Terms of Service and End User License Agreement
Hello Kitty: World of Friends EULA Version 1.3
Applicable from: 2nd November 2015.
The following terms of service and end user license agreement (“EULA”) constitute an agreement between you and Assorted Nuts Entertainment Ltd, its clients, licensors and partners (“ANE”). ANE is a designer, developer and publisher of downloadable applications for smartphones and other devices. This EULA governs your use of Software and Services (as specified below).
For purposes of this EULA "Software" means the software program Hello Kitty: World of Friends (the “App”) for mobile smartphones and similar devices distributed, published or otherwise made available by ANE. Software also includes updates and upgrades to such App 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 ANE, including but not limited to services accessed through the App, by means of a browser or by other online communication method.
Software and Services are collectively referred to as “ANE Services”.
THE SOFTWARE IS LICENSED, NOT SOLD. YOUR USE OF THE SOFTWARE (AS SPECIFIED BELOW) IS SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN THIS EULA. BY INSTALLING, USING OR ACCESSING THE ANE SERVICES OR ANY MATERIALS INCLUDED IN OR WITH THE ANE SERVICES, YOU HEREBY ACCEPT THE TERMS OF THIS EULA AND REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY AND CAPACITY TO ENTER INTO THIS EULA. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THIS EULA, PLEASE DO NOT INSTALL, USE OR ACCESS THE ANE SERVICES OR ANY MATERIALS INCLUDED IN OR WITH THE ANE SERVICES.
SOFTWARE LICENSE. Subject to this EULA and its terms and conditions, ANE hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited right and license to use one copy of the Software for your personal non-commercial use on a single mobile device that you own or control, unless otherwise specified in the Software documentation. The rights granted herein are subject to your compliance with this EULA. The Software is being licensed to you and you hereby acknowledge that no title or ownership in the Software is being transferred or assigned and this EULA is not to be construed as a sale of any rights in the Software.
SERVICE LICENSE. Subject to this EULA and its terms and conditions, ANE hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited right and license to use the Services as provided by ANE, for your personal non-commercial use, in the manner permitted by this EULA. The rights granted herein are subject to your compliance with this EULA.
LICENSE TERM. The term of your licenses under this EULA shall commence on the date that you accept this EULA and install or otherwise use the Software and/or Services and ends on the earlier date of either your disposal of the Software and/or Services or ANE's termination of this EULA. Your license terminates immediately if you attempt to circumvent any technical protection measures used in connection with the Software and/or Services or you otherwise use the Software and/or Services in breach of the terms of this EULA.
OWNERSHIP; NO OTHER LICENSES. ANE (and its licensors where applicable) retains all right, title and interest in and to the ANE Services, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, audiovisual effects, themes, characters, character names, stories, dialog, settings, artwork, sound effects, musical works, and moral rights whether registered or not and all applications thereof. The ANE Services are protected by applicable laws and treaties throughout the World. Unless expressly authorized by mandatory legislation, the ANE Services may not be copied, reproduced or distributed in any manner or medium, in whole or in part, without prior written consent from ANE. All rights not expressly granted to you herein are reserved by ANE (and its licensors where applicable). The ANE name, logo, and the product names associated with the Software belong to ANE (or its licensors, where applicable), and no right or license is granted to use them by implication, estoppel or otherwise.
If you provide ANE any feedback or suggestions (“Feedback”), you hereby assign to ANE all rights in the Feedback and agree that ANE shall have the right to use such Feedback and related information in any manner it deems appropriate. ANE will treat any Feedback you provide to ANE as non-confidential and non-proprietary. You agree that you will not submit to ANE any information or ideas that you consider to be confidential or proprietary.
2 THIRD PARTY SERVICES
You acknowledge and agree that the availability of the Software is dependent on the third party from which you received the Software, e.g., the Apple iTunes or Android stores (“Application Store”). You acknowledge that this EULA is between you and ANE and not with the Application Store. The Application Store is not responsible for the Software, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance, or intellectual property infringement). You agree to pay all fees charged by the Application Store in connection with the Software (if any). You agree to comply with, and your license to use the Services is conditioned upon your compliance with, all applicable third party terms of agreement (e.g., the Application Store’s terms and policies) when using the Software. You acknowledge that the Application Store (and its subsidiaries) are third party beneficiaries of this EULA and will have the right to enforce this EULA.
ANE Services may include links to third party services and/or the third party services may be made available to you via ANE Services. These services may include, but are not limited to web-sites, offers, social media connectivity and the like. ANE is not responsible for and does not control these services, and provides these services only as a convenience to you. ANE has no obligation to review or monitor, and does not approve, endorse, or make any representations or warranties with respect to these services and you use all such services at your own risk. These services are subject to respective third party terms and conditions including the third party’s privacy policies. Please study these third party terms and conditions carefully as they constitute an agreement between you and the applicable third party service provider. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with these services.
You hereby irrevocably and unconditionally release and forever discharge ANE (and its suppliers) from any and all claims, demands, and rights of action, whether now known or unknown, which relates to any interactions with, or act or omission of, any third party service, other Software users, or third party services. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
3 GENERAL LICENSE CONDITIONS
You agree not to: (i) commercially exploit the ANE Services; (ii) distribute, lease, license, sell, rent, lend, convey or otherwise transfer or assign the ANE Services, any copies thereof, or any passwords or usernames of ANE Services, without the express prior written consent of ANE or as set forth in this EULA; (iii) make a copy of the ANE Services or any part thereof, including but not limited to Software (other than as set forth herein); (iv) make the ANE Services publicly available or available on a network for use or download by multiple users; (v) except as otherwise specifically provided by the ANE Services or this EULA, use or install the ANE Services (or permit others to do same) on a network, for on-line use, or on more than one mobile device at the same time; (vi) use or copy the ANE Services at a computer gaming center or any other location-based site; provided, that ANE may offer you a separate site license agreement to make the ANE Services available for commercial use; (vii) reverse engineer, decompile, disassemble, translate, prepare derivative works based on or otherwise modify the ANE Services, in whole or in part; (viii) access the ANE Services in order to build a similar or competitive service or application; (ix) copy, reproduce, distribute, republish, download, display, post or transmit in any form the ANE Services by any means (other than as set forth herein); (x) remove, obscure or modify any copyright, trademark or other proprietary rights notices, marks or labels contained on or within the ANE Services, or falsify or delete any author attributions, legal notices or other labels of the origin or source of the material; (xi) misrepresent the source of ownership of the ANE Services; (xii) transport, export or re-export (directly or indirectly) into any country forbidden to receive such ANE Services by any U.S. or other export laws or accompanying regulations or otherwise violate such laws or regulations, that may be amended from time to time; or (xiii) scrape, build databases or otherwise create permanent copies of content returned from the ANE Services.
The Software is intended for private use only.
The ANE Services may include measures to control access to the ANE Services, prevent unauthorized copies, or otherwise attempt to prevent anyone from exceeding the limited rights and licenses granted under this EULA. Only ANE Services subject to a valid license can be used to access online services, and download updates and patches. You may not interfere with such access control measures or attempt to disable or circumvent such security features. If you disable or otherwise tamper with the technical protection measures, the ANE Services will not function properly.
The ANE Services may require an internet connection to access the ANE Services or its internet-based features, authenticate the Software, or perform other functions. In order for certain features of the ANE Services to operate properly, you are required to have and maintain (a) an adequate internet connection and (b) a valid and active account with an Application Store. By using the ANE Services, you acknowledge and agree that third party data transfer fees may apply depending on your data plan. Please consult your carrier for further information. If you do not maintain such accounts, then the ANE Services or certain features of the ANE Services may not operate or may cease to function properly, either in whole or in part.
ANE makes no representation that the ANE Services are appropriate for use in locations other than the United States. You are solely responsible for compliance with all applicable laws, including without limitation export and import regulations.
ANE reserves the right, at any time, to modify, suspend, or discontinue the ANE Services or any part thereof with or without notice. You agree that ANE will not be liable to you or to any third party for any modification, suspension, or discontinuance of the ANE Services or any part thereof.
While ANE makes every effort to ensure the accuracy of the content, the Software is designed as entertainment and not a serious reference work.
Please do not rely on the accuracy of any content provided via the Software.
By installing, accessing or using the ANE Services, you consent to these information collection and usage terms, including (where applicable) the transfer of data into a country outside of the United States of America.
5 PAYMENTS AND PURCHASES OF VIRTUAL GOODS
ANE may license to you certain virtual goods (including in-App products, additional content, and other enhancements) to be used within ANE Services. Unless otherwise specified, these virtual goods shall be deemed an integral part of the Software. These virtual goods may be licensed both for a fee using “real world money” and without any separate fee, as applicable from time to time. These virtual goods may also be licensed by using third party virtual currency, or by using separate activation codes. You agree to pay the applicable fee (to ANE or the applicable distributor) for any in-App purchases you make.
Any and all virtual goods are licensed to you on limited, personal, non-transferable, non-sublicensable and revocable basis and limited only for non-commercial use.
Please note that any payment for licenses for virtual goods or redemption of third party virtual currency is always FINAL AND NON-REFUNDABLE. Also please note that if you purchase third party virtual currency from a third party, such transaction is governed by the agreement between you and such third party and ANE is not a party to the transaction.
ANE may manage, regulate, control, modify or eliminate virtual goods at any time, with or without notice. ANE shall have no liability to you or any third party in the event that ANE exercises any such rights.
SUBJECT TO MANDATORY LEGISLATION, YOU ACKNOWLEDGE THAT ANE IS NOT REQUIRED TO PROVIDE A REFUND FOR VIRTUAL GOODS FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL GOODS, WHETHER YOUR LOSS OF LICENSE UNDER THIS EULA WAS VOLUNTARY OR INVOLUNTARY.
6 DISCLAIMER/NO WARRANTIES
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE ANE SERVICES ARE PROVIDED TO YOU “AS IS,” WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. ANE, ANE’S LICENSORS AND CHANNEL PARTNERS DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, ACCURACY OF DATA (INCLUDING BUT NOT LIMITED TO LOCATION DATA), MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. ANE, ANE’S LICENSORS AND CHANNEL PARTNERS DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE; THAT THE ANE SERVICES WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE ANE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE ANE SERVICES WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER ANE SERVICES OR THAT ANY ERRORS IN THE ANE SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY ANE, ANE’S LICENSORS AND CHANNEL PARTNERS 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 APPLY ONLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
7 LIMITATION OF LIABILITY
IN NO EVENT WILL ANE, ANE’S AFFILIATES, ANE’S LICENSORS OR CHANNEL PARTNERS BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, ACCESS, USE OR MALFUNCTION OF THE ANE SERVICES, INCLUDING BUT NOT LIMITED TO, DAMAGES TO PROPERTY, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, PROPERTY DAMAGE, LOST PROFITS OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS EULA OR THE SOFTWARE, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE AND WHETHER OR NOT ANE, ANE’S LICENSORS OR CHANNEL PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FOR PURPOSES OF THIS SECTION 7, ANE’S LICENSORS AND CHANNEL PARTNERS ARE THIRD PARTY BENEFICIARIES TO THE LIMITATIONS OF LIABILITY SPECIFIED HEREIN AND THEY MAY ENFORCE THIS EULA AGAINST YOU.
BECAUSE SOME STATES/COUNTRIES DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. THIS LIMITATION OF LIABILITY SHALL NOT BE APPLICABLE SOLELY TO THE EXTENT THAT ANY SPECIFIC PROVISION OF THIS LIMITATION OF LIABILITY IS PROHIBITED BY ANY FEDERAL, STATE, OR MUNICIPAL LAW, WHICH CANNOT BE PRE-EMPTED. THIS EULA GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
IN NO EVENT SHALL ANE’S, ANE’S AFFILIATES’, ANE’S LICENSORS’ OR CHANNEL PARTNERS’ LIABILITY FOR ALL DAMAGES (EXCEPT AS REQUIRED BY APPLICABLE LAW) EXCEED THE ACTUAL PRICE PAID BY YOU FOR USE OF THE ANE SERVICES OR TWENTY US DOLLARS (US$ 20), WHICHEVER IS LESS.
8 OTHER TERMS AND CONDITIONS
TERMINATION: This EULA will terminate automatically if you fail to comply with its terms and conditions. In such event, you must destroy all copies of the Software and all of its component parts and cease and desist from accessing any ANE Services.
ANE will not have any liability whatsoever to you for any termination of this EULA, including deletion of your App account including progress or inventory. Even after this EULA is terminated, the provisions of this EULA that, by their meaning and purpose, are intended to survive termination will survive any such termination and will remain in full force and effect.
EQUITABLE REMEDIES: You hereby agree that if the terms of this EULA are not specifically observed, ANE will be irreparably damaged, and therefore you agree that ANE shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to your breach of any of the terms of this EULA, in addition to any other available remedies.
AFFILIATE: For purposes of this EULA, an “affiliate” or ANE means any legal entity that is directly or indirectly controlled by ANE for so long as such control lasts. Control shall exist through direct or indirect ownership of more than 50 % of the nominal value of the issued equity share capital or more than 50 % of the shares entitling the holders to vote for the election of the members of the board of directors or persons performing similar functions.
INDEMNITY: You agree to indemnify, defend and hold ANE, its partners, affiliates, contractors, officers, directors, employees and agents harmless from and against any and all damages, losses and expenses arising directly or indirectly from: (i) your acts and omissions to act in using the ANE Services pursuant to the terms of the EULA; or (ii) your breach of this EULA. ANE reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify ANE and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of ANE. ANE will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
HELP AND SUPPORT: ANE have provided "FAQ" pages within the Software (accessed via the "Settings" and "About" menus in the App) to provide you with the fastest and most useful support information that may be required from time to time for your full enjoyment of the Software, and will be updated periodically with the latest updates on usage or issues.
GOVERNING LAW AND DISPUTE RESOLUTION. This EULA will be governed by the Laws of the Republic of Cyprus. The United Nations Convention for the International Sale of Goods shall not apply. Except for either party’s claims of infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret, any or all disputes between you and ANE arising under or related in any way to this EULA, must be resolved through binding arbitration as described in this section. This agreement to arbitrate is intended to be interpreted broadly. It includes, but is not limited to, all claims and disputes relating to the use of the ANE Services and provides that any dispute, controversy or claim arising out of or relating to this EULA or the breach, termination or validity thereof shall be finally settled by binding arbitration governed by the appropriate Laws of the Republic of Cyprus and in particular by Arbitration Law Cap. 4 to the extent that specific provisions provided herein shall prevail, and is agreed that following the appointment of an arbitrator approved by both parties, for any claims less than €10,000, you and ANE shall abide by the following rules: (a) the arbitration shall be conducted solely based on written submissions; and (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. If the claim exceeds €10,000- the provisions of Arbitration Law Cap. 4 of the Republic of Cyprus shall apply.
The Arbitrator’s ruling shall be binding and may be entered as a judgment in any Court of competent jurisdiction. In the event this agreement to arbitrate is held unenforceable by a Court of Law, then any disputes that would otherwise have been arbitrated and, any claims on infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret, shall be exclusively brought before the Courts of the Republic of Cyprus.
YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST ANE ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
YOU AGREE THAT BY ENTERING INTO THIS EULA, YOU AND ANE AGREE TO DISPUTE RESOLUTION THROUGH BINDING ARBITRATION, EXCEPT FOR EITHER PARTY’S CLAIMS OF INFRINGEMENT OR MISAPPROPRIATION OF THE OTHER PARTY’S PATENT, COPYRIGHT, TRADEMARK OR TRADE SECRET, OR TO PARTICIPATE IN A CLASS ACTION. YOU AND ANE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR INDIVIDUAL CAPACITY, AND NOT AS A CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.
APPLE APP STORE ADDITIONAL TERMS AND CONDITIONS
The following additional terms and conditions apply to you if you are using Software from the Apple Application Store. To the extent the other terms and conditions of this EULA are less restrictive than, or otherwise conflict with, the terms and conditions of this Section, the more restrictive or conflicting terms and conditions in this Section apply, but solely with respect to Software from the Apple Application Store.
(i) Acknowledgement: ANE and you acknowledge that this EULA is concluded between ANE and you only, and not with Apple, and ANE, not Apple, is solely responsible for the Software and the content thereof. To the extent this EULA provides for usage rules for the Software that are less restrictive than the Usage Rules set forth for software in, or otherwise is in conflict with, the App Store Terms of Service, the more restrictive or conflicting provision in the App Store Terms of Service applies.
(ii) Scope of License: The license granted to you for the Software is limited to a non-transferable license to use the Software on an iOS product that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service.
(iii) No Maintenance and Support: ANE and you acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Software.
(iv) Warranty: In the event of any failure of the Software to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price for the Software to you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be ANE’s sole responsibility.
(v) Product Claims: ANE and you acknowledge that ANE, not Apple, is responsible for addressing any claims of you or any third party relating to the Software or your possession and/or use of the Software, including, but not limited to: (a) product liability claims; (b) any claim that the Software fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
(vi) Intellectual Property Rights: ANE and you acknowledge that, in the event of any third party claim that the Software or your possession and use of the Software App infringes that third party’s intellectual property rights, ANE, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
(vii) Legal Compliance: You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
(viii) Developer Name and Address: ANE’s contact information for any end-user questions, complaints or claims with respect to the Software is: email Support@AssortedNutsGames.com. Before contacting us, please note that the "FAQ" pages within the Software (accessed via the "Settings" and "About" menus in the App or online at http://www.assortedgames.com/faq) are intended to provide you with the fastest and most useful level of support that may be required for your full enjoyment of the Software, and will be updated from time to time with the latest updates on usage or issues.
(ix) Third Party Beneficiary: ANE and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this EULA, and that, upon your acceptance of the terms and conditions of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third party beneficiary thereof.
MISCELLANEOUS: This EULA represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them. ANE reserves the right, at its discretion, to change, modify, add or remove portions of this EULA by posting the updated EULA on ANE’s App support website (http://www.assortedgames.com/legal). You will be deemed to have accepted such changes by continuing to use the ANE Services. If any provision of this EULA is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the remaining provisions of this EULA shall not be affected. Our failure to exercise or enforce any right or provision of this EULA shall not operate as a waiver of such right or provision. The section titles in this EULA are for convenience only and have no legal or contractual effect. Your relationship to ANE is that of an independent contractor, and neither party is an agent or partner of the other. This EULA, and your rights and obligations herein, may not be assigned by you without ANE’s prior written consent, and any attempted assignment in violation of the foregoing will be null and void. ANE may assign this EULA in connection with a merger, acquisition, reorganization or sale of all or substantially all of its assets, or other operation of law, without your consent. The terms of this EULA shall be binding upon your heirs, successors and permitted assignees.
IF YOU HAVE ANY QUESTIONS CONCERNING THIS EULA, YOU MAY CONTACT US:
If you have any questions concerning this EULA you may contact us here:
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