END-USER LICENSE AGREEMENT
Last updated: 25 February, 2023
The Republic of India sole proprietorship of Aditya Chandra, doing business as 'Moonwalk Games', its affiliates and/or partners, if any/applicable (collectively, the "Company") put(s) forward this End-User License Agreement (E.U.L.A.) (this "Agreement"), which the User ("you") will have to read carefully and agree to, or you are not allowed to use (download, install, copy or run) any of our computer software products (the "Software", "Application", "Service", "Services", "Product").
You agree and acknowledge that all title, ownership rights, and intellectual property rights connected with the Software and any and all copies thereof (including but not limited to any derivative works, titles, computer code, themes, objects, characters, character names, stories, dialogue, catchphrases, locations, concepts, artwork, graphics, animation, sounds, musical compositions, audio-visual effects, text, screen displays, methods of operation, moral rights, and any related documentation) are owned by the Company or its licensors.
The Software is protected by the copyright laws of the Republic of India, international copyright treaties and conventions, Indian and common trademark laws, and other laws. All rights are reserved worldwide. The Software may contain certain material licensed by the Company from other bodies; licensors of the Company may protect their rights in the event of any violation of this Agreement.
Please adhere to applicable laws in your state and where required, don't use the Software if you are below the age put forward by the Company and/or your government. You must be at least 13 years of age to agree to the E.U.L.A., ToS, and other notices, and download and install the Software.
RESTRICTIONS, LIMITATIONS AND CONDITIONS
Without written permission of the Company or additional license(s), whichever applicable, You agree not to, and you will not permit or teach/guide others to:
(a.) license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Application or make the Application available to any third party;
(b.) use the Software on more than one system/platform at once;
(c.) use the Software on disapproved platforms;
(d.) use the Software (commercially) for the pay-for-play system, or using it for public use in cyber/internet cafés, gaming centres, e-sports stadiums, etc.;
(e.) make more than ONE/1 copy of the Software, and that also for backup, archival or reference purposes and not for commercial or non-commercial distribution, rent, outsourcing or licensing;
(f.) reverse engineer, derive source code, modify, decompile, disassemble, or create derivative work(s) of the Software, in whole or in part (except as the applicable law expressly permits, in which case all and any lawful modifications, adaptations, improvements, etc., and all copyrights and moral rights therein, shall be deemed assigned to, and shall belong to, vest in and be the exclusive property of the Company and/or its licensors on creation, in any event);
(g.) remove, corrupt or make change(s) to any security/technical measure that control access to the Software
(h.) remove, modify, deface or circumvent any proprietary notices or labels contained on or within the Software;
(i.) export or re-export the Software or any copy or adaptation in violation of any applicable laws or regulations; or
(j.) create data, indirect viewable files or executable programs that mimic data or functionality in the Software.
You also agree that you shall abide by the safety information, maintenance instructions or other relevant notices contained in any manual(s) or documentation that is included with the Software.
MODIFICATIONS TO APPLICATION
The Company reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to you.
The Company may provide updates, patches and other modifications to the Game Software that must be installed for the user to continue to use the Software properly or at all. The Company may update, patch or modify the Software remotely and access the Software residing on your machine for such purpose, and you hereby grant to the right to deploy and apply such patches, updates and modifications. All provisions of this Agreement that refer to the “Software” shall also include all such patches, updates and modifications.
THE SOFTWARE, ITS SERVICES AND CONTENT ARE PROVIDED ON AN “AS IS” BASIS AND AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, WRITTEN OR ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, QUIET ENJOYMENT, ACCURACY, OR FITNESS FOR A PARTICULAR PURPOSE.
Without limiting any of the foregoing, the Company does not ensure continuous, error-free, secure or virus-free operation of the Company Services or Your Account. Some states or countries do not allow the disclaimer of implied warranties, and the foregoing disclaimer may not be applicable to You. This warranty gives You specific legal rights, and You may also have other legal rights that vary from state to state or from country to country.
IN NO EVENT SHALL THE COMPANY OR ITS LICENSORS BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, USE OR MALFUNCTION OF THE SOFTWARE, INCLUDING WITHOUT LIMITATION ANY LOSSES OR DAMAGES CONNECTED WITH OR CONSISTING OF LOST PROFITS, DAMAGE TO PROPERTY, LOST OR CORRUPTED DATA OR FILES, LOSS OF GOODWILL, CONSOLE, COMPUTER OR HANDHELD DEVICE FAILURE, ERRORS AND LOST BUSINESS OR OTHER INFORMATION AS A RESULT OF POSSESSION, USE OR MALFUNCTION OF THE GAME SOFTWARE, OR PERSONAL INJURIES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. FURTHERMORE, IN NO EVENT SHALL THE COMPANY OR ITS LICENSORS BE LIABLE FOR SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES RESULTING FROM THE BREACH OF ANY EXPRESS OR IMPLIED WARRANTIES OR ANY OTHER TERMS OF THIS AGREEMENT. THE COMPANY’S TOTAL LIABILITY IN ALL CASES SHALL NOT EXCEED THE ACTUAL PRICE PAID FOR THE GAME SOFTWARE. THE FOREGOING APPLIES EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
TERM AND TERMINATION
This Agreement shall remain in effect until terminated by you or the Company.
The Company may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.
This Agreement will terminate immediately, without prior notice from the Company, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies thereof from your mobile device or from your desktop.
Upon termination of this Agreement, you shall cease all use of the Application and delete all copies of the Application from your machine.
Because the Company would be irreparably damaged if the terms of this Agreement were not specifically enforced, you agree that the Company shall be entitled, without bond or other security or proof of damages, to take such action as may be required, including seeking an injunction and other equitable remedies, in addition to any other remedies available to it under the applicable law.
You agree to indemnify, defend and hold harmless the Company, its partners, affiliates, contractors, licensors, officers, directors, employees and agents from all claims, damages, costs and expenses (including reasonable legal fees) arising directly or indirectly from your acts or omissions in connection with using the Software or any breach by you of the terms of this Agreement.
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
If applicable, while accepting this Agreement, You also agree to the additional terms and agreements set forth by the owners of the third-party stores through which you have purchased the Software.
If the Company is partnering with other entities, like publishers or co-developers, You also agree to all their terms and agreements as mentioned.
AMENDMENTS TO THIS AGREEMENT
The Company reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a material revision is to be made, depending on its importance, we might or might not provide at least 5 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
If you have any questions about this Agreement, please contact us:
LETTER TO THE COMPANY:
Attn.: Aditya Chandra
G4-102, Happy Home's Glorious, near Vastugram, Vesu
Surat, GJ-395007, India
NO PART OF THE ABOVE NOTICE MAY BE ALTERED OR REMOVED BY ANYONE OTHER THAN THE COMPANY'S AUTHORISED SIGNATORY.