, spider, site search/retrieval application or other manual or automatic device
or process to retrieve, index, "extract data" or reproduce or circumvent in any way the Content,
navigation structure or presentation of our Services;
• Harvest, phish or collect any type of private information from other users of our Services,
such as passwords.
• Use or distribute unauthorized software or tools when using our Services, such as
"automatic" software, "macro" software, "cheat utility" software or applications, exploits, cheating
or any other software or tool for hacking, modifying or cheating games.
• Modify any file or other part of our Service that we do not specifically allow you to modify.
• Use exploits, cheaters, undocumented features, design errors or problems in our Services.
• Use or distribute infringing software or Content associated with our Services, including
Virtual Features.
• Attempt to use our Services on or through any service that we do not control or authorize.
• Sell, buy, trade or otherwise transfer or offer to transfer your Account, any personal access to
our Services or any Content associated with your Account, including Virtual Features, either within
our Services or on a third-party website, or as part of any out-of-game transaction.
• Use our Services in a jurisdiction in which we are prohibited from providing such services
under applicable export control laws.
• Engage in any other activity that significantly disrupts the peaceful, fair and respectful
gaming environment of our Services.
• Use publicly available user information in any of our Services (for example, on a ranking) for
purposes unrelated to our Services, including to attempt to identify such users in the real world.
• Transfer any of our Services to a foreign national, or domestic destination, that is prohibited
by U.S. and other export control laws.
• Promote, encourage or participate in any prohibited activity described above.
8. DISCLAIMER OF WARRANTIES: LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE PRODUCT IS PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS. GOODLAB GAMES AND ITS LICENSORS MAKE NO WARRANTIES OF ANY KIND,
EXPRESS, IMPLIED OR STATUTORY, AND DISCLAIM ALL OF THEM AND OTHER TERMS, INCLUDING
WITH RESPECT TO: (A) ITS CONFORMITY, ACCURACY, TIMELINESS, COMPLETENESS, RELIABILITY OR
SAFETY (B) ITS FITNESS FOR A PARTICULAR PURPOSE; (C) IMPLIED WARRANTIES OF TITLE AND NONINFRINGEMENT; (D) ITS MARKET VALUE; OR (E) YOUR SATISFACTION. GOODLAB GAMES DOES NOT
WARRANT THAT THE PRODUCT WILL BE FREE FROM INTERRUPTION OR ERROR, THAT DEFECTS WILL
BE CORRECTED, OR THAT THE PRODUCT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU ASSUME FULL RESPONSIBILITY FOR THE SELECTION OF THE PRODUCT TO ACHIEVE THE RESULTS
YOU EXPECT AS WELL AS ITS INSTALLATION, USE AND RESULTS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GOODLAB GAMES
AND ITS LICENSORS BE LIABLE FOR ANY HARM OR DAMAGE SUFFERED IN CONNECTION WITH THE
USE OF THE PRODUCT OR ANY ASSOCIATED THIRD-PARTY SERVICE. INCLUDES, WITHOUT
LIMITATION, (A) ALL DAMAGES OF ANY KIND, WHETHER RESULTING FROM TORT (INCLUDING
NEGLIGENCE AND NON-PERFORMANCE OF A LEGAL OBLIGATION), CONTRACT, MISREPRESENTATION
(ACCIDENTAL OR NEGLIGENT) OR (B) DIRECT DAMAGES; (C) INCIDENTAL DAMAGES, (D) INCIDENTAL
DAMAGES, (E) CONSEQUENTIAL DAMAGES, AND (F) CONSEQUENTIAL DAMAGES.
NOTWITHSTANDING THE ABOVE LIMITATIONS OF LIABILITY, YOUR SOLE AND EXCLUSIVE REMEDY, IN
THE EVENT OF ANY DISPUTE WITH GOODLAB GAMES OR ITS LICENSORS OF
LICENSES CONSISTS OF CEASING TO USE THE PRODUCT AND, IF APPLICABLE, TO CLAIM DAMAGES
FOR YOUR DAMAGES. THE MAXIMUM AGGREGATE LIABILITY OF GOODLAB GAMES AND ITS
LICENSORS WITH RESPECT TO OR IN CONNECTION WITH THIS EULA OR THE USE OR ATTEMPTED USE
OF THIS PRODUCT WILL BE LIMITED TO THE PURCHASE PRICE YOU ACTUALLY PAID FOR THIS
PRODUCT.
NOTHING IN THIS SECTION 6 SHALL AFFECT GOODLAB GAMES' LIABILITY FOR DEATH OR PERSONAL
INJURY RESULTING FROM GOODLAB GAMES' NEGLIGENCE OR FOR FRAUD OR MISREPRESENTATION,
OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
FOR THE PURPOSES OF THIS SECTION 6, GOODLAB GAMES' LICENSORS, DISTRIBUTION PARTNERS
AND ASSOCIATED SERVICE PROVIDERS BENEFIT AS THIRD PARTIES FROM THE LIMITATIONS OF
LIABILITY SPECIFIED HEREIN AND MAY ENFORCE THIS EULA AGAINST YOU.
SOME COUNTRIES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES OR THE LIMITATION OF LIABILITY DESCRIBED ABOVE, SO THE ABOVE TERMS MAY NOT
APPLY TO YOU. IN SUCH JURISDICTIONS, THE FOREGOING EXCLUSIONS AND LIMITATIONS APPLY
ONLY TO THE EXTENT PERMITTED BY THE LAWS OF SUCH JURISDICTIONS. IN ADDITION, YOU MAY
HAVE ADDITIONAL LEGAL RIGHTS WITHIN YOUR JURISDICTION AND NOTHING IN THIS AGREEMENT
WILL AFFECT ANY RIGHTS YOU MAY HAVE AS A CONSUMER OF THE PRODUCT.
9. INDEMNIFICATION
You hereby agree to indemnify GOODLAB GAMES and its Licensors against any and all claims, costs
and expenses (including attorneys' fees) arising, directly or indirectly, from your actions and/or
omissions during the use of the Product that do not comply with the terms and conditions of this
EULA.
GOODLAB GAMES reserves the right, at its own expense, to assume the exclusive defense and
control of any matter otherwise subject to indemnification by you, in which case you will cooperate
with GOODLAB GAMES to assert any available defense.
10. TERMINATION
This EULA remains in effect until terminated. You may terminate the EULA at any time by removing
or uninstalling the Product from your media by destroying the Product in your possession.
The EULA will be automatically terminated by GOODLAB GAMES if you breach any of the conditions
hereof, after formal notice remained unsuccessful within a period of eight days, except of particular
gravity. Upon termination for any reason, you must immediately uninstall the Product and destroy all
copies of the Product in your possession.
All provisions of this EULA relating to warranties, limitations of liability, remedies and damages shall
survive termination, to the extent permitted by the mandatory provisions of applicable law.
Exclusion for non-respect of intellectual property:
You acknowledge that you have been informed that failure to comply with any intellectual property
right of GOODLAB GAMES or its Licensors may result in the immediate termination of the EULA. In
particular, the sale or provision of content from the Product for the benefit of third parties, via social
forums or via any or all or means will result in the immediate termination hereof, without prejudice
to goodlab games' right to sue the infringing player.
Exclusion for non-compliance with the Gameplay:
You acknowledge that you have been informed that any attempt to circumvent the gameplay of the
Product in order to distort the normal rules of progression provided by the game may result in the
immediate termination of the EULA. Any information communicated by you to third parties on the
possible implementation of means likely to circumvent the gameplay may lead to prosecution against
you.
11. PERSONAL DATA COLLECTION
When using the Product, GOODLAB GAMES (or its service providers) may collect, store and process
the following information for user statistics purposes: data on your hardware and software
configuration (during the installation of the Product and in case of modification of the hardware of
your computer), device identifiers, your data in the game, including, but not limited to, your score,
game statistics, performance, leaderboards, playing time, and other usage statistics or similar
information.
We may also collect, store and use anonymous data about you.
The processing of personal data is based on a legitimate interest of GOODLAB GAMES in order to
provide the best gaming experience. In addition, the processing of your personal data is necessary for
the performance of this EULA.
GOODLAB GAMES (or its service providers) may also collect certain information (such as IP address
and user ID) for the purposes of product authentication and fraud and hacking prevention or to help
us identify and correct errors and bugs in our games.
In accordance with the General Data Protection Regulation (GDPR), you have the right to:
- to access your data,
- to rectify, update or complete your data when they are inaccurate, misleading, incomplete or
outdated,
- to erase your information ("right to be forgotten"),
- to oppose or limit the processing of your personal data,
- to request data portability.
To exercise these rights, please send your request:
- by e-mail to the following address: dumballrush@gmail.com
Please attach a copy of your identity card or document of equivalent value.
GOODLAB GAMES will respond to your request within one month of receipt of your request.
In accordance with the GDPR, this period may be extended by two months, given the complexity and
number of requests received by GOODLAB GAMES.
In this case, we will inform you of this extension and the reason for it within one month of receipt of
your request.
You can also address any complaint to the national supervisory authority of your country (such as the
CNIL if you are a French resident).
12. WARNING ABOUT THE RISKS OF EPILEPSY AND THE PRECAUTIONS
TO TAKE WHEN USING A VIDEO GAME
Some people are likely to have epileptic seizures or loss of consciousness at the sight of certain types
of flashing lights or elements that are common in our daily environment. These people expose
themselves to seizures when they watch certain television images or when they play certain video
games. These phenomena can appear even though the subject has no medical history or has never
been confronted with an epileptic seizure. If you have ever experienced symptoms related to
epilepsy (seizure or loss of consciousness) in the presence of light stimulation, please consult your
doctor before use. In any case, please observe the following rules when using a video game:
• avoid playing if you are tired or sleep deprived ;
• make sure you are playing in a well-lit room;
• During use, take breaks of ten to fifteen minutes every hour.
13. FORUMS AND COMMUNICATION NETWORKS
In the event that GOODLAB GAMES makes available to players forums, Discord servers or any other
means and networks of discussion allowing them to exchange with each other in connection with
their use of the Product, You undertake not to make in any case remarks likely to be considered
defamatory, insulting, racist, pornographic, discriminatory, contrary to good morals , infringing the
rights of third parties or contrary to the regulations in force.
14. DIVERSE
This EULA represents the entire legal agreement between you and GOODLAB GAMES regarding the
Product and supersedes all prior agreements and representations, warranties or understandings
between you and GOODLAB GAMES on the same subject matter.
If any part of the EULA is held to be invalid or unenforceable under applicable law, including, but not
limited to, the warranty disclaimers and limitations of liability set forth above, then the invalid or
unenforceable provision will be deemed superseded by a valid and balanced provision that best
matches the intent of the original provision and the remainder of the EULA will remain in full force
and effect.
The failure or delay of GOODLAB GAMES (or its Licensors) to exercise any right or remedy under this
EULA or by law shall not constitute a waiver of such right or any other right or remedy, nor shall it
prevent or restrict the further exercise of such right or any other remedy. The sole or partial exercise
of such a right or remedy shall not prevent or restrict the further exercise of that right or any other
right or remedy. The waiver of a right or remedy can only be considered as having taken place after
the signature of a written declaration to this effect by GOODLAB GAMES or by you.
GOODLAB GAMES may assign this Agreement, in whole or in part, at any time. However, you may not
assign, transfer or sublicense any or all of your rights or obligations under the EULA without the prior
express written consent of GOODLAB GAMES.
In addition to any reason provided for by applicable law, we will be released from any liability for
non-delivery or delay in delivery of the Product resulting from any event beyond our reasonable
control, foreseeable or not by either party, including, but not limited to, social unrest, war,
terrorism, fire, denial-of-service attacks, Internet outages, accidents, inclement weather, inability to
provide transportation, government measures or regulations, and other causes or events beyond our
reasonable control, whether or not similar to the items listed above.
You may not export, download or re-export the Product to any country (national or resident) that is
subject to an embargo in force.
15. APPLICABLE LAW
The Product is intended for use and should only be used in countries where such use is legally
permitted.
In the event of a claim or action relating to or arising out of this EULA, and after an attempt to find an
amicable solution, the following rules shall apply, notwithstanding multiple defendants or warranty
claims, even for emergency proceedings or protective proceedings, in summary proceedings or by
motion:
If you reside in France, this EULA is governed by French law and express jurisdiction is vested in the
French courts. In the event of a dispute with us, you have the possibility to refer the matter to a
consumer mediator before any referral to the competent court.
If you reside in a country other than France, this EULA is governed by French law and express
jurisdiction is vested in the French courts, unless the laws of your country of residence provide
otherwise.
16. CLASS ACTION WAIVER
This Article 16 shall apply only to the extent permitted by the laws in force.
You agree not to bring or participate in any legal or class action, general action with a private
attorney, or class arbitration in connection with the Product or this EULA. You also agree not to seek
to combine any action or arbitration in connection with the Product or this Agreement with any
other action or arbitration without the consent of all parties to this EULA and any other actions or
arbitrations.