End User License Agreement
NOTICE TO ALL USERS: PLEASE READ THIS CONTRACT CAREFULLY. BY CLICKING THE ACCEPT BUTTON OR INSTALLING THE SOFTWARE, YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY) AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN CONTRACT SIGNED BY YOU. IF YOU DO NOT AGREE, DO NOT PROCEED WITH THIS PURCHASE.
1. Definitions.
a. "Software" means (a) downloadable program including all of the contents of the files, with which this Agreement is provided or such contents as are hosted by GameLab London or its distributors, resellers, or other business partners (collectively “Authorized Partner(s)”), including but not limited to (i) GameLab London or third party computer information or software; (ii) related explanatory materials in printed, electronic, or online form (“Documentation”); and (b) upgrades, modified or subsequent versions and updates (collectively “Updates”), and Software, if any, licensed to you by GameLab London as part of a maintenance contract or service subscription.
b. "Use" or "Using" means to access, install, download, or otherwise benefit from using the Software.
c. "Permitted Number" means one (1) unless otherwise indicated under a valid license (e.g., volume license) granted by GameLab London.
d. "Computer" means a device that accepts information in digital or similar form and manipulates it for a specific result based upon a sequence of instructions.
e. "GameLab London" means (a) GameLab London, part of London Metropolitan University, with offices located at 35 Kingsland Road, E2 8AA, London, England, UK if the Software is purchased within the United Kingdom, Australia, and New Zeland.
2. License Grant. Subject to the payment of the applicable license fees, and subject to the terms and conditions of this Agreement, GameLab London hereby grants to you a non-exclusive, non-transferable license to Use the Software subject to any restrictions or usage terms specified on the applicable product packaging included as part of the Documentation. Some third party materials included in the Software may be subject to other additional terms and conditions, which are typically found in either a “Read Me” file or an “About” file in the Software.
3a. Term. Unless earlier terminated this Agreement is effective for the term set out in the Documentation. At the end of the 14 days trial period, you allow GameLab London to confirm your subscription to the Software using the billing information with which you have provided GameLab London and will be billed to your account. The default term shall be one (1) year from purchase.
This Agreement will terminate automatically if you fail to comply with any of the limitations, or other requirements described herein. Upon any termination or expiration of this Agreement, you must cease use of the Software and destroy all copies of the Software and the Documentation.
3b. Renewal – You are permitted to suspend your subscription prior to renewal period and resume it the following year. Such subscription hibernation must be made at least thirty (30) days prior to the expiration date from the My Account area. If no notification is received by the expiration date, you agree to permit GameLab London to automatically renew your subscription to the Software using the billing information with which you have provided GameLab London and will be billed to your account.
You must provide current, complete and accurate information for your billing account. You must promptly update all information when necessary (such as billing address, credit card number, and credit card expiration date), to keep your details current, complete and accurate. You must promptly notify GameLab London if your credit card is cancelled (for example: loss or theft). Changes to such information can be made at My Account.
4. Updates. This license is limited to the version of the Software delivered by GameLab London and does include Updates as you have purchased a subscription that entitles you to Updates as described in the Documentation. After the specified subscription period has expired, you have no further right to receive any Updates without the purchase of a new subscription.
5. Ownership Rights. The Software is protected by European copyright laws, international treaty provisions and other applicable laws in the country in which it is being used. GameLab London owns and retains all right, title and interest in and to the Software, including all copyrights, patents, trade secret rights, trademarks and other intellectual property rights therein. Your possession, installation, or Use of the Software does not transfer to you any title to the intellectual property in the Software, and you will not acquire any rights to the Software except as expressly set forth in this Agreement. Any copy of the Software and Documentation authorized to be made hereunder must contain the same proprietary notices that appear on and in the Software and Documentation.
6. Restrictions. You may not sell, lease, license, rent, loan, resell or otherwise transfer, with or without consideration, the Software. You may not reverse engineer, decompile, or disassemble the Software, except to the extent the foregoing restriction is expressly prohibited by applicable law. You may not modify, or create derivative works based upon, the Software in whole or in part. You may not copy the Software or Documentation except as expressly permitted in Section 1 above. You may not permit third parties to benefit from the use or functionality of the Software via a timesharing, service bureau or other arrangement. You may not remove any proprietary notices or labels on the Software. All rights not expressly set forth hereunder are reserved by GameLab London.
7. Warranty Disclaimer. EXCEPT FOR THE LIMITED WARRANTY SET FORTH HEREIN, THE SOFTWARE IS PROVIDED "AS IS" AND GameLab London MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM THE EXTENT TO WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW. GameLab London, ITS SUPPLIERS, AND AUTHORIZED PARTNERS MAKE NO WARRANTY, CONDITION, REPRESENTATION, OR TERM (EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, OR FITNESS FOR A PARTICULAR PURPOSE. YOU ASSUME RESPONSIBILITY FOR SELECTING THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE SOFTWARE. WITHOUT LIMITING THE FOREGOING PROVISIONS, GameLab London MAKES NO WARRANTY THAT THE SOFTWARE WILL BE ERROR-FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS.
8. Limitation of Liability. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, SHALL GameLab London, OR ITS AUTHORIZED PARTNERS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR LOSS OF PROFITS, LOSS OF GOODWILL, OR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR GROSS NEGLIGENCE OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR FOR ANY OTHER DAMAGE OR LOSS. IN NO EVENT SHALL GameLab London, OR ITS AUTHORIZED PARTNERS OR SUPPLIERS BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE PRICE PAID FOR THE SOFTWARE, IF ANY, EVEN IF GameLab London, OR ITS AUTHORIZED PARTNERS OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. This limitation shall not apply to liability for death or personal injury to the extent that applicable law prohibits such limitation. Furthermore, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so this limitation and exclusion may not apply to you. Nothing contained in this Agreement limits GameLab London’s liability to you for GameLab London’s negligence or for the tort of fraud. GameLab London is acting on behalf of its Authorized Partners for the purpose of disclaiming, excluding and/or limiting obligations, warranties and liability as provided in this Agreement, but in no other respects and for no other purpose. The foregoing provisions shall be enforceable to the maximum extent permitted by applicable law.
9. High Risk Activities. The Software is not fault-tolerant and is not designed or intended for use in hazardous environments requiring fail-safe performance, including without limitation, in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, weapons systems, direct life-support machines, or any other application in which the failure of the Software could lead directly to death, personal injury, or severe physical or property damage (collectively, "High Risk Activities"). GameLab London EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES.
10. Privacy. By entering into this Agreement, you agree that GameLab London may collect, retain and use your personal information, including your name, address, e-mail address, and payment details. Your personal information will be used primarily to provide services and product functionality to you. GameLab London may also use your personal information for additional communication with you, subject to your decision not to accept such communication from GameLab London and subject to applicable laws. For information on how to opt out of or unsubscribe from the communications described above, please read the GameLab London privacy policy on the GameLab London web site (www.gamelablondon.co.uk).
11. Audit for Volume Licenses. GameLab London reserves the right to periodically audit you to ensure that you are not using any Software in violation of this Agreement. During standard business hours and upon prior written notice, GameLab London may visit you and you will make available to GameLab London or its representatives any records pertaining to the Software. The cost of any requested audit will be solely borne by GameLab London, unless such audit discloses an underpayment or amount due to GameLab London in excess of five percent (5%) of the initial license fee for the Software or you are using the Software in an unauthorized manner, in which case you shall pay for the cost of the audit.
12. Miscellaneous. This Agreement sets forth all rights for the user of the Software and is the entire agreement between the parties. This Agreement supersedes any other communications, representations or advertising relating to the Software and Documentation. This Agreement may not be modified except by a written addendum issued by a duly authorized representative of GameLab London. No provision hereof shall be deemed waived unless such waiver shall be in writing and signed by GameLab London. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
13. GameLab London Customer Contact. If you have any questions concerning these terms and conditions, or if you would like to contact GameLab London for any other reason, please call +44 2077 494833 or email info@gamelablondon.com