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End User License Agreement (EULA)
IMPORTANT: PLEASE READ THIS END USER LICENSE AGREEMENT CAREFULLY BEFORE USING THE SOFTWARE.
This End User License Agreement ("Agreement") is a legal agreement between you ("User" or "you") and GameGlis d.o.o., a limited liability company organised under the laws of Republic of Croatia (the "Licensor").
By downloading from our websites or other expressly authorized sources (e.g. Google Store, Apple Store, Steam etc.) using and installing the Covert Koalas: Phasco (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.
This Software is a game and its sole purpose is to have fun, not to infringe on others' rights, laws nor to be harmful, derogatory or alike. Please enjoy the hard work put into making the Software, we're glad you've decided to give it a try!
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 "License" means the license granted to you under clause 2 of this Agreement.
1.3 "Software" means the Covert Koalas: Phasco 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. 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 from an authorized app store or webpage, install, and use the Software on one (1) device owned or controlled by you, solely for your personal, non-commercial purposes;
(b) use the Documentation in support of your permitted use of the Software;
(c) make a reasonable number of back-up copies of the Software, provided that such copies are used only for back-up purposes;
(d) transfer the Software Product from one computer to another provided it is used on only one computer at any one time and any computer on which it is used is under your custody and control at the time of use.
2.2 The License is granted for a perpetual period, unless terminated earlier in accordance with this Agreement, or at the sole discretion of the Licensor.
2.3 The license is conditional upon payment of any applicable license fee.
3. License restrictions and usage data
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;
(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.
3.2. We may from time to time during your gameplay collect non-personally identifiable information about your usage of Software for different business purposes connected to the Software, for example - online Steam leaderboards.
4. Intellectual property rights
4.1 The Software, all the content contained therein, in any form, 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 and its content, 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. Disclaimer of warranties
5.1 The Software is provided "as is" and "as available" without warranty of any kind, whether express, implied, statutory, or otherwise.
5.2 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.
5.3 The Licensor does not warrant that the Software will be uninterrupted, error-free, secure, or free from viruses or other harmful components, or from any harm done to the device or persons using it, or that defects will be corrected.
5.4 Nothing in this clause shall affect your statutory rights as a consumer under the Consumer Rights Act 2015 or other applicable consumer protection legislation.
6. Limitation of liability
6.1 Subject to clause 6.1, the Licensor shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any damages whatsoever, including, but not limited to: (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.
6.2 Subject to clause 6.1, 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.
7. Indemnification
7.1 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.
8. Term and termination
8.1 This Agreement is effective from the date you first download and install or use the Software and shall continue for the License Term unless terminated earlier in accordance with this clause.
8.2 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.
8.3 You may terminate this Agreement at any time by uninstalling the Software and destroying all copies in your possession or control.
8.4 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.
9. Effects of termination
9.1 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.
9.2 Termination of this Agreement shall not affect any rights, remedies, obligations, or liabilities that have accrued up to the date of termination.
10. Children and minors
10.1 The Software is available to underage users with the verifiable consent of a parent or legal guardian.
10.2 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 using the contact info at the end.
10.3 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.
11. Export compliance
11.1 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.
11.2 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.
12. General provisions
12.1 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.
12.2 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.
12.3 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.
12.4 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.
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 not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement.
13. Governing law and jurisdiction
13.1 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 law of Republic of Croatia.
13.2 Each party irrevocably agrees that the courts of Republic of Croatia shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement.
13.3 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.
14. Third-party services
14.1 The Software may integrate with or provide access to third-party services, applications, or websites ("Third-Party Services").
14.2 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.
14.3 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.
15. Contact
15.1 If you have any questions about this Agreement, please contact us:
GameGlis d.o.o.
VAT ID: HR73682899035
https://gameglis.com/index.php/contact/.
IMPORTANT: PLEASE READ THIS END USER LICENSE AGREEMENT CAREFULLY BEFORE USING THE SOFTWARE.
This End User License Agreement ("Agreement") is a legal agreement between you ("User" or "you") and GameGlis d.o.o., a limited liability company organised under the laws of Republic of Croatia (the "Licensor").
By downloading from our websites or other expressly authorized sources (e.g. Google Store, Apple Store, Steam etc.) using and installing the Covert Koalas: Phasco (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.
This Software is a game and its sole purpose is to have fun, not to infringe on others' rights, laws nor to be harmful, derogatory or alike. Please enjoy the hard work put into making the Software, we're glad you've decided to give it a try!
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 "License" means the license granted to you under clause 2 of this Agreement.
1.3 "Software" means the Covert Koalas: Phasco 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. 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 from an authorized app store or webpage, install, and use the Software on one (1) device owned or controlled by you, solely for your personal, non-commercial purposes;
(b) use the Documentation in support of your permitted use of the Software;
(c) make a reasonable number of back-up copies of the Software, provided that such copies are used only for back-up purposes;
(d) transfer the Software Product from one computer to another provided it is used on only one computer at any one time and any computer on which it is used is under your custody and control at the time of use.
2.2 The License is granted for a perpetual period, unless terminated earlier in accordance with this Agreement, or at the sole discretion of the Licensor.
2.3 The license is conditional upon payment of any applicable license fee.
3. License restrictions and usage data
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;
(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.
3.2. We may from time to time during your gameplay collect non-personally identifiable information about your usage of Software for different business purposes connected to the Software, for example - online Steam leaderboards.
4. Intellectual property rights
4.1 The Software, all the content contained therein, in any form, 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 and its content, 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. Disclaimer of warranties
5.1 The Software is provided "as is" and "as available" without warranty of any kind, whether express, implied, statutory, or otherwise.
5.2 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.
5.3 The Licensor does not warrant that the Software will be uninterrupted, error-free, secure, or free from viruses or other harmful components, or from any harm done to the device or persons using it, or that defects will be corrected.
5.4 Nothing in this clause shall affect your statutory rights as a consumer under the Consumer Rights Act 2015 or other applicable consumer protection legislation.
6. Limitation of liability
6.1 Subject to clause 6.1, the Licensor shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any damages whatsoever, including, but not limited to: (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.
6.2 Subject to clause 6.1, 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.
7. Indemnification
7.1 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.
8. Term and termination
8.1 This Agreement is effective from the date you first download and install or use the Software and shall continue for the License Term unless terminated earlier in accordance with this clause.
8.2 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.
8.3 You may terminate this Agreement at any time by uninstalling the Software and destroying all copies in your possession or control.
8.4 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.
9. Effects of termination
9.1 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.
9.2 Termination of this Agreement shall not affect any rights, remedies, obligations, or liabilities that have accrued up to the date of termination.
10. Children and minors
10.1 The Software is available to underage users with the verifiable consent of a parent or legal guardian.
10.2 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 using the contact info at the end.
10.3 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.
11. Export compliance
11.1 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.
11.2 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.
12. General provisions
12.1 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.
12.2 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.
12.3 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.
12.4 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.
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 not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement.
13. Governing law and jurisdiction
13.1 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 law of Republic of Croatia.
13.2 Each party irrevocably agrees that the courts of Republic of Croatia shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement.
13.3 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.
14. Third-party services
14.1 The Software may integrate with or provide access to third-party services, applications, or websites ("Third-Party Services").
14.2 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.
14.3 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.
15. Contact
15.1 If you have any questions about this Agreement, please contact us:
GameGlis d.o.o.
VAT ID: HR73682899035
https://gameglis.com/index.php/contact/.