PLEASE READ THIS END USER LICENCE AGREEMENT (“EULA”) CAREFULLY.
The following terms of service and end user license agreement (“EULA”) constitute an agreement between you and Must Play Games Pvt Ltd, and its affiliates (Must Play Games). This EULA governs your use of Software and Services (as specified below). For purposes of this EULA “Software” means all software programs distributed, published or otherwise made available by Must Play Games Pvt Ltd, or its affiliates including, but not limited to mobile games, downloadable/installable games for personal computer, and games accessed by means of a browser or other online communication method. Software also includes updates and upgrades as well as accompanying manual(s), packaging and other written, files, electronic or on-line materials or documentation, and any and all copies of such software and its materials Services means all services made available by Must Play Games Pvt Ltd,, including but not limited to services accessed through mobile games, by means of a browser or by other online communication method. Software and Services are collectively referred to as “Must Play Games”.
If you do not accept the terms of this EULA, do not install, use or access the Must Play Games Services. Must Play Games reserves the right to change, modify, add or delete articles in this EULA at any time, in accordance with the procedures described below in Section 7.
The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. All title and copyrights in and to the Software (including but not limited to any images, photographs, animations, video, music, text and “applets” incorporated into the Software) and any printed materials accompanying the Software are owned by the Company or its Licensors.
2 GRANT OF LICENSE
The Software is licensed to you and its use is subject to this EULA. MUST PLAY GAMES grants you a personal, limited, non- exclusive license to install and use the Application for your
non -commercial use on a single, authorized mobile device solely set forth in this license.
The Company reserves all rights not expressly granted to you in this EULA. Your acquired rights are subject to your compliance with this License. Any commercial use is prohibited. You are expressly prohibited from sub-licensing, renting, leasing, transferring or otherwise distributing the Application or rights to use the Application. The term of your License shall commence on the date that you install or otherwise use the Application, and shall end on the earlier of the date that you dispose of the Application; or MUST PLAY GAMES’s termination of this License.
3 PERMITTED USES
You may not delete or obscure any copyright, trademark or other proprietary notice on the Software or accompanying printed materials.You may not electronically transmit the Software from one computer, console or other platform to another or over a network. You may not decompile, modify, reverse engineer, disassemble or otherwise reproduce the Software. You agree that the application may automatically download and install updates if and when there are any depending upon the availability. The Services may use “cookies” and other technologies such as pixel tags, locally shared objects, and web beacons.
If you are under 13 years of age or a minor in your country of residence, please ask your legal guardian’s permission to use or access the Services. MUST PLAY GAMES does not knowingly contact or collect information from children under 13. If you believe MUST PLAY GAMES has inadvertently collected such information, please contact us so that MUST PLAY GAMES can promptly obtain parental consent or remove the information.
All title, ownership rights and intellectual property rights in and to the Product (including, without limitation, all text, graphics, music or sounds, all messages or items of information, fictional characters, names, themes, objects, scenery, costumes, effects, dialogues, slogans, places, characters, diagrams, concepts, choreographies, videos, audio-visual effects, domain names and any other elements which are part of the Product, individually or in combination) and any and all copies thereof are owned by MUST PLAY GAMES or its licensors. The Product is protected by national and international laws, copyright treaties and conventions and other laws. This Product may contain certain licensed materials and, in that event, MUST PLAY GAMES’s licensors may protect their rights in the event of any violation of this Agreement. Any reproduction or representation of these licensed materials in any way and for any reason is prohibited without MUST PLAY GAMES’s prior permission and, if applicable, MUST PLAY GAMES’s licensors’ and representatives’. Except as expressly set forth in this EULA, all rights not granted hereunder to You are expressly reserved by MUST PLAY GAMES. This License confers no title or ownership in the Product and should not be construed as a sale of any rights in the Product.
5 EDITING AND END-USER VARIATIONS
If the Software includes a feature that allows you to modify the Software or to construct new variations (an “Editor”), you may use this Editor to create modifications or enhancements to the Software, including the construction of new levels (collectively, the “Variations”), subject to the following restrictions. Your Variations: (i) must only work with the full registered copy of the Software; (ii) must not contain modifications to any executable file; (iii) must not contain any libelous, defamatory or other illegal material, material that is scandalous or invades the rights of privacy or publicity of any third party; (iv) must not contain any trademarks, copyright-protected work or other property of third parties; and (v) may not be commercially exploited by you, including but not limited to making such Variations available for sale or as part of a pay-per-play or time sharing service.
6 LIMITED WARRANTY AND WARRANTY DISCLAIMER
YOU EXPRESSLY ACKNOWLEDGE THAT USE OF THE PRODUCT IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE PRODUCT IS SUPPLIED ON AN “AS IS” AND “AS AVAILABLE“ BASIS. Software storage medium will be free from defects in materials and workmanship under normal use for thirty (30) days from the date of purchase. The warranty is void if the defect has arisen
through accident, abuse, neglect or misapplication. If the Software fails to conform to this warranty, you may at your sole and exclusive remedy, obtain a replacement free of charge if you return the defective Software. The Company does not warrant that the Software or its operations, or security or reliability or functions will meet your requirements, or that the use of the Software will be without interruption or error.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, EXCEPT FORTHE EXPRESS WARRANTY SET FORTH ABOVE, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING AND WITHOUT LIMITATION,THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. EXCEPT FOR THE EXPRESS WARRANTY SET FORTH ABOVE, THE COMPANY DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS OR OTHERWISE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
7 AGREEMENT TO PUBLIC DISPLAY OF DATA
8 LIMITATION OF LIABILITY
IN NO EVENT WILL THE COMPANY OR ITS EMPLOYEES OR LICENSORS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR INJURY TO PERSON OR PROPERTY, FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY AND NEGLIGENCE) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF THE COMPANY OR AN AUTHORIZED REPRESENTATIVE OF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE LIABILITY OF THE COMPANY FOR DAMAGES WITH RESPECT TO THE SOFTWARE EXCEED THE AMOUNTS ACTUALLY PAID BY YOU FOR THE SOFTWARE.
9 CHANGES TO THIS AGREEMENT (EULA)
MUST PLAY GAMES reserves the right, in its sole and absolute discretion, to revise, update, change, modify, add to, supplement, or delete certain terms of this EULA for security, legal, best practice or regulatory reasons. Such changes will be effective with or, as applicable, without prior notice to You. You can review the most current version of this EULA by clicking on the “EULA” link located on the Product or on ubi.com. You are responsible for checking this EULA periodically for changes. If any future changes to this EULA are unacceptable to You or cause You to no longer be in agreement or compliance with this EULA, You may terminate this EULA and must immediately uninstall the Product and destroy all copies of the Product. Your continued use of the Product following any revision to this EULA constitutes Your complete and irrevocable acceptance of any and all such changes.
10 CHANGES TO THE PRODUCT
MUST PLAY GAMES may modify the Product for any reason or without any specific reason, at any time and at its entire discretion, in particular for technical reasons such as updates, maintenance operations and/or resets to improve and/or optimize the Product. You agree that the Product may install or download the modifications automatically. You agree that MUST PLAY GAMES may stop to support previous versions of the Product upon availability of an updated version.
Subject to the other provisions of this Agreement, Must Play Games Pvt Ltd will attempt to help you with any queries or problems that you may have with the Services or any of your purchases through the Services. To reach our customer support team, please e-mail us at firstname.lastname@example.org. It will expedite your request for assistance by providing our representatives with all the information they need to solve your problem as quickly as possible.
You are subject to all laws of the state(s) and countries in which you reside and from which you access the Services and are solely responsible for obeying those laws. You agree we cannot be held liable if laws applicable to you restrict or prohibit your participation. We make no representations or warranties, implicit or explicit, as to your legal right to participate in any Apps, contests, sweepstakes or tournaments offered through the Services nor shall any person affiliated, or claiming affiliation with the services have authority to make any such representations or warranties.