EULA (Attack of the Bugs)
End-User License Agreement (“Agreement”) End-User License Agreement (“Agreement”) ========================================
Last updated: October 04, 2017
Please read this End-User License Agreement (“Agreement”) carefully beforeclicking the “I Agree” button, downloading or using Attack of the Bugs(“Application”).
By clicking the “I Agree” button, downloading or using the Application, youare agreeing to be bound by the terms and conditions of this Agreement.
This Agreement is a legal agreement between you (either an individual or asingle entity) and Empty Clip Studios, Inc. and it governs your use of theApplication made available to you by Empty Clip Studios, Inc..
If you do not agree to the terms of this Agreement, do not click on the “IAgree” button and do not download or use the Application.
The Application is licensed, not sold, to you by Empty Clip Studios, Inc. foruse strictly in accordance with the terms of this Agreement.
Empty Clip Studios, Inc. grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the Applicationstrictly in accordance with the terms of this Agreement.
You agree not to, and you will not permit others to:
* license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Application or make the Application available to any third party.
* notwithstanding the foregoing, you are allowed to create videos of or stream the game through such services as Twitch or YouTube, for free or for profit, without any limitation.
* modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the Application.
* remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Empty Clip Studios, Inc. or its affiliates, partners, suppliers or the licensors of the Application.
Intellectual Property ———————
The Application, including without limitation all copyrights, patents,trademarks, trade secrets and other intellectual property rights are, andshall remain, the sole and exclusive property of Empty Clip Studios, Inc..
Your Suggestions —————-
Any feedback, comments, ideas, improvements or suggestions (collectively,”Suggestions”) provided by you to Empty Clip Studios, Inc. with respect to theApplication shall remain the sole and exclusive property of Empty ClipStudios, Inc..
Empty Clip Studios, Inc. shall be free to use, copy, modify, publish, orredistribute the Suggestions for any purpose and in any way without any creditor any compensation to you.
Modifications to Application —————————-
Empty Clip Studios, Inc. reserves the right to modify, suspend or discontinue,temporarily or permanently, the Application or any service to which itconnects, with or without notice and without liability to you.
Updates to Application ———————-
Empty Clip Studios, Inc. may from time to time provide enhancements orimprovements to the features/functionality of the Application, which mayinclude patches, bug fixes, updates, upgrades and other modifications(“Updates”).
Updates may modify or delete certain features and/or functionalities of theApplication. You agree that Empty Clip Studios, Inc. has no obligation to (i)provide any Updates, or (ii) continue to provide or enable any particularfeatures and/or functionalities of the Application to you.
You further agree that all Updates will be (i) deemed to constitute anintegral part of the Application, and (ii) subject to the terms and conditionsof this Agreement.
Third-Party Services ——————–
The Application may display, include or make available third-party content(including data, information, applications and other products services) orprovide links to third-party websites or services (“Third-Party Services”).
You acknowledge and agree that Empty Clip Studios, Inc. shall not beresponsible for any Third-Party Services, including their accuracy,completeness, timeliness, validity, copyright compliance, legality, decency,quality or any other aspect thereof. Empty Clip Studios, Inc. does not assumeand shall not have any liability or responsibility to you or any other personor entity for any Third-Party Services.
Third-Party Services and links thereto are provided solely as a convenience toyou and you access and use them entirely at your own risk and subject to suchthird parties’ terms and conditions.
Term and Termination ——————–
This Agreement shall remain in effect until terminated by you or Empty ClipStudios, Inc..
Empty Clip Studios, Inc. may, in its sole discretion, at any time and for anyor no reason, suspend or terminate this Agreement with or without priornotice.
This Agreement will terminate immediately, without prior notice from EmptyClip Studios, Inc., in the event that you fail to comply with any provision ofthis Agreement. You may also terminate this Agreement by deleting theApplication and all copies thereof from your mobile device or from yourcomputer.
Upon termination of this Agreement, you shall cease all use of the Applicationand delete all copies of the Application from your mobile device or from yourcomputer.
Termination of this Agreement will not limit any of Empty Clip Studios, Inc.’srights or remedies at law or in equity in case of breach by you (during theterm of this Agreement) of any of your obligations under the presentAgreement.
You agree to indemnify and hold Empty Clip Studios, Inc. and its parents,subsidiaries, affiliates, officers, employees, agents, partners and licensors(if any) harmless from any claim or demand, including reasonable attorneys’fees, due to or arising out of your: (a) use of the Application; (b) violationof this Agreement or any law or regulation; or (c) violation of any right of athird party.
No Warranties ————-
The Application is provided to you “AS IS” and “AS AVAILABLE” and with allfaults and defects without warranty of any kind. To the maximum extentpermitted under applicable law, Empty Clip Studios, Inc., on its own behalfand on behalf of its affiliates and its and their respective licensors andservice providers, expressly disclaims all warranties, whether express,implied, statutory or otherwise, with respect to the Application, includingall implied warranties of merchantability, fitness for a particular purpose,title and non-infringement, and warranties that may arise out of course ofdealing, course of performance, usage or trade practice. Without limitation tothe foregoing, Empty Clip Studios, Inc. provides no warranty or undertaking,and makes no representation of any kind that the Application will meet yourrequirements, achieve any intended results, be compatible or work with anyother software, applications, systems or services, operate withoutinterruption, meet any performance or reliability standards or be error freeor that any errors or defects can or will be corrected.
Without limiting the foregoing, neither Empty Clip Studios, Inc. nor any EmptyClip Studios, Inc.’s provider makes any representation or warranty of anykind, express or implied: (i) as to the operation or availability of theApplication, or the information, content, and materials or products includedthereon; (ii) that the Application will be uninterrupted or error-free; (iii)as to the accuracy, reliability, or currency of any information or contentprovided through the Application; or (iv) that the Application, its servers,the content, or e-mails sent from or on behalf of Empty Clip Studios, Inc. arefree of viruses, scripts, trojan horses, worms, malware, timebombs or otherharmful components.
Some jurisdictions do not allow the exclusion of or limitations on impliedwarranties or the limitations on the applicable statutory rights of aconsumer, so some or all of the above exclusions and limitations may not applyto you.
Limitation of Liability ———————–
Notwithstanding any damages that you might incur, the entire liability ofEmpty Clip Studios, Inc. and any of its suppliers under any provision of thisAgreement and your exclusive remedy for all of the foregoing shall be limitedto the amount actually paid by you for the Application.
To the maximum extent permitted by applicable law, in no event shall EmptyClip Studios, Inc. or its suppliers be liable for any special, incidental,indirect, or consequential damages whatsoever (including, but not limited to,damages for loss of profits, for loss of data or other information, forbusiness interruption, for personal injury, for loss of privacy arising out ofor in any way related to the use of or inability to use the Application,third-party software and/or third-party hardware used with the Application, orotherwise in connection with any provision of this Agreement), even if EmptyClip Studios, Inc. or any supplier has been advised of the possibility of suchdamages and even if the remedy fails of its essential purpose.
Some states/jurisdictions do not allow the exclusion or limitation ofincidental or consequential damages, so the above limitation or exclusion maynot apply to you.
If any provision of this Agreement is held to be unenforceable or invalid,such provision will be changed and interpreted to accomplish the objectives ofsuch provision to the greatest extent possible under applicable law and theremaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to requireperformance of an obligation under this Agreement shall not effect a party’sability to exercise such right or require such performance at any timethereafter nor shall be the waiver of a breach constitute waiver of anysubsequent breach.
For U.S. Government End Users —————————–
The Application and related documentation are “Commercial Items”, as that termis defined under 48 C.F.R. §2.101, consisting of “Commercial ComputerSoftware” and “Commercial Computer Software Documentation”, as such terms areused under 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Inaccordance with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4,as applicable, the Commercial Computer Software and Commercial ComputerSoftware Documentation are being licensed to U.S. Government end users (a)only as Commercial Items and (b) with only those rights as are granted to allother end users pursuant to the terms and conditions herein.
Export Compliance —————–
You may not export or re-export the Application except as authorized by UnitedStates law and the laws of the jurisdiction in which the Application wasobtained.
In particular, but without limitation, the Application may not be exported orre-exported (a) into or to a nation or a resident of any U.S. embargoedcountries or (b) to anyone on the U.S. Treasury Department’s list of SpeciallyDesignated Nationals or the U.S. Department of Commerce Denied Person’s Listor Entity List.
By installing or using any component of the Application, you represent andwarrant that you are not located in, under control of, or a national orresident of any such country or on any such list.
Amendments to this Agreement —————————-
Empty Clip Studios, Inc. reserves the right, at its sole discretion, to modifyor replace this Agreement at any time. If a revision is material we willprovide at least 30 days’ notice prior to any new terms taking effect. Whatconstitutes a material change will be determined at our sole discretion.
By continuing to access or use our Application after any revisions becomeeffective, you agree to be bound by the revised terms. If you do not agree tothe new terms, you are no longer authorized to use the Application.
Governing Law ————-
The laws of United States, excluding its conflicts of law rules, shall governthis Agreement and your use of the Application. Your use of the Applicationmay also be subject to other local, state, national, or international laws.
This Agreement shall not be governed by the United Nations Convention onContracts for the International Sale of Good.
Contact Information ——————-
If you have any questions about this Agreement, please contact us.
Entire Agreement —————-
The Agreement constitutes the entire agreement between you and Empty ClipStudios, Inc. regarding your use of the Application and supersedes all priorand contemporaneous written or oral agreements between you and Empty ClipStudios, Inc..
You may be subject to additional terms and conditions that apply when you useor purchase other Empty Clip Studios, Inc.’s services, which Empty ClipStudios, Inc. will provide to you at the time of such use or purchase.