MIGHTY GAMES GROUP PTY LTD TERMS OF SERVICE - “SHOOTY SKIES OVERDRIVE”
This is the end user licence agreement for Mighty Game Group Pty Ltd (Australian Business Number: 98 164 842 933 (defined here as “MGG” or “We”).
This software product entitled “Shooty Skies Overdrive” (“Game”) is owned by MGG and is protected under copyright laws, international copyright treaties and other intellectual property laws. This Game is licensed, not sold to you. This Game is provided under the following license which defines what you may do with the Game and contains usage restrictions and limitations on warranties and/or remedies.
You must read the terms and conditions of this Agreement carefully before downloading, installing, or otherwise using the Game. If you are a minor (below the legal age of majority in your country), please have the agreement reviewed and agreed to by your parent or legal guardian. By downloading, installing, using, or otherwise accessing the Game, you acknowledge that you have read this Agreement, that you understand it, that you agree to be bound by its terms and conditions. If you do not agree to the terms and conditions of this agreement, promptly exit this page without downloading and/or using the Game.
Subject to the terms and limitations set forth herein, MGG grants you a limited non-exclusive license to use the Game in accordance with the terms of this Agreement. All rights not expressly stated herein are reserved by MGG, and MGG disclaims any and all implied licenses. The copyright and all other rights to the Game will remain with MGG.
2. GRANT OF LICENCE
a) MGG grants you a non-exclusive revocable licence to install and use one royalty free copy of the Game on a single computer (or device) or network for personal, non-commercial use of the Game in accordance with this Agreement.
b) You acknowledge that MGG owns all right, title and interest, including without limitation all intellectual property rights, in and to the Game and that you will not acquire any right, title or interest in or to the Game, except the limited license expressly set forth in clause 2 a) above.
c) For the avoidance of doubt, the grant of licence in this clause 2 allows individual content creators to use gameplay vision from within the Game in their streams or videos to be used on third party platforms, including Twitch and Youtube.
3. LIMITATION OF LICENCE
You must not:
a) make copies of the Game except as expressly permitted in this Agreement;
b) translate, reverse engineer, decompile, or disassemble the Game;
c) remove or alter any copyright, trademark or other proprietary rights notices contained in the Game or any other MGG content;
d) rent, lease, loan, sub-license, distribute, assign, or transfer the Game;
e) use the Game for any unauthorized purpose or in violation of any applicable laws or regulations; or
f) modify the Game or merge all or any part of the Game with another program.
g) be impolite while using any online feature of the Game, especially when communicating with other players.
h) choose a rude or offensive user-name or any user-name infringing rights of others, especially personal rights.
This License will continue for as long as you use the Game. However, this License will terminate automatically without notice from MGG if you fail to comply with any of its terms or conditions. Upon termination you must immediately cease using the Game and remove the Game from your computer or device. The Limitations of Warranties and Liability set out below will continue in force even after any termination.
5. HEALTH AND SAFETY
Virtual Reality Games can be physically and mentally draining. Always consider your state of health before you start playing. Take breaks regularly and stay hydrated. Always be mindful of your environment prior to commencing game play with the Game. Make sure there is enough space for you to play safely and that there are no obstacles or dangerous objects around you.
6. LIMITATION OF WARRANTIES AND LIABILITY
The Game 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 Game and for the use of any third-party website or service, and MGG disclaims all liability for any loss, injury or damage resulting from use of the Game and any third-party website, whether direct or indirect.
In no event will MGG have any liability to you or any other person or entity for any compensatory, indirect, incidental, special, consequential or exemplary damages whatsoever, including, but not limited to, loss of revenue or profit, lost or damaged data or other commercial or economic loss. MGG'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 agree to indemnify and hold harmless MGG, 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 Game, 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
This Agreement is the entire agreement between us 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 Victoria, Australia. You agree to be bound by the laws of that state.