END USER LICENSE AGREEMENT
IMPORTANT INFORMATION - PLEASE READ THIS AGREEMENT CAREFULLY BEFORE INSTALLING THE GAME. ANY USE OF THE SOFTWARE INCLUDING ANY REVISIONS, MODIFICATIONS, ENHANCEMENTS, UPDATES AND/OR UPGRADES THERETO (HEREINAFTER “SOFTWARE”) SUPPLIED BY HYPERKANI OY (THE "COMPANY”) ARE AND SHALL BE, SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT. BY USING THE SOFTWARE AND/OR BY INSTALLING THE SOFTWARE ON YOUR MOBILE PHONE YOU ARE ACCEPTING THIS AGREEMENT AND AGREEING TO BE BOUND BY ITS TERMS AND CONDITIONS.
IF YOU DO NOT AGREE TO THIS AGREEMENT OR ARE NOT WILLING TO BE BOUND BY IT, DO NOT INSTALL THE SOFTWARE AND PROMPTLY ERASE THE SOFTWARE, AND ANY PART THEREOF, FROM YOUR MOBILE PHONE AND DO NOT USE IT IN ANY MANNER WHATSOEVER.
- Title & Ownership. The Software and the related documentation ARE NOT FOR SALE and are and shall remain in the Company’s sole property. All intellectual property rights (including, without limitation, copyrights, trade secrets, trademarks, etc.) evidenced by or embodied in and/or attached/connected/related to the Software are and shall be owned solely by the Company or its licensors. This Agreement does not convey to you an interest in or to the Software but only a limited revocable right of use in accordance with the terms of this Agreement. Nothing in this Agreement constitutes a waiver of the Company’s intellectual property rights under any law.
- License. The Company hereby grants to you, and you accept, a personal, nonexclusive, non-commercial, non-sublicensable and fully revocable limited license to use the Software on your mobile phone solely for the limited purpose of using the Software for your internal use according with the terms contained in this Agreement.
- Prohibited Uses. Except as specifically permitted herein, without the prior written consent of the Company you agree not to: (i) use, modify, incorporate into or with other software, or create a derivative work of any part of the Software; and (ii) sell, license (or sub-license), lease, assign, transfer, pledge, or share your rights under this Agreement with or to anyone else; (iii) copy, distribute or reproduce the Software for the benefit of third parties; (iv) disclose the results of any benchmarking of the Software, or use such results for your own competing software development activities; (v) modify, disassemble, decompile, reverse engineer, revise or enhance the Software or attempt to discover the Software’s source code; (vi) intrude upon or violate the right to privacy of any third party unless the express prior consent of such third party has been duly obtained; (vii) infringe any proprietary rights or intellectual property rights of any third parties, including without limitation copyright, trademarks, designs, patents and trade secrets; (viii) not remove or otherwise alter any of the Company's trademarks, logos, copyrights, notices or other proprietary notices or indicia, if any, fixed or attached to the Software; (ix) transmit, display or otherwise make available through or in connection with the use of the Software any content which may infringe third party rights, including intellectual property rights, or which may contain any indecent, obscene, pornographic, violent or any other immoral or unlawful content; and/or (x) violate or infringe any other rights of any third party, including but not limited to the right to publicity.
- Lawful Use: You hereby declare and agree that you shall only use the Software in a manner that complies with all applicable laws in the jurisdiction in which you use the Software, including, but not limited to, applicable restrictions concerning the protection of privacy and intellectual property including copyrights (inter alia, with respect to copying recording, public performance and public display of copyrightable works) and any other intellectual property rights.
- Tracking: The company reserve the right to anonymously track and report a user's activity inside The Game.
- User Generated Content : There might be cases where the users can upload comments, images and reviews directly to the game or via their social network account. The company will not be responsible for the content that will be uploaded by the users in any case.
- Maintenance and Support. The Company has no obligation to provide support, maintenance, upgrades, modifications, or new releases under this Agreement.
- Warranty Disclaimer. THE SOFTWARE IS PROVIDED ON AN “AS IS” BASIS. THE COMPANY DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE SOFTWARE'S OPERATION WILL BE UNINTERRUPTED OR ERROR-FREE. TO THE EXTENT ALLOWED BY LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL EXPRESS WARRANTIES AND ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. The Company will not be responsible or liable for any content you submit through the use of the Software. The Company retains the right, but not the obligation, to remove, at its sole discretion, any content from its servers which is not in compliance with terms of this Agreement.
- Exclusion of Consequential Damages. THE COMPANY SHALL NOT BE LIABLE WHETHER UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, TO YOU OR ANY THIRD PARTY FOR ANY LOSS OR DAMAGE (INCLUDING INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES), INCLUDING, WITHOUT LIMITATION, ANY LOSS OR DAMAGE TO BUSINESS EARNINGS, LOST PROFITS OR GOODWILL AND LOST OR DAMAGED DATA OR DOCUMENTATION, SUFFERED BY ANY PERSON, ARISING FROM AND/OR RELATED WITH AND/OR CONNECTED TO ANY USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF THE COMPANY HAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Limitation of Liability. IN THE EVENT THAT, NOTWITHSTANDING THE TERMS OF THIS AGREEMENT, THE COMPANY IS FOUND LIABLE FOR DAMAGES, SUCH SHALL NOT EXCEED TEN US DOLLARS ($10).
- Termination. Your failure to comply with the terms of this Agreement shall terminate your license and this Agreement. Upon termination of this Agreement by the Company: (i) the license granted to you in this Agreement shall expire and you, upon termination, shall discontinue all further use of the Software; and (ii) you shall promptly return to the Company all tangible property representing the Company’s intellectual property rights and all copies thereof and/or shall erase/delete any such information held by it in electronic form. Sections 1, 5-9 shall survive any termination of this Agreement.
- Governing Law & Jurisdiction. This Agreement shall be construed and governed in accordance with the laws of Finland (except for conflict of law provisions) and the competent courts of Helsinki shall have exclusive jurisdiction in any conflict or dispute arising out of this Agreement. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
- Third Party Software. If the Software contains any software provided by third parties, such third party’s software is provided “AS IS” without any warranty of any kind and shall be subject to any and all limitations and conditions required by such third parties.
- Miscellaneous. This Agreement represents the complete agreement concerning the license granted herein and the subject matter hereof and may be amended only by a written agreement executed by both parties. The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. You may not assign your rights or obligations under this Agreement without the prior written consent of the Company.
I HAVE READ AND UNDERSTOOD THIS LICENSE AGREEMENT AND AGREE TO BE BOUND BY ALL OF THE TERMS.