1.1 This End User Licence Agreement (or “EULA”) is a contract between you and AppyNation Limited. This EULA applies to the game “Powertools Kids”, the software in it including any patches or updates, any in-app purchase content and any User Generated Content (which we explain in section 6) (we’ll refer to them together as the “Game”).
1.2 If you are under 18 years of age, please ask your parent or guardian to review and approve this EULA on your behalf (because in some countries people under the age of 18 cannot enforceably enter into contracts like this EULA on their own).
1.3 You confirm your agreement to this EULA by accepting it as part of the installation process of the Game or using the Game. If you do not agree this EULA, please do not install the Game.
1.4 If you think that this EULA is not complete in any respect, please contact us as soon as possible. If you do not do so within a reasonable period after you have installed the Game or started to play the Game, then you shall be considered to have agreed to the terms of this EULA.
2. ABOUT US
2.1 We are AppyNation Limited, a company incorporated in England and Wales (company number 07760616) with registered office at 2 STONEHILL, STUKELEY MEADOWS, HUNTINGDON, CAMBRIDGESHIRE, UNITED KINGDOM, PE29 6ED
3. USING THE GAME
3.1 In return for your acceptance of the terms of this EULA, we give you the personal right (known as a ‘licence’) to download and play the Game on (i) any iPhone, iPod, iPad or Android device that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service.
3.2 This licence is for your personal use only (i.e. not for other people and not for commercial gain). We can terminate this licence in certain circumstances, which are explained further below. This licence is ‘non-exclusive’, meaning that we can grant similar licences to other people as well. It is also ‘non-transferable’, meaning it cannot be given to anyone else.
4. PATCHES, UPDATES AND CHANGES
4.1 From time to time, we may need to deploy or provide patches, updates, additional content or other modifications to the Game (for example to enhance gameplay, to add new features or to resolve software bugs). From time to time, we may also at our discretion remove or suspend access to particular features, content or other parts of the Game.
5. INTELLECTUAL PROPERTY
5.1 The Game, including the graphics, gameplay, user interface, audio and other content, contains proprietary information and material that is protected by copyright and other laws including but not limited to intellectual property. You agree that we own or license all of this proprietary information and material and that you may not use or exploit any of it without our permission. This does not cover the User Generated Content, which is addressed below.
6. USER GENERATED CONTENT
6.1 As part of the Game you can create your own levels and upload them to our servers for other users to play (“User Generated Content” or “UGC”). Any User Generated Content you create is your property, provided you agree with the following terms:
(a) it is your own work (i.e. you have not copied it);
(b) you have not made the UGC to be deliberately offensive;
(c) the content is to be shared, so you grant AppyNation Ltd an irrevocable, worldwide, non-exclusive, royalty-free licence to use, reproduce, distribute, prepare derivative works of and display the UGC and you waive any and all moral or similar rights you may have over the UGC;
(d) you understand that there is no guarantee that the UGC will be stored by us or made available for download/use by other players and that it may be removed at any point for any reason by us; and
8. WHAT YOU MUST NOT DO
8.1 You must not do or attempt to do (either yourself or via someone else) any of the following:
(a) to use the Game for any purpose except personal enjoyment (e.g. commercial gain);
(b) except as authorised by us in this EULA (or as permitted by law) to copy, rent, sub-license, loan, modify, adapt, merge, translate, reverse engineer, decompile, disassemble the software included in the Game or create adaptations of the Game or derivative works based on the Game (excluding User Generated Content); or
(c) to hack, distribute, modify, transmit, harm, or misuse the Game.
9. WARRANTIES AND LIMITATION OF LIABILITY REGARDING THE GAME
9.1 We warrant that: (i) we have the right to enter this EULA and to grant you the licence to use the Game set out in section 3; (ii) we will use reasonable skill and care to give you access to the Game; and (iii) we will use reasonable endeavours to comply with applicable laws in the performance of our obligations under this EULA.
Limitation of liability
9.2 Please also note that:
(a) we provide the Game for personal entertainment, on an ‘as is’ basis. This means that we make no warranties about the features, content or other parts of the Game;
(b) we make no warranties that the Game is of satisfactory quality or fit for purpose; and
(c) we make no warranties regarding the Game’s operation or that it will be error free.
10.1 If you breach a term of this EULA, then we may cancel or suspend your access to the Game.
11.1 This EULA governs our relationship with you. It does not create any rights for any other person, unless otherwise expressly stated in this Agreement.
12. ADDITIONAL PROVISIONS APPLYING ONLY TO APPLE iOS COPIES OF THE GAME
Third party intellectual property right claims
12.1 In the event of any third party claim that the Game or your possession and use of that Game infringes that third party’s intellectual property rights, we and not Apple will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
12.2 You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
12.3 The terms set out in section 8 above do not limit any consumer rights which we cannot exclude under applicable law, nor do they exclude or limit our liability for death or personal injury resulting from our negligence or for any fraudulent representation. In the event that the Game fails to comply with the warranties set out above or any other applicable warranty (whether express or implied by law), we will be solely liable to you to the extent that warranty has not been validly excluded.
12.4 In the event of any failure of the Game to conform to any applicable warranty you may notify Apple, and Apple will refund the purchase price for the Game to that player. Otherwise, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Game, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility.
12.5 You and we agree acknowledge that we, not Apple, are responsible for addressing any claims by you or any third party relating to the Game or your possession and/or use of that Game, including, but not limited to: (i) product liability claims; (ii) any claim that the Game fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. This EULA may not limit our liability to you beyond what is permitted by applicable law.
Apple is not a party to this EULA
12.6 You and we agree that this EULA is an agreement concluded between us alone and not by Apple. We are solely responsible to you for the Game and its content, so if you require maintenance or support services or have any questions or complaints please contact us and not Apple, since Apple has no obligation whatsoever to furnish any such services with respect to the Game.
Apple is a third party beneficiary of this EULA
12.7 Apple and its subsidiaries are a third party beneficiary of this EULA. Following your acceptance of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce the EULA against you as a third party beneficiary thereof.
13. GOVERNING LAW
13.1 You and we agree that your use of the Game, and this EULA, shall be governed by and interpreted according to the laws of England and Wales and that any dispute regarding this EULA shall be heard exclusively by the courts of England and Wales.
14. CHANGES TO THIS EULA
14.1 We may vary this EULA as and when we consider it appropriate or necessary for legal reasons or to reflect changes in the Game. If so, then we will make the revised EULA available here.
Childrens Online Privacy Protection Act Compliance
We are in compliance with the requirements of COPPA (Childrens Online Privacy Protection Act), we do not collect any information from anyone under 13 years of age without the explicit permission of their parents/guardians.