EULA
PLEASE BE SURE THAT YOU CAREFULLY READ AND UNDERSTAND ALL OF THE RIGHTS AND RESTRICTIONS OUTLINED IN THIS END USER SOFTWARE LICENSE AGREEMENT ("EULA") BEFORE INSTALLING THIS SOFTWARE.
THIS AGREEMENT CONTAINS IMPORTANT TERMS WHICH AFFECT YOUR LEGAL RIGHTS. BY INSTALLING THE SOFTWARE PROGRAM, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PLEASE DO NOT INSTALL THIS SOFTWARE.
Agreement
This EULA is an agreement between you and PlayAll GmbH, its subsidiaries and affiliates (collectively, the "Company"). Unless governed by a separate license agreement, as specifically indicated during the downloading or installing of software, any software you download from the PlayAll website (the "Site"), which is located at www.PlayAll.com and any accompanying materials (the "Software") are 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. The software is provided solely for installation and use with the services provided by the Company. Any use, reproduction or redistribution of the Software not in accordance with the terms of the EULA is expressly prohibited.
Copyright
The Software is protected by copyright laws and international copyright treaties as well as other intellectual property laws and treaties. All title and copyright in and to the Software are owned by the Company or its Licensors unless otherwise specified. The Company reserves all rights, except as expressly stated. The Software contains licensed materials.
Grant of License
The Software is licensed and not sold to you. Your license confers no title or ownership of the Software or copies thereof. The Company grants you a limited, personal, non-exclusive license to install one copy of the Software on a computer and use the Software in the manner described in the Terms and Conditions of Use located on the Site. In order to use the Software, you will have to obtain an account with the PlayAll service through the site. The Company reserves all rights not expressly granted to you in this EULA.
Restrictions
You may not delete or obscure any copyright, trademark or other proprietary notice on the Software or accompanying materials.
You may not, in whole or in part: copy, photocopy, decompile, reproduce, modify, reverse engineer, translate, disassemble, derive source code or otherwise reproduce or analyze the Software or attempt in any manner to circumvent any security measures designed to control access to the Software. The Software is licensed to you as a single product. Its component parts may not be separated for use.
You may not rent, lease, sublicense, distribute, publicly display the Software, create derivative works based on the Software or otherwise commercially exploit the Software.
Except for your personal use, you may not (electronically) transmit the Software from one computer, console or other platform to another or over a network.
Termination
This EULA is effective until terminated, even if you cancel your user account on the Site. You may terminate this EULA at any time by uninstalling the Software and uninstalling any copies.
This EULA will terminate automatically without notice from the Company if you fail to comply with any provisions of this EULA. In such event, you must immediately remove the Software. All provisions of this EULA as to copyright, warranties, limitation of liability, remedies and damages will survive termination.
No Warranty of any kind
The Software is supplied "AS IS". You are aware and agree that any use of the Software is at your sole risk. The Company does not warrant that the Software or its operations or functions will meet your requirements, or that the use of the Software will be without interruption or error.
TO THE FULLEST EXTENT PERMISSABLE UNDER APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING AND WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
THE COMPANY DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS OR OTHERWISE. IN NO EVENT WILL THE COMPANY, ITS EMPLOYEES, OFFICERS, DIRECTORS 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 AUTHORIZED REPRESENTATIVE OF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Severability clause
This EULA and the Terms and Conditions of Use (of which it is a part) constitutes the entire agreement between you and the Company in relation to the subject-matter hereof and supersedes any prior oral or written agreements. Should a provision of this EULA be invalid or become invalid or for any reason unenforceable or should this agreement contain an omission, the legal effect of the other provisions shall not thereby be affected. In place of the invalid provision, a valid provision - which accurately corresponds with the invalid provision's original function and intent - is deemed to have been agreed upon by all parties concerned. Likewise in the event of an omission.
Applicable law
This EULA is governed by the laws of Germany.
This EULA may be amended, altered or modified only in textform ( Sec. 126 b German Civil Code) by an instrument in writing, specifying such amendment, alteration or modification.
YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE ABOVE EULA AND AGREE THAT THE INSTALLATION OF THE SOFTWARE IS AN ACKNOWLEDGMENT OF YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THE EULA CONTAINED HEREIN.
