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Please read the following information carefully as it sets out the terms upon which
you and your company ("you") are allowed by YoYo Games Limited and its associated
companies ("YoYo Games") to use the software contained in this installation package
and the accompanying associated media and applicable documentation ("Software").
You must accept this agreement and these terms and therefore click "accept" when
requested to install and use this Software.
BY INSTALLING THIS SOFTWARE YOU AGREE TO THESE TERMS AND CONFIRM THAT YOU ARE
AUTHORISED TO DO SO.
If you do not accept these terms you may not use the Software or continue with the
installation and you must not install, use or run the Software on this or any other
computer.
If you are in any doubt please contact YoYo Games (details below).
LICENCE:
Upon your acceptance of these terms and installation of the Software, YoYo Games
grants you a non-exclusive, non-transferable, limited right and licence to install
and use the Software on and subject to these terms.
This Licence Agreement and the rights granted by it do not give you any title or
ownership in the Software and should not be construed as a sale or transfer of any
intellectual property rights in or to the Software.
1. Scope
2.1. You agree and acknowledge that all right, title, interest and ownership rights
in any and all copyright, design right, database right, patents and any rights to
inventions, know-how, trade and business names, trade secrets and trade marks
(whether registered or unregistered) and any applications therefor and other
intellectual property rights ("Intellectual Property Rights"), in or connected with
the Software and any and all copies thereof (including in particular but not
limited to any data, database, designs, titles, computer code, themes, objects,
characters, character names, stories, dialogues, catch phrases, places, concepts,
artwork, animation, sounds, music, audio-visual effects, text, methods of
operation, moral rights and any related documentation) are owned by YoYo Games. All
such rights of YoYo Games are hereby asserted and reserved.
3. Stand-alone Applications
3.1. Except for those parts and elements which belong to and vest in YoYo Games,
including without limitation those which form part of, are derived from or are
modifications of the Software you will be responsible for the Stand-alone
Applications and any dealings in them and you accept that full responsibility and
liability for the Stand-alone Applications rests solely with you. YoYo Games shall
have no liability in relation thereto.
3.3. Neither you nor any third party may modify, adapt, decompile or reverse
engineer the Stand-alone Applications created using the Software.
3.4. You agree to ensure that: you have the right to use all Intellectual Property
Rights in the Stand-alone Applications; the Stand-alone Applications do not and
will not infringe any third party rights;
you may only licence, sell, assign or transfer the Stand-alone Applications subject
to the licence in the Software and those parts of it that are contained within
them;
you must own or have proper licences, permissions and other consents in place in
respect of all features and resources used in the Stand-alone Applications (other
than the Software which shall be subject to the terms of this Licence Agreement and
the licence granted hereunder);
the Applications and all materials accompanying the Stand-alone Applications shall
include a notice and End User Licence Terms: (i) identifying the rights of YoYo
Games and that they include, are based on and made using the Software; (ii) that
such end user will have no right to modify, adapt, decompile or reverse engineer
the Stand-alone Applications or make any use of the Software contained therein nor
to permit anyone else to do so; and (iii) that such end user must not remove,
disable, modify, add to or tamper with any program code or data, copyright,
trademark or other proprietary notices and legends contained within the object
(compiled) code of the Software;
you will not distribute or make available to any third party nor make any
commercial use of any Stand-alone Application that contains any statement, content,
material or communication that:
is unlawful or which gives rise to civil or criminal liability;
infringes any intellectual property rights of any third party;
is technically harmful such as computer viruses, worms, logic bombs or other
malicious software or harmful data;
is pornographic, defamatory, discriminatory, obscene, inflammatory or racist;
harasses any person;
promotes any illegal or unlawful activity;
contains any restricted material, including but not limited to passwords, medical
information or confidential information of any person;
or solicits, invites, encourages, advocates, incites or provokes any or all of the
foregoing. An example End User License agreement for use in stand-alone
applications may be found here: http://help.yoyogames.com/entries/97515576-Sample-
EULA
3.5. Gambling Restrictions: You may not distribute or publish any licensee content
in connection with any gambling activities without a separate license from YoYo
Games Ltd.
4. Term
4.1. The licence granted in these terms and your right to use the Software will
terminate automatically if you fail to abide by any of the terms. On termination
you must destroy and erase the Software and all and any copies in your possession
or control and stored on any media whatsoever and on YoYo Games' request certify
that you have done so.
YOYO GAMES PROVIDES ALL VERSIONS OF THE SOFTWARE "AS IS" AND DISCLAIMS ALL
WARRANTIES, CONDITIONS OR REPRESENTATIONS (WHETHER EXPRESSED OR IMPLIED, ORAL OR
WRITTEN) WITH RESPECT TO THE SOFTWARE AND THE ACCOMPANYING FILES.YOYO GAMES DOES
NOT WARRANT THAT THE SOFTWARE WILL FUNCTION WITHOUT INTERRUPTION OR BE ERROR FREE,
THAT YOYO GAMES WILL CORRECT ALL DEFICIENCIES, ERRORS, DEFECTS OR NONCONFORMITIES
OR THAT THE SOFTWARE WILL MEET YOUR SPECIFIC REQUIREMENTS.
5.1. In relation to this version of the Software YoYo Games warrants only that the
Software will function satisfactorily if used properly and on the correct operating
system and hardware.
5.2. YoYo Games does not warrant that the operation of the Software will be
uninterrupted or error free or that errors can be corrected.
5.5. YoYo Games will not be held liable for any damage, injury or loss if caused as
a result of your negligence, accident or misuse, or if the Software has been
modified in any manner (not by YoYo Games or YoYo Games' developer) after it has
been bought.
5.6. The liability of YoYo Games shall not exceed the actual price paid for the
Software.
5.7. YoYo Games, its developer and their licensors do not seek to exclude or limit
liability for any death or personal injury arising from their negligence.
5.8. You agree to indemnify, defend and hold YoYo Games, YoYo Games' developer and
their licensors, partners, affiliates, contractors, officers, directors, employees
and agents harmless from any claims, costs and expenses (including legal expenses)
arising directly or indirectly from any breach of these terms and any act or
omissions of you or your company in using the Software otherwise than in accordance
with these Terms.
6. General
6.1. If any part of these terms is held to be invalid or void under any applicable
law, the other provisions of these terms will be unaffected and remain in full
force and effect.
6.3. These terms represents the complete agreement between YoYo Games and you in
relation to the use of the Software and supersedes all prior agreements and
representations, warranties or understandings (whether negligently or innocently
made but excluding those made fraudulently).
6.4. If you have a problem with the Software, want more information, or have any
other questions, comments or enquiries please contact YoYo Games via the web form
at help.yoyogames.com "Submit a Request".
6.5. This Licence Agreement is governed by English Law and the parties submit to
the exclusive jurisdiction of the English Courts.