This License and Copyright Agreement (the “Agreement”) is made between DevGames, a DevGames SARL corporation (“Licensor”), and the end-user (“Licensee”) of the DevGames SARL software application (the “Software”).
Grant of License. Licensor grants to Licensee a limited, non-exclusive, non-transferable license to use the Software for personal, non-commercial purposes in accordance with the terms and conditions of this Agreement.
Ownership. The Software and all intellectual property rights therein are and shall remain the sole and exclusive property of Licensor. Nothing in this Agreement shall be construed as a transfer of any rights, title, or interest in the Software, except for the limited license granted hereunder.
Restrictions. Licensee shall not: (i) modify, translate, reverse engineer, decompile, or disassemble the Software; (ii) create derivative works based upon the Software; (iii) distribute, sublicense, rent, lease, or otherwise transfer the Software to any third party; or (iv) remove or alter any proprietary notices or labels on the Software.
Termination. This Agreement and the license granted hereunder shall terminate automatically if Licensee breaches any of the terms and conditions of this Agreement. Upon termination, Licensee must immediately destroy the Software and all copies thereof.
Disclaimer of Warranties. THE SOFTWARE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
Limitation of Liability. IN NO EVENT SHALL LICENSOR BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SOFTWARE.
General Provisions. This Agreement constitutes the entire agreement between the parties and supersedes all prior negotiations, understandings, and agreements between the parties relating to the subject matter hereof. This Agreement may not be modified except in writing signed by both parties. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. This Agreement shall be governed by the laws of the State of [Your Company State].
Copyright. The Software is protected by United States copyright law and international treaty provisions. Licensee acknowledges that no title to the intellectual property in the Software is transferred to Licensee. Licensee further acknowledges that title and full ownership rights to the Software will remain the exclusive property of Licensor, and Licensee will not acquire any rights to the Software except as expressly set forth in this Agreement.
U.S. Government Restricted Rights. The Software is provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is DevGames, located at rue du cap. Bousserghine H. -ex Puissesseau, re, Grand Casablanca.