END USER LICENSE AGREEMENT
SKY FIGHTER:TRAINING DAY
THIS AGREEMENT CONTAINS A BINDING ARBITRATION CLAUSE. PLEASE READ THE AGREEMENT CAREFULLY BEFORE ACCEPTING ITS TERMS AND CONDITIONS.
1. LIMITED USE LICENSE.
3D Scenica Diseño de Aplicaciones grants you the non-exclusive, non-transferable, limited right and license to install and use one copy of this Application solely and exclusively for your personal use. All rights not specifically granted under this Agreement are reserved by 3D Scenica Diseño de Aplicaciones. This Application is licensed, not sold. Your license confers no title or ownership in this Application and should not be construed as a sale of any rights in this Application.
All title, ownership rights, and intellectual property rights in and to this Application (including but not limited to any trademarks, titles, computer code, themes, objects, characters, character names, stories, dialog, 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 Application) are owned by 3D Scenica Diseño de Aplicaciones or its licensors. This Application is protected by the copyright laws of the E.U, international copyright treaties and conventions and other laws. This Application contains certain licensed materials, and 3D Scenica Diseño de Aplicaciones’ licensors may also protect their rights in the event of any violation of this Agreement.
3. YOU AGREE THAT YOU WILL NOT DO ANY OF THE FOLLOWING:
1.exploit this Application or any of its parts commercially;
2.use this Application, or permit use of this Application, on more than one user device (e.g. computer, handset, PDA or other device) at the same time;
3.make copies of this Application or any part thereof, or make copies of any of its accompanying material;
4.sell, rent, lease, license, distribute, loan or otherwise transfer this Application, or any copies of this Application, without the express prior written consent of 3D Scenica Diseño de Aplicaciones;
5.reverse engineer, decompile, disassemble or otherwise reduce this Application to any human-perceivable form;
6.modify, adapt, translate or otherwise create derivative works based on this Application;
7.disable, modify or otherwise tamper with any anti-piracy/anti-hacking functionality of this Application;
8.remove, disable or circumvent any proprietary notices, marks or labels contained on or within this Application or its accompany material; or
9.export or re-export this Application or any portion, process, copy or adaptation hereof in violation of any applicable laws or regulations. YOU FURTHER ACKNOWLEDGE AND AGREE THAT, if the Application was provided to you for trial use (e.g. for “beta” testing, and/or for a limited trial period or number of uses):
10.you will not use the Application following the expiration of the permitted trial period or number of uses; and
11.the Application may include code designed to prevent you from exceeding these limits, and such code may remain on your user device after deletion of the Application in order to prevent you from installing another copy and repeating the trial period or extending the number of uses.
4. REPRESENTATIONS CONCERNING AGE AND JURISDICTION.
You represent and warrant that you are at least ten (10) years old. Children under the age of ten (10) are not permitted to use the Software. If you reside in a jurisdiction which restricts the use of software according to age, or which restricts the ability to enter into agreements such as this EULA according to age and you are under such age limit, you may not enter into this EULA, download, install or use the Software. If you reside in a jurisdiction where it is forbidden by law to offer or use the Software for internet communication, you may not enter into this EULA, download, install or use the Software. By entering into this EULA, you represent that you have verified in your own jurisdiction that your use of the Software is permitted by law.
5. DISCLAIMER OF WARRANTY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: (a) THIS APPLICATION IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (b) THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THIS APPLICATION IS WITH YOU; (c) FARSIGHT STUDIOS WILL HAVE NO LIABILITY TO YOU FOR ANY REASON BASED ON YOUR USE OF THIS APPLICATION UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION; AND (d) 3D SCENICA DISEÑO DE APLICACIONES ’ ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF ANY SOFTWARE PROVIDED BY OR ON BEHALF OF FARSIGHT STUDIOS WILL BE THE REPLACEMENT OF ANY FARSIGHT STUDIOS SOFTWARE FOUND TO BE DEFECTIVE. SOME JURISDICTIONS MAY NOT ALLOW (OR MAY LIMIT) DISCLAIMERS OF CERTAIN WARRANTIES, IN WHICH CASE THE FOREGOING DISCLAIMERS WILL BE ENFORCED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
6. LIMITATION OF LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: (a) IN NO EVENT WILL 3D SCENICA DISEÑO DE APLICACIONES BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM USE, POSSESSION, MISUSE OR MALFUNCTION OF THIS APPLICATION, INCLUDING WITHOUT LIMITATION DAMAGE TO PROPERTY, LOSS OF GOODWILL, COMPUTER OR HANDHELD DEVICE FAILURE OR MALFUNCTION AND DAMAGES FOR PERSONAL INJURY, EVEN IF FARSIGHT STUDIOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (b) 3D SCENICA DISEÑO DE APLICACIONES ’S LIABILITY WILL IN NO EVENT EXCEED THE ACTUAL PRICE PAID FOR THE LICENSE TO USE THIS APPLICATION. SOME JURISDICTIONS MAY NOT ALLOW CONTRACTUAL LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS AND/OR EXCLUSION OR LIMITATION OF LIABILITY FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, IN WHICH CASE FARSIGHT STUDIOS’S WARRANTY PERIOD AND LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Without prejudice to any other of 3D Scenica Diseño de Aplicaciones’ rights or of your obligations hereunder, the limited license set forth in Section 1 of this Agreement will terminate automatically if you fail to comply with the terms and conditions of this Agreement. In such event, you must destroy all copies of this Application and all of its component parts and related materials.
9. INJUNCTIVE RELIEF.
Because 3D Scenica Diseño de Aplicaciones would be irreparably damaged if the terms of this Agreement were not specifically enforced, you agree that 3D Scenica Diseño de Aplicaciones will be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to any and all other remedies which 3D Scenica Diseño de Aplicaciones s may have under applicable laws.
You agree to indemnify, defend and hold 3D Scenica Diseño de Aplicaciones, its partners, affiliates, contractors, officers, directors, employees and agents harmless from all damages, losses and expenses arising directly or indirectly from your acts and omissions to act in using the Product pursuant to the terms of this Agreement
BY DOWNLOADING THIS TITLE, YOU AGREE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND THAT YOU WILL BE BOUND BY AND COMPLY WITH IT.
3D Scenica diseño aplicaciones , are committed to protecting and respecting your privacy.
DATA PROTECTION COMPLIANCE
The Service is controlled by us from our offices in Spain .Personal information collected from the Service is processed in accordance with the “Organic Law of Personal Data Protection 15/1999 ), which regulates the processing of personal data in the Spain.
If you choose to use the Service from outside Spain, you do so at your own risk, with the understanding that personal information collected from the Service may be collected, stored and used in a country whose privacy laws may be different and less protective than those of your home country.
THE INFORMATION WE COLLECT FROM YOU
You may decide to make certain information available for other users of the Service to see (for example, in the course of playing an online or mobile game). In this context, you should only provide information that you are entirely comfortable with providing, and we strongly recommend that you do not provide any details that could be used to make personal contact with you.
AN IMPORTANT NOTE TO PARENTS OR GUARDIANS
We encourage parents or guardians to take an active interest in their children’s use VR platforms, Their involvement is essential to help ensure a safe and rewarding experience for their children. Parents or guardians should be aware that there are software tools available that screen objectionable content and allow you to prevent children from disclosing their personal information without your permission.
We will not intentionally collect any personal information from children under the age of 13. Children under the age of 13 can participate in all activities on the Service that do not require submission of personal information. They may view, but may not under any circumstances participate in activities that require submission of personal information, such as message boards, contests or sweepstakes.
In addition we take particular care when processing the personal information of children aged 13 or older to ensure that such information is processed in accordance with the Act.
HOW WE USE PERSONAL INFORMATION
We may use personal information collected from the Service to enable your efficient use of the Service, as well as for marketing, promotions, research, analysis, product service and development. Where permitted, we may occasionally use your personal information to contact you by email to inform you about our products.
We will not use your personal information for marketing or promotional purposes without having first obtained your consent to do so. In any further marketing or promotional communications we send to you, we will give you the opportunity to withdraw your consent to receiving such communications in the future. To do so, please follow the unsubscribe instructions on the communications you receive. If you have opted in to allow us to share your personal information with third-party providers of products, content or services that we believe may be of interest to you, you can opt out of further direct communications from any such third party by contacting that third party direct.
We may also use your personal information for the purposes of:
Processing and administering your registration as a member and/or use of paid-for products, content or services.
Performing any contracts concluded between you and us (including our end-user licence agreement), including providing you with the part(s) of the Service that you have requested, along with any support services and any related information and communications.
Running competitions and other promotional events.
Conducting surveys as to the quality of the Service or of parts of it.
Miscellaneous customer service correspondence (such as notifying you of changes to our products, content or services).
Processing details of your personal interests and preferences submitted to us via the Service;
Processing details of your use of the Service (including traffic data, location data and other communication data) and your online or wireless activity on the Service (including information on your game usage, such as your scores and rankings).
Other general or special use that you may permit under any particular request for permission that we may make from to time.
We reserve the right to monitor your account and records to check any complaint or allegation of abuse, infringement of third-party rights or any other unauthorised use of the Service.
DISCLOSURE OF YOUR PERSONAL INFORMATION
We may disclose your personal information to third parties where:
They provide products, content or services to us in connection with your use of the Service.
We sell or buy any business or assets, in which case we may disclose your personal information to the prospective seller or buyer of such business or assets.
Our company or substantially all of our assets are to be acquired by a third party, in which case we may disclose your personal information to the prospective acquirer and personal data held by us about users of the Service will be one of the transferred assets.
We reasonably believe that we need to disclose your personal information to other person(s) (a) by order of any court or governmental or regulatory body of competent authority,
(b) to comply with any legal obligation,
(c) to enforce or apply our Terms of Services or other contracts and/or (d) to protect our, our customers’ or any other third parties’ rights, property or safety (including exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction).
We may also process your personal information to anonymise and aggregate it with other data and to disclose such anonymous and aggregate data to our affiliates and/or business partners.
Certain parts of the Service may allow you to post personal information alongside content generated by you (such as on message boards or through game play). In doing so, you accept that such personal information will be disclosed to other users of the part of the Service concerned, and we are not responsible for information or content that you choose to post in this way. Please think carefully before deciding what information to share in this way, and you are strongly advised not to share any data that would personally identify you (or your address or location).
WHERE WE STORE YOUR PERSONAL INFORMATION
All information you provide to us is stored on secure servers hosted by us or third parties providing hosting, payment or other services for us.
The information we collect from you may be transferred to, and stored at, a destination outside the European Economic Area (“EEA”), including any destination where the privacy laws of the country concerned may be different and less protective than those of EEA countries. It may also be processed by personnel operating outside the EEA who work for us or for one of our suppliers. Such personnel may be engaged in, among other things, the processing of your payment details (where applicable) and the provision of support services.
By submitting your personal information, you agree to this transfer, storing and processing.
Unfortunately, the transmission of information via the internet, mobile networks or wireless technology is not completely secure, nor is any method of electronic storage. You acknowledge and accept that others may intercept or otherwise access the personal information you provide to us, and that any such transmission or storage is at your own risk. Once we have received your information, we use strict procedures and security features to try to prevent unauthorised access.
One easy and important way to protect your personal information is to keep your account password confidential and to close your browser when you are away from your device.
You can check and edit the personal information we hold about you at any time via the Service or by contacting us by email or post (details below).
The Service may interact with other online or mobile products, content or services (such as websites, social networks or mobile applications), including via (a) links from or to the Service, (b) Service log-ins hosted by third-party sites or applications and (c) Service content hosted on third-party sites or applications (such as social media plug-ins).
We may provide some of your personal information to (or receive it from) the operators of such third-party sites or applications, where required for the effective provision of such interactive features (including in the context of in-game or in-site advertising or co-branded offerings provided by us in association with third parties). We are not responsible and accept no liability for their content or their operators’ privacy practices (including any tracking technologies that they may use). Before providing any personal information to them, please refer to their relevant privacy and cookies policies.
ACCES TO YOUR INFORMATION
If you would like a copy of the personal information that we hold about you, just contact us by email. If requested, we will use reasonable efforts to supply, correct or (as appropriate) delete information about you on our files.
HOW TO CONTACT US