GOOD GAME MODS LLC
END USER LICENSE AGREEMENT
Last Modified on Feb 22, 2014
PLEASE READ THIS AGREEMENT CAREFULLY; THIS IS A BINDING CONTRACT.
MMOUI Minion (“Minion”) is a multiple platform desktop software application which allows users to browse, download, update and manage AddOns for supported games. Minion is ever evolving and will receive updates with additional features and changes throughout its future. MMOUI also supports various AddOn web sites which Minion operates in conjunction with (known as “Minion service”).
You may use Minion without a registered account (“Account”). An option to login as a “Guest” is available to users that do not wish to register with Good Game Mods LLC. Some features may require a registered account in order to work. Notwithstanding the ability to login as a “Guest”, any such use as a “Guest” remains subject to the terms and conditions of this End User License Agreement (this “Agreement”). The Software will not function unless (i) it is installed on a computer which meets its minimum installation requirements, including, without limitation, Microsoft Windows Vista, 7, 8, 8.1 (64bit) or Apple OSX 10.8 or higher operating system and a functioning Internet connection of 56 kilo-bits per second or greater; and (ii) Minion is subject to a separate Terms of Service and Privacy Policy which you must agree to before creating an optional Account. You may only use the Software if you have agreed to this Agreement and each of the Terms of Service, Privacy Policy, and, if applicable, the Premium Subscription Additional Terms of Service. You may view the Good Game Mods LLC Privacy Policy & Terms of Service here & here.
IT IS IMPORTANT THAT YOU CAREFULLY READ AND UNDERSTAND THIS AGREEMENT. BY CLICKING THE “I AGREE” BUTTON LOCATED AT THE END OF THIS AGREEMENT, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH ALL THE TERMS OF THIS AGREEMENT AND DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, PLEASE CLICK THE “CANCEL” BUTTON. IF YOU DO NOT ACCEPT THIS AGREEMENT, THE SOFTWARE WILL NOT BE INSTALLED ON YOUR COMPUTER.
1. GRANT OF LIMITED USE LICENSE; OWNERSHIP AND LICENSE RESTRICTIONS
A. Grant of Limited Use License. The Software is licensed, not sold. Your license confers no title or ownership in the Software or any other intellectual property rights and should not be construed as a sale of any such rights. Good Game Mods LLC hereby grants you a limited, non-exclusive, personal, non-sublicensable, non-assignable license to download, install and use the Software onto a computer and to use the Software in conjunction with the Minion Service solely for the purpose of using the Minion Service. The Software may only be used in connection with the Minion Service and in accordance with, and subject to, this Agreement and the Good Game Mods LLC Privacy Policy, Terms of Service and any rules, restrictions or documentation set forth by Good Game Mods LLC from time to time.
B. Ownership. The Software and Minion service contain proprietary and confidential information of Good Game Mods LLC, including copyrights which are protected by international copyright laws, trade secrets and trademarks contained in the Software and/or Service. Title to and ownership of the Software, including without limitation all intellectual property rights in and to the Software, are and shall remain the exclusive property of Good Game Mods LLC and its licensors, and except for the limited license granted to you by Good Game Mods LLC, Good Game Mods LLC reserves all right, title and interest in and to the Software. You shall not take any action to jeopardize, limit or interfere with Good Game Mods LLC' ownership of and rights with respect to the Software and Minion service. You acknowledge that any unauthorized copying or unauthorized use of the Software or Minion service is a violation of this Agreement and is strictly prohibited.
C. License Restrictions.
2. WARRANTY DISCLAIMER
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: (a) THE MINION SERVICE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES IN CONNECTION TO, COMPATIABILITY WITH, TRANSMISSION OVER, OR RESULTS OR USE OF, ANY NETWORK CONNECTION OR FACILITIES PROVIDED (OR FAILED TO BE PROVIDED) THROUGH THE MINION SERVICE; (b) THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THIS APPLICATION IS WITH YOU AND THERE IS NO WARRANTY THAT USE OF THE MINION SERVICE OR ANY SOFTWARE OR CONTENT ACCESSIBLE THROUGH THE MINION SERVICE WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, SECURE OR ERROR-FREE; AND (c) ZAM NETWORK AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS AND SUBCONTRACTORS (COLLECTIVELY, THE “GOOD GAME MODS LLC PARTIES”) WILL HAVE NO LIABILITY TO YOU FOR ANY REASON BASED ON YOUR USE OF THE MINION SERVICE UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION.
FURTHER, YOU ARE RESPIONSIBLE FOR ASSESSING YOUR OWN COMPUTER AND TRANSMISSION NETWORK NEEDS, AND THE RESULTS TO BE OBTAINED THEREFROM.
YOUR USE OF THE MINION SERVICE AND ALL SOFTWARE ACCESSIBLE THROUGH THE MINION SERVICE IS AT YOUR SOLE RISK. THE MINION SERVICE AND ALL SOFTWARE ACCESSIBLE THROUGH THE MINION SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE GOOD GAME MODS LLC PARTIES MAKE NO WARRANTY THAT DEFECTS IN THE SOFTWARE OR CONTENT WILL BE CORRECTED OR THAT THE WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU ACKNOWLEDGE THAT THE GOOD GAME MODS LLC PARTIES DO NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES, INCLUDING ADDONS, THROUGH THE MINION SERVICE. THE GOOD GAME MODS LLC PARTIES ARE NOT RESPONSIBLE FOR CONTENT PROVIDED BY THIRD PARTIES (INCLUDING USERS), AND ASSUME NO RESPONSIBILITY FOR AND MAKES NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF CONTENT MANAGED WITH THE MINION SERVICE. THE GOOD GAME MODS LLC PARTIES DO NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED THROUGH OR IN CONNECTION WITH THE MINION SERVICE BY ANY THIRD PARTY, WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES, AND WILL NOT BEAR ANY RESPONSIBILITY FOR THEIR PRODUCTS, SERVICES, POLICIES OR ACTIONS. USERS USING ANY SUCH PRODUCTS AND SERVICES MAY BE SUBJECT TO ADDITIONAL TERMS AND CONDITIONS RELATING TO THE USE OF SUCH THIRD PARTY CONTENT, SOFTWARE OR SERVICES AND FAILURE TO ABIDE BY THOSE ADDITIONAL TERMS AND CONDITIONS MAY RESULT IN TERMINATION OF USERSHIP.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ANY GOOD GAME MODS LLC PARTY OR THROUGH THE MINION SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR LIABILITY, AND IN SUCH JURISDICTIONS THE GOOD GAME MODS LLC PARTY’S AGGREGATE LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
3. LIABILITY LIMITATION
YOU AGREE THAT THE GOOD GAME MODS LLC PARTIES WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE GOOD GAME MODS LLC PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR INABILITY TO USE THE MINION SERVICE; (II) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED THROUGH OR FROM THE MINION SERVICE; (III) UNAUTHORIZED ACCESS TO, ALTERATION, DELAY, NON-DELIVERY OR MIS-DELIVERY OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANYONE ON THE MINION SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE MINION SERVICE, INCLUDING ANY GOODS OR SERVICES OBTAINED THROUGH OR FROM THE MINION SERVICE. IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THIS AGREEMENT, ANY GOOD GAME MODS LLC PARTY IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS ANY WAY CONNECTED TO YOUR USE OF THE MINION SERVICE, GOOD GAME MODS LLC PARTYS’ ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO USE OF THE SOFTWARE, SHALL BE (AT THE SOLE DISCRETION OF GOOD GAME MODS LLC) EITHER THE REPLACEMENT OF SUCH SOFTWARE WHICH IS FOUND TO BE DEFECTIVE, USING MEDIA CHOSEN BY GOOD GAME MODS LLC.LIABILITY OR REIMBURSEMENT OF THE TOTAL OF ANY SUBSCRIPTION OR SIMILAR FEES WITH RESPECT TO THE MINION SERVICE OR FEATURE OF THE MINION SERVICE PAID BY YOU TO GOOD GAME MODS LLC IN THE SIX MONTHS PRIOR TO THE DATE OF THE INITIAL CLAIM MADE AGAINST THE GOOD GAME MODS LLC PARTY.
THE GOOD GAME MODS LLC PARTIES ASSUME NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY USER, LOSS OF DATA FROM ERRORS, SYSTEM DOWN TIME, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION, OR SERVICE INTERRUPTIONS CAUSED BY THE NEGLIGENCE OF ANY GOOD GAME MODS LLC PARTY, OR USER'S OWN ERRORS AND/OR OMISSIONS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES; IN SUCH JURISDICTIONS THE GOOD GAME MODS LLC PARTY’S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
4. YOUR REPRESENTATIONS AND WARRANTIES AND COVENANTS
You represent and warrant and covenant that you: (i) possess the legal right and ability to enter into this Agreement and to comply with its terms, (ii) will use the Software and Minion service for lawful purposes only and in accordance with this Agreement and all applicable laws, regulations and policies, (iii) will always provide and maintain true, accurate, current and complete information as requested by Good Game Mods LLC, (iv) are of a lawful age in your applicable jurisdiction to enter into this Agreement and install and use the Software and Minion service, and (v) will only use the Software and Minion service on a computer on which such use is authorized by the computer's owner or lessee, as applicable.
If Good Game Mods LLC has reasonable grounds to suspect that your representations, warranties or promises are inaccurate or breached, Good Game Mods LLC may terminate this license, your Account, deny any or all use of the Software and/or Minion service, and pursue any appropriate legal remedies.
5. INDEMNIFICATION
You agree to defend, indemnify and hold harmless the Good Game Mods LLC Parties from all losses, liabilities, claims, demands, proceedings, suits, damages or expenses, including reasonable attorney's fees, (i) arising from breach of this Agreement by or through your Account, or (ii) asserted by any third party due to or arising from or in connection with use of or conduct through your Account on the Minion service, including your use of the Software. Good Game Mods LLC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, which shall not excuse your indemnity obligations.
6. MODIFICATION
Good Game Mods LLC may change this Agreement at any time and the changes will become effective 15 days after posting the revised Agreement (the "Effective Date"). You can review the most current version of this Agreement at any time at http://minion.mmoui.com/license.html. You are responsible for checking periodically for changes and your continued use of the Minion service after the Effective Date indicates your acceptance of such new version of the Agreement.
7. EXPORT LAW
This Agreement is subject to any laws, regulations, orders or other restrictions on the export from the United States of the Software or of information about the Software that may be imposed from time to time by the U.S. government. Notwithstanding anything contained in this Agreement to the contrary, you may not export or reexport, directly or indirectly, any Software or information pertaining thereto to any country for which an export license or other governmental approval is required at the time of export or reexport without first obtaining such license or approval.
8. U.S. GOVERNMENT RESTRICTED RIGHTS
To the extent applicable, the U.S. Government shall only have those rights to use the Software as expressly stated and expressly limited and restricted in this Agreement, as provided in 48. C.F.R. §§ 227.7202-1 through 227.7204. The Software and all accompanying written materials are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in Restricted Rights in Technical Data and Computer Clause at FAR 52.227-7013(c)(1)(ii) or FAR 52.227-19. Contractor/manufacturer is Good Game Mods LLC LLC., 1850 Sawtelle Blvd., Los Angeles, CA 90025
9. COLLECTION OF INFORMATION
Good Game Mods LLC may collect, use, store and transmit technical and related information regarding your computer, including without limitation your Internet Protocol address, operating system, application software and peripheral hardware, that may be gathered periodically to facilitate the provision of software updates, dynamically served content, product support and other services to you. Good Game Mods LLC may also use this information in the aggregate and, in a form which does not personally identify you, to improve our products and services
10. TERMINATION
This Agreement is effective from the date you receive the Software and remains in force (subject to any modifications to this Agreement by Good Game Mods LLC) until terminated. You may terminate the license under this Agreement at any time by destroying all tangible embodiments or copies of the Software in your possession, including all backup copies and all related materials. Your license rights hereunder will automatically terminate without notice if you fail to comply with any provision herein. Upon termination, you must destroy all tangible embodiments or copies of the Software in your possession, including, without limitation, delete all copies of the Software on your computer. Sections 1 (other than Section 1(A)), 2, 3, 4, 5, 7, 8, 9 10 and 11 shall survive such termination.
11. MISCELLANEOUS
Good Game Mods LLC's rights under this Agreement may not be waived unless Good Game Mods LLC agrees to such change in writing. This Agreement and your Account are personal to you and may not be transferred or assigned. This Agreement is governed by U.S. Federal law and the laws of the State of California, U.S.A., without regard to its conflicts of law provisions; and you hereby consent to the exclusive jurisdiction of and venue in the federal and state courts located in Los Angeles, California, U.S.A. in all disputes arising out of or relating to the Minion service or this Agreement. You further agree not to bring claims on a representative, class member basis, or as a private attorney general. Use of the Minion service is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this Section. Good Game Mods LLC's performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Minion service or information provided to or gathered by Good Game Mods LLC with respect to such use. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement shall continue in effect. This Agreement, together with the Good Game Mods LLC Privacy Policy & Terms of Service, constitutes the entire understanding between you and Good Game Mods LLC regarding the Software and the Minion service. The application to this Agreement of the United Nations Convention on Contracts for the International Sale of Goods is hereby expressly excluded. No delay or failure to perform by Good Game Mods LLC shall be considered a breach of this Agreement if such default, delay or failure to perform is shown to be due to causes beyond Good Game Mods LLC’s reasonable control. Without limiting any other remedy of Good Game Mods LLC, Good Game Mods LLC shall be entitled to seek specific performance, injunctive relief or other equitable remedies in the event of any failure to perform your obligations hereunder or for your breach of the terms of this Agreement.
YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CONTINUING TO INSTALL THE SOFTWARE, YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS AND GRANT TO GOOD GAME MODS LLC THE RIGHTS SET FORTH HEREIN.