DZ Deathrays' Dive Bar Superstar - End User Licence Agreement
Welcome to DZ Deathrays' Dive Bar Superstar ("DBS")!
The following outlines the terms of this End User Licence Agreement (" EULA"). So if You download or use DBS in any manner whatsoever, the rules of the EULA will apply between DZ Worldwide Pty Ltd ABN 94 652 865 944 ("DZWW"), owner of DBS, and you, the end user ("You").
In purchasing DBS (whether for free or payment), You agree to only use DBS in accordance with the terms set out below, including the specific Licence rights and limitations that apply to Your purchase. It is important to read and understand this EULA and the Licence terms, as downloading DBS forms a legally binding agreement between You and DZWW.
Specifically, this EULA defines Your rights, the acceptable uses of DBS, the prohibited uses of DBS, and the rights DZWW reserves. If You believe Your usage or need is not addressed, or if You are unsure of the meaning of any term or condition, please contact us via the details set out in clause 10 before downloading any DBS. If You do not agree to this EULA, then do not proceed to purchase, download or use the DBS in any manner whatsoever.
Upon your purchase of DBS, DZWW agrees to grant You a licence or licences to use DBS on the terms of this EULA. By agreeing to these terms, you agree and acknowledge that the Licence granted to You:
i. is not exclusive to You,
ii. may not be transferred by You to any third party, and
iii. can be terminated by DZWW should You breach any of the terms of this EULA or the Licence Terms.
1. Definitions
To help you understand this EULA, we have defined some terms that we will frequently refer to:
DBS means the game application titled "DZ Deathrays' Dive Bar Superstar".
Intellectual Property Rights means rights (whether registered or not and whether protected by statute or not and whether or not secret or confidential) owned and/or controlled by DZWW in relation to any invention and improvement, discovery, patent, copyright, trade mark (including service mark), design, circuit layout, trade secret or trade dress and get up, domain name, software, source code, process, technical or business information or records, and know-how.
Licence means the licence terms and restrictions for purchase, use, and download of DBS detailed in this EULA.
Website means any website owned and/or controlled by DZWW including but not limited to dzdeathrays.com.
You, Your and the End User are defined as and refer to a customer who has purchased a Licence to use the DBS pursuant to this EULA. An End User expressly excludes any distributor, reseller, dealer, sub-licensee, original equipment manufacturer, or other wholesale buyer, etc.
2. Intellectual Property Rights
You expressly acknowledge and agree that DZWW owns any and all Intellectual Property Rights, including without limitation Intellectual Property rights in DBS and the Website. For the avoidance of doubt, nothing in this EULA transfers title to nor ownership of any DZWW's Intellectual Property Rights to You.
3. General Licence Restrictions
a. No Copying or Reverse Engineering: You may not copy or reverse engineer the DBS in any way, including by manual or automated means.
b. No Modifications: You will not, and will not permit anyone else to, modify, adapt, translate, reformat, create a derivative work of, reverse engineer, decompile, disassemble or alter any part or whole of DBS.
c. No Transfer: You may not share, transfer, license, sublicense, rent, lend, commercialise, offer for sale, sell, or monetise DBS.
d. Lawful Purpose: You shall not use, or allow to be used, the DBS for any unlawful purpose or in any unlawful manner.
4. Warranties, Limitations, and Indemnity
a. DBS is provided 'AS IS" without warranty of any kind, either express or implied, including but not limited to implied warranties of non-infringement, merchantability, or fitness for a particular purpose.
b. To the fullest extent permitted by law, DZWW excludes:
i. all liability in respect of loss of data, or any consequential or incidental damages to Your computer system and network for any damage caused by using DBS or any third-party links included in DBS, including any damages resulting from computer viruses; and
ii. all representations, warranties or terms (whether express or implied) other than those expressly set out in this EULA.
c. Subject to You providing evidence of the purchase of an DBS' Licence, if any legislation operates to prohibit or restrict the exclusion, restriction or modification of any implied warranties, conditions or obligations, then to the full extent permitted by law, DZWW limits its liability in respect of any such claim to, at its option:
i. to the replacement of the goods or the supply of equivalent goods;
ii. to the repair of the goods;
iii. to the payment of the cost of repairing the goods, or replacing the goods or of acquiring equivalent goods.
d. You will indemnify and hold DZWW, its subsidiaries, directors, officers, employees, contractors, agents, Related Bodies Corporate (as defined by the Corporations Act 2001) and licensors harmless from any loss, damage, proceeding and cost (including all reasonable legal costs), whether in contract, tort, under statute or otherwise, directly or indirectly as a result of Your use of the DBS or DZWW products and services, Your breach of this EULA, or Your violation of any applicable law or the rights of any third party.
5. Termination
Any breach of the terms of this EULA shall be cause for immediate termination of your Licence without DZWW needing to provide notice or opportunity to cure your breach. DZWW shall be entitled to seek any and all remedies under law or equity, without limitation, including injunctive relief. Upon termination, You agree to immediately discontinue using and delete the DBS and certify that no copy remains in Your possession or control.
6. Choice of Law
This EULA shall be governed by the laws of the State of Queensland and the parties hereby submit to the jurisdiction of the courts of Queensland.
7. EULA Amendments
DZWW may at any time reasonably amend the terms under which it licenses the use of the DBS to You. DZWW will provide You with these amended terms and You agree that Your continued use of the DBS after receipt of the amended terms shall constitute Your acceptance of the amended terms. Non-acceptance of the amended terms terminates this EULA and your Licence and You shall cease to use the DBS immediately.
8. Entire Agreement
This EULA embodies the entire understanding between DZWW and You and supersedes all prior arrangements or understandings in relation to Your use of DBS. If an applicable court declares any part of it to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. Failure or omission by DZWW to enforce or require strict performance or timely compliance with any provision of this EULA will not affect or impair that provision, or DZWW's rights to enforce that provision, and shall not constitute a waiver of such rights or remedies and shall not relieve You from compliance with such obligations.
9. Privacy
Wherever it is lawful and practicable, you have the option not to identify yourself when interacting with DBS. Sometimes DZWW collects personal information about You from other sources where it is necessary to do so. If DZWW collects your personal information from third parties in circumstances where you may not be aware that DZWW has collected such information, DZWW will either take reasonable steps to notify you of the collection and circumstances surrounding the collection, or DZWW will take steps to de-identify the information. DZWW does not share any of your personal information with third parties.
10. Contact
All inquiries to DZWW may be sent by email to info@dzdeathrays.com.