END USER LICENSE AGREEMENT

Last Updated: July 7, 2017


This End User License Agreement ("Agreement") is a legal agreement between you and MaoWare Corporation ("Company") stating the terms and conditions that govern your use of this application and all related software, documentation, and updates and upgrades that replace or supplement the application and are not distributed with a separate license (collectively, this "Application").


  1. License Grant. Subject to the terms and conditions of Agreement, Company hereby grants to you a limited, non-transferable, non-sublicensable, non-assignable and revocable license to install and use the Application solely for your own personal, non-commercial use on devices that you own or control. For the avoidance of doubt, the Application is licensed, not sold, to you by Company pursuant to and subject to the terms and conditions of this Agreement and any other applicable terms and conditions promulgated by any third-party distributor not affiliated with Company (e.g., application store, network operator, and other such intermediaries, etc.) ("Third-Party Distributor"). Company reserves all rights not expressly granted to you herein. You acknowledge and agree that this Agreement is between you and Company, and acknowledge that no Third-Party Distributor is a party to this Agreement.
  2. Restrictions. You may not use this Application on devices you do not own or control. You may not distribute or make the Application available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute, or sublicense the Application. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Application, any updates or upgrades, or any part thereof.
  3. Digital Items.

    The Application may include virtual in-game currency and/or items (collectively, "Digital Items"), which may be earned or purchased from the Company, where permitted by law. These Digital Items and the price thereof may be altered at any time by the Company without notice. All purchases are final and non-refundable. Digital Items remain the property of the Company. You are granted a non-exclusive, non-sublicensable, non-transferrable (except to the extent expressly permitted) right to use such Digital Items in conjuction with the Application.

    The Company shall, in its sole discretion, administer Digital Items, and in this capacity, control, modify, and/or eliminate any or all Digital Items without notice, for which you are not entitled to any refund, credit redemption, or any other compensation. You acknowledge and agree that there is no value to Digital Items or time you spend using the Application, for which you will not be compensated under any circumstances regardless of whether or not you are able to access the Application. The Company is not responsible for repairing or replacing any Digital Items lost for any reason whatsoever including, but not limited to, suspension of the Associated Services, technical issues, or as a result of a third party.

  4. Consent to Use of Data. You agree that Company may collect and use technical data and related information including but not limited to technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Application. Company may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.
  5. NO WARRANTY. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY COMPANY ("SERVICES") ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATSIFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. COMPANY DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APPLICATION, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APPLICATION OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY COMPANY OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
  6. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Company's total liability to you exceed the amount actually paid by you for the Application. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
  7. Limitation of Liability is a Material Term of this Agreement. You agree that the provisions in this Agreement that limit liability are essential terms of this Agreement. The foregoing limitations of liability apply even if any remedies described in this Agreement fail in their essential purpose.
  8. Changes to Services. Company reserves the right at any time to modify or discontinue, temporarily or permanently, the Application (or any portion thereof) without notice. You agree that the Company shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Application
  9. Export Restrictions. You may not use or otherwise export or re-export the Application except as authorized by United States law and the laws of the jurisdiction in which the Application was obtained. In particular, but without limitation, the Application may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. By using the Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missiles, or chemical or biological weapons.
  10. Commercial Items. The Application and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
  11. High-Risk Activities. The Application is not designed or intended for use in high-risk activities including, but not limited to, on-line control of aircraft, air traffic, aircraft navigation or aircraft communications or in the design, construction, operation or maintenance of any nuclear facility. Company specifically disclaims any express or implied warranty of fitness for such purposes or any other purposes.
  12. Associated Services. The Application may enable access to Company's and third party services and web sites ("Associated Services"). Use of these Associated Services may require Internet access and that you accept additional terms of service.
  13. Data Access Charges. Certain functions of the Application may require data access, and your network provider may charge you data access fees in connection with your use of the Application. You are solely responsible for any data access or other charges you incur.
  14. No Guarantee of Continued Use or Availability.

    Company reserves the right to modify, update, supplement, limit, discontinue, remove or disable access to the Application and/or Associated Services without notice to you and neither Company nor any Third-Party Distributor shall be liable to you or any third party should it exercise such rights. From time to time, Company may make available updates or upgrades to the Application via software download or other means. Such download may occur automatically without the need for any act on your part, or it may require you to manually download an update or upgrade through the same source from which the Application was originally downloaded. Certain functions of the Application may be modified or discontinued as a result of any such update or upgrade, or may not be available if you have not downloaded all updates and upgrades made available by Company or otherwise. Failing to install an update may result in an inability to use the Application and/or Associated Services, for which you shall not be entitled to a refund or compensation of any kind.

  15. Indemnification. You agree to indemnify, defend, and hold Company, its affiliates and their respective successors and assigns, officers, directors, employees, agents, licensors, representatives, advertisers, service providers, and suppliers harmless against any and all claims, demands, actions, losses, damages, costs and expenses (including reasonable attorneys' fees), arising out of or relating to your (a) breach or violation of this Agreement, (b) infringement, misappropriation or any violation of the rights of any other party, (c) violation or non-compliance with any applicable law, rule, or regulation, and (d) use, alteration, or export of the Application (or any component thereof) in volation of this Agreement. Company reserves the right to assume the exclusive defense and control of any claims or actions subject to indemnification by you and all negotiations for its settlement or compromise, and you agree to fully cooperate with us upon our request.
  16. Entire Agreement. This Agreement constitutes the entire agreement between you and Company with respect to the Application and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this Agreement will be binding unless made in writing and signed by Company. 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 Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.
  17. Termination. This Agreement is effective until terminated by you or Company. Your rights under this Agreement will terminate automatically without notice from Company if you fail to comply with any term(s) of this Agreement. Upon termination of the Agreement, you shall cease all use of the Application, and destroy all copies, full or partial, of the Application.
  18. Changes. Company may make changes to this Agreement, at any time and from time to time, by notifying you of the change, including, without limitation, by including notice on the Application or by other electronic means, and a new copy of this Agreement shall be made available on the Application. By using the Application after such changes are made to the Agreement, you signify that you agree to be bound by and comply with such changes and Company shall treat your use as acceptance of the changed provisions
  19. Severability and Survival. If any provision of this Agreement 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 shall continue in full force and effect. Any provision of this Agreement which by its nature must survive the termination of this Agreement in order to give effect to its meaning shall survive such termination.
  20. Assignment. You may not assign your rights under this Agreement without Company's prior written permission and any attempt by you to do so shall be void.
  21. Governing Law. The laws of the State of Florida, excluding its conflicts of law rules, govern this Agreement and your use of the Application. Your use of the Application may also be subject to other local, state, national, or international laws. The parties agree that the UN Convention on Contracts for the International Sale of Goods (Vienna, 1980) shall not apply to this Agreement or to any dispute or transaction arising out of this Agreement.