A BLIND LEGEND END USER LICENCE AGREEMENT 1.0
Last updated: August 27, 2015
Dowino, is a business entity validly incorporated in accordance with French law (hereinafter: « Dowino » or “we”)
Dowino’s business purpose includes, but is not limited to, the development of software and games.
Dowino has entirely developed a game called “A Blind Legend” (hereinafter: A Blind Legend, or the “Software”), which is precisely described in www.ablindlegend.com/en/about-us
You can notably access A Blind Legend free of charge and any in game purchasing services on the virtual stores of the main distributors of applications (hereinafter: the “Stores”), or, for any specific desktop version of A Blind Legend, on the internet site concerned.
This Software is notably protected by French copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.
This document is an agreement between you and Dowino.
You may only access to A Blind Legend under the present free License.
This License must be validated online or on Store, in order to play A Blind Legend.
- Acceptance and Legal Entity Representations
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE DOWNLOADING, INSTALLING OR USING THE SOFTWARE. THE TERMS AND CONDITIONS OF THIS SOFTWARE LICENSE AGREEMENT (“AGREEMENT”) GOVERN THE USE OF THE SOFTWARE UNLESS YOU AND DOWINO HAVE EXECUTED A SEPARATE AGREEMENT GOVERNING USE OF THE SOFTWARE.Dowino is willing to license the Software to you only upon the condition that you accept all the terms contained in this Agreement.When you install the Software, you will be asked to review and either accept or not accept the terms of the EULA by clicking the « I Accept » button or simply while continuing the installation. By doing so, you acknowledge that you have read the EULA, understand it and agree to be bound by its terms and conditions.If you are accepting the terms of this Agreement on behalf of a Legal Entity, you represent and warrant that you have the authority to bind that Legal Entity to the terms of this Agreement, and, in such event, “you” and “your” will refer to that Legal Entity.If you do not accept all the terms of this Agreement, then Dowino is unwilling to license the Software to you, and you must uninstall or destroy all copies of the Software in your possession or control.
“Legal Entity” means any company, corporation, limited liability company, general partnership, limited partnership, limited liability partnership, proprietorship, joint venture or other form of business organization. Legal Entity includes, without limitation, any government, non-profit, educational or academic institution, including but not limited to any primary or secondary school, vocational school, college or university.
“Software” means all versions and updates of the Software developed by Dowino and called “A Blind Legend”, described and accessible on the Stores, or on any other website in partnership with Dowino.
“License” means the present free version of the Dowino Software, as set forth in this EULA.
- Rights granted under the License
3.1. Use Rights.
Contingent upon your compliance with the terms and conditions of this Agreement, Dowino grants you a personal, non-exclusive, non-transferable license to install and execute the executable form of the Software on any available support (notably smartphone or single computer), solely for internal or private use by one player at a time and under the provisions of your License.You may not sublicense the rights granted herein.
3.2. Copies of A Blind Legend.
You may install A Blind Legend on both a primary support and any other support, solely for your convenience but only for private purpose and use by one person at a time.You may make a single copy of the Software solely for backup or archival purposes. For the sake of clarity, you may only use one installation at any given time.
3.3. Public access
When appropriate and notwithstanding any clauses to the contrary, you may provide to any third party a free and public access to your License and the Software, after express written acceptance of Dowino.
3.4. In game purchasing services / content
When appropriate, You may access to specifics in game purchasing services, expressly under the rights and conditions available on the Store.
You agree that the content of the Software and its paid-access section may differ from one support to another and from one Store to another.
- General restrictions.
Except as expressly specified in this Agreement, you may not:
(i) copy (except in the course of loading or installing) or modify or create derivative works of the Software;
(ii) distribute, transfer, sublicense, lease, lend, rent or otherwise provide access to the Software to any third party;
(iii) publicly represent or project the Software, on any support or by any means;
(iv) make the functionality of the Software available to multiple users or third parties through any means, including but not limited to uploading the Software to a network or file-sharing service or through any hosting, application services provider, service bureau, software-as-a-service (SaaS) or any other type of services;
(v) use the Software to develop a competing product; or
(vi) do anything that could cause or result in the Software being subject to any open source license (or similar license) that requires, as a condition of use, modification or distribution that the Software (including the runtime portion thereof) or other software combined or distributed with the Software, be: (A) disclosed or distributed in source code form, (B) licensed for the purpose of making derivative works, or (C) redistributable at no charge. You acknowledge and agree that portions of the Software, including but not limited to the source code and the specific design and structure of individual modules or programs, are confidential and constitute or contain trade secrets of Dowino and its licensors. Accordingly, you agree not to disassemble, decompile or reverse engineer the Software, in whole or in part, or permit or authorize a third party to do so, except to the extent such activities are expressly permitted by law notwithstanding this prohibition.
(vii) You may not electronically transmit the Software from one computer, console or other platform to another or over a network
5.1.Ownership of the Software
The Software is licensed, not sold.
Dowino retains ownership of the Software including all intellectual property rights therein.
The Software is protected by French copyright laws and international treaties.
Dowino reserves all rights in the Software not expressly granted to you in this Agreement.
You will not obscure or delete or in any manner alter any Dowino or third-party copyright, trademark or other proprietary rights notices or markings appearing on or in the Software.
5.2. Ownership on sounds and music of A Blind Legend.
All sounds and music of A Blind Legend are protected by French copyright laws and Dowino and/or its contractors and partners retain all ownership on it, including all intellectual property rights therein.You will not copy or modify or create derivative works of any sounds and music of A Blind Legend.You will not distribute, transfer, sublicense, lease, lend, rent or otherwise provide access to any sounds and music of A Blind Legend to any third party.
- Fees and Taxes
When appropriate, You agree to pay all amounts due for any in game services, under the specific terms and sale conditions of the Store.
- Consent to data Collection
You acknowledge and agree that the Software needed to collect your email, only at your request, in order to send You a newsletter and provide aggregated usage statistics of your use of the Software.
For these reasons, the collection of this data is reported to the CNIL (Commission National Informatique et liberté – www.cnil.fr ) by Dowino by declaration NS 48: 1885689 v 0
Dowino does not make any other commercial use of such Data and does not transfer it to any of Dowino’s partners. However Dowino may on occasion make use of it, following prior anonymisation, for statistical and analytical purposes.
In accordance with the articles 38, 39 and 40 of the French Data Protection Act of January 6, 1978, You may exercise your rights with Dowino concerning access, rectification and opposition to the processing of any of your personal data.
To exercise these rights, please contact Dowino by email at firstname.lastname@example.org.
In accordance with the French Data Protection Act of 6 January 1978, Dowino is committed to taking all necessary precautions to safeguard the security and confidentiality of Data, and in particular prevent them from being distorted, damaged and disclosed to unauthorized persons.
Such personal data is not retained after you unsubscribe to the service of newsletter.
- Maintenance and Support
We may, in our sole discretion, provide, notably on the Store, any Software update or version or corrective maintenance service, free of charges and which does not imply recognition of any obligation for us.Any other upgrade (higher version) or developmental maintenance service may be provided to you with charge and on quotation, at our sole discretion.As a licensee of the Software you may contact Dowino support by email via email@example.com in accordance with Dowino’s current policies.You also may access the Dowino support resources on the Dowino web site at www.dowino.com.No other kind of support service on the Software is granted by Dowino.
The license granted under this Agreement will remain in effect unless terminated earlier in accordance with this Agreement.The license granted under this Agreement will automatically terminate, with or without notice from Dowino, if you breach any term of this Agreement or fail to pay all fees due for in games services.Upon termination, you must uninstall all copies of the Software in your possession or control.
- No Warranty
ALL VERSION OF THE SOFTWARE ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND. DOWINO DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, AND ANY WARRANTIES AND CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM DOWINO OR ELSEWHERE WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THIS AGREEMENT.
- Limitation of Liability
DOWINOS’ TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO ONE HUNDRED EUROS (100€). IN NO EVENT WILL DOWINO BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, BUSINESS, PROFITS OR ABILITY TO EXECUTE) OR FOR THE COST OF PROCURING SUBSTITUTE PRODUCTS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE EXECUTION OR PERFORMANCE OF THE SOFTWARE, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT DOWINO HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THE FOREGOING LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
- Export Law
You agree to comply fully with all export laws and regulations to ensure that neither the Software nor any technical data related thereto nor any direct product thereof are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations.
13.1. Governing law and jurisdiction
This Agreement will be governed by and construed in accordance with the laws of France, without regard to or application of conflict of laws rules or principles.The United Nations Convention on Contracts for the International Sale of Goods will not apply.Any dispute arising out of or in connection with this Agreement, including any disputes regarding the existence, validity or termination thereof, shall be settled by simplified arbitration arranged by French Court of Lyon.Notwithstanding the foregoing, you agree that Dowino shall have the right to seek injunctive remedies (or an equivalent type of urgent legal relief) in any court of competent jurisdiction.
You may not assign or transfer this Agreement or any rights granted hereunder, by operation of law or otherwise, without Dowino’s prior written consent, and any attempt by you to do so, without such consent, will be void. Without limiting the generality of the foregoing, if you are an employee of a Legal Entity, you may not assign or transfer this Agreement or any rights granted hereunder to your employer without Dowino’s prior written consent, and any attempt by you to do so, without such consent, will be void.By exception, You may permanently transfer all your rights under this EULA, in the hypothesis where you retain no copies of the Software, you transfer all of the Software (including all component parts, the media and printed materials and any upgrades) and where the recipient reads and accepts this EULA.
Except as expressly set forth in this Agreement, the exercise by either party of any of its remedies under this Agreement will be without prejudice to its other remedies under this Agreement or otherwise.
All notices or approvals required or permitted under this Agreement will be in writing and delivered by confirmed facsimile transmission, by overnight delivery service, or by certified mail, and in each instance will be deemed given upon receipt.
All notices or approvals will be sent to the addresses set forth in the applicable ordering document or invoice or to such other address as may be specified by either party to the other in accordance with this section.
The failure by either party to enforce any provision of this Agreement will not constitute a waiver of future enforcement of that or any other provision.
If any provision of this Agreement is held by any court or other authority of competent jurisdiction to be unenforceable or invalid that provision will be enforced to the maximum extent possible and the other provisions will remain in full force and effect.
13.7. Entire Agreement
This Agreement is the complete and exclusive understanding and agreement between the parties regarding its subject matter, and supersedes all proposals, understandings or communications between the parties, oral or written, regarding its subject matter, unless you and Dowino have executed a separate agreement governing use of the Software.
The English language version of this Agreement is legally binding in case of any inconsistencies between the English version and any translations.
Any terms or conditions contained in your purchase order or other ordering document that are inconsistent with or in addition to the terms and conditions of this Agreement are hereby rejected by Dowino and will be deemed null.
13.8. Variation of the Agreement
Dowino reserves the right to change and update this Agreement, at any time, without notice. Dowino recommends that you review this Agreement regularly. The use of the Software will be subject to the Agreement in effect at the time of its installation.