The Three Spot Games (“Three Spot”) Arwinia software is available through store fronts such as Steam or the Apple App Store licensed, not sold, to you. Your license to Arwinia is subject to your prior acceptance of either this Licensed Application End User License Agreement (“Three Spot EULA”), or a custom end user license agreement between you and Three Spot (“Custom EULA”), if one is provided. Your license to Arwinia under this Three Spot EULA or Custom EULA is granted by Three Spot.
The Three Spot (“Licensor”) reserves all rights in and to Arwinia not expressly granted to you under this Three Spot EULA.
a. Scope of License: Three Spot grants to you a nontransferable license to use Arwinia on devices that you own or control and as permitted by the Usage Rules. The terms of this Three Spot EULA will govern any content, materials, or services accessible from or purchased within Arwinia as well as upgrades provided by Arwinia that replace or supplement the original Arwinia, unless such upgrade is accompanied by a Custom EULA. Except as provided in the Usage Rules, you may not distribute or make Arwinia available over a network where it could be used by multiple devices at the same time. You may not transfer, redistribute or sublicense Arwinia and, if you sell your device to a third party, you must remove Arwinia from the device before doing so. You may not copy (except as permitted by this license and the Usage Rules), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of Arwinia, any updates, or any part thereof (except as and only to the extent that 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 Arwinia).
b. Consent to Use of Data: You agree that Three Spot 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 services to you (if any) related to Arwinia. Three Spot may use this information, if it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.
c. Termination. This Three Spot EULA is effective until terminated by you or Three Spot. Your rights under this Thee Spot EULA will terminate automatically if you fail to comply with any of its terms.
d. External Services. Arwinia may enable access to Three Spot’s and/or third-party services and websites (collectively and individually, “External Services”). You agree to use the External Services at your sole risk. Three Spot is not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services. Data displayed by any Licensed Application or External Service, is for general informational purposes only and is not guaranteed by Three Spot or its agents. You will not use the External Services in any manner that is inconsistent with the terms of this Three Sport EULA or that infringes the intellectual property rights of Three Spot or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that Three Spot is not responsible for any such use. External Services may not be available in all languages or in your Home Country, and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. Three Spot reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you.
e. NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF ARWINIA IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ARWINIA AND ANY SERVICES PERFORMED OR PROVIDED BY THREE SPOT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND THREE SPOT HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO ARWINIA AND ANY 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 OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THREE SPOT OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD ARWINIA OR 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.
f. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL THEE SPOT 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 OF OR INABILITY TO USE ARWINIA, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF THREE SPOT 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 Three Spot’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 twenty dollars ($20.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
g. You may not use or otherwise export or re-export Arwinia except as authorized by United States law and the laws of the jurisdiction in which Arwinia was obtained. In particular, but without limitation, Arwinia 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 Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using Arwinia, 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.
h. This Agreement and the relationship between you and Three Spot shall be governed by the laws of the State of Colorado, excluding its conflicts of law provisions. You and Three Spot agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Mesa, Colorado, to resolve any dispute or claim arising from this Agreement. If (a) you are not a U.S. citizen; (b) you do not reside in the U.S.; (c) you are not accessing the Service from the U.S.; and (d) you are a citizen of one of the countries identified below, you hereby agree that any dispute or claim arising from this Agreement shall be governed by the applicable law set forth below, without regard to any conflict of law provisions, and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts located in the state, province or country identified below whose law governs:
If you are a citizen of any European Union country or Switzerland, Norway or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence.
Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods.