PLEASE READ CAREFULLY BEFORE USING THIS PRODUCT: This End-User License Agreement ("EULA") is a legal agreement between (a) you (either an individual or a single entity) and (b) Wicked Interactive Ltd. and Suba Games LLC Inc. (together "Suba Games") that governs your use of any Software Product, installed on or made available by Suba Games for use with your Suba Games' product. The term "Software Product" means computer game software and may include associated media, printed materials and "online" or electronic documentation. An amendment or addendum to this EULA may accompany the Suba Games' product.
BY CLICKING "I AGREE", BREAKING THE SEAL ON THE SUBA GAMES' PRODUCT, REMOVING THE STICKER OR OTHER EULA NOTIFIER FROM THE SUBA GAMES' PRODUCT OR OTHERWISE TAKING ANY STEP TO INSTALL OR USE THE SUBA GAMES' PRODUCT, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. YOU ALSO ACCEPT THIS EULA IF YOU KEEP THE SUBA GAMES' PRODUCT FOR 30 DAYS.
1. GRANT OF LICENSE.
Suba Games grants you the following non-exclusive rights provided you agree to and comply with all terms and conditions of this EULA:
a.) Use. You may use the Suba Games' product on as many computers as you want. You do not have the right to distribute the Software Product. You may load the Software Product into Your Computer's temporary memory (RAM) for purposes of using the Suba Games' product.
b.) Reservation of Rights. The Software Product is licensed, not sold, to you by Suba Games. Suba Games 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.
c.) Free-to-play. Notwithstanding the terms and conditions of this EULA, all or any portion of the Software Product which constitutes non-proprietary Suba Games software or software provided under public license by third parties ("Freeware"), is licensed to you subject to the terms and conditions of the software license agreement accompanying such Freeware whether in the form of a discrete agreement, shrink wrap license or electronic license terms accepted at time of download. Use of the Freeware by you shall be governed entirely by the terms and conditions of such license.
To use a Software Product identified as an upgrade, you must first be licensed for the original Software Product identified by Suba Games as eligible for the upgrade. After upgrading, you may no longer use the original Software Product that formed the basis for your upgrade eligibility.
3. ADDITIONAL SOFTWARE.
This EULA applies to updates or supplements to the original Software Product provided by Suba Games unless Suba Games provides other terms along with the update or supplement. In case of a conflict between such terms, the other terms will prevail.
Restrictions. You may not rent, lease or lend the Software Product or use the Software Product for commercial timesharing or bureau use. You may not sublicense, assign or transfer the license or Software Product except as expressly provided in this EULA.
5. PROPRIETARY RIGHTS.
All intellectual property rights in the Software Product and user documentation are owned by Suba Games or its suppliers and are protected by law, including but not limited to United States 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 Suba Games and its suppliers. You shall not remove any product identification, copyright notices or proprietary restrictions from the Software Product or Suba Games' product.
6. LIMITATION ON REVERSE ENGINEERING.
You may not reverse engineer, decompile, disassemble or create derivative works of the Software Product, except and only to the extent that the right to do so is mandated under applicable law. 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. Unauthorized copying of the Software Product or failure to comply with the above restrictions will result in automatic termination of this Agreement and will constitute immediate, irreparable harm to Suba Games for which monetary damages would be an inadequate remedy, in which case injunctive relief will be an appropriate remedy for such breach.
This EULA is effective unless terminated or rejected. This EULA will also terminate upon conditions set forth elsewhere in this EULA or if you fail to comply with any term or condition of this EULA.
8. CONSENT TO USE OF DATA. You agree that Suba Games and its affiliates or suppliers may collect and use technical information you provide in relation to support services related to the Software Product. Suba Games 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.
9. DISCLAIMER OF WARRANTIES. You acknowledge that the Suba Games' product is for pure enjoyment. The Software Product is offered on an "AS-IS" basis and Suba Games 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. 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. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SUBA GAMES AND ITS SUPPLIERS PROVIDE THE SOFTWARE PRODUCT "AS IS" AND WITH ALL FAULTS, 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. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SUBA GAMES OR A SUBA GAMES 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. IN NO EVENT DOES SUBA GAMES PROVIDE ANY WARRANTY OR REPRESENTATIONS WITH RESPECT TO ANY THIRD PARTY HARDWARE OR SOFTWARE WITH WHICH THE SUBA GAMES PRODUCT IS DESIGNED TO BE USED, AND SUBA GAMES DISCLAIMS ALL LIABILITY WITH RESPECT TO ANY FAILURES THEREOF.
10. LIMITATION OF LIABILITY. Notwithstanding any damages that you might incur, the entire liability of Suba Games 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 greater of the amount actually paid by you for the Suba Games' product or US$1.00. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SUBA GAMES OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, 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, OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THIS EULA), EVEN IF SUBA GAMES 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.
11. COMPLIANCE WITH EXPORT LAWS. 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.
12. CAPACITY AND AUTHORITY TO CONTRACT. You represent that you are of the legal age of majority in your state, province jurisdiction of residence and, if applicable, you are duly authorized by your employer to enter into this contract.
13. APPLICABLE LAW. This EULA is governed by the laws of the Province of Ontario exclusive of conflict of law provisions and you attorney to the jurisdiction of the courts of the province of Ontario with respect to any proceedings arising from this EULA. The parties hereby agree that this Agreement is not governed by the United Nations Convention on Contracts for the International Sale of Goods.
14. ENTIRE AGREEMENT. This EULA (including any addendum or amendment to this EULA which is included with the Suba Games' product) is the entire agreement between you and Suba Games 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 Suba Games ' policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control. In the event of a conflict between the English and any non-English versions of this EULA, the English version shall govern. If any provision of this EULA is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provision of the EULA will remain in force and effect.
© 2013 Subagames.com. The information contained herein is subject to change without notice. The only warranties for Suba Games' product and services are set forth in the express warranty statements accompanying such products and services. Nothing herein should be construed as constituting an additional warranty. Suba Games shall not be liable for technical or editorial errors or omissions contained herein. All rights reserved.