OUTFIT7 END-USER LICENSE AGREEMENT
The terms of this End-User License Agreement ("EULA" or “Agreement”) govern the relationship between You and Outfit7 Limited – having its registered address at 1st Floor Sackville House, 143-149 Fenchurch Street, EC3M 6BN London, United Kingdom, and its business address at Agiou Georgiou, 4607 Pissouri, Cyprus (which, together with its subsidiaries and affiliates, is hereon in referred to as “Outfit7” or “Us”) regarding Your use of the application distributed by Outfit7 that You installed, as well as any and all related updates and upgrades that replace or supplement the application in any respect (the “Application” or “App”), unless any such update or upgrade is accompanied by a separate license in which case the separate license shall govern.
The use of the Application is also governed by Outfit7’s Video Policy, located online at http://outfit7.com/video-policy/ (“Video Policy”), which is incorporated in the Agreement by this reference.
If You download the Application from any online market for software applications that operate on devices powered by the operating system (e.g. Apple App Store, Google Play, and Microsoft Store, PlayStation Store, Nintendo Game Store) or if You play the Application online (when this is available), You acknowledge that You have reviewed and accepted the terms of service applicable to such online market, platform, or operating system (“Special Terms”).
BY INSTALLING, USING, OR OTHERWISE ACCESSING THE APPLICATION YOU AGREE TO THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, OR DO NOT WISH TO BE BOUND BY THEM, PLEASE DO NOT INSTALL, USE, OR OTHERWISE ACCESS THE APPLICATION. IN THE EVENT OF A CONFLICT BETWEEN THE TERMS OF THIS EULA AND ANY SPECIAL TERMS, THE TERMS OF THIS EULA SHALL ALWAYS PREVAIL.
The main characteristics of each Application can be found in the app stores’ descriptions and/or in the “How to Play” section within the Application as the case may be.
1.1 LIMITED LICENSE GRANT
Through the purchase or use of the Application, You are acquiring and Outfit7 grants You a personal, revocable, limited, non-exclusive, non-sublicensable, non-transferable license to install and use the Application for Your own non-commercial use, subject to the limitations defined in this EULA. The Application is being licensed to You and You hereby acknowledge that no title or ownership of the Application is being transferred or assigned to You and this EULA is not to be construed as a sale of any rights of the Application. Your rights granted herein are subject to Your compliance with this EULA and You agree not to use the Application for any other purpose. Any commercial use is prohibited.
1.2 LICENSE LIMITATIONS
Any use of the Application in violation of these License Limitations is strictly prohibited and can result in the immediate revocation of Your Limited License and may trigger Your liability for violations of law.
Unless You have received prior written authorization from Outfit7, You agree not to:
- use cheats, automation software, bots, hacks or any other unauthorized software designed to modify or interfere with the Application and/or any files that are part of the Application;
- commercially exploit the Outfit7 Application, its Gameplay, Characters, Design, 2D or 3D models, Artwork or any other part of the Application;
- create Derivative Works of the Application;
- access or use the Application with any technology or means other than those provided in the Application, or through other explicitly authorized means that Outfit7 may designate;
- make a copy of the Application available on a network where it could be used by multiple users;
- register domain names, social media accounts or related addresses that include Outfit7’s trademarks;
- use the Application or related assets and/or Outfit7’s trademarks on or in connection with content that (i) promotes cheats, hacks, violence, discrimination, inappropriate themes, illegal activities, or sexually explicit content; (ii) makes untrue, dishonest, disparaging, or libelous statements about Outfit7 and/or its products, employees, and agents; and/or (iii) contains other objectionable content;
- resell, copy, transfer, distribute, display, translate, or modify the Application or make derivative works of the Application or any part thereof;
- re-use, copy, or distribute text, pictures, music, barcodes, video, data, hyperlinks, displays or any other content provided by the Application;
- redistribute, sublicense, rent, publish, perform, sell, assign, lease, market, transfer, or otherwise make the Application available to third parties;
- seek to disable, reverse engineer, decompile or otherwise attempt to extract the source code of the Application or any part thereof, unless this is expressly permitted or required by applicable law or by the licensing terms governing the use of any open-sourced components included within the Application;
- delete, obscure, or in any manner alter any warning, notice (including but not limited to any copyright or other proprietary rights notice), or link that appears in the Application;
- use the Application when operating vehicles;
- remove or alter Outfit7’s trademarks or logos or legal notices included in the Application or related assets;
- use the service to try to gain unauthorized access to any service, data, account or network by any means;
- post any information that contains nudity, violence, or offensive subject matter or that contains a link to such content;
- make an attempt to or harass, abuse, threaten, defame or otherwise infringe or violate the rights of any other party;
- use the Application in any way that is unlawful, fraudulent, or deceptive;
- use technology or any other means to access Outfit7’s proprietary information not authorized by Outfit7;
- use or launch any automated system to access Outfit7’s website or computer systems;
- attempt to introduce viruses or any other malicious computer code that interrupts, destroys, or limits the functionality of any computer software, hardware, or telecommunications equipment;
- attempt to gain unauthorized access to Outfit7’s computer network or user accounts;
- encourage conduct that would constitute a criminal offense, or would give rise to civil liability; or
- use the Application in any manner not expressly allowed in this EULA.
Outfit7 reserves the right to determine in its sole discretion what kind of conduct is considered to be in violation of the terms of this EULA. Furthermore, Outfit7 reserves the right to take appropriate action as a result of Your violation of the terms of this EULA, including but not limited to prohibiting You from using the Outfit7 Application in whole or in part.
1.3 ALLOWABLE USES OF THE APPLICATION
USE OF THE APPLICATION AND ANY OF YOUR INFORMATION TRANSMITTED IN CONNECTION WITH THE APPLICATION IS LIMITED TO THE FUNCTIONALITY OF THE APPLICATION AND TO THE LIMITED LICENSE GRANT AS OUTLINED ABOVE. YOU MAY NOT OTHERWISE USE THE APPLICATION OR ANY COMPONENT OF IT, EXCEPT AS EXPRESSLY AUTHORIZED BY OUTFIT7 IN WRITING IN ADVANCE.
2. ACCESSING AND DOWNLOADING THE APPLICATION FROM THE APPLE APP STORE
The following applies to any Application accessed through or downloaded from the Apple App Store (“App Store Sourced Application”):
- You acknowledge and agree that (i) this EULA is concluded between You and Outfit7 only, and not Apple; and (ii) Outfit7, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the Apple App Store Terms of Service.
- You will use the App Store Sourced Application only (i) on an Apple-branded product that runs iOS (Apple’s proprietary operating system software); and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service.
- You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
- In the event of any failure of any App Store Sourced Application to conform to any applicable warranty, You may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to You and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Outfit7 and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Outfit7.
- You and Outfit7 acknowledge that, as between Outfit7 and Apple, Apple is not responsible for addressing any claims You have or any claims of any third party relating to the App Store Sourced Application in Your possession and use of the App Store Sourced Application, including but not limited to (i) product liability claims; (ii) any claim that an App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- You and Outfit7 acknowledge that, in the event of any third party claim that an App Store Sourced Application or Your possession and use of that App Store Source Application infringes that third party’s intellectual property rights, as between Outfit7 and Apple, Outfit7, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this EULA.
- You and Outfit7 acknowledge and agree that Apple and its subsidiaries are third party beneficiaries of this EULA and that upon Your acceptance of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA.
- By using the App Store Sourced Application You represent and warrant that (i) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.
- Without limiting any other terms of this EULA, You must comply with all applicable third party terms of agreement when using the App Store Sourced Application.
ACCESSING AND DOWNLOADING THE APPLICATION FROM THE PLAYSTATION STORE
The following applies to any Application accessed through or downloaded from the PlayStation Store:
- You acknowledge and agree that: (i) this EULA is concluded between You and Outfit7 only, and not between Sony Interactive Entertainment, Inc., Sony Interactive Entertainment LLC, Sony Interactive Entertainment Europe Ltd. (“SIE Group Company”) and You; (ii) Outfit7, not SIE Group Company, is solely responsible for the Application;
- You acknowledge and agree You are granted a limited license to use the Application only on a system that You own or control or other such system to which the Application is delivered by PlayStation Network (PSN); and
- You and Outfit7 acknowledge and agree that each SIE Group Company is third party beneficiary of this EULA and that upon Your acceptance of this EULA, each SIE Group Company will have the right (and will be deemed to have accepted the right) to enforce this EULA.
ACCESSING AND DOWNLOADING THE APPLICATION FROM THE MICROSOFT STORE
The following applies to any Application accessed through or downloaded from the Microsoft Store:
- You acknowledge that Microsoft Corporation or its affiliates have no obligation whatsoever to provide support or other services with respect to the Application;
- You acknowledge and agree that to the maximum extent permitted by applicable law, Microsoft Corporation and its affiliates will have no warranty obligation whatsoever with respect to the Application. Any other liabilities and damages for any failure to conform to any warranty will be the sole responsibility of Outfit7.
3. USER CONTENT
Notwithstanding anything to the contrary stated in this EULA, You are allowed to create and use “User Content” (as defined below) in a non-modified form (exactly as produced by the Application) subject to the License Limitations and Specific Rules for User Content defined herein.
Any modification of User Content created by the Application or incorporation of such User Content into other works requires explicit written approval from Outfit7. You are expressly prohibited from sub-licensing, renting, leasing, transferring or otherwise distributing the Application or rights to use the Application. This EULA does not entitle You to receive, and does not obligate Outfit7 to provide, hard-copy documentation, support, telephone assistance, or enhancements or updates to the Application.
3.1 SUBMISSIONS OF USER CONTENT
The Application may allow You to create content such as videos, data, photographs, messages, graphics, text, and other information (“User Content”), and to share such User Content with Outfit7 or with other sites, including social networking sites, as You may designate. You are solely responsible for Your User Content that you upload, publish, display, link to or otherwise make available (hereinafter, “share”) on or through the Application, and You agree that Outfit7 is only acting as a passive conduit for Your online distribution and publication of Your User Content.
The Application may enable sharing of User Content in two ways: (i) one-to-one (e.g. through SMS, email, KakaoTalk, and Facebook message); and (ii) one-to-many (e.g. Facebook, YouTube, Twitter, Everyplay, email). Unless explicitly stated otherwise herein, no User Content is stored by Outfit7 and Outfit7 only acts as a passive conduit, offering You a platform to create User Content and (solely to help You and for the sake of improving user experience) referring You to a third-party service (e.g. email client, Facebook, Twitter, or YouTube application) where You can decide what User Content to share, how, when and with whom.
You understand that unless explicitly stated otherwise herein Outfit7 has no control over the access to Your User Content, the sharing of Your User Content, the privacy or confidentiality of Your User Content and that You, together with the third-party service providers (e.g. Facebook, YouTube, Twitter), are subject to the terms of service of said third-party service providers and have the sole control over such User Content.
You agree not to share User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to You, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking them for personally identifiable details, or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that Outfit7 deems to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (vii) contains any information or content that You do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that You know is not correct and current.
If You believe that certain User Content shared through the Application, but stored on third-party services (e.g. Facebook, YouTube, etc.), is infringing Your rights, please contact the respective third-party service provider where such User Content is stored.
You agree that any User Content that You share does not and will not violate third-party rights of any kind, including and without limitation any “Intellectual Property Rights” (as defined in Section 7 herein) or rights of publicity and privacy. To the extent that Your User Content contains music, You hereby represent that You are the owner of all the copyright rights, including and without limitation, the performance and the mechanical and sound recording rights, with respect to each and every musical composition (including lyrics) and sound recording contained in such User Content and that You have the power to grant the license granted below.
Notwithstanding anything to the contrary stated herein, Outfit7 reserves the right in its sole discretion to review, monitor, prohibit, edit, delete or otherwise make unavailable any User Content at any time without notice for any reason or no reason at all. By entering into this EULA You hereby provide Your irrevocable consent to such monitoring and You acknowledge and agree that You have no expectation of privacy concerning the sharing of Your User Content. If Outfit7 at any time decides, in its sole discretion, to monitor User Content, Outfit7 does not assume any responsibility for User Content and/or has no obligation to remove or edit any inappropriate User Content.
3.2 LICENSE GRANT FOR THE USER CONTENT
By creating User Content through Outfit7 Applications, You expressly grant, and You represent and warrant that You have a right to grant to Outfit7 a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, monetize, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of, and otherwise exploit, all such User Content, as well as Your name, user name, voice, and/or likeness as contained in Your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Application and Outfit7’s (and its successors’ and affiliates’) business, including and without limitation for promoting and redistributing part or all of the Application (and any derivative works thereof) or any Outfit7 Application in any media formats and through any media collections and in connection with various advertisements, such as banner ads, mobile ads, and video ads. You also hereby grant each user of the Application a non-exclusive license to access Your User Content through the Application, and to use, reproduce, distribute, display, and perform such User Content as permitted through the functionality of the Application or the Internet and under this Agreement.
3.3 SPECIFIC RULES FOR USER CONTENT
By creating User Content through Outfit7 Applications you agree to these Specific Rules that outline Your use of any Outfit7’s Intellectual Property Rights:
- User Content will be used for the sole purpose of non-commercial displaying, identifying, and discussing Outfit7 Applications in accordance with these Specific Rules. You are not allowed to create new applications, products, and/or content based on Outfit7 Intellectual Property Rights, even if such content would be free.
- You are not permitted to charge any kind of fees from customers or visitors of Your User Content, unless You obtained express prior written approval from Outfit7.
- Outfit7, in its sole discretion, reserves the right to monetize or use User Content or its parts created through Outfit7 Applications. To the extent that Outfit7 does not use its right to monetize the User Content, You may monetize Your User Content by using advertisements, however You are solely responsible for ensuring that such advertisement is compliant with any and all applicable laws, rules, regulations and developer policies.
- You must not create and use the User Content under the impression that Outfit7 is a creator or sponsor of Your User Content. Furthermore, You are also not allowed to create any materials from Outfit7’s Intellectual Property Rights that are similar to Outfit7’s logos, trademarks, or any other elements of Outfit7’s Intellectual Property Rights. You are not permitted to modify in any way Oufit7’s Intellectual Property Rights without the express prior written approval of Outfit7.
- Unless You obtained prior written approval from Outfit7, You are not allowed to manufacture or distribute (for free or otherwise) any physical items that bear any of Outfit7’s Intellectual Property Rights.
Outfit7 reserves the right to determine, in its sole discretion, which User Content is in accordance with the above-mentioned Specific Rules and may revoke the Limited License in this EULA at any time and for any reason.
3.4 LIMITATION OF LIABILITY FOR USER CONTENT
Outfit7 takes no responsibility and assumes no liability for any User Content that You or any other user or third party creates with the Application or shares through the Application. You shall be solely responsible for Your own User Content and the consequences of sharing or publishing it. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Content that You send, upload, download, stream, post, transmit, display, share or otherwise make available or access through Your use of the Application is solely Your responsibility. In connection with Your User Content and in addition to any other representations and warranties contained in this EULA, You affirm, represent, and warrant the following:
1. You have the written consent of each and every identifiable natural person in the User Content to use such person’s name or likeness in the manner contemplated by the Application and this EULA, and each such person has released You from any liability that may arise in relation to such use.
2. Your User Content and Outfit7's use thereof as contemplated by this EULA and the Application will not infringe any rights of any third party, including but not limited to any Intellectual Property Rights, privacy rights, and rights of publicity.
3. Outfit7 may exercise the rights to Your User Content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.
4. Outfit7 is not responsible for any public display or misuse of Your User Content. You understand and acknowledge that You may be exposed to User Content that is inaccurate, offensive, indecent, objectionable, or inappropriate for children, and You agree that Outfit7 shall not be liable for any damages you allege to incur as a result of such User Content.
You must provide, at Your own expense, the equipment, Internet connections, or mobile devices and/or service plans to access and use the Application. Outfit7 does not guarantee that the Application is available in all geographic locations. You acknowledge that when You use the Application, Your wireless carrier may charge You fees for data, messaging, and/or other wireless access. Check with Your carrier to see if there are any such fees that apply to You. You are solely responsible for any costs You incur to access the Application from Your mobile device and/or PC device. Your right to use the Application is also predicated on Your compliance with any applicable terms of agreements You have with third parties when using the Application.
5. IN-APP PURCHASES
Although some of our Applications are free to download, all of our Applications may offer in-app purchases, including subscriptions (“In-App Purchases”). Even though our free-to-download Applications offer In-App Purchases, You can play and access all levels of said Applications and all of the features necessary to progress within said Applications without making any In-App Purchases using real money.
In-App Purchases may be made only upon entering Your app store password and You are responsible for maintaining the security of such password. Your authentication and security maintaining are subject to the specific terms of the app store and the operating system (“OS”) of Your mobile device. You should be aware of the iOS’ 15-minute and Android’s 30-minute window after downloading an Application, during which time In-App Purchases may be made without the insertion of an app store password. You should also take into account that OS 2.1 or older versions of Android mobile phones do not require the entering of an app store account password to carry out In-App Purchases.
By completing an In-App Purchase You obtain a limited, personal, non-transferable, non-sublicensable, revocable license to use virtual currency, virtual items, and other virtual content (“Virtual Items”) within our Application. Virtual Items are not redeemable or subject to refund and cannot be traded outside of the Application for money or other items of value. Outfit7 may manage, regulate, control, modify or eliminate Virtual Items and the price for Virtual Items at any time, with or without notice. Outfit7 shall have no liability to You or any third party in the event that Outfit7 exercises any such rights.
By signing up for a subscription, You agree that Your subscription will be automatically renewed and, unless You cancel Your subscription, You authorize us to charge Your account for the renewal term. The period of auto-renewal and the price of subscription will be the same as Your initial subscription period and price, unless otherwise disclosed to You at the time of sale. You can manage Your subscriptions in Your app store account settings. You should be aware that deleting the Application from Your device does not always result in the cancellation of Your subscription. For more detailed information on how to manage In-App Purchases, please see our Frequently Asked Question available at http://outfit7.com/contact/.
In-App Purchases range from EUR 0.89 to EUR 99.99. All rates are in EUR currency and are subject to change and localization to the local currency, which shall be done by the app store from which You downloaded the App, meaning that the prices may vary plus/minus 15%. You should always check the prices in the Application to get the real values of the Virtual Items You want to buy in Your territory.
In-App Purchases are subject to the payment terms and conditions of the mobile platform (e.g. iOS Platform, Android Platform, Windows Platform, etc.) from which You make Your purchase. Outfit7 does not control or manage the payment process. Please review the relevant terms and conditions of the applicable platform provider before making any In-App Purchases.
ALL PURCHASES ARE FINAL. YOU HEREBY ACKNOWLEDGE THAT OUTFIT7 IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS/SUBSCRIPTIONS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY, UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW.
WAIVER TO THE RIGHT OF WITHDRAWAL
You hereby acknowledge that by clicking “BUY”, “PURCHASE”, or similarly described button, in order to make an In-App Purchase, Outfit7 provides You with immediate access to and performance of the digital content, without having to wait for the 14-day withdrawal period. You hereby expressly consent and acknowledge You waive Your right of withdrawal from such purchase.
6. TERM AND TERMINATION
The term of this EULA shall commence on the date You install or otherwise use the Application and shall end on the earlier of the date of Your disposal of the Application or Outfit7’s termination of this EULA. You may terminate this EULA by uninstalling the Application.
Uninstalling the Application does not result in a refund of the amount paid for the Application. Outfit7 reserves the right, using its sole discretion, to terminate this EULA, or request that You remove the Application from Your device for any reason, including but not limited to Outfit7’s reasonable conclusion that You have violated this EULA. Promptly upon termination, You must cease all use of the Application and destroy all copies of the Application in Your possession or control.
Termination will not limit any of Outfit7’s other rights or remedies at law or in equity. If any of the platforms disable the ability to use the Application on Your device pursuant to Your agreement with such platform, any associated license rights with Outfit7 will terminate as well.
7. RESERVATION OF RIGHTS
You have obtained a license to the Application and Your rights are subject to this EULA. Except as expressly licensed to You herein, Outfit7 reserves all rights, titles, and interests in the Application. This license is limited to the intellectual property rights of Outfit7 and does not include any rights to other patents or intellectual property.
Outfit7 retains all rights, titles, and interests in and to the Outfit7 Intellectual Property Rights, as defined below, whether registered or not, and all Applications thereof, except of the copyright of the third-party technology. The Outfit7 software is protected by applicable laws and treaties throughout the world.
For the purposes of this EULA, “Intellectual Property Rights” means all patent rights, trade names, proprietary rights, copyright rights, titles, computer codes, audiovisual effects, themes, characters, character names, stories, dialog, settings, artwork, sound effects, musical works, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
8. THIRD-PARTY CONTENT
8.1 THIRD-PARTY TECHNOLOGY
The following list includes only those Commercial Third-Party Technologies that require such disclosure in accordance with their license:
• NGUI: Some of our Applications use the NGUI library licensed under the NGUI Site License: http://www.tasharen.com/?page_id=140.
• Unity: For some Applications we use Unity Software to develop such Applications and by using such Applications You agree to be bound by the Unity Terms of Service available at https://unity3d.com/legal/terms-of-service.
To the extent there is conflict between the license terms covering the Open-Source Components and this EULA, the terms of such licenses will apply in lieu of the terms of this EULA. To the extent that the terms of the licenses, applicable to Open-Source Components, prohibit any of the restrictions in this EULA with respect to such Open-Source Component, such restrictions will not apply to such Open-Source Component. To the extent that the terms of the licenses applicable to Open-Source Components require to make available the source or object form of the Open-Source Component or any modifications to it, You may obtain it here: http://outfit7.com/credits/. You can also obtain it by contacting us at: firstname.lastname@example.org.
Below You can obtain the following Open-Source Components:
• FFmpeg (mp4 support, openamr, LAME): The Application uses libraries from the FFmpeg project (http://www.ffmpeg.org/, http://lame.sourceforge.net/index.php and http://sourceforge.net/projects/opencore-amr/). The libraries and their use are covered by the LGPLv2.1 license: http://www.gnu.org/licenses/old-licenses/lgpl-2.1.html. The source code can be downloaded at http://outfit7.com/dl/o7_ffmpeg.tgz. Notwithstanding anything in this EULA, Outfit7 hereby expressly acknowledges that it does not own FFmpeg. The owners of FFmpeg can be found here: http://www.ffmpeg.org/.
• SoundTouch Library: The Application uses libraries from the SoundTouch project under the LGPLv2.1 license: http://www.gnu.org/licenses/old-licenses/lgpl-2.1.html. Notwithstanding anything in this EULA, Outfit7 hereby expressly acknowledges that it does not own SoundTouch. The owners of SoundTouch and the SoundTouch Library can be found here: http://www.surina.net/soundtouch/index.html.
8.2 THIRD-PARTY CONTENT AND FUNCTIONS
Some content and functions available via the Application may include materials from third parties. Outfit7 may integrate third-party content (e.g. user-generated YouTube videos) and provide links to third-party websites as a convenience to You. You agree that Outfit7 is not responsible for examining or evaluating the content or accuracy of such and Outfit7 does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. You agree that You will not use any third-party materials in a manner that would infringe or violate the rights of any other party and that Outfit7 is not in any way responsible for any such use by You.
One or all Outfit7 Applications use the following third-party content, whereas the following list includes only such third-party content that requires such disclosure in accordance with their license:
- ADMIRA: This Application uses an image which is accessible at http://www.admira.sg/collection. All copyright belongs to Admira Pte LTD. Image is not for sale.
8.3 THIRD-PARTY AD-SERVING TECHNOLOGY
9. DISCLAIMER OF WARRANTIES
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE APPLICATION IS PROVIDED TO YOU “AS IS”, WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. OUTFIT7 AND OUTFIT7’S LICENSORS (COLLECTIVELY “OUTFIT7” FOR PURPOSES OF THIS SECTION AND SECTION 10) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED, OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD-PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.
OUTFIT7 DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APPLICATION; THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE APPLICATION WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER APPLICATION; THAT ANY ERRORS IN THE APPLICATION WILL BE CORRECTED; OR THAT THE APPLICATION WILL BE AVAILABLE FOR REINSTALLS TO THE SAME OR MULTIPLE DEVICES.
NO ORAL OR WRITTEN ADVICE PROVIDED BY OUTFIT7 OR ANY AUTHORIZED REPRESENTATIVE OR THIRD PARTY SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF, OR LIMITATIONS ON, IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
10. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL OUTFIT7, ITS SUBSIDIARIES OR ITS AFFILIATES AND ITS LICENSORS BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION OR ANY OTHER FORM OF DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS EULA OR THE APPLICATION, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE, WHETHER OR NOT OUTFIT7 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND WHETHER OR NOT REPAIR, REPLACEMENT, OR A REFUND (IF AWARDED AT OUR SOLE DISCRETION) FOR THE APPLICATION DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES.
SOME JURISDICTIONS DO NOT ALLOW A LIMITATION OF LIABILITY FOR DEATH, PERSONAL INJURY, FRAUDULENT MISREPRESENTATIONS OR CERTAIN INTENTIONAL OR NEGLIGENT ACTS, OR VIOLATION OF SPECIFIC STATUTES, OR THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. In no event shall Outfit7’s total liability to You for all damages (except as required by applicable law) exceed the amount actually paid by You for the Application. THIS LIMITATION APPLIES, BUT IT IS NOT LIMITED TO ANYTHING RELATED TO THE APPLICATION, SERVICES, OR CONTENT MADE AVAILABLE THROUGH THE APPLICATION. You agree that the provisions in this EULA that limit liability are essential terms of this EULA.
You agree to defend, indemnify, and hold harmless Outfit7 and its employees, contractors, officers, and directors from any and all claims, suits, damages, costs, lawsuits, fines, penalties, liabilities, expenses (including attorney's fees) that arise from Your use or misuse of the Application, violation of the EULA, or violation of any rights of a third party. Outfit7 reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will cooperate in asserting any available defenses.
12. INJUNCTIVE RELIEF
You agree that a breach of this EULA will cause irreparable injury to Outfit7 for which monetary damages would not be an adequate remedy and Outfit7 shall be entitled to seek equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security, or proof of damages.
13. GOVERNING LAW
This Agreement and all disputes or controversies arising out of or relating to this Agreement shall be governed by, and construed in accordance with, the laws of England and Wales, if You use the Application in the EU, excluding its conflict of laws rules, or in accordance with the laws of the State of California, excluding its conflict of laws rules, if You use the Application anywhere else in the world.
We will make every reasonable effort to resolve any disagreements that You have with Outfit7. If those efforts fail, by using the Application You agree that any claim, dispute, or controversy You may have against Outfit7 arising out of, relating to, or connected in any way with this Agreement and/or the Application, shall be resolved exclusively by final and binding arbitration, as defined in this Section 14.
If You are a resident of the United States of America: (a) any such arbitration shall be administered by the American Arbitration Association (the “AAA”) and conducted before a single arbitrator pursuant to the applicable rules and procedures established by the AAA (the “AAA Rules and Procedures”); (b) the arbitration shall be held at a location determined by the AAA pursuant to the AAA Rules and Procedures (provided that such location is reasonably convenient for You), or at such other location as may be mutually agreed upon by You and Outfit7; (c) the arbitrator shall apply California law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (d) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only Your and/or Outfit7’s individual claims, and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (e) in the event that You are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Outfit7 will pay as much of Your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; (f) all arbitration submissions, communications, and proceedings shall be made or conducted in English; and (g) with the exception of clause (d) above, if any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal, or otherwise conflicts with the AAA Rules and Procedures, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein.
If You are a resident of any country other than the United States of America: (a) any such arbitration shall be administered by the International Chamber of Commerce (the “ICC”) and conducted before a single arbitrator pursuant to the Rules of Arbitration of the ICC (the “ICC Rules of Arbitration”); (b) the arbitration shall be held in London, England, or at such other location as may be mutually agreed upon by You and Outfit7; (c) the arbitrator shall apply California law consistent with the ICC Rules of Arbitration and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (d) all arbitration submissions, communications, and proceedings shall be made or conducted in English; and (e) if any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal, or otherwise conflicts with the ICC Rules of Arbitration, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein.
15. FINAL PROVISIONS
Any person who uses the Application represents to Outfit7 that they are at least the age of majority under applicable law, or if under the age of majority that they are either an emancipated minor, or possess the legal consent of a parent or legal guardian, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
15.2 SEVERABILITY AND SURVIVAL
If any provision of this EULA is illegal or unenforceable under applicable law, the remainder of the provision shall be amended to achieve as closely as possible the effect of the original term and all other provisions of this EULA shall continue in full force and effect.
15.3 ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between You and Outfit7 with respect to the Application and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this EULA will be binding unless made in writing and signed by Outfit7. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder preclude further exercise of any other right hereunder. In the event of a conflict between this EULA, any applicable purchase, or other terms, the terms of this EULA shall govern.
The original version of this EULA is written in English. Any translation of this EULA into any other language is done for local requirements and in the event of a dispute, inconsistency, or discrepancy between the English and any non-English version, the English version of this EULA shall govern, to the extent not prohibited by local law in Your jurisdiction.
You agree to abide by Cyprus, U.S., EU and other applicable export control laws and agree not to transfer the Application to a foreign national, or national destination, which is prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization. You certify that You are not a person with whom Outfit7 is prohibited from transacting business under applicable law.
We will occasionally update this EULA as necessary to protect our users, furnish current information, and respond to legal and technical changes. The most current version of the EULA will govern Your use of our Application and will be available at http://outfit7.com/eula/en/. Please check this webpage regularly for any changes. We reserve the right to change this EULA at any time by posting the amended version of EULA at the above-mentioned address. Your usage of the Application after the changes are integrated will constitute Your acceptance of the changes.
15.7 CONTACT INFORMATION
Should You wish to contact Outfit7 with any questions, complaints, or claims with respect to the Application, You should visit the Outfit7 website at http://outfit7.com/contact/ or contact email@example.com.
15.8 TRANSFER OF TITLE FOR THE SALE OF AN APPLICATION
To the extent that applicable legislation allows the parties to a transaction to agree on where title passes for sales of property, You agree that title for the sale of the Application (software sold by electronic download) passes where Outfit7 is domiciled.