Please play this game carefully! As Miratia is played on streets and in cities of real life, therefore You must take care and keep all traffic regulations and not disturbing Your environment.
Gaming involves risk of physical injury. Miratia must be played by or played under the supervision of people at the age of 18 or over. By playing this game, You agree that You will keep all traffic regulations, and will take care of all Your surroundings, not disturbing Your environment. You play at Your own risk, all responsibility is held by You.
END-USER LICENSE AGREEMENT FOR MIRATIA
IMPORTANT PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE CONTINUING WITH THE USE OF THIS PROGRAM: Miratia End-User License Agreement ("EULA") is a legal agreement between You (either an individual or a legal entity) and ProFM Inc. - 1603 Capitol Ave. Suite 314 - 154 , 82001, Cheyenne, Wyoming, e-mail: [email protected], phone: +1 760 933 1550 - (hereinafter ProFM) for the ProFM software products associated with the Miratia game content and services, which also includes associated software components, media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT"). By installing, and using the SOFTWARE PRODUCT, You agree to be bound by the terms of this EULA. This license agreement represents the entire agreement concerning the program between You and ProFM, (referred to as "licenser"), and it supersedes any prior proposal, representation, or understanding between the parties, as well as supersedes any prior proposal, representation, understanding, agreement, or license between You and ProFM. If You do not agree to the terms of this EULA, do not install or use the SOFTWARE PRODUCT.
The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.
This product is not intended to be an on-site game with content created by ProFM and individual content developers. The game content of Miratia is verified by Miratia’s professionals, though it might contain mistakes or the playing environment might change in such way that reduces or makes impossible to play and enjoy the game contents partly or in their full content. In addition to the grants and limitations listed herein, ProFM, its employees, directors and shareholders explicitly disclaim any warranty and You assume all risk associated with the use of this software for any purpose.
1. GRANT OF LICENSE.
The SOFTWARE PRODUCT is licensed as follows: (a) Installation and Use. ProFM grants You the right to install and use copies of the SOFTWARE PRODUCT on Your mobile device or computer running a validly licensed copy of the operating system for which the SOFTWARE PRODUCT was designed [e.g., iOS, Android OS].(b) Backup Copies. You may also make copies of the SOFTWARE PRODUCT as may be necessary for backup and archival purposes.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
(a) Maintenance of Copyright Notices. You must not remove or alter any copyright notices on any and all copies of the SOFTWARE PRODUCT. (b) Distribution. You may not distribute registered copies of the SOFTWARE PRODUCT to third parties. (c) Prohibition on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. (d) Rental. You may not rent, lease, or lend the SOFTWARE PRODUCT. You might play any purchased game on the device You own or control and use Your own Miratia account. All game content that You have licensed might be played together with You by any third parties (e.g. family, friends) using Your own or controlled hardware device. (e) Support Services. ProFM may provide You with support services related to the SOFTWARE PRODUCT ("Support Services"). Any supplemental software code provided to You as part of the Support Services shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA. (f) Compliance with Applicable Laws. You must comply with all applicable laws regarding use of the SOFTWARE PRODUCT.
Without prejudice to any other rights, ProFM may terminate this EULA if You fail to comply with the terms and conditions of this EULA. In such event, You must delete and destroy all copies of the SOFTWARE PRODUCT in Your possession.
All title, including but not limited to copyrights, in and to the SOFTWARE PRODUCT and any copies thereof are owned by ProFM or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE PRODUCT is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants You no rights to use such content. All rights not expressly granted are reserved by ProFM
5. RELEASE, HOLD HARMLESS AND COVENANT NOT TO SUE.
In consideration of being provided with the software, You, for Yourself and spouse, legal representatives, heirs and assigns, hereby agree as follows:
a. You hereby voluntarily assume the risk of any and all injuries or damages that You may incur, including, but not limited to, serious bodily injury and/or death by utilizing the software; and
b. You hereby forever release and discharge ProFM, its agents, directors, employees, shareholders, legal representatives, their executors, spouses, and heirs, from any and all liabilities, claims, demands, or causes of action that You may incur during or arising out Your use of the software or information contained therein, however caused, even if caused by the negligence of ProFM or any of its agents, directors, employees, shareholders or legal representatives, to the fullest extent allowed by law; and
c. You will not sue or make a claim neither against ProFM nor against Apple (if Apple is the running hardware’s manufacturer), for damages or causes of action that You may incur during or arising out of Your use of the software, however caused, even if caused by the negligence (whether active or passive) of ProFM, to the fullest extent allowed by law; and
d. If You or Your spouse, executors, legal representatives and/or heirs violate this Agreement by filing such a suit or making such a claim, You agree to pay all attorneys’ fees, damages and costs of ProFM in defending such claim.
6. NO WARRANTIES.
ProFM expressly disclaims any warranty for the SOFTWARE PRODUCT. The SOFTWARE PRODUCT is provided 'As Is' without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, non-infringement, or fitness for a particular purpose. ProFM does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the SOFTWARE PRODUCT. ProFM makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program. ProFM further expressly disclaims any warranty or representation to Authorized Users or to any third party.
7. LIMITATION OF LIABILITY.
In no event shall ProFM, its employees, directors, or shareholders be liable for any damages (including, without limitation, lost profits, business interruption, or lost information) rising out of 'Authorized Users' use of or inability to use the SOFTWARE PRODUCT, even if ProFM has been advised of the possibility of such damages. In no event will ProFM be liable for loss of data or for indirect, special, incidental, consequential (including lost profit), or other damages based in contract, tort or otherwise. ProFM shall have no liability with respect to the content of the SOFTWARE PRODUCT or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information.
If any part, article, paragraph, sentence or clause of this Agreement is not enforceable, the affected provision shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law, and the remainder of the Agreement shall continue in full force and effect.
This Agreement contains the entire integrated Agreement between the parties hereto with respect to the matters covered herein. No variations, modifications or changes herein or hereof shall be binding upon either party hereto unless set forth in writing duly executed by both parties.
10. LEGAL COMPLIANCE:
You must represent and warrant that (a) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) You are not listed on any U.S. Government list of prohibited or restricted parties.
11. THIRD PARTY BENEFICIARY:
Both ProFM and You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this EULA, and that, both parties accept the terms and conditions of the EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce the EULA against the end-user as a third party beneficiary thereof.
12. GOVERNING LAW.
This Agreement shall be governed by and construed in accordance with the laws of Hungary. All disputes and matters whatsoever arising under, in connection with or incident to this Agreement shall be litigated, if at all, in and before a Court located in Budapest, Hungary the exclusion of the Courts of any other County, State or Country.
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