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END USER LICENSE AGREEMENT
Updated: July 19th, 2021
Vizzle - A Day at the Park (the “GAME”) is a computer game developed and operated by Code Studio LLC. In this agreement, “Code Studio LLC” or “Code Studio” means Code Studio LLC, a New Jersey, United States Limited Liability Corporation; “YOU” and “YOUR” mean the user of the computer on which the Game will be or has been installed.
PLEASE READ THIS END USER LICENSE AGREEMENT (THIS “EULA” OR “LICENSE AGREEMENT") CAREFULLY. BY DOWNLOADING THE GAME AND USING THE GAME OR INSTALLING THE GAME CLIENT SOFTWARE (THE "SOFTWARE"), YOU AGREE THAT THIS LICENSE AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN CONTRACT SIGNED BY YOU. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS LICENSE AGREEMENT, DO NOT COMPLETE THE INSTALLATION OF THE SOFTWARE. BY ENTERING INTO THIS LICENSE AGREEMENT, YOU REPRESENT THAT YOU HAVE THE LEGAL CAPACITY TO ENTER INTO A CONTRACT IN THE JURISDICTION WHERE YOU RESIDE.
THE TERMS OF THIS AGREEMENT MAY BE AMENDED, SUPPLEMENTED OR MODIFIED AT ANY TIME BY CODE STUDIO LLC. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you may terminate this Agreement. Your installation and use of any of Code Studio LLC’s updates, upgrades or modifications to the Software or your continued use of the Software following notice of changes to this Agreement, shall conclusively demonstrate your acceptance of such changes. Code Studio LLC’s may change, modify, suspend, or discontinue any aspect of the Software at any time. Code Studio LLC’s may also impose limits on certain features or restrict your access to parts or all of the Software Product without notice or liability. You have no interest, monetary or otherwise, in any feature or content contained in the Software.
1. LIMITED USE LICENSE
If you agree to this License Agreement, you may install the Software onto your computer for purposes of playing the Game by registering for and accessing a User Account (“Service”). Subject to your agreement to and continuing compliance with this License Agreement, Code Studio LLC hereby grants, and you hereby accept, a limited, non-exclusive license to (a) install the Software on one or more computers owned by you or under your legitimate control, and (b) use the Software in conjunction with the Service for your non-commercial entertainment purposes only. All use of the Software is subject to this License Agreement and to the Terms of Use Agreement (the “Terms of Use”), both of which you must accept before you can use your User Account (hereinafter referred to as “Account”) to play the Game.
2. LICENSE RESTRICTIONS AND LIMITATIONS
The limited, personal use license granted to you in Section 1 is subject to the following restrictions and limitations as well as all other terms and conditions of this Agreement (collectively, the “License Limitations”).
Vizzle - A Day at the Park and the license herein granted shall not be copied, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole or in part.
You agree that you will not, under any circumstances:
a. sell, sublicense, assign, rent, lease, or otherwise transfer the Software, except as expressly permitted by this Agreement;
b. reverse engineer, decompile, disassemble or otherwise derive source code or game data from the Software or reduce the Software to a human-readable form, except to the extent that such actions are expressly permitted by applicable law;
c. modify, translate or create derivative works based on or utilizing the Software, Service or Software experience, or any portion thereof;
d. remove or tamper with any copyright or other proprietary notices contained in or relating to the Software, Service or Game experience, or any portion thereof;
e. use cheats, automation software (bots), hacks, mods or any other unauthorized third-party software, tools or content designed to modify the Software, the Service or the Game experience;
f. exploit the Software, the Service, the Game experience or any portion thereof for any commercial purpose, including without limitation, (i) for gathering in-game currency, items or resources for sale outside the Software; or (ii) performing in-game services in exchange for payment outside the Software (e.g., account boosting, power-leveling and similar activities);
g. use any unauthorized third-party software that intercepts, “mines”, or otherwise collects information from, within or through the Software or Service, including without limitation, any software that reads areas of RAM used by the Software to store data about a character, in-game items or the Software environment; provided, however, that Code Studio LLC may, in its sole discretion, allow the use of specified third party user interfaces;
h. host, provide or develop matchmaking services for the Software or Service or intercept, emulate or redirect the communication protocols used by Code Studio LLC in any way, for any purpose, including without limitation, unauthorized play over the Internet, network play, or as part of content aggregation networks;
i. facilitate, create or maintain any unauthorized connection to the Software or Service, including without limitation, (i) any connection to any unauthorized server that emulates, or attempts to emulate, the Service; or (ii) any connection using programs or tools not expressly approved by Code Studio LLC in writing in each instance;
j. create any other software or content that incorporates the Software or Service or any portion thereof; or
k. sell, grant a security interest in or transfer reproductions of the Software to other parties in any way not expressly authorized herein, or rent, lease or license the Software to others.
3. COPYRIGHTS, TRADEMARKS AND PROPRIETARY RIGHTS
a. Vizzle - A Day at the Park and certain related names and logos are registered or unregistered trademarks, service marks and/or trade names of Code Studio LLC. These and all other trademarks, service marks and trade names used in or in connection with the Software are proprietary rights owned by Code Studio LLC Entertainment or its licensors.
b. All rights and title in and to the Software, the Game, the Service, the Site, your Account and all content included therein (including, without limitation, Accounts, computer code, titles, objects, artifacts, characters, character names, locations, location names, stories, storylines, dialogue, catch phrases, artwork, graphics, structural or landscape designs, animations, sounds, musical compositions and recordings, audio-visual works, character likenesses, and methods of operation) are owned by Code Studio LLC or its licensors. The Software may contain materials licensed by third parties, and the licensors of those materials may enforce their rights in the event of any violation of this Agreement. The Software and the Game and all content therein are protected by the United States and other international intellectual property laws. Code Studio LLC and its licensors reserve all rights in connection with the Software and the Game, including, without limitation, the exclusive right to create derivative works therefrom, and you agree that you will not create any work of authorship based on the Game except as expressly permitted by Code Studio LLC. You acknowledge and agree that you have no interest, monetary or otherwise, in any feature or content contained in the Game. You further acknowledge and agree that you shall have no ownership or other property interest in your Account, and you acknowledge and agree that all rights in and to the Account are and shall forever be owned by and inure to the benefit of Code Studio LLC.
4. PATCHES AND UPDATES
Code Studio LLC may deploy or provide patches, updates and modifications to the Game that must be installed for you to continue to play the Game. Code Studio LLC may update the Game remotely including without limitation the Game Client Software residing on the your machine, without your knowledge, and you hereby grant to Code Studio LLC your consent to deploy and apply such patches, updates, retractions and modifications.
5. TERMINATION
This License Agreement is effective until terminated. You may terminate the License Agreement at any time by (i) permanently destroying all copies of the Game in your possession or control; (ii) removing the Software from your hard drive. Code Studio LLC may terminate this Agreement at any time for any reason or no reason. Upon termination for any reason, all licenses granted herein shall immediately terminate and you must immediately and permanently destroy all copies of the Game in your possession and control and remove the Software from your hard drive.
6. WARRANTY DISCLAIMER
TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE GAME AND ALL INFORMATION, CONTENT AND SERVICES CONTAINED THEREON ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. CODE STUDIO LLC EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. USE OF THE GAME IS AT YOUR SOLE RISK.
CODE STUDIO LLC, NOR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY CONTENT OR SERVICES CONTAINED IN THE GAME, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, MAKE ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THAT THE GAME WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE GAME OR AS TO THE ACCURACY, RELIABILITY, QUALITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED ON OR THROUGH THE GAME, INCLUDING, WITHOUT LIMITATION, ALL CODE STUDIO LLC COMMUNICATION FEATURES.
7. LIMITATION OF LIABILITY
CODE STUDIO LLC SHALL NOT BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING OUT OF THE GAME OR ANY USE OF THE GAME, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES. FURTHER, CODE STUDIO LLC SHALL NOT BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE TO PLAYER CHARACTERS, VIRTUAL GOODS OR CURRENCY, ACCOUNTS, STATISTICS OR USER RANKS, OR PROFILE DATA STORED BY THE GAME AND/OR THE SERVICE. CODE STUDIO LLC SHALL NOT BE RESPONSIBLE FOR ANY INTERRUPTIONS OF SERVICE, INCLUDING, WITHOUT LIMITATION, ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES, OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE. IN NO EVENT WILL CODE STUDIO LLC BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Code Studio LLC shall be limited to the fullest extent permitted by applicable law.
8. EQUITABLE REMEDIES
You hereby agree that Code Studio LLC would be irreparably damaged if the terms of this Agreement were not specifically enforced, and therefore you agree that Code Studio LLC shall be entitled, without bond or other security or proof of damages, to appropriate equitable remedies in any court of competent jurisdiction with respect to any breach of this Agreement, which equitable remedies shall be in addition to such other remedies as Code Studio LLC may otherwise have available under applicable law. In the event any litigation is brought by either party in connection with this Agreement, the prevailing party in such litigation shall be entitled to recover from the other party all the costs, attorneys’ fees and other expenses incurred by such prevailing party in the litigation.
9. GOVERNING LAW; DISPUTE RESOLUTION
a. Negotiations - To expedite resolution and control the cost of any dispute, controversy or claim related to this License Agreement (“Dispute”), you and Code Studio LLC agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least 30 days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other. You will send your notice to Code Studio LLC by submitting a Support Ticket through Customer Support at support@CodeStudioCreation.com or alternatively by mail to 117 Minuteman Lane, Woolwich, New Jersey 08085, USA.
b. Binding Arbitration - If you and Code Studio LLC are unable to resolve a Dispute through informal negotiations, either you or Code Studio LLC may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the jurisdiction of the United States courts. This Agreement shall be governed by the law of United States applicable therein. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of the United States therefrom. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this License and not affect the validity and enforceability of any other provisions.
10. MISCELLANEOUS
This License Agreement represents the complete agreement between you and Code Studio LLC with respect to the subject matter hereof, and supersedes any prior or contemporaneous agreements between you and Code Studio LLC; provided however, that this License Agreement shall coexist with, and shall not supersede, the Terms of Use or the Privacy Policy. The Game is operated by Code Studio LLC in the United States. Those who choose to access the Game from locations outside United States do so on their own initiative and are responsible for compliance with applicable local laws. Code Studio LLC’s failure to enforce any provision of this License Agreement shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. If you have any questions concerning these terms and conditions, or if you would like to contact Code Studio LLC for any other reason, please contact Code Studio LLC through its website at support@CodeStudioCreation.com.
YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE FOREGOING END USER LICENSE AGREEMENT AND AGREE THAT BY CLICKING “I AGREE” AND/OR INSTALLING THE SOFTWARE AND PLAYING THE GAME, YOU ARE ACKNOWLEDGING YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT.
11. CONSENT OF USE OF DATA
You acknowledge that Code Studio LLC. may record, store, and access personally identifiable data pertaining to the Game recorded in any manner during your use of the Game.
Updated: July 19th, 2021
Vizzle - A Day at the Park (the “GAME”) is a computer game developed and operated by Code Studio LLC. In this agreement, “Code Studio LLC” or “Code Studio” means Code Studio LLC, a New Jersey, United States Limited Liability Corporation; “YOU” and “YOUR” mean the user of the computer on which the Game will be or has been installed.
PLEASE READ THIS END USER LICENSE AGREEMENT (THIS “EULA” OR “LICENSE AGREEMENT") CAREFULLY. BY DOWNLOADING THE GAME AND USING THE GAME OR INSTALLING THE GAME CLIENT SOFTWARE (THE "SOFTWARE"), YOU AGREE THAT THIS LICENSE AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN CONTRACT SIGNED BY YOU. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS LICENSE AGREEMENT, DO NOT COMPLETE THE INSTALLATION OF THE SOFTWARE. BY ENTERING INTO THIS LICENSE AGREEMENT, YOU REPRESENT THAT YOU HAVE THE LEGAL CAPACITY TO ENTER INTO A CONTRACT IN THE JURISDICTION WHERE YOU RESIDE.
THE TERMS OF THIS AGREEMENT MAY BE AMENDED, SUPPLEMENTED OR MODIFIED AT ANY TIME BY CODE STUDIO LLC. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you may terminate this Agreement. Your installation and use of any of Code Studio LLC’s updates, upgrades or modifications to the Software or your continued use of the Software following notice of changes to this Agreement, shall conclusively demonstrate your acceptance of such changes. Code Studio LLC’s may change, modify, suspend, or discontinue any aspect of the Software at any time. Code Studio LLC’s may also impose limits on certain features or restrict your access to parts or all of the Software Product without notice or liability. You have no interest, monetary or otherwise, in any feature or content contained in the Software.
1. LIMITED USE LICENSE
If you agree to this License Agreement, you may install the Software onto your computer for purposes of playing the Game by registering for and accessing a User Account (“Service”). Subject to your agreement to and continuing compliance with this License Agreement, Code Studio LLC hereby grants, and you hereby accept, a limited, non-exclusive license to (a) install the Software on one or more computers owned by you or under your legitimate control, and (b) use the Software in conjunction with the Service for your non-commercial entertainment purposes only. All use of the Software is subject to this License Agreement and to the Terms of Use Agreement (the “Terms of Use”), both of which you must accept before you can use your User Account (hereinafter referred to as “Account”) to play the Game.
2. LICENSE RESTRICTIONS AND LIMITATIONS
The limited, personal use license granted to you in Section 1 is subject to the following restrictions and limitations as well as all other terms and conditions of this Agreement (collectively, the “License Limitations”).
Vizzle - A Day at the Park and the license herein granted shall not be copied, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole or in part.
You agree that you will not, under any circumstances:
a. sell, sublicense, assign, rent, lease, or otherwise transfer the Software, except as expressly permitted by this Agreement;
b. reverse engineer, decompile, disassemble or otherwise derive source code or game data from the Software or reduce the Software to a human-readable form, except to the extent that such actions are expressly permitted by applicable law;
c. modify, translate or create derivative works based on or utilizing the Software, Service or Software experience, or any portion thereof;
d. remove or tamper with any copyright or other proprietary notices contained in or relating to the Software, Service or Game experience, or any portion thereof;
e. use cheats, automation software (bots), hacks, mods or any other unauthorized third-party software, tools or content designed to modify the Software, the Service or the Game experience;
f. exploit the Software, the Service, the Game experience or any portion thereof for any commercial purpose, including without limitation, (i) for gathering in-game currency, items or resources for sale outside the Software; or (ii) performing in-game services in exchange for payment outside the Software (e.g., account boosting, power-leveling and similar activities);
g. use any unauthorized third-party software that intercepts, “mines”, or otherwise collects information from, within or through the Software or Service, including without limitation, any software that reads areas of RAM used by the Software to store data about a character, in-game items or the Software environment; provided, however, that Code Studio LLC may, in its sole discretion, allow the use of specified third party user interfaces;
h. host, provide or develop matchmaking services for the Software or Service or intercept, emulate or redirect the communication protocols used by Code Studio LLC in any way, for any purpose, including without limitation, unauthorized play over the Internet, network play, or as part of content aggregation networks;
i. facilitate, create or maintain any unauthorized connection to the Software or Service, including without limitation, (i) any connection to any unauthorized server that emulates, or attempts to emulate, the Service; or (ii) any connection using programs or tools not expressly approved by Code Studio LLC in writing in each instance;
j. create any other software or content that incorporates the Software or Service or any portion thereof; or
k. sell, grant a security interest in or transfer reproductions of the Software to other parties in any way not expressly authorized herein, or rent, lease or license the Software to others.
3. COPYRIGHTS, TRADEMARKS AND PROPRIETARY RIGHTS
a. Vizzle - A Day at the Park and certain related names and logos are registered or unregistered trademarks, service marks and/or trade names of Code Studio LLC. These and all other trademarks, service marks and trade names used in or in connection with the Software are proprietary rights owned by Code Studio LLC Entertainment or its licensors.
b. All rights and title in and to the Software, the Game, the Service, the Site, your Account and all content included therein (including, without limitation, Accounts, computer code, titles, objects, artifacts, characters, character names, locations, location names, stories, storylines, dialogue, catch phrases, artwork, graphics, structural or landscape designs, animations, sounds, musical compositions and recordings, audio-visual works, character likenesses, and methods of operation) are owned by Code Studio LLC or its licensors. The Software may contain materials licensed by third parties, and the licensors of those materials may enforce their rights in the event of any violation of this Agreement. The Software and the Game and all content therein are protected by the United States and other international intellectual property laws. Code Studio LLC and its licensors reserve all rights in connection with the Software and the Game, including, without limitation, the exclusive right to create derivative works therefrom, and you agree that you will not create any work of authorship based on the Game except as expressly permitted by Code Studio LLC. You acknowledge and agree that you have no interest, monetary or otherwise, in any feature or content contained in the Game. You further acknowledge and agree that you shall have no ownership or other property interest in your Account, and you acknowledge and agree that all rights in and to the Account are and shall forever be owned by and inure to the benefit of Code Studio LLC.
4. PATCHES AND UPDATES
Code Studio LLC may deploy or provide patches, updates and modifications to the Game that must be installed for you to continue to play the Game. Code Studio LLC may update the Game remotely including without limitation the Game Client Software residing on the your machine, without your knowledge, and you hereby grant to Code Studio LLC your consent to deploy and apply such patches, updates, retractions and modifications.
5. TERMINATION
This License Agreement is effective until terminated. You may terminate the License Agreement at any time by (i) permanently destroying all copies of the Game in your possession or control; (ii) removing the Software from your hard drive. Code Studio LLC may terminate this Agreement at any time for any reason or no reason. Upon termination for any reason, all licenses granted herein shall immediately terminate and you must immediately and permanently destroy all copies of the Game in your possession and control and remove the Software from your hard drive.
6. WARRANTY DISCLAIMER
TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE GAME AND ALL INFORMATION, CONTENT AND SERVICES CONTAINED THEREON ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. CODE STUDIO LLC EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. USE OF THE GAME IS AT YOUR SOLE RISK.
CODE STUDIO LLC, NOR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY CONTENT OR SERVICES CONTAINED IN THE GAME, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, MAKE ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THAT THE GAME WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE GAME OR AS TO THE ACCURACY, RELIABILITY, QUALITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED ON OR THROUGH THE GAME, INCLUDING, WITHOUT LIMITATION, ALL CODE STUDIO LLC COMMUNICATION FEATURES.
7. LIMITATION OF LIABILITY
CODE STUDIO LLC SHALL NOT BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING OUT OF THE GAME OR ANY USE OF THE GAME, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES. FURTHER, CODE STUDIO LLC SHALL NOT BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE TO PLAYER CHARACTERS, VIRTUAL GOODS OR CURRENCY, ACCOUNTS, STATISTICS OR USER RANKS, OR PROFILE DATA STORED BY THE GAME AND/OR THE SERVICE. CODE STUDIO LLC SHALL NOT BE RESPONSIBLE FOR ANY INTERRUPTIONS OF SERVICE, INCLUDING, WITHOUT LIMITATION, ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES, OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE. IN NO EVENT WILL CODE STUDIO LLC BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Code Studio LLC shall be limited to the fullest extent permitted by applicable law.
8. EQUITABLE REMEDIES
You hereby agree that Code Studio LLC would be irreparably damaged if the terms of this Agreement were not specifically enforced, and therefore you agree that Code Studio LLC shall be entitled, without bond or other security or proof of damages, to appropriate equitable remedies in any court of competent jurisdiction with respect to any breach of this Agreement, which equitable remedies shall be in addition to such other remedies as Code Studio LLC may otherwise have available under applicable law. In the event any litigation is brought by either party in connection with this Agreement, the prevailing party in such litigation shall be entitled to recover from the other party all the costs, attorneys’ fees and other expenses incurred by such prevailing party in the litigation.
9. GOVERNING LAW; DISPUTE RESOLUTION
a. Negotiations - To expedite resolution and control the cost of any dispute, controversy or claim related to this License Agreement (“Dispute”), you and Code Studio LLC agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least 30 days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other. You will send your notice to Code Studio LLC by submitting a Support Ticket through Customer Support at support@CodeStudioCreation.com or alternatively by mail to 117 Minuteman Lane, Woolwich, New Jersey 08085, USA.
b. Binding Arbitration - If you and Code Studio LLC are unable to resolve a Dispute through informal negotiations, either you or Code Studio LLC may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the jurisdiction of the United States courts. This Agreement shall be governed by the law of United States applicable therein. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of the United States therefrom. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this License and not affect the validity and enforceability of any other provisions.
10. MISCELLANEOUS
This License Agreement represents the complete agreement between you and Code Studio LLC with respect to the subject matter hereof, and supersedes any prior or contemporaneous agreements between you and Code Studio LLC; provided however, that this License Agreement shall coexist with, and shall not supersede, the Terms of Use or the Privacy Policy. The Game is operated by Code Studio LLC in the United States. Those who choose to access the Game from locations outside United States do so on their own initiative and are responsible for compliance with applicable local laws. Code Studio LLC’s failure to enforce any provision of this License Agreement shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. If you have any questions concerning these terms and conditions, or if you would like to contact Code Studio LLC for any other reason, please contact Code Studio LLC through its website at support@CodeStudioCreation.com.
YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE FOREGOING END USER LICENSE AGREEMENT AND AGREE THAT BY CLICKING “I AGREE” AND/OR INSTALLING THE SOFTWARE AND PLAYING THE GAME, YOU ARE ACKNOWLEDGING YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT.
11. CONSENT OF USE OF DATA
You acknowledge that Code Studio LLC. may record, store, and access personally identifiable data pertaining to the Game recorded in any manner during your use of the Game.