Applicable from: 15 April 2012.
LIMITED WARRANTY AND LICENSE AGREEMENT
THE SOFTWARE IS LICENSED, NOT SOLD. YOUR USE OF THE
SOFTWARE (AS SPECIFIED BELOW) IS SUBJECT TO THIS LIMITED
WARRANTY AND LICENSE AGREEMENT FOR END USERS AND THE TERMS
AND CONDITIONS SET FORTH BELOW ("AGREEMENT").
For purposes of this Agreement "Software" means all
software programs and services made available by Olcinium,
its subsidiaries and affiliates ("Olcinium") 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. Software also includes updates and
upgrades as well as accompanying manual(s), packaging and
other written, files, electronic or on-line materials or
documentation, and any and all copies of such software and
its materials.
BY INSTALLING, USING OR ACCESSING THE SOFTWARE OR ANY
MATERIALS INCLUDED WITH THE SOFTWARE, YOU HEREBY ACCEPT
THE TERMS OF THIS AGREEMENT. If you do not agree to the
terms of this Agreement, do not install, use or access the
Software.
LICENSE. Subject to this Agreement and its terms and
conditions, Olcinium hereby grants 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 gameplay on a single computer or
gaming unit, unless otherwise specified in the Software
documentation. Your acquired rights are subject to your
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
Olcinium's termination of this Agreement. Your license
terminates immediately if you attempt to circumvent any
technical protection measures used in connection with the
Software. The Software is being licensed to you and you
hereby acknowledge that no title or ownership in the
Software is being transferred or assigned and this
Agreement should not be construed as a sale of any rights
in the Software. All rights not specifically granted under
this Agreement are reserved by Olcinium and its licensors.
OWNERSHIP. Olcinium retains all right, title and interest
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. Unless
expressly authorized by mandatory legislation, the
Software may not be copied, reproduced or distributed in
any manner or medium, in whole or in part, without prior
written consent from Olcinium. All rights not expressly
granted to you herein are reserved by Olcinium.
You agree not to: (i) commercially exploit the Software;
(ii) distribute, lease, license, sell, rent, lend, convey
or otherwise transfer or assign the Software, any
passwords or usernames or any copies of the Software,
without the express prior written consent of Olcinium or
as set forth in this Agreement; (iii) make a copy of the
Software or any part thereof (other than as set forth
herein); (iv) make a copy of the Software publicly
available or available 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;
provided, that Olcinium may offer you a separate site
license agreement to make the Software available for
commercial use; (vii) reverse engineer, decompile,
disassemble, translate, prepare derivative works based on
or otherwise modify the Software, in whole or in part;
(viii) remove, obscure or modify any copyright, trademark
or other proprietary rights notices, marks or labels
contained on or within the Software, falsify or delete any
author attributions, legal notices or other labels of the
origin or source of the material; (ix) misrepresent the
source of ownership of the Software; (x) transport, export
or re-export (directly or indirectly) into any country
forbidden to receive such Software by any U.S. or other
export laws or accompanying regulations or otherwise
violate such laws or regulations, that may be amended from
time to time; or (xi) scrape, build databases or otherwise
create permanent copies of content returned from the
Software.
However, with regards to installable Software that was
delivered on a physical storage medium, you may transfer
the entire Software and accompanying documentation on a
permanent basis to another person as long as you retain no
copies (including archival or backup copies) of the
Software, accompanying documentation, or any portion or
component of the Software accompanying documentation, and
the recipient agrees to the terms of this Agreement. The
Software is intended for private use only.
The Software may include measures to control access to the
Software, prevent unauthorized copies, or otherwise
attempt to prevent anyone from exceeding the limited
rights and licenses granted under this Agreement. Only
Software subject to a valid license can be used to access
online services, and download updates and patches. You may
not interfere with such access control measures or attempt
to disable or circumvent such security features. If you
disable or otherwise tamper with the technical protection
measures, the Software will not function properly.
The Software may allow you to create content, including
but not limited to gameplay maps, screenshots or a video
of your game play. In exchange for use of the Software,
and to the extent that your contributions through use of
the Software give rise to any copyright, design right or
any other intellectual or industrial property right you
hereby grant Olcinium an exclusive, royalty-free,
perpetual, irrevocable, fully transferable and
sub-licensable worldwide right and license to use your
contributions in any way and for any purpose including,
but not limited to the rights to reproduce, copy, adapt,
modify, perform, display, publish, broadcast, transmit, or
otherwise communicate to the public by any means whether
now known or unknown and distribute your contributions
without any further notice or compensation to you of any
kind for the whole duration of protection granted to
intellectual and industrial property rights by applicable
laws and international conventions. If not expressly
prohibited by mandatory legislation, you hereby waive any
moral rights of paternity, publication, reputation, or
attribution with respect to Olcinium '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 grant to Olcinium, and the above waiver
of any applicable moral rights, survives any termination
of this License.
The Software may require an internet connection to access
the Software or its internet-based features, authenticate
the Software, or perform other functions. In order for
certain features of the Software to operate properly, you
may be required to have and maintain (a) an adequate
internet connection and/or (b) a valid and active account
with an online service as set forth in the Software
documentation. If you do not maintain such accounts, then
the Software or certain features of the Software may not
operate or may cease to function properly, either in whole
or in part.
By installing, accessing or using the Software, you
consent to these information collection and usage terms,
including (where applicable) the transfer of data into a
country outside of the European Union and/or the European
Economic Area or the United States of America.
Olcinium respects your privacy rights and recognizes the
importance of protecting any information collected about
you. Olcinium's privacy policy as amended from time to
time is available at www.facebook-desktop.com/privacy.html
("Privacy Policy") and applicable to this Agreement.
Olcinium’s Privacy Policy defines how, why and to which
extent Olcinium collects and uses personal and
non-personal information in relation to Olcinium's
products and services. By installing, accessing or using
the Software you explicitly agree with the terms and
conditions of Olcinium’s Privacy Policy.
Olcinium warrants to you (if you are the initial and
original purchaser of the Software) that, to the extent
the Software is made available to you on a physical
storage medium, the original storage medium holding the
Software is free from defects in material and workmanship
under normal use and service for 90 days from the date of
purchase. If mandatory legislation in your jurisdiction
requires longer in excess to the aforementioned 90 days,
the length of the warranty is amended accordingly. If for
any reason you find a defect in the physical storage
medium during the warranty period, Olcinium agrees to
replace, free of charge, any physical storage medium and
related Software discovered to be defective within the
warranty period as long as the Software is currently
commercially distributed by Olcinium. If the Software is
no longer available, Olcinium retains the right to
substitute a similar piece of Software of equal or greater
value. This warranty is limited to the physical storage
medium and the Software as originally provided by Olcinium
and is not applicable to normal wear and tear. This
warranty shall not be applicable and shall be void if the
defect has arisen through abuse, mistreatment, or neglect.
Any implied warranties prescribed by statute are expressly
limited to the warranty period described above.
When returning the Software subject to the limited
warranty above, please send the original Software only to
the Olcinium address specified below and include: your
name and return address; a photocopy of your dated sales
receipt; and a brief note describing the defect and the
system on which you are running the Software.
NOTWITHSTANDING THE ABOVEMENTIONED WARRANTY FOR PHYSICAL
STORAGE MEDIUM, AND TO THE FULLEST EXTENT PERMISSIBLE
UNDER APPLICABLE LAW, THE SOFTWARE IS PROVIDED TO YOU “AS
IS,” WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND,
WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND,
AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF
SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU.
OLCINIUM, OLCINIUM’S LICENSORS AND CHANNEL PARTNERS DO NOT
MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR
STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF
CONDITION, UNINTERRUPTED USE, MERCHANTABILITY,
SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE,
NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF
ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE
PRACTICE. OLCINIUM, OLCINIUM’S LICENSORS AND CHANNEL
PARTNERS DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR
ENJOYMENT OF THE SOFTWARE; THAT THE SOFTWARE WILL MEET
YOUR REQUIREMENTS; THAT OPERATION OF THE SOFTWARE WILL BE
UNINTERRUPTED OR ERROR-FREE, OR THAT THE SOFTWARE WILL
INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR
THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL
OR WRITTEN ADVICE PROVIDED BY OLCINIUM, OLCINIUM’S
LICENSORS AND CHANNEL PARTNERS OR ANY AUTHORIZED
REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED
WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY
RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE
EXCLUSIONS AND LIMITATIONS APPLY ONLY TO THE FULLEST
EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
IN NO EVENT WILL OLCINIUM, OLCINIUM’S LICENSORS OR CHANNEL
PARTNERS BE LIABLE FOR SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, ACCESS,
USE OR MALFUNCTION OF THE SOFTWARE, INCLUDING BUT NOT
LIMITED TO, DAMAGES TO PROPERTY, LOSS OF GOODWILL,
COMPUTER FAILURE OR MALFUNCTION AND, TO THE EXTENT
PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, PROPERTY
DAMAGE, LOST PROFITS OR PUNITIVE DAMAGES FROM ANY CAUSES
OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT OR
THE SOFTWARE, WHETHER ARISING IN TORT (INCLUDING
NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE AND
WHETHER OR NOT OLCINIUM, OLCINIUM’S LICENSORS OR CHANNEL
PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. FOR PURPOSES OF THIS SECTION 5, OLCINIUM’S
LICENSORS AND CHANNEL PARTNERS ARE THIRD PARTY
BENEFICIARIES TO THE LIMITATIONS OF LIABILITY SPECIFIED
HEREIN AND THEY MAY ENFORCE THIS AGREEMENT AGAINST YOU.
BECAUSE SOME STATES/COUNTRIES DO NOT ALLOW CERTAIN
LIMITATIONS OF LIABILITY, THIS LIMITATION OF LIABILITY
SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE
APPLICABLE JURISDICTION. THIS LIMITATION OF LIABILITY
SHALL NOT BE APPLICABLE SOLELY TO THE EXTENT THAT ANY
SPECIFIC PROVISION OF THIS LIMITATION OF LIABILITY IS
PROHIBITED BY ANY FEDERAL, STATE, OR MUNICIPAL LAW, WHICH
CANNOT BE PRE-EMPTED. THIS AGREEMENT GIVES YOU SPECIFIC
LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM
JURISDICTION TO JURISDICTION.
IN NO EVENT SHALL OLCINIUM’S, OLCINIUM’S LICENSORS’ OR
CHANNEL PARTNERS’ LIABILITY FOR ALL DAMAGES (EXCEPT AS
REQUIRED BY APPLICABLE LAW) EXCEED THE ACTUAL PRICE PAID
BY YOU FOR USE OF THE SOFTWARE OR FIFTY EUROS (EUR 50),
WHICHEVER LESS.
TERMINATION: This Agreement will terminate automatically
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 and cease and desist from
accessing any service components of the Software. With
regards to Software delivered on a physical storage medium
you can end this Agreement by destroying the Software and
all copies and reproductions of the Software and deleting
and permanently purging the Software from any client
server or computer on which it has been installed.
EQUITABLE REMEDIES: You hereby agree that if the terms of
this Agreement are not specifically enforced, Olcinium
will be irreparably damaged, and therefore you agree that
Olcinium shall be entitled, without bond, other security
or proof of damages, to appropriate equitable remedies
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
Olcinium, its partners, affiliates, contractors, officers,
directors, employees and agents harmless from and against
any and all damages, losses and expenses arising directly
or indirectly from: (i) your acts and omissions to act in
using the Software pursuant to the terms of the Agreement;
or (ii) your breach of this Agreement.
MISCELLANEOUS: This Agreement represents the complete
agreement concerning this license between the parties and
supersedes all prior agreements and representations
between them. It may be amended only by a written document
executed by both parties. If any provision of this
Agreement is held to be unenforceable for any reason, such
provision shall be reformed only to the extent necessary
to make it enforceable and the remaining provisions of
this Agreement shall not be affected.
GOVERNING LAW AND DISPUTE RESOLUTION. This Agreement will
be governed by the laws of Finland without reference to
its choice of law rules. The United Nations Convention for
the International Sale of Goods shall not apply. Any
dispute, controversy or claim arising out of or relating
to this Agreement or the breach, termination or validity
thereof shall be finally settled at Olcinium's discretion
(i) at your domicile's competent courts; or (ii) by
arbitration in accordance with the Arbitration Rules of
International Chamber of Commerce. The arbitration shall
be conducted in Helsinki, Finland, in the English
language. The award shall be final and binding on the
parties.
BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION AGAINST OLCINIUM AND ITS PARTNERS.
IF YOU HAVE ANY QUESTIONS CONCERNING THIS AGREEMENT, YOU
MAY CONTACT info@facebook-desktop.com.
