END-USER LICENSE AGREEMENT (EULA)
Please review the following terms carefully. By clicking the “Accept & Continue” button, you agree that you have read and understood, and agree to be bound by, the terms of this EULA. If you have not read and understood, or do not agree to be bound by, the terms of this EULA, do not click the “Accept & Continue” button. If you do not click the “Accept & Continue” button, you are not licensed to use the software, and should remove it from your Ios/Android device.
This EULA is drafted and documented in English language only. In the event you need the EULA to be translated in your preferred language, you may translate this EULA through third party translation software, however please note that Ninetys Station Lab FZ LLC. shall not be responsible for any errors and omission during any third party translation and does not guarantee any accurate translation of this EULA or its interpretation.
If you have any questions about this agreement, you can reach Ninetys Station Lab FZ LLC., Abu Dhabi via ‘Contact Us’ section of our website www.90sstationlab.com.
Your remedy for dissatisfaction with the software or any products, content, or other information made available by or through Ninetys Station Lab FZ LLC., is to stop using the software. Your agreement with Ninetys Station Lab FZ LLC. regarding compliance with the agreement becomes effective immediately upon commencement of your use of the software.
‘Sky 8 Ball’ works only with iOS/ Android devices. You should purchase/download ‘Sky 8 Ball’ only if you have iOS/ Android devices. Ninetys Station Lab FZ LLC. does not provide/sell any iOS/ Android devices along with ‘Sky 8 Ball’ and vice versa.
In this EULA, the following words shall have the following meanings:
1.1. “Agreement”, “EULA” means this End User License Agreement;
1.2 “Appstore” means Apple Appstore owned/operated by Apple Inc. or Android Play Store owned by Google Inc. or such other appstore(s) of other companies/third parties where the Software is made available by Ninetys Station Lab FZ LLC. for download by end users;
1.3 “Device” means any mobile or a hand-held electronic device (including but not limited to a PDA or a Tablet) on which the Software is downloaded and installed.
1.4 “Intellectual Property Rights” means all copyrights, trademarks, service marks, trade secrets, patents, patent applications, moral rights, contract rights, and other proprietary rights in and to the Software;
1.5 “Fee” mean the fees paid by you to Ninetys Station Lab FZ LLC. or its associated parties for the Software;
1.6 “Ninetys Station Lab FZ LLC.”, “We”, “Us” means Ninetys Station Lab FZ LLC.
1.7 “Software” means the mobile game titled “Sky 8 Ball” downloaded by you from Appstore or any other website/internet location, USB device, memory card or other medium, or stored in the memory of a hardware device;
1.8 “You” means the person on who uses the Software and/or the person on whose Device the Software is installed or used. For avoidance of doubt it is clarified that the definition shall include any third person/party using your Device with or without your express permission.
You and Ninetys Station Lab FZ LLC. shall hereafter be collectively referred to as “Parties” and individually as “Party” as the case may be.
2. LICENCE TO USE:
2.1 In consideration of your acceptance of this EULA, Ninetys Station Lab FZ LLC. hereby grantsto you a royalty-free, non-exclusive, non-transferable and limited licence to use the Software, subject to the terms of this EULA.
2.2 This Software works only with iOS/ Android devices and you should purchase and download the Software only incase you have iOS/ Android devices. Ninetys Station Lab FZ LLC. shall not be liable in any manner whatsoever if you do not have iOS/ Android devices and are unable to play/use the Software.
2.3 In accordance with and not intending to limit any of the provisions or protections set forth herein, duplication, copying or any form of reproduction of the Software or related information, materials or other content to any other server or location for the purposes of duplication, copying or any other form of reproduction is expressly and explicitly prohibited. You may not under any circumstances copy, modify, reverse engineer or decompile the Software or any part of the Software. You may not transfer, bargain, barter, market, trade, assign, sublicense, distribute,divest your rights, responsibilities or obligations under the Agreement, either in whole or in part, or enable a third party to use the Software or any part of itwithout the prior written consent of Ninetys Station Lab FZ LLC.. Any attempt to do so shall be void and of no effect.
2.4 You shall not remove, disable or circumvent any security protections, proprietary notices or labels contained on or within the Software.
2.5 Registered use of the Software and payment of Fees is permitted only for individuals who are of age 13 years or more on the date of first usage of the Software. For individuals younger than 13 years of age on the date of first usage of the Software, who use the limited feature “Guest” account, You shall ensure that at all times you access the Software under the supervision of an adult (of age 18 years or more on the date of first usgae).
2.6 This license does not give you any title or ownership in the Software and should not be construed as a sale or transfer of any intellectual property rights to the Software. All rights not specifically granted under this Agreement are hereby reserved by Ninetys Station Lab FZ LLC. and, as applicable, by its licensors.
2.7 You are solely responsible for taking prudent and appropriate measures to ensure that you do not damage the Device or any other electronic or non-electronic device while playing/operating the Software and Ninetys Station Lab FZ LLC. shall not be responsible for the same in any manner whatsoever.
2.8 You are solely responsible for taking prudent and appropriate measures to ensure that you and/or any person nearby you do not suffer any bodily harm and/or injury while using the Software and Ninetys Station Lab FZ LLC. shall not be responsible for the same in any manner whatsoever.
2.9 Ninetys Station Lab FZ LLC. hereby informs you that the Software contains certain patters/graphics which may trigger seizures. This may occur even in the instances where any user has no prior history of epilepsy or seizure. Ninetys Station Lab FZ LLC. advises you to use the Software with caution.
2.10 You hereby indemnify Ninetys Station Lab FZ LLC. including its directors, officers, employees, licensors, representatives etc. at all times against all actions, proceedings, claims, liabilities (including statutory liability), penalties, demands, costs, awards, damages, losses and/or expenses (including legal costs in relation to defending any of the above) that is suffered by Ninetys Station Lab FZ LLC. and arising as a result of any breach, non-fulfillment, non-performance, violation or omission of any term and conditions (including any representation or warranty) of this Agreement.
2.11 You agree to keep the Device safe and protected at all times. Ninetys Station Lab FZ LLC. does not accept any liability and/or responsibility incase of any theft/loss/damage that is caused to the Device for any reason whatsoever.
2.12 Ninetys Station Lab FZ LLC. recommends that any person who is suffering with asthama, heart or lung problems or any other similar ailments should avoid using the Software.
3. INTELLECTUAL PROPERTY RIGHTS:
3.1 You acknowledge and agree that you shall have no ownership or other property interest in the Software, and you further acknowledge and agree that all such rights are and shall forever be owned by and inure to the benefit of Ninetys Station Lab FZ LLC.. It is clarified that Ninetys Station Lab FZ LLC. hereby simply permits you to use the Software strictly in accordance with the terms of this EULA. Download of Software does not mean that any transfer any rights in the Software to you by Ninetys Station Lab FZ LLC. in any manner whatsoever.
3.2 Except as expressly licensed to you herein, all right, title, and interest in and to the Software and any and all associated copyrights, trademarks and intellectual properties therein and/or related thereto and all copies thereof (including, but not limited to, any patches, updates, copies, derivative works, titles, computer code, themes, objects, catch phrases, locations, concepts, artwork, images, animation, sounds, musical compositions, audio-visual effects, design rights, “Look and Feel”, text, methods of operation, moral rights, “applets” incorporated into the Software, and any related documentation) are owned by Ninetys Station Lab FZ LLC. or Ninetys Station Lab FZ LLC.’s licensors (as the case may be).
3.3 For avoidance of doubt it is expressly clarified that all intellectual property rights including all underlying copyrights, trademarks, design rights, computer program, patents and all other rights in and to the Software shall at all times be solely and exclusively owned by Ninetys Station Lab FZ LLC. in perpetuity and for the entire world and universe.
3.4 Unauthorized reproduction of any part of the Software in any form is illegal and is expressly forbidden.
4. CUSTOMER SERVICES:
4.1 If you need any help with the Software, please write to us at “email@example.com”. Ninetys Station Lab FZ LLC. shall endeavour to its best and reasonable efforts to solve your query and concerns.
5.1 You understand that the Software is constantly evolving and that we may update or change the Software in whole or in part, without notice to you. We may also upgrade, change, or may discontinue Software without notice to you.This EULA shall continue to be binding upon you in full force and effect even if there is any update/upgrade in the Software.
6. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY:
6.1 TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOU EXPRESSLY AGREE THAT THE USE OF THE SOFTWARE 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, ALL MATERIALS AND SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND NINETYS STATION LAB FZ LLC. HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (B) THE SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE SOFTWARE WILL BE INTERAOPERABLE OR COMPATABILE WITH OTHER SOFTWARE, OR (D) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SOFTWARE WILL BE EFFECTIVE, ACCURATE OR RELIABLE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY NINETYS STATION LAB FZ LLC. OR ITS AUTHORIZED REPRESENTATIVE(S) SHALL CREATE A WARRANTY.
6.2 AT SOME POINT IN THE FUTURE THE SOFTWARE MAY GO OUT OF DATE, AND NINETYS STATION LAB FZ LLC. MAKES NO COMMITMENT TO UPDATE SUCH SOFTWARE. THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS SECTION APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE SOFTWARE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. THE USE OF THE SOFTWARE OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH OR IN CONNECTION WITH THE SOFTWARE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
6.3 NINETYS STATION LAB FZ LLC. MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE SOFTWARE, INFORMATION AND/OR RELATED GRAPHICS PUBLISHED AS PART OF THE SOFTWARE FOR ANY PURPOSE. THE SOFTWARE, INFORMATION AND RELATED GRAPHICS PUBLISHED AS PART OF THE SOFTWARE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS.
6.4 ANY INFORMATION CONTAINED OR PUBLISHED IN THE SOFTWARE IS ONLY INDICATIVE AND NINETYS STATION LAB FZ LLC. MAKES NO REPRESENTATIONS ABOUT THE ACCURACY OF SUCH INFORMATION. ALL INFORMATION AND NUMBERS CALCULATED AND DISPLAYED IN THE SOFTWARE BY YOU WHILE USING THE SOFTWARE IS ONLY INDICATIVE IN NATURE AND MAY VARY FROM ONE USER TO ANOTHER. SUCH INFORMATION IS A STIMULATION RESULT COMPILED ON THE ASSUMPTION THAT YOU FOLLOW THE COMPLETE CHOREOGRAPHY AND SHOULD NOT BE TREATED AS A FORMAL ADVICE.
6.5 NINETYS STATION LAB FZ LLC. IS NOT RESPONSIBLE IN NO MANNER WHATSOEVER FOR THE USAGE AND WORKING OF any iOS Device or Android Device. IN THE EVENT YOU ARE UNABLE TO USE THE SOFTWARE DUE TO NON-FUNCTIONING / DEFECT OF DEVICE OR OUTDATED OS PLATFORM WE REQUEST YOU TO KINDLY CONTACT RESPECTIVE MANUIFACTURER OF THE DEVICE.
6.6 YOU ACKNOWLEDGE AND AGREE THAT YOUR EXCLUSIVE REMEDY FOR ANY DISPUTE WITH NINETYS STATION LAB FZ LLC. IS TO STOP USING THE SOFTWARE. IN NO CASE SHALL ANY LIABILITY OF NINETYS STATION LAB FZ LLC. TO YOU EXCEED THE AMOUNT THAT YOU PAID TO NINETYS STATION LAB FZ LLC. OR ITS AFFILIATES AND/OR DESIGNEES FOR THE SOFTWARE GIVING RISE TO ANY SUCH LIABILITY. IN NO EVENT SHALL NINETYS STATION LAB FZ LLC. OR ITS AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SOFTWARE, INCLUDING DAMAGES TO PROPERTY, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES (INCLUDING IN CASES OF ANY MEDICAL CONDITION SUCH AS EPILEPSY OR SEIZURE), EVEN IF NINETYS STATION LAB FZ LLC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF NINETYS STATION LAB FZ LLC. AND NINETYS STATION LAB FZ LLC. PARTIES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
7.1 This EULA is effective from when you click the “Accept & Continue” button until it is terminated.
7.2 Either Party may terminate this EULA at any time. You may terminate this EULA by deleting the Software from the Device on which you have installed the Software. Ninetys Station Lab FZ LLC. may terminate this EULA by providing notice of such termination to you via its website http://www.90sstationlab.com.
7.3 This EULA shall automatically terminate if you fail to comply with its terms and conditions or with the terms and conditions of any other contract pursuant to which Ninetys Station Lab FZ LLC. or its third party distributors have made the Software available to you.
7.4 Upon termination of this EULA, you will cease to use the Software and will delete the Software from the Device on which you have installed the Software.
7.5 Incase of termination of EULA for any reason whatsoever, Ninetys Station Lab FZ LLC. shall not be liable to return/refund any monies including License Fee to you or any other party under any circumstances.
8. ENTIRE AGREEMENT:
8.1 This EULA constitutes the entire agreement and understanding between the Parties with respect to its subject matter and replaces all previous agreements or understandings, written or otherwise between the Parties with respect to such subject matter.
9.1 The failure to exercise or delay in exercising a right or remedy provided by this EULA or by law does not impair or constitute a waiver of the right or remedy or an impairment or a waiver of other rights or remedies.
10.1 You may not assign, transfer, sub-license and/or novate this EULA or any of your rights or obligations hereunder. Ninetys Station Lab FZ LLC. may assign, transfer, sub-license and/or novate this EULA and any rights and obligations hereunder, and you hereby give your consent to such assignment, transfer, sub-licence and/or novation.
11.1 Any material modifications to the Agreement will also be brought to your attention by posting on http://www.90sstationlab.com. Such material modifications will be effective immediately, and will apply to disputes arising under the Agreement from the date of posting forward. Your continued use of the Software after a modification has been made to the Agreement constitutes your acceptance of such modification.
12. LAW AND JURISDICTION:
12. 1 This EULA shall be governed by the laws of United Arab Emirates to the exclusion of conflict of all and the Parties hereby irrevocably submit to the exclusive jurisdiction of the courts at Abu Dhabi, United Arab Emirates.