Effective Date: December 20, 2022

End User License Agreement

OurLicensed Applications are licensed to You ("End-User") by GrundirGames (also "Licensor", "us", "we"), located and registered in Roquebrune-Cap-Martin, France, for use only under the terms of this Licence Agreement.

By downloading our Licensed Applications from Google's oftware distribution platform ('Play Store'), and any update thereto (as permitted by this Licence Agreement), You indicate that You agree to be bound by all of the terms and conditions of this Licence Agreement, and that You accept this Licence Agreement. Play Store is referred to in this Licence Agreement as "Provider".

The parties of this Licence Agreement acknowledge that the Provider are not a Party to this Licence Agreement and are not bound by any provisions or obligations with regard to Licensed Applications, such as warranty, liability, maintenance and support thereof. GrundirGames, not the Provider, is solely responsible for our Licensed Applications and the content thereof.

This Licence Agreement may not provide for usage rules for the Licensed Applications that are in conflict with the latest Google Play Terms of Service ("Usage Rules"). GrundirGames acknowledges that it had the opportunity to review the Usage Rules and this Licence Agreement is not conflicting with them.

Our Licensed Applications when purchased or downloaded through the Provider, are licensed to You for use only under the terms of this Licence Agreement. The Licensor reserves all rights not expressly granted to You. Our Licensed Applications are to be used on devices that operate with Google's operating system ("Android").

TABLE OF CONTENTS

1. THE APPLICATION

Our Licensed Applications are software created to game — and customised for Android mobile devices ("Devices").

Licensed Applications are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use our Licensed Applications. You may not use our Licensed Applications in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

2. SCOPE OF LICENCE

2.1 You are given a non-transferable, non-exclusive, non-sublicensable licence to install and use our Licensed Applications on any Devices that You (End-User) own or control and as permitted by the Usage Rules, with the exception that such Licensed Applications may be accessed and used by other accounts associated with You (End-User, The Purchaser) via Family Sharing or volume purchasing.

2.2 This licence will also govern any updates of Licensed Applications provided by Licensor that replace, repair, and/or supplement previous versions of Licensed Applications, unless a separate licence is provided for such update, in which case the terms of that new licence will govern.

2.3 You may not share or make our Licensed Applications available to third parties (unless to the degree allowed by the Usage Rules, and with GrundirGames's prior written consent), sell, rent, lend, lease or otherwise redistribute our Licensed Applications.

2.4 You may not reverse engineer, translate, disassemble, integrate, decompile, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of our Licensed Applications, or any part thereof (except with GrundirGames's prior written consent).

2.5 You may not copy (excluding when expressly authorised by this licence and the Usage Rules) or alter our Licensed Applications or portions thereof. You may create and store copies only on devices that You own or control for backup keeping under the terms of this licence , the Usage Rules, and any other terms and conditions that apply to the device or software used. You may not remove any intellectual property notices. You acknowledge that no unauthorised third parties may gain access to these copies at any time. If you sell your Devices to a third party, you must remove our Licensed Applications from the Devices before doing so.

2.6 Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.

2.7 Licensor reserves the right to modify the terms and conditions of licensing.

2.8 Nothing in this licence should be interpreted to restrict third-party terms. When using our Licensed Applications, You must ensure that You comply with applicable third-party terms and conditions.

3. TECHNICAL REQUIREMENTS

3.1 our Licensed Applications requires a firmware version 12.0.0 or higher . Licensor recommends using the latest version of the firmware.

3.2 GrundirGames attempts to keep their Licensed Applications updated so that it complies with modified/new versions of the firmware and new hardware. You are not granted rights to claim such an update.

3.3 You acknowledge that it is Your responsibility to confirm and determine that the app end-user device on which You intend to use our Licensed Applications satisfies the technical specifications mentioned above.

3.4 GrundirGames reserves the right to modify the technical specifications as it sees appropriate at any time.

4. MAINTENANCE AND SUPPORT

4.1 The Licensor is solely responsible for providing any maintenance and support services for Licensed Applications. You can reach the Licensor at the email address listed in the Play Store Overview for specific Licensed Application.

4.2 Licensor and the End-User acknowledge that the Provider have no obligation whatsoever to furnish any maintenance and support services with respect to our Licensed Applications.

5. USE OF DATA

You acknowledge that Licensor will be able to access and adjust Your downloaded Licensed Application content and Your personal information, and that Licensor's use of such material and information is subject to Your legal agreements with Licensor and Licensor's privacy policy : Privacy Policy.

You acknowledge that the Licensor may periodically collect and use technical data and related information about your device, system, and application software, and peripherals, offer product support, facilitate the software updates, and for purposes of providing other services to you (if any) related to our Licensed Applications. Licensor may also use this information to improve its products or to provide services or technologies to you, as long as it is in a form that does not personally identify you.

6. USER-GENERATED CONTRIBUTIONS

our Licensed Applications does not offer users to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or in our Licensed Applications, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of our Licensed Applications and through third-party websites or applications. As such, any Contributions you transmit may be treated in accordance with our Licensed Applications Privacy Policy. When you create or make available any Contributions, you thereby represent and warrant that:

  • 1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
  • 2. You are the creator and owner of or have the necessary licences, rights, consents, releases, and permissions to use and to authorise us, our Licensed Applications, and other users of our Licensed Applications to use your Contributions in any manner contemplated by our Licensed Applications and this Licence Agreement.
  • 3. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness or each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by our Licensed Applications and this Licence Agreement.
  • 4. Your Contributions are not false, inaccurate, or misleading.
  • 5. Your Contributions are not unsolicited or unauthorised advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
  • 6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libellous, slanderous, or otherwise objectionable (as determined by us).
  • 7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
  • 8. Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
  • 9. Your Contributions do not violate any applicable law, regulation, or rule.
  • 10. Your Contributions do not violate the privacy or publicity rights of any third party.
  • 11. Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
  • 12. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
  • 13. Your Contributions do not otherwise violate, or link to material that violates, any provision of this Licence Agreement, or any applicable law or regulation.

Any use of our Licensed Applications in violation of the foregoing violates this Licence Agreement and may result in, among other things, termination or suspension of your rights to use our Licensed Applications.

7. CONTRIBUTION LICENCE

You agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).

By submitting suggestions of other feedback regarding our Licensed Applications, you agree that we can use and share such feedback for any purpose without compensation to you.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area in our Licensed Applications. You are solely responsible for your Contributions to our Licensed Applications and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

8. LIABILITY

8.1 Licensor's responsibility in the case of violation of obligations and tort shall be limited to intent and gross negligence. Only in case of a breach of essential contractual duties (cardinal obligations), Licensor shall also be liable in case of slight negligence. In any case, liability shall be limited to the foreseeable, contractually typical damages. The limitation mentioned above does not apply to injuries to life, limb, or health.

8.2 Licensor takes no accountability or responsibility for any damages caused due to a breach of duties according to Section 2 of this Licence Agreement. To avoid data loss, You are required to make use of backup functions of our Licensed Applications to the extent allowed by applicable third-party terms and conditions of use. You are aware that in case of alterations or manipulations of our Licensed Applications, You will not have access to our Licensed Applications.

9. WARRANTY

9.1 Licensor warrants that our Licensed Applications is free of spyware, trojan horses, viruses, or any other malware at the time of Your download. Licensor warrants that our Licensed Applications works as described in the user documentation.

9.2 No warranty is provided for our Licensed Applications that is not executable on the device, that has been unauthorisedly modified, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, used with inappropriate accessories, regardless if by Yourself or by third parties, or if there are any other reasons outside of GrundirGames 's sphere of influence that affect the executability of our Licensed Applications.

9.3 You are required to inspect our Licensed Applications immediately after installing it and notify GrundirGames about issues discovered without delay by email provided in Contact Information. The defect report will be taken into consideration and further investigated if it has been emailed within a period of three (3) days after discovery.

9.4 If we confirm that our Licensed Applications is defective, GrundirGames reserves a choice to remedy the situation either by means of solving the defect or substitute delivery.

9.5 In the event of any failure of our Licensed Applications to conform to any applicable warranty, You may notify the Provider Store Operator, and Your Licensed Application purchase price will be refunded to You. To the maximum extent permitted by applicable law, the Provider Store Operator will have no other warranty obligation whatsoever with respect to our Licensed Applications, and any other losses, claims, damages, liabilities, expenses, and costs attributable to any negligence to adhere to any warranty.

9.6 If the user is an entrepreneur, any claim based on faults expires after a statutory period of limitation amounting to twelve (12) months after our Licensed Applications was made available to the user. The statutory periods of limitation given by law apply for users who are consumers.

10. PRODUCT CLAIMS

GrundirGames and the End-User acknow ledge that GrundirGames , and not the Provider, is responsible for addressing any claims of the End-User or any third party relating to our Licensed Applications or the End-User’s possession and/or use of that Licensed Application, including, but not limited to :

  • (i) product liability claims;
  • (ii) any claim that our Licensed Applications fails to conform to any applicable legal or regulatory requirement; and
  • (iii) claims arising under consumer protection, privacy, or similar legislation.

11. LEGAL COMPLIANCE

You represent and warrant that You are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a 'terrorist supporting' country; and that You are not listed on any US Government list of prohibited or restricted parties.

12. CONTACT INFORMATION

For general inquiries, complaints, questions or claims concerning our Licensed Applications, please contact us at contact@grundir-game.com.

13. TERMINATION

The licence is valid until terminated by GrundirGames or by You. Your rights under this licence will terminate automatically and without notice from GrundirGames if You fail to adhere to any term(s) of this licence. Upon Licence termination, You shall stop all use of our Licensed Applications, and destroy all copies, full or partial, of our Licensed Applications.

14. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY

GrundirGames represents and warrants that GrundirGames will comply with applicable third-party terms of agreement when using Licensed Application.

In Accordance with Section 9 of the 'Instructions for Minimum Terms of Developer's End-User Licence Agreement', Google's subsidiaries shall be third-party beneficiaries of this End User Licence Agreement and — upon Your acceptance of the terms and conditions of this Licence Agreement, Google will have the right (and will be deemed to have accepted the right) to enforce this End User Licence Agreement against You as a third-party beneficiary thereof.

15. INTELLECTUAL PROPERTY RIGHTS

GrundirGames and the End-User acknowledge that, in the event of any third-party claim that our Licensed Applications or the End-User's possession and use of that Licensed Application infringes on the third party's intellectual property rights, GrundirGames , and not the Provider, will be solely responsible for the investigation, defence , settlement, and discharge or any such intellectual property infringement claims.

16. APPLICABLE LAW

This Licence Agreement is governed by the laws of France excluding its conflicts of law rules.

17. MISCELLANEOUS

17.1 If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.

17.2 Collateral agreements, changes and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.