End User License Agreement
This End User License Agreement (this “EULA”) is a legal agreement between you (“Licensee”) and Shigo Arts (“Licensor”). The “Application” refers to the downloadable software titled “Adventures of Georgie” for mobile, tablet, and other smart device systems, and includes all HTML files, XML files, graphics files, animation files, data files, technology, development tools, scripts and programs, both in object code and source code, any associated media, and “online” or electronic documentation.
By installing, copying, or otherwise using the Application, Licensee agrees to be bound by the terms and conditions set forth in this EULA. If Licensee does not agree to the terms and conditions set forth in this EULA, then Licensee may not download, install, or use the Application.
1. Grant of License
A) Scope of License. Subject to the terms of this EULA, Licensor hereby grants to Licensee a limited, nonexclusive, revocable, nontransferable, non-sublicenseable license to download and install a copy of the Application on a mobile device and to run such copy of the Application solely for your own personal non-commercial purposes.
B) Installation and Use. Licensee may install and use a maximum of one (1) copies of the Application.
2. Description of Rights and Limitations
A) Limitations. Licensee and third parties may not reverse engineer, decompile, or disassemble the Application, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding the limitation.
B) Separation of Components. The Application is licensed as a single product. Its components may not be separated for use on more than one computer.
3. Title to Application. Licensor represents and warrants that it has the legal right to enter into and perform its obligations under this EULA, and that use by the Licensee of the Application, in accordance with the terms of this EULA, will not infringe upon the intellectual property rights of any third parties.
4. Intellectual Property. All now known or hereafter known tangible and intangible rights, title, interest, copyrights and moral rights in and to the Application, including but not limited to all images, photographs, animations, video, audio, music, text, data, computer code, algorithms, and information, are owned by Licensor. The Application is protected by all applicable copyright laws and international treaties.
5. No Support. Licensor has no obligation to provide support services for the Application.
6. Duration. This EULA is perpetual or until:
A) Automatically terminated or suspended if Licensee fails to comply with any of the terms and conditions set forth in this EULA; or
B) Terminated or suspended by Licensor, with or without cause.
In the event this EULA is terminated, you must cease use of the Application and destroy all copies of the Application.
7. Jurisdiction. This EULA shall be deemed to have been made in, and shall be construed pursuant to the laws of the State of California, without regard to conflicts of laws provisions thereof. Any legal action or proceeding relating to this EULA shall be brought exclusively in courts located in El Cerrito, CA, and each party consents to the jurisdiction thereof. The prevailing party in any action to enforce this EULA shall be entitled to recover costs and expenses including, without limitation, attorneys’ fees. This EULA is made within the exclusive jurisdiction of the United States, and its jurisdiction shall supersede any other jurisdiction of either party’s election.
Exception for European Consumers: The above does not apply to any Licensee that qualify as European Consumers, nor to Consumers based in Switzerland, Norway or Iceland. Regardless of the above, if Licensee qualifies as a European Consumer or is based in Switzerland, Norway or Iceland and has their habitual residence in a country where the law provides for a higher consumer protection standard, such higher standards shall prevail.
8. Non-Transferable. This EULA is not assignable or transferable by Licensee, and any attempt to do so would be void.
9. Severability.
All regions excluding the EU: No failure to exercise, and no delay in exercising, on the part of either party, any privilege, any power or any rights hereunder will operate as a waiver thereof, nor will any single or partial exercise of any right or power hereunder preclude further exercise of any other right hereunder. If any provision of this EULA shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this EULA shall otherwise remain in full force and effect and enforceable.
EU: Should any provision of these Terms be or be deemed void, invalid or unenforceable, the parties shall do their best to find, in an amicable way, an agreement on valid and enforceable provisions thereby substituting the void, invalid or unenforceable parts. In case of failure to do so, the void, invalid or unenforceable provisions shall be replaced by the applicable statutory provisions, if so permitted or stated under the applicable law. Without prejudice to the above, the nullity, invalidity or the impossibility to enforce a particular provision of these Terms shall not nullify the entire Agreement, unless the severed provisions are essential to the Agreement, or of such importance that the parties would not have entered into the contract if they had known that the provision would not be valid, or in cases where the remaining provisions would translate into an unacceptable hardship on any of the parties.
10. WARRANTY DISCLAIMER. LICENSOR, AND AUTHOR OF THE APPLICATION, HEREBY EXPRESSLY DISCLAIM ANY WARRANTY FOR THE APPLICATION. THE APPLICATION AND ANY RELATED DOCUMENTATION IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. LICENSEE ACCEPTS ANY AND ALL RISK ARISING OUT OF USE OR PERFORMANCE OF THE APPLICATION.
11. LIMITATION OF LIABILITY (with the exception of the EU and Australia). LICENSOR SHALL NOT BE LIABLE TO LICENSEE, OR ANY OTHER PERSON OR ENTITY CLAIMING THROUGH LICENSEE ANY LOSS OF PROFITS, INCOME, SAVINGS, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, DIRECT OR INDIRECT DAMAGE, WHETHER ARISING IN CONTRACT, TORT, WARRANTY, OR OTHERWISE. THESE LIMITATIONS SHALL APPLY REGARDLESS OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. UNDER NO CIRCUMSTANCES SHALL LICENSOR’S AGGREGATE LIABILITY TO LICENSEE, OR ANY OTHER PERSON OR ENTITY CLAIMING THROUGH LICENSEE, EXCEED THE FINANCIAL AMOUNT ACTUALLY PAID BY LICENSEE TO LICENSOR FOR THE APPLICATION.
Limited Liability for EU: Unless otherwise explicitly stated and without prejudice to applicable statutory product liability provisions, Licensee shall have no right to claim damages against the Licensor (or any natural or legal person acting on its behalf). This does not apply to damages to life, health or physical integrity, damages resulting from the breach of an essential contractual obligation such as any obligation strictly necessary to achieve the purpose of the contract, and/or damages resulting from intent or gross negligence, as long as this Application has been appropriately and correctly used by Licensee. Unless damages have been caused by way of intent or gross negligence, or they affect life, health or physical integrity, Licensor shall only be liable to the extent of typical and foreseeable damages at the moment the contract was entered into.
Limited Liability for Australia: Nothing in this EULA excludes, restricts or modifies any guarantee, condition, warranty, right or remedy which Licensee may have under the Competition and Consumer Act 2010 (Cth) or any similar State and Territory legislation and which cannot be excluded, restricted or modified (non-excludable right). To the fullest extent permitted by law, our liability to Licensee, including liability for a breach of a non-excludable right and liability which is not otherwise excluded under these Terms of Use, is limited, at Licensor’s sole discretion, to the re-performance of the services or the payment of the cost of having the services supplied again.
12. Entire Agreement. This EULA constitutes the entire agreement between Licensor and Licensee and supersedes all prior understandings of Licensor and Licensee, including any prior representation, statement, condition, or warranty with respect to the subject matter of this EULA.
13. Future Updates. Licensor reserves the right to release updates, fixes and further developments of this Application and/or its related software and to provide them to Licensee for free. Licensee may need to download and install such updates to continue using this Application and/or its related software.
14. Age and legal guardianship.
A “Child”, as defined below, is not allowed to use the Application.
Residents of all regions, except of the European Economic Area (EEA) and the Republic of Korea: Children under the age of 13.
Residents of the European Economic Area (EEA): Children under the age of 16, or such age needed to consent to the processing of personal data in their country of residence.
Residents of the Republic of Korea: Children under the age of 14.
If Licensee is old enough not to qualify as a Child (as defined above) but is less than 18 years of age, and/or is a partially disabled person, Licensee agrees that they may only use Licensor’s Application under the supervision of a parent or legal guardian who agrees to be bound by the EULA on behalf of Licensee and themselves. Any payments made by Licensee (for example, purchasing an asset for the Application, or an “In-app Purchase”) require either A) Licensee to be aged 18 or over or B) the permission and consent of Licensee’s parent or legal guardian.
SHIGO ARTS DECLINES ANY RESPONSIBILITY REGARDING ANY ACTIVITIES WITH OR WITHOUT THE PERMISSION OF A PARENT OR LEGAL GUARDIAN.
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For additional information regarding this EULA, please contact:
Shigo Arts, PO Box 1491, El Cerrito, CA, 94530-4491
Licensor Contact email: shigoartshelp@gmail.com
Generated with LegalTemplates and Law Insider, August 8 and 9, 2022
Edited by Shigo Arts, August 9, 2022