Terms and conditions

This End User License Agreement ("Agreement") constitutes a valid and binding agreement between PointMMO Pte Ltd. and its business partners, including, but not limited to, Playfast Technologies Pte Ltd. (singly and collectively, "PointMMO") and the end user ("you," or "your") utilizing the Software. As used in this Agreement, the term "Software" means collectively the software downloading tool entitled "PointMMO Plugin" (the "Plugin") any additional toolsets and/or technologies included within the Plugin, including, without limitation, the social media and instant messaging software known as "Overwolf" ("Overwolf"), any online or enclosed documentation, any and all copies and/or derivative works of the Plugin, related software and/or documentation, including without limitation, any and all "patches," future programming fixes, updates and upgrades provided to you. The Software will not function unless it is installed on a computer which meets its minimum installation requirements. You may only use the Software if you have agreed to this Agreement. Please note that to use the Software, you must create a PointMMO account (an "Account") and are required to provide PointMMO with certain personally identifiable information, retention and use of which are subject to the PointMMO’s Privacy Policy at http://www.pointmmo.com/privacy_policy/ (the "Privacy Policy"). The use of your Account is also governed by the PointMMO Website Terms of Use at http://www.pointmmo.com/terms_of_use/ (the "Terms of Use"). Both the Privacy Policy and the Terms of Use are incorporated into this Agreement by this reference. You further acknowledge and agree that your use of the Software signifies that you have read, understand and agree with the terms of the Privacy Policy and Terms of Use. IT IS IMPORTANT THAT YOU CAREFULLY READ AND UNDERSTAND THIS AGREEMENT. BY CLICKING THE "I ACCEPT" BUTTON LOCATED AT THE END OF THIS AGREEMENT, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH ALL THE TERMS OF THIS AGREEMENT AND DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, PLEASE CLICK THE "I DO NOT ACCEPT" BUTTON. IF YOU DO NOT ACCEPT THIS AGREEMENT, THE SOFTWARE WILL NOT BE INSTALLED ON YOUR COMPUTER.

1. License Grant

Subject to the terms of this Agreement, PointMMO hereby grants you during the Term (defined below), a limited, non-exclusive, personal, non-sublicensable, non-assignable license to download, install and use the Software onto a computer and to use the Software solely for the purpose of downloading video games made available by PointMMO (each, a "Game"), and in the case of Overwolf, solely to communicate with third parties while playing the Games and/or utilizing social media channels in and in association with the Games. The Software may only be used in accordance with this Agreement and any rules, restrictions or documentation set forth by PointMMO from time to time. The Software may not be used in association with Games that are not listed as supporting the Software on PointMMO’s website http://www.pointmmo.com/ unless otherwise agreed by PointMMO in writing to the contrary.

2. License Restrictions

(a) Notwithstanding anything to the contrary, you may not: (i) remove any proprietary notices from any copy of the Software; (ii) cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Software; (iii) sell, assign, rent, lease, act as a service bureau, or grant rights in the Software, including, without limitation, through sublicense, to any other entity without the prior written consent of PointMMO; (iv) make any false, misleading or deceptive statement or representation regarding PointMMO and/or the Software; (v) use the Software for any commercial purpose or the benefit of any third party, or charge any person, or receive any compensation for the use of the Software or do any of the foregoing in any manner not permitted by the licenses granted herein; (vi) use the Software to, or in any way that would, violate any applicable law, regulation or ordinance; (vii) collect any information or communication about the users of the Software by monitoring, interdicting or intercepting any process of the Software; and (viii) use any type of bot, spider, virus, clock, timer, counter, worm, software lock, drop dead device, packet-sniffer, addon, hack, trainer, mod, Trojan-horse routing, trap door, time bomb or any other codes or instructions that are designed to be used to provide a means of surreptitious or unauthorized access or that are designed to distort, delete, damage, monitor, mine, enhance or disassemble the Software. (b) The Software may transmit technology, software and services owned and controlled by publishers of the Games (each, a "Publisher"), and you may be required to provide certain information to such Publishers in order to download such technology, software and services. Use of such third party software or services is subject to the terms and conditions of the applicable Publisher’s license agreements and privacy policies, and you agree to look solely to the applicable Publishers and not to PointMMO to enforce any of your rights in relation thereto or for any liability associated therewith or arising therefrom. All modifications or enhancements to the Software remain the sole property of PointMMO. You understand that PointMMO, in its sole discretion, may modify or discontinue or suspend your right to access or use any of the Software at any time, and may at any time suspend or terminate any license hereunder and disable any Software you may already have accessed or installed without prior notice. PointMMO reserves the right to add or remove features or functions to the Software at any time in its sole discretion. When installed on your computer, the Software may periodically communicate with PointMMO servers while the Software is in operation. You acknowledge and agree that PointMMO has no obligation to make available to you any subsequent versions of its software applications. (c) Overwolf is owned and operated by Overwolf Ltd. and licensed by PointMMO so that PointMMO can sublicense Overwolf to you. You may be required to provide certain information to Overwolf Ltd. directly in order to use Overwolf. Use of Overwolf and any information you provide to Overwolf Ltd. or through Overwolf, in addition to being subject to this Agreement, is subject to the terms and conditions of Overwolf Ltd.’s terms of use and privacy policy, and you agree to look solely to Overwolf Ltd. and not to PointMMO to enforce any of your rights in relation thereto or for any liability associated therewith or arising therefrom. Additionally, use of Overwolf in association with third party services, such as Facebook, is subject to the terms of use and privacy policies of those third party services.

3. Proprietary Rights

(a) The Software contains proprietary and confidential information of PointMMO, including copyrights which are protected by international copyright laws, trade secrets and trademarks contained in the Software. Title to and ownership of the Software, including without limitation all intellectual property rights in and to the Software, are and shall remain the exclusive property of PointMMO and its licensors, and except for the limited license granted to you by PointMMO, PointMMO reserves all right, title and interest in and to the Software. You shall not take any action to jeopardize, limit or interfere with PointMMO's ownership of and rights with respect to the Software. You acknowledge that any unauthorized copying or unauthorized use of the Software is a violation of this Agreement and is strictly prohibited. (b) Any bug reports, usability reports, test results, feedback made by you, or any other data transmitted to or from the Software (excluding the Games) shall be the sole property of PointMMO or its licensors and may be used by PointMMO or its licensors for any purpose it sees fit.

4. Term and Termination

(a) This Agreement will be effective as of the date you accept this Agreement, thereby expressly agreeing to the terms and conditions set forth herein, and will remain effective until termination by either party as set forth below. (b) You may terminate this Agreement at any time provided you cease all use of the Software AND destroy or remove from all hard drives, networks, and other storage media all copies of the Software in your possession. PointMMO may terminate this Agreement at any time, with or without cause, by providing notice to you and/or preventing your access to the Software. Notwithstanding the foregoing, you acknowledge that PointMMO may terminate your right to use Overwolf at any time, with or without cause, by providing notice to you and/or preventing your access to Overwolf, while keeping the remainder of this Agreement in full force and effect. (c) Upon PointMMO’s termination of your license to use Overwolf for any reason (i) all licenses and rights to use Overwolf shall terminate and you must remove Overwolf from your computer equipment and dispose of all originals and copies of Overwolf in your possession, and (ii) provided PointMMO has not terminated the entire Agreement, the remainder of the Agreement shall survive in full force and effect. Upon termination of this Agreement for any reason (i) all licenses and rights to use the Software shall terminate and you must remove the Software from your computer equipment and dispose of all originals and copies of the Software in your possession, and (ii) Sections 2, 3, 4(c), and 5 through 12 shall survive such termination.

5. Your Representations, Warranties and Promises

(a) You represent and warrant that you: (i) possess the legal right and ability to enter into this Agreement and to comply with its terms, (ii) will use the Software for lawful purposes only and in accordance with this Agreement and all applicable laws, regulations, ordinances and policies, (iii) will always provide and maintain true, accurate, current and complete information as requested by PointMMO, (iv) are of a lawful age in your applicable jurisdiction to enter into this Agreement and install and use the Software, (v) will only use the Software on a computer on which such use is authorized by the computer's owner or lessee, as applicable, and (vi) you will only use the Software in accordance with the terms and conditions and privacy policies of the Publishers when downloading the Games or any other information or data from the Publishers and in accordance with the terms of use and privacy policies of Overwolf Ltd. when using Overwolf. (b) You promise that you will not: (i) use any automatic or manual device or process to interfere or attempt to interfere with the proper working of the Software, except to remove the Software from a computer of which you are an owner or authorized user in a manner permitted by this Agreement, (ii) attempt to decompile, reverse engineer or hack the Software or to defeat or overcome any encryption and/or other technical protection methods implemented by PointMMO with respect to the Software and/or data transmitted, processed or stored by PointMMO or other users of the Software, and (iii) take any steps to interfere with or in any manner compromise or violate any of PointMMO's or the Software’s security measures, any other individual's or entity's computer utilizing the Software. PointMMO reserves the right to investigate occurrences which may involve such violations, and may involve, and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations. You agree to cooperate fully in any such investigations and you expressly acknowledge and agree that PointMMO may disclose your personal information to comply with law enforcement or any legal, governmental or regulatory order or action. If PointMMO has reasonable grounds to suspect that your representations, warranties or promises are inaccurate or breached, PointMMO may terminate this license, deny any or all use of the Software, and pursue any appropriate legal remedies.

6. Indemnity.

You agree to indemnify, hold harmless and defend PointMMO and its affiliates, parent companies, subsidiaries, officers, directors, employees, agents, network service providers, business partners and licensors (collectively, the "Indemnified Parties") at your expense, against any and all thirdparty claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable attorneys' fees and other dispute resolution expenses) incurred by PointMMO arising out of or relating to your (a) violation or breach of any term of this Agreement or any policy or guidelines referenced herein or on PointMMO’s website http://www.pointmmo.com/, including any breach of your representations, warranties, promises or the license restrictions herein or (b) use or misuse of the Software.

7. Disclaimer of Warranties

(a) THE SOFTWARE AND ANY DATA RECEIVED THEREFROM, INCLUDING THE GAMES AND OVERWOLF, IS PROVIDED "AS IS" AND THERE ARE NO WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY POINTMMO OR POINTMMO’S LICENSORS, EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SOFTWARE AND ANY DATA RECEIVED THEREFROM, INCLUDING THE GAMES AND OVERWOLF, INCLUDING ANY WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. POINTMMO AND ITS LICENSORS FURTHER DO NOT REPRESENT OR WARRANT THAT THE SOFTWARE AND ANY DATA RECEIVED THEREFROM, INCLUDING THE GAMES AND OVERWOLF, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE, ERROR-FREE, WILL OPERATE WITHOUT PACKET LOSS OR DELAY, OR THAT THE SOFTWARE WILL PROVIDE FASTER ACCESS TO THE GAMES OR OTHER DATA THAN ALTERNATIVE DOWNLOAD METHODS. (b) YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE AND ANY DATA RECEIVED THEREFROM, INCLUDING THE GAMES AND OVERWOLF, REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY LAW. (c) As some jurisdictions do not allow some of the exclusions set forth in this Section 7, some of these exclusions may not apply to you.

8. Limitation of Liability

(a) IN NO EVENT SHALL POINTMMO, ITS PARENT COMPANIES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS ("RELATED PARTIES") BE LIABLE TO YOU WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY OR STRICT LIABILITY OR OTHER THEORY), FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF DATA, SERVICE INTERRUPTION, COMPUTER FAILURE OR PECUNIARY LOSS) ARISING OUT OF THE INSTALLATION, UNINSTALLATION, USE OR INABILITY TO USE THE SOFTWARE AND ANY DATA RECEIVED THEREFROM, INCLUDING THE GAMES AND OVERWOLF, INCLUDING ANY DAMAGES RESULTING THEREFROM, EVEN IF POINTMMO OR THE RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. (b) YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SOFTWARE AND ANY DATA RECEIVED THEREFROM IS TO UNINSTALL AND CEASE USE OF SUCH SOFTWARE AND DATA. (c) As some jurisdictions do not allow some of the exclusions set forth in this Section 8, some of these exclusions may not apply to you.

9. Equitable Remedies

You hereby agree that PointMMO would be irreparably damaged if the terms of this Agreement were not specifically enforced, and therefore you agree that PointMMO shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as PointMMO may otherwise have available to it under applicable laws. In the event any litigation is brought by either party in connection with this Agreement, the prevailing party in such litigation shall be entitled to recover from the other party all the costs, attorneys' fees and other expenses incurred by such prevailing party in the litigation.

10. U.S. Government Rights

If you are, or are entering into this Agreement on behalf of, any agency or instrumentality of the United States Government, the Software is "commercial computer software" and "commercial computer software documentation," and pursuant to FAR 12.212 or DFARS 227.7202, and their successors, as applicable, use, reproduction, and disclosure of the Software are governed by the terms of this Agreement.

11. Negotiations and Governing Law

(a) Negotiations. Disputes can be expensive and time consuming for both parties. In an effort to accelerate resolution and reduce the cost of any dispute or claim related to this Agreement ("Claim"), you and PointMMO agree to first attempt to informally negotiate any Claim for at least thirty (30) days. PointMMO will send its notice to the address it has on file to the extent that you have provided additional contact information to PointMMO. Otherwise, PointMMO will send its notice to the email address associated with your Account. You will send your notice to PointMMO Pte Ltd., 77 Robinson Road #16- 00, Singapore 068896, ATTN: CEO. Please note that this informal resolution procedure does not suspend any statutory limitation periods applicable to the bringing of a Claim. (b) Governing Law. Except as otherwise provided in this Agreement, this Agreement shall be is governed by, and will be construed under, the laws of England and Wales, without regard to choice of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You are responsible for compliance with all local laws if and to the extent local laws are applicable. All disputes arising out of or related to your use of the Software and/or this Agreement shall be subject to the exclusive jurisdiction of the courts located in England and Wales and you agree to submit to the personal jurisdiction and venue of such courts.

12. General Provisions

PointMMO reserves all rights not expressly granted in this Agreement. PointMMO may modify this Agreement at any time by providing such revised Agreement to you or posting the revised Agreement on its website located at http://www.pointmmo.com/. Your continued use of the Software shall constitute your acceptance of such revised Agreement. You may not assign this Agreement or any rights hereunder. Nothing in this Agreement shall constitute a partnership, agency or joint venture between you and PointMMO. Should any term or provision of this Agreement be deemed invalid, void or unenforceable either in its entirety or in a particular application, the remainder of this Agreement shall remain in full force and effect. The failure of PointMMO at any time or times to require performance of any provision of this Agreement shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing. The terms set forth in this Agreement constitute the final, complete and exclusive agreement with respect to the Software and may not be contradicted, explained or supplemented by evidence of any prior agreement, any contemporaneous oral agreement or any consistent additional terms. PointMMO may, at its sole discretion, assign this Agreement without giving prior notice. YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CONTINUING TO INSTALL THE SOFTWARE, YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS AND GRANT TO POINTMMO THE RIGHTS SET FORTH HEREIN.