This End User License Agreement (“Agreement”) is a binding agreement between you (“End User,” “Licensee,” or “you”) and Wakiva Games (“Licensor”) (Wakiva Games is part of Wakiva, LLC). This Agreement governs your use of the game software identified below, including all related documentation (collectively, the “Application”). The Application is licensed, not sold, to you.
BY CLICKING THE “I AGREE” BUTTON IN THE APPLICATION YOU:
ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT;
REPRESENT THAT YOU ARE EIGHTEEN (18) YEARS OF AGE OR OLDER, OR IF YOU ARE NOT EIGHTEEN (18) YEARS OF AGE, THEN YOUR PARENTS OR LEGAL GUARDIAN (1) HAVE REVIEWED AND ACCEPTED THIS AGREEMENT, AND (2) AGREE THAT THIS AGREEMENT WILL BE LEGALLY BINDING UPON YOU AND YOUR PARENTS; AND
ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS.
IF YOU DO NOT AGREE TO THESE TERMS, THEN DO NOT INSTALL AND/OR USE THE APPLICATION, AND DELETE IT FROM ANY AND ALL DEVICES UNDER YOUR DIRECT OR INDIRECT CONTROL. WARNING: YOUR USE OF THE APPLICATION SHALL INDICATE YOUR ACCEPTANCE OF THIS AGREEMENT. WE MAY UPDATE AND MODIFY THIS AGREEMENT FROM TIME TO TIME. YOU AGREE TO PERIODICALLY CHECK OUR WEBSITE FOR ANY UPDATES TO THIS AGREEMENT. YOUR CONTINUED USE OF THE APPLICATION MEANS THAT YOU HAVE ACCEPTED THOSE MODIFICATIONS.
a.The Application: Yōso Warriors. The Application is provided in object code only. b.Download, install, and use the Application for your personal, non-commercial use on a device owned or otherwise controlled by you, and which device must be running a compatible operating system strictly in accordance with the Application's documentation (the aforesaid is referred to herein as a “Device”). By way of example, a Device is a desktop computer running the current version of the Windows operating system.
INTELLECTUAL PROPERTY, SERVICE CONTENT, AND USER SUBMISSIONS.
YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTERESTS OR RIGHTS IN THE APPLICATION, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL SUCH RIGHTS ARE AND SHALL FOREVER BE OWNED AND INURE TO THE BENEFIT OF LICENSOR, ITS SUCCESSORS AND ASSIGNS, AND ARE PROTECTED BY UNITED STATES AND INTERNATIONAL COPYRIGHTS, TRADEMARKS, PATENTS, AND OTHER INTELLECTUAL PROPERTY LAWS. Except as expressly licensed to You herein, all right, title, and interest in and to the Application and any and all associated copyrights, trademarks, patents, and intellectual property rights therein and/or related thereto, and all copies thereof (including, but not limited to, any patches, updates, copies, derivative works, moral rights, titles, computer code (including source and object code), themes, objects, characters, character names, stories, dialogs, catch phrases, locations, concepts, artwork, images, animation, sounds, musical compositions, audio-visual effects, text, methods of operation, “applets” incorporated into the Application, and any related documentation) are owned, and all rights are reserved, by Licensor or Licensor’s licensors. Trademarks and copyrights for third-party games and characters are owned by the companies which market or license those products. Licensor makes no ownership claims for any third-party works that are incorporated into the Application and which are works (i) in the public domain, (ii) provided royalty-free, or (iii) provided pursuant to an open-source license permitting its use in the Application. You acknowledge and accept that you have no property or other rights in any content in the Application, including but not limited to content that you may have created or developed including “Card Images,” screen names, game scores, the content of chats and other messages submitted in connection with your use of the Application, or to Licensor directly.
All communications, solicited feedback, and other materials submitted in connection with your use of the Application (by e-mail or otherwise) are non-confidential and non-proprietary. By submitting material to us and subject to any limitations under applicable law, you give up any claims that the Licensor’s use of that material violates any of your rights, including moral rights, privacy rights, proprietary rights, publicity rights, rights to credit for material or ideas or any other right, including the right to approve the way such material is used. Additionally, you grant us, and any successors and assigns, a perpetual, royalty-free, worldwide license to use, transmit, copy, create derivative works, and display such submitted information and material in any and all media now known or hereinafter devised, and represent that you have all necessary rights in such submitted information and material. No further consideration or compensation will be given for any materials or information (including but not restricted to creative, financial, business, commercial, etc.) submitted in any manner to Licensor. It's also important to the success of a number of our applications that any errors or problems You discover are confidentially reported to Licensor directly so we can address them as quickly as possible. You may contact Licensor to report any errors you encounter with the Application by sending an e-mail to SUPPORT@WAKIVAGAMES.COM – DO NOT SEND TO THIS E-MAIL ADDRESS ANY CONFIDENTIAL INFORMATION OR (WITHOUT PRIOR WRITTEN APPROVAL) E-MAIL ATTACHMENTS.
Opinions, advice and all other information expressed by any third-parties concerning the Application represent their own views and not those of Licensor. You should not rely on such opinions, advice or other information. Neither Licensor nor any of its affiliates or their respective agents, directors, employees, information providers, licensors, licensees, officers and/or affiliates shall be responsible or liable for any decisions made based on such information.
Copyright Infringement Claims. If you believe a portion of the Application infringes your copyright and you wish to file a copyright infringement notification with us, then for directions on submitting a copyright infringement notice to us at DMCA@WAKIVAGAMES.COM.
All the information you provided Licensor or its third-party service providers, if any, is true and accurate.
You shall use the Application solely in accordance with the terms of this Agreement.
You shall comply with all applicable laws and legal obligations, including, without limitation, those pertaining to such areas as: copyright, trademark, patent, and other intellectual property laws; libel; slander; defamation; trade libel; product disparagement; harassment; invasion of privacy; tort; obscenity; and indecency.
You understand and agree that you shall not give, sell, bargain, barter, market, trade, offer for sale, sell, license, assign or otherwise divest your rights, responsibilities or obligations under the Agreement, either in whole or in part, without the prior written consent of Licensor. Any attempt to do so shall be void and of no effect, and a breach of this Agreement.
If you change your e-mail address, it is your obligation to promptly provide Licensor with your new e-mail address.
All correspondence relating to this Agreement shall be in the English language.
14.. You agree to indemnify, defend, and hold harmless Licensor and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees, arising from or relating to your use or misuse of the Application or your breach of this Agreement, including but not limited to the content you submit or make available through, or in connection with, this Application. Licensor reserves the right, at its own expense and sole discretion, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate, at your own expense, with Licensor in asserting any available defenses.
Injunction. Because Licensor would be irreparably damaged if the terms of this Agreement were not specifically enforced, you agree that Licensor shall be entitled, without bond or other security or proof of damages, to take such action as may be required, including seeking an injunction and other equitable remedies, in addition to any other remedies available to it in law or equity.