EULA
Last updated: 27th April 2022
This End-User License Agreement (referred to as the "EULA") is a legally binding agreement between you, the Licensee, an individual customer or entity, (referred to as the "End User") and the Cloudquest Pvt. Ltd. (referred to as the "Company"), and the author of The Gaming Project (referred to as the "Software"), which may include associated media, printed materials, and online or electronic documentation. You will be referred to through second-person pronouns such as "your" and "yours." We, the Company, will be referred to with pronouns such as "us," "our," and "ours." Collectively, you and the Company may be referred to as the "Parties" and individually as "Party".
This Agreement is a legally binding contract that includes terms that limit your legal rights and our liability to you, and shall govern all access to and use of this Software. You hereby agree, without limitation or alteration, to all the terms and conditions contained herein.
By accessing, downloading, installing, or otherwise using our Software in any way, you agree to be bound by the terms and conditions outlined in this EULA. However, if the End User does not agree to the terms and conditions outlined in this EULA, the said End User may not download, install, or use the Software.
Definitions
"EULA" shall refer to this End-User-License-Agreement, including any amendment to this Agreement.
"Licensee/End User" shall refer to the individual or entity that downloads and uses the Software.
"Licensor/Company" shall refer to the company, Cloudquest Pvt. Ltd., located in New Delhi.
"Software/Licensed product" shall mean The Gaming Project, the Licensed Product provided pursuant to this EULA.
Grant of License
When you lawfully access the Software, whether through purchase or other lawful means, we grant you, subject to all of the terms and conditions of this EULA, a royalty-free, revocable, limited, non-exclusive, non-transferable personal license during the term of this EULA to possess and to use a copy of the Software ("License"). The Software is being distributed by the Company. Licensee is not allowed to make a charge for distributing this Software, either for profit or merely to recover media and distribution costs. This License may not be used for any business or commercial purposes. This License may not be transferred to any third parties without express, lawful, written permission from the Company and this License terminates upon your cessation of use of the Software.
Intellectual Property
You hereby unconditionally agree that all right, title and interest in the copyrights and other intellectual property rights related to the Licensor in the Licensed Product reside with the Licensors. The trademarks, logos, designs, and service marks appearing on the Licensed Product are registered and unregistered marks of Licensor. Accordingly, nothing in this EULA or the Licensed Product grants you any right to use any form of intellectual property contained in the Licensed Product.
Therefore, all rights, titles, interests, and copyrights in and/or to the Software, including but not limited to all images, graphics, animations, audio, video, music, text, data, code, algorithm, and information related to the Licensor, are owned by the Licensor. The Software uses libraries from the FFmpeg project under the LGPLv2.1 and the relevant owners can be found at https://ffmpeg.org. Accordingly, the Software is protected by all applicable copyright laws and international treaties, and the Licensee is expected to use the Software concerning all intellectual property contained therein, except as otherwise provided for in this EULA.
You agree that the Software, Company website and all services provided by the Company are the property of the Company, including all copyrights, trademarks, trade secrets, patents, and other intellectual property ("Company IP"). You agree that the Company owns all right, title and interest in and to the Company IP and that you will not use the Company IP for any unlawful or infringing purpose. You agree not to reproduce or distribute the Company IP in any way, including electronically or via registration of any new trademarks, trade names, service marks or Uniform Resource Locators (URLs), without express written permission from the Company.
Description of Rights and Limitations
Installation and Use: Licensee may install and use the Software on their personal device, solely for Licensee's personal use.
Reproduction and Distribution: Licensee may not duplicate or re-distribute copies of the Software, without the Licensors express written permission.
Licensee Limitation: The Licensee may not:
- Use the Licensed Product for any purpose other than personal and non-commercial purposes;
- Use the Licensed Product for any illegal or unlawful purpose;
- Gather factual content or any other portion of the Licensed product by any automated means, including but not limited to database scraping or screen scraping; or
- Reverse engineer, decompile, or disassemble Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding the limitation;
- Violate the security of the Software through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.
Additional Terms: Additional terms may be applicable to the Parties' relationship with each other, such as the Company Terms & Conditions or Terms of Use, the Company Privacy Policy, and any other such written agreements governing your relationship with us. Nothing contained herein is intended to restrict the terms of any other written agreement. Instead, all relevant documents shall be construed as broadly as possible.
Additional Licenses: The Software uses libraries from the FFmpeg project under the LGPLv2.1.
Update and Maintenance
Cloudquest Pvt. Ltd. shall provide updates and maintenance on an as-needed basis.
Support
Cloudquest Pvt. Ltd. has no obligation to Software support, or to continue providing or updating any of the Software.
Privacy Policy
This section informs you of our policies regarding the collection, use and disclosure of Personal Information we receive from the End User of the Software. We use your Personal Information only for providing and improving the Software. By using the Software, you agree to the collection and use of information in accordance with this policy.
Information Collection And Use
While using our Software, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you. Personally identifiable information may include, but is not limited to your name, address, contact information like your phone number or email id, your picture, etc ("Personal Information").
Log Data
Like many software applications, we collect information that our application sends whenever you use our Software ("Log Data"). This Log Data may include information such as your computer's Internet Protocol ("IP") address, OS type, OS version, the pages of our software that you visit, the time and date of your visit, the time spent on those pages and other statistics. In addition, we may use third party services such as Google Analytics and/or other analytics services that collect, monitor and analyze your log data so as to provide you with better service. Additionally once you have signed in, your unique user ID will be connected to your unauthenticated sessions and will also be used to track the sessions on our software in order for us to better understand our customers and serve them better.
Communications
We may use your Personal Information to contact you with newsletters, marketing or promotional materials and other information that may be useful for you while using our service.
Information Sharing
We share the sensitive personal information to any third party without obtaining the prior consent of the End User in the following limited circumstances:
- When it is requested or required by law or by any court or governmental agency or authority to disclose, for the purpose of verification of identity, or for the prevention, detection, investigation including cyber incidents, or for prosecution and punishment of offences. These disclosures are made in good faith and belief that such disclosure is reasonably necessary for enforcing these Terms; for complying with the applicable laws and regulations.
- Information is shared within the Company's organization and officers and employees of the Company for the purpose of processing personal information on its behalf. We also ensure that these recipients of such information agree to process such information based on our instructions and in compliance with this Privacy Policy and any other appropriate confidentiality and security measures.
Information Security
We take appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data. These include internal reviews of our data collection, storage and processing practices and security measures, including appropriate encryption and physical security measures to guard against unauthorized access to systems where we store personal data.
All information gathered on our Software is securely stored within our controlled database. The database is stored on servers secured behind a firewall; access to the servers is password-protected and is strictly limited. However, as effective as our security measures are, no security system is impenetrable. We cannot guarantee the security of our database, nor can we guarantee that information you supply will not be intercepted while being transmitted to us over the Internet. And, of course, any information you include in a posting to the discussion areas is available to anyone with Internet access.
However the internet is an ever evolving medium. We may change our Privacy Policy from time to time to incorporate necessary future changes. Of course, our use of any information we gather will always be consistent with the policy under which the information was collected, regardless of what the new policy may be.
General Provisions
Termination
In the event of termination, all licenses provided under this EULA shall immediately terminate, and you agree to discontinue accessing or attempting to access this Licensed product.
Accordingly, this EULA may be:
- Automatically terminated if the Licensee fails to comply with any of the terms and conditions under this EULA;
- Terminated by the Company; or
- Terminated by the Licensee.
Either the Company or the Licensee may terminate this EULA immediately upon written notice to the other party, including but not limited to electronic mail.
Non-Transferability
The Licensee has the option to permanently transfer all rights under this Agreement, provided the recipient agrees to the terms of this EULA. Accordingly, this EULA is not assignable or transferable by the Licensee without the prior written consent of the Company; and any attempt to do so shall be void.
Notice
Any notice, report, approval or consent required under this EULA shall be in writing and deemed to have been duly given if delivered by recorded delivery to the respective addresses of the parties.
Integration
Both parties hereby agree that this EULA is the entire and exclusive statement and legal acknowledgement of the mutual understanding of the parties and supersedes and cancels any previous written and oral agreement and/or communication relating to the subject matter of this EULA.
Severability
No delay or failure to exercise, on the part of either party, any privilege, power or rights under this EULA shall operate as a waiver of any of the terms and provisions of this EULA. Accordingly, no single or partial exercise of any right under this Agreement shall preclude further exercise of any other right under this EULA. Suppose any of the outlined provisions of this EULA is deemed to be unenforceable or invalid in whole or in part by a court of competent jurisdiction. In that case, such provision shall be limited to the minimum extent necessary for this EULA to remain in full force and effect and enforceable. The remaining provisions of this Agreement shall not be rendered unenforceable or invalid. They shall continue to be enforceable and valid in isolation of the unenforceable and invalid provisions of this EULA.
Warranty and Disclaimer
The Company, expressly disclaim any warranty for the Software. The Licensed Product and all applicable documentation is provided as-is, without warranty of any kind, whether express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Accordingly, the Licensee accepts any risk arising out of the use or performance of the Software.
Limited Liability
The Licensee agrees that the Company shall not be liable to the Licensee, or any other related person or entity claiming any loss of profits, income, savings, or any other consequential, incidental, special, punitive, direct or indirect damage, whether arising in contract, tort, warranty, or otherwise. Even if the Company has been advised of the possibility of such damages. These limitations shall necessarily apply regardless of the primary purpose of any limited remedy. Under no circumstances shall the Company aggregate liability to the Licensee, or any other person or entity claiming through the Licensee, exceed the actual monetary amount paid by the Licensee to the Company for the Software.
Indemnification
You hereby agree to indemnify and hold the Company harmless from and against all liabilities, damages, losses or expenses, including but not limited to reasonable attorney or other professional fees in any claim, demand, action or proceeding initiated by any third-party against the Company, arising from any of your acts, including without limitation, violating this EULA or any other agreement or any applicable law. You hereby agree to not hold the Company liable for any data loss/theft or any other damages arising from the Licensee's device being compromised.
Entire Agreement
This Agreement rightly constitutes the entire understanding between the Company and the Licensee and all parties involved. It supersedes all prior agreements of the parties, whether written or oral, express or implied, statement, condition, or a representation or warranty.
Governing Law and Jurisdiction
This EULA shall be deemed to be construed under the jurisdiction of the courts located in India, without regard to conflicts of laws as regards the provisions thereof. Any legal action relating to this EULA shall be brought exclusively in the courts of India, and all parties consent to the jurisdiction thereof. Furthermore, the prevailing party in any action to enforce this EULA shall be entitled to recover costs and expenses including, without limitation, legal fees. Accordingly, this EULA is made within the exclusive jurisdiction of the India, and its jurisdiction shall supersede any other jurisdiction of either party's election.
Changes To EULA
The Company reserves the right, at its sole discretion, to change, amend, modify, add or remove terms and conditions contained in this EULA, at any time, without further notice by posting any changes on our website (www.thegamingproject.co). Any new terms or conditions will be effective as soon as they are posted. It is your responsibility to check this EULA and the Company website periodically and you are deemed to be aware of such changes. Your continued use of the Software following the posting of such changes will constitute your acknowledgement of the modifications and your consent to abide and be bound by the modified EULA. If you do not agree to the changes, you are to cease use of the Software immediately.
Headings For Convenience Only
Headings of parts and sub-parts under this EULA are for convenience and organization, only. Headings shall not affect the meaning of any provisions of this EULA.
No Agency, Partnership Or Joint Venture
No agency, partnership, or joint venture has been created between the Parties as a result of this EULA. No Party has any authority to bind the other to third parties.
Force Majeure
The Company is not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.
Electronic Communications Permitted
Electronic communications are permitted to both Parties under this EULA, including e-mail or fax. For any questions or concerns, please email us at the following address: support@thegamingproject.co
For any further enquiries please contact us at support@thegamingproject.co
