This Online Game End User Access and License Agreement ("EUALA") is an agreement between you (in your individual capacity), hereafter sometimes referred to as "you," "Licensee," or "End User" and Tractor On Cloud ("We" or "us") in relation to the Tractor Card Game (the “Game”) provided by TractorCardGame.com (the “Website”). This agreement is to give you a license to use the Game as set forth in this Agreement under the conditions in this Agreement, as well as to use the additional (mandatory) services provided by the Game and the Website.
- The term "Game" means the Tractor Card Game provided by the Website and it also includes any updates or upgrades.
- The term "Consumer" means a Licensee who is a natural person who licensed the Game.
- The term."Website" refers to tractorcardgame.com.
- Ownership/Intellectual Property Rights:
- You, as Licensee, through your use of the products provided by the Website do not acquire any ownership rights to the Game. The Game is protected by intellectual property laws and treaties. The rights to use the Game as set out in this Agreement are licensed, not sold, to you by us.
- Third party trademarks, trade names, product names and logos may be the trademarks or registered trademarks of their respective owners. You may not remove or alter any trademark, trade names, product names, logo, copyright or other proprietary notices, legends, symbols or labels in the Game. This EUALA does not authorize you to use the licensors' names or any of their respective trademarks.
- As between you and us, We are the owner of all right, title and interest in and to the Game (including all copyrights, trademarks and patents) regardless of the media or form of the Game; whether online, by disk or otherwise.
- You shall not, at any time during or after the effective Term of the EAULA, dispute or contest, directly or indirectly, Tractor On Cloud's exclusive right and title to the Game or the validity thereof.
- You shall not attempt to develop any Game that contains the "look and feel" of any of the Game, or is otherwise derivative of the Game.
- License grant:
- Under the condition that:
- You may play the Game on the Website,
- You paid the applicable fees, and
- You have registered and hold valid User Account,
Tractor On Cloud grants you a personal, limited, non-exclusive license to use the Game at the Website for your personal, noncommercial use solely as set forth in this License and any accompanying documentation. Any commercial use is prohibited. The Game is for entertainment purposes only. Use of the Game for gambling purposes is strictly prohibited. You also are expressly prohibited from sublicensing, renting, leasing or otherwise distributing the Game or rights to play the Game. The term of your license shall commence on the date that you start to play the Game, and shall end on the earlier of the date that you stop playing the Game at the Website, or Tractor On Cloud's termination of this License. You may not translate, reverse engineer, decompile, disassemble, or create derivative works from the Game.
- You acknowledge and agree that the Game may use information regarding your computer, hardware, media, software and your use of the Game to validate your license rights and to update the Game.
- Under the condition that:
Any fees you may paid are for a non-exclusive license to play the Game on the Website, and shall not provide any ownership or other rights.
- Consent to Collection and Use of Data.
- During the process of registration and unlocking, updating or upgrading the Game and when technical support is provided, Tractor Card Game may collect and use technical information for improvement of the Game or for support purposes.
- We may track and collect information from your use of the Game and aggregate such data. This data is anonymous. You may decide whether or not this data to be aggregated by Tractor On Cloud.
- Tractor On Cloud knows that information about our customers is an important part of our business. We will not sell your personally identifiable information to anyone, nor would we knowingly use spyware or knowingly install spyware on users' machines.
- Personal information that You give us directly and information that we collect as specified in section b. of this article will be used for purposes such as improving our products and services, troubleshooting bugs, and otherwise to improve your user experience.
- Conduct Settings
By playing the Game you acknowledge and agree that you will not to:
- create a false identity for purposes of misleading others;
- violate the rights of others, defame, abuse, harass, threaten, spam or otherwise interfere with others’ playing the Game;
- publish, transfer or distribute any inappropriate, indecent, obscene, foul or unlawful conduct; or
- transfer, stream or otherwise make available material that contains viruses, Trojan horses, worms, time bombs, cancel bots, corrupted fines or any other similar material that may damage the device.
- Warranties and Liabilities
Use of the Website or the Game is provided "as is", with no guarantees or warranties of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose.To the fullest extent permissible by applicable law, Tractor On Cloud will not be liable to you or anyone else for any actual, consequential, special or similar damages as a result of your use of the Website or the Game.
- Termination of the License
The Licensee may terminate this EUALA at any time by not playing the Game at the Website. This EUALA will also terminate automatically upon conditions set forth elsewhere in this EUALA, or if the Licensee fails to comply with any term or condition of this EULA, without notice to the Licensee.
- Compliance with law. You must respect all applicable laws regarding the play of the Game.
- Governing Law. No matter where you reside, the laws of the State of Maryland, excluding its conflicts-of-law rules, govern this License and/or your use of the Application.
- The Licensee can only offset claims of Tractor On Cloud with undisputed or legally established counterclaims. The Licensee can only exercise a right of retention if his/her counterclaim is based on the same contractual relationship. The transfer of the Licensee's claims against Tractor On Cloud is prohibited.
- All rights not explicitly granted in this agreement are reserved.
- The failure or delay of Tractor On Cloud to exercise any of its rights under this EUALA or upon any breach of this EUALA shall not be deemed a waiver of those rights or of the breach.
- This agreement constitutes the complete and exclusive agreement between Tractor On Cloud and Licensee with respect to the subject matter hereof and supersedes all proposals, representations, understandings and prior agreements, whether oral or written, and all other related communication between the parties. All rights not explicitly granted in this agreement are reserved. Any clause in this agreement, which is found to be invalid or unenforceable shall be deemed deleted and the rest of this agreement shall remain unaffected.
- Not withstanding any provisions in this Agreement to the contrary, we agree that if Tractor On Cloud makes any future changes to this Agreement you may reject any such change by sending us written notice within 30 days of the change.