Mix Universe EULA
END USER LICENSE AGREEMENT
INTRODUCTION
This End User License Agreement (“EULA”) is an agreement between you and Zuko Media LLC Music Systems, Inc. (“Zuko Media LLC” or “our” or “we” or “us”) in relation to Zuko Media LLC’s game entitled MIX UNIVERSE.
USE OF MIX UNIVERSE, INCLUDING ANY UPDATES THERETO, ANY ONLINE, NETWORK, CONNECTED AND/OR INTERNET PLAY, FUNCTIONALITY, FEATURES AND SUPPORT FOR MIX UNIVERSE, DOWNLOADS ASSOCIATED WITH MIX UNIVERSE, AND ANY ASSOCIATED PHYSICAL OR ONLINE MEDIA, MATERIALS AND DOCUMENTATION (COLLECTIVELY, THE “GAME”) IS SUBJECT TO THIS EULA. BY DOWNLOADING THE GAME, INSTALLING THE GAME, OPENING THE GAME PACKAGING OR OTHERWISE USING THE GAME, YOU ACCEPT ALL TERMS AND CONDITIONS SET OUT IN THIS EULA WITH Zuko Media LLC. IF YOU DO NOT AGREE TO THIS EULA AND YOU REJECT Zuko Media LLC’S OFFER, YOU MAY NEITHER INSTALL NOR USE THE GAME OR THE SOFTWARE (AS DEFINED BELOW). THE GAME IS LICENSED TO YOU AND NOT SOLD.
EACH TIME YOU USE THE GAME AND/OR THE SOFTWARE (INCLUDING AS IT MAY BE UPDATED, UPGRADED OR EXPANDED FROM TIME TO TIME IN Zuko Media LLC’S SOLE DISCRETION), YOU WILL BE DEEMED TO HAVE ACCEPTED THE TERMS OF THIS EULA (INCLUDING ANY AMENDMENTS OR UPDATES THAT MAY HAVE BEEN MADE FROM TIME TO TIME). ALL USE OF THE SOFTWARE AND GAME IS SUBJECT TO THIS EULA.
BY DOWNLOADING THE GAME, INSTALLING THE GAME, OPENING THE GAME PACKAGING OR OTHERWISE USING THE GAME, YOU WARRANT THAT YOU HAVE READ THIS EULA, YOU UNDERSTAND THE TERMS OF THIS EULA, ALL INFORMATION PROVIDED BY YOU TO ACCESS THE GAME AND SOFTWARE IS TRUTHFUL AND ACCURATE, AND YOU AGREE TO BE BOUND BY THIS EULA ON BEHALF OF YOURSELF AND, IF YOU ARE UNDER THE AGE OF 18, ON YOUR BEHALF BY YOUR PARENT OR LEGAL GUARDIAN.
Zuko Media LLC RESERVES THE RIGHT TO AMEND THIS EULA AT ANY TIME BY POSTING ANY AMENDMENTS AT http://www.mixuniverse.net/EULA. YOU AGREE TO CHECK SUCH WEBSITE AND REVIEW THIS EULA PERIODICALLY TO FAMILIARIZE YOURSELF WITH ANY AMENDMENTS THAT MAY OCCUR. YOUR CONTINUED USE OF THE GAME AND/OR THE SOFTWARE CONSTITUTES YOUR ACCEPTANCE OF ANY SUCH AMENDMENTS. IF YOU DO NOT ACCEPT SUCH AMENDMENTS OR ARE UNABLE TO CONTINUE TO REMAIN IN COMPLIANCE WITH THE EULA, THEN YOU MUST IMMEDIATELY STOP USING THE GAME AND THE SOFTWARE. YOU MAY TERMINATE THIS EULA IN ACCORDANCE WITH SECTION 7.
SECTION 6 DISCUSSES THE INFORMATION AND DATA COLLECTED ABOUT YOU AND YOUR ONLINE BEHAVIOR, AS WELL AS HOW IT IS SHARED BY Zuko Media LLC AND THIRD PARTIES.
APPLICATION OF THIS EULA AND ACCESS TO SOFTWARE
This EULA governs your use of Zuko Media LLC’s Game client software, any updates, upgrades and expansions that replace or supplement Zuko Media LLC’s Game client software, and all related documentation which are not distributed with a separate license (collectively, the “Software”).
This EULA does not give you any right to obtain reissues or replacements of the Software at any time; furthermore, Zuko Media LLC or any third party service provider that may operate the Game (an “Operator”) is not obliged to supply Software updates, upgrades or expansions, or even to operate or continue support the Game or Software, for an indefinite period. In the event that Zuko Media LLC supplies any Software updates, upgrades or other modifications to the Software, you agree that you may be required to install or patch the Software in the manner decided by Zuko Media LLC in its sole discretion so as to continue Game play.
To gain access to the Software, you must (a) have acquired the Software (whether on Blu-ray, DVD-ROM, CD-ROM or other physical media or by online download) by legal means, (b) have installed the Software on your device and (c) have accepted this EULA.
The Software alone does not give you the right to play the Game. You are responsible for all taxes and costs of acquiring any hardware, software, Internet connections or other products or services required to play the Game. To play the Game, you may need to enter into a separate agreement with Zuko Media LLC or with an Operator, subject to additional terms including terms of service, a privacy policy and/or a code of conduct. You may need to subscribe to an online service, and provide additional information to create an account with Zuko Media LLC and/or an Operator (an “Account”). Accounts may only be available to persons of legal age and, solely under the supervision of such persons, to any of their children under the age of majority. If you are a minor, your parents, guardians or legal caregivers must complete the registration procedure, whereby they must take all responsibility concerning the obligations set forth in this EULA. Zuko Media LLC does not guarantee that the Software can be accessed on all types of hardware or devices. Zuko Media LLC does not guarantee that the Game is available in all geographic locations.
LIMITED LICENSE GRANT AND TERMS OF USE
You acknowledge that the Software and the Game are owned by Zuko Media LLC and that they are protected by laws governing copyright, trademark, intellectual property rights and all other property rights. Under the terms of this EULA, and for purposes of your playing the Game, Zuko Media LLC grants you a personal, non-exclusive, non-transferable license (without the right to sublicense) to install and use the Software and play the Game for your personal, non-commercial use solely as set forth in this EULA, the Additional Agreements and the accompanying documentation. Your acquired rights are subject to your compliance with this EULA, including the Additional Agreements. Any commercial use is expressly prohibited. The term of this EULA and your license to use the Software and Game thereunder shall commence on the date that you install or otherwise use the Software, and shall terminate as set forth in Section 7.
Unless expressly permitted by Zuko Media LLC in writing or as required by applicable law, you are expressly prohibited from reproducing, sub-licensing, broadcasting, modifying, adapting, renting, lending, leasing, distributing, transferring or otherwise making publicly available the Software or rights to use the Software. Unless expressly permitted by Zuko Media LLC in writing, the reproduction of all or part of any hard-copy packaging or documentation included with the Software recording media is prohibited.
This Software is licensed, and not sold. You have acquired a license to the Software and your rights are subject to this EULA. Except as expressly licensed to you herein, Zuko Media LLC reserves all right, title and interest in the Software and the Game which you use the Software to play (including all characters, storyline, images, photographs, animations, video, music, text and in-game virtual property), and all associated copyrights, trademarks, and other intellectual property rights therein. The license granted under this EULA is limited to the intellectual property rights of Zuko Media LLC and its licensors in the Software, as necessary to use the Software and play the Game as permitted under this EULA, and does not include any rights to other patents or intellectual property. This EULA does not grant any rights relating to any brands or services connected with the Software or Game. Except to the extent permitted under applicable law, you may not decompile, disassemble, or reverse engineer the Software by any means whatsoever. You may not extract code from all or part of the Software, or authorize any third party to perform or to attempt to perform such operations on the Software. You may not remove, alter, or obscure any product identification, copyright, or other intellectual property notices in the Software. All rights not expressly granted herein are reserved by Zuko Media LLC.
Except as expressly permitted by Zuko Media LLC, it is strictly prohibited to use the Software to connect with or play the Game or any facsimile thereof on any servers that are not authorized by Zuko Media LLC or any Operator. In addition, you may not emulate or operate such servers or assist any third party to do so. The specific game rules, scoring rules, controls and guidelines for the Game can be found within the Software itself. Such rules, controls and guidelines form part of this EULA and you agree that you shall comply with them in respect of the Game which you choose to access and/or play. Except as expressly permitted by Zuko Media LLC, it is also strictly prohibited to use any third-party software or any other device with a view to modifying the Software in any way, intercepting or scanning Game traffic or communications, changing the way the Game plays or playing in an abnormal manner or in a way that could impair the correct operation of the Game. Such prohibited third party software or devices can include, but are not limited to, those in the nature of “addons”, “hacks”, “cheats”, “trainers”, “mods”, or the like by any name. Except as expressly permitted by Zuko Media LLC, the authorizations granted to you in accordance with this EULA may under no circumstances be used for the purpose of creating or supplying any opportunity for third parties to access the Game, including through server emulators or similar devices. Furthermore, you may not use the Software in a manner that would impose an unreasonable or disproportionate burden on the infrastructure of Zuko Media LLC or any Operator. You agree to comply with all applicable laws regarding the use of the Software and the Game.
This EULA grants you a simple license to use the Software to play the Game. You have no rights to or in the Game or its content. You expressly acknowledge that all characters created and all objects or attributes acquired and developed during Game play are an integral part of the Game and strictly remain the property of Zuko Media LLC. You further acknowledge that the Software contains, without limitation, the following: (i) graphics, sound effects, music, visual animations and text (hereafter referred to as “Content”) to which you have no property rights and no intellectual property rights, and (ii) other content, including contributions by users of the Game.
USER CONTENT
Where by applicable law you own certain copyrights over any Content created by you by using the Software and/or the Game, you assign to Zuko Media LLC all and any intellectual and industrial property rights in all and any such Content. Where such assignment is not possible, you grant to Zuko Media LLC any and all comprehensive, exclusive, perpetual, irrevocable, fully transferable and sub-licensable worldwide and assignable rights to use all Content created by you by using the Software and/or the Game immediately upon creation. These rights to use and/or utilize Content shall extend to all known forms of use and include without limitation the rights to copy, reproduce, change, adapt, modify, process, translate the Content, the rights to license and sub-license the Content to third parties, and to market, whether by way of leasing, renting, or otherwise.
You acknowledge and agree that you have, except as may be expressly permitted by Zuko Media LLC, no right to and may not sell, auction, give away, or in any way make available, whether free of charge or for a fee, any Content (including any Content generated by yourself or any other user), character/avatar, object, item or any component of the Software or Game, to another person. All of the aforementioned actions, especially those performed via online auctions, forums or chat rooms, will therefore contravene the terms of this EULA. Over and above the violation of the terms of this EULA, which will entitle Zuko Media LLC to terminate this EULA and your license to use the Software and play the Game, you acknowledge that the unauthorized trading or other distribution of Game content is detrimental to Zuko Media LLC’s image and that of the Game, and Zuko Media LLC reserves the right to seek compensation from you to the fullest extent permissible by applicable law.
To the extent that you or we make audio edits to the licensed music content incorporated herein, neither you nor we shall obtain any ownership or interest in the audio portion of any such derivative works of such licensed music content, and as between you, us and the licensor of such music content, the licensor shall retain sole ownership in any audio portion of such derivative works. The foregoing shall not apply to Zuko Media LLC’s graphical or gameplay elements, or any non-audio elements added to any licensed music content (the ownership of which shall remain with Zuko Media LLC).
VIRTUAL CURRENCY AND DIGITAL CONTENT
Zuko Media LLC may offer, for purchase, virtual coins, points or other virtual currencies (each individually or collectively referred to in this EULA as “Virtual Currency”). You may purchase Virtual Currency from us or third parties for real money if you are at least 18 years old. By purchasing or otherwise acquiring Virtual Currency, you obtain a limited license to access and select from content that Zuko Media LLC expressly makes available as part of this Game (the “Digital Content”). Virtual Currency has no monetary value and does not constitute currency or property of any type. Virtual Currency may be redeemed for Digital Content only. Virtual Currency cannot be sold or transferred, and cannot be exchanged for cash or for any other goods and services, except for the Digital Content. Virtual Currency is non-refundable and our performance of services begins promptly once your purchase of Virtual Currency is complete. You are not entitled to a refund for any unused Virtual Currency. You agree that you will only obtain Virtual Money and Digital Content from us and not from any third party.
During the term of your Virtual Currency license, you have the right to redeem Virtual Currency for selected Digital Content. Zuko Media LLC does not guarantee that any particular item offered as part of this Game will be available at all times or at any given time. Zuko Media LLC does not guarantee that we will continue to offer particular items for any particular length of time. Zuko Media LLC reserves the right to change and update our inventory of Digital Content without notice to you. Once you have redeemed Virtual Currency for Digital Content, that content is not returnable, exchangeable, or refundable for Virtual Currency or for cash, or other goods or services.
When you acquire Digital Content, you receive a limited license to use Digital Content for your personal non-commercial use with any specified permitted services that Zuko Media LLC identifies from time to time. Zuko Media LLC reserves all right, title and interest in Digital Content and all associated copyrights, trademarks, and other intellectual property rights therein. This Digital Content license is limited to the intellectual property rights of Zuko Media LLC in the Digital Content and does not include any rights to other patents or intellectual property. You may not remove, alter, or obscure any identification, copyright, or other intellectual property notices in the Digital Content.
The term of your Virtual Currency and Digital Content license starts when you acquire Virtual Currency and/or Digital Content, and subject to this EULA, ends the earlier of (1) the second anniversary of the date of purchase or award (as the context requires and applicable to each individual purchase or award) and (2) the day that your access to this Game is cancelled, suspended or terminated as set forth in this EULA. If you have not used your Virtual Currency for twenty-four (24) months or more and your account has a Virtual Currency balance, your Virtual Currency may expire and your account may be cancelled for non-use.
RESPECT FOR PRIVACY AND CONSENT TO USE OF DATA
Zuko Media LLC may collect, use, store, transmit and publicly display statistical data regarding game play (including scores, rankings and achievements), or identify content that is created and shared by you with other players. Data that personally identifies you is collected, used, stored and transmitted in accordance with our Privacy Policy located at http://www.mixuniverse.com/privacy. Zuko Media LLC reserves the right to monitor and store information that you send or receive using the Software, including maintaining a copy of that information after your cessation of the use of the Software or play of the Game. This information is collected in order to enable Zuko Media LLC to better know users and serve them, in particular as regards to the provision of services associated with the Game. Information collected about you through your use of the Software, may include, but is not limited to name, age, contact details including email address, system configuration, Game play time, micro-transactions conducted, and other data that may be collected from time to time.
TERMINATION AND AVAILABILITY
Zuko Media LLC has the right to withdraw or modify the Game (in whole or in part) and terminate this EULA at any time without liability to you for any reason, including, without limitation, technical reasons, to allow us to improve user experience, where we have legal reasons for doing so, because it no longer makes business sense for us to provide the Game or because we have altered the services we provide. There may also be times when the Game is not available for technical or maintenance related reasons, whether on a scheduled or unscheduled basis.
This EULA is effective until terminated. Zuko Media LLC may also terminate this EULA immediately without prior notice if you fail to comply or otherwise violate the terms of this EULA, infringe the intellectual property rights of any third party, or manifestly endanger public order or good moral standards as determined by us in our sole discretion.
You may terminate this EULA at any time by informing Zuko Media LLC in writing or by such means as may be implemented for such purposes by Zuko Media LLC.
Promptly upon termination, you must cease all use of the Software and destroy all copies of the Software in your possession or control. You acknowledge and agree that the termination of this EULA or permanent deletion of the Software may render your Account and any in-game attributes or Content unusable, for which you will not hold Zuko Media LLC in any way responsible.
Termination will not limit any of Zuko Media LLC’s other rights or remedies at law or in equity. Except for the rights granted to you in Sections 3 and 5 above, this EULA shall survive termination or expiration of this EULA for any reason.
WARRANTIES
This section is to be read subject to Sections 9 and 10 below. You acknowledge that, owing to the complexity of computer technology, as well as the nature of online games themselves and their play over a global communications network outside Zuko Media LLC’s control, Zuko Media LLC cannot and does not guarantee that the Software, the Game and any updates, upgrades or expansions Software will run permanently or uninterrupted on your device. Zuko Media LLC is not liable for delays or difficulties, especially of a technical nature, that are due to circumstances beyond its control. Online, network, connected and/or Internet play, functionality, features and support for the Game and the Software (“Online Services”) are provided solely on an “as is” and “as available” basis and may be modified or discontinued without notice at any time and at the sole discretion of Zuko Media LLC, without any legal, financial or other liability whatsoever. No warranty, either express or implied, is made regarding the Online Services and under no circumstances shall any refunds, rebates or other sums be owed and/or returned in connection with the modification or discontinuation of the Online Services.
DISCLAIMER OF WARRANTIES
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SOFTWARE, THE GAME AND ALL OTHER SERVICES PROVIDED BY Zuko Media LLC ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” IN ALL RESPECTS, WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. Zuko Media LLC AND Zuko Media LLC’S LICENSORS DO NOT MAKE, AND HEREBY DISCLAIM, AND YOU HEREBY IRREVOCABLY WAIVE, ALL WARRANTIES, CONDITIONS, REPRESENTATIONS AND ENDORSEMENTS OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO INFORMATION ACCESSED FROM OR VIA THE GAME (INCLUDING WITHOUT LIMITATION, ALL CONTENT AND MATERIALS, FUNCTIONS AND SERVICES PROVIDED ON OR THROUGH THE GAME, ALL OF WHICH ARE PROVIDED WITHOUT WARRANTY OF ANY KIND), INCLUDING BUT NOT LIMITED TO ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, UNINTERRUPTED ACCESS, TITLE, NON-INFRINGEMENT, MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. Zuko Media LLC DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE OR THE GAME; THAT THE SOFTWARE OR THE GAME WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE SOFTWARE OR THE GAME WILL BE UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE, OR THAT THE SOFTWARE WILL BE COMPATIBLE WITH THIRD PARTY SOFTWARE OR THAT ANY ERRORS IN THE SOFTWARE OR THE GAME WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY Zuko Media LLC, AN OPERATOR OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
Zuko Media LLC makes no warranties of any kind regarding any materials and content not owned by Zuko Media LLC, including any products or services to which you may be directed, linked or otherwise connected from the Game, and you understand and agree that we are not responsible or liable for any such content, information, products or services originating from or provided by a third party, including their availability and functionality. We do not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on or through the Game. If the Game has been authorized by us for distribution through a third party service through which you have downloaded and/or are accessing the Game, you understand and agree that: (a) in addition to this EULA between you and us, you are responsible for complying with such service provider’s terms and conditions, which are between you and such service provider, and (b) neither Zuko Media LLC nor such service provider is responsible or liable to you for the other’s products and services, including with respect to any product liability, infringement, support, maintenance, functionality or availability of the other’s products and services.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT WILL Zuko Media LLC, ITS SUBSIDIARIES OR AFFILIATES, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, BUSINESS PARTNERS, OPERATORS OR CONTENT OR SERVICE PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSSES OR CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM OR IN ANY WAY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF, THE GAME OR THE MATERIALS AND CONTENT OR FUNCTIONALITY OR FEATURES ON OR ACCESSED THROUGH THE GAME, THIS EULA, AS WELL AS ANY THIRD PARTY PRODUCTS, SERVICES, MATERIALS OR CONTENT THAT MAY BE ACCESSED ON OR THROUGH THE GAME, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES OR ANY OTHER TYPE OF DAMAGE, TANGIBLE OR INTANGIBLE IN NATURE, EVEN IF Zuko Media LLC OR SUCH OTHER PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE GAME OR THIS EULA IS TO CEASE USING THE GAME AND CANCEL ANY RELATED ACCOUNTS. UNDER NO CIRCUMSTANCES WILL THE TOTAL COMBINED LIABILITY TO YOU OF Zuko Media LLC, ITS SUBSIDIARIES, AFFILIATES AND ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, BUSINESS PARTNERS, OPERATORS OR CONTENT OR SERVICE PROVIDERS, ARISING OUT OF OR IN CONNECTION WITH THE GAME OR THIS EULA, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED THE TOTAL AMOUNT ACTUALLY PAID BY YOU TO Zuko Media LLC IN THE PRECEDING TWELVE (12) MONTHS, IF ANY, TO ACCESS OR USE THE GAME. SOME JURISDICTIONS DO NOT ALLOW THIS LIMITATION OR EXCLUSION OF LIABILITY SO SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU. EXCEPT AS REQUIRED BY APPLICABLE LAW, Zuko Media LLC SHALL NOT BE LIABLE TO YOU FOR ANY ACTS OR OMISSIONS BY AN OPERATOR.
INDEMNITY AND THIRD PARTY BENEFICIARIES
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD Zuko Media LLC, TOGETHER WITH ITS SUBSIDIARIES, AFFILIATES AND ITS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, BUSINESS PARTNERS, OPEARTORS AND CONTENT AND SERVICE PROVIDERS (“Zuko Media LLC THIRD PARTY BENEFICIARIES”), HARMLESS FROM ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES, IN ANY WAY ARISING FROM, RELATED TO OR IN CONNECTION WITH YOUR USE OF THE GAME, YOUR VIOLATION OF THE EULA OR THE ADDITIONAL AGREEMENTS, OR THE POSTING OR TRANSMISSION OF ANY MATERIALS ON OR THROUGH THE GAME BY YOU, INCLUDING, BUT NOT LIMITED TO, ANY THIRD-PARTY CLAIM THAT ANY INFORMATION OR MATERIALS YOU PROVIDE INFRINGES ANY THIRD PARTY PROPRIETARY RIGHT. YOU AGREE THAT THE Zuko Media LLC THIRD PARTY BENEFICIARIES ARE EXPRESS THIRD PARTY BENEFICIARIES OF THIS EULA AND HAVE THE RIGHT (AND ARE DEEMED TO HAVE ACCEPTED THE RIGHT) TO ENFORCE THIS EULA AGAINST YOU AS THIRD PARTY BENEFICIARIES.
INJUNCTIVE RELIEF
You agree that a breach of this EULA may cause irreparable injury to Zuko Media LLC for which monetary damages would not be an adequate remedy and Zuko Media LLC shall in such event be entitled to seek equitable relief in addition to any other remedies it may have hereunder or at law.
ENTIRE AGREEMENT
Except as specifically set forth in this EULA, this EULA constitutes the entire agreement between you and Zuko Media LLC with respect to the Software and supersedes all prior or contemporaneous understandings, either express or implicit, regarding such subject matter, provided that this EULA shall coexist with, and shall not supersede, any Additional Agreements. To the extent the terms of this EULA conflict with the Additional Agreements, the conflicting terms in the Additional Agreements will govern. No amendment to or modification of this EULA will be binding unless made in writing and signed by Zuko Media LLC. None of Zuko Media LLC’s, or any of Zuko Media LLC’s Operators, distributors, agents, or any of their respective employees are authorized to make modifications or additions to this EULA.
IN PARTICULAR, NOTHING IN THIS EULA MAY BE SUPERSEDED OR INVALIDATED BY ANY TERMS OF SERVICE OFFERED TO YOU BY AN OPERATOR FOR THE PURPOSES OF USING THE SOFTWARE TO PLAY THE GAME.
SEVERABILITY AND SURVIVAL
If any provision of this EULA is illegal or unenforceable under applicable law, the remainder of the provision shall be amended to achieve as closely as possible the effect of the original term and all other provisions of this EULA shall continue in full force and effect.
NO WAIVER
No failure to exercise, nor a delay in exercising, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of any other right hereunder. In the event of a conflict between this EULA and any applicable purchase or other terms, the terms of this EULA shall govern the relationship between you and Zuko Media LLC.