Last Updated January 2016
END-USER LICENSE AGREEMENT
IMPORTANT - THIS IS A CONTRACT BETWEEN FABULA GAMING Ltd AND YOU
PLEASE READ CAREFULLY:
This End-User License Agreement (“Agreement”) is a legal agreement between Fabula Gaming Ltd and you which shall govern the use by you of the Software and/or the use of Fabula’s websites www.fabulagame.com (the “Website”) and Fanatico.biz. By clicking an “Accept” button or check box presented with this Agreement, downloading, installing, or otherwise using the Software and/or the Website, you acknowledge that you have read this Agreement, that you understand it, and that you agree to be bound by the terms of this Agreement and to become a party to it. If you do not agree to any of the terms of this Agreement, you are requested not to install or use the Software and not to access the Website.
As used in this Agreement, the following terms will have the meanings set forth below:
“Fabula” or “we” – Fabula Gaming Ltd., a company incorporated under the laws of Israel.
“Services” – any services provided by Fabula whether via the Website, mobile app, facebook app or the Software.
“Software” – the software product this Agreement is attached to, in machine-readable, object code form only, including any improvements, modifications, enhancements, fixes, updates, upgrades and future versions thereto.
- LICENSE OF SOFTWARE AND LIMITATIONS
- Subject to your acceptance of this Agreement, and in accordance with the terms and conditions herein, Fabula hereby grants you one (1) non-exclusive, non-assignable, non-transferable, revocable license to install, access and use the Software and make use of the Services on one (1) user account.
- The Software is licensed to you under the terms herein. You hereby acknowledge that the Software and its accompanying documentation are the exclusive property of Fabula and that title to the above shall at all times remain with Fabula. You further acknowledge that you have no rights in the Software except those expressly authorized by this Agreement.
- USING THE SOFTWARE
- FOR THE AVOIDANCE OF DOUBT, THE SERVICES ARE PROVIDED STRICTLY FOR ENTERTAINMENT PURPOSES. Any virtual currency (“Fabula Chips”, "Fanatic Cash" or any other terminology) purchased by way or an in-app purchase or received while using the Services may not, under any circumstances, be converted into actual funds or other form of consideration in-kind.
- The Software may be downloaded or available to use through Facebook or web freely, and the same user information may be used on multiple platforms running the Software, but it may not be transferred or shared as such. To use the Software on several devices[/computers], even if by the same user, it must be downloaded, and this Agreement must be accepted for each copy of the Software.
- You may not use the Software in whole or in part for any purpose except as expressly provided under this Agreement. Any unauthorized use of the Software or the Website without Fabula’s prior written consent, is expressly prohibited.
- As condition to your use of the Services, you hereby further agree not to: (i) disrupt, disable, overburden, impair, attack, check or test the vulnerability of, or otherwise interfere with, the Software or the Services, (ii) breach or cause the failure of any of the security related means thereof; (iii) attempt to decompile, disassemble, re-engineer or reverse engineer any of the Software used to provide the Services or otherwise create or attempt to create or permit, allow, or assist others to extract source code of the Software, or its structural framework; (iv) resell, transfer, sublicense, pledge, lease, rent, or share your rights under this Agreement; (v) modify, enhance, update, reproduce, duplicate or copy all or any part of the Software.
- The Services and/or the Software may contain software programs which will be installed (with or without notification) [and/or links to other websites]. You understand and agree that Fabula shall not be responsible or liable for any matter pertaining to such websites, including but not limited to the content, information, products, or services on, or available from, such websites. You shall be solely responsible and exclusively bear any risks arising from your use of any such websites.
- Fabula will not be liable for any loss or damage caused by a denial-of-service attack, viruses or other technologically harmful material that may infect your mobile device, computer equipment, computer programs, data or other proprietary material due to your use of the Services or obtention of any items via the Services.
You may be required to register and create a user account, including a unique username and confidential password, in order to use the Software and/or Website[; alternatively you may use your social media credentials from a site such as Facebook in lieu of a Fabula specific user name and password, as approved by Fabula]. You shall treat the user name and password as confidential and you shall not share such information with any third party. You shall notify Fabula immediately if become aware of any third party having access to such confidential information.
- User Obligations and Representations
- Minimum Age. To use the Services, You represent that you are 13 years old or older. Additionally, if you are between the ages of 13 and 18, you represent that your legal guardian has reviewed and agrees to the Terms.
You must be over the age of 18 in order to buy in-game currency through any payment methods. You must minimally have reached the age of majority in the country in which you are accessing the Services, but in any event be over 18 years of age. You represent that it is lawful for you to perform actions such as those performed by use of the Services.
- Legality. You may not use the Services in any location or jurisdiction in which doing so is prohibited by law. Additionally, you may not use the Services in any manner that infringes or may infringe upon any applicable law or binding regulation.
- You agree to obey all laws that apply to you, and you agree not to attempt to violate any laws. You agree not to encourage or assist any third party to violate any law.
- Usage. You agree not to use the Services for any commercial purpose. You may not sell, buy, or otherwise engage in any transfer of any aspect of the Services to a third party.
- Other Users. You agree not to access any accounts of other users or intercept, collect, or otherwise gain access to any information or communication of other users.
- You agree not to solicit, attempt to solicit, or assist anyone in soliciting or attempting to solicit personal or login information from other users of the Services.
- You agree not to use the Services to transmit any spam, junk, malware, spyware, or any other similar unwanted communications or materials, or any communication or information that is unlawful, libelous, defamatory, violent, obscene, pornographic, indecent, harassing, threatening, invasive, abusive, fraudulent, or otherwise offensive or objectionable. Fabula will not be liable for any such content or communication submitted by any user, and Fabula will have no responsibility to screen, edit, monitor, or remove any such content.
- You agree not to infringe any patent, trademark, copyright, or other intellectual property right or other proprietary right of Fabula or of any third party.
- You agree not to attempt to do any of the prohibited acts set forth in this Agreement, and you agree not to encourage or assist any third party to do any of the prohibited acts set forth herein.
- PROPRIETARY RIGHTS AND CONFIDENTIALITY
- You hereby acknowledge and agree that the Software and Websites are proprietary products of Fabula and third parties related to it, protected by copyright, trademark, patent, trade secret and other laws and international treaties. You further acknowledge and agree that all right, title, and interest in and to the Software and Website, including associated intellectual property rights are and shall remain with Fabula.
- This Agreement does not convey to you an interest in or to the Software, but only a limited right of use revocable in accordance with the terms of this Agreement. Therefore, the Software must be treated like any other copyrighted material except that you are granted the right to install and use the Software. You may not remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice placed by Fabula in or on the Software or Website. You may not use the name Fabula, Fabula’s logos, and other unique marks and names of Fabula or any of our trademarks, service marks, product names or trade names without our express written consent.
- The Software contains confidential information and trade secrets that have been developed by Fabula through the expenditure of a great deal of time and resources. You agree to maintain and protect the confidentiality of these trade secrets and not to disclose them or use them for any purpose not authorized by this Agreement.
- Some parts of the Software may contain software licensed from third parties and are subject to the terms and conditions of third party license agreements. You hereby agree to comply with all such terms and conditions.
- All ownership and other property rights in your user account and any content you submit to Fabula shall become and remain the sole property of Fabula.
- Access to or use of the Services offered by Fabula is free of charge. You may cancel your subscription at any time.
- Notwithstanding the above, Fabula reserves the right, at its sole discretion, to modify, discontinue or terminate the Services, to modify the terms of the Service and to establish revised practices and policies concerning the use of the Services or begin to charge any fees therefore, at any time.
- Fabula reserves the right to terminate your use of the Services at any time, for any lawful reason, at Fabula’s sole discretion, without any requirement of notice or other due process except where required by law or the order of a governmental or other similar authority.
- The Software may be uninstalled by you at any time and without any notice requirements. Upon your written request, we will erase all records of yours, subject to the provisions set forth in this Agreement. Such un-installation shall constitute a termination of this Agreement. Upon termination hereof, the license granted herein shall expire and you shall discontinue all further use of the Software and promptly uninstall and delete all copies of the Software in your possession.
- This Agreement shall terminate, and any license granted revoked, if you fail to comply with any of the terms of this Agreement.
- Fabula makes reasonable efforts to ensure the accessibility to its Services. However, it is understandable and agreed that there will be times when the Services will not be available to you. This may be due to scheduled maintenance or upgrades, or due to failure of telecommunications equipment that are beyond the control of Fabula. Fabula shall not be liable for any Service unavailability or disturbance and you hereby waive any such claims. Additionally, Fabula shall not be responsible for any compatibility issues with any specific hardware of software.
- [Fabula does not warrant that the use of the Software will be completely secure]. You acknowledge that there are certain risks inherent in using the Software that could result, inter alia, in the loss of data.
- EXCEPT FOR THE LIMITED WARRANTY SET FORTH HEREIN, THE SOFTWARE IS PROVIDED “AS IS” AND, UP TO THE MAXIMUM EXTENT PERMITTED BY LAW, FABULA DISCLAIMS ANY WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON INFRINGEMENT. FABULA SPECIFICALLY DOES NOT WARRANT THAT THE SOFTWARE WILL BE ERROR-FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, ARISING IN CONNECTION WITH THE SOFTWARE.
- Limitation of liability
- IN NO EVENT SHALL FABULA BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OF ANY KIND, DAMAGES FOR LOST PROFITS, GOODWILL, WORK STOPPAGE, MOBILE HAND-HELD DEVICE (INCLUDING ANY EMBEDDED SOFTWARE) DAMAGE AND/OR FAILURE AND ALL OTHER COMMERCIAL DAMAGES, INCLUDING WITHOUT LIMITATION THE FAILURE OF ANY THIRD PARTY SERVICES REGARDLESS OF THE CAUSE, EVEN IF FABULA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Your sole remedy for any dispute relating to this Agreement or the Services is to stop using the Services.
You shall indemnify and hold Fabula, its owners, representatives, and their successors, heirs and assigns, harmless and defend Fabula and such parties from any losses, damages, fines and expenses (including attorneys’ fees) that arise or result or are in any way connected with your use of the Software.
- Fabula may assign any of its rights or obligations under this Agreement to any third party at its sole discretion, at any time, without your consent.
- You may not assign any of your rights or obligations under this Agreement without the prior written consent of Fabula.
No waiver by Fabula of any obligation contained in this Agreement shall be effective unless expressly stated to be a waiver and communicated in writing.
If any section or obligation contained herein are determined by a competent authority to be unlawful or unenforceable, the unlawful or unenforceable provision(s) shall be deemed struck from this Agreement and the remainder shall remain in force and construed to maximize the original meaning and intent of this Agreement to the extent permitted by law.
- Entire agreement
This Agreement represents the entire agreement between Fabula and you relating to the subject matter hereof, and supersede all prior agreements and understandings, whether oral or in writing.
- Governing law and jurisdiction
- This Agreement shall be construed and governed in accordance with the laws of the State of Israel, regardless of its conflict of laws rules, and the competent courts of the Tel-Aviv district shall have sole and exclusive jurisdiction over any dispute under this Agreement or otherwise related to the Software or the Service.
- You hereby agree to submit to the jurisdiction of the competent courts of Tel Aviv, Israel for both personal and subject-matter jurisdiction.
- You agree that Tel Aviv shall be the proper venue for resolution of any dispute or claim arising from or relating to this Agreement, and you agree not to object to any such proceedings on the basis of venue or attempt to change the venue of such proceedings.
- Modification of this Agreement
Fabula reserves the right to make amendments to this Agreement. Posting a change notice or a new agreement on the Website is considered sufficient notice. Uploading a Software update with an updated EULA shall also constitute notice. Your continued use of Software after posting of a revised agreement, and/or updating to a new version, constitutes your acceptance of any updated Agreement.
- Contacting Fabula
If you have a specific question regarding this Agreement, you may send inquiries via electronic mail to: [email@example.com]