Dusware Inc. End User License Agreement

Dodging Danger is licensed to You (End-User) by Dusware Inc., located at 5650 Rue Saint-Louis, Lévis, Quebec, Canada ("Licensor"), for use only under the terms of this License Agreement. We are registered in Canada and have our registered office at 1038 Rue Arnois, Levis, Quebec, Canada.

Please read this License Agreement carefully before installing the Licensed Application. By clicking "I Agree" in the installer, or by installing, copying or using the Licensed Application, obtained from the Dodging Danger website, and any update thereto (as permitted by this License Agreement), You indicate that You agree to be bound by all of the terms and conditions of this License Agreement, and that You accept this License Agreement. If You do not agree, click "Cancel" and do not install or use the Licensed Application.

Dusware Inc. is solely responsible for the Licensed Application and the content thereof.

1. The Application

Dodging Danger ("Licensed Application") is a video game software application created for entertainment purposes. It is used to play a video game on supported devices.

2. Scope of License

2.1 You are given a non-transferable, non-exclusive, non-sublicensable license to install and use the Licensed Application on any personal computers that You (End-User) own or control, for Your personal, non-commercial use.

2.2 This license will also govern any updates of the Licensed Application provided by Licensor that replace, repair, and/or supplement the first Licensed Application, unless a separate license is provided for such update, in which case the terms of that new license will govern.

2.3 You may not share or make the Licensed Application available to third parties (unless with Dusware Inc.'s prior written consent), sell, rent, lend, lease or otherwise redistribute the Licensed Application.

2.4 You may not reverse engineer, translate, disassemble, integrate, decompile, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Licensed Application, or any part thereof (except with Dusware Inc.'s prior written consent).

2.5 You may not copy (excluding when expressly authorized by this license) or alter the Licensed Application or portions thereof. You may create and store copies only on computers or storage media that You own or control for backup keeping under the terms of this license and any other terms and conditions that apply to the computer or software used. You may not remove any intellectual property notices. You acknowledge that no unauthorized third parties may gain access to these copies at any time. If You sell or give away Your computer to a third party, You must remove the Licensed Application from it before doing so.

2.6 Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.

2.7 Licensor reserves the right to modify the terms and conditions of licensing. Licensor will notify You of material changes through the Licensed Application or its website.

2.8 Nothing in this license should be interpreted to restrict third-party terms. When using the Licensed Application, You must ensure that You comply with applicable third-party terms and conditions.

3. Technical Requirements

3.1 The Licensed Application requires a personal computer that meets the minimum system requirements (operating system, processor, memory, graphics and storage) listed on the Dodging Danger website. Licensor recommends keeping Your operating system and graphics drivers up to date.

3.2 Licensor attempts to keep the Licensed Application updated so that it complies with modified or new versions of the operating system and new hardware. You are not granted rights to claim such an update.

3.3 You acknowledge that it is Your responsibility to confirm and determine that the device on which You intend to use the Licensed Application satisfies the technical specifications mentioned above.

3.4 Licensor reserves the right to modify the technical specifications as it sees appropriate at any time.

4. No Maintenance and Support

4.1 Dusware Inc. is not obligated, expressed or implied, to provide any maintenance, technical or other support for the Licensed Application.

4.2 Any support Dusware Inc. chooses to provide is offered at its sole discretion and may be discontinued at any time.

5. Use of Data

You acknowledge that Licensor will be able to access and adjust Your downloaded Licensed Application content and Your personal information, and that Licensor's use of such material and information is subject to Your legal agreements with Licensor and Licensor's privacy policy: https://www.dodgingdanger.com/terms-of-service.

You acknowledge that Licensor may periodically collect and use technical data and related information about Your device, system, application software, and peripherals to offer product support, facilitate software updates, and provide other services to You (if any) related to the Licensed Application. Licensor may also use this information to improve its products or to provide services or technologies to You, as long as it is in a form that does not personally identify You.

6. User-Generated Contributions

The Licensed Application is an online game that allows You to upload content, including custom profile pictures, usernames and other profile information, and may allow other forms of content in the future (collectively, "Contributions"). Contributions such as profile pictures are visible to other players of the Licensed Application. As such, any Contributions You transmit may be treated as non-confidential and non-proprietary. When You create or make available any Contributions, You thereby represent and warrant that:

The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of Your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
You are the creator and owner of, or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Licensed Application, and other users of the Licensed Application to use, Your Contributions in any manner contemplated by the Licensed Application and this License Agreement.
You have the written consent, release, and/or permission of each and every identifiable individual person in Your Contributions to use the name or likeness of each such person to enable inclusion and use of Your Contributions in any manner contemplated by the Licensed Application and this License Agreement.
Your Contributions are not false, inaccurate, or misleading.
Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person or to promote violence against a specific person or class of people.
Your Contributions do not violate any applicable law, regulation, or rule.
Your Contributions do not violate the privacy or publicity rights of any third party.
Your Contributions do not violate any applicable law concerning child sexual abuse material, or otherwise intended to protect the health or well-being of minors.
Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
Your Contributions do not otherwise violate, or link to material that violates, any provision of this License Agreement, or any applicable law or regulation.

Any use of the Licensed Application in violation of the foregoing violates this License Agreement and may result in, among other things, termination or suspension of Your rights to use the Licensed Application.

7. Contribution License

By uploading a profile picture or other Contribution, You grant Dusware Inc. a worldwide, non-exclusive, royalty-free license to host, store, reproduce, resize, reformat and display that Contribution to other players within the Licensed Application and its related services, for as long as it remains on Your account and for a reasonable period after removal for backup and moderation purposes.

We have the right, in our sole and absolute discretion, to remove, hide or reject any Contribution, and to suspend or terminate accounts that post Contributions violating Section 6, at any time and without notice. We have no obligation to monitor Contributions, but players may report inappropriate profile pictures to the contact address in Section 12.

You agree that we may access, store, process, and use any information and personal data that You provide following the terms of the privacy policy and Your choices (including settings).

By submitting suggestions or other feedback regarding the Licensed Application, You agree that we can use and share such feedback for any purpose without compensation to You.

We do not assert any ownership over Your Contributions. You retain full ownership of all of Your Contributions and any intellectual property rights or other proprietary rights associated with Your Contributions. We are not liable for any statements or representations in Your Contributions provided by You in any area in the Licensed Application. You are solely responsible for Your Contributions to the Licensed Application and You expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding Your Contributions.

8. Liability

8.1 Licensor's responsibility in the case of violation of obligations and tort shall be limited to intent and gross negligence. Only in case of a breach of essential contractual duties (cardinal obligations), Licensor shall also be liable in case of slight negligence. In any case, liability shall be limited to the foreseeable, contractually typical damages. The limitation mentioned above does not apply to injuries to life, limb, or health. Nothing in this License Agreement excludes or limits any right You may have as a consumer under the Quebec Consumer Protection Act or other applicable consumer protection law.

8.2 Licensor takes no accountability or responsibility for any damages caused due to a breach of duties according to Section 2 of this License Agreement. To avoid data loss, You are required to make use of backup functions of the Licensed Application to the extent allowed by applicable third-party terms and conditions of use. You are aware that in case of alterations or manipulations of the Licensed Application, You will not have access to the Licensed Application.

8.3 To the extent permitted by applicable law, Licensor takes no accountability and responsibility for the loss of game progress, saved data, scores, or in-game items, or for interruptions caused by device failures, network outages, or third-party services.

9. Warranty

9.1 Licensor warrants that the Licensed Application is free of spyware, trojan horses, viruses, or any other malware at the time of Your download. Licensor warrants that the Licensed Application works as described in the user documentation.

9.2 No warranty is provided for the Licensed Application that is not executable on the device, that has been modified without authorization, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, used with inappropriate accessories, regardless if by Yourself or by third parties, or if there are any other reasons outside of Dusware Inc.'s sphere of influence that affect the executability of the Licensed Application.

9.3 You are required to inspect the Licensed Application immediately after installing it and notify Dusware Inc. about issues discovered without delay by the email provided in Section 12 (Contact Information). The defect report will be taken into consideration and further investigated if it has been emailed within a period of thirty (30) days after discovery.

9.4 If we confirm that the Licensed Application is defective, Dusware Inc. reserves a choice to remedy the situation either by means of solving the defect or substitute delivery.

9.5 In the event of any failure of the Licensed Application to conform to any applicable warranty that Dusware Inc. cannot remedy under Section 9.4, You may request a refund of the purchase price by contacting Dusware Inc. at the address in Section 12. To the maximum extent permitted by applicable law, Dusware Inc. will have no other warranty obligation whatsoever with respect to the Licensed Application.

9.6 If the user is an entrepreneur, any claim based on faults expires after a statutory period of limitation amounting to twelve (12) months after the Licensed Application was made available to the user. The statutory periods of limitation given by law apply for users who are consumers.

10. Product Claims

Dusware Inc. and the End-User acknowledge that Dusware Inc. is responsible for addressing any claims of the End-User or any third party relating to the Licensed Application or the End-User's possession and/or use of that Licensed Application, including, but not limited to:

product liability claims;
any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and
claims arising under consumer protection, privacy, or similar legislation.

11. Legal Compliance

You represent and warrant that You are not located in a country that is subject to a US Government embargo or Canadian economic sanctions, or that has been designated by the US Government as a "terrorist supporting" country; and that You are not listed on any US or Canadian Government list of prohibited or restricted parties.

12. Contact Information

For general inquiries, complaints, questions or claims concerning the Licensed Application, please contact:

Dusware Inc.
5650 Rue Saint-Louis
Lévis, Quebec, G6V 4E8, Canada
legal@dusware.com

13. Termination

The license is valid until terminated by Dusware Inc. or by You. Your rights under this license will terminate automatically and without notice from Dusware Inc. if You fail to adhere to any term(s) of this license. Upon license termination, You shall stop all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.

14. Third-Party Software

The Licensed Application may include third-party software components (such as game engines, libraries or middleware) that are subject to their own license terms. Those terms govern Your use of those components, and nothing in this License Agreement limits them.

Dusware Inc. represents and warrants that it will comply with the license terms of any third-party components included in the Licensed Application.

15. Intellectual Property Rights

Dusware Inc. and the End-User acknowledge that, in the event of any third-party claim that the Licensed Application or the End-User's possession and use of that Licensed Application infringes on the third party's intellectual property rights, Dusware Inc. will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claims.

16. Applicable Law

This License Agreement is governed by the laws of the Province of Quebec and the federal laws of Canada applicable therein, excluding their conflicts of law rules. Any dispute will be submitted to the courts of the Province of Quebec, subject to any mandatory rights You have as a consumer to bring proceedings where You reside.

17. Accounts

17.1 You need an account to play the online features of the Licensed Application. You agree to provide accurate information when creating it and to keep it up to date.

17.2 You are responsible for keeping Your login credentials secure and for all activity that occurs under Your account. Notify Dusware Inc. without delay at the address in Section 12 if You believe Your account has been compromised.

17.3 Each account is personal to You. You may not sell, transfer, share, or lend Your account, or use another player's account.

18. Minimum Age

18.1 You must be at least thirteen (13) years old to create an account or use the online features of the Licensed Application.

18.2 If You are under the age of majority where You live, You may only use the Licensed Application with the consent of a parent or legal guardian, who agrees to this License Agreement on Your behalf and is responsible for Your use of it.

18.3 Players under eighteen (18) should not upload profile pictures that show their face or reveal personal information. Dusware Inc. may remove any such image and may close accounts it believes belong to children under thirteen (13).

19. Code of Conduct and Fair Play

19.1 When using the Licensed Application, You agree not to:

use cheats, hacks, bots, macros, exploits, or any unauthorized third-party software that modifies the game or gives an unfair advantage;
exploit bugs or glitches instead of reporting them;
interfere with, disrupt, overload, or attempt to gain unauthorized access to the game servers or networks;
harass, threaten, bully, impersonate, or abuse other players, including through usernames, profile pictures, or chat;
post hateful, sexual, violent, or illegal content;
collect information about other players without their consent; or
deliberately ruin other players' experience, such as by intentionally losing or abandoning matches.

19.2 Dusware Inc. may use anti-cheat measures and may monitor gameplay data to detect violations. If You violate this Section, Dusware Inc. may, at its discretion, issue a warning, reset progress, remove content, or temporarily or permanently suspend Your account, with or without notice.

20. Online Services and Availability

20.1 The Licensed Application requires an internet connection for online play. Dusware Inc. does not guarantee that the online services will be available at all times or free of interruptions, delays, or errors.

20.2 Dusware Inc. may perform maintenance, change features, modify game balance, reset game data, or limit access to online services at any time.

20.3 Dusware Inc. may permanently discontinue the online services. Where reasonably possible, it will give at least thirty (30) days' notice on the Dodging Danger website. You acknowledge that You have no right to continue using online features once they are discontinued, subject to any rights You have under applicable consumer protection law.

21. Virtual Items and Currency

21.1 If the Licensed Application offers virtual items, cosmetics, or in-game currency ("Virtual Items"), whether earned or purchased, You receive only a limited, revocable, non-transferable license to use them within the Licensed Application. You do not own Virtual Items.

21.2 Virtual Items have no real-world monetary value, cannot be exchanged for cash, and may not be sold, traded, or transferred outside the Licensed Application.

21.3 Purchases of Virtual Items are final and non-refundable, except where required by applicable law. Virtual Items may be modified or removed if online services are discontinued or if Your account is suspended for violating this License Agreement.

22. Content Reporting and Takedowns

22.1 Any person may report a profile picture, username, or other Contribution they believe is inappropriate or violates this License Agreement by writing to the address in Section 12, describing the content and the account involved.

22.2 If You believe a Contribution infringes Your copyright, You may send a notice to the address in Section 12 that identifies the work, the infringing content, and Your contact information. Dusware Inc. will review notices and may remove content and, where applicable, forward notices in accordance with Canada's Copyright Act notice-and-notice regime.

22.3 Dusware Inc. may suspend or terminate the accounts of players who repeatedly post infringing or prohibited content.

23. Miscellaneous

23.1 If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.

23.2 Collateral agreements, changes and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.

Légal

End User License Agreement