LIMITED WARRANTY AND LICENSE AGREEMENT
THE PRODUCT IS LICENSED, NOT SOLD. YOUR USE OF THE SOFTWARE (AS SPECIFIED BELOW) IS SUBJECT TO THIS LIMITED WARRANTY AND LICENSE AGREEMENT FOR END USERS AND THE TERMS AND CONDITIONS SET FORTH BELOW (“AGREEMENT”).
For purposes of this License Agreement “Products” means all Product programs, games, applications developed, produced and created by Fuzzy Logic and services made available by Fuzzy Logic, its subsidiaries and affiliates including, but not limited to mobile games, downloadable/installable games for personal computer, and games and services accessed by means of a browser or other online communication method, Product programmes and applications developed, produced and created by Fuzzy Logic which you choose to install. (Product (including applications) also includes updates and upgrades as well as accompanying manual(s), packaging and other written, files, electronic or online materials or documentation, and any and all copies of such Product and its materials.)
BY INSTALLING, USING OR ACCESSING THE PRODUCT OR ANY MATERIALS INCLUDED WITH THE PRODUCT, YOU HEREBY ACCEPT THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL, USE OR ACCESS THE PRODUCT.
Subject to this Agreement and its terms and conditions, Fuzzy Logic hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited right and license to use one copy of the Product for your personal non-commercial use, unless otherwise specified in the Product documentation. Your acquired rights are subject to your compliance with this Agreement.
This agreement shall come into effect on installation of this product and shall remain in force for as long as you have the Product installed. This Agreement will terminate automatically if you fail to comply with its terms and conditions.
EFFECT OF TERMINATION:
This Agreement will terminate automatically if you fail to comply with its terms and conditions. In such event, you must destroy all copies of the Product and all of its component parts and cease and desist from accessing any service components of the Product. With regards to Product delivered on a physical storage medium you can end this Agreement by destroying the Product and all copies and reproductions of the Product and deleting and permanently purging the Product from any client server or computer on which it has been installed.
Fuzzy Logic retains all right, title and interest to the Product, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, audiovisual effects, themes, characters, character names, stories, dialog, settings, artwork, sound effects, musical works, and moral rights whether registered or not and all applications or modifications thereof. Unless expressly authorized by mandatory legislation, the Product may not be copied, reproduced or distributed in any manner or medium, in whole or in part, without prior written consent from Fuzzy Logic. All rights not expressly granted to you herein are reserved by Fuzzy Logic.
You agree not to:
- commercially exploit the Product;
- distribute, lease, license, sell, rent, lend, convey or otherwise transfer or assign the Product, any passwords or usernames or any copies of the Product, without the express prior written consent of Licensor or as set forth in this Agreement;
- make a copy of the Product or any part thereof (other than as set forth herein);
- make a copy of the Product publicly available or available on a network for use or download by multiple users;
- except as otherwise specifically provided by the Product or this Agreement, use or install the Product (or permit others to do same) on a network, for online use, or on more than one computer or gaming unit at the same time;
- use or copy the Product at a computer gaming center or any other location-based site; provided, that Licensor may offer you a separate site license agreement to make the Product available for commercial use;
- reverse engineer, decompile, disassemble, translate, prepare derivative works based on or otherwise modify the Product, in whole or in part;
- remove, obscure or modify any copyright, trademark or other proprietary rights notices, marks or labels contained on or within the Product, falsify or delete any author attributions, legal notices or other labels of the origin or source of the material;
- misrepresent the source of ownership of the Product;
- transport, export or re-export (directly or indirectly) into any country forbidden to receive such Product by any South African or other export laws or accompanying regulations or otherwise violate such laws or regulations, that may be amended from time to time; or
- scrape, build databases or otherwise create permanent copies of content returned from the Product.
The Product may include measures to control access to the Product, prevent unauthorized copies, or otherwise attempt to prevent anyone from exceeding the limited rights and licenses granted under this Agreement. Only Products subject to a valid license can be used to access online services, and download updates and patches. You may not interfere with such access control measures or attempt to disable or circumvent such security features. If you disable or otherwise tamper with the technical protection measures, the Product will not function properly.
In exchange for use of the Product, and to the extent that your contributions through use of the Product give rise to any copyright, design right or any other intellectual or industrial property right you hereby grant Fuzzy Logic an exclusive, perpetual, irrevocable, fully transferable and sub-licensable worldwide right and license to use your contributions in any way and for any purpose including, but not limited to the rights to reproduce, copy, adapt, modify, perform, display, publish, broadcast, transmit, or otherwise communicate to the public by any means whether now known or unknown and distribute your contributions without any further notice or compensation to you of any kind for the whole duration of protection granted to intellectual and industrial property rights by applicable laws and international conventions. If not expressly prohibited by mandatory legislation, you hereby waive any moral rights of publication, reputation, or attribution with respect to Licensor’s and other players’ use and enjoyment of such assets in connection with the Product and related goods and services under applicable law. This license grants to Fuzzy Logic, and the above waiver of any applicable moral rights, survives any termination of this License.
The Product may require an internet connection to access the Product or it’s internet-based features, authenticate the Product, or perform other functions. In order for certain features of the Product to operate properly, you may be required to have and maintain:
(i) an adequate internet connection and/or
(ii) a valid and active account with an online service as set forth in the Product documentation.
If you do not maintain such accounts, then the Product or certain features of the Product may not operate or may cease to function properly, either in whole or in part.
For purposes of this paragraph, the following definitions shall have to the following meanings:
- “ECTA” means the Electronic Communications and Transactions Act, 25 of 2002, enacted by the Republic of South Africa;
- “PAIA” means the Promotion of and Access to Information Act, 2 of 2000, enacted by the Republic of South Africa;
- “personal information” means personal information as defined in PAIA and ECTA;
- “incidental information” means all the information collected by us on this website including and not limited to personal information.
It is recorded that Fuzzy Logic receives incidental information from you when you access this Product.
By using the Product, Fuzzy Logic collects, uses and stores certain of your personal information.
You acknowledge and consent that Fuzzy Logic may use your personal information collected by it by you using the Product in terms of Section 51 of ECTA, to –
- contact you, whether it be by electronic mail, telephone, traditional post or otherwise;
- validate you as a person who we wish to do business with;
- to prevent, detect and combat, phishing, fraud, any other criminal activity or any unlawful conduct;
- prevent damage to any of our property; and
- contact you about Fuzzy Logic’s offers and services that it may provide.
By installing, accessing or using the Product, you consent to these information collection and usage terms, including (where applicable) the transfer of data into a country outside of the Republic of South Africa.
Fuzzy Logic respects your privacy rights and recognizes the importance of protecting any information collected about you, as such we shall not share your personal information willingly.
You understand that any communications or information on the internet can be intercepted.
You understand that by its very nature, the internet is not a secure platform and therefore you understand that we cannot ensure privacy and therefore take no responsibility therefore.
You agree that we will not be held responsible for any damages that you, your employees, your agents or any other third parties, may suffer as a result of any information, be it confidential, or otherwise which you have made available to us through the medium of the internet, including any errors or changes which are made to or about the information, which arise through circumstances beyond our control.
You agree that we are not under any obligation, other than the obligations under ECTA, to protect or store any information.
You agree that we may intercept, block, read, delete, disclose and/or use all communications and/or information sent to us, subject of course to the provisions of the Regulation of Interception of Communications Act, 70 of 2002 and you expressly hereby agree that your consent to do so, satisfies the requirements of ECTA and the aforesaid Act in writing.
LIMITATION OF LIABILITY
In no event will Fuzzy Logic, its subsidiaries or any of its affiliates be liable for special, incidental or consequential damages resulting from possession, access, use or malfunction of the Product, including but not limited to, damages to property, loss of goodwill, computer failure or malfunction and, to the extent permitted by law, damages for personal injuries, property damage, lost profits or data or punitive damages from any causes of action arising out of or related to this Agreement or the Product, whether arising in delict (including negligence), contract, strict liability or otherwise and whether or not Fuzzy Logic, its subsidiaries or any of its affiliates have been advised of the possibility of such damages. For purposes of this section, Fuzzy Logic’s, subsidiaries and its affiliates are third party beneficiaries to the limitations of liability specified herein and they may enforce this agreement against you. As some states/countries do not allow certain limitations of liability, this limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. In no event shall licensor’s, subsidiaries or affiliates liability for all damages (except as required by applicable law) exceed the actual price paid by you for use of the Product.
You agree to indemnify, defend and hold Fuzzy Logic, its subsidiaries, partners, affiliates, contractors, officers, directors, employees and agents harmless from and against any and all damages, losses and expenses arising directly or indirectly from:
- your acts and omissions to act in using the Product pursuant to the terms of the Agreement; or
- your breach of this Agreement.
Fuzzy Logic records that it does not moderate content generated by you and you indemnify and hold Fuzzy Logic harmless in terms of this clause for any content generated or viewed by you.
You hereby agree that if the terms of this Agreement are not specifically enforced, Fuzzy Logic will be irreparably damaged, and therefore you agree that Fuzzy Logic shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to your breach of any of the terms of this Agreement including but not limited to interdicts of urgent relief, in addition to any other available remedies.
This Agreement represents the complete Agreement concerning this license between the parties and supersedes all prior agreements and representations between them. It may be amended only by a written document executed by both parties. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the remaining provisions of this Agreement shall not be affected.
You agree to abide by the terms and conditions generally enforced and/or made applicable by Android and/or Apple for any in-Product purchases and agree to incorporate the terms thereof by reference.
You agree that you were free to obtain professional advice before agreeing to these conditions and/or installing the Product. By installing the Product, you agree and confirm that you have either received such advice or have dispensed with the necessity to receive same. Fuzzy Logic will not be held liable for the costs of any advice that you seek.
You agree that Fuzzy Logic provides software which you open when installing the Product, you therefore do not enjoy a “cooling-off” right as contemplated in Section 44 of ECTA.
COMPLIANCE WITH RELEVANT LAWS AND LEGISLATION
This Agreement and the interpretation thereof, will be subject to the laws of the Republic of South Africa. The parties to this agreement undertake to use their best endeavors in exercising their rights and fulfilling their obligations in terms of this agreement and to comply with all the applicable provisions and relevant legislation, which are enacted and amended from time to time.
Each party indemnifies and holds the other harmless against the consequences of their non- compliance with the applicable provisions or any legislation and/or applicable laws. This
This agreement is subject to the jurisdiction of a competent court in the Republic of South Africa.
You shall not be entitled to cede, assign or transfer any of its rights or obligations under this agreement to any other person without the prior written consent of Fuzzy Logic, which consent shall not be unreasonably withheld.
IF YOU HAVE ANY QUERIES OR QUESTIONS PERTAINING TO THIS LICENSE AGREEMENT, FEEL FREE TO CONTACT firstname.lastname@example.org