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TERMS OF SERVICE AND USER LICENSE AGREEMENT (“ULA”)
Effective From: 15 March 2013
The following terms of service and user license agreement (“ULA”) constitute an agreement between you and RKNet Studios (“RKNet”). This ULA governs your use of Software and Services (as specified below).
For purposes of this ULA “Software” means all software programs made available by RKNet including, but not limited to Cognitions Bridge mobile apps/games, downloadable/installable apps/games for personal computer, and apps/games accessed by means of a browser or other online communication method. Software also includes updates and upgrades as well as accompanying manual(s), packaging and other written, files, electronic or on-line materials or documentation, and any and all copies of such software and its materials.
“Services” means all services made available by RKNet, including but not limited to services accessed through Cognitions Bridge mobile apps/games, by means of a browser or by other online communication method.
Software and Services are collectively referred to as “RKNet Services”.
THE SOFTWARE IS LICENSED, NOT SOLD. YOUR USE OF THE SOFTWARE (AS SPECIFIED BELOW) IS SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN THIS ULA. BY INSTALLING, USING OR ACCESSING THE RKNET SERVICES OR ANY MATERIALS INCLUDED IN OR WITH THE RKNET SERVICES, YOU HEREBY ACCEPT THE TERMS OF THIS ULA. If you do not accept the terms of this ULA, please do not install, use or access the RKNet Services.
1. LICENSES
SOFTWARE LICENSE: Subject to this ULA and its terms and conditions, RKNet hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited right and license to use one copy of the Software for your personal non-commercial use for game play on a single computer, mobile device or gaming unit, unless otherwise specified in the Software documentation. The rights granted herein are subject to your compliance with this ULA. The Software is being licensed to you and you hereby acknowledge that no title or ownership in the Software is being transferred or assigned and this ULA is not to be construed as a sale of any rights in the Software.
SERVICE LICENSE: Subject to this ULA and its terms and conditions, RKNet hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited right and license to use the Services as provided by RKNet, for your personal non-commercial use, in the manner permitted by this ULA. The rights granted herein are subject to your compliance with this ULA.
LICENSE TERM: The term of your licenses under this ULA shall commence on the date that you accept this ULA and install or otherwise use the Software and/or Services and ends on the earlier date of either your disposal of the Software and/or Services or RKNet’s termination of this ULA. Your license terminates immediately if you attempt to circumvent any technical protection measures used in connection with the Software and/or Services or you otherwise use the Software and/or Services in breach of the terms of this ULA.
OWNERSHIP: RKNet retains all rights, titles and interest in and to Cognitions Bridge and the RKNet Services, 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 thereof. The Cognitions Bridge Apps/Games and RKNet Services are protected by applicable US laws and treaties throughout the world. Unless expressly authorized by mandatory legislation, the Cognitions Bridge and RKNet Services may not be copied, reproduced or distributed in any manner or medium, in whole or in part, without prior written consent from RKNet. All rights not expressly granted to you herein are reserved by RKNet.
2. GENERAL LICENSE CONDITIONS
You agree not to: (i) commercially exploit the RKNet Services; (ii) distribute, lease, license, sell, rent, lend, convey or otherwise transfer or assign the RKNet Services, any copies thereof, or any passwords or usernames of RKNet Services, without the express prior written consent of RKNet or as set forth in this ULA; (iii) make a copy of the RKNet Services or any part thereof, including but not limited to Software (other than as set forth herein); (iv) make the RKNet Services publicly available or available on a network for use or download by multiple users; (v) except as otherwise specifically provided by the RKNet Services or this ULA, use or install the RKNet Services (or permit others to do same) on a network, for on-line use, or on more than one computer, mobile device or gaming unit at the same time; (vi) use or copy the RKNet Services at a computer gaming center or any other location-based site; provided, that RKNet may offer you a separate site license agreement to make the RKNet Services available for commercial use; (vii) reverse engineer, decompile, disassemble, translate, prepare derivative works based on or otherwise modify the RKNet Services, in whole or in part; (viii) remove, obscure or modify any copyright, trademark or other proprietary rights notices, marks or labels contained on or within the RKNet Services, falsify or delete any author attributions, legal notices or other labels of the origin or source of the material; (ix) misrepresent the source of ownership of the RKNet Services; (x) transport, export or re-export (directly or indirectly) into any country forbidden to receive such RKNet Services by any US or other export laws or accompanying regulations or otherwise violate such laws or regulations, that may be amended from time to time; or (xi) scrape, build databases or otherwise create permanent copies of content returned from the RKNet Services.
However, with regards to installable Software that was delivered on a physical storage medium, you may transfer the entire Software and accompanying documentation on a permanent basis to another person as long as you retain no copies (including archival or backup copies) of the Software, accompanying documentation, or any portion or component of the Software accompanying documentation, and the recipient agrees to the terms of this ULA. The Software is intended for private use only.
The RKNet Services may include measures to control access to the Cognitions Bridge Apps/Games and Services, prevent unauthorized copies, or otherwise attempt to prevent anyone from exceeding the limited rights and licenses granted under this ULA. Only Cognitions Bridge and RKNet Services 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 Cognitions Bridge and RKNet Services will not function properly.
The Cognitions Bridge and RKNet Services may allow you to create content, including but not limited to app/game play maps, screenshots or a video of your app/game play. In exchange for use of the RKNet Services, and to the extent that your contributions through use of the RKNet Services give rise to any copyright, design right or any other intellectual or industrial property right you hereby grant RKNet an exclusive, royalty-free, 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 paternity, publication, reputation, or attribution with respect to RKNet’s and other players’ use and enjoyment of such assets in connection with the RKNet Services and related goods and services under applicable law. This license grant to RKNet, and the above waiver of any applicable moral rights, survives any termination of this ULA.
The Cognitions Bridge and RKNet Services may require an internet connection to access the Apps/Games and Services or its internet-based features, authenticate the Software, or perform other functions. In order for certain features of the RKNet Services to operate properly, you may be required to have and maintain (a) an adequate internet connection and/or (b) a valid and active account with an online service as set forth in the documentation related to RKNet Services. By using the RKNet Services, you acknowledge and agree that third party data transfer fees may apply depending on your data plan. Please consult your carrier for further information. If you do not maintain such accounts, then the RKNet Services or certain features of the RKNet Services may not operate or may cease to function properly, either in whole or in part.
3. INFORMATION COLLECTION AND USE; PRIVACY POLICY
By installing, accessing or using the Cognitions Bridge and RKNet Services, you consent to these information collection and usage terms, including (where applicable) the transfer of data into a country outside of the European Union and/or the European Economic Area or the United States of America.
RKNet respects your privacy rights and recognizes the importance of protecting any information collected about you. RKNet’s privacy policy as amended from time to time is available at www.cognitionsbridge.com/privacy (“Privacy Policy”) and applicable to this ULA. RKNet’s Privacy Policy defines how, why and to which extent Cognitions Bridge and RKNet collects and uses personal and non-personal information in relation to RKNet Products and Services. By installing, accessing or using the RKNet Services you explicitly agree with the terms and conditions of RKNet Privacy Policy and to any terms and conditions included therein by reference.
4. WARRANTY
4.1 Warranty for Physical Software Products: RKNet warrants to you (if you are the initial and original purchaser of the Software) that, to the extent the Software is made available to you on a physical storage medium, the original storage medium holding the Software is free from defects in material and workmanship under normal use and service for one year from the date of purchase. If for any reason you find a defect in the physical storage medium during the warranty period, RKNet agrees to replace, free of charge, any physical storage medium and related Software discovered to be defective within the warranty period as long as the Software is currently commercially distributed by RKNet. If the Software is no longer available, RKNet retains the right to substitute a similar piece of Software of equal or greater value. This warranty is limited to the physical storage medium and the Software as originally provided by RKNet and is not applicable to normal wear and tear. This warranty shall not be applicable and shall be void if the defect has arisen through abuse, mistreatment, or neglect. Any implied warranties prescribed by statute are expressly limited to the warranty period described above. When returning the Software subject to the limited warranty above, please send the original Software only to the RKNet address specified below and include: your name and return address; a photocopy of your dated sales receipt; and a brief note describing the defect and the system on which you are running the Software.
4.2 No other Warranties: NOTWITHSTANDING THE ABOVEMENTIONED WARRANTY FOR PHYSICAL STORAGE MEDIUM SPECIFIED IN SECTION 4.1 ABOVE, AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE RKNET SERVICES ARE PROVIDED TO YOU “AS IS,” WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. RKNET DOES NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, ACCURACY OF DATA (INCLUDING BUT NOT LIMITED TO LOCATION DATA), MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.
RKNET DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE; THAT THE RKNET SERVICES WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE RKNET SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE RKNET SERVICES WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER RKNET SERVICES OR THAT ANY ERRORS IN THE RKNET SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY RKNET OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS APPLY ONLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
5. LIMITATION OF LIABILITY
IN NO EVENT WILL RKNET BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, ACCESS, USE OR MALFUNCTION OF THE COGNITIONS BRIDGE AND RKNET SERVICES, 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 PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS ULA OR THE SOFTWARE, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE AND WHETHER OR NOT RKNET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL RKNET’S LIABILITY FOR ALL DAMAGES (EXCEPT AS REQUIRED BY APPLICABLE LAW) EXCEED THE ACTUAL PRICE PAID BY YOU FOR USE OF THE COGNITIONS BRIDGE APPS/GAMES AND RKNET SOFTWARE.
6. OTHER TERMS AND CONDITIONS TERMINATION: This ULA will terminate automatically if you fail to comply with its terms and conditions. In such event, you must destroy all copies of the Software and all of its component parts and cease and desist from accessing any RKNET Services. With regards to Software delivered on a physical storage medium you can end this ULA by destroying the Software and all copies and reproductions of the Software and deleting and permanently purging the Software from any client server or computer or mobile device on which it has been installed.
7. EQUITABLE REMEDIES: You hereby agree that if the terms of this ULA are not specifically observed, RKNet will be irreparably damaged, and therefore you agree that RKNet 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 ULA, in addition to any other available remedies.
8. INDEMNITY: You agree to indemnify, defend and hold RKNet, its partners, affiliates, contractors, officers, directors, employees and agents harmless from and against any and all damages, losses and expenses arising directly or indirectly from: (i) your acts and omissions to act in using the Cognitions Bridge and RKNE Services pursuant to the terms of the ULA; or (ii) your breach of this ULA.
9. MISCELLANEOUS: This ULA 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 ULA 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 ULA shall not be affected.
10. GOVERNING LAW AND DISPUTE RESOLUTION. This ULA will be governed by the laws of United States of America without reference to its choice of law rules. The United Nations Convention for the International Sale of Goods shall not apply. Any dispute, controversy or claim arising out of or relating to this ULA or the breach, termination or validity thereof shall be finally settled at RKNet discretion (i) at your domicile’s competent courts; or (ii) by arbitration in accordance with the United States Federal Arbitration Act. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST RKNET ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
IF YOU HAVE ANY QUESTIONS CONCERNING THIS AGREEMENT, YOU MAY CONTACT support@cognitionsbridge.com
