| Language: |
End User Licence Agreement (EULA)
IMPORTANT: PLEASE READ THIS END USER LICENCE AGREEMENT CAREFULLY BEFORE USING THE SOFTWARE.
This End User Licence Agreement (“Agreement”) is a legal agreement between you (“User” or “you”) and ThePingoose, an individual trading as ThePingoose (the “Licensor”).
By downloading, installing, or using Down Below (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 Down Below 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.
2. Licence grant
2.1 Subject to your compliance with the terms of this Agreement, the Licensor grants to you a non-exclusive licence to:
(a) download, install, and use the Software on devices owned or controlled by you;
(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 Licence is granted for a perpetual period, unless terminated earlier in accordance with this Agreement.
2.3 The Licence is conditional upon your lawful acquisition of the Software.
3. Licence 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 this Agreement;
(b) modify, adapt, translate, or create derivative works based on the Software or the Documentation, except as expressly permitted under clause 3.2;
(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 the Software itself available 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;
(g) use the Software in any way that violates any applicable law or regulation; or
(h) use the Software to transmit any virus, worm, trojan horse, or other malicious code.
3.2 Permitted Modding and Fan-Made Content
You may create, share, and distribute mods, fan-made content, or derivative works (“Fan Content”) for the Software, subject to the following conditions:
(a) Fan Content must be non-commercial. You may not sell, license, or otherwise commercially exploit any Fan Content without the Licensor’s written permission.
(b) Fan Content may not include or distribute the Software, its assets, or any portion thereof, except for assets the Licensor has explicitly designated as modding resources.
(c) Fan Content must not misrepresent itself as official or endorsed by the Licensor.
(d) Fan Content must not contain malicious code, cheats, hacks, or content that interferes with the normal operation of the Software.
(e) The Licensor retains all ownership rights in the Software and its assets. You retain ownership of your original contributions to Fan Content.
(f) The Licensor may revoke permission to create or distribute Fan Content if you violate this Agreement or applicable law.
4. Intellectual property rights
4.1 The Software and the Documentation are protected by copyright laws and other intellectual property laws.
4.2 The Licensor (or its licensors) shall retain ownership of the Software, the Documentation, and all intellectual property rights therein.
4.3 The Licence does not grant you any rights to use the Licensor’s name, logo, or trademarks.
4.4 You acknowledge that the Software is licensed, not sold, and that this Agreement does not transfer ownership of the Software to you.
5. Updates
5.1 The Licensor may 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 Updates may be downloaded and installed automatically.
5.3 The Licensor is under no obligation to provide Updates to the Software.
6. Support
6.1 The Licensor may provide technical support for the Software via email at thepingoose@gmail.com.
6.2 Support services are limited to assistance with installation, configuration, and general use of the Software.
6.3 The Licensor may modify or discontinue support services at any time.
7. Disclaimer of warranties
7.1 To the maximum extent permitted by applicable law, the Software is provided “as is” and “as available” without warranties of any kind.
7.2 To the maximum extent permitted by applicable law, the Licensor disclaims warranties including, but not limited to, warranties of merchantability, fitness for a particular purpose, and non-infringement.
7.3 The Licensor does not guarantee that the Software will be uninterrupted, error-free, or free from harmful components, or that all defects will be corrected.
7.4 Nothing in this Agreement affects any rights you may have under applicable consumer protection laws that cannot legally be excluded or limited.
8. Limitation of liability
8.1 Nothing in this Agreement shall limit or exclude the Licensor’s liability for death or personal injury caused by negligence, fraud, or any other liability that cannot legally be limited or excluded.
8.2 To the maximum extent permitted by applicable law, the Licensor shall not be liable for indirect, incidental, special, or consequential losses arising from your use of the Software.
8.3 To the maximum extent permitted by applicable law, the Licensor’s total liability arising from or relating to the Software shall not exceed the amount you paid for the Software.
9. Term and termination
9.1 This Agreement is effective from the date you first install or use the Software and shall continue indefinitely unless terminated in accordance with this clause.
9.2 The Licensor may terminate this Agreement if you materially breach its terms. Where the breach is capable of being remedied, the Licensor may provide fourteen (14) days’ notice to remedy the breach before termination.
9.3 You may terminate this Agreement at any time by uninstalling the Software and destroying all copies of the Software in your possession or control.
10. Effects of termination
10.1 Upon termination of this Agreement:
(a) all rights and licences granted to you under this Agreement shall cease;
(b) you must cease all use of the Software; and
(c) you must delete or destroy all copies of the Software in your possession or control, including back-up copies.
10.2 Termination shall not affect any rights or obligations that arose before termination.
11. Children and minors
11.1 The Software does not impose a minimum age requirement for use. However, access to, purchase of, or use of the Software through Steam is subject to Steam’s applicable terms, age requirements, and account policies.
11.2 Users who are minors should obtain the consent of a parent or legal guardian before purchasing or using the Software where required by applicable law or the policies of the platform through which the Software is obtained.
12. General provisions
12.1 Entire agreement: This Agreement constitutes the entire agreement between you and the Licensor concerning the Software.
12.2 Variation: The Licensor may update this Agreement from time to time. Changes will apply to your future use of the Software. Your continued use of the Software after changes are posted constitutes acceptance of the updated terms, to the extent permitted by applicable law.
12.3 Severability: If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in effect.
12.4 Waiver: No failure or delay by the Licensor in exercising any right under this Agreement shall constitute a waiver of that right.
12.5 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.
12.6 Third party rights: A person who is not a party to this Agreement shall have no rights to enforce any term of this Agreement.
12.7 Refunds: Refunds for purchases made through Steam are handled in accordance with Steam’s applicable refund policy and any rights provided by applicable law.
13. Governing law
13.1 This Agreement shall be governed by and construed in accordance with the laws of the State of Connecticut, except where applicable law requires otherwise.
13.2 Any disputes arising from this Agreement shall be subject to the applicable courts of the State of Connecticut, except where applicable law requires otherwise.
14. Contact
14.1 If you have any questions about this Agreement, please contact us:
ThePingoose
Email: thepingoose@gmail.com
IMPORTANT: PLEASE READ THIS END USER LICENCE AGREEMENT CAREFULLY BEFORE USING THE SOFTWARE.
This End User Licence Agreement (“Agreement”) is a legal agreement between you (“User” or “you”) and ThePingoose, an individual trading as ThePingoose (the “Licensor”).
By downloading, installing, or using Down Below (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 Down Below 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.
2. Licence grant
2.1 Subject to your compliance with the terms of this Agreement, the Licensor grants to you a non-exclusive licence to:
(a) download, install, and use the Software on devices owned or controlled by you;
(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 Licence is granted for a perpetual period, unless terminated earlier in accordance with this Agreement.
2.3 The Licence is conditional upon your lawful acquisition of the Software.
3. Licence 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 this Agreement;
(b) modify, adapt, translate, or create derivative works based on the Software or the Documentation, except as expressly permitted under clause 3.2;
(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 the Software itself available 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;
(g) use the Software in any way that violates any applicable law or regulation; or
(h) use the Software to transmit any virus, worm, trojan horse, or other malicious code.
3.2 Permitted Modding and Fan-Made Content
You may create, share, and distribute mods, fan-made content, or derivative works (“Fan Content”) for the Software, subject to the following conditions:
(a) Fan Content must be non-commercial. You may not sell, license, or otherwise commercially exploit any Fan Content without the Licensor’s written permission.
(b) Fan Content may not include or distribute the Software, its assets, or any portion thereof, except for assets the Licensor has explicitly designated as modding resources.
(c) Fan Content must not misrepresent itself as official or endorsed by the Licensor.
(d) Fan Content must not contain malicious code, cheats, hacks, or content that interferes with the normal operation of the Software.
(e) The Licensor retains all ownership rights in the Software and its assets. You retain ownership of your original contributions to Fan Content.
(f) The Licensor may revoke permission to create or distribute Fan Content if you violate this Agreement or applicable law.
4. Intellectual property rights
4.1 The Software and the Documentation are protected by copyright laws and other intellectual property laws.
4.2 The Licensor (or its licensors) shall retain ownership of the Software, the Documentation, and all intellectual property rights therein.
4.3 The Licence does not grant you any rights to use the Licensor’s name, logo, or trademarks.
4.4 You acknowledge that the Software is licensed, not sold, and that this Agreement does not transfer ownership of the Software to you.
5. Updates
5.1 The Licensor may 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 Updates may be downloaded and installed automatically.
5.3 The Licensor is under no obligation to provide Updates to the Software.
6. Support
6.1 The Licensor may provide technical support for the Software via email at thepingoose@gmail.com.
6.2 Support services are limited to assistance with installation, configuration, and general use of the Software.
6.3 The Licensor may modify or discontinue support services at any time.
7. Disclaimer of warranties
7.1 To the maximum extent permitted by applicable law, the Software is provided “as is” and “as available” without warranties of any kind.
7.2 To the maximum extent permitted by applicable law, the Licensor disclaims warranties including, but not limited to, warranties of merchantability, fitness for a particular purpose, and non-infringement.
7.3 The Licensor does not guarantee that the Software will be uninterrupted, error-free, or free from harmful components, or that all defects will be corrected.
7.4 Nothing in this Agreement affects any rights you may have under applicable consumer protection laws that cannot legally be excluded or limited.
8. Limitation of liability
8.1 Nothing in this Agreement shall limit or exclude the Licensor’s liability for death or personal injury caused by negligence, fraud, or any other liability that cannot legally be limited or excluded.
8.2 To the maximum extent permitted by applicable law, the Licensor shall not be liable for indirect, incidental, special, or consequential losses arising from your use of the Software.
8.3 To the maximum extent permitted by applicable law, the Licensor’s total liability arising from or relating to the Software shall not exceed the amount you paid for the Software.
9. Term and termination
9.1 This Agreement is effective from the date you first install or use the Software and shall continue indefinitely unless terminated in accordance with this clause.
9.2 The Licensor may terminate this Agreement if you materially breach its terms. Where the breach is capable of being remedied, the Licensor may provide fourteen (14) days’ notice to remedy the breach before termination.
9.3 You may terminate this Agreement at any time by uninstalling the Software and destroying all copies of the Software in your possession or control.
10. Effects of termination
10.1 Upon termination of this Agreement:
(a) all rights and licences granted to you under this Agreement shall cease;
(b) you must cease all use of the Software; and
(c) you must delete or destroy all copies of the Software in your possession or control, including back-up copies.
10.2 Termination shall not affect any rights or obligations that arose before termination.
11. Children and minors
11.1 The Software does not impose a minimum age requirement for use. However, access to, purchase of, or use of the Software through Steam is subject to Steam’s applicable terms, age requirements, and account policies.
11.2 Users who are minors should obtain the consent of a parent or legal guardian before purchasing or using the Software where required by applicable law or the policies of the platform through which the Software is obtained.
12. General provisions
12.1 Entire agreement: This Agreement constitutes the entire agreement between you and the Licensor concerning the Software.
12.2 Variation: The Licensor may update this Agreement from time to time. Changes will apply to your future use of the Software. Your continued use of the Software after changes are posted constitutes acceptance of the updated terms, to the extent permitted by applicable law.
12.3 Severability: If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in effect.
12.4 Waiver: No failure or delay by the Licensor in exercising any right under this Agreement shall constitute a waiver of that right.
12.5 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.
12.6 Third party rights: A person who is not a party to this Agreement shall have no rights to enforce any term of this Agreement.
12.7 Refunds: Refunds for purchases made through Steam are handled in accordance with Steam’s applicable refund policy and any rights provided by applicable law.
13. Governing law
13.1 This Agreement shall be governed by and construed in accordance with the laws of the State of Connecticut, except where applicable law requires otherwise.
13.2 Any disputes arising from this Agreement shall be subject to the applicable courts of the State of Connecticut, except where applicable law requires otherwise.
14. Contact
14.1 If you have any questions about this Agreement, please contact us:
ThePingoose
Email: thepingoose@gmail.com