Loopycube Online Game Software License Agreement
Revised August 18, 2010
Please read this contract carefully. By downloading, installing, or using Loopycube online game software, or by using or accessing Loopycube’s online game services related to the software, you agree to accept all the terms and conditions of this agreement. You agree that this agreement is enforceable like any written negotiated document signed by you.
If you do not agree, do not download, install or otherwise use the software, and do not use or access online game services related to the software. If you have already acquired the software without an opportunity to review this agreement, and do not accept all the terms and conditions of this agreement, you must immediately cease and desist using the software and destroy or erase all your copies of the software. You may request a refund, with proof of payment, from the location from which it was obtained.
This License Agreement (the “Agreement”) is a legal agreement between Loopycube Software Inc. (“Loopycube”), a Quebec corporation, principally located in Boucherville, Quebec, Canada and you, the user (“Licensee”), and is effective the date Licensee installs, downloads, copies or otherwise Uses, in whole or in part, a Loopycube online game software product (the “Software”) or Loopycube online game services related to the software (the “Service”). Herein, “Use”, “Uses” or “Used” means to access any of the files that are included with the Software, to load or run the Software on an electronic device or computer, to access the Service, or to otherwise benefit from using the Software or Service.
The Software is licensed, not sold. If Licensee has legitimately obtained a registered license for the Software from Loopycube, or from an authorized online application store or other authorized reseller (referred to as “Legitimate Sources”), Licensee is considered to be an authorized (“Authorized”) licensee.
Updates of the Software that are installed, downloaded, copied or otherwise Used by the Licensee are considered as part of the Software. Loopycube reserves the right to add or remove features or functions to the Software and/or Service at any time in its sole discretion. You acknowledge and agree that Loopycube has no obligation to make available to you any subsequent versions of the Software or any other applications, unless you have purchased a paid subscription the includes updates from Loopycube or an authorized reseller.
1. GRANT OF INSTALL LICENSE
If Licensee is Authorized, Loopycube grants Licensee a non-exclusive license to install the Software on an unlimited number of devices or computers operated solely by Licensee or Licensee’s family members. The license rights granted herein do not apply to installation of the Software on devices or computers running operating systems that have been jailbroken or otherwise modified in an unauthorized way.
2. GRANT OF USAGE LICENSE
If Licensee is Authorized, Loopycube grants Licensee a non-exclusive license to Use the Software and Service on devices or computers Licensee has installed the Software on in accordance with section 1 above. If Licensee is using a free trial edition of the Software, Licensee may not Use the Software and Service for a period longer than 60 days after the date the Software was first installed. The license rights granted herein do not apply to Licensees that are developing software that competes directly with the Software.
The Software may only be Used in connection with the Service and in accordance with the Online Agreements. You may not use the Software if it has been modified in any way except through updates or software patches provided by Legitimate Sources.
3. ACCOUNT & SERVICE
Your use of the Service requires the creation of a user account. A user account may be created automatically for you by the Software with a guest user name that you can customize. When creating your account or customizing your user name, you will need to create a password and may also need to provide an email address. Maintaining the confidentiality and security of your account information and password(s) is solely your responsibility. Loopycube reserves the right to suspend or terminate your user account(s) for any reason, including a suspected breach of security, improper conduct, or other reason at Loopycube’s sole discretion.
Loopycube does not guarantee that the Service will remain available or adequately operable. The Service may be discontinued at any time at Loopycube’s sole discretion and without any prior warning.
4. BACK-UP AND TRANSFER
Licensee may make copies of the Software solely for “back-up” purposes, as prescribed by Canadian, United States, and international copyright laws. Licensee must reproduce and include the copyright notice on the back-up copy. Licensee may transfer the Software to another party only if the other party agrees to the terms and conditions of the Agreement. Upon transferring the Software to another party, Licensee must terminate this Agreement by following the instructions in the “AGREEMENT TERMS” section below.
Licensee acknowledges that the Software, in source code form, remains a confidential trade secret of Loopycube and/or its suppliers and therefore Licensee agrees that it shall not modify, decompile, disassemble or reverse engineer the Software or attempt to do so. Licensee agrees to refrain from disclosing the Software to any person, firm or entity except as expressly permitted herein.
Licensee acknowledges that the communications protocols and formats between the Software and the Service are also confidential and that Licensee will not reverse engineer them attempt to do so.
Licensee may not Use, copy, modify, translate, or transfer the Software, license key, or any of the files included with the Software except as expressly defined in this agreement. Licensee may not attempt to unlock or bypass any “copy-protection”, licensing or authentication algorithm utilized by the Software or the Service. Licensee may not remove or modify any copyright notice, nor any “About” dialog or the method by which it may be invoked. Licensee may not rent or lease the Software. Violations will be prosecuted to the maximum extent possible under the law.
7. LIABILITY DISCLAIMER
The Software and the Service are provided as is, without any representations or warranties of any kind, either express or implied, including without limitation any representations or endorsements regarding the use of, the results of, or performance of the Software and Service, its appropriateness, accuracy, reliability, or correctness. The entire risk as to the use of this product is assumed by Licensee. Loopycube does not assume liability for the use of the Software and Service beyond its original purchase price. In no event will Loopycube be liable for additional direct or indirect damages including any lost profits, lost savings, or other special, incidental or consequential damages arising from any defects, or the use or inability to use the Software and Service, even if Loopycube has been advised of the possibility of such damages.
8. EXPORT LAW
Licensee acknowledges and agrees that the Software may be subject to export restrictions and controls. Licensee agrees and certifies that neither the Software is being or will be acquired, shipped, transferred, exported or re-exported, directly or indirectly, into any country prohibited by export restrictions and controls. Licensee bears all responsibility for export law compliance and will indemnify Loopycube against all claims based on Licensee’s exporting the Software.
9. AGREEMENT TERMS
This Agreement is effective until terminated. Licensee may terminate it by destroying or erasing Licensee’s copies of the Software, and by not using the Service. This Agreement will also terminate if Licensee fails to comply with any terms or conditions of this Agreement. Licensee agrees upon such termination to destroy or erase all Licensee’s copies of the Software and to not use the Service.
10. PARTIES BOUND
If Licensee is executing this Agreement on behalf of an entity, then Licensee represents he or she has the authority to execute this agreement on behalf of such entity.
The Software and Service may be incorporated into, and may incorporate, technology, software and services owned and controlled by third parties. Use of such third party software or services is subject to the terms and conditions of the applicable third party license agreements, and you agree to look solely to the applicable third party and not to Loopycube to enforce any of your rights in relation thereto.
The Software is Copyright ©2009-2010 Loopycube Software Inc., all rights reserved. The Software is protected by Canadian and United States copyright laws, international treaties and all other applicable national or international laws.
12. OTHER RIGHTS AND RESTRICTIONS
Except for the limited licenses granted herein, Loopycube retains exclusive ownership of all proprietary rights (including all ownership rights, title, and interest) in and to the Software. Licensee agrees not to represent that Loopycube is affiliated with Licensee without prior consent from Loopycube.
This Agreement shall be interpreted, construed, and enforced according to the laws of the Province of Quebec, Canada. In the event of any action under this Agreement, the parties agree that federal and provincial courts located in Montreal, Quebec will have exclusive jurisdiction and that a suit may only be brought in Montreal, Quebec and Licensee submits itself for the jurisdiction and venue of the provincial and federal courts located in Montreal, Quebec.
This Agreement constitutes the entire agreement and understanding of the parties and may be modified only in writing signed by both parties. No officer, salesman or agent has any authority to obligate Loopycube by any terms, stipulations or conditions not expressed in the Agreement.
If any portion of this Agreement is determined to be legally invalid or unenforceable, such portion will be severed from this Agreement and the remainder of the Agreement will continue to be fully enforceable and valid.