IMPORTANT – READ CAREFULLY BEFORE INSTALLING AND/OR USING SPACE MAVERICKS APPLICATION SOFTWARE. BY INSTALLING THE SOFTWARE AND/OR USING THE SOFTWARE, YOU INDICATE YOUR FULL ACCEPTANCE TO THIS END-USER LICENSE AGREEMENT. YOU ACKNOWLEDGE AND AGREE THAT BY CLICKING ON THE ACCEPT BUTTON OR OTHER SIMILAR BUTTONS AS MAY BE DESIGNATED BY FIREGECKO TO SHOW THIS AGREEMENT AND/OR INSTALL THE SOFTWARE, YOU ARE ENTERING INTO A LEGALLY BINDING CONTRACT. USE OF THE SOFTWARE IS SUBJECT TO THE TERMS OF THIS AGREEMENT. YOU MUST NOT USE THE SOFTWARE UNTIL YOU HAVE READ AND ACCEPTED THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN DO NOT INSTALL OR USE THE SOFTWARE. This Agreement is made between FIREGECKO LTD a company duly constituted under the laws of England, United Kingdom, with headquarters at 71-75, Shelton Street, London, WC2H 9JQ and You, the User of this Software, either an individual or an entity.
Ability to Accept End-User License Agreement
You affirm that you are at least 18 years of age or the age of majority in the jurisdiction you are installing/accessing the Software from, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement. Licensor and You acknowledge that this Agreement is concluded between Licensor and You, and not between You and the Store. Licensor is the sole responsible for this Software and its contents. If you are under 18 or the applicable age of majority, you are not permitted to submit personal information to us or use the Software without your parents or legal guardian consent.
Definitions:
“Agreement” means this Space Mavericks End User License Agreement.
“License” means the right granted by the Licensor to the Licensee to use the Software upon acceptance of this Agreement and respective payment by the Licensee.
“Licensee” or “you” means the individual person installing or using the Software on his or her own behalf; or, if the Software is being downloaded or installed on behalf of an organization, such as an employer, “you” means the organization for which the Software is downloaded or installed and it is represented hereby that such organization has authorized the person accepting this agreement to do so on its behalf.
“Licensor” or “us” means Firegecko Ltd and its associated companies.
“New Releases” means big or complex changes on the Software made by the Licensor which incurs in additions of new features.
“Software” means this application named SPACE MAVERICKS and all of its contents, files, texts, pictures, demonstrations, artwork, design, mobile and computer programming code and related system documentation including all comments and any procedural code such as job control language and programs assembled or compiled in magnetic or electronic binary form on software media, which are readable and usable by machines, all upgrades, revisions, patches, enhancements, fixes modifications, copies, additions or maintenance releases of the Software, related user documentation and explanatory materials or files provided in written, “online” or electronic form.
“Source Code” means all code and programming used to compile the Software and its respective updates and versions.
“Updates” means all small changes made by Licensor on the Software with the purpose of fixing bugs or making enhancement on the Software.
“Store” means the Applications in which the Software may be sold or distributed that can either be Steam by Valve Corporation and its associated companies, App Store by Apple Inc. and its associated companies, Google Play by Google LLC and its associated companies, or other Store in which the Licensor has made the Software available.
“Website” means the Licensor website hosted at www.firegecko.studio or www.space-mavericks.com.
1. Proprietary Rights and Non-Disclosure.
1.1. Ownership Rights. You agree that the Software and the content, dialogues, artwork, music, videos, 3D arts and graphics, backgrounds, menu system, artificial intelligence engine, real time graphic engine, virtual assistants, digital avatars, voice prompts, authorship, systems, ideas, methods of operation, documentation and other information related and contained in the Software are proprietary intellectual properties and/or the valuable trade secrets of the Licensor and they are protected by civil and criminal law. The Licensor owns and retains all right, title and interest in and to the Software, including without limitations any error corrections, enhancements, updates or other modifications to the Software, whether made by the Licensor or any third party, and all copyrights, patents, trade secret rights, trademarks, and other intellectual property rights herein. Your possession, installation or use of the Software does not transfer to you any title to the intellectual property of the Software, and you will not acquire any rights to the Software or any part of it except as expressly set forth in this Agreement. This Agreement does not grant you any intellectual property rights in the Software and you acknowledge that the License granted under this Agreement only provides you with a right of limited use of the Software under the terms and conditions of this Agreement.
1.2. Intellectual Property Claims. Licensor and Licensee acknowledge that, in the event of any third party claim that the Software or Your possession and use of Software infringes that third party’s intellectual property rights, Licensor, not Store, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
1.3. Source Code. You acknowledge that the Source Code for the Software is proprietary to the Licensor and constitutes trade secrets of the Licensor. You agree not to disassemble, decompile or “unlock”, decode or otherwise reverse-translate or reverse-engineer, or attempt in any manner to reconstruct or discover any source code or underlying algorithms of the Software or any part thereof provided.
1.4. Confidential Information. You agree that the Software, including the specific design and structure of individual programs, constitute confidential proprietary information of the Licensor. You agree not to transfer, copy, disclose, provide or otherwise make available such confidential information in any form to any third party.
2. Grant of License.
2.1. License. The Licensor grants you non-exclusive, revokable, limited and non-transferable license to download, store, load, install, execute, use, and display the Software on personal computers, notebooks, consoles, ‘smart phones’, mobile phones, hand-held devices, ‘tablets’, or other electronic devices for which the Software was designed by a single user pursuant to the terms and conditions of this Agreement and the Store, if applicable, and you hereby agree and accept such License as follows:
a) Trial Version or Demo Version. If you have received, downloaded and/or installed a trial version of the Software and was granted an evaluation license, you may use the Software for evaluation purposes only and for a limited time or with limited functionalities as specified by the Licensor. Any use of the Software for other purposes is strictly prohibited. The Licensor shall not be required to provide any support and Updates for the Trial Version or Demo Version of the Software.
b) Personal License. The License granted hereby is for personal use only. You can use one copy of the specified version of the Software on up to 5 (five) devices registered with us or with your Store’s account, in accordance with the Software requirements. You hereby agree that You will not use the Software for any commercial purpose and neither distribute it in any form without Licensor’s prior consent.
2.1.1. SUBSCRIPTION. IF YOU HAVE PURCHASE A SUBSCRIPTION, THE LICENSE IS ONLY VALID DURING THE TIME OF YOUR SUBSCRIPTION AS INDICATED ON THE TIME OF YOUR PURCHASE. ALL SUBSCRIPTIONS ARE SET TO RENEW AUTOMATICALLY ON THE SAME PERIOD BASIS. YOU CAN CANCEL THE AUTOMATIC RENEW UP TO 24 (TWENTY-FOUR) HOURS BEFORE THE EXPIRATION DATE. YOU CAN DO THIS ON THE WEBSITE, STORE OR BY SENDING A MESSAGE TO CONTACT@FIREGECKO.STUDIO. WE RESERVE THE RIGHT TO CANCEL YOUR SUBSCRIPTION AT ANY TIME AND REFUND THE REMAINING BALANCE.
2.2. Third-Party Software. In order to use the Software, you may need to obtain certain additional third-party software (“Third Party Software”). Third Party Software is (i) not licensed hereunder; (ii) not under Licensor’s control or license; and (iii) subject to the applicable licenses of such third parties which you may need to enter into prior to the installation of the Third-Party Software and prior to the effective download and use of the Software. Notwithstanding any provision to the contrary herein, nothing in this Agreement shall be construed as to grant you any rights or licenses with regard to such Third-Party Software or to entitle you to use such Third-Party Software.
2.3. Multiple Environment Software; Multiple Language Software; Dual Media Software; Multiple Copies; Bundles. You may not rent, bundle with other software or materials, lease, sublicense, lend or transfer any versions or copies of the Software regardless of whether you use the Software or not without Licensor’s written consent.
2.4. Updates. During the Term of this Agreement, you may download Updates to the Software when and as the Licensor publishes them in its website or through other online services or Stores. Notwithstanding any provision to the contrary herein, nothing in this Agreement shall be construed as to grant you any rights or licenses with regard to the New Releases of the Software or to entitle you to any New Release. This Agreement does not obligate the Licensor to provide any Updates. Notwithstanding the foregoing, any Updates that you may receive become part of the Software and the terms of this Agreement apply to them (unless this Agreement is superseded by a further Agreement accompanying such Update or modified version of the Software).
2.4.1. Maintenance. Licensor is the sole responsible to provide any maintenance and support for the Software. Licensor and You acknowledge that the Store has no obligation whatsoever to furnish any maintenance and support services with respect to the Software.
2.5. Term and Termination. The term of this Agreement shall begin when you download or install the Software (whichever is earlier) and shall continue, unless otherwise terminated pursuant hereto. The Licensor may terminate this Agreement by offering you a superseding Agreement for the Software or any replacement or Update or New Release of the Software and conditioning your continued use of the Software or such replacement, Updated or upgraded version or New Release on your acceptance of such superseding Agreement. This Agreement may be also terminated by the Licensor immediately and without notice if you fail to comply with any of your obligation or conditions of this Agreement or at Licensor’s sole discretion with a thirty (30) days prior notice. Without prejudice to any other rights, this Agreement will terminate automatically if you fail to comply with any of the limitations or other requirements described herein. You may also terminate this Agreement by deleting the Software and all copies thereof from your devices, consoles or from your computer. Upon termination or expiration of this Agreement, you must immediately cease use of the Software and destroy all copies of the Software.
2.6. No Rights Upon Termination. Upon termination of this Agreement you will no longer be authorized to have or use the Software in any way.
2.7. The termination of this Agreement shall not affect any rights or obligations of the Licensor, which compliance or exercise occurs after the termination of this Agreement.
2.8. Material Terms and Conditions. You specifically agree that each of the terms and conditions of this Section 2 are material and that your failure to comply with these terms and conditions shall constitute sufficient cause for Licensor to immediately terminate this Agreement and the License granted under this Agreement.
2.9. Refunds and Cancellations. You may cancel any order for the Software at no charge up to five (5) business days after payment upon written notice to contact@firegecko.studio. After such period you will not be entitled to a refund. If you have purchased the Software from a Store, their rules for refunds will apply limited to five (5) business days.
3.Additional Covenants; Assignment of Intellectual Property Rights.
3.1. Third Party Beneficiary. Licensor and you acknowledge and agree that the Store is a third party beneficiary of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, the Store 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.
3.2. Additional Limitations. Notwithstanding anything to the contrary herein, you may not use, or modify the Software in any way as to form the basis for creating a product or software that provides the same, or substantially the same, functionality as the Software; and in the event you develop any modifications, enhancements, derivative works and/or extensions to the Software, either independently or jointly with Licensor, such modifications, enhancements, derivative works and/or extensions and all rights associated therewith will be the exclusive property of Licensor. You shall not grant, either expressly or impliedly, any rights, title, interest, or licenses to any such modifications, enhancements, derivative works and/or extensions to any third party. You will, however, be entitled to use such modifications, enhancements, derivative works and/or extensions for personal use only. You hereby assign all right, title and interest in and to such modifications, enhancements, derivative works and/or extensions to the Software to Licensor. You also agree to execute, acknowledge and deliver to Licensor all documents and do all things Licensor deems necessary or desirable at no cost to enable Licensor to obtain and secure such modifications, enhancements, derivative works and/or extensions anywhere in the world. You agree to secure all necessary rights and obligations from relevant employees or third parties in order to satisfy the above obligations.
3.3. Indemnification. In addition to the other requirements set forth in this Section 3, you hereby agree to indemnify, hold harmless, and defend Licensor from and against any and all claims, damages, judgments, awards, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your permission to use and access to the Software by minors; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) related to any claim, action, proceeding or allegation that arises or results, either directly or indirectly, from the use, modification and distribution of the Software or any part of its Source Code.
4. Restrictions.
4.1. No Transfers. Under no circumstances you shall sell, rent, lease, license, sublicense, publish, display, distribute, or otherwise transfer to a third party the Software any copy or use thereof, in whole or in part, without Licensor’s prior written consent. If the applicable law in your jurisdiction grants you a non-waivable right of assignment, you may transfer your rights under this Agreement to another person or entity, provided that (a) you also assign this Agreement, the Software, all accompanying materials, and all Updates and prior versions, to such person or entity; (b) retain no copies, including backups and copies stored on a device; (c) the receiving party accepts the terms and conditions of this Agreement and any other terms and conditions upon which you legally purchased a license to the Software; and (d) the Licensor is notified about the transfer. Notwithstanding the foregoing, you may not transfer pre-release, or “not for resale” copies of the Software. Under no circumstance you may permit third parties to benefit from the use or functionality of the Software via a timesharing, service bureau or other arrangement.
4.2. Prohibitions. Except as otherwise specifically provided in this Agreement, you may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, otherwise reverse engineer, or otherwise reduce any party of the Software and transfer any part of the Software, nor permit any third party to do so. Notwithstanding the foregoing sentence, decompiling the Software is permitted to the extent the laws of your jurisdiction give you the non-waivable right to do so to obtain information necessary to render the Software interoperable with other software; provided, however, that you must first request such information from the Licensor and the Licensor may, in its sole discretion, either provide such information to you (subject to confidentiality terms) or impose reasonable conditions, including a reasonable fee, on such use of the Software to ensure that the Licensor’s and its suppliers and/or licensors proprietary rights in the Software are protected. You may not modify, or create derivative works based upon the Software in whole or in part. Any such unauthorized use shall result in immediate and automatic termination of this Agreement and the License granted hereunder and may result in criminal and/or civil prosecution. Neither Software’s binary code nor source may be used or reverse engineered to re-create the program algorithm, which is proprietary, without written permission of the Licensor. All rights not expressly granted here are reserved by Licensor and/or its suppliers and licensors.
4.3. License Key. You may not give, make available, give away, sell or otherwise transfer your License Key or any copy thereof to a third party. Software’s License Key may not be distributed, except as provided herein, outside of the area of legal control of the person or persons who purchased the original License, without written permission of the Licensor. Doing so will result in an infringement of copyright. The Licensor retains the right of claims for compensation in respect of damage which occurred by your giving away the License Key or registration code contained therein. This claim shall also extend to all costs which the Licensor or its licensors incur in defending themselves.
4.4. No Extraction for Separate Use. You shall not extract or Use any functionality of this Software other than as part of normal operation and functionality of the Software as a whole.
4.5. Proprietary Notices and Copies. You may not remove any proprietary notices or labels on the Software and you may not copy the Software.
4.6. No Transfer of Rights. Except as otherwise specifically provided herein, this Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Licensor’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of this Agreement shall be binding upon assignees.
4.7. Compliance with Law. You agree that in using the Software and any report or information derived as a result of the use of this Software, you will comply with all applicable international, national, state, regional and local laws and regulations, including, without limitation, privacy, copyright, export control and obscenity law. You represent and warrant that (i) 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 (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
4.8. Additional Protection Measures. Solely for the purpose of preventing unlicensed use of the Software, the Software may install on your device technological measures that are designed to prevent unlicensed use, and the Licensor may use this technology to confirm that you have a licensed copy of the Software. The update of these technological measures may occur through the installation of the Updates. The Updates will not install or may interrupt the use of the Software if you have installed on unlicensed copies of the Software. If you are not using a licensed copy of the Software, you are not allowed to install the Updates. You hereby agree that the Licensor may collect personally identifiable information from your device during this process.
5. NO WARRANTY AND DISCLAIMER.
5.1. NO IMPLIED OR OTHER WARRANTIES. THE SOFTWARE IS PROVIDED “AS AVAILABLE” AND “AS IS” WITHOUT ANY WARRANTY WHATSOEVER AND THE LICENSOR MAKES NO PROMISES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CIVIL LAW, CUSTOM, USAGE OR OTHERWISE, REGARDING OR RELATING TO THE SOFTWARE OR CONTENT THEREIN OR TO ANY OTHER MATERIAL PROVIDED TO YOU PURSUANT TO THIS AGREEMENT OR OTHERWISE. YOU ASSUME ALL RISKS AND RESPONSIBILITIES FOR SELECTION OF THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE SOFTWARE. THE LICENSOR MAKES NO WARRANTY THAT THE SOFTWARE WILL BE ERROR FREE OR FREE FROM INTERRUPTION OR FAILURE, OR THAT IT IS COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SOFTWARE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, INTEGRATION, SATISFACTORY QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE WITH RESPECT TO THE SOFTWARE AND THE ACCOMPANYING WRITTEN MATERIALS OR THE USE THEREOF. YOU HEREBY ACKNOWLEDGE THAT THE SOFTWARE MAY NOT BE OR BECOME AVAILABLE DUE TO ANY NUMBER OF FACTORS INCLUDING WITHOUT LIMITATION PERIODIC SYSTEM MAINTENANCE, SCHEDULED OR UNSCHEDULED, ACTS OF GOD, TECHNICAL FAILURE OF THE SOFTWARE, TELECOMMUNICATIONS INFRASTRUCTURE, OR DELAY OR DISRUPTION ATTRIBUTABLE TO VIRUSES, DENIAL OF SERVICE ATTACKS, INCREASED OR FLUCTUATING DEMAND, AND ACTIONS AND OMISSIONS OF THIRD PARTIES. THEREFORE, THE LICENSOR EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY REGARDING SYSTEM AND/OR SOFTWARE AVAILABILITY, ACCESSIBILITY, OR PERFORMANCE. THE LICENSOR DISCLAIMS ANY AND ALL LIABILITY FOR THE LOSS OF DATA DURING ANY COMMUNICATIONS AND ANY LIABILITY ARISING FROM OR RELATED TO ANY FAILURE BY THE LICENSOR TO TRANSMIT ACCURATE OR COMPLETE INFORMATION TO YOU.
5.2. LIMITED LIABILITY; NO LIABILITY FOR CONSEQUENTIAL DAMAGES. YOU ASSUME THE ENTIRE COST OF ANY DAMAGE RESULTING FROM YOUR USE OF THE SOFTWARE AND THE INFORMATION CONTAINED IN OR COMPILED BY THE SOFTWARE OR INFORMED BY YOU ON THE SOFTWARE, AND THE INTERACTION (OR FAILURE TO INTERACT PROPERLY) WITH ANY OTHER HARDWARE OR SOFTWARE WHETHER PROVIDED BY THE LICENSOR OR A THIRD PARTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE LICENSOR OR ITS SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF GOODWILL, CONSEQUENTIAL DAMAGES, INDIRECT DAMAGES, LOSS OF PERSONAL DATA, WORK STOPPAGE, HARDWARE OR SOFTWARE DISRUPTION IMPAIRMENT OR FAILURE, REPAIR COSTS, TIME VALUE OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, OR THE INCOMPATIBILITY OF THE SOFTWARE WITH ANY HARDWARE OR SOFTWARE USAGE. IN NO EVENT WILL LICENSOR’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES IN ANY ONE OR MORE CAUSE OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE EXCEEDS THE AMOUNT PAID BY YOU FOR THE SOFTWARE.
5.3. INFORMATION PROVIDED TO THE SOFTWARE OR THE LICENSOR. YOU HEREBY ACKNOWLEDGE THAT ALL INFORMATION YOU PROVIDE TO THE SOFTWARE OR THE LICENSOR IS SUSCEPTIBLE TO HACK ATTACKS OR THIRD PARTIES MISS USE AND THE LICENSOR CANNOT GUARANTEE FULL PROTECTION OF THE INFORMATION YOU HAVE PROVIDED, FOR WHICH YOU RELEASE THE LICENSOR OF ANY RESPONSIBILITIES OR INDEMNIFICATIONS ARISING THEREOF. IF FOR ANY REASON IS NOT RELEASED OF SUCH, YOU AGREE TO RECEIVE LIQUIDATED DAMAGES ON THE SAME AMOUNT YOU HAVE PAID FOR THE LICENSE TO USE THE SOFTWARE.
5.4. Residual Warranty. In the event of mandatory law or judicial decision imposing any kind of warranty on the Software and the failure of the Software to conform to such warranty, you may notify us or the Store, as applicable, and the Licensor or the Store will refund the purchase price for the Software; and that, to the maximum extent permitted by applicable law, Licensor or the Store will have no other warranty obligation whatsoever with respect to the Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Licensor sole responsibility.
5.5 Product Claims. Licensor and you acknowledge that Licensor, not the Store, is responsible for addressing any of your claims or any third party relating to the Software or your possession and/or use of the Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with Software’s use of the Store frameworks.
6.Your Information and the Licensor’s Privacy Policy.
6.1. Privacy Notices. You hereby expressly consent to the Licensor’s processing of your personal data (which may be collected by the Licensor) according to the Licensor’s current PRIVACY NOTICE as of the date of the effectiveness hereof which is incorporated into this Agreement by reference. By entering into this Agreement, you agree that the Licensor may collect and retain information about you, including your name, email address and credit card information as well as information you provide to the Software. The Licensor employs other companies and individuals to perform functions on its behalf. Examples include fulfilling orders, delivering packages, sending postal mail and e-mail, removing repetitive information from customer lists, analysing data, providing marketing assistance, processing credit card payments, and providing customer service. They have access to personal information needed to perform their functions, but may not use it for other purposes. The Licensor publishes the Privacy Notice on its website and may amend it from time to time on its sole discretion. You should refer to the Licensor’s Privacy Notice available on the website prior to agreeing to this Agreement for a more detailed explanation of how your information will be stored and used by the Licensor. If you are an organization, you will ensure that each member of your organization (including employees and contractors) about whom personal data may be provided to the Licensor has given his or her express consent to the Licensor’s processing of such personal data. Personal data can be processed by the Licensor in the country where it was collected, and possibly in the United Kingdom, United States, South America, European Union and Russian Federation.
7.Governing Law; Jurisdiction and Miscellaneous.
7.1. Law and Jurisdiction. This Agreement and any disputes or claims arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with the laws of England and Wales. You irrevocably agree that the courts of England and Wales have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims).
7.2. Period for Bringing Actions. No action, regardless of form, arising out of the transactions under this Agreement, may be brought by either party hereto more than one (1) year after the cause of action has occurred, or was discovered to have occurred, except that an action for infringement of intellectual property rights may be brought within the maximum applicable statutory period.
7.3. Entire Agreement; Severability; No Waiver. This Agreement is the entire agreement between you and Licensor and supersedes any other prior agreements, proposals, communications, or advertising, oral or written, with respect to the Software or to subject matter of this Agreement. You acknowledge that you have read this Agreement, understand it and agree to be bound by its terms. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, void, or unenforceable for any reason, in whole or in part, such provision will be more narrowly construed so that it becomes legal and enforceable, and the entire Agreement will not fail on account thereof and the balance of the Agreement will continue in full force and effect to the maximum extent permitted by law or equity while preserving, to the fullest extent possible, its original intent. No waiver of any provision or condition herein shall be valid unless in writing and signed by you and an authorized representative of Licensor provided that no waiver of any breach of any provisions of this Agreement will constitute a waiver of any prior, concurrent or subsequent breach. Licensor’s failure to insist upon or enforce strict performance of any provision of this Agreement or any right shall not be construed as a waiver of any such provision or right.
7.4. Should you have any questions concerning this Agreement, or if you desire to contact the Licensor for any reason, please contact our Customer Department at: contact@firegecko.studio or contact@space-mavericks.com. Address: 71-75, Shelton Street, London, WC2H 9JQ, United Kingdom.
Copyright © 2021 Firegecko Ltd and its licensors. All rights reserved. The Software, including and any accompanying documentation, are copyrighted and protected by copyright and trademark laws and international copyright and trademark treaties, as well as other intellectual property laws and international agreements.
