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End User License Agreement (EULA)
IMPORTANT: PLEASE READ THIS END USER LICENCE AGREEMENT CAREFULLY BEFORE USING THE SOFTWARE.
This End User License Agreement (“Agreement”) is a legal agreement between you (“User” or “you”) and Duel Studios, LLC, a limited liability company organized under the laws of State of Louisiana (the “Licensor”).
By downloading and installing the eMojiMayhem (the “Software”), you agree to be bound by the terms and conditions of this Agreement. If you do not agree to these terms, do not install or use the Software.
1. Definitions
1.1 “Documentation” means the user guides, manuals, help files, and other documentation for the Software, whether in printed or electronic form.
1.2 “Licence” means the licence granted to you under clause 2 of this Agreement.
1.3 “Software” means the MojiMayhem application in object code form, including any Updates provided under this Agreement.
1.4 “Updates” means updates, patches, bug fixes, and error corrections to the Software.
1.5 “User Content” means any content, data, text, images, or other materials that you create, upload, submit, or transmit through the Software.
2. License grant
2.1 Subject to your compliance with the terms of this Agreement, the Licensor grants to you a non-exclusive, non-transferable, non-sublicensable, revocable license to:
(a) download, install, and use the Software on an unlimited number of devices owned or controlled by you, solely for your personal, non-commercial purposes; and
(b) use the Documentation in support of your permitted use of the Software; and
(c) make a reasonable number of back-up copies of the Software, provided that such copies are used only for back-up purposes.
2.2 The License is granted for a perpetual period, unless terminated earlier in accordance with this Agreement.
2.3 The License is conditional upon payment of the applicable license fee.
3. License restrictions
3.1 You shall not, except as expressly permitted by this Agreement or by applicable law:
(a) copy or reproduce the Software, except as expressly permitted under clause 2;
(b) modify, adapt, translate, or create derivative works based on the Software or the Documentation;
(c) reverse engineer, disassemble, decompile, or otherwise attempt to derive the source code of the Software, except to the extent that such activity is expressly permitted by applicable law;
(d) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Software or any features thereof to any third party;
(e) remove, alter, or obscure any proprietary notices, labels, or marks on the Software or Documentation;
(f) use the Software for the purpose of building a competitive product or service, or for benchmarking or competitive analysis;
(g) use the Software in any way that violates any applicable law or regulation;
(h) use the Software to transmit any virus, worm, trojan horse, or other malicious code.
4. Intellectual property rights
4.1 The Software and the Documentation are protected by copyright laws and international treaties, as well as other intellectual property laws.
4.2 The Licensor (or its licensors) shall at all times retain ownership of the Software, the Documentation, and all intellectual property rights therein, including copyright, patent rights, trade mark rights, design rights, database rights, and trade secret rights.
4.3 The License does not grant you any rights to use the Licensor’s name, logo, or trade marks.
4.4 You acknowledge that the Software is licensed, not sold, and that this Agreement does not transfer any title or ownership interest in the Software to you.
5. Updates
5.1 The Licensor may, at its sole discretion, provide Updates to the Software from time to time. Such Updates shall be deemed part of the Software and subject to the terms of this Agreement.
5.2 You acknowledge that Updates may be downloaded and installed automatically. You consent to such automatic updating.
5.3 The Licensor is under no obligation to provide any Updates to the Software.
6. Support
6.1 The Licensor shall provide reasonable technical support for the Software via email at support@duelstudios.xyz.
6.2 Support services are limited to assistance with installation, configuration, and general use of the Software, and do not include customisation, training, or consultancy services.
6.3 The Licensor reserves the right to modify or discontinue support services at any time upon reasonable notice.
7. Collection of data
7.1 The Software may collect certain data, including usage statistics, technical data about your device, and crash reports (“Usage Data”).
7.2 The Licensor may use the Usage Data for the purposes of improving the Software, providing support, and for analytics and product development.
7.3 The Licensor’s collection and use of personal data in connection with the Software is governed by the Licensor’s privacy policy.
7.4 The Licensor shall comply with its obligations under the UK GDPR, the EU GDPR, and the Data Protection Act 2018 in respect of any personal data processed in connection with the Software.
8. User content
8.1 You retain ownership of any intellectual property rights that you hold in your User Content.
8.2 By submitting User Content through the Software, you grant to the Licensor a worldwide, non-exclusive, royalty-free, sublicensable license to use, reproduce, modify, adapt, publish, and display your User Content solely for the purpose of operating and improving the Software.
8.3 You represent and warrant that: (a) you own or have the necessary rights to submit your User Content; and (b) your User Content does not infringe any third-party intellectual property rights or violate any applicable law.
8.4 The Licensor reserves the right to remove any User Content that, in its sole discretion, violates this Agreement or is otherwise objectionable.
8.5 The Licensor is not responsible for any User Content submitted by users of the Software.
9. Third-party services
9.1 The Software may integrate with or provide access to third-party services, applications, or websites (“Third-Party Services”).
9.2 Your use of any Third-Party Services is subject to the terms and conditions and privacy policies of the relevant third-party providers. The Licensor is not responsible for the content, functionality, or practices of any Third-Party Services.
9.3 The Licensor does not warrant or endorse any Third-Party Services, and shall not be liable for any loss or damage arising from your use of any Third-Party Services.
10. Disclaimer of warranties
10.1 The Software is provided “as is” and “as available” without warranty of any kind, whether express, implied, statutory, or otherwise.
10.2 To the maximum extent permitted by applicable law, the Licensor disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
10.3 The Licensor does not warrant that the Software will be uninterrupted, error-free, secure, or free from viruses or other harmful components, or that defects will be corrected.
10.4 Nothing in this clause shall affect your statutory rights as a consumer under the Consumer Rights Act 2015 or other applicable consumer protection legislation.
11. Limitation of liability
11.1 Nothing in this Agreement shall limit or exclude the Licensor’s liability for: (a) death or personal injury caused by its negligence; (b) fraud or fraudulent misrepresentation; or (c) any other liability which cannot be limited or excluded by applicable law.
11.2 Subject to clause 11.1, the Licensor shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any: (a) loss of profits; (b) loss of sales or business; (c) loss of data or corruption of data; (d) loss of goodwill; (e) loss of anticipated savings; or (f) any indirect or consequential loss, arising under or in connection with this Agreement.
11.3 Subject to clause 11.1, the Licensor’s total aggregate liability to you in respect of all claims arising under or in connection with this Agreement shall not exceed the total license fees paid by you to the Licensor in the twelve (12) months preceding the event giving rise to the claim.
12. Indemnification
12.1 You agree to indemnify, defend, and hold harmless the Licensor and its officers, directors, employees, and agents from and against any and all claims, demands, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or in connection with: (a) your use of the Software in breach of this Agreement; (b) your violation of any applicable law or regulation; or (c) your violation of any third-party right, including any intellectual property right or right of privacy.
13. Term and termination
13.1 This Agreement is effective from the date you first install the Software and shall continue for the License Term unless terminated earlier in accordance with this clause.
13.2 The Licensor may terminate this Agreement immediately by giving written notice to you if you commit a material breach of this Agreement which (if capable of remedy) is not remedied within fourteen (14) days of receiving written notice requiring it to be remedied.
13.3 You may terminate this Agreement at any time by uninstalling the Software and destroying all copies in your possession or control.
13.4 The Licensor may terminate this Agreement immediately if: (a) you become insolvent or enter into bankruptcy proceedings; or (b) the Licensor ceases to make the Software available.
14. Effects of termination
14.1 Upon termination of this Agreement for any reason:
(a) all rights and licenses granted to you under this Agreement shall immediately cease;
(b) you must immediately cease all use of the Software;
(c) you must delete or destroy all copies of the Software in your possession or control, including all back-up copies; and
(d) any provision of this Agreement that expressly or by implication is intended to survive termination shall remain in full force and effect.
14.2 Termination of this Agreement shall not affect any rights, remedies, obligations, or liabilities that have accrued up to the date of termination.
15. Children and minors
15.1 The Software is available to users under the age of 13 only with the verifiable consent of a parent or legal guardian.
15.2 The Licensor complies with the United States Children’s Online Privacy Protection Act (COPPA). If you are a parent or guardian and believe that your child has provided personal information without your consent, please contact us at support@duelstudios.xyz.
15.3 The parent or legal guardian of a minor user agrees to be bound by this Agreement on behalf of the minor and to be responsible for the minor’s use of the Software.
16. Export compliance
16.1 The Software may be subject to export control laws and regulations. You agree that you shall not export, re-export, or transfer the Software in violation of any applicable export control laws or regulations.
16.2 You represent and warrant that you are not located in, or a national or resident of, any country that is subject to applicable government embargo, and that you are not listed on any government list of prohibited or restricted parties.
17. General provisions
17.1 Entire agreement: This Agreement constitutes the entire agreement between you and the Licensor in relation to the Software and supersedes all previous agreements and understandings.
17.2 Variation: The Licensor reserves the right to modify this Agreement at any time. Any modifications shall be effective upon posting of the modified Agreement. Your continued use of the Software after such modifications constitutes your acceptance of the modified terms.
17.3 Severability: If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
17.4 Waiver: No failure or delay by the Licensor in exercising any right or remedy under this Agreement shall constitute a waiver of that right or remedy.
17.5 Assignment: You may not assign or transfer this Agreement without the prior written consent of the Licensor. The Licensor may assign or transfer this Agreement without your consent.
17.6 Third party rights: A person who is not a party to this Agreement shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement.
18. Governing law and jurisdiction
18.1 This Agreement and any dispute or claim arising out of or in connection with it shall be governed by and construed in accordance with the laws of the State of Louisiana.
18.2 Each party irrevocably agrees that the courts of State of Louisiana shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement.
18.3 Arbitration (US users): If you are located in the United States, any dispute arising out of or relating to this Agreement shall, at the Licensor’s option, be resolved by binding arbitration in accordance with the rules of the American Arbitration Association. You agree that any arbitration shall be conducted on an individual basis and not as a class action or representative proceeding.
19. Contact
19.1 If you have any questions about this Agreement, please contact us:
Duel Studios, LLC
100 Nectarine Street, Galliano, LA 70354
Email: support@duelstudios.xyz
Website: https://duelstudios.xyz
20. Event of Service Cancellation
20.1 We believe in the movement that games you get should live on forever. In the case of Service Cancellation where we are no longer in the ability to run game servers on our own, we will patch the Software with fixes to transform it to using our services to explicitly use peer to peer networking technology. Such technology includes usage of Valve’s Steam Networking Sockets. From then on, it will be considered a “Community Edition” where we no longer hold data and nothing reports to us again. Any data the game uses will be localized to your system and no longer accessible from our services.
20.2 The Community Edition will then no longer receive game updates such as new content or software updates (e.g. patching the game).
IMPORTANT: PLEASE READ THIS END USER LICENCE AGREEMENT CAREFULLY BEFORE USING THE SOFTWARE.
This End User License Agreement (“Agreement”) is a legal agreement between you (“User” or “you”) and Duel Studios, LLC, a limited liability company organized under the laws of State of Louisiana (the “Licensor”).
By downloading and installing the eMojiMayhem (the “Software”), you agree to be bound by the terms and conditions of this Agreement. If you do not agree to these terms, do not install or use the Software.
1. Definitions
1.1 “Documentation” means the user guides, manuals, help files, and other documentation for the Software, whether in printed or electronic form.
1.2 “Licence” means the licence granted to you under clause 2 of this Agreement.
1.3 “Software” means the MojiMayhem application in object code form, including any Updates provided under this Agreement.
1.4 “Updates” means updates, patches, bug fixes, and error corrections to the Software.
1.5 “User Content” means any content, data, text, images, or other materials that you create, upload, submit, or transmit through the Software.
2. License grant
2.1 Subject to your compliance with the terms of this Agreement, the Licensor grants to you a non-exclusive, non-transferable, non-sublicensable, revocable license to:
(a) download, install, and use the Software on an unlimited number of devices owned or controlled by you, solely for your personal, non-commercial purposes; and
(b) use the Documentation in support of your permitted use of the Software; and
(c) make a reasonable number of back-up copies of the Software, provided that such copies are used only for back-up purposes.
2.2 The License is granted for a perpetual period, unless terminated earlier in accordance with this Agreement.
2.3 The License is conditional upon payment of the applicable license fee.
3. License restrictions
3.1 You shall not, except as expressly permitted by this Agreement or by applicable law:
(a) copy or reproduce the Software, except as expressly permitted under clause 2;
(b) modify, adapt, translate, or create derivative works based on the Software or the Documentation;
(c) reverse engineer, disassemble, decompile, or otherwise attempt to derive the source code of the Software, except to the extent that such activity is expressly permitted by applicable law;
(d) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Software or any features thereof to any third party;
(e) remove, alter, or obscure any proprietary notices, labels, or marks on the Software or Documentation;
(f) use the Software for the purpose of building a competitive product or service, or for benchmarking or competitive analysis;
(g) use the Software in any way that violates any applicable law or regulation;
(h) use the Software to transmit any virus, worm, trojan horse, or other malicious code.
4. Intellectual property rights
4.1 The Software and the Documentation are protected by copyright laws and international treaties, as well as other intellectual property laws.
4.2 The Licensor (or its licensors) shall at all times retain ownership of the Software, the Documentation, and all intellectual property rights therein, including copyright, patent rights, trade mark rights, design rights, database rights, and trade secret rights.
4.3 The License does not grant you any rights to use the Licensor’s name, logo, or trade marks.
4.4 You acknowledge that the Software is licensed, not sold, and that this Agreement does not transfer any title or ownership interest in the Software to you.
5. Updates
5.1 The Licensor may, at its sole discretion, provide Updates to the Software from time to time. Such Updates shall be deemed part of the Software and subject to the terms of this Agreement.
5.2 You acknowledge that Updates may be downloaded and installed automatically. You consent to such automatic updating.
5.3 The Licensor is under no obligation to provide any Updates to the Software.
6. Support
6.1 The Licensor shall provide reasonable technical support for the Software via email at support@duelstudios.xyz.
6.2 Support services are limited to assistance with installation, configuration, and general use of the Software, and do not include customisation, training, or consultancy services.
6.3 The Licensor reserves the right to modify or discontinue support services at any time upon reasonable notice.
7. Collection of data
7.1 The Software may collect certain data, including usage statistics, technical data about your device, and crash reports (“Usage Data”).
7.2 The Licensor may use the Usage Data for the purposes of improving the Software, providing support, and for analytics and product development.
7.3 The Licensor’s collection and use of personal data in connection with the Software is governed by the Licensor’s privacy policy.
7.4 The Licensor shall comply with its obligations under the UK GDPR, the EU GDPR, and the Data Protection Act 2018 in respect of any personal data processed in connection with the Software.
8. User content
8.1 You retain ownership of any intellectual property rights that you hold in your User Content.
8.2 By submitting User Content through the Software, you grant to the Licensor a worldwide, non-exclusive, royalty-free, sublicensable license to use, reproduce, modify, adapt, publish, and display your User Content solely for the purpose of operating and improving the Software.
8.3 You represent and warrant that: (a) you own or have the necessary rights to submit your User Content; and (b) your User Content does not infringe any third-party intellectual property rights or violate any applicable law.
8.4 The Licensor reserves the right to remove any User Content that, in its sole discretion, violates this Agreement or is otherwise objectionable.
8.5 The Licensor is not responsible for any User Content submitted by users of the Software.
9. Third-party services
9.1 The Software may integrate with or provide access to third-party services, applications, or websites (“Third-Party Services”).
9.2 Your use of any Third-Party Services is subject to the terms and conditions and privacy policies of the relevant third-party providers. The Licensor is not responsible for the content, functionality, or practices of any Third-Party Services.
9.3 The Licensor does not warrant or endorse any Third-Party Services, and shall not be liable for any loss or damage arising from your use of any Third-Party Services.
10. Disclaimer of warranties
10.1 The Software is provided “as is” and “as available” without warranty of any kind, whether express, implied, statutory, or otherwise.
10.2 To the maximum extent permitted by applicable law, the Licensor disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
10.3 The Licensor does not warrant that the Software will be uninterrupted, error-free, secure, or free from viruses or other harmful components, or that defects will be corrected.
10.4 Nothing in this clause shall affect your statutory rights as a consumer under the Consumer Rights Act 2015 or other applicable consumer protection legislation.
11. Limitation of liability
11.1 Nothing in this Agreement shall limit or exclude the Licensor’s liability for: (a) death or personal injury caused by its negligence; (b) fraud or fraudulent misrepresentation; or (c) any other liability which cannot be limited or excluded by applicable law.
11.2 Subject to clause 11.1, the Licensor shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any: (a) loss of profits; (b) loss of sales or business; (c) loss of data or corruption of data; (d) loss of goodwill; (e) loss of anticipated savings; or (f) any indirect or consequential loss, arising under or in connection with this Agreement.
11.3 Subject to clause 11.1, the Licensor’s total aggregate liability to you in respect of all claims arising under or in connection with this Agreement shall not exceed the total license fees paid by you to the Licensor in the twelve (12) months preceding the event giving rise to the claim.
12. Indemnification
12.1 You agree to indemnify, defend, and hold harmless the Licensor and its officers, directors, employees, and agents from and against any and all claims, demands, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or in connection with: (a) your use of the Software in breach of this Agreement; (b) your violation of any applicable law or regulation; or (c) your violation of any third-party right, including any intellectual property right or right of privacy.
13. Term and termination
13.1 This Agreement is effective from the date you first install the Software and shall continue for the License Term unless terminated earlier in accordance with this clause.
13.2 The Licensor may terminate this Agreement immediately by giving written notice to you if you commit a material breach of this Agreement which (if capable of remedy) is not remedied within fourteen (14) days of receiving written notice requiring it to be remedied.
13.3 You may terminate this Agreement at any time by uninstalling the Software and destroying all copies in your possession or control.
13.4 The Licensor may terminate this Agreement immediately if: (a) you become insolvent or enter into bankruptcy proceedings; or (b) the Licensor ceases to make the Software available.
14. Effects of termination
14.1 Upon termination of this Agreement for any reason:
(a) all rights and licenses granted to you under this Agreement shall immediately cease;
(b) you must immediately cease all use of the Software;
(c) you must delete or destroy all copies of the Software in your possession or control, including all back-up copies; and
(d) any provision of this Agreement that expressly or by implication is intended to survive termination shall remain in full force and effect.
14.2 Termination of this Agreement shall not affect any rights, remedies, obligations, or liabilities that have accrued up to the date of termination.
15. Children and minors
15.1 The Software is available to users under the age of 13 only with the verifiable consent of a parent or legal guardian.
15.2 The Licensor complies with the United States Children’s Online Privacy Protection Act (COPPA). If you are a parent or guardian and believe that your child has provided personal information without your consent, please contact us at support@duelstudios.xyz.
15.3 The parent or legal guardian of a minor user agrees to be bound by this Agreement on behalf of the minor and to be responsible for the minor’s use of the Software.
16. Export compliance
16.1 The Software may be subject to export control laws and regulations. You agree that you shall not export, re-export, or transfer the Software in violation of any applicable export control laws or regulations.
16.2 You represent and warrant that you are not located in, or a national or resident of, any country that is subject to applicable government embargo, and that you are not listed on any government list of prohibited or restricted parties.
17. General provisions
17.1 Entire agreement: This Agreement constitutes the entire agreement between you and the Licensor in relation to the Software and supersedes all previous agreements and understandings.
17.2 Variation: The Licensor reserves the right to modify this Agreement at any time. Any modifications shall be effective upon posting of the modified Agreement. Your continued use of the Software after such modifications constitutes your acceptance of the modified terms.
17.3 Severability: If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
17.4 Waiver: No failure or delay by the Licensor in exercising any right or remedy under this Agreement shall constitute a waiver of that right or remedy.
17.5 Assignment: You may not assign or transfer this Agreement without the prior written consent of the Licensor. The Licensor may assign or transfer this Agreement without your consent.
17.6 Third party rights: A person who is not a party to this Agreement shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement.
18. Governing law and jurisdiction
18.1 This Agreement and any dispute or claim arising out of or in connection with it shall be governed by and construed in accordance with the laws of the State of Louisiana.
18.2 Each party irrevocably agrees that the courts of State of Louisiana shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement.
18.3 Arbitration (US users): If you are located in the United States, any dispute arising out of or relating to this Agreement shall, at the Licensor’s option, be resolved by binding arbitration in accordance with the rules of the American Arbitration Association. You agree that any arbitration shall be conducted on an individual basis and not as a class action or representative proceeding.
19. Contact
19.1 If you have any questions about this Agreement, please contact us:
Duel Studios, LLC
100 Nectarine Street, Galliano, LA 70354
Email: support@duelstudios.xyz
Website: https://duelstudios.xyz
20. Event of Service Cancellation
20.1 We believe in the movement that games you get should live on forever. In the case of Service Cancellation where we are no longer in the ability to run game servers on our own, we will patch the Software with fixes to transform it to using our services to explicitly use peer to peer networking technology. Such technology includes usage of Valve’s Steam Networking Sockets. From then on, it will be considered a “Community Edition” where we no longer hold data and nothing reports to us again. Any data the game uses will be localized to your system and no longer accessible from our services.
20.2 The Community Edition will then no longer receive game updates such as new content or software updates (e.g. patching the game).