The following terms of service and end user license agreement (“EULA”) constitute an agreement between you and Triangle Factory Bvba. This EULA governs your use of Software and Services (as specified below).
For purposes of this EULA “Software” means all software programs distributed, published or otherwise made available by Triangle Factory or its affiliates including, but not limited to mobile games, downloadable/installable games for personal computer or gaming console, and games accessed by means of a browser or other online communication method. Software also includes updates and upgrades as well as accompanying manual(s), packaging and other written, files, electronic or on-line materials or documentation, and any and all copies of such software and its materials.
“Services” means all services made available by Triangle Factory, including but not limited to services accessed through games, by means of a mobile device, gaming console, browser or by other online communication methods referred to as “Devices”.
If you do not accept the terms of this EULA, do not install, use or access any of Triangle Factory’s Services or Software. Triangle Factory reserves all rights not expressly granted to You.
Software, Services, Websites, Applications, Games and Digital Products and are collectively referred to as “Software and/or Services”.
THE SOFTWARE AND/OR SERVICES ARE LICENSED, NOT SOLD. YOUR USE OF THE SOFTWARE AND/OR SERVICES(AS SPECIFIED BELOW) ARE SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN THIS EULA. BY INSTALLING, USING OR ACCESSING TRIANGLE FACTORY SOFTWARE AND/OR SERVICES OR ANY MATERIALS INCLUDED IN OR WITH TRIANGLE FACTORY SOFTWARE AND/OR SERVICES, YOU HEREBY ACCEPT THE TERMS OF THIS EULA.
Scope of License
This license granted to You for the Software and/or Services by Triangle Factory is limited to a non-transferable license to use the Software and/or Services on any Devices You own or control. This license does not allow You to use the Software and/or Services on any Devices that You do not own or control, and You may not distribute or make the Software and/or Services 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 Software and/or Services. You may not copy (except as expressly permitted by this license and the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Software and/or Services, any updates, 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 Software and/or Services). Any attempt to do so is a violation of the rights of the Triangle Factory and its licensors. If You breach this restriction, You may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by Triangle Factory that replace and/or supplement the original Product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
Consent to Use of Data
You agree that Triangle Factory may collect and use technical data and related information, including but not limited to technical information about Your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other Software and/or Services to You (if any) related to the Software and/or Services. Triangle Factory may use this information, as long as it is in a form that does not personally identify You, to improve its products or to provide Software and/or Services or technologies to You.
Termination
The license is effective until terminated by You or Triangle Factory. Your rights under this license will terminate automatically without notice from the Triangle Factory if You fail to comply with any term(s) of this license. Upon termination of the license, You shall cease all use of the Software and/or Services, and destroy all copies, full or partial, of the Software.
Third Party Services
Third Party Materials. The Services that Triangle Factory’s offers may enable access and use of third party services and web sites (collectively and individually, “Third Party Services”). Use of the Third Party Services may require Internet access and that You accept additional terms of service.
You understand that by using any of the Third Party Services, You may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, You agree to use the Third Party Services at Your sole risk and that the Triangle Factory shall not have any liability to You for content that may be found to be offensive, indecent, or objectionable.
Certain Third Party Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the Third Party Services, You acknowledge and agree that the Triangle Factory is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. Triangle Factory does not warrant or endorse and does not assume and will not have any liability or responsibility to You or any other person for any Third Party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to You. Financial information displayed by any Third Party Services is for general informational purposes only and is not intended to be relied upon as investment advice. Before executing any securities transaction based upon information obtained through the Third Party Services, You should consult with a financial professional. Location data provided by any Third Party Services is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither Triangle Factory, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of stock information or location data displayed by any Third Party Services.
You agree that any Third Party Services can contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that You will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Third Party Services. No portion of the Third Party Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Third Party Services, in any manner, and You shall not exploit the Third Party Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the Third Party Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that Triangle Factory is not in any way responsible for any such use by You, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that You may receive as a result of using any of the Third Party Services.
In addition, Third Party Services and Third Party Materials that may be accessed from, displayed on or linked to from Devices are not available in all languages or in all countries. Triangle Factory makes no representation that such Third Party Services and Materials are appropriate or available for use in any particular location. To the extent You choose to access such Third Party Services or Materials, You do so at Your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. Triangle Factory, and its licensors, reserve the right to change, suspend, remove, or disable access to any Third Party Services at any time without notice. In no event will Triangle Factory be liable for the removal of or disabling of access to any such Third Party Services. Triangle Factory may also impose limits on the use of or access to certain Third Party Services, in any case and without notice or liability.
NO WARRANTY
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE AND/OR SERVICES 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 SOFTWARE AND/OR SERVICES AND ANY THIRD PARTY SERVICES PERFORMED OR PROVIDED BY TRIANGLE FACTORY (“SOFTWARE AND/OR SERVICES “) ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND TRIANGLE FACTORY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE AND/OR SERVICES AND ANY THIRD PARTY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. TRIANGLE FACTORY DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICES, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY TRIANGLE FACTORY WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE AND/OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE AND/OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY TRIANGLE FACTORY OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL TRIANGLE FACTORY BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, 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 SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF TRIANGLE FACTORY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Triangle Factory’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.
The Licensed Application and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
Governing law and jurisdiction
This EULA and will be governed by the laws of Belgium without reference to its choice of law rules. The courts located in Ghent, Belgium shall have exclusive jurisdiction to judge any and all discussions concerning the realization, the execution and/or termination of this agreement.
If both parties agree upon Arbitration their conflict will be submitted to Arbitration according to International Arbitration. This Arbitration shall be held in Brussels, Belgium by three arbitrators in accordance with the Rules of the I.C.C. (International Chamber of Commerce)
Questions
If you have any questions concerning this document, please contact us at privacy[at]triangle-factory.be or at Triangle Factory, Gebroeders Vandeveldestraat 107, 9000 Gent, Belgium.
