END USER LICENSE AND SUBSCRIPTION AGREEMENT
IMPORTANT – READ CAREFULLY : This agreement is a legal agreement between Kuma, LLC, having a principal place of business at 15 West 36th street, New York, NY 10018 ("Kuma") and you, regarding (i) access to, and use of, the http://www.kumagames.com and related websites including but not limited to http://www.kumawar.com, http://ipredator.tv, http://kumasports.com, http://klubklub.com, and http://www.thedinohunters.com (the "Website") and (ii) Kuma software applications including but not limited to the DinoHunters, Dogfights, Kuma Soccer, The Kill Point and Kuma\War game software or the Kuma game client (the "Client Application") and other Kuma entertainment software content, which includes computer software and associated media, printed materials and electronic documentation and technology enabling users to access and use the Kuma service (collectively referred to as the "Kuma Online Service"). This agreement should be read in connection with the Kuma Online Service Rules and Disclaimers, found on the Website at http://www.kumagames.com/legal/rules.html ("Service Rules").
PLEASE NOTE: IF YOU ARE UNDER THE AGE OF EIGHTEEN (18) YEARS OLD, A PARENT OR GUARDIAN MUST ENTER INTO THIS AGREEMENT FOR YOU. PLEASE DO NOT ENTER INTO THIS AGREEMENT YOURSELF! If you are under the age of eighteen (18) years old, your parent or legal guardian hereby acknowledges and agrees, by entering into this agreement on your behalf, that he or she (i) has read this agreement and will enter into it on your behalf; (ii) has informed you of the terms and conditions of this agreement and your obligations under it; and (iii) shall be bound under this agreement to all the terms and conditions and shall be liable for any actions or inactions by you in connection with your use of or access to the Kuma Online Service or any breach of the terms or conditions of this agreement by you.
Any software or content provided with the Kuma Online Service that is associated with a separate end-user license agreement is licensed to you under the terms of that separate license agreement. By clicking or checking "I AGREE" or otherwise indicating your agreement to the terms herein during the registration and/or installation processes, you agree to be bound by the terms of this agreement.
If you have previously agreed to the terms of this agreement and wish to close your Kuma Online Service account, you must uninstall the Client Application (see section 3(c) below). For assistance in uninstalling a KUMA game, visit http://www.kumagames.com/help.html and following the instructions you'll find posted there.
1.Grant of License. Kuma grants to you a limited, personal, nonexclusive, nontransferable, revocable license during its term to (i) install and use one (1) copy of the Client Application on a single computer; and (ii) access, exchange information and data with, and use the Kuma Online Service for your own internal, noncommercial use, subject to the terms and conditions of this agreement.
You acknowledge that you have read and agree to all the Service Rules. The Service Rules are made a part of this agreement by this reference. To review them, please use a web browser to visit: http://www.kumagames.com/legal/rules.html. You acknowledge that the Service Rules may be updated periodically and you are responsible for reviewing the Service Rules regularly for updates and changes.
2.Limitations on License. Limitations on License. Kuma retains all rights not expressly granted to you. You shall not (i) modify, create derivative works from, adapt or translate any part of the Kuma Online Service; (ii) remove or modify advertising or product placements; (iii) reverse engineer, decompile, or disassemble any part of the Kuma Online Service; (iv) offer for sale, sell, distribute, re-distribute, transfer, assign, outsource, rent, lease, sublicense or otherwise lend any part of the Kuma Online Service or rights granted to you by Kuma; (v) duplicate, reproduce or copy any part of the Kuma Service or any information or other content derived from the Kuma Service; or (vi) insert, or allow for the insertion of, a virus, Trojan Horse or other disabling mechanism. Any access or use of the Kuma Online Service or the Website inconsistent with the terms of this agreement is unauthorized and strictly prohibited.
3.Security Elements; Password. If you create or are provided with a user ID and/or password, you are responsible for keeping your user ID and password secret and confidential. You are solely responsible for any communications or other uses that are made by the use of your user ID and password, even if not made by you, as well as any obligations that may result from any such use. You must not transfer or sell your user ID or password to a third party. You are responsible for changing your password if you believe that it has been stolen or might otherwise be misused. You must notify Kuma immediately of any unauthorized use of your user ID or password.
B.[intentionally left blank]
C.Term and Termination:
1.Term. This agreement will become effective following your installation of the Kuma software and will remain in effect until terminated by either party.
2.Termination by Kuma. (a) Without Cause. Kuma may terminate this agreement or prevent access by you to any part of the Kuma Online Service, in its sole discretion, at any time, including termination for sustained non-use by you. (b) With Cause. Kuma may immediately terminate this agreement or otherwise suspend your rights to access and use any part of the Kuma Software and the Website, without notice, if Kuma determines that you have breached any obligation, representation or warranty of this agreement. In no case will you be entitled to a refund or any other type of compensation or consideration in this or any other circumstance.
3.Termination by You. You may terminate this agreement at any time by removing the Client Application and by ceasing to use the Kuma Online Service. Kuma will not be liable for, and this agreement may not be terminated by you due to, any delays, system downtime or failure of the Kuma Online Service to perform or be accessible, if due to any cause or conditions beyond Kuma's control, including, but not limited to, acts of God, strikes, lockouts, riots, epidemics, war, terrorism, governmental decree or regulation, fire, communication line failure, or power failures. In no circumstances will you be entitled to a refund or any other type of compensation or consideration from Kuma.
4.Further Termination Procedures:(a) Procedure. To complete termination by you, you must uninstall your copy of the Client Application. You may do that through one of the following methods: (i) activate the Uninstall link in the Client Application folder of the start menu on the Client Application; (ii) access the directory on your computer where you originally installed the Client Application and double-click on the file entitled uninst.exe; (iii) access the Add/Remove Programs feature of the operating system located on your computer and follow the instructions to remove the Client Application; or (iv) contact Kuma customer assistance at the link provided under the Help tab on the Website for assistance. (b) Effect of Expiration or Termination. If this agreement expires or is terminated for any reason by either party, all licenses and rights granted to you are immediately terminated, and you must immediately cease using and accessing the Kuma Online Service.
5.Survival. Sections A(1) (last two paragraphs); A(2); A(3); C(2)-C(5); and E shall survive termination of this agreement.
The Kuma Online Service, or parts of it, may be provided, hosted, serviced or maintained by one or more third parties. Neither Kuma nor any such third party shall have any obligation under this agreement to correct any bugs, defects or errors in any part of the Kuma Online Service, including, without limitation, the Client Application or the Website or to otherwise support, update or maintain any part of the Kuma Online Service. Kuma or its designee may provide support coverage solely for registered users of the Kuma Online Service using support tools such as on-line documentation, e-mail, help screens, and forum or chat rooms, that Kuma may decide to provide from time to time, in its sole discretion.
E.Third Party Software:
You acknowledge that certain portions of the Kuma Online Service may use or communicate with software developed by third parties or with third-party Internet service providers not under the control of Kuma ("Third Party Software and Services"). You agree to look solely to any such third parties for remedies, losses or damages related to Third Party Software and Services. Use of the game’s audio or visual components (including sound files in wav or ogg formats) is a violation of international copyright and is strictly prohibited.
You represent and warrant that: (i) you are eighteen (18) years of age or older as of the Effective Date of this agreement (if not, your parent or legal guardian hereby represents and warrants that he or she has validly executed this agreement on your behalf); (ii) you are accessing the Kuma Online Service in compliance with all applicable laws and regulations of your jurisdiction; and (iii) all information provided to Kuma in connection with this agreement, including, without limitation, all registration information is true, correct and accurate. You must promptly provide Kuma with an update in writing if any of Your Information changes.
H. Proprietary Information
You acknowledge that Kuma or its third-party licensors, as the case may be, own all right, title and interest, including without limitation, all copyright, trademark, patent, trade secret and all other intellectual-property rights, and any changes, modifications improvements, or corrections to them and derivative works of them in all portions of the Kuma Online Service, including, without limitation, the Client Application, all software content, media, text and materials in the games and on the Website, all encryption and download technology, and all non-personally identifiable, descriptive or aggregate data or information derived from Your Information or generated or maintained by Kuma as a result of your interaction with, access to, or use of, the Kuma Online Service. You agree not to alter or remove any copyright or other proprietary rights notice or identification which indicates Kuma's or a third parties ownership of any materials, or insert any copyright or other proprietary rights notice or identification which indicates ownership by any person or entity other than as designated by Kuma.
1. Associated Press ("AP") and other, similar proprietary text, photographic, audio and video material used in connection with the Website and the Kuma Online Service shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium. Neither the AP materials, similar materials nor any portion of them, may be stored in a computer except for personal and non-commercial use. Neither AP nor other proprietary party or licensee shall be held liable in any way to you or to any third party or to any other person who may receive information used in connection with the Website or the Kuma Online Service or to any other person whatsoever, for any delays, inaccuracies, errors or omissions therefrom or in the transmission or delivery of all or any part of them or for any damages arising from any of the foregoing or occasioned thereby.
2.Kuma Game applications contain code and other materials licensed from Nvidia and Valve Corporation.
3.Kuma Game applications use OGG VORBIS software to play music, sounds and speech: The OGG VORBIS software is © 2006, Xiph.Org Foundation. Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
Neither the name of the Xiph.org Foundation nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission. This software is provided by the copyright holders and contributors “as is” and any express or implied warranties, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose are disclaimed. In no event shall the foundation or contributors be liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of this software, even if advised of the possibility of such damage.
4.The Kuma Online Service uses Havok™ Physics. ©Copyright 1999-2003 Havok.com Inc. (and its Licensors). All Rights Reserved. See www.havok.com for details.
5.The Kuma Online Service utilizes the Akamai NetSession Interface. The Akamai NetSession Interface is secure client-side networking technology that harnesses the power of your computer to deliver software and media available on the Akamai network, improving the speed, reliability, and efficiency of content downloaded from the Web. Your Akamai NetSession Interface works collectively with other Akamai NetSession Interfaces, along with thousands of Akamai edge servers, and runs as a networking service utilizing a limited amount of your computer's available resources and upload bandwidth. More information about the Akamai NetSession Interface is available www.akamai.com/client/. By agreeing to the terms and conditions of the Kuma Online Service, you are also agreeing to the Akamai License Agreement, available here: Please read the Akamai License Agreement carefully.
6.Dogfights © 2006 A&E Television Networks. Dogfights, the "H" logo and The History Channel are trademarks of A&E Television Networks.
7.The Kill Point © 2007 Spike TV. The Kill Point is a trademark of Spike TV.
I. Limitation of Liability:
You acknowledge that in no event shall Kuma or any of its affiliates, or any of their respective officers, directors, employees, agents, representatives, successors or assigns be liable to you or any third party for any indirect, incidental, special, punitive, consequential, reliance, or other damages or penalties, including personal injury or death, loss of profits, or lost savings, income, revenue, data or use, whether in an action in contract or tort, including without limitation negligence, or otherwise, arising out of this agreement or your use, misuse of or access to the Website, Kuma Online Service or information or data relating to it, or the exchange of information or data with the Website, Kuma Online Service, even if Kuma has been advised of the possibility of such damages.
IN NO EVENT SHALL KUMA'S CUMULATIVE LIABILITY FOR ANY DAMAGES, PENALTIES, OR LOSS, REGARDLESS OF THE FORM OF THE ACTION OR CLAIM, EXCEED THE AGGREGATE AMOUNT OF FEES PAID TO KUMA BY YOU DURING THE IMMEDIATELY PRECEDING TWELVE (12) MONTHS BEFORE THAT CLAIM IS BROUGHT.
J. Disclaimer of Warranties:
Kuma makes no representation or warranty that the Website or Kuma Online Service will meet your requirements. You understand that the Website and Kuma Online Service are provided "AS IS" and in their respective present state and condition. No warranty or representation, express or implied, written or oral, statutory or otherwise, as to the condition, quality, availability, durability, performance, non-infringement, merchantability, or fitness for a particular purpose or use of the Website and Kuma Online Service is given or assumed by or any of its affiliates, or any of their respective officers, directors, employees, agents, representatives, successors or assigns and all such warranties and representations are hereby disclaimed to the fullest extent permitted by law. Kuma makes no representation or warranty with respect to the accuracy or completeness of the information or data produced or displayed in connection with the Website and Kuma Online Service. Kuma does not guarantee continuous, uninterrupted, or secure access to the Website and Kuma Online Service and access to such may be interfered with by numerous factors outside the control of Kuma. Kuma is not liable for any damages of any type caused by any such interference. You assume any and all risk associated with the access or use of, or exchange of content, data or information with the Website and Kuma Online Service.
You hereby indemnify and hold harmless, and hereby release, Kuma and its affiliates, and their respective officers, directors, employees, agents, successors and assigns from and against any and all claims, damages, and expenses, including reasonable legal fees, incurred directly or indirectly, by Kuma or its affiliates, or their respective officers, directors, employees, agents, successors or assigns that arise out of, or relate to, a breach or non-performance by you of your representations, warranties or obligations under this agreement.
L. Governing Law and Jurisdiction:
This agreement shall be construed and enforced in accordance with the laws of the state of New York, United States of America, without reference to conflict of laws principles. You expressly consent to the sole and exclusive jurisdiction of the United States federal and state courts in the state of New York. Kuma shall be entitled to interim relief or provisional remedies before any court having jurisdiction.
All e-mail notices to Kuma must be directed to firstname.lastname@example.org. Notices by Kuma to you shall be made as set forth in this agreement. E-mail notices are deemed given on delivery. Notices given by other written means shall be deemed given as shall be reasonable and customary for those respective means of delivery, but in no case for more than two (2) days for hand deliveries and air-courier deliveries and seven (7) days for delivery by any other means.
You may not assign or otherwise transfer any license or rights granted under this agreement or delegate its obligations without the express written consent of Kuma, which consent may be withheld for any reason. In the event any provision of this agreement is held to be invalid or unenforceable, that provision will be modified to the minimum extent necessary to be enforceable and fulfill the purposes of this agreement, and the remaining provisions of this agreement will remain in full force and effect. Waiver by either party of any default or breach of this agreement shall not constitute a waiver of any other or subsequent default or breach.
O. Entire Agreement:
By clicking or checking "I AGREE" during the registration and/or installation processes, or by using any portion of the Kuma Online Service, you agree to be bound by the terms of this agreement. process you acknowledge that you have read and agree to be bound by the terms and conditions of this License Agreement.