End User License Agreement
This End User License Agreement ( “Agreement” ) is a legally binding agreement between a
person who downloads, installs, accesses or uses the mobile game namely ‘DogemonGo’ (
“you” or “Licensee” ) and FROZEN Ltd., a company having
its registered address at Belize City, Belize (“Licensor”), and governs the use and licensing terms for the game (
“Game” ). The license granted hereunder is conditional upon Licensee’s acceptance of
the terms set forth herein.
By downloading, installing, accessing or using the Game, the Licensee is agreeing to be bound by the
terms and conditions of this Agreement. Do not use the Game until you have read and agreed to the
following terms and conditions. The use of the Game implies automatically the acceptance of the
following terms and conditions.
- 1. Installation and Use
- 1.1 The Licensor hereby grants the Licensee a revocable, non-exclusive, non-transferable and
limited license to use the Game in machine-readable form on any mobile device subject to the
limitations and restrictions set forth in this Agreement.
- 2. Limitations and Restrictions of Use
- 2.1 The Licensee agrees not to, and not to permit others to, directly or indirectly; (a)
reverse assemble, reverse compile, reverse engineer or attempt to derive the source code of
all or any part of the Game; (b) copy, modify, translate, alter, change or collect
information that can be used to create derivative works of all or any part of the Game; (c)
download, copy or collect information that could be used to copy all or any part of the
Game, or access or use all or any part of the Game for any purpose other than as expressly
mentioned herein; (d) assign, sub-license, distribute, rent, lease, grant a security
interest in, or otherwise transfer any rights in the Game to any person; (e) use, copy or
reproduce the Game or any part thereof other than as expressly permitted in this Agreement;
(f) remove any proprietary notices or labels on or in any part of the Game; (g) use the Game
for any illegal purpose or in violation of any local, state, national or international law;
(h) obtain, attempt to obtain or redistribute any data, materials or information available
through the Game or related services through any means not intentionally made available by
the Licensor, including by any form of automated access, scraping or similar process; (i)
interfere with security-related features of the Game including disabling or circumvention of
any such features; or (j) upload or otherwise disseminate any virus, adware, spyware, worm
or other malicious code through the Game.
- 3. Ownership of Intellectual Property
- 3.1 The license granted hereunder does not constitute a transfer of ownership rights in or
to the Game. Except for the rights granted under this Agreement, the Licensor retains all
rights, title and interest in and to the Game including all intellectual property rights
therein. The Game is protected by applicable intellectual property laws of Belize.
- 3.2 The Licensor reserves all rights in the Game not expressly granted to the Licensee in
this Agreement. The Licensee acknowledges and agrees that the Licensor or its third-party
licensors own all rights, title and interest in and to the Game (including codes,
interfaces, technology or text, incorporated therein and look and feel of the Game). If the
Licensee suggests new features or functionality that the Licensor, in its sole discretion,
adopts for the Game, such new features or functionality will be the sole and exclusive
property of the Licensor and any and all claims of the Licensee as to the same are hereby
waived and released. The Licensor reserves the right, in its sole discretion and without
incurring any liability to the Licensee, to update, improve, replace, modify or alter the
specifications for and functionality of all or any part of the Game from time to time.
- 3.3 The name of the Game and the Licensor’s name used in this Agreement including any
related documentation may constitute trademarks of the Licensor or its related third
parties. The Licensee is not authorized to use any such trademarks to promote the Licensee
or its product.
- 4. Privacy
the Game as updated from time to time.
- 5. Termination
- 5.1 This Agreement shall be effective upon downloading and installation of the Game by the
Licensee and shall expire upon the earlier of: (i) the Licensee’s failure to comply with any
term of this Agreement; or (ii) return, deletion or uninstallation of all copies of the Game
by the Licensee.
- 6. Disclaimer of Warranties
- 6.1 The Licensee expressly acknowledges and agrees that use of the Game is at Licensee’s
sole risk and discretion. The Game and any services provided hereunder are provided "as is",
without warranties or promises, whether express or implied, or by statute, common law,
custom, usage or otherwise. The entire risk as to the satisfactory quality, performance,
accuracy and effort of the Game (if any) shall be with the Licensee. There is no
representation or warranty herein against interference with the Licensee’s enjoyment or
infringement of the Licensee’s rights under this Agreement. The Licensor and its third party
licensors disclaim any and all other express or implied representations and warranties with
respect to the Game, third party app and any services provided hereunder, including any
express or implied warranty of merchantability, fitness for a particular purpose,
satisfactory quality, non-infringement or that the Licensee’s use of the Game will be
uninterrupted, virus-free or error-free.
- 7. Exclusive Remedies
- 7.1 Any liability of the Licensor for a defective copy of the Game will be limited
exclusively to replacement of the Licensee’s copy of the Game with another copy.
- 8. Limitations of Liability
- 8.1 In no event will the Licensor or its third party licensors be liable to the Licensee for (a) any consequential, incidental, exemplary, punitive or special damages, including any losses relating to the Licensee or the Licensee’s business, such as lost data, lost profits, business interruption or lost savings, even if the Licensor or its third party licensors have been advised of the possibility of such damages, or (b) any claim by any third party as a result of use by the Licensee of the Game. Some jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages, so the foregoing limitations may not apply. If the Licensee could have avoided damages by taking reasonable care, neither the Licensor nor its third party licensors will be liable for such losses.
- 9. Governing Law and Forum
- 9.1 This Agreement will be governed in all respects, by and construed in accordance with the laws of Belize, without reference to its principles relating to conflicts of law. The Licensor and the Licensee agree that any action arising out of or related to this Agreement must be brought exclusively in a court of Dubai. The Licensor shall have the right to commence and prosecute any legal or equitable action or proceeding before any court of competent jurisdiction to obtain injunctive or other relief against the Licensee in the event that, in the opinion of the Licensor, such action is necessary or desirable.
- 10. Entire Agreement and Assignment
- 10.1 Except as expressly provided herein, this Agreement constitutes the entire agreement between the parties hereto with respect to the use of the Game. No amendment to or modification of this Agreement or action or delay, will be binding unless in writing and signed by the Licensor.
- 10.2 The Licensor may assign this Agreement, in whole or in part, at any time with or without notice to the Licensee. The Licensee may not assign, delegate or otherwise transfer this Agreement or assign, transfer or sublicense any rights in the Game.
- 11. Severability
- 11.1 If any provision of this Agreement is or becomes, at any time or for any reason, unenforceable or invalid, no other provision of this Agreement shall be affected thereby, and the remaining provisions of this Agreement shall continue with the same force and effect as if such unenforceable or invalid provisions had not been inserted in this Agreement.
- 12. Waiver
- 12.1 The waiver by either party hereto of any breach of any provisions of this Agreement shall not operate or be construed as a waiver of any other or a subsequent breach of the same or a different provision.