End User License Agreement for use of any and all products of ICAZUAL ENTERTAINMENT LTD.
All and everyone who would be using our products through purchase, free distribution or as part of testing process is hereby requested to read carefully the following agreement before beginning to use the same.
This End-User License Agreement henceforth referred to as "EULA" is a legal agreement between M/S. ICAZUAL ENTERTAINMENT LTD and you; in your individual capacity, or as representative of an organisation or a group that governs use of any Soft Product, bought from or made available by ICAZUAL ENTERTAINMENT LTD.By clicking "I AGREE", or by taking any step to download or install or use the software product, you (1) represent that you are of the legal age of majority in your country, state, province jurisdiction of residence and, wherever applicable, you are the duly authorized representative to enter into this contract and (2) you agree to be bound by the terms of this “EULA”. If you do not accept the “EULA” terms, do not use the product.
The Software Product includes two types of software
(i) Software that is owned by ICAZUAL ENTERTAINMENT LIMITED which may include and refer to associated media, and "online" or electronic documentation which collectively will be referred to as "Software Product"
(ii) Other software provided by third parties and used with the Software Product which will be referred to as "Third Party Software".
ICAZUAL ENTERTAINMENT LIMITED grants you the following non-exclusive rights provided you agree to and comply with all terms and conditions of this EULA:
You are hereby authorised to use our software on a single computer or in case of you have purchased multiple user licence, may use the Software Product on more than one computer all of which are owned by you. You may use the Software Product for yourself only and do not have the right to distribute the Software
The Software Product is licensed, not sold, to you by ICAZUAL ENTERTAINMENT LIMITED. ICAZUAL ENTERTAINMENT LIMITED and its suppliers own all right, title and interest in and to the Software Product and reserve all rights not expressly granted to you in this EULA. You agree to refrain from any action that would diminish such rights or would call them into question.
Notwithstanding the terms and conditions of this EULA, all or any portion of the Software Product which constitutes Third Party Software, is licensed to you subject to the terms and conditions of the software license agreement accompanying such Third Party Software whether in the form of a discrete agreement, shrink wrap license or electronic license terms accepted at time of download. Use of the Third Party Software by you shall be governed entirely by the terms and conditions of such license.
To use a Software Product identified by ICAZUAL ENTERTAINMENT LIMITED as an upgrade, you must first be licensed for the original Software Product identified by ICAZUAL ENTERTAINMENT LIMITED as eligible for the upgrade. After upgrading, you may no longer use the original Software Product that formed the basis for your upgrade eligibility and the upgraded software shall be deemed the "Software Product".
This EULA applies to updates or supplements to the original Software Product provided by ICAZUAL ENTERTAINMENT LIMITED unless ICAZUAL ENTERTAINMENT LIMITED provides other terms along with the update or supplement. In case of a conflict between such terms, the other terms will prevail.
The Software Product may only be transferred to another end user as part of a transfer of the computer(s) on which it is installed. Prior to the transfer, the end user receiving the transferred product must agree to all the EULA terms. Upon transfer of your computer(s), your license is automatically terminated and you are no longer permitted to use the Software Product.
You may not rent, lease or lend the Software Product or use the Software Product for commercial time sharing or bureau use. You may not sublicense, assign or transfer the license or Software Product except as expressly provided in this EULA.
All intellectual property rights in the Software Product and user documentation are owned by ICAZUAL ENTERTAINMENT LIMITED or its suppliers and are protected by law, including but not limited to copyright, trade secret, and trademark law, as well as other applicable laws and international treaty provisions. The structure, organization and code of the Software Product are the valuable trade secrets and confidential information of ICAZUAL ENTERTAINMENT LIMITED and its suppliers. You shall not remove any product identification, copyright notices or proprietary restrictions from the Software Product.
Except to the extent that such restriction is not permitted under applicable law, you are not permitted (and you agree not to) reverse engineer, decompile, disassemble or create derivative works of or modify the Software Product. Nothing contained herein shall be construed, expressly or implicitly, as transferring any right, license or title to you other than those explicitly granted under this EULA. ICAZUAL ENTERTAINMENT LIMITED reserves all rights in its intellectual property rights not expressly agreed to herein. Unauthorized copying of the Software Product or failure to comply with the restrictions in this EULA or other breach of the license herein) will result in automatic termination of this Agreement and you agree that it will constitute immediate, irreparable harm to ICAZUAL ENTERTAINMENT LIMITED for which it may initiate any action it deems fit and proper to either safeguard or retrieve its interests.
This EULA is effective unless terminated or rejected. This EULA will also terminate immediately and without additional notice in the event you breach this EULA and/or fail to comply with any term or condition of this EULA.
You agree that ICAZUAL ENTERTAINMENT LIMITED and its affiliates or suppliers may collect and use statistics on your use of the Software Product in performing backup operations and technical information you provide in relation to support services related to the Software Product. ICAZUAL ENTERTAINMENT LIMITED and its suppliers agree not to use this information in a form that personally identifies you except to the extent necessary to provide such services.
You agree that the use of the software product is at your sole risk as to satisfactory quality performance, accuracy and effort. Use of the Software Product may adversely affect the operation of other software and devices. To the maximum extent permitted under applicable law, the Software Product is offered on an "AS-IS" basis and ICAZUAL ENTERTAINMENT LIMITED does NOT warrant that the functions contained in the Software Product will meet your requirements or that the operation of the Software Product will be uninterrupted or error free or that such errors will be corrected. Computer software is inherently subject to bugs and potential incompatibility with other computer software and hardware. You should not use the Software Product for any applications in which failure could cause any significant damage or injury to persons or tangible or intangible property. Except as may be set out in a specific warranty accompanying the software product, to the maximum extent permitted by applicable law, ICAZUAL ENTERTAINMENT LIMITED and its suppliers provide the software product and third party software "as is" and with all faults and without any other warranty of any kind, and hereby disclaim all other warranties and conditions, either express, implied, or statutory, including, but not limited to, warranties of title and non-infringement, any implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, and of lack of viruses all with regard to the software product and third party software. No oral or written information or advice given by ICAZUAL ENTERTAINMENT LIMITED or an ICAZUAL ENTERTAINMENT LIMITED authorized representative shall create a warranty. Some states/jurisdictions do not allow exclusion of implied warranties or limitations on the duration of implied warranties, so the above disclaimer may not apply to you in its entirety. To the extent applicable law requires ICAZUAL ENTERTAINMENT LIMITED to provide warranties, you agree that the scope and duration of such warranty shall be to the minimum extent permitted under such applicable law. In no event does ICAZUAL ENTERTAINMENT LIMITED provide any warranty or representations with respect to any third party hardware or software with which the software product is designed to be used, and ICAZUAL ENTERTAINMENT LIMITED disclaims all liability with respect to any failures thereof.
Notwithstanding any damages that you might incur, the entire liability of ICAZUAL ENTERTAINMENT LIMITED and any of its suppliers under any provision of this EULA and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for the Software Product. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ICAZUAL ENTERTAINMENT LIMITED OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT, THIRD PARTY SOFTWARE AND/OR THIRD PARTY HARDWARE USED WITH THE SOFTWARE PRODUCT, OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THIS EULA), EVEN IF ICAZUAL ENTERTAINMENT LIMITED OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE. Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
You agree to indemnify and hold ICAZUAL ENTERTAINMENT LIMITED and its officers, directors, employees and licensors harmless from any claim or demand (including but not limited to reasonable legal fees) made by a third party due to or arising out of or related to your violation of the terms and conditions of this Agreement, your violation of any laws, regulations or third party rights or your negligent act, omission or wilful misconduct.
You shall comply with all laws and regulations of the United States and other countries ("Export Laws") to ensure that the Software Product is not (1) exported, directly or indirectly, in violation of Export Laws, or (2) used for any purpose prohibited by Export Laws, including, without limitation, nuclear, chemical, or biological weapons proliferation. You further agree that you will not use the Software Product for any purpose prohibited under applicable law.
This EULA is governed by the laws of the places where ICAZUAL ENTERTAINMENT LIMITED and its branches and subsidiaries are registered as legal entities, and exclusive of conflict of law provisions and you attorney to the jurisdiction of the courts of United Kingdom.
This EULA is the entire agreement between you and ICAZUAL ENTERTAINMENT LIMITED relating to the Software Product and it supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software Product or any other subject matter covered by this EULA. To the extent the terms of any ICAZUAL ENTERTAINMENT LIMITED policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control.