CF DIGITAL, LLC
END USER LICENSE AGREEMENT
This agreement (“AGREEMENT”) is a contract between you and CF Digital, LLC (“CF Digital”). It licenses to you the right to use CF Digital software and sets out the rules by which you must agree to abide in order to use the CF Digital software.
This Agreement applies to all software programs and services made available by CF Digital including, but not limited to mobile games, downloadable/installable games for handheld devices, personal computing device or gaming consoles, and games and services accessed by means of a browser or other online communication method (the “Application”). The Application also includes updates and upgrades that replace or supplement the Application in any respect and which are not distributed with a separate license. In addition, the Application includes accompanying manual(s), packaging and other written materials, electronic or on-line materials and documentation and any and all copies of such software and its materials.
Minors may only conclude this Agreement with the consent of a parent or guardian. You must accurately provide all required data in full and always keep it up-to-date. At any time, CF Digital is entitled to demand adequate proof of your identity and age of majority or of consent from a parent or guardian, or to make using specific functions contingent upon such proof. You affirm that you have reached the legal age of majority and you also affirm that you are accepting this Agreement on behalf of, and all legal and financial responsibility and liability for the actions of, your child and you hereby expressly ratify and confirm any acts of your child and all users of your account or profile.
No online downloading platform is a party to this Agreement. CF Digital is solely responsible for the Application and the content thereof. This Application is licensed to you, not sold.
A. Grant. Subject to this Agreement and its terms and conditions, you are acquiring and CF Digital grants you a personal, non-exclusive, non-transferable and non-sublicensable limited right and license to install and use the Application for personal, non-commercial use and subject to the usage rules and/or terms of service for the online downloading platform. Your acquired rights are subject to your compliance with this License. Any commercial use is prohibited. You are expressly prohibited from sub-licensing, renting, leasing, transferring or otherwise distributing the Application or rights to use the Application. The term of your License shall commence on the date that you install or otherwise use the Application and shall end on the earlier of the date that you dispose of the Application or CF Digital’s termination of this License. This License does not entitle you to receive from CF Digital hard-copy documentation, support, telephone assistance or enhancements or updates to the Application.
B. Further Restrictions. Your right to use the Application is limited to the license grant above, and you may not otherwise copy, display, seek to disable, distribute, perform, publish, modify, transfer, create works from, or use the Application or any component of it, except as expressly authorized by CF Digital. Unless expressly authorized by CF Digital, you are prohibited from making a copy of the Application available on a network where it could be used by multiple users. You are prohibited from making the Application available over a network where it could be downloaded by multiple users. You may not remove or alter any trademarks or logos, or legal notices included in the Application or related assets. Your right to use the Application is also predicated on your compliance with any applicable terms of agreements you have with third parties when using the Application.
C. Reservation of Rights. You have obtained a license to the Application and your rights are subject to this License. Except as expressly licensed to you herein, CF Digital reserves all right, title and interest in the Application, including but not limited to copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, audiovisual effects, themes, characters, character names, stories, dialog, settings, artwork, sound effects, animations, musical works, text and other intellectual property rights therein. This License is limited to the intellectual property rights of CF Digital and its licensors in the Application and does not include any rights to other patents or intellectual property. Except to the extent permitted under applicable law, you may not decompile, disassemble, or reverse engineer the Application, or any component thereof, by any means whatsoever. You may not remove, alter, or obscure any product identification, copyright, or other intellectual property notices in the Application. All rights not expressly granted herein are reserved by CF Digital and its licensors.
D. Your Contributions. In exchange for use of the Application, and to the extent that your contributions through use of the Application give rise to any copyright interest, you hereby grant CF Digital an exclusive, perpetual, irrevocable, fully transferable and sub-licensable worldwide right and license to use your contributions in any way and for any purpose in connection with the Application and related goods and services including the rights to reproduce, copy, adapt, modify, perform, display, publish, broadcast, transmit, or otherwise communicate to the public by any means whether now known or unknown and distribute your contributions without any further notice or compensation to you of any kind for the whole duration of protection granted to intellectual property rights by applicable laws and international conventions. You hereby waive any moral rights of paternity, publication, reputation, or attribution with respect to CF Digital’s and other players’ use and enjoyment of such assets in connection with the Application and related goods and services under applicable law. The license grant to CF Digital and the above waiver of any applicable moral rights survives any termination of this License.
E. Access. You must provide at your own expense the equipment, Internet connections or devices and/or service plans to access and use this Application. CF Digital does not guarantee that this Application can be accessed on all devices or wireless service plans. CF Digital does not guarantee that this Application is available in all geographic locations. You acknowledge that when you use this Application, your wireless carrier may charge you fees for data, messaging and/or other wireless access. Check with your carrier to see if there are any such fees that apply to you. YOU ARE SOLELY RESPONSIBLE FOR ANY COSTS YOU INCUR TO ACCESS THIS APPLICATION FROM YOUR DEVICE.
i) You agree that Apple has no obligation whatsoever to furnish any maintenance and support services regarding the Application.
ii) Apple shall not be responsible for any claims by you or any third party relating to your possession and/or use of the Application, including but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection laws or similar legislation; and (iv) claims by any third party that the Application or your possession and use of the Application infringes on the intellectual property rights of the third party.
iii) You represent and warrant that 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 that you are not listed on any U.S. Government list of prohibited or restricted parties.
iv) You agree that Apple and Apple’s subsidiaries are third-party beneficiaries of this License and that upon your acceptance of the terms and conditions of this License, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof.
2. Consent to Use of Data.
To facilitate product support and other services to you, you agree that CF Digital may collect, use, store and transmit non-personally identifiable technical and related information that identifies your mobile device, operating system, application software and peripheral hardware. In addition, CF Digital may collect and store non-personally identifiable game play and Application usage statistics. CF Digital may use this information in the aggregate, in a form which does not personally identify you, to improve our products and services and we may share anonymous aggregate data with our third-party service providers.
3. Consent to Public Display of Data.
If you participate in online services, such as online play or the downloading and uploading of content, CF Digital may also collect, use, store, transmit and publicly display statistical data regarding game play (including scores, rankings and achievements), or identify content that is created and shared by you with other players.
This License is effective until terminated. Your rights under this License will terminate immediately and automatically without any notice from CF Digital if you fail to comply with any of the terms and conditions of this License. Promptly upon termination, you must cease all use of the Application and destroy all copies of the Application in your possession or control. Termination will not limit any of CF Digital’s other rights or remedies at law or in equity. Sections 1(E) and (F) and 2 through 14 of this License shall survive termination or expiration of this License for any reason.
5. Disclaimer of Warranties.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE APPLICATION IS PROVIDED TO YOU “AS IS,” WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. CF DIGITAL AND ITS LICENSORS (COLLECTIVELY “CF DIGITAL” FOR PURPOSES OF THIS SECTION AND SECTION 7) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. CF DIGITAL DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APPLICATION; 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; THAT ANY ERRORS IN THE APPLICATION WILL BE CORRECTED; OR THAT THE APPLICATION WILL BE AVAILABLE FOR REINSTALLS TO THE SAME OR MULTIPLE DEVICES. NO ORAL OR WRITTEN ADVICE PROVIDED BY CF DIGITAL, ANY ONLINE DOWNLOADING PLATFORM OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
6. Limitation of Liability.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL CF DIGITAL BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION OR ANY OTHER FORM OF DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS LICENSE OR THE APPLICATION, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE, WHETHER OR NOT CF DIGITAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SOME JURISDICTIONS DO NOT ALLOW A LIMITATION OF LIABILITY FOR DEATH, PERSONAL INJURY, FRAUDULENT MISREPRESENTATIONS OR CERTAIN INTENTIONAL OR NEGLIGENT ACTS, OR VIOLATION OF SPECIFIC STATUTES, OR THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. IN NO EVENT SHALL CF DIGITAL’S TOTOAL LIABILITY TO YOU FOR ALL DAMAGES (EXCEPT AS REQUIRED BY APPLICABLE LAW) EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICATION.
7. Limitation of Liability and Disclaimer of Warranties are Material Terms of this License.
You agree that the provisions in this License that limit liability are essential terms of this License.
8. Severability and Survival.
If any provision of this License is illegal or unenforceable under applicable law, the remainder of the provision shall be amended to achieve as closely as possible the effect of the original term and all other provisions of this License shall continue in full force and effect.
9. U.S. Government Restricted Rights.
If you are a government end user, then this provision applies to you. The Application provided in connection with this License has been developed entirely at private expense, as defined in FAR section 2.101, DFARS section 252.227-7014(a)(1) and DFARS section 252.227-7015 (or any equivalent or subsequent agency regulation thereof), and is provided as “commercial items,” “commercial computer Application” and/or “commercial computer Application documentation.” Consistent with DFARS section 227.7202 and FAR section 12.212, and to the extent required under U.S. federal law, the minimum restricted rights as set forth in FAR section 52.227-19 (or any equivalent or subsequent agency regulation thereof), any use, modification, reproduction, release, performance, display, disclosure or distribution thereof by or for the U.S. Government shall be governed solely by this License and shall be prohibited except to the extent expressly permitted by this License.
10. Injunctive Relief.
You agree that a breach of this License will cause irreparable injury to CF Digital for which monetary damages would not be an adequate remedy and CF Digital shall be entitled to seek equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages.
11. Governing Law.
The laws of the State of Arizona, excluding its conflicts-of-law rules, govern this License and/or your use of the Application; and (ii) you expressly agree that exclusive jurisdiction for any claim or action arising out of or relating to this License and/or your use of the Application shall be the federal or state courts that cover Maricopa County, Arizona, and you expressly consent to the exercise of personal jurisdiction of such courts. Please note that your conduct may also be subject to other local, state, national, and international laws. The parties agree that the UN Convention on Contracts for the International Sale of Goods (Vienna, 1980) shall not apply to this License or to any dispute or transaction arising out of this License.
You agree to abide by U.S. and other applicable export control laws and agree not to transfer the Application to a foreign national or national destination, which is prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization. You certify that you are not a person with whom CF Digital is prohibited from transacting business under applicable law.
13. Entire Agreement.
This License constitutes the entire agreement between you and CF Digital with respect to the Application and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless made in writing and signed by CF Digital. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of any other right hereunder. In the event of a conflict between this License and any applicable purchase or other terms, the terms of this License shall govern.
If you have any questions or comments regarding this License, you may write to:
CF Digital, LLC
16537 E. Laser Drive, Suite 10
Fountain Hills, AZ 85268
You may also call 1-800-351-7765 or email firstname.lastname@example.org.