CHEF CURRY END-USER LICENSE AGREEMENT

 

 

Please read carefully before using this product.

 

This End-User License Agreement ("EULA") is a legal agreement between (a) you ("You") and (b) PM Chef, LLC. ("PM Chef"), the creator of the online game known as Chef Curry, which includes computer software and derivative materials ("the Licensed Product"). This EULA and its terms govern your use of the Licensed Product.

 

By clicking "I Agree," installing, copying, or otherwise using the Licensed Product, you agree to be bound to the terms of this EULA. If you do not agree with the terms of this EULA or you do not wish to be bound by the terms of this EULA, do not install or use the Licensed Product. By clicking "I Agree," installing, copying, or otherwise using the Licensed Product, you represent that you are at least 13 years of age and if under the age of 18 then you have read this EULA with a parent or guardian and both You and Your parent or guardian have agreed to its terms.

 

PM Chef hereby reserves all rights not expressly granted. The Terms of Service (available at chefcurrygame.com) and Privacy Policy (available at chefcurrygame.com) governing Chef Curry are hereby incorporated by this reference.

 

I. Scope of License

 

The license granted to You for the Licensed Product is limited to a non-transferable license to use the Licensed Product on any mobile device or computer device You own or control.

 

You may not distribute or make the Licensed Product available without PM Chef's express permission, and You may not distribute or make the Licensed Product available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute, sublicense, or otherwise transfer the Licensed Product. Unless otherwise expressly allowed by applicable law or other licenses (e.g., for open sourced components), You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Product, any updates, or any part thereof. You may not use the Licensed Product in such a way that it will diminish the rights and ability of other users and customers to use the Licensed Product. You agree to abide by all community rules and guidelines and You agree that PM Chef, in its absolute and sole discretion, is authorized to flag, remove, or otherwise edit Your user-generated content, remove You as a user, or restrict or remove Your access to the Licensed Product, if necessary or appropriate.

 

The Licensed Product is licensed as a single product and its component parts may not be separated.

 

II. Consent to Use of Data

 

You agree that PM Chef may collect and use technical data and related information, including but not limited to technical information about Your device, system and application software, and peripherals, that is gathered from time to time to facilitate the development and improvement of the Licensed Product, product support, and any other services provided to You by PM Chef in connection with the Licensed Product. PM Chef will collect and use such data and information in a form that does not personally identify You, although you should be aware that by downloading or using the Licensed Product you may voluntarily provide personal information to PM Chef. You agree that PM Chef may use this data and information in order to improve its products or to provide betters services or technologies to You.

 

III. Updates

 

Updates to the Licensed Product will be provided free of charge. The terms of this EULA will govern any updates provided by PM Chef that replace and/or supplement the original Licensed Product, unless such update is accompanied by a separate license in which case the terms of that license will state its terms apply only to the update and in which case the terms of that license will govern. In order for You to be eligible to acquire an update for the Licensed Product, You must first be licensed to have and use the original Licensed Product. Any update or upgraded Licensed Product shall be included in the definition of the "Licensed Product."

 

IV. Technical Support

 

While PM Chef does not foresee the Licensed Product having any technical issues, technical support for the licensed product is free to all users. Technical support is available via e-mail at support@pm-games.com during regular business hours PST.

 

V. Term and Termination

 

This EULA and its terms are effective unless expressly terminated or rejected by You or PM Chef. This EULA will also terminate immediately and without additional notice in the event You breach this EULA and/or fail to comply with any term or condition of this EULA. This EULA will also terminate immediately and without additional notice in the event You breach any other user agreement (if any) made between You and PM Chef, including but not limited to any Terms of Service or Privacy Policy. Upon termination of this EULA and the license it provides, You shall cease all use of the Licensed Product, and destroy all copies, full or partial, of the Licensed Product.

 

VI. Proprietary Rights

 

All intellectual property rights in the Licensed Product and all derivative materials are owned, claimed, and reserved by PM Chef (or an affiliate thereof) and are protected by law, including but not limited to copyright, trade secret, trademark law, and other applicable law and international treaty provisions. The structure, organization, and code of the Licensed Product are valuable trade secrets and confidential information of PM Chef. You shall not remove any product identification, or intellectual property notices or restrictions from the Licensed Product.

 

VII. Third Parties

 

The Licensed Product may enable You access to third party services and web sites ("Third Party Content"). Use of Third Party Content may require that You accept additional terms of service for which PM Chef has no control or responsibility. You understand that by using or accessing any Third Party Content, You may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as such. Nevertheless, You agree that should you choose to access and/or use Third Party Content, You do so at Your sole risk and PM Chef (including its members, managers, officers, and employees) shall not have any liability to You for Third Party Content that may be found to be offensive, indecent, or objectionable. You also acknowledge and agree that PM Chef has no control or responsibility for sites or content controlled exclusively by third parties, and PM Chef will not and is under no obligation to monitor Third Party Content. PM Chef is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, intellectual property compliance, legality, decency, quality, or any other aspect of Third Party Content. However, should You encounter objectionable content through the Licensed Product PM Chef encourages You to flag that content and notify PM Chef immediately. It is PM Chef's hope that the content provided through the Licensed Product should be accessible and appropriate for all Licensed Product users.

 

VIII. Community Rules

 

You agree to abide by any community rules controlling Your use of the Licensed Product. Community rules are created and interpreted in PM Chef's sole and absolute discretion. You will not exploit or use the Licensed Product in any unauthorized way whatsoever. You agree not to use the Licensed Product in any manner to harass, abuse, stalk, threaten, defame, insult, or otherwise infringe or violate the rights of any other user or party, and that PM Chef is not in any way responsible for any such use by You, nor for any harassing, threatening, defamatory, offensive, or illegal messages or transmissions that You may receive as a result of using the Licensed Product. However, should You encounter objectionable content through the Licensed Product PM Chef encourages You to flag that content and notify PM Chef immediately at support@pm-games.com.

 

IX. Prohibited Content

 

The following items, materials, or content may not be published, made available, or advertised through the Licensed Product:

 

-Any good, service, item, or other content that violates the law or legal rights of others;

-False, misleading, deceptive, counterfeit, forged, or otherwise fraudulent content;

-Another person's personal identifying information, or other confidential or proprietary information;

-Weapons or ammunition;

-Pets or animals;

-Hazardous or toxic materials;

-Alcohol or tobacco;

-Prescription drugs or controlled substances;

-Recalled items;

-Stolen property;

-ID cards, licenses, or other official identifying documents that are otherwise no public information;

-Lottery or raffle tickets, gambling games or devices;

-Obscene material;

-Child pornography;

 

If You come across any content or items You believe may fall under any category of prohibited items listed above please notify PM Chef immediately at support@pm-games.com.

 

PM Chef reserves the right to remove inappropriate content and offensive users but is under no obligation to moderate user content. 

 

 

X. NO WARRANTY

 

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED PRODUCT IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED PRODUCT AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED PRODUCT ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND PM CHEF HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED PRODUCT AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. PM CHEF DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE LICENSED PRODUCT, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE LICENSED PRODUCT WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE LICENSED PRODUCT OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED PRODUCT OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PM CHEF OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED PRODUCT OR THE SERVICES PROVIDED BY THE LICENSED PRODUCT PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

 

XI. LIMITATION OF LIABILITY AND INDEMNIFICATION

 

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL PM CHEF BE LIABLE FOR PERSONAL INJURY, OR ANY PUNITIVE, INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE LICENSED PRODUCT, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF PM CHEF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. YOU AGREE TO INDEMNIFY AND HOLD PM CHEF AND ITS OFFICERS, MEMBERS< MANAGERS, DIRECTORS, EMPLOYEES, AND LICENSORS HARMLESS FROM ANY CLAIM OR DEMAND (INCLUDING BUT NOT LIMITED TO REASONABLE LEGAL FEES) MADE BY A THIRD PARTY DUE TO OR ARISING OUT OF OR RELATED TO YOUR VIOLATION OF THE TERMS AND CONDITIONS OF THIS EULA, ARISING OUT OF YOUR VIOLATION OF THE TERMS OF SERVICE AND/OR PRIVACY POLICY, YOUR VIOLATION OF ANY LAWS, REGULATIONS OR THIRD PARTY RIGHTS, OR YOUR NEGLIGENT ACT, OMMISSION, OR WILLFUL MISCONDUCT.

 

XII. Territorial and Government-User Limitations

 

You may not use or otherwise export or re-export the Licensed Product except as authorized by United States law and the laws of the jurisdiction in which the Licensed Product was obtained. In particular, but without limitation, the Licensed Product may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. By using the Licensed Product, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law.

 

The Licensed Product is a "Commercial Item", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. The Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.

 

XIII. Governing Law

 

The laws of the State of California govern this EULA and its terms and your use of the Licensed Product. Your use of the Licensed Product may also be subject to other local, state, national, or international laws.

 

XIV. Entire Agreement

 

This EULA is the entire agreement between You and PM Chef relating to the Licensed Product and it supersedes all prior or contemporaneous oral or written communications. Any Terms of Service or Privacy Policy shall be read as to supplement or complement this EULA, and to the extent the terms of any other policy or agreement conflicts with the terms of this EULA, the terms of this EULA shall control. The English interpretation of this EULA and its terms shall control. If any provision of this EULA is held by a court of competent jurisdiction to be contrary to law, such provision(s) may be severed, changed, or interpreted so as to best accomplish the objectives of this EULA and its provisions to the fullest extent allowed by law and the remaining provisions will remain in full force and effect.

 

 

END OF AGREEMENT

 

 

This EULA was last updated on: August 4, 2017.

 

Questions, comments, or notifications please contact PM Chef: support@pm-games.com