This End User License Agreement (hereinafter referred to as the "AGREEMENT") constitutes a binding legal agreement between Intelio Solutions, a company headquartered in Poland, Irysowa 34, 87-100 Torun (hereinafter referred to as the "LICENSOR") and an individual person, an organization or any other entity (hereinafter referred to as the "LICENSEE").
This AGREEMENT defines terms and conditions for using Demo Version of The Pirate Memory Game (hereinafter referred to as the "SOFTWARE").
The SOFTWARE includes the computer software itself, the whole electronic documentation and any multimedia files distributed with computer software.
Any actions leading to usage of the SOFTWARE by the LICENSEE, in particular installing or copying of the SOFTWARE or development of KLANGO-APPLICATIONS, require the LICENSEE to agree to be bound by all of the terms and conditions of the AGREEMENT.
The LICENSOR represents and declares that the LICENSOR has rights to grant license for using the subject of the AGREEMENT according to the terms and conditions outlined in the AGREEMENT.
The LICENSOR, herby grants the LISENSEE a free of charge, non-exclusive and non-sublicensable LICENSE.
The subject of the license is the possibility of loading the SOFTWARE into computer memory to run the SOFTWARE.
The LICENSEE could make any number of copies of the SOFTWARE and distribute those copies as long as those copies will be made available free of charge and every single copied or distributed copy of the SOFTWARE includes the AGREEMENT in the unchanged form.
The LICENSEE could not sell or take any other commercial advantage of the SOFTWARE.
The LICENSEE is not allowed to pass its rights granted with the AGREEMENT to an individual person, an organization or any other entity.
The LICENSEE is not allowed to undertake, cause, permit, authorize or order the modification, decompiling, disassembling, translating or hacking of the SOFTWARE.
The LICENSEE agrees not to remove, obscure, make illegible or alter any notices or indications of intellectual and other rights of the LICENSOR.
The LICENSOR informs, that the authors of the SOFTWARE reserve the right to add additional features or functions, or to provide programming fixes, updates and upgrades, to the SOFTWARE. The LICENSEE acknowledges and agrees that the LICENSOR has no obligation to make available to the LICENSEE any subsequent versions of the SOFTWARE.
LICENSEE also agree that LICENSEE may have to enter into a renewed version of this AGREEMENT, in the event LICENSEE wants to download, install or use a new version of the SOFTWARE. Any additional or new elements of the SOFTWARE made available to the LICENSEE as a result of technical support are an integral part of the SOFTWARE and are subject to the AGREEMENT.
The LICENSEE acknowledges and agrees that the LICENSOR does not control nor know the content of a KLANGO-APPLICATION and the LICENSOR does not control any communication(s) spread by users of the SOFTWARE.
The LICENSOR is committed to respecting the LICENSEE's privacy and the confidentiality of the LICENSEE's personal data. The LICENSEE understands that the LICENSOR uses or will use in its SOFTWARE commercially reasonable efforts to protect the privacy and integrity of computer resources and communication of the LICENSEE. However, the LICENSEE acknowledges and agrees that the LICENSOR cannot give any warranties in this respect.
The LICENSEE acknowledges that independently to any other rights of the LICENSOR or LICENSEE, the LICENSOR or the LICENSEE may terminate the AGREEMENT with immediate effect for the future at any time, with or without prior notification. Upon termination of this Agreement, all licenses and rights to use the SOFTWARE shall terminate, and the LICENSEE will cease any and all use of the SOFTWARE, and the LICENSEE will destroy all copies of the SOFTWARE and its parts being in the possession of the LICENSEE.
The LICENSEE represents and warrants that is authorized to enter into this Agreement and comply with its terms. The LICENSEE agrees to indemnify, defend and hold THE LICENSOR harmless from and against any and all liability and costs, including reasonable attorneys' fees incurred by said parties, in connection with or arising out of the LICENSEE's violation or breach of any term of this AGREEMENT or any applicable law, regulation, policy or guideline, whether or not referenced herein.
The LICENSOR represents and declares, that creating the SOFTWARE including accompaning documentation put reasonable effort to assure its quality. The SOFTWARE is provided "as is", with no warranties whatsoever. The LICENSOR does not, either expressed, implied or statutory, make any warranties, claims or representations with respect to the SOFTWARE, including, without limitation, warranties of quality, performance, non-infringement, merchantability, or fitness for use or a particular purpose.
The LICENSOR further does not represent or warrant that the SOFTWARE will be always available, accessible or will operate uninterrupted, secure, accurate, complete and error-free.
Although some user support could be provided, the LICENSOR does not warrant to solve every technical problem, that is assignable to the use of the SOFTWARE.
In no event THE LICENSOR, its affiliates or the LICENSOR 's staff be liable, whether in contract, warranty, tort (including negligence), product liability or any other form of liability, for any indirect, incidental, special or consequential damages (including without limitation any loss of data, interruption, computer failure or pecuniary loss) arising out of the use or inability to use the SOFTWARE, even if the LICENSOR, its affiliates or the LICENSOR 's staff have been advised of the possibility of such damages.
THE LICENSOR reserves the right to modify this Agreement at any time by providing such revised Agreement to the LICENSEE. The continued use of the SOFTWARE shall constitute the LICENEE's acceptance to be bound by the terms and conditions of the revised Agreement.
This Agreement shall be governed by and construed in accordance with the laws of Poland. Any amendment hereto shall not be valid unless made in writing.
The LICENSOR and LICENSEE hereto declare that they are willing to settle any possible disputes arising out of this Agreement amicably. Should such amicable settlement be impossible, the court competent for claims resulting from this Agreement shall be the Court having jurisdiction over the LICENSOR's seat.
You expressly acknowledge that you have read this agreement and understand the rights, obligations, terms and conditions set forth herein. By clicking on the accept button and/or continuing to install the SOFTWARE, you expressly consent to be bound by its terms and conditions and grant to the LICENSOR the rights set forth herein.