END USER LICENSE AGREEMENT
Effective Date: 13th April, 2018
Last updated: 13th April, 2018
By downloading, opening the application, and/or using any mobile application; together with any other applications developed and distributed by AresTheDog Studios hereby known as “ATDS” and all application(s), game(s) hereby known as “ATDS PRODUCTS”, you acknowledge that have carefully read and understood the terms of this End User License Agreement(EULA), and you agree that this EULA is a legally binding and valid contract and agree to be bound by it. ATDS PRODUCTS are licensed to you, not sold. You also agree to abide by the intellectual property laws and all of the terms and conditions of this Agreement.
Unless you have a different license agreement signed by ATDS your use of ATDS PRODUCTS indicates your acceptance of this license agreement and warranty.
Subject to the terms of this Agreement, ATDS grants to you a limited, non-exclusive, non-transferable license, without right to sub-license, to use ATDS PROUCTS in accordance with this Agreement and any other written agreement with ATDS. ATDS does not transfer the title of ATDS PRODUCTS to you; the license granted to you is not a sale. This agreement is a binding legal agreement between ATDS and the purchasers or users of ATDS PROUCTS..
If you do not agree to be bound by this agreement, discontinue use of and remove ATDS PROUCTS from your devices now and, if applicable, promptly destroy any hardcopies and/or backups of ATDS PRODUCTS Apps and related documentation and packaging in your possession.
ATDS PROUCTS and the license herein granted shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole or in part except that you may make one copy for archive purposes only. For information about redistribution of ATDS PRODUCTS contact: email@example.com.
3. USER AGREEMENT
Your license to use ATDS PRODUCTS is limited to the number of licenses purchased by you. You shall not allow others to use, copy or evaluate copies of ATDS PRODUCTS.
3.2 Use Restrictions
You shall use ATDS PRODUCTS in compliance with all applicable laws and not for any unlawful purpose. Without limiting the foregoing, use, display or distribution of ATDS PRODUCTS together with material that is pornographic, racist, vulgar, obscene, defamatory, libelous, abusive, promoting hatred, discriminating or displaying prejudice based on religion, ethnic heritage, race, sexual orientation or age is strictly prohibited.
You may not use any of the ATDS PRODUCTS or the Services if you are under the age of 13.
Each licensed copy of ATDS PRODUCTS may be used on one single device location by one user. Use of ATDS PRODUCTS means that you have loaded, installed, or run ATDS PRODUCTS on a computer or similar device. If you install ATDS PRODUCTS onto a multi-user platform, server or network, each and every individual user of ATDS PRODUCTS must be licensed separately.
You may make one copy of ATDS PRODUCTS for backup purposes, providing you only have one copy installed on one computer being used by one person. Other users may not use your copy of ATDS PRODUCTS. The assignment, sublicense, networking, sale, or distribution of copies of ATDS PRODUCTS are strictly forbidden without the prior written consent of ATDS. It is a violation of this agreement to assign, sell, share, loan, rent, lease, borrow, network or transfer the use of ATDS PRODUCTS . If any person other than yourself uses ATDS PRODUCTS registered in your name, regardless of whether it is at the same time or different times, then this agreement is being violated and you are responsible for that violation!
3.3 Copyright Restriction
ATDS PRODUCTS contain copyrighted material, trade secrets and other proprietary material. You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile ATDS PRODUCTS . Nor can you create any derivative works or other works that are based upon or derived from ATDS PRODUCTS in whole or in part.
ATDS’s name, logo and graphics file that represents ATDS PRODUCTS shall not be used in any way to promote products developed with ATDS PRODUCTS without written permission from ATDS. ATDS retains sole and exclusive ownership of all right, title and interest in and to ATDS PRODUCTS and all Intellectual Property rights relating thereto.
Copyright law and international copyright treaty provisions protect all parts of ATDS PRODUCTS , products and services. No program, code, part, image, audio sample, or text may be copied or used in any way by the user except as intended within the bounds of the single user program. All rights not expressly granted hereunder are reserved for ATDS.
3.4 Limitation of Responsibility
You will indemnify, hold harmless, and defend ATDS, its employees, agents and distributors against any and all claims, proceedings, demand and costs resulting from or in any way connected with your use of ATDS PRODUCTS.
In no event (including, without limitation, in the event of negligence) will ATDS, its employees, agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, ATDS PRODUCTS or the use or inability to use ATDS PRODUCTS or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence.
ATDS’s entire liability, without exception, is limited to the customers’ reimbursement of the purchase price of the ATDS PRODUCTS (maximum being the lesser of the amount paid by you and the suggested retail price as listed by ATDS) in exchange for the return of the product, all copies, registration papers and manuals, and all materials that constitute a transfer of license from the customer back to ATDS.
3.5 Information Security
ATDS SHALL NOT BE RESPONSIBLE OR LIABLE FOR UNAUTHORIZED ACCESS, HACKING, OR OTHER SECURITY INTRUSIONS OR FAILURE TO STORE OR THE THEFT, DELETION, CORRUPTION, DESTRUCTION, DAMAGE, OR LOSS OF ANY DATA OR INFORMATION.
3.6 Information Accuracy
We follow software development best practices to help ensure that everything we show you is accurate and complete. However, we cannot guarantee that ATDS PRODUCTS does not have errors or bugs. Even if there are no errors or bugs, it is possible to draw inappropriate conclusions from Information that you see. ATDS DOES NOT WARRANT AND SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY OR RELIABILITY OF THE INFORMATION ON ATDS PRODUCTS.
Except as expressly stated in writing, ATDS makes no representation or warranties in respect of ATDS PRODUCTS and expressly excludes all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose.
3.8 Governing Law
This Agreement shall be governed by the law of the province of Ontario, Canada applicable therein. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of Ontario, Canada therefrom. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this License and not affect the validity and enforceability of any other provisions.
Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this license. Upon termination of this license granted herein for any reason, you agree to immediately cease use of ATDS PRODUCTS and destroy all copies of ATDS PRODUCTS supplied under this Agreement. The financial obligations incurred by you shall survive the expiration or termination of this license.
You agree to indemnify, defend and hold ATDS, its licensors, partners, affiliates, contractors, officers, directors, employees and agents harmless from all damages, losses and expenses arising directly or indirectly from you acts and omissions to act in using the Application pursuant to the terms and conditions of this License.
3.11 EXPORT LAWS
You agree to abide by the export laws applicable in Canada and the U.S. as well as any other applicable export laws and you agree not to transfer the Application to any foreign national or national destination, which is prohibited by such laws. You hereby certify that you are not a person with whom ATDS is prohibited from transacting business under applicable laws. Furthermore, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting country”; and that (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
4. DISCLAIMER OF WARRANTY
ATDS PRODUCTS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, AND ATDS DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SYSTEM OR SOFTWARE, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ATDS WILL NOT BE LIABLE TO YOU FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE SYSTEM OR SOFTWARE, EVEN IF ATDS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER CONCERNS ALL FILES GENERATED AND EDITED BY ATDS PRODUCTS AS WELL. USE OF YOUR SYSTEM OR SOFTWARE IS AT YOUR SOLE RISK. ATDS IS NOT RESPONSIBLE FOR ANY NON-ATDS SITES, SERVICES, APPLICATIONS, CONTENT, DATA, MESSAGES, OR OTHER ITEMS THAT YOU ACCESS, USE, OR SHARE VIA YOUR SYSTEM OR SOFTWARE.
5. CONSENT OF USE OF DATA
6. LINKED SITES AND THIRD PARTIES
You may be able to link to third-party sites or connect to third-party applications from ATDS PRODUCTS or you may choose to share your Information with third-party device makers (collectively, “Third Parties”). ATDS does not control third-party linked sites or third-party device makers in any way, and ATDS is not responsible for the content, availability, advertising, products, information or additional links, use of information, security or privacy policies and practices, or materials of any such third parties. Links to third-party sites and the option to share your Information with third-party device makers does not imply ATDS’s endorsement of, or association with, such third parties. In no event shall ATDS be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the use of third-party sites, third-party applications or sharing with third-party device makers.
7. CHANGES TO THE TERMS
We may modify, amend or change the terms, conditions or provisions of these Terms prospectively from time to time without prior notice to you, so please check them periodically. If a change, in our sole discretion, to these Terms is material, we will notify you. We will post the new terms and indicate the revision date. By using ATDS PRODUCTS after any changes to these Terms, you agree to be bound by those changes and the new terms. If you disagree with the new terms, please stop using ATDS PRODUCTS .
8. CHANGES TO THE ATDS PRODUCTS
We reserve the right to modify, refine, add or remove features, impose limits on the service, or suspend ATDS PRODUCTS , with or without prior notice to you and without liability to anyone, including you or any third party.
9. RESERVATION OF RIGHTS
Neither the sale, transfer, license, nor the use of your System or Software transfers any title or ownership of any of our intellectual property rights. We reserve all rights that we have not expressly granted in this agreement.
10. CONTACT US
If you have any questions about these Terms, please contact us at firstname.lastname@example.org