To the extent permitted by law, the software, content and services here under are provided to you “as is" without any warranties of any kind, expressed or implied, with regard to but not limited to their quality, reliability, compatibility, security, performance, purpose, accuracy or non-infringement. You agree to assume all risks of using the software, its function and service, and not to hold Samsung responsible or any of its holdings, directors, employees, partners, or advertisers for any damages, losses, or harm, tangible or intangible, including but not limited to compensatory, consequential, punitive, incidental, or attorney’s fees arising from the use of the software, its function and service or the content or service. Samsung shall not be held responsible for any third party content or service that may access through the software nor shall Samsung be held responsible for malicious code contained on or distributed through the software by third parties. Samsung does not control or endorse the content and cannot guarantee the accuracy, integrity or quality of such content and you acknowledge that by using the service you may be exposed to content that is offensive and/or indecent. Samsung does not guarantee the continued availability of such content and service. You assume full responsibility for any damages, losses, costs, or harm arising from your use of the software and the content and service. To the extent permitted by law, Samsung disclaims all liabilities with respect to your use of the software, content and service. If any of the terms are illegal or unenforceable or there is a claim that we have breached any of these terms, it does not affect or invalidate the other terms. These rights or terms may not be waived without written consent from Samsung.
SERVICE AND END USER LICENSE AGREEMENT (“EULA”)
from: October 1st 2015.
following terms of service and end user license agreement (“EULA”) constitute
an agreement between you and SAMSUNG INSTITUTO DE DESENVOLVIMENTO PARA
A INFORMATICA DA AMAZONIA (SIDIA), CNPJ : 05.994.459/0001-71, and its
affiliates. This EULA governs your use of Software and
Services (as specified below).
For purposes of this EULA “Software” means all
software programs distributed, published or otherwise made available by SIDIA
or its affiliates including, but not limited to mobile games, downloadable/installable
games for personal computer, and games accessed by means of a browser or other
online communication method.
Software also includes updates and upgrades as well as accompanying manual(s),
packaging and other written, files, electronic or online materials or
documentation, and any and all copies of such software and its materials.
“Services” means all services made available by SIDIA, including
but not limited to services accessed through mobile games, by means of a
browser or by other online communication method.
Software and Services are collectively referred to as “SIDIA”.
SOFTWARE IS LICENSED, NOT SOLD. YOUR USE OF THE SOFTWARE (AS SPECIFIED BELOW)
IS SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN THIS EULA. BY INSTALLING,
USING OR ACCESSING THE SIDIA OR ANY MATERIALS INCLUDED IN OR WITH THE SIDIA,
YOU HEREBY ACCEPT THE TERMS OF THIS EULA.
If you do
not accept the terms of this EULA, do not install, use or access the SIDIA.
LICENSE. Subject to this EULA and its terms and conditions, SIDIA hereby grants
you a non-exclusive, non-transferable, non-sublicensable, limited right and
license to use one copy of the Software for your personal non-commercial use
for gameplay on a single computer or gaming unit, unless otherwise specified in
the Software documentation. The rights granted herein are subject to your
compliance with this EULA. The Software is being licensed to you and you hereby
acknowledge that no title or ownership in the Software is being transferred or
assigned and this EULA is not to be construed as a sale of any rights in the
LICENSE. Subject to this EULA and its terms and conditions, SIDIA hereby grants
you a non-exclusive, non-transferable, non-sublicensable, limited right and
license to use the Services as provided by SIDIA, for your personal
non-commercial use, in the manner permitted by this EULA. The rights granted
herein are subject to your compliance with this EULA.
TERM. The term of your licenses under this EULA shall commence on the date that
you accept this EULA and install or otherwise use the Software and/or Services
and ends on the earlier date of either your disposal of the Software and/or
Services or SIDIA’s termination of this EULA. Your license terminates
immediately if you attempt to circumvent any technical protection measures used
in connection with the Software and/or Services or you otherwise use the
Software and/or Services in breach of the terms of this EULA.
NO OTHER LICENSES. SIDIA retains all right, title and interest in and to the SIDIA,
including, but not limited to, all copyrights, trademarks, trade secrets, trade
names, proprietary rights, patents, titles, computer codes, audiovisual
effects, themes, characters, character names, stories, dialog, settings,
artwork, sound effects, musical works, and moral rights whether registered or
not and all applications thereof. The SIDIA are protected by applicable laws
and treaties throughout the world. Unless expressly authorized by mandatory
legislation, the SIDIA may not be copied, reproduced or distributed in any
manner or medium, in whole or in part, without prior written consent from SIDIA.
All rights not expressly granted to you herein are reserved by SIDIA.
include links to third party services and/or the third party services may be
made available to you via SIDIA. These services may include, but are not
limited to gameplay recording and sharing, social medial connectivity and the
like. These services are subject to respective third party terms and conditions.
Please study these third party terms and conditions carefully as they
constitute an agreement between you and the applicable third party service
Studio, copyright © Firelight Technologies Pty, Ltd., 2012-2016.
is hereby granted, free of charge, to any person obtaining a copy of this
software and associated documentation files (the "Software"), to deal
in the Software without restriction, including without limitation the rights to
use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies
of the Software, and to permit persons to whom the Software is furnished to do
so, subject to the following conditions:
copyright notice and this permission notice shall be included in all copies or
substantial portions of the Software.
SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS
OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE
AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY,
WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN
CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
components below are declared under MIT license:
LeanTween (Version 2.44) Copyright (c) 2017 Dented Pixel
License, Version 2.0
2.0, January 2004
CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION
shall mean the terms and conditions for use, reproduction, and distribution as
defined by Sections 1 through 9 of this document.
shall mean the copyright owner or entity authorized by the copyright owner that
is granting the License.
Entity" shall mean the union of the acting entity and all other entities
that control, are controlled by, or are under common control with that entity.
For the purposes of this definition, "control" means (i) the power,
direct or indirect, to cause the direction or management of such entity,
whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or
more of the outstanding shares, or (iii) beneficial ownership of such entity.
(or "Your") shall mean an individual or Legal Entity exercising
permissions granted by this License.
form shall mean the preferred form for making modifications, including but not
limited to software source code, documentation source, and configuration files.
form shall mean any form resulting from mechanical transformation or
translation of a Source form, including but not limited to compiled object
code, generated documentation, and conversions to other media types.
shall mean the work of authorship, whether in Source or Object form, made
available under the License, as indicated by a copyright notice that is
included in or attached to the work (an example is provided in the Appendix
Works" shall mean any work, whether in Source or Object form, that is
based on (or derived from) the Work and for which the editorial revisions,
annotations, elaborations, or other modifications represent, as a whole, an
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complies with the conditions stated in this License.
Submission of Contributions. Unless You explicitly state otherwise, any
Contribution intentionally submitted for inclusion in the Work by You to the
Licensor shall be under the terms and conditions of this License, without any
additional terms or conditions. Notwithstanding the above, nothing herein shall
supersede or modify the terms of any separate license agreement you may have
executed with Licensor regarding such Contributions.
Trademarks. This License does not grant permission to use the trade names,
trademarks, service marks, or product names of the Licensor, except as required
for reasonable and customary use in describing the origin of the Work and
reproducing the content of the NOTICE file.
Disclaimer of Warranty. Unless required by applicable law or agreed to in
writing, Licensor provides the Work (and each Contributor provides its
Contributions) on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS
OF ANY KIND, either express or implied, including, without limitation, any
warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or
FITNESS FOR A PARTICULAR PURPOSE. You are solely responsible for determining
the appropriateness of using or redistributing the Work and assume any risks
associated with Your exercise of permissions under this License.
Limitation of Liability. In no event and under no legal theory, whether in tort
(including negligence), contract, or otherwise, unless required by applicable
law (such as deliberate and grossly negligent acts) or agreed to in writing,
shall any Contributor be liable to You for damages, including any direct,
indirect, special, incidental, or consequential damages of any character
arising as a result of this License or out of the use or inability to use the Work
(including but not limited to damages for loss of goodwill, work stoppage,
computer failure or malfunction, or any and all other commercial damages or
losses), even if such Contributor has been advised of the possibility of such
Accepting Warranty or Additional Liability. While redistributing the Work or
Derivative Works thereof, You may choose to offer, and charge a fee for,
acceptance of support, warranty, indemnity, or other liability obligations
and/or rights consistent with this License. However, in accepting such
obligations, You may act only on Your own behalf and on Your sole
responsibility, not on behalf of any other Contributor, and only if You agree
to indemnify, defend, and hold each Contributor harmless for any liability
incurred by, or claims asserted against, such Contributor by reason of your
accepting any such warranty or additional liability.
TERMS AND CONDITIONS
Roboto Fonts, Copyright (c) 2008 Google Inc.
under the Apache License, Version 2.0 (the "License"); you may not
use this file except in compliance with the License. You may obtain a copy of
the License at http://www.apache.org/licenses/LICENSE-2.0
required by applicable law or agreed to in writing, software distributed under
the License is distributed on an "AS IS" BASIS, WITHOUT WARRANTIES OR
CONDITIONS OF ANY KIND, either express or implied. See the License for the
specific language governing permissions and limitations under the License.
not to: (i) commercially exploit the SIDIA; (ii) distribute, lease, license,
sell, rent, lend, convey or otherwise transfer or assign the SIDIA, any copies
thereof, or any passwords or usernames of SIDIA, without the express prior
written consent of SIDIA or as set forth in this EULA; (iii) make a copy of the
SIDIA or any part thereof, including but not limited to Software (other than as
set forth herein); (iv) make the SIDIA publicly available or available ona
network for use or download by multiple users; (v) except as otherwise
specifically provided by the SIDIA or this EULA, use or install the SIDIA (or
permit others to do same) on a network, for online use, or on more than one
computer or gaming unit at the same time; (vi) use or copy the SIDIA at a
computer gaming center or any other location-based site; provided, that SIDIA
may offer you a separate site license agreement to make the SIDIA available for
commercial use; (vii) reverse engineer, decompile, disassemble, translate,
prepare derivative works based on or otherwise modify the SIDIA, in whole or in
part; (viii) remove, obscure or modify any copyright, trademark or other
proprietary rights notices, marks or labels contained on or within the SIDIA,
falsify or delete any author attributions, legal notices or other labels of the
origin or source of the material; (ix) misrepresent the source of ownership of
the SIDIA; (x) transport, export or re-export (directly or indirectly) into any
country forbidden to receive such SIDIA by any U.S. or other export laws or
accompanying regulations or otherwise violate such laws or regulations, that
may be amended from time to time; or (xi) scrape, build databases or otherwise
create permanent copies of content returned from the SIDIA.
with regards to installable Software that was delivered on a physical storage
medium, you may transfer the entire Software and accompanying documentation on
a permanent basis to another person as long as you retain no copies (including
archival or backup copies) of the Software, accompanying documentation, or any
portion or component of the Software accompanying documentation, and the
recipient agrees to the terms of this EULA The Software is intended for private
may include measures to control access to the SIDIA Service, prevent
unauthorized copies, or otherwise attempt to prevent anyone from exceeding the
limited rights and licenses granted under this EULA. Only SIDIA subject to a
valid license can be used to access online services, and download updates and
patches. You may not interfere with such access control measures or attempt to
disable or circumvent such security features. If you disable or otherwise
tamper with the technical protection measures, the SIDIA will not function
may allow you to create content, including but not limited to gameplay maps,
screenshots or a video of your game play. In exchange for use of the SIDIA, and
to the extent that your contributions through use of the SIDIA give rise to any
copyright, design right or any other intellectual or industrial property right
you hereby grant SIDIA an exclusive, royalty-free, perpetual, irrevocable,
fully transferable and sub-licensable worldwide right and license to use your
contributions in any way and for any purpose including, but not limited to 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 and industrial property rights by applicable laws and
international conventions. If not expressly prohibited by mandatory
legislation, you hereby waive any moral rights of paternity, publication,
reputation, or attribution with respect to SIDIA’ and other players’ use and
enjoyment of such assets in connection with the SIDIA and related goods and
services under applicable law. This license grant to SIDIA, and the above
waiver of any applicable moral rights, survives any termination of this EULA.
The SIDIA may require an internet connection to access the SIDIA or its
internet-based features, authenticate the Software, or perform other functions.
In order for certain features of the SIDIA to operate properly, you may be
required to have and maintain (a) an adequate internet connection and/or (b) a
valid and active account with an online service as set forth in the
documentation related to SIDIA. By using the SIDIA, you acknowledge and agree
that third party data transfer fees may apply depending on your data plan.
Please consult your carrier for further information. If you do not maintain
such accounts, then the SIDIA or certain features of the SIDIA may not operate
or may cease to function properly, either in whole or in part.
installing, accessing or using the SIDIA, you consent to these information
collection and usage terms, including (where applicable) the transfer of data
into a country outside of the European Union and/or the European Economic Area
or the United States of America.
respects your privacy rights and recognizes the importance of protecting any
extent SIDIA collects and uses personal and non-personal information in
relation to SIDIA’ products and services. By installing, accessing or using the
SIDIA you explicitly agree with the terms and conditions of SIDIA’s Privacy
Policy and to any terms and conditions included therein by reference.
Warranty for Physical software Products
warrants to you (if you are the initial and original purchaser of the Software)
that, to the extent the Software is made available to you on a physical storage
medium, the original storage medium holding the Software is free from defects
in material and workmanship under normal use and service for 90 days from the
date of purchase. If mandatory legislation in your jurisdiction requires longer
in excess to the aforementioned 90 days, the length of the warranty is amended
accordingly. If for any reason you find a defect in the physical storage medium
during the warranty period, SIDIA agrees to replace, free of charge, any
physical storage medium and related Software discovered to be defective within
the warranty period as long as the Software is currently commercially
distributed by SIDIA. If the Software is no longer available, SIDIA retains the
right to substitute a similar piece of Software of equal or greater value. This
warranty is limited to the physical storage medium and the Software as
originally provided by SIDIA and is not applicable to normal wear and tear.
This warranty shall not be applicable and shall be void if the defect has
arisen through abuse, mistreatment, or neglect. Any implied warranties
prescribed by statute are expressly limited to the warranty period described
returning the Software subject to the limited warranty above, please send the
original Software only to the SIDIA address specified below and include: your
name and return address; a photocopy of your dated sales receipt; and a brief
note describing the defect and the system on which you are running the
5.2 No other Warranties
NOTWITHSTANDING THE ABOVEMENTIONED
WARRANTY FOR PHYSICAL STORAGE MEDIUM SPECIFIED IN SECTION 6.1 ABOVE, AND TO THE
FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SIDIA ARE 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. SIDIA’
LICENSORS AND CHANNEL PARTNERS DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL
EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF
CONDITION, UNINTERRUPTED USE, ACCURACY OF DATA (INCLUDING BUT NOT LIMITED TO
LOCATION DATA), 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. SIDIA SIDIA’ LICENSORS AND
CHANNEL PARTNERS DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE
SOFTWARE; THAT THE SIDIA WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE SIDIA
WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SIDIA WILL INTEROPERATE OR BE
COMPATIBLE WITH ANY OTHER SIDIA OR THAT ANY ERRORS IN THE SIDIA WILL BE
CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY SIDIA, SIDIA’ LICENSORS AND
CHANNEL PARTNERS 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 APPLY ONLY TO THE
FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
6. LIMITATION OF LIABILITY
IN NO EVENT WILL SIDIA SIDIA’
AFFILIATES, SIDIA’ LICENSORS OR CHANNEL PARTNERS BE LIABLE FOR SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, ACCESS, USE OR
MALFUNCTION OF THE SIDIA, INCLUDING BUT NOT LIMITED TO, DAMAGES TO PROPERTY,
LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED
BY LAW, DAMAGES FOR PERSONAL INJURIES, PROPERTY DAMAGE, LOST PROFITS OR
PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS
EULA OR THE SOFTWARE, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT,
STRICT LIABILITY OR OTHERWISE AND WHETHER OR NOT SIDIA, SIDIA’ LICENSORS OR
CHANNEL PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FOR
PURPOSES OF THIS SECTION 7, SIDIA’ LICENSORS AND CHANNEL PARTNERS ARE THIRD
PARTY BENEFICIARIES TO THE LIMITATIONS OF LIABILITY SPECIFIED HEREIN AND THEY
MAY ENFORCE THIS EULA AGAINST YOU.
BECAUSE SOME STATES/COUNTRIES DO
NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, THIS LIMITATION OF LIABILITY SHALL
APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
THIS LIMITATION OF LIABILITY SHALL NOT BE APPLICABLE SOLELY TO THE EXTENT THAT
ANY SPECIFIC PROVISION OF THIS LIMITATION OF LIABILITY IS PROHIBITED BY ANY
FEDERAL, STATE, OR MUNICIPAL LAW, WHICH CANNOT BE PRE-EMPTED. THIS EULA GIVES
YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM
JURISDICTION TO JURISDICTION.
IN NO EVENT SHALL SIDIA’,SIDIA’
AFFILIATES’, SIDIA’ LICENSORS’ OR CHANNEL PARTNERS’ LIABILITY FOR ALL DAMAGES
(EXCEPT AS REQUIRED BY APPLICABLE LAW) EXCEED THE ACTUAL PRICE PAID BY YOU FOR
USE OF THE SIDIA OR FIVE EUROS (EUR 5), WHICHEVER LESS.
TERMS AND CONDITIONS
TERMINATION: This EULA will
terminate automatically if you fail to comply with its terms and conditions. In
such event, you must destroy all copies of the Software and all of its
component parts and cease and desist from accessing any SIDIA. With regards to
Software delivered on a physical storage medium you can end this EULA by
destroying the Software and all copies and reproductions of the Software and
deleting and permanently purging the Software from any client server or
computer on which it has been installed.
EQUITABLE REMEDIES: You hereby
agree that if the terms of this EULA are not specifically observed, SIDIA will
be irreparably damaged, and therefore you agree that SIDIA shall be entitled,
without bond, other security or proof of damages, to appropriate equitable
remedies with respect to your breach of any of the terms of this EULA, in
addition to any other available remedies.
AFFILIATE: For purposes of this
EULA, an “affiliate” or SIDIA means any legal entity that is directly or
indirectly controlled by SIDIA for so long as such control lasts. Control shall
exist through direct or indirect ownership of more than 50 % of the nominal
value of the issued equity share capital or more than 50 % of the shares
entitling the holders to vote for the election of the members of the board of
directors or persons performing similar functions.
INDEMNITY: You agree to indemnify,
defend and hold SIDIA, its partners, affiliates, contractors, officers,
directors, employees and agents harmless from and against any and all damages,
losses and expenses arising directly or indirectly from: (i) your acts and
omissions to act in using the SIDIA pursuant to the terms of the EULA; or (ii)
your breach of this EULA.
MISCELLANEOUS: This EULA represents
the complete agreement concerning this license between the parties and
supersedes all prior agreements and representations between them. SIDIA
reserves the right, at its discretion, to change, modify, add or remove
portions of this EULA by posting the updated EULA on SIDIA’ website. You will
be deemed to have accepted such changes by continuing to use the SIDIA. If any
provision of this EULA is held to be unenforceable for any reason, such
provision shall be reformed only to the extent necessary to make it enforceable
and the remaining provisions of this EULA shall not be affected.
GOVERNING LAW AND DISPUTE
RESOLUTION. This EULA will be governed by the laws of Brazil without reference
to its choice of law rules. The United Nations Convention for the International
Sale of Goods shall not apply.
Any dispute, controversy or claim
arising out of or relating to this EULA or the breach, termination or validity
thereof shall be finally settled at SIDIA’ discretion (i) at your domicile’s
competent courts; or (ii) by arbitration in accordance with the Rules for
Expedited Arbitration of the Arbitration Institute of the Finland Chamber of
Commerce. The arbitration shall be conducted in Helsinki, Finland, in the
English language. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST SIDIA ONLY IN
YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY
PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
IF YOU HAVE ANY QUESTIONS
CONCERNING THIS AGREEMENT, YOU MAY CONTACT: firstname.lastname@example.org