End User Licence Agreement
This End User License Agreement ("Agreement") governs the relationship between you and Tunnel Ground, regarding your use of Tunnel Ground games, publications, websites and related services (the "Software").
Before accessing the Software, you must agree to this Agreement. By installing or otherwise accessing the Software, you agree to this Agreement.
The Software is licensed, not sold.
License: Subject to your agreement and continuing compliance with this Agreement, Tunnel Ground grants you a non-exclusive, non-tranferable, non-sublicensable, revocable limited right to use the Software for personal, non-commercial use.
Tunnel ground may gather non-personal data, such as amounts of downloads, device types, OS version, and similar data provided through the Apple App Store, or other related services, for the purpose of assessing the performance of and improving the Software.
Tunnel Ground may gather personal data, such as email addresses, for the purposes of sending updates, news, or other information related to the Software.
Tunnel Ground adheres to the requirements of the Finnish Personal Data Act (523/1999, as amended) Section 10 for the Software. The register may contain:
- email address
- phone number
- full name
- email or other message correspondence
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Tunnel Ground retains all rights to the Software, including, but not limited to all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, audiovisual effects, themes, characters, character names, stories, dialog, settings, artwork, sound effects, musical works, and moral rights whether registered or not and all applications thereof.
The Software or any part thereof may not be copied, reproduced or distributed in any manner or medium, in whole or in part, without prior written consent from Tunnel Ground. All rights not expressly granted to you herein are reserved by Tunnel Ground.
The Software is provided on an "as is" basis, without warranties of any kind, express or implied, including but not limited to merchantability, fitness for a particular purpose, title and non-infringement. Tunnel Ground does not warrant that the Software will be available, nor that it will be uninterrupted or error free.
Limitation of Liability:
Tunnel Ground shall not be liable for any direct or indirect damages including but not limited to loss of revenues, lost profits, lost data, punitive damages, damages for personal injuries, property damage or business interruption or other losses arising out of or relating to this Agreement or the use of the Software.
You agree to indemnify, defend and hold Tunnel Ground, its officer, directors, employees and agents harmless from any claim, demand, damages or other losses, including reasonable attorneys’ fees, asserted by any third-party resulting from or arising out of Your use of the Software, or any breach by you of this Agreement.
You may not assign any rights or obligations under this Agreement without the prior written consent of Tunnel Ground, and any unauthorized assignment is ineffective. Tunnel Ground may assign this Agreement at any time with or without your consent.
This Agreement shall remain in force as long as you use the Software, and also after use of Software has ended for the purpose of solving possible claims. In addition to other remedies, Tunnel Ground may require you to destroy all copies of and cease using the Software if you breach any of the terms and conditions contained herein. In such case you must delete all copies of the Software and cease to access any of it in any way.
This Agreement contains the complete understanding of you and Tunnel Ground, and supersedes all prior understandings, whether written, oral, electronic, or established by custom, practice, policy or precedent.
In the event that any provision of this Agreement or the application thereof, becomes or is declared by a court of competent jurisdiction to be illegal, void or unenforceable, the remainder of this Agreement will continue in full force and effect and the application of such provision to other persons or circumstances will be interpreted so as reasonably to effect the intent hereto. It is further agreed to replace such void or unenforceable provision of this Agreement with a valid and enforceable provision that will achieve, to the extent possible, the economic, business and other purposes of such void or unenforceable provision.
No failure of Tunnel Ground to exercise, nor any delay in exercising any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise thereof or the exercise of any other right or remedy.
This Agreement shall be governed by and interpreted in accordance with the laws of Finland excluding its choice of laws provisions. Any dispute, controversy or claim arising out of or relating to this Agreement, or the breach, termination or validity thereof shall be finally settled by arbitration in accordance with the Arbitration Rules of the Finnish Chamber of Commerce. The place of arbitration shall be Helsinki, Finland. The language to be used in the arbitral proceedings shall be English. Any dispute, controversy or claim arising out of or relating to this Agreement including, but not limited to the possibility or existence of the proceedings, the proceedings themselves, oral statements made during the course of the proceedings, documents and other information submitted by the Parties or prepared by the Court or the arbitrator(s), and the final award shall be deemed confidential information.