END USER LICENCE AGREEMENT
1. ABOUT THIS END USER LICENCE AGREEMENT
This End User Licence Agreement (or "EULA") governs the relationship between you and XMIND LTD., in relation to this software, "XMIND IS EEN KRACHTIGE EN GEBRUIKSVRIENDELIJKE MINDMAPPING-SOFTWARE WAARMEE U UW IDEEëN VISUEEL KUNT ORGANISEREN EN STRUCTUREREN. MET XMIND KUNT U GEMAKKELIJK BRAINSTORMEN, PROJECTEN PLANNEN EN INFORMATIE DELEN MET ANDEREN." (the "Software").
This EULA incorporates the rules and guidelines that apply to your use of the Software (the "Software Rules").
2. THIS EULA AND YOU
If you are under 18 years of age, please ask your parent or guardian to review and approve this EULA on your behalf. If you are under the aforesaid age, you must not use or access the Software without a parent or legal guardian supervising you.
You confirm your agreement to this EULA including the Software Rules as part of the installation process of the Software (if applicable) or by using the Software. If you do not agree to this EULA or the Software Rules, please do not attempt to install or use the Software.
3. TERMS OF SERVICE AND PRIVACY AND COOKIE POLICY
You confirm that as part of the process of creating a XMIND LTD. account (an "Account") you read and agreed with our Terms of Service and our Privacy and Cookie Policy.
4. AMENDMENTS TO THIS EULA AND THE Software RULES
From time to time, we may need to amend this EULA for serious reasons, for example to reflect new features and functionality in the Software or because of changes in the law. If we make a change to this EULA, we will inform you via email in advance of such changes thirty (30) days before such changes enter into force and of your right not to accept them. The latest version of this EULA will always be available on the XMIND LTD. websites (the "Sites"). Please make sure you check for updates to this EULA each time you use the Software. Changes to this EULA shall not affect your accrued rights and shall not have retroactive effect.
From time to time, we may also need to amend the Software Rules for serious reasons, for example to address issue that may arise in the Software or the way that the Software is being played and to ensure that the Software continues to be enjoyable for all users. If we make a change to these Software Rules, we will inform you via email in advance of such changes thirty (30) days before such changes enter into force and of your right not to accept them. The latest version of the Software Rules will always be available on the Sites. Changes to the Software Rules shall not affect your accrued rights and shall not have retroactive effect.
5. USING THE Software
In return for your acceptance of this EULA, we give you the personal right (known as a 'licence') during the time this EULA is in force between you and us to download, install and play the Software.
This licence is:
'non-exclusive' (meaning that we can grant the same and similar licences to other people as well);
'revocable' (meaning that we can terminate this licence in certain circumstances, which are explained further below);
'personal' (meaning that you may not use the Software for any commercial purpose);
'non-transferable' (meaning that the licence is only for your benefit and you may not transfer or sublicense any of the rights that we grant to you to any other person); and
'limited' (meaning that you can only use the Software for the purposes we set out in this EULA); and
conditional on your compliance with this EULA.
6. TECHNICAL REQUIREMENTS
For using the Software you need certain hardware, software and capability (including a suitable connection to the Internet).
7. PATCHES, UPDATES AND CHANGES
From time to time, we may need to deploy or provide patches, updates, additional content or other modifications to the Software (for example to enhance online Softwareplay, to add new or udate features or to resolve software bugs). You hereby accept, recognize and understand that we constantly work on further development of the Software and Services, we improve, upgrade and update graphics, features, Softwareplay and any other Content of the Software in order to make the Softwareplay enjoyable for you.
8. INTELLECTUAL PROPERTY
The Software, including the code, graphics, Software play, user interface, audio and other content, contain proprietary information and material that is protected by copyright and other laws including but not limited to intellectual property. You agree that we own or license all of this proprietary information and material and that you may not use or exploit any of it without our permission.
"XMIND LTD." and "XMIND IS EEN KRACHTIGE EN GEBRUIKSVRIENDELIJKE MINDMAPPING-SOFTWARE WAARMEE U UW IDEEëN VISUEEL KUNT ORGANISEREN EN STRUCTUREREN. MET XMIND KUNT U GEMAKKELIJK BRAINSTORMEN, PROJECTEN PLANNEN EN INFORMATIE DELEN MET ANDEREN." and their respective logos are trademarks or registered trademarks of XMIND LTD.. You may not use or display such trademarks in any manner, except as expressly set out in this EULA. All third party trademarks and service marks that appear in the Software are the property of their respective owners and all rights in them are reserved.
9. Software RULES
The Software Rules set out how we expect you to behave when playing the Software. Please review the Software Rules carefully before playing the Software. Please note that 'role-playing' is not an excuse for contravening the Software Rules.
If you are in material breach with the Software Rules, then we may, at our reasonable discretion depending on the seriousness of the breach take some or all of the following actions:
suspend your access to the ‘Software chat’ functionality in the Software for a short period of time;
suspend your access to the ‘Software chat’ functionality in the Software for a longer period of time; and
suspend or close your Account as provided in the Terms of Service.
If the breach is your first breach, if it is not flagrant, if it is capable of cure, and if the circumstances allow us to do so, then we shall give you 14 (fourteen) calendar days prior written notice of the impending Account closure to give you the opportunity to cure the breach during such time period. If we suspend your Account, then during the period of that suspension you will not be able to access your Account or use any of the Services. If we close your Account, then you will never be able to access your Account and we may also prohibit you from accessing or using the Services in future.
If we suspend your access to the 'Software chat' functionality in the Software, then during the period of that suspension you will be able to play the Software and read the 'Software chat' of other players, but will not be able to participate in 'Software chat'.
If you encounter another user who is contravening any of the Software Rules, please report this activity to XMIND LTD. using the "Help" or "Report Abuse" functions in the Software if available.
10. EPILEPSY WARNING
Certain people are susceptible to epileptic seizures or loss of consciousness when exposed to certain flashing lights or light patterns in everyday life. Such people may have a seizure while watching certain monitor images or playing certain video Softwares. This may happen even if the person has no medical history of epilepsy or has never had any epileptic seizures. If you or anyone in your family has ever had symptoms related to epilepsy (seizures or loss of consciousness) when exposed to flashing lights, consult your doctor prior to playing. We advise that parents should monitor the use of video Softwares by their children. If you or your child experience any of the following symptoms: dizziness, blurred vision, eye or muscle twitches, loss of consciousness, disorientation, any involuntary movement or convulsion, while playing a video Software, IMMEDIATELY discontinue use of the video Software and consult your doctor. Please also note that when using a video Software you should take certain standard health and safety precautions, including avoiding playing the Software when tired and not had much sleep, taking 10 to 15 minute breaks every hour, sittinga reasonable distance from the screen, and playing the Software in a well-lit environment.
11. WARRANTIES AND LIABILITY REGARDING THE Software
We warrant that we have the right to enter this EULA and to grant you the licences to use the Software set out in section 5 (“USING THE Software”).
We shall be liable for damages with respect to injuries to health, body or life or for intentional damages caused by us, our representatives, employees or our vicarious agents or according to the applicable law.
With respect to virtual goods that are purchased by you, we shall be liable in addition to article 2 of the present section 11 for damages that arise from the lack of a guaranteed characteristic or gross negligence of us, our representatives, or designated agents.
And further liability of us shall be waived.
12. GOVERNING (APPLICABLE) LAW AND JURISDICTION
This EULA and any dispute, claim or obligation (whether contractual or non-contractual) arising out of or in connection with it or its subject matter or formation shall be governed by law of the country where you live.
We and you submit the aforementioned disputes to the jurisdiction of the courts of the country where you live.
13. GENERAL
The EULA governs our relationship with you. It does not create any rights for any other person, unless otherwise expressly stated in this EULA.
If any part of this EULA is held to be unenforceable, then it will not affect the enforceability of any other part of this EULA. Also, we and you agree to interpret the rest of this EULA in such a way as to reflect your and our intentions in this EULA as far as possible.
If you or we fail to exercise (or delay exercising) any right which you or we may have under this EULA, that failure or delay does not mean that we or you lose that right. If we or you only partially exercise a right or only exercise it once, that will not stop you or us from exercising it again in the future.
14. NO RESTRICTION OF CONSUMER RIGHTS
The provisions of this EULA do not exclude, limit or otherwise restrict the rights vested with the consumers upon relevant provisions of applicable law nor may be construed by anyone in this way.
