AGREEMENT TO TERMS
1) LICENSE. The App is licensed, not sold, to you, and may be used only by you for the purposes described herein. Subject to these terms and conditions, Developer grants you a limited, non-transferable, non-exclusive license to install and use the App. Developer may terminate such license at any time and for any reason.
2) OWNERSHIP. You acknowledge and agree that the App, including, but not limited to, the copyrights therein, and all derivative works thereof, are the exclusive property of Developer. All right, title, and interest in and to any and all intellectual property rights, including copyrights, trademarks, and trade secrets in and pertaining to the App are owned by Developer. This agreement does not grant you any rights, express or implied, in the App. All rights not expressly licensed hereunder are reserved to Developer. You may not sell, rent, lease, redistribute, broadcast, transmit, communicate, modify, sublicense or transfer or assign the App to any third party without Developer’s authorization.
3) AGE REQUIREMENT. The App is not intended for those under the age of 13. You agree and acknowledge (i) that you are 13 years of age or older, (ii) if you are the age of majority in your jurisdiction or over, that you have read, understood, and accept to be bound by this agreement, and (iii) if you are between 13 and the age of majority in your jurisdiction, that your legal guardian has reviewed and agrees to the terms of this agreement.
4) NO WARRANTIES. THE APP IS PROVIDED “AS IS” AND, TO THE MAXIMUM EXTENT PROVIDED UNDER LAW, DEVELOPER DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, DEVELOPER DOES NOT GUARANTEE THAT YOUR USE OF THE APP WILL BE ERROR-FREE OR WILL NOT CAUSE LOSS OF OR DAMAGE TO YOUR FILES OR DATA. YOU AGREE THAT DEVELOPER HAS NO LIABILITY FOR APP DISCONTINUANCE OR LACK OF UPDATING FOR ANY REASON.
5) LIMITATION OF LIABILITY. To the maximum extent permitted by applicable law, in no event shall Developer be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use or inability to use the App, even if Developer has been advised of the possibility of such damages. You agree that notwithstanding any damages that you might incur for any reason whatsoever, including, but not limited to, personal injury, injury to property, or direct or general damages, the entire liability of Developer and any of its affiliates under any provision of this agreement and your exclusive remedy for all of the foregoing is the retail cost of the App. The foregoing limitations, exclusions and disclaimers apply to the maximum extent permitted by applicable law, even if any remedy fails of its essential purpose.
During game play, you agree to maintain keen awareness of your surroundings and to use the App in a safe manner. You agree that your use of the App and play of the game is solely at your own risk, and it is your responsibility to maintain such health, liability, hazard, personal injury, medical, life, and other insurance policies as you deem reasonably necessary for any injuries that you may incur while using the App. You also agree not to use the App to violate any laws, rules, or regulations, and you agree not to encourage or enable any other individual to violate any laws, rules, or regulations. Without limiting the foregoing, you agree that in connection with your use of the App you will not inflict emotional distress on other people, will not humiliate other people (publicly or otherwise), will not assault or threaten other people, will not enter onto private property without permission, will not impersonate any other person or misrepresent your affiliation, title, or authority, and will not otherwise engage in any activity that may result in injury, death, property damage, and/or liability of any kind. Without limiting anything else contained in this agreement, and to the extent permitted by applicable law, Developer disclaims all liability related to any property damage, personal injury, or death that may occur during your use of the App, including any claims based on the violation of any applicable laws, rules, or regulations or your alleged negligence or other tort liability.
6) MISCELLANEOUS. This agreement is governed by and construed in accordance with the laws of the United States and the State of New York. If for any reason a court of competent jurisdiction finds any provision of this agreement or portion thereof, to be unenforceable, that provision of the agreement shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this agreement shall continue in full force and effect. You may not assign this agreement to any third party.