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GAMETREAT APPLICATION - LICENSE AGREEMENTTHIS LICENSE AGREEMENT ("THIS AGREEMENT") SPECIFIES THE TERMS AND CONDITIONS FOR ACCESS TO, EMBEDDING THE CODE OF, AND USE OF THE WEB APPLICATION PROVIDED BY EXENT TECHNOLOGIES INC. ("EXENT") AND KNOWN AS GameTreat ("THE APPLICATION") AND ANY SOFTWARE AND SOFTWARE COMPONENT OF WHICH THE APPLICATION CONSISTS (EACH A "SOFTWARE"). BEFORE ACCESSING, EMBEDDING THE CODE OF AND/OR USING THE APPLICATION AND/OR ANY SOFTWARE, THIS AGREEMENT SHOULD BE CAREFULLY READ BY THE LICENSEE AND, WHERE APPLICABLE, THE REPRESENTATIVE (AS SUCH TERMS ARE DEFINED IN SECTION 1 BELOW).
BY ACCESSING, EMBEDDING THE CODE OF AND/OR IN ANY MANNER USING THE APPLICATION AND/OR ANY SOFTWARE, THE LICENSEE AGREES TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, AND THIS AGREEMENT THEN CONSTITUTES A VALID AGREEMENT BETWEEN THE LICENSEE AND EXENT. IF THE LICENSEE DOES NOT AGREE TO BE BOUND BY THIS AGREEMENT OR ANY TERM OR CONDITION HEREOF, THEN THE LICENSEE IS REQUIRED TO REFRAIN FROM ACCESSING, EMBEDDING THE CODE OF AND/OR USING THE APPLICATION AND/OR ANY SOFTWARE. THIS AGREEMENT AND ANY PART HEREOF MAY AT ANY TIME BE AMENDED BY EXENT AT ITS SOLE DISCRETION, THEREFORE THE LICENSEE IS REQUIRED TO PERIODICALLY REVIEW THE VERSION POSTED ON THE APPLICATION'S WEBSITE, WHICH IS DEEMED THE BINDING VERSION; THE LICENSEE'S CONTINUED USE OF THE APPLICATION AFTER IMPLEMENTATION OF ANY SUCH MODIFICATION CONSTITUTES ITS ACCEPTANCE THEREOF.
PURSUANT TO ANY APPLICABLE STATUTES, REGULATIONS, RULES AND OTHER LAWS, THE LICENSEE HEREBY AGREES TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES AND RECORDS OF TRANSACTIONS RELATED TO THIS AGREEMENT, AND WAIVES ANY RIGHT AND/OR REQUIREMENT UNDER ANY STATUTES, REGULATIONS, RULES AND OTHER LAWS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL SIGNATURE OR DELIVERY AND/OR RETENTION OF NON-ELECTRONIC RECORDS.
SPECIAL NOTICE FOR NON-ENGLISH SPEAKERS: THE APPLICATION AND ANY SOFTWARE ARE SUITED PRIMARILY FOR USE BY ENGLISH SPEAKERS AND THEREFORE THIS AGREEMENT IS WRITTEN IN ENGLISH. IF THE LICENSEE (AND/OR, WHERE APPLICABLE, THE REPRESENTATIVE) IS NOT PROFICIENT IN ENGLISH AND FEELS THAT IT CANNOT PROPERLY UNDERSTAND THIS AGREEMENT, WE RECOMMEND THAT IT EITHER RETAIN THE HELP OF AN ENGLISH SPEAKER TO HELP IT UNDERSTAND AND ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT OR, ALTERNATIVELY, REFRAIN FROM ACCESSING, EMBEDDING THE CODE OF AND/OR USING THE APPLICATION AND/OR ANY SOFTWARE.
- Eligibility, The Licensee and the Representative The code of the Application may be embedded - in the manner specified hereinafter - only into an internet website which complies with this Agreement and which is owned and/or operated by a person who is 18 years of age or older (and if the owner and/or operator is an entity then such entity's owner is 18 years of age or older), subject to the restriction hereinafter concerning residents of Alaska, and only by or on behalf of such website's owner and/or operator ("the Licensee"). The person who copies the code of the Application and embeds it into an internet website ("the Representative") represents and warrants that he/she is authorized by and on behalf of the Licensee to embed the code of the Application into the internet website in which he/she embeds the code and to bind the Licensee under this Agreement.
- The License Exent grants the Licensee a limited, non-exclusive, non-transferable, personal and revocable license to copy the code of the Application and embed it as-is into a website owned and/or operated by the Licensee ("the Website") subject to all of the limitations and restrictions set forth in this Agreement and to the Licensee's compliance with all terms and conditions of this Agreement, as well as with any other legal obligation (such as, without limitation, obligations under copyright, privacy, security and defamation) ("the License"). The License may be at any time immediately revoked if the Licensee, whether by itself or by anyone acting on its behalf, breaches or otherwise fails to comply with any term or condition of this Agreement. The License begins when the Application code is embedded by the Licensee and ends when the License is terminated in accordance with the provisions of this Agreement. Except for the foregoing express and limited license, no other right or license is granted with respect to the Application and/or Software. By embedding the Application code into the Website, the Licensee authorizes Exent to publish the fact that the Licensee is using the Application. Use of the Application may enable the Licensee to generate revenue, as detailed hereinafter.
- The Website The right to access, embed the code of and use the Application is expressly prohibited with respect to a website that contains Inappropriate Content (as defined hereinafter) and/or contains direct links to websites with Inappropriate Content. The Licensee represents and warrants that the Website does not contain Inappropriate Content and/or direct links to websites with Inappropriate Content. "Inappropriate Content" includes, but is not limited to, content of, regarding or promoting, any of the following: alcohol, tobacco, illegal substances, hate, racism, profanity, libel, defamation, sex, violence, illegal activity, mail fraud, spam, malware, anything that infringes upon another's right. The Licensee further represents and warrants that no robotically-generated or auto-refreshing ad impressions are used in the Website.
- Embedding the Code of the Application To add the Application to the Website, please follow the procedure at http://www.gametreat.com/get-gametreat ("the Obtainment Procedure"). The Obtainment Procedure allows the Licensee to customize the Application and to choose the Games, of those then present in the pool offered by Exent, that will be included in the Application as used in the Website. Note that the code of the Application must be pasted unto the Website as copied, without any change. As part of the Obtainment Procedure the Licensee must complete all the required information. Any and all information provided by the Licensee must be true and accurate and kept up-to-date at all times.
- Software updates Updates for the Application and Software may from time to time be implemented, without notice to the Licensee.
- Generating Revenue If Exent's records will show more than ten thousand entries of unique visitors into the Application through the Website in a certain month, then Exent may, at its sole discretion, contact the Licensee, in writing to the email address provided by the Licensee in the Obtainment Procedure, with an offer for possible revenue to the Licensee generated from revenue actually obtained by Exent for valid impressions of advertisements served via the Games within the Application. No revenue will be granted to the Licensee with respect to revenue not actually obtained by Exent for any reason whatsoever (including, but not limited to, due to bankruptcy or insolvency of an advertiser, or non-payment for any other reason). Exent shall not be responsible if it fails to contact the Licensee due to inaccurate or incomplete contact details, or due to the inability to reach the Licensee for any other reason whatsoever. Revenue offered by Exent to the Licensee, if any, shall be determined at Exent's sole discretion, and may at any time at its sole discretion be amended subject to applicable notice to the Licensee. Provision of revenue to the Licensee shall be subject to Exent receiving the Licensee's acceptance of the offered revenue rate and payment terms and receiving details for transfer of the revenue that are acceptable to Exent, and shall be the sole and final consideration granted to the Licensee by Exent. Any fees, taxes and/or other payments incurred with relation to the revenue (including, without limitation, bank fees) shall be borne exclusively by the Licensee, who must comply with the applicable law's requirements related to the revenue generated (including, without limitation, filling relevant forms). Any method of generating artificial or fraudulent impressions of advertisements (such as, but not limited to, use of robots, spiders, auto-spawning browsers, auto-reloading) are expressly prohibited.
- Restrictions on Use and the License The Application and Software may be used only in a manner that complies with all applicable laws, rules and regulations in the jurisdictions in which they are used, including, but not limited to, such concerning copyright and other intellectual property rights. Except as specifically authorized in this Agreement, the Licensee may not: (i) permit another to use the Application and/or Software (except permitting End-Users to play the Games as authorized in this Agreement); (ii) modify, translate, distribute or create derivative works of the Application and/or Software; (iii) remove any copyright, trademark or other proprietary notice, disclaimer or label from the Application and/or Software; (iv) charge money or any other consideration for use of the Application and/or Software; (v) attempt to circumvent any encryption or other technological measures employed to control access to, or the rights in, the Application and/or Software or any content therein; (vi) decompile, reverse engineer, disassemble or otherwise reduce the code used in the Application and/or Software into a readable form; (vii) attempt to interfere with the proper functioning of the Application and/or Software; (viii) take any action which imposes an unreasonable load on the Application or on any infrastructure related to it. Without derogating from the aforesaid, the Licensee may not use the Application and/or Software, or allow others to use any of them, to: (i) perform any activity which is or may be, directly or indirectly unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, libelous, or racially, ethnically or otherwise objectionable; (ii) perform any activity which may breach a right of any third party. Any information provided by the Licensee with relation to this Agreement generally and the Application specifically may not: (a) be fraudulent, intentionally misleading or inaccurate; (b) infringe any third party's copyright, patent, trademark, trade secret or other proprietary or privacy right; (c) violate any law, ordinance or regulation; (d) contain any viruses, Trojan horses, worms or other computer programming routines that are intended to damage, detrimentally interfere with or expropriate any system or data.
- Termination or Limitation of the License Exent reserves the right to at any time terminate or in any way limit the License and/or the Licensee's access to the Application for any or no reason, without notice or any liability whatsoever towards the Licensee and/or any third party (including End-Users). The composition of the Application (including Games, their order and quantity) shall be determined at Exent's sole discretion and may at any time be altered without notice or any liability whatsoever towards the Licensee and/or any third party (including End-Users).
- Removing the Application The Licensee may at any time remove the Application by removing the Application code from its systems.
- Contaminated Data and Malicious Applications The Licensee acknowledges that when using the Application, which is accessed via the internet, the Licensee may be exposed to contaminated files, computer viruses, electronic trespassing, hacking and other harmful acts or consequences that may result in damages such as unauthorized invasion of privacy and loss of data.
- No Representations or Warranties The Licensee acknowledges that the Application and any Software are provided "as is" and "as available", without representation or warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement of third party rights and warranty that the operation of the Application will be uninterrupted or error-free. The Licensee further acknowledges that neither Exent nor any Third Party Right Owner is or shall be responsible to the Licensee and/or to any third party (including, without limitation, End-Users) for the content and/or performance of the Application and/or Software, nor for any damage or loss whatsoever arising from and/or occasioned by the use of, or inability to use, the Application and/or Software.
- Limitation of Liability The Licensee understands and agrees that in no event shall Exent, its employees, suppliers, directors, licensors, partners, agents and/or service providers be liable for any losses and/or damages whatsoever, whether in contract, tort or otherwise, arising out of (a) the Licensee's use of, or inability to use, the Application and/or Software (jointly, "the Instruments"), (b) the interruption of use, loss or corruption of data stored on the Licensee's server and/or computer, (c) the interruption or inability to use the Licensee's server and/or computer, or (d) any other matter relating to the Licensee's use of any of the Instruments, including direct, indirect, special, incidental, consequential and exemplary damages, including legal fees, lost profits, lost business and lost opportunity, even if Exent has been advised of the possibility of such damages. In no event will Exent's entire liability arising out of or in connection with this Agreement exceed $10.00US. 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, Exent's 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.
- Indemnification The Licensee agrees to indemnify, hold harmless and defend Exent and each Third Party Right Owner and their subsidiaries, affiliates, officers, agents, employees and other partners ("the Indemnified Parties), at the Licensee's expense, against any and all third party claims, demands, actions 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 any of the Indemnified Parties due to or arising out of data submitted by the Licensee or communicated through any of the Instruments, the Licensee's improper use or misuse of any of the Instruments, violation of this Agreement, and/or violation of any right of any third party. For removal of doubt it is clarified that the Licensee is and shall at all times be fully liable towards Exent and Third Party Right Owners for access to and use of the Application and Software by End-Users, and breach by End-Users of any provision of this Agreement and/or of applicable law and for infringement by End-Users of any third party right.
- Independent Contractors Exent and the Licensee are independent contractors, and nothing in this Agreement shall be interpreted to create an association, joint venture or partnership between them.
- Export Control The Application and Software are controlled by certain export laws and regulations and 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 installing the Application, the Licensee (a) represents that it is not a national of any country to which the United States prohibits the export or re-export of goods, services or technology; (b) agrees to fully comply with all the export and re-export restrictions, laws and regulations of any such authority; and (iii) commits not to transfer, or authorize the transfer of, the Application and/or Software to a prohibited country or otherwise in violation of any such restriction or regulations.
- Term and Termination The License shall be effective from the date the Licensee embeds the code of the Application unto its systems until the date of termination of the License, which is upon the earlier of: (i) breach of any term hereof; (ii) termination by Exent, for any or no reason; or (iii) removal of the Application code from the Licensee's systems. No notice shall be required to effect said termination. Upon termination of the License the Licensee shall immediately discontinue use of the Application and Software and ensure that the Application code is removed from the Licensee's systems.
- Alaska Residents Unfortunately, according to Alaska's SB 140 Act, owners and operators of websites who reside in Alaska may not use the Application. Therefore, by copying and embedding the code of the Application, the Licensee declares and represents that neither its server nor its computer are located in the state of Alaska.
- Miscellaneous This Agreement shall be governed by the laws of the state of New York. This is the complete and exclusive Agreement between the Licensee and Exent with respect to the subject matter of this Agreement, and it supersedes any agreement, oral or written, and any other communication between the Licensee and Exent relating to the subject matter of this Agreement.
2. The Information We Collect:
- Generally, we do not collect Personally Identifiable Information ("PII") without specific permission from you. However, we may require that you provide us with certain PII, such as your email address, as a condition for you accessing and/or using all or certain parts of the Features. If you choose to do so, such PII may be collected by, and/or transferred to, any third party service providers and advertising companies (collectively - "the Companies", and each - a "Company"). In any event, we will not knowingly collect any PII from children 13 years old and under. For any inquiries concerning collected PII please address: Exent Technologies Inc., 115 Sansome St, Suite 500, San Francisco, CA 94104, Email: firstname.lastname@example.org. Should you become aware of any material inaccuracy in collected PII, please send a detailed notification thereof to: email@example.com, specifying the accurate information. Each of the Companies may gather certain non-Personally Identifiable Information ("Non-PII") about you and/or your usage of any of the Features, including advertisements seen in any third party software application, any progress made in any game included in the Application, zip code, age etc. The Non-PII gathered and tracked will not be used by the Companies to attempt to identify you personally. Exent and/or any of the Companies may, however, use it for effective advertising on any applications within the Features. If you would like more information about this practice, and to know your choices about not having the Non-PII used by the Companies, go to http://www.networkadvertising.org.
- Each of the Companies may employ other companies and individuals to perform functions on their behalf, such as technical support services. To perform those functions, it may be necessary for them to obtain access to each of the Companies' databases and servers, which may contain PII about users.
- Information about the advertisements you watch within any of the Features, may also be collected. With respect to every such advertisement that you view, the following information is transmitted from your computer and stored: Your IP address, which may include a domain name; the name of the game (or other application) in which the advertisement appeared; the location, size, display time and display duration of the advertisement; other information about the advertisement (and about the game session, where applicable); and the date and time the above information is logged.
- Collection and use of registration and usage Information: Each of the Companies will collect data regarding the Features you use, how long you use them and in which ways you use them (collectively, your "Usage Information"). You acknowledge that the relevant third party service provider has agreed to provide your Usage Information to each of the Companies (without specifically identifying you). You agree that each of the Companies may use your Usage Information, inter alia, by aggregating it with the Usage Information of other users of the Features to provide general statistics about applications within on-demand services.
- The information is collected for the primary purpose of enhancing your experience of using the Features, e.g., to respond to your inquiries about our services, to offer you applications or other products, programs and/or services that we believe may be of interest to you, etc.
- We may sometimes use the information that we collect to communicate with you.
- We sometimes use the information that we collect to improve the design and content of the Features and to enable us to personalize your experience. Each of the Companies may also use this information in the aggregate to analyze site usage and share such information with third parties for purposes of managing and targeting advertisements and/or for market research analysis.
- Exent's data networks are secure and protected by industry standard firewall and password protection systems. Our security and privacy policies are periodically reviewed and enhanced as necessary. We allow only authorized individuals access to information provided by users of the Features.
- Any of the Features may contain links to other sites whose information practices may be different than ours. You should consult the other sites' privacy policies as we have no control over information that is submitted to, or collected by, these sites.
- In the event that a Company or Exent, or substantially all of their assets, are sold or acquired, the Features and/or all information collected by the Features, as applicable, would be transferred to the acquiring party.
- You agree that any information you provide to Exent and to any Company, including, without limitation, any information you provide to any of the Companies when you use the Features, shall be accurate and truthful.
- CHILDREN 13 AND UNDER - If you are 13 years old or younger, we will not collect, store or use your PII. In addition, parents or guardians of children at any age should be aware that the Features are designed to appeal to a broad audience. Accordingly, it is your responsibility to determine whether any portion of the Features is inappropriate for your child.