PLEASE READ THIS END USER LICENSE AGREEMENT (this "License") CAREFULLY BEFORE USING THIS SOFTWARE. BY USING THIS SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF: (A) THIS LICENSE, (B) GAMEUP'S PRIVACY POLICY (AVAILABLE AT GAMEUP.TV/PRIVACY); AND © GAMEUP'S TERMS OF USE (AVAILABLE AT GAMEUP.COM/TOU). IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT INSTALL AND/OR USE THIS SOFTWARE. For purposes of this License, the term "Software" shall mean the companying software itself of the software you gain access to by indicating you agree to this License, any related documentation, any updates or upgrades to the software and that are not distributed with a separate license, and all images, content or data incorporated in the software.
This Software is licensed (not sold) to you by GameUp, Inc. or one of its affiliates. GameUp does not transfer title to the Software to you; this License shall not be considered a "sale" of the Software. You own the media, if any, on which the Software is recorded, but GameUp retains full and complete title to the Software on the media and the accompanying documentation, and all intellectual and industrial property rights therein. This limited, non-exclusive, non-transferable and personal License gives you the right to install, use and display this copy of the Software on any authorized and compatible iOS or Android device that you own or control as permitted by the Usage Rules set forth in the App Store (for iOS) and/or Android Marketplace Terms of Service. You acknowledge that certain Software may not be compatible with particular devices. You must treat the Software like any other copyrighted material. You may not copy the Software or the written material accompanying the Software. A GameUp account may be required to access certain online services or features of the Software. The terms of this License will govern any updates provided by GameUp that upgrade, replace or supplement the original Software, unless such update is accompanied by a separate license, in which case the terms of that license will govern such update.
The Software contains copyrighted material, trade secrets, and other proprietary material. You may not re-sell, decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-perceivable form. Except as provided for in this License, you may not copy, modify, network, rent, lease, or otherwise distribute the Software; nor can you make the Software available by "bulletin boards," online services, remote dial-in, or network or telecommunications links of any kind; nor can you create derivative works or any other works that are based upon or derived from the Software in whole or in part. This Software is for your PERSONAL, NON-COMMERCIAL, and NON-GOVERNMENTAL use only. 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.
A. Personal License/No Public Display. If the Software provides you with the ability to create, modify, print, send and/or save images or video clips containing GameUp's content or other GameUp material, this License only allows you to use such images of video for your own PERSONAL enjoyment, and not for any commercial or governmental purpose whatsoever. Further, you may not sell or publicly display such images or video (or any material containing such images or video), which means, without limitation, that you are not permitted to (i) sell any material containing printed images generated by the Software, (ii) post or make available any such images or video on any publicly accessible websites, "bulletin boards" or FTP sites (iii) publicly transmit or publish the images or video in any manner, or (iv) make such images or video accessible to others by means of networking or sharing applications. Without limiting the foregoing, you may not use images generated by the Software in connection with any advertising or promotional materials, whether for profit or not for profit. You agree further that you will preserve all copyright notices that the Software imbeds within the output of all images and video.
B. Appropriate Use. This License does not authorize you to combine images containing GameUp's copyrighted content or material with content that is not wholesome or that otherwise disparages GameUp or GameUp's content, including without limitation, your creating of content that (a) contains nudity, pornography or sexually explicit materials; (b) promotes or portrays excessive violence; © promotes or portrays discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; (d) promotes or portrays illegal activities; promotes or portrays tobacco, liquor, or gambling; (f) infringes on any intellectual property rights of GameUp or any third party, or otherwise violates the rights of any third party; (g) contains material that is defamatory, fraudulent, or harassing to GameUp or any third party; (h) advocates the adoption or promotes the ideology of a specific religious or political viewpoint; or (i) is otherwise in conflict with GameUp's image and reputation.
You must provide at your own expense the equipment, Internet connections or mobile devices and/or service plans to access and use this Software. YOU ARE SOLELY RESPONSIBLE FOR ANY COSTS YOU INCUR TO ACCESS THIS APPLICATION FROM YOUR MOBILE DEVICE. GameUp does not guarantee that this Software can be accessed on all wireless devices or wireless service plans, or through all internet connections. GameUp does not guarantee that this Software is available in all geographic locations. You acknowledge that when you use this Software, your wireless carrier or internet service provider may charge you fees for data, messaging, and/or wireless access.
Use of any information gathered during, or by, your use of the Software shall be governed by GameUp's privacy policy located at: http://www.gameup.tv/privacy
By using the Software, you signify your agreement to GameUp's privacy policy. If you do not agree to the privacy policy, do not use the Software. We reserve the right, at our discretion, to change, modify, add, or remove portions of GameUp's privacy policy at any time. Changes shall be posted on GameUp's website. Your continued use of this site and the GameUp Software following the posting of changes to the privacy policy will mean you accept those changes.
This Software contains audiovisual material, including, without limitation, images, sound, music, and content, that are owned by or licensed to GameUp (collectively, the "Protected Material"). Further, the Software may allow you to create output containing the Protected Material. You acknowledge and agree that, as between you and GameUp, GameUp exclusively owns all copyrights, trademarks and all other present and future intellectual property rights in and to the Protected Material as such material appears in the Software and on or in any output generated by the Software. Your use of such Protected Material shall inure to GameUp's benefit. You shall neither acquire nor assert copyright or any other intellectual property rights in or to the Protected Material or in any derivation, adaptation, or variation thereof. Other than with respect to the Protected Material, GameUp claims no rights in or to any content created by you using the Software.
Use of images generated by the Software for any purpose not specifically allowed by this License is a violation of this License, and may also violate GameUp's copyrights, trademarks and other proprietary rights, and will result in the immediate termination of this License, whether or not GameUp is aware of such violation or whether or not GameUp has notified you of such violation.
This License is effective until terminated by either party. You may terminate this License at any time by returning the Software to GameUp or destroying the Software and all related documentation and all copies and installations thereof, along with all output generated by the use of this Software. This License will terminate immediately without notice from GameUp if you fail to comply with any provision of this License. Upon termination, you must destroy or return to GameUp the Software and related documentation.
THE SOFTWARE AND RELATED DOCUMENTATION ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES AND/OR CONDITIONS OF ANY KIND EITHER EXPRESS OR IMPLIED. GAMEUP EXPRESSLY DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, WITH RESPECT TO THE SOFTWARE AND RELATED DOCUMENTATION, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
GAMEUP DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. FURTHERMORE, GAMEUP DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE, ANY DATA OR INFORMATION PROVIDED BY THE SOFTWARE, AND RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE LIMITATIONS OF LIABILITIES DESCRIBED IN THIS SECTION ALSO APPLY TO THE THRID PARTY SUPPLIERS OF MATERIALS USED IN THE SOFTWARE. NO ORAL OR WRITTEN INFORMATION OR ADVICE BY GAMEUP OF AN AUTHORIZED REPRESENTATIVE OF GAMEUP SHALL CREATE WARRANTIES AND/OR CONTITIONS OR IN ANY WAY INCREASE THE SCOPE OF THIS LIMITED WARRANTY. YOU (AND NOT GAMEUP) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Under no circumstances, including negligence, shall GameUp be liable for any indirect, incidental, special or consequential damages that result from the use of, or the inability to use, the software or related documentation, even if GameUp or an authorized representative of GameUp has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability of incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no even shall GameUp's total liability to you for all damages, losses, and causes of action (whether in contract, tort (including negligence) or otherwise) exceed the amount paid by you for the Software.
This License shall be governed by and construed in accordance with the laws of the State of California unless local jurisdictions invalidate choice of law provisions in which case local law applies. If any provision of this License shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this License and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein and shall not be modified except in writing, signed by both parties.
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