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END USER LICENSE AGREEMENT
MARMALADE GAME STUDIO LTD.
YOUR USE OF THE SOFTWARE IS SUBJECT TO THE TERMS OF USE SET FORTH
BELOW ("AGREEMENT").
BY INSTALLING, USING, REGISTERING OR OTHERWISE ACCESSING THE
SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS
AGREEMENT AND AGREE TO THE TERMS SET FORTH BELOW AND MARMALADE’S
PRIVACY POLICIES
IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, PLEASE DO NOT ACCESS OR
USE THE SOFTWARE. YOU REPRESENT THAT YOU ARE OF LEGAL AGE TO FORM A
BINDING CONTRACT (YOU MUST CONSULT YOUR PARENT OR LEGAL GUARDIAN IF
YOU ARE UNDER THE AGE OF MAJORITY).
By accepting this agreement, you consent to your user data being shared with the following third party services for the purposes of providing important game features:
Gamesparks provides services that enable multiplayer features, and verifies and stores in-app purchases (IAP). Data such as Facebook ID, Steam ID, IAPs purchased, leaderboard details, and location data are stored on Gamesparks servers.
PlayFab provides purchasing services that allow us to provide local currency support for in-app purchases on the Steam (PC) version.
For purposes of this Agreement, "Software" means all software programs made available by
Marmalade Game Studio and its affiliates ("Marmalade", “Us”, “We”) including, but not
limited to mobile games, downloadable/installable games for personal computer and games
and services accessed by means of a browser or other online communication method.
Software also includes accompanying manual(s), packaging and other written, files,
electronic or on-line materials or documentation, and any and all copies of such software
and its materials.
For the purposes of this Agreement, “Device” means any platform or equipment by which
you access the Services, in all forms now known or hereafter created including, without
limitation handheld devices, mobile phones, consoles, and personal computers.
1. LICENSE
LICENSE TO USE SOFTWARE. We hereby grant you the non-exclusive, non-transferable,
non-sub-licensable, limited right and license to use one copy of the Software for your
personal non-commercial use for gameplay on a single Device, unless otherwise specified in
the Software documentation. Your rights are subject to your compliance with this Agreement.
The term of your license under this Agreement shall commence on the date that you install
or otherwise use the Software and ends on the earlier date of either your disposal of the
Software or Our termination of this Agreement. Your license terminates immediately if you
attempt to circumvent any technical protection measures used in connection with the
Software. The Software is being licensed to you and you hereby acknowledge that no title or
ownership in the Software is being transferred or assigned and this Agreement should not be
construed as a sale of any rights in the Software. All rights not specifically granted under this
Agreement are reserved by Marmalade.
LICENSE TO USE SOFTWARE CONTENT. The information, pictures, graphics, games,
upgrades for use in Software ("Game Items"), and other content, features and services
available in the Services (collectively, the "Software Content") are owned by Marmalade or
its suppliers or licensors and are protected by copyright and other laws throughout the world.
We grant you a non-exclusive license to reproduce portions of the Software Content for the
sole purpose of reviewing and using the Software Content as permitted in these Terms of
Service. We may require you to pay a fee for a non-exclusive license to use certain Software
Content. You acknowledge that Software Content has no real world value, is licensed as part
of, and may only be used in, the game or specific Service page that such Software Content
is designed to work with. Accordingly, you may not sell or transfer the Software Content and
all such transfers or sales are null and void. All copyright and other proprietary notices on
any Software Content must be retained on any copies. Any unauthorized reproduction or
modification, distribution, or performance of any Software Content is strictly prohibited.
Marmalade reserves all rights not granted in this End User License Agreement.
OWNERSHIP. Marmalade retains all right, title and interest to the Software, including, but
not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights,
patents, titles, computer codes, audio-visual effects, themes, characters, character names,
stories, dialog, settings, artwork, sound effects, musical works, and moral rights whether
registered or not and all applications thereof. The Software is protected by applicable laws
and treaties throughout the world. Unless expressly authorized by mandatory legislation, the
Software may not be copied, reproduced or distributed in any manner or medium, in whole
or in part, without prior written consent of Marmalade. All rights not expressly granted to you
herein are reserved by Marmalade.
2. LICENSE CONDITIONS.
You will not: (i) commercially exploit the Software; (ii) distribute, lease, license, sell, rent,
lend, convey or otherwise transfer or assign the Software, any passwords or usernames or
any copies of the Software, without the express prior written consent of Marmalade or as set
forth in this Agreement; (iii) make a copy of the Software or any part thereof (other than as
set forth herein); (iv) make a copy of the Software publicly available or available on a
network for use or download by multiple users; (v) except as otherwise specifically provided
by the Software or this Agreement, use or install the Software (or permit others to do same)
on a network, for on-line use, or on more than one Device at the same time; (vi) use or copy
the Software at a computer gaming center or any other location-based site; provided, that
Marmalade may offer you a separate site license agreement to make the Software available
for commercial use; (vii) reverse engineer, decompile, disassemble, translate, prepare
derivative works based on or otherwise modify the Software, in whole or in part; (viii)
remove, obscure or modify any copyright, trademark or other proprietary rights notices,
marks or labels contained on or within the Software, falsify or delete any author attributions,
legal notices or other labels of the origin or source of the material; (ix) misrepresent the
source of ownership of the Software; (x) transport, export or re-export (directly or indirectly)
into any country forbidden to receive such Software by any U.S., European Union or other
export laws or accompanying regulations or otherwise violate such laws or regulations, that
may be amended from time to time; or (xi) scrape, build databases or otherwise create
permanent copies of content returned from the Software. The Software is intended for
private use only.
The Software may include measures to control access to the Software, prevent unauthorized
copies, or otherwise attempt to prevent anyone from exceeding the limited rights and
licenses granted under this Agreement. Only Software subject to a valid license can be used
to access online services, and download updates and patches. You may not interfere with
such access control measures or attempt to disable or circumvent such security features. If
you disable or otherwise tamper with the technical protection measures, the Software will not
function properly.
The Software may allow you to create content, including but not limited to photos
incorporating elements or graphics from the game, screenshots or a video of your gameplay.
In exchange for use of the Software, and to the extent that your contributions through use of
the Software give rise to any copyright, you hereby grant Marmalade an exclusive,
perpetual, irrevocable, fully transferable and sub-licensable worldwide right and license to
use your contributions in any way and for any purpose including, but not limited to the rights
to reproduce, copy, adapt, modify, perform, display, publish, broadcast, transmit, or
otherwise communicate to the public by any means whether now known or unknown and
distribute your contributions without any further notice or compensation to you of any kind for
the whole duration of protection granted to intellectual property rights by applicable laws and
international conventions. If not expressly prohibited by mandatory legislation, you hereby
waive any moral rights of paternity, publication, reputation, or attribution with respect to
Marmalade's and other players' use and enjoyment of such assets in connection with the
Software and related goods and services under applicable law. This license grant to
Marmalade, and the above waiver of any applicable moral rights, survives any termination of
this License.
The Software may require an internet connection to access the Software or its internetbased
features, authenticate the Software, or perform other functions. In order for certain
features of the Software to operate properly, you may be required to have and maintain (a)
an adequate internet connection and/or (b) a valid and active account with an online service
as set forth in the Software documentation. If you do not maintain such accounts, then the
Software or certain features of the Software may not operate or may cease to function
properly, either in whole or in part.
3. INFORMATION COLLECTION & USAGE.
To facilitate product support, product development and improvement as well as other
services to you, you acknowledge that Marmalade or other third parties may use cookies,
web beacons or other analytical technologies to collect, use, store and transmit technical
and related information regarding your Device (including unique device ID or UDID), Game
Center ID, Game Center name, IP address, geo-location, device make and model, operating
system, software and applications, including application usage data.
By installing, accessing or using the Software, you consent to these information collection
and usage terms, including (where applicable) the transfer of data into a country outside of
the European Union and/or the European Economic Area or the United States.
Marmalade respects your privacy rights and recognizes the importance of protecting any
information collected about you. Marmalade's privacy policy (available at
is
applicable to this Agreement and it defines how, why and to which extent Marmalade
collects and uses personal and non-personal information in relation to Marmalade’s products
and services.
4. THIRD-PARTY PRODUCTS AND SERVICES.
Please note that your access to and use of the Software may be subject to certain third-party
terms and conditions and privacy policies, including but not limited to application stores,
advertisers, analytics providers, on-line gaming platforms and social networking services.
Marmalade is not liable for any such third-party terms and conditions and any third party’s
use of your Personal Information. By accepting our Terms of Use you also accept the Terms
of our partners and third party vendors.
We may offer links to advertisements and/or enable you to access third-party products or
services. While using such products or services, you are using products or services
developed and administered by people or companies not affiliated with or controlled by us.
We are not responsible for the actions of those people or companies, the content of their
products or services, the use of information you provide to them or any products or services
they may offer. Links to products or services do not constitute sponsorship of, or affiliation
with, those people or companies.
5. WARRANTY.
The software is provided on an "as is" and "as available" basis. Marmalade expressly
disclaims all conditions and warranties of any kind, whether express or implied, including,
but not limited to the conditions or warranties of merchantability, fitness for a particular use
or purpose, title, non-infringement, accuracy, quiet enjoyment, and system integration with
respect to the software. Marmalade does not warrant that the software will be uninterrupted,
timely, secure, or error free.
In no event will Marmalade be liable for special, incidental or consequential damages
resulting from possession, access, use or malfunction of the software, including but not
limited to, damages to property, loss of goodwill, computer failure or malfunction and, to the
extent permitted by law, damages for personal injuries, property damage, lost profits or
punitive damages from any causes of action arising out of or related to this agreement or the
software, whether arising in tort (including negligence), contract, strict liability or otherwise
and whether or not Marmalade has been advised of the possibility of such damages. In no
event shall Marmalade's liability for all damages (except as required by applicable law)
exceed the actual price paid by you for use of the software.
Because some states/countries do not allow limitations on how long an implied warranty
lasts and/or the exclusion or limitation of incidental or consequential damages, the above
limitations and/or exclusion or limitation of liability may not apply to you. This warranty shall
not be applicable solely to the extent that any specific provision of this warranty is prohibited
by any federal, state, or municipal law, which cannot be pre-empted. This warranty gives you
specific legal rights, and you may have other rights that vary from jurisdiction to jurisdiction.
6. TERMINATION.
This Agreement will terminate automatically if you fail to comply with its terms and
conditions. In such event, you must destroy all copies of the Software and all of its
component parts. With regards to Software delivered on a physical storage medium you can
end this Agreement by destroying the Software and all copies and reproductions of the
Software and deleting and permanently purging the Software from any client server or
computer on which it has been installed.
7. EQUITABLE REMEDIES.
If the terms of this Agreement are not specifically enforced, Marmalade will be irreparably
damaged, and therefore you agree that Marmalade shall be entitled, without bond, other
security or proof of damages, to appropriate equitable remedies with respect to your breach
of any of the terms of this Agreement, in addition to any other available remedies.
8. INDEMNITY.
You will to indemnify, defend and hold Marmalade, its partners, affiliates, contractors,
officers, directors, employees and agents harmless from and against any and all damages,
losses and expenses arising directly or indirectly from your acts and omissions to act in
using the Software pursuant to the terms of the Agreement.
9. MISCELLANEOUS.
This Agreement represents the complete agreement concerning this license between the
parties and supersedes all prior agreements and representations between them. It may be
amended only by a written document executed by both parties. If any provision of this
Agreement is held to be unenforceable for any reason, such provision shall be reformed only
to the extent necessary to make it enforceable and the remaining provisions of this
Agreement shall not be affected.
10. GOVERNING LAW.
This Agreement will be governed by the laws of England and Wales. The United Nations
Convention for the International Sale of Goods shall not apply. Any dispute, controversy or
claim arising out of or relating to this Agreement or the breach, termination or validity thereof
shall be finally settled at Marmalade's discretion (i) at your domicile's competent courts; or (ii)
by arbitration in accordance with the Arbitration Rules of International Chamber of
Commerce.
If you have any questions concerning this license, you may contact:
MARMALADE GAME STUDIO LTD.
YOUR USE OF THE SOFTWARE IS SUBJECT TO THE TERMS OF USE SET FORTH
BELOW ("AGREEMENT").
BY INSTALLING, USING, REGISTERING OR OTHERWISE ACCESSING THE
SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS
AGREEMENT AND AGREE TO THE TERMS SET FORTH BELOW AND MARMALADE’S
PRIVACY POLICIES
IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, PLEASE DO NOT ACCESS OR
USE THE SOFTWARE. YOU REPRESENT THAT YOU ARE OF LEGAL AGE TO FORM A
BINDING CONTRACT (YOU MUST CONSULT YOUR PARENT OR LEGAL GUARDIAN IF
YOU ARE UNDER THE AGE OF MAJORITY).
By accepting this agreement, you consent to your user data being shared with the following third party services for the purposes of providing important game features:
Gamesparks provides services that enable multiplayer features, and verifies and stores in-app purchases (IAP). Data such as Facebook ID, Steam ID, IAPs purchased, leaderboard details, and location data are stored on Gamesparks servers.
PlayFab provides purchasing services that allow us to provide local currency support for in-app purchases on the Steam (PC) version.
For purposes of this Agreement, "Software" means all software programs made available by
Marmalade Game Studio and its affiliates ("Marmalade", “Us”, “We”) including, but not
limited to mobile games, downloadable/installable games for personal computer and games
and services accessed by means of a browser or other online communication method.
Software also includes accompanying manual(s), packaging and other written, files,
electronic or on-line materials or documentation, and any and all copies of such software
and its materials.
For the purposes of this Agreement, “Device” means any platform or equipment by which
you access the Services, in all forms now known or hereafter created including, without
limitation handheld devices, mobile phones, consoles, and personal computers.
1. LICENSE
LICENSE TO USE SOFTWARE. We hereby grant you the non-exclusive, non-transferable,
non-sub-licensable, limited right and license to use one copy of the Software for your
personal non-commercial use for gameplay on a single Device, unless otherwise specified in
the Software documentation. Your rights are subject to your compliance with this Agreement.
The term of your license under this Agreement shall commence on the date that you install
or otherwise use the Software and ends on the earlier date of either your disposal of the
Software or Our termination of this Agreement. Your license terminates immediately if you
attempt to circumvent any technical protection measures used in connection with the
Software. The Software is being licensed to you and you hereby acknowledge that no title or
ownership in the Software is being transferred or assigned and this Agreement should not be
construed as a sale of any rights in the Software. All rights not specifically granted under this
Agreement are reserved by Marmalade.
LICENSE TO USE SOFTWARE CONTENT. The information, pictures, graphics, games,
upgrades for use in Software ("Game Items"), and other content, features and services
available in the Services (collectively, the "Software Content") are owned by Marmalade or
its suppliers or licensors and are protected by copyright and other laws throughout the world.
We grant you a non-exclusive license to reproduce portions of the Software Content for the
sole purpose of reviewing and using the Software Content as permitted in these Terms of
Service. We may require you to pay a fee for a non-exclusive license to use certain Software
Content. You acknowledge that Software Content has no real world value, is licensed as part
of, and may only be used in, the game or specific Service page that such Software Content
is designed to work with. Accordingly, you may not sell or transfer the Software Content and
all such transfers or sales are null and void. All copyright and other proprietary notices on
any Software Content must be retained on any copies. Any unauthorized reproduction or
modification, distribution, or performance of any Software Content is strictly prohibited.
Marmalade reserves all rights not granted in this End User License Agreement.
OWNERSHIP. Marmalade retains all right, title and interest to the Software, including, but
not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights,
patents, titles, computer codes, audio-visual effects, themes, characters, character names,
stories, dialog, settings, artwork, sound effects, musical works, and moral rights whether
registered or not and all applications thereof. The Software is protected by applicable laws
and treaties throughout the world. Unless expressly authorized by mandatory legislation, the
Software may not be copied, reproduced or distributed in any manner or medium, in whole
or in part, without prior written consent of Marmalade. All rights not expressly granted to you
herein are reserved by Marmalade.
2. LICENSE CONDITIONS.
You will not: (i) commercially exploit the Software; (ii) distribute, lease, license, sell, rent,
lend, convey or otherwise transfer or assign the Software, any passwords or usernames or
any copies of the Software, without the express prior written consent of Marmalade or as set
forth in this Agreement; (iii) make a copy of the Software or any part thereof (other than as
set forth herein); (iv) make a copy of the Software publicly available or available on a
network for use or download by multiple users; (v) except as otherwise specifically provided
by the Software or this Agreement, use or install the Software (or permit others to do same)
on a network, for on-line use, or on more than one Device at the same time; (vi) use or copy
the Software at a computer gaming center or any other location-based site; provided, that
Marmalade may offer you a separate site license agreement to make the Software available
for commercial use; (vii) reverse engineer, decompile, disassemble, translate, prepare
derivative works based on or otherwise modify the Software, in whole or in part; (viii)
remove, obscure or modify any copyright, trademark or other proprietary rights notices,
marks or labels contained on or within the Software, falsify or delete any author attributions,
legal notices or other labels of the origin or source of the material; (ix) misrepresent the
source of ownership of the Software; (x) transport, export or re-export (directly or indirectly)
into any country forbidden to receive such Software by any U.S., European Union or other
export laws or accompanying regulations or otherwise violate such laws or regulations, that
may be amended from time to time; or (xi) scrape, build databases or otherwise create
permanent copies of content returned from the Software. The Software is intended for
private use only.
The Software may include measures to control access to the Software, prevent unauthorized
copies, or otherwise attempt to prevent anyone from exceeding the limited rights and
licenses granted under this Agreement. Only Software subject to a valid license can be used
to access online services, and download updates and patches. You may not interfere with
such access control measures or attempt to disable or circumvent such security features. If
you disable or otherwise tamper with the technical protection measures, the Software will not
function properly.
The Software may allow you to create content, including but not limited to photos
incorporating elements or graphics from the game, screenshots or a video of your gameplay.
In exchange for use of the Software, and to the extent that your contributions through use of
the Software give rise to any copyright, you hereby grant Marmalade an exclusive,
perpetual, irrevocable, fully transferable and sub-licensable worldwide right and license to
use your contributions in any way and for any purpose including, but not limited to the rights
to reproduce, copy, adapt, modify, perform, display, publish, broadcast, transmit, or
otherwise communicate to the public by any means whether now known or unknown and
distribute your contributions without any further notice or compensation to you of any kind for
the whole duration of protection granted to intellectual property rights by applicable laws and
international conventions. If not expressly prohibited by mandatory legislation, you hereby
waive any moral rights of paternity, publication, reputation, or attribution with respect to
Marmalade's and other players' use and enjoyment of such assets in connection with the
Software and related goods and services under applicable law. This license grant to
Marmalade, and the above waiver of any applicable moral rights, survives any termination of
this License.
The Software may require an internet connection to access the Software or its internetbased
features, authenticate the Software, or perform other functions. In order for certain
features of the Software to operate properly, you may be required to have and maintain (a)
an adequate internet connection and/or (b) a valid and active account with an online service
as set forth in the Software documentation. If you do not maintain such accounts, then the
Software or certain features of the Software may not operate or may cease to function
properly, either in whole or in part.
3. INFORMATION COLLECTION & USAGE.
To facilitate product support, product development and improvement as well as other
services to you, you acknowledge that Marmalade or other third parties may use cookies,
web beacons or other analytical technologies to collect, use, store and transmit technical
and related information regarding your Device (including unique device ID or UDID), Game
Center ID, Game Center name, IP address, geo-location, device make and model, operating
system, software and applications, including application usage data.
By installing, accessing or using the Software, you consent to these information collection
and usage terms, including (where applicable) the transfer of data into a country outside of
the European Union and/or the European Economic Area or the United States.
Marmalade respects your privacy rights and recognizes the importance of protecting any
information collected about you. Marmalade's privacy policy (available at
is
applicable to this Agreement and it defines how, why and to which extent Marmalade
collects and uses personal and non-personal information in relation to Marmalade’s products
and services.
4. THIRD-PARTY PRODUCTS AND SERVICES.
Please note that your access to and use of the Software may be subject to certain third-party
terms and conditions and privacy policies, including but not limited to application stores,
advertisers, analytics providers, on-line gaming platforms and social networking services.
Marmalade is not liable for any such third-party terms and conditions and any third party’s
use of your Personal Information. By accepting our Terms of Use you also accept the Terms
of our partners and third party vendors.
We may offer links to advertisements and/or enable you to access third-party products or
services. While using such products or services, you are using products or services
developed and administered by people or companies not affiliated with or controlled by us.
We are not responsible for the actions of those people or companies, the content of their
products or services, the use of information you provide to them or any products or services
they may offer. Links to products or services do not constitute sponsorship of, or affiliation
with, those people or companies.
5. WARRANTY.
The software is provided on an "as is" and "as available" basis. Marmalade expressly
disclaims all conditions and warranties of any kind, whether express or implied, including,
but not limited to the conditions or warranties of merchantability, fitness for a particular use
or purpose, title, non-infringement, accuracy, quiet enjoyment, and system integration with
respect to the software. Marmalade does not warrant that the software will be uninterrupted,
timely, secure, or error free.
In no event will Marmalade be liable for special, incidental or consequential damages
resulting from possession, access, use or malfunction of the software, including but not
limited to, damages to property, loss of goodwill, computer failure or malfunction and, to the
extent permitted by law, damages for personal injuries, property damage, lost profits or
punitive damages from any causes of action arising out of or related to this agreement or the
software, whether arising in tort (including negligence), contract, strict liability or otherwise
and whether or not Marmalade has been advised of the possibility of such damages. In no
event shall Marmalade's liability for all damages (except as required by applicable law)
exceed the actual price paid by you for use of the software.
Because some states/countries do not allow limitations on how long an implied warranty
lasts and/or the exclusion or limitation of incidental or consequential damages, the above
limitations and/or exclusion or limitation of liability may not apply to you. This warranty shall
not be applicable solely to the extent that any specific provision of this warranty is prohibited
by any federal, state, or municipal law, which cannot be pre-empted. This warranty gives you
specific legal rights, and you may have other rights that vary from jurisdiction to jurisdiction.
6. TERMINATION.
This Agreement will terminate automatically if you fail to comply with its terms and
conditions. In such event, you must destroy all copies of the Software and all of its
component parts. With regards to Software delivered on a physical storage medium you can
end this Agreement by destroying the Software and all copies and reproductions of the
Software and deleting and permanently purging the Software from any client server or
computer on which it has been installed.
7. EQUITABLE REMEDIES.
If the terms of this Agreement are not specifically enforced, Marmalade will be irreparably
damaged, and therefore you agree that Marmalade shall be entitled, without bond, other
security or proof of damages, to appropriate equitable remedies with respect to your breach
of any of the terms of this Agreement, in addition to any other available remedies.
8. INDEMNITY.
You will to indemnify, defend and hold Marmalade, its partners, affiliates, contractors,
officers, directors, employees and agents harmless from and against any and all damages,
losses and expenses arising directly or indirectly from your acts and omissions to act in
using the Software pursuant to the terms of the Agreement.
9. MISCELLANEOUS.
This Agreement represents the complete agreement concerning this license between the
parties and supersedes all prior agreements and representations between them. It may be
amended only by a written document executed by both parties. If any provision of this
Agreement is held to be unenforceable for any reason, such provision shall be reformed only
to the extent necessary to make it enforceable and the remaining provisions of this
Agreement shall not be affected.
10. GOVERNING LAW.
This Agreement will be governed by the laws of England and Wales. The United Nations
Convention for the International Sale of Goods shall not apply. Any dispute, controversy or
claim arising out of or relating to this Agreement or the breach, termination or validity thereof
shall be finally settled at Marmalade's discretion (i) at your domicile's competent courts; or (ii)
by arbitration in accordance with the Arbitration Rules of International Chamber of
Commerce.
If you have any questions concerning this license, you may contact: