End User License Agreement (“EULA”)
IMPORTANT – READ CAREFULLY: Please be sure to carefully read and understand all of the rights and restrictions described in this End-User License Agreement (“EULA”).
This End User License Agreement (“EULA”) is an agreement between you and Moose Enterprise Pty Ltd and its affiliated entities (“Company”) regarding use of the Oh! My Gif app and associated software (“Software”). The Software is licensed to you only on the condition that you accept all of the terms contained in this EULA.
By installing or otherwise using the Software, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA: (i) do not use, download or install the Software; and (ii) if you have already downloaded or installed the Software, promptly delete it.
When you install the Software, you will be asked to review and either accept or not accept the terms of the EULA by clicking the “I Accept” button. By clicking the “I Accept” button, you acknowledge that you have read the EULA, understand it and agree to be bound by its terms and conditions.
The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. All title and copyrights in and to the Software (including but not limited to any images, photographs, animations, video, music, text and “applets” incorporated into the Software) are owned by the Company or its Licensors.
Grant of License
The Software is licensed to you and its use is subject to this EULA. The Company grants you a limited, personal, non-exclusive, revocable license to use the Software for the sole purpose of installing and using it on your, personal computer, mobile device or other technology (“Device”). The Company reserves all rights not expressly granted to you in this EULA.
- You may not delete or obscure any copyright, trademark or other proprietary notice on the Software.
- You may not decompile, modify, reverse engineer, disassemble or otherwise reproduce the Software.
- You may not copy, rent, lease, sublicense, distribute, publicly display the Software, create derivative works based on the Software or otherwise commercially exploit the Software.
- You may not electronically transmit the Software from one Device to another or over a network.
If the Software was provided to you for trial use for a limited period of time or number of uses, you agree not to use the Software following the expiration of the trial period. You acknowledge and agree that the Software may include code designed to prevent you from exceeding these limits, and that such code may remain on your Device after deletion of the Software in order to prevent you from installing another copy and repeating the trial period.
Editor and End-User Variations
If the Software includes a feature that allows you to modify the Software or to construct new variations (an “Editor”), you may use this Editor to create modifications or enhancements to the Software, including the construction of new levels (collectively, the “Variations”), subject to the following restrictions. Your Variations: (i) must only work with the full registered copy of the Software; (ii) must not contain modifications to any executable file; (iii) must not contain any libelous, defamatory or other illegal material, material that is scandalous or invades the rights of privacy or publicity of any third party; (iv) must not contain any trademarks, copyright-protected work or other property of third parties; and (v) may not be commercially exploited by you, including but not limited to making such Variations available for sale or as part of a pay-per-play or timesharing service.
Company reserves the right to remove or disable access to the Variation for any reason, including Variations that, in the Company’s sole discretion, violates this EULA. The Company may take these actions without prior notice to you.
You are solely responsible for all Variations. YOU AGREE THAT IF ANYONE BRINGS A CLAIM AGAINST THE COMPANY, ITS AFFILIATED ENTITIES, THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AUTHORISED REPRESENTATIVES OR LICENSORS (“INDEMNIFIED PARTIES”) RELATED TO YOUR VARIATIONS, YOU WILL INDEMNIFY AND HOLD THE INDEMNIFIED PARTIES HARMLESS FROM AND AGAINST ALL DAMAGES, LOSSES AND EXPENSES (INCLUDING REASONABLE LAWYER FEES AND COSTS) ARISING OUT OF SUCH CLAIM.
This EULA is effective until terminated. You may terminate this EULA at any time by deleting the Software. This EULA will terminate automatically without notice from the Company if you fail to comply with any provisions of this EULA. All provisions of this EULA as to warranties, limitation of liability, remedies and damages will survive termination.
Disclaimer of Warranties & Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, AND USE OF THE SOFTWARE IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE COMPANY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING AND WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, DURABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR EXPECTATIONS, BE SECURE, TIMELY, UNINTERRUPTED OR FREE FROM DEFECTS OR ERRORS, OR THAT DEFECTS OR ERRORS WILL BE CORRECTED.
IN NO EVENT WILL THE COMPANY, ITS AFFILIATED ENTITIES, THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AUTHORISED REPRESENTATIVES OR LICENSORS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR INJURY TO PERSON OR PROPERTY, FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY AND NEGLIGENCE) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF THE COMPANY OR AN AUTHORIZED REPRESENTATIVE OF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL THE LIABILITY OF MOOSE FOR DAMAGES WITH RESPECT TO THE SOFTWARE EXCEED THE AMOUNTS ACTUALLY PAID BY YOU IN RESPECT OF THE SOFTWARE IN THE ONE HUNDRED AND EIGHTY (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM AND IF YOU HAVE NOT PAID ANY AMOUNTS DURING THAT TIME PERIOD, YOU ACKNOWLEDGE THAT YOUR SOLE REMEDY SHALL BE TO CEASE USING THE SOFTWARE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS. NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE, RESTRICT OR MODIFY ANY RIGHT OR REMEDY YOU MAY HAVE UNDER ANY APPLICABLE LAW.
Choice of Law and Venue
This EULA is governed by the laws of Victoria, Australia and you agree to submit any dispute arising out of this EULA to the exclusive jurisdiction of the Courts of Victoria. The United Nations Convention on Contracts for the International Sale of Goods, and any local laws implementing the Convention on Contracts for the International Sale of Goods, do not apply to this Agreement.
If any provision or portion of this EULA is found to be unlawful, void, or for any reason unenforceable, it will be severed from and in no way affect the validity or enforceability of the remaining provisions of the EULA.
This EULA constitutes the entire agreement between you and the Company regarding the Software and its use.