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This End User License Agreement (“EULA”) sets out the basis on which TRIKINGO LLC (“TRIKINGO”) makes the Product available to you and governs your use of the Product. As used in this EULA, “Product” means, either collectively or as applicable:
1. The contents, components, attachments, software, media, and code of the Tales of Argento: Spirit of the Goddess video game with which this EULA is provided;
2. The video game’s design, characters, images, graphics, photographs, artwork, text, music, sounds, and other content;
3. Explanatory written materials and instructions, and other related documentation provided by TRIKINGO in connection with the game described above; and
4. Upgrades, modifications, updates, additions, and supplemental software, code, content, or media (to the extent applicable) provided to you by TRIKINGO under this EULA, including any Support Services and Add-Ons (as applicable) (defined in Section 4 below).
TRIKINGO’s Privacy Policy (“Privacy Policy”), which can be found on forms an integral part of this EULA and is incorporated by reference therein. By downloading or installing the Product, you accept and agree to be bound by this EULA and the Privacy Policy, and you represent and warrant that you are an adult and are accepting this EULA on your own behalf or on behalf of your child (as applicable). If you do not agree to these terms, you should not install, copy, download or use the Product.
This EULA constitutes a form of “Subscription Terms” as defined in the Steam Subscriber Agreement (available at //014216.com/subscriber_agreement) (“Steam Subscriber Agreement”), and shall be read in addition to the Steam Subscriber Agreement and not as a substitute or replacement thereof; provided that, as between TRIKINGO and you, in the event of any conflict between this EULA and the Steam Subscriber Agreement, the terms of this EULA shall control.
TRIKINGO reserves the right to modify this EULA at any time in accordance with Section 8 below.
1. LICENSE GRANT. TRIKINGO grants you a non-exclusive, non-transferable, non-sublicensable, non-commercial and personal license to install and use the Product during the Term (defined below) on the terms of this EULA. THIS PRODUCT IS LICENSED TO YOU, NOT SOLD. Unless applicable law gives you more rights despite this limitation, you may use the Product only as expressly permitted by this EULA, and subject to the terms herein:
a. You shall not, directly or indirectly, (i) sell, rent out, lease, license, distribute, market, or exploit the Product commercially; (ii) work around any technical limitations in the Product; (iii) reverse engineer, decompile, disassemble, adapt, reproduce, or create derivate works of this Product; (iv) remove, alter, disable or circumvent any copyright and trademark indications or other authorship and origin information, notices or labels contained on or within this Product; (v) modify, distort, block, burden, disrupt, slow down and/or hinder the performance or operations of the Product (including the systems, software, networks, or related products used to provide the Product) attempt to do any of the above; (vi) make copies of the Product beyond what is permitted in this EULA or by applicable law, including by publishing the Product for others to copy; or (vii) transfer the Product or this EULA to any third party without TRIKINGO’s express prior written authorization. Additionally, for the avoidance of doubt, you shall not use the Product (in whole or in part) in any manner that creates or contributes to the training or development of an AI model or algorithm without TRIKINGO’s express written consent.
b. You agree that your use of the Product will comply with all applicable laws, rules, and regulations, and you will not create, use, or publish any material (text, words, images, sounds, videos, etc.) in connection with the Product that would violate any third party’s rights (including intellectual property rights or an individual’s right to privacy) or incite any unlawful act (in particular, piracy, cracking or circulation of counterfeit software). TRIKINGO may also implement rules of conduct that govern your use of the Product (which can be modified at any time at TRIKINGO’s discretion) (“Rules of Conduct”); in such cases, you agree that your use of the Product will also comply with such Rules of Conduct.
c. The Product uses or incorporates third-party features to which additional terms may apply. The terms applicable to such third-party features have been attached below this EULA (“Additional Terms”). Please review such Additional Terms carefully, as you must comply with such Additional Terms.
d. For the avoidance of doubt, the licenses granted herein apply to the most recent version of the Product made publicly available by TRIKINGO. TRIKINGO shall have the right, at any time and without notice to you, to unilaterally suspend or modify the processes, conditions, and other functions of the Product, and otherwise improve or modify the Product.
2. OWNERSHIP. As between you and TRIKINGO, all right, title, and interest in and to the Product (including, without limitation, all confidential, intellectual property, and other proprietary rights) are owned by TRIKINGO. Except as expressly set forth in this EULA, all rights not granted hereunder to you are expressly reserved by TRIKINGO. Any reproduction or representation of the Product and its licensed materials in any way and for any reason is prohibited without TRIKINGO’s prior permission.
3. PERSONAL DATA. TRIKINGO shall collect and process certain personal information from you in connection with your use of and access to the Product, including but not limited to age, IP address, computer configuration and software usage. Such personal information shall be processed in accordance with our Privacy Policy.
4. SUPPORT SERVICES/ADD-ONS. From time to time, at TRIKINGO’s sole discretion, TRIKINGO may (but is not required to) provide you with support services related to the Product (“Support Services”). TRIKINGO reserves the right to alter, suspend, and terminate the Support Services at any time and for any reason. Additionally, TRIKINGO may make available to you certain supplemental in-game features within the Product under the terms specified in this EULA (“Add-Ons”). Add-Ons are not a necessary condition for access to or use of the Product. As of the date on which this EULA was last updated, TRIKINGO does not currently provide any Add-Ons. As a condition to the use of Add-Ons, you acknowledge and agree that: the list and cost of Add-Ons, and the methods and conditions of purchasing the in-game currency are published by Steam. For any policies and procedures relating to the payment systems used to purchase Add-Ons, please refer to the Steam Subscriber Agreement. TRIKINGO does not make any representations or warranties to you regarding the rules and procedures of such payment systems or Add-Ons. Any amount that you pay for any Add-On is non-refundable, and TRIKINGO shall not be liable for the loss of your in-game values.
5. DISCLAIMER; LIMITATION OF LIABILITY. EXCEPT AS EXPRESSLY PROVIDED IN THIS EULA, YOU ACKNOWLEDGE AND AGREE THAT USE OF THE PRODUCT IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, AND ACCURACY IS WITH YOU. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE PRODUCT IS SUPPLIED ON AN “AS IS” AND “AS AVAILABLE“ BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND TRIKINGO HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE PRODUCT, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, EXPRESS OR IMPLIED WARRANTIES REGARDING THE PRODUCT’S CONFORMITY, ACCURACY, COMPLETENESS, RELIABILITY OR SECURITY, 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. TRIKINGO DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE PRODUCT, THAT THE FUNCTIONS CONTAINED IN THE PRODUCT WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE PRODUCT OR THE ADD-ONS WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE PRODUCT WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY TRIKINGO SHALL CREATE A WARRANTY. YOU ASSUME ALL RESPONSIBILITY FOR SELECTING THE PRODUCT TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE PRODUCT. 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. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL TRIKINGO OR its SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PRODUCT OR ANY ADD-ONS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. WITHOUT LIMITING THE FOREGOING, IN NO EVENT TRIKINGO BE LIABLE FOR DAMAGES IN EXCESS OF ANY AMOUNT YOU HAVE PAID TO TRIKINGO FOR THE PRODUCT DURING THE TWELVE (12) MONTHS IMMEDIATELY PRIOR TO THE TIME THAT YOUR CAUSE OF ACTION AROSE.
6. INDEMNITY. You hereby agree to indemnify, defend and hold harmless TRIKINGO and its respective officers, employees, directors, agents, 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; or (b) your use or misuse of the Product (including any Add-Ons). Your indemnification obligations set forth in the immediately preceding sentence shall survive the termination of this EULA.
7. TERMINATION. The EULA is effective from the date that you download the Product or purchase the corresponding Subscription (as defined in the Steam Subscriber Agreement) to the Product (whichever is earliest), and shall continue until terminated according to its terms (the “Term”). You and TRIKINGO may each respectively terminate this EULA at any time and for any reason. You may terminate this EULA at any time by deleting all copies of the Product in your possession and control and removing the Product from your hard drive. Termination by TRIKINGO will be effective upon (a) notice to you or (b) at the time of TRIKINGO’s decision to discontinue offering or supporting the Product. This EULA will terminate automatically if you fail to comply with any of the terms and conditions of this EULA or if your Steam Subscriber Agreement terminates or expires. Upon termination of this EULA for any reason, all licenses granted to you herein shall immediately terminate and you must immediately and permanently destroy all copies of the Product in your possession and control and remove the Product from your hard drive.
8. CHANGES TO THIS EULA OR TO THE PRODUCT. TRIKINGO reserves the right, in its sole and absolute discretion, to revise, update, change, modify, add to, supplement any terms of this EULA and/or the Product for any reason or without any specific reason, at any time and at its entire discretion, in particular for technical reasons such as updates, maintenance operations and/or resets to improve and/or optimize the Product. Such changes will be effective with or, as applicable, without prior notice to you. You are responsible for checking this EULA periodically for changes. If any future changes to this EULA are unacceptable to you or would cause you to no longer be in compliance with this EULA, you may terminate this EULA in accordance with Section 7 and must immediately uninstall the Product and destroy all copies of the Product. Your continued use of the Product following any revision to this EULA constitutes your complete and irrevocable acceptance of any such changes.
9. MISCELLANEOUS. This EULA, together with the Privacy Policy and other terms and agreements incorporated herein, constitutes the sole and entire agreement between you and TRIKINGO regarding the Product and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, whether written and oral, with respect thereto. No failure or delay by TRIKINGO to exercise any right or remedy provided under this EULA or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. If any court of competent jurisdiction or competent authority finds that any provision of this EULA is invalid, illegal, or unenforceable, that provision shall, to the extent required, be deemed deleted, and the validity and enforceability of the remaining provisions of this EULA shall not be affected. This EULA and any disputes or claims arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with the laws of the United States and the State of Illinois, without giving effect to any principles of conflicts of laws. You irrevocably agree that the courts of Illinois have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the EULA or its subject matter or formation (including non-contractual disputes or claims). This EULA shall not be governed by the United Nations Conventions of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded from any interpretation of this EULA.
For any questions concerning this EULA, you may contact TRIKINGO at the following address:
1. The contents, components, attachments, software, media, and code of the Tales of Argento: Spirit of the Goddess video game with which this EULA is provided;
2. The video game’s design, characters, images, graphics, photographs, artwork, text, music, sounds, and other content;
3. Explanatory written materials and instructions, and other related documentation provided by TRIKINGO in connection with the game described above; and
4. Upgrades, modifications, updates, additions, and supplemental software, code, content, or media (to the extent applicable) provided to you by TRIKINGO under this EULA, including any Support Services and Add-Ons (as applicable) (defined in Section 4 below).
TRIKINGO’s Privacy Policy (“Privacy Policy”), which can be found on forms an integral part of this EULA and is incorporated by reference therein. By downloading or installing the Product, you accept and agree to be bound by this EULA and the Privacy Policy, and you represent and warrant that you are an adult and are accepting this EULA on your own behalf or on behalf of your child (as applicable). If you do not agree to these terms, you should not install, copy, download or use the Product.
This EULA constitutes a form of “Subscription Terms” as defined in the Steam Subscriber Agreement (available at //014216.com/subscriber_agreement) (“Steam Subscriber Agreement”), and shall be read in addition to the Steam Subscriber Agreement and not as a substitute or replacement thereof; provided that, as between TRIKINGO and you, in the event of any conflict between this EULA and the Steam Subscriber Agreement, the terms of this EULA shall control.
TRIKINGO reserves the right to modify this EULA at any time in accordance with Section 8 below.
1. LICENSE GRANT. TRIKINGO grants you a non-exclusive, non-transferable, non-sublicensable, non-commercial and personal license to install and use the Product during the Term (defined below) on the terms of this EULA. THIS PRODUCT IS LICENSED TO YOU, NOT SOLD. Unless applicable law gives you more rights despite this limitation, you may use the Product only as expressly permitted by this EULA, and subject to the terms herein:
a. You shall not, directly or indirectly, (i) sell, rent out, lease, license, distribute, market, or exploit the Product commercially; (ii) work around any technical limitations in the Product; (iii) reverse engineer, decompile, disassemble, adapt, reproduce, or create derivate works of this Product; (iv) remove, alter, disable or circumvent any copyright and trademark indications or other authorship and origin information, notices or labels contained on or within this Product; (v) modify, distort, block, burden, disrupt, slow down and/or hinder the performance or operations of the Product (including the systems, software, networks, or related products used to provide the Product) attempt to do any of the above; (vi) make copies of the Product beyond what is permitted in this EULA or by applicable law, including by publishing the Product for others to copy; or (vii) transfer the Product or this EULA to any third party without TRIKINGO’s express prior written authorization. Additionally, for the avoidance of doubt, you shall not use the Product (in whole or in part) in any manner that creates or contributes to the training or development of an AI model or algorithm without TRIKINGO’s express written consent.
b. You agree that your use of the Product will comply with all applicable laws, rules, and regulations, and you will not create, use, or publish any material (text, words, images, sounds, videos, etc.) in connection with the Product that would violate any third party’s rights (including intellectual property rights or an individual’s right to privacy) or incite any unlawful act (in particular, piracy, cracking or circulation of counterfeit software). TRIKINGO may also implement rules of conduct that govern your use of the Product (which can be modified at any time at TRIKINGO’s discretion) (“Rules of Conduct”); in such cases, you agree that your use of the Product will also comply with such Rules of Conduct.
c. The Product uses or incorporates third-party features to which additional terms may apply. The terms applicable to such third-party features have been attached below this EULA (“Additional Terms”). Please review such Additional Terms carefully, as you must comply with such Additional Terms.
d. For the avoidance of doubt, the licenses granted herein apply to the most recent version of the Product made publicly available by TRIKINGO. TRIKINGO shall have the right, at any time and without notice to you, to unilaterally suspend or modify the processes, conditions, and other functions of the Product, and otherwise improve or modify the Product.
2. OWNERSHIP. As between you and TRIKINGO, all right, title, and interest in and to the Product (including, without limitation, all confidential, intellectual property, and other proprietary rights) are owned by TRIKINGO. Except as expressly set forth in this EULA, all rights not granted hereunder to you are expressly reserved by TRIKINGO. Any reproduction or representation of the Product and its licensed materials in any way and for any reason is prohibited without TRIKINGO’s prior permission.
3. PERSONAL DATA. TRIKINGO shall collect and process certain personal information from you in connection with your use of and access to the Product, including but not limited to age, IP address, computer configuration and software usage. Such personal information shall be processed in accordance with our Privacy Policy.
4. SUPPORT SERVICES/ADD-ONS. From time to time, at TRIKINGO’s sole discretion, TRIKINGO may (but is not required to) provide you with support services related to the Product (“Support Services”). TRIKINGO reserves the right to alter, suspend, and terminate the Support Services at any time and for any reason. Additionally, TRIKINGO may make available to you certain supplemental in-game features within the Product under the terms specified in this EULA (“Add-Ons”). Add-Ons are not a necessary condition for access to or use of the Product. As of the date on which this EULA was last updated, TRIKINGO does not currently provide any Add-Ons. As a condition to the use of Add-Ons, you acknowledge and agree that: the list and cost of Add-Ons, and the methods and conditions of purchasing the in-game currency are published by Steam. For any policies and procedures relating to the payment systems used to purchase Add-Ons, please refer to the Steam Subscriber Agreement. TRIKINGO does not make any representations or warranties to you regarding the rules and procedures of such payment systems or Add-Ons. Any amount that you pay for any Add-On is non-refundable, and TRIKINGO shall not be liable for the loss of your in-game values.
5. DISCLAIMER; LIMITATION OF LIABILITY. EXCEPT AS EXPRESSLY PROVIDED IN THIS EULA, YOU ACKNOWLEDGE AND AGREE THAT USE OF THE PRODUCT IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, AND ACCURACY IS WITH YOU. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE PRODUCT IS SUPPLIED ON AN “AS IS” AND “AS AVAILABLE“ BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND TRIKINGO HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE PRODUCT, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, EXPRESS OR IMPLIED WARRANTIES REGARDING THE PRODUCT’S CONFORMITY, ACCURACY, COMPLETENESS, RELIABILITY OR SECURITY, 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. TRIKINGO DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE PRODUCT, THAT THE FUNCTIONS CONTAINED IN THE PRODUCT WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE PRODUCT OR THE ADD-ONS WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE PRODUCT WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY TRIKINGO SHALL CREATE A WARRANTY. YOU ASSUME ALL RESPONSIBILITY FOR SELECTING THE PRODUCT TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE PRODUCT. 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. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL TRIKINGO OR its SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PRODUCT OR ANY ADD-ONS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. WITHOUT LIMITING THE FOREGOING, IN NO EVENT TRIKINGO BE LIABLE FOR DAMAGES IN EXCESS OF ANY AMOUNT YOU HAVE PAID TO TRIKINGO FOR THE PRODUCT DURING THE TWELVE (12) MONTHS IMMEDIATELY PRIOR TO THE TIME THAT YOUR CAUSE OF ACTION AROSE.
6. INDEMNITY. You hereby agree to indemnify, defend and hold harmless TRIKINGO and its respective officers, employees, directors, agents, 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; or (b) your use or misuse of the Product (including any Add-Ons). Your indemnification obligations set forth in the immediately preceding sentence shall survive the termination of this EULA.
7. TERMINATION. The EULA is effective from the date that you download the Product or purchase the corresponding Subscription (as defined in the Steam Subscriber Agreement) to the Product (whichever is earliest), and shall continue until terminated according to its terms (the “Term”). You and TRIKINGO may each respectively terminate this EULA at any time and for any reason. You may terminate this EULA at any time by deleting all copies of the Product in your possession and control and removing the Product from your hard drive. Termination by TRIKINGO will be effective upon (a) notice to you or (b) at the time of TRIKINGO’s decision to discontinue offering or supporting the Product. This EULA will terminate automatically if you fail to comply with any of the terms and conditions of this EULA or if your Steam Subscriber Agreement terminates or expires. Upon termination of this EULA for any reason, all licenses granted to you herein shall immediately terminate and you must immediately and permanently destroy all copies of the Product in your possession and control and remove the Product from your hard drive.
8. CHANGES TO THIS EULA OR TO THE PRODUCT. TRIKINGO reserves the right, in its sole and absolute discretion, to revise, update, change, modify, add to, supplement any terms of this EULA and/or the Product for any reason or without any specific reason, at any time and at its entire discretion, in particular for technical reasons such as updates, maintenance operations and/or resets to improve and/or optimize the Product. Such changes will be effective with or, as applicable, without prior notice to you. You are responsible for checking this EULA periodically for changes. If any future changes to this EULA are unacceptable to you or would cause you to no longer be in compliance with this EULA, you may terminate this EULA in accordance with Section 7 and must immediately uninstall the Product and destroy all copies of the Product. Your continued use of the Product following any revision to this EULA constitutes your complete and irrevocable acceptance of any such changes.
9. MISCELLANEOUS. This EULA, together with the Privacy Policy and other terms and agreements incorporated herein, constitutes the sole and entire agreement between you and TRIKINGO regarding the Product and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, whether written and oral, with respect thereto. No failure or delay by TRIKINGO to exercise any right or remedy provided under this EULA or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. If any court of competent jurisdiction or competent authority finds that any provision of this EULA is invalid, illegal, or unenforceable, that provision shall, to the extent required, be deemed deleted, and the validity and enforceability of the remaining provisions of this EULA shall not be affected. This EULA and any disputes or claims arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with the laws of the United States and the State of Illinois, without giving effect to any principles of conflicts of laws. You irrevocably agree that the courts of Illinois have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the EULA or its subject matter or formation (including non-contractual disputes or claims). This EULA shall not be governed by the United Nations Conventions of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded from any interpretation of this EULA.
For any questions concerning this EULA, you may contact TRIKINGO at the following address: