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.
(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.
(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.
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.
(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.
(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.
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.
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.
(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.
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.