STANDARD END USER LICENCE AGREEMENT FOR OUR PRODUCTS
PLEASE READ END USER LICENCE AGREEMENT CAREFULLY BEFORE INSTALLING OR DOWNLOADING OUR GAMES. WHEN PURCHASING OUR GAMES FROM 3RD PARTY STORES, YOU WILL BE ASKED TO ACCEPT THE AGREEMENT AND CONTINUE THE INSTALLATION PROCESS. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT YOU WILL NOT BE PERMITTED TO USE THE GAME.
This End User Licence Agreement (Agreement) relates to the games, the installer program and related documentation (The Game). The Game shall also include any upgrades, modified versions or updates of The Game.
By clicking “I Agree” on any relevant 3rd party (or with respect to the installer, by clicking “I AGREE” and the button “NEXT”), you signify your agreement to the terms of this Agreement, which constitute a BINDING LEGAL AGREEMENT. If you do not agree to the terms of this Agreement, click “CANCEL” and DO NOT download or install The Game.
THIS AGREEMENT ALSO APPLIES TO THE USE OF THE GAME ON ANY COMPUTER TO WHICH THE GAME IS DOWNLOADED OR INSTALLED. PLEASE READ THEM CAREFULLY. By using The Game on such a computer, you signify your agreement to the terms of this Agreement, which constitute a BINDING LEGAL AGREEMENT. If you do not agree to the terms of this Agreement and you own or control the medium on which The Game is stored, you must uninstall and erase The Game from the computer memories and storage devices, and destroy all materials obtained from The Game and all related documentation and all copies and installations thereof, whether made under this Agreement or otherwise.
For future reference you should print out a copy of this Agreement.
By continuing to retain a copy of The Game and/or your continued use of The Game following the posting of changes to this Agreement will mean you accept those changes.
1. Title Not Transferred. This Agreement does not transfer title to The Game to you. In the event you download content from the Service, the Content is licensed to you (only) by Bungarra Software Pty Ltd. This means the electronic file that contains the copy of the software for games which is characterized as “goods” for the purposes of the ACL. This definition is excluded under the Sales of Goods Act. The licensee is entitled to the possession of the file, but the title does not transfer title to the licensee. The rights granted herein are limited and do not include any other patents or other intellectual property rights. As between you and Bungarra Software Pty Ltd, Bungarra Software Pty Ltd and its licensors retain full and complete title to The Game and all intellectual property rights therein.
2. General. The Game and all software, documentation and any content accessed through The Game software you are about to download or install are protected by international laws, including copyright laws and treaties. Bungarra Software Pty Ltd, or “We,” “us” or “our”) own all right, title and interest to The Game. Except for the specific rights licensed to you hereunder, Bungarra Software Pty Ltd reserves all of its rights to The Game.
3. Licence and Restrictions. Bungarra Software Pty Ltd hereby grants you, free of charge, a non-exclusive licence to install and use one copy of The Game on a single computer (or one copy on each computer you use) for personal, non-commercial use only. You may make one copy of The Game for your own personal back-up purposes only. You may not make The Game available over a network where it could be used on multiple computers simultaneously.
I. Bungarra Software Pty Ltd shall also have the right to poll your computer to check that you have the correct licence to use.
4. The Game including when moving from a trial to a long-term use arrangement.
You may not (and you agree not to permit another person to):
(I) attempt to decompile, reverse engineer, disassemble or otherwise reduce The Game to a human-readable form, except to the extent applicable laws specifically prohibit such restriction;
(II) modify, translate or create derivative works based on The Game;
(III) redistribute, sell or otherwise copy The Game; remove any identification, copyright or other proprietary notices; or
(IV) Create software that incorporates The Game. Without limiting the foregoing, and except for your right to make one copy of the game for your own personal back-up purposes only, copying or reproduction of the content or software to any other server or location for further reproduction or redistribution is expressly prohibited.
You acknowledge that The Game is not intended for use in connection with any high risk or strict liability activity and Bungarra Software Pty Ltd makes no warranty and shall have no liability in connection with the use of The Game in any such situations.
BUNGARRA SOFTWARE PTY LTD HAS PROVIDED LINKS AND POINTERS TO INTERNET SITES MAINTAINED BY THIRD PARTIES (“THIRD PARTY SITES”) AND MAY FROM TIME TO TIME PROVIDE THIRD PARTY MATERIALS ON THE SERVICE. NEITHER BUNGARRA SOFTWARE PTY LTD SUBSIDIARY COMPANIES NOR ITS AFFILIATES OR SUPPLIERS OPERATE OR CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICE ON THESE THIRD PARTY SITES. THE SERVICE, THE MATERIALS AND PRODUCTS AVAILABLE IN OR ACCESSIBLE THROUGH THE SERVICE, AND THE THIRD PARTY SITE ARE PROVIDED “AS IS”. PRODUCTS DO CONTAIN BUGS AND DEFECTS AND ANY REMEDIES IF APPROPRIATE, ARE SUBJECT TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. BUNGARRA SOFTWARE PTY LTD DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN SUCH MATERIALS AND PRODUCTS, OR IN THE SERVICE, WILL BE UNINTERRUPTED OR ERROR-FREE, WILL BE AVAILABLE FOR USE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE, INCLUDING THE STORAGE SERVICES AND THEIR CONTENTS, OR THE SERVER THAT MAKES THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BUNGARRA SOFTWARE PTY LTD DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE MATERIALS IN THE SERVICE OR IN THIRD PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, COMPLETENESS OR OTHERWISE. You assume all risk of errors and/or omissions in the Service, including the transmission or translation of information and the completeness, accuracy and usefulness of any content found on the Service. You assume full responsibility for implementing sufficient procedures and checks to satisfy your requirements for the accuracy and suitability of the Service, including the information, and for maintaining any means that you may require for the reconstruction of lost data or subsequent manipulations or analyses of the information provided. You acknowledge and agree that your use of the Service, and any information sent or received in connection with that use, may not be secure and may be intercepted by unauthorized parties. YOU ASSUME RESPONSIBILITY FOR THE ENTIRE COST OF NECESSARY MAINTENANCE, REPAIR OR CORRECTION TO YOUR COMPUTER SYSTEM OR OTHER PROPERTY.
6. Limitation of Liability
(A) IN NO EVENT WILL BUNGARRA SOFTWARE PTY LTD, ITS SUBSIDIARY COMPANIES OR ITS AFFILIATES OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICE OR WITH THE DELAY OR INABILITY TO USE THE SERVICE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICE ADVERTISED IN OR OBTAINED THROUGH THE SERVICE, REMOVAL OR DELETION OF ANY MATERIALS OR RECORDS SUBMITTED OR POSTED ON ITS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER BASED ON CONTRACT, TORT OR STRICT LIABILITY OR OTHERWISE, EVEN IF BUNGARRA SOFTWARE PTY LTD OR ANY OF ITS SUBSIDIARY COMPANIES, AFFILIATES OR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS WAIVER APPLIES WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OR OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT BUNGARRA SOFTWARE PTY LTD, ITS PARENT OR SUBSIDIARY COMPANIES, AFFILIATES OR SUPPLIERS WILL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SERVICE. ASIDE FROM STATUTE PROVISIONS WITHIN THE ACL 2010, SOME COUNTRIES AND THEIR STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. SOME COUNTRIES AND THEIR STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY, FROM COUNTRY TO COUNTRY, STATE TO STATE.
(B) Limitation on Liability. We shall not be responsible for loss or damage to your computer hardware or software or other personal property or any other losses which you suffer as a result of installing and operating The Game. We strongly recommend that you
(I) Take care to ensure the suitability and compatibility of The Game with your computer system prior to installation; and
(II) Take reasonable precautions to protect yourself against harmful programs or devices including through installation of anti-virus software.
The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
7. Jurisdiction. Unless otherwise expressly specified, The Game (and any content) is presented solely for the purpose of promoting programs, films, and other products available in the courts of Western Australia. We make no representation that The Game is appropriate or available for use in any particular location. Those who choose to use The Game do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable
(I.) In no event shall Bungarra Software Pty Ltd’s total liability to you for all damages (except as required by applicable law) exceed the amount actually paid by you for the Software.
(II.) Limitation of Liability and Disclaimer of Warranties are Material Terms of this License. You agree that the provisions in this License that limit liability are essential terms of this License.
8. Severability and Survival. If any provision of this License is illegal or unenforceable under applicable law, the remainder of the provision shall be amended to achieve as closely as possible the effect of the original term and all other provisions of this License shall continue in full force and effect.
9. Indemnification. You hereby agree to indemnify, defend, and hold us and our affiliates and our officers, directors, owners, agents, information providers, affiliates, licensors, and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liabilities and costs (including reasonable legal fees) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this Agreement. You shall use your best efforts to cooperate with us in the defence of any claim. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you.
10. Termination. This Agreement is effective until terminated by either party. We reserve the right, in our sole discretion, to terminate your use of The Game and any related services or any portion thereof at any time, without notice, which such termination may include an automatic un-install by Bungarra Software Pty Ltd of The Game from your computer. You may terminate this Agreement at any time by discontinuing use of The Game, erasing The Game from all computer memories and storage devices within your possession or control, and destroying all materials obtained from The Game and all related documentation and all copies and installations thereof, whether made under this Agreement or otherwise. We reserve the right, in our sole discretion, to terminate your (or any group of users’) access to any or all of The Game and the related services or any portion thereof at any time, without notice. Upon termination, you must cease use of The Game, erase The Game from all computer memories and storage devices within your possession or control, and destroy all materials obtained in connection with The Game and all related documentation and all copies and installations thereof, whether made under this Agreement or otherwise.
11. Export. The Game must not be shipped, transferred, exported, downloaded or installed in any country or used in any manner prohibited by international import or export laws, restrictions or regulations.
12. Entire Agreement. This Agreement shall be governed by and construed in accordance with the laws of Australia, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to this Agreement shall be filed only in the courts of Western Australia, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein.
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