SUDOKUEND-USER LICENSE AGREEMENTGENERAL
THIS END USER LICENSE AGREEMENT ("EULA") IS A LEGAL AGREEMENT BETWEEN YOU AND MULTI-USER DIMENSIONS INC. READ IT CAREFULLY BEFORE COMPLETING THE DOWNLOAD AND INSTALLATION OF THE SOFTWARE. USING THE SOFTWARE PROVIDES A LICENSE TO USE THE SERVICES WITHIN AND CONTAINS WARRANTY INFORMATION AND LIABILITY DISCLAIMERS. BY INSTALLING AND USING THE SOFTWARE, YOU ARE CONFIRMING YOUR ACCEPTANCE OF THE SOFTWARE AND AGREEING TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, DO NOT INSTALL THE SOFTWARE AND RETURN THE SOFTWARE
a. "End User(s)" at all times means customer and user of the Services mentioned herein;
b. "EULA" means End User License Agreement;
c. "MUD" refers to Multi-User Dimensions Inc., its affiliates, brand names, trade names, and operating names under which it provides services;
d. "Software" means the executable code for the software, graphics, and other content and associated documentation (if any) downloaded by You for use;
e. "Intellectual Property" means the Software, design, concepts, trade secrets, and any pending or granted patents related to the Services;
f. "Content" refers to text, images, audio clips, video clips, and other materials accessed through the use of the Services.
g. "Handheld Product" refers to any type of communication device, generally, but not necessarily, of a handheld size, which is capable of running the Software.
2. Conditions of License
MUD hereby grants You a personal, non-exclusive, non-transferable right to install the Software on a Handheld Product and use the Software only on the Handheld Product on which You install the Software. The license grant is subject to You paying to MUD the license fees, if any, required to be paid for the use of the Software. It is agreed and understood by the End User that this EULA contains within it certain conditions of license for use of the Services by a single End User. It is further agreed and understood that such conditions are not exhaustive and that MUD may from time to time impose further conditions outside of this EULA.
3. Copyright Policy
The Software is protected by Canadian, US and international copyright laws. You may not copy, reproduce, distribute, modify or in any other manner duplicate the Software, in whole or in part, except to the extent that copying naturally results from the authorized use of the Software or results in the course of making regular back-ups of the Handheld Product on which the Software is installed.
4. Ownership and Proprietary Rights
Use of the Services under this EULA are provided by license only, and in no way whatsoever, can it be understood, inferred, or otherwise implied that use of the Services constitutes ownership of any kind by the End User of the underlying Software and Intellectual Property associated with the Services. For greater certainty, ownership of the underlying Software and Intellectual Property shall at all times be that of MUD. You acknowledge and agree that the Software may contain valuable trade secrets of MUD and/or licensors of MUD. You agree to hold such trade secrets in confidence and further agree not to remove any proprietary notices, labels or marks from the Software. Except to the extent that MUD is expressly precluded by law from prohibiting these activities, You shall not alter, modify, adapt, create derivative works, decompile, translate, decrypt, deconstruct, disassemble or otherwise attempt to reverse engineer the Software, or permit, authorize or encourage any other party to do the same. This Agreement does not transfer any Intellectual Property or other proprietary rights relating to the Software, including without limitation patents, designs, trademarks, copyright or trade secrets.
5. Limited Warranty and Disclaimer
THE SERVICES ARE PROVIDED“AS IS”AND WITHOUT ANY WARRANTIES OF ANY KIND. WITHOUT LIMITATION, MUD DOES NOT WARRANT THE PERFORMANCE, AVAILABILITY, UNINTERRUPTED USE OF OR OPERATION OF THE SERVICES, YOUR CONNECTION TO THE INTERNET, EQUIPMENT, OR ANY SOFTWARE PROVIDED BY MUD OR THEIR RESPECTIVE LICENSORS, DISTIBUTORS AND PARTNERS. YOU BEAR THE ENTIRE RISK AS TO USE OF THE SERVICES AND ANY SOFTWARE, AND THE AVAILABILITY, ACCURACY, RELIABILITY, TIMELINESS, QUALITY AND PERFORMANCE OF THE SERVICES, EQUIPMENT, AND ANY SOFTWARE AND THE RESULTS OBTAINED FROM USE OF THE SERVICES, EQUIPMENT AND ANY SOFTWARE.
6. Limitation of Liability
IN NO EVENT SHALL MUD, ITS AFFILIATES, SUPPLIERS, LICENSORS, PARTNERS, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS AND REPRESENTAITIVES, BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (I) THE USE OR INABILITY TO USE THE SERVICES OR THE CONTENT, MATERIALS, INFORMATION OR TRANSACTIONS PROVIDED ON OR THROUGH THE SITES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICES OR THE CONTENT, MATERIALS, INFORMATION, PRODUCTS, OR SERVICES ON OR AVAILABLE THROUGH THE USE OF RSS FEEDS, EVEN IF MUD OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You will indemnify and hold harmless MUD and each of its affiliates, licensors, suppliers and agents (and their respective employees, officers, directors and representatives) from and against any claims, actions, proceedings, suits, liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable legal fees and other litigation expenses) incurred by MUD or each of its affiliates, licensors, suppliers or agents relating to: (a) your breach of any term, condition, representation or warranty of this Agreement or any applicable policy or guideline; (b) your use of or inability to use the Services; (c) any content, including personal content, or software submitted, displayed, posted or distributed by you using the Services; or (d) your violation, alleged violation or misappropriation of any intellectual property right or non-proprietary right of a third party.
Any notice or other communication required by this EULA may be in writing or delivered electronically BY EMAIL to MUD or the End User as applicable. Notices delivered will be effective on the date of such delivery.