EULA | happypong

Last Updated: 8/5/2016

The following end user license terms and conditions (“EULA”) apply to all use, download and installation of each version and iteration of Happy Pong (“the Game”) whilst in development and during release as made available by POPPGAMES in addition to the Website Terms.

YOU SHOULD READ THE FOLLOWING EULA CAREFULLY, BEFORE USING, DOWNLOADING OR INSTALLING THE GAME. ALL USE OF GAME IS GOVERNED BY AND CONDITIONAL ON YOUR ACCEPTANCE OF AND COMPLIANCE WITH THIS EULA AND THE TERMS AND CONDITIONS OF THE WEBSITE. ANY USE, REPRODUCTION OR REDISTRIBUTION OF THE GAME NOT IN ACCORDANCE WITH THE TERMS OF THIS EULA IS EXPRESSLY PROHIBITED. IF YOU DO NOT ACCEPT THE TERMS OF THE GAME EULA, YOU MAY NOT USE, DOWNLOAD OR INSTALL THE GAME.

YOU SPECIFICALLY AGREE, ACKNOWLEDGE AND ACCEPT THAT: THE GAME IS MADE AVAILABLE “AS IS”. POPPGAMES IS NOT REQUIRED TO PUBLISHED UPDATES TO THIS GAME. THE GAME MAY CONTAIN DEFECTS AND/OR ERRORS; THE GAME MAY CRASH AND / OR CAUSE DATA LOSS; YOU USE, DOWNLOAD AND INSTALL THE GAME AT YOUR OWN RISK, KNOWING THAT IT IS PROVIDED AS IS AND WITH FAULTS. YOU ARE ADVISED TO BACK-UP AND OTHERWISE SAFEGUARD ALL DATA AND SOFTWARE ON YOUR COMPUTER AND TO NOT RELY ON THE CORRECT FUNCTIONING OR PERFORMANCE OF THE GAME.

1. Limited Use License.
On and subject to the terms of the EULA, POPPGAMES hereby grants and by using, downloading or installing the Game you accept a limited, non-exclusive, non-transferable, personal right and license to download, install and use the Game for your personal, non-commercial use on any number of computers.

2. Restrictions.
You are not entitled to and must not: sell, distribute or otherwise transfer copies or reproductions of the Game to other parties in any way; remove, disable or circumvent any proprietary notices, labels or copy protection software contained on or within the Game; exploit the Game or any of its parts for any commercial purpose including, but not limited to, the use the Game for any illegal or immoral purposes; export or re-export the Game or any copy or adaptation in violation of any applicable laws or regulations; create data or executable programs which mimic data or functionality in the Game; otherwise use, copy, transfer, distribute, rent, lease, loan, sub-license or deal in the Game or any part or interest in it except as expressly provided by the EULA or in any manner which is inconsistent with the EULA; EXCEPT IN THE EVENT AND TO THE EXTENT THAT YOU ARE EXPRESSLY AUTHORISED TO DO SO UNDER THE TERMS APPLICABLE TO YOU in whole or in part reproduce, translate, reverse engineer, derive source code from, modify, adapt, merge, translate, disassemble, decompile, or create derivative works based on or of the Game, except where applicable law provides otherwise in which case the product and all end results of such acts shall belong to, vest in and be the exclusive property of POPPGAMES on creation.

3. Ownership.
The Game is licensed, not sold. Your license confers no title or ownership in the Game. All right, title, interest and ownership rights in the Game and any copyright, design right, database right, patents and any rights to inventions, know-how, trade and business names, trade secrets and trade marks (whether registered or unregistered) and any applications therefor and other intellectual property rights (“Intellectual Property Rights”), in or connected with the Game and each part thereof (including by way of example only any titles, code, themes, objects, characters, stories, catchphrases, concepts, artworks, animations, sounds, music, audio-visual effects and methods of operation) are owned by, belong to and vest in POPPGAMES or its licensors. The Game is protected by copyright law, international copyright treaties and conventions and other laws. All rights are asserted and reserved. The Game may contain certain licensed materials and POPPGAMES licensors may act to protect their rights in the event of any breach of the Happy Pong EULA. All trade marks are the property of their respective owners.

4. Termination.
The EULA and any license granted by it is effective until terminated. You may terminate the EULA at any time by deleting and removing the Game from all computers which your copy of the game is installed on, and destroying your copy of the Game in your possession, except section 5, which will continue to be binding after termination. The EULA and any license granted by it will terminate automatically if you fail to abide by any of the terms and conditions. POPPGAMES may additionally, at its discretion, give you notice of termination of the EULA and any license granted by it in the event that it becomes aware that you are failing to comply with the terms and conditions of it. In that event, you must immediately destroy and erase the Game and all and any copies in your possession or control and stored on any media whatsoever and on POPPGAMES’s request certify that you have done so.

5. Limited Warranty and Liability
The Game is supplied “as is” and POPPGAMES gives no representation or warranty concerning it.
You expressly accept and acknowledge that the Game may contain defects in material and workmanship and that downloading, using and installing the Game may damage your computer and any data or software stored or held on it. Your installation and use of the Game is entirely at your own risk and POPPGAMES is not liable for any destruction of data or damage to your computer.
You should back-up to another secure location, on a regular basis, any data files concerning your use of the Game as POPPGAMES has no liability for lost or corrupted data.
EXCEPT AS SPECIFICALLY PROVIDED IN THE EULA AND TO THE MAXIMUM EXTENT PERMITTED BY LAW: POPPGAMES EXCLUDES ANY AND ALL LIABILITY FOR ALL REPRESENTATIONS (EXCEPT THOSE MADE FRAUDULENTLY), WARRANTIES, CONDITIONS AND OTHER TERMS WHICH BUT FOR THIS NOTICE WOULD HAVE EFFECT; THE GAME IS PROVIDED "AS IS" WITHOUT WARRANTY OR GUARANTEE OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT;

POPPGAMES DOES NOT WARRANT THAT THE OPERATION OF THE GAME WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ERRORS CAN BE CORRECTED; YOU INSTALL AND USE THE GAME AT YOUR OWN RISK; POPPGAMES AND ITS LICENSORS WILL NOT IN ANY EVENT BE LIABLE IN ANY WAY FOR ANY CONSEQUENTIAL LOSS OR DAMAGE RESULTING FROM THE USE OF OR INABILITY TO USE THE GAME, ERRORS OR DEFICIENCIES IN IT, DAMAGE TO PROPERTY, LOST DATA, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION, LOSS OF BUSINESS, LOSS OF INFORMATION OR LOST PROFIT, WHETHER CAUSED BY NEGLIGENCE OR OTHERWISE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS; POPPGAMES AND ITS LICENSORS WILL NOT IN ANY EVENT BE LIABLE IN ANY WAY FOR ANY COMMERCIAL DAMAGE OR LOSS; POPPGAMES AND ITS LICENSORS WILL NOT BE HELD LIABLE FOR ANY DAMAGE, INJURY OR LOSS IF CAUSED AS A RESULT OF YOUR NEGLIGENCE, ACCIDENT OR MISUSE, OR IF THE GAME HAS BEEN MODIFIED IN ANY MANNER (NOT BY POPPGAMES OR ITS LICENSORS) AFTER IT HAS BEEN BOUGHT. THE LIABILITY OF POPPGAMES AND ITS LICENSORS SHALL NOT EXCEED THE ACTUAL PRICE PAID FOR THE GAME. THE EULA SHALL NOT LIMIT ANY RIGHTS YOU MIGHT HAVE AS A CONSUMER THAT MAY NOT BE EXCLUDED UNDER APPLICABLE LAW NOR SHALL IT EXCLUDE OR LIMIT ANY LIABILITY FOR FRAUD OR DEATH OR PERSONAL INJURY ARISING CAUSED BY POPPGAMES’S NEGLIGENCE.

6. Indemnity.
You must adhere the terms of this EULA and not do anything that infringes the rights of anyone else or do anything in breach of EULA which may give a person a claim against POPPGAMES. If you breach the EULA, and POPPGAMES get challenged, threatened or sued by someone because of it, POPPGAMES may hold you responsible and that means you may have to pay POPPGAMES back for any damage we suffer as a result. Therefore it’s important that you comply with the EULA.
You further agree that POPPGAMES would be irreparably damaged if the terms of the EULA were not specifically enforced, and therefore you agree that POPPGAMES shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of the EULA , in addition to such other remedies as POPPGAMES may otherwise have available to it under applicable laws. POPPGAMES's licensors shall be third-party beneficiaries under the Website EULA and shall have the express right to enforce its provisions and to enjoy the benefits of its protections.

7. Data Collection and Feedback
The Game includes data collection by use of the Steamworks API, which, when installed on your computer, may collect and sends data to and from Steam concerning your use of the Game including, but not limited to, without limitation:
Your high scores, your playtime, your steam id
All data collected will be processed accordance with the policy contained in the terms of the EULA.
If you do not want your computer to send this data to POPPGAMES please do not use the Game whilst connected to the Internet.

8. Online Service
Use of any applicable online service, such as steam leaderboards and cloud saves, which may be accessed using the Game shall be subject to the terms and conditions applicable to such online service.

9. General
In the event that any provision of the EULA shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision will be enforced to the maximum extent permissible and the remaining portions of the EULA shall remain in full force and effect.

To the maximum extent permitted by the local law applicable in the country in which you obtain or use it the Game and the EULA are subject to US Law. In the event that US Law cannot apply in the country you obtained or use the Game local law will apply. The Game is intended for use and may only be used in countries where all such use is lawful.
The terms of the EULA is personal to you and you are not permitted to transfer any of your rights under the EULA.
The Game may not be re-exported, downloaded or otherwise exported into (or to a national or resident of) any country to which this country has an embargo in force.

10. Entire Agreement

This EULA, and those documents expressly incorporated by reference, contain the entire agreement between the parties and supersedes all previous negotiations or agreements relating to your right to use the Software. If you are under 18 years of age, please ask your parent or guardian to review and approve this EULA on your behalf.

11. Updates to this EULA

We may update this EULA from time to time by notice on our website, or by including the updated EULA in a Software update. Such variation will be effective upon posting those notifications and changes on our website, or your installing the Software update, without further notice to you.

CONTACT INFORMATION: http://poppgames.wixsite.com/happypong/contact