a. The term "Game" means products supplied by 10Tickles Animation & Design and it also includes any updates or upgrades,
c. The term "Consumer" means a Licensee who is a natural person who licensed the Game.
d. The term "Free Version" means Game that is provided by 10Tickles Animation & Design to you for free.
e. End – user licence agreement – sometimes referred to as "EULA" or "Licence".
2. Ownership/Intellectual Property Rights:
a. You, as Licensee, through your downloading, installing or use of this product do not acquire any ownership rights to the Game. The Game is protected by intellectual property laws and treaties. The rights to use the Game as set out in this Agreement are licensed, not sold, to you by 10Tickles Animation & Design.
b. Third party trademarks, trade names, product names and logos may be the trademarks or registered trademarks of their respective owners. You may not remove or alter any trademark, trade names, product names, logo, copyright or other proprietary notices, legends, symbols or labels in the Game. This EULA does not authorize you to use 10Tickles Animation & Design or its licensors' names or any of their respective trademarks.
c. As between you and 10Tickles Animation & Design,10Tickles Animation & Design is the owner of all right, title and interest in and to the Game (including all copyrights, trademarks and patents) regardless of the media or form of the Game; whether online, by disk or otherwise.
d. You shall not, at any time during or after the effective Term of the EULA, dispute or contest, directly or indirectly, 10Tickles Animation & Design's exclusive right and title to the Game or the validity thereof.
e. You shall not attempt to develop any Game that contains the "look and feel" of any of the Game, or is otherwise derivative of the Game.
3. License grant:
a. Under the condition that:
- You have legally acquired the rights to the Game,
- paid the applicable price and
- have registered and You hold valid User Account,
10Tickles Animation & Design grants You a personal, limited, non-exclusive license to install and use the Game for your personal, noncommercial use solely as set forth in this License and any accompanying documentation. Any commercial use is prohibited. You are expressly prohibited from sublicensing, renting, leasing or otherwise distributing the Game or rights to use the Game. The term of your license shall commence on the date that you start to download, install or otherwise use the Game, and shall end on the earlier of the date that you dispose of the Game or 10Tickles Animation & Design's termination of this License. You may not translate, reverse engineer, decompile, disassemble, or create derivative works from the Game.
b. You may download the Game from an authorized source. The number of copies that you can download during a consecutive period of days may be limited. You may not make a copy of the Game available on a network where it could be used by multiple users at the same time. You may not make the Game available over a network where it could be downloaded by multiple users.
c. You acknowledge and agree that the Game may use information regarding your computer, hardware, media, software and your use of the Game to validate your license rights and to update the Game.
d. You agree that the Game may automatically download and install updates, upgrades and additional features that 10Tickles Animation & Design deems reasonable, beneficial to you and/or reasonably necessary. You acknowledge and agree that any obligation 10Tickles Animation & Design may have to support the previous version(s) may be ended upon the availability of the update, upgrade and/or implementation of additional features.
4. Consent to Collection and Use of Data.
a. During the process of registration and unlocking, updating or upgrading the Game and when technical support is provided, 10Tickles Animation & Design may collect and use technical information for improvement of the Game or for support purposes.
b. 10Tickles Animation & Design may track and collect information from your use of the Game and aggregate such Data. This Data is anonymous. You may decide whether or not this Data to be aggregated by 10Tickles Animation & Design.
c. 10Tickles Animation & Design knows that information about our customers is an important part of our business. 10Tickles Animation & Design would never sell Your personally identifiable information to anyone, nor would it ever use spyware or install spyware on users' machines.
d. Personal information that You give 10Tickles Animation & Design directly and information that 10Tickles Animation & Design collects as specified in section b. of this article will be used for purposes such as improving our products and services, troubleshooting bugs and otherwise to improve your user experience.
5. Conduct Settings
a. By installing and using Game you acknowlledge and agree that you will not to:
- create a false identity for purposes of misleading others,
- violate the rights of others, defame, abuse, harass, threaten, spam or otherwise interfere with others' use of the Game,
- publish, transfer or distribute any inappropriate, indecent, obscene, foul or unlawful conduct,
- transfer, stream or otherwise make available material that contains viruses, Trojan horses, worms, time bombs, cancel bots, corrupted fines or any other similar material that may damage the device.
6. Safe Play
During game play, please be aware of your surroundings and play safely. You agree that your use of the Game and play of the game is 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 Game. You also agree not to use the App to violate any applicable law, rule, or regulation (including but not limited to the laws of trespass) and you agree not to encourage or enable any other individual to violate any applicable law, rule, or regulation. Without limiting the foregoing, you agree that in conjunction with your use of the Game 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. To the extent permitted by applicable law 10Tickles Animation & Design disclaim all liability related to any property damage, personal injury, or death that may occur during your use of our Game, including any claims based on the violation of any applicable law, rule, or regulation or your alleged negligence or other tort liability. Further, in the event that you have a dispute with one or more other users of the Game, you release 10Tickles Animation & Design from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
a. Licensee agrees to indemnify, defend and hold harmless 10Tickles Animation & Design and its affiliates and their respective officers, employees, directors, agents, licensees (excluding you), sublicensees (excluding you), successors and assigns from and against any and all liability, costs, losses, damages, and expenses (including reasonable attorneys’ fees and expenses) arising out of any claim, suit, or cause of action relating to and/or arising from
(a) your breach of any term of this EULA;
(b) your violation of any rights of any third party; or
(c) your use or misuse of the Game.
Your indemnification obligations set forth in the immediately preceding sentence shall survive the termination of this EULA.
8. Limitation of Liability
a. To the extend permitted by applicable law, neither 10Tickles Animation & Design nor any party involved in creating, producing, or delivering the Game will be liable to you for any indirect, incidental, special, punitive, exemplary, or consequential damanges, including lost profits, loss of data, or goodwill, service interruption, computer/phone damage, or system failure or the cost of substitue devices, arising out of or in connection with these terms, or from the use of or inability to use the Game or content, or from any communications, interactions, or meeting with other users of the Game or persons with who you communicate or interact as a result of a use of the Game, whether based on warranty, contract, tort (including negligence), product liability, or any other legal, theory and whether or not 10Tickles Animation & Design have been adviced of the possibility of such damages, even if a limited rememdy set forth herein is found to have failed of it's essential purpose.Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the foregoing limitation of liability shally apply to the fullest extent permitted by law in the applicable jurisdication.
In no event will the total liability of 10Tickles Animation & Design arising out of or in connection with these terms or from the use of or inability to use the services or content exceed one hundred dollars. The exclusions and limitations of damages set forth above are fundamental element of the basis of the bargain between 10Tickles Animation & Design and You.
9. Third Party Content and Game:
a. The Game may utilize or include third party content, software or other copyrighted material ("Third Party Content"). Your use of such third party material is governed by their respective terms and conditions. By accepting this EULA, you are also accepting the additional terms and conditions, of the third party. 10Tickles Animaton & Design expressly disclaims any all warranties in connection with the Third Party Content, and shall have no liability in connection therewith.
b. Your use of the Game may allow you to connect with third party applications or websites ("Third Party Applications"). Your use of the Third Party Applications is governed by the terms and conditions thereof. By accepting this EULA, you are also accepting the additional terms and conditions, if any, set forth therein. 10Tickles Animaton & Design expressy disclaims and all warranties in connection with the Third Party Applications, and shall have no liability in connection therewith.
c. 10Tickles Animaton & Design is not liable for costs arising out of services demanded by the Licensee that are not provided by 10Tickles Animaton & Design. This shall in particular apply to costs of data transfer from or to the Licensee’s device to a third party.
10. Termination of the License:
a. The Licensee may terminate this EULA at any time by destroying the Game together with all copies in any form. This EULA will also terminate automatically upon conditions set forth elsewhere in this EULA, or if the Licensee fails to comply with any term or condition of this EULA, without notice to the Licensee. The Licensee agrees upon such termination to destroy the Game together with all copies in any form.
b. 10Tickles Animaton & Design may terminate this EULA immediately when Licensee breaches terms and condtions of this EULA . 10Tickles Animaton & Design is justified immediately to inhibit the Licensee to use the Game.
11. Governing Law/Place of Performance and Jurisdiction/Dispute Resolution:
a. Exclusively Australian law applies, with the exception of the its conflicts- of- law rules, even if the Licensee has his/her residential or business seat abroad. If the Licensee is a Consumer, this choice of law shall not, however, have the result of depriving the consumer of the protection afforded to him by provisions that cannot be derogated from by agreement by virtue of the law which, in the absence of choice, would have been applicable.
b. For all present and future claims from this Agreement, the exclusive jurisdiction is Australia. The same jurisdiction applies if the Licensee has no general jurisdiction inside Australia, if he/she relocates his/her residence or habitual abode out of the country, or if his/her residence or habitual abode is not known at the time of institution of legal proceedings. Mandatory regulations of the Council Regulation on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters are unaffected hereby.
a. The Licensee can only offset claims of 10Tickles Animaton & Design with undisputed or legally established counterclaims. The Licensee can only exercise a right of retention if his/her counterclaim is based on the same contractual relationship. The transfer of the Licensee's claims against 10Tickles Animaton & Design is prohibited.
b. All rights not explicitly granted in this agreement are reserved.
c. The failure or delay of 10Tickles Animaton & Design to exercise any of its rights under this EULA or upon any breach of this EULA shall not be deemed a waiver of those rights or of the breach.
d. This agreement constitutes the complete and exclusive agreement between 10Tickles Animaton & Design and Licensee with respect to the subject matter hereof and supersedes all proposals, representations, understandings and prior agreements, whether oral or written, and all other related communication between the parties. All rights not explicitly granted in this agreement are reserved. Any clause in this agreement, which is found to be invalid or unenforceable shall be deemed deleted and the rest of this agreement shall remain unaffected.
e. Nothwithstanding any provisions in this Agreement to the contrary, we agree that if 10Tickles Animaton & Design makes any future changes to this Agreement you may reject any such change by sending us written notice within 30 days of the change.