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Software End User License Agreement
NOTICE TO USER: PLEASE READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY
BEFORE USING THE SOFTWARE. IN ORDER TO PLAY ANY GamBunny Global Sdn Bhd ("GamBunny")
GAME FROM A PARTICULAR COMPUTER FOR THE FIRST TIME YOU HAVE TO INSTALL CERTAIN GAMBUNNY
SOFTWARE. BY INSTALLING, USING, COPYING OR DISTRIBUTING ALL OR ANY PORTION OF THE
SOFTWARE (DEFINED BELOW) DISTRIBUTED THROUGH THE WEB SITE WWW.GAMBUNNY.COM OR OTHERWISE
DISTRIBUTED BY GAMBUNNY, YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS END USER
LICENSE AGREEMENT ("AGREEMENT"), INCLUDING, IN PARTICULAR THE LIMITATIONS
ON: USE CONTAINED IN SECTION 2; TRANSFERABILITY IN SECTION 4; WARRANTY IN SECTION
9; AND LIABILITY IN SECTION 10. YOU AGREE THAT THIS AGREEMENT IS A LEGAL AND ENFORCEABLE
CONTRACT BETWEEN YOU AND GAMBUNNY. THIS AGREEMENT IS ENFORCEABLE AGAINST YOU AND
ANY LEGAL ENTITY THAT OBTAINED THE SOFTWARE AND ON WHOSE BEHALF IT IS USED. IF YOU
DO NOT AGREE, DO NOT USE THIS SOFTWARE.
GamBunny and its licensors (collectively, the "Licensor") own all intellectual
property in the Software. Licensor permits you to Use (as defined below) the Software
only in accordance with the terms of this Agreement. Use of some third-party materials
included in the Software may be subject to other terms and conditions typically
found in a separate license agreement. This Agreement incorporates the Terms of
Service available at www.gambunny.com or any affiliated site.
1. Definitions.
"Software" means (a) all of the contents of the files (provided either
by electronic download, on physical media or any other method of distribution),
disk(s), CD-ROM(s) or other media as applicable with which this Agreement is provided,
including but not limited to (i) Licensor or third party computer information or
software; (ii) related explanatory written materials, files or web pages ("Documentation");
and (iii) fonts; and (b) upgrades, modified versions, updates, additions, and copies
of the Software, if any, licensed to you by Licensor (collectively, "Updates").
"Use" or "Using" means to access, install, download, copy, or
otherwise benefit from using the functionality of the Software in accordance with
the Documentation. "Computer" means an electronic device that accepts
information in digital or similar form and manipulates it for a specific result
based on a sequence of instructions.
2. Software License.
Subject to your compliance with the terms of this Agreement, including the restrictions
in Section 3, Licensor grants to you a non-exclusive license to Use the Software
for the purposes described as follows.
A. General Use.
You may install and Use a copy of the Software on one or more compatible Computers
under your legitimate control, exclusively for non-commercial entertainment purpose
only.
B. No Modification.
You may not modify, adapt, translate or create derivative works based upon the Software.
You may not reverse engineer, decompile, disassemble or otherwise attempt to discover
the source code of the Software except to the extent you may be expressly permitted
to decompile under applicable law, only if it is essential to do so in order to
achieve operability of the Software with another software program, and you have
first requested Licensor to provide the information necessary to achieve such operability
and Licensor has not made such information available. Licensor has the right to
impose reasonable conditions and to request a reasonable fee before providing such
information. Any such information supplied by Licensor and any information obtained
by you by such permitted recompilation may only be used by you for the purpose described
herein and may not be disclosed to any third party or used to create any software
which is substantially similar to the expression of the Software.
C. Third-Party Website Access.
The Software may allow you to access third party websites ("Third Party Sites").
Your access to and use of any Third Party Sites, including any goods, services or
information made available from such sites, is governed by the terms and conditions
found at each Third Party Site, if any. Third Party Sites are not owned or operated
by Licensor. YOUR USE OF THIRD PARTY SITES IS AT YOUR OWN RISK. LICENSOR MAKES NO
WARRANTIES, CONDITIONS, INDEMNITIES, REPRESENTATIONS OR TERMS, EXPRESS OR IMPLIED,
WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE AS TO ANY OTHER MATTERS,
INCLUDING BUT NOT LIMITED TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, INTEGRATION,
ACCURACY, SECURITY, AVAILABILITY, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS
FOR ANY PARTICULAR PURPOSE WITH RESPECT TO THE THIRD PARTY SITES.
3. Restrictions.
You agree that you shall not, under any circumstances,
A. sell, grant a security interest in or transfer reproductions of the Software
to other parties in any way not expressly authorized herein, nor shall you rent,
lease or license the Software to others;
B. exploit the Software or any of its parts for any commercial purpose, including
without limitation use at a cyber cafe, computer gaming center or any other location-based
site without the express written consent of Licensor;
C. host, provide or develop matchmaking services for the Software or intercept,
emulate or redirect the communication protocols used by Licensor in any way, including
without limitation through protocol emulation, tunneling, packet sniffing, modifying
or adding components to the Software, use of a utility program or any other techniques
now known or hereafter developed, for any purpose, including without limitation
unauthorized network play over the Internet, network play utilizing commercial or
non-commercial gaming networks, or as part of content aggregation networks; or
D. facilitate, create or maintain any unauthorized connection to the Software or
the Site, including without limitation any connection to any unauthorized server
that emulates, or attempts to emulate, the Software or the Site. All connections
to the Software and/or the Site, whether created by the game client or by other
tools and utilities, may only be made through methods and means expressly approved
by Licensor. Under no circumstances may you connect, or create tools that allow
you or others to connect, to the Software 's proprietary interface other than
those expressly provided by Licensor for public use.
4. Transfer.
You may rent, lease, sublicense, assign or transfer your rights in the Software,
or authorize all or any portion of the Software to be copied onto another user's
Computer only if you also transfer (a) this Agreement, and (b) the Software and
all other software or hardware bundled or pre-installed with the Software, including
all copies, Updates and prior versions, to such person or entity.
5. Intellectual Property Ownership, Copyright Protection.
The Software and any authorized copies that you make are the intellectual property
of and are owned by Licensor. The structure, organization and code of the Software
are the valuable trade secrets and confidential information of Licensor. The Software
is protected by law, including without limitation the copyright laws of the United
States and other countries, and by international treaty provisions. Except as expressly
stated herein, this Agreement does not grant you any intellectual property rights
in the Software and all rights not expressly granted are reserved by Licensor.
6. Updates.
The function of Software may only work smoothly when you agree to use an Update
and/or in fact install an Update to a previous version of the Software. Any obligation
Licensor may have to support the previous versions of the Software may be ended
upon availability of the Update.
7. Consent to Monitor.
The Software may communicate your computer's information including but not limited
to hardware capacity, patches and modification information, and any unauthorized
third-party program running with the Software back to Licensor in order to assist
users' uninterrupted game play. An unauthorized third-party program as used
herein shall be defined as any third party software, including without limitation
any add on, mod,hack,trainer,cheat,that in Licensors sole determination (i) enable
or facilitates cheating of any type, (ii) allows users to modify or hack the game
interface, environment, and/or experience in any way not expressly authorized by
Licensor, (iii) intercepts, mines, or otherwise collects information from or through
the Software. In the event that the Software detects an unauthorized third-party
program, (a) the Software may (a) communicate information back to Licensor, including
information on the User ID and account, details about the unauthorized third-party
program and the time and date it was detected and/or (b) Licensor may exercise any
or all rights under this Agreement, without any notice to the user.
8. Changes to the Agreement.
Licensor reserves the right, at its sole discretion, to change, modify, add to,
supplement or delete any of the terms and conditions of this Agreement without prior
notice. Any updated Agreement shall be available on its website at www.gambunny.com
or any affiliated websites. Such updated Agreement is effective upon publication,
and your installation and continued use of the Software following publication of
updated Agreement constitute your acceptance of any and all such changes. If any
future changes to this Agreement are unacceptable to you, you may terminate this
Agreement in accordance with the terms hereof.
9. NO WARRANTY.
The Software is being delivered to you "AS IS" and Licensor makes no warranty
as to its use or performance. Licensor provides no technical support, warranties
or remedies for the Software. LICENSOR DOES NOT AND CANNOT WARRANT THE PERFORMANCE
OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. EXCEPT FOR ANY WARRANTY, CONDITION,
REPRESENTATION OR TERM TO THE EXTENT TO WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED
OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, LICENSOR MAKES NO WARRANTIES
CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON
LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION NON-INFRINGEMENT
OF THIRD-PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS
FOR ANY PARTICULAR PURPOSE. The provisions of Section 9 and Section 10 shall survive
the termination of this Agreement, howsoever caused, but this shall not imply or
create any continued right to Use the Software after termination of this Agreement.
10. LIMITATION OF LIABILITY.
IN NO EVENT WILL LICENSOR BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER
OR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST
SAVINGS, EVEN IF A LICENSOR REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH LOSS, DAMAGES, CLAIMS OR COSTS OR FOR ANY CLAIM BY ANY THIRD PARTY. THE FOREGOING
LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR
JURISDICTION. Nothing contained in this Agreement limits Licensor's liability
to you in the event of death or personal injury resulting from Licensor's negligence
or for the tort of deceit (fraud). Licensor is acting on behalf of its licensors
for the purpose of disclaiming, excluding and/or limiting obligations, warranties
and liability as provided in this Agreement, but in no other respects and for no
other purpose.
11. Termination.
This Agreement is effective until terminated. You may terminate the Agreement at
any time by (i) permanently destroying all copies of the Software in your possession
or control; (ii) removing the Software from your hard drive; and (iii) notifying
Licensor of your intention to terminate this Agreement. Licensor may terminate this
Agreement at any time for any reason or no reason whatsover. In such event, you
must immediately and permanently destroy all copies of the Software in your possession
and control and remove the Software from your hard drive. Upon termination of this
Agreement for any reason, all licenses granted herein shall immediately terminate.
12. Governing Law.
This Agreement will be governed by and construed in accordance with the laws of
the Malaysia. The respective courts of Malaysia shall have exclusive jurisdiction
over all disputes relating to this Agreement. This Agreement will not be governed
by the conflict of law rules of any jurisdiction.
13. General Provisions.
If any part of this Agreement is found void and unenforceable, it will not affect
the validity of the balance of this Agreement, which shall remain valid and enforceable
according to its terms. This Agreement shall not prejudice the statutory rights
of any party dealing as a consumer. This Agreement may only be modified by a writing
signed by an authorized officer of Licensor. Updates may be licensed to you by Licensor
with additional or different terms. This is the entire agreement between Licensor
and you relating to the Software and it supersedes any prior representations, discussions,
undertakings, communications or advertising relating to the Software.
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