FOWNGAMES END USER LICENSE AGREEMENT (EULA)
NOTICE TO USER: PLEASE READ ALL OF THE TERMS AND CONDITIONS OF THIS END USER LICENSE AGREEMENT BEFORE DOWNLOADING, COPYING, INSTALLING OR USING THE SOFTWARE (AS DEFINED BELOW).
INSTALLING AND/OR USING THE PROVIDED SOFTWARE AND THE SERVICE INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, YOU MUST DELETE ANY SOFTWARE FROM YOUR HARDWARE. PLEASE NOTE THAT YOU MAY NOT USE, COPY, MODIFY OR TRANSFER THE SOFTWARE, OR ANY COPY OR PORTION THEREOF, EXCEPT AS EXPRESSLY PROVIDED IN THIS LICENSE AGREEMENT.
By clicking on the "I agree" or other appropriate assent button to use the provided software for mobile or handheld devices (the "Software") and the service accessible via the www.fowngames.mobi website (the "Service"), you agree to be and are hereby bound by the terms and conditions of this License Agreement (this "Agreement"). If you do not agree to the terms and conditions of this Agreement, you should not download, copy, install or use the Service and must promptly destroy any and call copies of the Software made by you.
Grant of License
Centirion Mobile Ltd. ("centirion.com") hereby grants you a non-exclusive license to use the Software and Service subject to the following terms:
You may: (i) install the Software on one or more mobile or handheld device that you own and use the Software and Service for personal, non-commercial purposes only; (ii) access the Service via mobile or handheld devices.
You may not use the Software or Service except under the terms expressly listed above. You shall not (a) modify, translate, reverse engineer, decompile, disassemble (except to the extent that this restriction is expressly prohibited by law) or create derivative works based upon the Software or Service; (b) copy the Software or Service; (c) rent, lease, sell, offer to sell, distribute, or otherwise transfer rights to the Software or Service; and (d) remove any proprietary notices or labels on or relating to the Software or Service. You acknowledge that Centirion Mobile Ltd. has the right to remove, restrict access, terminate and otherwise modify the services provided by Centirion Mobile Ltd. from www.fowngames.mobi and its related pages (collectively, the FownGames "Website") for any reason, including but not limited to a breach of any of the Terms of Service agreement set forth on the FownGames Website (the "Terms of Service Agreement").
Updates
If a Software update is available for the mobile or handheld device, you have the right to access such software updates. You agree that by using an update, you voluntarily terminate your right to use any previous version of the Software. As an exception, you may continue to use previous versions of the Software on your mobile or handheld device but older versions of the Software may no longer be supported by Centirion Mobile Ltd.
Intellectual Property Ownership, Copyright Protection
The Software (and any authorized copies that you make) and Service are the intellectual property of and are owned by the Centirion Mobile Ltd.. The structure, organization and code of the Software and Service are the valuable trade secrets and confidential information of Centirion Mobile Ltd.. The Software and Service is protected by law, including without limitation the copyright laws of Israel and other countries, and by international treaty provisions. Except as expressly stated herein, this Agreement does not grant you any intellectual property rights in the Software and Service and all rights not expressly granted are reserved by Centirion Mobile Ltd..
No Warranty
The Software and Service are being delivered to you "AS IS" and Centirion Mobile Ltd. makes no warranty as to its use or performance. Centirion Mobile Ltd. provides no technical support, warranties or remedies for the Software, Service and Content. Centirion Mobile Ltd. DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE OR SERVICE. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT TO WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURSIDICTION, Centirion Mobile Ltd. MAKES NO WARRANTIES CONDITIONS, REPERSENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT OF THIRD PARTY RIGHTS, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE.
Limitation of Liability
IN NO EVENT WILL Centirion Mobile Ltd. OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER OR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF A Centirion Mobile Ltd. REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS OR FOR ANY CLAIM BY ANY THIRD PARTY. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. Centirion Mobile Ltd.'S AGGREGATE LIABILITY AND THAT OF ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID FOR THE SOFTWARE, IF ANY.
Indemnity
You agree to indemnify, defend and hold Centirion Mobile Ltd. and its officers, directors, employees, or agents free and harmless from and against any liability, loss, injury (including injuries resulting in death), demand, action, cost, expense, or claim of any kind or character, including but not limited to attorney's fees, arising out of or in connection with any use or possession by you of the Software, Service and Content.
Termination
This Agreement shall terminate automatically if you fail to comply with any of the terms and conditions described in this Agreement. No notice shall be required from Centirion Mobile Ltd. to effect such termination. On termination, you must destroy all copies of the Software, Service and Content. Without limiting the foregoing, Centirion Mobile Ltd. may terminate this Agreement immediately for any breach by you of the Terms of Service Agreement.
Copyright
All title and copyrights in and to the Software (including but not limited to any images, photographs, animations, video, audio, music, text, and "widgets" incorporated into the Software), and any copies of the Software are owned by Centirion Mobile Ltd.. The Software is protected by copyright laws and international treaty provisions. You must treat the Software like any copyrighted material.
Export Restrictions
The Software is subject to the export control laws of Israel and applicable export and import control laws of other countries. You agree to comply with and use the Software in a manner consistent with such applicable laws. All rights to use the Software are granted on condition that such rights are forfeited if you fail to comply with this Agreement.
Governing Law
The right and obligations of the parties under this Agreement shall be governed and construed under the laws of the State of Israel, without reference to its conflict of laws principals.
General Provisions
If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of this Agreement, which shall remain valid and enforceable according to its terms. This Agreement may only be modified by a writing signed by an authorized officer of Centirion Mobile Ltd..
Pre-release Product Additional Terms
If the Software you have received with this Agreement is pre-commercial release, beta or "preview" Software ("Pre-release Software"), then the following Section applies. To the extent that any provision in this Section is in conflict with any other term or condition in this Agreement, this Section shall supersede such other terms(s) and condition(s) with respect to the Pre-release Software, but only to the extent necessary to resolve the conflict. You acknowledge that the Software is a pre-release version, does not represent final product from Centirion Mobile Ltd., and may contain bugs, errors and other problems that could cause system of other failures and data loss. The Pre-release Software is provided to you "AS IS", and Centirion Mobile Ltd. disclaims any warranty of liability obligations to you of any kind. WHERE LIABILITY CANNOT BE EXCLUDED FOR PRE-RELEASE SOFTWARE, BUT IT MAY BE LIMITED, Centirion Mobile Ltd.'S LIABILITY AND THAT OF ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS SHALL BE LIMITED TO THE SUM OF THE PRICE OF THE SOFTWARE, IF ANY. You acknowledge that Centirion Mobile Ltd. has not promised or guaranteed to you that Pre-release Software will be announced or made available to anyone in the future, Centirion Mobile Ltd. has no express or implied obligation to you to announce or introduce the Pre-release Software and that Centirion Mobile Ltd. may not introduce a product similar to or compatible with the Pre-release Software. During the term of this Agreement, if requested by Centirion Mobile Ltd., you may provide feedback to Centirion Mobile Ltd. regarding testing and use of the Pre-release Software, including error or bug report. You agree to give up the rights if Centirion Mobile Ltd. incorporates a feedback in a future release of the Software.
You agree that you may not and certify that you will not sublicense, lease, loan, rent, assign or transfer the Pre-release Software.
Upon receipt of a later version of the Pre-release Software, you agree destroy all earlier versions of the Pre-release Software received from Centirion Mobile Ltd. and abide by the terms of the license agreement for any such later versions of the Pre-release Software.
