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Pente Live
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End User License Agreement
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Pente Live (hereafter referred to as the "App") is owned, operated, and maintained by Walied Othman (hereafter referred to as "Walied Othman") and licensed, not sold, to you. Your license to the App as obtained through the Google Play or the App Store or other online marketplace is subject to the following terms and conditions of this End User License Agreement (hereafter referred to as the "EULA"). Under this EULA, the services offered through the App are referred to as the "Services". Walied Othman reserves all rights in and to the App not expressly granted to you by this EULA. THIS EULA CONSTITUTES A BINDING AGREEMENT BETWEEN YOU THE CUSTOMER AND WALIED OTHMAN.
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1. Acceptance
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By using the App, you agree to be bound to all terms set forth in this EULA. Any use of the App by you operates as an explicit acknowledgement of these terms and indicates your conclusive acceptance of them. Please consult the Walied Othman Privacy Policy and Terms and Conditions for a description of our privacy practices and policies. Your rights under our Privacy Policy are also subject to this EULA.
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2. Apple Developer Minimum Terms
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Acknowledgment: This EULA is concluded between you and Walied Othman and not with Apple. Walied Othman, not Apple, is solely responsible for the App covered under this EULA and the content thereof. This EULA does not provide for usage rules for Licensed Applications that are in conflict with the App Store Terms of Service, as of January 2019.
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Scope of License: The license granted to you by this EULA is limited to a non-transferable license to use the App on any Apple-branded Product that you own or control where applicable and as permitted by the Usage Rules set forth in the App Store Terms of Service, except that the App may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing.
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Maintenance and Support: Walied Othman is solely responsible for providing any maintenance and support services with respect to the App, as specified in this EULA, or as required under applicable law. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
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Warranty: Walied Othman is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App to you. To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty is the sole responsibility of Walied Othman.
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Product Claims: Walied Othman, not Apple, is responsible for addressing any claims that you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
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Intellectual Property Rights: In the event of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, Walied Othman, not Apple, is solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
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Legal Compliance: you represent and warrant that (i) 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 (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
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Developer Name and Address: direct questions, complaints or claims with respect to the App to Walied Othman. Email: pentelive@submanifold.be.
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Third Party Terms of Agreement: You must comply with applicable third party terms of agreement when using the App, e.g., you must not be in violation of your wireless data service agreement.
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Third Party Beneficiary: 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 as a third party beneficiary thereof.
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3. Your Responsibilities
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You agree not to interfere or attempt to interfere with the proper working of the Services or to disrupt the operations or violate the security of the Services.
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You agree to treat other players with respect, in a civil and polite manner. What is deemed as such is determined at the sole discretion of Walied Othman.
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You agree to comply with all your responsibilities and obligations as stated in this EULA. Non-enforcement or failure of Walied Othman to act with respect to a breach by you or others of this EULA does not constitute consent or waiver, and Walied Othman reserves the right to enforce such term at its sole discretion.
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4. Maintenance
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Notwithstanding its responsibilities to you, Walied Othman will occasionally and without notice suspend Services when an emergency maintenance procedure requires such suspension or as part of the routine maintenance procedure. Whenever possible, such suspensions shall take place during low use frequency periods.
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5. No Warranty
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To the extent permitted by applicable law, Walied Othman makes no warranties, representations, claims, guarantees or conditions of any nature, expressed or implied, including fitness for a particular purpose, merchantability, title or non-infringement, with respect to the App. Walied Othman assumes no liability for any claims, damages, losses or expenses arising out of or otherwise relating to the unavailability of any App service (including any service outage), even where such unavailability occurs after installation of the App.
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6. Privacy and Confidentiality
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You agree that Walied Othman may collect your personal information, to provide the services identified in this EULA:
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As stated in our privacy policy, we merely connect your email address, record the games you play on pente.org, and the messages you send.
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7. License Termination
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Deleting the App from your device will not delete the information associated with your user account. You may terminate this EULA at any time by:
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requesting termination and deletion of your user account from Walied Othman, and;
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discontinuing any further use of Services.
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There is no way for Walied Othman to contact you following termination of your EULA.
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If you violate this EULA, permission by Walied Othman to use the Services automatically terminates. Walied Othman may, in its sole discretion, terminate this EULA and your access to the Services, at any time and for any reason, after notifying you, without penalty or liability to you or any third party. In the event of a breach of this EULA, these actions are in addition to and not in lieu or limitation of any other right or remedy that may be available to Walied Othman. Upon any termination of this EULA by either you or Walied Othman, you must promptly uninstall the App from all of your devices and destroy all materials downloaded or otherwise obtained from the Services, all Documentation, and all copies of such materials and Documentation.
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8. General
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WAIVER/MODIFICATION: Walied Othman reserves the right to modify these Terms and Conditions and will post the most current version of these Terms and Conditions at pente.org. If Walied Othman makes material changes to the Terms and Conditions, it will notify the customer. A customer's continued use of the App after Walied Othman publishes notice of changes to the Terms and Conditions indicates customer's consent to the updated Terms and Conditions.
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FORCE MAJEURE: Walied Othman will not be responsible for failing to perform under a Purchase Agreement or App License for acts of God, acts of war, natural disasters, or other similar causes beyond its reasonable control (a "Force Majeure Event").
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JURISDICTION: The validity, construction and performance of a Purchase Agreement or App License will be governed by the substantive laws of Belgium as though the Agreement or License were executed in and fully performed within the Belgium. Both parties to a Purchase Agreement or App License waive the right to a jury trial in any dispute arising out of the agreement. Both parties agree that any action concerning the Purchase Agreement or App License will be brought in a court of competent jurisdiction in Belgium and hereby consent to the exclusive personal jurisdiction of any such court.
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ASSIGNMENT: Customer may not assign or delegate their Purchase Agreement or App License or any rights and obligations hereunder to any other party without the prior written consent of Walied Othman. Ace Age may assign the Purchase Agreement and App License in their entirety without the consent of customer.
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FAILURE TO ACT: No delay or failure to act by customer in the event of a default shall be construed as a waiver of any provision of a Purchase Agreement or App License.
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SEVERABILITY: If any part, term or provision of a Purchase Agreement or App License is declared unlawful or unenforceable by a court of competent jurisdiction, the remainder of the agreement or license shall remain in full force and effect.
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