TERMS OF SERVICE AND END USER LICENSE AGREEMENT (“EULA”)
Applicable from: May 2013.
The following terms of service and end user license agreement (“EULA”) constitute an agreement between you and FunEasyLearn (“FunEasyLearn”). This EULA governs your use of Software and Services (as specified below).
For purposes of this EULA “Software” means all software programs distributed, published or otherwise made available by FunEasyLearn including, but not limited to mobile games, downloadable/installable games for personal computer, and 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 FunEasyLearn, including but not limited to services accessed through mobile games, by means of a browser or by other online communication method.
Software and Services are collectively referred to as “FunEasyLearn 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 EULA. BY INSTALLING, USING OR ACCESSING THE FUNEASYLEARN SERVICES OR ANY MATERIALS INCLUDED IN OR WITH THE FUNEASYLEARN SERVICES, YOU HEREBY ACCEPT THE TERMS OF THIS EULA.
If you do not accept the terms of this EULA, do not install, use or access the FunEasyLearn Services.
SOFTWARE LICENSE. Subject to this EULA and its terms and conditions, FunEasyLearn 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 gameplay on a single computer or gaming unit, unless otherwise specified in the Software documentation. The rights granted herein are subject to your compliance with this EULA. 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 EULA is not to be construed as a sale of any rights in the Software.
SERVICE LICENSE. Subject to this EULA and its terms and conditions, FunEasyLearn hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited right and license to use the Services as provided by FunEasyLearn, for your personal non-commercial use, in the manner permitted by this EULA. The rights granted herein are subject to your compliance with this EULA.
LICENSE TERM. The term of your licenses under this EULA shall commence on the date that you accept this EULA 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 FunEasyLearn’s termination of this EULA. 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 EULA.
OWNERSHIP; NO OTHER LICENSES. FunEasyLearn retains all right, title and interest in and to the FunEasyLearn Services, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, audiovisual effects, themes, dialog, settings, artwork, sound effects, musical works, and moral rights whether registered or not and all applications thereof. The FunEasyLearn Services are protected by applicable laws and treaties throughout the world. Unless expressly authorized by mandatory legislation, the FunEasyLearn Services may not be copied, reproduced or distributed in any manner or medium, in whole or in part, without prior written consent from FunEasyLearn. All rights not expressly granted to you herein are reserved by FunEasyLearn.
2 THIRD PARTY SERVICES
FunEasyLearn Services may include links to third party services and/or the third party services may be made available to you via FunEasyLearn Services. These services may include, but are not limited to gameplay recording and sharing, social medial connectivity and the like. These services are subject to respective third party terms and conditions. Please study these third party terms and conditions carefully as they constitute an agreement between you and the applicable third party service provider.
3 GENERAL LICENSE CONDITIONS
You agree not to: (i) commercially exploit the FunEasyLearn Services; (ii) distribute, lease, license, sell, rent, lend, convey or otherwise transfer or assign the FunEasyLearn Services, any copies thereof, without the express prior written consent of FunEasyLearn or as set forth in this EULA; (iii) make a copy of the FunEasyLearn Services or any part thereof, including but not limited to Software (other than as set forth herein); (iv) use or copy the FunEasyLearn Services at a computer gaming center or any other location-based site; provided, that FunEasyLearn may offer you a separate site license agreement to make the FunEasyLearn Services available for commercial use; (v) reverse engineer, decompile, disassemble, translate, prepare derivative works based on or otherwise modify the FunEasyLearn Services, in whole or in part; (vi) remove, obscure or modify any copyright, trademark or other proprietary rights notices, marks or labels contained on or within the FunEasyLearn Services, falsify or delete any author attributions, legal notices or other labels of the origin or source of the material; (vii) misrepresent the source of ownership of the FunEasyLearn Services; (viii) transport, export or re-export (directly or indirectly) into any country forbidden to receive such FunEasyLearn Services by any U.S. or other export laws or accompanying regulations or otherwise violate such laws or regulations, that may be amended from time to time; or (ix) scrape, build databases or otherwise create permanent copies of content returned from the FunEasyLearn 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 the recipient agrees to the terms of this EULA. The Software is intended for private use only.
The FunEasyLearn Services may include measures to control access to the FunEasyLearn Service, prevent unauthorized copies, or otherwise attempt to prevent anyone from exceeding the limited rights and licenses granted under this EULA. Only FunEasyLearn 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 FunEasyLearn Services will not function properly.
The FunEasyLearn Services may allow you to create content, including but not limited to gameplay maps, screenshots or a video of your game play. In exchange for use of the FunEasyLearn Services, and to the extent that your contributions through use of the FunEasyLearn Services give rise to any copyright, design right or any other intellectual or industrial property right you hereby grant FunEasyLearn 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 FunEasyLearn’s and other players’ use and enjoyment of such assets in connection with the FunEasyLearn Services and related goods and services under applicable law. This license grant to FunEasyLearn, and the above waiver of any applicable moral rights, survives any termination of this EULA.
The FunEasyLearn Services may require an internet connection to access the FunEasyLearn Services or its internet-based features, authenticate the Software, or perform other functions. In order for certain features of the FunEasyLearn 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 FunEasyLearn Services. By using the FunEasyLearn 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 FunEasyLearn Services or certain features of the FunEasyLearn Services may not operate or may cease to function properly, either in whole or in part.
By installing, accessing or using the FunEasyLearn 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.
5. NO WARRANTIES
THE FUNEASYLEARN 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. FUNEASYLEARN, FUNEASYLEARN’S LICENSORS AND CHANNEL PARTNERS DO 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. FUNEASYLEARN, FUNEASYLEARN’S LICENSORS AND CHANNEL PARTNERS DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE; THAT THE FUNEASYLEARN SERVICES WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE FUNEASYLEARN SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE FUNEASYLEARN SERVICES WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER FUNEASYLEARN SERVICES OR THAT ANY ERRORS IN THE FUNEASYLEARN SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY FUNEASYLEARN, FUNEASYLEARN’S LICENSORS AND CHANNEL PARTNERS 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.
6 LIMITATION OF LIABILITY
IN NO EVENT WILL FUNEASYLEARN, FUNEASYLEARN’S AFFILIATES, FUNEASYLEARN’S LICENSORS OR CHANNEL PARTNERS BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, ACCESS, USE OR MALFUNCTION OF THE FUNEASYLEARN 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 EULA OR THE SOFTWARE, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE AND WHETHER OR NOT FUNEASYLEARN, FUNEASYLEARN’S LICENSORS OR CHANNEL PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FOR PURPOSES OF THIS SECTION 7, FUNEASYLEARN’S LICENSORS AND CHANNEL PARTNERS ARE THIRD PARTY BENEFICIARIES TO THE LIMITATIONS OF LIABILITY SPECIFIED HEREIN AND THEY MAY ENFORCE THIS EULA AGAINST YOU.
BECAUSE 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. THIS LIMITATION OF LIABILITY SHALL NOT BE APPLICABLE SOLELY TO THE EXTENT THAT ANY SPECIFIC PROVISION OF THIS LIMITATION OF LIABILITY IS PROHIBITED BY ANY FEDERAL, STATE, OR MUNICIPAL LAW, WHICH CANNOT BE PRE-EMPTED. THIS EULA GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
IN NO EVENT SHALL FUNEASYLEARN’S, FUNEASYLEARN’S AFFILIATES’, FUNEASYLEARN’S LICENSORS’ OR CHANNEL PARTNERS’ LIABILITY FOR ALL DAMAGES (EXCEPT AS REQUIRED BY APPLICABLE LAW) EXCEED THE ACTUAL PRICE PAID BY YOU FOR USE OF THE FUNEASYLEARN SERVICES.
7 OTHER TERMS AND CONDITIONS
TERMINATION: This EULA 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 FunEasyLearn Services. With regards to Software delivered on a physical storage medium you can end this EULA 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 on which it has been installed.
EQUITABLE REMEDIES: You hereby agree that if the terms of this EULA are not specifically observed, FunEasyLearn will be irreparably damaged, and therefore you agree that FunEasyLearn 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 EULA, in addition to any other available remedies.
MISCELLANEOUS: This EULA represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them. FunEasyLearn reserves the right, at its discretion, to change, modify, add or remove portions of this EULA by posting the updated EULA on FunEasyLearn’s website. You will be deemed to have accepted such changes by continuing to use the FunEasyLearn Services. If any provision of this EULA 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 EULA shall not be affected.
IF YOU HAVE ANY QUESTIONS CONCERNING THIS AGREEMENT, YOU MAY CONTACT support@FunEasyLearn.com.