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END USER LICENSE AGREEMENT
IMPORTANT - PLEASE READ THESE END USER LICENCE AGREEMENTS (“EULA(S)”) CAREFULLY BEFORE INSTALLING THIS SOFTWARE PRODUCT. BY INSTALLING, COPYING, AND/OR OTHERWISE USING THE SOFTWARE PRODUCT YOU AGREE TO BE BOUND BY THE TERMS OF ANY AND ALL EULAS THAT PERTAIN TO ITS USE. WE ARE ONLY PREPARED TO LICENCE YOU TO USE THE SOFTWARE PRODUCT ON THE TERMS OF THE RELEVANT EULAS. BEFORE INSTALLING THIS SOFTWARE PRODUCT PLEASE MAKE SURE THAT YOUR COMPUTER MEETS THE MINIMUM TECHNICAL SPECIFICATIONS FOR THE PROPER OPERATION OF THIS SOFTWARE PRODUCT.
1. END USER LICENSE AGREEMENT
This end-user license agreement (“EULA”) is a legal agreement between you (either an individual or a single entity), hereinafter sometimes referred to as “You,” “End User” or “Licensee,” and Barking Kitten Interactive Co., Ltd. (“Barking Kitten”) for the Barking Kitten software product accompanying this EULA which includes video game related software and may include associated media, printed media, and on-line or electronic documentation (collectively, “Software Product” or, alternatively, the “Game”). Any and all uses of the Software Product are governed by the terms of this EULA. If you do not agree to the terms of this EULA, you should not install, copy, download or use the Software Product and in which case you should contact your vendor regarding its return policy. If you are purchasing this Software Product from a Barking Kitten or third party distributor website (a “Website”) and do not agree, click “disagree/decline.” You agree that your use of the software acknowledges that you have read this agreement, understand it, and agree to be bound by its terms and conditions, and that you represent and warrant that you are an adult and are either accepting this EULA on behalf of yourself or on behalf of your child or ward, as the case may be. If the End User has not attained the age of majority, he/she is obliged to obtain the necessary permission in the form required by law from the parents or other legal representatives.
2. OWNERSHIP
It is hereby understood and agreed that, as between you and Barking Kitten, Barking Kitten, is the owner of all right titles, ownership rights, intellectual property rights and interests in and to the Software Product and all copies thereof (including without limitation any titles, computer codes, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artworks, character inventories, structural or landscape designs, animations, sounds, musical compositions and recordings, audio-visual effects, storylines, character likenesses, methods of operation, moral rights, and any related documentation), regardless of the media or form of the original download, whether online, by disk or otherwise. You, as Licensee, through your downloading, installing, copying or use of this product do not acquire any ownership rights to the Software Product.
3. GENERAL
The Software Product is licensed, not sold, to you by Barking Kitten for use only under the terms and conditions of this EULA. The Software Product is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The rights granted herein are limited to Barking Kitten’s and its licensors’ intellectual property rights in the Software Product and do not include any other patents or intellectual property rights. The Software Product may contain license management software (also known as digital rights management software) that restricts your use of the Software Product.
4. SOFTWARE PRODUCT
The Software Product, as used in this EULA, means, collectively and/or as applicable:
A. The Software Product package;
B. Any and all contents, components, attachments, software, media, and code with which this EULA is provided and delivered via disk or a Website;
C. Any and all game design, characters, images, graphics, photographs, art, art work, clip art, text, fonts, music, sounds, voices or other sensory content (the “Game Content”);
D. Related explanatory written materials and instructions, and any other possible documentation related thereto (“Documentation”); and
E. Upgrades, modified versions, updates, additions, expansion packs and copies of the Software Product (the “Upgrades”), if any, provided to you by Barking Kitten under this EULA.
The terms of this EULA will govern any Upgrades provided by Barking Kitten that replace and/or supplement the original Software Product, unless such Upgrade is accompanied by a separate license in which case the terms of that license will govern.
5. GRANT OF LICENSE AND RESTRICTIONS
A. Subject to your agreement to and continuing compliance with this EULA, Barking Kitten hereby grants, and you hereby accept, a limited, non-exclusive, non-transferable End User license to: (1) install the Software Product on the local hard disk(s) or other permanent storage media of one computer, or, on one other game play device owned by you or under your legitimate control (each a “Unit”); and (2) use the Software Product on a single Unit at a time and for non-commercial entertainment purposes only. Licensee may physically transfer the Software Product between Units provided that it is used on only one Unit at any given time.
B. Barking Kitten authorizes the End User to make one (1) copy of the Software Product as an archival backup copy, provided End-User’s backup copy is not installed or used on any Unit. Any other copies you make or authorize are in violation of this EULA.
C. Unless provided otherwise in the Documentation, you shall not display, modify, reproduce and distribute any Game Content, or portion(s) thereof, included with or relating to the Software Product, if any. Any such authorized display, modification, reproduction and distribution shall be in full accord with this EULA. Under no circumstances will your use, display, modification, reproduction and distribution of the Game Content give you any intellectual property or proprietary rights in the Game Content or in any logos and/or trade or service marks of Barking Kitten. All rights, title, and interests belong solely to Barking Kitten and its licensors.
D. Except for the initial loading of the Software Product on a hard disk or other permanent storage media for archival/backup purposes as provided for above, you shall not, without Barking Kitten’s express written consent:
i. Copy or reproduce, auction, loan, rent, lease, sublicense, gift or transfer the Software Product;
ii. Electronically transfer the Software Product through a LAN (local area network) or file sharing network; or
iii. Modify, adapt, translate, reverse engineer, derive source code from, disassemble, decompile or create derivative works based on the Software Product or any accompanying materials, except to the extent allowed under any applicable law or allowed by the rule of the Game.
Any use of the Software Product in violation of these limitations will be regarded as an infringement of Barking Kitten’s copyrights in and to the Software Product.
E. By accepting the terms of this EULA, you further agree that you will not, under any circumstances:
i. Use, develop or sell cheats, automation software (bots), hacks, mods or any other unauthorized third-party software designed to modify the Software Product;
ii. Exploit the Software Product or any of its part for any commercial purpose, including without limitation (a) use at a cyber café, computer gaming center or any other location-based site; (b) for gathering in-game currency, items or resources for sale outside the Game; or (c) performing in-game services in exchange for payment outside the Game, e.g., power-leveling;
iii. Remove, disable or circumvent any security protections, proprietary notices or labels contained on or within the Software Product; or
iv. Use any obscene, pornographic, provocative or racist language or material on the Forums and chats relating to the Game.
Any use of the Software Product in violation of these limitations will be regarded as an infringement to this EULA and will be pursued to the fullest extent permissible under the law.
6. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
A. From time to time, at Barking Kitten’s sole discretion, Barking Kitten may provide you with support services related to the Software Product (“Support Services”). Barking Kitten reserves the right to alter, suspend, and terminate the Support Services at any time and for any reason.
B. Any supplemental software, code, content, or media provided to you in the course of Support Services shall be considered part of the Software Product and subject to the terms and conditions of this EULA.
C. You shall not modify, sublicense, assign, or transfer the Software Product or any rights under this EULA, except as expressly provided in this EULA. Any attempt to otherwise sublicense, assign, or transfer any of the rights, duties, or obligations will be void.
D. Barking Kitten shall have the right, at any time, without notice to the End User to: (1) unilaterally suspend or modify the Game process and the Game conditions; (2) modify or delete any information posted by End User on the Forum and chats relating to the Game, including statements and declarations; and (3) improve or modify the Game, or any of its part. As a consequence, End User can participate in the Game in its current version.
E. Barking Kitten shall have the right to collect End User’s personal and technical information, including but not limited to age, country of residence, IP address, computer configuration and software usage, which is gathered periodically to facilitate the provision of software updates, product support and other services related to the Software Product. Barking Kitten may use this information to improve its products or to provide services or technologies to End User. Such information shall not be sold or transferred to any third parties without the previous consent of End User.
7. TERM
A. This License is effective until terminated. Licensee may terminate it at any time by destroying the Software Product with all copies, full or partial, and removing all of its component parts. Barking Kitten may terminate this Agreement at any time for any reason. Upon such termination, all licenses granted herein shall immediately terminate and you must immediately and permanently destroy all copies of the Game in your possession and control and remove the Software Product from your hard drive. The term of this EULA runs concurrently with the period during which the consumer uses and retains the Software Product. If the Software Product is transferred (to the extent allowed under this EULA), the license is transferred with it.
B. Your rights under this EULA will terminate automatically without notice from Barking Kitten if you fail to comply with any term(s) or condition(s) of this EULA. In such event, no notice shall be required by Barking Kitten to effect such termination.
C. Upon termination of this EULA, you shall cease all use of the Software Product and destroy all copies, full or partial, together with all backup copies, modifications, printed or written materials, and merged portions in any form and remove all component parts of the Software Product which have been downloaded onto your Unit.
8. INTELLECTUAL PROPERTY RIGHTS
A. As between you and Barking Kitten, Barking Kitten shall retain all right, title, and interest in the Software Product and to any modifications or improvements made thereto, and any upgrades, updates or Documentation provided to End User.
B. You acknowledge Barking Kitten’s exclusive rights in the Software Product and that the Software Product is unique and original to Barking Kitten and that Barking Kitten is owner thereof. Unless otherwise permitted by law, End User shall not, at any time during or after the effective Term of the Agreement, dispute or contest, directly or indirectly, Barking Kitten’s exclusive right and title to the Software Product or the validity thereof.
C. You shall not attempt to develop any Software Product that contains the “look and feel” of any of the Software Product.
D. You hereby expressly agree not to extract information, reverse engineer, disassemble, decompile, or translate the Software Product, or otherwise attempt to derive the source code of the Software Product, except to the extent allowed under any applicable law or allowed by the rule of the Game. In the event that such activities are permitted by applicable law, any information you, or your authorized agent, discover shall be promptly disclosed to Barking Kitten and shall be deemed the confidential information of Barking Kitten.
9. DISCLAIMER OF WARRANTIES.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE PRODUCT IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, AND ACCURACY IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE PRODUCT IS PROVIDED “AS IS,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE PRODUCT, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. BARKING KITTEN DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE PRODUCT, THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE PRODUCT WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE PRODUCT OR THE ADDITIONAL SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE PRODUCT WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY BARKING KITTEN OR A BARKING KITTEN AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SOFTWARE PRODUCT 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 LIMITATION ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
10. DEFECTS AND SECURITY WARNING.
A. WITHOUT LIMITING THE FOREGOING, BARKING KITTEN DOES NOT ENSURE CONTINUOUS, ERROR-FREE, SECURE OR VIRUS-FREE OPERATION OF THE SOFTWARE PRODUCT.
B. WARNING: BY INSTALLATION AND/OR USE OF THE SOFTWARE PRODUCT, YOU MAY BE INSTALLING INTO YOUR UNIT SOFTWARE THAT IS ALLEGED OR MAY BE ALLEGED TO COMPROMISE THE SECURITY OF YOUR UNIT, ITS OPERATING SYSTEM AND FILES. IF AT ANY TIME YOU WISH TO DE-INSTALL THE SOFTWARE PRODUCT BECAUSE YOU BELIEVE THE SECURITY OF YOUR UNIT, OPERATING SYSTEM OR FILES MAY BE OR HAS BEEN COMPROMISED, YOU MAY NEED TO EXECUTE A SEPARATE ROUTINE TO DE-INSTALL THE FEATURE THAT MAY BE COMPROMISING YOUR SECURITY. DAMAGES YOU MAY RECOVER FOR ANY SUCH ALLEGED SECURITY BREACHES ARE SUBJECT TO THE LIMITATION OF LIABILITY AS SET FORTH HEREIN.
11. INDEMNIFICATION
You hereby agree to indemnify, defend and hold harmless Barking Kitten and its affiliates and their respective officers, employees, directors, agents, licensees (excluding you), sublicensees (excluding you), successors and assigns from and against any and all liability, costs, losses, damages, and expenses (including reasonable attorneys’ fees and expenses) arising out of any claim, suit, or cause of action relating to and/or arising from (a) your breach of any term of this EULA; (b) your violation of any rights of any third party; or (c) your use or misuse of the Software Product. Your indemnification obligations set forth in the immediately preceding sentence shall survive the termination of this EULA.
12. GOVERNING LAW.
This Agreement is governed by and construed following the laws of Thailand and shall be subject to the exclusive jurisdiction of the Trial courts.
13. WAIVER & SEVERABILITY.
A failure on the part of Barking Kitten to act with respect to a breach by you or others of this EULA does not waive our right to act with respect to subsequent or similar breaches. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this EULA shall continue in full force and effect.
15. ALL RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY BARKING KITTEN.
IMPORTANT - PLEASE READ THESE END USER LICENCE AGREEMENTS (“EULA(S)”) CAREFULLY BEFORE INSTALLING THIS SOFTWARE PRODUCT. BY INSTALLING, COPYING, AND/OR OTHERWISE USING THE SOFTWARE PRODUCT YOU AGREE TO BE BOUND BY THE TERMS OF ANY AND ALL EULAS THAT PERTAIN TO ITS USE. WE ARE ONLY PREPARED TO LICENCE YOU TO USE THE SOFTWARE PRODUCT ON THE TERMS OF THE RELEVANT EULAS. BEFORE INSTALLING THIS SOFTWARE PRODUCT PLEASE MAKE SURE THAT YOUR COMPUTER MEETS THE MINIMUM TECHNICAL SPECIFICATIONS FOR THE PROPER OPERATION OF THIS SOFTWARE PRODUCT.
1. END USER LICENSE AGREEMENT
This end-user license agreement (“EULA”) is a legal agreement between you (either an individual or a single entity), hereinafter sometimes referred to as “You,” “End User” or “Licensee,” and Barking Kitten Interactive Co., Ltd. (“Barking Kitten”) for the Barking Kitten software product accompanying this EULA which includes video game related software and may include associated media, printed media, and on-line or electronic documentation (collectively, “Software Product” or, alternatively, the “Game”). Any and all uses of the Software Product are governed by the terms of this EULA. If you do not agree to the terms of this EULA, you should not install, copy, download or use the Software Product and in which case you should contact your vendor regarding its return policy. If you are purchasing this Software Product from a Barking Kitten or third party distributor website (a “Website”) and do not agree, click “disagree/decline.” You agree that your use of the software acknowledges that you have read this agreement, understand it, and agree to be bound by its terms and conditions, and that you represent and warrant that you are an adult and are either accepting this EULA on behalf of yourself or on behalf of your child or ward, as the case may be. If the End User has not attained the age of majority, he/she is obliged to obtain the necessary permission in the form required by law from the parents or other legal representatives.
2. OWNERSHIP
It is hereby understood and agreed that, as between you and Barking Kitten, Barking Kitten, is the owner of all right titles, ownership rights, intellectual property rights and interests in and to the Software Product and all copies thereof (including without limitation any titles, computer codes, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artworks, character inventories, structural or landscape designs, animations, sounds, musical compositions and recordings, audio-visual effects, storylines, character likenesses, methods of operation, moral rights, and any related documentation), regardless of the media or form of the original download, whether online, by disk or otherwise. You, as Licensee, through your downloading, installing, copying or use of this product do not acquire any ownership rights to the Software Product.
3. GENERAL
The Software Product is licensed, not sold, to you by Barking Kitten for use only under the terms and conditions of this EULA. The Software Product is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The rights granted herein are limited to Barking Kitten’s and its licensors’ intellectual property rights in the Software Product and do not include any other patents or intellectual property rights. The Software Product may contain license management software (also known as digital rights management software) that restricts your use of the Software Product.
4. SOFTWARE PRODUCT
The Software Product, as used in this EULA, means, collectively and/or as applicable:
A. The Software Product package;
B. Any and all contents, components, attachments, software, media, and code with which this EULA is provided and delivered via disk or a Website;
C. Any and all game design, characters, images, graphics, photographs, art, art work, clip art, text, fonts, music, sounds, voices or other sensory content (the “Game Content”);
D. Related explanatory written materials and instructions, and any other possible documentation related thereto (“Documentation”); and
E. Upgrades, modified versions, updates, additions, expansion packs and copies of the Software Product (the “Upgrades”), if any, provided to you by Barking Kitten under this EULA.
The terms of this EULA will govern any Upgrades provided by Barking Kitten that replace and/or supplement the original Software Product, unless such Upgrade is accompanied by a separate license in which case the terms of that license will govern.
5. GRANT OF LICENSE AND RESTRICTIONS
A. Subject to your agreement to and continuing compliance with this EULA, Barking Kitten hereby grants, and you hereby accept, a limited, non-exclusive, non-transferable End User license to: (1) install the Software Product on the local hard disk(s) or other permanent storage media of one computer, or, on one other game play device owned by you or under your legitimate control (each a “Unit”); and (2) use the Software Product on a single Unit at a time and for non-commercial entertainment purposes only. Licensee may physically transfer the Software Product between Units provided that it is used on only one Unit at any given time.
B. Barking Kitten authorizes the End User to make one (1) copy of the Software Product as an archival backup copy, provided End-User’s backup copy is not installed or used on any Unit. Any other copies you make or authorize are in violation of this EULA.
C. Unless provided otherwise in the Documentation, you shall not display, modify, reproduce and distribute any Game Content, or portion(s) thereof, included with or relating to the Software Product, if any. Any such authorized display, modification, reproduction and distribution shall be in full accord with this EULA. Under no circumstances will your use, display, modification, reproduction and distribution of the Game Content give you any intellectual property or proprietary rights in the Game Content or in any logos and/or trade or service marks of Barking Kitten. All rights, title, and interests belong solely to Barking Kitten and its licensors.
D. Except for the initial loading of the Software Product on a hard disk or other permanent storage media for archival/backup purposes as provided for above, you shall not, without Barking Kitten’s express written consent:
i. Copy or reproduce, auction, loan, rent, lease, sublicense, gift or transfer the Software Product;
ii. Electronically transfer the Software Product through a LAN (local area network) or file sharing network; or
iii. Modify, adapt, translate, reverse engineer, derive source code from, disassemble, decompile or create derivative works based on the Software Product or any accompanying materials, except to the extent allowed under any applicable law or allowed by the rule of the Game.
Any use of the Software Product in violation of these limitations will be regarded as an infringement of Barking Kitten’s copyrights in and to the Software Product.
E. By accepting the terms of this EULA, you further agree that you will not, under any circumstances:
i. Use, develop or sell cheats, automation software (bots), hacks, mods or any other unauthorized third-party software designed to modify the Software Product;
ii. Exploit the Software Product or any of its part for any commercial purpose, including without limitation (a) use at a cyber café, computer gaming center or any other location-based site; (b) for gathering in-game currency, items or resources for sale outside the Game; or (c) performing in-game services in exchange for payment outside the Game, e.g., power-leveling;
iii. Remove, disable or circumvent any security protections, proprietary notices or labels contained on or within the Software Product; or
iv. Use any obscene, pornographic, provocative or racist language or material on the Forums and chats relating to the Game.
Any use of the Software Product in violation of these limitations will be regarded as an infringement to this EULA and will be pursued to the fullest extent permissible under the law.
6. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
A. From time to time, at Barking Kitten’s sole discretion, Barking Kitten may provide you with support services related to the Software Product (“Support Services”). Barking Kitten reserves the right to alter, suspend, and terminate the Support Services at any time and for any reason.
B. Any supplemental software, code, content, or media provided to you in the course of Support Services shall be considered part of the Software Product and subject to the terms and conditions of this EULA.
C. You shall not modify, sublicense, assign, or transfer the Software Product or any rights under this EULA, except as expressly provided in this EULA. Any attempt to otherwise sublicense, assign, or transfer any of the rights, duties, or obligations will be void.
D. Barking Kitten shall have the right, at any time, without notice to the End User to: (1) unilaterally suspend or modify the Game process and the Game conditions; (2) modify or delete any information posted by End User on the Forum and chats relating to the Game, including statements and declarations; and (3) improve or modify the Game, or any of its part. As a consequence, End User can participate in the Game in its current version.
E. Barking Kitten shall have the right to collect End User’s personal and technical information, including but not limited to age, country of residence, IP address, computer configuration and software usage, which is gathered periodically to facilitate the provision of software updates, product support and other services related to the Software Product. Barking Kitten may use this information to improve its products or to provide services or technologies to End User. Such information shall not be sold or transferred to any third parties without the previous consent of End User.
7. TERM
A. This License is effective until terminated. Licensee may terminate it at any time by destroying the Software Product with all copies, full or partial, and removing all of its component parts. Barking Kitten may terminate this Agreement at any time for any reason. Upon such termination, all licenses granted herein shall immediately terminate and you must immediately and permanently destroy all copies of the Game in your possession and control and remove the Software Product from your hard drive. The term of this EULA runs concurrently with the period during which the consumer uses and retains the Software Product. If the Software Product is transferred (to the extent allowed under this EULA), the license is transferred with it.
B. Your rights under this EULA will terminate automatically without notice from Barking Kitten if you fail to comply with any term(s) or condition(s) of this EULA. In such event, no notice shall be required by Barking Kitten to effect such termination.
C. Upon termination of this EULA, you shall cease all use of the Software Product and destroy all copies, full or partial, together with all backup copies, modifications, printed or written materials, and merged portions in any form and remove all component parts of the Software Product which have been downloaded onto your Unit.
8. INTELLECTUAL PROPERTY RIGHTS
A. As between you and Barking Kitten, Barking Kitten shall retain all right, title, and interest in the Software Product and to any modifications or improvements made thereto, and any upgrades, updates or Documentation provided to End User.
B. You acknowledge Barking Kitten’s exclusive rights in the Software Product and that the Software Product is unique and original to Barking Kitten and that Barking Kitten is owner thereof. Unless otherwise permitted by law, End User shall not, at any time during or after the effective Term of the Agreement, dispute or contest, directly or indirectly, Barking Kitten’s exclusive right and title to the Software Product or the validity thereof.
C. You shall not attempt to develop any Software Product that contains the “look and feel” of any of the Software Product.
D. You hereby expressly agree not to extract information, reverse engineer, disassemble, decompile, or translate the Software Product, or otherwise attempt to derive the source code of the Software Product, except to the extent allowed under any applicable law or allowed by the rule of the Game. In the event that such activities are permitted by applicable law, any information you, or your authorized agent, discover shall be promptly disclosed to Barking Kitten and shall be deemed the confidential information of Barking Kitten.
9. DISCLAIMER OF WARRANTIES.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE PRODUCT IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, AND ACCURACY IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE PRODUCT IS PROVIDED “AS IS,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE PRODUCT, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. BARKING KITTEN DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE PRODUCT, THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE PRODUCT WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE PRODUCT OR THE ADDITIONAL SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE PRODUCT WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY BARKING KITTEN OR A BARKING KITTEN AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SOFTWARE PRODUCT 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 LIMITATION ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
10. DEFECTS AND SECURITY WARNING.
A. WITHOUT LIMITING THE FOREGOING, BARKING KITTEN DOES NOT ENSURE CONTINUOUS, ERROR-FREE, SECURE OR VIRUS-FREE OPERATION OF THE SOFTWARE PRODUCT.
B. WARNING: BY INSTALLATION AND/OR USE OF THE SOFTWARE PRODUCT, YOU MAY BE INSTALLING INTO YOUR UNIT SOFTWARE THAT IS ALLEGED OR MAY BE ALLEGED TO COMPROMISE THE SECURITY OF YOUR UNIT, ITS OPERATING SYSTEM AND FILES. IF AT ANY TIME YOU WISH TO DE-INSTALL THE SOFTWARE PRODUCT BECAUSE YOU BELIEVE THE SECURITY OF YOUR UNIT, OPERATING SYSTEM OR FILES MAY BE OR HAS BEEN COMPROMISED, YOU MAY NEED TO EXECUTE A SEPARATE ROUTINE TO DE-INSTALL THE FEATURE THAT MAY BE COMPROMISING YOUR SECURITY. DAMAGES YOU MAY RECOVER FOR ANY SUCH ALLEGED SECURITY BREACHES ARE SUBJECT TO THE LIMITATION OF LIABILITY AS SET FORTH HEREIN.
11. INDEMNIFICATION
You hereby agree to indemnify, defend and hold harmless Barking Kitten and its affiliates and their respective officers, employees, directors, agents, licensees (excluding you), sublicensees (excluding you), successors and assigns from and against any and all liability, costs, losses, damages, and expenses (including reasonable attorneys’ fees and expenses) arising out of any claim, suit, or cause of action relating to and/or arising from (a) your breach of any term of this EULA; (b) your violation of any rights of any third party; or (c) your use or misuse of the Software Product. Your indemnification obligations set forth in the immediately preceding sentence shall survive the termination of this EULA.
12. GOVERNING LAW.
This Agreement is governed by and construed following the laws of Thailand and shall be subject to the exclusive jurisdiction of the Trial courts.
13. WAIVER & SEVERABILITY.
A failure on the part of Barking Kitten to act with respect to a breach by you or others of this EULA does not waive our right to act with respect to subsequent or similar breaches. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this EULA shall continue in full force and effect.
15. ALL RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY BARKING KITTEN.