Jetset Terms of License v.1.0
By using this application, you agree to the terms of the agreement below. Persuasive Games, LLC 1170 Peachtree St. Ste. 1200 Atlanta, GA 30309 info@persuasivegames.com
PERSUASIVE GAMES SOFTWARE LICENSING AGREEMENT. PLEASE READ THIS SOFTWARE LICENSE AGREEMENT (“LICENSE”) CAREFULLY BEFORE USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THE SOFTWARE.
1. General.
The software, documentation and any fonts accompanying this License (collectively the “Persuasive Games Software”) are license, not sold to you by Persuasive Games LLC. (“Persuasive Games”) for use only under the terms of this License, and Persuasive Games reserves all rights not expressly granted to you. The terms of this License will govern any software upgrades provided by Persuasive Games that replace and/or supplement the original Persuasive Games Software product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern. Title and intellectual property rights in and to any content displayed by or accessed through the Persuasive Games Software belongs to the respective content owner. Such content may be protected by copyright or other intellectual property laws and treaties, and may be subject to terms of use of the third party providing such content. This License does not grant you any rights to use such content.
2. Permitted License Uses and Restrictions.
(a) This License is limited to a non-transferable license to use the Persuasive Games Software on any iPhone or iPod Touch that you own or control and as permitted by the “Usage Rules” set forth In the Store Terms and Conditions. You may not distribute or make the Persuasive Games Software available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Persuasive Games Software. (b) You may not copy (except as expressly permitted by this License), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Persuasive Games Software, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Persuasive Games Software). Any attempts to do so is a violation of the rights of Persuasive Games and its licensors of the Persuasive Games Software. If you breach this restriction, You may be subject to prosecution and damages.
3. Termination.
This License is effective until terminated. Your rights under this License will terminate automatically without notice from Persuasive Games if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of the Persuasive Games Software and destroy all copies, full or partial, of the Persuasive Games Software.
4. Disclaimer of Warranties.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE PERSUASIVE GAMES SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PERSUASIVE GAMES SOFTWARE IS PROVIDED “AS IS”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND PERSUASIVE GAMES AND PERSUASIVE GAMES’S LICENSORS (COLLECTIVELY REFERRED TO AS “PERSUASIVE GAMES” FOR THE PURPOSES OF SECTIONS 5 AND 6) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE PERSUASIVE GAMES SOFTWARE, EITHER EXPRESSED, IMPLIED OR STAUTORY, INCLUDING BUT NOT LIMITED TO, LOCATION SERVICES, REWARD SERVICES, COMPATABILITY WITH ONLINE SERVICES, OR THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRIGEMENT OF THIRD PARTY RIGHTS. PERSUASIVE GAMES DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE PERSUASIVE GAMES SOFTWARE, THAT THE FUNCTIONS CONTAINED IN THE PERSUASIVE GAMES SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE PERSUASIVE GAMES SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE PERSUASIVE GAMES SOFTWARE WILL BE COMPATIBLE WITH THIRD PARTY SOFTWARE, THIRD PARTY SOCIAL NETWORKS,OR THAT DEFECTS IN THE PERSUASIVE GAMES SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PERSUASIVE GAMES OR A PERSUASIVE GAMES AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE PERSUASIVE GAMES SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICES, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTEIS OR LIMITETIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
5. Limitation of Liability.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL PERSUASIVE GAMES BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE PERSUASIVE GAMES SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF PERSUASIVE GAMES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall Persuasive Games be liable for any monetary damages. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
7. Controlling Law and Severability.
This License will be governed by and construed in accordance with the laws of the State of Georgia as applied to agreements entered into and to be performed entirely within Georgia between Georgia residents. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. 8. Privacy Policy. Persuasive Games values the privacy of the users of our software. Your privacy and trust are very important to us. We recognize that you may be concerned about our collection, use, and disclosure of the personally identifiable information ("Personal Information") that we collect when you register an account ("Persuasive Games Services"). To understand how we treat the information you give us as you use Persuasive Games Software, you should read this policy. Personal Information: You can use the software without having a Persuasive Games Account. Certain other activities like recording scores, unlocking rewards, and sharing souvenirs require a Persuasive Games Account. We ask for some personal information when you create a Persuasive Games Account, including your email address, username and a password. We may record information about your device and usage, such as when you use the software, the airports you play at, and the scores you achieve. Persuasive Games does not collect information from children ages 12 or younger because only those individuals who are 13 years of age or older are permitted to register. WE WILL NEVER SELL OR SHARE YOUR INFORMATION WITH ANY OTHER THIRD PARTY, EVER.
8. Complete Agreement; Governing Language.
This License constitutes the entire agreement between the parties with respect to the use of the Persuasive Games Software licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modifications of this License will be binding unless in writing and signed by Persuasive Games.