YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY USING THE SOFTWARE. IF YOU DO NOT AGREE, DO NOT USE AND IMMEDIATELY REMOVE THE SOFTWARE IN QUESTION.

1. Interpretation in this Agreement :-

The following expressions have the following meanings:

"Agreement" - A legally binding contract between the user and Pixel Magick.

"Intellectual Property Rights/ IP / IP Rights" - Patents, trade marks, trade secrets, service marks, design rights (whether registerable or otherwise), copyright, know-how and other similar rights or obligations, whether recognised/ registerable in law or not in any country.

 “Executable” – a file or the collection of files and classes necessary for the computer to run a set of instructions/program.

“Reverse Engineering” – Producing a set of computer instructions from the analysis or disassembly of an executable computer program, class or collection of files.

“Side Loading” – the act of transferring files from a PC to a mobile phone via Bluetooth, USB, memory card or any other means.

2. GRANT OF LICENSE. Pixel Magick grants you the following rights provided that you comply with all the terms and conditions of this EULA:

3. We grant you one license to install and use this software on a single mobile device. Note: as unlock codes are unique to this device, it is not possible to transfer the licence to another device, and a separate licence must be purchased for any additional devices.

4. The software is protected by international copyright laws, all intellectual property rights in the software are retained by Pixel Magick. You may not separately publish, sell, re-sell as second hand/used/or otherwise, market, distribute, lend, lease, rent, or sublicense the software. Any such violation will be interpreted as an IP infringement, specifically piracy. It will be the responsibility of the user to prove otherwise. The user accepts this burden of proof in any dispute. If the user is unable to offer absolute proof of any innocence they agree to pay the damages in full as specified.

5. You are limited to using the software as written and are strictly prohibited from reverse engineering or modifying the software in any way. Any such violation will be interpreted as an IP infringement. It will be the responsibility of the user to prove otherwise. The user accepts this burden of proof in any dispute. If the user is unable to offer absolute proof of any innocence they agree to pay the damages in full as specified.

6. You are strictly prevented from circumventing, or attempting to circumvent any anti-piracy or copy protection methods/technology used in the software or making available any patches or instruction to achieve such ends. Any such violation will be interpreted as an IP infringement. It will be the responsibility of the user to prove otherwise. The user accepts this burden of proof in any dispute. If the user is unable to offer absolute proof of any innocence they agree to pay the damages in full as specified.

7. Use of the software in question is limited to use on mobile/cell phones and PDAs. The software must not be executed on an emulator or on any platform capable of reverse engineering and/or software development. The software can only be stored on any other device for the purpose of “Side Loading”, and limited only to the period of time necessary to transfer any files, and destroyed immediately after completion of the transfer. Any such violation will be interpreted as an attempt at reverse engineering and will incur the lowest rate in damages as detailed below. It will be the responsibility of the user to prove otherwise. The user accepts this burden of proof in any dispute. If the user is unable to offer absolute proof of any innocence they agree to pay the damages in full as specified.

8. Any violation of the above conditions which could be interpreted as an IP infringement will result in a warning being displayed in the users web browser and the user accepts that this may result in information being made available to the developer which could be used to personally identify the user, and the user gives the developer permission to extract such information for the purpose of enforcement of this agreement and to protect the developers IP rights.

9. In the event of  any IP infringement by a user whilst at the users workplace or on instruction/behalf of the users employer, the user accepts the employer may be financially responsible for all damages, and accepts this liability on behalf of his/her employer in such circumstances.

10. Damages: Damages are calculated based on the developers minimum freelance rates as follows: (note these rates are subject to change and any damages will be payable at the current rate, not the historical rate)

£1,500.00    Provision of source code, strictly limited to fixing bugs within the program provided.

£3,000.00    Provision of source code, strictly limited to fixing bugs and modification solely to enable execution of the program provided on additional devices of the same class.

£5,000.00    Provision of source code, strictly limited to fixing bugs, modification solely to enable execution of the program provided on additional devices and enhancement limited to one additional version of the product (i.e. Game v1 to Game v2)

£10,000.00    Provision of source code, for use as a game engine limited to one product only.

£30,000.00    Provision of source code, for use as a game engine for the period of one year from the date of payment, for unlimited products released within the stated period.

Any damages payable due to piracy or circumvention of copy protection/anti-piracy technology will be based on the lowest rate above, plus payment for each pirated copy of the product at the products retail price based on the best estimate of the number of pirated copies resulting from such actions to date and projected over the lifetime of the product.

In addition to the above rates, all costs and legal expenses will be payable as damages. The cost of any letters will be payable as damages and charged at £25 per letter within the UK. International letters may incur additional costs.

Damages will incur interest daily, based on an annual rate of 8% above the Bank of England base rate at the time of settlement, from the date of any IP infringement.

LIMITED WARRANTY

11. We warrant that the software will provide the features and functions as described in the product description/specification.

12. We have taken all reasonable steps to keep the software free of viruses, spyware, "back door" entrances, or any other harmful code. However, as the software may be stored on servers and computers beyond our control, we cannot guarantee that this will be the case and can not accept or be held liable for any physical, financial or any other damages/losses resulting from the use of our software.

13. We do not warrant that the software or your ability to use it will be uninterrupted or error-free. To the extent permitted by applicable law, we disclaim any implied warranty of merchantability or fitness for a particular purpose.

LIMITATIONS ON LIABILITY

14. Your exclusive remedy under the above limited warranty shall be, at our option, either a full refund of the purchase price or correction of the defective software. To the fullest extent permitted by applicable law, we disclaim all liability for indirect or consequential damages that arise under this license agreement.

15. Refunds can not be issued for software purchased for incompatible devices. It is the responsibility of the user to ensure compatibility before purchase.

PRIVACY

16. We respect your privacy. We do not collect any information that, in itself, personally identifies an individual. We only collect information necessary for the provision of services to you. We do not share any data with any other companies or organisations. This privacy statement does not apply to anyone who infringes the terms of this EULA.

GENERAL PROVISIONS

17. If any part of this agreement is found to be invalid or unenforceable, the remaining terms will stay in effect. This agreement does not prejudice the statutory rights of any party dealing as a consumer.

18. This agreement will be governed by the laws of the United Kingdom.

19. This agreement may be subject to change. The user accepts that changes may be necessary to the licence over time and accepts these changes as legally binding. In the event of any substantial change that affects the user’s ability to use the software as provided, the user has the option to remove the software from their device and receive a full refund.