GUNS and ROBOTS End User License Agreement
Masthead Studios Ltd. is the publisher of a software product entitled GUNS and ROBOTS (“Application”). In order to use this Application, you must read and agree with this LICENSE (this “Agreement”). YOU MUST BE AGE 13 OR OLDER TO USE THIS APPLICATION. If you are between 13 and 18, have your parent or guardian read this Agreement and agree to be bound to its terms. By using the Application, you agree as follows:
- License Terms.
1.1 License Grant. Masthead Studios Ltd. grants you (the “User”) the non-exclusive, non-transferable, revocable, limited right to access the Application for User’s personal entertainment use on a personal computing device. Unless otherwise authorized, User may not use, copy, reproduce, modify, publicly perform or display, create derivative works of, sell, auction, loan, lease, rent, distribute, transfer or disclose all or any part of the Application (including, without limitation, any screenshots, videos, documentation or manuals relating to the Application) except as provided in this Agreement. All other rights are reserved to Masthead Studios Ltd. .
1.2 License Restrictions. Unless otherwise authorized by this Agreement or Masthead Studios Ltd. in writing, User shall not:
(a) Sublicense to, transfer, network, transmit, distribute, or permit use of the Application by, any third party;
(b) Reverse engineer, decompile, or disassemble any aspect of the Application including setting up competing networks such as shadow servers, gray shards, or pirate servers.;
(c) Transmit or communicate any data that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
(d) Harm minors in any way;
(e) Impersonate any person or entity or falsely state or otherwise misrepresent his affiliation with a person or entity;
(f) Forge headers or otherwise manipulate identifiers in order to disguise the origin of any data transmitted to other users;
(g) 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);
(h) Transmit, access, or communicate any data that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(i) Transmit or communicate any data that contains software 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;
(j) 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;
(k) Interfere with or disrupt the Application or other user’s use of the Application;
(l) Intentionally or unintentionally violate any applicable local, state, national or international law, including securities exchange and any regulations requirements, procedures or policies in force from time to time relating to the Application;
(m) Monitor traffic or make search requests in order to accumulate information about individual users;
(n) “Stalk” or otherwise harass another person;
(o) Modify, delete or damage any information contained on the personal computer of any other user;
(p) Unless otherwise approved by Masthead Studios Ltd. , upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
(q) Use the Application in any way related to gambling or illegal lotteries or illegal sweepstakes;
(r) Harm the Application including using any program or other mechanism to slow or “crash” the network;
(s) Engage in any activity or install any software application to facilitate activity considered cheating or hacking to gain an advantage over other users as judged by Masthead Studios Ltd. ;
(t) Use the application to engage in any activity that is obscene or overtly sexual; or
(u) Allow usage by others in such a way as to violate this Agreement;
1.3 Indemnification. User (i) agrees to indemnify, defend and hold harmless, and (ii) hereby releases, Masthead Studios Ltd., its licensors, and their direct and indirect parent, subsidiary and sister corporations, and their respective officers, directors, employees, and agents from and against any and all losses, liabilities, claims, obligations, costs and/or expenses (including reasonable legal fees) which result from, arise out of or in connection with User’s use of the Application or activities related thereto or User’s violation of this Agreement.
1.5 Term of the Agreement. The grant of license herein, may be terminated by Masthead Studios Ltd. at any time, for any reason or for no reason, in Masthead Studios Ltd. ‘s sole and absolute discretion, by providing written, electronic or emailed notice to User. User may, at any time and for any reason or for no reason, terminate this Agreement by uninstalling the Application. At termination, User shall erase all copies of the Application from User’s hardware.
2.1 Masthead Studios Ltd. Intellectual Property. Except for the revocable, limited license expressly granted hereunder, Masthead Studios Ltd. retains all rights, title and interests in and to all intellectual property rights associated with the Application and all copies thereof, use thereof by User, and all world content and data in connection therewith including any information or data collected from Users. These rights include, but are not limited to, all intellectual property and other rights in and to User suggestions or comments, including those that may be used in modifying the Application. The Application is copyrighted and is protected by United States copyright laws and international treaty provisions as well as other laws. User acknowledges that the Application contains valuable trade secrets of Masthead Studios Ltd. , and that Masthead Studios Ltd. and/or its licensors own all intellectual property rights in and to the Application, including, without limitation, all patent rights, copyrights, inventions, trade secret rights, trade dress rights, trademark rights and intellectual property rights therein and thereto. User may not remove the copyright and other proprietary rights notices from the Application. User agrees that this Agreement shall be retained with all copies of the Application and documentation constituting the Application. User agrees to prevent any unauthorized copying or distribution of the Application. Except for the license as expressly provided herein, Masthead Studios Ltd. does not grant User any express or implied right in any patents, copyrights, trademarks, or trade secret information of Masthead Studios Ltd. and/or its licensors.
2.3 Licensed Intellectual Property. Masthead Studios Ltd. , through arrangements with licensors, use the Application to incorporate certain external intellectual property (“Licensed Intellectual Property”) into the Application. This Licensed Intellectual Property shall remain the property of the licensors and any and all intellectual property rights thereto shall remain with the licensors.
- Injunctive Relief. User acknowledges and agrees that a breach or threatened breach of any covenant contained in this Agreement would cause irreparable injury, that money damages would be an inadequate remedy and that Masthead Studios Ltd. shall be entitled to temporary and permanent injunctive relief, without the posting of any bond or other security, to restrain User, from such breach or threatened breach. Nothing in this Section shall be construed as preventing Masthead Studios Ltd. from pursuing any and all remedies available to it, including the recovery of money damages from User.
- No Warranty; No Liability For Damages; No Support; World Content and Data.
4.1 No Warranty. USER ACKNOWLEDGES THAT THE APPLICATION MAY WELL CONTAIN ERRORS AND DEFECTS. THE APPLICATION IS PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY OF THE APPLICATION IS WITH USER. SHOULD IT PROVE DEFECTIVE FOLLOWING THE RECEIPT BY USER, USER AND NOT MASTHEAD STUDIOSLTD. ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING OR REPAIR. Without limiting the foregoing, Masthead Studios Ltd. does not ensure continuous, error-free, secure or virus-free operation of the Application. THESE DISCLAIMERS OF WARRANTY CONSTITUTE AN ESSENTIAL PART OF THIS AGREEMENT.
4.2 No Liability For Damages. TO THE GREATEST EXTENT PERMISSIBLE BY LAW, IN NO EVENT SHALL MASTHEAD STUDIOS LTD., ANY PARENT, SUBSIDIARY OR OTHERWISE RELATED COMPANY, OR EMPLOYEES, AGENTS, OFFICERS AND/OR DIRECTORS OF ANY OF THE ABOVE, BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL PUNITIVE OR OTHER DAMAGES OR LOST PROFITS, DATA OR BUSINESS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE APPLICATION EVEN IF ANY OF THE ABOVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, MASTHEAD STUDIOS LTD. SHALL NOT BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE TO PLAYER CHARACTERS, VIRTUAL GOODS (E.G., WEAPONS, SKINS, CHASSIS, ETC.) OR VIRTUAL CURRENCY, CREDITS, ACCOUNTS, STATISTICS, OR USER STANDINGS, RANKS, OR PROFILE INFORMATION STORED BY THE GAME. MASTHEAD STUDIOS LTD. SHALL NOT BE RESPONSIBLE FOR ANY INTERRUPTIONS OF SERVICE, INCLUDING WITHOUT LIMITATION ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES, OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE. IN NO EVENT SHALL MASTHEAD STUDIOS LTD. BE LIABLE FOR ANY DAMAGES IN EXCESS OF ANY AMOUNT YOU HAVE PAID TO MASTHEAD STUDIOS LTD. FOR GAME-RELATED TRANSACTIONS, IF ANY, DURING THE SIX (6) MONTHS IMMEDIATELY PRIOR TO THE TIME YOUR CAUSE OF ACTION AROSE.
4.3 No Support. Masthead Studios Ltd. does not provide any guaranteed support for the Application. However, Masthead Studios Ltd. may provide an e-mail address, certain documentation, and/or forum for User to send any questions and/or comments regarding the Application. Masthead Studios Ltd. does not, however, make any representations or warranties as to the accuracy of any statements or advice provided in documentation or response to User’s e-mail(s) and/or board postings.
- Dispute Resolution and Choice of Law.
5.1 Informal Resolution. To facilitate the resolution of any controversy related to this Agreement (“Dispute”), you and Masthead Studios Ltd. agree to first attempt to resolve any Dispute (except those Disputes expressly provided below) informally for at least 30 days before initiating any arbitration or court proceeding. Informal resolution may be completed through a customer service mechanism. If this fails, additional informal discussions begin upon written notice from you or Masthead Studios Ltd. Masthead Studios Ltd. will send its notice to the email address you have provided to us and may also provide a copy to a physical address if we have one on file. You will send your notice to Masthead Studios Ltd., Sofia, Bulgaria, Cvetan Lazarov blvd. 33 floor 6 attn: Legal Department.
5.2 Binding Arbitration. If you and Masthead Studios Ltd. are unable to resolve a Dispute through informal discussions, either you or Masthead Studios Ltd. may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by final binding arbitration. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be performed under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”). Your arbitration fees and your share of arbitrator compensation shall be governed by these AAA rules. If such costs are determined by the arbitrator to be excessive, Masthead Studios Ltd. will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online as allowed by the AAA rules. Except as otherwise provided in this Agreement, you and Masthead Studios Ltd. may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
5.3 No Class Action. You and Masthead Studios Ltd. agree that any arbitration shall be limited to the Dispute between Masthead Studios Ltd. and you individually. To the full extent permitted by law no arbitration or other dispute resolution proceeding shall be joined with any other or decided on a class-action basis.
5.4 Exceptions to Informal Discussions and Arbitration. You and Masthead Studios Ltd. agree that the following Disputes are not subject to the above provisions concerning informal discussions and binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or Masthead Studios Ltd. ‘s intellectual property rights or Licensed Intellectual Property; (2) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or criminal activity; and (3) any claim for injunctive relief.
5.5 Venue. Construction and performance of this Agreement and the legal relations between the parties hereto shall be under the laws of Bulgaria without regard to its conflict of laws provisions. Each party hereby waives any claim that such venue is improper or inconvenient.
6.1 Survival. The provisions of this Agreement, other than Section 1.1 shall continue in full force and effect even after termination of this Agreement.
6.2 Severability and Assignment. If any provision of this Agreement shall be held invalid or unenforceable, in whole or in part, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, and the validity and enforceability of all other provisions of this Agreement shall not be affected thereby. User shall have no right to assign this Agreement.
6.3 Entire Agreement. This Agreement constitutes the entire agreement between the parties hereto relating to the subject matter hereof and supersedes all prior oral and written and all contemporaneous oral negotiations, commitments and understandings of the parties. Changes made by User to this Agreement will not be effective unless set forth in a writing describing the change and agreed to and signed by both Masthead Studios Ltd. and User. Masthead Studios Ltd. reserves the right to change the terms of this Agreement at any time upon notice to User by e-mail or on its web-page. Such changes by Masthead Studios Ltd. shall be effective upon notice to User and User’s continued used of the Application after notice of a change in terms by Masthead Studios Ltd. shall constitute User’s acknowledgment of, and agreement to, be bound by such changes.
© 2012 Masthead Studios Ltd. Masthead Studios Ltd., and the Masthead Studios Ltd logo are trademarks of Masthead Studios Ltd. All Rights Reserved.