END USER LICENSE AGREEMENT FOR “CHICKEN CHARGE”
VIRTEX APPS, LLC
Updated December 2, 2014
IMPORTANT: PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE CONTINUING WITH THIS PROGRAM.
This End-User License Agreement (“EULA”) is a legal agreement between you as an individual and Virtex Apps, LLC (“VIRTEX”), a California limited liability company. It governs your access to, conduct in, and other terms and conditions relating to your operation and your use of, the interactive experience known as “Chicken Charge” (the “Game”), which Game may, but does not necessarily include: (i) associated software components; (ii) Game play; (iii) graphic and audio elements; (iv) media; (v) Internet elements; (vi) printed materials; (vii) “online” or electronic documentation; as well as (viii) other elements that may be added from time to time.
Even though you may have purchased or licensed the Game through a third party provider, including, but not limited to, Apple, Google, Amazon, or any subsidiary or affiliate thereof (“Third-Party Source”), no Third-Party Source is a party to this EULA, and no Third-Party Source has any obligation to you in connection with the Game.
VIRTEX reserves the right to update or change any of the provisions of this EULA at any time by posting the most current version of the EULA on the Site with a new Effective Date shown. All such changes in the EULA shall be effective from the Effective Date. Your continued use of the Game after we post any changes to the EULA signifies your agreement to any such changes. If you do not agree to the then-current EULA , you must immediately discontinue using the Game.
The Game is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. As between you and VIRTEX, the Game is the sole and exclusive property of VIRTEX. You will not acquire any rights in connection with the Game, or any individual components or elements of the Game, through your use.
1. GRANT OF LICENSE.
The Game is licensed by VIRTEX for personal, noncommercial use on your mobile device, such as, but not limited to, your iPhone, iPod Touch, iPad, or Android device only. All other uses are prohibited.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
(a) Maintenance of Copyright and Trademark Notices
You must not remove or alter any copyright or trademark notices that appear anywhere within the Game.
The license granted hereunder is non-transferable. The Game is licensed for your use only and only on a mobile device that you own and control and as set forth by the terms of service of your mobile device’s operating system. You may not distribute the Game to any third party.
(c) Prohibition on Reverse Engineering, Decompilation, and Disassembly
You may not reverse engineer, decompile, or disassemble the Game, or take any steps to recreate of recover the source code of the Game, except and only to the extent that such activity is expressly permitted by applicable law.
You may not rent, lease, or lend the Game, or offer it for any commercial use or purpose.
(e) Support Services
VIRTEX may in its sole discretion provide you with support services related to the Game (“Support Services”). VIRTEX is not required to provide Support Services unless otherwise required by applicable law. No failure to provide, or to continue to provide, Support Services will be a default of VIRTEX hereunder. Any supplemental software code provided to you as part of the Support Services shall be treated as part of the Game, as between you and VIRTEX, shall be and remain the sole property of VIRTEX, and shall be subject to the provisions of this EULA.
VIRTEX support may be reached by Contacting Us or via email at firstname.lastname@example.org. Any Third-Party Source has no obligation whatsoever under any circumstances to furnish any maintenance and/or support services with respect to the Game. You agree that you will look solely to VIRTEX in connection with Support Services.
(f) Compliance with Applicable Laws
You will fully comply with all applicable laws regarding use of the Game.
3. TERM; TERMINATION; MODIFICATION OF EULA.
The term of this EULA will commence upon download of the Game and will continue for so long as you have in your possession or control any copies of the Game. Without prejudice to any other of its rights, VIRTEX may unilaterally terminate or modify this EULA at any time and for any reason or for no reason, with no notice to you. For example, but not in limitation, VIRTEX may elect to terminate this EULA and your rights in connection with the Game, if VIRTEX, in its sole determination, discontinues the Game, stops supporting or maintaining the Game, ceases to provide updates, no longer offers the Game for license, or believes you have failed to comply with the provisions of this EULA. In the event of termination arising from your failure to comply with the terms of the EULA: (i) no refunds will be made; and (ii) you must promptly destroy all copies of the Game in your possession. If modification of the EULA by VIRTEX materially affects your rights in connection with the Game, which determination will be made by VIRTEX in its sole determination, VIRTEX may, but is under no obligation to, notify you by sending an email message to your last email address if known to VIRTEX. VIRTEX will have no liability if you do not receive VIRTEX’s notification.
As between you and VIRTEX, all title, including but not limited to copyrights, in and to the Game and any copies thereof, and except photographs taken in the Game, any content created by you in or in connection with the Game (such as, but not limited to the contents of any chats, user-to-user communication, and other text) are owned by VIRTEX. As between you and VIRTEX, all title and intellectual property rights in and to the content which may be accessed through use of the Game is the property of VIRTEX and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content except in and in connection with the Game, as expressly and unambiguously set forth herein. All rights not expressly granted are reserved by VIRTEX.
(a) The Game allows you to immerse yourself in a virtual world while still being aware of your location and your environment in the real world. When you step forward in the real world, you will step forward in the virtual world as well. When you turn your body in the real world (and move your device in the same direction) you will turn in the virtual world as well. The game assumes that each step is a forward movement, so you should not step sideways or backwards. The Game assumes a normal stride for a person of your height, so you should make normal strides so the Game appropriately tracks your movement. If you move sideways, or backwards, or take unusually small or large steps, then the virtual world will be out of sync with the real world, and the Game will not be able to follow your correct location. You also should not run while playing this Game.
(b) In most settings, you will be able to see the real world as well as the virtual world through your device. If your vision of the real world is impaired, check the settings on your device or your device’s camera. You should not play the Game when visibility of the real world is impaired in any way. You must be aware that virtual objects may periodically block your view of objects or obstacles in the real world, and you should take precautions to ensure that you are aware of any obstacles in your vicinity in the real world. You should not move forward when in Birds’ Eye view, as your vision of the real world may be compromised.
(c) Before starting a game, you must set up the virtual world to correspond to an appropriate area in the real world. Except when in Stationary Mode, you must play this game only in suitable environments. Do not play this Game in areas containing numerous obstacles, such as trees, bushes, other people or other objects with which you might make contact while playing the Game. Do not play this Game in areas with significant grades or defects in the land, such as potholes, rocky terrain, or any area where your ability to step freely may be compromised. Do not play this Game in areas that are too small for the virtual world you have chosen. When choosing an area in which to play the Game, you should be aware of any obstacles that infringe upon that area, including low hanging trees, animals or anything else that may impede your play.
(d) You must follow the instructions for setting up your virtual world and accurately calibrate the virtual world to the real world. If the virtual world is not correctly calibrated, your position in the Game will not accurately reflect your position in the real world.
(e) While playing the Game, you must be aware of your surroundings in the real world at all times. If you are not paying attention to potential obstacles, you may inadvertently run into obstacles causing harm to you or others. It is your responsibility to make sure you are playing the Game in an environment free of obstacles and are paying attention to any obstacles that may enter your area.
6. NO WARRANTIES.
(a) VIRTEX EXPRESSLY DISCLAIMS ANY WARRANTY IN, TO, OR FOR THE GAME. THE GAME IS PROVIDED ‘AS IS’ AND ‘WHERE IS’ WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND.IN PARTICULAR, VIRTEX EXPRESSLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON INFRINGEMENT, OR CONTINUOUS OPERATION.THE ENTIRE RISK ASSOCIATED WITH OPERATION OF THE GAME IS ASSUMED BY YOU. VIRTEX DOES NOT WARRANT OR ASSUME RESPONSIBILITY FOR THE ACCURACY, OPERABILITY OR COMPLETENESS OF ANY INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN THE GAME.
(b) VIRTEX DISCLAIMS ANY WARRANTIES RELATING TO THE DOWNLOADING OF THE GAME ONTO YOUR DEVICE, INCLUDING ANY HARM THAT MAY BE CAUSED BY THE TRANSMISSION OF A COMPUTER VIRUS, WORM, TIME BOMB, LOGIC BOMB, OR OTHER SUCH COMPUTER PROGRAM. VIRTEX CANNOT GUARANTEE THE INTEGRITY OF THE GAME OR THAT IT WILL BE FREE FROM ATTACKS BY THIRD PARTIES THAT MAY RESULT IN INCOMPLETE OR ERRONEOUS RESULTS FROM OPERATION, OR DAMAGE TO HARDWARE DEVICES IN WHICH THE GAME IS LOADED AND OPERATING.
(c) VIRTEX DISCLAIMS ANY WARRANTIES RELATING TO THE VIRTUAL WORLD YOU SET UP IN THE GAME OR THE AREA IN WHICH YOU CHOOSE TO PLAY THE GAME. There are several reasons why the virtual world may not correspond to the real world (i.e., the environment may not have been measured correctly, communication errors with your device’s compass sensor, shifting of the virtual world). VIRTEX EXPRESSLY DISCLAIMS ANY WARRANTY THAT THE VIRTUAL WORLD WILL MATCH THE REAL WORLD, AND YOU AGREE THAT YOU WILL FOLLOW THE INSTRUCTIONS CONTAINED HEREIN AND BEAR SOLE RESPONSIBILITY FOR ANY HARM CAUSED TO YOU OR OTHERS AS A RESULT OF ANY MISALIGNMENT BETWEEN THE VIRTUAL WORLD AND THE REAL WORLD. VIRTEX ALSO DISCLAIMS ANY WARRANTIES RELATING TO OBSTACLES IN YOUR PLAY AREA OR THE SURROUNDING AREA. As described in the instructions contained herein, you should select an area that is free of obstacles or other conditions that may impede your ability to play or potentially cause harm to you or others. YOU AGREE THAT YOU WILL FOLLOW THESE INSTRUCTIONS AND YOU WILL BEAR SOLE RESPONSIBILITY FOR ANY HARM CAUSED TO YOU OR OTHERS AS A RESULT OF SUCH OBSTACLES OR CONDITIONS.
(d) VIRTEX further expressly disclaims any warranty or representation to any third party who may operate or otherwise utilize the Game.
To the maximum extent permitted by applicable law, no Third-Party Source is a party to this EULA or your purchase or license of the Game. None of the foregoing entities make, have made, and do not make any warranties, or assume any warranty obligation(s) or other obligation(s) whatsoever with respect to: (i) the Game; and/or (ii) any claims, losses, liabilities, damages, costs, and/or expenses attributable to the Game, including but not limited to any warranties relating to infringement of intellectual property or personal rights, products liability, and/or failure of the Game to perform, execute, or conform to any standard.
7. LIMITATION OF LIABILITY.
USE AT YOUR OWN RISK. IN NO EVENT SHALL VIRTEX, THIRD-PARTY SOURCE BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, LOST PROFITS, BUSINESS INTERRUPTION, OR LOST INFORMATION) ARISING OUT OF YOUR USE OF, OR INABILITY TO USE, THE GAME, OR THE USE OR INABILITY TO USE THE GAME BY ANY THIRD PARTY THAT MAY HAVE ACCESS TO THE GAME BY OR THROUGH YOU, EVEN IF VIRTEX AND/OR THIRD-PARTY SOURCE HAS/HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND WITHOUT REGARD TO WHETHER SUCH DAMAGES, OR CLAIMS OF DAMAGES ARISE FROM BREACH OF WARRANTY OR CONTRACT, NEGLIGENCE OF VIRTEX, GROSS NEGLIGENCE, STRICT LIABILITY, ALLEGED MISREPRESENTATION, VIOLATION OF ANY APPLICABLE CONSUMER PROTECTION LAW, VIOLATION OF STATUTE OR OTHERWISE. VIRTEX, AND/OR THIRD-PARTY SOURCE SHALL HAVE NO LIABILITY WITH RESPECT TO THE CONTENT OF THE GAME OR ANY PART THEREOF, INCLUDING BUT NOT LIMITED TO, ERRORS OR OMISSIONS CONTAINED THEREIN, LIBEL, INFRINGEMENTS OF RIGHTS OF PUBLICITY, PRIVACY, TRADEMARK RIGHTS, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, MORAL RIGHTS OR THE DISCLOSURE OF CONFIDENTIAL INFORMATION.
No suit or action shall be brought against VIRTEX or its agents, employees, subsidiaries, affiliates or parents (both direct and indirect) more than one year after the incident that resulted in the loss, injury or damage alleged. The provisions of this section shall apply to and benefit VIRTEX and its agents, employees, contractors, subsidiaries, affiliates and parents (both direct and indirect).
The limitation of liability set forth herein may not be enforceable in certain jurisdictions, or under certain circumstances, as a matter of local law. These provisionsare intended to limit liability to the maximum extent legally possible.
You hereby expressly and irrevocably waive, and agree never to assert against any Third-Party Source any claims you may have under any theory of law or equity anywhere in the world in connection with rights licensed hereunder, your possession and/or use of the Game, and/or the content of the Game. Any claims arising out of the Game are subject to the limitations set forth herein (all of which are material terms of this EULA). Any dispute will be subject to the provisions of this EULA, including limitations on damages, resolution of disputes, and application of the laws of the United States, and the State of California.
8. AFFILIATED SITES.
VIRTEX has no control over, and no liability for any third party websites or materials. VIRTEX works with a number of partners and affiliates whose Internet sites may be linked with the Game. Because neither VIRTEX nor the Game has control over the content and performance of these partner and affiliate sites, VIRTEX makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and VIRTEX assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Game, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that VIRTEX makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, the provisions of this EULA shall govern your use of any and all third party content in the Game.
9. GOVERNING LAW.
This EULA shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law.
You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in San Francisco, California, USA in all disputes arising out of or related to the Game or your use of the Game.
11. SEVERABILITY; WAIVER.
If, for whatever reason, a court of competent jurisdiction finds any term or condition in this EULA to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these provisions shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
12. YOUR REPRESENTATION TO VIRTEX.
As a material inducement to VIRTEX entering into this EULA with you, you represent to VIRTEX that: (i) you are over thirteen (13) years of age, and not subject to any prohibitions or restrictions that would prevent or inhibit you from entering into legally enforceable agreements; (ii) you are not located in a country that is subject to a U.S. government embargo or has been designated by the U.S. government as a ‘terrorist nation’; (iii) you are not listed on any U.S. government list of prohibited or restricted parties; (iv) YOU HAVE READ THIS DOCUMENT AND AGREE TO THE TERMS SET FORTH HEREIN; and YOU WILL READ AND FOLLOW ALL SAFETY WARNINGS IN THE GAME.
13. THIRD-PARTY SOURCES AS THIRD PARTY BENEFICIARY OF THIS EULA.
You acknowledge and agree that any Third-Party Source is a third party beneficiary of the EULA, and that, upon your acceptance of the EULA, any Third-Party Source will have the right (and will be deemed to have accepted the right) to enforce the EULA as a third party beneficiary thereof.
Copyright (c), 2014 Virtex Apps, LLC. All rights reserved