©2019 by Playcus

APP END USER LICENSE AGREEMENT and TERMS OF SERVICE

 

This PLAYCUS LIMITED (“PLAYCUS” or “we” or “us”) mobile gaming application (“App”) made available through Google Play Store and other distribution platforms (the “Applications Store” such as Apple App Store or Facebook or Amazon or Windows Store) is licensed, not sold, to you. Your license to this App is subject to your prior acceptance of this end user license agreement between you and PLAYCUS (the “EULA”). PLEASE READ THIS EULA CAREFULLY. IT CONTAINS IMPORTANT TERMS THAT AFFECT YOU AND YOUR USE OF THE APP. BY DOWNLOADING, INSTALLING OR USING THE APP, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT INSTALL, COPY, OR USE THE APP.

 

  1. Scope of License: Subject to your compliance with all of the provisions of this EULA, PLAYCUS grants to you a revocable, nonexclusive, non-transferable, limited license to use the App on any device that can access Applications Store that you own or control (“Device”). The terms of this EULA will govern any content, materials, or services accessible from or purchased within the App as well as upgrades or updates provided by PLAYCUS that replace or supplement the App, unless separate license terms accompany such upgrade or update, in which case such separate terms will govern in the event of a conflict with this EULA or as otherwise provided in such separate terms.

  2. License Restrictions. You may not (a) distribute or make the App available over a network where it could be used by multiple devices at the same time; (b) transfer, redistribute or sublicense the App and, if you sell your Device to a third party, you must remove the App from the Device before doing so; (c) except as permitted by this license, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the App, any updates, or any part thereof (except as and only to the extent that 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 App); (d) alter or obscure any copyright, trademark or other proprietary rights notice on or in the App; or (f) use the App for a purpose for which it is not designed.

  3. Ownership. The App is and remains the valuable and exclusive property of PLAYCUS and its licensors and is protected by copyright and other intellectual property laws and treaties. We and our licensors own all right, title and interest in and to the App, including all copyright and other intellectual property rights in the App.

  4. Consent to Use of Data: You agree that PLAYCUS may collect and use technical data and related information - including but not limited to technical information about your device, system, the App and peripherals - that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the App. PLAYCUS may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.

  5. Termination. PLAYCUS may terminate this EULA at any time, with or without cause, immediately upon notice to you. PLAYCUS may also discontinue the App at any time without cost, charge or liability, in which case this EULA shall terminate automatically without notice. You may terminate this EULA by ceasing use of the App and deleting all copies of the App in your possession or control. In the event of the termination of this EULA for any reason: (a) the license granted to you in this EULA will immediately terminate; (b) you must immediately cease all use of the App and destroy or erase all copies of the App in your possession or control; and (c) all sections of this EULA except Sections 1 and 2 will survive any such termination.

  6. External Services. The App may enable access to Google’s and/or third-party services and websites (collectively and individually, “External Services”). You agree to use the External Services at your sole risk. PLAYCUS is not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services. Data displayed by any App or External Service, including but not limited to financial, medical and location information, is for general informational purposes only and is not guaranteed by PLAYCUS or its agents. You will not use the External Services in any manner that is inconsistent with the terms of this EULA or that infringes the intellectual property rights of PLAYCUS or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that PLAYCUS is not responsible for any such use. External Services may not be available in all languages or in your local jurisdiction, and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. PLAYCUS reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you.

  7. NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE APP IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP AND ANY SERVICES PERFORMED OR PROVIDED BY THE APP ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY, REPRESENTATION OR CONDITION OF ANY KIND, AND PLAYCUS HEREBY DISCLAIMS ALL WARRANTIES, REPRESENTATION AND CONDITIONS WITH RESPECT TO THE APP AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES, REPRESENTATIONS AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PLAYCUS OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR CONDITION. SHOULD THE APP PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

  8. INDEMNIFICATION. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS PLAYCUS, ITS AFFILIATES, INDEPENDENT CONTRACTORS AND SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS ("PLAYCUS PARTIES"), FROM AND AGAINST ALL CLAIMS, DAMAGES, COSTS, LIABILITIES AND EXPENSES (INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEYS' FEES) ARISING OUT OF OR RELATED TO YOUR USE OF, OR INABILITY TO USE, THE APP SERVICE.

  9. LIMITATION OF LIABILITY. IN NO EVENT SHALL THE PLAYCUS PARTIES BE LIABLE FOR PERSONAL INJURY OR ANY DIRECT, INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APP, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF THE PLAYCUS PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE PLAYCUS PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES WITH RESPECT TO THIS EULA OR ANY USE OR INABILITY TO USE THE APP (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE FOREGOING DISCLAIMER OF WARRANTIES, DISCLAIMER OF CERTAIN DAMAGES AND LIMITATION OF LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE LAWS OF SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. TO THE EXTENT THAT THOSE LAWS APPLY TO THIS EULA, THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YOU IRREVOCABLY AND UNCONDITIONALLY WAIVE YOUR RIGHT TO A TRIAL BY JURY IN RESPECT OF ANY LEGAL ACTION ARISING OUT OF OR RELATING TO THIS EULA OR YOUR USE OF THE APP. YOU AGREE THAT, WITH RESPECT TO ANY DISPUTE ARISING OUT OF OR RELATING TO THIS EULA, YOU HEREBY GIVE UP YOUR RIGHT TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS IN ANY LAWSUIT INCLUDING BUT NOT LIMITED TO CLASS ACTION LAWSUITS INVOLVING ANY SUCH DISPUTE.

  10. Legal compliance. You may not use or otherwise export or re-export the App except as authorized by United States law and the laws of the jurisdiction in which the App was obtained. In particular, but without limitation, the App may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the App, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.

  11. U.S. Government Rights. The App and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the Cyprus.

  12. Governing Law; Jurisdiction. Except to the extent expressly provided in the following paragraph, this EULA and the relationship between you and PLAYCUS shall be governed by the laws of Cyprus, excluding its conflicts of law provisions. You and PLAYCUS agree to submit to the personal and exclusive jurisdiction of the courts located within the Nicosia, Cyprus, to resolve any dispute or claim arising from this EULA. If (a) you are not a Cyprus citizen; (b) you do not reside in the Cyprus; (c) you are not accessing the App from the Cyprus; and (d) you are a citizen of one of the countries identified below, you hereby agree that any dispute or claim arising from this EULA shall be governed by the applicable law set forth below, without regard to any conflict of law provisions, and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts located in the state, province or country identified below whose law governs.

    1. If you are a citizen of any European Union country or Switzerland, Norway or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence.

    2. Specifically excluded from application to this EULA is that law known as the United Nations Convention on the International Sale of Goods.

  13. Severability. If any provision of this EULA is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the remainder of this EULA will remain in full force and effect.

  14. Assignment. You may not assign this EULA or any of its rights under this EULA without the prior written consent of PLAYCUS, and any attempted assignment without such consent shall be void. Subject to the foregoing restriction, this EULA will be fully binding upon, inure to the benefit of, and be enforceable by us and our respective successors and assigns.

  15. Nonwaiver. Any failure by PLAYCUS to insist upon or enforce performance by you of any of the provisions of this EULA or to exercise any rights or remedies under this EULA or otherwise by law will not be construed as a waiver or relinquishment of any right to assert or rely upon the provision, right or remedy in that or any other instance; rather, the provision, right or remedy will be and remain in full force and effect.

  16. Entire EULA. This EULA sets forth our entire agreement with respect to your use of the App.

 

Developer Name and Address. Your questions, complaints or claims with respect to the App should be directed to: PLAYCUS LIMITED, Attn: info_ltd@playcus.com

 

PLAYCUS LIMITED