Blipsgames
Software End User License Agreement for Blipsgames Java Mobile Phone Games

This Software End User License Agreement (hereinafter refers as the “Agreement”) is between You (either an individual or an entity), the End User (hereinafter refers as “You”), and Blipsgames Ltd, its licensors, and its affiliates worldwide (hereinafter refers as “Blipsgames”). The Agreement authorizes You to use a single copy of the Games identified below You have downloaded from Blipsgames's website or servers, or sent to You by electronic mail and its file attachments, or provided to You by Blipsgames on a digital media, or You have otherwise obtained through other means, on a single mobile device primarily used by You. This is an agreement on end-user rights and not an agreement for sale. Blipsgames continues to own the copy of the Games and the physical media containing the Games and any other copy You are authorized to make pursuant to this Agreement.

1. Acceptance
1.1 By downloading, copying, installing, or use the games identified below in any other manner, You accept the terms and conditions set forth in this software end user license agreement, and for Your acceptance of the terms and conditions in this agreement, Blipsgames shall hereby grant You a fully-paid, personal, non-exclusive, non-transferable, revocable, worldwide, royalty-free, limited license, without fees to use a single copy of the Games on a single mobile device primarily used by You.

1.2 You must read this Agreement carefully. You agree that Your use of the Games acknowledges that You have read this Agreement, understand it, and agree to be bound by its terms and conditions.

2. Definitions
For the purpose of this Agreement: (a) “Blipsgames” shall collectively mean Blipsgames Ltd., its licensors and its affiliates worldwide, including all its employees, directors, shareholders, agents, contractors, and any other entity on whose behalf represent Blipsgames Ltd.; and (b) “You” shall mean you as either an individual or an entity, the End User, and (c) the “Games” shall collectively mean the software program package (hereinafter refers as “Games”) provided to You by Blipsgames, by means of Your download from Blipsgames's website or servers, or sent to You by electronic mail and its file attachments, or sent to You on a digital media by Blipsgames, or from other sources under the terms and conditions set forth below, and such software program package shall come in either or all of such form as computer code, executable binary code, data, text, music, sound, photographs, graphics, video, messages or other forms; and (d) the “Mobile Device” shall mean the mobile phone, the personal digital assistant, or any such mobile device (hereinafter refers as “Mobile Device”) primarily used by You.

3. end user rights and use
3.1 Blipsgames shall grant You a fully-paid, personal, non-exclusive, non-transferable, revocable, worldwide, royalty-free, limited license, without fees to use at any one time a single copy of the Games on a single Mobile Device primarily used by You.

3.2 You may share and/or distribute the Games provided that You distribute the Games as follows: (a) You distribute the Games without personal gain of benefit of any kind, directly or indirectly; and (b) You distribute the Games complete, unmodified and together with the Blipsgames Software End User License Agreement; and (c) You agree to defend and indemnify Blipsgames from and against any damages, cost, liabilities, settlement amounts and/or expenses (including attorney's fees) incurred in connection with any claim, lawsuit or action by any third party that arise or result from Your distribution of the Games; and (d) You distribute the Games in a manner that complies with all applicable laws in the jurisdiction in which You distribute the Games, including, but not limited to, applicable restrictions concerning copyright and other intellectual property rights. 

4. limitations on end user rights and use
4.1 You may not copy, distribute, or make derivative works of the Games except as follows: (a) You may make one copy of the Games on a digital media as an archival backup copy, provided Your archival backup copy is not installed or used on any mobile device or computer. Any other copies You make of the Games are in violation of this Agreement, except as expressly provided in clause 3.2 in this Agreement; (b) You may not use, modify, translate, reproduce, or transfer the right to use the Games, or make copies of the Games except as expressly provided in clause 3.2 in this Agreement; (c) You may not resell, sub-license, rent, lease, or lend the Games; (d) You may not resell, sub-license, rent, lease, lend or provide as a service of any kind to any individual and/or entity, a mobile device and/or devices installed with, and/or bundle with as a package or packages the Games; (e) You may not reverse engineer, reverse compile, disassemble, or otherwise attempt to discover the source code of the Games (except to the extend that this restriction is expressly prohibited by law) or create derivative works based on the Games; (f) You agree that You shall only use the Games in a manner that complies with all applicable laws in the jurisdiction in which You use the Games, including, but not limited to, applicable restrictions concerning copyright and other intellectual property rights.

4.2 You are strictly prohibited to distribute and/or share the Games complete, unmodified, and/or any part of the Games (a) with additional software intended to replace any component or components of the Games; (b) as part of a package, and/or one of the package of a series of packages, and/or one of a series and/or versions, of software; (c) as a or any part of a disruptive commercial message (“spam” and “bulk”), or as a electronic mail and/or its attachment files, on a computer and/or telecommunication network or networks; (d) on any digital media as a and/or any part of a commercial direct-mail, brochure, or any other kind of commercial communication materials; (e) on World Wide Web via (i) Your website created or own, in part or whole by You, or (ii) any online social network or networks, such as Facebook, MySpace, or the like, or (iii) any online internet and/or intranet forum; or (iv) any peer-to-peer network and/or networks (“torrent”); (f) by making the Games available for download on any wired and/or wireless, local-area and/or wide-area network or networks, or on any wired and/or wireless telecommunication network or networks; (g) by broadcasting the Games on any radio, television, computer, telecommunication, and/or any other electronic network or networks; (h) for a profit or profits, or benefit of any kind, directly or indirectly, in a commercial way; (i) to add value to a product or products, or as any part of a product or products; (j) installed on and/or copied onto a mobile device or devices, and/or computer or computers; (k) as rebate of any kind for any product by any mean; (l) as an employee/s, contractual, commission, and/or any kind of such benefit, unless You have in effect a separate valid written purchase or license agreement with Blipsgames for the Games, in which case that separate agreement governs, and in cases of conflict, prevails. 

5. Indemnity 
You agree to indemnify and hold Blipsgames and its subsidiaries, affiliates, shareholders, officers, directors, agents, licensors, suppliers, alliance members, other partners, employees and representatives harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Your distribution of the Games, Your use of the Games (including any use by You on behalf of Your employer), Your violation of the terms and conditions in this Agreement, or Your violation of any rights of another. 

6. Copyrights
The Games and all rights, without limitation including proprietary rights therein, are owned by Blipsgames and/or its licensors and affiliates, and are protected by international treaty provisions and all other applicable national laws of the country in which the Games is being used. The structure, organization, and code of the Games are the valuable trade secrets and confidential information of Blipsgames and/or its licensors and affiliates. You must not copy the Games, except as set forth in clause 3.2 (End User Rights and Use). Any Copies which You are permitted to make pursuant to this Agreement must contain the same copyright and other proprietary notices that appear on the Games, and remain the property of Blipsgames. 

7. Multiple environment software / multiple language software / dual media software / multiple copies / updates
If the Games support multiple platform or languages, if You receive the Games on multiple digital media, or if You receive multiple copies of the Games, or if You are provided with multiple copies of the Games from different sources, or if You otherwise downloaded multiple copies of the Games, the number of mobile devices on which each version of the Games is installed shall be one Mobile Device, which is primarily used by You. You are strictly prohibited to resell, rent, lease, sub-license, lend, or transfer versions or copies of the Games You do not use.

8. Commencement & termination
This Agreement is effective from the first date You download, install, copy, or begin using the Games. You may terminate this Agreement at any time by permanently deleting and destroying at Your own costs, the Games, all backup copies, and all related materials provided to You by Blipsgames, or You have otherwise obtained through other means. Your end-user rights automatically and immediately terminate without notice from Blipsgames, if You fail to comply with any provision of this Agreement. In such event, You must immediately delete or destroy at Your own cost, the Games, all backup copies, and all related material to Blipsgames permanently. 

9. Advertisements and promotions
Blipsgames runs advertisements and promotions from third parties in the Games. Your correspondence or dealing with, or participation in promotions of, advertisers other than Blipsgames found on or through the Games, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. Blipsgames is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-Blipsgames advertisers in the Games.

10. You acknowledge that the Games is provided “as is” without warranty of any kind, express or implied, and to the maximum extend permitted by applicable law neither Blipsgames, its licensors or affiliates, nor the copyright holders make any representations or warranties, express or implied, including but not limited to the warranties of merchantability or fitness for a particular purpose or that the Games will not infringe any third party patents, copyrights, trademarks, or other rights. There is no warranty by Blipsgames or by any other party that the functions contained in the Games will meet Your requirements of that the operation of the Games will be uninterrupted or error-free. You assume all responsibility and risk for the selection of the Games to achieve Your intended results and for the installation, use, and results obtained from it.

11. No other obligations
This Agreement creates no obligations on the part of Blipsgames other than as specifically set forth herein.

12. Limitation of liability
To the maximum extent permitted by applicable law, in no event shall Blipsgames, its employees or licensors or affiliates be liable for any lost profits, revenue, sales, data, or costs of procurement of substitute goods or services, property damage, personal injury, interruption of business, loss of business information, or for any special, direct, indirect, incidental, economic, cover, punitive, or consequential damages, however caused and whether arising under contract, tort, negligence, or other theory of liability arising out of the use of or inability to use the Games, even if Blipsgames or its licensors or affiliates are advised of the possibility of such damages. Nothing contained in this Agreement shall prejudice the statutory rights of any party dealing as a consumer. Nothing contained in this Agreement limits Blipsgames's liability to You in the event of death or personal injury resulting from Blipsgames's negligence. Blipsgames is acting on behalf of its employee and licensors or affiliates for the purpose of declaiming, excluding, and/or restricting obligations, warranties, and liability as provided in this clause 12, but in no other respects and for no other purpose.

13. Technical support
Blipsgames has no obligation to furnish You with technical support unless separately agreed in writing between You and Blipsgames.

14. severability 
If any provision of the Agreement is held to be unenforceable, this Agreement will remain in effect with the provision omitted, unless omission would frustrate the intent of the parties, in which case the Agreement will immediately terminate.

15. Integration
This Agreement is the entire Agreement between You and Blipsgames relating to its subject matter. It supersedes all prior or contemporaneous oral or written communications, proposals, representations and warranties and prevails over any conflicting or additional terms of any quote, order, acknowledgement, or other communication between the parties relating to its subject matter during the term of this Agreement. No modification of this Agreement will be binding, unless in writing and signed by an authorized representative of each party.

16. General terms
16.1 You agree that any material breach of Sections 3, 4, 5, 6 and 7 of this Agreement will result in irreparable harm to Blipsgames for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, Blipsgames will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if Blipsgames seeks such an injunction. 

16.2 Rights and obligations under this Agreement which by their nature should survive will remain in full effect after termination or expiration of this Agreement. 

16.3 Any express waiver or failure to exercise promptly any right under this Agreement will not create a continuing waiver or any expectation of non-enforcement. If any provision of this Agreement is held invalid by any law or regulation of any government, or by any court or arbitrator, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of this Agreement will remain in full force and effect.