END-USER LICENCE AGREEMENT FOR MONSTERS IN MY BACKYARD
IMPORTANT –USE OF THIS PRODUCT IS SUBJECT TO THE LICENCE TERMS BELOW. “PRODUCT” INCLUDES ALL SOFTWARE INCLUDED WITH THIS AGREEMENT, ASSOCIATED MEDIA, ADD-ONS, PATCHES OR UPDATES AND ANY DOCUMENTATION. BY INSTALLING OR USING THE PRODUCT, YOU AGREE TO THE TERMS HEREIN (the “TERMS”) WITH THE MEDIA DEVELOPMENT AUTHORITY OF SINGAPORE AND ITS AFFILIATES (THE “LICENSOR"). YOU MAY CONTACT LICENSOR IN WRITING AT 3 FUSIONOPOLIS WAY, #16-22 SYMBIOSIS, SINGAPORE 138633, ATTN: SINGAPORE-MIT GAMBIT GAME LAB.
1. LIMITED USE LICENCE
Subject always to your compliance with the Terms, the Licensor grants you a limited, non-exclusive, non-transferable, non-sublicensable right and licence to install and use one (1) copy of this Product solely and exclusively for your personal entertainment. All commercial use is prohibited. All rights not specifically granted under this Agreement are reserved by the Licensor or its licensors. This licence confers no title or ownership in this Product and should not be construed as a sale of any rights therein.
2. OWNERSHIP
All title, ownership rights and intellectual property rights in and to this Product and any copies thereof (including but not limited to any titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, locations, concepts, artwork, animation, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, any related documentation, and “applets” incorporated into this Product) are owned by the Licensor, its affiliates or its licensors. This Product contains certain licensed materials and you agree to abide by the terms of these licences. All trade marks and trade names of the Licensor and its licensors shall remain their sole and exclusive property respectively, and nothing herein shall grant any rights to use the same, including without limitation, "Massachusetts Institute of Technology," "Lincoln Laboratory", "GAMBIT", "Media Development Authority", "MDA" or any variation, adaptation, or abbreviation thereof.
3. LICENCE CONDITIONS
3.1 IN RELATION TO THIS PRODUCT, YOU AGREE NOT TO:
(a) use or exploit it commercially or in the course of the operation of any commercial undertaking.
(b) use or permit use of, on more than one (1) computer at the same time.
(c) use or reproduce, or permit use or reproduction, in a network, multi-user arrangement or remote access arrangement, including any online use, except as otherwise explicitly provided.
(d) make copies of or copy onto any storage device except as specifically permitted herein, sell, rent, lease, loan, license, distribute or otherwise transfer, or any of its copies, without the express prior written consent of the Licensor.
(e) reverse engineer, derive source code, modify, decompile, disassemble, or create any derivative works, in whole or in part.
(f) remove, disable or circumvent any proprietary notices or labels or digital rights management information contained on or within it.
(g) hack or modify (or attempt to modify or hack), or create, develop, modify, distribute or use any software products, in order to gain (or allow others to gain) advantage of, in any online multiplayer game settings including but not limited to local area network or any other network play or on the internet.
(h) export or re-export, or any copy or adaptation of it in violation of any applicable laws or regulations.
3.2 If the Product permits access to additional online features, only ONE (1) copy of the Product may access those features at one time (unless otherwise provided). Only Product subject to a valid licence 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.
4. PRIVACY DISCLOSURE
4.1 INFORMATION COLLECTION
If you connect to the internet while using the Product, the Licensor may receive information and may automatically collect certain information from your computer or other gaming platform. This information may include, user IDs , game scores and achievements, locations visited, buddy lists, hardware MAC address, internet protocol address, and your usage of various game features. All information collected by the Licensor is intended to be anonymous information that does not disclose your identity or personal information. However, if you include personal information in your user ID, such information will be automatically be transmitted to the Licensor and used as stated in paragraph 4.2 below.
4.2 INFORMATION USAGE
The information collected by the Licensor may be posted by the Licensor on publicly-accessible web sites, shared with hardware manufacturers, platforms hosts, Licensor's marketing partners or used for any other lawful purpose.
By installing and using this Product, you consent to these information collection and the Licensor's use of related data, including public display of your data such as identification of your user created content or displaying your scores, ranking, achievements and other gameplay data, including (where applicable) transfer of data to Licensor and affiliated companies into a country outside of the European Union and the European Economic Area. If you do not want your information shared in this manner, then you should not use the Product.
5. PERMITTED USE and INSTALLATION
You must run this Product from the original media supplied by Licensor, unless you are downloading this Product from a Licensor-authorised online seller of the Product (“Online Sale”). For Online Sale, you may install (1) ONE copy of this Product onto your computer hard drive unless expressly authorised otherwise. If notified by the Licensor, you further agree to download or apply any patch or upgrade to the Program as the Licensor may (but shall not be obliged to) release from time to time.
6. INTERNET CONNECTIONS
The Product may require an internet connection to function. You should thus obtain and maintain at your own cost (a) an adequate internet connection and/or (b) a valid and active account with an online service as set forth in the Product documentation.
7. LIMITED WARRANTY
Where only this Product has been supplied to you on physical media, and excepting add-ons, patches, updates and any downloaded content (including an Online Sale), the Licensor warrants to the original consumer purchaser of this Product that the media on which the Product is recorded will be free from detects in material and workmanship for Ninety (90) days from the date of purchase. If the purchaser finds the recorded medium of the Product defective within ninety (90) days of original purchase (wear and tear or user abuse excepted), the Licensor agrees, subject to availability, to replace such defective media upon returning the same to the Licensor, . This remedy is the purchaser’s sole, exclusive remedy, and is in lieu of all other express warranties.
EXCEPT AS SET FORTH ABOVE, THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND NO OTHER REPRESENTATIONS OR CLAIMS OF ANY KIND SHALL BE BINDING ON OR OBLIGATE THE LICENSOR. ALL SUCH WARRANTIES ARE DISCLAIMED.
NOTWITHSTANDING ANYTHING IN THIS AGREEMENT, LICENSOR SHALL NOT BE LIABLE TO YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER LAW, FOR ANY LOSS, CLAIM OR DAMAGE IN CONNECTION WITH POSSESSION, USE OR MALFUNCTION OF THE PROGRAM, INCLUDING WITHOUT LIMITATION, RELATING TO DAMAGES TO PROPERTY, COMPUTER FAILURE OR MALFUNCTION, ANY LOSS OF DATA, PROFITS, GOODWILL, ANTICIPATED SAVINGS, REPUTATION, BUSINESS OR BUSINESS OPPORTUNITY, AND/OR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE OF ANY KIND, AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, REGARDLESS OF THE CAUSE THEREOF, WHICH YOU MAY SUFFER IN CONNECTION WITH ANY BREACH BY THE LICENSOR OF ITS OBLIGATIONS PURSUANT TO THIS AGREEMENT, AND/OR ANY NEGLIGENCE OF THE LICENSOR, AND EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. THE LICENSOR'S LIABILITY SHALL NOT IN ANY EVENT EXCEED THE ACTUAL PRICE PAID FOR USE OF THE PRODUCT.
8. TERMINATION
Without prejudice to any other rights of the Licensor, Licensor may by notice to you terminate this Agreement forthwith if you fail to comply with its terms and conditions. In such event, you must destroy all copies of this Product and cease all use of the Product.
9. EQUITABLE REMEDIES
You agree that the Licensor would be irreparably damaged if the terms of this Agreement were not specifically enforced and the Licensor shall accordingly be entitled, without bond, other security or proof of damages, to appropriate equitable remedies for breaches of this Agreement, in addition to such other remedies as the Licensor may otherwise have.
10. INDEMNITY
You agree to indemnify, defend and hold the Licensor, its partners, affiliates, contractors, officers, directors, employees and agents harmless from all claims, damages, losses and expenses arising directly or indirectly from your acts and omissions to act in using the Product otherwise than in accordance with the terms of this Agreement.
11. EXPORT CONTROLS
You acknowledge that the export of technology, technical data, computer software, laboratory prototypes and other commodities, information and items (collectively "Technology") applicable to this Agreement may be subject to certain mandatory laws, regulations, governmental requirements or restrictions ("Mandatory Restrictions") controlling the export thereof, and that your obligations hereunder may be contingent on compliance with such Mandatory Restrictions. You shall not transfer any such Technology that is subject to Mandatory Restrictions without relevant prior approval.
12. MISCELLANEOUS
This Agreement represents the complete agreement concerning this Licence between the parties and supersedes all prior agreements and representations between them. It may be amended only by a writing executed by both parties. If any provision of this Agreement 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 Agreement shall not be affected. This Agreement shall be exclusively governed by the laws of Singapore. In the event of a dispute or legal action between the parties, you agree to waive any objections to personal jurisdiction, and agree to service of process and to submit to the exclusive jurisdiction of the Courts of Singapore.
