END USER LICENSE AGREEMENT
THIS END USER LICENSE AGREEMENT (THE: "AGREEMENT") SPECIFIES THE TERMS AND CONDITIONS FOR USE OF ANY DIGITAL GAME THE RIGHTS TO WHICH ARE OWNED OR CONTROLLED BY LICENSOR(S) OF EXENT TECHNOLOGIES LTD.'S ("EXENT"), WHICH APPLICATION (A "GAME") IS MADE AVAILABLE TO YOU THROUGH EXENT'S "Free To Play" ON-DEMAND SERVICE (THE "SERVICE"). THE TERM "GAME" AS USED HEREIN ALSO INCLUDES ANY DOCUMENTATION AND/OR ASSOCIATED MATERIALS PROVIDED TO YOU IN CONNECTION WITH YOUR USE OF THE GAME.
THIS AGREEMENT IS IMPORTANT. BEFORE DOWNLOADING, INSTALLING AND/OR USING THE GAME, YOU MUST CAREFULLY READ AND AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT SET FORTH BELOW.
PLEASE NOTE THAT THIS AGREEMENT IS A LEGAL AGREEMENT BETWEEN YOU ("YOU" "YOUR" Or "USER") AND EXENT. EXENT'S LICENSORS ARE THIRD PARTY BENEFICIARIES OF THIS AGREEMENT AND ANY AND ALL OBLIGATIONS, UNDERTAKINGS, RESPONSIBILITIES, LIABILITIES, WARRANTIES, REPRESENTATIONS AND COMMITMENTS THAT ARE ATTRIBUTED TO OR IMPOSED ON YOU PURSUANT TO THIS AGREEMENT ARE GIVEN FOR THE BENEFIT OF, AND MAY BE ENFORCED, BY EXENT AND/OR ITS RESPECTIVE LICENSOR, AT EXENT'S ELECTION. IN ANY EVENT, BY CLICKING ON THE BUTTON LABELED "SUBMIT", "DOWNLOAD", "I ACCEPT", "I AGREE", "OPEN", "SAVE" OR ANY OTHER SIMILAR LINKS AS MAY BE DESIGNATED BY EXENT AND/OR BY INSTALLING OR USING THE GAME, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT INSTALL AND/OR USE THE GAME OR CLICK ON THE "I DO NOT AGREE" BUTTON AND CANCEL OPERATION OF THE GAME.
PURSUANT TO ANY APPLICABLE STATUTES, REGULATIONS, RULES, ORDINANCES OR OTHER LAWS, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE GAME. FURTHER, YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY STATUTES, REGULATIONS, RULES, ORDINANCES OR OTHER LAWS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS
1. LIMITED LICENSE
Subject to all the terms of this Agreement, Exent grants You a limited, personal, non-exclusive, non-transferable non sub-licensable, non-assignable license, pursuant to the terms and conditions hereof, to install and use one copy of each Game which is made available on the Service through a single Windows® operated personal computer ("PC") or an AndroidTM operated mobile devices ("Mobile Device") owned and controlled by You.
Exent is entitled, at any time and for whatever reason, to limit, deny, create different priorities to different users, modify, or cancel some or all of the functionality or content of the Game or the Service without prior notice. Exent may elect in its sole discretion to condition the continuation of this license on You accepting Game improvements, corrections, adaptations, and conversions to more recent Game versions or any other changes to the Game or the Service.
2. PLAYING A GAME
The Service is an on-demand game service, which allows You, subject to the terms of this Agreement, by installing and using Exent's media player application (the "Player Application"), to access and play Games in real-time mode, on-demand. Your The right to use the Player Application is a limited, non-exclusive, non-transferable, personal right and is granted subject to all of the limitations and restrictions set forth in the Player Application End User License Agreement (""Player EULA" ) which can be found HERE. It is Your responsibility to comply with all terms and conditions, restrictions and disclaimers specified in the Player EULA. You acknowledge that the Game and the use thereof are provided to you "as is" and "as available" and neither Exent nor any of its licensors is or shall be responsible to You and/or to any third party for the content and/or performance of the Games. In no event shall Exent and/or its licensors be liable to You or to any third party for any damage arising from and/or occasioned by the use of a Game and/or the exposure to any advertisement and/or promotional materials. In order to enable operation of the Service and playing a Game through Your PC/Mobile Device, You must have Adobe® Flash® Player browser-based application installed on Your PC/Mobile Device.
3. OWNERSHIP AND RESTRICTIONS
The Game and any part thereof, is the proprietary product of Exent's licensors and is protected by copyright laws and international copyright treaties, as well as other U.S. and international laws. You agree that You shall not (and shall not permit any third party) to: (a) copy or permit others to copy all or any portion of the Game; (b) remove any product identification, copyright, trademark or other proprietary notice or disclaimer from the Game; (c) disclose, distribute or otherwise make available the Game to any other party; (d) rent, lease, loan, sublicense, sell, assign or otherwise transfer the Game; (e) use a previous version or copy of the Game after You have received an upgraded version as a replacement of the prior version; (f) modify, adapt, translate or attempt to hack any communication initiated by the Game or to defeat or overcome any encryption and/or other technical protection methods implemented by Exent or its third party partners with respect to the Game and/or any data or file transmitted, processed or stored on or through the Game; (g) reverse engineer, de-compile, disassemble, alter, duplicate, modify, make copies, create derivative works from, distribute or provide others with the Game in whole or part, or otherwise transmit the Game over a network; (h) through the use of any third party application or otherwise, alter or modify the values stored by the Game in Your PC/Mobile Device's memory, on Your PC/Mobile Device's hard disk, or in Your PC/Mobile Device's registry, or, with the exception of completely uninstalling the Game, otherwise modify, alter or block the functioning of the Game; (i) use automated means, including scripts, batch files, emulators or any others means, to control the operation of the Game.
Furthermore, You agree not to use the Game to: (a) transmit or communicate any data or perform any activity, that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (b) harm minors in any way; (c) impersonate any person or entity or falsely state or otherwise misrepresent Your affiliation with a person or entity; (d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any data transmitted to other users; (e) transmit, access or communicate any data that You do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non- disclosure agreements); (f) transmit, access or communicate any data that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (g) transmit or communicate any data that contains viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (h) disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges; (i) interfere with or disrupt the Game; (j) intentionally or unintentionally violate any applicable local, state, national or international law, including any rules and regulations of any securities exchange, any rules, regulations, requirements, procedures or policies in force from time to time relating to the Game, and any export or re-export laws, rules and regulations; (k) collect any information or communication about the users of the Game by monitoring, interdicting or intercepting any process of or communication initiated by the Game or by developing or using any software or any other process or method that engages or assists in engaging in any of the foregoing; (l) "stalk" or otherwise harass another; (m) modify, delete or damage any information contained on the personal PC/Mobile Device of any other user; (n) collect or store personal data or other information about other users; (o) intentionally make available "spoofed" files or data, or files or data with any type of information designed to misidentify the actual content of a file or which is intended to mislead the recipient of the file; (p) utilize the Game for any non-personal or commercial purpose or for the benefit of any third party or charge any person for the use or distribution of the Game; (q) remove any proprietary notices from the Game; (r) take any steps to interfere with or in any manner compromise any of security measures with respect to the Game or any data or file transmitted, processed or stored on or through the Game; (s) perform any activity which will or may breach the rights of any third party; or (t) engage in commercial activities including, but not limited to, offering for sale any products or services, soliciting for advertisers or sponsors or selling, licensing or granting public access to any content or other information offered on the Service.
(c) Each of the Companies may work with third party advertising companies to serve and embed and integrate various advertisements ("Ads") into any Games You use. Each of the Companies may use information about Your use of any Game and/or exposure to any of the Ads and/or use of any Game, in combination with non-personally identifiable information about Your usage transactions and interests from other online and offline sources, in order to provide advertisements about goods and services. In addition, each of the Companies may share website usage information about visitors to their websites and use of any Game, with other Companies for purposes of managing and targeting advertisements and for market research analysis on websites and any service provided therein. For these purposes, each of the Companies may note and have access to various information, including, without limitations, some of the pages You visit on the websites, Ads seen in any Game, any progress You made in any Game, etc.
(d) You agree and acknowledge that the Player Application may target Ads based on non-personally identifiable information (e.g., geographical location). You agree that the Player Application will collect the non-personally identifiable information items, including for research, royalty and targeting purposes.
5. NO REPRESENTATIONS OR WARRANTIES.
THE GAME IS PROVIDED "AS IS", AND ON "AS AVAILABLE" BASIS WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. EXENT AND/OR ITS LICENSORS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE GAME WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR THAT THE OPERATION OF THE GAME WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE GAME WILL BE CORRECTED. YOU ASSUME THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE GAME. YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PC/MOBILE DEVICE OR THE INTERRUPTION OF USE, LOSS OR CORRUPTION OF DATA STORED ON YOUR PC/MOBILE DEVICE RESULTING FROM THE USE OF, OR INABILITY TO USE, THE GAME. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
YOU AGREE TO INDEMNIFY, HOLD HARMLESS AND DEFEND EXENT AND/OR ITS LICENSORS, AND ANY OF THEIR SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, CO-BRANDERS OR OTHER PARTNERS, AND EMPLOYEES, AT YOUR EXPENSE, AGAINST ANY AND ALL THIRD PARTY CLAIMS OR DEMANDS, ACTIONS, PROCEEDINGS AND SUITS AND ALL RELATED LIABILITIES, DAMAGES, SETTLEMENTS, PENALTIES, FINES COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEY'S FEES AND OTHER DISPUTE RESOLUTION EXPENSES) INCURRED BY EXENT AND/OR ITS LICENSORS, DUE TO OR ARISING OUT OF DATA YOU SUBMIT, POST TO, TRANSMIT OR COMMUNICATE THROUGH THE GAME, YOUR USE OR MISUSE OF THE GAME, YOUR CONNECTION TO OTHER USERS, YOUR VIOLATION OF THIS AGREEMENT, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER.
7. LIMITATION OF LIABILITY
YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL EXENT OR ITS LICENSORS, AND/OR ANY OF THEIR EMPLOYEES, SUPPLIERS, DIRECTORS, LICENSORS, PARTNERS, AGENTS AND/OR SERVICE PROVIDERS BE LIABLE FOR ANY LOSSES OR DAMAGES WHATSOEVER, WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF (A) YOUR USE OF, OR INABILITY TO USE, THE GAME, (B) THE INTERRUPTION OF USE, LOSS OR CORRUPTION OF DATA STORED ON YOUR PC/MOBILE DEVICE , (C) THE INTERRUPTION OR INABILITY TO USE YOUR PC/MOBILE DEVICE, OR (D) ANY OTHER MATTER RELATING TO YOUR USE OF THE GAME, INCLUDING BY WAY OF ILLUSTRATION AND NOT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING LEGAL FEES, LOST PROFITS, LOST BUSINESS OR LOST OPPORTUNITY, EVEN IF EXENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, IN SUCH STATES OR JURISDICTIONS, EXENT'S AND ITS LICENSOR'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THE FOREGOING DISCLAIMERS OF WARRANTY AND LIMITATIONS OF LIABILITY CONSTITUTE AN ESSENTIAL PART OF THIS AGREEMENT. IN NO EVENT WILL EXENT'S AND/OR ITS LICENSOR'S ENTIRE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT EXCEED $5.00
FURTHER, AND WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND UNDERSTAND THAT BY USING THE INTERNET AND/OR THE GAME AND/OR THE SERVICE AND/OR THE PLAYER APPLICATION, YOU MAY BE EXPOSED TO CONTENT THAT MAY BE DEEMED OFFENSIVE, INDECENT, OR OBJECTIONABLE, CONTAMINATED FILES, COMPUTER VIRUSES, EAVESDROPPING, HARASSMENT, ELECTRONIC TRESPASSING, HACKING AND OTHER HARMFUL ACTS OR CONSEQUENCES THAT MIGHT LEAD TO UNAUTHORIZED INVASION OF ACY, LOSS OF DATA AND OTHER DAMAGES. NOTWITHSTANDING THE FOREGOING, YOU AGREE TO USE THE GAME AND SERVICE AT YOUR SOLE RISK AND THAT NEITHER EXENT NOR ANY OF ITS LICENSORS SHALL BE LIABLE WITH RESPECT TO ANY OF THE FOREGOING AND YOU HEREBY WAIVE ANY CLAIM, DEMAND AND CAUSE OF ACTION AGAINST EXENT AND ITS LICENSORS WITH RESPECT THERETO.
8. OWNERSHIP AND TITLE
The Game is licensed to You, not sold. You agree that all rights, title and interests in and to the Games and all copies thereof, are owned by Exent's licensors and are protected by applicable copyright and other intlectual property laws. You agree that You neither own nor hereby acquire any claim, title, interest or right of ownership to the Game, any part thereof or to any intellectual property right embodied in the Game. Any and all modifications or enhancements to the Game made by You remain the sole property of Exent's licensor which owns the respective Game. This Agreement and/or Your use of the Game gives You no rights to the Game.
You agree that, in connection with Your use of the Game, Exent may collect and use personal, technical and related information and data, including but not limited to technical information about Your PC/MOBILE DEVICE, system and application software, and regarding Your use of the Game ("User Information"), with the intent to facilitate the provision of Game updates, product support and other services to You related to the Game and Service and to verify compliance with the terms of this Agreement. The following User Information is collected: which browser You currently use; which operating system do You have; and what is the IP the You are using when approaching the Service. In addition, by entering the Service, You give your consent to allow Exent to collect Your User Information detailed herein: play session length; download time; which Games were downloaded; which component were downloaded (player/SDM); error(s) that accrued during download and play sessions; which input method You use (mouse/keyboard/touch); which video card do You have; how much memory does Your's PC/Mobile device has; the unique machine ID You have; which campaign brought You to the Service; which internal campaigns did You take part in- all for internal purposes for the Service.
10. EXPORT CONTROLS
Certain downloadable Games are controlled by certain export laws and regulations. The Games you download may not be exported or re-exported to any country or person to which the United States prohibits the export of goods, technology or services. By downloading the Game, You are (a) representing that You are not a national of any country to which the United States prohibits the export or re-export of goods, services or technology; and (b) agreeing to fully comply with all the export and re-export restrictions, laws and regulations of any such authority (iii) You will not transfer, or authorize the transfer, of the Game to a prohibited country or otherwise in violation of any such restriction or regulations.
11. TERM AND TERMINATION
The license for the Game shall be effective from the time You download the Game onto you device or commence access the Game on-line until the date of termination. Exent may terminate this license at any time without prior notice. In addition, the license for the Game automatically terminates upon termination or expiration of Your subscription to the Service.
You agree that the Game is the proprietary information of Exent's licensors. You further agree that You will not distribute the Game to any third party.
This Agreement shall be governed by the laws of the state of Israel. Any dispute or action in connection with this Agreement shall be brought exclusively to the competent courts in the city of Tel Aviv, Israel, which shall have sole and exclusive jurisdiction over any such dispute and action, and You irrevocably agree to the jurisdiction of such courts. Notwithstanding the foregoing, any licensor of Exent may take proceedings against You in any other court of competent jurisdiction, to the extent permitted by the law of that other jurisdiction. You agree that regardless of any statute or law to the contrary, any claim or cause of action You may have arising out of, related to or connected with the use of the Game or this Agreement must be filed by You within six (6) months after such claim or cause of action arose or be forever barred.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THIS AGREEMENT BETWEEN YOU AND EXENT, WHICH SUPERSEDES ANY AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND EXENT RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.