END USER LICENSE AGREEMENT
Applicable from: 20 June 2012
1. GENERAL
1.1. For purposes of this Agreement "Licensed Application" means any software programs and/or services made available by Haunted Planet Studios Limited (a company incorporated in Ireland with registered number 482259), its subsidiaries and affiliates ("Application Provider") including, but not limited to downloadable/installable games for mobile devices or personal computers, and games and services accessed by means of a browser or other online communication method. The Licensed Application also includes updates and upgrades as well as accompanying manual(s), packaging and other written, files, electronic or online materials or documentation, and any and all copies of such software and its materials.
1.2. The Licensed Application is licensed to you for use only under the terms of this license. The Application Provider reserves all rights not expressly granted to you under the terms of this license.
1.3. By installing, using or accessing the Licensed Application or other materials included with the Licensed Application you hereby accept the terms of this Agreement. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL, USE OR ACCESS THE LICENSED APPLICATION.
2. AGE LIMIT
2.1. In order to use the Licensed Application you must be 13 years of age or older. If you are between 13 and 18 years of age, you must have your parent or legal guardian’s permission to use the Licensed Application and you must only use the Licensed Application when you are accompanied by your parent or legal guardian.
3. PERSONAL INJURY DISCLAIMER
3.1. THE LICENSED APPLICATION IS AN AUGMENTED REALITY APPLICATION WHICH REQUIRES INTERACITON WITH AND MOVEMENT THROUGH PHYSICAL SURRONDINGS. THE APPLICATION PROVIDER DOES NOT HAVE ANY CONTROL OVER THE PHYSICAL SURROUNDINGS IN WHICH YOU USE THE APPLICATION AND IT IS YOUR RESPONSIBILITY TO HAVE DUE REGARD FOR YOUR SURROUNDINGS AND PERSONAL SAFETY AND WELL BEING. PHYSICAL HAZARDS MAY BE OBSCURED WHEN VIEWED SOLELY THROUGH A MOBILE DEVICE AND YOU SHOULD TAKE CARE TO VIEW THE SURROUNDINGS DIRECTLY AS WELL AS THROUGH ANY MOBILE DEVICE.
3.2. YOU UNDERSTAND THE RISKS AND DANGERS OF SERIOUS BODILY INJURY, INCLUDING PERMANENT DISABILITY, PARALYSIS AND DEATH IN USING THIS LICENSED APPLICATION WITHOUT DUE CARE AND CONSIDERATION FOR YOUR SURROUNDINGS. YOU UNDERSTAND THAT THESE RISKS AND DANGERS ARE CAUSED BY YOUR OWN ACTIONS OR INACTIONS AND THE CONDITION IN WHICH YOU USE THE LICENSED APPLICATION. YOU FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND RESPONSIBILITY FOR LOSSES, COSTS AND DAMAGES THAT YOU MAY INCUR AS A RESULT OF USE OF THE LICENSED APPLICATION.
3.3. YOU USE THIS LICENSED APPLICATION ENTIRELY AT YOUR OWN RISK. THE APPLICATION PROVIDER CAN NOT BE HELD RESPONSIBLE FOR ANY INJURY OR ACCIDENT CAUSED BY THE USE OF THE LICENSED APPLICATION BY YOU OR YOUR ACTIONS OR INACTIONS IN USING THE LICENSED APPLICATION. THE APPLICATION PROVIDER IS NOT RESPONSIBLE FOR ANY LOSS, INJURY OR DAMAGE, HOWSOEVER CAUSED, TO YOU OR ANY THIRD PARTIES, YOUR PROPERTY OR CLOTHING BY USING THIS LICENSED APPLICATION.
4. SCOPE OF LICENSE
4.1. This license granted to you for the Licensed Application by the Application Provider is limited to a non-exclusive, non-transferable license to use one copy of the Licensed Application for your personal non-commercial use for gameplay on a single computer, mobile device or gaming unit that you own or control unless otherwise specified in the documentation.
4.2. You may not rent, lease, lend, sell, redistribute or sublicense the Licensed Application. You may not copy (except as expressly permitted by this license), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Licensed Application). You may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. Any attempt to do so is a violation of the rights of the Application Provider and its licensors. If you breach this restriction, you may be subject to prosecution and damages.
4.3. The terms of the license will govern any upgrades provided by Application Provider that replace and/or supplement the original Licensed Application, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
5. OWNERSHIP
5.1. The Licensed Application is being licensed to you and you hereby acknowledge that no title or ownership in the Licensed Application is being transferred or assigned and this Agreement should not be construed as a sale of any rights in the Licensed Application.
5.2. The Application Provider retains all right, title and interest to the Licensed Application, including, but not limited to, all copyrights, trade marks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, audiovisual effects, themes, characters, character names, stories, dialog, settings, artwork, sound effects, musical works, and moral rights whether registered or not and all applications thereof. The Licensed Application is protected by applicable laws and treaties throughout the world. All rights not expressly granted to you herein are reserved by the Application Provider.
6. INFORMATION COLLECTION AND CONSENT TO USE OF DATA
6.1. By installing, accessing or using the Licensed Application, you unconditionally, irrevocably and expressly consent to the collection and usage of data as set out in this paragraph including (where applicable) the transfer of data into a country outside of the European Economic Area.
6.2. You agree that Application Provider may collect and use technical data and related information, including but not limited to:
a) technical information about your device, system and application software, peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the Licensed Application;
b) Information about your location only while you are using the Licensed Application and only in respect of your use of the Licensed Application for the purpose of analyzing your use of the Licensed Application; and
c) information about the Licensed Application and its use such as settings (e.g., camera resolution settings, configuration settings), start and stop dates and times, camera on/off events, game events, target image obtained/lost events, and other general usage information.
6.3. You agree that Application Provider may collect and use personal information in accordance with the terms of the Privacy Policy.
6.4. The Application Provider may use this information, as long as it is in a form that does not personally identify you, to improve its products, updates, enhancements or to provide services or technologies to you.
7. WARRANTY
7.1. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND.
7.2. THE APPLICATION PROVIDER HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. THE APPLICATION PROVIDER DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE LICENSED APPLICATION OR THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE LICENSED APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE LICENSED APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED APPLICATION OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE APPLICATION PROVIDER OR ITS AUTHORISED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
7.3. AS 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 THE ABOVE EXCLUSION AND LIMITATIONS MAY ONLY APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICATION JURISDICTION.
8. LIMITATION OF LIABILITY
8.1. IN NO EVENT SHALL THE APPLICATION PROVIDER BE LIABLE ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM POSSESSION, ACCESS, USE OR MALFUNCTION OF THE LICENSED APPLICATION, INCLUDING, WITHOUT LIMITATION, DAMAGES TO PROPERTY, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURY, LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF APPLICATION PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8.2. AS SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. THIS LIMITATION OF LIABILITY SHALL NOT BE APPLICABLE SOLELY TO THE EXTENT THAT ANY SPECIFIC PROVISION OF THIS LIMITATION OF LIABILITY IS PROHIBITED BY ANY FEDERAL, STATE, OR MUNICIPAL LAW, WHICH CANNOT BE PRE-EMPTED. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
8.3. IN NO EVENT SHALL THE APPLICATION PROVIDER, ITS LICENSORS’ OR CHANNEL PARTNERS’ LIABILITY FOR ALL DAMAGES (EXCEPT AS REQUIRED BY APPLICABLE LAW) EXCEED THE ACTUAL PRICE PAID BY YOU FOR USE OF THE SOFTWARE OR FIFTY EUROS (€50), WHICHEVER LESS.
9. TERMINATION
9.1. The license is effective until terminated by you or the Application Provider. Your rights under this license will terminate automatically without notice from the Application Provider if you fail to comply with any term of this license. Upon termination of the license, you shall cease all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.
10. OTHER TERMS AND CONDITIONS
10.1. Third Party Materials. The Licensed Application may contain links to third party web sites ("Linked Sites"). These Linked Sites are not under the control of the Application Provider and it is not responsible for the contents of any Linked Sites, including without limitation, any links contained in a Linked Site, or any changes or updates to a Linked Site. The Application Provider is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Application Provider of the Linked Site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites. Any dealings with third parties (including advertisers) included within the Licensed Application or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. The Application Provider shall not be responsible or liable for any part of any such dealings or promotions.
10.2. Internet Connection. Use of the Licensed Application may require an Internet connection to access the Licensed Application or its internet-based features, authenticate the Licensed Application, or perform other functions. In order for certain features of the Licensed Application to operate properly, you may be required to have and maintain:
(a) an adequate internet connection and/or
(b) a valid and active account with an online service.
If you do not maintain such accounts, then the Software or certain features of the Software may not operate or may cease to function properly, either in whole or in part.
10.3. Data Charges. Your mobile operator or internet service provider may impose operator data charges or internet access fees to use the Licensed Application or its functions. The Application Provider is not responsible for these data charges.
10.4. Modification of Licensed Application. The Application Provider, and its licensors, reserves the right to change, suspend, remove, or disable access to any part of the Licensed Application at any time without notice. In no event will the Application Provider be liable for the removal of or disabling of access to any part of the Licensed Application. The Application Provider may also impose limits on the use of or access to certain parts of the Licensed Application, in any case and without notice or liability.
10.5. Indemnity. You agree to indemnify, defend and hold the Application Provider, its partners, contractors, officers, directors, employees and agents harmless from and against any and all damages, losses and expenses arising directly or indirectly from your acts and omissions to act in using the Licensed Application pursuant to the terms of the Agreement or your breach of this Agreement.
10.6. Complete Agreement. This Agreement and any documents referred to in it, constitute the whole agreement between the parties and supersede any previous arrangement, understanding or agreement between them relating to the subject matter they cover.
10.7. Governing Law. This agreement and any disputes or claims arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) are governed by, and construed in accordance with, the law of Ireland. The parties irrevocably agree that the courts of Ireland have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).