END USER LICENSE AGREEMENT
ISSUED BY HENGAME STUDIOS (“HENGAME”, or “we” or “us”)
Last updated 19 May 2018
THIS END USER LICENSE AGREEMENT (“EULA”) APPLIES TO AND GOVERNS ALL USE OF GAMES PUBLISHED BY HENGAME (EACH A “GAME” AND TOGETHER THE “GAMES”).
This EULA constitutes the entire agreement between HENGAME and you in respect of the Games.
HENGAME is a company registered in Turkey, İstanbul. If you have any queries concerning this EULA you may contact us at firstname.lastname@example.org.
Please note that the Games usually rely on internet connectivity for much of its functionality.
You are responsible for ensuring that you have an internet connection and that the device you use has sufficient system requirements and memory in order to play and store the Games.
The Games comprise copyright works of HENGAME and/or its licensors. The Games are licensed, not sold. Your license confers no title or ownership in the Games. The Games are solely for use by end users according to the terms of this EULA. Any use, reproduction or redistribution of the Games not in accordance with the terms of this EULA is expressly prohibited.
1. LIMITED USE LICENSE.
HENGAME hereby grants a limited, non-exclusive right and license to download, install and use the Games for your personal, non-commercial use only on compatible devices that are owned by you, subject to the terms of this EULA. This EULA and your use of the Games do not give you any rights of ownership in any property whether tangible or intangible (including in any Virtual Item).
2. END USER OBLIGATIONS.
2.1 You may use the Games for your own personal, non-commercial use as described in this EULA but you are not entitled to and must not do any of the following except to the extent expressly permitted by this EULA:
2.1.1 sell, copy, reproduce, translate, communicate, reverse engineer, publish, stream, distribute, rent, loan, sub-licence, derive source code from, modify, adapt, merge, disassemble, decompile, create derivative works based on or otherwise transfer or deal in copies or reproductions of the Games or any part or interest in it to other parties in any way except where a Game expressly permits you to do so through sharing content in that Game on social media;
2.1.2 engage in any act that HENGAME deems to be in conflict with the spirit or intent of the Games and/or the Online Service including without limitation using cheats, exploits, automation software, bots, hacks, mods or any unauthorised third-party software designed to modify or interfere with the Games;
2.1.3 attempt to gain unauthorised access to the Online Service or to the computers, devices, servers, or networks connected to the Online Service by any means other than the user interface provided by HENGAME; or
2.1.4 use the Games for any illegal or immoral purposes.
3.1 All right, title, interest and ownership rights in the Games and any copyright, design right, database right, patents and any rights to inventions, know-how, trade and business names, trade secrets and trade marks (whether registered or unregistered) and any applications therefor and other intellectual property rights (“Intellectual Property Rights”), in or connected with the Games and each part thereof (including by way of example only any titles, code, themes, objects, concepts, artworks, animations, audio-visual effects and methods of operation) and any copies, translations, modifications, adaptations and any other derivative based on the Games are owned by, belong to and vest in HENGAME or its licensors.
3.2 The Games may contain certain licensed materials. All trade marks are the property of their respective owners.
4.1 This EULA and the licence granted by it are effective until terminated.
4.2 You may terminate this EULA at any time and for any reason by deleting and removing the Games from your device.
4.3 HENGAME may terminate this EULA if you fail to abide by any of the terms and conditions of this EULA at any time and for any reason or we reasonably suspect that you have failed to abide by any of the terms and conditions of this EULA. HENGAME may take any action it deems reasonable in its sole discretion against users who do not comply with the terms of this EULA, which may include banning users from any of the Games. HENGAME reserves the right to determine what conduct it considers to be in violation of, or otherwise outside the intent or spirit of, this EULA and/or the Games and/or Online Service. However, if what you have done can be put right we will give you a reasonable opportunity to do so.
4.4 Following termination, you will no longer be permitted to use any of the Games and you will be required to delete the Games from your device.
5. WARRANTY AND LIMITATION OF LIABILITY.
5.1 HENGAME WARRANTS THAT IT HAS USED AND WILL USE REASONABLE EFFORTS TO ENSURE THAT:
5.1.1 IT IS ENTITLED TO GRANT THE RIGHTS AND LICENCES GRANTED HEREUNDER; AND
5.1.2 THE GAMES (INCLUDING ANY VIRTUAL ITEMS) WILL BE OF SATISFACTORY QUALITY.
5.2 EXCEPT AS SPECIFICALLY PROVIDED IN THIS EULA AND TO THE MAXIMUM EXTENT PERMITTED BY LAW:
5.2.1 THE GAMES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OR GUARANTEE OF ANY KIND (EXPRESS OR IMPLIED) OTHER THAN THOSE SET OUT IN THIS EULA;
5.2.2 HENGAME ONLY ACCEPTS LIABILITY FOR DIRECT LOSS AS A RESULT OF ITS BREACH OF ITS WARRANTIES IN CLAUSE 5.1 ABOVE UNLESS OTHERWISE SET OUT IN THIS EULA;
5.2.3 HENGAME AND ITS LICENSORS’ MAXIMUM LIABILITY WILL BE LIMITED TO $50;
5.2.4 HENGAME AND ITS LICENSORS WILL NOT IN ANY EVENT BE LIABLE IN ANY WAY FOR ANY CONSEQUENTIAL OR INDIRECT LOSS OR DAMAGE (SAVE TO THE EXTENT THAT DAMAGE TO YOUR DEVICE OR OTHER DIGITAL CONTENT WHICH YOU OWN IS CAUSED BY THE GAMES AS A RESULT OF OUR FAILURE TO USE REASONABLE CARE AND SKILL IN WHICH CASE YOU MAY BE ENTITLED TO COMPENSATION OR WE MAY BE OBLIGED TO REPAIR YOUR DEVICE);
5.2.5 HENGAME DOES NOT GUARANTEE THAT THE OPERATION OF THE GAMES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ERRORS CAN OR WILL BE CORRECTED, OR THAT THE GAMES OR THE ONLINE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
5.2.6 YOU INSTALL AND USE THE GAMES AT YOUR OWN RISK.
5.3 THIS EULA SHALL NOT LIMIT ANY RIGHTS YOU MIGHT HAVE AS A CONSUMER THAT MAY NOT BE EXCLUDED UNDER APPLICABLE LAW NOR SHALL IT EXCLUDE OR LIMIT ANY LIABILITY FOR FRAUD, FRAUDULENT MISREPRESENTATION, OR DEATH OR PERSONAL INJURY CAUSED BY HENGAME’S NEGLIGENCE.
In the event that any provision of this EULA (including, without limitation, any restriction) shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision will be enforced to the maximum extent permissible and the remaining portions of this EULA shall remain in full force and effect.
7. APPLICABLE LAW AND JURISDICTION.
7.1 This EULA and any dispute or claim arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of Turkey shall have exclusive jurisdiction to settle any dispute or claim.
8. ONLINE SERVICE.
8.1 HENGAME may provide and maintain certain online functionality, online network play connectivity and interactivity and other online features relating to the Games (“Online Service“) subject to the terms and conditions of this EULA.
8.2 HENGAME does not target the Games to users under 13 years of age. To use the Online Service you must be over the age of 13 years or have your parent’s or guardian’s explicit consent to do so on these terms. By using the Online Service you therefore confirm that you are over 13 years of age and, where you are between the ages of 13 and 17, you confirm that you have your parent’s or guardian’s consent (and that your parent or guardian has read and agreed to these terms).
8.3 You further agree that you will not in any way conduct yourself in a manner which is unlawful or which gives rise to civil or criminal liability or which might call into disrepute HENGAME or the Games.
8.4 Where a Game allows you to share pre-determined messages with other users, HENGAME shall be entitled to remove, restrict, suspend or alter that ability for any reason in its sole and absolute discretion.
8.5 You will cooperate fully with HENGAME to investigate any suspected unlawful, fraudulent or improper activity.
8.6 If you feel that the behaviour of another user breaches this EULA then please let HENGAME know by sending an email to email@example.com with details of the potential breach and/or the user responsible. HENGAME will take reasonable steps to deal with any breach.
9. VIRTUAL ITEMS.
9.1 As part of and to enhance your use and enjoyment of the Games you may be able to obtain additional features that form part of the experience of the Games (“Virtual Items”).
9.2 Virtual Items include (without limitation):
9.2.1 Gems, which can be purchased as described in the payment section of the Games or obtained for free as a reward for your playing the Games (including watching incentivised video adverts);
9.2.2 Coins, which can be purchased as described in the payment section of Games or obtained free of charge as part of and as a result of your playing the Games (including watching incentivised video adverts); and
9.2.3 Any other additional features contained in the Games such as power ups which can be obtained free of charge as part of and as a result of your playing the Games or by exchanging Gems and/or Coins.
9.3 Virtual Items are gameplay features of the Games, they have no cash or real world value, they are not redeemable or exchangeable for anything with a real world value and they can be used as part of the Games only, in accordance with this EULA.
9.4 Purchases of Virtual Items are subject to this EULA and the terms of any third party app distribution platform through which your purchase is made. Purchases are made via Apple, Google or Amazon and not via HENGAME. To the extent that this EULA conflicts with such agreement between you and the relevant third party in respect of any purchase of Virtual Items, the terms of your agreement with the third party app distribution platform shall prevail.
9.5 To cancel a purchase of any Virtual Items (such as Gems or Coins) you should contact the platform through which you made that purchase. If you cannot use Gems or Coins due to an error or fault, you may still be charged. If this happens, please contact HENGAME as set out below and we will endeavour to rectify the issue and if we are unable to do so you may be entitled to a refund via the platform through which you made that purchase (i.e. Google, Apple or Amazon).
9.6 Virtual Items that may be purchased (either through Google, Apple or Amazon) are advertised for sale in the Game so that you may offer to purchase them for the price stated in the manner described below.
9.7 It is a condition and fundamental term of this EULA and your use of the Games that you may not and must not buy, sell, barter, swap, exchange, trade, lend, rent or otherwise deal in any way with any aspect of the Games (including any third party account you use in relation to the Games) or any Virtual Item (including Gems and Coins) outside of the Games or in any way other than as expressly provided above, namely that certain Virtual Items may only be exchanged for certain other designated Virtual Items in and as part of the Games only.
9.8 HENGAME may manage, vary, regulate, control, modify or eliminate Virtual Items in its sole discretion, with or without notice (including not supplying Virtual Items if it is reasonable to do so). HENGAME shall have no liability to you or any third party in the event that HENGAME exercises such rights.
9.9 When you submit, or anyone using your device submits, a request to purchase Virtual Items you are offering to purchase them for the price stated and our acceptance of that offer shall only occur once we make the Virtual Items available to you, prior to which your order may be declined for any reason.
9.10 Please notify HENGAME immediately if you dispute a transaction involving Virtual Items or believe that any transaction is unauthorised.
9.11 Your statutory rights are unaffected by this EULA.
10. CONSUMER RIGHTS.
10.1 These terms above shall not limit any rights you might have as a consumer that may not be excluded under applicable law.
10.2 Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to consider an alternative dispute resolution provider. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.
11. APPLE DEVELOPER TERMS
11.1 The following terms of this clause are the terms which HENGAME is required by Apple to notify you of and obtain your consent in respect of using the iOS version of the Games (Apple iPad, iPhone and iPod etc.):
11.2 You and HENGAME acknowledge that this EULA is concluded between you and HENGAME only, and not with Apple Inc., nor any subsidiary or affiliate company of Apple Inc., (“Apple”). You also acknowledge that HENGAME is solely responsible for the Games and the content thereof.
11.3 Subject to your compliance with all conditions of this EULA HENGAME grants you a non-exclusive, personal, revocable, non-transferable license to use the Games on an iOS Product which you own or control, and as permitted by the Usage Rules set forth in the App Store Terms of Service (https://www.apple.com/uk/legal/sales-support).
11.4 HENGAME is solely responsible for providing support and maintenance for the Games. You and HENGAME acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Games.
11.5 You acknowledge that HENGAME, and not Apple, is responsible for addressing any claims you may have relating to the Games or your possession and/or use of the Games, including but not limited to:
11.5.1 product liability claims;
11.5.2 any claim that the Games fail to confirm to any applicable legal or regulatory requirement; and
11.5.3 claims arising under consumer protection or similar legislation.
11.6 You acknowledge that in the event of a third party claim that the Games or your possession and use of the Games infringes that third party’s intellectual property rights, then HENGAME shall be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property right infringement claim, and not Apple.
11.7 You confirm that:
11.7.1 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
11.7.2 you are not listed on any US Government list of prohibited or restricted parties.
11.8 You acknowledge and agree that Apple are third party beneficiaries of this EULA, and that when you accept the terms and conditions of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third party beneficiary thereof.
11.9 HENGAME uses third party software and services provided in the Games (explained above). Use of the Games is therefore subject also to your acceptance and compliance of these third party terms and you agree to comply with the applicable third party terms and conditions when using the Games. More information about this can be found in our Privacy and Data Policy.
12.1 Although HENGAME is responsible for the advertisements that are placed in the Games or on the Online Service, we do not control the specific content of those adverts. We do, however, have control over the general types of advertisements that are placed in the Games to ensure that the Games do not contain any inappropriate advertisements.
12.2 Please report any advert that you find offensive or inappropriate to hengamestudios @gmail.com.
12.3 If you click on any advert you will be dealing with external companies responsible for that advert. HENGAME does not control the actions of these companies or the content of their websites.
13. INDEMNITY AND REMEDIES.
13.1 You hereby indemnify (agree to compensate), defend and hold harmless HENGAME and HENGAME’s affiliates, officers, directors, owners, licensors, service providers, partners, contractors, employees, agents and licensees (collectively, the “Indemnified Parties“) harmless from and against any and all any liabilities, claims, costs and expenses (including legal expenses and lawyers’ fees) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this EULA or claims arising directly or indirectly from your use or misuse of the Games (which includes Virtual Items and the Online Service), and any negligent or improper use of your device, password and username; and / or any use otherwise than in accordance with the terms of this EULA. You shall fully cooperate with HENGAME in the defence of any such claim and HENGAME reserves the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you.
13.2 You further agree that the subject matter of this EULA is of a unique character with special value and that HENGAME would be irreparably damaged if the terms of this EULA were not specifically enforced, and therefore you agree that HENGAME shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies (including injunctive relief) with respect to breaches of this EULA, in addition to such other remedies as HENGAME may otherwise have available to it under applicable laws.
13.3 HENGAME’s licensors shall be third-party beneficiaries under this EULA and shall have the express right to enforce its provisions and to enjoy the benefits of its protections.
14. CHANGES TO THIS EULA
14.1 We may update the terms of this EULA from time to time for any reason by posting the updated version HERE. Every time you launch any of the Games on your device you are deemed to have accepted the terms of the EULA in place at that time. Accordingly, we suggest you check HERE for any updates to the EULA each time you launch any of the Games on your device.