Language: |
END-USER LICENSE AGREEMENT
Last updated: 29th April 2025This End-User License Agreement (referred to as the "EULA") is a legally binding agreement between you, the Licensee, an individual customer or entity, and Pig Software, the company, and the author of The Periodic Table Game, the Software, which may include associated media, printed materials, and online or electronic documentation. This Agreement is a legally binding contract that includes terms that limit your legal rights and Licensors' liability to you, and shall govern all access to and use of the Software. You hereby agree, without limitation or alteration, to all the terms and conditions contained herein. By installing, copying, or otherwise using the Licensed Product (Software), the Licensee agrees to be bound by the terms and conditions outlined in this EULA. However, if the Licensee does not agree to the terms and conditions outlined in this EULA, the said Licensee may not download, install, or use Software.
Definitions
"EULA" shall refer to this End-User-License-Agreement, including any amendment to this Agreement.
"Licensee" shall refer to the individual or entity that downloads and uses the Software.
"Licensor" shall refer to the company or author, Pig Software.
"Software/Licensed product" shall mean The Periodic Table Game, the Licensed Product provided pursuant to this EULA.
Grant of License
Subject to the terms of this EULA, Pig Software hereby grants to the Licensee, a royalty-free, revocable, limited, non-exclusive license during the term of this EULA to possess and to use a copy of the Software. The Software is being distributed by Pig Software. Licensee is not allowed to make a charge for distributing the Software, either for profit or merely to recover media and distribution costs.
Intellectual Property
You hereby unconditionally agree that all right, title and interest in the copyrights and other intellectual property rights in the Licensed Product reside with the Licensor. The trademarks, logos, designs, and service marks appearing on the Licensed Product are registered and unregistered marks of the Licensor. Accordingly, nothing in this EULA or the Licensed Product grants you any right to use any form of intellectual property contained in the Licensed Product. Therefore, all rights, titles, interests, and copyrights in and/or to the Software, including but not limited to all images, graphics, animations, audio, video, music, text, data, code, algorithm, and information, are owned by the Licensor. Accordingly, the Software is protected by all applicable copyright laws and international treaties, and the Licensee must use the Software in compliance with all intellectual property rights, except as otherwise provided for in this EULA.
Description of Rights and Limitations
Installation and Use
Licensee may install and use the Software solely for Licensee’s personal, non-commercial purposes.
Reproduction and Distribution
Licensee may not duplicate or redistribute copies of the Software.
Licensee Limitation
The Licensee may not:
- Use the Software for any purpose other than personal and non-commercial purposes;
- Use the Software for any illegal or unlawful purpose;
- Gather, scrape, extract, or harvest any portion of the Software's content, design, structure, or user interface by automated or manual means without express permission; or
- Reverse engineer, decompile, or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding the limitation.
Update and Maintenance
Pig Software may, at its sole discretion, provide updates, patches, or maintenance releases. Pig Software is under no obligation to provide ongoing updates, enhancements, or support services.
Support
Pig Software has no obligation to provide support for the Software, or to continue updating it. The Software is provided 'as-is' with no guarantee of future availability, updates, patches, or compatibility with future hardware or software platforms.
General Provisions
Termination
In the event of termination, all licenses provided under this EULA shall immediately terminate, and you agree to discontinue accessing or attempting to access this Licensed product.
This EULA may be terminated in the following ways:
- Automatically terminated if the Licensee fails to comply with any of the terms and conditions under this EULA;
- Terminated by Pig Software; or
- Terminated by the Licensee.
Either Pig Software or the Licensee may terminate this EULA immediately upon written notice to the other party, including but not limited to electronic mail.
Non-Transferability
The Licensee may not assign, sell, sublicense, rent, lease, lend, or otherwise transfer the Software or any rights under this EULA without the prior written consent of Pig Software.
Notice
Any notice, report, approval or consent required under this EULA may be delivered by email, postal mail, or any other method agreed by the parties.
Integration
Both parties hereby agree that this EULA is the entire and exclusive statement and legal acknowledgment of the mutual understanding of the parties and supersedes and cancels any previous written and oral agreement and/or communication relating to the subject matter of this EULA.
Severability
No delay or failure to exercise, on the part of either party, any privilege, power or rights under this EULA shall operate as a waiver of any of the terms and provisions of this EULA. Accordingly, no single or partial exercise of any right under this Agreement shall preclude further exercise of any other right under this EULA. If any provision of this EULA is held to be unenforceable or invalid by a court of competent jurisdiction, such provision shall be limited to the minimum extent necessary, and the remainder of the EULA shall continue in full force and effect. The remaining provisions of this Agreement shall not be rendered unenforceable or invalid. They shall continue to be enforceable and valid in isolation of the unenforceable and invalid provisions of this EULA.
Warranty and Disclaimer
Pig Software provides The Periodic Table Game in good faith and makes reasonable efforts to ensure its proper functioning. However, to the maximum extent permitted by law, the Software and all accompanying materials are provided "as-is" and without warranties of any kind, either express or implied, except as required under the Australian Consumer Law or other applicable legislation.
Nothing in this EULA limits your rights as a consumer under the Australian Consumer Law, including guarantees that the product will be of acceptable quality, fit for purpose, and match its description. If the Software fails to meet a consumer guarantee and the failure is not a major failure, Pig Software will, at its discretion, provide a repair, replacement, or refund.
Limited Liability
To the fullest extent permitted by law, Pig Software shall not be liable for any indirect, incidental, special, or consequential loss or damage arising out of or in connection with your use or inability to use the Software, including loss of revenue, profits, or data.
Notwithstanding the above, if Pig Software is liable to you in relation to the Software under the Australian Consumer Law or any other applicable law, that liability is limited, at Pig Software’s option, to:
- the replacement of the Software or the supply of an equivalent;
- the repair of the Software;
- the payment of the cost of replacing the Software or of acquiring an equivalent; or
- the payment of the cost of having the Software repaired.
Indemnification
You hereby agree to indemnify and hold Pig Software harmless from and against all liabilities, damages, losses or expenses, including but not limited to reasonable attorney or other professional fees in any claim, demand, action or proceeding initiated by any third-party against Pig Software, arising from any of your acts, including without limitation, violating this EULA or any other agreement or any applicable law.
Entire Agreement
This Agreement rightly constitutes the entire understanding between Pig Software and the Licensee and all parties involved. It supersedes all prior agreements of the parties, whether written or oral, express or implied, statement, condition, or a representation or warranty.
Governing Law and Jurisdiction
This EULA shall be governed by and construed under the laws of the Australian Capital Territory, Australia, without regard to conflicts of law principles. The Licensee consents to the exclusive jurisdiction and venue of the courts located in the Australian Capital Territory.