End-User License Agreement ("Agreement")
Last updated: January 29, 2019
Please read the following terms and conditions carefully before using the software product “Brief Battles” (“Product”).
For the purposes of this Agreement, “Product” means Software, image files, all accompanying files, data and materials received with your order of the Product.
If there are any terms that you do not agree with in this Agreement, you are not permitted to open, install, copy, distribute or otherwise use the Product. If you have purchased a single copy from Juicy Cupcake Distributors PTY LTD (“Juicy Cupcake”) or an authorized distributor, reseller or any retail channel, you may return it within the return rights period provided by the retailer or country of purchase, for a refund of your payment less any incidental charges. By opening, installing, copying, distributing or otherwise using the Product, you agree to be bound by the terms of this Agreement.
Juicy Cupcake grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the Product for your personal, non-commercial use for gameplay on a single Game Platform (i.e. computer, mobile device or gaming console) strictly in accordance with the terms of this Agreement.
You agree not to, and you will not permit others to:
- a) license, sell, rent, reproduce, distribute, copy, lease, assign, transmit, host, outsource, disclose, reverse engineer, de-compile, disassemble, create derivative works of or otherwise commercially exploit the Product or make the Product available to any third party
- b) edit, alter, modify, adapt, translate or otherwise change the whole or any part of the Product nor permit the whole or any part of the Software to be combined with or become incorporated in any other software
- c) use the Software in any way which breaches any applicable local, national or international law
Content creators may play the Product to create monetized content, including but not limited to livestreaming, creation of highlight clips and reviews.
- a) Juicy Cupcake may update the Product including but not limited to new features and bug fixes as needed with or without notice and without liability to you
- a) Juicy Cupcake shall be free to use, copy, modify, publish, or redistribute any Product feedback or suggestions for any purpose and in any way without any credit or any compensation to you
- c) Juicy Cupcake collects anonymous usage statistics and may use this data for any means
- d) Juicy Cupcake is the owner of the copyright of this Product, all of its derivatives, title and accompanying materials are the exclusive property of Juicy Cupcake
- e) all rights of any kind, which are not expressly granted in this License, are entirely and exclusively reserved to and by Juicy Cupcake
The Product is provided on an "as is" basis, without any warranties or conditions, express or implied, including, but not limited to, any implied warranty of merchantability or fitness for a particular purpose, or any warranty arising by law, statute, usage of trade, or course of dealing. You assume all responsibility and risk for the use of the Product and for the use of any third-party website or service, and Juicy Cupcake disclaims all liability for any loss, injury or damage resulting from use of the Product and any third-party website, whether direct or indirect.
In no event will Juicy Cupcake, nor Juicy Cupcake’s affiliates and licensors have any liability to you or any other person or entity for any compensatory, indirect, incidental, special, consequential, punitive or exemplary damages whatsoever, including, but not limited to, loss of revenue or profit, lost or damaged data or other commercial or economic loss. Juicy Cupcake's total aggregate liability with respect to its obligations under this agreement or otherwise with respect to the product or the software will not exceed $AUD1.00. The limitations in this section will apply whether or not the alleged breach or default is a breach of a fundamental condition or term or a fundamental breach.
You are permitted to load the Product under your control. You are responsible for ensuring your device meets the minimum requirements of the Product.
In no event does Juicy Cupcake authorize you to use this Product in systems where Product's failure to perform can reasonably be expected to result in a physical injury, or in loss of life. Any such use by you is entirely at your own risk, and you agree to hold Juicy Cupcake and Juicy Cupcake’s affiliates and licensors harmless from any claims or losses relating to such unauthorized use.
You agree to indemnify and hold harmless Juicy Cupcake and its subsidiaries, affiliates, officers, agents, and employees, advertisers, licensors, and partners, from and against any third party claim arising from or in any way related to your use of the Product, violation of this Agreement or any other actions connected with use of any content, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature.
Term and Termination
This Agreement shall remain in effect throughout the period of your ownership of the Product.
This Agreement will terminate immediately, without prior notice from Juicy Cupcake, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Product and all copies thereof in your possession.
Upon termination of this Agreement, you shall cease all use of the Product and delete all copies of the Product in your possession.
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Amendments to this Agreement
Juicy Cupcake reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Juicy Cupcake’s sole discretion.
By continuing to access or use our Product after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Product.
Third Party Agreements
Juicy Cupcake disclaims any obligation or liability on the part of any third party to provide support or other services to the end user.
By accepting this Agreement, you acknowledge that you have read and agree to be bound by the terms of our third party service providers as follows:
Terms of Service: https://www.epicgames.com/tos
Unreal Engine EULA: https://www.unrealengine.com/en-US/eula
Microsoft Services Agreement: https://www.microsoft.com/en-us/servicesagreement/
Microsoft EULA: https://support.microsoft.com/en-us/gp/mats_eula
Software Licence Agreement: https://support.xbox.com/en-US/xbox-one/console/software-license-terms
Sony Interactive Entertainment
PlayStation®4 System Software Licence Agreement: https://doc.dl.playstation.net/doc/ps4-eula/ps4_eula_en.html
PlayStation™Network Terms of Service US: https://www.playstation.com/en-us/network/legal/terms-of-service/
PlayStation™Network Terms of Service EU: http://legaldoc.dl.playstation.net/ps3-eula/psn/e/e_tosua_en.html
Software Usage Terms EU: https://www.playstation.com/en-gb/legal/software-usage-terms/
This Agreement is the entire agreement between Juicy Cupcake and the end user with respect to the subject matter hereof, superseding any other agreement or discussions, oral or written, and may not be changed except by a signed agreement. This Agreement will be governed by and construed in accordance with the laws of South Australia, Australia. You agree to be bound by the laws of that state.