This Software License Agreement (“Agreement”) is between you and Just One Monkey. Your use of this Software, as defined below, shall be subject to this Agreement and the terms herein. By installing, using or accessing the Software, you are hereby agreeing to accept the terms of this Agreement.
As used in this Agreement, the term "Software" shall mean all software programs made available by Just One Monkey ("Just One Monkey") including, but not limited to mobile games, downloadable/installable games for personal computer and games and services accessed by means of a browser or other online communication method. The term Software shall also include accompanying manuals, written files, electronic or on-line materials or documentation, and any and all copies of such software and its materials.
OWNERSHIP OF SOFTWARE. Just One Monkey is the sole owner of all rights, title, and interest in and to the Software, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, audiovisual effects, themes, characters, character names, stories, dialog, settings, artwork, sound effects, musical works, and moral rights whether registered or not and all applications thereof. The Software is protected by applicable laws and treaties throughout the world. The Software may not be copied, reproduced or distributed in any manner or medium, in whole or in part, without prior written consent from Just One Monkey. All rights not expressly granted to you herein are reserved by Just One Monkey.
LICENSE. Subject to this Agreement, Just One Monkey hereby grants to you a non-exclusive, non-transferable, non-sublicensable, limited right and license to use one copy of the Software for your personal, non-commercial use for gaming purpose on a single computer or gaming unit, unless otherwise specified in the Software documentation. The rights granted to you herein are subject to your full compliance with this Agreement. The term of your license under this Agreement shall commence on the date that you install or otherwise use the Software and ends on the earlier date of either your disposal of the Software or termination of this Agreement. Your license does not entitle you to circumvent any technical protections used in connection with the Software and any attempt by you to do so shall result in the immediate termination of this Agreement.
The Software is being licensed to you according to the terms herein only and you acknowledge that no title or ownership in the Software is being transferred or assigned to you. Moreover, this Agreement should not be construed as a sale of any rights in the Software. All rights not specifically granted under this Agreement are hereby reserved by Just One Monkey.
Further, you agree not to: (i) exploit the Software commercially; (ii) sell, lease, license, sell, rent, lend, convey, distribute or otherwise transfer or assign the Software, any passwords or usernames or any copies of the Software, without the express prior written consent of Just One Monkey or as set forth in herein; (iii) copy the Software or any part of it; (iv) make a copy of the Software available publicly or on a network for use or download by multiple users; (v) except as otherwise specifically provided by the Software or this Agreement, use or install the Software (or permit others to do same) on a network, for on-line use, or on more than one computer or gaming unit at the same time; (vi) use or copy the Software at a computer gaming center or any other location-based site unless you have a separate site license agreement with Just One Monkey to make the Software available for commercial use; (vii) alter, reverse engineer, decompile, disassemble, translate, enhance, prepare derivative works based on or otherwise modify the Software, in whole or in part, including disabling certain features or functions of the software; (viii) remove or modify any copyright, trademark or other proprietary rights notices, marks or labels contained on or within the Software, misrepresent or remove any author attributions, legal notices or other labels of the origin or source of the material; (ix) claim or misrepresent the source of ownership of the Software.
The Software may include functions that limit or control access to the Software, prevent unauthorized copying, or otherwise attempt to prevent anyone from exceeding the limited rights and licenses granted under this Agreement. Nothing herein shall be construed to permit you to right to interfere with control measure that may be included in the software and you may not interfere with such access control measures or attempt to disable or circumvent such security features. If you disable, attempt to disable, or otherwise tamper with the technical protection measures, the Software will not function properly and this Agreement, including any rights or licenses you have been granted herein, will immediately terminate.
The Software may allow you to create content, screenshots, or a video of your game play. To the extent that your use of the Software give rise to any copyright, you hereby grant Just One Monkey an exclusive, perpetual, irrevocable, fully transferable and sub-licensable worldwide right and license to use your contributions in any way and for any purpose without any further notice or compensation to you of any kind for the whole duration of protection granted to intellectual property rights by applicable laws and international conventions. You further hereby agree to waive any moral rights of paternity, publication, reputation, or attribution with respect to Just One Monkey’s and other players' use and enjoyment of such assets in connection with the Software and related goods and services under applicable law. This license to Just One Monkey, along with the waiver of any applicable moral rights, shall survive any termination of this License as described herein.
The Software may require an internet connection to access it or its internet-based features or perform other functions. In order for certain features of the Software to operate properly, you may be required to have (a) an adequate internet connection and/or (b) an active account with an online service provider. Without such accounts, the Software or certain features of it may not operate properly or cease to function.
INFORMATION COLLECTION AND PRIVACY RIGHTS. By installing, accessing or using the Software, you agree that Just One Monkey may collect and use technical data and related information. However, Just One Monkey respects your privacy rights and recognizes the importance of protecting any information collected about you. Just One Monkey’s privacy policy ("Privacy Policy") is available and can be view at www.Just One Monkey.com. The Private Policy is applicable to this Agreement and it defines how, why and to which extent Just One Monkey collects and uses personal and non-personal information in relation its products and services.
UNLESS SPECIFICALLY PROVIDED IN THIS AGREEMENT, JUST ONE MONKEY MAKES NO OTHER WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
LIMITATION OF LIABILITY: In no event shall Just One Monkey be liable to you or any third party, under this Agreement or through the use of the Software, for any amounts representing loss of profits, loss of data, loss of business, or indirect, consequential, or punitive damage of Licensee or such third party. Except as set forth in this Agreement, Just One Monkey’s liability in contract, tort, or otherwise for direct damages to you or any third party arising from this Agreement or the use of the Software is limited to credit, if any, for the amount of the applicable fees or royalties paid to Just One Monkey under this Agreement.
TERMINATION: This Agreement shall immediately and automatically terminate if you fail to comply with its terms and conditions. In such event, you must destroy all copies of the Software and all of its component parts.
ASSIGNMENT: You may not assign or delegate any rights, obligations, and duties under this Agreement without the prior written consent of Just One Monkey, which may be withheld in Just One Monkey’s discretion. Nothing contained in this Agreement, whether express or implied, is intended to confer on any person or entity other than the parties to it and their successors in interest and permitted assigns, any rights or remedies under this Agreement.
REMEDIES: You hereby agree that Just One Monkey will irreparably harmed if the terms of this Agreement are not specifically enforced, and therefore you agree that Just One Monkey shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies, including injunction, with respect to your breach of any of the terms of this Agreement, in addition to any other available remedies.
INDEMNITY: You agree to indemnify, defend, and hold licensor harmless from and against any and all demands, claims, or suites by any third party and any and all costs, damages, penalties, and expenses, including reasonable attorney fees, arising out of or in connection with the use of the Software by you, your agents, and/or invitees.
ENTIRE AGREEMENT: This Agreement constitutes the entire understanding and agreement between the parties with respect to the subject matter of the Agreement and supersedes any and all prior oral or written communications with respect to it, all of which are merged into it. Except as specifically provided for, this Agreement may not be altered, amended, or modified except by an instrument in writing signed by a duly authorized represent of each party.
SEVERABILITY: If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will continue in full force and effect without being impaired or invalidated in any way.
SURVIVAL: Termination or expiration of this Agreement for any reason shall not release you from any liabilities or obligations set forth in this Agreement that (a) the parties have expressly agreed shall survive any such termination or expiration or (b) remain to be performed by their nature would be intended to be applicable following any such termination or expiration. The provisions of this section shall survive the expiration or earlier termination of this Agreement.
HEADINGS. Headings used in this Agreement are for reference purposes only and neither limit nor amplify the terms of the Agreement.
COMPLIANCE WITH LAWS. You agree to comply with all applicable federal, state, and local statutes, ordinances, rules and regulations, including the rules and regulations under the United States Export Administration Act and the United States Foreign Corrupt Trade Practices Act.
GOVERNING LAW. This Agreement shall be governed by and construed according to the laws of California as they are applied to contracts made and to be performed entirely in California, but without reference to California’s rules regarding conflicts of law. The United Nations Convention for the International Sale of Goods shall not apply. All actions under this Agreement shall be brought in a federal or state court of competent jurisdiction in Orange County, California, and in no other jurisdiction.