WhizzKit_EndUserLicense

8/6/2019 WhizzKit_EndUserLicense

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applicable to the Licensed Application, and that the provisions of this Agreement strictly limitaccess to the Licensed Application.

9.Use of Licensed Application. You may use the Licensed Application for the purposes ofdevelopment of digital games. You shall not copy (except as expressly permitted by thisLicense), decompile, reverse engineer, disassemble, include in other software, or translate theLicensed Application, or use the Licensed Application in any manner not authorized by this

Agreement. You shall not modify, alter, change, or otherwise make any modification to theLicensed Application or create derivative works based upon the Licensed Application. You shallnot rent, lease, resell, sublicense, assign, redistribute, export, or otherwise transfer theLicensed Application or this License. Any attempt to do so shall be void and of no effect. IfYou breach this restriction, You may be subject to prosecution and damages.

10.Ownership of Intellectual Property. WHIZZKITs logos, product names, manuals,documentation, upgrades, and other support materials are either patented, copyrighted,trademarked, constitute valuable trade secrets and/or confidential information (whether or notany portion of them may be copyrighted or patented or marked as such) or are otherwiseproprietary to WHIZZKIT. You shall not remove or obscure WHIZZKIT copyright, trademark orother proprietary notices from any of the materials contained in or with the Licensed

Application.

11.Confidential Information. The contents and source and object codes related to the LicensedApplication and the accompanying documentation represent the Confidential Information ofWHIZZKIT. If you have access to this Confidential Information, you shall retain WHIZZKITsConfidential Information in the strictest confidence and shall not disclose such ConfidentialInformation to any person, third party, agent, assign, company, machine, or other person orentity without WHIZZKITs express written consent, nor use the Confidential Information forany purposes other than authorized by this Agreement. You agree to use the ConfidentialInformation only for the purposes of this Agreement and as expressly permitted by thisAgreement; not to make copies of or store Confidential Information or any part thereof exceptas expressly permitted by this Agreement; not to reproduce and maintain on any copies of anyConfidential Information such proprietary legends or notices as are contained in or on theoriginal or as WHIZZKIT may otherwise reasonably request. If you share the LicensedApplication with any employees or independent contractors working on your project, youwarrant and represent that all such individuals have read and have agreed to be bound by this

Agreement. You consent and agree that in the event of actual or threatened breach of anyconfidentiality, disclosure or use restrictions in this Agreement, WHIZZKIT will have noadequate remedy at law and will be entitled to immediate and injunctive and other equitablerelief, without bond and without the necessity of showing actual money damages.

12.Credit. For all uses of the Licensed Application, you shall provide a credit to WHIZZKIT,including the name of the specific prefab application that you used for your game. Suchcredits shall appear on the game itself and on websites advertising the game, and shall bevisible to the user.

13. Access to Services. The Licensed Application may enable access to WHIZZKIT website. Useof such services may require Internet access and that You accept additional terms of service.

14.Access to the Internet. You understand and acknowledge that the transmission of data orinformation over the Internet or other publicly accessible networks is not secure, and issubject to possible loss, interception or alteration while in transit. Accordingly, WHIZZKIT does

not assume any liability for any damage you may experience or costs you may incur as aresult of any transmissions over the Internet or other publicly accessible networks.

15.Compliance with Applicable Laws. To the extent you choose to access the LicensedApplication, you do so at your own initiative and are responsible for compliance with anyapplicable laws and regulations.


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16.NO WARRANTY. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSEDAPPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORYQUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT

PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICESPERFORMED OR PROVIDED BY THE LICENSED APPLICATION ("SERVICES") ARE PROVIDED"AS IS" AND AS AVAILABLE, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND,AND WHIZZKIT HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO

THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED ORSTATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/ORCONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR APARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OFTHIRD PARTY RIGHTS. WHIZZKIT DOES NOT WARRANT AGAINST INTERFERENCE WITH YOURENJOYMENT OF THE LICENSED APPLICATION, THAT THE FUNCTIONS CONTAINED IN, ORSERVICES PERFORMED OR PROVIDED BY, THE LICENSED APPLICATION WILL MEET YOURREQUIREMENTS, THAT THE OPERATION OF THE LICENSED APPLICATION OR SERVICES WILLBE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED APPLICATION ORSERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BYWHIZZKIT OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THELICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST

OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOTALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE

STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAYNOT APPLY TO YOU.

17.LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENTSHALL WHIZZKIT 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 OTHERCOMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE ORINABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THETHEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF WHIZZKIT HAS BEENADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOWTHE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL ORCONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENTSHALL WHIZZKIT TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE

REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THEAMOUNT OF FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IFTHE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

18.Export Restrictions. You may not use or otherwise export or re-export the LicensedApplication except as authorized by United States law and the laws of the jurisdiction in whichthe Licensed Application was obtained.

19.Commercial Items. The Licensed Application and related documentation are "CommercialItems", as that term is defined at 48 C.F.R. 2.101, consisting of "Commercial ComputerLicensed Application" and "Commercial Computer Licensed Application Documentation", assuch terms are used in 48 C.F.R. 12.212 or 48 C.F.R. 227.7202, as applicable. Consistentwith 48 C.F.R. 12.212 or 48 C.F.R. 227.7202-1 through 227.7202-4, as applicable, theCommercial Computer Licensed Application and Commercial Computer Licensed ApplicationDocumentation are being licensed to non-U.S. Government end users (a) only as CommercialItems 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 theUnited States.

20.Location of End User. You represent and warrant that (i) you are not located in a countrythat 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.


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Contact Name: Efraim Meulenberg, co-founder at WhizzKit, v.o.f.Email Address: [email protected]
http://www.unityprefabs.com/http://www.unityprefabs.com/mailto:[email protected]:[email protected]

Documents

WhizzKit_EndUserLicense