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The distributor and an agent of Game Construct Online are entering into a legal agreement. In regards to customer use of the services and arguments in favor of being bound by these terms and conditions, we are concerned. If you do not agree to the terms and conditions set out in the game, you may not access, register, or use the services of Game Construct Online. And the customer may be referred to herein individually as a “Party” and collectively as “Parties.
1.1. Services indicate the combination of software and support services as defined below.
1.2. In this context, “Software” refers to “Game Construct” proprietary software and related documentation that the customer provides or downloads. As part of a new purchase, with the assistance of the service, or in any other way, Game Construct or its resellers or agents provide updates, upgrades, or other new functionality, functionality, or enhancements to the software to the customer. By “buying” or “selling” the software, you are granting a license to use it under the terms of this agreement.
1.3. “Support Services” may include, depending on the customer’s purchasing choices, some or all of the following: product installation assistance and/or customary technical support and maintenance services.
2.1. Scope of the Agreement: This agreement applies to the purchasing distributor and an agent who provided all of the services of Game Construct Online.
2.2. Authority: Each party represents and warrants to the other party that: (a) its performance under this Agreement will not violate any applicable law; (b) is duly constituted, validly existing and in good standing under the laws of the jurisdiction of its formation; and (c) has the full right, power, and authority to enter into this Agreement and to perform its obligations hereunder.
Game Construct Online provides software-related documentation and grants customers a non-exclusive, non-transferable, on-sublicensable, and revocable license to install and use any version of the software object code. Agreement exclusively for an internal business operation with terms and conditions for the reproduction and distribution internally of a reasonable number of copies of the software.
In the documentation, it is specified that the customer includes all trademarks, names, logos, and notices provided by Game Construct Online on all copies. Under this agreement, it reserves all rights to the software not expressly granted to the customer.
4.1. No Right to Source Code:
The customer acknowledges that the source code and the underlying structure and algorithms of the software are the property and exclusive trade secrets of Game Construct Online.
No license is granted to use the source code of the software, and such use is expressly prohibited, and the customer undertakes not to:
(i) modify, reverse engineer, decompile, translate, or disassemble the software.
(ii) obtain or attempt to create, derive, or obtain the source code of the Software,
(iii) create a source code equivalent or derivative of the Software, or
(iv) cause or permit any third party to perform any of the foregoing.
4.2. No Right to Transfer, Resell, or Provide Services:
Customer is expressly prohibited from assigning, distributing, licensing, sublicensing, selling, renting, leasing, granting security, or transferring any otherwise rights in or to the Software; and reselling the Software, using the Software to provide any kind of paid or unpaid service to third parties (including, without limitation, incorporating any part of the Software into a product or service provided by Customer to third parties); or otherwise making the Software available to third parties, whether timeshare, service provider, hosting, or otherwise.
4.3. Use of Coded Instructions:
The customer acknowledges and agrees that the software may contain coded instructions that limit the number of users who may access the software and disable all or part of the functionality of the software and any related electronic documentation upon the termination of the licenses granted hereunder and contain other permissions or restrictions that may specifically be included in this agreement. The customer agrees not to interfere with any license key mechanism in the software or to attempt to bypass, disable, or interrupt any mechanism of the software intended to control or limit the use of the software.
4.4. Other restrictions:
The customer agrees not to remove, modify, or cover any copyright notices, trademark notices, or other proprietary rights.
A third party may use the licenses and rights granted under this Agreement to design, develop, or distribute a commercial product or service that competes with the software by placing or incorporating notices in or into the software.
It makes available to third parties any analysis of the operating results of the software, including benchmarking results, if it disseminates information relating to its performance or its misuse or distribution in violation of any applicable law, regulation, or export restriction.
Game Construct Online has the sole and exclusive right to own the software and all intellectual property rights associated with it between Game Room Sweeps and the Buyer (as a distributor or an agent). A customer will not take any action incompatible with ownership of the software and intellectual property associated with it.
6.1. Game Construct Online services are to be used for entertainment purposes only. The customer acknowledges that the services may be subject to the laws and regulations of the United States, states, counties, and municipalities. Accordingly, the customer may only use the services in full compliance with all applicable laws and regulations. The customer is responsible for underestimating and using the services in a way that does not violate federal, state, or local laws.
6.2. Subject to the indemnification duties defined below, at its sole price and expense, Customer hereby agrees to shield and maintain innocent Game Construct Online and its associates and subsidiaries, and its and their officers, directors, stockholders, employees, consultants, representatives, agents, successors and assigns (the “Indemnitees”) in any 1/3 action or claim, and to indemnify Game Construct Online and its Indemnitees from and in opposition to any claims, losses, liabilities, sums of money, damages, expenses, and costs (including, however now no longer restrained to, affordable attorneys’ fees) (collectively, “Claims”) bobbing up from such motion or declare and associated to Customer’s breach of any period or condition, or of any of its representations or warranties, set forth on this Agreement-the customer’s violation of relevant law; and/or Customer’s gross negligence or willful misconduct.
