This agreement specifies the terms and conditions for use of the GameTanium™ software and/or any other software developed and/or provided by Exent Technologies ltd. (”Exent” or "us") ("Software”) which may be licensed to you in connection with your use of the GameTanium™ applications on demand service (“Service”) made available to you by Exent. The term “software” also includes any documentation and/or associated materials provided to you in connection therewith.
This agreement is important. Before downloading, installing and/or using the software, you must carefully read and agree to all of the terms and conditions of this agreement set forth below.
Please note that this agreement is a legal agreement between you ("You" "Your" or "User") and Exent. In any event, by clicking on the button labeled "Submit", "Download", "i Accept", "I Agree", "Open", "Save" or any other similar links as may be designated by Exent and/or by installing or using the software, you agree to be bound by the terms of this agreement. If you do not agree to all of the terms and conditions of this agreement, do not install and/or use the software or click on the "I Do Not Agree" button and cancel operation of the software.
Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, you hereby agree to the use of electronic signatures, contracts, orders and other records and to electronic delivery of notices, policies and records of transactions initiated or completed through the software. Further, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records.
Subject to all the terms of this Agreement, Exent grants to You a limited, personal, non-exclusive, non-transferable non sub-licensable, non-assignable license, pursuant to the terms and conditions hereof, to install and use one copy of the Software on an Android™ operated mobile devices (“Mobile Device”) owned and controlled by You, solely in connection with Your use of the Service. The Software provides You with the means to use third party software applications (mainly digital video games) made available on the Service (“Third Party Applications”).
Exent is entitled, at any time and for whatever reason, to limit, deny, create different priorities to different users, modify, or cancel some or all of the functionality or content of the Software or the Service without prior notice. Exent may elect in its sole discretion to condition the continuation of this license on You accepting software improvements, corrections, adaptations, and conversions to more recent Software versions or any other changes to the Software or the Service.
The Software and any part thereof, is the proprietary product of Exent or its licensors and is protected by copyright laws and international copyright treaties, as well as other U.S. and international laws. You agree that You shall not (and will not permit any third party) to: (a) copy or permit others to copy all or any portion of the Software; (b) remove any product identification, copyright, trademark or other proprietary notice or disclaimer from the Software; (c) disclose, distribute or otherwise make available the Software to any other party; (d) rent, lease, loan, sublicense, sell, assign or otherwise transfer the Software; (e) use a previous version or copy of the Software after You have received an upgraded version as a replacement of the prior version; (f) modify, adapt, translate or attempt to hack any communication initiated by the Software or to defeat or overcome any encryption and/or other technical protection methods implemented by Exent or its third party partners with respect to the Software and/or any data or file transmitted, processed or stored on or through the Software; (g) reverse engineer, de-compile, disassemble, alter, duplicate, modify, make copies, create derivative works from, distribute or provide others with the Software in whole or part, or otherwise transmit the Software over a network; (h) through the use of any third party software application or otherwise, alter or modify the values stored by the Software in Your Mobile Device’s memory, on Your Mobile Device’s hard disk, or in Your Mobile Device’s registry, or, with the exception of completely uninstalling the Software, otherwise modify, alter or block the functioning of the Software; (i) use automated means, including scripts, batch files, emulators or any others means, to control the operation of the Software.
Furthermore, You agree not to use the Software to: (a) transmit or communicate any data or perform any activity, that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (b) harm minors in any way; (c) impersonate any person or entity or falsely state or otherwise misrepresent Your affiliation with a person or entity; (d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any data transmitted to other users; (e) transmit, access or communicate any data that You do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non- disclosure agreements); (f) transmit, access or communicate any data that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (g) transmit or communicate any data that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (h) disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges; (i) interfere with or disrupt the Software; (j) intentionally or unintentionally violate any applicable local, state, national or international law, including any rules and regulations of any securities exchange, any rules, regulations, requirements, procedures or policies in force from time to time relating to the Software, and any export or re-export laws, rules and regulations; (k) collect any information or communication about the users of the Software by monitoring, interdicting or intercepting any process of or communication initiated by the Software or by developing or using any software or any other process or method that engages or assists in engaging in any of the foregoing; (l) “stalk” or otherwise harass another; (m) modify, delete or damage any information contained on the personal computer of any other user; (n) collect or store personal data or other information about other users; (o) intentionally make available "spoofed" files or data, or files or data with any type of information designed to misidentify the actual content of a file or which is intended to mislead the recipient of the file; (p) utilize the Software for any non-personal or commercial purpose or for the benefit of any third party or charge any person for the use or distribution of the Software; (q) remove any proprietary notices from the Software; (r) take any steps to interfere with or in any manner compromise any of security measures with respect to the Software or any data or file transmitted, processed or stored on or through the Software; (s) perform any activity which will or may breach the rights of any third party; or (t) engage in commercial activities including, but not limited to, offering for sale any products or services, soliciting for advertisers or sponsors or selling, licensing or granting public access to any content or other information offered on the Service.
The software is provided "as is", and on "as available" basis without representation or warranty of any kind, either express, implied or statutory, including but not limited to implied warranties of merchantability, fitness for a particular purpose and noninfringement of third party rights. Exent does not warrant that the functions contained in the software will meet your requirements or expectations, or that the operation of the software will be uninterrupted or error-free, or that defects in the software will be corrected. You assume the entire risk as to the results and performance of the software. You shall be solely responsible for any damage to your mobile device or the interruption of use, loss or corruption of data stored on your mobile device resulting from the use of, or inability to use, the software. Because some jurisdictions do not allow the exclusion of implied warranties, the above exclusions may not apply to you.
You agree to indemnify, hold harmless and defend Exent and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, at your expense, against any and all third party claims or demands, actions, proceedings and suits and all related liabilities, damages, settlements, penalties, fines costs and expenses (including, without limitation, reasonable attorney's fees and other dispute resolution expenses) incurred by Exent, due to or arising out of data you submit, post to, transmit or communicate through the software, your use or misuse of the software, your connection to other users, your violation of this agreement, or your violation of any rights of another.
You understand and agree that in no event shall Exent, its employees, suppliers, directors, licensors, partners, agents and/or service providers be liable for any losses or damages whatsoever, whether in contract, tort or otherwise, arising out of (A) Your use of, or inability to use, the software and/or third party applications, (B) The interruption of use, loss or corruption of data stored on your mobile device , (C) The interruption or inability to use your mobile device, or (D) Any other matter relating to your use of the software and/or third party applications, including by way of illustration and not limitation, direct, indirect, special, incidental, consequential or exemplary damages, including legal fees, lost profits, lost business or lost opportunity, even if Exent has been advised of the possibility of such damages. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for certain types of damages, in such states or jurisdictions, Exent’s liability shall be limited to the extent permitted by law. The foregoing disclaimers of warranty and limitations of liability constitute an essential part of this agreement. The liability of Exent, or (subject to any different limitations of liability in third party EULAs) its third party licensors, providers or suppliers, for all categories of damages shall not exceed a pro rata credit for the subscription fees (excluding all taxes) you have paid to Exent for the service during the six (6) month period prior to when such claim arose, which shall be your sole and exclusive remedy regardless of the type of claim or nature of the cause of action. The foregoing limitations shall apply to the full extent permitted by law, and are not intended to assert any limitations or defences which are prohibited by law.
Further, and without limiting the foregoing, you expressly acknowledge and understand that by using the internet and/or the software and/or the service and/or any third party application and/or content, you may be exposed to content that may be deemed offensive, indecent, or objectionable, contaminated files, computer viruses, eavesdropping, harassment, electronic trespassing, hacking and other harmful acts or consequences that might lead to unauthorized invasion of privacy, loss of data and other damages. Notwithstanding the foregoing, you agree to use the software and service at your sole risk and that Exent shall not be liable with respect to any of the foregoing and you hereby waive any claim, demand and cause of action against Exent with respect thereto.
The Software is licensed, not sold. You agree that the Software belongs to Exent, including without limitation all rights, title and interests in and to the Software and all copies thereof, all of which are proprietary and contain valuable trade secrets of Exent. You agree that You neither own nor hereby acquire any claim or right of ownership to the Software, any part thereof or to any intellectual property right embodied in the Software. Any and all modifications or enhancements to the Software made by or authorized by You or Exent remain the sole property of Exent. All Third Party Applications are the property of the applicable owner of such third Party Applications and are protected by applicable copyright law. This Agreement gives You no rights to such Third Party Applications.
You agree that in connection with Your use of the Software Exent may collect and use personal, technical and related information and data, including but not limited to technical information about Your MOBILE DEVICE , system and application software, and regarding Your use of the Software and/or any other application available on the Service (“User Information”), with the intent to facilitate the provision of software updates, product support and other services to You related to the Software and Service and to verify compliance with the terms of this Agreement. Please see our Privacy Policy for additional details on how Exent handles and treats the User Information. You agree to the collection, use, and sharing of Your User Information as set forth in the Privacy Policy.
The Software is controlled by certain export laws and regulations. The Software may not be exported or re-exported to any country or person to which the United States and or Israel prohibit the export of goods, technology or services. By downloading the Software, You are (a) representing that You are not a national of any country to which the United States and or Israel prohibit the export or re-export of goods, services or technology; and (b) agreeing to fully comply with all the export and re-export restrictions, laws and regulations of any such authority (iii) You will not transfer, or authorize the transfer, of the Software to a prohibited country or otherwise in violation of any such restriction or regulations.
The license for the Software shall be effective from the date You download the Software until the date of termination. Exent may terminate this license at any time without prior notice. In addition, the license for the Software automatically terminates upon termination or expiration of Your subscription to the Service.
This Agreement shall be governed by the laws of the state of Israel. Any dispute or action in connection with this Agreement shall be brought exclusively to the competent courts in the state of New York, which shall have sole and exclusive jurisdiction over any such dispute and action, and You irrevocably agree to the jurisdiction of such courts. You agree that regardless of any statute or law to the contrary, any claim or cause of action You may have arising out of, related to or connected with the use of the Service, Software or this Agreement must be filed by You within six (6) months after such claim or cause of action arose or be forever barred.
You acknowledge that you have read this agreement, understand it, and agree to be bound by its terms and conditions. you further agree that it is the complete and exclusive statement of this agreement between you and Exent, which supersedes any agreement, oral or written, and any other communication between you and Exent relating to the subject matter of this agreement.