End User License Agreement

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END USER LICENSE AGREEMENT

ARCOODA PTY LTD

ARCOODA PINBALL ARCADE APPLICATION

THIS AGREEMENT CONTAINS A BINDING ARBITRATION CLAUSE. PLEASE READ THE AGREEMENT CAREFULLY BEFORE ACCEPTING ITS TERMS AND CONDITIONS.

USE OF THIS APPLICATION IS SUBJECT TO THE SOFTWARE LICENSE TERMS SET FORTH BELOW. THE TERM “APPLICATION” INCLUDES THE SOFTWARE ITSELF, TOGETHER WITH ANY AND ALL ONLINE AND/OR ELECTRONIC DOCUMENTATION, ASSOCIATED MEDIA, PRINTED MATERIALS AND OTHER ASSOCIATED MATERIALS. THE TERM “APPLICATION” MAY ALSO INCLUDE, WHERE APPLICABLE, ADDITIONAL USER-RESIDENT SOFTWARE WHICH MANAGES THE DOWNLOAD AND OPERATION OF OTHER COMPONENTS OF THE APPLICATION, AND WHICH MAY PROVIDE OTHER FUNCTIONALITY AS WELL, WHICH USER-RESIDENT SOFTWARE MAY BE UPDATED FROM TIME TO TIME WHILE THE APPLICATION IS RESIDENT ON THE USER DEVICE, IN THE SOLE DISCRETION OF ARCOODA (OR IF USING STEAM VERSION, FARSIGHT STUDIOS). YOU ARE SOLELY RESPONSIBLE FOR ANY AND ALL TELECOMMUNICATIONS OR OTHER CONNECTIVITY CHARGES INCURRED THROUGH YOUR USE OF THE APPLICATION. EXCEPT IN THE CASE OF APPLICATION COMPONENTS PROVIDED BY THIRD PARTIES (WHOSE COLLECTION AND USAGE OF PERSONAL INFORMATION, IF ANY, ARE GOVERNED BY THEIR OWN RESPECTIVE PRIVACY POLICIES), PERSONAL INFORMATION WHICH YOU MAY PROVIDE TO ARCOODA OR ITS DESIGNEES IS GOVERNED BY ARCOODA’S PRIVACY POLICY, AS IT MAY BE UPDATED FROM TIME TO TIME. BY DOWNLOADING, INSTALLING, AND/OR USING THIS APPLICATION, YOU ACCEPT AND EXPRESSLY CONSENT TO THE TERMS OF THIS LICENSE WITH ARCOODA.

  1. LIMITED USE LICENSE.

Arcooda grants you the non-exclusive, non-transferable, limited right and license to install and use one copy of this Application solely and exclusively for your personal use. All rights not specifically granted under this Agreement are reserved by Arcooda. This Application is licensed, not sold. Your license confers no title or ownership in this Application and should not be construed as a sale of any rights in this Application.

  1. OWNERSHIP.

All title, ownership rights, and intellectual property rights in and to this Application (including but not limited to any trademarks, titles, computer code, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artwork, animation, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, any related documentation, and “applets” incorporated into this Application) are owned by Arcooda or its licensors. This Application is protected by the copyright laws of Australia & USA, international copyright treaties and conventions and other laws. This Application contains certain licensed materials, and Arcooda’ licensors may also protect their rights in the event of any violation of this Agreement.

     3. YOU AGREE THAT YOU WILL NOT DO ANY OF THE FOLLOWING:

  1. exploit this Application or any of its parts commercially;
  2. use this Application, or permit use of this Application, on more than one user device (e.g. computer, handset, PDA or other device) at the same time;
  3. make copies of this Application or any part thereof, or make copies of any of its accompanying material;
  4. sell, rent, lease, license, distribute, loan or otherwise transfer this Application, or any copies of this Application, without the express prior written consent of Arcooda;
  5. reverse engineer, decompile, disassemble or otherwise reduce this Application to any human-perceivable form;
  6. modify, adapt, translate or otherwise create derivative works based on this Application;
  7. disable, modify or otherwise tamper with any anti-piracy/anti-hacking functionality of this Application;
  8. remove, disable or circumvent any proprietary notices, marks or labels contained on or within this Application or its accompany material; or
  9. export or re-export this Application or any portion, process, copy or adaptation hereof in violation of any applicable laws or regulations.
  1. REPRESENTATIONS CONCERNING AGE AND JURISDICTION.

You represent and warrant that you are at least ten (10) years old. Children under the age of ten (10) are not permitted to use the Software. If you reside in a jurisdiction which restricts the use of software according to age, or which restricts the ability to enter into agreements such as this EULA according to age and you are under such age limit, you may not enter into this EULA, download, install or use the Software. If you reside in a jurisdiction where it is forbidden by law to offer or use the Software for internet communication, you may not enter into this EULA, download, install or use the Software. By entering into this EULA, you represent that you have verified in your own jurisdiction that your use of the Software is permitted by law.

  1. DISCLAIMER OF WARRANTY.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: (a) THIS APPLICATION IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (b) THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THIS APPLICATION IS WITH YOU; (c) ARCOODA WILL HAVE NO LIABILITY TO YOU FOR ANY REASON BASED ON YOUR USE OF THIS APPLICATION UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION; AND (d) ARCOODA’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF ANY SOFTWARE PROVIDED BY OR ON BEHALF OF ARCOODA WILL BE THE REPLACEMENT OF ANY ARCOODA SOFTWARE FOUND TO BE DEFECTIVE. SOME JURISDICTIONS MAY NOT ALLOW (OR MAY LIMIT) DISCLAIMERS OF CERTAIN WARRANTIES, IN WHICH CASE THE FOREGOING DISCLAIMERS WILL BE ENFORCED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

  1. LIMITATION OF LIABILITY.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: (a) IN NO EVENT WILL ARCOODA BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM USE, POSSESSION, MISUSE OR MALFUNCTION OF THIS APPLICATION, INCLUDING WITHOUT LIMITATION DAMAGE TO PROPERTY, LOSS OF GOODWILL, COMPUTER OR HANDHELD DEVICE FAILURE OR MALFUNCTION AND DAMAGES FOR PERSONAL INJURY, EVEN IF ARCOODA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (b) ARCOODA’S LIABILITY WILL IN NO EVENT EXCEED THE ACTUAL PRICE PAID FOR THE LICENSE TO USE THIS APPLICATION. SOME JURISDICTIONS MAY NOT ALLOW CONTRACTUAL LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS AND/OR EXCLUSION OR LIMITATION OF LIABILITY FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, IN WHICH CASE ARCOODA’S WARRANTY PERIOD AND LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

  1. TERMINATION.

Without prejudice to any other of Arcooda’s rights or of your obligations hereunder, the limited license set forth in Section 1 of this Agreement will terminate automatically if you fail to comply with the terms and conditions of this Agreement. In such event, you must destroy all copies of this Application and all of its component parts and related materials.

  1. Privacy Policy.

You hereby authorize Arcooda to collect certain personal data about you. Your use of the Application is subject to Arcooda’s Privacy Policy found at www.arcoodapinballarcade.com, which is hereby incorporated into this Agreement.

  1. INJUNCTIVE RELIEF.

Because Arcooda would be irreparably damaged if the terms of this Agreement were not specifically enforced, you agree that Arcooda will be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to any and all other remedies which Arcooda may have under applicable laws.

  1. INDEMNITY.

You agree to indemnify, defend and hold Arcooda, its partners, affiliates, contractors, officers, directors, employees and agents harmless from all damages, losses and expenses arising directly or indirectly from your acts and omissions to act in using the Product pursuant to the terms of this Agreement

MISCELLANEOUS.

(a) This Agreement, including the Privacy Policy, represents the complete agreement concerning the license of this Application between the parties and supersedes all prior or contemporaneous agreements and representations between them regarding the same subject matter. (b) This Agreement may be amended only by a writing executed or electronically accepted by both parties. (c) If any provision of this Agreement is held to be unenforceable for any reason, such provision will be reformed only to the extent necessary to make it enforceable and the remaining provisions of this Agreement will not be affected. (d) This Agreement will be governed by the laws of New South Wales, Australia.

ACCEPTANCE

BY AGREEING TO PURCHASE, YOU AGREE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND THAT YOU WILL BE BOUND BY AND COMPLY WITH IT.