PLEASE READ THIS END USER LICENCE AGREEMENT CAREFULLY. This End User License Agreement (“EULA”) governs your use of the application/software(“GAMES”) and its associated upgrades, patches, and updates and related services currently provided or which will be provided by Innovana Techlabs Limited and Innovana Games (collectively referred to as Innovana).
By installing or using the application(game), you agree to abide and be bound by
- this EULA and
If You do not agree with one of these, please do not install or use the Application(game).
Innovana Techlabs Limited reserves the right to change, modify, add or delete articles in this EULA at any time, in compliance with the procedures described below in Section 6.
All title, ownership rights and intellectual property rights in and to the Application(including, without limitation, all text, graphics, all messages or items of information, music or sounds, fictional characters, names, themes, objects, scenery, effects, costumes, dialogues, slogans, places, characters, diagrams, concepts, choreographies, videos, audio-visual effects, domain names and any other elements which are part of the Application(game), individually or in combination) and any and all copies thereof are owned by Innovana Games or its licensors. The Application is protected by national and international laws, copyright treaties and conventions and other laws. This Application may contain certain licensed materials and, in that event, Innovana Games’ licensors may protect their rights in the event of any violation of this Agreement. Any reproduction or representation of these licensed materials in any way and for any reason is prohibited without Innovana Games’ prior permission and, if applicable, Innovana Games’ licensors’ and representatives. Except as expressly put forth in this EULA, all rights not granted hereunder to you are expressly reserved by Innovana Games.
This License confers no title or ownership in the Application and should not be construed as a sale of any rights in the Application.
2. GRANT OF LICENSE
1.1 Innovana Games (or its licensors) grants you a non-transferable, non-exclusive, non-sublicensed, non-commercial and personal license to install and/or use the Application(game) for such time until either You or Innovana Games terminates this EULA. You must in no event use, nor allow others to use, the Application(game) or this License for commercial purposes without obtaining a license to do so from Innovana Games. THIS PRODUCT(APPLICATION) IS ONLY LICENSED TO YOU, NOT SOLD.
1.2 You shall not, directly or indirectly
(i) sell, rent out, lease, license, distribute, market, exploit the Application(game) or any of its parts commercially,
(ii) reverse engineer, decompile, disassemble, adapt, reproduce, or create derivate works of this Application(game),
(iii) create, use and/or distribute “auto”, “trainer”, “script” or “macro” computer programs or other “cheat” or “hack” programs or software applications for this Application(game) (whether in an online multiplayer game or in a single player game over the internet or in local area network),
(iv) remove, alter, disable or circumvent any copyright and trademark indications or other authorship and origin information, notices or labels contained on or within this Application(game) and
(v) export or re-export this Application(game)or any copy of adaptation in violation of any applicable laws or regulations.
1.3 While using the Application(game), you agree to abide by all applicable laws, rules, and regulations. You also agree to comply with certain rules of conduct that govern your use of the Application (“Rules of Conduct”), which are not meant to be comprehensive and can be modified at any time by Innovana Games. In all cases, You may only use the Application(game) according to its intended use.
For example, purposes, and without limiting Innovana Games rights to take action against you, you may not:
a) create, use, share and/or publish by any means in relation to the Application(game) any material (text, words, images, sounds, videos, etc.) which would breach of a duty of confidentiality, infringe any intellectual property right or an individual’s right to privacy or which would incite the committing of an unlawful act (in particular, piracy, cracking or circulation of counterfeit software);
b) modify, distort, block, abnormally burden, disrupt, slow down and/or hinder the normal functioning of all or part of the Application(game), or their accessibility to other users, or the functioning of the partner networks of the Application(game), or attempt to do any of the above
c) transmit or propagate any virus, trojan horse, worm, bomb, corrupted file and/or similar destructive device or corrupted data in relation to the Application(game), and/or organize, participate in or be involved in any way in an attack on Innovana Games’ servers and/or the Application(game) and/or those of its service providers and partners
d) create, supply or use alternative methods of using the Application(game), for example, server emulators
e) transmitting or communicating any material or content which, in the sole and exclusive discretion of Innovana Games, is believed or deemed offensive, including, but not limited to, language that is harmful, threatening, unlawful, abusive, harassing, defamatory, disparaging, obscene, sexually explicit, or racially, ethnically, or otherwise objectionable
f) make inappropriate use of the help service or the claim buttons or send untruthful reports to members of Innovana Games' personnel
g) falsely claim to be an employee or representative of Innovana Games or its partners and/or agents
h) falsely claim an endorsement in connection with the Application(game) or with Innovana Games.
3. ACCESS TO THE APPLICATION
You shall use the application(game) on “Compatible Mobile Devices.”
3.1 For this EULA, “Compatible Mobile Devices” designates in particular to feature smartphones (supporting both Android & iOS Operating Systems), tablets (Operating System - Android) and iPad (Operating System - iOS).
A device capable of connecting to the Internet to access the Application(game).
a) Application (Game) Access: To use the application on a Compatible Mobile device, You must have access to an electronic communication network. The connection costs (including but not limited to mobile providers’ and/or carriers’ costs), shall be exclusively borne by you. You acknowledge that the quality of the Application(game), the response time or access to certain features may depend on the capacities of your Compatible Mobile device and of the communication network you use. Innovana Games may in no case be held responsible for reduced user comfort. You acknowledge that the application(game) may not be available for use on all mobile devices or through all carriers or network service providers.
4. DISCLAIMER, LIMITATIONS OF LIABILITY
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE APPLICATION(GAME) IS PROVIDED TO YOU “AS IS,” WITHOUT WARRANTY, ASSURANCES OR GUARANTEES OF ANY KIND. IT MAY HAVE DEFECTS, AND YOUR USE IS SOLELY AT YOUR RISK. Innovana Games DOES NOT MAKE, AND HEREBY DISCLAIMS ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, ACCURACY OF DATA (INCLUDING, BUT NOT LIMITED TO, LOCATION DATA), MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING IN THE COURSE OF DEALING OR USAGE. Innovana Games DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APPLICATION(GAME); THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE APPLICATION WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER APPLICATION; OR, THAT ANY ERRORS IN THE APPLICATION WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY Innovana Games, ITS EMPLOYEES OR OTHER REPRESENTATIVES CONSTITUTE A WARRANTY.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT WILL Innovana Games, IT’S LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS BE LIABLE FOR LOSS OR DAMAGE SUFFERED IN CONNECTION WITH THE USE OF THE APPLICATION OR ANY RELATED THIRD-PARTY SERVICE. THIS INCLUDES WITHOUT LIMITATION (A) ALL LOSSES OF ANY KIND, WHETHER IN TORT (INCLUDING FOR NEGLIGENCE OR BREACH OF STATUTORY DUTY), CONTRACT, MISREPRESENTATION (WHETHER INNOCENT OR NEGLIGENT) OR OTHERWISE, (B) DIRECT LOSS; (C) ACCIDENTAL LOSS, (D) INCIDENTAL LOSS, (E) CONSEQUENTIAL LOSS, AND (F) INDIRECT LOSS.
Some jurisdictions do not allow disclaimers such as those set forth above; thus, the above may not apply to you. Instead, in such jurisdictions, the foregoing disclaimers shall only apply to the extent permitted by the laws of such jurisdictions. Moreover, you may have additional legal rights in your jurisdiction, and nothing in these EULA shall infringe upon the statutory rights that you may have as a consumer of the services.
5. PURCHASES IN THE APPLICATION
Innovana Games may license to You certain Virtual Items to be used within the Application(game) and which you may purchase with "real world" money or which you may earn or redeem via gameplay ("Virtual Items"). Virtual Items are licensed to you on a limited, personal, non-transferable, non-sublicensable, revocable basis and are intended solely for non-commercial use.
Innovana Games may manage, control, modify or eliminate Virtual Items at any time, with or without notice.
The transfer of Virtual Items is prohibited except where expressly authorized in the Application(game), as applicable.
Virtual Items do not have an equivalent value in real world money and are not a substitute for real world money. Neither Innovana Games nor any other person or entity has any obligation to exchange Virtual Items for anything of value. Innovana Games is not liable for hacking or loss of your Virtual Items.
Price and availability of Virtual Items are subject to change without notice.
BY LAW, ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH THE APPLICATION ARE FINAL AND NON-REFUNDABLE. YOU ACKNOWLEDGE AND CONSENT THAT THE PROVISION OF VIRTUAL ITEMS FOR USE IN THE APPLICATION IS A PROCESS THAT COMMENCES IMMEDIATELY UPON PURCHASE AND THAT YOU FORFEIT YOUR RIGHT OF CANCELATION ONCE THE PROCESS HAS COMMENCED.
ACCORDINGLY, YOU AGREE THAT Innovana Games IS NOT REQUIRED TO PROVIDE A REFUND FOR VIRTUAL ITEMS FOR ANY REASON. YOU FURTHER ACKNOWLEDGE THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS, REGARDLESS OF WHETHER YOUR LOSS OF LICENSE UNDER THIS EULA WAS VOLUNTARY OR INVOLUNTARY.
IF YOU ACCIDENTLY DELETE OR UNINSTALL YOUR ACCOUNT WITH THE APPLICATION(GAME), YOU WILL PERMANENTLY FORFEIT ALL OF YOUR VIRTUAL ITEMS WITHOUT THE RIGHT TO REFUND, AS Innovana Games’ WILL NO LONGER BE ABLE ASSOCIATE SUCH VIRTUAL ITEMS WITH YOU.
You are solely responsible for any damage caused to Innovana Games, its licensors, channel partners and associated service providers and subcontractors, other users of the Application(game) any other individual or legal entity as a result of your violation of this EULA.
YOU HEREBY AGREE TO DEFEND, INDEMNIFY AND KEEP INDEMNIFIED Innovana Games AND ITS AFFILIATES, THEIR LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS AND THEIR SUBCONTRACTORS AGAINST ANY CLAIM OR ALLEGED CLAIMS, LIABILITIES, LOSSES DAMAGES AND ALL COSTS (INCLUDING LAWYERS’ FEES), DIRECTLY OR INDIRECTLY ATTRIBUTABLE TO YOUR FAULT AND/OR RESULTING FROM (A) A VIOLATION OF ANY PROVISION OF THIS EULA OR (B) YOUR USE OR MISUSE OF THE APPLICATION. Innovana Games reserves the right to take sole responsibility, at its own expense, for conducting the defense of any claim for which you agreed to indemnify Innovana Games. The provisions of this Section 6 shall remain in force after termination of this EULA.
The EULA is effective from the earlier of the date you purchase, download or use the Application(game) until terminated according to its terms. You and Innovana Games (or its licensors) may terminate this EULA, at any time, for any reason. Termination by Innovana Games will be effective upon (a) notice to you or (b) at the time of Innovana Games’ decision to discontinue offering and/or supporting the Application. This EULA will terminate automatically if you fail to comply with any of the terms and conditions of this EULA. Upon termination for any reason, you must immediately uninstall the Application(game) and destroy all copies of it in your possession.
8. CHANGES TO THIS EULA OR TO THE APPLICATION
Innovana Games reserves the right, in its sole and absolute discretion, to revise, update, change, modify, add to, supplement, or delete certain terms of this EULA for security, legal, best practice or regulatory reasons. Such changes will be effective with or, as applicable, without prior notice to you. You can review the most current version of this EULA by clicking on the “EULA” link from the website. You are responsible for checking this EULA periodically for changes. If any future changes to this EULA are unacceptable to you or cause you to no longer be in agreement or compliance with this EULA, you may terminate this EULA in accordance with Section 7 and must immediately uninstall the Application(game) and destroy all copies of the Application(game). Your continued use of the Application(game) following any revision to this EULA constitutes your complete and irrevocable acceptance of any and all such changes.
Innovana Games may modify the Application(game) for any reason or without any specific reason, at any time and at its entire discretion, in particular for reasons such as updates, maintenance operations and/or resets to improve and/or optimize the Application(game). You agree that the Application(game) may install or download the modifications automatically. You agree that Innovana Games may stop to support previous versions of the Application(game) upon the availability of an updated version. Innovana Games’ channel partners and associated service providers shall have no obligation to furnish any maintenance or customer support with respect to the Application(game). Innovana Games also reserves the right to amend the Rules of Conduct set out in Section 1 to place limits on the use of the Application(game).
9.1 Export Controls: The Application(game)is subject to all applicable export restrictions. You must abide by all export and import laws and restrictions and regulations of any Indian and foreign agency or authority relating to the Application(game) and your use of the same. The Application(game) may not be re-exported, downloaded or otherwise exported to, or installed by a national or resident of, any country to which India has embargoed goods. You represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
9.2 No Waiver: No failure or delay by Innovana Games (or its licensors) to exercise any right or remedy provided under this EULA or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy. Waiver of a right or remedy may be considered to have taken place only after signing of a written statement to this effect by Innovana Games or by the User.
9.3 All the disputes in regards to this agreement or the EULA itself shall be governed by the laws of India. All the proceedings related to this agreement will be settled under the state court located in Ahmedabad, Gujarat. Nevertheless, if any provision in this agreement found invalid by any other court of competent jurisdiction, then all the other provisions except that will continue to be valid in full force and effect. Innovana Games shall not dispense any term of this agreement under any circumstances.
For any questions concerning this EULA, you may contact Innovana Games at the following address:
Innovana Techlabs Limited
Unit No. 407, 4th Floor,
Signature Building, Block 13B,
Zone-1, GIFT SEZ
Gandhinagar – 382355