END USER LICENSE AGREEMENT
THIS END USER LICENSE AGREEMENT (THE: “AGREEMENT”) SPECIFIES THE TERMS AND CONDITIONS FOR USE OF SDR GLOBAL VENTURES, LLC. (“SDR GLOBAL VENTURES” or “TRIANGULARITY GAMES”) “PLAYER” SOFTWARE APPLICATION AND/OR ANY OTHER SOFTWARE DEVELOPED AND/OR PROVIDED BY TRIANGULARITY GAMES (COLLECTIVELY, THE “SOFTWARE”), WHICH MAY BE LICENSED TO YOU IN CONNECTION WITH YOUR USE OF THE “TRIANGULARITY GAMES” ON DEMAND SERVICE (“SERVICE”) MADE AVAILABLE TO YOU BY TRIANGULARITY GAMES. THE TERM “SOFTWARE” ALSO INCLUDES ANY DOCUMENTATION AND/OR ASSOCIATED MATERIALS PROVIDED TO YOU IN CONNECTION THEREWITH.
THIS AGREEMENT IS IMPORTANT. BEFORE DOWNLOADING, INSTALLING AND/OR USING THE SOFTWARE, YOU MUST CAREFULLY READ AND AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT SET FORTH BELOW.
PLEASE NOTE THAT THIS AGREEMENT IS A LEGAL AGREEMENT BETWEEN YOU (“You” “Your” Or “User”) AND TRIANGULARITY GAMES. IN ANY EVENT, BY CLICKING ON THE BUTTON LABELED “SUBMIT”, “DOWNLOAD”, “I ACCEPT”, “I AGREE”, “OPEN”, “SAVE” OR ANY OTHER SIMILAR LINKS AS MAY BE DESIGNATED BY TRIANGULARITY GAMES AND/OR BY INSTALLING OR USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT INSTALL AND/OR USE THE SOFTWARE OR CLICK ON THE “I DO NOT AGREE” BUTTON AND CANCEL OPERATION OF THE SOFTWARE.
PURSUANT TO ANY APPLICABLE STATUTES, REGULATIONS, RULES, ORDINANCES OR OTHER LAWS, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SOFTWARE. FURTHER, YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY STATUTES, REGULATIONS, RULES, ORDINANCES OR OTHER LAWS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS
1. USE OF THE SOFTWARE
Subject to all the terms of this Agreement, Triangularity Games grants You a limited, personal, non-exclusive, non-transferable non sub-licensable, non-assignable license, pursuant to the terms and conditions hereof, to install and use one copy of the Software on a single Windows® operated personal computer (“PC”) or an AndroidTM operated mobile devices (“Mobile Device”) owned and controlled by You, solely in connection with Your use of the Service. The Software is a “player” application that provides You with the means to access and play third party digital games applications that are made available on the Service (“Games”).
Triangularity Games is entitled, at any time and for whatever reason, to limit, deny, create different priorities to different users, modify, or cancel some or all of the functionality or content of the Software or the Service without prior notice. Triangularity Games may elect in its sole discretion to condition the continuation of this license on You accepting software improvements, corrections, adaptations, and conversions to more recent Software versions or any other changes to the Software or the Service.
2. USE OF THE SERVICE
The Service is an on-demand games service, which allows You, subject to the terms of this Agreement, by installing and using the Software, to access and play Games , in real-time, on-demand, mode. Your right to use the Games is a limited, non-exclusive, non-transferable, personal right and is granted subject to all of the limitations and restrictions set forth in the Games End User License Agreement (“”Game EULA”) which can be found EULA. It is Your responsibility to comply with all terms and conditions, restrictions and disclaimers specified in the Game EULA.
3. OPERATION OF THE SOFTWARE
In order to enable operation of the Software and use of the Service and the Games through Your PC/Mobile Device, You must have Adobe® Flash® Player browser-based Games installed on Your PC/Mobile Device.
4. OPTIONAL ACCESSORIES
When You download the Software, You may be offered the option of downloading one or more third party products (such as, but not limited to, toolbars) which are complementary to Your use of the TRIANGULARITY GAMES Games or which may otherwise be of interest to You. Your download and use of such third party products are governed by a separate End User License Agreement which is provided by the proprietor of such products and which You will have to approve in order to download and use such third party products.
When You download the Software, You will also be offered the option of setting Your homepage, on Your PC/Mobile Device to which the Software is downloaded, to TRIANGULARITY GAMES customized web search page.
5. UNINSTALLING THE SOFTWARE AND ACCESSORIES
You may uninstall the Software at any time, using the relevant uninstall procedure, which is as follows: (1) Click the Windows START button (usually placed in the lower left side of your screen); (2) Select Control panel, and once its window opens select the “Add or Remove Programs” utility (in Windows Vista – “Programs and Features”); (3) Once the software list loads select “TRIANGULARITY GAMES player” and then click on “Change/Remove”. If You get a message stating that the “TRIANGULARITY GAMES player is running”, You will need to restart your computer and then perform the procedure again; (4) When you are prompted click on “Remove All”, and then the uninstall process will finish.
You may uninstall the TRIANGULARITY GAMES toolbar at any time, using the relevant uninstall procedure- click HERE to review the procedure.
Please note that since the Service is an ads-supported service provided to You free of charge, uninstalling the Software may result in the termination of the Service.
Note that if You had set Your Internet browser’s homepage to TRIANGULARITY GAMES customized web search page, it will not be changed when you uninstall the Software and/or the toolbar. To change your browse’s homepage to another page of your choice click on the “Tools” button in Internet Explorer and then click on “Internet Options”. Set your preferred homepage by selecting the appropriate options on the “General Tab”.
Also note that when You uninstall the Software and/or the toolbar, persistent cookies placed on Your computer as described in this Agreement (if any) will remain on Your computer. Should You wish to remove any such cookie, please review Your browser’s “Help” menu.
The Software and any part thereof, is the proprietary product of Triangularity Games or its licensors and is protected by copyright laws and international copyright treaties, as well as other U.S. and international laws. You agree that You shall not (and shall not permit any third party) to: (a) copy or permit others to copy all or any portion of the Software; (b) remove any product identification, copyright, trademark or other proprietary notice or disclaimer from the Software; (c) disclose, distribute or otherwise make available the Software to any other party; (d) rent, lease, loan, sublicense, sell, assign or otherwise transfer the Software; (e) use a previous version or copy of the Software after You have received an upgraded version as a replacement of the prior version; (f) modify, adapt, translate or attempt to hack any communication initiated by the Software or to defeat or overcome any encryption and/or other technical protection methods implemented by Triangularity Games or its third party partners with respect to the Software and/or any data or file transmitted, processed or stored on or through the Software; (g) reverse engineer, de-compile, disassemble, alter, duplicate, modify, make copies, create derivative works from, distribute or provide others with the Software in whole or part, or otherwise transmit the Software over a network; (h) through the use of any Games or otherwise, alter or modify the values stored by the Software in Your PC/Mobile Device’s memory, on Your PC/Mobile Device’s hard disk, or in Your PC/Mobile Device’s registry, or, with the exception of completely uninstalling the Software, otherwise modify, alter or block the functioning of the Software; (i) use automated means, including scripts, batch files, emulators or any others means, to control the operation of the Software.
Furthermore, You agree not to use the Software to: (a) transmit or communicate any data or perform any activity, that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (b) harm minors in any way; (c) impersonate any person or entity or falsely state or otherwise misrepresent Your affiliation with a person or entity; (d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any data transmitted to other users; (e) transmit, access or communicate any data that You do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non- disclosure agreements); (f) transmit, access or communicate any data that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (g) transmit or communicate any data that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (h) disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges; (i) interfere with or disrupt the Software; (j) intentionally or unintentionally violate any applicable local, state, national or international law, including any rules and regulations of any securities exchange, any rules, regulations, requirements, procedures or policies in force from time to time relating to the Software, and any export or re-export laws, rules and regulations; (k) collect any information or communication about the users of the Software by monitoring, interdicting or intercepting any process of or communication initiated by the Software or by developing or using any software or any other process or method that engages or assists in engaging in any of the foregoing; (l) “stalk” or otherwise harass another; (m) modify, delete or damage any information contained on the personal PC/Mobile Device of any other user; (n) collect or store personal data or other information about other users; (o) intentionally make available “spoofed” files or data, or files or data with any type of information designed to misidentify the actual content of a file or which is intended to mislead the recipient of the file; (p) utilize the Software for any non-personal or commercial purpose or for the benefit of any third party or charge any person for the use or distribution of the Software; (q) remove any proprietary notices from the Software; (r) take any steps to interfere with or in any manner compromise any of security measures with respect to the Software or any data or file transmitted, processed or stored on or through the Software; (s) perform any activity which will or may breach the rights of any third party; or (t) engage in commercial activities including, but not limited to, offering for sale any products or services, soliciting for advertisers or sponsors or selling, licensing or granting public access to any content or other information offered on the Service.
(b) By installing the Software You fully agree that: (i) Triangularity Games and/or Companies have an irrevocable, assignable right to display advertisements on the Games, and/or as a “frame” around the Games (i.e., within the frame surrounding “TRIANGULARITY GAMES player”) and/or on Your PC/Mobile Device, either before, after and/or during game play, including in registration, menu, pre-roll, post roll etc, at their sole and absolute discretion without having to receive Your authorization and without any compensation to You; (ii) the timing, frequency, placement and extent of advertising by each of the Companies are subject to change and shall be determined by each of the Companies, at its sole discretion. The frequency of these advertisements (which will be displayed on Your screen) will vary; (iii) your correspondence or business dealings with any of the Companies, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such Company. Triangularity Games does not and shall not have any liability, responsibility in connection thereof and shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such Company’ advertisements on the Games; (iv) so long as You have not entirely deleted the Software and all Games deriving from the Service, from Your PC/Mobile Device – not to take any action, including downloading other software, to disable or block the display of the advertisements enabled by the Software; (v) that the Software will collect the non-personally identifiable information described above and that the Companies may use such information for the purposes described in sections 7(a) above, including for research, royalty and targeting purposes.
(c) Each of the Companies may work with third party advertising companies to serve and embed and integrate various advertisements (“Ads”) Games You use. Each of the Companies may use information about Your use of the Games and/or exposure to any of the Ads and/or use of any game, in combination with non-personally identifiable information about Your usage transactions and interests from other online and offline sources, in order to provide advertisements about goods and services. In addition, each of the Companies may share website usage information about visitors to their websites and use of any game and/or other applications, with other Companies for purposes of managing and targeting advertisements and for market research analysis on websites and any service provided therein. For these purposes, each of the Companies may note and have access to various information, including, without limitations, some of the pages You visit on the websites, Ads seen in any game and/or other Games, any progress You made in any game and/or other Games etc.
(d) You agree and acknowledge that the Software may target Ads based on non-personally identifiable information (e.g., geographical location). You agree that the Software will collect the non-personally identifiable information items, including for research, royalty and targeting purposes.
8. NO REPRESENTATIONS OR WARRANTIES.
THE SOFTWARE IS PROVIDED “AS IS”, AND ON “AS AVAILABLE” BASIS WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. TRIANGULARITY GAMES DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. YOU ASSUME THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE. YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PC/MOBILE DEVICE OR THE INTERRUPTION OF USE, LOSS OR CORRUPTION OF DATA STORED ON YOUR PC/MOBILE DEVICE RESULTING FROM THE USE OF, OR INABILITY TO USE, THE SOFTWARE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
YOU AGREE TO INDEMNIFY, HOLD HARMLESS AND DEFEND TRIANGULARITY GAMES AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, CO-BRANDERS OR OTHER PARTNERS, AND EMPLOYEES, AT YOUR EXPENSE, AGAINST ANY AND ALL THIRD PARTY CLAIMS OR DEMANDS, ACTIONS, PROCEEDINGS AND SUITS AND ALL RELATED LIABILITIES, DAMAGES, SETTLEMENTS, PENALTIES, FINES COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEY’S FEES AND OTHER DISPUTE RESOLUTION EXPENSES) INCURRED BY TRIANGULARITY GAMES, DUE TO OR ARISING OUT OF DATA YOU SUBMIT, POST TO, TRANSMIT OR COMMUNICATE THROUGH THE SOFTWARE, YOUR USE OR MISUSE OF THE SOFTWARE, YOUR CONNECTION TO OTHER USERS, YOUR VIOLATION OF THIS AGREEMENT, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER.
10. LIMITATION OF LIABILITY
YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL TRIANGULARITY GAMES, ITS EMPLOYEES, SUPPLIERS, DIRECTORS, LICENSORS, PARTNERS, AGENTS AND/OR SERVICE PROVIDERS BE LIABLE FOR ANY LOSSES OR DAMAGES WHATSOEVER, WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF (A) YOUR USE OF, OR INABILITY TO USE, THE SOFTWARE AND/OTHER GAMES, (B) THE INTERRUPTION OF USE, LOSS OR CORRUPTION OF DATA STORED ON YOUR PC/MOBILE DEVICE , (C) THE INTERRUPTION OR INABILITY TO USE YOUR PC/MOBILE DEVICE, OR (D) ANY OTHER MATTER RELATING TO YOUR USE OF THE SOFTWARE AND/OR THE GAMES, INCLUDING BY WAY OF ILLUSTRATION AND NOT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING LEGAL FEES, LOST PROFITS, LOST BUSINESS OR LOST OPPORTUNITY, EVEN IF TRIANGULARITY GAMES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, IN SUCH STATES OR JURISDICTIONS, TRIANGULARITY GAMES LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THE FOREGOING DISCLAIMERS OF WARRANTY AND LIMITATIONS OF LIABILITY CONSTITUTE AN ESSENTIAL PART OF THIS AGREEMENT. IN NO EVENT WILL TRIANGULARITY GAMES ENTIRE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT EXCEED $5.00
FURTHER, AND WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND UNDERSTAND THAT BY USING THE INTERNET AND/OR THE SOFTWARE AND/OR THE SERVICE AND/OR ANY GAMES AND/OR OTHER CONTENT OFFERED ON THE SERVICE, YOU MAY BE EXPOSED TO CONTENT THAT MAY BE DEEMED OFFENSIVE, INDECENT, OR OBJECTIONABLE, CONTAMINATED FILES, COMPUTER VIRUSES, EAVESDROPPING, HARASSMENT, ELECTRONIC TRESPASSING, HACKING AND OTHER HARMFUL ACTS OR CONSEQUENCES THAT MIGHT LEAD TO UNAUTHORIZED INVASION OF PRIVACY, LOSS OF DATA AND OTHER DAMAGES. NOTWITHSTANDING THE FOREGOING, YOU AGREE TO USE THE SOFTWARE AND SERVICE AT YOUR SOLE RISK AND THAT TRIANGULARITY GAMES SHALL NOT BE LIABLE WITH RESPECT TO ANY OF THE FOREGOING AND YOU HEREBY WAIVE ANY CLAIM, DEMAND AND CAUSE OF ACTION AGAINST TRIANGULARITY GAMES WITH RESPECT THERETO.
11. OWNERSHIP AND TITLE
The Software is licensed, not sold. You agree that the Software belongs to Triangularity Games, including without limitation all rights, title and interests in and to the Software and all copies thereof, all of which are proprietary and contain valuable trade secrets of Triangularity Games. You agree that You neither own nor hereby acquire any claim or right of ownership to the Software, any part thereof or to any intellectual property right embodied in the Software. Any and all modifications or enhancements to the Software made by You or Triangularity Games remain the sole property of Triangularity Games. All the Games are the property of the applicable owner of such Games and are protected by applicable copyright law. This Agreement gives You no rights to such Games.
You agree that, in connection with Your use of the Software, Triangularity Games may collect and use personal, technical and related information and data, including but not limited to technical information about Your PC/MOBILE DEVICE, system and software, and regarding Your use of the Software and/or any other application available on the Service (“User Information”), with the intent to facilitate the provision of software updates, product support and other services to You related to the Software and Service and to verify compliance with the terms of this Agreement. The following User Information is collected: which browser You currently use; which operating system do You have; and what is the IP the You are using when approaching the Service. In addition, by entering the Service, You give your consent to allow Triangularity Games to collect Your User Information detailed herein: play session length; download time; which games were downloaded; which component were downloaded (player/SDM); error(s) that accrued during download and play sessions; which input method You use (mouse/keyboard/touch); which video card do You have; how much memory does Your’s PC/Mobile device has; the unique machine ID You have; which campaign brought You to the Service; which internal campaigns did You take part in- all for internal purposes for the Service.
13. EXPORT CONTROLS
The Software is controlled by certain export laws and regulations. The Software may not be exported or re-exported to any country or person to which the United States prohibits the export of goods, technology or services. By downloading the Software, You are (a) representing that You are not a national of any country to which the United States prohibits the export or re-export of goods, services or technology; and (b) agreeing to fully comply with all the export and re-export restrictions, laws and regulations of any such authority (iii) You will not transfer, or authorize the transfer, of the Software to a prohibited country or otherwise in violation of any such restriction or regulations.
14. TERM AND TERMINATION
The license for the Software shall be effective from the date You download the Software until the date of termination. Triangularity Games may terminate this license at any time without prior notice. In addition, the license for the Software automatically terminates upon termination or expiration of Your subscription to the Service.
You agree that the Software is the proprietary information of Triangularity Games. You further agree that You will not distribute the Software to any third party.
This Agreement shall be governed by the laws of the state of Israel. Any dispute or action in connection with this Agreement shall be brought exclusively to the competent courts in the city of Tel Aviv, Israel, which shall have sole and exclusive jurisdiction over any such dispute and action, and You irrevocably agree to the jurisdiction of such courts. You agree that regardless of any statute or law to the contrary, any claim or cause of action You may have arising out of, related to or connected with the use of the Service, Software or this Agreement must be filed by You within six (6) months after such claim or cause of action arose or be forever barred.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THIS AGREEMENT BETWEEN YOU AND TRIANGULARITY GAMES, WHICH SUPERSEDES ANY AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND TRIANGULARITY GAMES RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.