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EULA
Introduction
This End User License Agreement (the "Agreement") is a binding agreement between you ("User" or "you") and LittleArship which refer as "Owner". This Agreement governs your use of Stack Slayer which refer as “Our game”. The terms and conditions contained in the Agreement Owner reserves the right to change or modify any of the terms and conditions contained in the Agreement without notice and all such revisions are effective immediately upon posting and apply to all access to and continued use of our game.
BY DOWNLOADING/INSTALLING/USING OUR GAME, YOU:
• (A) ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THIS AGREEMENT;
• (B) YOU REPRESENT AND WARRANT THAT YOU ARE THE LEGAL AGE OF MAJORITY UNDER APPLICABLE LAW TO FORM A BINDING CONTRACT WITH US; AND,
• (C) YOU AGREE IF YOU ACCESS OUR GAME FROM A JURISDICTION WHERE IT IS NOT PERMITTED, YOU DO SO AT YOUR OWN RISK. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD/INSTALL/USE OUR GAME.
License
Subject to the terms of this Agreement, Owner grants you a limited, non-exclusive, revocable, non-transferable license to download, install, and use our game for your personal, non-commercial use on a single device owned or otherwise controlled by you ("Device") strictly in accordance with our game's documentation.
You shall not:
• (a) copy our game, except as expressly permitted by this Agreement;
• (b) modify, translate, adapt or otherwise create derivative works or improvements, whether or not patentable, of our game;
• (c) reverse engineer, disassemble, integrate, modify, remove, decompile, decode, create derivates works or updates of, adapt, or otherwise attempt to derive or gain access to the source code of our game or any part thereof;
• (d) remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices from our game, including any copy thereof;
• (e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available our game or any features or functionality of our game, to any third party for any reason, including by making our game available on a network where it is capable of being accessed by more than one device at any time; or
• (f) remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management or security features in or protecting our game.
Nothing in this Agreement should be interpreted to restrict third-party terms, including Steam Terms and Conditions and/or Steam Terms of Service. You must ensure that you comply with applicable third-party terms and conditions.
You acknowledge and agree that our game is provided under license, and not sold, to you. You do not acquire any ownership interest in our game under this Agreement, or any other rights thereto other than to use our game in accordance with the license granted, and subject to all terms, conditions and restrictions, under this Agreement. Owner and its licensors and service providers reserve and shall retain their entire right, title and interest in and to our game, including all copyrights, trademarks and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.
User Content
Our game may provide you with the opportunity to create, submit, post, display, transmit, publish, distribute, or broadcast content and materials to us or in our game, including but not limited to text, writings, video, audio, photographs, graphics, comments, feedback, or personal information or other material (collectively, "Content"). You are responsible for your use of our game and for any Content you provide, including compliance with applicable laws, rules, and regulations.
By submitting, posting or displaying Content on or through our game, you grant us a worldwide, non-exclusive, royalty-free license to use, copy, reproduce, process, disclose, adapt, modify, publish, transmit, display and distribute such Content for any purpose, commercial advertising, or otherwise, and to prepare derivative works of, or incorporate in other works, such as Content, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
We do not assert any ownership over your Content. You retain full ownership of all of your Content and any intellectual property rights or other proprietary rights associated with your Content. We are not liable for any statements or representations in your Content provided by you in any area in our game. You are solely responsible for your Content related to our game and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Content.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Content; (2) to recategorize any Content to place them in more appropriate locations in our game; and (3) to prescreen or delete any Content at any time and for any reason, without notice. We have no obligation to monitor your Content. Any use of our game in violation of this Agreement may result in, among other things, termination or suspension of your rights to use our game.
Collection and Use of Your Information
You acknowledge that when you download, install or use our game, Owner may use automatic means (including, for example, cookies and web beacons) to collect information about your Device and about your use of our game. You also may be required to provide certain information about yourself as a condition to downloading, installing or using our game or certain of its features or functionality, and our game may provide you with opportunities to share information about yourself with others. By downloading, installing, using and providing information to or through this software, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Updates
Owner may from time to time in its sole discretion develop and provide Software updates, which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that Owner has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Device settings, when your Device is connected to the internet either:
• (a) our game will automatically download and install all available Updates; or
• (b) modify, translate, adapt or otherwise create derivative works or improvements, whether or not patentable, of our game;
• (b) you may receive notice of or be prompted to download and install available Updates.
You shall promptly download and install all Updates and acknowledge and agree that our game or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of our game and be subject to all terms and conditions of this Agreement.
Term and Termination
The term of Agreement commences when you download/install our game and will continue in effect until terminated as provided herein (the "Term"). You may terminate this Agreement by deleting our game and all copies thereof from your Device. Owner may terminate this Agreement at any time without notice if it ceases to support our game, which Owner may do in its sole discretion. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement. Upon termination, all rights granted to you under this Agreement will also terminate and you must cease all use of our game and delete all copies of our game from your Device and account. Termination will not limit any of Owner's rights or remedies at law or in equity.
Disclaimer of Warranties
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED SOFTWARE IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR GAME IS PROVIDED TO LICENSEE "AS IS" AND “AS AVAILABLE,” WITH ALL FAULTS AND DEFECTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, OWNER, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO OUR GAME, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, OWNER PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT OUR GAME WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, SOFTWARES, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
OWNER WILL NOT BE LIABLE FOR ANY FAILURE TO PERFORM ANY RESPECTIVE OBLIGATIONS UNDER THIS EULA DUE TO ISP INTERRUPTIONS, SOFTWARE OR HARDWARE FAILURES, DELAYS AND/OR OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET, OR FOR ANY OTHER DAMAGES THAT ARE BEYOND REASONABLE CONTROL OF OWNER.
Idemnification
You agree to indemnify, defend and hold harmless Owner and its officers, directors, employees, agents, affiliates, successors and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys' fees, arising from or relating to your use or misuse of our game or your breach of this Agreement. Furthermore, you agree that Owner assumes no responsibility for the content you submit or make available through this Software.
Severability
If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.
Governing Law
This Agreement is governed by and construed in accordance with the internal laws of Thailand without giving effect to any choice or conflict of law provision, principle, or rule and notwithstanding your domicile, residence, or physical location. Any action or proceeding arising out of or relating to this Software and/or under this Agreement will be instituted in the Country of Thailand, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.
Contact Information
For general inquiries, complaints, questions or claims concerning our game, please contact: littlearship@gmail.com